OCR Text |
Show 40 REPORT OF THE OOMMISSIONER OF INDIAN AFT-. Any Indian to whom a patent has been issued containing restric-tions against alienation can sell his or her landslmder the act of March 1,1907 (34 Stat., 1015-1018), as modified by the act of June 25, 1910 (36 Stat., 855456). The land will be sold to the highest bidder and a patent in fee will be issued in the name of the pur-chaser, except in cases where the land is located in the State of Oklahoma, or where a fee patent with restrictions on alienation had issued to the original allottee. In these cases a warranty deed, executed by the allottee and approved by the Secretary of the Inte-rior, will be given to the purchaser. The money derived from the sale of the land will be deposited to the credit of the allottee, subject to check, but authority for the expenditure of the money must first be approved by the Commissioner of Indian Affairs. If the Indian is sliown to be fairly competent to care for his affairs, a considerable portion of the money will be turned over to hi If good use is made of the privilege, additional sums will be given. In all cases sufficient funds will be given the Indian allottee to meet his absolute needs. ALIENATION OF INHERITEI~ LAND. When any Indian to whom an allotment of land has been made, or may hereafter be made, dies before the expiration of the trust period and before the issuance of a fee patent, without having made a will disposing of his ullotment, the heirs can- 1. Procure a patent in fee, if competent to care for their own affairs. 2. Sell the land under the supervision of the department. 3. If some of the heirs are competent and others not competent, the land may be partitioned by the Secretary of the interior, pro-vided it is shown that the lands are capable of partition to the ad-vantage of the heirs. When partitioned, a patent in fee can issue for lands set aside to heirs who are competent, and the lands set aside to heirs who are not competent can be sold under the super-vision of the department. 4. In case the land is sold under the supervision of the depart-ment the probeeds derived from the sale will be deposited to the credit of the heirs, and in case some of said heirs are competent their shares of the proceeds of sale will be paid to them. The act of Congress approved June 25, 1910 (36 Stat., 855-856), provides that the Secretary of the Interior, upon notice and hearing, under such rules as he may prescribe, shall ascertain the legal heirs of deceased allottees and his decision thereon shall be final and oonclusiqre. When a petition for a patent in fee or a petition for the sale of inherited Indian land is received, the superintendent 0r other officer |