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-THIRD CONGRESS—SECOND SESSION, 1875.
CHAP. 131 | CHAP 132 | CHAP 133

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Chapter 131
Sections 15 | 16

Margin Notes
Sec. 15 Certain Indians entitled to benefit of homestead laws.
    R. S., 2289, 2302.
    1884, July 4,c. 180. post. p. 31.
    1887, Feb. 8. c. 119, post. p. 33.
    1891, Feb. 28, c. 383, post. p. 57.
Sec. 15 not to alienate same. &c.
    1893. Mar. 3. c. 209, post, p. 66.
Sec. 15 interest of, in tribal property, &c.
Sec. 16 entries of homestead by, heretofore made, confirmed.
    147 U. S., 640: 5 Dakota, 335.

{Page 23}

Chapter 131
    Mar. 3, 1875. | 18 Stat., 402
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An act making appropriations to supply deficiencies in the appropriations for fiscal years ending June thirtieth, eighteen hundred and seventy-five, and prior years, and for other purposes.
SEC. 15

That any Indian born in the United States, who is the head of a family, or who has arrived at the age of twenty-one years, and who has abandoned, or may hereafter abandon, his tribal relations, shall, on making satisfactory proof of such abandonment, under rules to be prescribed by the Secretary of the Interior, be entitled to the benefits of the act entitled “An act to secure homesteads to actual settlers on the public domain,” approved May twentieth, eighteen hundred and sixty-two, and the acts amendatory thereof, except that the provisions of the eighth section of the said act shall not be held to apply to entries made under this act:

Provided, however, That the title to lands acquired by any Indian by virtue hereof shall not be subject to alienation or incumbrance, either by voluntary conveyance or the judgment, decree, or order of any court, and shall be and remain inalienable for a period of five years from the date of the patent issued therefor:

Provided, That any such Indian shall be entitled to his distributive share of all annuities, tribal funds, lands, and other property, the same as though he had maintained his tribal relations; and any transfer, alienation, or incumbrance of any interest he may hold or claim by reason of his former tribal relations shall be void.

SEC. 16

That in all cases in which Indians have heretofore entered public lands under the homestead-law, and have proceeded in accordance with the regulations prescribed by the Commissioner of the General Land Office, or in which they may hereafter be allowed to so enter under said regulations prior to the promulgation of regulations to be established by the Secretary of the Interior under the fifteenth section of this act, and in which the conditions prescribed by law have been or may be complied with, the entries so allowed are hereby confirmed, and patents shall be issued thereon; subject, however, to the restrictions and limitations contained in the fifteenth section of this act in regard to alienation and incumbrance. [March 3, 1875.]


NOTE.—The provisions here referred to are incorporated into Revised Statutes in sections noted in the margin. The eighth section of the act of 1862, ch. 75 (12 Stat., 392), here excepted, forms sec. 2301 of Revised Statutes.


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