State Codes and Statutes

Statutes > New-york > Ind > Article-2 > 8

§  8. Intrusion on tribal lands.  Except as otherwise provided by law,  no person  shall  settle  or  reside,  conduct  a  business,  operate  a  junkyard,  or establish or contribute to an automobile graveyard or dump  of any kind, upon any lands owned or occupied by any  nation,  tribe  or  band  of  Indians,  except  the  members  of such nation, tribe or band.  Without the permission of the council or other similar authority of  any  Indian  reservation,  no  person  shall hereafter establish, conduct and  operate, or contribute to the establishment, conduct  and  operation  of  any junkyard, automobile graveyard or dump on any land within the limits  of an Indian reservation.  Any lease, contract or agreement in violation  of  this  section shall be void. The county judge of the county in which  such lands are situated, upon complaint made to him, of a  violation  of  this  section  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 the chiefs, councilors or head man  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. If a person, conducting a business, operating  a  junkyard,  or  having  established  or  contributed to an automobile graveyard or dump,  shall have been determined to be an intruder under  this  section,  such  judge  may, in addition to any other penalty prescribed by this section,  order the removal of such business, junkyard,  automobile  graveyard  or  dump within a reasonable time.

State Codes and Statutes

Statutes > New-york > Ind > Article-2 > 8

§  8. Intrusion on tribal lands.  Except as otherwise provided by law,  no person  shall  settle  or  reside,  conduct  a  business,  operate  a  junkyard,  or establish or contribute to an automobile graveyard or dump  of any kind, upon any lands owned or occupied by any  nation,  tribe  or  band  of  Indians,  except  the  members  of such nation, tribe or band.  Without the permission of the council or other similar authority of  any  Indian  reservation,  no  person  shall hereafter establish, conduct and  operate, or contribute to the establishment, conduct  and  operation  of  any junkyard, automobile graveyard or dump on any land within the limits  of an Indian reservation.  Any lease, contract or agreement in violation  of  this  section shall be void. The county judge of the county in which  such lands are situated, upon complaint made to him, of a  violation  of  this  section  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 the chiefs, councilors or head man  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. If a person, conducting a business, operating  a  junkyard,  or  having  established  or  contributed to an automobile graveyard or dump,  shall have been determined to be an intruder under  this  section,  such  judge  may, in addition to any other penalty prescribed by this section,  order the removal of such business, junkyard,  automobile  graveyard  or  dump within a reasonable time.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ind > Article-2 > 8

§  8. Intrusion on tribal lands.  Except as otherwise provided by law,  no person  shall  settle  or  reside,  conduct  a  business,  operate  a  junkyard,  or establish or contribute to an automobile graveyard or dump  of any kind, upon any lands owned or occupied by any  nation,  tribe  or  band  of  Indians,  except  the  members  of such nation, tribe or band.  Without the permission of the council or other similar authority of  any  Indian  reservation,  no  person  shall hereafter establish, conduct and  operate, or contribute to the establishment, conduct  and  operation  of  any junkyard, automobile graveyard or dump on any land within the limits  of an Indian reservation.  Any lease, contract or agreement in violation  of  this  section shall be void. The county judge of the county in which  such lands are situated, upon complaint made to him, of a  violation  of  this  section  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 the chiefs, councilors or head man  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. If a person, conducting a business, operating  a  junkyard,  or  having  established  or  contributed to an automobile graveyard or dump,  shall have been determined to be an intruder under  this  section,  such  judge  may, in addition to any other penalty prescribed by this section,  order the removal of such business, junkyard,  automobile  graveyard  or  dump within a reasonable time.