Page:United States Statutes at Large Volume 36 Part 1.djvu/474

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450 SIXTY—FIRST CONGRESS. Sess. Ch. 260. 1910. ceeds der·ived from the sale of such lots and lands within the townsites as aforesaid, less the amount set aside to_ aid in the construction of schoolhouses or other public_ buildings or improvements, shall be credited to the Indians, as hereinafter provided. · {.’gfg”;°’},*;’§§,”·by W Sec. 4. That the price of said lands entered as homesteads under p¤·¤i~*>¤¤¢¤¤y· the provisions of this Act shall be fixed by appraisement, as herein °°mm*S°*°°°’°°°°d° provided. The President shall appoint a commission to consist of three persons to classify, appraise, and value all of said lands that shall not have been alloted in severalty to said Indians, or reserved by the Secretary of the Interior or otherwise disposed of, and except- ` sections sixteen and thirgy-six or other lands which malty be sudgzcted in lieu thereof by the tate of South Dakota, m each o said townships, said commission to be constituted as follows: _One resident citizen of the State of South Dakota one representative of the Interior De artment, and one erson holding tribal relations with

 said tribe of) Indians. That within twenty days after their appointment the said commissioners shall meet and organize by the election

p,§}§§'j,§’,lf,‘{_“§,'§,· ”" of one of their number as chairman. The said commissioners shall ` then proceed to personally inspect, classify, and appraise, in one hundred and sixty acre tracts each, all of the remaining unallotted lands embraced within that portion of the reservation described in section one of this Act. In making such classification and appraisement said lands shall be divided mto the following classes: First, m"“t°“°""‘°"‘ agricultural land of the first class; second, agricultural land of the second class; third, grazin land; fourth, timber land; fifth, mineral land, if any, but the miners and timber lands shall not be appraised: E,‘{,"§f§'§,,,,d,_ Provided, That timber lands may be classified without regard to d,§;;°"°° ‘°*’ '°‘ acreage: And provided further, That all lands classified as timber compepaguoumma, lands shall be reserved for the use of the Rosebud Indians. That °‘°°"“'““°“°'”‘ said commissioners shall be paid a salary of not to exceed ten dollars per day each while actually employed in the inspection, classification and appraisement of said lands, and necessary expenses exclusive of subsistence to be approved by the Secretary of the Interior, P°°'· P· ‘°”· such inspection, classification and appraisement to be completed within six months from the date of o anization of said commission. R°*“1‘°°”" Sec. 5, That said commission shall be governed by regulations prescribed by the Secretary of the Interior; and after the completion of the classification and appraisement of all of said lands the same shall be sublpct to the approval of the Secretar of the Interior. ch';§,"‘f,‘§',§§_ °‘ "'“` Sec. 6. That the price of said lands dis osed of under the homestead laws shall be paid in accordance with rules and regulations to be prescribed by the Secretary of the Interior upon the following terms: One-fifth of the purchase price to be paid in cash at the time of entry and the balance in five equal annual installments, to be paid in two, three, four, five, and six years, respectively, from and after F°"‘°““’°· the date of entry. In case any entryman fails to make the annual payments, or any of them, when due, all rights in and to the land covered by his entry shall cease, and an payments theretofore made shall be forfeited and the entry canceled? and the lands shall be again subject to entry under the rovisions of the homestead law at the §`g‘{f.’§,'§,;,,,,,,,_ appraised price thereof: Amllpromkled, That nothing in this Act shall R·S··¤¢<=-¤¤1.v- 42r prevent homestead settlers from cornmutin their entries under section twenty-three hundred and one, Revised Statutes, by paying for the land entered the appraised price, receiving credit for payments Fm md mm? previously made. In a dition to the price to be paid for the land, ,,0,,, °° the entryrnan shall pay the same fees and commissions at the time of commutation or final entry as now provided by law where the price of land is one dollar and twenty-five cents per acre, and when the entriman shall have complied with all the requirements and terms of the omestead laws as to settlement and residence and shall have