2. The Captain of each Independent
receive Arms from, and be accountable to, the Governor
for the same, in the same Manner as the Colonel
of a County. And the respective Men shall be liable
and accountable to such Captain, in the same Manner
as the Men in any Troop or Company in the County
See Militia, per Tot.
Musters, per Tot. Public Arms, 7.
1. Persons carrying any Liquors
to any Indian
Town, or within Three Miles thereof, and selling
them to any Indians, forfeit 5000 lb Tobacco:
Half to the Support of Government, the other Half
to the Informer. 1715, ch. 16, §. 1.
2. To prevent Disorders by drunken
Person shall sell to any Indians above One Gallon
Rum, Wine, Brandy or Spirits, or above Five Gallons
of Cyder, Perry, Quince-Drink or Strong Beer, in the
Space of One Day; on Penalty of 3000 lb Tobacco:
One Half towards defraying the County Charge, the
other Half to the Informer. Ibid. §.
3. Persons raising, spreading,
or uttering false Reports,
to the Disquiet of the Indians, forfeit 500 lb
One Half to the County Charge, the other to the Informer.
Such Persons only excepted as shall give Information
to the Magistrates or commanding Officers
of the Militia, concerning such Differences. Ibid.
§. 3, 4.
Persons shall buy Guns or Match-Coats from
Indians for Liquor, nor take any Pawns from them
Liquor; on Pain of returning such Guns, Match-Coats,
or Pawns, and losing the Price of the Liquors.
Ibid. §. 5.
5. Persons taking, inticing,
surprizing, selling, or
transporting any Friend Indian, or attempting
to do so,
without Licence from the Governor; and all Accessories
thereto, shall be fined and imprisoned at the Discretion
of the Governor and Council, who shall give
such Satisfaction to the Informers against such Offenders
as they shall think fit. Ibid. §.
6. Neighbouring Indians,
apprehending and bringing
any Runaway Servants or Slaves before a Magistrate,
shall have a Match-Coat, or the Value thereof,
to be paid by the County wherein apprehended. And
such Runaway, if not a Slave, shall reimburse the
County by Servitude or otherwise, as the Justices shall
think fit. 1715, ch. 44, §. 7.
7. Any Justice of the Provincial
or County Court
may hear and determine all Manner of private and personal
Controversies between the English and Indians,
exceeding the Value of 20 s. Sterling. And
in case of
either Party refusing to perform the Judgment given,
may seize any Goods of the Offender, and thereout
make full Satisfaction to the Party wronged, returning
the Overplus to the Owner. 1717, ch. 14.
8. Indians may kill Deer
within the Time prohibited
in this Act for private Use only, and not for Sale.
1730, ch. 17, §. 4. See Deer.
9. The County Courts are impowered,
to determine, in a summary Way, all private and personal
Controversies between Inhabitants and Indians,
wherein the Value shall exceed 20 s. Sterling;
being summoned, or voluntarily appearing, and
to give Judgment thereon and award Costs. But,
Party against whom Judgment is given, may appeal to
the Provincial Court, &c. 1756, ch. 9,
§. 2 and 6.
10. The Constable of the respective
wherein any Indian Town lies, shall, before the
June yearly, go to such Town, and require from
Chief Indian, or Great Man of the Town, an exact
Account of the Names, (both Indian and English)
Sexes and Ages, of all the Indians belonging thereto;
and shall make a fair List of the Men, Women, Boys
and Girls, distinguishing each Sex and Age by different
Columns; and shall deliver the same to the County
Clerk, by him to be recorded. 1756, ch.
13, §. 2.
11. Such Great Man refusing or delaying to give
such Account, the Constable shall inform the Chief
Justice of the County, who shall issue his Warrant to
apprehend and bring such Chief Indian before him:
And, if he do not give a satisfactory Reason for such
Refusal, &c. the said Justice shall commit such Indian
to Prison until he give such Account, and pay Commitment
12. Any Indian having occasion to go
Town to which he or she belongs, shall apply to some
Magistrate of that County, who shall give a Pass,
without Fee, expressing the Indian's Name, Description,
&c. under the County Seal. Any Indian, discovered
without such Pass, Ten Miles distant from the
Town to which he or she belongs, may be seized and
carried before the next County Magistrate, who shall
commit such Indian until it made appear to him to
what Town such Indian properly belongs. And when
it shall appear that such Indians doth belong to some
Town in this Province, or is in Alliance with his Majesty's
Subjects in America, then such Indian shall be
discharged, on the Justice's Warrant; and the Sheriff's
Commitment Fees be assessed in the Public Levy.
Ibid. §. 3.
13. But nothing in this Act shall restrain Indians
the Six Nations from travelling as Embassadors or Messengers,
to the Governor of this Province. Ibid. §. 4.
14. Encouragement given to a Party of Cherokee
1758, ch. 1.
See Deer, 1, 3, 4. Militia, 9.
Runaways, 4. Wolves,
1. The Bounds of a certain Tract
of Land, to the
Use of the Nanticoke Indians, in Dorchester County, are
settled, and the Lands confirmed to them, their Heirs
and Successors for ever; to be held of the Lord Proprietary,
under the yearly Rent of one Beaver Skin.
1704, ch. 58, §. 2.
2. But if the Indians desert the said Lands,
former Grantees of Lord Baltimore may enter upon the
same; nor shall any such Grantees be liable to the
Payment of Quit-Rents for the said Lands, before they
are in actual Possession thereof. Ibid. §. 3, 4.
3. Commissioners were appointed to lay out 3000
Acres of Land, on Broad-Creek in Somerset County, to
the Use of the Nanticoke Indians. The Lands to be
valued by a Jury, and the said Value to be paid to the
Owners by the Public. 1711, ch. 1, §. 2.
4. The said Lands to be surveyed, laid out, and
bounded; the Lines to be marked on Trees or other
Land-marks, to perpetuate the same: And the Commissioners
to return fair Certificates of their Proceedings
to the Provincial Court, and Somerset County
Court, to be therein recorded. Ibid. §. 3.
5. The Lands so laid out and paid for, to remain
the Use of the said Indians as long as they shall
the same; and afterwards shall be disposed of as the
General Assembly shall direct. Ibid. §. 4.
6. Such Laying out and Payment, shall be a perpetual
Bar against any Right, Claim or Interest, in the
said Lands, derived from the Owners. Ibid. §. 5.
7. Commissioners to be appointed for re-surveying
the Indians Lands, and ascertaining the Bounds thereof.
The Commission to be in Force for Three Years, but
the proceedings and Determinations thereon to be perpetual.
1721, ch. 12.
8. The Nanticoke Indians shall
have free and uninterrupted
Possession of the tract lying between the
North-West Fork of Nanticoke River, and Chicacone
Creek, as bounded by the Act of 1698, ch. 15, during
such Time as they shall think fit to use and not totally
desert and quit Claim to the same; nor shall they at
any Time sell, or lease for Term of Years, any Part
thereof. 1723, ch. 18, §. 2 .