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THE TOWN-SITE BILL.

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            Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,  That so much of the public lands situate in the Territory of Oklahoma now open to settlement, as may be necessary to embrace all the legal subdivisions covered by actual occupancy for purposes of trade and business, not exceeding 1,280 acres in each case, may be entered as town sites, for the several use and benefit of the occupants thereof, by three trustees to be appointed by the Secretary of the Interior for that purpose, such entry to be made under the provisions of section 2387, of the Revised Statutes as near as may be; and when such entry shall have been made, the Secretary of the Interior shall provide regulations for the proper execution of the trust by such trustees, including the survey of the land into street, alleys, squares, blocks, and lots when necessary, or the approval of such survey as may already have been made by the inhabitants thereof, the assessment upon the lots of such sum as may be necessary to pay for the lands embraced I such town site, costs of survey, conveyance of lots, and other necessary expenses, including compensation of trustees:  Provided,  That the Secretary of the Interior may, when practicable, cause more than one town site to be entered and the trust thereby created executed in the manner herein provided by a single board of trustees, but not more than seven boards of trustees in all shall be appointed for said Territory, and no more than two members of any of said boards shall be appointed from one political party.

            Sec. 2.  That in the execution of such trust, and for the purpose of the conveyance of title by said trustees, any certificate or other paper evidence of claim duly issued by the authority recognized for such purpose by the people residing upon any town site the subject of entry thereunder shall be taken as evidence of the occupancy by the holder thereof of the lot or lots therein described, except that where there is an adverse claim to aid property such certificate shall be only prima facie  evidence of the claim of occupancy of the holder:  Provided,  that nothing in this act contained shall be so construed as to make valid any claim now invalid of those who entered upon and occupied said lands in violation of the laws of the United States or the proclamation of the President thereunder:  Provided further,  that the certificates hereinbefore mentioned shall not be taken as evidence in favor of any person claiming lots who entered upon said lots in violation of law or the proclamation of the President thereunder.

            Sec. 3.  That all lots not disposed of as hereinbefore provided for shall be sold under the direction of the Secretary of the Interior for the benefit of the municipal government of any such town, or the same or any part thereof may be reserved for the public use as sites for public buildings, or for the purpose of parks, if in the judgment of the Secretary such reservation would be for the public interest, and the Secretary shall execute proper conveyances to carry out the provisions of this section.

            Sec. 5.  that the provisions of sections 4, 5, 6 and 7 of an act of the Legislature of the State of Kansas entitled “An Act relating to town sites,” approve March 2, 1868, shall, so far as applicable, govern the trustees in the performance of their duties hereunder.

            Sec. 6.  That all entries of town sites now pending on application hereafter made under this act shall have preference at the local land office of the ordinary business of the office and shall be determined as speedily as possible, and if an appeal shall be taken from the decision of the local office in any such case to the Commissioner of the General Land Office, the same  shall be made special, and dispose of by him as expeditiously as the duties of his office will permit, and so if an appeal should be taken to the Secretary of the Interior.  And all applications heretofore field in the proper land office shall have the same force and effect as if made under the provisions of this act, and upon the application of the trustees herein provided for such entries shall be prosecuted to final issue in the names of such trustees, without other formality, and when final entry is made the title of the United States to the land covered by such entry shall be conveyed to said trustees for the uses and purposes herein provided.

            Sec. 7.  That the trustees appointed udder this act shall have the power to administer oaths, to hear and determine all controversies arising in the execution of this act, shall keep a record of their proceedings, which shall, with all papers filed with them, and all evidence of their official acts, except conveyances, be filed in the General land Office and become part of the records of the same, and all conveyances executed by them shall be acknowledged before an office duly authorized for that purpose.  They shall be allowed such compensation as the Secretary of the  Interior may prescribe, not exceeding ten dollars per day while actually employed; and such traveling and other necessary expenses as the Secretary may authorize, and the Secretary of the Interior shall also provide them with necessary clerical force by detail or otherwise.

            Sec. 8.  that the sum of $10,000, or so much thereof as may be necessary, is hereby appropriated to carry into effect the provisions of this act except that no portion of said sum shall be used in making payment for land entered hereunder, and the disbursements therefrom shall be refunded to the Treasury from the sums which may be realized from the assessments made to defray the expense of carrying out the provisions of this act.

            Approved May 15, 189

                                                                                                BENJAMIN HARRISON, President

                                   

 

 

                                                                                  THE KANSAS STATUES IN FORCE

 

            The sections of the Kansas Statutes referred to in section 4, and made a part of this bill, are as follows;

            Sec. 4.  At any time after the entry of any such town site, the probate judge of the county in which such town may be situated may appoint three commissioners, who shall not be residents of such town, or the owners of any interest therein; and it shall be the duty of such commissioners to cause an actual survey of such site to be made, conforming as near as may be to the original survey of such town, designating on such plat the lots or squares on which improvements are standing, with the name of the owner or owners hereof, together with the value of the same.

            Sec. 5.  Said commissioners shall, as soon as the survey and plat shall be completed, cause to be published in some newspaper published in the county in which such town is situated, a notice that such survey has been completed, and giving notice to all persons concerned or interested in such town site that, on a designated day, the said commissioners will proceed to set off to the persons entitled to the same, according to their respective interests, the lots, squares or grounds  to which each of the occupants thereof shall be entitled.  Such publication shall be made at leas thirty days prior to the day set apart by such commissioners to make such division.

            Sec. 6.  After such publication shall have been duly made, the commissioners shall proceed, on the day designated in such publication, to set apart to the persons entitled to receive the same, the lots, squares or grounds to which each shall e entitled, according to their respective interests, including the potion or portions set apart to each person, or company of persons, the improvements belonging to such persons or company.

            Sec. 7.  After the setting apart of such lots or grounds, and the valuation of the same, as hereinbefore provided for, the said commissioners shall proceed to levy a tax on the lots and improvements thereon, according to their value sufficient to raise a fund to reimburse to the parties who may have entered such site the sum or sums paid by them in securing the title to such site, together with all expenses accruing in perfecting the same, the fees due the commissioners and the surveyor for their respective services, and other necessary expenses connected with the proceedings.