§ 81. Attorney. 1. The state department of social services shall appoint, with the advice and consent of the Tonawanda nation of Indians, an attorney and counsellor of the supreme court for at least three years to be the attorney for the Tonawanda nation of Indians, who shall be paid by the state an annual salary of five hundred dollars. He shall advise such Indians in relation to their affairs, and in relation to controversies among themselves or with any other person; shall prosecute such actions and proceedings for them, or any of them, as he may deem proper and necessary; provided however that any refusal to prosecute such actions and proceedings shall be reviewable by such department; and shall, on a written complaint of a majority of the chiefs of such nation, when any trespass has been committed on the lands of such reservation, or any timber, wood or logs have been cut, carried away or converted by any person, not an Indian, to his own use, immediately commence the proper suit for recovery of such property or of damages for such injury.
2. The state department of social services may provide additional compensation to such attorney if it determines that the amount of service provided exceeds the value of the annual compensation. Additional compensation shall not exceed a total of one thousand dollars annually.
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