496 FIFTY-FIFTH CONGRESS. Sess. II. Ch. 517. 1898. upon the chief or governor of the tribe, and the suit shall thereafter be conducted and determined as if said tribe had been an original party to said action. °‘;Ti¤:1••:i¤¤¤¤h° @:,5 Sec. 3. That said courts are hereby given jurisdiction in their ' me E $»e;1¤-use s respective districts to try cases against those who may clann to hold $”°,¤,°*°,‘f *‘**°*“‘“"¤ as members of atribe and whose membership is denied by the tribe, ` but who continue to hold said lands and tenements notwithstanding —r¤¤¤•¤¤1 ¤f v•¤*¤¤- the objection of the tribe; and if it be found upon trial that the same are held unlawfully against the tribe by those claiming to be members thereof, and the membership and right are disallowed by the commission to the Five Tribes, or the United States court, and the judgment has become iinal, then said court shall cause the parties charged with unlawfully holding said possessions to be removed from the same and cause the lands and tenements to be restored to the person or persons P or nation or tribe of Indians entitled to the possession of the same: EQ&f§,w,,,,,,,,,, Promdcd aluxayr, That any person being a noncitizen in possession of ¤i<·¤ •¤ •¤>¤re¤••¤¤¤ lands, holding the possession thereof under an agreement, lease, or {K§,,`§§}°"u" ""’°°"` improvement contract with either of said nations or tribes, or any citizen thereof, executed prior to January first, eighteen hundred and ninety- eight, may, as to lands not exceeding in amount one hundred and sixty acres, in defense of any action for the possession of said lands show that he is and has been in peaceable possession of such lands, and that he has while in such possession made lasting and valuable improvements thereon, and that he has not enjoyed the possession thereof a sufficient length of time to compensate him for such improvements. Thereupon the court or»jm·y frying said cause shall determine the fair and reasonable value of such improvements and the fair and reasonable rental value of such lands for the time the same shall have been occupied by such person, and if the improvements exceed in value the amount of rents with which such persons should be charged the court, in its judgment, shall specify such time as will, in the opinion of the court, I · compensate such person for the balance due, and award him possession for such time unless the amount be paid by claimant within such reasonable time as the court shall specify. If the Ending be that the amount of rents exceed the value of the improvements, judgment shall be rendered against the defendant for such sum, for which execution may issue. "g;¤:]i¤¤,e¤~;:t<;{_g;»lgé Sec. 4. That all persons who have heretofore made improvements on risticii ciismsmp. lands belonging to any one of the said tribes of Indians, claiming rights of citizenship, whose claims have been decided adversely under the Act V¤*· ‘¤°· 1* 3** of Congress approved June tenth, eighteen hundred and ninety-six, shall
- ¤g¤,j;;nt}_•;_<>f Mir have possession thereof until and including December thirty-tirst,
'eighteen hundred and ninety-eight; and may, prior to that time, sell or dispose of the same to any member of the tribe owning the land who ggggjgéu Nmm desires to take the same in his allotment: Provided, That this section shall not apply to improvements which have been appraised and paid for or payment tendered by the Cherokee Nation under the agreement "··¤·¤¤ v-**1- with the United States approved by Congress March third, eighteen hundred and ninety-three. `__*f_*jm_{;_¤¤*'*° ¤**· Sec. That before any action by any tribe or person shall be commenced under section three of this Act it shall be the duty of the party- bringing the same to notify the adverse party to leave the premises for —~·¤‘i¢¤ ¤f ¤¤¢i¤¤- the possession of which the action is about to be brought, which notice shall be served at least thirty days before commencing the action by leaving a written copy with the defendant. or, if he can not be found, by leaving the same at his last known place of residence or business with any person occupying the premises over the age of twelve years, or, if his residence or business address can not be ascertained, by leaving the same with any person over the age of twelve years upon the premises sought to be recovered and described in said notice; and if there be no person with whom said notice can be left, then by posting same on the premises.
