New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-25
O e FICIAL.
E.avvA aF the UnlCed states Passed at the
secaHd Sossisn of the FOrty-First
C0uRress.
GENERAL EATURE-NO. 1871

NNNAECSaS
GENERAL EATURE-NO. 1871
An act regulating the mode of making pr
vate contracts with Indians.
Be it enacted BY the Senate and House OF
Representatives. of the United States OF
America in Congress assembled, That here
after no contract or agreement OF
any kind shall be made by any
person with any tribe OF Indians,
or individual Indian or Indians, not
a citizen of the United States, for the pay
ment or delivery of any money or other
thing of value, in present or IN perspective,
or for the granting or procuring any priv
ilege TO him or her, or any other person or
persons in consideration OF services for
eadd Indians relative to their lands, or to
any claims growing out of, or in reference
to auuIities installments, or other moneys,
claims, demands, or thing, under laws or
treaties with the United States or official
acts Of any officers thereof, or in any way
connected with or due from the United
States. unless such contract or agreement
be in writing, and executed and approved
in the manner hereinafter directed.
SEC ,. That all contracts or agreements
between such parties and for such purposes
as named in the first section of this act
shall be ia writing, a duplicate or copy
of which shall be delivered to each party
thereto, as hereinafter provided. All such
contracts shall be executed before a iud ge
of a 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 a tribe by their tribal authorities, the
scope Of authority and the reason for excr-
cising that authority shall be given specif-
cally. Such contracts or agreements shall
state tie time when aqd place where made,
the particular purpose for which made, the
special thing or things to be done under it,
anu, 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 ID all cases and if any
contingent matter or condition constitutes
a part Of the contract or agreement it shall
be specifically set forth: provided, that all
such contracts shall have a 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 assignees 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 to such
assignment be also Endorsed thereon; and
be it further provided, that the judge before
whom such contract or agreement IS eX-
ecUted shall certify officially the time when
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
and extent of authority claimed at the time
by the contracting parties to make the con-
tract or agreement, and whether made in
person or by agent or attorney of either
party OF 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 filed 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
II was paid; and the person so receiving said
money, and his aiders and abettOTs, 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
7iction, shall be fined not less than one thou
sand dollars, and imprisoned not. less than
Tx months; and it shall be the duty of all dis
5riCt attorneys of the United States to prose-
ute such cases when applied to to do so, !
md their failure and refusal shall be ground !
or their removal from office; and any In
Ian agent or other person in the employ
Dent Of the United States who shall, in viO-
alton of the provisions of this act, advise, |
anct!on, or in any way aid in the making
# such contracts or agreements, in making |
uch payments as are here prohibited, shall,
Il addition to the punishment herein i'm
'osed on the person making said contract
II receiving said money. be, on conviction.
dismissed from the service of the United {
states, and be forever disqualified from {
folding any office Of profit or trust under
he same.
Approved May 81, 1872.