Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-06-30
A MEASURE AFFECTING THE STATUS OF
ALL RESIDENTS OF THIS TERRITORY.
H. R. 1851. An Act for the Protection of the
People of the Indian Territory and
for Other Purposes

J
his own behalf, shall have filed a
sworn complaint, on behalf of the
tribe or himself, with the court,
which shall, as near as practicable,
describe the premises so detained,
and shall set forth a detention
without the consent of the person
bringing said suit or the tribe, by
one whose membership is denied
by it: Provided, that if the chief
or governor refuse or fail to bring
suit in behalf of the tribe. then
any member of the tribe may make
complaint and bring said suit.
SEC. Z. That the court in grant
ing continuance of any case, par
ticularly under section three, may,
in its discretion, require the party
applying therefor to give an un-
dertaking TO the adverse party,
with good and sufficient securities.
to be approved by the judge of the
court, conditioned for the payment
of all damages and costs and de-
fraying the rent which may accrue
if judgment be rendered against
him.
SEC. s. That when a judgment
for restitution shall be entered by
the court the clerk shall, at the re-
quest of the plaintiff or his attor-
ney, issue writ of execution there
on, which shall command the
proper officer of the court to cause
the defendant or defendants TO be
forthwith removed and elected
from the premises and the plaintiff
given complete and undisturbed
possession of the same. The writ
shall also command the said off
Ger to levy upon the property of
the defendant or defendants sub
ject to execution, and also collect
therefrom the costs of the action
and all accruing costs in the ser
vice of the writ. Said writ shall
be executed within thirty days.
SEC. 8. That the jurisdiction of
the court and municipal authority
of the city of Fort Smith for police
purposes in the state of Arkansas
! is hereby extended over all that
strip OF land in the Indian Terri
tory lying and being situate be-
tween the corporate limits of the
said city of Fort Smith and the
Arkansas and Poteau rivers, and
extending up the said Poteau river
to the mouth of Mill creek; and all
the laws and ordinances for the
preservation of the peace and
health Of said city, as far as the
same are applicable, are hereby
put in force therein: Provided,
that no charge or tax shall eper be
made or levied by said city against
said land OF tAire tribe or nation to
whom II belongs.
SEC. 10. That all actions for
restitution of possession of real
property under this act must be
commenced by the service of a
summons within two years after
the passage of this act, where the
wrongful detention or possession
began prior 10 the date of its pas
sage; and all actions which shall
be commenced hereafter, based
upon wrongful detention or pos
session committed since the pas
sage OF this act must be commenc-
ed within two years after the cause
of action accrued. And nothing in
this act shall take away the right
to maintain an action for unlawful
and forcible entry and detainer
given by the act of congress passed
May ,, 1890 Goth United States
Statutes, page so.
SEC IL. That when the roll of
citizenship of any one of said ma
tions or tribes is fully completed
as provided by law. and the sur
vey OF the lands of said nation or
tribe is also completed, the com.
mission heretofore appointed un.
der acts of congress, and known as
the dawes Commission" shall
proceed to allot the exclusive use
and occupancy of The surface of al
the lands of said nation or tribe
susceptible of allotment among the
citizens thereof, as shown by said
roll, giving to each, so far as pos.
sible, his fair and equal share
thereof, considering the nature
and fertility of the soil, location
and value of same; but all oil,
coal, asphalt, and minera, deposits
in the lands of any tribe are re-
served To such tribe, and no allot-
ment of such lands shall carry the
title 10 such oil, coal, asphalt, oil
mineral deposits; and all town
sites shall also be reserved to the
s.vera, tribes, and shall be sci
apart by the commission hereto
fore mentioned as incapable OF al
lolment. There shall also be re.
served from allotment q sufficient
amount of lands now occupied by
churches, schools, parsonages,
charitable institutions, and other
public buildings, for their present
actual and necessary use, and nc
more, not to exceed five acres fOl
each school and one acre for each
church and each parsonage, and
for such new schools as may be
needed; also sufficient land iol
burial grounds where necessary
When such allotment of the lands
} of any tribe has been by them COM
, pleted, said commission shall make
full report thereof to the secretary
OF the interior for his approval:
Provided, that nothing herein con
tanned shall in any way affect any
vested legal rights which may have
been heretofore granted by act OF