Page:United States Statutes at Large Volume 30.djvu/536

 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 517. 1898. 497 Sec. 6. That the summons shall not issue in such action until the Chief of tribe ew-. chief or governor of the tribe, or person or persons bringing suit in t° m° °°mpl°"'t‘ °°°‘ his own behalf, shall have filed a sworn complaint, on behalf of the tribe or himself, with the court, which shall, as near as practicable, describe the premises so detained, and shall set forth a detention without { the consent of the person bringing said suit or the tribe, by one whose membership is denied by it: Provided, That if the chief or governor Pmviw _ refuse or fail to bring suit in behalf of the tribe then any member of `r°f"““1°’ f“‘l“"" the tribe may make complaint and bring said suit. Sec. 7. That the court in granting a continuance of any case, par- ofB°¤d¤¤¤¤¤¢i¤¤¤¤¤¤ ticularly under section three, may, in its discretion, require the party °°°°` applying therefor to give an undertaking to the adverse party, with good and SHmClBDh,S€0HTlhl0S, to be approved by the judge of the court, conditioned for the payment of all damages and costs and defraying the rent which may accrue if judgment be rendered against him. — Sec. 8. That when a judgment for restitution shall be entered by the m·L*;•;s¤·¤¤* for mticourt the clerk shall, at the request of the plaintiff or his attorney,issue _ ' a writ of execution thereon, which shall command the proper officer of "”“°"°° °‘ Wmthe court to cause the defendant or defendants to be forthwith removed and ejected from the premises and the plaintiff given complete and undisturbed possession of the same. The writ shall also command the said officer to levy upon the property of the defendant or defendants subject to execution, and also collect therefrom the costs of the action —<=¤¤t¤.<>¢¤- and all accruing costs in the service of the writ. Said writ shall be executed within thirty days. Sec. 9. That the jurisdiction of the court and municipal authority of p0’§_,:f*¤;;;* °(ffPggi¤r·; the city of Fort Smith for police purposes in the State of Arkansas is smut `to co11tig`ud)us hereby extended over all that strip of land in the Indian Territory lying {§r’;,f*· I“‘““°"'*· and being situate between the corporate limits of the said city of Fort Smith and the Arkansas and Poteau rivers, and extending up the said Poteau River to the mouth of Mill Creek; and all the laws and ordinances for the preservation of the peace and health of said city, as far as the same are applicable, are hereby put in force therein: Provided, §~>v¢w- _ That no charge or tax shall ever be made or levied by said city against levimax °"t"b°°°b° said land or the tribe or nation to whom it belongs. Sec. 10. That all actions for restitution of possession of real property a05f;:; f:’i¤j¤;.ylg¤¤¤ under this Act must be commenced by the service of a summons within or real p§>;»i•.;-iid; two years after the passage of this Act, where the wrongful detention '·‘°°°"“”°”°°*‘- or possession began prior to the date of its passage; and all actions which shall be commenced hereafter, based upon wrongful detention or possession committed since the passage of this Act must be commenced within two years alter the cause of action accrued. And nothing in °u*;°Flgg? *0* *°*°“*l• this Act shall take away the right to maintain an action for unlawful " ' and forcible entry and detainer given by the Act of Congress passed "¤l·2*’·P·95· May second, eighteen hundred and ninety (Twenty-sixth United States Statutes, page ninety-five). Sec. 11. That when the roll of citizenship of any one of said nations A“°*'”°¤*°· or tribes is fully completed as provided by law, and the survey of the lands of said nation or tribe is also completed, the commission heretofore appointed under Acts of Congress, and known as the "Dawes Commission," shall proceed to allot the exclusive use and occupancy of the surface of all the lands of said nation or tribe susceptible of allotment among the citizens thereof, as shown by said roll, giving to each, so far as possible, his fair and equal share thereof, considering the nature and _ fertility of the soil, location, and value of same; but all oil, coal, asphalt, g;‘§,‘§§,§'§“°““ { '°“‘ and mineral deposits in the lands of any tribe are reserved to such tribe, and no allotment of such lands shall carry the title to such oil, coal, asphalt, or mineral deposits; and all town sites shall also be reserved to the several tribes, and shall be set apart by the commission heretofore mentioned as incapable of allotment. There shall also be reserved Irom allotment a sufficient amount of lands now occupied by churches, schools, parsonages, charitable institutions, and other public buildings vo:. xxx-32