INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.


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PUBLIC ACTS OF THE SIXTY-FIFTH CONGRESS, SECOND SESSION, 1918.
Chap. 12  | Chap. 21 | Chap. 28 | Chap. 86 | Chap. 88 | Chap. 92 | Chap. 101 | Chap. 106 | Chap. 113 | Chap. 130 | Chap. 139 | Chap. 161 | Chap. 171 | Chap. 201

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Chapter 101
June 14, 1918. | [S. 4151.] 40 stat.; 606.

An Act To provide for a determination of heirship in cases of deceased members of the Cherokee, Choctaw, Chickasaw, Creek, and Seminole Tribes of Indians in Oklahoma, conferring jurisdiction upon district courts to partition lands belonging to full-blood heirs of allottees of the Five Civilized Tribes, and for other purposes.
Section 2

Margin Notes
Chap. 101 Five Civilized Tribes. Determination of heirship of allottees by Oklahoma probate courts conclusive thereof.
Chap. 101 Provisos. Appeal.
Chap. 101 Petitions allowed for determining.
Chap. 101 Procedure to follow State practice.
Sec. 2 Partition of real estate of full-blood members governed by State laws. Alienation, etc., restriction continued.
Sec. 2 Removed when sold under decree, etc.

Page 179

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the State of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said State for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, That an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, That where the time limited by the laws of said State for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws: Provided further, That said petition shall be verified, and in all cases arising hereunder service by publication may be had on all unknown heirs, the service to be in accordance with the method of serving nonresident defendants in civil suits in the district courts of said State; and if any person so served by publication does not appear and move to be heard within six months from the date of the final order, he shall be concluded equally with parties personally served or voluntarily appearing.

SEC. 2.

That the lands of full-blood members of any of the Five Civilized Tribes are hereby made subject to the laws of the State of Oklahoma, providing for the partition of real estate. Any land allotted in such proceedings to a full-blood Indian, or conveyed to him upon his election to take the same at the appraisement, shall remain subject to all restrictions upon alienation and taxation obtaining prior to such partition. In case of a sale under any decree, or partition, the conveyance thereunder shall operate to relieve the land described of all restrictions of every character.1

Approved, June 14, 1918.


1 235 U. S., 42; 259 Fed., 694; 273 Fed., 113; 126 Pac., 573; 162 Pac., 786;
173 Pac., 1136; 174 Pac., 495; 184 Pac., 113; 189 Pac., 537; 190 Pac., 263;
198 Pac., 312; 204 Pac., 439; 219 Pac., 392-395; 229 Pac., 483;
232 Pac., 797; 241 Pac., 768; 245 Pac., 874; 253 Pac., 989; 257 Pac., 304; 46 L. O. D., 445.


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