Page:United States Statutes at Large Volume 25.djvu/813

765 FIFTIETH UONGRESS. Sess. II. Ch. 321. 1889. March 1, 1889. CHAP. 321.-An act to provide for the settlement of the titles to the lands claimed ""*""‘""" by or rmder the Black Bob band of Shawnee Indians m Kansas, or adversely thereto, and for other purposes. Be it enacted by the Senate and House of Representatives of the Buds of Black Bob United States of America in Congress assembled, That the Attorney- %IT§"`°° I°di°“’ General of the United States shall be, and he is hereby, instructed to br·gJ°°°s*,{§Y·G°¤°’*I °° cause a suit in equity to be brought in the name of the United States, gin the circuit court for the district of Kansas, to quiet and finally settle the titles to the lands claimed by or under the Black Bob ba11d of Shawnee Indians in Kansas, or adversely to said titles. P*'“°°· All persons having claims to said lands, or any part thereof, as well as said band of Indians, shall be made parties to said suit, either personally or by representation, as said court may deem convenient, consistently with justice to all the interests mvolved, and notice of the institution and pendency of said suit, and for the appearance of the parties thereto shall be given, either by personal service or by such publication as the court shall order, or both. Lgmghw ¤f 1¤di¤¤¤¤¤ It sl1aH be the duty of the Attorney—General to cause the rights of pr°°°°t°d` Said band of Indians, and of the individual members thereof, to be duly presented and protected in said suit, and he Shall emplqly counsel to aid in such protection; and any other claimants to said lands, or any part thereof, may appear in said cause personally or by counsel, to defend the same and assert their rights; and said court shall, u on proof and hearh1g,Hroceed to determine according to the Irgincipibs ot law and equity, a questions arising in respect to said nds, or any part thereof and decree according y, and cause such D¢¤*¤¤· decree to be carried into execution; and the possession of the lands or parts thereof, respectively, to be delivered to the persons entitled theretor and upon a Hnal decision of said matters it shall be the duty of the Secretary of the Interior to approve deeds for said lands in conformity to such decision. No objections shall be allowed in said suit in respect to want or misjoinder of parties other than such as are required in this act, or for multifariousness or want of form. ·*PP°°L The right of appeal to the Supreme Court of the United States shall _ exist as in other cases. ,¤Q£“,j°:g°b‘§gg jjj Sec. 2._ That all the provisions of the above section, including those mms. as to notification of parties, as far as the same may be ap hcable, are hereby extended to all conveyances and transfers of land) within the jurisdiction of the United States circuit court for the district of Kansas acquired under Indian treaties with the United States, and covered by deeds of Indian allottees and patentees which the Secretary of the Interior has refused to approve. The said circuit court is hereby empowered and required, in cases properly before it, to hear and determine all questions of inheritance to any of said lands, determine mscenwr prop the rightful heirs thereto, and the interest of each heir in and to any my- °‘°· such lands, in cases where money has been paid, advanced, or depos— ited for the transfer of any lands and the title thereto for any causefails or is imperfect, the circuit court shall inquire and determine as to the rightful application of any such money paid, advanced, o1· deposited. and shal make such orders. °udgments, or decrees in rela— tion thereto as will protect the rights of; innocent parties consistently with justice to all interests involved; and said circuit court shall, in all cases properly before it, hear, try, settle, and determine all controversies or disputes between occupants on said lands and the owners or holders of the titles to the same; and all other controversies or disputes in regard to the transfer of any of said lands, the said circuit court shall ear and determine, in every case, according to the rinciples of law and equity, and enter up judgments, orders, and diecrees accordingly, and enforce the same, and on final hearing apportion the costs among the parties as the e uity of the case may require. mF<>¤¤;§¤‘ ¤‘¢¤<>i¤¤¤¤ That the joint resolution of (hlarch third, eighteen hundred and 9°imjp_.gg_ seventy-nine, entitled "Joint resolution instructing the Attorney-