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Bacon's Laws of Maryland
Volume 75, Page 674   View pdf image (33K)
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I    N    D    E    X.

 
INDIANS LANDS.

    9.  The like Possession is confirmed to the Choptank
Indians
, of the Tract in Dorchester County, upon Choptank
River, as surveyed and returned by the Commissioners
appointed to lay the same out, pursuant to the
Act of 1721, ch. 12, (see above, Art. 7,) that Survey
being found agreeable to the Act of 1699, ch. 1, by
which that Land was originally granted to the said
Indians.  Ibid.
   
10.  The Choptank Indians shall not sell, or let to
Farm, any Part of the said Lands, except such Part
as lies to the Eastward, Southward, and Westward,
of the Lines formerly run from the Head of Sewell's
Creek, to William Barrington's bounded Tree, as the
exterior Bounds of the Land, pursuant to an Ordinance
of the Assembly.  And all the Purchases or Leases of
any Part (except as before excepted) are declared void.
Ibid. §. 3.
    11.  No Lease already made shall be of Force longer
than 7 Years from the End of this Session.  And all
Sales, Gifts, Grants or Leases, made by the said Indians
since November 1721, of any Lands on the South
Side of Sewell's Creek, &c. and within the Lines mentioned
in the foregoing Article, are declared void, as
being contrary to the Ordinances of Assembly then
made.  Ibid.  §. 4 and 5.
    12.  But Purchases bonâ fide made since November
1721, or hereafter to be made, or that Part of the Choptank
Indians
Lands, within the Bounds ascertained by
the Commissioners, and excepted in Art. 10 are confirmed
to the Purchasers, their Heirs, &c. for ever.
Provided such Purchases be made when the Indians are
sober, &c. and the Consideration paid to them before
executing the Deeds of Sale; and that all such Deeds
be acknowledged by them before the County Court,
or before One or more Members of the Council; otherwise
to be void.  Ibid.  §. 6, 7.
    13.  The Falling, &c. of Timber within the Bounds 
of Indians Land, whereof any other Person hath the
Fee, shall be accounted a Trespass:  And the Trespasser
shall be liable to Action, and Damages by recovered
by the Grantee, in the same Manner as if such
Grantee were in actual Possession of the Land.  1704,
ch. 39.
    14.  Charles Sewell, Esq; was satisfied for such Lands
laid out for the Choptank Indians (and which had
been appropriated for their Use by 1699, ch. 1, (see
above
, Art. 9,) as his Father Nicholas Sewell had not
been paid for in his Life Time:  And also enacted, that
when those Indians shall totally desert those Lands,
they shall be Sold for the Use of the Public.  1741,
ch. 12.
    15.  The County Courts are impowered, upon Petition,
to determine in a Summary Way, all Complaints
against Persons holding Indians Lands, and refusing to
pay the Rents agreed for, and to give Judgment
thereon, and award Execution with Costs.  1756,
ch. 9, §. 2, 3.
    16.  On Complaint made of Waste or Trespass upon
the Indians Lands, and the same appearing on the Oath
of one sufficient Evidence, the County Court shall
issue their Warrant to the Sheriff, to summon a Jury of
Eighteen Freeholders, to appear on the Lands at a certain
Day; who, upon Oath, shall assess the Damages,
under their Hands and Seals, or the Hands and Seals
of any Twelve of them that shall agree; which Inquisition
shall be returned by the Sheriff, under his
Hand and Seal, to the next County Court. The Sheriff 
shall summon and swear to the Jurors all such
Witnesses as may be required:  The Court shall give
Judgment for the Damages mentioned in the Inquisition,
unless Cause by shewn, why the said Court, &c.
And the Party against whom Judgment shall be given,
shall pay the Officers Fees, and 15 lb Tobacco
to each Juror for every Day's Attendance.  Ibid.
§. 4.
    17.  Any Two County Justices, on Complaint of the
Indians, may go upon their Lands, and finding the

INDIANS LANDS.

Complaint to be true, may issue their Warrant to the
Sheriff, to put out any person holding the same on
Pretence of Renting them from the Indians, and deliver
peaceable Possession to the said Indians.  And such
Person shall pay 64 lb Tobacco to each Justice, and
legal Fees to the Sheriff, &c.  Ibid.  §. 5.
    18.  Persons against whom Judgment is given, by
virtue of this Act, may appeal to the Provincial Court,
giving Security a in other Cases.  But such Judgment
shall not be reversed for Want of Judicial Process, &c.
if it appears that the Defendant was legally summoned,
&c.  Ibid.  §. 6.
INDIAN TOWNS.  See Indians, 10-12.
INDIAN WAR.  See Militia, 7.
INDORSEMENT of Bonds.  See Specialties, 1.
INDORSERS of Protested Bills.  See Advancement of
    Justice,
5.  Bills of Exchange, 2.
INDUCTION.  See Ministers, 1.
INFANT EXECUTORS.  See Orphans, 5.
INFANTS.  See Administration Bonds, 3.  Bankrupts, 5.
    Continuance of Actions,
3.  Limitation of Actions, 3, 6,
       
7, 8.  Minors, per Tot.  Specialties, 2.
INFORMER.  See Fines and Forfeitures.

INGROSSERS.

    1.  Any Person who shall ingross, or get into his
Hands by Purchase, Contract or Promise, any Goods
or Servants, with Intent to sell the same again within
Six Months, and the same, or any Part thereof, shall,
within that Time, sell again, for ready Tobacco, or

Tobacco to be paid the Shipping happening at the
Time of such first Sale, or for Tobacco to be shipped
for Payment of any Bill of Exchange drawn for Payment
of the said Goods, Merchandizes or Servants,
with Intent to avoid the Penalties of this Act, or shall
transport the said Goods or Servants out of this Province,
shall be deemed an unlawful Ingrosser or Regrator,
and suffer the Penalties of this Act.  1704, ch. 48,
§. 1.
    2.  Persons offending herein, and duly convicted
thereof, shall, for the first Offence, suffer Two Months
Imprisonment, and Loss of the Value of the Goods,
Merchandizes or Servants.  For the second Offence,
Six Months Imprisonment, and double the Value of
the Goods, &c. And, for the Third Offence, to
stand in the Pillory, forfeit all their proper Goods and
Chattels and suffer Twelve Months Imprisonment.
One Moiety of all which Forfeitures to be for the
Support of Government, the other to the Informer.
Ibid.  §. 2 and 3.
    3.  This Act shall not extend to the Payment of Wages
in Goods.  Ibid.  §. 4.

INJUNCTIONS.

    1.  On Application of any Person who shall think
fit to proceed in Equity against any Verdict or Judgment
rendered against him, in the County Court, such
Court may take Security from him, with two sufficient
Sureties, in not less than double the Debt and Costs

recovered, in the Form prescribed in this Act.  1723,
ch. 8. §. 5.
    2.  Which Bond shall be a sufficient Supersedeas to
stay farther Proceedings, 'til a Certificate is obtained 
out of Chancery, either of the Disallowance of an
Injunction in such Case, or that such Injunction hath
not been sued out of Chancery within two Months, or
is dissolved.  Ibid.
    See Administration Bonds, 1.  Continuance of  Actions,
       
3.
INROLLMENT of Deeds.  See Church Lands, 1.
    Conveyances,
2, 3, 6-11.
INSPECTING-HOUSES.  See Warehouses.
INSPECTION of Flour and Bread.  See Flour and
    Bread
.
INSPECTION of Tobacco.  See Inspectors.  Tobacco
    Inspected,  Warehouses.



 
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Bacon's Laws of Maryland
Volume 75, Page 674   View pdf image (33K)
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