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This entry was published on 2014-09-22
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SECTION 51
Appeals from peacemakers' court of Tonawanda nation
Indian (IND) CHAPTER 26, ARTICLE 4
§ 51. Appeals from peacemakers' court of Tonawanda nation. An appeal
may be taken from the decision of a peacemakers' court of the Tonawanda
nation, or of a tribunal of such nation consisting of a peacemaker and
one or more associate chiefs, to a court consisting of six chiefs of
such nation, selected as follows: The party appealing shall give
security, approved by the tribunal before which the action or proceeding
was tried, for the payment of the amount awarded by such appellate
court. Upon such security being given, such trial court shall direct the
marshal to summon twelve chiefs, designated by such trial tribunal, to
appear at a time and place specified, not more than ten days thereafter.
At such time the names of such chiefs shall be drawn by lot, and the
first six whose names are drawn, and who are not disqualified because of
interest or relationship, shall constitute a court for the hearing and
determination of such appeal. Such court shall hear the appeal, and
examine the witnesses and parties under oath in the same manner as the
peacemakers in a determination before them. Upon such hearing, the
chiefs constituting the court shall be entitled to receive twenty-five
cents each for their services, to be paid in the first instance by the
party appealing. In their final decision, they shall determine which
party shall pay the costs and expenses of the suit and of the appeal.