INDIAN AFFAIRS: LAWS AND TREATIES

Vol. VI, Laws     (Compiled from February 10, 1939 to January 13, 1971)

Washington : Government Printing Office


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PUBLIC LAWS OF THE EIGHTY-FIRST CONGRESS, FIRST SESSION, 1949
Chap. 22 | Chap. 48 | Chap. 90 | Chap. 138 | Chap. 139 | Chap. 154 | Chap. 236 | Chap. 354 | Chap. 425 | Chap. 464 | Chap. 472 | Chap. 487 | Chap. 488 | Chap. 494 | Chap. 506 | Chap. 521 | Chap. 566 | Chap. 567 | Chap. 574 | Chap. 603 | Chap. 604 | Chap. 628 | Chap. 630 | Chap. 653 | Chap. 680 | Chap. 691 | Chap. 694 | Chap. 726 | Chap. 790 | Chap. 791

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Chapter 139
May 24, 1949 [H.R. 3762] |  [Public Law 72] 63 Stat. 89

AN ACT
To amend title 18, entitled, Crimes and Criminal Procedure, and title 28, entitled, Judiciary and Judicial Procedure, of the United States Code, and for other purposes.
Section 25 | 26 | 27 | 28 | 29 | 51 | 88 | 89

Margin Notes
Sec. 25 94
62 Stat. 757.
18 U.S.C., Supp. II, § 1151.
Sec. 26 62 Stat. 758, 759.
18 U.S.C., Supp. 11, §§ 1154, 1156.
62 Stat. 758.
18 U.S.C., Supp. II, § 1153.
Sec. 27 62 Stat. 758.
18 U.S.C., Supp. II, § 1154 (b).
Sec. 27 62 Stat. 758.
18 U.S.C., Supp. II, § 1154.
Sec. 27 "Indian country."
Sec. 28 62 Stat. 759.
18 U.S.C., Supp. II, § 1156.
Sec. 29 62 Stat. 759.
18 U.S.C., Supp. II, § 1157.
Sec. 51 96
62 Stat. 827.
18 U.S.C., Supp. II, § 3242.
Sec. 88 102
62 Stat. 942.
28 U.S.C., Supp. II, § 1502.
Sec. 89 62 Stat. 942.
28 U.S.C., Supp. II, § 1504.

Page 437

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.

SEC. 25.

Section 1151 of title 18, United States Code, is amended by striking out the word "The" at the beginning of the section, and inserting in lieu thereof the following: "Except as otherwise provided in sections 1154 and 1156 of this title, the".

SEC. 26.

Section 1153 of title 18, United States Code, is amended by striking out the second and third paragraphs thereof and inserting in lieu thereof the following:

"As used in this section, the offense of rape shall be defined in accordance with the laws of the State in which the offense was committed, and any Indian who commits the offense of rape upon any female Indian within the Indian country, shall be imprisoned at the discretion of the court.

"As used in this section, the offense of burglary shall be defined and punished in accordance with the laws of the State in which such offense was committed.".

SEC. 27.

(a) Subsection (b) of section 1154 of title 18, United States Code, is amended by striking out the words "War Department", wherever such words appear in such subsection, and inserting in lieu thereof the words "Department of the Army".

(b) Section 1154 of such title 18 is further amended by adding at the end thereof a new subsection (c), as follows:

"(c) The term ‘Indian country’ as used in this section does not include fee-patented lands in non-Indian communities or rights-of-way through Indian reservations, and this section does not apply to such lands or rights-of-way in the absence of a treaty or statute extending the Indian liquor laws thereto.".

SEC. 28.

Section 1156 of title 18, United States Code, is amended by adding a paragraph at the end thereof as follows:

Page 438

"The term ‘Indian country’ as used in this section does not include fee-patented lands in non-Indian communities or rights-of-way through Indian reservations, and this section does not apply to such lands or rights-of-way in the absence of a treaty or statute extending the Indian liquor laws thereto.".

SEC. 29.

The second paragraph of section 1157 of title 18, United States Code, is amended by striking out the words "Secretary of War", and inserting in lieu thereof the words "Secretary of the Army".

SEC. 51.

Section 3242 of title 18, United States Code, is amended by striking out the words "within any Indian reservation, including rights-of-way running through the reservation,", and inserting in lieu thereof the words "within the Indian country".

SEC. 88.

Section 1502 of title 28, United States Code, is amended by striking out the words "or with Indian tribes".

SEC. 89.

(a) Title 28, United States Code, is further amended by inserting in chapter 91 thereof, immediately following section 1504, a new section, to be designated as section 1505, as follows:

Ҥ 1505.

"The Court of Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Claims if the claimant were not an Indian tribe, band or group.".

Approved, May 24, 1949.


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