Page:United States Statutes at Large Volume 19.djvu/101

FORTY-FOURTH CONGRESS. Sess. I. C11. 168. 1876. 75 tlers nor purchasers were able to pay the same, and the said land has remained unsold from the passage of the act ; Therefore, Be it enacted by the Senate and House of Representatives of the U witted States of America in Congress assembled, That each bona fide settler on B<>¤¤-¤<l¤¤<>¤*]l_<‘¤`S any of the trust lands embraced in said act, heretofore reported as such f;“{§"';*f by the commissioners appointed to make said appraisenienr, and the my,,,,,,,,, 2;,,. jc}? rejected claimants as bona tide settlers, who were recommended as such lands. by Andrew O. Williams, acting under instructions to superintendent Hoag, from the Indian Office, dated October, twenty-fourth, eighteen hundred and seventy-two, be permitted to make payment of the appraised value of their lands to the local land-office at Topeka, Kansas, under such rules as the Commissioner of the General Land Oifce may adopt, in six equal annual instalments; the first instalment payable on the When n=»y¤·l>l¤- iirst of January, eighteen hundred and seventy-seven, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid: Provided, That where there is Pr9vi¤o,n<>w¤Sw timber on any of the lands to be sold under the provisions of this act, °“ ""“b°"‘”·“"”· the Secretary of the Interior shall require the purchaser to enter into bond, with approved security, that he shall commit no waste on the timber, or otherwise on said land until the last payment is made. - _ Sec. 2. That all the remainder of the trust-lands and of the undisposed _RPm€***;ld ° 'b_ ef portion of the diminished reserve shall be subject to entry at the local land office at·T0peka, Kansas, in tracts not exceeding one hundred and Sm],m,_ sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, only by actwal settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe. And the parties making such entries shall · be required to make payment of the appraised value of the land entered and occupied by each, in the following manner: One sixth at the time HOW r¤y¤¤¢¤¤¤ *0 that the entry is made, and the remainder in nve equal annual pay- "° """d"· ` ments, drawinginterest at six per eentnm per annum, and the Secretary of the lnterior shall withhold title until the last payment is made; and the Secretary of the Interior, where there is timber on the lands, shall, in addition, compel the purchaser to enter into bond, with approved 1{*°¤‘§“°5’°.**Q?*"‘ 'security, to commit no waste by the destruction of timber or otherwise, Lvarzff an "S 'm` on the premises, until final payment has been made; and the Secretary of the lnterior shall cause patents in feesimple to be issued to all parties who shall complete purchases under the provisions of this act: Provided, That if any person or persons applying to purchase land under the provisions of this act shall fail to make payment or to per- 1"¤~u“'° *0 *“**k° torin any other conditions required by the provisions of this act, or by p”'y'"“°‘ rules and regulations that may be prescribed in the execution hereof, · • within ninety days after such payment shall become due, or performance be required by the terms hereof, or by the rules and regulations which may be prescribed in the execution hereof, such person or persons shall iorieit all rights under the provisions of this act, and all claim or right to reimbursement or compensation for previous action or payment by said person or persons under the provisions hereof; and the land proposed to be purchased by such person or persons shall again be subject to sale as though no action had been had in regard to the same. Sec. 3. That the Secretary of the Interior shall inquire into the cor- Reappraiseiiient, rectness of the appraisement of these lands; and if he be satisfied that when vw they have been appraised at more than their present cash value, he may appoint a new commission of three persons to re-appraise the same_; the per diem and expenses of which, at the rates heretofore paid to such Expense of, docommissioners, shall be deducted from the proceeds of said lands.d“°*°d· Sec. 4. That in preparing or giving their testimony, all settlers or Testi mon y on purchasers of land under the provisions of this act may have such P3;;§f1;;;;]°*;*:)*‘\*; testimony taken ,aitcr due and legal notice to the opposing. party in fakm m1d,gmVMd_ interest, betore any notary public or person qualined to administer an 6d_ oath, and may iorward such testimony with their application to the land