The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1872-09-06


August 4, 1872.
Registers anil Receiress at L.dependence, Kansas,
/ md WicAad:
GENTLEMEN The following is an
act Of congress approved May IL, 1872.
to carry out certain provisions of the
Cherokee treaty of 1866, and for the
relief of settlers on the Cherokee lands
in the state of Kansas:
WHEREAS, in order that certain pro-
visions of the treaty of July nincteeth.
eighteen hundred and sixty-six, be-
tween the United States and the Chero-
kec nation, may be rendered clear and
made more satisfactory to settlers
upon the lands known as the "Chcro-
kee strip" in the state of Kansas, said
settlers having moved thereon since
the date of said treaty, and for the
purpose of facilitating the sale of said
lands; therefore,
BE 1t enacted by the Senate and House
of Representatives Of the United
States Of 1merico IN Congress as
sembled:
That the strip of land lying west of
the NeoshO river. and included in
the state of Kansas, conveyed to
the Cherokee nation of Indians by
the United States and now belonging to
said nation, shall be surveyed, under
the direction of the commissioner of
the general land Office, i'll the same
manner as the public lands of the
United Statee are surveyed, and shall
be by him offered for sale under the
provisions and restrictions of this act,
and all the lands in said tract living
east of the Arkansas river shall be sold
at two dollars per acre, and all lands i'll
said tract living west of said river shall
be sold at one dollar and fifty cents per
acre, except as hereinafter provided:
PrOrided. That when there is frac-
ton of land less than forty acres, the
same shall be sold with the contigu-
Gus tract. expense of survey to be paid
out of the proceeds ofsaid lands in ac-
cordancc with the treaty ofJuly ninth,
eighteen hundred and sixty-six.
SEC. ,. That each person being the
head of family or over twenty-Onc
years of age who has made bona-iide
settlement and improvement upon any
portion of said lands. and is now occu-
pving the same. or, in case of his or
her death. the heirs of such, or. if such
heirs are minors. their guardians for
them. shall be entitled TO enter and
purchase the lands so settled upon and
occupied. not exceeding one hundred
and sixty acres, at the price fixed in
the first section of this act. payment
for which shall be made ut any time
within one year from the date of the
approval by the secretary of the inte-
rior of the acceptance of the provis-
ions of this act, as provided for in the
fifth section hereof; and all persons.
heads of families or over twenty-one
years of age, who may settle upon said
lands at any time within one year from
the date of the passage of this act, may
purchase the land so settled upon. not
exceeding ono hundred and sixty acres.
at the price fixed in the first section of
this act. and shall make payment there
for within one year from the date of
said settlement: Pfoeided. That all
lands not sold under the foregoing pro-
visions of this section and all lands
settled upon but unpaid for al the ex
piratiou of the limitation named in the
foregoing provisions Of this act, shall.
unless such payment be suspended by
reason of contest or appeal, be sold by
the secretary of the interior. on scaled
bids. after due advertisement. in tracts
not exceeding one hundred and sixty
acres. and nj not less than the price
fixed in the first section of this act:
P,orided further. That proof settle
ment. entry and payment shall be made
at the land office of the proper district.
under such regulations a the commits
sioncr of the general land office shall
prescribe: Ind prorided. further, That
the town site laws shall be. and hereby
are. extended To aud made applicable
TO said lands. subject To the provisions
of this act: -iad proridei .fRffber.
That the secretary of the interior may
cause public advertisement 20 bc made
of the provisions this act.
SEC. 5. That any Cherokee citizen.
or the heirs nj law of sucsI who had
rights under the Cherokee laws 10 any
portion of said lands, and whose titles
were valid at the date of the treaty of
eighteen hundred and sixty-six, aud
who may be able 10 establish such va
lidiiv within oa- year from the date of
the passage OF this act, under such
rules as the secretary Of the interior
NAV prescribe. shall receive the pro-
cceds OF the sale Of such identical
lands. not exceeding one hundred aud
sixty acres, instead al their being in
vested a. hereinafter provided for in
the fourth section of this act.