IV. And whereas
divers Persons have committed divers Trespasses and
Wastes on such of the said Indians Lands, which have not been
granted to
any of the Inhabitants of this Province, by falling, mauling, and carrying
away the Timber off from such land, and refuse to pay and satisfy the said
Indians for the same: For Remedy whereof; Be
it Enacted, That the Justices
of the County Courts where the said Lands do lie, are hereby impowered
and directed, upon Complaint to them made by the said Indians of
any
Trespasses as aforesaid, that have been committed, or that shall or may
at any
Time hereafter be committed, on such of the aforesaid Indian Lands,
and
making the same appear by the oath of one sufficient Evidence, to issue
their
Warrant to the Sheriff of the said County, thereby commanding him to summon
a Jury of at least Eighteen good and lawful Freeholders of his County,
to appear on the Lands aforesaid, at a certain Day thereon to be appointed,
who shall then there, upon their Oath (to be administered to them by the
said Sheriff) diligently Enquire into, and true Presentment make of all
such
Wastes and Trespasses committed on the said Lands by the Person or Persons
complained against, and shall assess the Damages and true Value of the
same:
And the said Sheriff shall then and there take an Inquisition thereof,
under
the Hands and Seals of the said Jurors, or any Twelve of them that shall
agree, and the same, under his Hand and Sea;, shall return to the Justices
of
the next County Court, and the said Sheriff shall, and is hereby directed
to
Summon and Swear to the same Jurors, all such Witnesses as may be required:
At which said next Court, if the Person or Persons so charged, shall not
shew
unto the Justices of the said Court, sufficient and legal Cause why the
said
Court should not proceed to give Judgment on such Inquisition, then the
Justices of the same Court shall give Judgment thereon to the said Indians,
for the Damages mentioned in such Inquisition, and shall award Execution
thereon, as in other Cases; and the said Person or Persons, against whom
Judgment on such Inquisition shall be given, shall, and is hereby obliged
to
pay unto the several Officers, their legal Fees, and to each of the said
Jurors
who shall pass on the enquiry aforesaid, the Sum of Fifteen Pounds of Tobacco
for each Day's Attendance; to be recovered and levied as Officers Fees
are collected and levied.
V. And
to prevent any Person hereafter holding any of the said Indian
Lands, under Pretence of Renting the same, contrary to the Laws of
this
Province; Be it Enacted, That
any Two Justices of the Peace in the County
where the Lands lie, shall, and are hereby impowered, upon Complaint to
them made by the said indians, of any Persons holding their said
Lands, under
Pretence of Renting the same of the said Indians, or who shall enter
into the
same without their Permission, to go upon the said Lands, and view the
same,
and if they find the said Complaint to be true, to issue their Warrant
to the
Sheriff of the County, to put out such Person or Persons holding the same,
and deliver full and peaceable Possession thereof to the said Indians;
and the
said Person or Persons, against whom such Warrant shall be so issued, shall
pay unto each of the said Justices for their Trouble therein, the Sum of
Sixty-four Pounds of Tobacco; and to the Sheriff, such legal Fees as in
other
Cases for Serving Writs of Possession, he may charge; to be recovered
by Warrant, before one Justice of the Peace, as in case of small Debts.
VI. Provided
nevertheless, and be it Enacted, That any Person or Persons,
against whom any Judgment in any Court, by virtue of this Act, shall
be given, shall have the Right of Appealing to the Provincial Court of
this
Province, he or they giving Security as in other Cases. But no such
Judgment
shall be Reversed for want of judicial Process, or that the same was not
Tried by any Jury, or any Matter or Form, either in the Entry or giving
Judgment, if it appears by the Record that the Defendant was legally Summoned
or Appeared, and was not Condemned unheard.
Examined and Compared with the Original Act, REVERDY
GHISELIN,
THOMAS BACON. |
CHAP.
IX.
And also to
give Judgment,
&c.
for Waste or
Trespass
committed
on their
lands.
The Damages
to be assessed
by a
Jury, summoned
to enquire,
&c.
Officers Fees
and Jurors
Allowance.
Two County
Justices impowered,
on
Complaint,
to give peaceable
POssession
of Lands to
the Indians
unduely held
from them.
Magistrates
and Sheriffs
Fees.
But Appeal
may be made
to the Provincial
Court. |
