§1353 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

Federal district courts can hear civil cases when a person of Indian blood claims the right to a land allotment under an Act of Congress or a treaty. If the court rules for the person and the judgment is properly sent to the Secretary of the Interior, that decision counts the same as if the Secretary had allowed and approved the allotment, except this does not apply to lands held on or before December 21, 1911 by the Five Civilized Tribes, the Osage Nation, or within the Quapaw Indian Agency.

Title 28, §1353

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

The district courts shall have original jurisdiction of any civil action involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of land under any Act of Congress or treaty. The judgment in favor of any claimant to an allotment of land shall have the same effect, when properly certified to the Secretary of the Interior, as if such allotment had been allowed and approved by him; but this provision shall not apply to any lands held on or before December 21, 1911, by either of the Five Civilized Tribes, the Osage Nation of Indians, nor to any of the lands within the Quapaw Indian Agency.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 41(24) (Mar. 3, 1911, ch. 231, § 24, par. 24, 36 Stat. 1094; Dec. 21, 1911, ch. 5, 37 Stat. 46). Words “any civil action” were substituted for “all actions, suits, or proceedings,” in view of Rule 2 of the Federal Rules of Civil Procedure. The sentence “The right of appeal shall be allowed to either party as in other cases” was omitted as covered by section 1291 of this title, relating to appeals to the court of appeals. Changes in phraseology were made.

§1353 Indian allotments

Summary

Title 28, §1353

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata