Page:United States Statutes at Large Volume 12.djvu/1245

 TREADY WITH THE POTTAWATOMIES. NOVEMBER 15, 1861. 1193 fieient to allow one section to each chief, one half section to each head- M ¤¤¢*¤l=l¤¤$•» man, and one hundred and sixty acres to each other head of a family, &°' and eighty acres of land to each other person, and said land shall be held by that portion of the tribe for whom it is set apart by the same tenure as the whole reserve has been held by all of said tribe under the treaty of one thousand eight hundred and forty-six. And upon such land being assigned in common, the persons to whom it is assigned shall be held to have relinquished all title to the lands assigned in severalty andin the proceeds of sales thereof whenever made. Anmxcna V. The Pottawatomies believing that the construction of The Leuventhe Leavenworth, Pawnee, and Western railroad from Leavenworth City "°”€v¢P"'“°°h to the western boundary of the former reserve of the Delawares is now ::51 mzsylgphilj rend··t·ed reasonably certain, and being desirous to have said railroad ex- ¢l¤¤S¤ ¤¤¤‘*¤l¤ tended through their reserve, in the direction of Fort Riley, so that the hud' value of the lands retained by them may be enhanced, and the means afforded them of getting the surplus product of their farms to market, it is provided that the Leavenworth, Pawnee, and Western Railroad Company shall have the privilege of buying the remainder of their lands within six months after the tracts herein otherwise disposed of shall have been selected and set apart, provided they purchase the whole Of.Sl.lCl1 surplus lands at the rate of one dollar and twenty-five cents per acre. Price. And if said company make such purchase it shall be subject to the considerations following, to wit: They shall construct and fully equip a Terms at pu good and efficient railmad from Leavenworth City to a point half-way °h”°· between the western boundary of the said former Delaware reserve and the western boundary of the said Pottawatomie reserve, (being the iirst section of said road,) within six years from the date of such purchase, and shall construct and fully equip such road from said last-named point to the western boundary of said Pottawatomie reserve, (being the second section of said road,) within three years from the date fixed for the com— pletion of said first section; and no patent or patents shall issue to said company or its assigns for any of said lands purchased until the first seotion of said railroad shall have been completed and equipped, and then for not more than. hall` of said lands, and no patent or patents shall issue to said company or it assigns for any of the remaining portion of said lands until said second section of said railroad shall have been completed and equipped as aforesaid; and before any patents shall issue for any part of said lands payment shall be made for the lands to be patented at the rate of one dollar and twenty-Eve cents per acre; and said company shall pay the whole amount of the purchase-money for said lands in gold or silver coin, to the Secretary of the Interior of the United States, in trust for said Pottawatomie Indians, within nine years from the date of such purchase, and shall also in like manner pay to the Secretary of the Interior of the United States, in trust as aforesaid, each and every year, until the whole purchase-money shall have been paid, interest from date _ 0i' purchase, at six per cent. per annum, on all the purchaseanoney remaining unpaid. _ _ And if said company shall fail to complete either 8EOE10D of such railroad in a good and eflicient manner, or shall fail to pay the vwhole of the purchase-money for said land within the times above prescribed, or shall fail to pay all or any part of the interest upon said purchase-money each year as aforesaid within thirty days from the date when such payment of interest shall fall due, then the contract or purchase shall be deemed and held absolutely null and void, and shall cease to be binding on either of the parties thereto, and said company and its assigns shall thrfeitlall pay- ments of principal and interest made on such purchase, and all right and title, legal and equitable, of any kind whatsoever, IH and to all and every part of said lands which shall not have been before the date of such forfeiture earned and patented pursuant to the provisions of this treaty.