Page:United States Statutes at Large Volume 36 Part 1.djvu/880

 856 SIXTY·FIRST CONGRESS. sw. 11. cs. 431. 1910. he shall issue to such heir or heirs a patent in fee for the ellotment of such decedent; if he shall decide one or more of the heirs to be incom tent he may, in his discretion, cause such lands to be sold: mmm Providgl, That if the Secretar of the Interior sh all find that the lands Hmm of the decedent are capable ofv partition to the advantage of the heirs, ` - he may cause the shares of such as are competent, upon their petition B¤¤¤• M ¤*°•· •*°· to be set aside and patents in fee to be issued to them there or. All sales of lands allotted to Indians authorized by this or any other Act shall be made under such rules and regulations and upon such terms as the Secretary of the Interior may prescribe, and he shall require a deposit of ten per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale 1prescribed by the Secretary of the Interior, the amount so paid she be forfeited; in case the balance of the purchase nce is to be paid m deferred pa ents, a further amount, not exceedling fifteen per centum of the purchiilse price ma be so forfeited for failure to comply with the terms of the sale. All forfeitures shall inure to the bene t of the ,,§_"'“° °‘ ¥"‘“" *“ heirs. Upon a ment of the purchase price in full, the Secretary of ‘ · the Interior siiad cause to be issued to the purchaser patent in_fee “2§~"“’““°“ °’ *"°‘ for such land: Provided, That the proceeds of the sale of inherited lands shall be paid to such heir or hens as may be competent and held in trust subject to use and expenditure during the trust period forsuch heir or heirs as ma be incompetent, as their respective mterests shall _°{“¥:*P°°°°°¥ °°"““‘ appear: Provided further, That the Secretary of the Interior is hereby authorized in his discretion to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death, to his hens, to whom a patent in fee containing restrictions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on alienation contained in such news: of Indian patent: Provided afurther, That hereafter any United States Indian ‘““°’ l" °‘“"* agent, superinten ent, or other disbursing ent of the Indian Service may deposit Indian moneys, individual or tiiilnal, com` into his hands xnaemsiey mud. as custodian, in such ban or banks as he may selectlniromklcd, That the bank or banks so selected by him shall first execute to the said · disbursing agent a bond with approved surety, in such amount as · will properly safeguard the funds to be deposited. Such bonds shall be subject to the aplproval of the Secretary of the Interior. m{L§·g;·:i§{’;·*w;,’g}·* •*· Sec. 2. That any ndian of the age of twenty-one years, or over, to whom an allotment of land has been or ma hereafter be made shall have the rxkght prior to the expiration of tlie trust period and before the issue 0 a fee simple patent, to dispose of such allotment by will, in accordance with rules and regulations to be prescribed by the mh mmm Secretary of the Interior: Promkle, however, That no will so executed ` shall be valid or have any force or effect unless and until it shall Nm applicable to have been approved by the Commissioner of Indian Affairs and the oxnmems. Secretarlypo the Interior: Provided further, That sections one and Bm G Hm t I- two of t is Act shall not apply to the State of Oklahoma. k,,,,,,,'{{',§’,§‘,{,,,,,,,§e'},_ Ssc. 3. That m  case where an Indian has an allotment of land, or any right, tit e, or interest in such an allotment, the Secretary of the Interior, in his discretion, ma r permit such Indian to surrender such allotment, or any right, titlla, or interest therein, by such formal_ relinquishment as may be rescribed by the Secretary of the Interior, for the benefit of an of his or her children to whom ¤<>¤¤i¤¤¤¤ no allotment of land shall have green made; and thereupon the Sgcrgelgalryé of the} Inltleiéior shelllcause the estate so relinguished to be a o o suc c or c i dren subject to all co ` ° mm H t- atgiched te`?. before Iepfph relinquishmerit. D moms which •> ¤ ° nc. 4. at any ian allotment held under a trust mm;  leased by_the allottee for e period not to exceed fiveigetgrilsli ject to and in conformity wit such rules and regulations as the