Page:United States Statutes at Large Volume 26.djvu/805

 orphan allottee as aforesaid shall not be subject to future inquiry, it is agreed that the age of each orphan allottee, under the age of Twenty-one (21) years shall be fixed and ascertained by the person making the allotment and reported by him to the Department of the Interior and such report of the age of any allottee shall be held and deemed conclusive in carrying out this agreement.

ARTICLE IV.  As a further and only additional consideration for the cession, conveyance, transfer, surrender and relinquishment of all title, claim and interest in and to the tract of land described in Article I hereof, the United States agrees to pay the Sac and Fox Nation, the Sum of Four Hundred and Eighty-five Thousand $(485,000) Dollars: Provided, the entire number of allotments hereunder shall not exceed Five Hundred and Twenty-eight (528) and should the allotments exceed in number Five Hundred and Twenty eight (528) then there shall be deducted from said sum of Four Hundred and Eighty-five Thousand $(485,000) Dollars, the sum of Two Hundred ($200) Dollars for each allotment in excess of said number.

Said sum of Four Hundred and Eighty-five Thousand ($485,000) Dollars shall be paid as follows: Three Hundred Thousand Dollars thereof shall be retained in the Treasury of the United States to the credit of the said Sac and Fox Nation, and bear interest at the rate of five per centum (5%) per annum&#151;which interest shall become due and payable on the first day of March in each year.

Five thousand ($5,000) Dollars thereof shall be paid to the United States Indian Agent at the Sac and Fox Agency, to be paid out and expended by him under the direction and authority of the National Council of the Sac and Fox Nation.

The residue of said sum of Four Hundred and Eighty-five Thousand Dollars shall be paid out in currency to the citizens of the said Sac and Fox Nation, per capita, at the Sac and Fox Agency in the Indian Territory, within three months after the ratification of this agreement by Congress, as follows: Each person over the age of Twenty-one years shall receive and receipt for his or her share thereof; each person that is married shall receive and receipt for his or her share thereof whether Twenty-one years of age or not.

The United States Indian Agent at the Sac and Fox Agency shall retain and pay out the share thereof, belonging to any insane or imbecile citizen of said Nation, for his or her sole use and benefit, either for necessary support or for the improvement of his or her land; the share thereof belonging to orphan children under Twenty-one years of age and un-married, shall be retained in the Treasury of the United States, until he or she shall marry or become Twenty-one years of age, when he or she shall be entitled to receive and receipt for the same at said Sac and Fox Agency, free of charge; or if the National Council shall at any time deem any orphan child capable of taking proper care of his or her money, said Council may make an order to that effect, upon which order being made the United States Indian Agent at said Sac and Fox Agency shall make requisition for such persons money, which at the ensuing annuity payment shall be paid to such person. It is the purpose and intention and agreement that no part of this fund shall ever pass under the control of any guardian appointed by or acting under any State or Territorial authority.

It is further agreed that no part of said sum of Four Hundred and Eighty-five Thousand Dollars shall be applied in payment of any claim preferred against said Sac and Fox Nation, alleged to have accrued prior to the ratification of this agreement.

ARTICLE V.  It is further agreed that the Department of the Interior, shall, as soon as practicable, after the ratification of this agreement by the Congress of the United States, send to said Sac and Fox Agency a competent corps of allotting agents and necessary assistants, to make, survey, designate and describe, the allotments herein provided for&#151; who shall give a notice in writing to the principal