Chapter CXLIX. for the Belief of Settlers on the Osage Lands in the State of Kansas
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CHAP. CXLIX.— An Act for the Belief of Settlers on the Osage Lands in the State of Kansas.May 9, 1872. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* ThatOsage Indian trust, &c., lands in Kansas, except, &c., to be subject to sale to whom, for what and how.Claimants, when to file statements and make payments. the Osage Indian trpst and diminished reserve lands in the State of Kansas, excepting the sixteenth and thirty-sixth sections in each township, shall be subject to disposal, for cash only, to actual settlers, in quantities not exceeding one hundred and sixty acres, or one quarter-section to each, in compact form, in accordance with the general principles of the preemption laws, under the direction of the Commissioner of the General Land Office; *Provided,* That claimants sludl file their declaratory statements as prescribed in other cases upon unoffered lands, and shall pay for the tracts, respectively, settled upon within one year from date of settlement where the plat of survey is on file at that date, and within one year from the filing of the township plat in the district office where such plat is not on file at date of settlement.
Sec. 2. ThatActual settlers who have not paid for and entered their lands, when to file statements and make payments.1870, ch. 296, § 12.Vol. xvi. p. 362. any actual settler upon these lands who may have failed to pay for and enter the land settled upon by him under the act of July fifteenth, eighteen hundred and seventy, shall have three months from the date of tills act in which to file his declaratory statement, and shall be required to prove tip his claim and pay for the land before the first day of January, eighteen hundred and seventy-three.
And in case of failure of any party to comply with the provisions of this act, the land claimed by him or her shall be subject to the settlement and entry of any other quali-FORTY-SECOND CONGRESS. Sess. II. Ch. 149, 152. 1872.91fied person:Five per eent interest to be paid on what huiu and for what time.Settler, transferring claims prior to, &c., not precluded drum entering upon another tract, if, &c. *Provided,* That all the persons availing themselves of the provisions of this section shall be required to pay, and there shall he collected from them, at the time of making payment for their land, interest on the total amounts paid by them, respectively, at the rate of five per centum per annum, from the date at which they would have been required to make payment under the act of July fifteenth, eighteen hundred and seventy, until the date of actual payment: *Provided further,* That the twelfth section of said act of July sixteenth, eighteen hundred and seventy, is hereby so amended that the aggregate amount of the proceeds of sale received prior to the first day of March of each year shall be the amount upon which the payment of interest shall be based.
Sec. 3. ThatCertain restrictions of the preemption laws at t to apply. the sale or transfer of his or her claim upon any portion of these lands by any settler prior to the issue of the commissioner’s instructions of April twenty-sixth, eighteen hundred and seventy-one, shall not operate to preclude the right of entry, under the provisious of this act, upon another tract settled upon subsequent to such sale or transfer: *Provided,* That satisfactory proof of good faith be furnished upon such subsequent settlement: *Provided further,* That the restrictions of the preemption laws relating to previous enjoymeut of the preemption right, to removal from one’s own land in the same State, or the ownership of over three hundred and twenty acres, shall not apply to any settler actually residing on liis or her claim at the date of the passage of this act.
Approved, May 9, 1872.