25 U.S.C. § 202 — Inducing conveyances by Indians of trust interests in lands

submitted 116 years ago by ch. 431 to r/title-25-INDIANS · 140 words · no verdicts yet

in plain englishAI-generated · not legal advice

It's illegal to trick an Indian into signing away land the U.S. holds in trust for them. This includes offering such a deal for public record. Breaking this law is a misdemeanor with a fine, and repeat offenders can also face jail time.

It is against the law for anyone to induce (talk or trick) an Indian into signing a contract, deed, mortgage, or other document that would transfer land — or any interest in land — that the United States holds in trust for that Indian. It is also illegal to offer such a document for public recording at a deeds office. Anyone who breaks this law is guilty of a misdemeanor. For a first offense, the fine is up to $500. For a second offense, the fine can still be up to $500, but a court can instead — or also — sentence up to one year in prison, at the court's discretion. This law does not apply to a lease or other contract that is otherwise legally authorized.

the actual law source: uscode.house.gov ↗public domain

It shall be unlawful for any person to induce any Indian to execute any contract, deed, mortgage, or other instrument purporting to convey any land or any interest therein held by the United States in trust for such Indian, or to offer any such contract, deed, mortgage, or other instrument for record in the office of any recorder of deeds. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding $500 for the first offense, and if convicted for a second offense may be punished by a fine not exceeding $500 or imprisonment not exceeding one year, or by both such fine and imprisonment, in the discretion of the court. This section shall not apply to any lease or other contract authorized by law to be made.

Source credit: (June 25, 1910, ch. 431, § 5, 36 Stat. 857.)

history & why it existsrecord from the source credit

1910Enacted · Act of June 25, 1910, ch. 431 · 36 Stat. 857

A history note hasn’t been published yet. The record shows enactment by ch. 431 on 1910-06-25.

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