§ 54 — Prosecution of actions and disposition of recovery

§ 54. Prosecution of actions and disposition of recovery. The Seneca\nnation may prosecute by the name of "The Seneca Nation of Indians,"\nactions and proceedings to protect their rights and interests to the\nAllegany, Cattaraugus and "oil spring reservations," and may maintain an\naction to recover the possession of any part of such reservations\nunlawfully withheld from them, and an action for injury to the soil of\nsuch reservations, or for cutting down or removing or converting timber\nor wood growing or being thereon, or an action of replevin for timber or\nwood removed therefrom, and for the recovery of damage for injury to the\ncommon property or rights of such Indians, or for the recovery of money,\nproperty or effects, due or to become due, or belonging, or in any way\nappertaining to such Indians in common, or to the Seneca nation; and in\nevery such suit, action or proceeding in relation to lands or real\nestate, situated within the said reservations, the Seneca nation may\nallege a seisin in fee; and every recovery in such action shall be as\nand for, and in reference to a fee; but neither such recovery nor\nanything herein contained shall enlarge or in any way affect the rights,\ntitle or interest of the Seneca nation, or of such Indians in and to\nsuch reservations, as between them and the grantees or assignees of the\npre-emption right of such reservations under the grants of the state of\nMassachusetts. And no such action shall be defeated or barred on the\nground that any land in relation to which such action is brought, or\nfrom which any timber or wood, logs or other property may have been\nremoved or taken, and which may be the subject of any such suit, was in\nthe possession of any individual Indian, but the occupancy of any part\nof the said reservations by any individual Indian, shall be deemed to\nhave been and to be the possession of the Seneca nation; nor shall any\nlicense, consent, lease, agreement or any interest whatever, made or\ngiven by any individual Indian or Indians, be received in evidence in\nany such action in bar, defense or mitigation of damages, and when it\nshall be necessary to bring any such action before a justice of the\npeace, the same may be brought and maintained before any such justice,\nresiding in the county where the defendant may be found, whether the\ncause of action arose in such county or not. Actions or proceedings may\nbe prosecuted by the Tonawanda nation by the name of "The Tonawanda\nNation of Indians." If a bond or undertaking shall be necessary for the\nprosecution or defense of an action or proceeding, the attorney of\neither of such nations may execute a bond or undertaking in the name and\nin behalf of the nation, which nation shall be liable thereon. If any\ncosts shall be recovered against either of such nations in any action\nprosecuted or defended by the attorney thereof, no execution shall be\nissued therefor, but such costs shall be paid by the treasurer of the\nstate, out of any annuity or interest money payable by the state to such\nnation, upon producing to the comptroller a certificate of the attorney\nof such recovery, and a certified copy of the judgment awarding such\ncosts. All sums recovered in any action brought by the attorney thereof\nfor the benefit of either of such nations, after deducting such costs\nand expense as shall be certified to by the judge before whom the case\nwas tried, shall be paid to the treasurer of the nation.\n