INDIAN HOMESTEADS, ALLOTMENTS, AND RESERVATIONS. For rights of way through Indian reservations, see "Rights of Page. way" Revised Statutes, Sec. 2093--Disposal of Indian lands. Protection.. Act of March 3, 1875 (18 Stat., 420)-Homestead entry by Act of March 3, 1883 (22 Stat., 590)-Proceeds of reservations.. Act of October 19, 1888 (25 Stat., 612)-Indian may surrender 287 120 120 122 123 123 124 128 Act of February 16, 1889 (25 Stat., 673)—Disposal of dead timber. 129 129 Act of March 3, 1893 (27 Stat., 631)-Costs in legal contests- 131 Act of August 15, 1894 (28 Stat., 305)-Leases. 132 132 Act of February 6, 1901 (31 Stat., 760)—Actions in court to determine right where allotment is denied... 132 Act of May 27, 1902 (32 Stat., 275)-Inherited lands may be conveyed in fee 133 Act of May 31, 1902 (32 Stat., 284)-State statutes of limitations applicable in suits for profit of lands patented in severalty to Indians... 134 Act of June 19, 1902 (32 Stat., 744)-Allotments in severalty outside of Indian Territory 134 Act of April 23, 1904 (33 Stat., 297)-Errors in allotments and patents to be corrected 135 135 Act of May 8, 1906 (34 Stat., 182)-Citizenship-Patents.... Act of June 21, 1906 (34 Stat., 326, 327)—Restrictions on alienation-Lands not liable for prior debts-Trust funds-Sales within reclamation projects 137 Act of March 1, 1907 (34 Stat., 1016, 1018)—Payment of taxes- 138 Act of May 29, 1908 (35 Stat., 444)-Sale on petition of al- 138 139 141 142 Act of December 21, 1911 (37 Stat., 46)-Jurisdiction of Indian allotment suits.. 149 Act of June 6, 1912 (37 Stat., 125)-Classification and appraisement of unallotted lands 150 119 Act of February 14, 1913 (37 Stat., 678)- Disposal of allotments, Page. trust moneys, etc., by will. Disposal of proceeds of sales of Indian lands. 135. 152 150 Ute Indian lands, Colorado-Act of June 15, 1880 (21 Stat., 203)— Act of February 20, 1895 (28 Stat., 678)- Surplus lands subject Act of June 13, 1902 (32 Stat., 384)--Subject to free homesteads. Act of June 27, 1902 (32 Stat., 400)-Timber lands to be opened to Act of May 23, 1908 (35 Stat., 268)-Lands subject to home- Acts of Congress providing for disposition of surplus lands in UNITED STATES REVISED STATUTES. 152 153 153 154 154 155 155 SEC. 2093. All moneys received from the sales of lands that have been or may be hereafter, ceded to the United Jan. 9, 1837,58., States by Indian tribes, by treaties providing for the 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. Survey of In dian reservations. 13 S., 41. * * * * * SEC. 2115. Whenever it becomes necessary to survey Apr. 8, 1864, any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the General Land-Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. Purchases or grants from Indi ans. S., 730. SEC. 2116. No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any June 30, 1834, 4 Indian nation or tribe of Indians, shall be of any validity 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. Driving stock SEC. 2117. Every person who drives or otherwise con- to Do Indian veys any stock of horses, mules, or cattle, to range and lands. Ibid. 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 surveying lands Ibid. SEC. 2118. Every person who makes a settlement on any lands belonging, secured, or granted by treaty with belonging to Inthe United States to any Indian tribe, or surveys or at- dians by treaty. 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. of Indians desiring SEC. 2119. Whenever any Indian, being a member of Protection any band or tribe with whom the Government has or shall civilized life. have entered into treaty stipulations, being desirous to 12 s., 427. 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. tres Indians passing upon Ibid. of civilized Indians. SEC. 2120. Whenever any person of Indian blood belonging 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. SEC. 2121. Whenever such trespasser as is mentioned 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. SEC. 2122. The Secretary of the Interior is authorized, Sale of buildto cause all such buildings belonging to the United States the as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold whenever the lands on which the same are erected have become the Suspension of chief for trespass Thid. ings belonging to States. Sale of lands with buildings. Ibid. Penalties, how recovered. S., 733. 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 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 June 30, 1834, Title shall be sued for and recovered in an action in the nature of an action of debt, in the name of the United 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. Proceedings against goods. Ibid. Y Certain Indians entitled to benefit of homestead. SEC. 2125. When goods or other property shall be seized for any violation of this Title, it shall be lawful for 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 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 Extract from the deficiency appropriation act approved March 3, 1875 (18 Stat., 420). SEC. 15. That any Indian born in the United States, who is the head of a family, or who has arrived at the age 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 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 incumbrance title. homesteader in order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor: Provided, That any such Indian shall be en- Interest of titled to his distributive share of all annuities, tribal tribal property. 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., 590). The proceeds of all pasturage and sales of timber, coal, or other product of any Indian reservation, except those 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 Proceeds of Into be covered into dian reservations Treasury. Provisions of homestead laws to Indians. Fees and comtries excluded. missions for en That such Indians as may now be located on public lands, or as may under the direction of the Secretary of made applicable 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 thereof as may be necessary, is hereby appropriated; but no fees or commissions shall be charged on account of said entries or proofs. All patents therefor shall be of the legal effect, and declare that the United States does and 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. * Lands to be United States. held in trust by of Indian lands SEC. 10. That no part of the expenses of the public Proceeds of sale lands service shall be deducted from the proceeds of In- not applicable dian lands sold through the General Land Office, except to expenses of as authorized by the treaty or agreement providing for service. the disposition of the lands. of public lands |