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Bacon's Laws of Maryland
Volume 75, Page 348   View pdf image (33K)
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CHARLES CALVERT, Esq; Governor.
1723.
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.



 
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Bacon's Laws of Maryland
Volume 75, Page 348   View pdf image (33K)
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