Page:United States Statutes at Large Volume 17.djvu/253

 FORTY—SECON D CONGRESS. Sess. II. Ch.261, 262. 1872. 213 repeal this act at any time, having due regard to the rights of said company. Approved, June 1, 1872. CHAP. CCLXII.—An Act to authorize the Secretary of the Interior tomake Partition June 1 1812, of the Reservation tc Me-shin—go-me—sia, a Miami Indian. **;**1 Bc it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the partition to be Interior be, and he is hereby, authorized and directed, on written applica- ¤¤¤d¤_<>F the restion of the chief of said band being first filed in his 0iHce, to cause ‘;§;";”;;;’$-st partition to be made of the reservation in trust for the band of Me·shin— Ms-snmgo-nw. go-me-sia, of ten sections of land made by the seventh article of the treaty sia- _, between the United States and the Miami tribe of Indians, entered into V°1' V"' p' 58E" 011 the twenty-eighth day of November, eighteen hundred and forty, and . by the Senate amendment thereto; and the United States hereby release mggégligw to said band all right of purchase of said reservation. The expenses of Espenses of said partition to be paid by said band, and the amount to be deducted by p°"`°‘“°“‘ the Secretary of the Interior from any annuities or other moneys due or to become due the several persons to whom partition shall be made: Provided, That any costs or expenses made by claimants who shall not be found entitled to share in said lands shall not be a lien thereon, but shall be paid by said claimants, to be retained by said Secretary, out of any moneys that may be due or become due them from the United States: And provided further, That if from any cause the chief of said band shall If chief fans to fail to make said written application within six months next after the pas- ¤[¤¤k¢ ¤pHli¢¤· sage of this act any person or persons interested in said lands may make °’°°’ wm ‘°’ &°' the same. Sec. 2. That the Secretary of the Interior shall ascertain, by name, Names of what persons constituted the band of Me-shin-go-me-sia on the twenty- §gQ‘l’;gS f§4g““£· eighth day of November, ann0_Domini eighteen hundred and forty, and be ascertained, then shall proceed to make partition of said reserved land per capita, ¤¤*l1Pmi¤i¤¤_ share and share alike in value, to the survivors of said band, and to their Q:"'"' descendants, and to descendants of those who were members of said band at said date, but who have since deceased. He shall also include in said partition-list those persons of Miami blood not of said band, but who have Certain per-_ intermarried with a member of said band, and who may be living at the ig”€c*;;€{**é°$*9d date of said partition. In making said partition-lists the Secretary of the HSL ° u m Interior is authorized to take or cause to be taken such testimony as he may deem necessary with the information now in his office, to enable him to discharge his duties under this act. Such testimony may be taken t 'I{)°S“¤l;<>¤Y how before any person authorized to take and certify depositions under the ° Bw m' law of the State of Indiana. The testimony to be taken on said reservation. SEO. 3. That in the partition of said reservation the homes and im- H°'“°S ’;“dimprovements of the several persons entitled under section two of this act Pmvemm S` shall be set apart to the occupants as far as can be done in justice to all the parties in interest, the value of said improvements not in any case to Value of imbe estimated where the same shall be on land awarded to the person who PY°"°’“°”tS· made or caused them to he made, the corners of the several tracts to be distinctly marked and witnessed, and a record kept thereof and filed in the office of the Secretary of the Interior; and certified copies thereof and Copies tobe of the lists so made, as heretofore provided, to be forwarded to and filed ;‘;’;E::n':‘;m°” in the offices of the auditors of Grant and Wabash counties, in the State wai,,,,;, com,. of Indiana, where said land lies. The Secretary of the Interior shall, so ties. Indianasoon as said partition is made, cause patents to issue to the several per- _ Pmnis °° sons to whom partition is made under this act, conveying in fee to each lsSu°' the tract of land so set apart to him or her, which shall entitle the owner thereof to the use, occupancy, and control of the same against all claims whatsoever: Provided, That after the date_ of partition the said lands Afwrpurtitinn.