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516

TWENTY-SEVENTH CONGRESS. Sess. II. Ch. 188. 1842.

Powers, &c.of the commis-sioners, whento cease.

Commission-ers to determineclaims underthe supplementto the treaty.

Upon approvalby the Presid’t,&c., certificatesshall be deliver-ed to claimant,if a Choctaw.

Proviso.

Proviso.

Accounts to bekept of the cer-tificates, &,c.and amount re-tained from dis-tribution to theStates.

Claims ofwhite men withIndian families.

Patents to beissued, how.

No claim to beallowed, if as-signed previousto the expirationof the five yearsfrom its ratifica-tion.

Claims notpresented with-in one year, forever barred.

Statute II.

Aug. 23, 1842.

Act of Sept.24, 1789, ch. 20.

Commission-ers appointed bythe circ’t courts

section of this act; and the powers and duties of the said commis-sioners shall cease at the expiration of two years from the time of thefirst organization of the board; and their proceedings may be termi-nated by the President at any time previous to the expiration of the saidtwo years.

Sec. 5. And be it further enacted, That the commissioners to be ap-pointed under this act shall also ascertain and determine the quantityof land to which any Choctaw or other person named in the supplementto the said treaty of Dancing Rabbit creek was entitled by virtue there-of, and which such person has by any means been prevented from re-ceiving.

Sec. 6. And be it further enacted, That if the President of theUnited States shall approve and confirm the determination of the com-missioners heretofore appointed to investigate the claims existing underthe fourteenth article of the said treaty of Dancing Rabbit creek, inany case, he shall cause to be delivered to the claimant, if he be a Choc-taw Indian, his legal representatives or heirs, certificates, as provided bythe fourth section of this act, for the quantity of land to which suchclaimant shall appear, by such determination, to have been entitled, infull satisfaction and discharge of such claim : Provided, Such determi-nation was made by adhering, in every instance, to the requisites con-tained in the fourth section of this act: And provided, also, That saidclaims, nor either of them, cannot now be located, according to the pro-visions of the fourth section of this act.

Sec. 7. And be it further enacted, That distinct accounts shall bekept of the certificates issued in satisfaction of the claims provided forby this act, and of all expenses attending the execution of the same;and the amount thereof shall be retained and withheld from any distri-bution to the States.

Sec. 8. And be it further enacted, That nothing in this act con-tained shall be so construed as to authorize the said commissioners toadjudicate any claim which may be presented by a white man who mayhave had, or now has, an Indian wife or family; and any patent to land,which shall issue on any Indian claim, under the provisions of the treatyaforesaid, shall be issued to the Indian to whom the claim was allowed,if living, and if dead, to his or her heirs and legal representatives, anyact of Congress , or usage, or custom, to the contrary notwithstanding.

Sec. 9. And be it f urther enacted, That no claim shall be allowed,under the fourteenth article of said treaty, if the said commissionersshall be satisfied, by such proof as they may prescribe, that said claimhad been, previous to the expiration of five years from the ratificationof said treaty, assigned, either in whole or in part; and in case of apartial assignment, or agreement for an assignment thereof, the sameshall be allowed so far only as the original Indian claimant was, at thatdate, the bona fide proprietor thereof.

Sec. 10. And be it further enacted, That all claims under either ofthe articles of said treaty mentioned above, or the supplemental articlesthereof, which shall not be duly presented to said commissioners forallowance within one year after the final passage of this act, shall bethereafter for ever barred.

Approved, August 23, 1842.

Chap. CLXXXVIII. — in Act further supplementary to an act entitled, “ An actto establish the judicial courts of the United States ,” passed the twenty-fourthof September, seventeen hundred and eighty-nine.

Be it enacted, by the Senate and House of Representatives of the UnitedStates of America in Congress assembled, That the commissioners whonow are, or hereafter may be, appointed by the circuit courts of the