Title IND, Indian

§ 42. Time and place of annual election. There shall be a biennial election in the Seneca nation on the first Tuesday of November in each even numbered year. The voters residing on the Allegany reservation shall on each election day assemble at the council-house near Coldspring,…

§ 43. Qualifications of voters and eligibility to office. Every male Seneca Indian of full age residing on the Allegany, Cattaraugus or Tonawanda reservations, whose name shall appear on the last preceding census taken for the purpose of distributing the annuities due to the sai…

§ 44. The treasurer. Within thirty days after his election and before performing any of the duties or exercising any of the powers of his office, the treasurer of each nation shall give a bond to such nation, with such sureties and in such amount as the state comptroller shall a…

§ 45. The clerk. The clerk of each nation shall act as clerk at every annual or special meeting thereof, and in the meetings of the council of the nation. He shall have the custody of all the books, papers and records belonging to such nation. The council of each nation shall fu…

§ 46. Peacemakers' courts. The peacemakers for each of the three reservations, the Allegany, the Cattaraugus and the Tonawanda reservations, shall respectively constitute the peacemakers' courts thereof, and the eldest peacemaker of each of such courts shall be the presiding off…

§ 47. Record of peacemakers. The peacemakers of each reservation shall be furnished by the council of the nation, with a record book, in which they shall cause an entry to be made by the clerk, of all matters heard and determined by them. Each such entry shall state the names of…

§ 48. Costs and fees. The fees of surrogates, peacemakers and marshals shall be fixed and determined by the council. In every controversy before the peacemakers they shall award the costs to be paid by the party against whom their determination shall be made; the costs allowed s…

§ 49. Incompetency of peacemakers. A peacemaker shall not act in any case where he shall be related to either of the parties within the fourth degree by the common law, or has any interest in the action or proceeding. If two members of a peacemakers' court shall be incompetent t…

§ 5. Actions in state courts. Any action or special proceeding between Indians or between one or more Indians and any other person or persons may be prosecuted and enforced in any court of the state to the same extent as provided by law for other actions and special proceedings.…

§ 5-a. Surrender of tribal records. 1. At the end of the term of office of each officer, trustee, chief or headman of any nation, tribe or band of Indians, all books, records and papers of such body entrusted to or in the custody of such officer, trustee, chief or headman shall …

§ 50. Appeals to council of Seneca nation. Within twenty days after the decision of a peacemakers' court of the Seneca nation, an appeal may be taken to the council of such nation, by serving upon the adverse party and upon the peacemakers before whom the action or proceeding wa…

§ 51. Appeals from peacemakers' court of Tonawanda nation. An appeal may be taken from the decision of a peacemakers' court of the Tonawanda nation, or of a tribunal of such nation consisting of a peacemaker and one or more associate chiefs, to a court consisting of six chiefs o…

§ 52. Enforcement of judgments. If any party shall fail to comply with, or fulfil the directions or finding of the peacemakers in any matter heard or determined by them in pursuance of law, within the time fixed by such determination, the party in whose favor such determination …

§ 53. The marshal. The marshal shall execute all orders, summons and process issued or given to him by the peacemakers or any tribunal created according to the provisions of this chapter, and shall be entitled to receive for his services the same fees as are allowed by law to co…

§ 54. Prosecution of actions and disposition of recovery. The Seneca nation may prosecute by the name of "The Seneca Nation of Indians," actions and proceedings to protect their rights and interests to the Allegany, Cattaraugus and "oil spring reservations," and may maintain an …

§ 55. Allotment of lands. All lands on either the Allegany, Cattaraugus or Tonawanda reservations, except such as have been allotted by the national council, or lands on the Allegany and Cattaraugus reservations, appropriated, cultivated and improved by an Indian or Indian famil…

§ 56. Trees and timber on reservations. Except as provided by this section, no person shall cut, remove, cause to be removed or assist in removing from the Allegany, Cattaraugus or Tonawanda reservations any wood, trees or timber thereon, nor shall any Indian sell or dispose of …

§ 57. Offering or giving bribes prohibited. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish, or agree to furnish, in whole or in part, to the president or to any councilor, peacemaker, or other offi…

§ 58. Acceptance of bribes prohibited. Every officer enumerated in the last section, who shall accept any such gift, thing of value or any promise to make the same, under any agreement that his vote, opinion, judgment or action, shall be influenced thereby, or shall be given in …

§ 59. Conveying bribes prohibited. Every person who shall knowingly bear or convey any such gift, gratuity or proposal, or shall in any manner negotiate between any other persons for any act in violation of the provisions of the two preceding sections shall, upon conviction, be …

§ 6. Exemption of reservation lands from taxation. No taxes shall be assessed, for any purpose whatever, upon any Indian reservation in this state, so long as the land of such reservation shall remain the property of the nation, tribe or band occupying the same.

§ 60. Offenders competent witnesses; witnesses' immunity. 1. Every person offending against any of the provisions of the three preceding sections shall be a competent witness against any other person so offending, and may be compelled to appear and give evidence before any magis…

§ 7. Partition of tribal lands. Any nation, tribe or band of Indians which owns and occupies land in this state as the common property of such nation, tribe or band may, by the act of its Indian government, divide such lands into lots, and distribute and partition the same, quan…

§ 7-a. Purchase of lands of Indians. No purchase or contract for the sale of lands of Indians in this state, shall be valid unless made under the authority, and with the consent of the legislature.

§ 70. Confirmation of nationality. The Seneca Indians residing on the Allegany and Cattaraugus reservations shall, subject to the limitations provided by law, hold and possess such reservations as a distinct community.

§ 71. Exclusion of villages from reservations; lease of lands therein; certification of copies of leases granted by the Seneca nation of Indians and recording thereof. Those parts of the Allegany reservation included in the villages of Vandalia, Carrollton, Great Valley, Salaman…

§ 72. The president. The president of the Seneca nation shall preside over the deliberations of the council and shall have only a casting vote therein. He shall from time to time give to the council information of the state of the nation, and recommend such measures as he shall …

§ 73. General powers and duties of the council. The council of the Seneca nation shall meet annually on the first Tuesday of December, and in extra session whenever called by the president. Ten of the councilors shall be necessary to constitute a quorum for the transaction of bu…

§ 75. Vacancies in elective offices. If a vacancy occur in the office of the president of the Seneca nation, such office shall be filled by the council by a majority vote thereof, and a meeting of the council for that purpose shall be called by the clerk of the nation upon a wri…

§ 77. Police officers at annual fair. The board of commissioners of the Niagara frontier police district may, upon the written request of at least five of the councilors of the Seneca nation, detail two or more police officers of such district to attend and preserve peace and go…

§ 78. Leases and rights of way. 1. The Seneca nation of Indians, acting by and through the Seneca council, is authorized to lease, or grant rights of way over, tribal lands, including the tribal interest in lands possessed by individual Indians, within the Allegany, Cattaraugus …

§ 79. Law enforcement agreements. 1. Notwithstanding any other provision of law, at the request of the Seneca nation, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca, may enter in…

§ 8. Intrusion on tribal lands. 1. a. Except as otherwise provided by law, no person shall enter, remain, settle or reside, conduct a business, operate a junkyard, or establish or contribute to an automobile graveyard or dump of any kind, upon any lands owned or occupied by any …

§ 80. General powers and duties of council. The council of the Tonawanda nation may determine upon the laying out and working of roads and highways, and may make by-laws for the regulation of such work; may pass by-laws and ordinances, not inconsistent with law, for the protecti…

§ 81. Attorney. 1. The state department of social services shall appoint, with the advice and consent of the Tonawanda nation of Indians, an attorney and counsellor of the supreme court for at least three years to be the attorney for the Tonawanda nation of Indians, who shall be…

§ 82. Vacancies in elective offices. If a vacancy shall occur in any office of the Tonawanda nation, any chief of such nation may call a special meeting of the chiefs thereof residing on such reservation, to be held at one of their council houses, by a notice specifying the time…

§ 83. Leases for agricultural purposes. 1. Any Indian who is a member of the Tonawanda nation and who resided on the Tonawanda reservation may, with the approval of the council of the nation, lease land allotted to him to any person for agricultural purposes; the term of any suc…

§ 84. Leases for the extraction of minerals, oil or natural gas. The council of the Tonawanda nation, with the approval of the attorney for the nation, may by lease give the right to explore land located upon the Tonawanda reservation and extract minerals, oil or natural gas the…

§ 86. Payment of annuity. The proportionate share of such nation to the annuity of five hundred dollars, agreed to be paid by the state of New York under a treaty dated September twelfth, eighteen hundred and fifteen, shall be paid by the state to the treasurer of the Tonawanda …

§ 87. Indian trespasses on common land. If any Indian of the Tonawanda nation shall occupy any of the common lands of his nation without having obtained from the council an allotment thereof, as required by law, the council shall cause a notice to be served upon such Indian, sig…

§ 88. Encroachment by Indians on occupied lands. Whenever complaint shall be made to the peacemakers of the Tonawanda reservation, by any Indians lawfully residing upon any cultivated lands of such reservation which shall have been entered and described in the clerk's books of r…

§ 89. Court of impeachment. The court of impeachment, as provided by the constitution of the Seneca nation, shall be called together by the clerk of the nation, upon a written petition, presented to him, signed by at least twenty electors of said nation.

§ 9. Residence of other Indians on tribal lands. The chiefs, head men or councilors of any nation, tribe or band of Indians other than the Seneca nation, in council assembled, may, by a majority vote, grant a written permit to any Indian not a member of such nation, tribe or ban…

§ 90. Poles and wires on reservation. Any company may erect poles and wires, and other necessary fixtures thereto, across the lands of the Seneca Indians on the Tonawanda reservation, provided the company shall pay to the Indians to whom allotments have been made, and on whose p…

§ 95. Allotment of lands. The chiefs or head men of the Tuscarora nation of Indians in the county of Niagara, 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 reasona…

§ 96. Consent of chiefs to sales of timber. Any Indian having tribal lands allotted to him by the chiefs, with the consent of such chiefs 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 go…

§ 97. 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, i…

§ 98. Illegal sales of timber and trees. Every sale or disposition without the consent of such chiefs, by any 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 th…