1693-4 Sec. 2. And be it further enacted by the authority afore- Massachuset said, That no person or persons whosoever, shall directly or indirectly sell, truck, barter, or give to any Indian, any strong beer, ale, cider, perry, wine, rum, brandy, or other stong liquors, by what name or names soever called or known, on pain of forfeiting the sum of forty shillings for every pint, and proportionably for any greater or lesser quantity so sold, trucked, bartered, given, or delivered to any Indian, directly or indirectly, as aforesaid, upon conviction thereof before a justice of the peace, where the penalty does not exceed forty shillings; and, if it exceed that sum, at the sessions of the peace to be holden for the same county where the offence is committed: one moiety of all such forfeitures to be unto their Majesties, for and towards the support of the Government; and the other moiety, to him or them that shall inform and prosecute the same, by bill, plaint, or information; and if the offender be unable, or shall not forthwith pay and satisfy the said penalty or forfeiture, then to be committed to the gaol of the county, there to remain until he pay and satisfy the same, or suffer two months imprisonment: Provided, this act shall not be intended, or extend to restrain any act of charity for relieving any Indian, (bona fide) in any sudden exigent, or faintness, or sickness, not to exceed one or two drams; or, by prescription of some physician in writing, or by the allowance of a justice of the peace. And for the better discovery of such ill-disposed persons, who, through greediness of filthy lucre, shall privately sell or deliver strong liquors, or strong drink to any Indian or Indians (of which it is difficult to obtain positive evidence, other than the accusation of such Indian or Indians,) and, to the intent that murders and other outrages frequently occasioned thereby, may be prevented, It is ordained and enacted, That the accusation and affirmation of any Indian, with other concurring circumstances, amounting to an high presumption, in the discretion of the court, or justices who have cognizance of the case, (the accuser and accused being brought face to face at the time of trial) shall be accounted and held to be a legal conviction of the person so accused, of giving, selling, or delivering wine, rum, or any other strong drink or liquors, to such Indian, unless the party accused shall acquit him or herself thereof upon oath; which the court or justice, respectively, are hereby empowered to require and administer unto the person accused, in form following, that is to say: Massachusetts 1693-4. 1725. "You, A. B. do swear, that neither yourself nor any other, by your order, general or particular assent, privity, knowledge, or allowance, directly or indirectly, did give, sell, or deliver any wine, cider, rum, or other strong liquors or drink, by what name or names soever called or known, unto the Indian by whom and whereof you are now accused. So help you God." And further it is enacted, That it shall and may be lawfu to and for any person or persons to seize any wines, strong liquors or cider, which he or they may find in the custody of any Indian, not obtained by allowance as aforesaid; (other than cider made of fruit of their own growth) and to deliver the same unto the constable, or any one or more of the selectmen of the town, where the same shall be seized, to and for the use of the poor of such town; and to apprehend such Indian, and to cause him or her to be conveyed before the next justice of the peace, to be examined where and of whom, they had such strong drink. And every Indian convicted of drunkenness, shall suffer and pay unto the use of the poor of the town or place where such offence is committed, the sum of five shillings, or else be openly whipped by the constable of such town or place, or some other that he shall procure, not exceeding ten lashes, as the justice of the peace before whom such conviction is shall determine. [1725.] An Act for the allowing necessary supplies to the Eastern Indians, and for regulating trade with them, and for the repealing an act, entitled " An act to prohibit trade and commerce with the Eastern Indians," made and passed in the eighth year of his present Majesty's reign. Whereas, the Indians in the Eastern parts of this province having been some years past in hostilities and rebellion, have now submitted themselves, and recognized their subjection and obedience to the crown of Great Britain, and have their dependence on this Government for supplies of clothing and other necessaries: to the intent, therefore, that they may be furnished with the same at such easy rates and prices as may oblige them to a firm adherence to his Majesty's interest, Be it enacted by the Lieutenant Governor, Council, and Representatives, in General Court assembled, and by the authority of the same, That provisions, clothing, and other supplies suitable for the carrying on a trade with the said Indians, not exceeding the value of four thousand pounds, be, at the session of this Court in May next, procured at the cost and charge of this province; and the produce thereof applied, from time to time, for supplying of the said Indians, as aforesaid, by such person or persons as shall annually be chosen by this Massachusetts Court, who shall take the direction of the Governor and Coun- 1725. cil in the recess of the Court, as occasion shall require: Provided always, such direction be not inconsistent with the instructions of this Court. And likewise annually lay before. this Court fair accounts of all his or their proceedings herein; which supplies of clothing, provisions, and other things, shall be lodged at such places to the eastward of Falmouth, in Casco bay, as the General Court shall, from time to time, order and appoint. [1747-] An Act for explaining an act, entitled "An act to prevent and make void Whereas, doubts have arisen whether the act passed in the 1747. Be it therefore declared and enacted by the Governor, Council, and House of Representatives, That the said act was intended to extend, and did, doth, and ought to be understood to extend to all devises of real estates made by the last wills and testaments of any of the said Indians; and all such devises of lands, or other real estate whatsoever, by any last will and testament from any Indian or Indians inhabiting within this province, to any English person or persons, that have been heretofore made, and have not been approved by the General Court; and also all such as shall hereafter be made, unless the approbation of the General Court shall be obtained, are hereby declared utterly void and of no effect. [1758.] AN ACT in addition to the several acts for the better regulating the Indians. Whereas, the act of this Government, intituled "An act in addition to the several acts for the better regulating the Indians," is near expiring; and as said act has proved very beneficial to the Indians, and a further regulation is also necessary: 1758. Massachusetts Be it enacted by the Governor, Council, and House of 1758. Representatives, That there be three proper persons appointed for the future by this Court, near to every Indian plantation in this province, guardians to the said Indians in their respective plantations, who are hereby empowered from and after the twenty third day of June, A D 1758, to take into their hands the said Indians' lands, and allot to the several Indians of the several plantations, such parts of the said lands and meadows as shall be sufficient for their particular improvement from time to time, during the continuance of this act; and the remainder, if any there be, shall be let out by the guardians of the said respective plantations, to suitable persons, for a term not exceeding the continuance of this act: and such part of the income thereof as is necessary, shall be applied for the support of such of the proprietors in their respective plantations as may be sick or unable to support themselves; and the surplusage thereof, if any there be, distributed amongst them according to their respective rights or interest, for providing necessaries for themselves and families, and for the payment of their just debts, at the discretion of their said guardians; and that the respective guardians aforesaid be hereby empowered and enabled, in their own names, and in their capacities as guardians, to bring forward and maintain any action or actions for any trespass or trespasses that may be committed on the said Indian land; and that any liberty or pretended liberty obtained from any Indian or Indians for cutting off any timber wood, or hay, milking pine trees, carrying off any ore or grain, or planting or improving said lands, shall not be any bar to said guardians in their said action or actions: Provided, That nothing in this act shall be understood to bar any person or persons from letting creatures run upon the said Indians' unimproved lands that lie common and contiguous to other towns or proprietors. And be it further enacted, That from and after the twentythird day of June aforesaid, no Indian or Indians shall sell or lease out to any other Indian or Indians any of his or her lands, without the consent of the guardians, or a major part of the guardians of the Indians of the plantation wherein such lands do lie; and all sales or leases of land for any term or terms of years that shall at any time hereafter during the continuance of this act, be made by any Indian or Indians to any other Indian or Indians, shall be utterly void and of none effect, unless the same be made by and with license of the respective guardians as aforesaid. 1758, And be it further enacted, That no action shall be brought Massachusetts against any of the said Indians for any debt hereafter to be by them contracted with any English persons for any sum whatsoever, unless the same be first examined and allowed by the court of general sessions of the peace for the county where such Indian or Indians live, or the respective guardians of such plantations where such Indian or Indians live, except specialties approbated according to the law of this province, made in the fourth and fifth year of the reign of his Majesty king George the First, intituled "An act in addition to the act for preventing abuses to the Indians," made in the twelfth year of king William. And be it further enacted, That the several guardians aforesaid shall keep a fair account of their proceedings in the aforesaid affair, to be by them laid before the General Court from year to year, by said court to be adjusted and allowed of. This act to continue and be in force for the space of three years from said twenty-third day of June, and from thence to the end of the next session of the General Court, and no longer. 1789. An Act for the better regulating of the Indian, Mulatto, and Negro proprie Whereas, the provisions already made by law respecting the 1798, Sec. 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That a board of overseers shall be established, consisting of five discreet and disinterested persons, (two of whom to be inhabitants of the county of Barnstable, and the other three of the adjoining counties) and shall be appointed as is hereinafter directed; which overseers are hereby vested with full power and authority to regulate the police of the said plantation, to establish rules and regulations for the well ordering and managing the affairs, interest and concerns of the said Indian, and other proprietors and inhabitants, as well with respect to the improvement and leasing out of their |