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premises offers to borrow the principal sum or sums that is or are paid by him or her for said premises, and if the said commissioners are satisfied that the security offered to be given by such purchasers for such loan conforms in all respects to the requirements of this act, such purchaser shall be preferred to any other borrower; and the said commissioners shall not be obliged, for the purposes of this section, to take notice of any assignee of the mortgagor unless such assignee serves a notice of his right in writing upon the said commissioners at or before the time of sale, which notice the commissioners shall enter upon the mortgage and in the minute thereof, whenever required by such assignee, such assignee paying twenty-five cents for such entry, and the assignees of the mortgagor shall be preferred according to the priority of their entries of such notice; and on such sale the said commissioners shall retain in their hands no more than the amount of the principal then due on the mortgage, together with the interest which may have accrued thereon, and the fees paid for searches and taking affidavits, and their compensation for serving said advertisments; and if any excess over and above the principal, interest and cost aforesaid shall have been paid to the said commissioners under the provisions of this section, the comptroller is hereby authorized and required to cause such excess to be refunded to the mortgagor, his or her heirs or assigns.
Ante, vol. 3, p. 88. S 9. All sales of lands mortgaged to the commissions for loaning certain moneys of the United States, in the several counties of this state, heretofore made and conducted in good faith by one of said commissioners, after the fee therein had become vested in the commissioners by virtue of section thirty of the act entitled "An act authorizing a loan of certain moneys belonging to the United States, deposited with the State of New York for safe keeping," passed April fourth, eighteen hundred and thirty-seven, and after notice of such sales had been given in all respects in conforunity to said act, and the acts amending the same, shall be deemed and held to be of the same effect and validity as if both of such commissioners had been present and participated in such sale or sales; provided, however, in all such cases that the purchaser or purchasers shall have paid the purchase money of said premises, and a deed therefor executed by both of said commissioners shall have been delivered to the purchaser or purchasers, providing that this section shall not affect any action now pending in the courts of this state.
S 10. Chapter fifteen of the Laws of eighteen hundred and forty-four is hereby repealed.
Ante, vol. 3, p. 110. $ 11. This act shall take effect on the first day of July, one thousand eight hundred and sixty-three.
Former soles by ono 00mmissioner, con tirmed.
weights and measures," passed April eleventh, one thou-
Passes April 7, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
$1. Section twenty-one of the act entitled "An act in County relation to weights and measures,” passed April eleventh, one when to act thousand eight hundred and fifty-one, is hereby amended by sealor. adding thereto the following words:
In case any town shall fail to procure or obtain the proper standards of weights and measures for said town, or in case there be no sealer of weights and measures in said town, then in such case it shall be the duty of the county sealer, in the county where such town is situated, to act in said town and perform the duties of a town sealer in such town, and shall be entitled to the fees as is allowed by section twenty-seven of said act.
Ante, vol. 3, p. 868.
Tonawanda band of Seneca Indians, residing on the
Passed April 7, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
3 1. The male Indians of and belonging to the Tonawanda Election of band' of Seneca Indians, and residing upon the Topawanda reservation in this state, and who are of the age of twentyone years and npward, are hereby authorized and empowered to choose and elect the following officers : Three peace-makers, one clerk, one treasurer, and one marshal. The said officers shall be chosen and elected from Indians wbo are members of said Tonawanda band, and the said peace-makers shall be elected from the chiefs of said band, residing on said reservation. The officers hereinbefore named shall be chosen by ballot, or by ayes and noes, upon nomination of an elector. The first election of said officers shall be held at one of the council houses of said band, upon said reservation, on the first Tuesday of June, one thousand eight hundred and sixtythree; and there shall be held an annual election for the election of said officers, on the first Tuesday of June in each
and every year thereafter. A plurality of all the votes given at any such election shall be sufficient to elect any candidate for any of the said offices. At the first election held under this act, the oldest peace-maker present, from the peacemakers then holding office in said band, shall be the presiding officer over such election, and the clerk then holding office in said band shall keep the minutes of the proceedings and result of the election ; but at all subsequent elections, the oldest peace-maker present, and clerk last chosen, shall be the president and clerk to preside over and keep the minutes of the proceedings and result of the elections. In case of the absence of the peace-makers and clerk, those present at the meeting
shall choose a president and clerk for such meeting. Voters.
S 2. No Indian shall be entitled to vote at any such election of officers, unless he shall be twenty-one years of age or over, nor unless he shall be a member of the Tonawanda band of the Seneca nation of Indians, and a resident upon the Tonawanda reservation in this state, at the time he shall offer his vote; and the presiding officer at any such election, shall have power to determine upon the right to vote of any person offering to vote at any such election, and may examine, on oath, the person so offering to vote, or any other Indian or Indians, which oath the presiding officer is authorized to administer.
S 3. The officers elected by virtue of this act, shall hold supplying their respective offices for one year, commencing on the first
Tuesday of July following their election. If any vacancy shall happen, any chief of said band may, within eight days thereafter, call a special meeting of the chiefs of said band, residing on said reservation, to be held at one of their council houses, by leaving a notice of such meeting with said chiefs, or at their several places of residence on said reservation, five days before the time at which such meeting shall be convened, specifying the time and place of such meeting. A majority of the chiefs present shall choose a clerk for the meeting, and
elect officers to supply such vacancies. Register of S 4. There shall be a book provided by said band, to be
called the register of elections, and a certificate of the election of any officer under this act shall be entered in such register, and be signed by the president and clerk of said meeting, and shall be evidence of such election.
S 5. The treasurer shall, within thirty days after his election, give security to the said Tonawanda band of Seneca Indians, in such form and amount as the peace-makers shall approve, for the faithful performance of the duties of his office. For any breach of the conditions 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 Tonawanda band of Seneca Indians, in the manner provided by the laws of New York for the breach of official bonds given by any county treasurer. The
Term of vacancies.
Trensurer to give bond.
treasurer, after giving security as aforesaid, shall receive all moneys belonging to said band, which shall be deposited with him pursuant to any resolution of the chiefs of said band, duly adopted in council and recorded. He shall not pay out any of said moneys except upon the warrant of the presiding officer and clerk of a council of the chiefs, at which an act of appropriation of such money shall have been duly made, by a majority of votes, and recorded. The treasurer shall receive such compensation as the chiefs in council assembled shall determine.
$ 6. The clerk shall have the custody of all the books, papers Clerk to and records belonging to the said band; he shall be furnished papers, etc. by the chiefs with a book of records at the expense of the band, in which he shall enter all the proceedings and elections of any annual or special meetings of said Indians, and all orders, rules, regulations and certificates, made or granted by the chiefs in council, and for that purpose shall attend the meetings of the said Indians, and the councils of the chiefs, and shall be their secretary; all orders of the chiefs for the payment of any money shall be certified by the presiding officer and clerk to have been duly made, before the same shall be paid by the treasurer, and shall be retained by the treasurer as his vouchers. Every order, certificate or other matter certified by the clerk to be true extracts from his minutes, shall be competent evidence thereof; the clerk shall receive such compensation for bis services as shall be allowed by the chiefs in council, not exceeding fifty dollars in any one year.
37. The peace-makers of said reservation shall have author- Authority ity to hear and determine all matters, disputes and contro- makers. versies between any Indians residing upon said reservation, whether arising upon contracts or for wrongs, and particularly for any encroachments or trespass on any land cultivated or occupied by any one of them, and wbich sball have been entered and described in the clerk's book of records; but they shall not take cognizance of any claim founded upon any debt or demand originally contracted with a white, man. And said peace-makers shall have power to make all needful rules and by-laws for notifying, and bringing the parties to such matters, disputes and controversies as may arise under the provisions of this section before them, and for the regulation of all proceedings thereon, and for the hearing and determination thereof, and for the enforcing obedience to such rules and by-laws. They shall publicly hear the proofs and allegations of the parties to such matter, dispute or controversy, and shall publicly declare and make known their determination thereiu within four days after such matter, dispute or controversy shall be finally submitted to them by the parties. They shall bave power to enforce obedience to such.rules and by-laws, and shall have power to issue and enforce the obsery
ance of orders or notices for the appearance and attendance of witnesses before them to testify and give evidence in any such matter, dispute or controversy so pending before them, and may compel the appearance before them of such witnesses by attachment or by fine, for not appearing in the same manner as is now provided by law for compelling the attendance of witnesses in courts of justices of the peace in this state. They shall have power to, and may administer oaths to witnesses produced by the parties on any such hearing, and to cause them to be examined on oath, and may examine any party to any such matter, dispute or controversy so pending before them, on oath as a witness, when such examination shall be required by an adverse party. The chiefs of said Topawanda band of Indians shall furnish for the use of the said peace-makers, a book of record of their proceedings and determinations, in which said peace-makers shall cause an entry to be made of all matters heard and determined by them under the provisions of this act. The entry made in every such case, shall contain the names of the parties to such matter, a brief statement of the matter brought before them for a hearing and determination, the finding and determination thereon of the peace-makers, before whom it was heard, the amount of their award, the amount of costs allowed, the party in whose favor it is found, and also against whom it is found, and the time within which their decision is to be complied with, and the date of such determination. The clerk of said band shall act as the clerk of said peace-makers and shall attend them on all such hearings, and shall keep said book of records, and make all the entries herein required to be made in said records. In case any party shall fail to comply with, or fulfill the direction or finding of said peacemakers in any matter heard and determined by them under the provisions of this section witbin the time fixed by such determination, the party in whose favor such determination may be, shall be entitled to recover the amount awarded to him by such determination, with costs, in an action in justice's court before any justice of the peace of the county of Genesee, in which action, a copy of the record of such determination, certified by said clerk, shall be conclusive evidence of the rigbt of recovery, and of the amount of such recovery, and executions shall be awarded to enforce the collection of the judgment obtained thereon in the same manner and with the like effect as against white persous, and the property and person of the defendant in such action shall be liable to seizure and sale or imprisonment, as in like cases against white persons. But the peace-makers shall in no case award more than one hundred dollars, exclusive of costs, in favor of any party, in any one complaint or suit. Any two peacemakers shall be competent to perform any duties and exercise any powers herein assigned to the peace-makers of said reser