Public Law 46–39

That the persons included in the provisions of section one of the act approved July five, eighteen hundred and seventy-six entitled, “An act providing for the sale of the Kansas Indian lands in Kansas to actual settlers, and for the disposition of the proceeds of the sale”, or the heirs, legal representatives and assigns of said persons, shall be permitted to complete the payment for

Newly appraised value, terms of payment, interest.

the lands to which they are entitled under said act, at the newly appraised value as ascertained and approved by the Secretary of the Interior, under section three of said act, and in completing such payment credit shall be given for all sums heretofore paid as principal and interest, which sums shall be considered as constituting one instalment upon the present appraised value at the date when the last payment thereof was made; and the balance shall be paid in three equal instalments, the first to be paid on or before the first day of January eighteen hundred and eighty-one, and the remaining instalments shall be payable annually from the date of the first; each instalment to draw interest at the nine of six per centum per annum, from the date when the

Proviso.

Payments™ arrears.

1874, ch. 471,

18 Stat., 272.

last payment heretofore made, was received by the district office: Provided, That if any of said persons have failed to make payment heretofore of any portion of the purchase money, as required under the act aforesaid, or the act of June twenty-third, eighteen hundred and seventy- four, relating to these lands, such persons, their heirs, legal representatives or assigns, being in possession thereof shall be required, prior to the first day of January eighteen hundred and eighty-one, to make entry and pay for their respective claims in three equal instalments, the first on the day of entry and the remaining instalments annually from

Bonds to prove to waste.

that date and drawing interest at the rate of six per centum per annum until paid; bond being required in ease of timbered lands to prevent FORTY-SIXTH CONGRESS. BESS. II. Cn. 39, 40. 1880. waste as in section one of said act; and where such persons their heirs

When not in possession.

legal representatives or assigns are not in possession of said lands then the same may be entered as others of the said Kansas Indian lands, by actual settlers only.

Sec. 2.

That all persons who have made entries under section two

1874, ch. 471,

18 Stat., 272.

Entries.

of the act of June twenty-third, eighteen hundred and seventy-four, relating to these lands, may complete their payments upon such entries at the newly appraised value thereof in the same manner and upon the same terms, credits, and limitations as are provided in section one of this act.

Sec. 3.

That the terms of the proviso of section two of the act of July

1876, ch. 168,

19 Stat., 74.

Default and forfeiture.

fifth, eighteen hundred and seventy-six, relating to default and forfeiture shall extend to all entries and requirements under the provisions of this act.

Sec. 4.

Actual settlement on any of said lands shall be regarded as

Actual settlement on contiguous land.

sufficient in all cases where the claimant actually resides on contiguous laud to which be holds the legal title, and has heretofore cultivated and made valuable improvements on his adjoining claim, in good faith, for the purpose of a home for himself: Provided, Said claimant shall in all

Proviso.

other respects comply with the law and the regulations issued thereunder by the General Land Office.