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AND NOW, June 10, 1982, in accordance with the Pindings

and Conclusions mentioned in the foregoing Memorandum, there being no genuine issue as to any material fact, the motion of

defendants for the entry of summary judgment in their favor is granted, and judgment is entered for the defendants and against plaintiff, and this civil action is dismissed of

record.

DONE AND ORDERED at Pittsburgh, Pa., for filing at Columbia, South Carolina, effective when filed by the clerk.

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RELEVANT STATUTES

(United States codified version of The Trade and Intercourse Act, Derivation

Act June 30, 1834, Codified in 1976. 25 U.S.C. Sect. 177 (1976)]

UNITED STATES CODE

ANNOTATED

Title 25

INDIANS

Comprising All Laws of a General and Permanent Nature

Under Arrangement of
Official Code of the Laws of the United States

With
Annotations from Federal and State Courts

St. Paul, Minn.
West Publishing Co.

Ch. 5

PROTECTION OF INDIANS

25 $ 177

Land Office, ixed the lines which control. not conveying the bed of soch river laled the court when a question arose as to terferes with no object or purpose of the whether a claimant was within or with- grant. U. S. v. Mackey, D.C.Okl.1013, 214 out the particular reservation at the time F. 137, appeal of certain parties dismissof alleged depredation. French v. U. S. ed 216 F. 129, 132 C.C.A. 373, and decreo 1914, 49 Ct.Ci, 337.

reversed on other grounds 216 F. 128, 132

C.C.A. 370. 3. Division of tribal lands among mcm

8. Errors in surveys bers, surveys for To accomplish the object of legislation Where in making the survey of the by which Congress provided for the land ceded by the United States to the eventual dissolution of certain tribes such Choctaw Nation under the treaties ot as the Creek nation and the division of 1820 and 1825, 7 Stat. 210, 234, an error a large portion of the tribal lands among was made in running the eastern boundthe members of the tribe, it was neces. ary of said lands in that the surveyor sary under this section to survey and sub- bore to the west and did not cover in the divide such lands, in like manner as pub- actual survey all the lands ceded to the lic lands are divided. U. S. v. Mackey, D. Choctaws; and where said error was not C.Okl.1913, 214 F. 137.

discovered until a resurvey was made in Titlo to Arkansas River bed, grant to

1857 pursuant to the provisions of the

Treaty of 1855, 11 Stat. 611, the tract of Creek tribo as carrying

land was not legally taken until after the The grant of lands in Indian Territory

Treaty to the Creek Tribe of Indians by patent U. S., 1942, 94 Ct.Cl. 215.

of 1855. Chickasaw Nation V. of Aug. 11, 1932, did not vest the tribe with any right or title to the bed of the Where the Commissioner of Indian AlArkansas river between high-water marks, fairs, after the report of the error in tho but the same remained in the United 1825 survey as discovered in the survey States and passed to the state of Okla- of 1857, decided to stand by the original homa on its admission, subject to such survey; and where Congress by Act Mar. rights as were given by its laws to own. 3, 1875, 18 Stat. 476, ratified the original ers of lands bordering on the stream but marking, because the original erroneous the purpose of such grant to the Creeks boundary was to be recognized by the was to provide them a home in the then Government it was not intended by Con. far West so long as they should exist as gress that the Government should not ac & tribe and continue to occupy the lands count to the rightful owners for the prop granted and to construe such grant as erty wrongfully taken. Id.

§ 177. Purchases or grants of lands from Indians

No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of $1,000. The agent of any State who may be present at any treaty held with Indians under the authority of the United States, in the presence and with the approbation of the commissioner of the United States appointed to hold the game, may, however, propose to, and adjust with, the Indians the compensation to be made for their claim to lands within such State, which shall be extinguished by treaty. R.S. § 2116.

Historical Note Dorivation. Act June 30, 1834, c. 161, $ 12, 4 Stat. 730.

Cross References

(Ordinance of July 13, 1787, by the Confederation Government, more commonly

known as the last of three Northwest Ordinances)

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ORDINANCE OF 1787, JULY 13, 1787.

AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE

UNITED STATES NORTHWEST OF THE RIVER OHIO

Section 1. Be it ordained by the United States in Congress assembled, That the said Territory, for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Sec. 2. Be it ordained by the authority aforesaid, That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child in equal parts, the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in' the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged,

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