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25 U.S.C. § 350Surrender of patent, and selection of other land

submitted 138 years ago by ch. 1214 to r/title-25-INDIANS · 138 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can let an Indian give back a land patent received under the 1887 allotment law. This is only allowed when the Secretary decides it truly serves that Indian's best interest. In exchange, the Indian must pick a different piece of land and receive a new patent for it instead.

This section has no lettered subsections; it is one rule with a proviso. Surrendering the patent: The Secretary of the Interior may, at his discretion, and whenever for good and sufficient reason he considers it in the Indians' best interest, permit an Indian who holds a patent — issued for land on the reservation to which that Indian belongs, under treaty or existing law, as part of the allotments made under the Act of February 8, 1887 — to surrender that patent. The Indian must formally relinquish, endorsed on the patent, all right, title, and interest in the land, and the surrendered patent is then canceled. Proviso — replacement land required: The Indian surrendering the patent must, in its place, select other land and receive a new patent for it, under the same terms as the Act of February 8, 1887.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior is authorized, in his discretion, and whenever for good and sufficient reason he shall consider it to be for the best interest of the Indians, in making allotments under the act of February 8, 1887, to permit any Indian to whom a patent has been issued for land on the reservation to which such Indian belongs, under treaty or existing law, to surrender such patent with formal relinquishment by such Indian to the United States of all his or her right, title, and interest in the land conveyed thereby, properly indorsed thereon, and to cancel such surrendered patent: Provided, That the Indian so surrendering the same shall make a selection, in lieu thereof, of other land and receive patent therefor, under the provisions of the act of February 8, 1887.

Source credit: (Oct. 19, 1888, ch. 1214, § 2, 25 Stat. 612.)

history & why it existsrecord from the source credit
  • 1888Enacted · Act of Oct. 19, 1888, ch. 1214 · 25 Stat. 612

A history note hasn’t been published yet. The record shows enactment by ch. 1214 on 1888-10-19.

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