Page:United States Statutes at Large Volume 34 Part 1.djvu/175

 FIFTY-NINTH CONGRESS. Sess. I. C1-1. 1876. 1906. 145 Sec. 20. That after the approval of this Act all leases and rental L°°“*’ *’Y‘“U·b*°°d contracts, except leases and rental contracts for not exceeding one auomesmsmctm year for agricu tural purposes for lands other than homesteads, of fullblood allottees of the Choctaw, Chickasaw, Cherokee, Creek, and Sem— inole tribes shall be in writing and subject to approval by the Secretary of the Interior and shall be absolutely void and of no effect without such approval: Provided, That allotments of minors and incompetents Prvvhwsmay be rented or leased under order of the pro er court: Provided Mi°°”’°t°‘ jiu·thw·, That all leases entered into for a period) of more than one Leases to be is year shall be recorded in conformity to the law applicable to recording °°'°°"· ' instruments now in force in said Indian Territory. Sec. 21. That if any allottee of the Choctaw, Chickasaw, Cherokee, d Lands of ¤¤¤¤@¤¤¤ Creek, or Seminole tribes die intestate without widow, heir or heirs, or 0¤ilIi5¤i·I§i°Sm° wm" surviving spouse, seized of all or any portion of his allotment prior to the final distribution of the tribal property, and such fact shall be known by the Secretary of the Interior, the lands allotted to him shall revert to the tribe and be disposed of as herein provided for surplus lands; but if the death of such allottee be not known by the Secretary of the Interior before final distribution of the tribal property, the land shall escheat to and vest in such State or Territory as may be formed to include said lands. That heirs of deceased Mississippi t Mi=¤i¤¤im>i ¤¤<><>- Choctaws who died before making proof of removal to and settlement sclhiiims or heirs or. in the Choctaw country and within the period rescribed by law for making such proofmay within sixty days from the passage of this Act appear before the Commissioner to the Five Civilize Tribes and make such proof as would be required if made by such deceased Mississi pi Choctaws; and the decision of the Commissioner to the Five Civilized Tribes shall be final therein, and no appeal therefrom shall. be allowed. _ Sec. 22. That the adult heirs of any deceased Indian of either of ,,,,°f.§’§,§°f_Q,‘},‘{§_’ °f m' the Five Civilized Tribes whose selection has been made, or to whom a deed or tent has been issued for his or her share of the land of the tribe to which he or she belongs or belon ed, may sell and convey the lands inherited from such decedent; ang if there be both adult and minor heirs of such decedent, then such minors may join in a sale of such lands by a uardian duly appointed by the proper United States court for the Indian Territory. And in case of the organization of a State or 'I`erritory, then by a proper court of the county in which Said minor or minors may reside or in which said real estate is situated, upon an order of such court made upon petition tiled by guardian. All conveyances made under this provision by heirs who are full-blood Indians are to be subject to the approval of the Secretary of the Interior, under such rules and regulations as he may prescribe. . Sec. 23. Every person of lawful age and sound mind may by last by}>‘$@r?I£ie{·g_;~¤¤r will and testament devise and bequeath all of his estate, real and per- ` sonal, and all interest therein: 1rm·z'ded, That no will of a full-blood {,’g;gggh0¤_ Indian devising real estate shall be valid, if such last will and testament disinherits the parent, wife, spouse, or children of such full-blood Indian, unless acknowledged before and approved by a judge of the United States court for the Indian Territory, or a United States commissioner. _ Sec. 24. That in the Choctaw, Chickasaw, and Seminole nations mQ{}·°°,m,*· Sjlfgggfé public highways or roads two rods in width, being one rod on each side lands. of the section line, may be established on all section lines; and all ,§,‘*§'},'§*,QE_ °“ “°°' allottees, purchasers. and others shall take title to such land subject to this provision, and if buildings Ol' other improvements are damaged D°m°¥°’· in consequence of the establishment of such public highways or roads, such damages accruing prior to the inauguration of a State government shall be determined under the direction of the Secretary of the Interior and be paid for from the funds of said tribes, respectively. von. xxxur, vv: 1—10