§ 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.