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.