Page:United States Statutes at Large Volume 35 Part 1.djvu/581

 SIXTIETH CONGRESS. Sess. I. Ch. 237. 1908. 563 Sec. 13. That nothing in this Act contained shall in an manner ,h§Q}*,{§g%°ggQ;§’Y°* bind the United States to purchase any part of the land herein described, ' except sections sixteen and thirty-six, or the equivalent in each township, that may be granted to the State of Montana, the reserved tracts hereinbefore mentioned for agency and school purposes, or to dispose of lands except as provided herein, or to guarantee to find purchasers for said lands, or any part thereof, it being the intention of this Act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds received from the sale thereof only as received. _ Sec. 14. That! the Secretary of the Interior is hereby authorized and '§‘Z.,'{'§‘}‘$Z°{;,,m M, directed to reserve and set aside for town-site pur oses, and to survey, **° *’°P*“’· °’°- lay out, and plat into town lots, streets, alleys, and) parks, not less than forty acreso said land at the present settlement of Poplar, and at such other places as the Secretary of the Interior ma deem necessary or convenient for town sites, in such manner as will best subserve the present needs and the reasonable prospective rowth of said settle- ¥l\0¥1li· Tllllli such IIOWD sites shall be surveyed, apgmjggd, and dig- Survey, etc. posed of as provided in section twenty-three hundre and eighty-one R·S··¤°°·”’”·P-M- of the United States Revised Statutes: .P9·mr£ded, That any person mmm. who, at the date when the aippraisers commence their work upon the ,,,§£{ff;_ °f °°°°°1 land, shall be an actual resident upon any one such lot and the owner of substantial and permanent improvements thereon, and who shall maintain his or her residence and improvements on such lot to the date of his or her application to enter, shall be entitled to enter, at any time prior to the day fixed for the public sale and at the appraised value thereof, such lot and ang four additional lots of which e or she may also be in possession an upon which he or she may have substantial and permanent improvements: Pro·v6¢Zod_fi4rthe¢·, That before making pm; of residence, entry of any such ot or lots the applicant shall make proof, to the °“’- satisfaction of the register and receiver of the land district in which the land lies, of such residence, possession, and ownership of im rovements, under such re ulations as to time, notice, manner, and character of proofs as may be prescribed by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior: itvwided _;‘in·t}5,e1·, That in making their appraisal of the lots so sur- ,,,1,, O,,,,,,,,,,,,, vcyed, it shall be the duty of the appraisers to ascertain the names of the residents upon and occupants o any such lots, the character and extent of the improvements thereon, and the name of the reputed owner thereof, and to report their findings in connection with their report of appraisal, whic report of iindings shall be taken as prima aelpen. facie evidence of the facts therein set out. ll such lots not so entered 8** ° °l “"*‘· prior to the day fixed for the public sale shall be offered at public outcry, in their regular order with the other unimproved and unoccupied lots. That no lot shall be sold for less than ten dollars: And pm- Mi¤i¤¤=¤ v=¤¢¤· vided jnrtber, That said lots, when surveyed, shall approximate fifty Sim ¤fl¤¤·· by one hundred and fifty feet in size. Sec. 15. That after educting the expenses of the commission of c€§§§“°° °’ *""* classification, appraisemeut, an sale 0 the lands, and such other ofiignagxsed w credit incidental expenses as mav necessarily be incurred, including the cost ' of survey of said lands, the balance realized from the proceeds of the sale of the lands in conformity with the provisions of t is Act shall be paid into the Treasury of the United States and placed to the credit of said Indian tribe, to draw four per centum per annum, the principal “"°'°‘*~ and interest to be expended from time to time by the Secretaig of the Interior as he may deem advisable for the benefit of said In ians in their education and civilization, the construction and maintenance of irrigation ditches, should such be determined as feasible and beneficial to said allottees, and suitable per capita cash péafments. The remainder .u¤¤¤¤c·¤¤ of mussof all funds deposited in the reasury, realiz from such sale of lands