Page:United States Statutes at Large Volume 33 Part 2.djvu/1072

2368 [No. 32.]

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by an fijggmblgig agreement hetween the Sisseton, Wahpeton, and Cutt ’p`Head bands of the Sioux tr1be of Indians on the Devils Lake Reservation, in the State of North Dahota, on the one part, and James McLaughlin, a United States Indian Inspector, on the other part, amended and ratified by act of Congress: approved april 27, 1904 (Public No. 179), the said bands of the said Indian tribe ceded, conveyed, transferred, relinquished, and surrendered, forever and absolute], without any reservation whatsoever, expressed or imphed, unto the dnited States of America, all their olmm, title, and mterest of every kind and character in and to the unallotted lands embraced in the following-described tract of country now in the State of North Dakota, to wit:

L¤¤•}S l.°°d°d by All that part of the Devils Lake Indian Reservation now remaining unallotted, Si°“x Hincludin the tract of land at present known as the Fort Totten Military Reserve `t tedg 'tlth be ndaries of the said Dev'] Lake Indian Reserv t' n and be' , sxua winn e u is aio, mg a part thereof; except six thousand one hundred nncn sixty acres required for allotments to sixty-one Indians o said reservation entitle to al otments.

The unallotted and unreserved land to be disposed of hereunder approximates 88,000 acres.

, in pursuance of said act of Congress ratifying the agreement named, the lands necessaréy for church, mission, and agency purposes, and for the Fort Totten In ian school, and for a public park, are by this proclamation, as hereinafter appears, reserved for such purposes, respectively:

, in the act of Congress ratifying the said agreement, it is provided:

. 4.That the lands ceded to the United States under said agreement, including and the Fort Totten abandoned military reservation, which are exclusive of six thousand one hundred and sixty acres which are required for allotments, excepting sections sixteen and thirty-six or an equivalent of two sections in each township, and such tracts as may be reserved by the President as hereinafter provided, shall be disposed of under the general provisions of the homestead and townsite laws of the 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 the rights of honorably discharged Union soldiers and sailors of the late civil and the Spanish war, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes, as amended by the Act of March first, nineteen hundred and one, shall not be abridged: And provided further, That the price of said lands entered under the provisions of this Act shall be four dollars and fifty cents per acre, payable as follows: One dollar and fifty cents when the entry is made, and the remainder in annual installments of fifty cents per acre until paid for: Provided further, That in case any entryman fails to make such payments, or any of them; within the time stated, all rights in and to the land covered by his or her entry shall at once cease, and any payments theretofore made shall be forfeited and the entry shall be canceled: And provided further, That the lands embraced within such canceled entry shall, after the cancellation of such entry, be subject to entry under the provisions of the homestead law at four dollars and fifty cents per acre up to and until provision may be made for the disposition of said land by proclamation of the President as hereinafter provided; And provided further, That nothing in this Act shall prevent homestead setters from commuting their entries under section twenty-three hundred 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 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 price of the land is one dollar and twenty-five cents per acre: And provided further, That aliens who have declared their intention to become citizens of the United States may become purchasers under this Act, but