New York § 7 - 7Partition of tribal lands

§ 7. 7Partition of tribal lands

§ 7. Partition of tribal lands. Any nation, tribe or band of Indians which owns and occupies land in this state as the common property of such nation, tribe or band may, by the act of its Indian government, divide such lands into lots, and distribute and partition the same, quantity and quality relatively considered, among the individuals and families of such nation, tribe or band, so that the same may be held in severalty and in fee simple, according to the laws of this state. No lands occupied and improved by any Indian according to the laws, usages or customs of the nation, tribe or band shall be set off to any person other than the occupant or his family. The officers, agents or commissioners to execute the deeds to effect such partition shall be appointed by the nation, tribe or band, whose lands are to be distributed, subject to the approval of the commissioner of general services. They shall go before the county judge of the county in which such lands are situated, and prove to his satisfaction that they are authorized to effect such transfers, and shall acknowledge before him the deeds necessary therefor. The county judge shall examine such deeds, and his indorsement thereon that he has examined the same, and that they are executed in pursuance of authority duly conferred, shall authorize the county clerk to record such deeds. Lands partitioned or distributed in pursuance of this section shall not be subject to any lien or incumbrance, by way of mortgage, judgment or otherwise, or be alienable by the grantee or his heirs, for twenty years after the recording of the deed effecting the partition; but may be partitioned among the heirs of a grantee who dies.