The Iola register., 1889-02-15

nef required Dy the homestead laws before Oo
taining title thereto; but payment for lands
where payment is required to be made by this
act, shall be made in four equal i.,stallments,
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 expiration Of two
years from date Of entry. aud the final paymer,
shall be made at the expiration Of three years
from the date Of entry: Provided That there
shall be reserved public highways four rods
wide around every section Of land in said Terri
| tory. 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 s. That the procedure in applications
entries contests and adiudications under this
act shall be in the form and manner prescribed
and the general principles and provisions Of the
homestead laws, except as modified by the pro
visions of this act shall be applicable to al
entries made hereunder, and no patent shall be
issued to any persons who is not citizen Of tht
United States at the time he makes final proof
and payment Final proof and payment, ex
cept 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
OF the purchase-money when due, the entry
shall be liable to cancellation, 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 20 any Judgment or lien obtained upon
Indebtedness contracted or obligations incurred
prior to the issue OF patents therefor, nor shall
1,. a. rx. ~zrl AzI g. 49, r.,11
leased or contracted to be leased conveyed
mortsaeed or in any manner encumbered, prioi
to final proof or payment and the record there
Of made in the ONCE OF the register and re-
ceiver of the district where the land is located
and any sale, lease, conveyance or mortgage
made, executed or contracted for prior to such
final proof. payment and record, shall be abso-
lutely null and void; and all assignments,
transfers and mortgages of unpatentsd land
entries shall be at the risk of the asst0nees,
transferrees, and mortgages, who shall aave
no recourse against the United States for any
failure of claimants title before issue OF
patent: Provided. That the provisions of section
23l5 OF the Revised Statutes of the United
States. entitled "Homestads." shall not be
modified or changed by any thing in this act
SEC. 9. That whenever any portion of the
lands opened to settlement by provision of this
act shall be occupied for town site purposes,
that they are occupied in good faith and a"e
necessary for such purposes, the said Secretary
Is hereby authorized and directed to cause
patents to be issued therefor, under such rules
and regulations as he may prescribe. to any
legally organized company occupying and en-
titled to the same, upon the payment In Cash OF
s2l per acre for the lands so occupied. The
such amount as may be required to be paid to
he Ind rih iai in <
6 of this act shall be held by the Secretary OF
the Interior as a separate school fund for the
benefit OF the people OF such town. and shall be
expended under his direction for the erection OF
school buildings and the support Of schools
therein: Provided. That town sites actually oc-
cupied on the public land strip AZ the date of
the approval of this act by not less than one
hundred bona fide inhabitants shall be patented
TO the legally organized company selected by
said inhabitants. said sites to embrace the
amount of land provided by law; Provided
further, That all patents issued for town sites in
the Territory of Oklahoma shall contain reser-
vatious for parks, and other public purposes,
embracing in the aggregate not less than ten or
more than twenty acres, but no deduction shall
be allowed on this account in the amount to be
paid for said town sites as provided in this sec
tion and patents for such reservations shall be
issued to the towns respectively when organized
as municipalities.
SEC 10. That all lands in the Territory CT
Oklahoma not embraced in the provisions o.;
sections 4 and OF this act which are not re-
quired by law, treaty stipulations. executive
orders, or rights Of occupancy for the use OF any
Indian tribe, or which may be relinqushed as
an Indian reservation, shall be open to settle
ment under the provisions OF this act: Pro-
vided. That whenever Indian lands are pur-
chased by the United States with the consent
OF the Indians. and opened to settlement in said
Territory, the President of the United States
may fix the price TO be paid therefor bv actual
settlers which price shall in no case exceed
s1.sS per acre. and the proceeds shall be held
for the benefit OF the Indians concerned, as pro-
vided in sections and OF this act.
SEC. II. That the President OF the United
States is hereby authorized and directed to ap-
point Commission, to be composed Of five
persons. not more than three of whom shall be
members OF the same political party. whose
duty it shlal be TO open negotiations with the
Creeks. Seminoles and Cherotees for the pur-
pose of securing the consent OF said Indians so
far as il may be necessary to the provisions of
section 5 and section OF this act. The Com
mission is authorized to enter into such agree.
ments with said Indian tribes as it may deem
necessary to accomplish the purposes Of this
act and shall submit the same to the President
for his approval or rejection The compensa-
tion o. the members of said Commission shall
be at the rate OF $40 per day; and thy shall also
be allowed. in addition thereto. their actual
necessary travelling expenses, stationary And
postage. They shall have power to appoint q
S6 per day. and such allowances for travelling
expenses as he may actually incur.
SEC. L. That it shall be unlawful for any
persoa. for himself or any company association
or corporation, to directly or indirectly procure
any person to settle upon any lands opened to
settlement by this act with view OF their
aiterwari acquiring title to said lands from said
occupants; and the parties to such fraudulent
settlement shall severally be guilty of mis-
dsneanor. ard shah be punished upon indict-
ment, by imprisonment not exceeding twelve
months, or by fine not exceeding one thousand
dollars. or by both such fine and imprisonment
II the discretion OF the court
SEC II. That ali leases of lands belonging
TO the United States or held in common by any
OF the Indian tribes within the Territory OF
Oklahoma as organized by this act. including
the Cherokee Strip west OF the rinety-sixLh
degree Of west longitude. whether controlled
by persons, corporations, or others. except such
leases as are heldfor the purpose of cultivating
the soil strictly for farming purposes. are here
by declared void and contrary TO public policy;
and II Is hereby made the duty Of the President
Immediately after the passage OF this act TO
cause the lessees OF said lands and any other
persons illegally occupying the same, TO be re-
moved from said lands.
SEC. "a That the act OF Congress approved
July =, 1865. granting lands TO the State of
Kansas TO aid IN the construction OF tae Kan
sas Neosho Valley railroad and its extension
10 Red river. and an act OF Congress granting
lands to the State OF Kansas TO aid in the con-
structiol OF the southern branch Of the Cn on
Pacific railway. and . telegraph from Fort
Riley, Kan. TO Fort Smith. Ark, ap-
proved July IS, 1856, or any other acts
Of Congress so far as they relate
10 lands granted in said Indiaa Terri
tory and the Public Land Strip. except for the
right Of Eav and necessary stations as now p-o-