Page:United States Statutes at Large Volume 32 Part 1.djvu/703

 FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1361. 1902. 637 first, 1902, to persons whose names were on said roll on December first, 1901, is hereby declared to be the roll` of said tribe, and to constitute the legal membership of said tribe, and the lands and money of said tribe shall be divide among the members of said tribe, as shown by the roll made up, as directed herein, and the lands and moneys of said tribe shall be divided among said members as hereinafter provided. Sec. 2. All lands belon ing to said Kansas or Kaw tribe of Indians Divl¤i<>¤ of tribal located in the Territory of Oklahoma, except as herein provided, shall mn be divided among the members of said tribe, giving to each his or her fair share thereof, in acres, as follows: · First. There shall be set aside to each member of said tribe, as shown Aiivtmewiuouwxby the roll of membership December first, 1901, and their descendants am and ma i°°°bl°' born between that date and December first, 1902, one hundred and sixty (160) acres of land for an homestead, which shall be nontaxable Periodand inalienable for the period of twenty-five years from the first day of January, 1903, except as hereinafter provided. Where the mem- tS¤£<=¢i¤¤ of ¤<>r¤¤- bers of said tribe have already selected their homesteads of one hun- S °°° ` dred and sixty acres, the same are hereby confirmed, and the members who have not selected their homesteads shall do so within thirty days after the ratification of this a reement; and if any member fails to make such selection within said time, then it shall be the duty of the United States Indian agent in char of said tribe to make the selection _ for such member or members: Iggwided, That selections of home- {§‘{,‘§f,?’f’;,m_ steads for minors shall be made by his or her parents, and the selections of homesteads for others than minors, who are unable for any reason to make their selections,, shall be made by the United States Indian agent in charge of said tribes: firovidedfurther, That in case mQ§‘,Q;‘§f,’j1b°m°‘*°' there are any children born to members of said tribe between the ` · ratification of this agreement and the first day of December, 1902, selection shall be made for them within thirty days after their birth, and all selections must be made on or before January first, 1903. Second. After each member has selected his or her homestead the mgklgtgaggst Of W remaining lands in Oklahoma Territory belonging to said tribe, except g ` as herein provided, shall be divided equally, in acres, among said members, giving to each, as nearly as racticable, the same number of acres of farming and gpazing lands, and the share of each member shall be given to him or er as near as possible to his or her homestead selections. The lands, other than the homestead, set aside to each member shall be free from taxation as long as the title remains in said member, but in no event to exceed twenty-five years, and the same shall not be sold or encumbered in any way before the expiration of ten years from the date of the deed to said member, except as herein provided and with the approval of the Secretary of the nterior, and It shall be his duty to carefully investigate each sale or transaction before he approves the same: Pr-ovzded, That the lands of minors shall be inalienable during {foggy;} mmm their minorit : Provided furt/ner, That all selections and allotments ` made under this agreement shall conform to existing surveys of said E*i='·**¤8 ¤“"°Y¤- reservation in tracts of not less than eighty (80) acres. Sec. 3. It shall be the duty of the United States Indian agent, the lagigkloh ¤f ¤¤¤>1¤¤ clerk in charge of the Kaw subagency, together with a committee of ` three members of the tribe, to be selected jointly by the agent, clerk in charge, and the council of the tribe, to divide the surplus lands among the members of the tribe, in accordance with this agreement. Src. 4. In selecting his or her homestead, a member shall not be Pri¤r¤¤¤·=¤¤¤¤¤ permitted to select lands already selected by another member of said tribe, unless such other member is in possession of more lands than he and his family are entitled to under this agreement; in such case, the member in ssession shall have the right to make the first selection. Sec. 5. The Secretary of the Interior shall furnish the head chief D°°"*· of said tribe deeds, properly filled out, for the conveyances herein