§ 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.