PART I Trespassers how re moved. Powers of commis Sioners of pointed chiefs, and shall erase the names of such as shall be dismissed, and in case of any dispute as to any person being a chief, the same shall be determined in the manner hereinbefore provided, and such entries shall be conclusive evidence of the fact of any Indian being a chief. See Laws of 1847, ch. 365. S8. A warrant to remove any trespassers or intruders upon any lands in the said reservations, and any warrant to commit any person for returning to any such lands after being removed, may be issued as now provided by law, by any circuit judge, or by any supreme court commissioner residing in any county adjoining the said reservation. CHAP. 309. AN ACT to provide for the opening and improving roads through the Onondaga Indian Reservation. PASSED May 14, 1845. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The commissioners of highways of the towns in the county of Onondaga, in which the Indian reservation lays, highways. shall have the same power and jurisdiction over the reservation in their respective towns, to improve highways already laid out as is conferred upon commissioners of highways generally, by part one, chapter sixteen, article four, of the Revised Statutes, except that all decisions of the commissioners shall be served in writing upon the agent of said Indians, and said commissioners shall allow the said agent sixty days to appeal, as provided in the second section of this act. Right of appeal. Onondaga $2. The Indians, through their agent, shall have the right of appeal from the decisions of said commissioners to the judges of the court of common pleas, who shall have full and entire jurisdiction over the whole subject, providing such appeal shall be made within sixty days from the service of notice of the decision of the commissioners upon their agent. CHAP. 114. AN ACT to provide for the education of the children of the Onondaga Indians in the county of Onondaga, and the children of the other Indians residing in this state. PASSED April 30, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows : $1. The agent of the Onondaga Indians in the county of Onondaga, appointed under the authority of this state, is hereby authorized, with the consent of the chiefs of the said tribe of Onondaga Indians, to cause to be built and furnished a good and sufficient school-house on the Onondaga reservation, at an expense not exceeding three hundred dollars, for the accommodation of the Indian children residing on such reservation; and to organize a school therein, and the sum of three hundred dollars is hereby appropriated for the payment of the expense of erecting and furnishing said schoolhouse. CH. XXVI. propria S2. The sum of two hundred and fifty dollars annually is Annnal aphereby appropriated for the term of five years, for the pay- tion. ment of the wages of a teacher or teachers, and of the other expenses of maintaining such school. [Sections 3 and 4 repealed by Laws of 1847, ch. 238.] appropria and second S5. The sums appropriated by the first and second sections Amounts of this act shall be paid from time to time to the said agent of ted by first the Onondaga Indians on his giving to the people of this state sections and filing with the state superintendent of common schools, how paid. a bond with satisfactory sureties, to be approved by such superintendent, conditioned for the proper and faithful expenditure of all moneys paid to him, or which shall come into his hands by virtue of this act, and for the rendering to such superintendent annually, in the month of October, a just and true account of all his receipts and expenditures under the provisions of this act. [Section 6 repealed by Laws of 1847, ch. 238.] Section 7 temporary.] to be made deposit S8. The sums hereby appropriated shall be paid out of the Paymente income of the United States deposit fund; and the last two from U. s. of the several annual payments herein provided for, shall not fund. be paid for the Indians residing on either of said reservations, unless the Indians on such reservation shall, before such payment in each year, pay into the hands of the persons authorised to receive and expend the moneys appropriated by this act, at least twenty per cent of the sum authorised to be paid annually for the maintenance of the school on such reservation; nor shall any of the said annual payments except the first, be made unless the state superintendent of common schools shall have satisfactory evidence that a school has been kept in said school house for the term of at least six months during the preceding year; such twenty per cent shall be expended by such commissioners for the support and maintenance of the school or schools on the reservation, occupied by the Indians paying the same. subject to $9. The schools organized and established by virtue of this Schools act, shall be subject to the visitation and inspection of the visitation. superintendent of common schools of the town and county where the same shall be situated. PART I Selling liquor prohibited. CHAP. 278. AN ACT in relation to the Indians residing on the Cattaraugus and Allegany reservations. PASSED May 13, 1846. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S1. Every person who shall sell or give to any Indian residing on the Cattaraugus or Allegany reservations, any spirituous liquor or any intoxicating drink, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not less than twenty-five dollars, and not more than fifty dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprison ment. To be paid posit fund. Saving clause. CHAP. 238. AN ACT making appropriations for building and furnishing school-houses, and providing for the education of the children of Indians, residing on the Cattaraugus and Allegany reservations. PASSED May 7, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sections 1 and 2 temporary.] 3. The sums appropriated by this act, and all appropriations made, or that hereafter may be made for the education of the children of Indians residing on the Cattaraugus and Allegany reservations, shall be paid out of the income of the United States deposite fund, to Chester Howe, or his successor, on his executing to the people of this state, and filing with the superintendent of common schools, a bond in the penalty of two thousand dollars, with such sureties as shall be approved by the said superintendent, condition for the faithful expenditure of, and accounting for all moneys which shall be received by him under this act; and he shall, annually, in the mouth of October, render an account to the comptroller, of all receipts and expenditures by him. S4. The appropriations made for the education of Indian children residing on said reservations, for eighteen hundred and forty-eight, and thereafter, shall not be expended by the said commissioner, until the chiefs of the Indians residing on the said reservations shall pay to the said commissioner, twenty per cent of the sums so appropriated, respectively, in each year, to be applied by him to the maintenance of the said schools; nor shall the sums so appropriated be paid to the said commissioner unless the superintendent of common schools shall have satisfactory evidence that schools have been kept on the said reservations, respectively, for at least six months during the preceding year. CH. XXVI. in case C. $5. In case the said Chester Howe shall decline to accept Provision the trust hereby conferred, or to execute the bond hereby Howe de required, or in case of his death, inability or resignation, the clines, &c. comptroller of this state may appoint some fit and proper person or persons to supply such vacancy, who, upon executing the bond herein required, shall be entitled to receive and expend the moneys hereby appropriated, and shall account for the same in the manner and upon the conditions herein provided. Schools $ 6. The schools established under this act, shall be subject whom to be to the visitation and inspection of the county and town visited. superintendents of common schools, of the county and town in which they shall be kept. $ 7. The third, fourth and sixth sections of the act, entitled Repeal. "An act to provide for the education of the children of the Onondaga Indians, in the county of Onondaga, and the children of the other Indians residing in this state," passed April 30, 1846, are hereby repealed. CHAP. 365. AN ACT to amend the act for the protection and improvement of the Seneca Indians residing on the Cattaraugus and Allegany reservations in this State. PASSED November 15, 1847; "three-fifths being present." The People of the State of New York, represented in Senate and Assembly, do enact as follows : ans to offi 1. The male Indians residing on the Cattaraugus and Al- Male Indilegany reservations, of the age of twenty-one years, whose meet annunames shall appear on the last preceding census, taken for the electo purpose of distributing the annuities due to the said Indians, cers. shall assemble at one of their council houses on the first Tuesday in January, in each year, at nine o'clock in the forenoon, and by plurality of votes elect the following officers: A clerk and a treasurer for the nation, three peace makers and one marshal for the Indians residing on the Cattaraugus reservation, and three peace makers and one marshal for the Indians residing on the Allegany reservation, all of whom shall be Indians of the said nation qualified to vote. makers to The peace makers last elected, who shall be present, shall Peace preside in such meeting, and see that the same is conducted preside at with order and regularity: if none of them be present, then election. such Indian qualified to vote, as shall be chosen for that pur PART L Qualifica tion of voters. Officers chosen by ballot. Tenure of office. Evidence of election. Treasurer to give security. pose by those present, shall preside: The clerk of the nation last before elected, shall be the clerk of the meeting, and shall keep faithful minutes of its proceedings and the result of all elections: if he be absent, or his office vacant, then such person as the electors present shall choose for that purpose, shall be clerk of the meeting. The elections shall be held at the council house in Cattaraugus, but a majority of the qualified voters assembled at any election, may direct that any future election be held at the council house in Allegauy, and the same shall be so held accordingly. $ 2. If any person offering to vote at such election shall be challenged as unqualified, the presiding officers shall determine by an inspection of the last preceding census, taken as aforesaid, upon his right to vote; and if he be challenged on the ground of not being twenty-one years of age, the said officers shall ascertain the fact by the oath of the person offering his vote, or of any other Indian, which oath they are authorized to administer. 3. The officers herein before named, shall be chosen by ballot, or by ayes and noes upon nomination by any elector, as the meeting may determine. $4. The officers thus elected shall hold their offices for one year, and until others are chosen in their places: If any vacancy shall happen during such year, the clerk of the nation shall within eight days thereafter, call a special meeting of the Indians qualified to vote as aforesaid, for the purpose of supplying the same, by posting in at least five of the most conspicuous places in the said nation, a notice, specifying the time of such meeting, which shall be within fifteen days and not less than ten days after the posting of such notice, at their council house: such meeting shall be held and conducted, and the same officers shall preside, and the clerk shall perform the same duties in relation thereto, as herein provided in respect to annual meetings. S5. The certificate of the election of any officer, signed by the persons presiding at any meeting, or by the major part of them, and by the clerk, shall be conclusive evidence of such election. $6. The treasurer shall, within thirty days after his election give security to said nation, by the name of the Seneca nation of Indians, in such sum and with such sureties as the attorney of the said nation shall approve, for the faithful performance of the duties of his office. For any breach of the condition of the said security, an action may be maintained in any court of this State, in the name and for the benefit of the said Indians by their attorney, in the manner provided by law for the breach of official bonds given by any county treasurer: until such security be given, he shall not be entitled to receive any funds or property of the nation; and if the same be not given within the time above provided, the office shall be deemed vacant: the treasurer shall receive all |