Wichita eagle. [volume] (Wichita, Kan.) 1886-1890, 1888-11-18

and who are citizens of the United States
or have resided in the United States two
years and have declared their intention to
become citizens thereof, shall be entitled
to become actual settlers on such lands
An accurate account shall be kept by the
Secretary of the Interior of the money re-
ceived as proceed4 of the sale of said lands,
and said money shall be placed to the
credit of the Cherokee Indian tribe in the
Treasury of the United States, after de-
Quoting the cost of the sale by the United
States and the amount heretofore appro-
priated and paid to the Cherokee tribe as
part compensation for said unoccupied
lands: Provided, That nothing in this
act shall be construed to authorize any
person to enter upon or occupy any of the
lands mentioned in this or the preceding
section, for the purpose of settlement or
otherwise, until after the said Indian
tribes and the commissioners herein auth
orized have concluded an agreement to
that effect as provided herein, and laid the
same before the President of the United
States, who is thereupon authorized and
required to issue his proclamation declar-
ing such relinquished lands open to settle
ment and fixing the time from and after
which such lands may be taken. Any
person who may enter upon any part of
said lands contrary to the provisions of
this act and prior to the time fixed by the
Presidents proclamation, shall not be per-
mitted to make any entry upon any
lands or lay any claim thereto in said
Territory.
Sec. T. That the President may at such
times as he may deem it necessary, di ect
land offices to be opened in the Territory
of Oklahoma, not to exceed four in num-
Der, and may nominate and, by and with
the advice and consent of the Senate APP
point the usual officers to conduct the
business of said offices and the Commits
Sioner of the General Land Office shall,
when directed by the President, cause the
various portions of said lands to be pro-
perly surveyed and subdivided where the
same has not already been done. 1t is
hereby made the duty of the Commission
er of the General Land Office to carefully
examine each claim taken under the pro-
visions of this act before issuing a patent
to the claimant and fit shall appear that
said claim was not taken in good faith, he
shall refuse patent and declare all prior
proceedings before had in such case to be
null and void; and all persons settling
on lands under the provisions of this act
shall be required to select the same in
square form, as near as may be, and to
maintain a continuous personal residence
of three years on the land, and to improve
and cultivate the same for that period in
the manner required by the homestead
laws before obtaining title thereto but
payments for lands, where payment is re-
quired to be made by this act, shall be
made in four equal installments, under
such rules and regulations as may be pre-
scribed by the Secretary of the Interior, as
follows: The first payment shall be made
within six months from the time of entry,
the second at the expiration of one year
from date of entry, the third at the expira-
ton of two years from date of entry, and
the final payment shall be made at the ex-
piration of three years from the date of
entry: Provided, That there shall be re-
served public highways four rods wide
around every section of land in said Ter
ritory, the section lines being the center of
said highways but no deduction shall be
made in the amount to be paid for each
quarter section of land by reason of such
reservation.
Sec. g. That the procedure in applica-
cations, entries, contests, and adjudica-
tiOns under this act shall be in form and
manner prescribed under the homestead
lave of the United States, and the general
principles and provisions of the home
stead laws, except as modified by the pro-
visions Of this act, shall be applicable Oall
entries made hereunder, and no patent shall
be issued to any person who is not citi-
zen of the United States at the time he
makes final proof and payment Final
proof and payment, except in cases of
contest, shall be made within three
months after the expiration of three years
from the date of entry, and in default
thereof, or in default of the payment of
any installment of the purchase-money
when due, the entry shall be liable to cam
collation., and the money paid thereon
shall be forfeited to the United States
Lands entered under the provisions of
this act shall be liable to taxation after the
first installment of the purchase-money
shall have been paid but the same shall
not be subject to any judgment or lien
obtained upon Indebtedness contracted or
obligation incurred prior to the issue of
patents therefor, nor shall such lands be
sold, leased, or contracted to be leased,
conveyed, mortgaged, or in any manner
encountered prior to final proof or pay
ment and the record thereof made in the
office of the register and receiver of the
district where the land is located and
and sale, lease conveyance, or mortgage,
made, executed, or contracted for prior to
such final proof, payment, and record
shall be absolutely null and void and all
assignments, transfers, and mortgages of
unpatented land entries shall be at the
risk of the assignees, transferres, and
mortgages, who shall have no recourse
against the United States for any failure
of claimants title before issue of patent
ProUided, That the provisions of section
two thousand three hundred and five of
the Revised Statutes of the United States,
entitled ''Homesteads," shall not be mod
flied or changed by anything in this act.
(Sec. 9. That whenever any portion Of
the lands open to settlement by the pro-
visions of this act shall be occupied for
town site purposes, and the Secretary of
the Interior is satisfied that they are &C.
cupied in good faith and are necessary for
such purposes, the Secretary is hereby
authorized and directed to cause patents
to be issued therefor, under such rules
and regulations as he may prescribe, to