Driving stock Ibid. SEC. 2117. Every person who drives or otherwise con- to feed on Indian veys any stock of horses, mules, or cattle, to range and lands. 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 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- Ibid. 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 June 14, 1862, s., 427. 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 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 passing upon Indians. SEC. 2120. Whenever any person of Indian blood be- Indians longing to a band or tribe which receives or is entitled to fands of civilized receive annuities from the United States, and who has Ibid. 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 United as have been, or hereafter shall be, erected for the use of Mar. 3, 1843, 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 Ibid." chief for trespass. ings belonging to States. 5 S., 611. Sale of lands with buildings. Ibid. ⚫Penalties, how recovered. 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 4 S., 733. 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. 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. of 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). Proceeds of In The proceeds of all pasturage and sales of timber, coal, dian reservations or other product of any Indian reservation, except those to be covered into of the five civilized tribes, and not the result of the labor Treasury. 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 Stat., 96, 98). Provisions of to Indians. missions for en That such Indians as may now be located on public homestead laws 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 Fees and comno fees or commissions shall be charged on account of said tries excluded. entries or proofs. All patents therefor shall be of the legal effect, and declare that the United States does and Lands to be will hold the land thus entered for the period of twenty- United States. five 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. * * * * * held in trust by of Indian lands of 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 expands as authorized by the treaty or agreement providing for service. the disposition of the lands. thorized to allot 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 President au apart the same for their use, the President of the United land in severalty 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 Indians on reservations. Distribution. rata if lands insufficient. 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: Allotment pro- 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: Allotment by 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 speciAdditional al-fied in such treaty or act: And provided further, That fit for grazing 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. treaty or act not reduced. lotment of lands only. lotments. Selection of al- SEC. 2. That all allotments set apart under the provisions of this act shall be selected by the Indians, heads of families selecting for their minor children, and the agents shall select for each orphan child, and in such Improvements. manner as to embrace the improvements of the Indians making the selection. Where the improvements of two or more Indians have been made on the same legal subdivision of land, unless they shall otherwise agree, a pro 1 Section 1 amended by the act of Feb. 28, 1891, and by section 17 of the act of June 25, select in four of the Interior visional line may be run dividing said lands between them, and the amount to which each is entitled shall be equalized in the assignment of the remainder of the land to which they are entitled under this act: Provided, That On failure to if any one entitled to an allotment shall fail to make a years, Secretary selection within four years after the President shall direct may direct selecthat allotments may be made on a particular reservation, tion. the Secretary of the Interior may direct the agent of such tribe or band, if such there be, and if there be no agent, then a special agent appointed for that purpose, to make a selection for such Indian, which selection shall be allotted as in cases where selections are made by the Indians, and patents shall issue in like manner. be made by spe Indian agents. SEC. 3.1 That the allotments provided for in this act shall be made by special agents appointed by the Presi- Allotments to dent for such purpose, and the agents in charge of the cial agents and respective reservations on which the allotments are directed to be made, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and shall be certified by such agents to the Com- Certificates. missioner of Indian Affairs, in duplicate, one copy to be retained in the Indian Office and the other to be transmitted to the Secretary of the Interior for his action, and to be deposited in the General Land Office. reservations may SEC. 4.2 That where any Indian not residing upon a reservation, or for whose tribe no reservation has been Indians not on provided by treaty, act of Congress, or Executive order, ma ke selection shall make settlement upon any surveyed or unsurveyed of public lands. lands of the United States not otherwise appropriated, he or she shall be entitled, upon application to the local land office for the district in which the lands are located, to have the same allotted to him or her, and to his or her children, in quantities and manner as provided in this act for Indians residing upon reservations; and when such settlement is made upon unsurveyed lands, the grant to such Indians shall be adjusted upon the survey of the lands so as to conform thereto; and patents shall be issued to them for such lands in the manner and with the from the Treas restrictions as herein provided. And the fees to which Fees to be paid the officers of such local land office would have been en- ury. titled had such lands been entered under the general laws for the disposition of the public lands shall be paid to them, from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement of an account in their behalf for such fees by the Commissioner of the General Land Office, and a certification of such account to the Secretary of the Treasury by the Secretary of the Interior. Patents to SEC. 5. That upon the approval of the allotments pro-a vided 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 1 Section 3 amended by section 9 of the act of June 25, 1910. |