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Home » US Law » 2022 New York Laws » Consolidated Laws » IND - Indian » Article 4 - The Seneca Indians

40 – Use of Terms.

§ 40. Use of terms. In this chapter the Seneca Indians residing on the Allegany and Cattaraugus reservations are designated the Seneca nation, and the Seneca Indians residing on the Tonawanda reservation are designated the Tonawanda nation. For the purposes of voting and holding office, the Seneca Indians residing on the Corn-planter reservation in the […]

41 – Enumeration of Officers.

§ 41. Enumeration of officers. The government of the Seneca nation by chiefs is abolished. Each nation shall have as officers a clerk and a treasurer. The Tonawanda nation shall have a marshal and three peacemakers. The Seneca nation shall have a marshal, three peacemakers, and eight councilors for each of its reservations, and a […]

42 – Time and Place of Annual Election.

§ 42. Time and place of annual election. There shall be a biennial election in the Seneca nation on the first Tuesday of November in each even numbered year. The voters residing on the Allegany reservation shall on each election day assemble at the council-house near Coldspring, and the voters residing on the Cattaraugus reservation […]

43 – Qualifications of Voters and Eligibility to Office.

§ 43. Qualifications of voters and eligibility to office. Every male Seneca Indian of full age residing on the Allegany, Cattaraugus or Tonawanda reservations, whose name shall appear on the last preceding census taken for the purpose of distributing the annuities due to the said Indians, shall be a qualified voter at all elections or […]

44 – The Treasurer.

§ 44. The treasurer. Within thirty days after his election and before performing any of the duties or exercising any of the powers of his office, the treasurer of each nation shall give a bond to such nation, with such sureties and in such amount as the state comptroller shall approve, conditioned for the faithful […]

45 – The Clerk.

§ 45. The clerk. The clerk of each nation shall act as clerk at every annual or special meeting thereof, and in the meetings of the council of the nation. He shall have the custody of all the books, papers and records belonging to such nation. The council of each nation shall furnish the clerk […]

46 – Peacemakers’ Courts.

§ 46. Peacemakers’ courts. The peacemakers for each of the three reservations, the Allegany, the Cattaraugus and the Tonawanda reservations, shall respectively constitute the peacemakers’ courts thereof, and the eldest peacemaker of each of such courts shall be the presiding officer thereof. Any two of the peacemakers of any reservation shall be competent to perform […]

47 – Record of Peacemakers.

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

48 – Costs and Fees.

§ 48. Costs and fees. The fees of surrogates, peacemakers and marshals shall be fixed and determined by the council. In every controversy before the peacemakers they shall award the costs to be paid by the party against whom their determination shall be made; the costs allowed shall be ascertained and specified by them in […]

49 – Incompetency of Peacemakers.

§ 49. Incompetency of peacemakers. A peacemaker shall not act in any case where he shall be related to either of the parties within the fourth degree by the common law, or has any interest in the action or proceeding. If two members of a peacemakers’ court shall be incompetent to act, the remaining peacemaker […]

50 – Appeals to Council of Seneca Nation.

§ 50. Appeals to council of Seneca nation. Within twenty days after the decision of a peacemakers’ court of the Seneca nation, an appeal may be taken to the council of such nation, by serving upon the adverse party and upon the peacemakers before whom the action or proceeding was heard a notice of such […]

51 – Appeals From Peacemakers’ Court of Tonawanda Nation.

§ 51. Appeals from peacemakers’ court of Tonawanda nation. An appeal may be taken from the decision of a peacemakers’ court of the Tonawanda nation, or of a tribunal of such nation consisting of a peacemaker and one or more associate chiefs, to a court consisting of six chiefs of such nation, selected as follows: […]

52 – Enforcement of Judgments.

§ 52. Enforcement of judgments. If any party shall fail to comply with, or fulfil the directions or finding of the peacemakers in any matter heard or determined by them in pursuance of law, within the time fixed by such determination, the party in whose favor such determination may be, shall be entitled to recover […]

53 – The Marshal.

§ 53. The marshal. The marshal shall execute all orders, summons and process issued or given to him by the peacemakers or any tribunal created according to the provisions of this chapter, and shall be entitled to receive for his services the same fees as are allowed by law to constables in courts held by […]

54 – Prosecution of Actions and Disposition of Recovery.

§ 54. Prosecution of actions and disposition of recovery. The Seneca nation may prosecute by the name of “The Seneca Nation of Indians,” actions and proceedings to protect their rights and interests to the Allegany, Cattaraugus and “oil spring reservations,” and may maintain an action to recover the possession of any part of such reservations […]

55 – Allotment of Lands.

§ 55. Allotment of lands. All lands on either the Allegany, Cattaraugus or Tonawanda reservations, except such as have been allotted by the national council, or lands on the Allegany and Cattaraugus reservations, appropriated, cultivated and improved by an Indian or Indian family or the heirs thereof, in accordance with the laws and usages of […]

56 – Trees and Timber on Reservations.

§ 56. Trees and timber on reservations. Except as provided by this section, no person shall cut, remove, cause to be removed or assist in removing from the Allegany, Cattaraugus or Tonawanda reservations any wood, trees or timber thereon, nor shall any Indian sell or dispose of any timber or trees on such reservations, or […]

57 – Offering or Giving Bribes Prohibited.

§ 57. Offering or giving bribes prohibited. Every person who shall promise, offer or give, or cause, or aid, or abet in causing to be promised, offered or given, or furnish, or agree to furnish, in whole or in part, to the president or to any councilor, peacemaker, or other officer of the Seneca nation […]

58 – Acceptance of Bribes Prohibited.

§ 58. Acceptance of bribes prohibited. Every officer enumerated in the last section, who shall accept any such gift, thing of value or any promise to make the same, under any agreement that his vote, opinion, judgment or action, shall be influenced thereby, or shall be given in any particular manner, or upon any particular […]

59 – Conveying Bribes Prohibited.

§ 59. Conveying bribes prohibited. Every person who shall knowingly bear or convey any such gift, gratuity or proposal, or shall in any manner negotiate between any other persons for any act in violation of the provisions of the two preceding sections shall, upon conviction, be punished in like manner and to the same extent […]