§ 87. Indian trespasses on common land. If any Indian of the Tonawanda nation shall occupy any of the common lands of his nation without having obtained from the council an allotment thereof, as required by law, the council shall cause a notice to be served upon such Indian, signed by the presiding officer and clerk thereof, describing the lands so occupied, and requiring such Indian to remove therefrom, or within ten days after the personal service upon him of such notice, to show cause at a time and place therein mentioned, before the council, why he should not be removed therefrom. If such Indian shall not remove from such lands as required by the notice, or shall not show sufficient cause to the council why he should not be removed therefrom, the council, upon due proof of the personal service of such notice on the person to whom it was directed, and that the lands occupied by such person are common lands of the nation not held by such person in pursuance of law, shall issue an order to the marshal, commanding him to forthwith remove such person, which order shall be signed by the presiding officer, and clerk of the council.