Page:United States Statutes at Large Volume 45 Part 1.djvu/212

 SEVENTIETH CONGRESS. SESS. I. CH. 122. 1928 . 161 CHAP. 122 .-An Act To amend section 1 of the Act of June 25, 1910 (Thirty- March 3,1928 . sixth Statutes at Large, page 855), "An Act to provide for determining the heirs ($ .R.8291.1 of deceased Indians, for the disposition and sale of allotments of deceased Indians, (Public, No . 90 .1 for the leasing of allotments, and for, other purposes ." Be it enacted by the Senate and House of Representatives of the Indian trust allot- United States of America in Congress assembled, That section 1 of ments. the Act of June 25, 19 10 (Th irty-s ixth St atutes at La rge, p age 85 5), ed o1 .3s,p.855,amend- "An Act to provide for determining the heirs of deceased Indians, for the disposition and sale of allotments of deceased Indians, for the leasing of allotments, and for other purposes," be and the same is amended so as to read as follows : Disposal or, to heirs " That when any Indian to whom an allotment of land has been of intestate Indians . made, or may hereafter be made, dies before the expiration of the tru st per iod an d befo re the issua nce of a fee- simple paten t, wit hout having made a wi ll dis posing of sa id all otment as he reinaf ter pro - vid ed, th e Secr etary of the Inter ior, u pon not ice an d hear ing, u nder suc h rules a s he may prescribe, shall a scertain the legal heirs of such Discretion of secre- decedent, and his decision thereon shall be final and conclusive . If tars of Interior. the Secretary of the Interior decides the heir or heirs of such de- ced ent co mpeten t to m anage their own af fairs, he sha ll iss ue to such heir or heirs a patent in fee for the allotment of such decedent ; if he shall decide one or more of the heirs to be incompetent, he may in his discretion, cause such lands to be sold : Provided, That if Proviso the Secretary of the Interior shall find that the lands of the decedent are capable of partition to the advantage of the heirs, he may cause the shares of such as are competent, upon their petition, to be set aside and patents in fee to be issued to them therefor. All sales of Rules for sales, etc. 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 Se cretary o f the Int erior may prescrib e, and h e shall r equire a deposit of 10 per centum of the purchase price at the time of the sale. Should the purchaser fail to comply with the terms of sale prescribed by the Secretary of the Interior, the amount so paid shall be for- feit ed deferred payments, a further amount, not exceeding 15 per centum of the purchase price together with all interest paid on such deferred installments may be so forfeited for failure to comply with the terms of the sale. All forfeitures shall inure to the benefit of the heirs. Upon payment of the purchase price in full, the Secretary chaser snts in fee to pur- of the Interior shall cause to be issued to the purchaser patent Distribution of pro- in fee for such land : Provided, That the proceeds of the sale of in- ids , herited lands shall be paid to such heir or heirs as may be competent and held in trust subject to use and expenditure during the trust period fo r such he ir or hei rs as may be incom petent as their re spective interests shall appear : Provided further, That the Secretary of the ,e,ct "'smp etenc y ce rtifi - Interior is hereby authoriz ed, in hi s discret ion, to i ssue a ce rtificate of competency, upon application therefor, to any Indian, or in case of his death to his heirs, to whom a patent in fee containing restric- tions on alienation has been or may hereafter be issued, and such certificate shall have the effect of removing the restrictions on aliena- tion contained in such atent : Provided That hereafter an Deposit or Indian United States Indian agent, superinte further, dent, r other disbursing rnnds = Sib ' agent of the Indian Service may deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks Indemnity bond as he may select : Provided, That the bank or banks so selected by him from bank. 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 approval of the Secre- tary of the Interior ." Approved, March 3, 1928.
 * in case the balance of the purchase price is to be paid on such

�