be a perpetual bar against any claim derived from the owners
aforesaid.
By an act of 1721, ch. 12, the governor was authorised to
appoint commissioners to resurvey the indians' lands, and
ascertain the bounds thereof: the commission was to
continue in force for three years, but the proceedings under it
were to be perpetual. Commissioners were in consequence
appointed, and their survey was confirmed by act of 1723,
ch. 18, as being agreeable to the original grant of 1669.
By the aforesaid act of 1723 on a complaint, by the indians,
of encroachments upon their lands, it was enacted that the
Nanticoke indians, and their descendants, should have
free and uninterrupted possession of the tract lying between
the north west fork of Nanticoke river and Chicucone creek,
as bounded by the act of 1698, ch. 15, so long as they, or any
of them, should think fit to use, and not totally to desert and
quit claim to the same; and they were debarred from the right
of selling, or leasing for term of years, any part of the said
land. The like possession was confirmed to the Choptank,
indians, of the tract in Dorchester county, on Choptank river,
as surveyed and laid out under the commission
abovementioned: They, also, were interdicted from selling, or letting
to farm, any part of their said lands, except such part as lied
to the eastward, southward, and westward of the lines
formerly run from the head of Sewall's creek to William
Barrington's bounded tree, on the exterior bounds of the land, in
pursuance to an ordinance of the assembly then made, and
all purchases or leases not comprised within the aforesaid
exception were declared void. No lease already made, either
for term of years or for lives, was to be of force longer than
for seven years from the end of the (then) present session,
and all sales, gifts, grants, or leases, made by the said indians
since November 1721, of any lands on the south side of
Sewall's creek, and the southern branch thereof, and within the
lines run as aforesaid as the exterior bounds of the land, were
declared void and of no effect, but means were provided at
the same time for enforcing the regular payment of rents
accruing to the indians on leases not contravening those
provisions; and purchases bona fide made since the year 1721,
or thereafter to be made, not within the aforesaid prohibition,
were confirmed to the purchasers and their heirs forever,
provided such purchases were made when the indians were
sober, and of sound and perfect memory, and the
consideration paid to them before executing the deeds of sale, and
such deeds acknowledged by them before the county court,
or before one or more members of the council; the said deeds
to be otherwise void and of no effect.
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