OCR Text |
Show BEPORT OF TEE COMMISSIONEB OF INDIAN APFAIRS. 41 designated by the Secretary of the Interior shall post notices in conspicuous places on the reservation, to the effect that on a certain date and place named he will take testimony to be submitted to the Secretary of the Interior for the purpose of determining the legal heirs of the deceased allottee. This notice shall be posted for a period of thirty days. Before the time of hearing it shall be the duty of the superin-tendent or other officer designated by the Secretaq of the Interior to carefully examine the allotment, census, annuity rolls, and other records on file at the agency and make notations therefrom as to the relatives of the decedent for use at the hearing. All persons known to be entitled to participation in the estate, and all persons known by the superintendent who claim to be enti-tled to participation, must be notified of the time and place when and where the hearing is to be held. The superintendent is directed to secure the attendance of at least two disinterested persons who are acquainted with and have direct knowledge of the family history of the deceased, to give testimony at the hearing, or he may procure their affidavits, and in case the affiants are not present at the hearing their affidavits must be read and made a part of the record. In case affidavits are submitted and any of the parties claiming an interest desire it, the affiants should be called for the purpose of cross-examination. At the hearing the heirs, or those claiming as such, should be re-quired to fully set forth their claims. All the testimony taken must be reduced to writing and subscribed and sworn to before the officer conducting the proceeding. All the testimony taken, a copy of the posted notices to heirs, and a copy of the notice sent to persons to appear at the hearing must accompany the papers when the petition for a patent in fee or the papers relating to the sale of land are submitted for consideration. CONTRACTS WITH INDIANS FOR LAND HELD IN TRUST. Investigations made by the Indian Office show that on many reser-vations certain persons have procured Indians to sign a contract for the sale of Indian land held under a trust patent. While this con-tract is clearly void, in most instances it has been filed of record and was a cloud upon the title. The act of June 25, 1910 (36 Stat., 85-56), provides as follows: Sm.6. That it shall be unla+ful for any person to induce any Indian to execute any contract, deed, mortgage, or other instrolllent purporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this pro-vision shaU be punished by a flue not exceeding five hundred dollars for the tirst OfPense, and if convicted for a sffond offense may be punished by a flne |