Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1889-02-14

COMMISSIONERS herein authorized nave CON
cIudod an agreement to that effect as provided
herein. and laid tho Same before the President
OF the United States, who Is thereupon author
lied and required to issue his proclamation de-
clartng such relinQuished lands open 70 settle
ment. and fixing the time from and after which
such lands may be taken. Any person who
may enter upon sny part of said lands contrary
to the provisions OF this act. and prior to the
time fixed by the Presidents proclamation.
shall not be permitted to make entry upon any
lands or lay any claim thereto In said Territory
SEC. z That the President may, at such
times as he may deem It necessary. dire t land
ontces TO be opened In the Territory OF Okla
nominate and. by and with the advice aud con-
sent OF the Senate. appoint the usual officers TO
conduct the business of said land Offices; and
the Commissioner OF the General Land once
shall when directed by the President. cause
the various portions OF said lands to be prop
erly surveyed apd subdivided, where the same
has not already been done. It is hereby made
the duty Of the Commissioner OF the General
taken under the provisions of this act before
issuing patent to the claimant: and II 1t shall
appear. that said claim was not taken in good
faith, he shall refuse a patent and declare all
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 De- ana u
MAINTAIN q continuous personal. roS1oouce Oi
three years on the land, and to improve ana
cultivate the same for that period in the man
ner required by the homestead laws before OBJ
tanning title thereto; but payment for lands,
where payment is required to be made by this
act. shall be made in four equal taStallmentS.
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 mt 10 yrd at q
years from date of entry, aud the final payment
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. g. That the procedure in applications.
entries. contests and adjudications under this
act shall be in the form and manner prescribed
under the homestead laws of the United States,
and the general principles and provisions OF the
homestead laws, except as modified by the pro-
visions of this act shall be applicable to all
entries made hereunder and no patent shall be
issued to any persons who is not citizen OF the
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,
or in default of the payment OF any installment
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 to any Judgment or lien obtained upon
Indebtedness contracted or obligations incurred
prior to the issue of patents therefor, nor shall
such lands be sold, contracted to be sold, |
leased. or contracted to be leased conveyed
0vrnrY ioRt
to final proof or payment and the record there |
of 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 contracted for prior to such |
final proof. payment and record, shall be abso- |
lutely null and void; and all assignments. |
transfers and mortgages of unpatented land |
entries shall be at the risk Of the assignees,
no recourse against the United States for any |
failure of claimants title before issue OF |
patents Provided, That the provisions of section |
1905 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. |
and the -ecretary of the Interior Is satisfied
that they are occupied in good faith and are
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
e. per acre for the lands occupied. The |
money received for each town site, except
such amount as may be required to be paid to
the Indian tribes as provided in sections and
of this act, shall be held by the Secretary Of
the Interior as 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
;lnl N1.r%
cupied on the public land strip at the date of
the approval of this act by not less than one |
hundred bona f1de 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-
vations for parks, and other public purposes,
more than twenty acres, but no deduction shall |
be allowed on this account in the amount to be |
paid for said town sites p divided in this sec
ton and patents for such reservations shall be |
issued to the ownsfespectively when organized |
as municipalities.
SEC. 10. That all lands in the Territory OF |
Oklahoma not embraced in the provisions of |
sections 4, and of this act. which are not re-
Quired by law, treaty stipulations executive |
orders, rights of occupancy for the use OF any |
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 by actual |
settlers which price shall in case exceed |
81 .25 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. H. That the President of the United |
States is hereby authorized and directed to ap- |
point o Commission, to be composed of five |
nOf more fha oofxx
members OF the same political party whose |
duty it shlal be to open negotiations with the |
Creeks, Seminoles and Cherokees for the pur-
pose of securing the consent of said Indians so |
far as it may be necessary to the provisions OF |
section 5 and section of this act. The Com |
mission is authorized to enter into such agree |