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

Providing for a Division o
Indian Lands and Moneys.
SECTION /. That any person
who is a member of any Indian
tribe, and entitled to share in ih,
tribal property, or has an interest
| therein, and who is able to reac
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 years OF age, and wh c
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 of to him,
and such court may thereupon pro
eeed 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 proyi-
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 Of
parties, itit shall appear that the
partition ought to be made the
court viii award an lnterlocutory
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, tesiding IN the
jurisdiction, and not members of
such tribe, commissioners, direc-
ing that they shall lay of and par
utlon To such petitioner his pro
rata share in value of the hands and
other property ot the tribe, taking
care that such PARTITION be made
without detriment to the other
persons interested la such tribal
Before proceeding to
discharge their duties, such com
missioner, shall take an oath to
perform the duties OF
their trusts, which oath il taken IN
open court shall be entered on IFS
order book, and # not so taken
shall be lndorsed on the warrant
IS ued to them to make such par
uuon. After making such parti
ton the commissioners shall make
TO the court and acknowledge in
open court their report, or shall
sign and swear to the same before
some one authorized to administer
oaths, which report shall specify
by mctes and bounds, courses and
and by a plat, the share
ot real estate assigned to such pc
titioner, and shall also state the
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 book, and
judgment of p artition be rendered
accordingly. The court before
may set aside such
report of partition for good cause
shown by Gather party, and com
NIT the duties OF partition anew to /
The same or other commissioners /
10 be appointed and qualified as
and theTeupOn the same /
proceedings shall be had as are
before directed Any two of the |
persons named as commissioners |
10 make partition may periurm 1
lie duties required by this act. 7
md vacancies may be filled by the /
court. The occurrence of vacan- /
y shall not invalidate the acts
lf the previous commissioners, !
md a successor shall take up the |
iuties aud continue the proceed /
ngs, which shall be as valid as if +
he same bad been done bv the 4
commissioners first appointed. i
The court shall make such allow
lnce 10 the commissioners for their
services and for the surveying and
)latting the lands. the execution of
he necessary conveyances, and
'ther expenses incident to such
PARTITION as to the court shall seem
The petitioner shall
,ay all costs and necessary ex-
lenses of such partition. save and
Except such costs and expenses as /
nay arise in any contest based
lpon such PARTITION, in which case
uch costs and expenses shall be
laid by the losing party thereto.
SECTION D. That upon showing
uiiicient cause either party to
uch partition SUIT may, within one
rear after such partition is con-
irmed, obtain a review thereof, the
rounds of review being those
ecognized in courts of equity. !
Jpon such partition being made
nd by decree OF court approved 4
nd confirmed, such petitioner may
axe the oath Of allegiance to the
United etaies and the naturaliza-
ion oath prescribed for those de-