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INDIAN HOMESTEADS, ALLOTMENTS, AND
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See" Railroads"; also “Rights of Way."
penses of public-land service to be paid from proceeds of Indian landsAct of February 8, 1887–Allotments-Lands purchased from Indians and
not allotted to be held for settlers--Trust patents-Religious organiza
tions-Preference for police Citizenship-Irrigation-Rights of way-Act of October 19, 1888-Indian may surrender patent and select other
Selection of public land-Fees-Determination of descent...
lotment is denied.
profit of lands patented in severalty to Indians
prior debts--Trust funds--Sales within reclamation projects--Act of March 1, 1907--Payment of taxes-Sale of allotment of noncom
petent Indian Act of May 29, 1908--Sale on petition of allottee-Minors--Fee simple
title to heirs—Use of proceeds---
roads-Allotments on public domain-Lease of mineral lands-Ex-
228 Page. 243 244 214
Disposal by will-Unlawful to induce conveyances-Sale of timber-
238 239 240 239 243
Act of March 3, 1921-Gypsum, limestone, asbestos, etc., mineral.
allotted to be disposed of-Proceeds.-
homesteaders required to pay $1.25 per acreAct of June 13, 1902–Subject to free homesteads.CHIPPEWA AGRICULTURAL LANDS.-Act of January 14, 1889–
Sale of agricultural lands under homestead laws at $1.25 per acre.--Act of June 27, 1902—Timber lands to be opened to homestead entry after
sale of timber. Act of May 23, 1908——Lands subject to homestead entry at $1.25 per acre.. Acts of Congress providing for disposition of surplus lands in certain In
dian reservations, etc--
UNITED STATES REVISED STATUTES.
Disposal of proceeds of sales of
Jan. 9, 1837,
Sec. 2093. All moneys received from the sales of lands that have been or may be hereafter, ceded to the United Indian lands. States by Indian tribes, by treaties providing for the 5 S. "135. investment or payment to the Indians, parties thereto, of the proceeds of the lands ceded by them, respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the Treasury in the same manner that moneys received from the sales of public lands are paid into the Treasury.
Sec. 2115. Whenever it becomes necessary to survey
Survey of In
dian reservations. any Indian or other reservations, or any lands, the same Apr. 8, 1864, shall be surveyed under the direction and control of the 13 3. 41. General Land Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed.
SEC. 2116. No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Sians.
grants from InIndian nation or tribe of Indians, shall be of any validity June 30, 1834, in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the same, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty.
4 S. 730.
Driving stock to feed ou
June 14, 1862, 12 S. 427.
Indians tres passing upon
Sec. 2117. Every person who drives or otherwise conveys any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable to a penalty of
one dollar for each animal of such stock. Settling on or Sec. 2118. Every person who makes a settlement on surveying belonging to In- any lands belonging, secured, or granted by treaty with dians bý treaty. the United States to any Indian tribe, or surveys or at
tempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands.
Sec. 2119. Whenever any Indian, being a member of Indians desiring
any band or tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him.
SEC. 2120. Whenever any person of Indian blood beands of civilized longing to a band or tribe which receives or is entitled to
receive annuities from the United States, and who has not adopted the habits and customs of civilized life, and received his lands in severalty by allotment, as mentioned in the preceding section, commits any trespass upon the lands or premises of any Indian who has so received his lands by allotment, the superintendent and agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so ascertained shall be withheld from the payment next thereafter to be made, either to the band or tribe to which the party committing such trespass shall belong, as in the discretion of the superintendent he shall deem proper; and the sum so withheld shall, if the Secretary of the Interior approves, be paid over by the agent or
superintendent to the party injured. Suspension of chief for trespass.
Sec. 2121. Whenever such trespasser as is mentioned Ibid. in the preceding section is the chief or head-man of a
band or tribe, the superintendent of Indian affairs in his district shall also suspend the trespasser from his office for three months, and shall during that time deprive him of all the benefits and emoluments connected therewith; but the chief or head-man may be sooner restored to his
former standing if the superintendent shall so direct. Sale of build
Sec. 2122. The Secretary of the Interior is authorized the United to cause all such buildings belonging to the United States Mar. 3, 1843, as have been, or hereafter shall be, erected for the use of
their agents, teachers, farmers, mechanics, and other per
ingr belonging to
5 S. 611.
Sale of lands with buildings
June 30, 1834,
sons employed amongst the Indians, to be sold whenever the lands on which the same are erected have become the property of the United States, and are no longer necessary for such purposes.
Sec. 2123. The Secretary of the Interior is authorized to cause to be sold, at his discretion, with each of such Ibid. buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee simple for such lands and tenements.
Sec. 2124. All penalties which shall accrue under this Penalties, how Title shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United 4 S. 733. States, before any court having jurisdiction of the same, in any State or Territory in which the defendant shall be arrested or found, the one-half to the use of the informer and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.
Sec. 2125. When goods or other property shall be proceed: seized for any violation of this Title, it shall be lawful for goods. the person prosecuting on behalf of the United States to proceed against such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws. Sec. 2126. In all trials about the right of property in Burden of
proof. which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE
Extract from the deficiency appropriation Act approved March 3.
1875 (18 Stat. 402-420). SEC. 15. That any Indian born in the United States, encertain Indians who is the head of a family, or who has arrived at the age of homestead. of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of the Act entitled “An Act to secure homesteads to actual settlers on the public domain," approved May twentieth, eighteen hundred and sixty-two, and the Acts amendatory thereof, except that the provisions of the eighth section of the said Act shall not be held to apply
Alienation or to entries made under this Act: Provided, however, That incumbrance of the title to lands acquired by any Indian by virtue hereof
shall not be subject to alienation or incumbrance, either by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable
for a period of five years from the date of the patent Interest of issued therefor: Provided, That any such Indian shall be tribal property." entitled to his distributive share of all annuities, tribal
funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void.
Extract from the deficiency appropriation Act approved March 3,
1883 (22 Stat. 582-590).
Proceeds of Indian reservations
The proceeds of all pasturage and sales of timber, coal, to be covered into or other product of any Indian reservation, except those Treasury.
of the five civilized tribes, and not the result of the labor of any member of such tribe, shall be covered into the Treasury for the benefit of such tribe under such regulations as the Secretary of the Interior shall prescribe; and the Secretary shall report his action in detail to Congress at its next session.
Extracts from the Indian appropriation Act approved July 4, 1884
(23 Stat. 76–96, 98).
missions for en
Provisions of That such Indians as may now be located on public homestead laws made applicable lands, or as may, under the direction of the Secretary of to Indians.
the Interior, or otherwise, hereafter, so locate may avail themselves of the provisions of the homestead laws as fully and to the same extent as may now be done by citizens of the United States; and to aid such Indians in making selections of homesteads and the necessary proofs at
the proper land offices, one thousand dollars, or so much Fees and com- thereof as may be necessary, is hereby appropriated; but tries excluded. no fees or commissions shall be charged on account of said
entries or proofs. All patents therefor shall be of the Lands to be legal effect, and declare that the United States does and held in trust by United States.
will hold the land thus entered for the period of twentyfive years, in trust for the sole use and benefit of the Indian by whom such entry shall have been made, or, in case of his decease, of his widow and heirs according to the laws of the State or Territory where such land is located, and at the expiration of said period the United States will convey the same by patent to said Indian, or his widow and heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever.
* See the act of July 4, 1884.