Page:United States Statutes at Large Volume 44 Part 1.djvu/1421

1407 '''1080. Application of sections.'''—The provisions of the two preceding sections are extended to all abandoned military reservtions which were placed under the control of the Secretary of the Interior under any law in force prior to July 5, 1884. (Feb. 15, 1895, c. 92, § 1, 28 Stat. 684.)

'''Section 1091. Homestead entries on Indian lands; soldiers' and sailors' homesteads; reservation of school and missionary lands; rights of railroads.−'''Whenever any of the other lands within the former Territory of Oklahoma, other than those specified in the first three paragraphs of section 18 of the Act of May 2, 1890, occupied on that date by any Indian tribe, shall by operation of law or proclamation of the President of the United States, be open to settlement, they shall be disposed of to actual settlers only, under the provisions of the homestead law, except section 173 of chapter 7 of this title, which shall not apply: Provided, however, That each settler, under and in accordance with the provisions of said homestead laws, shall before receiving a patent for his homestead pay to the United States for the land so taken by him, in addition to the fees provided by law, a sum per acre equal to the amount which has been or may be paid by the United States to obtain a relinquishment of the Indian title or interest therein, but in no case shall such payment be less than $1.25 per acre. The rights of honorably discharged soldiers and sailors in the late Civil War, as defined and described in sections 271 and 272 of chapter 7 of this title, shall not be abridged except as to such payment. All tracts of land in former Oklahoma Territory which, prior to May 2, 1800, have been set apart for school purposes, to educational societies, or missionary boards' at work among the Indians, shall not be open for settlement, but are granted to the respective educational societies or missionary boards for whose use the same has been set apart. No part of the land embraced within the former Oklahoma Territory shall inure to the use or benefit of any railroad corporation, except the rights of way and land for stations granted to certain railroad corporations prior to May 2, 1890. Nor shall any provision of this chapter or any act of any officer of the United States, done or performed under the provisions of this chapter or otherwise, invest any corporation owning or operating any railroad in the Indian Territory, or the former Oklahoma Territory, with any land or right to any land in either of said Territories, and this chapter shall not apply to or affect any land which, upon any condition on becoming a part of the public domain, would inure to the benefit of, or become the property of, any railroad corporation. (May 2, 1800, .c. 182, § 18, 26. Stat. 90.)

1092. Procedure; selections in square form; amount of holding; soldiers and sailors' homesteads.−The procedure in applications, entries, contests, and adjudications in the former Territory of Oklahoma. shall be in form and manner prescribed under the homestead laws of the United States, and the general principles and provisions of the homestead laws, except as modified by the provisions of this chapter and the acts of Congress approved March 1 and 2, 1880, relating to the cession of lands of the Muscogee (or Creek) Nation of Indians, and the Seminole and Cherokee Indians, shall be applicable to all entries made in said Territory, but no patent shall be issued to any person who is not a citizen of the United States at the time of making final. proof. All persons who shall settle on land in said Territory, under the provisions of the homestead laws of the United States, and of this chapter, shall be required to select the same in square form as nearly as may be; and no person who shall at the time be seized in fee simple of a hundred and sixty acres of land in any State or Territory, shall hereafter be entitled to enter land in the former Territory of Oklahoma. The provisions of sections 271 and 272 of chapter 7 of this title shall, except so far as modified by this chapter, apply to all homestead settlements in said Territory. (May 2, 1890, c. 182, § 20, 26 Stat. 91.)

1093. Patents on homestead entries on payment twelve months after location.−Any person, entitled by law to take a homestead in the former Territory of Oklahoma, who has prior to May 2, 1890, located and filed upon, or shall thereafter locate and file upon, a homestead within the limits described in the President's proclamation of April 1, 1889, and under and in pursuance of the laws applicable to the settlement of the lands opened for settlement by such proclamation, and who has complied with all the laws relating to such homestead settlement, may receive a patent therefor at the expiration of twelve months from date of locating upon said homestead upon, payment to the United States of $1.25 per acre for land em braced in such homestead. (May 2, 1890, c. 182, § 21, 26 Stat. 91.)

1094. Town-site laws applicable; lands open to entry; reservations; rights of homestead settlers.−The provisions of sections 711 and 724 of chapter 17 of this title relating to reservation and sale of town sites on the public lands' shall apply to the lands open, or to be opened to settlement in the former Territory of Oklahoma, except those opened to settlement by the proclamation of the President on the 22d day of April, 1889: Provided, That after May 2, 1890, all surveys for town sites in said former Territory shall contain reservations for parks (of substantially equal area if more than one park) and for schools and other public purposes, embracing in the aggregate not less than ten nor more than twenty acres; and patents for such reservations, to be maintained for such purposes, shall be issued to the towns respectively when organized as municipalities: Provided further, That in case any lands in said former Territory of Oklahoma, which may be occupied and filed upon as a homestead, under the provisions of law applicable to said former Territory, by a person who is entitled to perfect his title thereto under such laws, are required for town site purposes, it shall be lawful for such person to apply to the Secretary of the Interior to purchase the lands embraced in said homestead or any part thereof for town-site purposes, He