Page:United States Statutes at Large Volume 13.djvu/654

 626 TREATY WITH THE KICQKAPOO INDIANS. JUNE 28, 1862. to pay the whole of the purchase—m0ney for said lands within the time herein prescribed, or shall fail to pay all or any part of the interest upon the same each year as aforesaid, within thirty days from the date when such Sec page 21. 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 hereto, and said company or its assigns shall for— feit all payments of principal and interest made on such purchase, and all right and title, legal and equitable, of any kind whatsoever, in and to all and every part. of said lands which shall not have been before the date of such forfeiture earned and paid for pursuant be the provisions of this pmms eg cm. treaty. And whenever any patents shall issue to said railroad company 229 Whu °°¤· for any part of said lands, it shall contain the condition that the said com- ` mm' pany shall sell the lands described in such patent, except so much as shall be necessary for the working of the road, within five years from the issuing of such patent. And said company shall have the perpetual right of way over the lands of the Kickapoos not sold toit for the construction and operation of said railroad, not exceeding one hundred feet in width, and the right to enter on said lands and take and use such gravel, stone, earth, water, and other material, except timber, as may be necessary for the construction and operation of the said road, making compensation for any damages to improvements caused by obtaining such material, and for any damages arising from the location or running of said road, to improvements made before the road was located; such damages and compensation, in cases where said company and the persons whose improvements are injured or the property taken cannot agree, to be ascertained and adjusted under the direction of the Commissioner of Indian Aiihirs. And in case said company shall not promptly pay the amount oflsuch damages and compensation, the Secretary of the Interior may withhold patents for any part of the lands purchased by them until payment be made of the amount of such damages, with six per cent. interest thereon from the date when the same shall have been ascertained and demanded; and in case said company shall not purchase said surplus lands, or having purchased, shall forfeit the whole or any part thereof, the Secretary of the Interior shall thereupon cause the same to be appraised at npt less than one dollar and twenty-five cents per acre, and shall sell the same in quantities not exceeding one hundred and sixty acres at auction, to the highest bidder for cash, at not less than [the] appraised value: Provided, howwer, In case any of said lands have been conveyed to bona fide purchasers by said railroad company, such purchasers shall be entitled to a patent for said lands so purchased by them on payment of one dollar and twenty-five cents per acre therefor, under such rules and regulations as may be prescribed by the Secretary of the Interior. On the purchase of said lands by the said railroad company the same shall become a part of the state of Kansas, but none of said lands shall be subject to taxation until the patents have been issued therefor. Statement of ARTICLE VII. The Kickapoos having heretofore negotiated treaties h.m;Bg?hud of which they claim have not been Fully complied with, it is hereby provided amounts received that. a correct statement of the amount that was agreed to be paid by any t° b° ““‘d°’ and all treaty stipulations, of all the treaties heretofore made, and also of 58.; page 21, all amounts received by said tribe by virtue of such treaty stipulations, shall be made under the direction of the Commissioner of Indian Affairs; and in case any amount shall be found due or unpaid to said Indians, the same, together with all annuities which have not heretofore been kept up and paid, shall now be paid up in full to said tribe, together with all the interest thereupon. Dwelling-house ARTIGLE VIII. For the purpose of comfortably establishing the Kick- §°,$,;;y_€ ° the agent of said tribe, upon the ratification of this treaty, shall cause See page 21.
 * E*§l?:”£“§gé‘§ with the United States containing various stipulations in their behalf;
 * ° if §“;°d*°‘§_*b¤‘ apoo Tribe of Indians upon the lands bn be assigned to them in severalty,