he shall actually and in good faith clear for the purpose of cultivation. 92. Indian trespassers.-Any Indian who shall cut or destroy timber or trees on any of the timbered lands of such nation, or without the consent of such chiefs, shall be liable to a penalty of twice the value of the timber so cut down or destroyed, recoverable by such chiefs, in the name of the nation. § 93. Illegal sales of timber and trees.-Every sale or disposi tion without the consent of such chiefs, by an individual Indian or Indians, of any tree or timber on any of the tribal lands, or of any manufacture therefrom, shall be void. The chiefs may sell for the benefit of the nation any timber or trees on the wild lands of such nation, the proceeds of such sale to be paid to the chief whom the council shall appoint as treasurer. Such chiefs may bring an action against the person to whom such trees or timber are sold to recover the purchase price thereof, or against any person who shall have received any tree, timber, or the manufacture therefrom, unlawfully sold to recover the value thereof for the benefit of the nation. Any person who shall sell, take or carry from the land of such nation any trees, lumber, or articles manufactured 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, or manufactured articles, recoverable by such chiefs. 894. Highway labor.-Such chiefs, in council, may annually, before the first day of July, assess such amount of highway labor as they shall deem just and reasonable, not exceeding fifteen days in any one year, upon each male Indian of full age. The number of days work and the name of the individual assessed shall be entered upon the roll made and signed by such chiefs or by the president of the council, under their direction. Such chiefs may also designate suitable persons to superintend the highway labor, and the plan and manner of its application. The persons so designated shall give notice to those assessed to perform such labor, and at least twenty-four hours notice of the time of performance. If any person so assessed, after being notified, shall neglect or refuse to perform such labor, he shall be liable to a penalty of seventy-five cents for each day's labor assessed, to be recovered by an action in the name of the nation, in which action the assessment-roll shall be conclusive evidence of the regularity of the assessment. For the purpose of such action, such Indian shall be regarded as an inhabitant of the town of Lewiston, Niagara county, and the proceedings shall be the same as between citizens. Any paper may be served upon such nation as a party by delivering it to any two chiefs personally. 103. Consent of chiefs to sale of timber. 104. Indian trespassers. 105. Illegal sales of timber, trees and stone. 106. Jurisdiction of council to determine disputes. 107. General powers of council. 108. Qualifications of voters. 109. Officers of tribes. 109a. Election of officers. 109b. Conduct of elections. 109d. Vacancies. § 100. Appointment of attorney.-There shall continue to be an attorney of the Saint Regis Indians, who shall hold office for the term of three years and shall receive an annual salary of one hundred and fifty dollars, payable by the state. The attorney in office at the time this chapter takes effect shall hold office until the expiration of the term for which he was appointed Upon the expiration of such term the governor shall appoint a successor to such attorney. Such attorney shall execute a bond in the sum of four thousand dollars. (As amended by chap. 220 of 1893, § 3.) § 101. Powers and duties of attorney.-The attorney of the Saint Regis Indians: 1. Shall receive from the comptroller the annuities due from the state to the Saint Regis tribe of Indians; 2. Shall receive all other moneys belonging to the tribe; 3. Shall collect all moneys due on any of the tribal lands of the Saint Regis reservation, which are leased or otherwise dis posed of by such tribe for its benefit; 4. Shall pay over to the heads of families of such tribe their equal shares of such annuities and other moneys received by him, belonging to such tribe; 5. May bring actions in the name of the people of the state for the recovery of any moneys due to such Indians for the lease of their lands; or, upon security for the payment of costs being given to his satisfaction, may bring an action for the recovery of the possession of such lands, the leases of which have expired, or for any trespass committed on lands possessed by any of such Indians; the damages recovered in such suits after deducting expenses to be paid to the persons entitled thereto; 6. Shall annually report to the comptroller on or before the first day of December, of all his proceedings under this section. (As amended by chap. 229 of 1893, § 3.) 102. Allotment of lands.-The chiefs or headmen of the Saint Regis nation of Indians in the county of Franklin, in council, shall allot and set apart for any Indian or Indian family making application, and not possessing land so much of the tribal lands as they shall deem reasonable and just, and no tribal lands shall be appropriated by any Indian to his own use, without such consent and allotment. The clerk shall enter in a book, kept for that purpose, every allotment of tribal lands, set apart for any Indian or Indian family, and the part thereof from which such Indian or family may sell timber or trees or of the part he is permitted to clear for the purposes of cultivation. (Added by chap. 229 of 1893, § 3, and amended by chap. 642 of 1898, § 1.) 103. Consent of chiefs to sales of timber.-Any Indian having tribal lands allotted to him by the chiefs, if the consent of such chiefs is entered in the clerk's book may sell for his own benefit any timber or trees on that portion of such lands which he shall actually and in good faith clear for the purposes of cultivation. (Added by chap. 229 of 1893, § 3.) § 104. Indian trespassers.-Any Indian who shall cut or destroy timber or trees on any of the timbered lands of such nation, or without the consent of such chiefs, shall be liable to a penalty of twice the value of the timber so cut down or destroyed recoverable by such chiefs in the name of the nation. (Added by chap. 229 of 1893, § 3.) § 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 nation any timber, trees or stone on the wild lands of such nation, the proceeds of such sale to be paid to the chief whom the council may appoint as treasurer. Such chiefs may bring an action in the name of the nation against the person to whom such trees, timber or stone are sold to recover the purchase price thereof, or against any per. son 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 nation. Any person who shall sell, take or carry from the lands of such nation, 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 chapter, 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 nation. The chiefs of such tribe, upon giv ing satisfactory security for costs, may sue in the name of the nation for the recovery of any penalty incurred under this section, and after paying the legal charges of such suit, shall pay over any penalty recovered by them to the treasurer of the tribe. (Added by chap. 229 of 1893, § 3.) § 106. Jurisdiction of council to determine disputes.-The chiefs of such tribe in council assembled may hear and determine charges of encroachments or trespass on lands cultivated or occupied by any Indian, entered or described in the clerk's book of records; and controversies involving the title to property between individual Indians residing on such reservation. A chief shall not act in any such case where he is related by blood to either of the parties within the fourth degree by the common law, or has any interest in the action or proceeding. (Added by chap. 229 of 1893, § 3.) § 107. General powers of council. The council of the Saint Regis nation may pass by-laws and ordinances not inconsistent with law, for the protection and improvement of the common land of the nation, for the regulation of fences and for the prevention of trespasses by cattle and other domestic animals, and may provide a penalty of not exceeding five dollars for the violation or disobedience of any such by-law or ordinance recoverable for the benefit of such nation, by any chief or officer thereof in the name of the nation in any justice's court of the county of Franklin. (Added by chap. 229 of 1893, § 3.) 108. Qualifications of voters. All male Indians of the Saint Regis tribe, who are twenty-one years of age or upwards, who reside on the American side of the line dividing the United States from Canada, and who are entitled to draw the yearly annuity money, shall be entitled to vote for the chiefs or headmen, the subchiefs and clerk of the tribe at the elections of such tribe provided for by this article. (Added by chap. 642 of 1898, 8 2.) § 109. Officers of tribes.-The chiefs or headmen, the subchiefs and clerk of the Saint Regis tribe in office when this section takes effect shall continue in office until twelve o'clock noon on the first day of July, eighteen hundred and ninetyeight. Hereafter the chiefs or headmen, the subchiefs and clerk shall be elected in the manner provided for by this article, and shall have all the powers conferred by this chapter upon such officers. A subchief shall have all the power and shall perform all the duties of the chief to whom he is elected as a subchief, in case of such chief's inability to act for any reason whatsoever. (Added by chap. 642 of 1898, § 2.) § 109a. Election of officers.-There shall be an election of the Saint Regis tribe of Indians on the first Monday after the first Tuesday in June, eighteen hundred and ninety-eight, and annually on the first Monday after the first Tuesday in June thereafter. At the election held on the first Monday after the first Tuesday in June, eighteen hundred and ninety-eight, there shall be elected by a plurality of votes of the qualified voters of the tribe a chief and a subchief thereto to hold office for a term of three years; a chief and subchief thereto, to hold office for a term of two years; a chief and subchief thereto, to hold office for a term of one year, and a clerk to hold office for a term of three years, and annually thereafter there shall be elected a chief and a subchief thereto to hold office for a term of three years. A successor to such clerk shall be elected at the annual election occurring next prior to the expiration of his term of office. The terms of office of all officers of the Saint Regis tribe shall commence at twelve o'clock noon on the first day of July succeeding the election at which they are elected. (Added by chap. 642 of 1898, 2.) 109b. Conduct of elections.-The clerk of the tribe shall provide a sufficient number of ballot-boxes so that there shall be a separate ballot-box for each officer to be elected, the |