Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

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Chapter 553
December 13, 1944 [S. 267] |  [Public Law 477] 58 Stat. 800

Relating to marriage and divorce among members of the Klamath and Modoc Tribes and Yahooskin Band of Snake Indians.
Section 2 | 3 | 4

Margin Notes
Chap. 553 Marriage and divorce among certain Indian tribes.
Sec. 2 Existing bona fide Indian custom marriages.
Sec. 3 Divorces by State court decree only.
Sec. 4 Inheritance restriction.
Sec. 4 Devolution of restricted property.
Sec. 4 5 U.S.C. § 555.

Page 256

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after six months after approval of this Act no marriage thereafter entered into, to which a member of the Klamath or Modoc or Yahooskin Band of Snake Indians of the Klamath Indian Reservation in Oregon is a party, shall be valid for any purpose unless such marriage shall have been solemnized pursuant to the laws of the State in which the ceremony is performed.

Page 257

SEC. 2.

Bona fide Indian custom marriages with members of said tribes mentioned in section 1 existing prior to the effective date of section 1 of this Act are valid, and recordation of such marriage with the superintendent of the Klamath Indian Agency, if both parties are then living, in a book kept by him for that purpose shall be prima facie evidence of such marriage. The nonrecordation of such a marriage shall be prima facie evidence of the nonexistence of such marriage.

SEC. 3.

From and after the date of the approval of this Act, divorces in which a member of the said tribes or band of Indians is a party shall be effected only by decree of a State court of competent jurisdiction.

SEC. 4.

No person shall be entitled to inherit as the surviving spouse of a deceased member of the Klamath or Modoc Tribes or Yahooskin Band of Snake Indians by virtue of a marriage entered into subsequent to the effective date of section 1 of this Act unless his or her marriage to the decedent has been solemnized in conformity with the provisions of this Act: Provided, That nothing herein contained shall be construed to authorize the devolution of restricted property within the Klamath Reservation to any person not qualified under the provisions of section 5 of the Act of June 1, 1938 (52 Stat. 605).

Approved, December 13, 1944.

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