or person may reside, the latter officer shall, in the name of the national treasurer, enter suit upon such bond, in the manner and form prescribed for other civil suits at law, and such solicitor shall be entitled to, and receive, as his fees for entering and prosecuting any such suit in behalf of the Nation, to final judgment, ten per cent. of all collections made upon executions obtained thereon.

SEC. 153. All sureties to bonds required to be given by law, shall be required, by the officer to whose satisfaction they shall be given, to state, under oath, before their acceptance as bondsmen, the description and value of the property owned by them respectively, and subject to execution in case of forfeiture of bond; and no surety shall be accepted for an amount above that to which he shall be able to qualify, as herein provided.

ARTICLE XIX.

WRITS OF EJECTMENT.

SEC. 154. Any person who may take or be in possession of any improvement without consent of the claimant or owner, such improvement not being abandoned, and a part of the public domain, and any person who shall come into possession of or now be possessed of any farm, residence or improvement of any kind, to hold the same for a limited time by virtue of an agreement made with the owner or prior legal possessor thereof, and who shall fail or refuse to vacate the premises with his effects whenever the owner or person

with whom such agreement shall have been made shall demand possession thereof according to the terms of such agreement, such owner or party to said agreement shall have the right to go before the Clerk of the District and make oath to the facts that he is a lawful owner of such improvement, that such improvement is held by an occupant against such owners will and consent, and either without any agreement with such owner in the first place, or with his consent to the occupancy thereof for a limited specified time, but which time has expired, and such occupant continues in unlawful possession though possession has been demanded of him by the owner. Whereupon the clerk shall issue a writ commanding the sheriff of the district to summarily eject such unlawful occupant from the premises in question, and to place the person making said affidavit in possession, which writ the sheriff shall execute and return without delay. This act shall be held to apply to all persons, lawful residents or not, of this Nation, who may be, or come, into possession of any farm, residence, or improvement in this Nation, either without contract with a citizen, or by and through a contract made to hold the same for a limited time. (December 4, 1877.)

SEC. 1. Every person who shall, by force of arms, attempt to subvert the government of the Cherokee Nation, or who shall in like manner resist the enforcement of its laws; and every person who shall, contrary to the will and consent of the National Council, enter into a treaty with the government of the United States, or with any department or officer thereof, or with any State of the United States, or officer thereof, and agree to cede, sell, exchange, or dispose of, in any manner,

the lands belonging to the Cherokees, or any part or portion thereof, shall be deemed guilty of treason, and, on conviction thereof, suffer death by hanging.

SEC. 2. Every person who shall, without the authority of the National Council, enter into and make a treaty with the government of the United States, or with any department or officer thereof, or with any State of the United States, or officer thereof, for any purpose, other than the cession of lands, shall be deemed guilty of treason, and, on conviction thereof, be punished by imprisonment for not less than ten years.

SEC. 3. Every person who shall conspire to subvert the government of this Nation, or shall combine to resist the enforcement of the laws thereof, shall be deemed guilty of a felony, and, upon conviction, suffer imprisonment not less than one year, nor exceeding ten

years.

SEC. 4. No treaty shall be binding upon the Cherokee Nation, which shall not be ratified by the National Council, and approved by the Principal Chief.

ARTICLE II.

MURDER AND MANSLAUGHTER.

SEC. 5. Every killing of a human being without the authority of law, by shooting, stabbing, poisoning, or by other means, or in any other manner, is either murder, or manslaughter in the first or second degree, or excusable or justifiable homicide, according to the intention of the person perpetrating the same, and the facts and circumstances connected with each case.

SEC. 6. Such killing, when done with malice aforethought, or from premeditated design to effect the death of any person, though some other than the one intended should be killed; or when perpetrated by any act not in self-defense, imminently dangerous to others, and evincing a reckless or depraved mind, regardless of human life, although without any previous design to effect the death of any particular individual; or when done by any person engaged in a duel; or when done. in the perpetration of the crime of rape, arson, burglary or robbery, shall be murder, and every person convicted thereof shall suffer death by hanging.

SEC. 7. Every killing of a human being, when done without design to effect death, by the act, procurement or culpable negligence of any person, while such person is engaged in the perpetration of any crime, other than rape, arson, burglary or robbery, shall be manslaughter in the first degree, and every person convicted thereof, shall be imprisoned for a term of not less than "two years, nor exceeding ten years," (Nov. 26th, 1876.) at the discretion of the court.

SEC. 8. Every person, who shall deliberately assist another in the commission of self-murder; or who shall willfully kill any unborn child, by the infliction of an injury, by violence or otherwise, which would be murder, manslaughter or suicide, if it resulted in the death of the mother, shall be deemed guilty of manslaughter in the first degree, and, upon conviction thereof, be imprisoned, not less than "two, nor exceeding ten years." (Nov. 26th, 1876.)