PART I.

Who may lay out

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.

$ 23. 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.

of lands, &c.

Cultivation $ 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

canals.

$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 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

refusal or

neglect.

$2. 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 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

$ 3. 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.

GENERAL STATUTES

OF THE

STATE OF NEW YORK; &C.

PART II.

RIGHTS OF PROPERTY AND OF PERSONS.

CHAPTER I.

Real Property.

CHAP. 174.

AN ACT in relation to certain trusts.

PASSED April 15, 1839.

The People of the State of New York, represented in Senate

and Assembly, do enact as follows:

deeds of

any Shaker

$1. All deeds of trust in relation to real and personal Certain estate executed and delivered prior to the first day of January, trust for eighteen hundred and thirty, to any persons in trusts for any society united society of the people commonly called Shakers, shall valid. be valid and effectual to vest in the trustees the legal estates and interests purported to be conveyed by such deeds, to and for the uses and purposes declared therein, or declared by any declaration of trusts executed by such trustees in the same manner and to the same effect as before the first day of January, eighteen hundred and thirty; and such legal estate Estates and trusts, and all the legal authority with which the original tinued. trustees were vested by virtue of their appointment and con

may be con

PART II.

Such trusts may be created

hereafter.

ferred powers, shall forever descend in regular succession to their successors in office and trust, who in conformity to the constitution of said society have been duly chosen and appointed.

As amended by Laws of 1849, ch. 373.

27 B., 386; 17 B., 105.

S2. Trusts of real and personal estate for the benefit of any United Society of the people called Shakers, may hereafter be created for the use of the members of any such society, according to the religious constitution of such society; and the legal estates of any property so held in trust shall be vested in the trustees and in those to whom such property may be transmitted in trust by the appointment of any such society, so long as may be required for the objects and purLimitation poses of such trusts. But no society shall become beneficially interested in any real or personal property, or acquire any equitable right or interest in any such property, either directly or indirectly, the annual value or income of which after deducting necessary expenses, shall exceed twenty-five thousand dollars, on pain of forfeiture of the privileges conferred by this act nor shall any trustee be a trustee of more than one such society at the same time.

of value of

property.

Meaning of "society."

Right to repeal.

As amended by Laws of 1852, ch. 203.

$3. The word "society," for the purpose of the preceding section, shall be construed and understood to mean and include all persons of the religious belief of the people called Shakers, resident within the same county.

§ 4. The legislature may at any time alter, modify or repeal this act.

Former trusts for Friends, valid.

CHAP. 184.

AN ACT in relation to trusts for the benefit of the meetings of the religious society of Friends.

PASSED April 17, 1839. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

1. All deeds or declarations of trusts of real or personal estate, heretofore executed and delivered to any person or persons, in trust, or for the use and benefit of any meeting of the religious society of Friends, and the trusts thereby created or declared, shall be valid; and the legal estates may be transmitted, and the trusts so created or declared may be continued and pursued, so long as may be required for the purposes of the trusts, by conveyances from the trustees named in such deeds to other trustees appointed by such meeting, and by conveyances from them to others appointed in like manner or otherwise, according to the directions of such meeting. 31 B., 563; 27 B., 387; 17 B., 106.