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RULES AX11 KEGliLATIOXS TO BE OBSERIrED IK THE EXECLTIOX OF LEASES OF INDIAK ALLOTMENTS. Section 3 of aot of Congess (Chap. 383, 26 Stats., p. 7953, approverl February 28, 1891, provides: In order to gire fill1 force anrl effect to the above enactment, the fallowing rules and regulations are hereby promulgated for the information ancldireotion of all parties oonoerned: 1. 'The term "age," asuaed in seidact, is defined to apply to all minors under 18 and all other p0C8on8 disabled by reason of old age. 2. The term "other disability" is defined to apply to: (a) Unmarried women. ( 6 ) All married women or widows who have neither husbands nor children in candition to ot~ltivateth eir land with profit. (e) All who are disabled by reason of chronic sickness or incurable physical defect. (d) All those who are disabled by nntivedefeot of mind or permanent inour-able mental disease. 3. Any allotteo not embraced iu any of the foregoing classes, who for any reason is unable to ailtirate any portion of his land, and desires to leaae the name, may make application therefor to the Indian agent, vhho must have authority from the Department before any lease made by allottee or representcttive will be valid. 4. Where the allottee ia able to cultivate only a very limited portion of his land, and desires, b?- reason of disability, to lease other portions, the facts should be clearl.rll set forth in the application. 5. I t ia, however, expressly stated that it is not intended to authorize the mak-ing of any leases by any Indian allottee vho has the neaessary physical and mental qualifications to eoiible any allotee to onitivate his or her own lend either person-ally or bv hired help. 6. ha' indenture of lense nlust be executed in aouformity with the terms and conditions cxpressed in the printed form issued by the Indian Office and approved bp the Ilepartmsnt. I. The terms for whioh farming and grasin leases may be made shall not exceed three yanrs, and miuiug leasea shall nut eaoeef ten years, as proviiled in mid sot. 8. The lease must be executed in triplicate, in the presence of two subscribing witnesses, and acknowledged beforo the Indian agent within the limits of whose agenoy the sllottee resides. 9. If the allottee or lessor does not reside within the limits of an Iudiau agency, the instrument of lense may be aoknomledved before a. jnstiae of the peace, or other officer having legal jnrisdiotion, whose o&cial ehxraater must be certified 11p the clerk of a court of record uuder the seal of suah co~mt. 10. If only a portion of the allotment is leased, a definite desoription by subdi- 'visions or by metes and bounds of said portion should be incarporatedin saidleese, accompanied b)- a diagrau~iu dioating the portionto be leased, whenever said metes and bonnds do not conform to the public survey. 11. The lease ulust be ncoompanied by the certificate of the Indian agent for the tribe to whioh the allottee belongs, that the contents, purport, and effect of the lease were explained to and full>- understood by the allottee or legal representative of said allottee. that said allottee being. .. .. . .. . .. . years old, cnn not peraonallv and with benefit to .......... self oeonpy or improve ...... .... allotment, or thk part thereof described andoovered by soid lease, g i ~ i n gth e speoifio reasons therefor aa iudiosted in rules 1 and 2; that the lessor is competent to manage his afairs and thus lease said allotment; that he has examined the said land and the character thereof, which he shall describe b)- leg%lsubdivisions or by nntaml metesnnd bounds, and gire n general deseript,ion of its surface, wood and water snpplr: improve- 4i6 |
