State Codes and Statutes

Statutes > New-york > Ind > Article-4 > 46

§  46.  Peacemakers'  courts.    The peacemakers for each of the three  reservations,  the  Allegany,  the   Cattaraugus   and   the   Tonawanda  reservations,  shall  respectively  constitute  the  peacemakers' courts  thereof, and the eldest peacemaker of each of such courts shall  be  the  presiding officer thereof. Any two of the peacemakers of any reservation  shall  be  competent to perform any of the duties or exercise any of the  powers assigned to the peacemakers of such reservation. The peacemakers'  court of  each  such  reservation  shall  have  authority  to  hear  and  determine  all  matters,  disputes and controversies between any Indians  residing upon such reservation, whether arising upon  contracts  or  for  wrongs,  and  particularly for any encroachments or trespass on any land  cultivated or occupied by any one of them, and  which  shall  have  been  entered  and  described  in the clerk's books of records; but they shall  not take cognizance of  any  claim  founded  upon  any  debt  or  demand  originally contracted with a non-Indian. And said peacemakers shall have  power  to  make all needful rules and by-laws for notifying and bringing  the parties to such matters, disputes and  controversies  as  may  arise  under the provisions of this section before them, and for the regulation  of  all  proceedings  thereon,  and  for  the  hearing and determination  thereof, and for the enforcing obedience to such rules and by-laws. They  shall publicly hear the proofs and allegations of the  parties  to  such  matter,  dispute  or  controversy,  and  shall publicly declare and make  known their determination therein within four days  after  such  matter,  dispute  or  controversy  shall  be  finally  submitted  to  them by the  parties. They shall have power to enforce obedience to  such  rules  and  by-laws,  and  shall  have  power to issue and enforce the observance of  orders or notices for the appearance and attendance of witnesses  before  them  to  testify  and  give  evidence  in  any  such matter, dispute or  controversy so pending before them, and may compel the appearance before  them of such witness by attachment or by fine, for not appearing, in the  same manner as is now provided by law for compelling the  attendance  of  witnesses  in  courts  of  justices of the peace in this state. They may  administer oaths to witnesses  produced  by  the  parties  on  any  such  hearing,  and  cause  them  to  be examined on oath, and may examine any  party to any such matter, dispute or controversy so pending before them,  on oath as a witness, when such examination  shall  be  required  by  an  adverse  party.  A  peacemakers'  court  of  the Allegany or Cattaraugus  reservation shall also  have  jurisdiction  to  grant  divorces  between  Indians  residing  on  such  reservation  and  to hear and determine all  questions  and  actions  between  individual  Indians  residing  thereon  involving the title to real estate on such reservation. If either of the  parties  to a controversy of which a peacemakers' court has jurisdiction  resides on the Allegany reservation and  either  of  the  other  parties  resides on the Cattaraugus reservation, the peacemakers' court of either  reservation has jurisdiction thereof.

State Codes and Statutes

Statutes > New-york > Ind > Article-4 > 46

§  46.  Peacemakers'  courts.    The peacemakers for each of the three  reservations,  the  Allegany,  the   Cattaraugus   and   the   Tonawanda  reservations,  shall  respectively  constitute  the  peacemakers' courts  thereof, and the eldest peacemaker of each of such courts shall  be  the  presiding officer thereof. Any two of the peacemakers of any reservation  shall  be  competent to perform any of the duties or exercise any of the  powers assigned to the peacemakers of such reservation. The peacemakers'  court of  each  such  reservation  shall  have  authority  to  hear  and  determine  all  matters,  disputes and controversies between any Indians  residing upon such reservation, whether arising upon  contracts  or  for  wrongs,  and  particularly for any encroachments or trespass on any land  cultivated or occupied by any one of them, and  which  shall  have  been  entered  and  described  in the clerk's books of records; but they shall  not take cognizance of  any  claim  founded  upon  any  debt  or  demand  originally contracted with a non-Indian. And said peacemakers shall have  power  to  make all needful rules and by-laws for notifying and bringing  the parties to such matters, disputes and  controversies  as  may  arise  under the provisions of this section before them, and for the regulation  of  all  proceedings  thereon,  and  for  the  hearing and determination  thereof, and for the enforcing obedience to such rules and by-laws. They  shall publicly hear the proofs and allegations of the  parties  to  such  matter,  dispute  or  controversy,  and  shall publicly declare and make  known their determination therein within four days  after  such  matter,  dispute  or  controversy  shall  be  finally  submitted  to  them by the  parties. They shall have power to enforce obedience to  such  rules  and  by-laws,  and  shall  have  power to issue and enforce the observance of  orders or notices for the appearance and attendance of witnesses  before  them  to  testify  and  give  evidence  in  any  such matter, dispute or  controversy so pending before them, and may compel the appearance before  them of such witness by attachment or by fine, for not appearing, in the  same manner as is now provided by law for compelling the  attendance  of  witnesses  in  courts  of  justices of the peace in this state. They may  administer oaths to witnesses  produced  by  the  parties  on  any  such  hearing,  and  cause  them  to  be examined on oath, and may examine any  party to any such matter, dispute or controversy so pending before them,  on oath as a witness, when such examination  shall  be  required  by  an  adverse  party.  A  peacemakers'  court  of  the Allegany or Cattaraugus  reservation shall also  have  jurisdiction  to  grant  divorces  between  Indians  residing  on  such  reservation  and  to hear and determine all  questions  and  actions  between  individual  Indians  residing  thereon  involving the title to real estate on such reservation. If either of the  parties  to a controversy of which a peacemakers' court has jurisdiction  resides on the Allegany reservation and  either  of  the  other  parties  resides on the Cattaraugus reservation, the peacemakers' court of either  reservation has jurisdiction thereof.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Ind > Article-4 > 46

§  46.  Peacemakers'  courts.    The peacemakers for each of the three  reservations,  the  Allegany,  the   Cattaraugus   and   the   Tonawanda  reservations,  shall  respectively  constitute  the  peacemakers' courts  thereof, and the eldest peacemaker of each of such courts shall  be  the  presiding officer thereof. Any two of the peacemakers of any reservation  shall  be  competent to perform any of the duties or exercise any of the  powers assigned to the peacemakers of such reservation. The peacemakers'  court of  each  such  reservation  shall  have  authority  to  hear  and  determine  all  matters,  disputes and controversies between any Indians  residing upon such reservation, whether arising upon  contracts  or  for  wrongs,  and  particularly for any encroachments or trespass on any land  cultivated or occupied by any one of them, and  which  shall  have  been  entered  and  described  in the clerk's books of records; but they shall  not take cognizance of  any  claim  founded  upon  any  debt  or  demand  originally contracted with a non-Indian. And said peacemakers shall have  power  to  make all needful rules and by-laws for notifying and bringing  the parties to such matters, disputes and  controversies  as  may  arise  under the provisions of this section before them, and for the regulation  of  all  proceedings  thereon,  and  for  the  hearing and determination  thereof, and for the enforcing obedience to such rules and by-laws. They  shall publicly hear the proofs and allegations of the  parties  to  such  matter,  dispute  or  controversy,  and  shall publicly declare and make  known their determination therein within four days  after  such  matter,  dispute  or  controversy  shall  be  finally  submitted  to  them by the  parties. They shall have power to enforce obedience to  such  rules  and  by-laws,  and  shall  have  power to issue and enforce the observance of  orders or notices for the appearance and attendance of witnesses  before  them  to  testify  and  give  evidence  in  any  such matter, dispute or  controversy so pending before them, and may compel the appearance before  them of such witness by attachment or by fine, for not appearing, in the  same manner as is now provided by law for compelling the  attendance  of  witnesses  in  courts  of  justices of the peace in this state. They may  administer oaths to witnesses  produced  by  the  parties  on  any  such  hearing,  and  cause  them  to  be examined on oath, and may examine any  party to any such matter, dispute or controversy so pending before them,  on oath as a witness, when such examination  shall  be  required  by  an  adverse  party.  A  peacemakers'  court  of  the Allegany or Cattaraugus  reservation shall also  have  jurisdiction  to  grant  divorces  between  Indians  residing  on  such  reservation  and  to hear and determine all  questions  and  actions  between  individual  Indians  residing  thereon  involving the title to real estate on such reservation. If either of the  parties  to a controversy of which a peacemakers' court has jurisdiction  resides on the Allegany reservation and  either  of  the  other  parties  resides on the Cattaraugus reservation, the peacemakers' court of either  reservation has jurisdiction thereof.