The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1872-08-30


tum bonds Of the United States. as pro
vidcd in the twenty-third article o.
the treaty of eighteen hundred ane
siXty-siX.
SEC. ). Tha. the sale of said lands
!. as hereinbeiore provided for, shall moi
take place until the provisions of thi.
act are accepted by the Cherokee ma
tional council, or by delegation duly
authorized thereby, which acceptance
shall be filed with the secretary of the
interior, and when approved BY him,
the same shall be made final and con.
elusive
The secretary of the interior Nnder
date of Sd instant, forwarded his APP
proyal ofthe acceptance ofthe Cherokee
delegation under the provisions of the
2d and 9Th sections of the act. and di-
rected the proper INSTRUCTIONS to be
issued by this office.
The first section fixes the price per
acre and provides for the sale of frac-
lions less than forty acres.
The second section provides for the
! rights of settlers, and also for town
sites, subject to the Limitations of the
act. under regulations to be prescribed
by this office
You will. therefore. give notice, by
publication of not less than four weeks,
i'll two newspapers having the largest
| circulation among the settlers on said
| lands i'll your district, that all persons
claiming settlement prior to such pub
LEGATION, must within three months
from the date OF the notice. file in YOUR
Office their dcciaratory statements. as
Ill prescription cases, properly describ-
ing the land claimed and the date of
settlement.
thereafter such persons must prove
up and pay for the lands claimed with
i'll one year from the date of the secre-
tary's approval of the 81 instant. ifthc
settlement was prior to the passage of
the act, and within one year from date
Of settlement if subsequent to such
passage.
Parties settling within one year from
the date of the act. and subsequent to
publication ofnotice. will be required to
file their declaratory statements within
three months, and make proof and paw
ment within one year from date OF set
Element.
Town site claimants must conform
to the limitations herein. and file and
make proof and payment within the
time prescribed. No special ins truc-
tions are deemed necessary for the ex-
ecutiOn Of this provision.
Not exceeding one hundred and sixty
acres can be taken by any settler.
When settlement is upon Il tract con-
tlguous TO a fraction of less than forty +
acres. the fraction must be made q
part of the entry, even to the exclusion
OF regular quarter-quarter section or
larger fraction. as the statute is spe-
Nii-N 40 ~ iHC III Dt sOiu
with the contiguous tract.
In cases of conflict, however, where
the settlement has been made prior to
publication of notice. adjustment will
be made to conform to the usual prac
tice of awarding to each settler. a,
near as may be by legal subdivisions.
bis house and most valuable improve
ments. In cases where settlement is
after such publication prior
lty will govern as in prc-cmption eases
upon surveyed land.
The filings and cntrie, under this act
must be numbered conscc,itivcly in
their order upon regular monthly alb
'iracts commencing with number one.
md reported at the close ofeacl, month
Is = Cherokee lands. under act of Nav
II. 1872"
Your fees and commissions will be
he same as i'll ordinary presumption
asses, nothing but cash being received
II payment for these lands.
The qualifications of applicants nm !
Ter this act must conform as TO eiti-
enship 70 those of claimant under
he presumption statutes. in accordance h
With the principles observed in the
Of the joint resolution
# April 10. 1859. and the act of July ,
>. 1870. in disposing Of the Usage '
lnds. The restrictions of the pre-
mptiOn law. respecting ownership of. ],
+ removal from other lands. will not =
pply.
The rights of heirs are sufficiently o
etined by the statute. Entry for heirs
iist be made a. in prescription cases.
Y the executor, administrator. or one
t the heirs, or in case OF minor heirs.
y guardian. The right of the rep d
sentative in such case to act for the y
arties in interest must be shown by
ne customary proofs.
on will in all cases require the afli- ."
avit OF the claimant Cor. in case of
rirs, of the executor. administrator. !,
cir. or guardian.) setting forth the =
ct and date of settlement. the period
actual bona fide residence. the ma IA
ire and amount Of Improvement. and %
ie averment that the same were made
good faith. for his or her exclusive
Sc and benefit, and net for purpose.
sale or speculation, or for the benefit
any other person. Also that no CON
act or agreement has been entered
to whereby The title TO be acquired
n inure. in whole or in part. TO the o,
,nefit of any other person.
This affidavit must be made before
e register or receiver, and must be
pported by the sworn testimony of
20 or more credible witnesse. a to
e qualifications of the claimant. the
Ct and date Of settlement. the period