Page:United States Statutes at Large Volume 7.djvu/462

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452 TREATY WITH THE CHICKASAWS. 1834. consisting of ten persons, and upwards, four sections of land are reserved. To those who have five and less than ten persons, three sections. Those who have less than five, two sections. Also those who own more than ten slaves, shall be entitled to one additional section; and those owning ten and less than ten to half a section. These reservations shall be confined, to the sections or fractional sections on which the party claiming lives, or to such as are contiguous or adjoining to the sections resided upon, subject to the following restrictions and conditions : —- Firstly. In cases where there are interferences arising, the oldest occupant or settler, shall have the preference, or, Secondly. Where the land is adjudged unfit for cultivation, by the Agent, and three of the seven persons, named in the fourth article above, the party entitled, shall be, and is, hereby authorized, to locate his claim upon other lands, which may be unappropriated, and not subject to any other claim; and where two or more persons, insist upon the entry of the same unappropriated section or fractional section, the priority of right shall be determined by lot; and where a fractional section is taken, leaving a balance greater or less than the surveyed subdivision of a section, then the deficiency shall be made up, by connecting all the deficiencies so arising: and the Register and Receiver thereupon, shall locate full or fractional sections, fit for cultivation, in the names respectively of the different persons claiming which shall be held by them as tenants in common, according to the respective interests of those who are concerned; and the proceeds when sold by the parties claiming, shall be divided according to the interests, which each may have in said section or fractional section, so located, or the same may be divided agreeably to quality or quantity. Reservations ART. VI. Also reservations of a section to each, shall be granted to gf §°¥$;3*,}¤» P0! persons male and female, not being heads of families, who are of the u;:_S° Um' age of twenty-one years, and upwards, a list of whom, within a reasonable time shall be made out by the seven persons herein before mentioned, and `filed with the Agent, upon whose certificate of its believed accuracy, the Register and Receiver, shall cause said reservations to be located upon lands fit for cultivation, but not to interfere with the settlement rights of others. The persons thus entitled, are to be excluded from the estimated numbers contained in any family enumeration, as is provided for in the fifth article preceding: and as to the sale, lease, or disposition of their reserves, they are to be subject to the conditions and restrictions, set forth in the fourth article. In these and in all other reserves where the party owning or entitled, shall die, the interest in the same shall belong to his wife, or the wife and children, or to the husband, or to the husband and children, if there be any; and in cases of death, where there is neither husband, wife, nor children left, the same shall be disposed of for the general benefit; and the proceeds go into the general Chickasaw fund. But where the estate as is prescribed in this article, comes to the children, and having so come, either of them die,lthe survivor or survivors of them, shall be entitled to the same. But this rule shall not endure longer than for five years, nor beyond the period when the Chickasaws may leave their present for a new home. rn case or mu. Am-. VII. Where any white man, before the date hereof has married flag? l>¢¤w¢¤¤¤ an Indian woman, the reservation he may be entitled to under this

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dE?,";,;d treaty, she being alive, shall be in her name, and no right of alienation

man, of the same shall purtain to the husband unless he divest her of the title, after the mode and manner that feme coverts, usually divest themselves of title to real estate, that is, by the acknowledgment of the wife which may be taken before the Agent, and certified by him, that she