vessel, and may be enforced and recovered by and in the name of the commissioners of emigration, either by an action or by and in the name of the commissioners of emigration, either by an action or by warrant of attachment, under and pursuant to article first of title eighth of chaper eighth of the first part of the Revised Statutes. S 6. Section eight of chapter four hundred and seventy-four of the laws of eighteen hundred and fifty-five, is hereby amended so as to read as follows: CH. XXV. health off The health officer shall give notice, in writing, to the owner Duty of or owners, consignee or consignees, master, commander or cer. person having charge of every vessel, having emigrant passengers on board of such vessel, destined for the city of New York, to land such passengers and their personal baggage, at such pier or place in the said city of New York, as has been or may at any time be designated specially by the commissioners of emigration, for the landing of emigrant passengers and their personal baggage; and it shall not be lawful to land such passengers or their personal baggage, at any other pier or place; and the owner or master of any vessel, from which passengers or their personal baggage, shall be landed in violation of the provisions of this section, shall be subject to a penalty of fifty dollars for each and every person, or his baggage, so landed in violation thereof; which penalty shall be forthwith a lien on such ship or vessel, and may be immediately, upon such violation, sued for, enforced and recovered, with costs of suit, in the name of and by the commissioners of emigration, either by an action in any court having cognizance thereof, or by attachment under and pursuant to article first of title eighth, chapter eighth, of the first part of the Revised Statutes, for which purpose the said commissioners of emigration shall forthwith be creditors of such ship or vessel, and have a direct lien on such ship or vessel, for said penalty; the said penalty, when recovered, to be applied and used by the said commissioners for the purposes for which said commissioners are constituted. tion of this S7. Nothing in this act contained shall be so construed as Qualifica to alter, impair, or modify the existing laws and regulations act. regarding quarantine, or concerning the powers given to, and duties imposed upon, the health officer of the port of New York, for the protection of the public health. PART I. Sales by, and con Indians for lands. CHAPTER XXVI. Indians. CHAP. 29. AN ACT relative to the different tribes and nations of Indians within this state. PASSED 10th April, 1813. $1. Be it enacted by the People of the State of New York, tracts with represented in Senate and Assembly, That if any person, without the authority and consent of the legislature of this state, shall, in any manner or form, or upon any terms whatsoever, purchase any lands within this state, of any Indian residing therein, or make any contract with any Indian for or concerning the sale of any lands within this state, or shall in any manner give, sell, demise, convey, or otherwise dispose of any such lands, or any interest therein, or offer so to do, or shall enter on or take possession of, or settle on any such lands, by pretext or colour of any right or interest in the same, in consequence of any such purchase, or contract made or to be made, since the fourteenth day of October, one thousand seven hundred and seventy-five, and not with the authority and consent of the legislature of this state, every Declared an such person shall, in every such case, be deemed guilty of a public offence, and shall, on conviction thereof. before any court having cognizance of the same, forfeit and pay to the people of this state, two hundred and fifty dollars, and be further punished by fine and imprisonment, at the discretion of the court. offence. Penalty. Suits not maintaina bill, note, &c. tain tribes 7 N. Y., 401; 4 N. Y., 293; 15 B., 83; 3 B., 492; 2 B., 639; 11 Pai., 607; 5 D., 628; 6 H., 546; 8 Cow., 189; 20 J. R., 188, 693; 19 J. R., 127; 18 J. R., 506; 15 J. R., 264; 14 J. R., 181, 472; 7 J. R., 290; 2 J. Ca., 344. S2. And be it further enacted, That no person shall sue or ble on bond, maintain any action on any bond, bill, note, promise or other contract hereafter to be made against any of the Indians, against cer- called the Stockbridge Indians, or of the Seneca tribe or of Indians. nation, nor against any Indian residing in Brothertown, or on any lands reserved to the Oneida, Onondaga, or Cayuga Indians, and every person who shall sue or prosecute any such action against any of the said Indians, shall be liable to pay treble costs to the party grieved: Provided, That this section shall not extend to any action or suit on any contract made before the first day of July, in the year one thousand seven hundred and ninety. 4 N. Y., 293; 3 B., 492; 11 Pai., 607. CH. XXVI. not in certain $3. And be it further enacted, That if any person shall sell spirituous to any Indian belonging to the Oneida or Stockbridge tribe, quors Id any rum, brandy, gin, or other ardent spirits, within the to Indians, counties of Oneida, Madison, or Chenango, he shall be counties. deemed guilty of a public offence, and on conviction thereof, be fined at the discretion of the court, not exceeding twenty dollars for one offence, and shall also forfeit the sum of five dollars for every such offence, to be recovered in an action of debt with costs, in any court having cognizance thereof, by any one who will sue for the same, the one half of which forfeiture to be paid to the prosecutor, and the residue to the overseers of the poor of the town in which such recovery shall be had, for the use of the said poor: Provided, That on the Proviso. recovery of such forfeiture, the offender shall not be liable to any other or further prosecution for the said offence: and no ons liquors No spirituIndian or other person shall sell or dispose of any spirituous to be sold liquors or ardent spirits, in that part of the town of Paris thertown called Brothertown, without first obtaining a license for the without same, under the hands and seals of three of the superintendents of the Brothertown Indians, under the penalty of twenty dollars, to be recovered before any three of the keepers of the peace of Brothertown, the one half of which shall be for the use of such Indian as shall sue for the same, and the other half for the use of the poor in Brothertown. to the Bro Indians license. ous liquors to Indians certain. $ 4. And be it further enacted, That if any person shall sell No spirituany rum, brandy, gin, or other ardent spirits, within the limits to be sold of the tract of land owned by the Muheconnuck or Stock- within a bridge Indians, or within the reservation lands of the Oneida tract." or Brothertown Indians, he shall forfeit twenty dollars for every such offence, to be recovered with costs in manner aforesaid, before any justice of the peace; one half thereof to be paid to the prosecutor, and the residue to the district attorney of the district within which the said tribes of Indians reside, to be by him paid into the treasury of this state, for the use of the tribes of Indians where such offence shall happen. liquor. $ 5. And be it further enacted, That no pawn taken of any No pawn to Indian within this state, for any spirituous liquor, shall be re- Indians for tained by the person to whom such pawn shall be delivered; but the thing so pawned may be sued for and recovered, with costs of suit, by the Indian who may have deposited the same, before any court having cognizance thereof. expenses of affairs, $6. And be it further enacted, That it shall be lawful for Incidental the comptroller, on the order of the person administering Indian the government of this state, to draw his warrant on the treasurer, for the payment of such sums of money as shall from time to time be necessary for incidental charges attending on Indian affairs, not exceeding five hundred dollars in any one year; and it shall also be lawful for the person administering the government of this state, to appoint such persons as he shall see fit, to provide for and entertain all Indians who may visit the seat of government on any busi PART I. Certain sums to be annually paid to dians. Oneida tribe. Cayuga. Posterity of the Fish Carrier. paid. paid. ness, and to order the comptroller to draw his warrant on the treasurer for such sum or sums of money, to defray the expense of entertaining such Indians, in favor of such persons as he shall direct, not exceeding in any one year the sum of one thousand dollars. [Section 7 ratifies certain treaties with and grants by Indians to the state.] $8. And be it further enacted, That the treasurer of this state shall annually, on the warrant of the comptroller, pay to certain In the order of the person administering the government of this state, out of any monies in the treasury, the following sums, to wit: the sum of four thousand eight hundred and sixty-nine dollars and twenty-eight cents, for the use of the Oneida tribe Onondaga. of Indians; the further sum of two thousand dollars for the use of the Onondaga tribe of Indians; the further sum of two thousand three hundred dollars, for the use of the Cayuga tribe of Indians; and the further sum of fifty dollars, for the use of the posterity of the Cayuga chief, Fish Carrier, being the annuities to be paid to the said tribes and the posterity of the Fish Carrier respectively, and in lieu of all former annuities, in conformity to the said articles and the said treaty with When to be the Oneida Indians, which said annuities shall be paid on the first day of June in every year, at the several places specified in the said articles and treaty for that purpose, at the expense How to be of this state; and the person administering the government of this state, is hereby authorised to cause the said annuities to be paid in such manner, and by such persons as he shall think proper, and as may be most agreeable to the said Indians and the least expensive to this state, and for that purpose he may direct the surveyor-general to perform the service, or make such arrangements or contracts with any other persons relative thereto, as he may judge proper: Provided however, That such part of each of the said annuities as the person administering the government of this state shall in his discretion direct for that purpose, shall be first appropriated to the support of the public school, if any, instituted within the limits assigned to the said tribes respectively, in which Indian children shall be taught, and that the monies so appropriated for the support of public schools within the said Oneida tribe, shall be distributed in such manner as that the several villages of the said Oneida tribe may, as near as may be, equally enjoy the benefit thereof: And further, The treasurer of this state shall, annually, on the warrant of the comptroller, pay to the order of the person administering the government of this state, such annuity as shall become due to the said christian party of Indians, by the stipulations contained in the treaty or purchases referred to in the preAnd to the ceding section; and also, the sum of three hundred dollars annually, for the Oneida nation of Indians, to be paid to the said Indians pursuant to the treaty referred to in the said To the Cay- preceding section; and also, such annuity as shall become due to the Cayuga nation by the stipulations contained in the Proviso. Annuity to be paid the christian party of Oneida In dians. Oneida na tion. nga nation. CH. XXVL annuities. treaty or contract with the said Indians, also specified in the said preceding section; and all such other annuities as All other shall have arisen or become due by virtue of any contract, treaty, or purchase, with any of the tribes or nations of Indians in this state, made under the sanction of the legislature thereof, or subsequently ratified by law. [Section 9 confirms certain limits to the Stockbridge Indians.] Section 10 temporary.] [Section 11 repealed by Laws of 1821, chap. 204.] [Section 12 temporary.] Indians annual 13. And be it further enacted, That it shall and may be St. Regis lawful for the said St. Regis Indians, on the first Tuesday of may hold May next, and on the first Tuesday of May in every year town thereafter, to hold a town. meeting on their said reservation meetings. within this state, and by a majority of male Indians, above twenty-one years of age, to choose a clerk, who shall keep And elect a order in such meeting, and enter in a book to be provided by his duties him for that purpose, the proceedings of the said meeting. clerk and declared. rules as to provment $ 14. And be it further enacted, That it shall and may be May make lawful for the said tribe, at any such meeting as aforesaid, to the im make such rules, orders and regulations, respecting the im- of their provement of any other of their lands in the said reservation, lands. as they shall judge necessary, and to choose trustees for And elect carrying the same into execution, if they shall judge such execute the trustees to be necessary. [Section 15 temporary.] trustees to same. among the Indians. S16. And be it further enacted, That it shall be the duty Suits of the district attorney residing in the district including the St. Regis county of Washington, to advise and direct the St. Regis Indians residing at St. Regis, in the controversies among themselves, and with any other person, and defend all actions brought against any of them by any white person, and commence and prosecute all such actions for them, or any of them, as he may find proper and necessary; and in all prosecutions in their behalf, it shall not be necessary to name any individual of the said tribe, but it shall be sufficient to bring the same in the name of the St. Regis Indians, any law to the contrary notwithstanding. See Laws of 1818, ch. 283. be elected Stock $ 17. And be it further enacted, That it shall be lawful for officers to the male Indians, above the age of twenty-one years, residing in Newin New Stockbridge, to meet together on the first Tuesday of bridge. May annually, in said New Stockbridge, and there by a plurality of votes elect the following officers: One clerk, one marshal, and three peace makers; and the clerk shall preside at such meetings, who shall enter the proceedings thereat in a book to be kept by him for that purpose, and the proceedings of the peace makers shall be entered by him in the same book; and the marshal shall execute all orders of the peace makers, made in pursuance of this act: And further, It shall Powers and be lawful for the peace makers to call special meetings of the peacesaid Indians, at such times and places and on such occasions IV. -44 duties of makers. |