the monies, funds, obligations, and records belonging to the Massachusetts said tribe of Marshpee, and the said tribe of Herring-Pond 1808, Indians, and take receipts for the aame; and the board of overseers to be appointed by this act, are hereby empowered to demand and receive all the property and papers aforesaid, at or before the time aforesaid, and to give them receipts for the

same.

Sec. 2. Be it further enacted, That so much of the first section of the act to which this is an addition, as directs the appointment of a board of five overseers, and of more than one guardian, be, and the same is hereby repealed. [March 9, 1808.]

1810.

An Act for the better regulation of the Indians, and other people of colour, inhabitants of the island of Chappequidick, in the county of Duke's county.

Sec. 1. Be it enacted by the Senate and House of Repre- 1810. sentatives, in general Council assembled, and by the authority of the same, That his excellency the Governor, with the advice of the Council, is hereby authorized and requested to appoint three commissioners, who shall meet in the month of March next, and when met, shall have power to make a distinct and specific assignment of the lands belonging to the Indians, and other people of colour, inhabitants of the Island of Chappequidick, in the county of Duke's county, to the different individuals and families, in such quantities as they shall deem proper, reserving from said lands such portions for annual appropriations by the guardians of the said Indians, and people of colour, as the said commissioners may judge expedient; and each individual and family shall retain possession of the land so assigned, for the term of ten years from the thirty first day of March next, at which time a new assignment of the said lands shall be made by the guardians of the said Indians.

Sec 2. Be it further enacted, That no promise made, or contract entered into, by any of the said Indians, or people of colour, shall be valid in law, unless the same be made or entered into with the written consent of two or more of their guardians; and no action hereafter brought upon such promise or contract, made or entered into without such written consent, shall be sustained in any court of law.

Sec. 3. Be it further enacted, That no action shall be sustained in any court of law in this Commonwealth, wherein any

1810.

Massachusetts of said Indians or people of colour shall be plaintiff, unless the original writ be endorsed by two or more of their guardians; and this act may be given in evidence in all such actions under the general issue. [February 27, 1810.]

1811.

1811.

An Act for the better regulation of the Indian, Mulatto, and Negro proprie. tors of Gay Head, in the county of Duke's county.

Sec. 1. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That his excellency the Governor, by and with the advice of the Council, may appoint three proper persons to be guardians to the Indian, mulatto, and negro proprietors of Gay Head, in the county of Duke's county, who shall give bonds with sufficient sureties to the judge of probate in and for said county of Duke's county, for the faithful discharge of their trusts, and to render and settle their accounts as is thereinafter directed; which guardians are hereby empowered to take into their possession the lands of said Indians, mulattoes, and negroes, and allot to the several Indian, mulatto, and negro proprietors of said lands such parts of said lands as shall be sufficient for their particular improvement from time to time; and the remainder, if any there be, shall be let out by the said guardians to suitable persons, for a term not exceeding two years, and such part of the income thereof as is necessary, shall be applied for the support of such of the said proprietors as may be sick or unable to support themselves, and the surplus thereof, (if any there be,) shall 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, or the major part of them, 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, or any action of ejectment against any person or persons who may illegally enter into the possession of said lands; and that any liberty or pretended liberty obtained from any Indian, mulatto, or negro proprietor, for cutting off any timber, wood, or hay, carrying off any ore, earth or grain, or planting or improving said lands, shall not be any bar to said guardians in their said action or actions.

Sec. 2. And be it further enacted, That no action shall be brought against any of the Indian, mulatto, or negro proprie.

tors of said lands, for any debt hereafter to be by them con- Massachusetül tracted with any person or persons for any sum whatsoever, 1811. unless the same be first examined and allowed in writing, and signed by the said guardians, or a major part of them.

Sec. 3. And be it further enacted, That the said guardians shall keep a fair account of their proceedings relative to the trust in them reposed by this act, to be by them laid before the court, who exercise the powers and duties of the Court of Sessions for the county of Duke's county, from year to year, and oftener if required by said court, for their inspection and allowance.

Sec. 4. And be it further enacted, That no action shall be sustained in any court of law in this Commonwealth, wherein any of said Indian, mulatto, or negro proprietors shall be plaintiff, unless the original writ be endorsed by two or more of their guardians; and this act may be given in evidence in all such actions under the general issue.

Sec. 5. And be it further enacted, That whenever the Governor and council shall judge the continuance of the said guardians in their said trust inexpedient or unnecessary, they may remove them. [June 25, 1811.]

18:3.

An Act in addition to an act for the better regulation of the Indian, Mulatto and Negro proprietors of Gay Head, in the county of Duke's county.

Be it enacted by the Senate and House of Representatives, 1813 in General Court assembled, and by the authority of the. same, That the guardians to the Indian, mulatto and negro proprietors of Gay Head, shall have a lien on the stock pastured on said proprietary, for the payment of rent of said pasturage, and are hereby vested with all the powers of collectors of taxes, to destrain the stock actually depastured for rents in arrears. [June 16, 1813.]

1818.

An Act in addition to an act, entitled "An act for the protection of the Indians and their property, in that part of Duke's county, known by the name of Christiantown."

Sec. 1. Be it enacted by the Senate and House of Repre- 1818, sentatives, in General Court assembled, and by the authority of the same, That the guardians appointed in pursuance of the act, entitled "An act for the protection of the Indians

1818.

Massachusetts and their property, in that part of Duke's county known by the name of Christiantown," "be, and they hereby are required, within six months after the passing of this act, to file their account of guardianship with the circuit court of common pleas for the county of Duke's county, which court, after due notice to all parties concerned, shall settle and allow such account, in the same manner as judges of probate are now authorized to allow and settle the accounts of trustees. And the said guardians shall hereafter, once in two years at farthest, settle a like account with the court of common pleas, in manner above directed.

1819.

Sec. 2. Be it further enacted, That so much of the act above named, as authorizes the Indians at Christiantown, with consent of their guardians, to sell and convey any part of their land, be, and the same hereby is repealed; and that from and after the passing of this act, no part of said lands now holden by Indians, shall be sold without the consent of the Legislature. [Feb: 12, 1818.]

1819.

An Act in addition to the several acts respecting the Indians and other persons proprietors and residents on the plantations of Marshpee and Herring Pond, so called.

Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That from and after the passing of this act, to constitute a proprietor of the plantation or district of Marshpee, or a member of said Herring Pond tribe, the person alleged to be a proprietor, must be a child or lineal descendant of some person who is now a proprietor; and in no other way or manner shall the rights of proprietorship be acquired: and the overseers of said Marshpee and Herring Pond tribes shall, as soon as may be, after the passing of this act, cause to be made an enumeration or census of all the proprietors and members of the said tribes, and of all other persons resident on their plantations, respectively; distinguishing proprietors from all other persons; and make a record thereof, of the names and ages of all such proprietors and members; which record shall distinguish the said tribes, and shall be annually revised and corrected by the said overseers, at their stated annual meeting; and a return thereof shall be made by the said overseers, to the Governor and Council, on or before the last day of December annually.

Sec. 2. Be it further enacted, That the overseers afore- Massachusetts said, in addition to the powers granted to them as overseers, 1819. be, and they are hereby invested with all the powers, and shall discharge all the duties, which, by any law, is or may be given to, or incumbent upon, a guardian or guardians of such Indian tribes, whenever such office of guardian shall be vacant.

Sec. 3. Be it further enacted, That if any person shall sell, give, or deliver any spirituous liquor, or any liquor or mixed liquor, the nature of which is intoxicating, to any proprietor or member aforesaid, without a permit first obtained in writing, either from said overseers, or from some suitable agent of their appointment, or some respectable physician who is employed to take care of the sick of the said proprietors; and agreeably to such permit, every person offending in such case, and being thereof convicted before any court having competent jurisdiction of such offence, shall pay a fine not more than fifty dollars, according to the nature and aggravation of the offence. And it shall be the duty of the overseers to give information to the proper officers for prosecuting such offences.

Sec. 4. Be it further enacted, That the said overseers shall have the power to bind out to service, for any length of time not exceeding three years, any proprietor or member aforesaid, who, in the judgment of said overseers, has become an habitual drunkard and idler; and the earnings of such person, in such service, to receive and apply to his or her maintenance and support, or to the support of his or her family, or to the 'support of the said proprietors, generally, as the overseers, in their discretion, may think proper.

Sec 5. Be it further enacted, That all real estate acquired by the industry of the proprietors and members aforesaid, and purchased by them, shall be the sole and separate property and estate of such proprietor or member so acquiring and purchasing the same, and may be by him or her enjoyed, sold, alienated and disposed of by deed, will, or otherwise.

Sec. 6. Be it further enacted, That if any proprietor or member of either of the tribes aforesaid, or any other person, shall cut, fell, or destroy, or take away, any wood, timber or other property, standing, growing, or being on any of the lands belonging to the said proprietors or members of the said tribes, not set off and assigned in manner provided by law, or cause the same to be done; or if any person, not a proprietor or member of either of the said tribes, shall cut, fell, destroy, or take away any wood, timber, or other property, standing, growing or being on any of the lands of either of the said tribes, which has been or hereafter may be set off and assigned in.