Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.
|Chap. 1489||Public lands. Errors in allotments and patents to Indians to be corrected.
1895, ch. 50, 28 Stat., 641.
Vol. 1, p. 70.
|Chap. 1489||Lands erroneously patented opened to entry if patent be canceled.|
|Chap. 1489||Provisos. Restriction.|
|Chap. 1489||Conditional patent not subject to cancellation.|
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of Congress approved January twenty-sixth, eighteen hundred and ninety-five (Twenty-eighth Statutes, six hundred and forty-one), entitled An act authorizing the Secretary of the Interior to correct errors where double allotments of land have erroneously been made to an Indian, to correct errors in patents, and for other purposes, be, and the same is hereby, amended so as to read as follows:
That in all cases where it shall appear that a double allotment of land has heretofore been, or shall hereafter be, wrongfully or erroneously made by the Secretary of the Interior to any Indian by an assumed name or otherwise, or where a mistake has been or shall be made in the description of the land inserted in any patent, said Secretary is hereby authorized and directed, during the time that the United States may hold the title to the land in trust for any such Indian, and for which a conditional patent may have been issued, to rectify and correct such mistakes and cancel any patent which may have been thus erroneously and wrongfully issued whenever in this opinion the same ought to be canceled for error in the issue thereof, and if possession of the original patent can not be obtained, such cancellation shall be effective if made upon the records of the General Land Office; and no proclamation shall be necessary to open to settlement the land to which such an erroneous allotment patent has been canceled, provided such lands would otherwise be subject to entry: And provided, That such lands shall not be open to settlement for sixty days after such cancellation: And further provided, That no conditional patent that shall have heretofore or that may hereafter be executed in favor of any Indian allottee, excepting in cases hereinbefore authorized, and excepting in cases where the conditional patent is relinquished by the patentee or his heirs to take another allotment, shall be subject to cancellation without authority of Congress.1
Approved, April 23, 1904.