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- Substitute for Assembly
Bill No. 65
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- An act amendatory of an act entitled
an act for the government & protection of Indians passed
April 22, 1850
Feb 17, 1860 reported as substitute for assembly Bill No. 65
& passage recommended
Weston
Asst Clk
Feb 27, 1860, adopted and ordered printed
Weston
Asst. Clk
March 10, 1860 Amended rules suspended, considered
Engrossed read third time and passed
Weston
Asst Clk
E.W. Casey Engrossing Clerk
231 [in pencil]
Judiciary Committee
March 13th 1860
Read first and second times and refd to the Committee on Federal
Relations
Williamson
Asst Secty
March 23rd 1860
Reported back and passage recommended & placed on file April
6th
Taken up read a third time & passed
Enrolled April 6th 1860
H.C. Kibbe
Enrolling Clerk
- Chap 231 [in pencil]
An Act amendatory of an act Entitled An Act for the Government
and Protection of Indians passed April 22d 1850.
The People of the State of California represented in Senate and
Assembly do enact as follows.
Section 1. Section third of said Act, is hereby amended so as
to read as follows;
Section 3d. County and District Judges in the respective Counties
of the State shall by virtue of this act have full power and
authority, at the instance and request of any person having or
hereafter obtaining any Indian child or children male or female
under the age of fifteen years, from the parents or person or
persons having the care or charge of such child or children with
the consent of such parents or person or persons having the care
or charge of any such child or children, or at the instance and
request of any person desirous of obtaining any Indian or Indians,
whether children or grown persons that may be held as prisoners
of war, or at the instance and request of any person desirous
of obtaining any vagrant Indian or Indians as have no settled
habitation or means of livelihood, and have not placed themselves
under the protection of any white person, to bind and put out
such Indians as apprentices to trades husbandry or other employments
as shall to them appear proper, and for this purpose shall execute
duplicate Articles of Indenture of Apprenticeship on behalf of
such Indians, which Indentures shall also be executed by the
person to whom such Indian or Indians are to be Indentured; one
copy of which shall be filed by the County Judge, in the Recorders
office of the County, and one copy retained by the person to
whom such Indian or Indians may be Indentured, such Indentures
shall authorize such person to have the care custody control
and earnings of such Indian or Indians and shall require such
person to clothe and suitably provide the necessaries of life
for such Indian or Indians, for and during the term for which
such Indian or Indians shall be apprenticed, and shall contain
the sex name and probable age of such Indian or Indians, such
indentures may be for the following terms of years; such children
as are under fourteen years of age, if males until they attain
the age of twenty five years; if females until they attain the
age of twenty one years; such as are over fourteen and under
twenty years of age, if males until they attain the age of thirty
years; if females until they attain the age of twenty five years,
and such Indians as may be over the age of twenty years for and
during the term of ten years thru next following the date of
such indenture at the discretion of such Judge, such Indians
as may be indentured under the provisions of this Section, shall
be deemed within such provisions of this Act, as are applicable
to minor Indians
Section 2. Section Seventh of said act is hereby amended so as
to read as follows:
Section 7. If any person shall forcibly convey any Indian from
any place without this State, to any place within this State,
or from his or her home within this State, or compel him or her
to work or perform any service against his or her will except
as provided in this act, he or they shall upon conviction thereof,
be fined in any sum, not less than one hundred dollars nor more
than five hundred dollars, before any Court having jurisdiction
at the discretion of the Court, and the collection of such fine
shall be enforced as provided by law in other criminal cases,
on half to be paid to the prosecutor, and one half to the County
in which such conviction is had.
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