Page:United States Statutes at Large Volume 33 Part 1.djvu/392

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304 FIFTY-EIGHTH CONGRESS. Sess. II. Ch. 1495. 1904. S°l°?“°¤ of S°’*°°‘ of Montana for school u1 ses. And in case either of said sections igiiiiihriiiihrigdinds or parts thereof is lost to dg said Stage of ll/IOl’1iZ8.};1Hi (py realson of allotments thereof to an Indian or n ians now o in the same, or . otherwise, the goverriyor of said State, with the approv§ of the Secretary of the Interior, is hereby authorized, in the tract under consideration, to locate other lands not occupied, not exceeding two sections in any one township, and such selections shall be made {prior to the QQ§’°,O be paid o ning of such lands to settlement: Provided, That the nited States Indiana sh);]] pay to said Indians for the lands in said sections sixteen and thirty-six, or the lands selected in lieu thereof, the sum of one dollar and twentv-live cents er acre. mgffing ‘° ***1* Sec. 9. That said lairids shall be opened to settlement and entry by - proclamation of Ehc President, wlhiplh procliimaition shail prepcgibe the time when an the manner in w ic t cse an s may e sett e upon, occupied, and entered by persons entitled to make entry thereof, and no dperson shall be permitted to settle upon, occupy, or enter any of

 . hw of said lands, except as prescribed in such proclamation: Pmvzded, That

soldiers aniig mum the rights of honorably discharged Union soldiers and sailors of the "“`}{j}f",},‘f°,§l8,»,_ late civil and the Spanish wars, as dehned and described in sections K S-·¤*=¤&2=’¤*4,¤¤6» twenty-three hundred and four and twenty-three hundred and five of p' m the Revised Statutes, as amended bv the Act of March first, nineteen P¤Y¤°¤'·¤· hundred and one, shall not be abridged: Provided further, That the price of said lands shall be the a praised value thereof, as fixed by the said commission, but settlers undier the homestead law who shall reside · upon and, cultivate the land entered in good faith for the period required by existing law shall pay one-third of the appraised value in cash at the time of entry, and the remainder in five equal annual installments to be paid one, two, three, four, and five years, respec- P¤*°¤*· tively, from and after the date of entry, and shall be entitled to a patent for the lands so entered upon the payment to the local land officers of said five annual payments, and in addition thereto the same fees and commissions at the time of commutation or final entry as now provided by law where the price of the land is one dollar and twenty- five cents per acre, and no other and further char e of any kind Mmmm yvhal£s1oey{er(shall be geqpirled of tsuch lsiellstlem eplfiftleiiim to a patent · or e an covere y is en ry: om , a 1 an * entr man fails to make such payments, or any of them, within the ihuie sliated, ’ all rights in and to the land covered by his or her entry shall at once cease, and any payments theretofore made shall be forfeited, and the 6u’{j§8’;‘n,}fuf,‘;‘g';'dY‘° entry shall be forfeited and canceled: And provided, That nothing in this Act shall prevent homestead settlers from commuting their entries R-¤·.¤¢<··¤¤1.v· -421- under section twenty-three hundred and one, Revised Statutes, bv pay- ing for the land entered the price fixed by said commission, receiving _ credit for payments previously made. . m*gj_“°”'l ******1 °‘*· lu. That onlyilmingral entry msy pe made on such of said lands as said commission s a esignate an c assify as mineral under the general provisions of the mining laws of the United States, and mineral entry may also be made on any of said lands whether designated by said commission as_mineral lands or otherwise, such classification by said commission being only prima facie evidence of the mineral or {,°§g”§f,‘fi,,n,_ nonmineral character of the same: R·m·2`ded, That no such mineral yoegrtions shall be permitted upon any lands allotted in severalty to an n ian.

    • ¤*·¤~f¤¤=¤¤r¤¤¤¤¤- _Sec. 11. {That; atl og linéds regurngdl and classified by said commission as im r an s s a e so un is sed of by the `ecr ·

of the Interior under sealed bids to the highggt bidderlfor cgsh hifi; public auction, as the Secretary of the Interior may determine, under such rules and regulations as he may prescribe. ‘ L §$j§’g;*j§gg-C ml, Sec. 12. That the President may reserve and except from said lands gms orgmnmious. not to exceed nine hundred and sixty acres for Catholic mission schools,