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

Interpretation of Indian Treaties agreements and legis	9

CHAPTER 48	14

Choctaws and Chickasaws	16

Occupancy of tribal lands other than those of the Five	22

Section Page 21 Choctaws and Chickasaws	27

Creeks	29

Seminoles	30

Surplus allotmentsAlienation of permitted	485

Excessive holdings prohibited	486

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

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

Opphavsrett

Vanlige uttrykk og setninger

acres Act of April adult agreement alienation Allotment Act allotted lands allottee amendment applicable appointed appraised approval April 26 authority chapter Cherokee Choctaw and Chickasaw citizens Commission Congress contained convey conveyance court Creek deceased deed descent determine direct effect enrollment entitled executed expiration Five Civilized Tribes force freedmen given guardian heirs held homestead hundred improvements Indian blood Indian Territory interest Interior issue June jurisdiction lands allotted lease legislation less limits lots manner March ment minor necessary notice Oklahoma operate otherwise patent period person prescribed prior probate proceedings purchase real estate records regulations removed restrictions restrictions on alienation rolls rules Secretary selected sell Seminole sold Stat statute subsequent Supreme Court surplus thereof tion town townsite tribal trust United

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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