Page:United States Statutes at Large Volume 18 Part 1.djvu/440

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368 'I‘rr1.11 xxvm.———INDIANS.—Ch. 2. ment, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefronrwhether, in their judgment, such contract or agreement has been complied with or fulfilled; 1f so, the same may be pai , and, 1f not, it shall be paid in proportion to the services I`8Il(I€1'€d under the contract. _ Penalty for re- Sec. 2105. The person so receiving such mone; contrary to the provis- °°iVi¤K m°E'°Y° ions of the two preceding sections, and his a1 ers and abettors, shall, figs I",';,};,;; in addition to the forfeiture of such sum, be punishable by imprisonment ddlntihcfslo for not less than six months, and by a fine of not less than one thousand -;··s·t· dollars. And it shall be the duty of all district attorneys to prosecute ,23 1`g“§‘*V12Q’;,' such cases when applied to to do so, and their failure and refusal shall be 570:’’ground for their removal from office. Any Indian agent, or other person in the employment of the United States, who shal , in violation of the provisions of the preceding section, advise, sanction, or in any way a1d in the makin of such contracts or agreements, or in making such pay- ments as are here prohibited, shall, in addition to the punishment herein imposed on the person making such contract, or receiving such money be, on conviction, dismissed from the service of the United States, and be forever disqualified from holding any office of profit or trust unde1· the same. Assignments of Sec. 2106. No assignment of any contracts embraced by section twenty- ¢0§1¤P¤01S F8- one hundred and three, or of any part of one shall be valid, unless the

 names of the assignees and their residences and occupations be entered

21 May, 1872, c. in writing upon the contract, and the consent of the Secretary of the l7;§¤fi$7i§,132- Interior and the Commissioner of Indian Affairs to such assignment be , ’ ’also indorsed thereon. 13%;s`t£i£,,35`O,, Sec. 2107. No payments shall be made by any officer of the United payments to con- States to contractors for goods or supplies of any sort furnished to the tractors, &c., until Indians, or for the transportation thereof, or for any buildings or ma-

  • }"°g“¤*° ba'}? chinery erected or placed on their reservations, under or ·by virtue of
é’(;‘°&g" su mlany contract entere into with the Department of the Interior, or any

~-?i¥-—— branch thereof, on the receipts or certificates of the Indian agents o1· 1;; }g"·;·»v1S;g· "· superintendents for such supplies, goods, transportation, buildings, or 568j’‘ P` machinery beyond fifty per cent. of the amount due, until the accounts and vouchers shall have been submitted to the executive committee of the board of Indian commissioners appointed b the President for examination, revisal, and approval; and such boardy of commissioners shall, without unnecessary e ay, forward the accounts and vouchers so submitted to them to the Secretary of the Interior, with the reasons for their approval or disapproval of the same, in whole or in part, attached thereto; an the Secretary shall have power to sustain, set aside, or modify the action of the board, and cause payment to be made or withheld, as he may determine. Moneys due in- Sec. 2108. The Secretary of the Interior is directed to cause settlecompetent of of- ments to be made with all persons appointed by Indian councils to If‘ffP}["I}““€· receive moneys due to incompetent or orphan Indians, and to require all .5 July, 1862, c. moneys found due to such incompetent or orphan Indians to be returned gg ¤· 6» V- 12· P· to the Treasury; and all moneys so returned shall bear interest at the ‘ rate of six per centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive mone is due to incomfpetent or orphan In ians, but the same shall remain in the Treasury o the Unite States until ordered to be paid by the Secretary to theispgntitlgd to receive the same, and shall bear six per centum interest un 1 pai . _Number of In- Sec. 2109. Whenever the issue of food clothin or su lies of an f;:2ii£If:$ gd kind_to Indians is provided for, it shall be’the dutygbf the ggjent or com); ,0 be ,,,p0m,j_ " missioner issuing the same, at such issue thereof, whether it be both of · lj, Febj:1§7é; food and clothing, or either of them, or of any kind of su plies, to report 138,,,7, v_1y' Pp_ to the Commissioner of Indian Affairs the number of Indians present 463, 464. and actually receiving the same.