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ease, of any land, contrary to this present act, he or they so offending shall forfeit forty shillings, money of this Province, for each acre of land so obtained, to be recovered by any person or persons who shall prosecute the same to effect, by action of debt, in any court of Record within this province, one half to the use of Her Majesty, her heirs and successors, towards the support of the Government, and the other to the prosecutor: Provided always, That such purchasers, their heirs and assigns, shall for ever hereafter be incapable to hold plea for the said land in any court of common law or equity.
Sec. 3. And be it further enacted by the authority aforesaid, 'That all and every person and persons whatsoever, that have bought, taken gift of, or have purchased land in fce, or taken mortgages, or leases for life, or number of years, of the Indians or natives, who is and are not entitled to such tract or tracts of land by virtue of a right or title to the same derived from the Crown of England, or from any person or persons claiming by, from, or under the same, such gifts, purchases, mortgages, lease or Jeases, is and are hereby declared, and for ever hereafter shall be taken, deemed, and esteemed, illegal, null, and void; and such person or persons, their heirs and assigns, shall not be capable to hold plea for the same in any
court of common law or equity, at any time hereafter, unless such person or persons claiming under such Indian gift, purchase, mortgage or lease, shall, within the space of six months after the publication of this act, take out a grant or grants from the present proprietors, for the several tracts of lands so claimed by them respectively, on such conditions as shall be agreed upon with the proprietors.
Revised Laws of New Jersey-published in 1821, in one volume. Sec. 69. And be it enacted by the authority aforesaid, That the court or justices, before whom any negro, Indian, or mulatto slave, shall be convicted of any offence not punishable with death, shall have authority to impose, instead of the punishment by this act prescribed, such corporal punishment, not extending to life or limb, as such court or justices, in their discretion, shall direct.
An act respecting Slaves. And be it enacted, That whenever any Habeas Corpus shall be brought to remove any negro, mulatto, Mestee, or Indian, before the Supreme Court out of the possession or custody of any person or persons claiming the services of such negro, mulatto, Mestee or Indian, for life, years, or other term, the person or persons to whom the said Habeas Corpus is directed, may, in the return to the same writ, aver and set forth, that he, she, or they, has or have lawful right to the personal services of said negro, mulatto, Mestee or Indian, for life, years, or other term, as the case may be: Whereupon, the prosecutor shall, instanter, join issue by denying the right of the defendant or defendants to the personal service of such negro, mulatto, Mestee, or Indian, either for life, years, or other term; and immediately upon
the joinder of the said issue, the court shall award a venire facias to the Sheriff or Coroner, as the case may be, or require of the county in which such party defendant resides, commanding him or them to summon a jury, to appear at the next Circuit Court to be held in such county, for the tryal of the issue so joined as aforesaid.
(1700.] An Act against buying land of the Indians. Be it enacted by the Proprietary and Governor, by and with the advice and consent of the Freemen of the Province and Territories, in General Assembly met, and by the authority of the same, That, if any person presume to buy any land of the natives, within the limits of this Province and Territories, without leave from the Proprietary thereof, every such bargain of purchase shall be void, and of no effect.
[1721.] An act to prohibit the selling of rum, and other strong liquors, to the
Indians, and to prevent the abuses that may happen thereby. WHEREAS the peaceable, wise, and prudent measures which the late Honor
able William Penn, Esq. our most worthy Proprietor, took with the native Indians, at his first coming into and settling of this Province, has been, under God, the happy foundation and groundwork of the tranquillity and perfect good understanding hitherto preserved between the Eng
lish inhabitants of this colony and their native Indians: AND WHEREAS the misunderstandings and fatal breaches which have lately
happened in some of the neighboring colonies, between the English and the adjacent Indian nations, are well known to have proceeded from the irregularities and abuses committed by those who travel into the woods, in order to trade promiscuously with the Indians as they return from hunting, whereby they have opportunity, first, to debauch the natives with great quantities of rum and strong spirits, and then cheat them of their peltry: For the prevention of which evil and wicked practices for the futureBe it enacted by Sir William Keith, Bart. Governor of the Province of Pennsylvania, &c. by and with the advice and consent of the Freemen of the said Province, in General Assembly met, and by the authority of the same, That no person whatsoever, otherwise than is hereinafter declared, shall sell
, barter, or give, to any Indian or Indians, or to any other person for their use, nor by any means, directly or indirectly, furnish, or cause to be furnished, any Indian or Indians, with any rum, wine, or other strong liquors, mixed or unmixed, under the penalty of twenty pounds for each offence; one half to the Governor, for support of government, and the other half to the informer, or such person or persons as will sue for the same; to be recovered in any court of record within this Province, by action of debt, bill, plaint, or information, wherein no assoin, protection, or wager of law, shall be allowed to the defendant.
And be it further enacted by the authority aforesaid, That, in case any rum, or other spirits, above the quantity of one gallon, be carried amongst the Indians, at their towns, or beyond the Christian inhabitants, the person carrying the same, or he in whose possession the same shall be found, shall forfeit and pay the sum of twenty pounds, to the uses aforesaid, to be recovered in manner aforesaid: Provided always, That the Governor and Council, or persons by them authorized and appointed to hold treaties with any nation of Indians, may, at such treaties, give any reasonable quantity of rum, as by them shall be thought necessary, any thing herein contained to the contrary notwithstanding.
(1744.] An Act for the speedy trial of capital offences, committed by any Indian
or Indians, in the remote parts of the Province. To the end that all capital offences, which have been, or hereafter shall be,
committed by any Indian or Indians, within the bounds of this Province, in places remote from inhabitants, may receive the most speedy and impartial trials:
Be it enacted by the honorable George Thomas, Esq. with the King's royal approbation Lieutenant Governor, under the Honorable John Penn, Thomas Penn, and Richard Penn, Esquires, true and absolute Proprietaries of the Province of Pennsylvania, and of the counties of New Castle, Kent, and Sussex, on Delaware, by and with the advice and consent of the Representatives of the Freemen of the said Province, in General Assembly met, and by the authority of the same, That all murders, manslaughters, homicides, felonies, and offences, whatsoever, and accessaries of the same, which, by the laws or acts of Assembly of this province, are declared capital, or felonies punishable by death, which already have been committed, perpetrated, or done, or shall hereafter be committed, perpetrated, or done, by any Indian or Indians, within this province, in places remote from inhabitants, as aforesaid, all and every such offence and offences, in whatsoever place and county the same hath happened, or shall happen, shall henceforth be inquired of, heard, adjudged, and determined, before the Justices of the Supreme Court, or the Justices of the Courts of Oyer and Terminer and General Gaol Delivery to be held in the county of Philadelphia, by indictments, inquests, and verdicts, to be taken of good and lawful men, inhabitants of the same county, in like manner and form as if such capital offence or offences had been committed, perpetrated, or done, within the said county, any law or usage to the contrary thereof in any wise notwithstanding.
11704.] An act for ascertaining the bounds of a certain tract of land to the use
of the Nanticoke Indians, so long as they shall occupy and live upon the same.
It being most just that the Indians, the ancient inhabitants of this Province, should have a convenient dwelling place in this their native country, free from the encroachments and oppressions of the English, more especially the Nanticoke Indians, in Dorchester county, who, for these many years, have lived in peace and concord with the English, and, in all matters, in obedience to the government of this Province; we, the burgesses and delegates of this present General Assembly, therefore, do pray that it may be enacted,
Sec. 2. And be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of Her Majesty's Governor, Coun
cil, and Assembly, of this Province, and the authority of the same, That all the land, lying and being in Dorchester county, and on the North side of Nanticoke river, butted and bounded as followeth: Beginning at the mouth of Chickawan creek, and running up the said creek; bounded, therewith, to the head of the main branch of the same; and from the head of the said main branch, with a line drawn to the head of a branch issuing out of the Northwest fork of Nanticoke, known by the name of Francis Anderson's branch; and from the head of said branch, down the said Anderson's branch; bounded, therewith, to the mouth of the same, where it falls into the said Northwest fork; and from thence, down the aforesaid Northwest fork; bounded, therewith, to the main river; and so down the main river, to the mouth of the aforesaid Chickawan creek; shall be confirmed and assured, and, by virtue of this act, is confirmed and assured unto Panquash and Annotoughquan, and the people under their government or charge, and their heirs and successors forever, any law, usage, custom, or gr
to the contrary, in anywise, notwithstanding, to be held of the lord proprietary, and his heirs, lord proprietary, or lords proprietaries, of this province, under the yearly rent of one beaver skin, to be paid to his said lordship, and his heirs, as other rents in this province by the English used to be paid.
Sec. 3. Provided always, That it shall or may be lawful for any person or persons, that hath formerly taken up and obtained any grants from the Lord Baltimore, for any tracts or parcels of land within the aforesaid boundaries, upon the Indians deserting or leaving the said land, to enter, occupy, and enjoy the same; any thing in this law to the contrary notwithstanding
Sec. 4. And be it further enacted by the authority aforesaid, That it may not, nor shall be lawful for the Lord Baltimore to ask, have, or demand, any rent or service for any of the said tracts or dividends as may or have been taken up as aforesaid, within the said Indian boundaries, until such time that the takers up, or owners aforesaid, do enjoy or possess the same, any law, usage, or custom, to the contrary notwithstanding.
[1711.] An act to empower Commissioners to appoint, and cause to be laid out,
three thousand acres of land on Broad Creek, in Somerset county, for the use of the Nanticoke Indians, so long as they shall occupy the
Whereas it is represented to this present General Assembly, that the land formerly laid out for the use of the Nanticoke Indians is now much worn out, and not sufficient for them, and that it is thought advisable that some further provision be made for then :
Sec. 2. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of her Majesty's President, Council, and Assembly of this Province, and the authority of the same, That Lieutenant Colonel George Gale, Mr. Samuel Worthington, Captain Charles Ballard, and Mr. Benjamin Wales, be, and are hereby, appointed Commissioners to cause three thousand acres of land to be laid out where the said Indians are now settled, in Somerset county, on Broad creek, in Nanticoke river, and the same to appoint to the use of the said Indians, for so long as they shall occupy the same; and further, to cause such land to be valued in such manner as is hereinafter expressed, that is to say: the said Commissioners, or any three of them, shall, some time before the twenty-fifth day of March next, meet together, and make out their warrant to the sheriff of Somerset county, which said sheriff is hereby required, upon receipt of such warrant, to impannel and return a jury of the most substantial freeholders of the said county, to be and appear before the said Commissioners, upon the said land, at the time in such warrant appointed; which jury, upon their oaths, to be to them administered by the Commissioners, or any three of them, shall inquire, assess, and return, what damages and recompense they shall think fit to be awarded to the owners of such land, and all persons interested therein, according to their several and respective interests; and what sum of tobacco the said jury shall adjudge the said land to be worth, shall be paid to the owners, and all persons interested therein, by the public of this province.
Sec. 3. And, to the end that the bounds of the said land may be ascertain. ed, and the Commissioners aforesaid and jury the better enabled to judge of the true value thereof, the said Commissioners are hereby empowered to employ the surveyor of the county aforesaid, or some other skilful person, in their presence to survey, lay out, and bound the same, which said lines, so as aforesaid laid out, shall be marked on trees, or other land marks, to perpetuate the bounds thereof; the said Commissioners to return fair certificates of their proceedings to the clerks of the provincial court, and Somerset county court, for the time being, to be by them recorded in the said respective courts.
Sec. 4. And be it enacted by the authority aforesaid, That, when such land is laid out and paid for by the public as aforesaid, the property thereof shall, by virtue of this act, be vested in the Honorable Colonel Thomas Ennalls, and Lieutenant Colonel George Gale, and their heirs, to and for the use of the said Indians, so long as they shall occupy the same, and afterwards shall be disposed of as the General Assembly of this province shall direct.
Sec. 5. And, that such laying out and payment as aforesaid, and this act, shall forever bar the heir or heirs at law, or his or their assigns, or any
other persons whatsoever, of the reversion or remainder, right, claim, or demand, whatsoever, of, in, or to, the said land, or any part or parcel thereof, any law, usage, or custom, to the contrary notwithstanding.
[1723.] An act for quieting the possessions of the Indians inhabiting on Nanti
coke and Choptank rivers. Whereas the Indians inhabiting on Nanticoke and Choptank rivers, have complained to this General Assembly of several encroachments made into the ancient bounds and limits of their lands heretofore granted them by the lord proprietors, and confined by several acts of Assembly of this province: for remedy whereof, and to prevent complaints of like nature for the future,
Sec. 2. Be it enacted by the right honorable the lord proprietor, by and with the advice and consent of his lordship’s Governor, and the Upper and Lower Houses of Assembly, and the authority of the same, That the Nanticoke Indians, and their descendants, shall have, hold, occupy, possess, and enjoy, a full, peaceable, and uninterrupted possession of all that tract of land lying between the Northwest sork of Nanticoke river and Chicucone creek, for and during such space of time as they or any of them shall think fit to use, and shall not wholly and totally desert and quit claim to the same, according as the same is butted and bounded by an act of Assembly of this pro