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

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Vernon Law Books Company, 1913 - 967 sider
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Tribal membership other than Five Civilized Tribes
31
CHAPTER 6
33
Effect of conferring national citizenship
34
State citizenship
36
CHAPTER 7
38
Selection
39
Cancellation of allotments 40 AH型招生 31 Allotment certificate
41
Patent
42
Act of April 26 1906 vesting title in heirs or assignee
43
Résumé of transactions involved in passing title to al lottees
44
CHAPTER 8
45
Cherokee
46
Choctaw
47
Kiowa Comanche and Apache
48
Osage
49
Quapaw
50
Shawnee
51
CHAPTER 9
52
AlienationRestrictions onDefinition
54
Imposition and extension of restrictions
56
Expiration of restrictions on alienation
57
Removal of restrictions on alienation
58
AlienationInvoluntary restrictions on
59
CHAPTER 10
60
Alienation of surplus lands
61
Alienation of lands allotted in name of deceased member of the tribe
62
70a AlienationIntermarried Cherokees
63
70c Cherokee Outlet allottees
65
CHAPTER 11
66
Alienation of homesteadRestrictions on
68
Alienation of fractional part of surplus of living members
69
Date of patent
71
Alienation of inherited surplus allotment
72
Alienation of land allotted in name of ancestor
76
AlienationFreedmen lands
77
Mississippi Choctaws
78
78a Intermarried whites and adopted citizens
80
Involuntary alienation
81
CHAPTER 12
83
Alienation Restrictions on surplus Creek allotment
84
AlienationCreek homestead
85
Section Page
87
CHAPTER 22
89
Alienation of lands selected in the name of a deceased
93
Removal by Secretary of restrictions under provision
101
Alienation by minors of inherited lands under section 22
107
CHAPTER 15
116
CHAPTER 16
132
ALIENATION OF LANDS IN OKLAHOMA OF ALLOTTEES
139
AlienationAllotments of Kiowa Comanche and Apache
147
AlienationRestrictions onQuapaw
155
Section AGE AND QUANTUM OF INDIAN BLOOD Page
158
CHAPTER 19
166
Officers authorized to take acknowledgments in the
172
CHAPTER 20
178
Sale of real estate of minors for purposes of education
184
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
bate jurisdiction
192
Probate CodeHistory of
194
Minors Who 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 for of 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
Section Page
251
Descent of allotted Cherokee lands prior to April 28 1904
262
Descent under the Creek Supplemental Agreement 268 1
269
Reversion of allotted lands in default of heirsSection
275
Section Page 245 Dower
279
CurtesyPrerequisite of
281
Curtesy not a vested right
283
CHAPTER 28
284
Act
286
Absentee Shawnee and Citizen PottawatomieDescent
287
Kansas or KawDescent
288
KickapooDescent
289
OtoeDescent
290
OttawaDescent
291
PoncaDescent
292
Sac and FoxDescent
293
CHAPTER 29
294
Five Civilized Tribes as evidence of
295
Heirship as affected by section 6488 Revised Laws of 1910History of statute providing procedure for es tablishing
296
DescentJurisdiction to determine heirship
297
Extent of jurisdiction
299
Pleading
300
Trial
301
Appeal
302
Constitutionality of the statute
303
Easements in general
305
Section Page
307
1084
310
CHAPTER 31
314
Taxation of lands allotted under the Seminole Allotment
320
Taxation of allotted Indian lands as affected by the
326
CHAPTER 32
334
CHAPTER 33
340
Jurisdiction of courts of the United States as affected
347
Actions for the recovery of allotted Indian lands
354
Section Page
357
CHAPTER 35
366
Tribal property
370
PART II
375
Appeals allowedCitizenship cases
381
Section Page 354 Certain Creek children to be added to rolls
382
Closing rollsChoctaws and Chickasaws
383
Tribal rolls to be prepared
384
CHAPTER 38
386
AlienationRemoval of restrictions
387
Arkansas law extended to persons and estates of Indians and freedmen
388
CHAPTER 39
389
Certain lands reserved from allotment
390
Authorizing disposition of lands reserved
391
Reservations from allotment for churches and cemetery purposesChoctaw and Chickasaw Nations
392
Reservations from allotmentChoctaw and Chickasa w Nations
393
CHAPTER 40
394
Laying out of townsites authorized
395
Corporate and townsite limits may differ
396
Appraisement and sale authorized
397
Townsite commission is abolished and duties devolved upon Secretary
398
Commissions work transferred to Secretary
399
MISCELLANEOUS LEGISLATION APPLICABLE TO FIVE Section CIVILIZED TRIBES Page 382 Government of Indian Territory
400
Timber and stoneRight to sell recognized
401
Illegal cutting of timber prohibited
402
Court of Claims to determine rights of intermarried whites
403
Joint resolution extending tribal government
405
392a Sale of land for schoolhouse locations authorizedAct May 29 1908
406
CHAPTER 42
407
Jurisdiction where tribal membership denied
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
Allotted lands may be alienated
435
Allotment controversyJurisdiction
443
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
Schools
453
Payment of tribal indebtedness
454
No contest after nine months
455
Regulating renting allotments
456
Not to be effective until ratified
457
CHAPTER 44
459
Parties to Atoka Agreement
460
Allotment to Choctaws and Chickasa ws
461
Section Page 500 Coal and asphalt reservation
462
Choctaw and Chickasaw freedmen
463
Preference right to select allotment
464
Jurisdiction conferred upon Commission
465
Railroads
466
Townsites
467
Cemeteries churches etc
469
Coal and asphalt lands reserved
470
Jurisdiction conferred upon United States courts
473
Acts of Indian Council to be approved by President
475
Tribal governments to continue for eight years
476
Controversy with other tribes
477
Choctaws and Chickasaws to become citizens of the United States
478
CHAPTER 45
479
Preamble to Supplemental Agreement
480
DefinitionNationsTribes
481
DefinitionAtoka Agreement
482
Appraisement of lands
483
Allotment of freedmen inalienable during lifetime of al lottee
484
Citizenship courtProcedure in
496
Closing rolls
498
Enrolled membersWhen entitled to allotment
499
Bill to be filed by Attorney General
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
Section Page 610 Preliminary provisions
530
General allotment of lands
531
AllotmentsSelection of for minors etc
532
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
Purchase of town lots
540
Public buildingsGrounds for
541
Authorizing surveys
542
Reservations
543
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
Noncitizen not to pay permit tax
551
Curtis Act except section 14 not to apply to Creeks
552
Prohibition
553
Section CHAPTER 1323 32 Stat 500 Page 657 Preamble to Supplemental Creek Agreement
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
CHAPTER 52
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
ecretary to sell certain tribal lands and property
589
Coal and asphalt lands reserved
590
Secretary to sell buildings and property of tribes
593
Disposition of tribal funds
594
Leases by fullblood allottees
596
LandsWhen subject to taxation
597
Authorizing alienation of inherited lands
598
WillsWhen may be made
599
Right of eminent domain conferred
600
Street improvements authorized
602
Taxation of railway property authorized
603
Tribal lands not to become public lands
604
Acts in conflict with repealed
605
CHAPTER 53
606
Secretary may continue to remove restrictions
607
Lease of allotted lands
608
Mineral leases
609
Conveyance etc before removal of restrictions declared void
610
Leases of lands of minors 012
612
United States not prohibited from bringing suits
613
Alienation of inherited landsContinued
614
Royalties from mineral leases
615
CONVEYANCES OF REAL ESTATE
618
To be proved or acknowledged before recorded
625
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
CHAPTER 57
640
DescentGeneral rule
641
DescentGeneral rule
642
CHAPTER 58
644
Widows dower in lands
645
Purchase money mortgage superior to dower
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
Renunciation When must be filed
651
Duty of heir to assign dower 632
652
When petition stands for hearingOrder thereon
653
Commissioners to be appointed and their duties 65+ 870 Report of commissioners 63+ 871 Proceedings on report
654
Of the crop growing on the land assigned as dower at wid ows death
655
CHAPTER 59
656
Allotments_By whom selected
657
AllotmentsPreference right in selection
658
Trust patent issue to allottees
659
Restrictions upon alienation
660
Lands ceded to be held for settlement
661
Allotment to religious society
662
Section Page
663
Act of June 21 1906 amending General Allotment Act
671
BLED IND 2D ED
673
Disposition of allotted lands held under trust patent
674
Secretary authorized to issue certificates of competency
677
Inalienable patents to issue to lots in Indian villages
681
Reports abolished
687
Deed to deceased grantor operates to vest title in heirs
693
United States attorneys may represent Indians in suits
699
Removal of restrictions on alienationAct of August
700
CHAPTER 64
706
975
713
CHAPTER 66
720
Taxation of lands allotted to the Kiowas Comanches
731
1
738
Division of land among members of the tribe
744
Ratification of selection where no contest pending
745
Second selection of land in allotment
746
Equal division of lands remaining after third selection
747
Certificate of competency lands taxable upon issuance
748
Land reserved for dwelling purposes may be sold under
749
Sale of government buildings with certain reservations
750
Continuation of Osage townsite commission
751
Moneys due Osages to be held as trust fund
752
Certain amount of royalties reserved for school purposes
753
Descent to be controlled by Oklahoma statute with cer tain exceptions
754
Deeds to allotted lands to be executed by principal chief and approved by Secretary of the Interior
755
Railway companies not to acquire any right to oil gas or other minerals under right of way
756
THE ACT OF APRIL 18 1912 SUPPLEMENTARY TO
757
CHAPTER 70
763
Annuities
766
Reservations
771
AGREEMENT WITH
776
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
839
Allotment patent of Choctaw and Chickasaw freedmen
840
Creek certificate of selection
841
Creek homestead certificate 813
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
625
862
713
867
714
877
771
880
INDEX Page 887
887
446
909
773
921
715
931
Allotments made by National Council accepted
955
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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...
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...
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.
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...
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.
Side 704 - An act for the relief and civilization of the Chippewa Indians in the State of Minnesota...
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...
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,...
Side 778 - ... the south half of the northwest quarter, and the north half of the southwest quarter of section...
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.

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