be entitled to demand of such nation, the costs of such suit, if he shall fail to recover, or be unable to collect such costs, of the defendants. § 75. Vacancies in elective offices.--If a vacancy occur in the office of the president of the Seneca nation, such office shall be filled by the council by a majority vote thereof, and a meeting of the council for that purpose shall be called by the clerk of the nation upon a written petition presented to him, signed by at least ten electors of such nation. If a vacancy occur in any other office of such nation, such office shall be filled by appointment by the president of the nation, under his hand and the seal of the nation. (As amended by chap. 229 of 1893, § 1.) 876. Payment of annuities.-The annuities due to such nation shall be payable to the council, or to an agent or committee appointed by the council, to be distributed according to the custom of such Indians. 877. Policemen at annual fair. The board of commissioners of the Niagara frontier police district may, upon the written request of at least five of the councilors of the Seneca nation, detail two or more policemen of such district to attend and preserve peace and good order at the annual fair of the Iroquois Agricultural Society on the Cattaraugus reservation; the reasonable expenses of such policemen to be defrayed by such nation. ARTICLE V. THE SENECA INDIANS ON THE TONAWANDA RESERVATION. SECTION 80. General powers and duties of council. 81. Attorney. 82. Vacancies in elective offices. 83. Leases to white persons. 84. Sale of gypsum. 85. Payment of annuity. 86. Indian trespasses on common land. 87. Encroachment by Indians on occupied lands. 88. Court of impeachment. § 80. General powers and duties of council.- The council of the Tonawanda nation may determine upon the laying out and working of roads and highways, and may make by-laws for the regulation of such work; may pass by-laws and ordinances, not inconsistent with law, for the protection and improvement of the common land of the nation; for the regulation The Seneca Indians on the Tonawanda Reservation. §§ 81-83 of fences; and for the prevention of trespasses by cattle and other domestic animals; and may provide a penalty of not exceeding five dollars, for the violation or disobedience of any such by-law or ordinance, recoverable for the benefit of such nation by any chief or officer thereof, in any justice's court of the county of Genesee. 81. Attorney. The district attorney for the county of Genesee shall continue to be the attorney for the Tonawanda nation of Indians, and shall be paid by the state an annual salary of one hundred and fifty dollars. He shall advise such Indians in relation to their affairs, and in relation to controversies between themselves or with any other person; shall prosecute such actions and proceedings for them, or any of them, as he may deem proper and necessary; and shall, on a written complaint of a majority of the chiefs of such nation, when any trespass has been committed on the lands of such reservation, or any timber, wood or logs have been cut, carried away or converted by any person, not an Indian, to his own use, immediately commence the proper suit for the recovery of such property or of damages for such injury. 82. Vacancies in elective offices. If a vacancy shall occur in any office of the Tonawanda nation, any chief of such nation may call a special meeting of the chiefs thereof residing on such reservation, to be held at one of their council houses, by a notice specifying the time and place thereof, served on such chiefs personally or left at their respective places of residence at least five days before the time of such meeting. At such meeting the chiefs present shall appoint a clerk, and by a majority vote shall elect a person to fill such vacancy for the remainder of the unexpired term. The clerk of such meeting shall enter and certify the result of such election in the register of elections. 83. Leases to white persons.-Any Indian residing on the Tonawanda reservation who is a member of such nation, may lease on shares to any white person, improved land owned or possessed by him, by a written lease approved by the indorsement of the attorney of such nation thereon, and after having obtained a permit from a council of such nation signed by the presiding officer and clerk thereof. No permit shall be granted by such council, unless the Indian applying therefor, shall show to the satisfaction of such council, how much land he proposes to lease, that it is within the bounds of his occupied improvements, that it is inclosed by a lawful fence, that he has cultivated or is about to cultivate as much of his improvement as his ability will allow, and that the permit asked for only covers the leasing of such part of his improvements as he has not the ability or means to cultivate. Any such lease or contract made without such permit or without the approval of the attorney of such band shall be void. The person occupying under any such void lease shall be liable to be removed as an intruder. All rents due on any lease made in violation of this section, and all crops or produce raised thereunder shall be forfeited, and the value thereof shall be recoverable from the person violating this section, by the attorney of such nation, for the benefit thereof. Ace.359 884. Sale of gypsum.-The attorney of such nation, for the benefit of such nation, may contract for the sale of any gypsum or plaster stone upon the Tonawanda reservation, on such terms. as he may deem just, but for not less than one dollar a cord in the quarry for the first five hundred cords taken out each year, and fifty cents for each additional cord,which contract shall be in writing, to be performed within twenty years from the making thereof. A person purchasing such gypsum, at the time of contracting, shall execute a bond, with sufficient sureties, approved by such attorney, conditioned for the faithful execution of such contract, and the payment of the purchase price of such gypsum or plaster stone. Upon executing such bond, such person may lawfully enter upon such reservation, at the place or places designated in such contract, whether upon the common lands, or upon the individual improvements of the members thereof, for the purpose of quarrying and removing such gypsum or stone, doing no unnecessary damage or injury. Out of the moneys arising from such sale, the attorney shall pay to the persons entitled thereto, for any injury or damage necessarily done to individual improvements or property, by the quarrying or removal of such gypsum or stone, which damages, in case of disagreement, shall be fixed by three commissioners appointed by the county court of Genesee county, upon the application of the party aggrieved, three days' notice of such application having been given to such attorney. The surplus moneys arising from such sale remaining in the hands of such attorney after the payment of such damages, shall be paid by him, for the benefit of such nation, to the Indian agent appointed by the United States government for the state of New The Seneca Indians on the Tonawanda Reservation. S$ 85-87 York. Such money shall be added to the annuity granted by the United States to such nation, and distributed and paid over to such nation at the same time and in the same manner as such annuity. Such agent shall receive for his services in receiving, distributing and paying over such moneys, five per centum of the amount received by him from the attorney of such nation. (As amended by chap. 315 of 1899.) § 85. Payment of annuity.-The proportionate share of such nation to the annuity of five hundred dollars, agreed to be paid by the state of New York under a treaty dated September 12th, 1815, shall be paid by the treasurer of the state to the treasurer of the Tonawanda nation. Their proportionate share shall be determined by the ratio that their numbers bear to the whole number of Senecas residing in other parts of the state, having an interest in such annuity. § 86. Indian trespasses on common land.—If any Indian of the Tonawanda nation shall occupy any of the common lands of his nation without having obtained from the council an allotment thereof, as required by law, the council shall cause a notice to be served upon such Indian, signed by the presiding officer and clerk thereof, describing the lands so occupied, and requiring such Indian to remove therefrom, or within ten days after the personal service upon him of such notice, to show cause at a time and place therein mentioned, before the council, why he should not be removed therefrom. If such Indian shall not remove from such lands as required by the notice, or shall not show sufficient cause to the council why he should not be removed therefrom, the council, upon due proof of the personal service of such notice on the person to whom it was directed, and that the lands occupied by such person are common lands of the nation not held by such person in pursuance of law, shall issue an order to the marshal, commanding him to forthwith remove such person, which order shall be signed by the presiding officer, and clerk of the council. (Added by chap. 229 of 1893, 2.) 87. Encroachment by Indians on occupied lands.-Whenever complaint shall be made to the peacemakers of the Tonawanda reservation, by any Indians lawfully residing upon any cultivated land of such reservation which shall have been entered and described in the clerk's books of records, that an encroachment is being made by other Indians on such lands, they shall issue a notice to the persons against whom complaint is made, stating the cause of complaint and requiring such persons to appear before them at a time and place therein specified to show cause why the complainant should not be put into full and peaceable possession of such lands; which notice shall be immediately served upon such persons. At the time and place mentioned in such notice the peacemakers, on proof of the personal service of such notice on the persons against whom complaint is made, shall hear the proofs of the parties, and shall forthwith determine whether an encroachment has been made and the extent thereof. If they shall determine that an encroachment has been made, they shall issue an order to the marshal of such reservation commanding him to forthwith remove such encroachments and put the complainant into full possession of such lands. (Added by chap. 229 of 1893, § 2.) 88. Court of impeachment.- The court of impeachment, as provided by the constitution of the Seneca nation, shall be called together by the clerk of the nation, upon a written petition, presented to him, signed by at least twenty electors of said nation. (Added by chap. 253 of 1900.) §84 added or c. 296. ARTICLE VI. THE TUSCARORA NATION. SECTION 90. Allotment of lands. 91. Consent of chiefs to sales of timber. 92. Indian trespassers. 93. Illegal sales of timber and trees. § 90. Allotment of lands.-The chiefs or' head men of the Tuscarora nation of Indians in the county of Niagara, in council, shall allot and set apart for any Indian or Indian family, making application and not possessing land so much of the tribal lands as they shall deem reasonable and just; and no tribal lands shall be appropriated by any Indian to his own use, without such consent and allotment. Such chiefs, in council, may appoint a clerk, who shall enter in a book kept for that purpose, every allotment of tribal lands, set apart for any Indian or Indian family, and of the part thereof from which such Indian or family may sell timber and trees, and of the part he is permitted to clear for the purposes of cultivation. 91. Consent of chiefs to sales of timber.-Any Indian having tribal lands allotted to him by the chiefs, with the consent of such chiefs entered in the clerk's book, may sell for his own benefit any timber or trees on that portion of such lands which |