§ 46 — Peacemakers' courts

§ 46. Peacemakers' courts. The peacemakers for each of the three\nreservations, the Allegany, the Cattaraugus and the Tonawanda\nreservations, shall respectively constitute the peacemakers' courts\nthereof, and the eldest peacemaker of each of such courts shall be the\npresiding officer thereof. Any two of the peacemakers of any reservation\nshall be competent to perform any of the duties or exercise any of the\npowers assigned to the peacemakers of such reservation. The peacemakers'\ncourt of each such reservation shall have authority to hear and\ndetermine all matters, disputes and controversies between any Indians\nresiding upon such reservation, whether arising upon contracts or for\nwrongs, and particularly for any encroachments or trespass on any land\ncultivated or occupied by any one of them, and which shall have been\nentered and described in the clerk's books of records; but they shall\nnot take cognizance of any claim founded upon any debt or demand\noriginally contracted with a non-Indian. And said peacemakers shall have\npower to make all needful rules and by-laws for notifying and bringing\nthe parties to such matters, disputes and controversies as may arise\nunder the provisions of this section before them, and for the regulation\nof all proceedings thereon, and for the hearing and determination\nthereof, and for the enforcing obedience to such rules and by-laws. They\nshall publicly hear the proofs and allegations of the parties to such\nmatter, dispute or controversy, and shall publicly declare and make\nknown their determination therein within four days after such matter,\ndispute or controversy shall be finally submitted to them by the\nparties. They shall have power to enforce obedience to such rules and\nby-laws, and shall have power to issue and enforce the observance of\norders or notices for the appearance and attendance of witnesses before\nthem to testify and give evidence in any such matter, dispute or\ncontroversy so pending before them, and may compel the appearance before\nthem of such witness by attachment or by fine, for not appearing, in the\nsame manner as is now provided by law for compelling the attendance of\nwitnesses in courts of justices of the peace in this state. They may\nadminister oaths to witnesses produced by the parties on any such\nhearing, and cause them to be examined on oath, and may examine any\nparty to any such matter, dispute or controversy so pending before them,\non oath as a witness, when such examination shall be required by an\nadverse party. A peacemakers' court of the Allegany or Cattaraugus\nreservation shall also have jurisdiction to grant divorces between\nIndians residing on such reservation and to hear and determine all\nquestions and actions between individual Indians residing thereon\ninvolving the title to real estate on such reservation. If either of the\nparties to a controversy of which a peacemakers' court has jurisdiction\nresides on the Allegany reservation and either of the other parties\nresides on the Cattaraugus reservation, the peacemakers' court of either\nreservation has jurisdiction thereof.\n