New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-08-21

of a court of record and approved in writing
thereon by the Secretary of the Interior
end 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-
cisiug that authority shall be given specif-
cally Such contracts or agreements shall
state tie time when and 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 tie 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 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 assiguees and
their residences aud 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 indOrsed thereon; and
be it further provided, that the judge before
whom such contract or agreement is eX
ecuJed 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 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
dans, 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 Tor 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, Ach 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 |
bV said Commissioner and Secretary for |
such services, may be recovered by suit in |
the name Of the United States in any cOnrt |
Of the United States, regardless of the |
amount in controversy, ne-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
su biect 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
trict attorneys of the United States to prose
cute such cases when applied to to do SO,
and their failure and refusal shall be ground
Tor their removal from Office; and any In
dian agent or other person in the employ
went 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 q, 1879.