Wichita eagle., 1889-02-12

gagged. or in any manner en-
numbered prior to final proof or
payment and the record thereon
made in the Office Of the register and re-
ceiver of the district where the land Is
located; and any sale. lease, conveyance
| or mortgage made, executed, or con-
tracted for prior to such final proof, pay
| ment and record shall be absolutely null
and void; and all assignments, transfers.
and mortgages of unpatented land en-
| tries shall be at the risk Of the assignees,
transferess and mortgages, who shall
have no recourse against the United
States for any failure of claimants title
before issue of patent; Provided, That
the provisions of section two thousand
three hundred and five of the revised
statutes of tie United States, entitled
..Homesteads," shall apply to the provis-
ions of this act. No entry shall be allowed,
Of any homestead under this act, except
to actual settlers thereon; and no pre-
ferred right of entry shall be given to
any person by reason of claim of occu-
pancy, prior to the application to enter
the land, except In cases OF actual &C.
cupancv and continued residence upon
the land to the date OF the application TO
enter. And no right of an alleged set
tier, as such, shall attach to any land IN
the territory until the date OF hts actual
boni fide and continuous residence upon
the tract he proposes to enter: ana ms
declaratory statement shall contain a
true and full statement of the date and
facts of residence prior thereto and de-
tailed description of Improvements,
of hA
plicant and at least one credible witness,
made before the register or receiver OF
the proper land Office, as to all facts ex-
cept that proof of the applicant place OF
residence may be made before any officer
authorized by law to administer oaths;
but the use OF such affidavit IN the terri
tory, shall in case of false swearing
thereto, subject the party to the same
penalty as sworn before the register or
receiver of the proper office.
Sec. 8. The secretary of the interior
is hereby authorized to reserve on any
public land in said territory town sites
for any existing or prospective town.
city or village IN area not exceeding o4o
acres each, III compact form. or such ad-
dltlonal area IN governmental subdlyisr
ions as may be wholly or in part occu-
pied as town, city or village site: and
no application to enter any land shall be
allowed until approved by the secretary
OF the interior of any tract OF land, first.
where any exterior line of the land is-
within one-half mile of the line Of any
railroad which is constructed or OF the
line of any railroad not constructed but
where Hs map of location shall be filed
with the secretary of the interior at the
date of the application to enter; or sec
ond, of any tract of land upon
which at the date of the appli-
cation to enter is town or
village settlement; and no settlement in
advance of survey by proper authority
shall give any right as against the power
to reserve town sites hereby given; it be-
ing the object of this provision to secure
to the inhabitants of all towns, cities and
villages in said territory the benefits and
profits arising from the sales of lots
therein: and to that end where town
sites shall be located upon any public
lands in said territory, the provisions OF
chapter s. title XXXII, revised statutes, !
entitled Preservation and sale of town
sites on the public lands" shall apply ex-
cept as otherwise provided herein. The |
secretary of the interior shall cause
the lots in airy site now existing or to be !
located to be offered, sold, and conveyed |
as provided in sections 1882 and 1883 |
Of the revised statutes. The money SO
received from the sale of lots IN each |
town site, less such amount as shall be /
required to be paid to the Indians as
provided III sections D and 6 of this act,
shall be held by the secretary of the in
terror as separate school fund for the
benefit of the inhabitants of such town
and shall be expended under his direc-
ton for the erection of school buildings
On any lot not sold and the support of .
public schools therein. This control of
sites and proceeds of sale shall continue I
only until the legal incorporation of the
respective towns, clties or villages, when
the title to the unsold portion of such
sites shall vest in the municipality and
5he proceeds thereof, as well as any bal
lnce in the hands of the secretary of the
Interior, shall be paid to the local au-
,horities, all to be devoted to public
purposes within the corporate limits.
All needed regulations to carry out the
letails hereof not provided to be provid-
ID by the secretary of the interior: Pro-
vided, that all surveys of town sites in
he territory shall contain reservations
for parks of substantially equal area, if
more than one park, and other public
purposes. embracing III the aggregate
lot less than 10 nor more than 20 acres;
)ut no deduction shall be allowed on this
account in the amount to be paid for
aid town sites as provided in this sec
ion; and patents for such reservations
o be maintained for such public pur-
,oses shall be issued to the towns re-
when organized rs muuici-
,alities.
Sec. 10. That all lands III the territory of
Oklahoma. not embraced in the provis- .
ons OF sections 4, ) and of this act, ,
which are not required by law, treaty ,
POPULATIONS, executive orders. or right ,
f occupany for the use of any Indian ,
ribe, or which may be relinquished as
n Indian reservation, shall be opened TO .
ettlement under the provisions of this !
ct: Provided, that whenever Indian +;
ands are purchased by the United States i,
With the consent of the Indians. and !,
penedto settlement III said territory, !
he president of the United States NAV !
x the price TO be paid therefor by ac- !
dal settlers. which price shall IN no case
xceed 81. p per acre, and the proceeds
ball be held for the benefit of the In
lans concerned, as provided III sections {
and Of this act.
Sec. H. That the President of the :
Tnited States is hereby authorized and !
irected 10 appoint commission, 20 be
of five persons, not more Of
lree of whom shall be members OF one Z
official party, whose duty il shall De to I
pen negotiations with the Creeks. Sem p
loles and Cherokees. for the purpose of