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render a decree in behalf of the United States against the patentee, corporation, company, person, or association of persons for whose benefit the certification was made for the value of the land as hereinbefore provided. Any bona fide purchaser of lands patented or certified to a railroad company, and who is not made a party to such suit, and who has not submitted his claim to the Secretary of the Interior, may establish his right as such bona fide purchaser in any United States court having jurisdiction of the subject-matter, or at his option, as prescribed in sections three and four of chapter three hundred and seventy-six of the acts of the second session of the Forty-ninth Congress.

Establishing rights of parties.

chasers to be in

SEC. 3. That if at any time prior to the institution of Claims of pursuit by the Attorney-General to cancel any patent or vestigated. before certification of lands erroneously patented or certified a cancel patent. entering suit to claim or statement is presented to the Secretary of the Interior by or on behalf of any person or persons, corporation or corporations, claiming that such person or persons, corporation or corporations, is a bona fide purchaser or are bona fide purchasers of any patented or certified land by deed or contract, or otherwise, from or through the original patentee or corporation to which patent or certification was issued, no suit or action shall be brought to cancel or annul the patent or certification for said land until such claim is investigated in said Department of the Interior; and if it shall appear that such person or corporation is a bona fide purchaser as aforesaid, or that such persons or corporations are such bona fide purchasers, then no such suit shall be instituted and the title of such claimant or claimants shall stand confirmed; but the Secretary of the Interior shall request that suit be brought in such case against the patentee, or the corporation, company, person, or association of persons for whose benefit the patent was issued or certification was made for the value of the land as hereinbefore specified.

Approved, March 2, 1896 (29 Stat., 42).

Extract from the legislative appropriation act approved March 2, 1895

(28 Stat., 807).

ents may be by

SEC. 3. The engrossing and recording of patents for Engrossing pat public lands may be done by means of typewriters or typewriters. other machines, under regulations to be made by the Secretary of the Interior and approved by the President.

Occupants of

cases.

DISPOSSESSED OCCUPANTS.

An Act For the benefit of occupying claimants.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Dispossessed That when an occupant of land, having color of title, in lands to have rem- good faith has made valuable improvements thereon, and edies in certain is, in the proper action, found not to be the rightful owner thereof, such occupant shall be entitled in the Federal courts to all the rights and remedies, and, upon instituting the proper proceedings, such relief as may be given or secured to him by the statutes of the State or Territory where the land lies, although the title of the plaintiff in the action may have been granted by the United States after said improvements were so made. Approved, June 1, 1874 (18 Stat., 50).

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.

Secs. 2115-2126-Survey-Purchases of Indian lands-Trespass

Protection.

Act of March 3, 1875 (18 Stat., 420)-Homestead entry by
Indians-Alienation of title.

Act of March 3, 1883 (22 Stat., 590)-Proceeds of reservations..
Act of July 4, 1884 (23 Stat., 96, 98)-Homestead laws made
applicable to Indians No expenses of public-lands service
to be paid from proceeds of Indian lands..
Act of February 8, 1887 (24 Stat., 388)-Allotments-Lands
purchased from Indians and not allotted to be held for settlers-
Trust patents-Religious organizations-Preference for police-
Citizenship Irrigation-Rights of way..

Act of October 19, 1888 (25 Stat., 612) Indian may surrender
patent and select other land.

287

120

120

122

123

123

124

128

Act of February 16, 1889 (25 Stat., 673)-Disposal of dead timber.
Act of February 28, 1891 (26 Stat., 794)-Allotments Leases
where allottee disabled-Selection of public land-Fees-
Determination of descent.

129

129

Act of March 3, 1893 (27 Stat., 631)-Costs in legal contests-
District attorneys to represent Indians.

131

Act of August 15, 1894 (28 Stat., 305)-Leases.
Act of June 7, 1897 (30 Stat., 85)-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

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

135

137

Act of March 1, 1907 (34 Štat., 1016, 1018)-Payment of taxes-
Sale of allotment of noncompetent Indian

138

Act of May 29, 1908 (35 Stat., 444)—Sale on petition of al-
lottee Minors-Fee simple title to heirs-Use of proceeds...
Act of March 3, 1909 (35 Stat., 781, 783, 798, 814)-Grant of
lands within Indian reservations to railroads Allotments on
public domain-Lease of mineral lands-Exchange of lands
unsuitable for allotment-Irrigation-Religious organizations.
Act of May 6, 1910 (36 Stat., 349)-Grants to railroads...
Act of June 25, 1910 (36 Stat., 855)-Disposal of trust allot-
ment of intestate Indian-Disposal by will-Unlawful to in-
duce conveyances-Sale of timber-Allotments by special
agents-Allottees dying without heirs-Power sites-Rights
of way-Allotments-Chippewa timber-Allotments in na-
tional forests

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...

150

Ute Indian lands, Colorado-Act of June 15, 1880 (21 Stat., 203)-
Lands not allotted to be disposed of-Proceeds...
Act of July 28, 1882 (22 Stat., 178)-Uncompahgre and White
River Ute lands.

152

152

Disposal of pro

ceeds of sales of Indian lands.

135.

Act of February 20, 1895 (28 Stat., 678)-Surplus lands subject
to public land laws, but homesteaders required to pay $1.25

per acre

Act of June 13, 1902 (32 Stat., 384) Subject to free homesteads.
Chippewa agricultural lands-Act of January 14, 1889 (25 Stat.,
642) Sale of agricultural lands under homestead laws at $1.25
per acre.

Act of June 27, 1902 (32 Stat., 400)—Timber lands to be opened to
homestead entry after sale of timber...

Act of May 23, 1908 (35 Stat., 268)-Lands subject to home-
stead entry at $1.25 per acre..

Acts of Congress providing for disposition of surplus lands in
certain Indian reservations..

UNITED STATES REVISED STATUTES.

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 8., 41.

[blocks in formation]

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.

8., 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.

to feed on Indian

Ibid.

SEC. 2117. Every person who drives or otherwise con- Driving stock 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.

Indians.

id.

tres

SEC. 2120. Whenever any person of Indian blood be- Indians passing upon longing to a band or tribe which receives or is entitled to fands of civilized 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 ascertam 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.

Suspension of

chief for trespass.

Ibid.

States.

Mar. 3, 1843,

SEC. 2122. The Secretary of the Interior is authorized Sale of buildings belonging to to cause all such buildings belonging to the United States the United 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

Mar. 3, 5 S., 611.

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