Preamble.
County
Courts impowered
to
determine in
a summary
Way all personal
Controversies
between
Inhabitants
and
Indians, where
the Value
exceeds 20
Shillings
Sterling.
And all Disputes
concerning
the
Rents of the
Indians
Lands. |
WHEREAS the several Laws of this Province do not sufficiently
provide for Quieting the Differences that have arisen, and may
hereafter arise, between the Inhabitants of this Province, and the
several Indians now in Amity with them, or Punishing Trespasses
committed
on their Lands: For Remedy whereof,
II. Be it Enacted,
by the Right Honourable the Lord Proprietary, by and with
the Advice and Consent of his Lordship's Governor, and the Upper
and Lower
Houses of Assembly, and the Authority of the same, That the
Justices of the
several COunty Courts, in this Province, be, and are hereby authorized
and
impowered to hear and determine, in a summary Manner, upon Petition exhibited
to them, all Manner of Controversies and Differences, Claims and
Demands, of what Nature or Kind soever, which have happened, and not
yet determined, or may hereafter happen or arise between the said Inhabitants,
and Indians, in private and personal Controversies, and award judgment
thereon, so always as the same exceed the Value of Twenty Shillings Sterling,
and the Person or Persons against whom such Complaint be made, be summoned
to answer the same, or shall voluntarily appear thereto; and the said
Justices shall and may issue Execution or Executions on such their Judgment,
with Costs of Suit, as in other Cases.
III. And whereas
divers Persons, notwithstanding the Laws of this Province
to the contrary, have Rented of the said Indians divers Parcels
of their
said Lands, and settled thereon, and yet, notwithstanding, refuse to pay
them
the Rents agreed to be paid: And whereas it is highly just and
reasonable that
those Persons, who have held and occupied the said Lands, under Agreement
to pay Rent for the same, should pay the Rents so agreed for, according
to their
Contracts; Be it Enacted, by and
with the Authority, Advice and Consent aforesaid,
That the Justices of the several County Courts aforesaid, shall and
may, and hereby authorized and impowered, to hear and determine all
such Complaints, and give Judgment thereon to the said Indians,
for the
Rents agreed to be paid, with Costs, in a summary Manner, as before by
this Act is directed, and shall and may award Execution thereon; any Law
or Custom to the contrary thereof notwithstanding. |