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26  payment or payments he might have made: And provided
27  further , That whenever any person shall, under the provisions
28  of this act, settle upon a tract containing a fractional excess
29  over one hundred and sixty acres, if the excess is less than
30  forty acres, is contiguous and results from inability in sur-
31  veys to make township and section lines conform to the bound-
32  ary-lines of the reservation, his purchase shall not be rejected
33  on account of such excess, but shall be allowed as in other
34  cases: And provided further, That no portion of such land
35  shall be sold at less than the appraised value thereof, and in
36  no case for less than two dollars and [[strikethrough]] forty [[/strikethrough]] ^[[50]] cents per acre.

1    SEC. 3. That the proceeds of such sale, after paying all
2  expenses incident and necessary for carrying out the provis-
3  ions of this act, including such clerk-hire as the Secretary of
4  the Interior may deem necessary, shall be placed to the credit
5  of said Indians in the Treasury of the United States, and
6  shall bear interest at the rate of five per centum per annum,
7  which income shall be annually expended for the benefit of
8  said Indians, under the directions of the Secretary of the
9  Interior.

1.    SEC. 4.  That when purchasers of said lands shall have
2  complied with the provisions of this act as to settlement,
3  payment, and improvement, proof thereof shall be received
4  by the local land-office of the district in which said land is
5  situated, and patents shall be issued as in cases of public lands

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6  offered for settlement under the homestead and pre-emption
7  nets: Provided, That any right in severalty acquired by any
8  Indian under existing treaties shall not be affected by this act.

1    SEC. 5. That, with the consent of said Indians as afore-
2  said, the Secretary of the Interior be, and he is hereby,
3  authorized, either through the agent of said tribe or such
4  other person as he may designate, to allot the remainder of
5  the lands in said reservation outside of the boundaries of the
6  land above mentioned to the Indians of said tribe, ^[[^? in ?]] in
7  quantity as follows: To each head of a family, one-eighth
8  of a section; to each single person over eighteen years of
9  age, one-sixteenth of a section; to each orphan child under
10 eighteen years of age, one-sixteenth of a section; and to each
11 other person under eighteen years of age, one-sixteenth of
12 a section, which allotment shall be deemed and held in
13 lieu of any allotments or assignments taken under any law
14 or by virtue of any treaty heretofore made: Provided, That
15 any Indian to whom a tract of land has been assigned, and
16 certificate assigned, or who was entitled to receive the same
17 under the provisions of any such law or treaty, and who has
18 made valuable improvements thereon, and any Indian who,
19 being entitled to an assignment and certificate under any of
20 said laws or treaties, has settled and made valuable improve-
21 ments upon a tract assigned to any Indian who has never
22 occupied or improved such tract, shall have a preference right
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