Page:United States Statutes at Large Volume 31.djvu/916

864 FIFTY—SIXTH CONGRESS. Sess. II. Ch. 076. 1901. if, for any reason, such selection be not made for any citizen, it shall be the duty of said commission to make selection for him. ,,;Q*§“°"‘ °‘ h°‘“‘* The homestead of each citizen shall remain, after the death of the allottee, for the use and support of children born to him after the ratification of this agreement, but if he have no such issue, then he may dispose of his homestead by will, free from limitation herein imposed, and if this be not done, the land shall descend to his heirs according to the laws of descent and distribution of the Creek Nation, free from such limitation. P¤SS¢¤¤i¤¤· 8. The Secretary of the Interior shall, through the United States Indian agent in said Territory, immediately after the ratification of this agreement, put each citizen who has made selection of his allotment in unrestricted possession of his land and remove therefrom all persons objectionable to him; and when any citizen shall thereafter make selection of his allotment as herein provided, and receive certificate therefor, he shall be immediately thereupon so placed in possession of his land. m§gg¤1iZi¤s ¤¤<>¢- 9. When allotment of one hundred and sixty acres has been made ` to each citizen, the residue of lands, not herein reserved or otherwise disposed of, and all the funds arising under this a reement shall be used for the purpose of equalizing allotments, and if the same be insuitlicient therefor, the deficiency shall be su plied out of any other funds of the tribe, so that the allotments of all citizens may be made equal in value, as nearly as may be, in manner herein prov1ded. Town site . Tgwy gITES_ — 1j;<>v§¤g;>£t;¤r wr- 10. All towns in the Creek Nation having a present population of v°’ ‘p "two hundred or more shall, and all others may, e surveyed, laid out, and appraised under the provisions of an Act of Congress entitled "An Act makingappropriations for the current and contingent extpenses of _,,,,e, p_ 237_ the Indian epartment and for fulfilling treaty stipulations wi various Indian tribes for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes," approved May thirty-first, nineteen hundred, which said provisions are as follows: "That the Secretary of the Interior is hereby authorized, under rules and regulations to be prescribed by him, to survey, lay out, and plat into town lots, streets, alleys, and parks, the sites of such towns and villages in the Choctaw, Chickasaw, Creek, and Cherokee nations. as may at that time have a po ulation of two hundred or more, in such manner as will best subserve &e then riresent needs and the reasonable Filing DMB- prospective growth of such towns. he work of surveying, laying out, and platting such town sites shall be done by competent survey- ors, who shall prepare Eve ccglpies of the“plat of each town site whic , when the survey is approve by the Secretary of the Interior, shall be filed as follows: One in the office of the Commissioner of Indian Affairs, one with the rincipal chief of the nation, one with the clerk of the court within fhe territorial jurisdiction of which the town is located, one with the Commission to the Five Civilized Tribes, and one with the town authorities, if there be such. - Where in his judgment the best interests of the public service require, the Secretary of the Interior may secure the surveying, laying out, and platting of town _ sites in any of said nations by contract. . Gh¤,{_=§gv¤¤<1<>M¤k· "Hereafter the work of the resgiective town-site commissions pro- °sir`g1.so,§lto.s. _ vided for in the agreement with the Choctaw and Chickasaw tribes s,g}',°‘{§ b‘gg,,f‘{,§";§ ratified in section twenty-nine of the Act of June twenty-eighth, proralcfsurvev- eighteen hundred and ninety-eight, entitled ‘An Act for the protection of the people of the Indian Territory, and for other purposes,’ shall begin as to any town site immediately upon the approval of the survey by the Secretary of the Interior and not before.