Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-06-30

beZZlement, bribery, ana emoracery
the word "officer," when the same
appears in the criminal laws here
tofore extended over and put in
force in said territory, shall in
clude all officers of the several
tribes or nations of Indians in said
territory.
SEC. 2. That when in the prog
ress of any civil suit, either in law
or equity, pending in the United
States court in any district in said
territory, it shall appear to the
court that the property of any
tribe is in any way affected by the
issues being heard, said court is
hereby authorized and required to
make said tribe party to said
suit by service upon the chief or
governor of the tribe, and the suit
shall thereafter be conducted and
determined as if said tribe had
been an original party to said ac-
tion.
SEC. 8. That said courts are
hereby given jurisdiction in their
respective districts to try cases
against those who may claim to
hold as members of a tribe and
whose membership is denied by
the tribe, but who continue to hold
said lands and tenements notwith-
standing the objection of the tribe;
and if it be found upon trial that
the same are held unlawfully
against the tribe by those claiming
to be members thereof, and the
membership and right are dis
allowed by the commission of the
Five Tribes, or the United States
court, and the judgment has be
come final, then said court shall
cause the parties charged with un-
lawfully holding SAID possessions
to be removed from the same and
cause the lands and tenements to
be restored to the person or per
sons or nation or tribe of Indians
entitled to the possession of the
same: Provided always, that any
person being a noncitizen in pos
session of lands, holding the pos.
session thereof under an agree
ment, lease, or improvement con-
tract with either of said nations ol
tribes, or any citizen thereof, exc,
cuted prior to January first, eigh-
teen hundred and nineiy-eight,
may, as 10 lands not exceeding ia
amount one hundred and sixty
acres, in defense of any action fol
the possession of said lands show
that he is and has been in peace.
able possession of such lands, and
that he has while in such possEs
sion made lasting and valuable i'm
provements thereon, ,-and that he
had not enjoyed Possession a sufli-
cieat leBgth of time to compensate
him for such improvements
Thereupon the court or jury trying
said cause shall determine the fail
and reasonable value of such
improvements and the fair anC
reasonable rental value Of such
lands for the time the same shall
have been occupied by such per.
son, and if the improvements ex,
ceed in value the amount oi
rent with which such person
should be charged the court, in its
Judgment, shall specify such time
as will, in the opinion of the court,
compensate such person for the
balance due, and award him pos
session for such time unless the
amount be paid by claimant within
such reasonable time as the cour'
shall specify If the finding be
that the amount of rents exceed
the value of the Improvements
Judgment shall be rendered agains
the defendant for such sum, fol
which execution may issue.
SEC. 4. That all persons whC
have heretofore made improve
ments on lands belonging to any
one of said tribes of Indians, claim
ing rights of citizenship, who's
claims have been decided adverse
ly under the act of congress ap
proved June tenth, eighteen hun
dred and ninety-six, shall have
possession thereof until and in
Guiding December thirty-f first, eigh
teen hundred and ninety EIGHT
and may, prior to that time, sci
or dispose of the same to any mem
Der of the tribe owning the lanC
who desires to take the same il
his allotment: Provided, that thi:
section shall not apply to improve
ments which have been appraised
and paid for, or payment rendered
by the Cherokee nation under thu
agreement with the United States
approved by congress March third
eighteen hundred and ninety
three.
SEC. 5. That before any actor
by any tribe or person shall b,
commenced under section three O
this act i: shall be the duty of In,
party bringing the same to motif.
the adverse party to leave IN
premises for the possession o
which the action is about to b
brought, which notice shall b
served at least thirty days beior
commencing the action by leavini
a written copy with the defendant
or, if he cannot be found, by leav
ing the same at his last know
place of residence or business will
any person occupying the prem
ises over the age of twelve years
or, if his residence or business ad
dress can not be ascertained, b,
leaving the same with any persoI
over the age of twelve years upoi
fhe nremises sought 10 he recOy