Punishment of trespassers. such council. And said chiefs in council assembled shall have power to limit the time and regulate the terms upon which any Indians, not members of said Tonawanda band, may settle or reside upon said lands, and every permit granted by said chiefs shall specify the length of time and the terms upon which any such Indians may reside upon any portion of such lands, and shall describe the boundaries and quantity of such lands so permitted to be occupied. And all leases, contracts and agreements made by any of the members of the said Tonawanda band, whereby any of the Indians not members of said Tonawanda band shall be permitted to reside upon such lands, shall be absolutely void; and if any Indian or Indians shall settle or reside on any such lands contrary to this act, it shall be the duty of the county judge of the county within which such lands shall be situated, on complaint made to him and on due proof of the fact of such settlement and residence in violation of this section, to issue a summons directed to the person or persons complained of, reciting the facts alleged in said complaint, and requiring the person or persons to whom the same is directed to appear before said judge at a time and place to be therein named, to answer the said complaint, and it shall be the duty of such judge to attend at the time and place stated in said summons, and on due proof being made to him of the personal service of said summons on such person or persons, he shall take proof of the facts alleged in said complaint, and thereupon determine whether such person or persons are intruders on lands of said reservation in violation of this section; and if he shall determine that such person or persons are intruders thereon, it shall be his duty to issue his warrant under his hand and seal, directed to the sheriff of such county, commanding him, within ten days of the receipt thereof, to remove such person or persons so settling or residing with his, her or their families from such lands; and it shall be the duty of such sheriff accordingly, within the time aforesaid, to remove such person or persons, and for that purpose he shall have and possess the same powers as in the execution of criminal process. And such sheriff, for executing the said warrant, shall be allowed such compensation as the comptroller of this state shall certify to be reasonable, which compensation shall be paid by the treasurer, on the warrant of the comptroller, out of any moneys in the treasury not otherwise appropriated. $ 26. That if any Indian or Indians, after being so removed as aforesaid, shall return to settle or reside upon the lands of the said Tonawanda reservation, without obtaining the permit from the chiefs of said Tonawanda band of Seneca Indians as provided in the last foregoing section, such person or persons so offending, and being thereof convicted before the county judge of the county where the lands so intruded upon by such person or persons are situated, upon the confession of the party offending, or proof of any witness or witnesses, on oath, then the said judge before whom such conviction shall be had shall direct and send his warrant to the sheriff of the said county, commanding him to arrest such person or persons forthwith, and to commit him or them to the common jail of the said county, there to remain for the space of thirty days; and such sheriff shall accordingly arrest and commit such person or persons to the said common jail for the term of time aforesaid, there to remain without bail, and without being entitled to the liberties of the limits of the said jail. And such judge shall cause such conviction to be drawn up and filed in the office of the clerk of the county; and no such conviction or adjudication shall be liable to be removed by certiorari, appeal or otherwise, but shall be deemed and taken to be final. $27. That it shall be the duty of the respective district District of attorneys of the several counties of this state in which any of relative to the lands of the said Tonawanda reservation shall be situated, trespassers, to make complaint of all intrusions upon the lands of the said reservation, in their respective counties, forbidden by this act, on the application, in writing, of a majority of the chiefs of the said Tonawanda band of Seneca Indians, and to cause such intruders to be removed in the manner herein before specified and prescribed, and in case of their return, to complain to the county judge of the county, that the provisions of sections twenty-five and twenty-six may be carried into effect. trespassers $28. That whenever any Indian or Indians of the said Removal of Tonawanda band shall occupy any of the common lands of from lands. said reservation in violation of section sixteen of this act, it shall be the duty of the chiefs of said band, or a majority of them, to cause a notice, in writing, signed by the presiding officer and clerk of said band, and describing the lands so occupied in violation of said section, to be served on the person or persons so violating said sections, requiring such person or persons to remove from the said lands within ten days after the personal service of such notice upon such person or persons, or in default thereof to show cause before the chiefs of said band, in council assembled, at a time and place to be therein stated, why such person or persons should not be removed from such lands. And, in case such person or persons shall not remove from said lands, as required by said notice, or shall not show sufficient cause to said chiefs in council assembled, in pursuance of such notice, why such person or persons should not be removed from said lands, the said chiefs shall have power, and it shall be their duty, on due proof being made to them of the personal service of such notice upon the person or persons to whom the same was directed, and on proof that such lands are common lands of said band, not held or occupied by such person or persons In cases of encroachment. Payment of annuity. under the permit required to be granted by said chiefs, to issue an order, directed to the marshal of said reservation, commanding said marshal forthwith to remove such person or persons from said lands so occupied in violation of said section, which order shall be signed by the presiding officer and the clerk of said council. And it shall be lawful for and the duty of said marshal to remove such person or persons from said lands, and to call to his aid sufficient force to cause such removal, and to keep such person or persons removed therefrom. And the said marshal and his aids shall not be liable to any civil or criminal prosecution for any necessary act done by him or them while executing said order. S 29. Whenever complaint shall be made to the peacemakers by any Indians lawfully residing upon any cultivated lands on said reservation, which shall have been entered and described in the clerk's book of records, that an encroachment is being made by other Indians upon his, or her, said lands, it shall be the duty of the peace-makers to issue a notice to the person or persons complained of, reciting the complaint and requiring said person or persons to appear before them, at a time and place to be in said notice named, and show cause why the complainant should not be put into full and peaceable possession of the lands alleged to be encroached upon, which notice shall be immediately served upon such person or persons. The said peace-makers shall meet at the time and place mentioned in said notice, and, on proof of the personal service of said notice on the person or persons complained of, they shall hear the proofs of the parties, and shall forthwith determine whether any encroachment has been made as alleged, and the extent thereof, and in case they shall find that an encroachment has been made, they shall issue an order, directed to the marshal of said reservation, commanding him forthwith to remove such encroachments, and put the complainant in full possession of the lands encroached upon. And the said marshal, on receiving such order, shall forthwith remove such encroachments, and put the complainant in full possession of his said lands, and keep him in possession as against the person or persons complained of, and all other persons aiding or abetting them. And the said marshal is hereby empowered to use all necessary force for the excution of said order, and he and his aids shall not be liable to any civil.or criminal prosecution for any necessary act done by him or them while executing said order. $30. The proportionate share of said band to the annuity of five hundred dollars, agreed to be paid by the State of New York, under a treaty dated twelfth September, eighteen hundred and fifteen, shall hereafter be paid by the treasurer of this state, under the warrant of the comptroller, to the treasurer of the Tonawanda band of Seneca Indians. Their proportionate share shall be determined by the ratio that their certain officers. numbers bear to the whole number of Senecas residing in other portions of the state having an interest in the annuity. $31. The several officers of the said Tonawanda band of Term of Seneca Indians, elected and holding office under and in pursuance of the provisions of chapter two hundred and eightythree, of the Laws of eighteen hundred and sixty-one, entitled "An act for the protection and improvement of the Tonawanda band of Seneca Indians, residing on the Tonawanda reservation in this state," shall be the officers of said band under this act, and continue to hold and to discharge the respective duties of their several offices, under the provisions of this act, to and until the first Tuesday of July, eighteen hundred and sixty-three, and, for that purpose, shall have all the powers conferred by this act upon them respectively. Ante, vol. 4, p. 418. $32. Chapter two hundred and eighty-three, of the Laws Repeal. of eighteen hundred and sixty-one, being an act entitled "An act for the protection and improvement of the Tonawanda band of Seneca Indians, residing on the Tonawanda reservation in this state," passed April seventeenth, eighteen hundred and sixty-one is hereby repealed. AN ACT to authorize the making of sidewalks and planting shade trees along highways of this state other than in cities and incorporated villages. PASSED April 7, 1863. The People of the State of New York, represented in Senate and Assembly, do enact as follows: owners of lands. 51. All persons owning lands fronting upon any highway Power of (except in cities and incorporated villages), may make and adjoining have sidewalks along such land in the highway, and plant and have shade trees along the roadside of such sidewalks; such sidewalks with shade trees shall not extend more than six feet in width from the outward line of such highway; provided such highway is not over three rods wide, with the right to add one additional foot in width to such sidewalk for every additional rod in width of said highway where such sidewalks may or shall be built or shade trees planted, and for the protection of such walks or trees may also construct a railing upon the roadside adjacent and within two and a half feet of such trees or walks, of not more than one bar in height with posts, and also protectives at the ends in such way or manner as not to prevent foot passengers from using such walks, but so built as may and shall prevent cattle from going thereon. 2. This act shall take effect immediately. Annual tax for each child. CHAP. 94. AN ACT in relation to the New York Juvenile Asylum. The People of the State of New York, represented in Senate and Assembly, do enact as follows: S 1. The twenty-eighth section of the act entitled "An act to incorporate the New York Juvenile Asylum,' passed June thirtieth, eighteen hundred and fifty-one, and amended by the act entitled "An act in relation to the New York Juvenile Asylum," passed March twenty-fifth, eighteen hundred and fifty-eight, is hereby further amended, and shall read as follows, viz.: 28. In each and every year thereafter the board of supervisors shall in the same manner levy and collect by tax, and pay over to the said New York Juvenile Asylum, for the uses and purposes thereof, ninety dollars per annum, and proportionally for any fraction of a year, for each child which, by virtue and in pursuance of the provisions of this act, shall be entrusted or committed to the said asylum from the city and county of New York, and shall be supported and instructed therein. Ante, vol. 5, p. 239. S2. This act shall take effect immediately. CHAP. 104. AN ACT to extend the time specified in section_thirteen of chapter fifteen of the Laws of eighteen hundred and sixty-three, for the collection of taxes in the said section named. 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: 1. The time for the collection of taxes specified in section thirteen of chapter fifteen of the Laws of eighteen hundred and sixty-three, in relation to the levying of a tax to repay moneys borrowed to pay bounties, and for other purposes, is hereby extended until the first day of June, eighteen hundred and sixty-three; and the collectors or receivers of taxes of the several towns, cities and wards in this state, having in their hands any assessment roll mentioned or provided for in the said section, shall proceed forthwith, according to law, to collect the same with or without the usual warrant therefor; but said collector or receiver shall not proceed so to collect until he shall have renewed his bond or given a new bond, |