upon and, further, had, as a farmer and for farming purposes, made
permanent and valuable improvements upon any part of the land so ceded,
and who has not disposed of the same, but desires to occupy the
particular lands so improved as a homestead and for farming purposes,
shall have the right to select one-eighth of a section of land, to
conform, however, to the United States surveys; such selection to
embrace, as far as the above limitation will admit, such improvements;
the wife and children of any such citizen shall have the same right of
selection that is above given to the citizen, and they shall have the
preference in making selections to take any lands improved by the
husband and father that he can not take until all of his improved land
shall be taken; and that any citizen of the Cherokee Nation not a
resident within the land so ceded who prior to the 1st day of November,
1891, had for farming purposes made valuable and permanent improvements
upon any of the land so ceded shall have the right to select one-eighth
of a section of land, to conform to the United States surveys; such
selection to embrace, as far as the above limitation will admit, such
improvements; but the allotments so provided for shall not exceed
seventy (70) in number and the land allotted shall not exceed five
thousand and six hundred (5,600) acres; and such allotments shall be
made and confirmed under such rules and regulations as shall be
prescribed by the Secretary of the Interior, and when so made and
confirmed shall be conveyed to the allottees respectively by the United
States in fee simple; and from the price to be paid to the Cherokee
Nation for the cession so made there shall be deducted the sum of one
dollar and forty cents ($1.40) for each acre so taken in allotment:
_And provided_, That D.W. Bushyhead having made permanent or
valuable improvements prior to the 1st day of November, 1891, on the
lands so ceded, he may select a quarter section of the lands ceded,
whether reserved or otherwise, prior to the opening of said lands to