Page:United States Statutes at Large Volume 44 Part 1.djvu/715

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701 TITLE za to the Ganatitutiea Evgy person whe, not being employed under the authority of e United States, attempts, to negetiate such treaty et convention, directly or indirectly, or to · treat with any au& nation or tribe of Indiana for the title- or purehawyet any lands by thm held er clalmed,.ls liable te— a penalty ot $1,000. fThe agmt at any State whemay be present at any treaty held with Indiana under the authority of the United States, au the pre@ce and with the approbation or the commissioner of the Hnited Statm appointed to hold. the Same, may, however, prepeae to, and adjust with, the Indiana me compensation to be made for their claim to lands within auch State, which shall - be extinguished by treaty. a (_B.— S. § 2116.) » .- . _ n _

 178. Fees en behalf of Indian partiea in contests under public land la·•rs.—In contests initiated by or agalnst Indians, to

, an entry, Sling or other claims, under the laws ot Congress, relating ze public jands for any "sumient cause affecting the legality or validity of the entry, nling or claim, the fees to

 patchy and enj behalf ot m¤__1m1ma party, in any case

Shall be one-·ha1.t or the teen provided by law in such cases, and said fees shallabe by `Qa Commissioner ot Indian affairs, with the apmeval te! the ry of the Interior, on an account etatedby the proper land the cnmufimener Generfal,La¤d Omce. (Mar. 8,,1893, c. 200, §1,2’{Stat.631.) _. _ ‘_ 179.,DrivQ •t•ck to feed en lands.-Every person whe; drives or otherwise cenvaya any stock ot horses, mules, or wttle, te range am feed on any land belonging to any Indianen- Indian (tribe, without. this- cement ot auch tribe, is liable tea penalty et $1 me each animal et auch stock, This `aectien shall.net,app1y to Creek lands. i(R. S. $2117; Ma:. 1, 1901, 189. Settlhg on or surveying lands belonging to Indians by treaty.4-Every` person who maltes a settlement on any lands heicmging, secured, or granted .by treaty with the United States to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the beuukriea by marking trees, or otherwise, is liable to a penalty of The Presldent naay, `nwreover, take auch muanrea and employ sueh military farce as he may judge necessary to remove any auch ;n¤e¤¤‘¢mm the lands. (R. S. S 2118.) · 181. Rights of {bite men marrying Indian wemen; tribal property.--·Ne` white man, not otherwise a member ot. any tribe nt Indiana, who may after August 9, 1888, marry an Indian wnman, member of any Inqtan tribe in the United States, _ ar any at its Terri-tortu exwt the Five Clvillxedm Tribes in the Indian '1‘e~rritory,, shall by auch marriage acquire any right m any tribal property, privilege, or lnterwt whatever to which H12? member et such tribe is entitled. (Aug. 9, 1888, c. 818, ® 1, n aw:. wa.) _ , _ ’ ’/"" 182. Rims of Indian women marrying unite mem- tribal Df¤Derty.·—-—Every Indian woman, member of any auch tribe of lndiana, who may be married ,al'ter August 9, *1888, to any citizen et the United Stata is declared te become by auch marrlme alcitizen pt the States, with all the rlghta privileges, and lmmnnittm at any such cltimn, bein: a married woman: Provldedffhat nothing in this section cpntalned shall imwir er in any way aneét the right ertitle et such married woman to any tribal property or any interest therein. (Aug. 9, 1888, c. 818, { 2,,25 Stat. 392.) . » 183. Marriage of white sam to ramen; evidence.-- Whenever the xnarrlm ct any white man with any Indian woman, a_ member et any auch tribe ot Iadima, ia required er oaered to be prayed in any judicial preceeding, evidence ot Ethe admlasien of auch tact by the party against whom the proceeding is had, er evidence of general repute, or ot c0hahita·· tina aa married persona, or any other circumstantial or pre- 0

.·-—-INDIANS § 190 sumxptive evidence from which the fact may. be interred, shall ° be competent. -(Aug. 9,.1888,_c. 818, §. 3, 25 Stat; 392.) ' 184; Rights of [children hem of merriagu between white num and Iudiexr Women.-—All children bem ot e marriage s0lemnized_pri0r to June 7, 1897, between e white man and an Indigu woman by blood and not by adoption, where seidm Indien women was on that date, or wes at the time et her » death, recognized by the tribe, shell have the same rights end privileges r to the property of the tribe to whiéh the mother belongs, er belonged at. the time of ber dmtb, by_ blood, as _ ` any ctherqnember ot the tribe, and no prior Act of Congress shell be construed esi to` deber such child of such right. (June 7, 1897, c. 3, {1, *30 Stat. 90.) — a · _ 185. Protection of Indians desiring civilized life.-—-Whenever eny Indian, being a member ot any bend or tribe 'wttb whom ,` the Government has _0r» ebelt have entered inte trmty stipula- ' tions, being desirous to adopt the habits et civilized Ute, has ` had a portion ot the lands belonging to his tribe allotted to him in severelty, in pursuance of such treety stipulations, the agent end superintendent of such tribe shall take such mensurm, not inconsistent with lew, as my be necessary to such 2 Indian hi 'the quiet enjoyment et the lands se allotted to him. _(B.. sg {-2119.) _ _ R u , . 186; Trespnceing on •f dvilired Iwiuu.-——Whehever my pereenrct Ihduu blood belungteg tea band er trtbevwbicb , u receives or is entitled to reexve mneitiu frm -m United sums, um who me me erwpeea me msu md ceeeemer civilised Jite, aud received me lands in Vseverelty by al1et@t, as menttened in' the `preeedtng section, cemmta any tru@ upon `tbe landser premiees ot any laden who bu so received his lands. by ellotmmt, the superinteudwt.- md agwt of such band 6: tribe shell ascertain the reeuldng from such trespass, end the eumlsc be withheld {TOM' the payment next thermtter to be made; to baud or . tribe tg which the party committing such trespass will belong, es in the discretion ot the superintendent be shall deem proper; and the sum_ re withheld ebelt, it the Secretary ct tm. Interior approves, be paid ever by the egent er superintendent to the party injured. (B; S. § 2120.) · . ‘ . ` 187. “Suepensienr of chief fer tresp•ss.—Wbeuever such tree-

 passer as is. mentioned ink the precedtug section is the chief er

L b&dme¤ of e band or tribe, the superintendent of Indian mam in his district shell else suspend {the trespesser from his office ter three montbsk and shell during that time deprive him ef_¤1r the beuedts and emeluments connected therewith; but the chief or heedmen may be eoeuér restored to his former standing if tbe superintendent shall so direct; (R. S. _I 2121.) 188. •§ hildings belonging te Unit& States.-·‘I‘he Secretary ot the Interiqr is autbertned to crux all meh buiidings F belonging to the United States, as have been, or bereatter shall be, erected for the use er their agents, teachers, farmers, mecbauh`. and other persons empieyged amongst the Indians, to be sold whenever the leeds on WTQ the eeme ere erected have become the of the U ited Sturm, gud are no longer necesnry for such p•.u· . (R. 8, { 21R.) _ .» » 189; Sale of lands with MiE.eg•.———'1‘be Secretary of the In- _ter!0r is authorized to &u¤e tb be mid, at bisrdiscretien, with eech of such buildina azure meutiouedin tbepreeeding seet tion, a quantity of land not exceeding one section 3. and en the payment ei the eenetderetien agreed ter into the Treeeury ’ of the United States by the purchaser; the Secretary shell make, execute, md deliver to the purchaser e title in fee simple for auch leeds and tenements. (R. S. i 21%.) e 199. Sale of phnti or tracts mt needed fer administrative er ellctment Secretary or the Interior is autberized in his dixraien to sell and convey by deed or patent, under such mrms and ceuditiens as he may prescribe, at not less than their appraised value, nemeservetivn Govern-