New Orleans Republican., 1872-08-14
OFFICIAL.
Laws of the United states Passed at the
Second Session of the FOrty-Ffrst


GENERAL NATURE-NO. 81.
An act to provide Tor the removal of the
Kansas tribe OF Indians to the Indian
Territory, and to dispose of their lands
in Kansas to actual settlers.
Be it enacted by the Senate and House of
Representatives of the United States OF
America in Congress assembled, That the
Secretary of the Interior be, and he is here
by. authorized and empowered to cause to
be appraised and sold SO much of the lands
heretofore owned by the Kansas tribe OF
Indians in the State of Kansas, and which
was ceded to the United States in trust in
the treaty made by the United States and
said Indians proc Claimed November seven
teenth, ammo DOmini eighteen hun
dred and sixty, and which remain un-
sold, in the following manner, viz: The
said Secretary shall appoint three dislnter-
ested and competent persons, who small,
after being duly sworn to perform said ser
vice faithfully and impartially, personally
examine and appraise said lands by legal
| subdivisions of one hundred and sixty acres
| or less, separately from the value OF any
| improvements on tue same, and also the
| value of said improvements, distinguishing
| between the improvements made by mem
! beTs of said Indian tribe, the UnitedStates,
! and white settlers, and make return thereof
! to the Commissioner Of Indian Affairs; pro
yided, that the Secretary of the Interior
may, in his discretion, set aside any ap-
praisements that may be made under the
provisions of this section, and cause new
appraisenent TO be made.
| SEC. 2. That each bona tide settler at the
time occupying any portion OF said lands,
and having made valuable improvements
| thereon. or the heirs at law of such, who IS
a citizen OF the United States, or who has
declared his intention to become such, shall
! be entitled at any time within one year
| from the approval of said appraisement, to
! purchase for cash the land so occupied and
improved by him. not to exceed one nun
| dred and sixty acres in each case, at the
| appraised value thereof, including the ap-
praised value Of any improvements which
| may have been made by the United States
| or any. of said Indians on the same, under
| such rules and regulations as the Secretary
of the Interior may prescribe.
| SEC g. That all the lands mentioned IN
| the first section of this act now occupied by
| bona tide settlers as mentioned in the sec
! OHd section of this act, remaining unsold at
| the expiration of one year from the ap-
| proval of said appTaisment shall be sold at
! public sale, after due advertisement, to the
! highest bidder for cash, in tracts not exceed
! ing one hundred and sixty acres ana all
! the lands mentioned in the first section OF
| this act which shall be unOccupied by bona
| fide settlers at the date OF such appralse-
ment may be sold at any time after the APP
| prOval Ot said appraisement, at public sale,
| after due advertisement, to the highest
! bidder for cash. in tracts not exceeding one
| hundred and sixty acres, under such rules
| and regulations as the Secretary OF the In
| terror NAV prescribe; provided, that in no
case shall any of the lands mentioned IN
! this act be sold at less than their appraised
! value; and provided further, that the Sec
retary of the Interior may, in his discretion,
open any Of said lands remaining unsoh
| after having been publicly offered to cash
| entry at their appraised value, SUBJECT TO
the rights Of bona tide settlers as provided
! for in this act: provided, however, that the
| proceeds of the sale Of said lands and inn
! provements, after paying theexpenses 0fsaid
! Advertisement and sale, shall be applied il
| accordance with the provisions of said treaty
| in the payment Of the liquidated indebted
ness of said Kansas tribe OF Indians pro
| rata as the same shall be received, and the
! excess, if any, shall be distributed to the
said Indians, per capita, in money.
| SEC 4. That if said Kansas tribe OF III
| diaIfs shall signify to the President OF the
! United States their desire to sell their dimln-
! ished reserve, as indicated in said treaty,
! including lands held in severalty and in
! common and to remove from the State OF
| Kansas, and shall so agree in such manner
d. as the President may prescribe, the Secre-
| tary of the Interior may cause the same to
be appraised in legal subdivisions as herein
| before provided for the appraisement OF the
sO-calIed trust lands,' and sold III quanti-
ties not exceeding one hundred and sixty
! acres at not less than its appraised value,
after due notice, to the highest bidder or
| bidders on sealed bids, including improve
ments of every character, and no prefer
| ence shall be given to settlers on any part OF
| said diminished reserve, and the appraised
value of any improvements on any part OF
said diminished reserve made by any mem
Der of said tribe shall be paid to him or
her in person, and the residue of the pro
ceeds Of said sales shall belong to said tribe
in common, fifty per centum OF which shall
be placed to their credit ON the books of the
treasury, and bear interest at the rate OF
five per centum per annum, said interest to
be paid to them semi-annually for the term
of twenty years, after which period the
principal shall be paid to the members OF
said tribe per capita, and the remaining
fifty per centum- of the proceeds OF
sales as aforesaid shall be used in
providing and improving for them
new homes in the Indian Territory
and in subsisting them until they may
become self sustaining; provided, that II
any adult member of said tribe to WHOM
an allotment was assigned under the prOvl
sion of articles one and two OF SAID treaty
of November, eighteen hundred and sixty
| shall desire to remain upon the same, sucL
member Of said tribe shall, upon satisfying
the Secretary of the Interior that he or sh'
is the person to whom such allotment wal
originally assigned, and that be or she has
since the date of such assignment, continued
to occupy and cultivate the same, be emit
; tied to demand and receive for such allOt
l ment patent in fee simple; but such laDt
so patented shall be exempt from levy, tax
alton or sale during the natural life OF sucl
, Indian.
! Approved May 8, 1872.