Wichita eagle., 1890-02-02
AN ACT

| AN ACT
To Provide for Town Site Entries Of
| Lands in What is Known as "Okla-
homa," "and for Other Purposes.
Be it enacted by the Senate and House of Represen-
tatives of the United States Of Am erica Ia Con-
| That the secretary of the interior be,
and he is hereby authorized and directed
in his discretion to appoint not more
than five boards, to consist of three
commissioners each, under the pro-
visions OF the act of congress approved
| March 2, 1899, entitled can act making
! appropriations for the current and con-
| tlngent expenses of the Indian depart
ment, and for fulfilling treaty stipula-
| tlOns with various Indian tribes, for the
year ending June 80, 1890, and for other
purposes, no more than two of whom
| on each board shall be members of the
same political organization, and it shall
| be lawful for said commissioners, or any
two OF them In the absence of the other,
whenever called on by any of the oc-
cupants of town site within those lands,
and the money for the entrance of such
town site furnished, to enter at the
proper land Office, at the minium price,
the land so settled and occupied, not ex-
ceedlng the amount of land allowed by
the United States revised statutes for
towns of correspon ding sizes, for each
town site, in trust for the several use
and benefit of the occupants thereof, ac-
cording to their respective interests, as
hereinafter provided: Provided. That if
the inhabitants upon any such town site
should fail to pay in advance the mini
um price for such entry, the commits
sion is authorized TO withhold the
amount thereof from the proceeds of
the sales of lots in such town site, and to
pay the amount required therefor IN the
treasury before patent shall issue for
such town site.
Section 2 That the commissioners
appointed under this act shall be citizens
or the United States, and before enter
ing upon the duties of the Office each of
said commissioners shall take the oath
of office prescribed by law, and give
bond for the faithful discharge of the
duties of his office, as shall be prescribed
by the secretary of the interior They
shall have authority to administer oatbs,
to subpoena and compel the attendance
of witness, and do whatever may be
necessary under such rules and
regulations as the secretary of
the interior may prescribe, to execute
in good faith and justice the
provisions of this act. Witnesses shall
be allowed the same mileage and per
diem as in attendance upon United
States courts. The costs in each case to
be taxed against the losing party, or if
there be but one party to the proceed
ings all costs shall be paid by such party
before patent shall issue: Provided, That
no costs shall be taxed except fees of
witnesses and their mileage, and the
costs of officers in subpoenaing the same.
Sec. 3. That in all cases where town
sites are entered under the provisions of
this act for the use eff the occupants
thereof. it shall be the duty of the COM
mlssioners SO entering such site to hear
and determine all controversies arising
between claimants to any part thereof |
or any lot therein, and to convey the |
same to the occupants or inhabitants |
thereof according to their respective in |
terests. That the secretary of the in
terror shall prescribe rules and regula- |
tions that shall govern SAID commission |
ers IN executing the trust imposed by |
this act, and shall direct how and to |
whom deeds shall be made except as re-
stricted herein; and any actual settler |
upon any one lot, and upon any addi- |
tional lot on which he may have sub |
stantial Improvements, shall be entitled |
to prove up and purchase the same as
at such minimum price as
may be fixed by the secretary of the in
terror. Provided, That tine claim for a
town site or any part thereof. or to any
lot therein if made by a United States
cl~oI Il
or agent of the United States who was
in said territory prior to the time fixed
for the entering thereof by the proclama-
ton of the president, or if made by a
person who entered said territory or took
possession of such town site or part
thereof, or lot therein, in advance of the
time fixed for entering said territory by
the proclamation of the president, and
in violation thereof shall be deemed and
held invalid. Provided, That any per-
son not legally disqualified from enter
ing lands under this act shall have the
right to purchase at the minimum price
any lot or lots they have heretofore pur-
chased from legal occupants and upon
which substantial Improvements have
been made. and the assignee or vendee
of such officer or wrong doer shall secure
but where purchases have
been made from such officers or wrong
doors by innocent parties and in good
faith, their rights as occupying claim
ants shall be respected by said commits
sioners and the value OF improvements
made by them in good faith shall be a
valid lien on the lot or lots so purchased
and occupied. The several commissions
. hoH of ltper /
as to each town site, which record shall,
on the termination of their labors, be
placed in custody of the secretary q
the secretary of the interior; and when
county organizations shall be effected In
the territory the said records shall be
placed in custody of the officer having
charge of the real estate records OF the
in which town is situated; and
such record Tor due exemplifications
of the commission shall be
evidence of the facts recited therein:
Provided, That any party having mort
gage or other bona tide lien upon any lot
or lots decided by the commissioners as
provided herein, shall have the right 10
have the same recorded at length IN the
record kept by the commissioners, and
such record shall be full notice to all of
the character and amount of such lien or
mortgage and of the equities and rights
of the parties therein. Nor shall the
claim of any person or his assignee be
valid when such person, being unlaw
fully within the territory prior to the
iav fixed by the presidents proclamation
for entering said territory, dad, during
such time, select a town site lot or lots
therein upon which he, after the time