Page:United States Statutes at Large Volume 32 Part 1.djvu/784

 718 FIFTY-SEVENTH CONGRESS. Sess. 1. Ch. 1375. 1902. another, directly or indirectly, more lands in value than that of one hundred and ten acres of average allottable lands of the Cherokee Nation, either for himself or for his wife, or for each of his minor children, if members of said tribe; and any member of said tribe found in such possession of lands, or having the same in any manner inclosed, after the expiration of ninet days after the date of the ratification of _ this Act shall be deemed guilty of a misdemeanor. ],§‘,§,‘}j“*"”°“"°‘ "‘°‘ Sec. 12. Any person convicted of violating any of the provisions of section eighteen of this Act shall be punished by a line of not less than one hundred dollars, shall stand committed until such fine and costs ` - are paid (such commitment not to exceed one day for every two dollars of said line and costs), and shall forfeit possession of any property in ‘ question, and each day on which such offense is committed or continues "°°°°““°““· to exist shall be deemed a separate offense. The United States district attorney for the northern district is required to see that the provisions of said section eighteen are strictly enforced, and he shall immediately, after the expiration of the ninety days after the ratification of this Act proceed to dispossess all persons of such excessive holdings of lands and to prosecute them for so unlawfully holding the same, and the Commission to the Five Civilized Tribes shall have authority to make investigations of all violations of section eighteen and make re rt thereon to the United States district attorney. ·“‘°""°“*°°*‘°*”· Sino. 20. If any person whose name appears upon the roll pre ared as herein provided shall have died subsequent to the iirst da of) September, nineteen hundred and two, and before receiving his allotment, the lands to which such person would have been entitled if livin shall be allotted in his name, and shall, with his proportionate share ofg other tribal property, descend to his heirs according to the laws of descent and distri ution as [provided in chapter forty-nine of Mansiield’s Digest §°,,'{f,'g,‘{,°,,,,_ of the Statutes of rkansas: Provided, That the allotment thus to be 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 pgopner time, the Dawes Commission shall designate the lands thus to a otte . .,£f’""°“' °°"m' Sec. 21. Allotment certificates issued by the Dawes Commission shall be conclusive evidence of the right of an allottee to the tract of land described therein, and the United States Indian agent for the Union Agency shall, under the direction of the Secretary of the Inte- 1'lOl`, upon the application of the allottee, lace him in possession of his allotment, and shall remove therefrom all persons objectionable to him, and the acts of the Indian agent hereunder shall not be controlled Emmm mmm_ by the writ or process of any court. mminsppmiseméntq, Sec. 22. Exclusive jurisdiction is hereby conferred upon the Com- °"’· mission to the Five Civilized Tribes, under the direction of the Secretary of the Interior, to determine all matters relative to the appraise- · Dmwm Indians ment and the allotment of lands. Ainczmenwi iam1Q, Sec. 23. All Delaware Indians who are members of the Cherokee °‘°··‘°· Nation shall take lands and share in the funds of the tribe, as their rights may be determined by the judgment of the Court of Claims, or by the Supreme Court if appealed, in the. suit instituted therein by the Delawares against the Cherokee Nation, and now pending; but if said suit be not etermined before said Commission is ready to begin the allotment of lands of the tribe as herein rovided, the Commission shall cause to be se re ted one hundred and) fifty-seven thousand six hundred acres of hind? including lands which have been selected and occupied by Delawares in conformity to the provisions of their agreement with the Cherokees dated April eighth, eighteen hundred and sixty- seven, such lands so to remain, subject to disposition according to such judgment as may be rendered in said cause; and said Commission shall