Title IND, Indian

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

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

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

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

§ 46. Peacemakers' courts. The peacemakers for each of the three\nreservations, the Allegany, the Cattaraugus and the Tonawanda\nreservations, shall respectively constitute the peacemakers' courts\nthereof, and the eldest peacemaker of each of such courts shall be the\npresiding…

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

§ 48. Costs and fees. The fees of surrogates, peacemakers and\nmarshals shall be fixed and determined by the council. In every\ncontroversy before the peacemakers they shall award the costs to be paid\nby the party against whom their determination shall be made; the costs\nallow…

§ 49. Incompetency of peacemakers. A peacemaker shall not act in any\ncase where he shall be related to either of the parties within the\nfourth degree by the common law, or has any interest in the action or\nproceeding. If two members of a peacemakers' court shall be incompeten…

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

§ 5-a. Surrender of tribal records. 1. At the end of the term of\noffice of each officer, trustee, chief or headman of any nation, tribe\nor band of Indians, all books, records and papers of such body entrusted\nto or in the custody of such officer, trustee, chief or headman sha…

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

§ 51. Appeals from peacemakers' court of Tonawanda nation. An appeal\nmay be taken from the decision of a peacemakers' court of the Tonawanda\nnation, or of a tribunal of such nation consisting of a peacemaker and\none or more associate chiefs, to a court consisting of six chief…

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

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

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

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

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

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

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

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

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

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

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

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

§ 70. Confirmation of nationality. The Seneca Indians residing on the\nAllegany and Cattaraugus reservations shall, subject to the limitations\nprovided by law, hold and possess such reservations as a distinct\ncommunity.\n

§ 71. Exclusion of villages from reservations; lease of lands therein;\ncertification of copies of leases granted by the Seneca nation of\nIndians and recording thereof. Those parts of the Allegany reservation\nincluded in the villages of Vandalia, Carrollton, Great Valley,\nSal…

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

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

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

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

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

§ 79. Law enforcement agreements. 1. Notwithstanding any other\nprovision of law, at the request of the Seneca nation, the\nsuperintendent of state police, a sheriff of a county that includes\nlands of the Seneca nation, or the chief of police of the city of\nSalamanca, may ente…

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

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

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

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

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

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

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

§ 87. Indian trespasses on common land. If any Indian of the\nTonawanda nation shall occupy any of the common lands of his nation\nwithout having obtained from the council an allotment thereof, as\nrequired by law, the council shall cause a notice to be served upon such\nIndian,…

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

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

§ 9. Residence of other Indians on tribal lands. The chiefs, head men\nor councilors of any nation, tribe or band of Indians other than the\nSeneca nation, in council assembled, may, by a majority vote, grant a\nwritten permit to any Indian not a member of such nation, tribe or …

§ 90. Poles and wires on reservation. Any company may erect poles and\nwires, and other necessary fixtures thereto, across the lands of the\nSeneca Indians on the Tonawanda reservation, provided the company shall\npay to the Indians to whom allotments have been made, and on whos…

§ 95. Allotment of lands. The chiefs or head men of the Tuscarora\nnation of Indians in the county of Niagara, in council, shall allot and\nset apart for any Indian or Indian family, making application and not\npossessing land, so much of the tribal lands as they shall deem\nrea…

§ 96. Consent of chiefs to sales of timber. Any Indian having tribal\nlands allotted to him by the chiefs, with the consent of such chiefs\nentered in the clerk's book, may sell for his own benefit any timber or\ntrees on that portion of such lands which he shall actually and in…

§ 97. Indian trespassers. Any Indian who shall cut or destroy timber\nor trees on any of the timbered lands of such nation, or without the\nconsent of such chiefs, shall be liable to a penalty of twice the value\nof the timber so cut down or destroyed, recoverable by such chiefs…

§ 98. Illegal sales of timber and trees. Every sale or disposition\nwithout the consent of such chiefs, by any individual Indian or Indians,\nof any tree or timber on any of the tribal lands, or of any manufacture\ntherefrom, shall be void. The chiefs may sell for the benefit of…