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AN ACT for the Government and Protection of Indians. [Passed
April 22, 1850.)
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Jurisdiction of complaints by and against indians.
Indians to be permitted to
now occupied by them. Proviso.
SECTION 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.
Sec. 2. Persons and proprietors of lands on which indians are reside on lands residing, shall permit such indians peaceably to reside on such lands,
unmolested in the pursuit of their usual avocations for the maintenance of themselves and families : Provided, the white person or proprietor in possession of such lands may apply to a justice of the peace in the township where the indians reside, to set off to such indians a certain amount of land, and, on such application, the justice shall set off a sufficient amount of land for the necessary wants of such indians, including the site of their village or residence, if they so prefer it; and in no case shall such selection be made to the prejudice of such indians, nor shall they be forced to abandon their
homes or villages where they have resided for a number of years ; Appeal. and either party feeling themselves aggrieved, can appeal to the
county court from the decision of the justice: and then divided, a record shall be made of the lands so set off in the court so dividing them, and the indians shall be permitted to remain thereon until
otherwise provided for. Right of custody Sec. 3. Any person having or hereafter obtaining a minor indian, and control of indian children
male or female, from the parents or relations of such indian minor, and wishing to keep it, such person shall go before a justice of the peace in his township, with the parents or friends of the child, and if the justice of the peace becomes satisfied that no compulsory means have been used to obtain the child from its parents or friends, shall enter on record, in a book kept for that purpose, the sex and probable age of the child, and shall give to such person a certificate,
authorizing him or her to have the care, custody, control, and earnAt what age to ings of such minor, until he or she attain the age of majority. Every
male indian shall be deemed to have attained his majority at eighteen, and the female at fifteen years.
during their minority.
No conviction on
Sec. 4. Any person having a minor indian in his care, as described Penalty for imin the foregoing section of this act, who shall neglect to clothe and of indian child
by person having suitably feed such minor indian, or shall inhumanly treat him or her, the custody on conviction thereof shall be subject to a fine not less than ten dollars, at the discretion of a court or jury; and the justice of the peace, in his discretion, may place the minor indian in the care of some other person, giving him the same rights and liabilities that the former master of said minor was entitled and subject to. Sec. 5. Any person wishing to hire an indian, shall
how effected. justice of the peace with the indian, and make such contract as the justice may approve, and the justice shall file such contract in writing in his office, and all contracts so made shall be binding between the parties; but no contract between a white man and an indian, for labor shall otherwise be obligatory on the part of an indian.
Sec. 6. Complaints may be made before a justice of the peace, by Complaints by white
persons or indians; but in no case shall a white man be convic- or indians. ted of any offence upon the testimony of an indian, or indians. And testimony of in all cases it shall be discretionary with the court or jury after hearing the complaint of an indian.
Sec. 7. If any person forcibly conveys any indian from his home, Penalty for or compels him to work, or perform any service against his will, in indians or
forcing them this state, except as provided in this act, he or they shall, on convic- to work. tion, be fined in any sum not less than fifty dollars, at the discretion of the court or jury.
Sec. 8. It shall be the duty of the justices of the peace, once in Justices to report six months in every year, to make a full and correct statement to the moneys received court of sessions of their county, of all moneys received for fines indians, and all imposed on indians, and all fees allowed for services rendered under and pay over the provisions of this act; and said justices shall pay over to the county treasurer of their respective counties, all money they may have received for fines and not appropriated, or fees for services rendered under this act; and the treasurer shall keep a correct statement of all money so received, which shall be termed the “Indian Indian fund. fund” of the county. The treasurer shall pay out any money of said funds in his hands, on a certificate of a justice of the peace of his county, for fees and expenditures incurred in carrying out the provisions of this law.
Sec. 9. It shall be the duty of justices of the peace, in their instructed in respective townships, as well as all other peace officers in this state, them. to instruct the indians in their neighborhood in the laws which relate to them, giving them such advice as they may deem necessary and proper; and if any tribe or village of indians refuse or neglect to Indians refusing
Indians to be
laws relating to
when on fire.
offence, Indians sentenced to pay fine may be
work out fine and costs.
to obey laws may obey the laws, the justice of the peace may punish the guilty chiefs be punished.
or principal men by reprimand or fine, or otherwise reasonably chas
tise them. Setting fire to Sec. 10. If any person or persons shall set the prairie on fire, or prairie or not aiding to refuse to use proper exertions to extinguish the fire when the prairies extinguish it
are burning, such person or persons shall be subject to fine or punish
ment, as the court may adjudge proper. Offences by Sec. 11. If any indian shall commit an unlawful offence against a indians against
white person, such person shall not inflict punishment for such offence, but may, without process, take the indian before a justice of the peace, and, on conviction, the indian shall be punished according to
the provisions of this act. Jury trial may Sec. 12. In all cases of trial between a white man and an indian, be demanded.
either party may require a jury. Chiefs may be
Sec. 13. Justices may require the chiefs and influential men of any apprehend indian village to apprehend and bring before them or him any indian charged charged with an
or suspected of an offence.
Sec. 14. When an indian is convicted of an offence before a jus
tice of the peace punishable by fine, any white person may, by concompelled to
sent of the justice, give bond for said indian, conditioned for the pay. ment of said fine and costs, and in such case the indian shall be compelled to work for the person so bailing, until he has discharged or cancelled the fine assessed against him: Provided, the person bailing shall treat the indian humanely, and clothe and feed him properly; the allowance given for such labor shall be fixed by the court, when
the bond is taken. Penalty for Sec. 15. If any person in this state shall sell, give or furnish to furnishing intoxicating any indian, male or female, any intoxicating liquors (except when adliquors to
ministered in sickness), for good cause shown, he, she, or they so offending shall, on conviction thereof, be fined not less than twenty dollars for each offence, or be imprisoned not less than five days, or fined and imprisoned, as the court may determine.
Sec. 16. An indian convicted of stealing horses, mules, cattle, or
any valuable thing, shall be subject to receive any number of lashes stealing.
not exceeding twenty-five, or shall be subject to a fine not exceeding two hundred dollars, at the discretion of the court or jury.
Sec. 17. When an indian is sentenced to be whipped, the justice whipping, how
may appoint a white man, or an indian at his discretion, to execute the sentence in his presence, and shall not permit unnecessary cruelty
in the execution of the sentence. All fines, etc., to Sec. 18. All fines, forfeitures, penalties recovered under or by this be paid into
act, shall be paid into the treasury of the county, to the credit of the indian fund as provided in section eight.
Punishment of indians convicted of
out to work.
Sec. 19. All white persons making application to a justice of the Fee to justice peace, for confirmation of a contract with or in relation to an indian, contracts witå shall pay the fee, which shall not exceed two dollars for each contract determined and filed as provided in this act, and for all other services, such fees as are allowed for similar services under other laws of this state: Provided, the application fee for hiring indians, or keeping minors, and fees and expenses for setting off lands to indians, shall be paid by the white person applying.
Sec. 20. Any indian able to work and support himself in some Able-bodied honest calling, not having wherewithal to maintain himself, who shall etc., to be hired' be found loitering and strolling about, or frequenting public places where liquors are sold, begging, or leading an immoral or profligate course of life, shall be liable to be arrested on the complaint of any resident citizen of the county, and brought before any justice of the peace of the proper county, mayor or recorder of any incorporated town or city, who shall examinesaid accused indian, and hear the testimony in relation thereto, and if said justice, mayor, or recorder shall be satisfied that he is a vagrant, as above set forth, he shall make out a warrant under his hand and seal, authorizing and requiring the officer having him in charge or custody, to hire out such vagrant within twenty-four hours to the best bidder, by public notice given as he shall direct, for the highest price that can be had, for any term not exceeding four months; and such vagrant shall be subject to and governed by the provisions of this act, regulating guardians and minors, during the time which he has been so hired. The money re- Application of ceived for his hire, shall, after deducting the costs, and the necessary for his bire.
money received expense for clothing for said indian, which may have been purchased by his employer, be, if he be without a family, paid into the county treasury, to the credit of the indian fund. But if he have a family, the same shall be appropriated for their use and benefit: Provided, Proviso. that any such vagrant, when arrested, and before judgment, may relieve himself by giving to such justice, mayor, or recorder, a bond, with good security, conditioned that he will, for the next twelve months, conduct himself with good behavior, and betake to some honest employment for support.
AN ACT to license Gaming. (1) [Passed March 14, 1851.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows :
Certain games prohibited.
SECTION 1. All banking games, and games having a per centage, are hereby prohibited within this state, except as hereinafter provided, and any person offending against this section shall, upon conviction, be deemed guilty of a misdemeanor, and shall, for each and every of fence, be punished by a fine of not less than one hundred nor more than one thousand dollars, or with imprisonment in the county jail for not less than three nor more than six months.
Sec. 2. Houses for gaming in any of the counties of this state may be licensed.
may be licensed by the county treasurer of such county upon the following terms and conditions: Any person desirous to obtain a license to keep a house for gaming purposes shall make application in writing to the treasurer of the county in which such house is situated, stating particularly the location of such house, the number of gaming tables therein, if the same amount to three tables or less, and the names of the owners and proprietors of such house ; such license shall be made in favor of the person making the application, and shall be signed by the treasurer. The treasurer shall keep a memorandum of all such licenses issued by him in a book to be kept for that purpose.
Sec. 3. Before issuing any license mentioned in section second of this act, the treasurer shall, demand and receive from the applicant therefor the following sums: For a house to contain any number of tables over three, the sum of fifteen hundred dollars for every three months; and for a house to contain three tables or less, the sum of one thousand dollars for every three months; and no license shall be issued for any period less than three months; Provided, that except in the limits of the cities of San Francisco, Sacramento, and Marysville, the sum of thirty-five dollars per month shall be paid for each and every table used for gaming purposes as provided in this act. (2)
(1) The statute of California authorizing the granting of a license to keep a gambling house, should not be construed as conferring a right to sue for a gaming debt, but as a protection solely against a criminal prosecution. Cal. Sup. Court Rep. vol. 1. p. 441.
(2) Amendment inserted from Stat. 1851, page 167.