INDIAN LAW L. 1909, Ch. 31. "An Act in relation to Indians, constituting chapter twenty-six of the Consolidated Laws." (In effect February 17, 1909.) CHAPTER 26 OF THE CONSOLIDATED LAWS 2. General provisions (§§ 2-16). 5. The Seneca Indians on the Allegany and Cattarau- 6. The Seneca Indians on the Tonawanda Reservation (§§ 80-90). 7. The Tuscarora nation (§§ 95-99). 8. The Saint Regis tribe (§§ 100-113). 9. The Shinnecock tribe (§§ 120-122). 10. Laws repealed; when to take effect (§§ 125, 126). Explanation. For location and disposition of former sections of the Indian Law see L. 1892, Ch. 679, in " Consolidated Schedule of Repeals," Vol. 7. §§ 2-4 Section General Provisions. 6. Exemption of reservation lands from taxation. 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. Art. 2 13. Powers of commissioners of land office in relation to Indians. 14. Trust funds for Indians. 15. Freedom from toll and ferriage. 16. Supervision of bridges on reservations. § 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. Formerly L. 1892, ch. 679, § 2, as am'd by L. 1893, ch. 229, § 1. § 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. Formerly L. 1892, ch. 679, § 3. § 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 Art. 2 General Provisions. 885-7 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. Formerly L. 1892, ch. 679, § 4. § 5. Actions in state courts. Any demand or right of action, jurisdiction of which is not conferred upon a peacemakers' court, may be prosecuted and enforced in any court of the state, the same as if all the parties thereto were citizens. Formerly L. 1892, ch. 679, § 5. § 6. Exemption of reservation lands from taxation. No taxes shall be assessed, for any purpose whatever, upon any Indian reservation in this state, so long as the land of such reservation shall remain the property of the nation, tribe or band occupying the same. Formerly L. 1892, ch. 679, § 6. § 7. Partition of tribal lands. Any nation, tribe or band of Indians which owns and occupies land in this state as the common property of such nation, tribe or band may, by the act of its Indian government, divide such lands into lots, and distribute and partition the same, quantity and quality relatively considered, among the individuals and families of such nation, tribe or band, so that the same may be held in severalty and in fee simple, according to the laws of this state. No lands occupied and improved by any Indian according to the laws, usages or customs of the nation, tribe or band shall be set off to any person other than the occupant or his family. The officers, agents or commissioners to execute the deeds to effect such partition shall be appointed by the nation, tribe or band, whose lands are to be distributed, subject to the approval of the commissioners of the land office. They shall go before the county judge of the county in which such lands are situated, and prove to his satisfaction that they are authorized to effect such transfers, and shall acknowledge $ 8 General Provisions. Art. 2 before him the deeds necessary therefor. The county judge shall examine such deeds, and his indorsement thereon that he has examined the same, and that they are executed in pursuance of authority duly conferred, shall authorize the county clerk to record such deeds. Lands partitioned or distributed in pursuance of this section shall not be subject to any lien or incumbrance, by way of mortgage, judgment or otherwise, or be alienable by the grantce or his heirs, for twenty years after the recording of the deed effecting the partition; but may be partitioned among the heirs of a grantee who dies. Formerly L. 1892, ch. 679, § 7. § 8. Intrusions on tribal lands. Except as otherwise provided by law, no person shall settle or reside upon any lands owned or occupied by any nation, tribe or band of Indians, except the members of such nation, tribe or band; and any lease, contract or agreement permitting such residence shall be void. The county judge of the county in which such lands are situated, upon complaint made to him, of such illegal residence, shall, if he thinks there is reasonable ground therefor, issue a notice directed to the person against whom complaint is made, requiring him to appear before such judge at a time and place therein specified, to answer the complaint. Such judge shall attend at the time and place mentioned in the notice, and upon proof of the personal service of such notice, shall take proof of the facts alleged in the complaint, and shall determine whether such person is an intruder upon the lands of such reservation. If he shall determine that such person is an intruder, he shall issue a warrant to the sheriff of the county commanding him, within ten days after the receipt thereof, to remove such person from such lands. If such judge shall determine that such person has been removed from such lands on a previous occasion, he shall issue his warrant commanding the sheriff, within ten days from the receipt thereof, to remove such person and commit him to the county jail for the space of thirty days, without being entitled to the limits or the liberties of such jail; and such judge shall cause such conviction to be drawn up and filed in the office of the county clerk, which conviction shall be final. In the execution of either of such warrants the sheriff shall have the same powers as in the execution of criminal process, and shall be paid by the state such compensation as the comptroller shall certify as reasonable. The district attorney of any county in which reservation lands are situated, upon the written application of a majority of Art. 2 General Provisions. 889-11 the chiefs, councilors or head men of the nation, tribe or band owning and occupying such lands, shall make complaint of any intrusions on such lands, and cause the intruders to be removed. Formerly L. 1892, ch. 679, § 8, as am'd by L. 1893, ch. 229, § 1. § 9. Residence of other Indians on tribal lands. The chiefs, head men or councilors of any nation, tribe or band of Indians other than the Seneca nation, in council assembled, may, by a majority vote, grant a written permit to any Indian not a member of such nation, tribe or band, to reside upon the tribal lands thereof, and may limit the time and regulate the terms upon which any Indians, not members of such nation, tribe or band, may settle or reside upon such tribal lands. The permit shall describe the boundaries of the land permitted to be occupied, the length of time and the terms upon which such Indian may reside upon such land, and shall be signed by the presiding officer and the secretary or clerk of the council. The council of the Seneca nation may admit an Indian of any other nation, tribe or band, to become an inhabitant of their reservations and to enjoy the same privileges with the. All leases, contracts and agreements, not authorized by this chapter, whereby any Indians not members of such nation, tribe or band, shall be permitted to reside on the tribal lands of such nation, tribe or band shall be void; and the Indians illegally occupying such lands shall be liable to removal as intruders. Formerly L. 1892, ch. 679, § 9, as am'd by L. 1893, ch. 229, § 1. § 10. Licenses to reside upon tribal lands. A county judge of a county in which lands of any nation, tribe or band of Indians are situated, may, upon the request of such nation, tribe or band, grant a written license to a schoolmaster, teacher or family of teachers to reside upon such lands, and for that purpose to occupy not to exceed fifty acres thereof, or may grant a written license to a person to reside upon such lands for the purpose of instructing the Indians in agriculture or the mechanic arts, or assisting them in erecting or in keeping in repair a mill or other machinery, or in the manufacture of salt. Such judge may revoke such license, and shall revoke it whenever it shall appear that the licensee has sold or given away to any Indian spirituous liquor or intoxicating drink. Upon the revocation of any such license, the licensee may be removed as an intruder. Formerly L. 1892, ch. 679, § 10. § 11. Trespasses on tribal lands. An action may be brought, in the name of the people of the state, against any per |