made at the City of St. Mary's In the Year of our Lord Sixteen
Hundred
Sixty-nine, by which that Land was granted to the said Indians.
III. And be it
further Enacted, That the Choptank Indians aforesaid, at
any
time hereafter, shall not on any Pretence whatsoever, alienate, dispose,
sell,
or let to farm, any Part or Parcel of the Lands beforementioned, except
that
Part thereof which lies to the Eastward, Southward and Westward
of those
Line formerly run, from the Head of Secretary Sewall's Creek,
to the Bounded
Tree of William Dorrington, by Colonel Thomas Smithson,and
Lieutenant-Colonel
Thomas Ennalls, as the exterior Bounds of the aforesaid Land,
pursuant
to an Ordinance of Assembly then made: And that if any Person
shall
presume to Purchase or Lease any part thereof (except as before excepted)
such
Purchase or Lease shall be utterly void, and of none Effect.
IV. And it is
hereby further Enacted, That no Lease for Term of Years,
or for Life, already made, shall be of any Force or Effect longer than
Seven
Years after the End of this session of Assembly, and that those persons
who
hold by virtue of any such Lease from the said indians, be,
and are hereby
obliged punctually and faithfully to pay and satisfy to such Indian
or
Indians,
under whom they hold, the several and respective Rents contracted doe:
And
if any Person shall refuse or delay to pay such Rent yearly, as it
becomes due,
and remaining unpaid, upon Complaint to him made by such Indians,
to issue
Warrant, give Judgment, and award Execution for the same, in the same
Manner as in the Act for Recovery of small Debts is provided.
V. And be it
further Enacted, That all Sales, Gifts, Grants, or Leases,
made by any the Indians aforesaid, since november Seventeen
Hundred and
Twenty-one, of any the Lands lying on the South Side of Secretary Sewall's
Creek aforesaid, and the Southern Branch thereof, and within the Lines
run
by Colonel Thomas Smithson, and Lieutenant-Colonel Thomas
Ennals as aforesaid,
being contrary to an Ordinance of Assembly them made, be, and are
hereby declared to be null, void, and of no Effect.
VI. Provided
nevertheless, That such Surveys and Purchases which have
already, bonâ Fide, been made of any of the Choptank
Indians lands, comprehended within the Metes and Bounds surveyed
and ascertained
by the Honourable Philemon Lloyd, Esq; Colonel Richard Tilghman,
and Colonel Matthew Tilghman Ward, Commissioners as aforesaid,
and lying
to the Eastward, Southward or Westward of the Lines run by Colonel
Thomas
Smithson, and Lieutenant-Colonel Thomas Ennals aforesaid,
be, and are
hereby confirmed and made valid unto the Purchasers or takers up of
the
same, and their Heirs and Assigns for ever; any thing in this Act to
the contrary
notwithstanding.
VII. Provided likewise,
That such Purchases by any Person or Persons of
any land belonging to the Choptank Indians aforesaid, be made
when those
Indians are Sober, and of sound and perfect Memory; and the
Consideration
agreed for paid, or secured to be paid to them, by such Purchasers,
before the
Executing of the deeds of Sale; and that all Deeds of Sale hereafter
made
by the Indians aforesaid, shall be acknowledged by them before
the Justices of
the County in Court sitting, or before One or more of his Lordship's
Council,
who are hereby impowered to take the same, otherwise to be void, and
of no Effect.
Examined and Compared with the Original Act, REVERDY GHISELIN,
THOMAS BACON. |
CHAP.
XVIII.
But shall not
sell or lease,
&c.
An Exception.
All Purchases
or Leases
(except as before)
shall be
void.
No Lease already
made
shall be of
Force longer
than seven
Years from
the End of
this Session,
&c.
All Sales, &c.
made by the
said Indians
since November
1721, of
Lands on the
South Side of
Sewell's Creek
&c are declared
void.
But Purchases
made bonâ
Fide, since
Nov. 1721,
&c. of that
Part excepted
in §. 3, are
confirmed.
Provided such
Purchases be
made when
the Indians
are sober, &c.
and the Deeds
acknowledged, &c. |