INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


Home | Disclaimer & Usage | Table of Contents | Index

ACTS OF FORTY–SIXTH CONGRESS—THIRD SESSION, 1881.
CHAP. 23 | CHAP. 128 | CHAP. 132 | CHAP. 139 | CHAP. 149

Page Images


Chapter 132
Sections 4 | 5

Margin Notes
Chap. 132 Ponca tribe of Indians.
    [21 Stat., 422.]
    See Sioux and Ponca agreement of Aug. 20, 1881. p. xiviti, annual report 1881;
    also report of commission, Jan. 25, 1881, annual report for 1881, p. 217.
Chap. 132 Purchase of land.
Chap. 132 Permanent fund.
Sec. 4 Miami. Census.
    [21 Stat., 433.]
    See note to 1872, c. 262, ante, p. 133.
    Vol. 2, p. 641.
Sec. 4 Claims under treaty, when barred.
Sec. 4 List to distinguish males and females, and those under and over 21 years of age.
Sec. 4 Payments, how made.
Sec. 4 Proviso—to minors.
Sec. 4 Enumerator to take oath.
Sec. 4 Compensation of enumerator.
Sec. 4 List of beneficiaries.
Sec. 5 Agent to be appointed to make payments.
Sec. 5 Guardians of minors.
Sec. 5 Proviso. Bond.
Sec. 5 Receipt for moneys, how made.
Sec. 5 Compensation to agent.
Sec. 5 Oath.
Sec. 5 Agent’s bond.
Sec. 5 Receipt and discharge.

{Page 191}

Chapter 132
    Mar. 3, 1881. | 21 Stat., 414.
Page Images

An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and eighty-one, and for prior years, and for those certified and due by the accounting officers of the Treasury in accordance with section four of the act of June fourteenth, eighteen hundred and seventy-eight, heretofore paid from permanent appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter stated, namely:


INDIAN OFFICE.

For the purpose of enabling the Secretary of the Interior to indemnify the Ponca tribe of Indians for losses sustained by them in consequence of their removal to the Indian Territory, to secure to them lands in severalty on either the old or new reservation, in accordance with their wishes, and to settle all matters of difference with these Indians, one hundred and sixty-five thousand dollars, to be immediately available and to be expended under the direction of the Secretary of the Interior, as follows:

For the purchase of one hundred and one thousand eight hundred and ninety-four acres of land in the Indian Territory, where most of these Indians are now located, fifty thousand dollars.


NOTE.—For description of the Ponca Reserve see page 272 of the Annual Report of 1882. Deed from Cherokees dated June 14, 1883.

To be held as a permanent fund in the Treasury of the United States, at five per centum interest, the interest to be distributed annually among all the Ponca Indians, in cash, seventy thousand dollars.


SEC. 4

That the Secretary of the Interior shall appoint a competent and proper person to take a census and make a list of the Miami Indians residing in Indiana, or elsewhere, who are entitled to participate in the distribution of said principal sum, as provided by article four of the treaty that was made between the United States and the Miami Indians on the fifth day of June, eighteen hundred and fifty-four, as amended in the Senate. Before taking such census, publication shall be made requiring all persons claiming under said treaty to make known their claim to such person so appointed, within a time specified in the notice, and failing to do so, they shall be forever barred. When said census shall be so made, it shall be the duty of the person so appointed to make such enumeration and list to report the same to the Secretary of the Interior, distinguishing in his report between males and females, and between those over twenty-one years of age and those under twenty-one years, which list so made, when approved by the Secretary of the Interior, shall stand as the true list of the persons entitled to share in the payments provided for in this act; and each person named in said list shall be entitled to receive the same amount, irrespective of age or sex, payments for minors to be

{Page 192}

paid to the guardians legally appointed, as hereinafter provided, under the laws of the State or Territory in which said minors reside: Provided, however, That any minor who may be a resident of the Indian Territory and a beneficiary of said fund may receive his or her share thereof, as the case may be, through a guardian appointed by any court having probate jurisdiction in the State of Kansas. The person appointed to make such enumeration and list shall, before entering on such duty, take and subscribe an oath that he will make a true and correct enumeration and report of said Indians according to the best information he can obtain, said oath to be administered and certified to by a United States commissioner or a clerk of a court of record; and he shall receive as his compensation therefor the sum of five dollars per day and his actual and necessary traveling and other expenses while engaged in said duty, not to exceed four hundred dollars: Provided, That no persons other than those embraced in the corrected list agreed upon by the Miami Indians of Indiana, in the presence of the Commissioner of Indian Affairs, in June, eighteen hundred and fifty-four, comprising three hundred and two names as Miami Indians of Indiana, and the increase of families of persons indicated in said corrected list, shall be recipients of the money hereby appropriated.

SEC. 5

That the Secretary of the Interior shall appoint some suitable person as an agent of the United States to make payment to each of said Miami Indians who shall be more than twenty-one years of age whose name shall be borne on the list prepared as aforesaid the amount that he or she, as the case may be, shall be entitled to receive; and he, in like manner, shall pay to the guardian of each minor whose name shall appear on said list the amount that said minor shall be entitled to receive: Provided, however, That no payment shall be made to any guardian as such until he produce and deliver to the agent from whom he shall receive such payment the certificate of the judge of the court, attested by the seal of the same, certifying that such guardian has been duly appointed and qualified as such, and given bond, secured by unincumbered freehold surety, in the penalty of not less than three times the amount he shall receive from the United States on account of the payment so to be made for the benefit of said ward, which certificate shall be filed by said agent at the time of making of his report and final settlement. A copy of said list so prepared as aforesaid shall be furnished to said agent, for his guidance in the performance of the duties aforesaid, by the Secretary of the Interior. Said agent shall take the receipt of the persons so paid attested in such manner as the Secretary of the Interior shall prescribe, which receipt shall be a voucher for said agent in the final settlement of his accounts. Said agent shall receive, in full compensation for the services required by the provisions of this act, a sum equal to three-fourths of one per centum on the amount that he shall receive. The agent so appointed to make said payment shall before entering on such duty, take and subscribe on oath, before some United States commissioners or clerk of some court of record, for the faithful performance of the duties imposed by the provisions of this act, and make and execute a bond, payable to the United States, in such penalty and with such security as the Secretary of the Interior shall require and approve. And the receipt of the sum due under this act shall be a final discharge by each party so receiving of all claims whatsoever under said treaty against the United States Government.


Approved, March 3, 1881.


Search | OSU Library Digitization Center

Produced by the Oklahoma State University Library, 1999-2000
Generous support provided by The Coca-Cola Foundation, Atlanta, GA
URL: http://digital.library.okstate.edu/kappler/

Comments to: lib-dig@okstate.edu