New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-16

Of court of record and approved in writing
thereon by the Secretary of the Interior
and Commissioner of Indian Affairs. Such
contract or agreement shall contain the
names Of all parties in interest, their resi-
denCe and occupation; but those made
witt tribe by their tribal authorities, the
scOpe of authority and the reason for eXer-
cisipg that authority shall be given specii-
caIly. Such contracts or agreements Ehall
state tie time when and place where made,
the particular purpose for which made, the
special thing or things to be done under il,
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
i when collected, the amount OF rate per
centum Of the fee in all cases and if any
contingent matter or condition constitutes
part Of the contract or agreement it shall
be specifically set forth provided, that all
such contracts shall have fixed limited
time to run, and shall be invalid unless so
limited: and provided, that such contracts
shall not be assignable, in whole or in part
unless the names Of the assiguees and
their residences and occupation be entered
in writing upon the contract, and the con-
sent Of the Secretary Of the Interior and
the Commissioner Of Indian Affairs 10 such
assignment be also indoTsed thereon; and
he it further provided, that the Judge before
whom such contract or agreement is ex-
y
and place where such contract or agree
ment was executed, and that it was in his
presence, and who are the interested parties
thereto, as stated to him at the time, the
parties present making the same; the source
an" sXtent of authority claimed at the time
by J contracting parties to make the CON
tract or agreement, and whether made in
person or by agent or attorney Of either
party or parties.
SEC. 3. That no money shall be paid to
any agent or attorney by an officer of
the United States under any such con
tract or agreement, other than the fees
due him for services rendered Hereunder;
but the moneys due the tribe, Indian or In
dams, as the case may be, shall be paid by
the United States, through its own officers
or agents, to the party or parties emit
tied thereto; provided, that no money or
thing shall be paid to any person for ser
vices under such contract or agreement,
until such person shall have first fled with
the Commissioner of Indian Affairs a sworn
statement, showing each particular act Of
service under the contract, giving date and
fact in detail, and the Secretary of the In
terror and Commissioner Of Indian Affairs
shall determine therefrom whether, in their
judgment, such contract or agreement has
been complied with or fulfilled; if so, the
same may be paid, and if not, it shall be
paid in proportion to the services rendered
under the contract; provided, that all
such contracts or agreements hereafter
made in violation Of the provisions of
this act are hereby declared null and
void, and all money or other thing of
value paid to any person by any Indian
or tribe, or any one else for or on his or
their behalf, on account of such ser
vices, in excess of the amount approved
by said Commissioner and Secretary for
such services may be recovered by suit in
the name Of the United States in any court
of the United States, regardless Of the
amount in controversy, One-half of which
shall be paid to the person suing for the
same, and the other half shall be paid into
the treasury of the United States for the
use of the Indian or tribe by or for whom
it was paid; and the person SO receiving said !
money, and his aiders and abettOrs, shall, in
addition to the forfeiture of said sum, be
subject to prosecution for misdemeanOr in |
any court of the United States, and, on con- |
victiOn, shall be fined not less than one thou |
sand dollars, and imprisoned not less than |
six months; and it shall be the duty of all dis i
tTict attorneys of the United States to prose- |
cute such cases when applied to to do so,
and their failure and refusal shall be ground |
for their removal from Office; and any In |
dian agent or other person in the employ |
Dent Of the United States who shall, in viO- |
latiOn of the provisions of this act, advise, |
sanction, or in any way aid in the making |
Of such contracts or agreements, in making |
such payments as are here prohibited, shall, |
in addition to the punishment herein i'm |
posed on the person making said contract |
or receiving said money, be, on conviction, |
dismissed from the service of the United |
States, and be forever disqualified from |
holding any office of profit or trust under
the same.
Approved May 81, 1872.