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—THIRD SESSION, 1881.
CHAP. 23 | CHAP. 128 | CHAP. 132 | CHAP. 139 | CHAP. 149

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Chapter 128
Sections 2 | 3 | 4 | 5

Margin Notes
Chap. 128 Lands of Confederated Oto and Missouri tribes of Indians in Kansas and Nebraska; sale of authorized.
Sec. 2 Commissioners.
Sec. 3 Survey, appraisement and sale.
Sec. 3 Proviso. Terms of sale
Sec. 3 Interest.
Sec. 3 Proviso. Lots exceeding 160 acres by a fraction, etc.
Sec. 3 Proviso. Price per acre.
Sec. 4 Proceeds deposited in U. S. Treasury to credit of Indians.
Sec. 4 To bear interest.
Sec. 5 Provisions for removal and location on new reservations.

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Chapter 128
    Mar. 3, 1881. | 21 Stat., 380.
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An act to provide for the sale of the remainder of the reservation of the Confederated Otoe and Missouria Tribes of Indians, in the States of Nebraska and Kansas, and for other purposes.a

a  The sale of the Oto and Missouri lands in Kansas and Nebraska is provided for by the acts of June 10, 1872 (ante, p. 139), and August 15, 1876 (ante, p. 167), amended by act of March 3, 1879 (ante, p. 176.)
The time for payment under the foregoing act is extended by the acts of March 3, 1885 (23 Stat., 371), and August 2, 1886 (24 Stat., 214). A readjustment of the sales is provided by the acts of March 3, 1893 (post, p. 484), and April 4, 1900 (post, p. 698.)
Under the foregoing act the Oto and Missouri were settled in the Ponca Agency, Indian Territory, now Oklahoma. The construction of a telephone line through their reservation is authorized by the act of February 9, 1899 (post, p. 676.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That with the consentb of the Otoe and Missouria Tribes of Indians, expressed in open council, the Secretary of the Interior is authorized to cause to be surveyed and sold the remainder of the reservation of said Indians lying in the States of Kansas and Nebraska.


b  Consent of Indians given May 4, 1881. (See No. 10007, 1881; appraisement reported February 28, 1883. See No. 4138.)

SEC. 2

That the lands so surveyed shall be appraised by three commissioners, one of whom shall be designated by said Indians in open council, and the other two by the Secretary of the Interior.

SEC. 3

That after the survey and appraisement of said lands, the Secretary of the Interior shall be, and hereby is, authorized to offer the same for sale through the United States public-land office at Beatrice, Nebraska, in tracts not exceeding one hundred and sixty acres, for cash, to actual settlers, or persons who shall make oath before the register or the receiver of the land-office at Beatrice, Nebraska, that they intend to occupy the land for authority to purchase which they make application, and who shall within three months from the date of such application make a permanent settlement upon the same, in tracts not exceeding one hundred and sixty acres to each purchaser: Provided, That, if in the judgment of the Secretary of the Interior, it shall be more advantageous to sell said lands upon deferred payments, he may, with the consent (b) of the Indians expressed in open council, dispose of the same upon the following terms as to payments, that is to say: One-quarter in cash, to become due and payable at the expiration of three months from the date of the filing of an application as hereinbefore required, one-quarter in one year, one-quarter in two years, and one-quarter in three years from the date of sale, with interest at the rate of five per centum per annum; but in case of default in the cash payment as hereinbefore required, the person thus defaulting shall forfeit absolutely his right to the tract for the purchase of which he has applied: And provided further, That whenever any person shall apply under the provisions of this act to purchase a tract containing a fractional excess over one hundred and sixty acres, if the excess is less than forty acres, is contiguous, and result from inability in the survey to make township and section lines conform to the boundary lines of the reservation, his application shall not be rejected on account of such excess; but if no other objection exists the purchase shall be allowed as in other cases: And provided further, That no portion of said land shall be sold at less than the appraised value thereof, and in no case less than two dollars and fifty cents per acre.


b  Consent of Indians given May 4, 1881. (See No. 10007, 1881; appraisement reported February 28, 1883. See No. 4138.)

SEC. 4

That the proceeds of the sale of said lands shall be placed to the credit of said Indians in the Treasury of the United States, and shall bear interest at the rate of five per centum per annum, which income shall be annually expended for the benefit of said Indians under direction of the Secretary of the Interior.

SEC. 5

That the Secretary of the Interior may, with the consent of the Indians, expressed in open council, secure other reservation lands (c) upon which to locate said Indians, cause their removal thereto,

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and expend such sum as may be necessary for their comfort and advancement in civilization, not exceeding one hundred thousand dollars, including cost of surveys and expense of removal, the same to be drawn from the fund arising from the sale of their reservation lands under the act approved August fifteenth, eighteen hundred and seventy-six.


c  Description of new reserve in Indian Territory. (See p. 271, Annual Report, 1882.)

Approved, March 3, 1881.


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