moneys from the comptroller, execute and file with the comptroller an official undertaking in double the amount of the annuity moneys payable to him, in a form and with securities approved by the comptroller. The agent of the Indians on the Onondaga reservation shall reside in Onondaga county, near such reservation.

§ 21. Duties of agents.-Each of such agents shall annually, on or before the first Monday of June, prepare and transmit to the comptroller a correct enumeration of such of the Indians of which he is agent, as are entitled to receive annuity moneys from the state. The comptroller shall, upon receipt of such enumeration and undertaking, send to each such agent the annuity moneys payable by the state to the Indians of which he is agent. Each agent shall thereupon distribute such moneys to the Indians of which he is agent who are entitled thereto, paying the same to heads of families and individuals so far as practicable, and shall forthwith report such distribution to the comptroller. Each such agent shall protect the rights and interests of the tribe of which he is agent, and perform such other duties in relation to them as may be required by the governor.

§ 22. Cutting and removing timber.-No person other than an Onondaga Indian shall cut or remove from the Onondaga reservation any tree, timber, wood, bark or poles; and no Indian shall cut any tree, timber, wood, bark or poles for the purpose of sale or removal from such reservation, nor shall sell, remove, cause to be removed or aid in the removal from such reservation of any trees, timber, wood, bark or poles, except upon the written permission of a majority of the chiefs of the Onondaga tribe, particularly specifying the quantity and kind of trees, timber, wood, bark or poles to be cut or removed.

23. Consent of agent to certain contracts.-Every contract which shall be made without the written consent of the agent of the Onondaga Indians, by any person other than an Indian, with any Indian of the Onondaga tribe, or with any Indian of any other nation or tribe residing or living with such Indians, for or concerning any stone, or any wood, timber or bark on the tribal land of such nation, or that has been taken or removed from such lands, shall be void; and any person who, without such consent, shall receive from any such Indian or other person, any such stone, wood, timber or bark, on such reservation, or removed therefrom, knowing the same to have been taken or removed therefrom,

shall be liable to a penalty of five times the value of such property, recoverable by the agent of such tribe, in the name of the people of the state, and payable upon recovery, after he has deducted his fees and the reasonable costs and expenses of collection, to the chiefs of such tribe for the benefit of the tribe.

24. Leases.-An Indian residing on the Onondaga reservation and a member of the Onondaga tribe, owning or possessed of improved lands therein, may lease such lands to white persons, for a term not to exceed ten years; but no individual Indian shall have the right to lease any lands to be used as a stone quarry. A majority of the chiefs of such tribe may, by a written contract drawn under the direction of the agent of such tribe and approved by his indorsement thereon, lease the stone quarries and national lands of the tribe, the expense of such contracts to be paid by the persons to whom the lands shall be leased. Any such contract without the consent of the agent shall be void.

§ 25. Medical aid and attendance. The board of supervisors of the county of Onondaga shall annually employ a competent physician to attend upon and minister to the necessities of sick and indigent Indians residing on the Onondaga reservation, and to furnish them in addition to professional services, such necessary medicine, food and attendance as he may deem proper. The bills of such physician, when properly verified, shall be audited by the board of supervisors of such county, and, upon their order, paid by the county treasurer, out of any moneys in his hands provided for that purpose. There shall annually be paid out of the treasury of the state to the treasurer of such county the sum of three hundred dollars, to be kept by him as a fund for the payment of such bills. If in any year such sum shall not be appropriated by the legislature, or shall be inadequate, the board of supervisors of such county may appropriate such sum of money as they may think necessary out of any moneys which may come into the treasury of such county, arising from that portion of the moneys collected as fines for selling liquor to the Indians and for trespasses upon Indian lands, which would otherwise be paid to the chiefs of the Onondaga Indians; but all such moneys shall be directly appropriated by the board of supervisors, upon the recommendation of the supervisor of the town of Onondaga and the agent of the Onondaga Indians, to be applied and disbursed in the same manner by such physician.

26. Plank-road on reservation.-All Indians residing on

the Onondaga reservation, or belonging to the Onondaga tribe, shall, as to the portion of the Syracuse and Tully plank-road constructed upon such reservation, and as to all gates erected within the bounds thereof, pass free of any charge or toll.

ARTICLE III.

THE SENECA INDIANS.

SECTION 40. Use of terms

41. Enumeration of officers.

42. Time and place of biennial election.

43. Qualification of voters and eligibility to office.

44. The treasurer.

45. The clerk.

46. Repealed.

47. Peacemakers' courts.

48. Record of peacemakers.

49. Costs and fees.

50. Incompetency of peacemakers.

51. Appeals to council of Seneca nation.

52. Appeals from peacemakers' court of Tonawanda reservation. 53. Enforcement of judgments.

54. The marshal.

55. Prosecution of actions and disposition of recovery.

56. Allotment of lands.

57. Repealed.

58. Repealed.

59. Trees and timber on reservations.

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 New York Indian agency shall be treated as residents of the Allegany reservation. The councilors of the Seneca nation, and the chiefs of the Tonawanda nation, in council assembled, are designated, in this chapter, the council of each of such nations, respectively,

§ 41. Enumeration of officers.--The government of the Seneca nation by chiefs it 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 reser

vations, and a president. Each officer of each nation now in office shall continue in office until the expiration of the term for which he was chosen and until his successor shall be chosen.

§ 42. Time and place of biennial election.-There shall be a bi-annual election in the Seneca nation on the first Tuesday of November, nineteen hundred, and every second year thereafter. 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 shall assemble at the courthouse near Versailles, and by ballot choose successors to the officers of such nation whose terms expire with such election and fill vacancies in any offices, which have not been filled by a special election. The peacemakers of each reservation shall preside and constitute the board of inspectors of such election for their respective reservations. If any of such peacemakers are absent or refuse to serve, the electors present shall choose a person qualified to vote at such election to fill such vacancy. Before entering upon the discharge of their duties, such inspectors shall each take an oath, administered by one of the peacemakers, to support the constitution of the Seneca nation and to faithfully discharge the duties of their office according to the best of their ability. Each of such board of inspectors shall appoint a competent person as clerk, who shall keep a poll-list, containing the name of each person voting at such election and minutes of the proceedings, and of the result of the election. The president of the nation shall provide for each of the Cattaraugus and Allegany reservations, a ballotbox with a lock and an opening in the top sufficient to admit of the insertion of a folded ballot. Such box shall be locked upon the opening of the polls and remain locked until the close of such election. Each ballot received by the inspectors of election shall be deposited in such box through the opening of the top thereof. Such inspector shall see that such election is conducted with order and regularity. The polls of such election shall be opened at nine o'clock in the forenoon and shall be kept open until five o'clock in the afternoon, when each of such boards of inspectors shall immediately proceed publicly and before adjourning to count the votes cast, publicly announce the result thereof, and make and sign duplicate certificates containing a statement of the whole number of votes cast, and the number cast for each candidate. Each of such boards, within two days

of such election, shall cause one of such duplicate certificates to be delivered to the clerk of the nation, who shall immediately record the same in the records of the nation. Such boards of inspectors and the president and clerk of the nation shall constitute the board of national canvassers; and, on the Tuesday following such election, shall meet at the court-house on the Cattaraugus reservation at ten o'clock in the forenoon, examine such certificates, ascertain the result of such election, and declare such persons elected as have received the highest number of votes; and such. board of national canvassers, or a majority of them, shall before adjournment, execute a certificate containing a statement of the whole number of votes cast for each candidate and the name of each candidate declared to be elected to any office; such certificate shall be attested by the clerk of the nation who shall immediately record the same in the records of the nation, and such certificate shall be evidence of the result of such election. The term of office of each officer elected at such election shall, unless elected to fill a vacancy, be two years, and shall commence on the completion of the canvass of the votes by the board of national canvassers. There shall be an annual election in the Tonawanda nation on the first Tuesday in June. At such election, successors shall be elected to the officers of such nation whose terms shall expire with such election, or during the calendar month next thereafter. The oldest peacemaker present at such election and the clerk of such nation shall be the president and clerk of the meeting, and shall keep minutes of the proceedings and results of such election. If either of such officers are absent from the meeting, the qualified voters present thereat shall choose a qualified voter to act in his stead. The officers elected at such meeting shall be chosen, upon the nomination of an elector, by ballot, or by the ayes and noes, as the meeting shall determine; and a plurality of votes shall be necessary to elect. The presiding officer and clerk of such meeting shall count the votes cast thereat and announce the result thereof. The result of such election shall be entered and certified by the president and clerk thereof in a book provided by such nation, called the register of election, which book shall be evidence of the result of elections entered therein. The terms of office of the officers elected shall be one year, and shall commence on the first Tuesday of July next after the election. (As amended by chap. 229 of 1893, § 1, and chap. 253 of 1900.)

$43. Qualification of voters and eligibility to office.- Every