OCR Text |
Show 422 RULES FOR EXECUTING LEASES OF ALLOTMENTS. HOW EXECUTED. 1. The indenture of leaae must be executed in conformity with the terms and con-ditions expressed in the printed blanks issued by the Indian Office and approved by thb Department. Leases exeouted on other forms will not be recognized. Agents in charge of reservations where there Ere dotted lands will be furnished n supply of these blank forms on application. 2. The lease must be executed in triplieate, in the *r,resenoe of two subscribing witnesses, and acknowledged before the Indian agent within the limits of vihose agency the allottee resides. 3. If the allottee or lessor does not reside within the limits of so Indian agenag, the instrument of lease may beacknowled-ed before a justios of the pesea or other officer having legal jurisdiction, whose 08icial oharacter must he oertified by the clerk of a court of record under the seal of auoh court. 4. If only s, portion of the sllotment is leased, a, definite description by subdi-visions or by metes and bounds of said portion should be inaorporated in said leaae, accompanied by a diagram indioating the portion to be leased, whenever aaid metes and bounds do not conform to the public survey. 5. The lease mu& be accompanied by the aertifionte of the Indian agent for the tribe to which the allottee belongs, tbat the oontents, purport, andeffeot of the leaae were explained to and fully understood by the allattea or legal representative of said allollottee; that aaid allottee being - years old, o m not personally snd with benefit to - self occupy or improve - allotment, or the partthereof desoribed and covered by aaid lease, giving the spectic reaaone therefor as indicated in rulaa 2 and 3; that the lessoris oompetent to manage his attsirs and thus lease said allot-ment. thet he has examined the said land and the eherster thereof, which he ehdl describe by legal subdivisions or by natural metes and bounds, and give a. general desoriptian of its surfaae, wood and water supply, improvements, present use, near-ness to market, use for which best adapted, and any other detsile whxoh will aneble the Commissioner of Indian Affairs and the Secretary of the Interior to form a just estimate ae to the desirability of the lease. He ahall state olearly and in detail the speoifio reasons why authority tomake the lease is asked, and makereoommendstion io.the premises, stating expressly whether, i n his judgment, it would be to the manifest ~dveot sgeo f the illlottee to anthorise the leeae, aud that he is sstiafied tbat the land can be ocoupied, used, and improved more ad~autageouslya nd profitably for the purposes nsmed in thelsese than for the other purposes referred to in mid act; that he belleves the rent or consideration agreed upon to be a full, fair, just, and reasonable rental for the premirres, and the most desirable obtainable; and that the said leaae is in eyery respect free from ireud or deception, and that he ia in no respect interested in said lease. . He will set forth the character and habits of the allottee aa to industry, thrift, snd eneral oonlluct. also the oharecter, uprightness, and intelligenoe of the pro-poeeJlessee, andsbafl indicate whether in h ~jsud gment the presence of said lessee will he beneficial to the Indians. 6. If the inetrument is acknowlerlged before n jnstios of the peace or any offioer other than the Indian agent, he must furnish the certificate required of the Indian agent in rule 5. If, however, the facts shill1 not be known to the Indian agent or other officer, they must beverified by affidsvita of not less than two disinterested, credible persons who are co nizant of the facts and of the value of aaid land for the purposea nemed in said %:me, whose veracity must be certifiedto by such officer. 7. All the testimony and a11 pspers pertaining to sad indenture of lease must be properly authenticated nuder seal. 8. A oertificnta si ned by two or more disinterested, credible persons must be for-niehed, setting forti from their personal knowledge the identification of the lessor ss the allottee, or the heir or legal representative of the allottee his age, and state epecifioally the reason why the allottee shonld be given the benkttits of the said aat, and why they think it advisable that th6 land should be ao disposed of or leased. EXECUTION OX TRE BONDS. 1. The greater portion of the third psge of the blank leesea now in use oanstitute a bond. This bond must be signed by two or more sufficient sureties, guaranteeing the % p e n t of all the rents and royalties et the time specified, and the performance of 81 ooveoants and agreements named in the indentore to be paid and performed by the lessee. 2. Below the bond is a bleok "Yerifiontion of sllreties." This verifio,~tionm mast be subscribed and swornto beforesome offioer who is ~uthor ieedtoa dminister oetha. Ifaubsoribed to before n justice of the peace or a potary public, the official charac-ter of sooh offioer must be certified to before some officer of 5 court of record, nuder seal, having jurisdiction in the county where the acknowledgment was taken. The sureties must write their own names in the verification; they ~ u snto t be written in by the officer taking the 8cknowledgment. |