Page:United States Statutes at Large Volume 26.djvu/766

FIFTY-FIRST CONGRESS. Sess. II. Ch. 65. 1891. 713 any tract or tracts at any time after the a praised value of the im- _ msu-umusmaeeepcp provements thereon shall have been paicfi And provided fwrther, mg "““"°’°*" hat 111 case any land shall be selected under this act to which any railroadcompany is or shall hereafter be entitled toreceive a patent, such railroa company shall, uplon releasing all claim and title thereto, and on the approval of the President and Secretary of the Interior, be allowed to select an equal quantity of other land of like value in lieu thereof, at such lace as the Secretary of the Interior shall determine: And provided further, That said patents declaring such lands to be held in trust as aforesaid shall be retained and ke t Custody of trunin the Interior Department, and certified copies of the ame shall he ’°O°§'Q{§g_ forwarded to and ept at the agency by the agent having charge of the Indians for whom such lands are to be held in trust, and said . copies shall be open to inspection at such agency. EC. 4. That whenever any of the Indians residing u on any res- Allotments m sev. ervation patented under the provisions of this act shall, in the °"°“Y· opinion o the Secretary of the Interior, be so advanced in civilization as to be capable of owning and managing land in severalty, the Secretary of the‘Interior may cause allotments to be made to such Indians, out of the land of such reservation, in quantit as follows: To each head of a family not more than six hundred and forty acres ¤¤¤¤¤¤¤¤i1v- nor less than one hundred and sixty acres of pasture `or azin land, and in addition thereto not exceeding twenty acres, as hl; shag deem for the best interest of the allottee, of arab e land in some suitable locality; to each single person over twenty-one years of age not less s1¤g1¤_pm<>¤. than eighty nor more t an six hundred and forty acres of pasture _ or grazing land and not exceeding ten acres of such arable land. Sec. 5. That upon the approva of the allotments provided for in rmmsmauomu. the preceding section by the Secretary of the Interior he shall cause _ patents to issue therefor in the name of the allottees, which shall be of the legal effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years, in mms:. trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or, in case of his decease, of his heirs according to the laws of the State of California, and that at the expiration of said eriod the United States will convey the same gy patent to the saidp Indian, or his heirs as aforesaid, in ee, discharg In rm. of said trust and free of all charge or incumbrance whatsoever. And if an conveyance shall be made of the lands set aplart and mor couveymm, allotted aslierein provided, or any contract made touching the same, °'°··'°*°· before the ex iration of the time above mentioned, such conveyance or contract sliall be absolutely null and void: Provided, That these mmm. patents, when issued, shall override the patent authorized to be Power et severalty issued to the band or village as aforesaid, and shall separate the P“°°"°“· individual allotment from the lands held in common, which proviso shall be incorporated in each of the village patents. Sec. 6. That in cases where the lands occupied by any band or mgm erxnunmeu village of Indians are wholly or in part within the limits of any con- M°‘*°“” '°”d ¤¤¤'¤- firmed rivate grant or grants, it s all be the duty of the Attorney- Generaliof the United States, upon request of the Secretary of the Ammsy-eeuemm Interior, through special counsel or otherwise, to defend such ‘°*““°·°‘°· Indians in the rights secured to them in the original grants from the Mexican Governinent/and in an act for the government and rotection of Indians passed by the legislature of the State of Califiornia April twenty-second, eighteen hundred and fift y, or to brin any suit. in the name of the United States, in the Circuit Court of the United States for California, that may be found necessary to the full rotection of the legal or equitable rights of any Indian or tribe of Indians in any of such lands. Sno, 7. That each of the commissioners authorized to be appointed ¤¤ <>¤ by the first section of this act shall be paid at the rate of Cl ht dollars per day for the time he is actually and necessarily emplbyed in