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 FIFTIETH CONGRESS—SECOND SESSION, 1889.
CHAP. 18 | CHAP. 24 | CHAP. 49 | CHAP. 134 | CHAP. 152 | CHAP. 202 | CHAP. 203 | CHAP. 238 | CHAP. 241 | CHAP. 280 | CHAP. 317 | CHAP. 321 | CHAP. 378 | CHAP. 391 | CHAP. 402 | CHAP. 405 | CHAP. 412 | CHAP. 416 | CHAP. 421 | CHAP. 422

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Chapter 321
Section 2

Margin Notes
Chap. 321 Lands of Black Bob Shawnee Indians, Kans. Attorney-General to bring suit.
    See note, 1890, c. 1249, post, p. 372.
Chap. 321 Parties.
Chap. 321 Rights of Indians to be presented.
Chap. 321 Decree.
Chap. 321 Appeal.
Sec. 2 Jurisdiction, etc., in Indian land cases, Kans.
Sec. 2 Descent of property etc.
Sec. 2 Former resolution repealed.
    20 Stat., 488.
Sec. 2 Proviso. Decrees.

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Chapter 321
    Mar. 1, 1889. | 25 Stat., 768.
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An act to provide for the settlement of the titles to the lands claimed by or under the Black Bob band of Shawnee Indians in Kansas, or adversely thereto, 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 Attorney-General of the United States shall be, and he is hereby, instructed to cause a suit in equity to be brought in the name of the United States, in the circuit court for the district of Kansas, to quiet and finally settle the titles to the lands claimed by or under the Black Bob band of Shawnee Indians in Kansas, or adversely to said titles.

All persons having claims to said lands, or any part thereof, as well as said band of Indians, shall be made parties to said suit, either personally or by representation, as said court may deem convenient, consistently with justice to all the interests involved, and notice of the institution and pendency of said suit, and for the appearance of the parties thereto shall be given, either by personal service or by such publication as the court shall order, or both.

It shall be the duty of the Attorney-General to cause the rights of said band of Indians, and of the individual members thereof, to be duly presented and protected in said suit, and he shall employ counsel to aid in such protection; and any other claimants to said lands, or any part thereof, may appear in said cause personally or by counsel, to defend the same and assert their rights; and said court shall, upon proof and hearing, proceed to determine according to the principles of law and equity, all questions arising in respect to said lands, or any part thereof and decree accordingly, and cause such decree to be car–

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ried into execution; and the possession of the lands or parts thereof, respectively, to be delivered to the persons entitled thereto; and upon a final decision of said matters it shall be the duty of the Secretary of the Interior to approve deeds for said lands in conformity to such decision. No objections shall be allowed in said suit in respect to want or misjoinder of parties other than such as are required in this act, or for multifariousness or want of form. The right of appeal to the Supreme Court of the United States shall exist as in other cases.

SEC. 2

That all the provisions of the above section, including those as to notification of parties, as far as the same may be applicable, are hereby extended to all conveyances and transfers of land within the jurisdiction of the United States circuit court for the district of Kansas acquired under Indian treaties with the United States, and covered by deeds of Indian allottees and patentees which the Secretary of the Interior has refused to approve. The said circuit court is hereby empowered and required, in cases properly before it, to hear and determine all questions of inheritance to any of said lands, determine the rightful heirs thereto, and the interest of each heir in and to any such lands, in cases where money has been paid, advanced, or deposited for the transfer of any lands and the title thereto for any cause fails or is imperfect, the circuit court shall inquire and determine as to the rightful application of any such money paid, advanced, or deposited, and shall make such orders, judgments, or decrees in relation thereto as will protect the rights of innocent parties consistently with justice to all interests involved; and said circuit court shall, in all cases properly before it, hear, try, settle, and determine all controversies or disputes between occupants on said lands and the owners or holders of the titles to the same; and all other controversies or disputes in regard to the transfer of any of said lands, the said circuit court shall hear and determine, in every case, according to the principles of law and equity, and enter up judgments, orders, and decrees accordingly, and enforce the same, and on final hearing apportion the costs among the parties as the equity of the case may require.

That the joint resolution of March third, eighteen hundred and seventy-nine, entitled “Joint resolution instructing the Attorney- General of the United States to bring suit in the name of the United States, to quiet and settle the titles of the Black Bob band of Shawnee Indians,” be, and the same is hereby, repealed: Provided, That this act shall not be so construed as to affect the validity of any decree heretofore rendered by the United States circuit court for the district of Kansas under the provisions of said joint resolution, or to impair the power of said court to set aside or amend or correct any such decree, or to divest any part in interest of his right to appeal to the United States Supreme Court within the time limited by law.

Approved, March 1, 1889.


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