Section 46. Peacemakers' courts  


Latest version.
  • 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.