INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FORTY-SIXTH CONGRESS—SECOND SESSION, 1880.
CHAP. 39 | CHAP. 85 | CHAP. 107 | CHAP. 223 | CHAP. 251

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Chapter 107
Sections 2 | 3 | 4 | 5 | 6 | 7

Margin Notes
Chap. 107 Settlers on Osage trust and diminished reserved lands, Kansas, 60 days to establish claims.
   R. S., 2283. 2284.
   See note to 1872, ch. 310, ante, p. 137.
   157 U. S., 46; 33 Fed, Rep., 104.
Chap. 107 Proviso.
Chap. 107 Default in payment a forfeiture.
Chap. 107 Land resold unless payment is made before day of offering.
Sec. 2 Remaining lands subject to disposal to actual settlers only.
Sec. 3 Sales in default of payment.
Sec. 3 To be advertised and sold for cash to highest bidder.
Sec. 3 To be offered once every year.
Sec. 4 When subject to taxation.
Sec. 4 Purchaser under tax-sale to pay residue of payments on land.
Sec. 4 Patent to issue when.
Sec. 4 Rights of settler to redeem lands under revenue laws of Kansas preserved.
Sec. 5 Fees to register and receiver. Disposal of net proceeds.
Sec. 5 Secretary of Interior to make rules and regulations.
Sec. 6 Town-sites.
Sec. 7 Interest on purchase money.

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Chapter 107
    May 28, 1880. | 21 Stat., 143.
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An act for the relief of settlers upon the Osage trust and diminished-reserve lands in Kansas, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all actual settlers under existing laws upon the Osage Indian trust and diminished reserved lands in Kansas (any failure to comply with such existing laws notwithstanding) shall be allowed sixty days after a day to be fixed by public notice by advertisement in two newspapers in each of the proper land districts, which day shall not be later than ninety days after the passage of this act, within which to make proof of their claims, and to pay one fourth the purchase price thereof, and the said parties shall pay the balance of said purchase price in three equal annual installments thereafter: Provided, That nothing herein contained shall be construed to prevent an earlier payment of the whole or any installment of said purchase money as aforesaid.

And if default be made by any settler in the payment of any portion or installment at the time it becomes due under the foregoing provisions, his entire claim, and any money he may have paid thereon, shall be forfeited, and the land shall, after proper notice, be offered for sale according to the terms hereinafter prescribed, unless before the day fixed for such offering, the whole amount of purchase money shall be paid by said claimant, so as to entitle him to receive his patent for the tract embracing his claim.

SEC. 2

That all the said Indian lands remaining unsold and unappropriated and not embraced in the claims provided for in section one of this act, shall be subject to disposal to actual settlers only, having the qualifications of pre-emptors on the public lands. Such settlers shall make due application to the register with proof of settlement and qualifications as aforesaid; and, upon payment of not less than one-fourth the purchase price shall be permitted to enter not exceeding one quarter section each, the balance to be paid in three equal installments, with like penalties, liabilities and restrictions as to default and forfeiture as provided in section one of this act.

SEC. 3

All lands upon which such default has continued for ninety days shall be placed upon a list, and the Secretary of the Interior shall cause the same to be duly proclaimed for sale in the manner prescribed for the offering of the public lands, but not exceeding one quarter section shall be sold to any one purchaser, at a price not less than the price fixed by law, but such lands, upon which such default shall be made, shall be offered for sale by advertisement of not less than thirty days in two newspapers in the proper land districts respectively and unless the purchase price be fully paid before the day named in the notice, shall be sold for cash to the highest bidder at not less than the price fixed by law. And all such lands, subject to unpaid overdue installments, shall be so offered once every year. And if any of said lands shall remain unsold after the offering as aforesaid, they shall be subject to private entry, for cash in tracts not exceeding one quarter section by one purchaser.

SEC. 4

After the payment of the first installment as hereinafter provided for, such lands shall be subject to taxation according to the laws of the State of Kansas, as other lands are or may be in said State: Provided, That no sale of any such lands for taxes shall operate to deprive the United States, of said lands, or any part of the purchase-price thereof, but if default be made in any installment of the purchase-price as aforesaid, such tax sale purchaser, or his or her legal representatives, may, upon the day fixed for the public sale, and after such default has become final, under the foregoing provisions, pay so much of said purchase-price as may remain unpaid, and shall there-upon be entitled to receive a patent for the same as though he had

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made due settlement thereon: And provided further, That nothing in this act shall be so construed as to deprive or impair the right of the settler, of the right of redemption under the revenue laws of the State of Kansas.

SEC. 5

That the register and the receiver shall be allowed the same fees and commissions as are allowed by law for the disposal of the public lands, and the net proceeds of the sales and disposals after deducting the expenses of such disposals, shall be deposited to the credit of the proper Indian fund, as provided by existing laws; and the Secretary of the Interior shall make all rules and regulations necessary to carry into effect the provisions of this act.

SEC. 6

That nothing in this act shall be construed to interfere in any manner with the operation of the town-site laws as applicable to these lands: Provided, That all claims for entry under said statutes shall be proved up and fully paid for, before the day fixed for the commencement of the public sales provided for in section three of this act.

SEC. 7

In all cases arising under this act interest at the rate of five per cent. per annum shall be computed and paid upon all that part of the purchase money in respect to which time is given for the payment of the same.

Approved, May 28, 1880.


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