Title 25 — Indians
Chapter 10 — Descent and Distribution; Heirs of Allottee
§ 371. Descent of land
Statutory text
For the purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of section 348 of this title, whenever any male and female Indian shall have cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this Act shall not be held or construed as to apply to the lands commonly called and known as the “Cherokee Outlet.”
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 51–383 § 5 · 26 Stat. 794
Enacted · 25 U.S.C. § 371
(Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.)
Source evidence
Code source credit
(Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.)Enacted provision · exact public law section
Sec. 5. That for the purpose of determining the descent of land to Determination of descent, etc. the heirs of any deceased Indian under the provisions of the fifth section of said act, whenever any male and female Indian shall have Vol. 24, p. 389. cohabited together as husband and wife according to the custom and FIFTY-FIRST CONGRESS. Sess. II. Chs. 383, 384. 1891. manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the Provisos. legitimate issue of the father of such child; Provided, That the “Cherokee Outlet” lands excepted. provisions of this act shall not be held or construed as to apply to the lands commonly called and known as the “Cherokee Outlet”: And provided further, Certain Sacs and Foxes excepted. That no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, Pending rights, etc., unimpaired. eighteen hundred and ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated.
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
This Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26 Stat. 794, which enacted sections 336, 371, and 397 of this title and amended section 331 of this title. For complete classification of this Act to the Code, see Tables.
Codification
A further provision of section 5 of act , “that no allotment of lands shall be made or annuities of money paid to any of the Sac and Fox of the Missouri Indians who were not enrolled as members of said tribe on January first, eighteen hundred and ninety; but this shall not be held to impair or otherwise affect the rights or equities of any person whose claim to membership in said tribe is now pending and being investigated,” was repealed by a provision of the Indian Appropriation Act of Mar. 2, 1895, ch. 188, § 1, 28 Stat. 902.
Credits
(Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.)