erty shall be summoned to appear and answer the petition on the first day of the next term of the court.19 § 864. When petition stands for hearing-Order thereon.-[2607]. Upon a summons being served upon all who have an interest in the property ten days before the commencement of the term, the court may make an order for the allotment of dower in accordance with the law of dower.20 § 865. Constructive service.-[2608]. Parties interested may be constructively summoned as provided by law in other cases. § 866. Verification of pleading not required.-[2609]. No verification shall be required to the petition or answer. § 867. Who may be admitted to defend.-[2610]. If the petition is filed against infants, married women or persons of unsound mind, the guardian, committee or husband may appear and defend for them and protect their interests; and, if they do not, the court shall appoint some discreet person for that purpose.21 § 868. A party may contest right of petitioner by answer-Questions, how tried.-[2611]. If any person summoned, as provided in sections 2606 and 2607, desires to contest the right of the petitioner, or the statements in the petition, he shall do so by a written answer, and the questions of law and fact thereupon arising shall be tried and determined by the court upon the petition, answer, exhibits and other testimony.22 19 McWhirter v. Roberts, 40 Ark. 283; Livingston v. Cochran, 33 Ark. 296; Stidham v. Matthews, 29 Ark. 650; Rev. St. 1837, c. 52, § 32; Civil Code 1869, § 538; Burdette v. Burdette, 26 Okl. 416, 109 Pac. 922, 35 L. R. A. (N. S.) 964. 20 Rev. St. 1837, c. 52, § 39; Civil Code 1869, § 539; Hewitt v. Cox, 55 Ark. 225, 15 S. W. 1026, 17 S. W. 873; Neal v. Robertson, 55 Ark. 79, 17 S. W. 587. 21 Civil Code 1869, §§ 540, 543 and 548. 22 Rev. St. 1837, c. 52, § 37; Civil Code 1869, § 541. § 869. Commissioners to be appointed and their duties. -[2612]. The court shall, in all cases, when it orders and decrees dower to any widow, appoint three commissioners, of the vicinity, who shall proceed to the premises in question, and, by survey and measurement, lay off and designate, by proper metes and bounds, the dower of such widow in accordance with the decree of the court. § 870. Report of commissioners.-[2613]. Such commissioners shall make a detailed report of their proceedings to the next term of the court.2 28 § 871. Proceedings on report.-[2614]. Upon such report being returned the court may confirm or set the same aside, or remand it to the commissioners for correction. If approved by the court, said report shall be entered of record and be conclusive on the parties.2 § 872. Order when lands will not admit of division.[2615]. In cases where lands or tenements will not admit of division, the court, being satisfied of that fact, or on the report of the commissioners to that effect, shall order that such tenements or lands be rented out, and that one-third part of the proceeds be paid to such widow, in lieu of her dower in such lands and tenements.25 § 873. Widow may recover and defend possession of her dower. [2616]. If the land assigned and laid off to any widow be deforced from her possession, she shall have her action for the recovery of possession thereof, with double damages for such deforcement; or she may sue for the damages alone, and recover double the actual damages sustained, from time to time, until she be put in possession of her dower, held by such deforcer or detainer. § 874. Heir's alienation of land not to affect widow's dower. [2617]. If the heir alien lands of which a widow 28 Rev. St. 1837, c. 52, §§ 40, 41. 24 Rev. St. 1837, c. 52, § 41; Civil Code 1869, § 545. 25 Rev. St. 1837, c. 52, § 42. is entitled to dower, she shall still be decreed her dower in such lands so aliened, in whose hand soever the land may be. § 875. Of the crop growing on the land assigned as dower at widow's death.-[2618]. A widow may bequeath the crop in the ground of the land held by her in dower at the time of her death. If she die intestate, it shall go to her administrator.26 § 876. Costs to be apportioned, etc.-[2619]. The cost of allotting dower shall be apportioned among the parties in the ratio of their interests, and the costs arising from any contest of fact or law shall be paid by the party adjudged to be in the wrong.27 26 Rev. St. 1837, c. 52, §§ 21-32, 46-49. 27 Civil Code 1869, § 547. CHAPTER 59 GENERAL ALLOTMENT ACT APPROVED FEBRUARY 8, 1887 (CHAPTER 119, 24 STAT. 388) § 877. An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the territories over the Indians, and for other purposes. 878. 879. 880. 881. 882. 883. 884. 885. 886. 887. 888. 889. Allotments-By whom selected. Allotments-Preference right in selection. Allotments-By whom made. Allotments may be selected out of public land. Restrictions upon alienation. Descent and partition. Secretary authorized to purchase reservations. Lands ceded to be held for settlement. Patents to settlers. Allotment to religious society. 890. Allottees subject to laws of state or territory. 891. Allottees become citizens of the United States. 892. 893. 894. Irrigated land. Certain tribes excepted from provision of act. 895. Eminent domain-Right to grant reserved. § 877. An act to provide for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the territories over the Indians, and for other purposes.-Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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, to be surveyed, or resurveyed if necessary, and to allot the lands in said reservation in severalty to any Indian located thereon in quantities as follows: To each head of a family, one-quarter of a section; To each single person over eighteen years of age, oneeighth of a section; To each orphan child under eighteen years of age, oneeighth of a section; and To each other single person under eighteen years now living, or who may be born prior to the date of the order of the President directing an allotment of the lands embraced in any reservation, one-sixteenth of a section: Provided, that in case there is not sufficient land in any of said reservations to allot lands to each individual of the classes above named in quantities as above provided, the lands embraced in such reservation or reservations shall be allotted. to each individual of each of said classes pro rata in accordance with the provisions of this act: And provided further, that where the treaty or act of Congress setting apart such reservation provides for the allotment of lands in severalty in quantities in excess of those herein provided, the President, in making allotments upon such reservation, shall allot the lands to each individual Indian belonging thereon in quantity as specified in such treaty or act: And provided further, that when the lands allotted are only valuable for grazing purposes, an additional allotment of such grazing lands, in quantities as above provided, shall be made to each individual.1 § 878. Allotments-By whom selected.-[2]. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for 1 Fairbanks v. United States, 223 U. S. 216, 32 Sup. Ct. 292, 56 L. Ed. 409; Bowling v. United States, 191 Fed. 19, 111 C. C. A. 561; Leecy v. United States, 190 Fed. 289, 111 C. C. A. 254. BLED.IND.(2D ED.)-42 |