or place or employment shall have been classified as, or determined to be, not subject to competitive examination; provided, however, that any judgment or injunction granted or made in any such action shall be prospective only, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the civil service rules in force at the time of such payments. § 28. Saving clause.—All rules, regulations, and classifications for appointment or promotion in the civil service of the state or any city or civil division thereof, not inconsistent with the provisions of this act, established with the approval of the governor or the state commission under authority of law prior to the passage of this act, shall continue in full force and effect until annulled or amended pursuant to the provisions of this act; and the state civil service commissioners and the municipal civil service commissioners of any city, now in office, appointed or designated under the provisions of law prior to the passage of this act, shall continue in office until their successors are appointed and qualify, and shall have the same tenure and all the powers and duties which they would have if appointed under the provisions of this act. All merit and eligible lists of persons examined prior to the passage of this act, under the civil service rules and regulations in force at the time of such examination, shall be continued in full force and effect as if formed under the provisions of this act, subject, however, to such reasonable regulation and revision as the rules shall prescribe. § 29. Repeal. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is repealed. All other acts or parts of acts, whether general, special or local, and all rules, regulations and classifications for appointment or promotion in the civil service of the state or any civil division thereof, inconsistent with the provisions of this act are hereby repealed; provided, however, that any act done or right accruing, accrued or acquired, or liability, penalty, or punishment incurred prior to the passage of this act shall not be affected or impaired; but the same may be asserted, enforced, prosecuted or inflicted as fully, and to the same extent, as if the several acts herein referred to had not been amended or repealed. § 30. When to take effect.—This act shall take effect immediately. CHAPTER V OF THE GENERAL LAWS. [CHAP. 679 OF 1892]. THE INDIAN LAW. ARTICLE I. General provisions (§§ 1-15). II. The Onondaga tribe (§§ 20-26). III. The Seneca Indians (S$ 40-59). IV. The Seneca Indians on the Allegany and Cattaraugus reserva tions (§§ 70-77). V. The Seneca Indians on the Tonawanda reservation (§§ 80-88.) VII. The St. Regis tribe (§§ 100-109d). ARTICLE I. GENERAL PROVISIONS. SECTION 1. Short title. 2. Power to contract. 3. Marriage and divorce. 4. Pawns or pledges for liquor. 5. Actions in state courts. 6. Exemption of reservation lands from taxation. 7. Partition of tribal lands. 8. Intrusions on tribal lands. 9. Residence of other Indians on tribal lands. 10. Licenses to reside upon tribal lands. 11. Trespasses on tribal lands. 12. Highways on tribal lands. 13. Powers of commissioners of land office in relation to Indians. 14. Trust funds for Indians. 15. Freedom from toll and ferriage. SECTION 1. Short title.-This chapter shall be known as the Indian law. 2. Power to contract.-An Indian shall be liable on his contracts not prohibited by law; and a native Indian may take, hold and convey real property the same as a citizen. Upon be coming a freeholder to the value of one hundred dollars he shall be subject to taxation. No person shall maintain an action on a contract against any Indian of the Tonawanda nation, the Seneca nation or Onondaga tribe, nor against any of their Indian friends residing with them on their reservations in this state, and every person who prosecutes such an action shall be liable to treble costs to the party aggrieved. (As amended by chap. 229 of 1893, § I.) § 3. Marriage and divorce.-The laws of the state relating to the capacity to contract marriage, the solemnization of marriage, the annulment of the marriage contract, and divorce, are applicable to Indians; and subject to the jurisdiction of the peacemakers' courts of the Seneca nation to grant divorces, the same courts shall have jurisdiction of actions arising thereunder as if such Indians were citizens. But Indians who have heretofore or shall hereafter contract marriage according to the Indian custom or usage, and shall cohabit as husband and wife, shall be deemed lawfully married. Indian marriages may be solemnized by peacemakers within their jurisdiction with the same force and effect as by a justice of the peace. 4. Pawns or pledges for liquor.-Any person who shall receive from any Indian, any article of personal property in payment or exchange, or in pawn or pledge for payment, wholly or partly, for any spirituous liquor or intoxicating drink, sold or delivered to any Indian, shall be liable to a penalty of ten times the value of such article, recoverable by the agent or attorney of the nation, tribe or band to which such Indian belongs, or with which he resides, in the name of such nation, tribe or band, or of the people of the state. If there be no such agent or attorney, such action may be maintained in their name of office, by the overseers of the poor of the town in which the Indian resides. Any such article or the value thereof may be recovered by the Indian selling,exchanging or pawning the same, within twenty days thereafter, from any person having possession thereof. If such action shall not be brought within twenty days from the sale or pledge of such article, the peacemakers, if any, of the reservation to which such Indian belongs, and if none, the overseers of the poor of the town in which he resides, may recover such article in their name of office. § 5. Actions in state courts.-Any demand or right of action, jurisdiction of which is not conferred upon a peacemakers' court, |