Page:United States Statutes at Large Volume 48 Part 1.djvu/674

 648 73d CONGRESS. SESS. II. CHS. 169, 170 . APRIL 30, 1 934. vided, the Secretary of the Interior, upon notice and hearing, under Asc ertainment o f le- such rules as he may prescribe, shall ascertain the legal heirs of such g Determination of decedent, and his decision thereon shall be final and conclusive. If competency. the Secretary of the Interior decides the heir or heirs of such dece- dent competent to manage their own affairs, he shall issue 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 Pret4soa. his discretion, cause such lands to be sold : Provided, That if the Partition. 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 lands allotted to Indians authorized by this or any other Act shall Rules for sales. 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 required. deposit of 10 per centum of the purchase price at the time of the menu it ure of Pr- 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 forfeited ; in case the balance of the purchase price is to be paid on such deferred payments, all payments made, together with all interest paid on such deferred installments, shall be so forfeited for failure to comply with the terms of the sale. All forfeitures Benefit of allo ttee. shall inure to the benefit of the allottee or his heirs. Upon payment Issue of patents. of the purcha se pri ce in f ull the Secre tary of the In terior shall cause ~Disstribution of pro- to be issued to the purchaser patent in fee for such land : Provided, That the proceeds of the sale of inherited 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 for such heir or heirs as may be incompetent as their respective interests shall appear
 * Provided

Competency certifi- further, That the Secretary of the Interior is hereby authorized, in cafes his discretion, to issue a certificate of competency, upon application therefor, to any Indian, or in case of his death to his heirs, to whom a patent in fee containino' restrictions on alienation has been or may hereafter be issued, anti such certificate shall have the effect of removing the restrictions on alienatio n contained in such patent fundsnit of Indian Provided furth er, That hereafter any United States Indian agent, Indemnity bond supe rint ende nt, or o ther dis burs ing agen t of the Ind ian Serv ice may from bank' deposit Indian moneys, individual or tribal, coming into his hands as custodian, in such bank or banks as he may select : Provided, 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 approval of the Secretary of the Interior ." Approved, April 30, 1034 . [CHAPTER 170.1 April 30, 1934 . AN ACT 	[H .R. 7748.]		Regulating procedure in criminal cases in the courts of the United States . [Public, No . 180 .1 Be it enacted by the Senate and House of Representatives of the Criminal procedure, United St ates o f Ameri ca in Congres s assembled, That no plea to United states courts . Pleas attacking in- abate nor motion to quash any indictment upon the ground of irregu- die Tm for filing, when larity in the drawing or impaneling of the grand jury or upon the based on jury irregu- ground of disqualification of a grand juror shall be sustained or larities . granted unless such plea or motion shall have been filed before, or within ten days after, the defendant filing such plea or motion is presented for arraignment ; and from the time such plea or motion is filed and until the termination of the first term of said court' begin- ning subsequent to the final judgment on such plea or motion and