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25 U.S.C. § 408Surrender of allotments by relinquishment for benefit of children

submitted 116 years ago by ch. 431 to r/title-25-INDIANS · 110 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior may let an Indian give up a land allotment. This only applies for the benefit of that person's child who has no allotment. The Secretary then allots that same land to the child, with the same conditions.

This section applies when an Indian person owns an allotment of land, or any right, title, or interest in one. The Secretary of the Interior may, at their own discretion, let that person surrender (give up) the allotment or their interest in it. The surrender must follow whatever formal process the Secretary of the Interior sets. The person can only surrender the allotment for the benefit of one of their own children — but only a child who has not already received an allotment of land. Once the surrender happens, the Secretary of the Interior must allot that same land to the child or children. The land carries over all the same conditions that applied to it before the surrender.
the actual law source: uscode.house.gov ↗public domain

In any case where an Indian has an allotment of land, or any right, title, or interest in such an allotment, the Secretary of the Interior, in his discretion, may permit such Indian to surrender such allotment, or any right, title, or interest therein, by such formal relinquishment as may be prescribed by the Secretary of the Interior, for the benefit of any of his or her children to whom no allotment of land shall have been made; and thereupon the Secretary of the Interior shall cause the estate so relinquished to be allotted to such child or children subject to all conditions which attached to it before such relinquishment.

Source credit: (June 25, 1910, ch. 431, § 3, 36 Stat. 856.)

history & why it existsrecord from the source credit
  • 1910Enacted · Act of June 25, 1910, ch. 431 · 36 Stat. 856

A history note hasn’t been published yet. The record shows enactment by ch. 431 on 1910-06-25.

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