Page:United States Statutes at Large Volume 26.djvu/804

 stead entry under the laws of the United States&#151;but shall remain as it now is and kept for school and farming purposes, so long as said Sac and Fox Nation shall so use the same,&#151;Provided however, that at the time allotments are being taken, as hereinafter provided for, the National Council of said Sac and Fox Nation may release from the operation of this part of the agreement one or more quarters of said school section of land and such part or parts so released, shall thereby become subject to allotment hereunder, or to homestead entry. And for each quarter of said school section so released, the said National Council shall have the right to select anywhere in said Reservation another quarter section of land, except in Section Sixteen (16) and Section Thirty-six (36) of any Congressional Township&#151;to be held as said school section is provided herein to be held,&#151;so long as said Sac and Fox Nation shall use the same for school purposes or for farming purposes in connection with this said school.

ARTICLE II.  In consideration of the cession, conveyance, transfer, surrender and relinquishment by said Sac and Fox Nation of all of their title, claim and interest, of every kind and character in and to the lands described in the preceding Article, the United States of America hereby agrees with said Sac and Fox Nation that each and every citizen thereof over the age of Eighteen (18) years shall have the right to select for himself one fourth of a section of land in one body, in a square form, to conform in boundaries to the legal surveys, anywhere in the tract of country hereinbefore described, except in Sections Sixteen (16) and Thirty-six (36) in each Congressional Township and said one quarter section of land where said Agency is located and said school section or other lands selected in lieu thereof.

The father of any child, or if the father be dead, the mother, shall have the right to select for each of his or her children, under Eighteen (18) years of age, one quarter section of land, in one body, in a square form, under the same restrictions, only as above provided for citizens over the age of Eighteen (18) years. If there shall be a child under Eighteen (18) years of age, and having neither father nor mother, then the agent for the time being, at said Sac and Fox Agency, shall select for such child the same amount of land, under the same restrictions and limitations, as are above provided for other children.

ARTICLE III.  It is further agreed that when the allotments to the citizens of the Sac and Fox Nation are made, the Secretary of the Interior shall cause patents to issue therefor in the name of the allottees which patent shall be of the legal effect and declare that Eighty (80)

acres of land to be designated and described by the allottee, his or her agent as above provided, at the time the allotment is being made, shall be held in trust by the United States of America, for the period of Twenty-five years, for the sole use and benefit of the allottee, or his or her heirs, according to the laws of the State or Territory where the land is located; and that the other Eighty (80) acres shall be so held in trust by the United States of America for the period of five (5) years, or if the President of the United States will consent, for fifteen (15) years for like use and benefit; and that at the expiration of the said periods respectively the United States will convey the same by patent to said allottee, or his or her heirs as aforesaid, in fee, discharged of said trust and free from all incumbrances; Provided, that in no case shall a patent in fee be issued to a person who is an orphan at time allotment is made and un-married, until he or she shall have arrived at the age of Twenty-one (21) Years or shall marry. In order that the question of the age of any