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New York Indian - Article 8 - § 105 Illegal Sales of Timber, Trees and Stone

Legal Research Home > New York Laws > New York Indian (IND) > New York Indian - Article 8 - § 105 Illegal Sales of Timber, Trees and Stone

 
    §  105.  Illegal  sales  of  timber,  trees and stone.   Every sale or
  disposition without the consent of such chiefs, by any individual Indian
  or Indians, of any tree, timber or stone on any of the tribal lands,  or
  of any manufacture therefrom, shall be void. The chiefs may sell for the
  benefit  of  the  tribe  any timber, trees or stone on the wild lands of
  such tribe, the proceeds of such sale to be  paid  to  the  clerk.  Such
  chiefs  may  bring an action in the name of the tribe against the person
  to whom such trees, timber or  stone  are  sold  to  recover  the  value
  thereof,  or against any person who shall have received any tree, timber
  or stone or the manufacture therefrom unlawfully sold,  to  recover  the
  value  thereof  for the benefit of the tribe. Any person who shall sell,
  take or carry from the lands of such tribe, any trees, lumber, stone  or
  article of manufacture therefrom, without the consent of such chiefs, in
  any  other case than is provided for in this section, shall be liable to
  a  penalty  of  twice  the  value  of  such  trees,  timber,  stone   or
  manufactured  articles,  recoverable  by  such chiefs in the name of the
  tribe. The chiefs of such tribe, upon giving satisfactory  security  for
  costs,  may  sue in the name of the tribe for the amount of any recovery
  permitted under this section, and after paying the legal charges of such
  suit, shall pay over any remaining proceeds  of  such  recovery  to  the
  clerk of the tribe.

Last modified: February 16, 2012