Page:United States Statutes at Large Volume 32 Part 1.djvu/710

 644 FIFTY-SEVENTH CONGRESS. Sess. I. C11. 1362. 1902. ‘ herein provided, shall have died subse uent to the ratification of this afeement and before receiving his alllotment of land the lands to w ich such person would have been entitled if living shall be allotted in his name, and shall, together with his proportionate share of other tribal property, descend to his heirs according to the laws of descent and distribution as rovided in chapter forty-nine of Mansiield’s Digest mem. made shall be selected by a duly appointed administrator or executor. If, however, such administrator or executor be not duly and expeditiously appointed, or fails to act promptly when appointed, or for any other cause such selection be not so made within a reasonable and practicable time, the Commission to the Five Civilized Tribes shall esignate the lands thus to be allotted. » c‘Aé_;°u¤$~t mm 23. Allotment certificates issued by the Commission to the Five Civilized Tribes shall be conclusive evidence of the right of any allottee to the tract of land described therein; and the United States Indian agent at the Union Agency shall, u on the application of the allottee, place him in possession of his allotment, and shall remove therefrom all persons objectionable to such allottee and the acts of the Indian agent hereunder shall not be controlled by the writ or process _ _ of any court. ,,3l,'§`i,,,_‘{°‘°°°"°i°°'“' 24. Exclusive jurisdiction is hereby conferred upon the Commission to the Five Civilized Tribes to determine, under the direction of the Secretary of the Interior, all matters relating to the allotment of land., mxcnssrvn Hommos. ”‘°°“““'° “°"““g'· 25. After the opeuin of a land office for allotment purposes in both the Choctaw and the Chickasaw nations an citizen or freedman of either of said nations may appear before the Commission to the Five Civilized Tribes at the land office in the nation in which his land is located and make application for his allotment and for allotments for members of his family and for other persons for whom he is lawfully authorized to apply for allotments, including homesteads, and after the expiration of ninety days following the opening of such land offices any such aplplicant may make allegation that the land or any part of the land t at he desires to have allotted is held by another citizen or person in excess of the amount of land to which said citizen . or person is lawfully entitled, and that he desires to have said land muse. allotted to him or members of his family as herein provided; and thereupon said Commission shall serve notice u n the person so alleged to be holding land in excess of the lawfuloamount to which he may be entitled, said notice to set forth the facts alleged and the name and post·of’rice address of the person alleging the same, and the rights and consequences herein provided, and the person so alleged to be Ioldin land contrary to law shall be allowed thirty days from the date of the service of said notice in which to appear at one of said land offices and to select his allotment and the allotments he may be lawfully authorized to select, including homesteads; and if at the end of the thirty da s last provided for the person u on whom said notice has been served has not selected his allotment and) allotments as provided, then the Commission to the Five Civilized Tribes shall immediately make or reserve said allotments for the person or rsons who have failed to act in accordance with the notice aforesaid, hsving due regard for the best interest of said allottees; and after such allotments have been made or reserved by said Commission, then all other lands held or claimed, or reviously held or claimed by said rson or persons, shall be deemed) a peart of the public domain of the Cliioctaw and Chickppm. t i m t asaw nations and subject to disposition as such: Provided, That any ,1,,,,,;** "‘*‘ ° ° ‘ persons who have previously app ied for any part of said lands shall
 * ',‘:fg6¤ 0, 8,,0,, of the Statutes of Xrkansas: Provided, That the allotment thus to be