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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 373   View pdf image (33K)
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The Lower House. 373


and Upper House of Assembly were made drunk by him,
in which Condition with allurement of the Money a bargain
was brought about for the Land in Question.
Secondly that the said Land was purchased by him at an
under rate the Consideration being Expressed in the Deed
to be Twenty Seven Pounds Ten Shillings Currant Money,
whereas the Publick paid Majr Sewall the Year following for
a Tract of Land Called Indian Neck of which Tract Isaac
Nicholls had purchased the Better part.
Thirdly that the purchase and Improvements made by
Isaac Nicholls aforesaid tend evidently to the defeating the
good Endeavours of the Legislature in making the Indians
the Primitive Inhabitants of this Country Easy under their
present Circumstance and loss of their Country by securing
Convenient and Suitable Lands for them and their Posterity
to Subsist upon for Nichols knew before the time of his Pur-
chase that Major Sewall Claimed the Land and had petitioned
the Assembly for Satisfaction therefore
It appears likewise to this Comittee that the Attested Certe
of Sales Can be of no Avail to said Nichols in the present Case
where his purchase differs so very widely from those here-
tofore made by the English who then Lay under no manner
of Restriction from the Government Concerning the purchase
of Indian Lands
It appeareth lastly to this Comittee that Since the time of
the purchase by the said Nichols, Major Nicholas Sewall did
so far make out his Right to that tract of Land Called Indian
Neck within the bounds whereof Nichols's purchase is wholy
Contained, That the publick paid him Thirty Thousand
pounds of Tobacco for it, and must Consequently bar and

L. H. J.

make Void Nichols's Title even Altho, that Act of 1723:
Marked E. E. had not been made and leaves no Room at all
for the said Nichols who purchased thro obstinance and folly
to Expect any Compensation from the Country for his pre-
tended Right to the same.
The Premisses being Considered this Comittee are humbly
of Opinion that no Compensation be made Either to Capt
Rider or Isaac Nichols for the Lands in Question and are in
hopes that if his Lordship will be pleased to give himself the
Trouble of Inspecting the Report and the Journals of the Two
Houses at the time of passing the Act in 1723 Marked E. E.
he will neither dissent to that Act nor so Readily give Counte-
nance to Applications made to him for the future wherein
the Justice of the Legislature of this province is so grossly

p. 75




 
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Proceedings and Acts of the General Assembly, 1724-1726
Volume 35, Page 373   View pdf image (33K)
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