§ 88. Encroachment by Indians on occupied lands. Whenever complaint shall be made to the peacemakers of the Tonawanda reservation, by any Indians lawfully residing upon any cultivated lands of such reservation which shall have been entered and described in the clerk's books of records, that an encroachment is being made by other Indians on such lands, they shall issue a notice to the persons against whom complaint is made, stating the cause of complaint and requiring such persons to appear before them at a time and place therein specified to show cause why the complainant should not be put into full and peaceable possession of such lands; which notice shall be immediately served upon such persons. At the time and place mentioned in such notice the peacemakers, on proof of the personal service of such notice on the persons against whom complaint is made, shall hear the proofs of the parties, and shall forthwith determine whether an encroachment has been made and the extent thereof. If they shall determine that an encroachment has been made, they shall issue an order to the marshal of such reservation, commanding him to forthwith remove such encroachments and put the complainant into full possession of such lands.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In N.Y. Indian Law 88

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.