CH. XXVI.

may appeal therefrom to a jury of six chiefs, to be selected as follows: Upon giving security to be approved by the peace makers to pay the amount that shall be awarded by such jury, the tribunal whose decision is appealed from, shall direct the marshal to summon twelve chiefs, to be designated by such tribunal, to appear at a time and place to be specified, not more than ten days thereafter, to determine such appeal; on the appearance of the chiefs so summoned, six of their number shall be drawn by lot to hear such appeal; if it be established to the satisfaction of the tribunal which summoned the said chiefs, that any of them are related to either of the parties as herein before named, or are interested in the controversy, they shall be set aside, and other chiefs shall be drawn instead of them. The jury thus constituted shall hear the appeal, Jury. examine the witnesses and parties on oath, if required, in the same cases and in like manner as herein provided, in respect to the peace makers, and the determination made by them, or a majority of them, shall be conclusive, and shall be entered in the book kept by the peace makers, and may be enforced in like manner and upon like evidence as in the case of a determination by the peace makers. The chiefs hearing such appeal, shall each be entitled to receive twenty-five cents for their services, to be paid in the first instance by the party appealing; in their final determination they shall direct which party shall pay the costs and expenses of the suit and of the appeal.

makers not

fees.

S 10. The peace makers shall not receive any fees for their Peace services, to their own use, but all such fees shall be paid to to receive the treasurer of the said band for its use; and in every controversy before them, the costs shall be paid by the party against whom the determination shall be made, which costs shall consist of the fees of the marshal as herein provided, and fifty cents each for the attendance of the peace makers at any hearing of the parties, and if the same shall be adjourned, twenty-five cents each for their attendance on the first appearance of the parties; the costs allowed shall be ascertained and specified by them in their determination.

compensa

S 11. There shall be allowed to each of the peace makers, Annual by the chiefs in council, an annual compensation, not exceed- tion to ing fifty dollars in any one year, to be paid semi-annually by makers. the treasurer.

peace

$12. The marshal shall execute all orders, summons, and Marshal. process issued or given to him by the peace makers, or by any tribunal created according to the provisions of this act, and shall be entitled to receive for his services the same fees as are allowed by law to constables in courts held by justices of the peace.

courts of

$ 13. For any demand or right of action which any Indian Action in of said band may have against any other Indian, and which, the state. according to the provisions of this act, exceeds the amount which may be awarded by the peace makers, actions may be

PART I

Names of chiefs.

False swearing.

No land to
be appro-

any Indian
without
consent,
&c.

maintained and prosecuted in the courts of this state in the same manner and with the like effect as between white citi

zens.

$ 14. The names of the chiefs of said band shall be entered by the clerk in the book of records, and if the fact of their being chiefs shall be disputed by any other chief, such fact shall be determined by the chiefs in council; but this provision shall not be construed to authorize them to depose any such chief, or to determine upon the propriety or expediency of entering his name, except upon the determination of fourfifths of all the chiefs of said band.

$15. Any willful false swearing by any person to whom any oath may be administered, according to the provisions of this act, shall be deemed perjury, and punished as such in the manner provided in the laws of this state; and any person who shall unlawfully and corruptly procure such false swearing shall be deemed guilty of subornation of perjury, and shall be punished as provided by the laws of this state.

$16. No land within the said reservation not already cultipriated by vated and improved, or under fence, shall hereafter be appropriated by any Indian to his own use, without the consent of the chiefs in council, whose duty, however, it shall be, on application, to allot and set apart for any Indian or any Indian family, so much wild land as the chiefs shall deem reasonable, and an equitable proportion, in reference to the whole number of Indians not possessing lands. The description of such lands shall be submitted by the respective claimants to the chiefs in council assembled, and shall be approved by the council before they shall be recorded.

Lands to be described.

Indian may sell certain

land.

$ 17. Lands on the said reservation which are appropriated by any Indians or family to their own use, and cultivated and improved by them, shall, within two years after this act takes effect, be described by the person or persons claiming the same, with convenient certainty, and be entered in the books of record kept by the clerk of the said Indians, and if not so entered, the claimant thereof shall not be entitled to maintain any suit under the provisions of this act, for encroaching or trespassing thereon.

$18. Any Indian residing on the said reservation, having land allotted to him by the chiefs, or entered as herein provided, may sell, for his own benefit, any timber or trees, or stone or plaster on that portion of such land which he shall actually and in good faith clear for the purpose of cultivation. But no white person shall, under pretence of being hired by any Indian, or any other pretence, be employed in removing any timber, or wood, or stone, or plaster from said reservation, or cutting down any trees or quarrying for that purpose. Indian may S 19. Any Indian residing on the said reservation, may, without the aid or assistance of any white man, manufacture shingles or staves from any timber or any trees growing upon any wild land therein, not allotted to, or entered by any other

make shin

gles, &c.

Indian, or being or growing upon any land allotted to or entered by him, and may sell and dispose of the same for his own benefit. But no white person shall, under the pretence of being hired by any Indian, or any other pretence, be employed in any such manufacture, or in removing any timber, or cutting down any trees for that purpose. But before any Indian shall cut, or remove any wood, trees, or timber from any wild land not allotted to him, he shall obtain a permit therefor from a council of chiefs duly assembled, which shall be signed by the presiding officer and clerk of such council.

CH. XXVI

$20. No timber being on any part of said reservation, no Timber. trees growing thereon, nor any manufacture thereof, shall be sold or disposed of by any individual Indian or Indians, except as herein before provided; and every such sale or disposition shall be absolutely void. Any sale or disposition of such timber or trees, being or growing upon any wild land on the said reservation, made by the chiefs in council, shall be for the benefit of the said band of Indians, and the proceeds of any such sale or disposition shall belong to and be paid into its treasury. And the attorney for the said Indians shall be authorized to prosecute for the price of any timber or trees unlawfully sold for the benefit of the Tonawanda band of Seneca Indians, and to recover the amount thereof from any person who shall have received the same.

for said In

prosecute,

S21. The proper action for the benefit of the said Tona- Attorney wanda band of Seneca Indians may be prosecuted and main- dians to tained by the attorney for the said Indians, for any timber or trees, or the manufacture thereof, sold, taken, or carried from the said reservation, in any other case, than as herein provided and allowed, and shall recover in such action double the value of the timber, trees, or article manufactured from them, so sold, taken, or carried from the said reservation.

torney of

S22. The district attorney for the county of Genesee, shall District atbe the attorney of the said Tonawanda band of Seneca In- Genesee dians. He shall, from time to time, advise the said Indians county. respecting controversies between themselves, and between them, or any of them, and any other person; he shall prosecute and maintain all such actions, suits, and proceedings for them, or any of them, as he may find necessary and proper; and it shall be his duty, on the written complaint of a majority of the chiefs of said band, when any trespass has been committed on the lands of said reservation, or any timber, wood, or logs has been cut or carried away, or converted by any person, not Indian, to his own use, immediately to commence the proper suits for the recovery of such property, or of damages for any such injury. He shall at all times, when requested by them, or by any chief, advise them in relation to their affairs. All suits commenced and prosecuted under the provisions of this act shall be in the name of the people of the state of New York, and for the benefit of said Tona

PART I wanda band of Seneca Indians, and in case it shall be necessary to execute any bond for the prosecution or maintenance of any suit or proceedings in behalf of the said Indians, or any of them, the said attorney may execute the same in the name and behalf of the said Tonawanda band of Seneca Indians, who shall be bound thereby as any citizen may be bound by his lawful agent and attorney in fact, and all sums recovered in any action, brought by the said attorney, after deducting such costs and expenses as shall be certified by the judge before whom the case was tried and judgment rendered, shall be paid over to the treasurer of the said Tonawanda band of Seneca Indians, if there be one, and if there be none, then to such person as shall be appointed to receive the same by a majority of the chiefs of said band in council assembled, such appointment to be certified to by the presiding officer and clerk of said council. In every suit or proceeding authorized by this act, any individual Indian of said band, may, if otherwise competent, be received and examined as a witness on behalf of the said Tonawanda band of Seneca Indians, notwithstanding his being a member of the said band.

Who may lay out

S23. The chiefs of said band of Indians, in council asroads, &c. sembled, may determine on the laying out of roads and highways, and working the same; and may make by-laws to regulate such work, and also for regulating, protecting, and improving their common lands, and for regulating fences, and preventing trespass by cattle or otherwise, and may provide a penalty not exceeding five dollars for violating or disobeying any such regulation or by-law.

Cultivation

of lands, &c.

$24. No person or persons, other than Indians, shall cultivate any lands within said reservation on shares, or under any lease thereof, or other contract, providing for the removal of any of the products of said land, by such person or persons as a reward for cultivating the same; but the crops on said land shall be deemed to belong to the Indian entitled to cultivate the same.

$25. 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 said Tonawanda band of Seneca Indians. Their proportionate share will be determined by the ratio that their numbers bear to the whole number of Senecas residing in other portions of this state having an interest in the annuity.

CH. XXVII.

CHAPTER XXVII.

Noxious Weeds.

CHAP. 100.

AN ACT to provide for the destruction of Canada thistles, and other noxious weeds, on the banks of the canals, railroads and turnpike roads.

PASSED April 21, 1847.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

perinten

§ 1. It shall be the duty of the superintendents of canals, Duty of su to cause all Canada thistles and other noxious weeds, grow- dents of ing on the banks and sides of the canals, to the width owned canals. by the state, to be cut down twice in each and every year, once between the fifteenth day of June, and the first day of July, and once between the fifteenth day of August and the first day of September.

in case of

neglect.

S2. If the said officers shall refuse or neglect to cause the Provision same to be cut at the times as aforesaid, it shall be lawful for refusal or any person or persons, to cut the same between the first and fifteenth days of July, and between the first and fifteenth days of September, in each and every year, at the expense of the superintendents having charge of the sections on which such thistles and noxious weeds shall be so cut, at the rate of one dollar per day for the time occupied in so cutting, to be recovered in any court of justice in this state.

railroad

pike com

S3. It shall be the duty of the several railroad corpora- Duties of tions and turnpike road corporations within this state, to and turncause all Canada thistles and other noxious weeds growing panies. on any lands owned or occupied by such corporations, to be cut down twice in each and every year, once between the fifteenth day of June and the first day of July, and once between the fifteenth day of August and the first day of September.

in case of

$4. If the said corporations, or any or either of them, shall Provision neglect to cause the same to be cut down, at the times in the neglect. third section of this act mentioned, it shall be lawful for any person to cut the same, between the first and fifteenth days of July, and between the first and fifteenth days of September in each year, at the expense of the corporation on whose lands said Canada thistles or other noxious weeds shall be so cut, at the rate of one dollar per day for the time so occupied in cutting, to be recovered in any court of justice in this state.