Page:United States Statutes at Large Volume 32 Part 1.djvu/788

 722 FIFTY-SEVENTH CONGRESS. Sess. 1. Ch. 1375. 1902. general su erintendent of Indian schools in the indianTerritory, before pa ment thereof is made. m§j_°"‘*'*· °‘Pl‘"“ Sec. 36. The interest arising from the Cherokee orphan fund shall be used, under the direction of the Secretaxgyhof the Interior, for mamtaining the Cherokee Orphan Asylnmm for e benefit of the Cherokee orphan children. norms. “°“°"· Sec. 37. Public highways or roads two rods in width, being one rod on each side of the section line, may be established along al section lines without any compensation being paid therefor, and all allottees, purchasers, and others shall take the title to such lands subgect to this provision; and public highways or roads may be established elsewhere whenever necessary for the public good, the actual value of the land taken elsewhere than along section lines to be determined under the direction of the Secretary of the Interior while the tribal government continues and to be paid by the Cherokee Nation during that time; and if buildings or other improvements are damaged in consequence of the establishment of such public highways or roads, whether along section lines or elsewhere, such damages, during the continuance of the tribal government, shall be determined an paid for in the same manner. ·rowN sims. T<>w¤ Mm- Sec. 38. The lands which may hereafter be set aside and reserved for town sites upon the recommendation of the Dawes Commission under V¤¤- 3r P- W'- the provisions of the Act of Congress approved May thirty-first, nineteen hundred (Thirty-first Statutes, pazge two hundred and twenty-oengg shall embrace such acreage as may necessary for the present n and reasonable prospective growth of such town sites, not to exceed six hundred and forty acres for each town site. °°°“Pi°‘"°"”'“°'· Sec. 39. Whenever any tract of. land shall be set aside by the Secretary of the Interior for town-site (purposes, as provided in said Act of May thirty—1irst, nineteen hundre, or by the terms of this Act, which is occupied at the time of such segre tion by any member of the Cherokee Nation, such occupant shall hl: allowed to purchase any lot upon which he then has improvements other than fences, tillage, and V¤1·S¤.p·5¤6· temporary improvements, in accordance with the provisions of the Act of June twenty-eighth, eighteen hundred and mnet -eight (Thirtieth Statutes, page four hundred and ninety-five), or, ity he so elects, the lot will be sold under rules and regulations to be prescribed by the C¤¤¤ye¤¤¢i¤¤¢<·<>¢- Secretary of the Interior, and he shall be fully compensated for his °°°°"improvements thereon out of the funds of the tribe arising from the sale of the town sites, the value of such improvements to be determined by a board of appraisers, one member of which shall be appointed by the Secretary of the Interior, one by the chief executive of the tribe, and one by the occupant of the land, said board of appraisers to be paid suc compensation for their services as may be determined by the Secretary of the Interior out of any appropriations for surveying, laying out, platting, and selling town sites. ¤¤¤¤r.¤¢¤- Sec. 40. All town sites which may hereafter be set aside by the Secretan `of the Interior on the recommendation of the Commission to Vol. sx, p. M the lilive Civilized Tribes, under the provisions of the Act of Congress approved May thirty-first, nineteen hundred (Thirty-first Statutes page two hundred and twenty-one), with the additional acreage added thereto, as well as all town sites set aside under the rovisions of this Act having a population of less than two hundred, shall be surveved, laid out, platted, appraised, and disposed of in like manner, and with like preference rig ts accorded to owners of improvements as other town sites in the Cherokee Nation are surveyed, laid out, platted,