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2026-07-06 10:51:44 -04:00

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LegalText 25 U.S.C. § 371 Descent of land us united_states_code code_section 25 INDIANS 10 DESCENT AND DISTRIBUTION; HEIRS OF ALLOTTEE 371 25 U.S.C. § 371 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip /us/usc/t25/s371 data/legal/raw/us/code/title-25/usc25.xml 9e332cd8929a398cbbe26daf6e41bc9831d123e3397679f64c7ec6e1ea384750 d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168 a867ad705ba2095381a6b27f558d7b6b206615b7048b9ddcc613a66e7a4ac7ea 2026-07-04 official
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25 U.S.C. § 371 - Descent of land

Text

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, § 5, 26 Stat. 795.)

Notes

Editorial Notes

References in TextThis Act, referred to in text, is act Feb. 28, 1891, ch. 383, 26 Stat. 794, 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rights or equities of any person whose claim to membership in said tribe is now pending and being investigated,” was repealed by a provision of the Indian Appropriation Act of Mar. 2, 1895, ch. 188, § 1, 28 Stat. 902.