§ 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.