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4 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]] ^[] 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 [[end page]] [start page]] 5 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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