Page:United States Statutes at Large Volume 25.djvu/936

 FIFTIETH CONGRESS. Sess. II. Ch. 405. 1889. 89] to which they may be entitled to them in one tract, and to be held rs use eszmtma t. t Ec. . a a a 0 men s se apart under the rovisions of this S°l°°*i°PS *0 be act shall be selected by the Indians, heads of families selecting for mm°byPdms` their minor children, and the agents shall select for each orphan . child, and in such 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 provisional line ma 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 if any mmm. one entitled to an allotment shall fail to make a selection within live S°l¤¢¤i.<>¤e ¤> M years after the President shall direct that allotments may be made l;;:;? wm`"` n" on a particular reservation, 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 urpose, 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: Provided, That these sections as to the allotments shall not be compulsory without the consent of the majorit Nm eompmsory. of the adult members of the tribe, except that the allotments shall be made as rppovided for the orphans. ‘ Sec. 10. at the allotments provided for in this act shall be made Sgeclpl ¤z¤¤=¤ w by special agents appointed by the President for such purpose, and ma °° °tm°”°S‘ the agents in charge of the resfpective reservations on which the allotments are directed to be ma e, 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 Commissioner of Indian Afairs, in duplicate, one ecépy to be retained in the Indian Office and the other to e transmitt to the Secretary of the Interior for his _ action, and to be deposited in the General Land Onice. Sec. 11. That upon the approval of the allotments provided for in **¤*·=¤*¤¤>¤¤¤¢· this act gby the Secretary o the Interior, he shall cause atents to issue therefor in the name of the allottees, which patents 51all be of the legal effect, and declare that the United States does and will hold the lands thus allotted for the period of twenty-five years, in trust for t Lands held in u-use the sole use and benefit of the Indian to whom such allotment shall °""°“"`°“’ "”"· have been made, or, in case of his decease, of his heirs according to the laws of the State or Territory where such land is located, and that at the expiration of said period the United States will convey the same by patent to said Indian, or his heirs, as aforesaid, in fee, discharged ot said trust and free of all charge or iucumhrance whatsoever, and patents shall issue accordingly. And each and every al~ lottee under this act shall be entitled to all the rights and privileges emgnsnip. em. and be subject to all the provisions of section six of the act approved °L ‘“· "· “’°· February eighth, eighteen hundred and eighty-seven, entitled "Au 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." Provirled, That the President of the United States may P»·<·vi¢·¤—·¤· m any case, in his discretion, extend the period by a term not excee - miidxteuuing trust pe ing ten years; and if any lease or conveyance shall he made of the ' lands set apart and allotted as herein provided. or any contract made touching the same, before the expiration of the time above mentioned. such lease or conve ance or contract shall be absolutely null and void: Provided furtlie r, That the law of descent and partition in force in the State or Territory where the lands may be situated shall iastate or rewuelry a xplv thereto after patents therefor have been executed and delivered. ,c§,',,,f‘§,,,Q°*""·“‘° "‘ Flicli of the iatents aforesaid shall be recorded in the General Land Ollice, and aniterward delivered, free of charge, to the allottee entitled thereto.