Chapter 207. to provide for town site entries of lands in what is known as “Oklahoma,” and for other purposes
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CHAP. 207.— An Act to provide for town site entries of lands in what is known as “Oklahoma,” and for other purposes.May 14, 1890. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Oklahoma Territory.Public lands that may he entered for town sites, etc. That so much of the public lauds situate in the Territory of Oklahoma, now open to settlement, as may be necessary to embrace all the legal subdivisions covered by actual occupancy for purposes of trade and business, not exceeding twelve hundred and eighty acres in each case, may beLimitation.Use, etc.Appointment of trustees.Making entry.[R.
S., sec. 2387, p. 437](/us/rs/t/s2387/p437). entered as town-sites, for the several use and benefit of the occupants thereof, by three trustees to be appointed by the Secretary of the Interior for that purpose, such entry to be made under the provisions of section twenty-three hundred and eighty-seven of the Revised Statutes as near as may be; and when such entry shall have been made, the Secretary of the Interior shall provide regulationsRegulations governing trust. for the proper execution of the trust, by such trustees including the survey of the land into streets, alleys, squares, blocks, and lots when necessary, or the approval of such survey as may already have been made by the inhabitants thereof, the assessment upon the lots ofAssessment upon lots. such sum as may be necessary to pay for the lands embraced in such town-site, costs of survey, conveyance of lots, and other necessaryCompensation of trustees, etc.*Proviso*.One board of trustees may enter more than one town site. expenses, including compensation of trustees: *Provided*, That the Secretary of the Interior may when practicable cause more than one town site to be entered and the trust thereby created executed in the manner herein provided by a single board of trustees, but not more than seven boards of trustees in all shall be appointed for said Territory,Limitation.Political equilibrium. and no more than two members of any of said boards shall be appointed from one political party.
Sec. 2. That in the execution of such trust, and for the purposeConveyance of title. of the conveyance of title by said trustees, any certificate or other paper evidence of claim duly issued by the authority recognized forEvidence of claim of occupancy. such purpose by the people residing upon any town site the subject of entry hereunder, shall be, taken as evidence of the occupancy by the holder thereof of the lot or lots therein described, except that where there is an adverse claim to said property such certificate shallWhere adverse claim only prima facie. only be prima facie evidence of the claim of occupancy of the holder: *Provided*, That nothing in this act contained shall be so construed*Provisos*.No validity to claims now invalid. as to make valid any claim now invalid of those who entered upon and occupied said lands in violation of the laws of the United States or the proclamation of the President thereunder: *Provided further*, That the certificates hereinbefore mentioned shall not be taken asCertificates not evidence in favor of claimants who violated law, etc., by entry. evidence in favor of any person claiming lots who entered upon said lots in violation of law or the proclamation of the President thereunder.
Sec. 3. That lots of land occupied by any religious organization,Church lots. incorporated or otherwise, conforming to the approved survey within the limits of such town-site, shall be conveyed to or in trust for the same. Sec. 4. That all lots not disposed of as hereinbefore provided forSale of remaining lots. shall be sold under the direction of the Secretary of the Interior for the benefit of the municipal government of any such town, or the same or any part thereof may be reserved for public use as sites forOr reserved for public use. public buildings, or for the purpose of parks, if in the judgment of the Secretary such reservation would be for the public interest, and the Secretary shall execute proper conveyances to carry out the provisions of this section.
Sec. 5. That the provisions of sections four, five, six and seven,Kansas town-site law to govern trustees. of an act of the legislature of the State Kansas, entitled “An act relating to town-sites,” approved March second, eighteen hundred and sixty-eight, shall, so far as applicable, govern the trustees in the performance of their duties hereunder. 110FIFTY-FIRST CONGRESS. Sess. I. Chs. 207-209. 1890. Sec. 6. Pending entries to have preference, etc. That all entries of town-sites now pending on application hereafter made under this act, shall have preference at the local Speedy determination.Appeals.land office of the ordinary business of the office and shall be determined as speedily as possible, and if an appeal shall be taken from the decision of the local office in any such case to the Commissioner Made special, etc.of the General Land Office, the same shall be made special, and disposed of by him as expeditiously as the duties of his office will permit, and so if an appeal should be taken to the Secretary of the Pending applications.Interior, And all applications heretofore filed in the proper land office shall have the same force and effect as if made under the provisions of this act, and upon the application of the trustees herein Prosecuted to final Issue.provided for, such entries shall be prosecuted to final issue in the names of such trustees, without other formality and when final entry is made the title of the United States to the land covered by such Conveyance of title.entry shall be conveyed to said trustees for the uses and purposes herein provided.
Sec. 7. Trustees.Powers etc.Record of proceedings, etc. That the trustees appointed under this act shall have the power to administer oaths, to hear and determine all controversies arising in the execution of this act shall keep a record of their proceedings, which shall, with all papers filed with them and all evidence of their official acts, except conveyances, be filed in the General Land Office and become part of the records of the same, and Acknowledgments of conveyances.all conveyances executed by them shall be acknowledged before an officer duly authorized for that purpose. .
They shall be allowed such Compensation.compensation as the Secretary of the Interior may prescribe, not exceeding ten dollars per day while actually employed; and such Expenses.Clerical force.traveling and other necessary expenses as the Secretary may authorize and the Secretary of the Interior shall also provide them with necessary clerical force by detail or otherwise. Sec. 8. Appropriation. That the sum of ten thousand dollars or so much thereof as may be necessary is hereby appropriated to carry into effect the Restriction.provisions of this act, except that no portion of said sum shall be used in making payment for land entered hereunder, and the Refund of disbursements.disbursements therefrom shall be refunded to the Treasury from the sums which may be realized from the assessments made to defray the expense of carrying out the provisions of this act.
Approved, May 14, 1890.