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.


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ACTS OF FORTY–NINTH CONGRESS—FIRST SESSION, 1886.
CHAP. 395 | CHAP. 397 | CHAP. 601 | CHAP. 744 | CHAP. 897

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Chapter 897
Sections 2 | 3 | 4

Margin Notes
Chap. 897 Kickapoo Indians. Conveyance of lands to allottees extended to all adults.
    Vol 2, p. 835.
Sec. 2 Patents to issue in name of original allottee, if deceased.
    43 Kans. 653. 48 Pac. Rep., 884.
    See note to 1893, c. 203, post, p. 480.
Sec. 2 Settlement of estates.
Sec. 3 Lands of allottee dying without heirs to be sold and proceeds credited to the tribe.
Sec. 4 Patents to issue as for public lands.

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Chapter 897
    Aug. 4, 1886. | 24 Stat., 219.
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An act to provide for the settlement of the estates of deceased Kickapoo Indians in the State of Kansas, 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 beneficial provisions of the amended third article of the treaty between the United States and the Kickapoo tribe of Indians of Kansas, made June twenty-eighth, eighteen hundred and sixty-two, and proclaimed May twenty-eighth, eighteen hundred and sixty-three, be, and the same hereby are, extended to all adult allottees under said treaty, without regard to their being “males and heads of families,” and without distinction as to sex.

SEC. 2

That where allottees under the aforesaid treaty shall have died, or shall hereafter decease, leaving heirs surviving them, and without having obtained patents for lands allotted to them in accordance with the provisions of said treaty, the Secretary of the Interior shall cause patents in fee-simple to issue for the lands so allotted, in the names of the original allottees, and such allottees shall be regarded,

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for the purpose of a careful and just settlement of their estates, as citizens of the United States and of the State of Kansas; and it shall be competent for the proper courts to take charge of the settlement of their estates, under all the forms and in accordance with the laws of the State of Kansas, as in the case of other citizens deceased; and where there are children of allottees left orphans, guardians for such orphans may be appointed by the probate court of the county in which such orphans may reside; and such guardians shall give bonds, to be approved by the said court, for the proper care of the person and property of such orphans as provided by law.

SEC. 3

That where allottees under said treaty shall have died, or shall hereafter decease, leaving no heirs surviving them, and without having become citizens and received patents for their allotments, as provided in the third article of said treaty, the Secretary of the Interior shall cause to be appraised and sold for cash, in such manner as he may direct, the lands of such allottees; and after paying the expense incident to such appraisement and sale, the net proceeds thereof shall be deposited in the Treasury of the United States to the credit of the said Kickapoo tribe of Indians, to be expended in such manner as the Secretary of the Interior may deem best for the benefit of the said tribe.

SEC. 4

That the Secretary of the Interior shall cause patents in fee-simple to be issued for the lands sold under the provisions of the preceding section, in the same manner as patents are issued for public lands.

Approved, August 4, 1886.


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