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Chap. 133. (pp.408-410)

AN ACT for the Government and Protection of Indians.

Passed April 22, 1850. The People of The State of California, rcpresented in Senate and  Assembly, do enact as follows :

§ 1. Justices of the Peace shall have jurisdiction in all cases of complaints by, for, or against Indians, in their respective Townships in this State.

.§ 2. l'usons and proprietors of lands- on which Indians are residing, shall permit such Indiens peaceably to reside on such lands, umnolested in the pursult of their usual avocations for the maintenance of themselves and families : Provided, the white person or proprietor i11 possession of such lands may apply to a Justice of the Peace in the Township whcre the Indians reside, to set off to such Indians a certain amount of land, and, on such application, the Justice shah set off a sutlicient amount of land for the necessary wants of such Indians, including the Bite of their village or residence, if they so prefer it; and in no case shah such seleetion be made tu the préjudice of such Indiens, nor shah they be forced to abandon their homes or villages whore they have resideil fie a number of years; and effiler party feeling themselves aggrievcd, can appeal te the County Court from the décision of the Justice : and then divided, a record shah be made of the lands so e.et otf in the Court so dividing them, and the Indians shah be permitted to remain thereon until otherwise provided for.

§ 3. Any person having or hereafter obtaiuing a minor Italian, male or female, from the parents or relations of such Indian minor, and wishing to keep it, sue!' perron shah go before a Justice of the Peace in his Township, with the parents or friands of the child, and if the Justice of the Peace becoines satisfied that no compulsory means have been rtsed to obtain the child from its parents or friends(shall enter on record, in a book kept for that purpose, the ses and probable age of the child, and shah givc to suai person a certificate, mtthorizing hile or ber tu hase the care, custody. control, and4rnings of suai miner, until Le or she obtain the age of majority. Every male ludian shah be deemed to have attained Lis majority at eighteen, and thé female at fifteen yearg.

§ 4. Any person having a minor lndian in his cure, as described in the foregoing Section of this Act, who shah ueglect to clothe and suitably feed such miner Indian, or shah inhumai-11y treat him or lier, on conviction thereof shall be subject to a film eut Chan ten dollars,..at the diseretiun of e Court or Jury ;
and the Justice of the Peace, in luis discretion, may place the miner Indien in the care of some other person, giving hirn the saine rights and liabilitics that the former master of said minor was eutitled and subject to.

§ 5. Any person wishing to hire au Indien, shah go before a Justice of the Peace with the Indian, and mako suai contract as the Justice may approve, and the Justice shah file suai contract iu writing in lis office, and ail eontracts so made shah be binding betweeu the parties ; but no contract between a white man and an Indium, for labor,      otherwise be obligatory on the part of uni Indian.

§ 6. Complants may be mule before a Justice of the Peace, by white persons or Indium ; but in no case shall a nhito mati be convicted of any offence upon the testimony of an Inclian, or lndians. And in ail cases it shall ho discretionary- with the Court or jury after hearing the complaint of an Indian.

§ 7. If any person foreibly conveys any Indian from his honte, or compels him to work. or perform any service against las will, in titis State, exeept as provided in this Act, he or they shah, on conviction, be fined in any sum not less than fifty dollars, at the discrétion of the Court or jury,

§ 8. Et shall be the duty of the Justices of the Peace, once in six months in every year, to make a full and correct statement to the Court of Sessions of their county, of all moneys received for fines imposed on Indium, and ail fees allowed for services rendered under the provisions of titis Act; and said Justices shall pay over to the County Trcasurer of their respective counties, ail rnoney they rnay. have received for fines and not etppropriated, or fdès for services rendered under titis Act ; and the Treasurer shah keep a correct statement of ail inoney so received, which shah be termed the " Indien Fund" of the county. The Treasurer shah pay out any money of said finals in bis bands, on a certificate of a Justice of the Peace of lis county, for fees and expenditures incurred in carrying out the provisions of titis lem.

§ 9. Et shall be the duty of Justices of the I'eace, in their respective townships, as well as ail other pence otlicers in this State, ta instruet the radians in their neighborhood in the laws whieh relate to aient, giving thom such advice as they may deem necessirry and proper; and if any tribe or village of Inclians refuse or neglect to obey the laws, the Justice of the Peace may punish the guilty chiai or principal men by reprimand or fine, or otherwise reasonably chastise

§ 10. If any person or versons shall set the prairie ou fire, or refuse to use proper cxertions to extinguish 'the fire when the prairies are burning, sueh person or persans shall be subject to fine or punishment, as a Court may adjudge proper.

§ 11. If any Indium shah commit an unlawful offence against a white person, snob person shah not infiiet punishment for sucli °fronce, but may, without process, take the 'Indium before a Justice of the Peace, and on conviction, the lndian shah be punished according to the provisions of titis Act.

§ 12. ln all cases of trial between a white man and an Indian, cither Party may require a jury.

§ 13. Justices mar require the chiefs and influential men of any village to apprehend and bring beforo them or him any Indium ehargcd or suspected of an offence.

§ 14. When an Indian is convicted of an offence before a Justice of the Peace punishable by fine, any white person may, by consent of the Justice, give bond for said Indian, conditioned for the paymcnt of said fine and eosts, and in such case the Indian shall be compelled to work for the persan so buttling, until lie bas discharged or eancelled the fine assessed against him : Providcd, the person bailing shah trent the Indian humanely, and elothe and feed hnn properly : the allowanee given for such labor shall be fixed by the Court, when the bond is taken.

§ 15. If any person in this State. shah sell, give, or furnish to any Indian, male or female, any intoxicating liquors (except when administered in sickness), for gond cause shown, he, site, or they so ofIlinding shah, on conviction thereof, be fincd not less than twenty dollars for cach offence, or be imprisoned not less than fixe days, or fined and imprisoned, as the Court may &termine.

§ 16. An lndian convicted of stealiug herses, mules, cattle, or any vutluable thing, shah' be subject to receive any number of lashes pot exceeding twenty-five, or shah be subject to a fine not exceeding two hundred dollars, at the discrétion of the Court or Jury.

§ 17. When an Indium is sentence(' to be whipped, the Justice may appoint a white mati, or au Indian at lis discrétion, ta executc the sentence in luis presence, and 811E111 not permit unnecessary cruelty in the executiou of the sen tpuce. ,

§ 18. AIl fines, forfaitures, penalties recovered under or by Ulis Act, shall be paid into the treasury of the county, to the eredit of the Indium Fund as provided in Seetion Eight.

 § 19. A11 white pensons making application to a Justice of the Pence, fter confirmation of a contrant with or in relation to an Indian, shall pay the fee, nhich shah] rot exceed tno dollars for cadi contrant determined and filed as pru%idcd in this Act, and fur ail other services, euh 14s as are alluwed fur similar services undcr (miser Jans of this State. Proridcd, the application fee fur IsirinLY Inshans, or keeping minors, and Tees and expenses t'or setting off lands to Iudiaus, shah be paid by the white person applying.

§ 20. Any Indian able to work and support himself in seine honee calling, not having wherewithal to maintain himself, m ho shall be fourni loitering and strolling about, or frequenting public places where liquors are sold, begging, or lenditg an immoral protligate course of lift, shah be fiable tu be arrested on the complaint of any resident citizen of the county, and brought before any Justice of the Pence of the proyer county, Mayor or Recto der of any incorponated tocan or city, who shall examine said accused ·  Indian, and hear the tcstimony in relation thereto, and if said Justice, Mayor, or Recorder sisal! be satisfied that lue is a vagrant, as :dame set forth, lie shall make out a warrant imiter bis band and seal, authorizing and requiring the officer having Luini in charge or custody, to hire out snob %agrant within twenty -four heurs to the bcst bidder, by public notice given as he shall direct, for the highest price that can be had, for any terni net exeeeding fouir months ; and such vagrant shah be subject to and go‘erned by the pros isions of this Act, regulating guardians and minors, siuring the time, which h3 Las been so hired. The money received for luis hire, shah, after deducting the costs, and the necessary expense for clothing fur said Indian, mhich may bave beeu purchased by Isis employer, be, if ho be without a family, paid into the County Trensmy, to the credit of the Italian t'und. But if lue have a family, the same shall be appropriated for their use and benetit: Providett, that any such iagrant, when arrested, and before judgment may relieve himself hy giving to such Justice, Mayor, or Recorder, a bond, with good security, couditioned that Le will, for the next twelvc munths, conduci himself with good behavior, and betake to some honest emplqinent for support.

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