up, removing, turning, or destroying, the person causing the same shall be deemed guilty of murder, and, upon conviction thereof shall be punished accordingly.

Sec. 21. Punishment for Injury to Telegraph Lines, etc.-That any person aforesaid who shall in the Indian Territory wilfully and intentionally destroy, injure or obstruct any telegraph or telephone line, or any of the property or materials thereof, shall be deemed guilty of malicious mischief and, on conviction thereof, shall be fined in any sum not more than five hundred dollars and imprisonment for any time not more than one year. Sec. 22. Punishment for Disturbing Religious Worship.-That every person aforesaid who shall in the Indian Territory maliciously, or contemptuously disturb or disquiet any congregation or private family assembled in any church or any other place for religious worship, or persons assembled for the transaction of church busines, by profanely swearing or using indecent jestures, threatening language, or committing any violence of any kind to or upon any person so assembled, or by using any language or acting in any manner that is calculated to disgust, insult, or interrupt said congregation, shall, upon conviction thereof, be sentenced to imprisonment for any time not exceeding sixty days, or to a fine not exceeding one hundred dollars or both such fine and imprisonment.

Sec. 23. Punishment for Assault with Intent to Rob.-That every person aforesaid who shall, in the Indian Territory, feloniously, wilfully, and with malice aforethought, assault any person with intent to rob, and his counselors, aiders and abettors, shall, on conviction thereof, be imprisoned at hard labor for a time not less than one, nor more than fifteen years.

Sec. 24. Punishment for Injuries to Animal Property.-That every person who shall in the Indian Territory, knowingly mark, brand or alter the mark, or brand of any animal, the subject of larceny, the property of another, or who shall knowingly administer any poison to or maliciously expose any poisonous substance with the intent that the same shall be taken by any of the aforesaid animals or shall wilfully and maliciously, by any means whatsoever, kill, maim, or wound any of the aforesaid animals, shall be deemed guilty of malicious mischief, and on conviction thereof, shall be sentenced to imprisonment for a period of not more than six months, or a fine of not more than two hundred dollars, or both such fine and imprisonment; and in case the animal or animals shall have been killed or injured by said malicious mischief, the jury trying the case shall assess the amount of damages which the owner of the animal or animals shall have sustained by reason thereof, and, in addition to the sentence aforesaid, the court shall render judgment in favor of the party injured for three-fold the amount of the damages so assessed by the jury, for which said amount execution may issue against the defendant and his property.

Sec. 25. Punishment for Assault.-That if any person in the Indian Territory, assault another with a deadly weapon, instrument, or other thing, with an intent to inflict upon the person of another a bodily injury where no provocation appears, or where the circumstances of the assault show an abandoned and malignant disposition, he shall be adjudged guilty of a misdemeanor, and, on conviction shall be fined in any sum not less than fifty nor exceeding one thousand dollars, and imprisoned not exceeding one year.

Sec. 26. Punishment for Setting Fire to Woods, etc.-That any person who shall maliciously and wilfully set on fire any woods, marshes, or prairies in the Indian Territory, with the intent to destroy the fences, improvements, or property of another, such person shall be fined in any sum not exceeding five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court.

Sig. 27.

Sec. 27. Certain Sections Not Applicable Between Indians.-That sectlons five, twenty-three, twenty-four and twenty-five of this act shall not be so construed as to apply to offenses committed by one Indian upon the person or property of another Indian.

Sec. 28. Repeal. That all laws and parts of laws inconsistent with the provisions of this act, be, and the same are hereby, repealed.

Approved March 1, 1889.

SEVERALTY ALLOTMENT OF LAND TO PEORIAS AND MIAMIS

March 2, 1889.

Preamble.

Sec. 1. Authority delegated to Secretary of the Interior to allot in

Sec. 3.
Sec. 4.

Repealing clause.

Sec.

Jurisdiction conferred on Court of Claims of U. S. Supreme
Court.

5. Secretary Interior to furnish records to said courts.

AN ACT TO PROVIDE FOR. ALLOTMENT OF LAND IN SEVERALTY TO UNITED PEORIES AND MIAMIES IN INDIAN TERRITORY, AND FOR OTHER PURPOSES.

Be it Enacted. By the Senate and House of Representatives of the United States of America in Congress Assembled, That the provisions of chapter one hundred and nineteen of the acts of eighteen hundred and eighty-seven, entitled "An act to provided for the allotment of lands in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States and the Territories over the Indians, and for other purposes,' are hereby declared to extend to and are made applicable to the confederated Wea, Peoria, Kaskashia and Piankeshaw Tribes of Indians, and the Western Miami Tribe of Indians, now located in the northeastern part of the Indian Territory and to their reservation, in the same manner and to the same extent as if said tribes had not been excepted from the provisions of said act, except as to section 6 of said act, and as otherwise hereinafter provided.

Sec. 1. That the Secretary of the Interior is hereby authorized and directed within ninety days from and after the passage of this act, to cause to be allotted to each and every member of the said conferedated Wea, Peoria, Kaskashkia and Pinkeshaw Tribes of Indians, and the Western Miami Tribe of Indians, upon lists to be furnished him by the chiefs of said tribes, duly approved by them and subject to the approval of the Secretary of the Interior, an allotment of land not to exceed two hundred acres, out of their common reserve, to each person entitled thereto by reason of their being members of said tribes by birth or adoption; all allotments to be selected by the Indians, heads of families selecting for their minor children, and the chiefs of their respective tribes for each orphan child. All differences arising between members of said tribes, in making said allotments, shall be settled by the chiefs of the respective tribes, subject to the approval of the Secretary of the Interior: Provided, That before any of the allotments herein provided for shall be made, there shall be set apart, not to exceed twenty acres in all, for school, church and cemetery purposes; the loca

tion of the same to be selected by the chiefs of said tribes, subject to the approval of the Secretary of the Interior, in such quantities and at such points as they shall deem best, which, together, with all improvements now existing or that may hereafter be made by the tribes thereon, shall be held as common property of the respective tribes. If in making the selections as herein provided for, the sites of present school buildings should not be retained, then all improvements thereon may be removed. If not removed then they shall be sold after appraisement by the chiefs of the tribes; the sale to be approved by the Secretary of the Interior and the proceeds placed to the credit of the proper tribe. If any religious denomination, with the consent of either or both of said tribes, should erect any building for church or school purposes upon any of the land selected for church use, the said building, together with the land, shall be held the property of such religious denomination so long as they shall occupy the same for religious or school purposes. And should such denomination at any time desire to move said church or school house to any other place on their reservation, they may do so, or if they prefer, may sell the same with, or without the lands upon which said house is situated, and apply the proceeds to their new building.

The land so allotted shall not be subject to alienation for twenty-five years from the date of issuance of patent therefor, and said lands so allotted and patented shall be exempt from levy, sale, taxation, or forfeiture for a like period of years. As soon as all the allotments or selections shall have been made as herein provided, the Secretary of the Interior shall cause a patent to issue to each and every person so entitled, for his or her allotment, and such patent shall recite in the body thereof that the land therein described and conveyed shall not be alienated for twentyfive years from the date of said patent, and shall also recite that such land so allotted and patented is not subject to levy, sale, taxation, or forfeiture for a like period of years, and that any contract or agreement to sell or convey such lands or allotments so patented entered into before the expiration of said term of years shall be absolutely null and void.

Sec. 2. That in making allotments under this act no more in the aggregate than seventeen thousand and eighty-three acres of said reservation shall be allotted to the Miami Indians, nor more than thirty-three thousand two hundred and eighteen acres in the aggregate to the United Peoria Indians; and said amounts shall be treated in making said allotments in all respects as the extent of the reservation of each of said tribes, respectively. If, in making said allotments any difference shall arise between said tribes, all such matters of difference shall be determined by the Secretary of the Interior. After the allotments herein provided for shall have been completed, the residue of the lands, if any, not allotted, shall be held in common under present title by said United Peorias and Miamies in the proportion that the residue, if any of each of the said allotments shall bear to the other. And said United Peorias and Miamies shall have power, subject to the approval of the Secretary of the Interior, to lease for grazing, agricultural, or mining purposes from time to time and for any period not exceeding ten years at any one time, all of said residue, or any part thereof, the proceeds or rental to be divided between said tribes in proportion to their respective interests in said residue. Aand after said allotments are completed each allottee may lease or rent his or her individual allotment for any period not exceeding three years, the father acting for his minor children and in case of no father then the mother, the chief acting for orphans of the tribe to which said orphans may belong.

At the expiration of twenty-five years from the date of the passage of this act, all of said remaining or unallotted lands may be equally divided among the members of said tribes according to their respective interests, or the same may be sold on such terms and conditions as