Page:United States Statutes at Large Volume 14.djvu/825

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TREATY WITH THE DELAWARE INDIANS. JULY 4, 1866. 7 95 them in the Indian country, and protection from hostile Indians and internal strife and civil war, and a full and just participation in any general council or' territorial government that may be established for the nations and tribes residing in said Indian country. Aimcna VI. It is agreed that the proceeds of the sale of the Dela- Proceeds or ware lands herein provided for shall be paid to said Indians in the man- %'g°“a{’({ l;“3f°*° per following, to wit: Whenever the Department of the Interior shall be ;¤£,,m,,_¤qh°w, notified by the council, through the agent, that any of the Delawares who hold land in severalty are ready to remove, at the same time describing their allotments, there shall be paid to each such person the value of his allotment, and that of his family, to enable him to remove to and improve his new home, provided the money for the said allotment shall have been paid to the Secretary of the Interior; and while said money, or any part thereof, shall remain in the treasury of the United States, the Delawares shall be entitled to recefive interest on the amount so retained at the rate of five (5) per cent per annum. And the residue of the proceeds of the sale of the Delaware lands, being those which have not been allotted, or which have once been allotted, but have been abandoned by the allottees, shall be added to the general fund of the Delawares, interest thereon to be paid to the Indians in the same manner as is now provided in regard to that fund. Ammon: VII. Within thirty days after the ratification of this treaty P¤¤‘¤l¤¤¤¤ ¤*` it shall be the duty of the Secretary of the Interior to give the said Mis- I§{£‘° souri River Railroad Company notice that he is authorized to contract Railroad Comwith them or other responsible party or parties for the sale of said lands P““Y· on the terms specified in this treaty, indicating the approximate quantity thereof; and within twenty days after receiving said notice at their usual place of doing business in the State of Kansas it shall be competent for said company to elect to make the purchase, by filing with the said` Secretary their bond, with approved security, in double the amount proposed to be paid by them {br the whole of said lands, guaranteeing that they will purchase all of the lands to be sold under the provisions of this treaty, and that they will pay for them in accordance with the terms thereof And upon the filing of a satisfactory bond as above provided by said company, the contract for such purchase shall be concluded by the said Secretary with said Missouri River Railroad Company, at not less than two dollars and fifty cents per acre for the whole of the lands herein provided to be sold: Provided, however, That if said railroad company IQ g¤¤· l¤¤d shall not within the twenty days above limited file its bond for the pur- gQ:lm_° °°ld °° chase as herein prescribed, the Secretary of the Interior may at the expiration of that time accept any offer for the whole of said lands in one body, at not less than two dollars and fifty cents per acre, from any other responsible parties; but no offer shall be considered from other parties than said Missouri River Railroad Company, unless accompanied by a certificate of deposit in the First National Bank of the city of Washington, D. C., to the credit of the said Secretary, for an amount equal to ten per cent of the aggregate value of the land at_the price proposed, to be forfeited for the use of the Delawares if the sale should be awarded to said person or corporation so proposing to purchase the lands, and said party should fail to make payment as hereinafter provided. Aarremc VIII. That within sixty days alter the sale of said land P¤ym•¤t=.Wh•¤ shall have been effected, the purchaser shall pay to the said Secretary, in. t°b° m°‘d°' trust for the Delawares, the stipulated price of said unallotted lands, with the appraised value of improvements thereon, excepting therefrom the mill reservation, and the quarter sections upon which the council-house and blacksmith shops are built, the use of which shall be retained until the final removal of the Delawares, and for which payment shall not be required from the purchaser until possession is delivered; and from time to time thereafter, as often as the Secretary of the Interior shall notify