FIFTIETH CONGRESS. Sess. II. CHS. 390, 391. 1889. 87l where the soldier has received none; and he shall be restored to all his rights as to pension, pay, or allowances as if the charge of desertion had never been made; and in case of the death of said soldier, Pension. erc.,c1z.:ms. his widow or other legal heir shall be entitled to the same rights as in case of other deceased honorably discharged soldiers; Provided, Prov.·i.so. That this act shall not be construed to give to any soldier, or his N°*’*"""h”"“"S"”‘· legal representatives or heir, any pay or allowance for any period of time he was absent without leave, and not in the performance of military duty. Sec. 9. That all applications for relief under this act shall be made cmms to be nled to and filed with the Secretary of War within the period of three }`,lf},‘f‘ju{}?‘,°*Q8,§““"S years from and after July nrst, eighteen hundred and eighty nine, and i ` all applications not so made and filed within said term of three years shall e forever barred, and shall not be received or considered. Sec. 10. That all acts and'parts of acts inconsistent with the pro- aspen. visions of this act are hereby repealed. Approved, March 2, 1889. CHAP. 391.-An act to provide for the sale of lands patented to certain members March 2, 1880. of the Flathead band of Indians in Montana Territory, and for other purposes. ··—·—····—— Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary num nlm Valley. of the Interior, with the consent of the Indians severally. to whom M§',§§é Ofmds assign, patents have been issued for lands assigned to them in the Bitter Root ed tv Indians- Talley, in Montana Territory, under the rovisions of an act of Congress approved June fifth, eighteen hundred and Sex-€¤ty-twO,€¤t1- V¤1.17,p.22r. tled "An act to provide for the removal of the Flathead and other` Indians from the Bitter Root Valley, in the Territory of Montana" or the heirs at law of such Indians, be, and he hereby is, authorized to cause to be appraised and sold, in tracts not exceeding one hundred and sixty acres, all the lands allotted and patented to said Indians; said lands shall be appraised as if in astate of nature, but the enhanced value thereof, by virtue of the settlement and improvement of the surrounding country, shall be considered in ascertaining thei1· value; Provided, That the improvements thereon shall be a praised {’»‘<>¤;i¤c. separate and distinct from land: Provided, further, That wlliere any ""°""°""`""‘ such patentee has died leaving no heirs, the lands and improvements __1>»¤m or puteutee of such deceased patentee shall be appraised and sold in like manner """"“' ‘“"'“· for the common benefit of the tribe to which said oatentee belonged. Sec. 2. That after the ap uaisement herein authorized shall have no ¤y··_ ml m im been completed. and after due notice, the Secretary of the Interior “°"’““°'“‘ shall offer said lands for sale through the proper land-oflice. in tracts not exceeding one hundred and sixty acres, xx hich shall be the limit of the amount any one person shall be allowed to purchase, except in cases, if any, where a tract contains a fractional excess over one hundred and sixty acres to the highest bidder; Provided. That no €»_·¤;·i»·»-s. portion of said lands shall be sold at less than the appraised value ‘ """""“l`"’ ‘ thereof; Provided, That the said Secretary may dispose of the same Terms of we on the following terms as to payment. that is_to say, one-third of the price of any tract of land sole unter the provisions of this act to be paid by the purchaser on the day of sale. one third in one year. and one-third in two vears from said date. with interest on the deferred iayinents at the rate of five per ceutum per annum; but in case of default in either of said payments, or the interest thereon. the person so defaulting for a ieriod of sixty days shall forfeit absolute y the right to theltract which he has purchased. with any payment or pay- ments he mav have made; and the land thus forfeited shall again be sold as in theltirst instance: Pro vided further, That before the second
