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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. 8 11.310 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. f 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. & 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 Offense's 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 bad & 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. 8 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 $8 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 the benefit of the injured party.

(d) In determining the character and duration of the sentence which shall be imposed, the court shall take into consideration the previous conduct of the defendant, the circumstances under which the offense was committed, and whether the offense was malicious or willful and whether the offender has attempted to make amends, and shall give due consideration to the extent of the defendant's resources and the needs of his dependents. The penalties listed in 88 11.38–11.87NH are maximum penalties to be inflicted only in extreme cases. § 11.33CA Nature of sentences.

(a) Any Indian who has been convicted by the Court of Indian Offenses of violation of $$ 11.38–11.76CA 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 this part, 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

iscretion, sentence him to imprisonment for the period of the sentence or pay a fine equal to $2 a day for the same period. 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 the benefit of the injured party.

(d) In determining the character and duration of the sentence which shall be imposed, the court shall take into consideration the previous conduct of the defendant, the circurastances under which the offense was committed, and whether the offense was malicious or

willful and whether the offender has attempted to make amends, and shall give due consideration to the extent of the defendant's resources and the needs of his dependents. The penalties listed in $$ 11.38–11.76CA are maximum penalties to be inflicted only in extreme cases. § 11.34 Probation.

(a) Where sentence has been imposed upon any Indian who has not previously been convicted of any offense, the Court of Indian Offenses may in its discretion suspend the sentence imposed and allow the offender his freedom on probation upon his signing a pledge of good conduct during the period of the sentence upon the form provided therefor.

(b) Any Indian who shall violate his probation pledge shall be required to serve the original sentence plus an additional half of such sentence as penalty for the violation of his pledge. § 11.34C Probation.

(a) Where sentence has been imposed upon any Indian, the Court of Indian Offenses may in its discretion suspend the sentence imposed and allow the offender his freedom on probation, upon his signing a pledge of good conduct during the period of the sentence.

(b) Any Indian who shall violate his probation pledge shall be required to serve the original sentence plus an additional half of such sentence as penalty for the violation of his pledge. $11.35 Parole.

(a) Any Indian committed by a Court of Indian Offenses who shall have without misconduct served one-half the sentence imposed by such court shall be eligible to parole. Parole shall be granted only by a judge of the Court of Indian Offenses where the prisoner was convicted and upon the signing of the form provided therefor.

(b) Any Indian who shall violate any of the provisions of such parole shall be punished by being required to serve the whole of the original sentence. $ 11.36 Juvenile delinquency.

Whenever any Indian who is under the age of 18 years is accused of committing one of the offenses enumerated in $$ 11.38–11.87NH, 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 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. f 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. 8 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 oficial 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.

f 11.39 Assault and battery.

§ 11.45 Forgery. Any Indian who shall willfully strike Any Indian who shall, with intent to another person or otherwise inflict bodily defraud, falsely sign, execute or alter any injury, or who shall by offering violence written instrument, shall be deemed cause another to harm himself shall be guilty of forgery and upon conviction deemed guilty of assault and battery thereof shall be sentenced to labor for and upon conviction thereof shall be sen a period not to exceed 6 months. tenced to labor for a period not to exceed

§ 11.46 Misbranding. 6 months.

Any Indian who shall knowingly and 8 11.40 Carrying concealed weapons.

willfully misbrand or alter any brand or Any Indian who shall go about in pub mark on any livestock of another person, lic places armed with a dangerous weap shall be deemed guilty of an offense and on concealed upon his person, unless he upon conviction thereof shall be senshall have a permit signed by a judge tenced to labor for a period not to exceed of a Court of Indian Offenses and 6 months. countersigned by the superintendent of the reservation, shall be deemed guilty § 11.47 Receiving stolen property. of an offense and upon conviction thereof Any Indian who shall receive or conshall be sentenced to labor for a period ceal or aid in concealing or receiving any not to exceed 30 days; and the weapons property, knowing the same to be stolen, so carried may be confiscated.

embezzled, or obtained by fraud or false 11.41 Abduction.

pretense, robbery or burglary, shall be

deemed guilty of an offense and upon Any Indian who shall willfully take

conviction thereof shall be sentenced to away or detain another person against

labor for a period not to exceed 3 months. his will or without the consent of the parent or other person having lawful $11.48 Extortion. care or charge of him, shall be deemed Any Indian who shall willfully, by guilty of abduction and upon conviction making false charges against another thereof shall be sentenced to labor for a person or by any other means whatsoperiod not to exceed 6 months.

ever, extort or attempt to extort any

moneys, goods, property, or anything § 11.42 Theft.

else of any value, shall be deemed guilty Any Indian who shall take the prop- of extortion and upon conviction thereerty of another person, with intent to of shall be sentenced to labor for a period steal, shall be deemed guilty of theft and not to exceed 30 days. upon conviction thereof shall be sen

§ 11.49 Disorderly conduct. tenced to labor for a period not to exceed 6 months.

Any Indian who shall engage in fight

ing in a public place, disturb or annoy § 11.43 Embezzlement.

any public or religious assembly, or apAny Indian who shall, having lawful pear in a public or private place in an custody of property not his own, appro

intoxicated and disorderly condition, or priate the same to his own use with in

who shall engage in any other act of pubtent to deprive the owner thereof, shall

lic indecency or immorality, shall be

deemed guilty of disorderly conduct and be deemed guilty of embezzlement and

upon conviction thereof shall be senupon conviction thereof shall be sen

tenced to labor for a period not to exceed tenced to labor for a period not to exceed

30 days. 6 months.

§ 11.49CA Disorderly conduct. § 11.44 Fraud.

Any Indian who shall engage in fightAny Indian who shall by willful mis

ing in a public place, disturb or annoy representation or deceit, or by false inter

any public or religious assembly, or appreting, or by the use of false weights or

pear in a public or private place in an measures obtain any money or other intoxicated or disorderly condition, or property, shall be deemed guilty of fraud who shall engage in any other act of puband upon conviction thereof shall be lic indecency or immorality, shall be sentenced to labor for a period not to deemed guilty of disorderly conduct and exceed 6 months.

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 may 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

§ 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,

shall be deemed guilty of an offense and the first offense to labor for a period not to exceed 3 months and for a second or

upon conviction thereof shall be sen

tenced to labor for a period not to exceed subsequent offense for a period not to

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 f 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 the owner or occupant thereof or who

intoxication, shall be deemed guilty of

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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