Page:United States Statutes at Large Volume 31.djvu/915

 F IFTY-SIXTH CONGRESS. Sess. 11. Ch. 676. 1901. 86:5 arising from all sources whatsoever, and he shall not receive any further distribution of propertv or funds of the tribe until all other citizens have received lands and money equal in value to his allotment. If any citizen select lands the appraised value of which is in excess of such standard value, he may pay the overplus in money, but if he fail to do so, the same shall be charged against him in the future distribution of the funds of the tribe arising from all sources whatsoever, and he shall not receive an * further distribution of pro erty or funds until all other citizens shall have received lands and fundls equal in value to his allotment; and if there be not sufficient funds of the tribe to make the allotments of all other citizens of the tribe equal in value to his, _then the surplus shall be a lien upon the rents and profits of his allot- _ ment until paid. _ 4. Allotment for any minor may be selected by his father, mother, u5}§}°l,§§§f“‘°b§$. T; or guardian, in the order name, and shall not be sold during his l°°“=d· minority. All guardians or curators appointed fOl' minors and incompetents shall be citizens. Allotments may be selected for prisoners, convicts, and aged and infirm persons by their duly appointed agents, and for incompetents by uardians, curators, or suitable persons akin to them, but it shall be fine duty of said commission to see that such selections are made for the best interests of such parties. _ 5. If any citizen have in his possession, in actual cultivation, lands m°§f,}§,°}‘,§’,‘,§, §,§c€*;L§QFé in excess of what he and his wife and minor children are entitled to h<>1di¤zS· take, he shall, within ninety days after the ratification of this agreement, select therefrom allotments for himself and family aforesaid, _ _ _ and if he have lawful improvements upon such excess he may dispose ;,’§§,§’fg§gf‘ °f ‘m‘ of the same to any other citizen, who may thereupon select lands so as to include such improvements; but, after the expiration of ninety days from the ratification of this agreement, any citizen may take any lands not already selected by another; but if lands so taken be in actual cultivation, having thereon improvements belonging to another citizen, such improvements shall be valued by the appraisement committee, and the amount paid to the owner thereof by the allottee, and the same shall be a lien upon the rents and proiits of the land until paid: Pmgided, That the owner of improvements may remove the same if he esires. 6. All allotments made to Creek citizens by said commission prior to 001;%%*;*;, *g{_°°*¤€**'—* the ratiiication of this agreement, as to which there is no contest, and` which do not include public property, and are not herein otherwise affected, are confirmed, and the same shall, as to appraisement and all things else, be governed by the provisions of this agreement; and said commission shall continue the work of allotment of Creek lands to citizens of the tribe as heretofore, conforming to lprovisions herein; and all controversies arising between citizens as to their right to select certain tracts of land shall be determined by said commission. 7. Lands allotted to citizens hereunder shall not in any mannerwhat- f,§§}‘;,‘§,,‘{;§,“(§,b$’;€mp‘ soever, or at any time, be incumbered, taken, or -sold to secure o1· satisfy any debt or obligation contracted or incurred rior to the date of the deed to the allottee therefor and such lands sl:all)not be alienable by the allottee or his heirs at any time before the expiration of live years from the ratification of this agreement, except with the approval of the Secretary of the Interior. Each citizen shall select from his allotment forty acres of land as a abI§,‘f'”°S‘°“" “"‘“°“‘ homestead, which shall be nontaxable and inalienable and free from any incumbrance whatever for twent.y-one *ears, for which he shall _ have a separate deed, conditioned as above: fjvovided, That selections  sw_,h0mc of homesteads for minors, prisoners, convicts, incompetents, and aged Smd-. and infirm persons, who can not select for themselves, may be made in the manner herein provided for the selection of their allotments; and