« PreviousContinue »
ration. The oldest peace-maker present at any business meeting of the peace-makers sball be the presiding officer of such meeting.
$ 8. No peace-maker sball act in any case in which he is When related by blood to either of the parties within the fourth not to act. degree by the common law, or have any interest in the controversy, and when such relationship or interest in any two peace-makers is established to the satisfaction of the other, he shall associate with him any two chiefs residing on the reservation, not related to the parties as hereinbefore mentioned, and not having any interest in the controversy, for the bearing and determination of the suit, and such peacemakers and the chiefs so appointed, or the majority of them, shall have all the powers and authority herein conferred upon the peace-makers in relation to such suits.
. S 9. Any party dissatisfied with the determination of any Appeale tribunal so constituted, or of the peace-makers in any suit, maker. may appeal therefrom to a jury of six chiefs, to be selected as follows: Upon giving security to be approved by the peaceinakers to pay the amount that sball be awarded by such jury, the tribunal whose decision is appealed from shall direct the marshal to summon twelve chiefs, to be designated by such tribunal, to appear at a time and place to be specified, not more than ten days thereafter, to determine such appeal; on the appearance of the chiefs so summoned, six of their pumber shall be drawn by lot to hear such appeal ; if it be established to the satisfaction of the tribunal which summoned the said chiefs, that any of them are related to either of the parties as hereinbefore named, or are interested in the controversy, they shall be set aside and other chiefs shall be drawn instead of them. The jury thus constituted shall hear the appeal, examine the witnesses and parties on oath, if required in the same cases and in like manner and upon the like evidence as in the case of a determination by the peacemakers. The chiefs hearing such appeal shall each be entitled to receive twenty-five cents for their services, to be paid in the first instance by the party appealing; in their final determination they shall direct which party shall pay the costs and expenses of the suit and of the appeal.
S 10. The peace-makers shall not receive any fees for their perc services to their own use, but all such fees shall be paid to muitoes the treasurer of the said band for its use; and in every controversy before them, the costs shall be paid by the party against whom the determination shall be made, which costs shall consist of the fees of the marshal as herein provided and fifty cents each for the attendance of the peace-makers at the bearing of the parties, and if the same shall be adjourned, twenty-five cents each for each adjournment; the costs allowed shall be ascertained and specified by them in their determination.
twenty-five e such appealation by the
Duty of marshal.
courts of state.
Names of chiefs to be recorded.
S 11. There shall be allowed to each of the peace-makers by the chiefs in council, an annual compensation, not exceeding fifty dollars in any one year, to be paid semi-annually by the treasurer.
$ 12. The marshal shall execute all orders, summons and process issued or given to him by the peace-makers, or by any tribunal created according to the provisions of this act, and shall be entitled to receive for his services the same fees as are allowed by law to constables in courts held by justices of the peace.
S 13. For any demand or right of action which any Indian may sue in of said band may bave against any other Indian, and wbich,
according to the provisions of this act, exceeds the amount which may be awarded by the peace-makers, actions may be maintained and prosecuted in the courts of this state, in the same manner and with the like effect as between white citizens.
S 14. The names of the chiefs of said band shall be entered by the clerk in the book of records, and if the fact of their being chiefs shall be disputed by any other chief, such fact shall be determined by the chiefs in council; but this provision shall not be construed to authorize them to depose any such chief, or to determine upon the propriety or expediency of entering his name, except upon the determination of fourfifths of all the chiefs of said band.
S 15. Any willful false swearing, by any person to whom any oath may be administered, according to the provisions of this act, shall be deemed perjury, and punished as such in the manner provided in the laws of this state; and any person who shall unlawfully and corruptly procure such false swearing, shall be deemed guilty of subornation of perjury, and
sball be punished as provided by the laws of this state. Certains S 16. The lands within the said reservation, not already in common. cultivated and improved or inclosed by fences by individual
Indians, shall be deemed to be beld in common by the said Tonawanda band of Seneca Indians, and they shall be subject to the control of the chiefs of said band. No laud within the said reservation not already cultivated and improved or under fence, shall hereafter be appropriated by any Indian to his own use, without the consent of the chiefs in council; wbose duty however it shall be on application, to allot and set apart for any Indian or any Indian family, so much wild land as the chief shall deem reasonable and an equitable proportion in reference to the whole number not possessing lands. The description of such lands shall be submitted by the respective claimants to the chiefs in council assembled, and shall be approved by the council before they shall be recorded.
§ 17. Lands on the said reservation which are appropriated by any Indians or family to their own use, and cultivated or improved by them, shall within two years after this act takes
The hands as provided of suborg
wbospart for chief shall the wholshall be
Certaln lands to be described and recorded.
effect, bé described by the person or persons claiming the same, with convenient certainty, and be entered in the book of records kept by the clerk of the said Indians, and if not so entered the claimant thereof 'shall not be entitled to maintain any suit under the provisions of this act for encroaching or trespassing thereon.
3 18. Any Indian residing on the said reservation, having Indians in land allotted to him by the chiefs or entered as herein pro- cases may vided, may sell, for his own benefit, any timber, or trees, or etc. in stone, or plaster, on that portion of such land wbich he sball actually and in good faith clear for the purpose of cultivation. But do wbite person shall, under the pretense of being hired by any Indian, or any other pretense, be employed in removing any timber, or wood, or stone, or plaster from said reservation, or cutting down any trees, or quarrying for that purpose.
$ 19. Any Indian residing on the said reservation may, May make without the aid or assistance of any white person, manufac- and staves, ture shingles or staves from any timber or any trees growing ber, etc. upon any wild land therein, not allotted to or entered by any other Indian, or being or growing upon any land allotted to or entered by him, and may sell or dispose of the same for his own benefit. But no white person shall, under the pretense of being hired by any Indian, or any other pretense, be employed in any such manufacture, or in removing any timber, or cutting down any trees for that purpose. But before any Indian shall cut or remove any wood, trees or timber from any wild land not allotted to him, he shall obtain a permit therefor from a council of chiefs, duly assembled, which shall be signed by the presiding officer and clerk of such council.
S 20. No timber being on any part of said reservation, no When timtrees growing thereon, nor any manufacture thereof, shall be not to be sold or disposed of by any individual Indian or Indians, except as herein before provided ; and every such sale or disposition shall be absolutely void. And any Indian or Indians who shall sell or dispose of any timber being on any part of said reservation, any trees growing thereon, or any manufacture thereof, except as hereinbefore provided, shall be subject to a penalty of twice the amount of the value of such timber, trees, or article manufactured from them, which penalty may be sued for and recovered from said Indian or Indians, in any court of this state, in the name of the people of the State of New York, and for the benefit of the Tonawanda band of Sepeca Indians, and collection of any judgment or judgments so recovered for such penalties shall be enforced in the same manner that the collection of judgments for penalties are enforced against white persons under the existing laws of this state.
$ 21. The proper action for the benefit of the Tonawanda When band of Seneca Indians may be prosecuted and maintained may be reby the attorney for the said Indians for any timber or trees,
ber or trees
District attorney of Genesee attorney for Indians, and
or the manufacture thereof, sold, taken or carried from the said reservation, in any other case than as herein provided and allowed, and shall recover in such action double the value of the timber, trees, or article manufactured from them, so sold, taken or carried from the said reservation,
$ 22. The district attorney for the county of Genesee shall
be the attorney for the Tonawanda band of Seneca Indians. Indians, and He shall, from time to time, advise the said Indians respecting
controversies between themselves, and between them, or any of tbem, and any other person ; he sball prosecute and maintain all such actions, suits, and proceedings for them, or any of them, as he may find necessary and proper; and it sball be his duty, on the written complaint of a majority of the cbiefs of said band, when any trespass has been committed on the lands of said reservation, or any timber, wood, or logs bave been cut or carried away, or converted by any person, not Indian, to his own use, immediately to commence the proper suits for the recovery of such property, or of damages for any such injury. He shall, at all times when requested by them, or by any chief, advise them in relation to their affairs. All suits commenced and prosecuted under the provisions of this act shall be in the name of the people of the State of New York, and for the benefit of said Topawanda band of Seneca Indians, and in case it shall be necessary to execute any bonds for the prosecution or maintenance of any suit or proceedings in behalf of the said Indians, or any of them, the said attorney may execute the same in the name and behalf of the said Tonawanda band of Sepeca Indians, who shall be bound thereby as any citizen may be bound by his lawful agent and attorney, in fact, and all sums recovered in any action brought by the said attorney, after deducting such costs and expenses as shall be certified to by the judge before whom the case was tried and judgment rendered, shall be paid over to the treasurer of the said Topawanda band of Seneca Indians, if there be one, and if there be none, then to such person as shall be appointed to receive the same by a majority of the chiefs of said band in council assembled, such appointment to be certified to by the presiding officer and clerk of said council. In every suit or proceeding authorized by this act any individual Indian of said band may, if otherwise competent, be received and examined as a witness on behalf of the said Tonawanda band of Seneca Indians, notwithstanding his being a member
of said baud. Laying out $ 23. The chiefs of said band of Indians in council assem
bled may determine on the laying out of roads and highways, and working the same; and may make by-laws to regulate such work, and also for regulating, protecting and improving their common lands, and for regulating fences, and preventing trespasses by cattle or otherwise, and may provide a penalty, not exceeding five dollars, for violating or disobeying any
" or pos
right to subo lease
such regulation or by-law, which penalty may be enforced and collected by action in the name of said band in any justice's court in the county of Genesee, for the benefit of said band, and any cbief or other officer of said band may appear and answer to and conduct the trial of any such action for said band.
$ 24. No person or persons other than Indians shall have right me the right to occupy or cultivate any lands within said reser- lands rega vation on shares, or under any lease thereof or other contract, except it shall be pursuant to and in accordance with the following regulations and restriction : Any Indian residing on said Tonawauda reservation, and a member of said Tonawanda band of Seneca Indians, owning or possessed of improved lands thereon, may lease said lands on shares to 'any white man, but no lease of such land shall be valid, or give any right to such wbite person or persons to any portion of the crops or produce raised upon such lands, unless the contract for the leasing of such lands be in writing and approved in writing by the attorney of the said Tonawanda band of Seneca Indians, duly indorsed on said contract, nor unless such Indian shall have first obtained a permit therefor from a council and chiefs duly assembled, which shall be signed by the presiding officer and clerk of such council; and no permit shall be granted by such council unless the Indian applying therefor shall show, to the satisfaction of said council, how much land he or she proposes to lease, that it is within the bounds of his or her occupied improvements, that the same is inclosed by a lawful fence, that he or sbe has cultivated, or is in the act of cultivating, as much of his or her improvement as their ability will allow, and that the permit asked for only covers the leasing of such part of his or her improvements as he or she has not the ability or means to cultivate. Any lease or contract made in contravention or violation of the provisions of this section shall be absolutely void, and the amount of all rents, or crops, or produce raised thereunder shall be forfeited, and shall belong to said band. And the attorney for said Indians shall be authorized to prosecute for the value of all rent or crops raised upon any of the lands of said reservation under any such void lease or contract for the benefit of the Tonawapda band of Seneca Indians, and to recover the amount thereof from any person or persons violating the provisions of this section.
S 25. It shall be unlawful for any Indians other than mem- When other bers of the Tonawanda band of Seneca Indians, to settle or may replde reside upon the lands within the said Tonawanda Indian reservation. reservation, unless such Indian or Indians shall first obtain a permit from the chiefs of the said Tonawanda band, which permit shall only be granted by said chiefs in council assembled, by a majority vote, and shall be in writing, sigued by the presiding officer and the clerk of such conncil, by direction of
all Ed by such clerk bled, wi permit fact, nor
and tbf his or cultiva
on lands of