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2023 Cal. Sup. Ct. Hist. Soc'y Rev. 1 (2023)

handle is hein.journals/casrecths2023 and id is 1 raw text is: 




                SUPB&                    CALIFORNIA SUPREME COURT

                                         HISTORICAL SOCIETY







            S RCAL   So0



                                                                                      SPRING/SUMMER 2023






































                                                             AN  ACT  for the Government and Protection of Indians.

                                                                                                             Passed April 22, 1850.
                         ,       i           The People of the State (f California, represented in Senate and Assendly, do enact as follow8s
                                    *        § 1. ,Justices of the Peace shall have jurisdiction in all cases of complaints by, for, or against Indians,
                                           in their respective Townships in this State.
                                             § 2. Persons and proprietors of lands- on which Indians are re-iding, shall permit such Indians
                                           peaceably to reside on such lands, unmolerted in the pursuit of their usual avocations for the
                                           maintenance of themselves and families : Provided, the white person or proprietor in possession of such
                  $                        lands may apply to a Justice of the Peace in the 'Township where the [ndians reside, to set off to such
                                           Indians a certain amount of land, and, on such application, the Justicu shall set off a sufficient amount
                                           of land for the necessary wants of such Indians, including the site of their village or residence, if they
                                           so prefer it; and in no case shall such selection be made to the prejudice of such Indians, nor shall
                                           they be forced to abandon their homes or villages where they have resided for a number of years;
                                           and either party feeling themselves aggrieved, can appeal to the County Court from the decision of the
                                           Justice : and then divided, a record shall be made of the lands so i-ot off in the Court so dividing them,
                                           and the Indians shall be permitted to remain thereon until otherwise provided for.
                                             § 3. Any  person having or hereafter obtaining a minor Indian, male or female, from the parents or
                                           relations of such Indian minor, and wishing to keep it, such peron shall go before a Justice of the
                                           Peace in his Township, with the panuts or friends of the child, and if the Ju tine of the fence becouines
                                           satisfied that no compulsory means have been used to obtain the child from its parents or friends'shall
                                           enter on record, in a book kept for that purpose, the sex end probable age of the child, and shall give
                                           to such person a certificate, authorizing him or her to lac the care, eutody, control, and earnings of
                                           such minor, until he or she obtain the age of imajority. Every male Indian shall he deemed to have
                                           attained his majority at einhteen and the femalo at fifteen car..



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