Page:United States Statutes at Large Volume 18 Part 1.djvu/439

Trrr.1: xxvrrr.——INDIANS.—Ch. 2. 367 Sec. 2101. No delivery of goods or merchandise shall be made to the Goods }vi_cbhc|d chiefs of any tribe. by authority of any treaty, if such chiefs have vic- gg? lated the stipulations contained rn such treaty upon their part. ty s,,,,,,l,,,,,,,,_,,_ 10 April, 1869, c. 16, s. 2, v. 16, p. 39. Sec. 2102. The Secretary of the Interior shall withhold fromany tribe _M¤¤¢·>Y¤ d¤¤_I¤· of Indians who may hold American ca tives, any moneys due them from fm. h°l":."‘8 the United States, until such captives have been surrendered to the law- ful authorities of the United States. 15 May,1870,Bes. No. 62, s. 3, v. 16, p. 377. Sec. 2103. No agreement shall be made byan rson with any tribe C°¤¤Z¤°*¤ with of Indians, or individual Indians not citizens ofv Ee United States, for uw I"d‘°°°‘ the payment or delivery of any money or other thing of value, in present 3 Mar., 1871, c. or in prospective, or for the ranting or procuring any rivilege to him, Mh $· 3· "· 16» P- or any other person in considgerationof services for said) Indians relative 573, M. 1872 c to their lands, or to any claims growing out of, or in reference to, annu— 117, B8_ 2, v_ ,11; ities, installments. or other moneys., claims, demands, or thing, under p. 136. laws or treaties with the United States, or official acts of any officers 29AP"u·1?7*·°· thereof. or in any way connected with or due from the United States, 13;* 2,3:* 1*,8;% O unless such contract or agreement be executed and a proved as follows: 132, ,_ g;’,,_ ig; P; First. Such agreement shall be in writing, and a dldplicate of it deliv- 450. ered to each partv. Second. It shall be executed before a judge of a court of record, and bear the approval of the Secretary of the Interior and the Commissioner of Indian Affairs indorsed upon it. Third. It shall contain the names of all parties in interest, their residence and occupation; and if made with a tribe, by their tribal authorities, the scope of authority and the reason for exercising that authority, shall be given specifically. Fourth. It shall state the time when and place where made, the r- ticular purpose for which made. the special thing or things to be clhane under it, and, if for the collection of money, the basis of the claim, the source from which it is to be collected, the disposition to be made of it when collected, the amount or rate (per centum of the fee in all cases; and if any contingent matter or con ition constitutes a part of the contract or agreement, it shall be specifically set forth. Fifth. It shall have a fixed limited time to run, which shall be distinctly stated. Sixth. The judge before whom such contract or agreement is executed shall certify officially the time when and place where such contract or agreement was executed, and that it was rn his presence, and who are the interested parties thereto, as stated to him at the time; the parties present making the same; the source and extent of authority claimed at the time by the contracting parties to make the contract or agreement, and whether· made in person or y agent or attorney of either party or parties. All contracts or a ecments made in violation of this section shall be null and void, and :151-money or other thing of value paid to any person by auv Indian or tribe. or any one else, for or on his or their behalf, on accouht of such services, in excess of the amount approved bly the Commissioner and Secretary for such services, may be reoovere by suit in the name of the United States in any court of the United States, regardless of the amount in controversy; and one-half thereof shall be_pard to the person suing for the same, and the other half shall be_pard rnto the Treasury for the use of the Indian or tribe by or for whom it was so paid. Sec. 2104. No money shall be paid to any agent or attorney by an otli- Payments undercer of the United States under- any such contract or agreement, other §t<;i¤t;5¤°*¤ 1** than the fees due him for services rendered thereunder; but the moneys _L..;__? due the tribe, Indian, or Indians, as the case may be, shall be paid by Ugl Mgy, 18:2, c. the United States, through its own officers or agents, t0_ the party or up “· ·"· l’· P- purtics entitled thereto; and no money or thing shall be paid to any pir- 2g,_,,p,,,,, lsu_ c_ son for sewices under such contr·act or agreement, until such person s ll 135, v. rs, p. 3.5. have first iilcd with th.- Comnrissioner of Indian Affairs a sworn state-