§ 55 — Allotment of lands

New York § 55

• Jurisdiction: New York
• Law IND: Indian
• Art. 4: The Seneca Indians

Text

§ 55. Allotment of lands. All lands on either the Allegany,\nCattaraugus or Tonawanda reservations, except such as have been allotted\nby the national council, or lands on the Allegany and Cattaraugus\nreservations, appropriated, cultivated and improved by an Indian or\nIndian family or the heirs thereof, in accordance with the laws and\nusages of the Seneca nation, or lands on the Tonawanda reservation, to\nwhich the possessors have become entitled in pursuance of law without an\nallotment, shall be held in common by the Seneca and Tonawanda nations,\nrespectively, and be subject to the control of the council thereof. The\ncommon land shall not be appropriated by any Indian to his own use\nwithout the consent of the council, who shall, on application, allot to\nany Indian or Indian family, so much of the common lands as they shall\ndeem reasonable and an equitable proportion in reference to the whole\nnumber not possessing land. A description of the land desired shall be\nsubmitted to the council. Upon the approval of the council, certified\nby the presiding officer and clerk thereof, such description may be\nrecorded in the clerk's book of records. A description of lands on the\nTonawanda reservation, appropriated, cultivated and improved by any\nIndian or Indian family or the heirs thereof, after November fifteenth,\neighteen hundred and forty-seven, may be recorded at any time in the\nclerk's book of records. The possessors of lands on the Allegany,\nCattaraugus and Tonawanda reservations, descriptions of which are\nrecorded, shall, from the time of recording only, be entitled to\nmaintain suits for encroachment or trespass thereon.\n