The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1879-10-03
KANSAS INnIAN LANns

hllncdS lnQId1 lsDHS III hduS1S TO IL
tural settlers and for the disposition of |
the proceeds of the sale.
WHEREAS, The secretary Of the In
terror. in pursuance of an act approved |
May Sth, 1872, has caused TO be apprais
ell the lands heretofore owned by the
Kansas tribe of Indians, in the state of
Kansas, which blythe terms of the treaty /
made by the Emitted Stat 5 and said In |
dams, and proclaiHicd November 18th. |
1860, were to be sold for re benefit off
said Indians: which Apr :sement also |
includes nil improvement: on the same, |
and the value of said it,..,roveincnts |
Distinguishing between improvements |
made by members of said il.di:,n tribe. |
the United Siltcs, and white settlers: and |
WHEREAS, The appraisement thus
made was so high that neither settlers |
nor purchasers were able 10 paw the |
same, and said land has remained nnsold |
from the passage of the act; Therefore,
BE az enacted by TIE S6nute and house
Of representatives IF tie United States
Of AmericG IN congress assembled.
That, each bona ft,fe settler on any of
the trust lands embraced in said act,
heretofore reported as such 10y the com
missioner appointed To make said an
praisement, and the rejected claimants
as bona fde settlers, who were recon-
mended rs such by Andrew G. Williams.
acting under instructions to superintend-
ent Hoag, from the Indian office, dated
October 24th, 1872, be PERMITTED to
make paymentof the appraised value OF
their lands to the local land-office at To
peka, Kansas, under such rules rs the
commissioner of the general land Office
may adopt, in six equal annual install
ments; the first enstalmeHt payable ON
the first of January, 1877, and the remain
ing instruments payable annually from
that time, and drawing interest at six
per centum per annum until paid
PrOoided, That where there is timber
on any of the lands TO be sold under the
provisions of this act, the secretary of
the Interior shall require the purchaser
to enter into bond, with approved Sc
curity, that he shall commit no waste on
the timber, or otherwise on said land
until the last payment is made.
SEC. 2. That that all the remainder of
the trust lands and of the undisposed
portion of the diminished reserve shall
be subject to entry at the local land of
fee at Topeka, Kansas, in tracts not ex-
ceeding one hundred and sixty acres
unless legal subdivision of a section
shall be fractional and found to contain
Il greater number of acres) only by actu-
al settlers, under such rules and regula-
al land office may prescribe. And the
parties making such entries shall be re-
quired to make payment of the appraised
value of the land entered and occupied
by each, in the following manner: One
sixth at the time that the eXtry is made.
and the remainder in five equal annual
payments, drawing interest at six per
ceutum per annum, and the secretary of
the Interior shall withhold title until
the last payment is made; and the Sec
rotary of the Interior, where there is
timber on the lands, shall, in addition
compel the purchaser to enter into
bond, with approved security, to com
nit no waste by the destruction of tim
Der or otherwise, on the premises, until
final payment has been made; and the
Secretary of the Interior shall cause
patents in fee-Simplc to be issued to all
parties who shall complete purchases
under the provisions of this act Pro
Ctded, That if any person or persons APP
plying to purchase land under the pro
visions of this act shall fail to make
payment or TO perform any other cOndi-
tons required by the provisions of this
act, or by rules and regulations that may
be prescribed in the execution hereof
within ninety days after such payment
shall become due or performance be re-
rules and regulations which may be pre-
scribed in the execution hereof, such
person or persons shall forfeit all rights
under the provisions of this act, and all
claim or right to reimbursement or com
pensatiOn 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 per-
sons shall again be subject TO sale as
though no action had been had in regard
to the same.
SEC. ,. That the Secretary of the In
terror shall inquire into the correctness
of the appraisement of these lands; and
if he be satisfied that they have been APP
praised at more than their present cash
value, he may appoint a new commits
sion of three persons to re-appraiSe the
same; the per diem and expenses of
which, at the rates heretofore paid to
such commissioners, shall be deducted
from the proceeds of said lands.
SEC. 4. That in preparing or giving
their testimony, all settlers or purchasers
Of land under the provisions of this act
may have such testimony taken, after
due and legal notice to the opposing
party in interest, before any notary pub
lie or person qualified to administer an
oath, and may forward such testimony
with their application to the land offices
or parties authorized to dispose of sad
lands, which testimony shall be received
as if taken before the officers of such
land office
SEC. 3. That the net proceeds arising
from such sales, after defraying the eX-
penses of appraisement and sale, which
have heretofore or may hereafter be in
CURED, and also the outstanding indebt-
cdness, principal and interest, of said
Kansas tribe of Indians, which has
heretofore been incurred under treaty
stipulations, shall belong to said tribe in
common, and may be used by the Com
missioner of Indian Affairs, under direc-
ton of the President of the United
States, in providing and improving for
them new homes in the Indian Territory,
and in subsisting them until they become
seifsustaining; and the residue, not 50
required, shall be placed TO their credit
on the books of the Treasury, and bear
interest at the rate of five per centum
per annum, and be held as a fund for
their civilization, the interest of which,
and the principal, when deemed necessa-
ry by the President of the United States,
may be used for such purpose: preceded,
that no proceedings shall be taken under
this act until the said Kansas Indians
shall file their assent thereto with the
Secretary of the Interior