Section
801. Authority of Court.
802. Application for Change of Name.
803. Order.
804. Records.
§ 801. Authority of Court
The Court of Central Jurisdiction of the Mille Lacs Band of Chippewa Indians, shall have the authority to change the name of any person upon petition of the person or upon the petition of the parents of a minor.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 43.
Cross References
Original jurisdiction of District Court, see 5 MLBS § 111.
§ 802. Application for Change of Name.
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(a) An enrolled member of the Band who shall have resided on lands under jurisdiction of the Band for one year may apply to the Court thereof, to have his name, the names of his minor children, if any, and the name of his spouse, if the spouse joins in the application, changed in the manner herein specified.
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(b) They shall state in his application the name and age of his spouse and each of his children, if any, and shall describe all lands in the state in or upon which he, his children and his spouse if their names are also to be changed by this application, claim any interest or lien, and shall appear personally before the Court and prove his identity by at least two witnesses.
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(c) If he be a minor the application shall be made by his guardian or next of kin.
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(d) Every person who, with intent to defraud, shall make a false statement in any such application shall be guilty of a fraud offense.
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(e) No minor child's name may be changed without both of his parents having notice of the pending of the application for change of name, whenever practicable, as determined by the Court.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 43.01.
§ 803. Order.
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(a) When an application meets the requirements of 8 MLBS § 802, the Court shall grant the application unless it finds that there is an intent to defraud or mislead or, in the case of the change of a minor child's name, the Court finds that such name change is not in the best interest of the child.
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(b) The Court shall set forth in the order the name and age of the spouse and each child of the applicant, if any, and shall state a description of the lands, if any, in which the applicant and his spouse and children, if any, claim to have an interest.
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(c) The Clerk shall file such order and record the same in the judgment book. If lands be described therein, a certified copy of the order shall be filed for record by the Clerk with the county recorder of each county wherein any of the same are situated. Before doing so he shall present the same to the county auditor, who shall enter the change of name in his official records and note upon the instrument, over his official signature, the words "change of name recorded."
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(d) Any such order shall not be filed, nor any certified copy thereof be issued, until the applicant shall have paid to the Clerk the cost of such record. The fee of the Clerk shall be as provided by law.
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(e) No application shall be denied on the basis of the marital status of the applicant.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 43.02.
§ 804. Records.
Any order issued by the Court for change of name shall be kept as a permanent record and copies shall be filed with the appropriate Federal or State governmental agencies.
Historical and Statutory Notes
Source:
Band Statute 1096-MLC-28, § 43.