Chapter CDXXX. for the Relief of certain Indians in the Central Superintendence
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CHAP. CDXXX.— An Act for the Relief of certain Indians in the Central Superintendence.June 10, 1872.See 1873, ch. 319.*Post*, p. 623. Whereas the members of the tribe of Ottawa Indians of Blanchard’s Fork and Roche de Bouf have presented their petition earnestly requestingPreamble. that a sale be made of their lands, premises, assets, and other property in the State of Kansas, and that the proceeds thereof be distributed in severalty to the present members of said tribe, their heirs or assigns:
Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the Secretary of the InteriorInventory to be taken of the unsold lands, and certain other property of the Ottawa Indians of Blanchard’s Fork and Roche de Bœuf.Vol. xii. p. 1238.Vol. xv. p. 518; be, and he is hereby, directed and required to have an inventory taken of all the lands and appurtenances thereto appertaining, remaining unsold, mentioned in the sixth article of the treaty between the United States and said tribe of Indians, concluded June twenty-fourth, anno Domini eighteen hundred and sixty-two, and proclaimed July twenty-eighth, eighteen hundred and sixty-two, or acquired, held, or controlled under authority conferred by said article, including any lands formerly trust-lands, belonging to said tribe, purchased and held by the trustees provided for in said article, including also any land acquired by the trustees of the Ottawa University under authority of the twentieth article of the treaty of July twenty-third, eighteen hundred and sixty-seven, between the United States and the Senecas, mixed Senecas, Shawnees, and other Indians, or in any other manner; together, also, with the section of land reserved under the provisions of said article of the treaty aforesaid for the location of a school and the appurtenances thereto appertaining; also, of all bonds, notes, mortgages, moneys, credits, assets, and other property arising from sales heretofore made of lands mentioned in the said sixth article of said treaty or from sale of lands purchased by the trustees provided for therein, or from any other source, and the said lands, premises, appurtenances, bonds, notes, mortgages,and appraisement thereof to be made. credits, and assets, and other property aforesaid shall be inventoried and appraised by three commissioners, who shall be appointed by the Secretary of the Interior.
After the inventory and appraisement of said lands, premises, appurtenances, bonds, notes, mortgages, moneys, credits, assets, and other property aforesaid as herein provided, the Secretary of the Interior shall be, and hereby is, authorized and required forthwith to take possession for the United States, advertise and sell the same upon such terms and conditions as he may prescribe: *Provided, however,* That such advertisement shall be inserted once in each week forSuch lands and property to be advertised for sale and sold;how advertised;mode of sale. four weeks successively, in a newspaper published and having general circulation in Franklin county, Kansas, and for the same length of time in the State paper of Kansas, published at the city of Topeka, State of Kansas: *And provided further,* That no bid shall be accepted which may be less than the appraised value of such premises and other property: *And provided further,* That said bonds, notes, mortgages, credits, personalNo one to purchase more than, &c. property, and assets shall be sold in separate parcels, and the lands shall be sold in parcels of not more than one hundred and sixty acres389FORTY-SECOND CONGRESS.
Sess. II. Ch. 430–432. 1872. each; and no purchaser shall be permitted to purchase more than one quarter section thereof. Upon the payment of the purchase-money ofPatents for purchasers. said lands upon the terms and conditions aforesaid, the Secretary of the Interior shall cause to be issued to the purchaser or purchasers patents for the same. Such lands and the whole thereof shall be subject to taxationLands to be subject to taxation in Kansas.Power of commissioners to appraise in making examinations as to said property. as other lands in the State of Kansas are taxable, notwithstanding any provisions of law heretofore existing.
The said commissioners are authorized to examine, under oath, any person or persons touching the property, credits, or assets hereinbefore mentioned, and to compel the production of such books, or other testimony as may pertain to the same; and for this purpose they are, and each of them is, hereby empowered to administer all necessary oaths, and the trustees acting under said sixth article of said treaty are hereby required upon demand, to account to said commissioners for all moneys, property, choses in action or assets, of any description that may be now, or at any time heretofore has been in their possession or under their control, and the trust created by virtue of said article is hereby discharged, vacated, and declared at an end; but nothing herein contained shall be so construed as to relieve the said trustees, or any of them, from any liability incurred in the management or disposition of said property or any part thereof.
The proceeds of suchProceeds of sales, how to be applied. sales shall be paid to the several members of the said tribe, their heirs or assigns, per capita; and in case any of the members of said tribe are minors, then such sums of money as are due or coming to them from such proceeds shall be paid to the guardian of such minors appointed under the laws of the State of Kansas. The commissioners to be appointedCompensation of commissioners; under the provisions of this act shall receive compensation for their services at the rate of five dollars for each day actually engaged in the duties herein designated, in addition to the amount paid by them for actual travel and other necessary expenses, and the said sums and expensesto be paid from sales. shall be paid out of the funds arising from the sales of the property herein provided to be disposed of.
Approved, June 10, 1872.