Indian Land Laws: Being a Treatise on Indian Land Titles in Oklahoma and Under the General Allotment Act, Amendments and Legislation Supplemental Thereto, Including a Full Consideration of Conveyances of Lands of Minors, Descent, Dower, Curtesy, Taxation, Easements in and Actions Affecting Title to Allotted Indian Lands; Also a Compilation of Treaties, Agreements and Statutes Applicable Thereto, Fully Annotated

Samuel Thomas Bledsoe

Vernon Law Books Company, 1913 - 967 sider

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CHAPTER	1

Section	5

Application of Indian legislation	8

CHAPTER 30	11

CHAPTER	14

Occupancy of tribal lands of Five Civilized Tribes prior	20

CHAPTER	24

Cherokees	26

Confirming previous allotments	533

Each allottee to be placed in possession	534

Surplus tribal landsDisposition of	535

TownsitesOwner of improvements preference right to purchase	539

Excessive holdings prohibited	540

Public buildingsGrounds for	541

Authorizing surveys	542

Reservations	543

CHAPTER 6	33

Selection	39

CHAPTER 9	52

RESTRICTIONS ON ALIENATIONCHEROKEE LANDS	60

CHAPTER 11	66

CHAPTER 12	83

CHAPTER 13	91

CHAPTER 14	97

Effect of curative provision of Act of April 26 1906	103

Section Page	113

Freedmen	119

Court having jurisdiction of settlement of estate of	128

AlienationRemoval of restrictions on under Act of	134

Absentee Shawnee and Citizen Pottawatomie	139

AlienationAllotments of Kiowa Comanche and Apache	147

Age and quantum of Indian bloodLegislation relating to	158

CHAPTER 19	166

CHAPTER 21	182

CONVEYANCE OF LANDS OF MINORS UPON ORDER OF COUN TY COURTS OF THE STATE OF OKLAHOMA Section Page 172 County cou...	188

United States courts in the Indian Territory	189

County courts in the exercise of probate authority are courts of general jurisdiction	192

Probate CodeHistory of	194

MinorsWho are	196

Appointment of guardians for incompetent and insane per sons	198

Partition of real estate	199

Sale of real estate of a minorWhen authorized by stat ute	200

Necessary steps in proceedings to sell	201

Petition for sale of the real estate of a minor	203

Hearing and order to show cause	204

Service of notice of hearing on order to show cause prior to June 17 1910	205

Service of notice of hearing of order to show cause subse quent to June 17 1910	206

Statutory provisions relating to sale of real estate of de cedent to control where not otherwise provided	207

Order of sale	208

Notice of sale prior to June 17 1910	210

Notice of sale subsequent to June 17 1910	211

Time and place of sale	212

The real estate of a minor may upon order of the county court be sold by his guardian at private sale	213

Proof of service	214

Return of sale and proceedings thereon prior to June	217

Return of sale subsequent to June 17 1910 and proceed ings in confirmation thereof	218

Limitation on time of sale	220

Conveyance by guardians	221

Sales for railroad purposes	222

MinorsMortgage of estates	223

Oil and gasLeases forOf lands of minors under Act of May 27 1908	225

Collateral attack on sale	226

Guardianship how terminated	227

CONVEYANCES OF TIMBER ON ALLOTTED INDIAN LANDS	229

CHAPTER 24	236

Oil and gasLeases for under Act of May 27 1908	245

Descent of allotted Cherokee lands prior to April 28 1904	262

238	268

Descent of allotted Seminole lands subsequent to Novem	274

CHAPTER 28	284

258	290

Appeal	302

Section EASEMENTS IN INDIAN LANDS Page 279 Easements in general	305

Right of way for pipe lines through Indian lands	308

Right of way for telephone and telegraph companies	309

Public roadsIn general	310

Public roadsCherokee Nation	311

Public roadsCreek Nation	312

Public roadsOsage Nation	313

CHAPTER 31	314

Agreement	316

Taxation of lands allotted under the Choctaw and Chick asaw Allotment Agreements	317

Taxation of lands allotted under the Creek Agreement	319

Taxation of lands allotted under the Seminole Allotment Agreement	320

TaxationLands of allottees of Five Civilized Tribes as affected by Act of April 26 1906	321

Taxation of lands of allottees of Five Civilized Tribes as affected by Act of May 27 1908	322

Taxation of lands as to which restrictions are removed by the Secretary under the Act of May 27 1908	324

Taxation of lands allotted under the General Allotment Act	325

Taxation of allotted Indian lands as affected by the Act of May 8 1906	326

Taxation of lands allotted under the Cheyenne and Ara pahoe Allotment Agreement	327

Taxation of lands allotted to Kansas or Kaw Indians	328

Taxation of lands allotted to the Kiowas Comanches and Apaches	329

Jurisdiction of controversies affecting title or right of pos	345

327	351

Section Page	357

CHAPTER 35	366

Segregated coal lands in Choctaw and Chickasaw Nation	372

Authority of Commission	375

348c Jurisdiction conferred upon Commission	378

Closing rollsChoctaws and Chickasaws	383

RESERVATION OF MINERAL LANDS AND DISPOSITION	389

upon Secretary	398

CHAPTER 41	400

proved	401

Illegal cutting of timber prohibited	402

Court of Claims to determine rights of intermarried whites	403

Investigation of leases of allotted lands authorized	404

DelawareCherokee controversy	405

392a Sale of land for schoolhouse locations authorizedAct May 29 1908	406

CHAPTER 42	407

Authorizing making nations parties to suits	408

Authorizing sale of improvements where citizenship de nied	409

Making tribe party to suit	410

Regulating continuances	411

Limitation on right to bring certain actions	412

Allotment records	414

Coal oil and asphalt lands	415

Organization of municipalities	416

Townsite commissions	419

Excessive holdings	421

Excessive holder guilty of misdemeanor	422

Excessive holdingsPunishment for	423

Citizenship rollsDirection as to making	424

Allotments to members of another tribe	427

Laws of tribes not to be enforced	429

Minimum legal subdivisions	436

Cherokee	438

Rolls of citizenship	442

Section Page 459 Townsites	446

Townsites where population less than two hundred	447

Town lotsPreference right to purchase	448

Town lotsHow sold when owner of improvements fails to purchase	449

Towns of less than two hundred population	450

Town lotsWhen may be taxed	451

Who may bid at lot sales	452

Acceptance of patents for minors etc	453

Payment of tribal indebtedness	454

No contest after nine months	455

112	456

Not to be effective until ratified	457

CHAPTER 44	459

Parties to Atoka Agreement	460

Allotment to Choctaws and Chickasaws	461

Jurisdiction conferred upon Commission	465

Jurisdiction conferred upon United States courts	473

CHAPTER 45	479

Section Page	480

selection entitled to allotments	487

Commissions jurisdiction in allotment controversies	488

Reservations	490

Rolls of citizenship	491

Rolls of citizenshipContinued	492

Citizenship court created	493

Citizenship courtJurisdiction	495

Citizenship courtProcedure in	496

Closing rolls	498

Enrolled membersWhen entitled to allotment	499

37	500

Temporary allotments to Choctaw and Chickasaw freed men	501

Mississippi Choctaws	502

Mississippi ChoctawsAllotments upon condition	503

Mississippi ChoctawsProof of continuous residence	504

TownsitesSufficient land for present and prospective growth	505

TownsitesAdditional commissions authorized	506

GovernmentSurvey of townsites confirmed	507

Coal and asphalt	508

Segregated lands to be sold	509

Segregated lands to be soldContinued	510

Sale of coal and asphalt lands	511

Patents acceptance of for minors etc	513

CHAPTER 46	520

Amendment to Segregated Land Act contained in the	526

Allottable lands	528

Section Page 610 Preliminary provisions	530

General allotment of lands	531

AllotmentsSelection of for minors etc	532

Municipal corporations	545

Funds of the tribe	546

Laws of descent of Arkansas substituted for Creek laws of descent	547

Lien for purchase price town lots	548

Creek funds not to be used	549

Leases	550

39	551

Curtis Act except section 14 not to apply to Creeks	552

Prohibition	553

CHAPTER 48	554

Definitions	555

Amending original agreement	556

Descent and distribution	557

Enrollment and descent where death before allotment of children living May 25 1901	558

Roads	559

Cemeteries	560

Tribal fundsDisposition of	561

Leases of allotted lands	563

Each allottee to be put in possession	564

Not to repeal original agreement except where in conflict	565

CHAPTER 49	566

Allotment of Seminole LandsRestrictions upon aliena tion	567

LeasesAgricultural and mineral	568

Reservation for church purposes	569

HomesteadRestrictions uponAlienation and exemp tion from taxation	570

Jurisdiction conferred upon United States court	571

Seminole government to expire and patents to be issued	572

Seminole homestead to be inalienable during lifetime of allottee	573

CHAPTER 50	574

Allotments to deceased membersDescent of	575

CHAPTER 51	576

Compensation to occupants	577

Commissioners required to keep record	578

Appointment of officers authorized	579

Chickasaw	580

Citizenship	581

Freedmen	582

Transfers from freedmen to tribal rolls prohibited	583

Governor or principal chief may be removed	584

Certain reservations authorized	585

RecordsHow preserved	586

Secretary to take charge of tribal schools	587

Secretary to collect tribal revenues	588

Secretary to sell certain tribal lands and property	589

Coal and asphalt lands reserved	590

Secretary to sell buildings and property of tribes	593

Right of eminent domain conferred	600

CHAPTER 53	606

748	612

Section Page 759 Allotment records	615

Tribal property	616

CHAPTER 54	618

Conveyance in fee simple	619

A fee tail an estate for life	620

May relinquish her dower how	621

Acknowledgment to be attested how where taken within United States	622

Proof of identity of grantor or witness	623

Proof of	624

40	625

Lost deed	626

Deeds of administrators etc Acknowledging and record ing	627

CHAPTER 707 32 STAT 841 APPROVED AND EFFECTIVE FEBRUARY	629

Section Page 820 Of expression come on part of father or on part	633

How legitimized by subsequent marriage	635

mother	638

Heir at law may be made by declaration in writing	639

Choctaw	640

DescentGeneral rule	641

DescentGeneral rule	642

CHAPTER 58	644

Widows dower in lands	645

43	646

Assent in such case how given	647

When provision in lieu of dower forfeited	648

Commissioners to lay off dower 49	649

Widows dower at her death descends how	650

RenunciationWhen must be filed	651

Duty of heir to assign dower	652

When petition stands for hearingOrder thereon	653

Commissioners to be appointed and their duties	654

Of the crop growing on the land assigned as dower at wid ows death	655

CHAPTER 59	656

AllotmentsBy whom selected	657

AllotmentsPreference right in selection	658

Trust patent issue to allottees	659

Restrictions upon alienation	660

8888	661

Allotment to religious society	662

Section Page	663

Citizenship accorded Indians in Indian Territory by	669

BLED IND 2D ED	673

Section Page	674

Section Page	675

Secretary may partition trust lands of deceased allottee	676

Kiowa Comanche and Apache	689

Sales of timber on pine lands in Chippewa Indian Reser	690

CHAPTER 62	696

Osage	698

Section Page	700

Confirmation of previous allotments	702

CHAPTER 64	706

CHAPTER 65	713

987	719

Pro rata division of tribal funds	725

ALLOTMENT AGREEMENT BETWEEN THE KIOWA	731

47	737

CHAPTER 68	738

1038	742

Division of land among members of the tribe	744

Donation of land to Sisters of Saint Francis	748

Descent to be controlled by Oklahoma statute with cer	754

THE ACT OF APRIL 18 1912 SUPPLEMENTARY TO	757

CHAPTER 70	763

Section Page	768

Ottawa	769

Allotment to Miami and United Peoria	774

Agreement ratified	780

AN ACT FOR THE REMOVAL OF RESTRICTIONS ON ALIENA	782

Rights of Sac and Fox to select lands in severalty	788

Schedule of lands previously allotted	794

Section Page	795

CHAPTER 79	801

Automatic signals and safety appliances	807

Section Page 1165 Act providing for opening of highways through Indian	811

lands	814

PART III	816

Cherokee allotment certificate	818

Cherokee homestead deed	819

Cherokee allotment deed	821

Choctaw and Chickasaw homestead certificate	823

Choctaw and Chickasaw allotment certificate	824

Choctaw and Chickasaw homestead patent	825

Choctaw and Chickasaw allotment patent	827

Mississippi Choctaw homestead designation	829

Mississippi Choctaw allotment designation	830

Mississippi Choctaw homestead certificate	831

Mississippi Choctaw allotment certificate	832

Minor Mississippi Choctaw homestead certificate	833

Minor Mississippi Choctaw allotment certificate	834

Mississippi Choctaw homestead patent	835

Mississippi Choctaw allotment patent	837

Allotment certificate of Choctaw and Chickasaw freedmen	840

Creek certificate of selection	841

Creek homestead certificate	843

Creek allotment certificate	844

Creek allotment deed	845

Creek homestead deed	847

Seminole certificate of homestead designation	849

Seminole certificate of allotment	850

Seminole newborn certificate	851

Seminole deceased allottee certificate	852

TABLE OF CASES CITED Page 853	853

484	871

INDEX Page 887	887

Actions affecting Indian landsWho may maintain	888

Peoria	906

486	910

Deed not effective as to third person until recorded 627	921

Opphavsrett

Vanlige uttrykk og setninger

32 Stat Act of April Act of Congress Allotment Act allotment agreements allotment of lands allotted lands allottee amended applicable approved April 26 authorized certificate Cherokee Nation Chickasaw Nations Chickasaw Tribes Choctaw and Chickasaw citizens citizenship Commission Commissioner convey conveyance Creek freedmen Creek Nation deceased deed dower effect eighteen hundred enrollment entitled expiration fee simple Five Civilized Tribes guardian heirs held hereby homestead Indian blood Indian Territory inherited lands Interior Iowa Tribe issued June 28 jurisdiction lands allotted law of descent lease legislation ment minor Mississippi Choctaws nineteen hundred Oklahoma Osage Osage Tribe person Piankeshaw prescribed principal chief prior purchase purposes ratified real estate reservation restrictions on alienation rolls Secretary selection Seminole Tribe severalty sold statute Supplemental Agreement Supreme Court taxation thereof thereto tion townsite tract treaty tribal lands Tribe of Indians trust

Populære avsnitt

Side 677 - And every Indian born within the territorial limits of the United States to whom allotments shall have been made under the provisions of this act, or under any law or treaty, and every Indian born within the territorial limits of the United States who has voluntarily taken up. within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States...‎

Vises i 267 bøker fra 1878-2008

Side 677 - ... every Indian born within the territorial limits of the United States who has voluntarily taken up, within said limits, his residence separate and apart from any tribe of Indians therein, and has adopted the habits of civilized life, is hereby declared to be a citizen of the United States, and is entitled to all the rights, privileges, and immunities of such citizens...‎

Vises i 241 bøker fra 1869-2007

Side 693 - States, or any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both.‎

Vises i 184 bøker fra 1866-2004

Side 550 - April, eighteen hundred and ninety-nine, entitled to be enrolled under section twenty-one of the Act of Congress approved June twenty-eighth, eighteen hundred and ninety-eight, entitled "An act for the protection of the people of the Indian Territory, and for other purposes...‎

Vises i 141 bøker fra 1866-2007

Side 140 - Indians residing on such reservation, as the case may be, at a special election authorized and called by the Secretary of the Interior under such rules and regulations as he may prescribe.‎

Vises i 237 bøker fra 1867-2007

Side 704 - An act for the relief and civilization of the Chippewa Indians in the State of Minnesota...‎

Vises i 167 bøker fra 1867-2007

Side 803 - That upon the approval of the allotments provided for in this act by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the land thus allotted, for the period of twenty-five years, in trust for the sole use and benefit...‎

Vises i 108 bøker fra 1798-2007

Side 680 - That in all cases where any tribe or band of Indians has been, or shall hereafter be, located upon any reservation created for their use, either by treaty stipulation or by virtue of an act of Congress or executive order setting apart the same for their use. the President of the United States be. and he hereby is. authorized, whenever in his opinion any reservation or any part thereof of such Indians is advantageous for agricultural and grazing purposes, to cause said reservation, or any part thereof,...‎

Vises i 121 bøker fra 1798-2007

Side 778 - ... the south half of the northwest quarter, and the north half of the southwest quarter of section...‎

Vises i 111 bøker fra 1813-2007

Side 527 - ... as amended by the act of March 21, 1918 (40 Stat. 458; 43 USC 335, 337, 338), authorize the Secretary of the Interior, under rules and regulations to be prescribed by him, to grant relief to certain classes of desert-land claimants.‎

Vises i 73 bøker fra 1867-2003

Bibliografisk informasjon

Tittel	Indian Land Laws: Being a Treatise on Indian Land Titles in Oklahoma and Under the General Allotment Act, Amendments and Legislation Supplemental Thereto, Including a Full Consideration of Conveyances of Lands of Minors, Descent, Dower, Curtesy, Taxation, Easements in and Actions Affecting Title ...
Forfatter	Samuel Thomas Bledsoe
Utgave	2
Utgiver	Vernon Law Books Company, 1913
Lengde	967 sider

Eksporter sitat	BiBTeX EndNote RefMan

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