Section 55. Allotment of lands  


Latest version.
  • All  lands  on  either  the Allegany,
      Cattaraugus or Tonawanda reservations, except such as have been allotted
      by the national council,  or  lands  on  the  Allegany  and  Cattaraugus
      reservations,  appropriated,  cultivated  and  improved  by an Indian or
      Indian family or the heirs thereof, in  accordance  with  the  laws  and
      usages  of  the Seneca nation, or lands on the Tonawanda reservation, to
      which the possessors have become entitled in pursuance of law without an
      allotment, shall be held in common by the Seneca and Tonawanda  nations,
      respectively,  and be subject to the control of the council thereof. The
      common land shall not be appropriated by  any  Indian  to  his  own  use
      without  the consent of the council, who shall, on application, allot to
      any Indian or Indian family, so much of the common lands as  they  shall
      deem  reasonable  and  an equitable proportion in reference to the whole
      number not possessing land. A description of the land desired  shall  be
      submitted  to  the council.  Upon the approval of the council, certified
      by the presiding officer and clerk  thereof,  such  description  may  be
      recorded  in  the clerk's book of records. A description of lands on the
      Tonawanda reservation, appropriated,  cultivated  and  improved  by  any
      Indian  or Indian family or the heirs thereof, after November fifteenth,
      eighteen hundred and forty-seven, may be recorded at  any  time  in  the
      clerk's  book  of  records.    The  possessors of lands on the Allegany,
      Cattaraugus  and  Tonawanda  reservations,  descriptions  of  which  are
      recorded,  shall,  from  the  time  of  recording  only,  be entitled to
      maintain suits for encroachment or trespass thereon.