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New York · Through 2026-09-11

N.Y. Indian Law § 46: Peacemakers' courts

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Where this section sits in the code
  1. Indian Law
  2. Article 4. The Seneca Indians

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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