Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1892-03-31
THE WASHINGTON BILL.
Providing for a Division OF
Indian Lands and Moneys.

Providing for Division OF
Indian Lands and Moneys.
SECTION 1. That any person
who is member of any Indian
tribe, and entitled to share i'm the
tribal property, or has an interest
therein, and who is able to read
and write, or who has completed
the course of education prescribed
in school or college used by the
government for the education of
the Indians, and who is more than
twenty.one years OF age, and VINO
desires to become a citizen of the
United States, may present to the
United States circuit or district
court, or the court established by
act of congress having the powers
of circuit or district court of the
United States, and having jurisdic.
tion over the country in which his
tribe is located, his petition to
have his pro rata share in value
of the.tribal lands and other prop
erty ascertain and set off to him,
and such court may thereupon pro.
ceed to ascertain the facts, and
such partition made.
SECTION 2. That the proceeding,
practice, and pleadings shall be
the same as in civil suits in such
courts, except as otherwise provi-
ded in this act.
SECTION 3. That the chief or
governor of the tribe of which
such petitioner is "A member shall
be made defendant to such suit as
chief or governor to represent the
interests of such tribe in such suit.
SECTION 4. That upon the trial
of any issue therein arising, or
upon default, or by consent uf
parties, if it shall appear that the
partition ought to be made the
court will award an InterlOcutory
judgment that such partition be
made, specifying the proportionate
share such petitioner is to have in
the lands and other property OF
the tribe, and shall thereupon
appoint three reputable and dis.
interested persons, residing in the
jurisdiction, and not members of
....ai. . a -s-.~s-s..'s, sstfNC-
ing that they shall lay of and par.
iition to such petitioner his pro
rata share in value Of the lands and
other property of the tribe, taking
care that such partition be made
without detriment TO the other
persons interested in such tribal
property. Before proceeding to
discharge their duties, such com
missioners shall take an oath to
faithfully perform the duties of
their trusts, which oath il taken in
open court shall be entered on its
order book, and If not SO taken
shall be indorsed on the warrant
S 'ued 10 them to make such par
iluon. After making such parti
ton the commissioners shall make
TO the court and acknowledge in
open court their report, or shall
sign and swear 10 the same before
some one authorized to administer
oaths, which report shall specify
by metes and bounds, courses and
distances, and by a plat, the share
OF real estate assigned to such pc
tiuOner, and shall also state the
quantity and description of the
other tribal property to which he
may be entitled. Such report. if
confirmed by the court, shall be
spread upon the order Oook, and
judgment OF p artition be rendered
accordingly. The court before
continuation may set aside such
report OF partition tor good cause
shown by Gather party, and com
NIT the duties OF partition anew to
the same or other commissioners
to be appointed and qualified as
aforesaid; and thereupon the same
proceedings shall be had as are
before directed. Any two Of the
persons named as commissioners
to make partition may perform
the duties required by this act,
and vacancies may be filled by the
court. The occurrence OF a vacan.
cy shall not invalidate the acts
Of the previous commissioners,
and a successor shall take up the
duties aud continue the proceed. |
ings, which shall be as valid as if !
the same had been done by the |
commissioners first appointed. |
The court shall make such allow !
ance 10 the commissioners for their |
services and for the surveying and |
plating the lands. the execution Of |
the necessary conveyances, and |
other expenses incident TO such |
partition as TO the court shall seem |
reasonable. The petitioner shall |
pay all costs and necessary ex-
penses of such partition. save and !
except such costs and expenses as
may arise in any contest based |
upon such partition, in which case
such costs and expenses shall be |
paid by the losing party thereto.
SECTION 8. That upon showing
sufficient cause either party TO |
such partition suit may, within one
year after such partition is con-
irned, obtain review thereof, the
grounds OF review being those
in courts of equity. !
Upon such partition being made
md by decree OF court approved
md confirmed, such petitioner may
AXE the oath Of allegiance TO the
United States and the naturaliza-
ion oath prescribed for those de-
iiring TO become citizens Of the