or liquors, to such Indian, unless the party accused shall acquit him or herself thereof upon oath; which the court, or justice, respectively, are hereby empowered to require and administer unto the person accused, in form folbowing, that is to say:

"You, A. B. do swear, that neither yourself nor any other, by your order, general or particular assent, privity, knowledge, or allowance, directly or indirectly, did give, sell, or deliver any wine, cider, rum, or other strong liquors or drink, by what name or names soever called or known, unto the Indian by whom and whereof you are now accused. So help you God.”

And further it is enacted, That it shall and may be lawful to and for any person or persons to seize any wines, strong liquors or cyder, which he or they may find in the custody of any Indian, not obtained by allowance as aforesaid; (other than cyder made of fruit of their own growth) and to deliver the same unto the constable, or any one or more of the selectmen of the town, where the same shall be seized, to and for the use of the poor of such town; and to apprehend such Indian, and to cause him or her to be conveyed before the next justice of the peace, to be examined where, and of whom, they had such strong drink.

And every Indian convicted of drunkenness shall suffer and pay, unto the use of the poor of the town or place where such offence is committed, the sum of five shillings, or else be openly whipped by the constable of such town or place, or some other that he shall procure, not exceeding ten lashes, as the justice of the peace before whom such conviction is, shail determine.

[1725.]

An act for the allowing necessary supplies to the Eastern Indians, and for regulating trade with them, and for the repealing an act, intituled An act to prohibit trade and commerce with the Eastern Indians, made and passed in the eighth year of his present Majesty's reign.

Whereas the Indians in the Eastern parts of this province having been some years past in hostilities and rebellion, have now submitted themselves, and recognised their subjection and obedience to the crown of Great Britain, and have their dependence on this Government for supplies of clothing and other necessaries: to the intent, therefore, that they may be furnished with the same at such easy rates and prices as may oblige them to a firm adherence to his Majesty's interest,

Be it enacted by the Lieutenant Governor, Council, and Representatives, in General Court assembled, and by the authority of the same, That provisions, clothing, and other supplies suitable for the carrying on a trade with the said Indians, not exceeding the value of four thousand pounds, be, at the session of this Court in May next, procured at the cost and charge of this province; and the produce thereof applied, from time to time, for supplying of the said Indians, as aforesaid, by such person or persons as shall annually be chosen by this Court, who shall take the direction of the Governor and Council in the recess of the Court, as occasion shall require: Provided always, Such direction be not inconsistent with the instructions of this court. And likewise annually lay before this Court fair accompts of all his or their proceedings herein; which supplies of clothing, provisions, and other things, shall be lodged at such places to the Eastward of Falmouth, in Casco bay, as the General Court shall from time to time order and appoint.

[1747.]

An act for explaining an act, entitled "An act to prevent and make void clandestine and illegal purchases of lands from the Indians," so far as relates to the devise or bequest of any real estate by the last will and testament of any Indians.

Whereas doubts have arisen whether the act passed in the thirteenth year of King William the Third, intituled "An act to prevent and make void clandestine and illegal purchases of lands from the Indians," doth extend to any device or bequest of real estate made by the last will and testament of any Indian:

Be it therefore declared and enacted by the Governor, Council, and House of Representatives, That the said act was intended to extend, and did, doth, and ought to be understood to extend, to all devises of real estates made by the last wills and testaments of any of the said Indians; and all such devises of lands, or other real estate whatsoever, by any last will and testament from any Indian or Indians inhabiting within this province, to any English person or persons, that have been heretofore made, and have not been approved by the General Court; and also all such as shall hereafter be made, unless the approbation of the General Court shall be obtained, are hereby declared utterly void and of no effect.

[1805.]

An act for the protection of the Indians and their property, in that part of Duke's county known by the name of Christiantown.

Whereas many persons, who are unmindful of the moral obligations which they owe to society, have taken undue advantages of said Indians: for the remedy whereof,

SEC. 1. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, That his Excellency the Governor, by and with the advice and consent of Council, be, and he hereby is, authorized and empowered to appoint two good and discreet men as guardians, to have the care and oversight of said Indians, and of their property, with full power to superintend the same.

SEC. 2. Be it further enacted, That, from and after the passing of this act, all deeds, bargains, sales, releases, quit claims, or any conveyance whatsoever, that any person shall or may obtain, in any way, from any person or persons, of any lands, tenements, or hereditaments, which do, or shall hereafter, belong to any of said Indians, as well for any term of years or forever, shall be utterly void and of none effect, excepting such deeds, leases, or other conveyances, as shall first be examined, approved, and confirmed, by said guardians.

SEC. 3. Be it further enacted, That, from and after the passing of this act, no bond, bill, or other specialty in writing, or any contract whatever, nor any book account, or verbal contract or promise for the payment of money, shall be deemed good and recoverable against any of the said Indians, if the same shall exceed the sum of four dollars, unless such bill, bond, specialty, or verbal contract, shall be approved by one at least of said guardians.

SEC. 4. Be it further enacted, That nothing in this act shall be construed in anywise to affect any existing contract, or any action that shall be pending in any court at the time of the passing of this act.

[1810.]

An act for the better regulating the Indians and other people of colour, inhabitants of the Island of Chappequidick, in the county of Duke's county.

SEC. 1. Be it enacted by the Senate and House of Representatives, in General Council assembled, and by the authority of the same, That His Excellency the Governor, with the advice of the Council, is hereby authorised and requested to appoint three commissioners, who shall meet in the month of March next, and when met, shall have power to make a distinct and specific assignment of the lands belonging to the Indians, and other people of colour, inhabitants of the Island of Chappequidick in the county of Duke's county, to the different individuals and families, in such quantities as they shall deem proper, reserving from said lands such portions for annual appropriations by the guardians of the said Indians, and people of colour, as the said Commissioners may judge expedient; and each individual and family shall retain possession of the land so assigned, for the term of ten years from the thirty-first day of March next, at which time a new assignment of the said lands shall be made by the guardians of the said Indians.

SEC. 2. Be it further enacted, That no promise made, or contract entered into, by any of the said Indians, or people of color, shall be valid in law, unless the same be made or entered into with the written consent of two or more of their guardians; and no action hereafter brought upon such promise or contract, made or entered into without such written consent, shall be sustained in any court of law.

SEC. 3. Be it further enacted, That no action shall be sustained in any court of law in this Commonwealth, wherein any of said Indians or people of colour shall be plaintiff, unless the original writ be endorsed by two or more of their guardians; and this act may be given in evidence in all such actions under the general issue.-Passed Feb. 27, 1810.

CONNECTICUT.
[1672.]

An act for the well ordering of the Indians, in their several places and plantations.

That some means may be used to convey the knowledge of God, and of his word, to the Indians and natives among us, Be it enacted by the Governor, Council, and Representatives, in General Court assembled, and by the • authority of the same, That one or more of the teaching Elders of the churches in this jurisdiction, with the help of an able interpreter, shall be desired, as often as he may, in every year, to go among the neighboring Indians, and endeavor to make known to them the councils of the Lord; thereby to draw and stir them up to direct and order all their ways and conversations according to the rules of his word: and the Governor and Deputy Governor, and other magistrates, are desired to take care and see the thing. attended, and, with their own presence, so far as may be convenient, to encourage the same.

And it is further enacted, by the authority aforesaid, That where any company of Indians do sit down near any town or English plantation, they shall declare who is their Sachem, or Chief; and that the said Sachem, or Chief, shall pay to the English, such trespasses as shall be committed by any Indian or Indians in the said plantations adjoining, either by spoiling or killing of cattle or swine, either with guns, traps, dogs, or arrows, or by any other means, although they plead it was done by strangers, unless they can produce the party, and deliver him, or his goods, into the custody of the English; and that they shall pay double damage if it were done wittingly and voluntarily: the like engagement this Court also makes to them, in case of wrong or injury done to them by the English, which shall be paid by the party by whom it was done, if it can be made to appear, or else by the town in whose limits such facts are committed.

And to prevent inconveniences and troubles that may arise by the Indians coming into the English towns and plantations in the night season, and supplying themselves with liquors and prohibited goods,

It is further enacted, by the authority aforesaid, That all and every Indian and Indians, that shall be found passing and repassing in any town in this Colony, after the shutting in of the evening, (except he or they shall give sufficient reason that there was necessity thereof) shall forfeit and pay the sum of twenty shillings, whereof fifteen shillings shall be to the county treasury, and five shillings to the complainer or complainers; or be whipt, not exceeding six stripes: any one assistant or justice of the peace, before whom any such complaint shall come, shall be, and is hereby, empowered to secure every such Indian or Indians, by committing them to prison, or setting a watch upon them, till he may hear and issue such complaints.

And be it further enacted, by the authority aforesaid, That no person or persons whomsoever, shall, directly or indirectly, sell, truck, barter, give, or deliver, to any Indian, any strong beer, ale, cyder, perry, wine, rhum, brandy, or other strong liquors, by what name or names soever called or known, on pain of forfeiting the sum of twenty shillings for every pint, and proportionable for any greater or lesser quantity so sold, trucked, bartered, given, or delivered, to any Indian, directly or indirectly, as aforesaid, upon conviction thereof before any assistant or justice of the peace, where the penalty doth not exceed forty shillings; and if it exceed that sum, at the county court to be holden for the same county where the offence is committed; two-third parts of all such forfeitures to be to the county treasury, the remaining third part to him or them that shall prosecute the same by bill, plaint, or information: Provided, This act shall not be intended, or extend to restrain, any act of charity for relieving any Indian (bona fide) in any sudden exigent of faintness, or sickness, not to exceed one or two drams, or by the allowance of an assistant or justice of the peace.

And it is further enacted, by the authority aforesaid, That every Indian or negro, servant or slave, that shall be convicted of the breach of this law, shall be openly whipt, not exceeding ten stripes, unless the master of such servant or slave shall answer the law by paying his or her fine: and every Indian convicted of drunkenness in the Colony, shall forfeit and pay the sum of ten shillings, whereof one half shall be to the complainer or complainers, and the other half to the County Treasury where the offence is committed, or else be openly whipped, not exceeding ten stripes for one of

fence, as the assistant or justice of the peace, before whom such conviction is, shall determine.

And for preventing of the breach of the Sabbath by the Indians within this colony:

It is further enacted by the authority aforesaid, That, if any Indian or Indians shall labour, or play, on the Sabbath day, within the limits of any English town, every such Indian, being thereof duly convicted, shall pay a fine of five shillings, whereof the one half shall be to the complainer, the rest to the county treasury, or else set in the stocks one hour; any one assistant or justice of the peace to hear and determine the same.

And be it further enacted by the authority aforesaid, That no Indian or Indians shall, at any time, pawaw, or perform outward worship to false gods, or to the devil, within this colony, on pain of forfeiting the sum of five pounds to the public treasury of this colony, for every time any Indian or Indians shall be convicted of perforining or doing the same.

And if any person, or persons, of the age of twenty years or upwards, shall, at any time, be present at any Indian play or pawawing, at any of their general meetings, every such person shall forfeit the sum of forty shillings; and if any person shall join in playing with any Indian or Indians, or shall lay any wager with, or for, any Indian, about or concerning any such play or game, he shall forfeit and pay a fine of ten pounds; one moiety of these fines and forfeitures to be to the complainer, or complainers, and the other moiety to the treasury of the county in which such offence is committed.

And whereas it is too manifest, that the Indians, notwithstanding all council and advice to the contrary, have committed, and still do proceed to commit murther, and kill 'one another, within the English plantations in this colony, and take no course that such justice be executed on such malefactures as may take off the guilt of blood from the land: Which to prevent

It is further enacted by the authority aforesaid, That, if any Indian, or Indians, within this colony, shall wilfully and violently fall upon any Indian, or Indians, within this colony, and upon the English land, (except it be such as they are at open war with) and murther him, or them, and be thereof legally convicted, every such Indian and Indians shall suffer the pains of death: And if the Indians shall not do just execution upon such murtherer, or murtherers, speedily, the next assistant or justice of the peace, shall, forthwith, cause him or them to be apprehended, and without bayl or mainprize, commit him or them to the common gaol, there to be secured for a tryal, at the next.court of assistants.

And to prevent damage that may come to Indians in their cornfields, by eattel belonging to the English

Be it further enacted by the authority aforesaid, That, in each town in this colony, where any Indians have any fenced fields, there shall be fenceviewers and apprizers, by such town chosen and appointed, who shall be sworn to view such Indian fence, and to apprize such damage, as may or shall be done in the Indian corn, by any English cattel, horses, or swine, and the judgment or apprizement of such viewers and apprizers shall be duly performed and answered by the owners of such cattel, horses, and swine, to the Indian or Indians damnified; and the Indians having such fields are hereby allowed to make pounds within their said fields, to impound and secure cattle, horses, and swine, trespassing upon them; and the said Indian or Indians impounding any cattle, horses, or swine, shall, forthwith, give