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Code · STATUTES-AT-LARGE · Vol. 12 STAT. · February 13, 1862 · Chapter XXIV

Chapter XXIV. *to amend an Act entitled “An Act to regulate Trade and Intercourse with the Indian Tribes, and to preserve Peace on the Frontiers” approved June thirtieth, eighteen hundred and thirty-four.* February 13, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America

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Chap. XXIV.— An Act *to amend an Act entitled “An Act to regulate Trade and Intercourse with the Indian Tribes, and to preserve Peace on the Frontiers” approved June thirtieth, eighteen hundred and thirty-four.* February 13, 1862. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the twentieth section of 1834, ch. 161, 120.Vol. iv. p. 732.the “Act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,” approved June thirtieth, eighteen hundred and thirty-four, be, and the same is hereby, amended so as to read as follows, to wit:— THIRTY-SEVENTH CONGRESS.
Sess. II. Ch. 24, 25. 1862. 339 " “Sec. 20. *And be it further enacted*, That if any person shall sell,Sale, &c., of spirituous liquors, &c., to Indians, how punished. exchange, give, barter, or dispose of any spirituous liquor or wine to any Indian under the charge of any Indian superintendent or Indian agent appointed by the United States, or shall introduce or attempt to introduce any spirituous liquor or wine into the Indian country, such person, on conviction thereof before the proper district court of the United States, shall be imprisoned for a period not exceeding two years, and shall be fined not more than three hundred dollars: *Provided, however*,Proviso.
That it shall be a sufficient defence to any charge of introducing or attempting to introduce liquor into the Indian country if it be proved to be done by order of the War Department, or of any officer duly authorized thereto by the War Department. And if any superintendentSuperintendent, &c., may cause search to be made of suspected places for liquor. of Indian affairs, Indian agent or sub-agent, or commanding officer of a military post, has reason to suspect or is informed that any white person or Indian is about to introduce or has introduced any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, agent, subagent, or commanding officer, to cause the boats, stores, packages, wagons, sleds, and places of deposit of such person to be searched; and if any such liquor is found therein, the same, together with the boats, teams, wagons, and sleds used in conveying the same, and also the goods, packages, and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the properProceedings if liquor is found. court, and forfeited, one half to the informer and the other half to the use of the United States; and if such person be a trader, his license shall be revoked and his bond put in suit.
And it shall moreover be lawful for any person in the service of the United States, or for anyArdent spirits or wine found in Indian country, except. &c., may be destroyed.Indians may be witnesses under this act. Indian, to take and destroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Department. And in all cases arising under this act Indians shall be competent witnesses.” " Approved, February 13, 1862.
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