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This entry was published on 2014-09-22
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SECTION 105
Illegal sales of timber, trees and stone
Indian (IND) CHAPTER 26, ARTICLE 8
§ 105. Illegal sales of timber, trees and stone. Every sale or
disposition without the consent of such chiefs, by any individual Indian
or Indians, of any tree, timber or stone on any of the tribal lands, or
of any manufacture therefrom, shall be void. The chiefs may sell for the
benefit of the tribe any timber, trees or stone on the wild lands of
such tribe, the proceeds of such sale to be paid to the clerk. Such
chiefs may bring an action in the name of the tribe against the person
to whom such trees, timber or stone are sold to recover the value
thereof, or against any person who shall have received any tree, timber
or stone or the manufacture therefrom unlawfully sold, to recover the
value thereof for the benefit of the tribe. Any person who shall sell,
take or carry from the lands of such tribe, any trees, lumber, stone or
article of manufacture therefrom, without the consent of such chiefs, in
any other case than is provided for in this section, shall be liable to
a penalty of twice the value of such trees, timber, stone or
manufactured articles, recoverable by such chiefs in the name of the
tribe. The chiefs of such tribe, upon giving satisfactory security for
costs, may sue in the name of the tribe for the amount of any recovery
permitted under this section, and after paying the legal charges of such
suit, shall pay over any remaining proceeds of such recovery to the
clerk of the tribe.