§ 11. Trespasses on tribal lands. An action may be brought, in the name of the people of the state, against any person other than an Indian, trespassing upon tribal lands, by the district attorney of the county in which such lands are situated, upon security for the payment of the costs of such action being given to his satisfaction, or in the name of the nation, tribe or band, by any three of the chiefs, head men or councilors thereof, upon security being given to the satisfaction of the county judge of the county in which such lands are situated, for the payment of the costs of such action. The security for the payment of costs, as provided by this section, shall be filed, if the action is before a justice of the peace, with him, and otherwise, in the office of the county clerk. The damages recovered, after paying expenses, shall be distributed among the Indians occupying such lands.