Page:United States Statutes at Large Volume 21.djvu/174

 144 FORTYSIXTH CONGRESS. Sess. II. 011. 107. 1880. - diminished reserve in Kansaslslany failure to com ply with such existing laws notwithstanding) l““d*‘» K““““·°» .60 shall be owed sixty days after a day to be fixed by public notice by dfm t° mmbhsh advertisement in two newspapers in each of the proper land districts, 0 mms` which day shall not be later than ninety days after the passage of this act, within which to make proof of their claims, and to pay one fourth the purchase price thereof, and the said parties shall pay the balance of said p,·m,g,·,,,_ purchase price in three equal annual installments thereafter: Provvded, That nothing herein contained shall be construed to prevent an earlier payment of the whole or any installment of said purchase money as aforesaid. Default in pay- And if default be made by any settler in the payment of any portion m¤¤° =¤ f°*f°l*-um- or installment at the time it becomes due under the foregoing provisions, his entire claim, and any money he may have paid thereon, shall be Land resold. forfeited, and the land shall, after proper notice, be offered for sale according to the terms hereinafter prescribed unless before the day fixed for such offering, tho whole amount of purchase money shall be paid by said claimant, so as to entitle him to receive his patent for the tract' embracing his claim. Pre-emption. Sec. 2. Th at all the said Indian lands remainingunsold and unappropriated and not embraced in the claims provided for in section one of this act, shall be subject to disposal to actual settlers only, having the qualifications of pre-emptors on the public lands. Such settlers shall make due application to the register with proof of settlement and qualifications as aforesaid; and, upon payment of not less than one-fourth the pluchaseprice shall be permitted to enter not exceeding one quarter section each, the balance to be paid in three equal installments, with like penalties, liabilities and restrictions as to default and forfeiture as provided in section one of this act. Sales ln default SEO. 3. All lands upon which such default has continued for ninety of payment- days shall be placed upon a list, and the Secretary of the Interior shall cause the same to be duly proclaimed for sale in the manner prescribed for the oiiering of the public lands, but not exceeding one quarter section shall be sold to any one purchaser, at a price not less than the price fixed by law, but such lands, upon which such default shall be made, shall be offered for sale by advertisement of not less than thirty days in two newspapers in the proper land districts respectively and unless the purchase price be fully paid before the day named in the notice, shall be sold for cash to the highest bidder at not less than the price iixed by law. And all such lands, subject to unpaid overdue installments, shall be so oilered once every year. And if any of said lands shall remain unsold after the offering as aforesaid, they shall be subject to private entry, for cash in tracts not exceeding one quarter section by one purchaser. - Taxation. Sec. 4. After the payment of the flrst installment as hereinafter provided for, such lands shall be subject to taxation according to the laws of the State of Kansas as other lands are or ma be in said State: Proviao. Provided, That no sale of any such lands for taxes shall operate to deprive the United States, of said lands, or any part of the purchase-price thereof,. but if default be made in any installment of the purchase-price as aforesaid, such tax sale purchaser, or his or her legal representatives, may, upon the day fixed for the public sale, and after such default has become nnal, under the foregoing provisions, pay so much of said purchase-price as may remain unpaid, and shall thereupon be entitled to receive a patent Proviso. for the same as though he had made due settlement thereon: And provided further, That nothing in this act shall be so construed as to deprive or impair the right of the settler, of the right of redemption under the revenue laws of the State of Kansas. ’ Em tp register Sec. 5. That the register and the receiver shall be allowed the same °” *`°°°“’°’· fees and commissions as are allowed by law for the disposal of the public lands, and the net proceeds of the sales and disposals after deducting Secretary of In- the expenses of such disposals, shall be deposited to the credit of the terrier to make proper Indian fund, as provided by existing laws; and the Secretary of