INDIAN AFFAIRS: LAWS AND TREATIES

Vol. III, Laws     (Compiled to December 1, 1913)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1913.


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ACTS OF FIFTY–NINTH CONGRESS—FIRST SESSION, 1906.
CHAP. 7 | CHAP. 518 | CHAP. 629 | CHAP. 961 | CHAP. 962 | CHAP. 1125 | CHAP. 1126 | CHAP. 1348 | CHAP. 1350 | CHAP. 1645 | CHAP. 1876 | CHAP. 2348 | CHAP. 2469 | CHAP. 2567 | CHAP. 2573 | CHAP. 2580 | CHAP. 3298 | CHAP. 3335 | CHAP. 3504 | CHAP. 3548 | CHAP. 3572 | CHAP. 3578 | CHAP. 3581 | CHAP. 3598 | CHAP. 3599 | CHAP. 3912 | CHAP. 3914

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Chapter 629
Section 2

Margin Notes
Chap. 629 Columbia and Colville reservations Wash. Patents to Indians for allotted lands in.
    23 Stat., 79, vol. 1, p. 225.
Chap. 629 Lands held in trust for 10 years.
Chap. 629 Patent in fee at expiration.
Chap. 629 Prior conveyance etc., by allottee void.
Sec. 2 Allottees may sell lands.
Sec. 2 Restriction.
Sec. 2 Sales by heirs.
Sec. 2 Approval by Secretary of the Interior.
    34 Stat., 56.
Sec. 2 Taxation.

{Page 161}

Chapter 629
    Mar. 8, 1906. [H. R. 10697.] | [Public, No. 37.] 34 Stat., 55.
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An act providing for the issuance of patents for lands allotted to Indians under the Moses agreement of July seventh, eighteen hundred and eighty-three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior be, and he is hereby, authorized and directed to issue patents to such Indians as have been allotted land under and by virtue of the agreement concluded July seventh, eighteen hundred and eighty-three, by and between the Secretary of the Interior and the Commissioner of Indian Affairs and Chief Moses and other Indians of the Columbia and Colville reservations, commonly known as the Moses agreement, accepted, ratified, and confirmed by the act of Congress approved July fourth, eighteen hundred and eighty-four (Twenty-third Statutes, pages seventy-nine and eighty), which patents shall be of legal effect and declare that the United States does and will hold the lands thus allotted for the period of ten years from the date of the approval of this act in trust for the sole use and benefit of the Indian to whom such allotment was made, or in case of his decease, either prior or subsequent to the issuance of such patent, of his heirs, according to the laws of the State of Washington, and that at the expiration of said period the United States will convey the same by patent to the said Indian, or his heirs as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. And if any conveyance shall be made of the lands so held in trust by any allottee or his heirs, or any contract made touching the same, except as herein-after provided, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void.1


1   U. S. v. Moore, 161 Fed., 513; Starr v. Long Jim, 227 U. S., 613; 40 L. D., 212.

{Page 162}

SEC. 2

That any allottee to whom any trust patent shall be issued under the provisions of the foregoing section may sell and convey all the lands covered thereby, except eighty acres, under rules and regulations prescribed by the Secretary of the Interior. And the heirs of any deceased Indian to whom a patent shall be issued under said section may in like manner sell and convey all of such inherited allotment except eighty acres, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser the same as if a final patent without restrictions upon alienation had been issued to the allottee. All allotted land alienated under the provisions of this act shall thereupon be subject to taxation under the laws of the State of Washington.

Approved, March 8, 1906.


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