N.Y. Indian Law § 55: Allotment of lands

§ 55. Allotment of lands. 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.