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owners who shall employ said Indians and people of colour in Massachusetts any voyage or voyages, shall be holden to the due payment of 1878. any sum or sums so reserved, and no payment made to said Indians or persons of colour by such master or owners, shall be a bar to the recovery of any sum or sums so reserved. 9th. To leasė out any common lands, mines, quarries, clay-pits, fisheries, or other common property, and to receive, to the use of said Indians and people of colour, the rents and profits thereof. 10th. To remove all strangers and intruders, who shall, without right, enter and reside upon the lands of said Indians and people of colour; and every person so entering and residing, who shall refuse, on the request of said guardian, to withdraw from the same, shall be removed, together with his or her family from said lands, by a warrant to be issued by the guardian or any justice of the peace, on the complaint of the overseers; and if the person so removed, shall return with intent to reside, he shall, on conviction thereof, before any justice of the peace, be punished by fine not exceeding twenty dollars, or by imprisonment not exceeding twenty days. 11th. To bind out to service, for a term not exceeding one year, if the service is to be performed on land, and the term of one voyage, if the service is to be performed at sea, habitual drupkards, vagabonds and idlers, and the earnings of such persons to receive and apply to the support of his or her fa- . mily, or to the use of said Indians and people of colour generally, as said guardian and overseers may think proper. 12th. To bind out poor children with the consent of the overseers, according to the laws of this Commonwealth. 13th. To prosecute any person who shall sell to said Indians and people of colour any spirituous liquor, contrary to law. 14th. To enter upon, or, with the approbation of the court of common pleas in Duke's county, in the name of the Commonwealth, to insti. tute suits to recover any lands, tenements or hereditaments taken or detained from any Indians and people of colour in said county, by means of abatement, intrusion, disseizen, deforcement, fraud, or by colour of any gift, grant, bargain or sale by said Indians or people of colour, or their guardians, in contravention of the laws of this Commonwealth; and said lands, tenements or hereditaments, when recovered by said guardian, may be sold at public vendue, ten days notice thereof being first given, by posting up the same at some public place in the town of Edgartown; and the proceeds of such sale shall be paid over in sums at the discretion of said guardian and overscers, to the person or persons who are lawfully entitled to the same, and in default of such persons, into the Trea
Massachusetts sury of the Commonwealth, to be invested in such manner as
the Treasurer of the Commonwealth shall deem best, and to form, together with such additions as may from time to time be made thereto, a permanent fund for the support of Indian schools and paupers, to be called the Indian School and Pauper Fund. 15th. To disburse monies to said Indians and people of colour, according to the votes of said guardian and overseers in those cases where a joint vote is by this act required, and according to the best of his judgment and discretion in all other cases, he keeping, and annually rendering an accurate account of the same, as hereinbefore provided. 16th. To return to the office of the judge of probate of Duke's county, and to that of the Secretary of the Commonwealth, as soon as may be practicable after his appointment, and as often atterwards as he may be required, complete inventories of all the property, real and personal, belonging to the Indians over whom he shall be appointed.
Sec. 5. Be it further enacted, That the following powers and duties be, and they hereby are, vested in and enjoined upon the said guardian and overseers jointly. Ist. To regulate the police of said Indians and people of colour. 2d. To assess and levy taxes, which shall be collected by the constable of said Indians and people of colour, in pursuance of a warrant from said guardian. 3d. To provide for the instruction of youth, and to determine the appropriations for that purpose, to employ instructors, to visit and examine the schools. 4th, To provide for the support of the poor. 5th. To perambulate the lines between the lands of said Indians and people of colour, and the towns which join thereon. 6th. To prohibit, as far as they shall think proper, the intercourse between said Indians and people of colour, and persons belonging to any whaling or other ship, fishing boat or any other water craft whatsoever; and for this purpose, to commission, employ, and pay as many constables as they may deem necessary to enforce such order as they may establish in this behalf.
Sec. 6. Be it further enacted, That said Indians and people of colour shall not be capable of alienating, by deed or otherwise, their lands, or any part thereof, except in cases in which authority for that purpose is given by this act, nor shall the same be subject to attachment by writ, or in execution issued on any demand or judgment against the proprietors thereof.
Sec. 7. Be it further enacted, That from and after the passing of this act, no promise made, nor contract entered into, by any of said Indians and people of colour, shall be valid in
law, unless the same shall be made or entered into with the Massachusetts written consent of said guardian; and no action hereafter 1828, brought upon any promise or contract made or entered into without such written consent, shall be sustained in any court of law: nor shall any action in which any of said Indians or people of colour shall be plaintiffs, be sustained, unless the original writ be endorsed by said guardian; and this act may be given in evidence in all such actions under the general issue : Provided always, That nothing contained in this section shall be construed to exempt any person or persons to whom license may have been granted under the fourth section of this act, from sueing and being sued, pleading and being impleaded in any court, in the same manner as the citizens of this Commonwealth
Sec. 8. Be it further enacted, That said guardian shall give written information to all taverners and retailers within said county, of such Indians and people of colour as may be addicted to idleness, vagrancy, and the excessive drinking of spirituous liquors; and if any taverner or retailer shall, after the receipt of such information, sell any spirituous liquors to any Indian or person of colour, of whom he shall have been so informed as an idler, vagrant, or drunkard, then such taverner or retailer shall forfeit and pay for every offence the sum of ten dollars, to be recovered by action, or on complaint before any justice of the peace, and to be received by said guardian to the use of said Indians and people of colour.
Sec. 9. Be it further enacted, That there shall be erected ... and maintained by the guardian and overseers at the common expense, in such place on the lands of said Indians as said guardian and overseers shall direct, a pound, which shall be used for like purposes, and in like manner as town pounds may be by the laws of this Commonwealth.
Sec. 10. Be it further enacted, That whenever any woman of said Indians and people of colour shall be delivered of a bastard child, or shall be pregnant of a child, which, if born alive, would be a bastard, the guardian or other justice of the peace, upon complaint against any man as the father of such bastard child, shall proceed according to the act for the punishment of fornication, and the maintenance of bastard children.
Sec. 11. Be it further enacted, That this act shall be taken and construed to extend to the Indians and people of colour at Christiantown, whose lands shall be divided and apportioned by the said commissioners in the manner as is herein provided for the partition of lands at Chappequiddic, and as soon after the completion of that partitien as may be practicable: and :
Massachusetts said Indians and people of colour at Christiantown may choose 1828. their own overseers and other officers, and do all other things
which, by this act, the Indians and people of colour at Chappequiddic may do; and whenever the Indians and people of colour at Gay Head shall, by a vote in town meeting, accept this act, and shall transmit to his excellency the governor an attested copy of said vote, then his excellency may authorize said guardian to act as guardian of the Indians and people of colour at Gay Head, and may, upon their request, appoint suitable persons to make partition of the Indian lands at Gay. Head, in the same manner as is herein provided for the partition of lands at Chappequiddic and Christiantown.
Sec. `12. Be it further enacted, That there be allowed and paid to said guardian, out of the Treasury of the Commonwealth, ihe annual salary of one hundred dollars for his services as guardian of the Indians and people of colour at Chappequiddic and Christiantown: and if he shall be authorized by his excellency the Governor to act as guardian of the Indians and people of colour at Gay Head, then he shall receive such additional sum, not exceeding one hundred dollars annually, as his excellency the Governor, with the advice and consent of the Council, may determine.
Sec. 13. Be it further enacted, That all acts and parts of acts inconsistent with the provisions of this act, be, and the same hereby are repealed. [March 10, 1828.]
1829. An Act in addition to the act, entitled “An acť to set off to the patentees · and other purchasers, certain lands on the island of Chappequiddic, in the
county of Duke's county, and finally to adjust and determine all disputes between the said patentees and other purchasers and the Indians on said island, and to prevent cattle, horses, sheep, goats and swine from going .at large on the said island at certain seasons of the year.”
Sec. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the guardian of the Indians on the island of Chappequiddic, be, and he hereby is authorized to compel the patentees and other purchasers of lands on said island, or their heirs, to make and maintain the divisional fence, commonly called the Indian line fence between the lands of said Indians and the lands of said patentees and other purchasers, and their heirs, in like manner, and under like penalties and forfeitures as are provided by said act, and the acts in addition thereto: Provided, That if it should happen that said paten
uld happenhe acts inalties and
tees and other proprietors, or their heirs, have not a clerk, then Massachusetts said guardian shall cause a notice to said patentees and other 1829. . purchasers, or their heirs, to make and repair their respective proportions of said fence, to be posted up in some public and conspicuous place in the town of Edgartown, in said county, two months at least before he shall proceed to prosecute said patentees and other purchasers, or their heirs, to recover the forfeitures provided in the act to which this is an addition.
Sec. 2. Be it further enacted, That any act or parts of any act inconsistent with the provisions herein contained, be, and the same hereby is repealed. [March 2, 1829.]
That some means may be used to convey the knowledge of Connecticut, God, and of his word, to the Indians and natives among us, 1672.
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 Sa. chem, 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 delia ver 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