Page:United States Statutes at Large Volume 33 Part 2.djvu/1059

2355 United States, and shall be opened to settlement and entry by proclamation of the President, which proclamation shall prescribe the manner in which these lands may be settled upon, occupied, and entered by persons entitled to make entry thereof; and no person shall be permitted to settle upon, occupy, or enter any of said lands, except as prescribed in such proclamation, until after the expiration of sixty days from the time when the same are opened to settlement and entry: Provided, That PF°"·*°· . the rights of honorably discharged Union soldiers and sailors of the late civil and ,,,,*},‘$ii‘,,,‘f‘ S01d1m the Spanish war or Philippine insurrection, as defined and described in sections R. s., sec. 2304, 2305 twenty-three hundred and four and twenty-three hundred and five of the Revised P- 422- Statutes, as amended by the Act of March first, nineteen hundred and one, shall not V°l· SL P· 8*7- be abridged; And prow·ided_further, That the price of said lands entered as homesteads H°m°S*"**d 9****9*- under the provisions of this Act shall be as follows: Upon all lands entered or filed upon within three months after the same shall be opened for settlement and entry, four dollars per acre, to be paid as follows: One dollar per acre when entry is made; P“Ym°““· seventy-five cents per acre within two years after entry; seventy-five cents per acre within three years after entry; seventy-five cents per acre within four years after entry, and seventy-five cents per acre within six months after the expiration of five years after entry. And upon all land entered or tiled upon after the expiration of three months and within six months after the same shall be opened for settlement and entry, three dollars per acre, to be paid as follows: One dollar per acre when entry is made; fifty cents per acre within two years after entry; fifty cents per acre within three years after entry; fifty cents per acre within four years after entry, and fifty cents per acre within six months after the expiration of five years after entry. After the expiration of six months after the same shall be opened for settlement and entry the price shall be two dollars and fifty cents per acre, to be paid as follows: Seventy-five cents when entr is made; fifty cents per acre within two years after entry; fifty cents per acre within three years after entry; fifty cents per acre within four years after entry, and twenty-five cents per acre within six months after the expiration of five years after entry: Provided, That in case any entryman fails to For-teiture on tailmake such pa ment or any of them within the time stated all rights in and to the “’° *0 WY- land covered by his or her entry shall at once cease, and any payments theretofore made shall be forfeited, and the entry shall be forfeited and held for cancellation and the same shall he canceled: And prmrided, That nothing in this Act shall prevent Commuwtiou. homestead settlers from commuting their entries under section twenty-three hundred R·S·*“°°·23°I- P·*2]· and one, Revised Statutes, by paying for the land entered the price fixed herein, receiving credit for payments previously made. In addition to the price to be paid Fees. for the land, the entryman shall pay the same fees and commissions at the time of commutation or final entry, as now provided by law, where the rice of the land is one_dollar and twenty-five cents per acre; And provided further, That all lands herein Sale of undispcsed ceded and opened to settlement under this Act, remaining undisposed of at the l‘“‘d’· expiration of four years from the taking effect of this act, shall be sold and disposed of for cash, under rules and r lations to be prescribed by the Secretary of the Interior, not more than six hunigfled and forty acres to any one purchaser.

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Sec. 4. That sections sixteen and thirty-six of the lands herebv acquired in each P*;Ym°¤* W Schwtownship shall not be subject to entry, but shall be reserved for the use of the com- s°§‘,,'Q;ls,,_ 25,, mon schools and paid for by the United States at two dollars and fifty cents per ’ acre, and the same are hereby granted to the State of South Dakota for such purpose; and in case an of said sections, or parts thereof, of the land in said county of Gregory are lost to sai<f,State of South Dakota by reason of allotments thereof to any Indian or Indians, now holding the same, or otherwise, the governor of said State, with the approval of the Secretary of the Interior, is hereby authorized, in the tract herein ceded, to locate other lands not occupied not exceeding two sections in any one township, which shall be paid for by the United States as herein provided in quantity equal to the loss, and such selections shall be made prior to the opening of such lands to settlement.

, all of the conditions required by law to be performed rior to the opening of said tracts of land to settlement and entry have been, as I hereby declare, duly performed:

, I,, President Rbagdg Rcidegi Fon of the United States of America, by virtue of the power vested in me by s,°n`.,£T_ 0,,$;f’{.§Z}l`€f,¢ law, do hereby declare and make known that all of the lands so as afore- August S~ *9***- said ceded by the Sioux tribe of Indians of the Rosebud Reservation, saving and excepting sections sixteeen and thirty-six in each township, and all lands located or selected by the State of South Dakota as indemnity school or educational lands. and saving and excepting the NVQ; of the NE} and the Ee of the NW} of Sec. 25, T. 96 N., R. 72 W., of the 5th P. M., which is hereby reserved for use as a sub-issue station; and the NE;} of the SW} of Sec. 23, T. 96 N., R. 72 W., of the 5th P. M., which is hereby reserved for use as an Indian daylschool; and saving and excepting the N1} of the NEl of Sec. 25, T. 95 ., R. 71 W.,