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as does not come under the jurisdiction of the examiner of inheritance, and the determination of heirs by the court may be reviewed, on appeal, and the judgment of the court modified or set aside by the said examiner of inheritance, with the approval of the Secretary of the Interior, if law and justice so require.

CROSS REFERENCE: For regulations governing the jurisdiction of the examiner of inheritance concerning the determination of heirs, see Part 15 of this chapter. $ 11.31C Determination of heirs.

The superintendent of the Crow Reservation shall have authority to protect, impound or convert into cash, for the benefit of the estate, any personal property which may be left by any decedent who is an enrolled member of the Crow Tribe, pending final determination of the heirs of said decedent by the Secretary of the Interior, and in accordance with existing law and regulations. § 11.31CA Determination of heirs.

The examiner of inheritance shall have authority to determine the heirs and distribute the property, both personal and real, of any member of the Coeur d'Alene Tribe of Indians, regardless of whether or not such property is in a trust status: Provided further, That the judge of the Court of Indian Offenses shall have authority to take into custody any property other than trust left by the death of any member of the tribe, and shall have authority, when approved by the superintendent, to sell perishable property, the proceeds of such sale to be deposited to the decedent's account with the disbursing agent of the reservation. f 11.32 Approval of wills.

When any member of the tribe dies, leaving a will disposing only of property other than an allotment or other trust property subject to the jurisdiction of the United States, the Court of Indian Offenses shall, at the request of any member of the tribe named in the will or any other interested party, determine the validity of the will after giving notice and full opportunity to appear in court to all persons who might be heirs of the decedent, as under $ 11.31. A will shall be deemed to be valid if the decedent had a sane mind and understood what he was doing when he made the will and was not subject to any undue influence of any kind from another person, and if the will was made in accordance with a proved

tribal custom or made in writing and signed by the decedent in the presence of two witnesses who also sign the will. If the court determines the will to be validly executed, it shall order the property described in the will to be given to the persons named in the will or to their heirs; but no distribution of property shall be made in violation of a proved tribal custom which restricts the privilege of tribal members to distribute property by will.

CROSS REFERENCE: For regulations governing the jurisdiction of the Examiner of Inheritance concerning the approval of wills, heirs, see Part 15 of this chapter. § 11.32C Approval of wills.

The determination of the validity of wills shall be made by the Secretary of the Interior as provided in Part 15 of this chapter).

SENTENCES 8 11.33 Nature of sentences.

(a) Any Indian who has been convicted by the Court of Indian Offenses of violation of a provision of $$ 11.38–11.87 NH shall be sentenced by the court to work for the benefit of the tribe for any period found by the court to be appropriate; but the period fixed shall not exceed the maximum period set for the offense in the code, and shall begin to run from the day of the sentence. During the period of sentence the convicted Indian may be confined in the agency jail if so directed by the court. The work shall be done under the supervision of the superintendent or of an authorized agent or committee of the tribal council as the court may provide.

(b) Whenever any convicted Indian shall be unable or unwilling to work, the court shall, in its discretion, sentence him to imprisonment for the period of the sentence or to pay a fine equal to $2 a day for the same period. Such fine shall be paid in cash, or in commodities or other personal property of the required value as may be directed by the court. Upon the request of the convicted Indian, the disbursing agent may approve a disbursement voucher chargeable to the Indian's account to cover payment of the fine imposed by the court.

(c) In addition to any other sentence, the court may require an offender who has inflicted injury upon the person or property of any individual to make restitution or to compensate the party injured, through the surrender of property, the payment of money damages,

or the performance of any other act for willful and whether the offender has atthe benefit of the injured party.

tempted to make amends, and shall give (d) In determining the character and due consideration to the extent of the duration of the sentence which shall be defendant's resources and the needs of imposed, the court shall take into con- his dependents. The penalties listed in sideration the previous conduct of the $$ 11.38–11.76CA are maximum penaldefendant, the circumstances under ties to be inflicted only in extreme cases. which the offense was committed, and

8 11.34 Probation. whether the offense was malicious or willful and whether the offender has (a) Where sentence has been imposed attempted to make amends, and shall upon any Indian who has not previously give due consideration to the extent of been convicted of any offense, the Court the defendant's resources and the needs of Indian Offenses may in its discretion of his dependents. The penalties listed suspend the sentence imposed and allow in $$ 11.38–11.87NH are maximum penal- the offender his freedom on probation ties to be inflicted only in extreme cases. upon his signing a pledge of good conduct

during the period of the sentence upon § 11.33CA Nature of sentences.

the form provided therefor. (a) Any Indian who has been convict- (b) Any Indian who shall violate his ed by the Court of Indian Offenses of probation pledge shall be required to violation of $ $ 11.38–11.76CA shall be serve the original sentence plus an adsentenced by the court to work for the ditional half of such sentence as penalty benefit of the tribe for any period found for the violation of his pledge. by the court to be appropriate; but the

§ 11.34C Probation. period fixed shall not exceed the maximum period set for the offense in this (a) Where sentence has been imposed part, and shall begin to run from the day upon any Indian, the Court of Indian of the sentence. During the period of Offenses may in its discretion suspend sentence the convicted Indian may be the sentence imposed and allow the ofconfined in the agency jail if so directed fender his freedom on probation, upon by the court. The work shall be done his signing a pledge of good conduct durunder the supervision of the superin- ing the period of the sentence. tendent or of an authorized agent or (b) Any Indian who shall violate his committee of the tribal council as the probation pledge shall be required to court may provide.

serve the original sentence plus an addi(b) Whenever any convicted Indian tional half of such sentence as penalty shall be unable or unwilling to work, the for the violation of his pledge. court shall, in its discretion, sentence him

§ 11.35 Parole. to imprisonment for the period of the sentence or pay a fine equal to $2 a day (a) Any Indian committed by a Court for the same period. Upon the request

of Indian Offenses who shall have withof the convicted Indian, the disbursing

out misconduct served one-half the senagent may approve a disbursement tence imposed by such court shall be voucher chargeable to the Indian's ac- eligible to parole. Parole shall be granted count to cover payment of the fine im

only by a judge of the Court of Indian posed by the court.

Offenses where the prisoner was con(c) In addition to any other sentence,

victed and upon the signing of the form the court may require an offender who provided therefor. has inflicted injury upon the person or

(b) Any Indian who shall violate any property of any individual to make res- of the provisions of such parole shall be titution or to compensate the party in

punished by being required to serve the jured, through the surrender of property, whole of the original sentence. the payment of money damages, or the 11.36 Juvenile delinquency. performance of any other act for the benefit of the injured party.

Whenever any Indian who is under the (d) In determining the character and

age of 18 years is accused of committing

one duration of the sentence which shall be

of the offenses enumerated in imposed, the court shall take into con

$$ 11.38–11.87NH, the judge may in his sideration the previous conduct of the

discretion hear and determine the case defendant, the circumstances under in private and in an informal manner, which the offense was committed, and and, if the accused is found to be guilty, whether the offense was malicious or may in lieu of sentence place such de

linquent for a designated period under the superivision of a responsible person selected by him or may take such other action as he may deem advisable in the circumstances. 11.36C Juvenile delinquency.

(a) Whenever any Indian who is under the age of 18 years is accused of committing one of the offenses enumerated in $ $ 11.38–11.75C, the judge may in his discretion hear and determine the case in private and in an informal manner, and, if the accused is found to be guilty, may in lieu of sentence, place such delinquent for a designated period under the supervision of a responsible person selected by him or may take such other action as he may deem advisable in the circumstances.

(b) In the absence of either parent or guardian, the court shall appoint a suitable person to represent the delinquent child. § 11.37 Disposition of fines.

(a) All money fines imposed for the commission of an offense shall be in the nature of an assessment for the payment of designated court expenses. Such expenses shall include the payment of the fees provided for in the regulations in this part to jurors and to witnesses answering a subpena. The fines assessed shall be paid over by the clerk of the court to the disbursing agent of the reservation for deposit as a "special deposit, court funds" to the disbursing agent's official credit in the Treasury of the United States. The disbursing agent shall withdraw such funds, in accordance with existing regulations, upon the order of the clerk of the court signed by a judge of the court, for the payment of specified fees to specified jurors or witnesses. The disbursing agent and the clerk of the court shall keep an accounting of all such deposits and withdrawals for the inspection of any person interested. Whenever such fund shall exceed the amount necessary with a reasonable reserve for the payment of the court expenses before mentioned, the tribal council shall designate, with the approval of the superintendent, further expenses of the work of the court which shall be paid by these funds, such as the writing of records, the costs of notices or the increase of fees, whether or not any such costs were previously paid from other sources.

(b) Wherever a fine is paid in commodities, the commodities shall be turned over under the supervision of the clerk of the court to the custody of the superintendent to be sold or, if the tribal council so directs, to be disposed of in other ways for the benefit of the tribe. The proceeds of any sale of such commodities shall be deposited by the disbursing agent in the special deposit for court funds and recorded upon the accounts. 8 11.37CA Deposit and disposition of

fines. All money fines imposed for the commission of an offense shall be in the nature of an assessment for the payment of designated court expenses. Such expenses shall include the payment of the fees provided for in this part to jurors and to witnesses answering a subpena. The fines assessed shall be paid over by the clerk of the court to the disbursing agent of the reservation for deposit as a "special deposit, court funds" to the disbursing agent's official credit in the Treasury of the United States. The disbursing agent shall withdraw such funds, in accordance with existing regulations, upon the order of the clerk of the court signed by a judge of the court, for the payment of specified fees to specified jurors or witnesses. The disbursing agent and the clerk of the court shall keep an accounting of all such deposits and withdrawals for the inspection of any person interested. Whenever such funds shall exceed the amount necessary with a reasonable reserve for the payment of the court expenses before mentioned, the tribal council shall designate, with the approval of the superintendent, further expenses of the work of the court which shall be paid by these funds, such as the writing of records, the costs of notices or the increase of fees, whether or not any such costs were previously paid from other sources.

CODE OF INDIAN TRIBAL OFFENSES § 11.38 Assault.

Any Indian who shall attempt or threaten bodily harm to another person through unlawful force or violence shall be deemed guilty of assault, and upon conviction thereof shall be sentenced to labor for a period not to exceed 5 days or shall be required to furnish a satisfactory bond to keep the peace.

§ 11.39 Assault and battery.

Any Indian who shall willfully strike another person or otherwise inflict bodily injury, or who shall by offering violence cause another to harm himself shall be deemed guilty of assault and battery and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months. § 11.40 Carrying concealed weapons.

Any Indian who shall go about in public places armed with a dangerous weapon concealed upon his person, unless he shall have a permit signed by a judge of a Court of Indian Offenses and countersigned by the superintendent of the reservation, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period not to exceed 30 days; and the weapons so carried may be confiscated. 8 11.41

Abduction. Any Indian who shall willfully take away or detain another person against his will or without the consent of the parent or other person having lawful care or charge of him, shall be deemed guilty of abduction and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months. § 11.42 Theft.

Any Indian who shall take the property of another person, with intent to steal, shall be deemed guilty of theft and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months. $11.43 Embezzlement.

Any Indian who shall, having lawful custody of property not his own, appropriate the same to his own use with intent to deprive the owner thereof, shall be deemed guilty of embezzlement and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months.

11.44 Fraud.

Any Indian who shall by willful misrepresentation or deceit, or by false interpreting, or by the use of false weights or measures obtain any money or other property, shall be deemed guilty of fraud and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months.

$11.45 Forgery.

Any Indian who shall, with intent to defraud, falsely sign, execute or alter any written instrument, shall be deemed guilty of forgery and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months. $11.46 Misbranding.

Any Indian who shall knowingly and willfully misbrand or alter any brand or mark on any livestock of another person, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period not to exceed 6 months. § 11.47 Receiving stolen property.

Any Indian who shall receive or conceal or aid in concealing or receiving any property, knowing the same to be stolen, embezzled, or obtained by fraud or false pretense, robbery or burglary, shall be deemed guilty of an offense and upon conviction thereof shall be sentenced to labor for a period not to exceed 3 months. § 11.48 Extortion.

Any Indian who shall willfully, by making false charges against another person or by any other means whatsoever, extort or attempt to extort any 'moneys, goods, property, or anything else of any value, shall be deemed guilty of extortion and upon conviction thereof shall be sentenced to labor for a period not to exceed 30 days. § 11.49 Disorderly conduct.

Any Indian who shall engage in fighting in a public place, disturb or annoy any public or religious assembly, or appear in a public or private place in an intoxicated and disorderly condition, or who shall engage in any other act of public indecency or immorality, shall be deemed guilty of disorderly conduct and upon conviction thereof shall be sentenced to labor for a period not to exceed 30 days. § 11.49CA Disorderly conduct.

Any Indian who shall engage in fighting in a public place, disturb or annoy any public or religious assembly, or appear in a public or private place in an intoxicated or disorderly condition, or who shall engage in any other act of public indecency or immorality, shall be deemed guilty of disorderly conduct and upon conviction thereof shall be sen

tenced to labor for a period not to exceed § 11.52CA Trespass. 30 days.

Any Indian who shall go upon or pass $ 11.50 Reckless driving.

over any cultivated or enclosed lands or

premises of another person and who shall Any Indian who shall drive or operate refuse to go immediately therefrom on any automobile, wagon, or any other

the request of the owner or occupant vehicle in a manner dangerous to the thereof or who shall willfully and public safety, shall be deemed guilty of

knowingly allow livestock to occupy or reckless driving and upon conviction

graze on the cultivated or enclosed lands, thereof shall be sentenced to labor for a

shall be deemed guilty of an offense and period not to exceed 15 days and may be

upon conviction shall be punished by a deprived of the right to operate any fine not to exceed $5, in addition to any automobile for a period not to exceed 6

award of damages for the benefit of the months. For the commission of such

injured party: Provided, however, That offense while under the influence of

no lands shall be deemed to be enclosed liquor, the offender raay be sentenced to

unless fenced by a legal fence as defined labor for a period not to exceed 3 months.

by State law. $ 11.50C Reckless driving.

§ 11.53 Injury to public property. Any Indian who shall drive or operate

Any Indian who shall, without proper any automobile, wagon, or any other authority, use or injure any public propvehicle in a manner dangerous to the erty of the tribe or the United States, public safety, shall be deemed guilty of shall be deemed guilty of an offense and reckless driving and upon conviction upon conviction thereof shall be senthereof shall be sentenced to labor for a tenced to labor for a period not to exceed period not to exceed 15 days and may be

30 days. deprived of the right to operate any

8 11.53CA Injury to public property. automobile for a period not to exceed 6 months. For the commission of such

Any Indian who shall, without proper offense while under the influence of

authority, use or injure any public propliquor, the offender may be sentenced for

erty of the tribe, or the United States, the first offense to labor for a period not

shall be deemed guilty of an offense and to exceed 3 months and for a second or

upon conviction thereof shall be sensubsequent offense for a period not to

tenced to labor for a period not to exceed

30 days. exceed 6 months and may be deprived of his right to operate any motor vehicle § 11.54 Maintaining a public nuisance. for a period of 1 year.

Any Indian who shall act in such a § 11.51 Malicious mischief.

manner, or permit his property to fall

into such condition as to injure or enAny Indian who shall maliciously dis

danger the safety, health, comfort, or turb, injure or destroy any livestock or

property of his neighbors, shall be other domestic animal or other property, deemed guilty of an offense and upon shall be deemed guilty of malicious mis- conviction thereof shall be sentenced to chief and upon conviction thereof shall

labor for a period not to exceed 5 days, be sentenced to labor for a period not to

and may be required to remove such nuiexceed 6 months.

sance when so ordered by the court. $ 11.52 Trespass.

§ 11.55 Liquor violations. Any Indian who shall go upon or pass Any Indian who shall possess, sell, over any cultivated or enclosed lands of trade, transport or manufacture any another person and shall refuse to go beer, ale, wine, whisky or any article immediately therefrom on the request of

whatsoever which produces alcoholic

intoxication, shall be deemed guilty of the owner or occupant thereof or who

an offense and upon conviction thereof shall willfully and knowingly allow live

shall be sentenced to labor for a period stock to occupy or graze on the culti

not to exceed 60 days. vated or enclosed lands, shall be deemed guilty of an offense and upon conviction $ 11.56 Cruelty to animals. shall be punished by a fine not to exceed Any Indian who shall torture or $5, in addition to any award of damages cruelly mistreat any animal, shall be for the benefit of the injured party. deemed guilty of an offense and shall be

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