N.Y. Indian Law § 54: Prosecution of actions and disposition of recovery

§ 54. Prosecution of actions and disposition of recovery. The Seneca

nation may prosecute by the name of "The Seneca Nation of Indians,"

actions and proceedings to protect their rights and interests to the

Allegany, Cattaraugus and "oil spring reservations," and may maintain an

action to recover the possession of any part of such reservations

unlawfully withheld from them, and an action for injury to the soil of

such reservations, or for cutting down or removing or converting timber

or wood growing or being thereon, or an action of replevin for timber or

wood removed therefrom, and for the recovery of damage for injury to the

common property or rights of such Indians, or for the recovery of money,

property or effects, due or to become due, or belonging, or in any way

appertaining to such Indians in common, or to the Seneca nation; and in

every such suit, action or proceeding in relation to lands or real

estate, situated within the said reservations, the Seneca nation may

allege a seisin in fee; and every recovery in such action shall be as

and for, and in reference to a fee; but neither such recovery nor

anything herein contained shall enlarge or in any way affect the rights,

title or interest of the Seneca nation, or of such Indians in and to

such reservations, as between them and the grantees or assignees of the

pre-emption right of such reservations under the grants of the state of

Massachusetts. And no such action shall be defeated or barred on the

ground that any land in relation to which such action is brought, or

from which any timber or wood, logs or other property may have been

removed or taken, and which may be the subject of any such suit, was in

the possession of any individual Indian, but the occupancy of any part

of the said reservations by any individual Indian, shall be deemed to

have been and to be the possession of the Seneca nation; nor shall any

license, consent, lease, agreement or any interest whatever, made or

given by any individual Indian or Indians, be received in evidence in

any such action in bar, defense or mitigation of damages, and when it

shall be necessary to bring any such action before a justice of the

peace, the same may be brought and maintained before any such justice,

residing in the county where the defendant may be found, whether the

cause of action arose in such county or not. Actions or proceedings may

be prosecuted by the Tonawanda nation by the name of "The Tonawanda

Nation of Indians." If a bond or undertaking shall be necessary for the

prosecution or defense of an action or proceeding, the attorney of

either of such nations may execute a bond or undertaking in the name and

in behalf of the nation, which nation shall be liable thereon. If any

costs shall be recovered against either of such nations in any action

prosecuted or defended by the attorney thereof, no execution shall be

issued therefor, but such costs shall be paid by the treasurer of the

state, out of any annuity or interest money payable by the state to such

nation, upon producing to the comptroller a certificate of the attorney

of such recovery, and a certified copy of the judgment awarding such

costs. All sums recovered in any action brought by the attorney thereof

for the benefit of either of such nations, after deducting such costs

and expense as shall be certified to by the judge before whom the case

was tried, shall be paid to the treasurer of the nation.