PART I. Certificates to be depos ited with county clerk. Census to be taken. the commissioner for said tribe, and upon consent of the commissioners of the land office, which approval and consent shall be indorsed on such conveyance or lease, before any deed or other instrument shall have any effect to convey any of said lands or any interest. And no such lands shall be subject to any incumbrance or lien, by judgment or mortgage or otherwise, for twenty years after the apportionment thereof, unless the same shall have been conveyed by the person or persons to whom it shall be set apart, or his, her or their heirs, by approval of the commissioner for said tribe, and with the consent of the commissioners of the land office, to some person other than a member of said tribe. S9. The said commissioner shall, immediately after his certificates of apportionment have been acknowledged and approved by the county judge, deposit.such certificates in the office of the clerk of the county of Franklin for record; and said county clerk shall be entitled to receive the sum of fifty cents and no more for recording such certificate, but the county judge shall receive no fee for such acknowledgment and certificate. The said commissioner shall be entitled to retain from the annuity moneys of each and every of said Indians to whom any of said lands shall be set apart, the sum of one dollar, to pay for such certificate and the recording thereof, and such sum shall include all expenses of such certificate and recording the same. 39 B., 309 $10. It shall be the duty of said commissioner, with the aid of his associates, to ascertain, on or before the first day of August, eighteen hundred and fifty-nine, by taking a census, and from the best information they can obtain, the number of individual members of said St. Regis tribe of American Indians. And each member of the said tribe who shall be living on the first day of October, one thousand eight hundred and fifty-nine, shall be entitled to one equal share of the lands belonging to said tribe, quantity and quality relatively considered, to be apportioned as follows: To each male head of a family as many such shares as there are members of such family, including the father, mother, and minor children of such father, and to each other member of the tribe not in cluded in such families as above defined, one share; but any person who shall receive any share in the apportionment of said lands shall not inherit any interest in any of such lands which shall be set apart to the parent of such person, on account of any minor child or children, when such minor child or children shall be living at the time of the death of the parent, or shall have a child or children living, but such person shall inherit, in common with his or her co-heirs, the share or shares of his or her parents, and the share or shares of any deceased minor child or children who shall not have a child or children then living to inherit such share or shares; and in all other respects the said lands shall descend and be inherited according to the general laws of this state. CII. XXVL rights of, S 11. Married women in the said tribe shall have the same Married right of dower in the lands of their husbands, and the same women, rights to hold and dispose of property separate from their husbands, as are or may be possessed by married women under the general laws of this state. 1 S 12. The said commissioner is hereby authorized, in the Actions, &c. name of the people of the state of New York, to bring any action or actions for the recovery of any money now due, or to become due, to the said Indians, or to any one or more of them; and also to bring any action or actions for any trespass committed by any person on land possessed or owned by any one or more of said Indians, or for the recovery of the possession or value of any property belonging to said Indians, or to any one or more of them, which has been or hereafter shall be wrongfully detained or converted, and for recovery of damages for any such wrongful detention or conversion upon security for payment of costs of any such action being given to his satisfaction; and all moneys and personal property recovered in any such action shall, after deduction of the costs and expenses thereof, be paid or delivered over to the person or persons for whose benefit such action shall be commenced. The members of the said tribe shall also, after the division and apportionment of the said lands, as herein provided, in their own right and names, be entitled to all the civil remedies as between each other, and as against persons not members of the tribe, for trespasses upon, and injuries to their lands and other property, and to recover possession of the same, or any right or interest therein, and shall have the same rights and remedies for the recovery of rents, and for recovery of possession of demised premises which they would or could possess if citizens of this state. laid out. S13. The said commissioner, with the aid and advice of Roads to be his associates, shall survey and lay out upon said lands all such roads as shall be necessary for convenience of approach to and departure from the several parcels of land set apart to the members of said tribe, which roads shall be of the width of three rods and shall be included in the apportionment of said lands, and in the description of the several lots of lands lying adjacent thereto or through which they shall run; but such roads shall not be public highways for any other purpose than for ingress and egress to and from the said several lots or parcels of land until the same shall be laid out and the damages for opening and laying out the same assessed and paid in the manner now prescribed by law for other highways, and whenever any such roads shall be laid out and opened as a public highway, the damages assessed therefor shall be the same as though there had been no such road, and shall be paid to the persons in the description of whose lands such road shall be included, or to their heirs or assigns. PART I. Map of filed. $ 14. It shall be the duty of said commissioner and his lands to be associates to make, sign and file in the office of the clerk of the county of Franklin, a map of the said lands as by them surveyed, showing the division of such lands into lots or par cels, and the several roads by said commissioner laid out upon said lands, and to make, sign and file a copy of such map in the office of the state engineer and surveyor. Compensation of com 15. The said commissioner shall receive the sum of four missioner. dollars per day and his necessary expenses, and his first associate who shall be a competent practical surveyor, shall receive the sum of five dollars per day, and his other associate the sum of three dollars per day, for each day actually and necessarily spent in the performance of their respective duties under the provisions of this act, so far as the same relate to a division of said lands. Report of com missionc: Bond, &c. $ 16. It shall be the duty of said commissioner to make a report to the comptroller of this state, annually, on or before the first day of December, in each year, and oftener in his discretion, of all his proceedings under this act. He shall also keep a correct account of the time actually and necessarily spent by him in the performance of his duties, and of the expenses by him incurred in the employment of chain men and axe men, and interpreters and otherwise, also of the time so spent by each of his associates, which account shall be sworn to by said commissioner, and audited by the comptroller of this state, and the sum allowed, together with the percentage allowed, by the third section of the act hereby amended, shall be paid by the treasurer, on the warrant of the comptroller of this state; and the sum of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the purpose of carrying out the provisions of this act and of the act hereby amended, which are not hereby repealed. $ 17. Any such commissioner, before entering on the duties of his office, shall make and execute a bond to the people of this state, with good and sufficient sureties, in a sum not less than five thousand dollars, conditioned that he will faithfully perform the duties of his office, which bond shall be approved by the county judge of the county of Franklin, and filed in the office of the secretary of state. S18. All statutes now in force authorizing the appointment or election of trustees for the said tribe, and all acts, and rules and regulations inconsistent with this act are hereby abolished. S 19. No Indian shall be obliged to accept under the provisions of this act the land allotted to him, and all Indians declining to receive certificates for such allotment shall con tinue as now, to hold their lands in common. CH. XXVL CHAP. 374. AN ACT granting the peace makers on the Cattaraugus and Allegany reservations exclusive jurisdiction over actions for divorces among the Indians on said reservations, and to hear and determine actions between Indians involving the title to real estate on said reservations." PASSED April 15, 1859. The People of the State of New York, represented in Senate and Assembly, do enact as follows: jurisdiction divorces. $1. The peace makers of the Allegany and Cattaraugus Exclusivo reservations, in this state, shall have exclusive jurisdiction to to grant grant divorces as between Indians residing on said reservations, with the right of appeal to the council by any party aggrieved. determine between S2. The said peace makers shall also have exclusive juris- To hear and diction to hear and determine all questions and actions differences between individual Indians residing on said reservations, Indians involving the title to real estate on said reservations, with the right of appeal to council by any party aggrieved. CHAP. 491. AN ACT to relieve the Tonawanda band of Seneca. The People of the State of New York, represented in Senate and Assembly, do enact as follows: [Sections 1, 2, 3 temporary.] assessed upon lands 4. No tax shall hereafter be assessed or imposed on any No tax to part of the said Tonawanda reservation, which shall be owned be hereafter or occupied by the said Tonawanda band of Indians, for any d purpose whatever, so long as the same remains the property occupied by of the said Tonawanda band of Indians; and all acts of the Indians. legislature of this state, conflicting with the provisions of this section, are hereby repealed. Tonawanda for removal truders may by any jus $5. A warrant to remove any trespassers or intruders, or Warrants persons other than Indians, who may settle or reside upon of trespas any lands in said reservation, as well those lands located in sers or inthe counties of Niagara and Erie, as those which are located be issued in the county of Genesee, may be issued as now provided by law, by any justice of the supreme court, residing in any county adjoining said reservation, and by the county judge of the county of Genesee, and either of them; which officers are tice of the peace. PART I hereby authorized and empowered to hear complaints of such settlement or residence, trespasses and intrusions, and to receive proof thereof; and it shall be the duty of the district attorney of the county of Genesee, to make such complaints in the manner prescribed in the act of the legislature of this state, entitled "An act respecting intrusions on Indian lands," passed March thirty-first, eighteen hundred and twenty-one; and the sheriff of the county of Genesee is hereby authorized and empowered to execute any warrant issued pursuant to this section. Officers to CHAP. 283. AN ACT for the protection and improvement of the PASSED April 17, 1861; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: $1. The male Indians belonging to the Tonawanda band be elected. of Seneca Indians, and residing on the Tonawanda Reservation in this state, of the age of twenty-one years and upwards, may assemble at one of their council houses, on said reservation, on the first day of June, A. D. one thousand eight hundred and sixty-one, and, by plurality of votes, elect the following officers: three peace makers, one clerk, one treasurer, and one marshal. The said officers shall all be chosen from Indians, who are members of said Tonawanda band, and the said peace makers shall be selected from the chiefs of said band residing on said reservation. The most aged member of the peace makers present, when official business is transacted by them, shall be the presiding officer. At the first election held under this act, a presiding officer and a clerk shall be chosen by those present at the meeting; 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. The officers hereinbefore named shall be chosen by ballot, or by ayes and noes, upon nomination by an elector. Challeng ing vote. Terms of officers. $2. If any person offering to vote at such election shall be challenged as unqualified, the presiding officer shall determine upon his right to vote, from the examination on oath of the person offering to vote, or of any other Indian or Indians, which oath the presiding officer is authorized to administer. $ 3. The officers thus elected shall hold their offices for one year, commencing on the first day of July following such |