§ 371. — Descent of land.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC371]
TITLE 25--INDIANS
CHAPTER 10--DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE
Sec. 371. Descent of land
For the purpose of determining the descent of land to the heirs of
any deceased Indian under the provisions of section 348 of this title,
whenever any male and female Indian shall have cohabited together as
husband and wife according to the custom and manner of Indian life the
issue of such cohabitation shall be, for the purpose aforesaid, taken
and deemed to be the legitimate issue of the Indians so living together,
and every Indian child, otherwise illegitimate, shall for such purpose
be taken and deemed to be the legitimate issue of the father of such
child: Provided, That the provisions of this Act shall not be held or
construed as to apply to the lands commonly called and known as the
``Cherokee Outlet.''
(Feb. 28, 1891, ch. 383, Sec. 5, 26 Stat. 795.)
References in Text
This Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26
Stat. 794, as amended, which enacted sections 336, 371, and 397 of this
title and amended section 331 of this title. For complete classification
of this Act to the Code, see Tables.
Codification
A further provision of section 5 of act Feb. 28, 1891, ``that no
allotment of lands shall be made or annuities of money paid to any of
the Sac and Fox of the Missouri Indians who were not enrolled as members
of said tribe on January first, eighteen hundred and ninety; but this
shall not be held to impair or otherwise affect the rights or equities
of any person whose claim to membership in said tribe is now pending and
being investigated,'' was repealed by a provision of the Indian
Appropriation Act of Mar. 2, 1895, ch. 188, Sec. 1, 28 Stat. 902.