Page:United States Statutes at Large Volume 37 Part 1.djvu/110

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SIXTY-SECOND CONGRESS. Sess. II. Ch. 83. 1912. 87 the time of filing, and said superintendent E authorized, whenever the interests of the allottee reqrure, to appear in the county court for the protection of the interests of the allottee. The superintendent of the ¤%`St°f»rr;.t Osage Agency or the Secretary of the Interior, whenever he deems the °*°- same neeessiary, rriray investigate the conldirct of exel<;utorsi;hadministrators, an guar rans oro er ersons vang mc arge eestate of any deceased allottee or of minors or pprsons incompetent under the laws of Oklahoma, and whenever he s all be of opinion that the estate is in any manner being dissipated or wasted or is being lpermitted to deteriorate in value by reason of the negligence, care essn , or incompetency of the guardian or other person in charge of the estate, the sugintendent of the Osagle Agency or the Secretary of the Interior or representative shall ave power, and it shall be his duty, to report said matter to the county court and take the ,,.,'l,`},’{§f.$_{§§{{" °° necessary steps to have such case fully investigated, and also to prose— cute· any remedy, either civil or criminal, as e exigencies of the case and the preservation and protection of the interests of the allottee or his estate may require the costs and expenses of the civil proceedings » to be a charge upon the estate of the allottee or upon the executor, administrator, guardian, or other person in charge of the estate of the allottee and his surety, as the county coru·t shall determme. Every bond of the executor, administrator, guardian, or other person in charge of the estate of any Osage allottee shall be subject to the revisions of this section and shall contain therein a reference hereto: Provided, That no guardian shall be appointed for a minor whose f;'¤,..¤m,.,°'°°* parents are living, unless the estate of said minor is being wasted or misused by such parents: Provided further, That no land shall be ·*¥’¤"°"·‘ °"“°'· sold oralalrprzirltedscginder th? Eroivlisions. of this section without the arovo e ret ote terror. - Pgnc. 4. That notgyherein shall be construed as in andy way ,§`{‘}·‘°§f§,}{‘§ {1**:; changing the rights of the Osage Tribe in oil, gas, coal, an _ other chgggg. W minerals as fixed in the Osage Act of June twenty-eighth, nmeteen ‘ "" ‘ hundred and six, or in any manner be construed to change or amend the provisions of said Act in r· ard to oil, gas, coal, or other minerals. Sec. 5. That the Secretaryzf the Interior, m his discretion, hereby u_‘{•g,§_;*{°°‘_}]*°°,{;'_‘_{j is authorized, under rules and regulations to be by and upon application therefor, to pay to Osyie ottees mc udrng the blind, insane, crippled, ed, or helpless, or part oi the funds Pm in the Treasury of the Umtgg States to their individual credit: Pro- R,,,",;'§'{g°,,_ vided, That he shall be first satisfied of the competency of the allottee or that the release of said individual trust funds would be to the D I H d I manifest best interests and welfare of the allottee: Prozpdeéldfurtlwr, ,,,,¤*§}’§’“‘L,,° $2,,:,,*} That no trust funds of a minor or a person above mention who is ¤¤¤ incompetent shall be released and paid over except to a guardian of such person duly appointed lg the lproper court and after the filmg by such guardian andiiyépmv by the cciut of a sufficrent bond con-. ditioneéd to faithfully a minister the funds released and the avarls t ereo . Sec. 6. That from and after the approval of this act the lands of d§‘;§*§’“,,§f,,'{,‘Q‘,'{'°° deceased Osage allottees, unless the heirs agree to partition the same, may be partitioned or sold upon ro er or er of any court of competent jurisdiction in accordance the laws of the State of Oklahoma: _ Provided 'I'hat no artition or sale of the restricted lands of a deceased §,§f,'§,?",_,;,,,,_ Osage allottee shall be valid rmtil approved by the Secretary of the Interior. Where some of the heirs are minors, the said court shall appoint a guardian ad litem for said minors in the matter of said partition, and partition of said land shall be valid when approved by the court and the Secretary of the Interior. When the heirs of suc deceased allottees have certificates of competenci or are not members of the tribe, the restrictions on alienation are ereby removed. lf 87618°—-vox. 37—r·r· 1--8 `