enacted a law, known and styled the "Intercourse law," to regulate trade with the Indian tribes; and whereas, it is enacted in the 22d section of said law, "that if an Indian is party on one side and a white man on the other, the burden of proof shall rest on the white man;" and in the 23d section, "that it shall be lawful for the troops to be employed in the apprehension of any white man who may become a party to a suit where an Indian is concerned, and have him conveyed to the nearest civil authority of the territory, or judicial district in which the person may be found, to be proceeded against in due form of law." Therefore, from and after the passage of this act, if any licensed trader under the United States, or other person, not a citizen of this Nation, has, or may contract debts within the limits of the Nation, with a citizen thereof, it shall not be lawful for such person to recover such debts in any of the courts of the same; and all laws or parts of laws that may authorize the collection of such debts, except in cases expressly provided for in this code are hereby repealed; provided, that whenever an adopted citizen of this Nation shall apply for, obtain, or accept of a license to trade in this Nation, from the United States government, no license or permit to trade shall be granted to such adopted citizen, by the authorities of this Nation. And the Cherokee Nation would hereby disclaim all responsibility or liability, in consequence of any loss or damage sustained by such licensed trader, under the government of the United States.

ARTICLE XXV.

INTRUDERS.

Sec. 127. Every person unlawfully residing or sojourning in the Cherokee Nation, agreeably to the 27th Article of the treaty of July 19th, A. D., 1866, with the United States, and in violation of the laws of this Nation, shall be and hereby is deemed to be an intruder. And it is hereby made the duty of the sheriffs of the several districts, when

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LIABILITY OF CHEROKEE NATION TO HER CITIZENS.

ever called upon for that purpose, to co-operate with the proper authorities of the United States in the removal of such intruders beyond the limits of this Nation; provided, that such sheriffs, while so engaged, shall act under the authority of the United States, and be compensated by the

same.

Sec. 128. Solicitors shall furnish annually, by the close of the "fiscal year," to the Principal Chief, a complete and full list of all persons residing or being in their several districts, in violation of law, and the Principal Chief shall, as soon as may be, report the same to the proper authority for removal.

Sec. 129. Improvements made or held by intruders, at the time of their removal, or at the time when reportedif there is no adverse title held by a "bona fide" citizen of the Nation,—shall be sold to the highest bidder by the sheriff of the district in which located, after fifteen days notice in the "Cherokee Advocate," or by posting at three of the most public places in the district. Such sales to be for prompt payment in cash or national warrants, or certificates, and the proceeds, after deducting his fees of ten per cent. shall be paid by the sheriff into the general fund of the national treasury.

ARTICLE XXVI.

LIABILITY OF THE CHEROKEE NATION TO HER OWN CITIZENS.

Sec. 130. The Cherokee Nation shall be liable to all persons whatever, citizens of the Nation having claims at law or equity, against her, to the same extent as individual persons are liable to each other, and may be sued by any citizen having a cause of action, in the manner hereinafter provided; but no suit shall be maintained unless the claim has been demanded, and payment refused or waived.

Sec. 131. All suits against the Nation, shall be commenced in the circuit court of the district in which the

LIABILITY OF CHEROKEE NATION TO HER CITIZENS. 241

national capital is situated; but appeals may be taken to the supreme court in the same manner as in civil cases between individual litigants, and said circuit and supreme courts, shall have exclusive jurisdiction over all causes in which the Nation may be made a party defendant; provided, however, that said suits may, with the consent of the parties, originate in and be determined by the supreme court alone, independent of the circuit court. Suits against the Nation shall be instituted and conducted in the same manner as suits between individuals.

Sec. 132. Process in suits against the Nation, shall be served on the Principal Chief, in the mode prescribed by law for the service of process in other cases; and the Principal Chief shall, whenever such process against the Nation is served upon him, appear in person or by counsel, and represent the Nation. He shall require the solicitor general, and such other counsel as he may deem necessary, to appear in defense of the Nation.

A

Sec. 133. Judgments and decrees against the Nation, shall not be enforced in any other manner, except by an appropriation made by the National Council, on the petition of the person holding such judgment or decree, accompanied by a duly certified copy of such judgment or decree.

CHAPTER XIII

RULES FOR CONSTRUING THIS CODE.

ARTICLE I.

Sec. 1. All words and phrases used in this code, and the statutes of this Nation, shall be construed according to their common and ordinary acceptation and meaning; but. technical words and phrases shall be construed according to their technical meaning, as established by the profession using them.

Sec. 2. Words used in the singular number only, either as descriptive of persons or things, shall extend to and embrace the plural number also; and in like manner, words used in the plural number, shall extend to and embrace the singular number, except where a contrary intention is expressed.

Sec. 3. The word "month" shall be understood to mean a calendar month, and the word "year" a calendar year, unless a contrary intention is expressed.

Sec. 4. The word "person" shall apply to artificial as well as natural persons.

Sec. 5. Words in the masculine gender shall embrace a female, as well as a male, unless a contrary intention is manifest.

Sec. 6. When process shall be required to be served, on notice given any number of days, the day of serving the process, or of giving the notice, shall be excluded, and the day of appearance included, and so in all other cases, where any number of days shall be prescribed, one day shall be excluded. and the other included. When the last day falls on Sunday, it shall be excluded, but in all other cases Sunday shall be reckoned in the computation of

CHAPTER XIV.

AN ACT RELATING TO ACTS INCONSISTENT WITH THE PROVISIONS OF THIS CODE.

Sec. 1. That all acts or parts of acts, of a general nature, heretofore enacted and in force, and inconsistent with the provisions of this code, shall be, and are hereby declared to be repealed from and after the date when this code shall go into effect; provided, that prosecutions for crime, committed in violation of any penal law in force at the time of the commission of such crime, may be instituted until such prosecutions shall be and become barred by operation of any limitation to the same, duly imposed and declared by law. And all such prosecutions, so instituted for violation of any penal law heretofore in force, and all civil suits. which shall be instituted for the recovery of claims or demands arising under any repealed law, shall be tried and decided as required by the first section of the article under the head of the judiciary, that is, pursuant to the understanding, obligations and responsibilities lawfully binding the parties at the time, and in accordance with the laws under which the cases shall have respectively originated.

Sec. 2. All acts, or parts of acts, through and by virtue of which private rights have been vested or conferred upon individuals, now citizens of this Nation, and in the possession and enjoyment of such rights, shall be, and continue in force as heretofore since their enactment, to such extent, and to such time only, as such rights may attach to and vest in such persons, agreeably to the laws of this Nation, and the terms and provisions of the acts, or parts of acts, vesting such rights.