Page:United States Statutes at Large Volume 17.djvu/177

 FORTY—SECOND CONGRESS. Sess. II. Ch. 177, 178. 1872. 137 tmcting parties to make the contract or agreement, and whether made in person or by agent 01* attorney of either party or parties. Sm. 3. That no money shall be paid to any agent or attorney by an Moneys due 0fHcer of the United States under any such contract or agreement, other g`;;;};; gg;?'; than the fees due him for services rendered thereunder; but. the moneys uudcy such ’ due the tribe, Indian, or Indians, as the case may be, shall be paid by the ¤g¤¢¢m¤¤*, how United States, through its own ofHeers or agents, to the party or parties f)Q‘;£’dY"h°m °° entitled thereto: Provided, That no money or thing shall be paid to any no pair to person for services under such contract or agreement, until such person $9*** €X°°P*• shall have first filed with the commissioner of Indian a,H'uirs a sworn state- °` 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 3.il`8.i1‘S 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 Agreements in hereafter made in violation of the provisions of this act are hereby declared  322** null and void, and all money er other thing of value paid to any person by money, {gm, paid any Indian or tribe, or any one else for or on his or their behalf, on account thereunder, may of such services, in excess of the amount approved by said commissioner Hg;_"°é’c‘;°'°d· °‘“d 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 it was paid ; and the person so receiving said money, and his aiders and abetters shall, in addition to bhe forfeiture of said sum, be subject 1:0 prosecution for mis- Fine and imdemeanor in any court of the United States, and, on conviction, shall be P¤S°“m°“t· fined not less than one thousand dollars, and imprisoned not less than six months; and it shall be the duty of all district attorneys of the United District amm- States to prosecute such cases when applied to to do s0, and their fhilure and :3: *° P’°s°' refusal shall be ground for their removal from office; and any Indian agent or ' other person in the employment of the United States who shall, in viola- Penalty upon tion of the provisions of this act, advise, sanction, or in any way aid in the §;"S{’;'s gr} 3:; making of such contracts or agreements, in making such payments as are UDL; States {0, here prohibited, shall, in addition to the punishment herein imposed on the *'i¤>l¤¤i¤¤ of this person making said contract or receiving said` money, be, on conviction, dis- ML missed from the service of the United States, and be forever disqualified from holding any office of profit or trust under the same. Armovnn, May 21, 1872. CHAP. CLXXVIII. —An Act to prohibit the Retention of Soldier.? Discharges by Claim- May gl, 1812, agents and Attorneys. ········;· Be it enacted by the Senate and House of Represcntatives of the United States of Anzericcc in Congress assembled, That any claim-agent, attorney, fenalty upon or other person engaged in the collection of claims for pay, bounty, pen- 22"'E;_£’f;;j;liH sion, or other allowances for any soldier, sailor, or marine, or for any wif-éouf, consent? commissioned officer of the military or naval forces, or who may have <>r Niigsivg _ been 2. soldier, sailor, marine, or officer of the regular or volunteer forces`3£g;v;;pi]l: or of the United States, and honombly discharged, who shall retain, without land wairrantsiof the consent of the owner or owners thereof, or shall refuse to deliver or ““Y S°ldi‘**· &°· account for the same upon demand duly made by the owner or owners there0fQ or by their agent or attorney, the discharge-papers or land-warrant of any such soldier, sailor, or marine, or commissioned officer, which may have been placed in his hands for the purpose of collecting said claims, shall be deemed guilty of a misdemeanor, and shall, upon c011— viction, be punished by fine not exceeding five hundred dollars, or by imprisonnuent not exceeding six months, or both, at the discretion of the