1788. An Act to punish infractions of that article of the Constitution of this State, prohibiting purchases of lands from the Indians, without the authority and consent of the Legislature, and more effectually to provide against intrusions on the unappropriated lands of this State. Whereas, by the thirty-seventh section of the Constitution New York, of this State, reciting that it is of great importance to the 1788, safety of this State, that peace and amity with the Indians within the same be at all times supported and maintained; and that the frauds too often practised towards the said Indians, in contracts made for their lands, have, in divers instances, been productive of dangerous discontents and animosities; it is ordained, that no purchases or contracts for the sale of lands, made since the fourteenth day of October, one thousand seven hundred and seventy-five, or which might thereafter be made with, or of the said Indians within the limits of this State, shall be binding on the said Indians, or deemed valid, unless made under the authority, and with the consent of the Legislature of this State. In order, therefore, more effectually to provide against infractions of the Constitution in this respect, 1. Be it enacted by the people of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That if any person shall hereafter, unless under the authority, and with the consent of the Legislature of this State, in any manner or form, or any terms whatsoever, purchase any lands within the limits of this State, or make contracts for the sale of lands within the limits of this State, with any Indian or Indians residing within the limits of this State, every person so purchasing, or so making a contract, shall be deemed to have offended against the people of this State, and shall, on conviction, forfeit one hundred pounds to the people of this State, and shall be further punished by fine and imprisonment, in the discretion of the court. 2. And be it further enacted by the authority aforesaid, That every person who shall hereafter give, convey, sell, demise, or otherwise dispose of, or offer to give, convey, sell, demise, or otherwise dispose of any lands within the limits of this State, or any right, interest, part, or share, of or in any lands within the limits of this State, or intrude, or enter on, or take possession of, or settle on any lands within the limits of this State, pretending or claiming any right, title, or interest in such lands, by virtue, under colour, or in consequence of any purchase from, or contract for the sale of lands made with any such Indian or Indians as aforesaid, at any time since the fourteenth day of October, one thousand seven hundred and 1788. New York, seventy-five, and not under the authority, and with the consent of the Legislature of this State, every such person shall be deemed to have offended against the people of this State, and shall, on conviction, forfeit the sum of one hundred pounds to the people of this State, and be further punished by fine and imprisonment, in the discretion of the court. 3. And be it further enacted by the authority aforesaid, That if any persons other than Indians, shall, after the passing of this act, take possession of, or intrude or settle on any of the waste or ungranted lands of this State, lying eastward of the lands eeded by this State to the Commonwealth of Massachusetts, and westward of the line or lines commonly called the Line of Property, agreed on between the Indians and the superintendent of Indian affairs, in the year one thousand seven hundred and sixty-eight, every person so taking possession of, or intruding or settling on any such waste or ungranted lands, within the limits aforesaid, shall be deemed as holding such lands by a foreign title, against the right and sovereignty of the people of this State; and it shall and may be lawful for the person administering the government of this State for the time being, and it is hereby declared to be his duty to remove, or cause to be removed, from time to time, by such means, and in such manner as he shall judge proper, all persons other than Indians, who shall so take possession of, or settle or intrude on any of the waste or ungranted lands of this State, within the limits aforesaid, and to cause the buildings or other improvements of such intruders on such lands, to be destroyed; and for that purpose, in his discretion, to order out any proportion of the militia from any part of this State, and such an occasion to be deemed an emergency, intended in the second section of the act, entitled "An act to regulate the militia," passed the fourth day of April, 1786. And the detachments so from time to time to be ordered out, shall receive the same pay and rations, and be subject to the same rules and regulations, as is provided in the said section of the said act. 4. And for defraying the expenses of paying and subsisting the militia, so from time to time to be ordered out, and of the contingencies to arise in such services, Be it further enacted by the authority aforesaid, That it shall be lawful for the person administering the government of this State for the time being, from time to time, by warrant under his hand, to draw from the treasury of this State, such sum and sums of money as he shall deem necessary, not exceeding two thousand pounds: And the treasurer is hereby required, out of any monies he may have in the treasury, forthwith to answer every 1788. such warrant, any other appropriation of the monies in the New York, treasury, except appropriations to private persons in discharge of contracts, notwithstanding. And every person to be ap-. pointed or intrusted by the person administering the government, with the expenditure of any of the said monies, shall be responsible to the people of this State for the respective expenditures, and shall account with the auditor of this State accordingly. 1790. An Act more effectually to protect certain tribes of Indians residing within this State from frauds. Be it enacted by the people of the State of New York, 1790. represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That no person shall sue, prosecute, or maintain an action arising on a bond, bill, note, promise, or other contract whatsoever, hereafter to be executed or made against any Indian residing on lands reserved to the Oneidas, Onondagas, or Cayugas; and every person who shall sue or prosecute any such Indian contrary to this act, shall be subject to pay treble costs to the party aggrieved: And this act is hereby declared to be a public act: Provided, That this act shall not affect any contracts to be made before the first day of July next. 1791 An Act for the relief of the Indians residing in Brother-town and New Stockbridge. Be it enacted by the people of the State of New York, re- 1791. presented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the male Indians residing in Brother-town and New Stockbridge, above the age of twenty-one years, on the first Tuesday in April next, and on the first Tuesday in April in every year thereafter, to meet together, and by plurality of votes to choose a clerk, whose business it shall be to preside and keep order at the said meetings, and to enter in a book such of the proceedings of the said meetings as are by this act directed. 2. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Indians so assembled, to choose annually a person to be called a marshal, whose New York, business shall be to execute the orders of the trustees hereafter to be chosen. -1791. 3. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said Indians so assembled, to choose annually three persons as trustees, to lay out such part of the lands in Brother-town or New Stockbridge, for the separate improvement of the several families of Indians residing in Brother-town, as shall be deemed necessary by the said trustees so to be chosen. 4. And be it further enacted by the authority aforesaid, That the said trustees shall lay out for each family a sufficient quantity of land for a separate improvement. and shall cause the bounds of each improvement to be properly marked and distinguished, and the description thereof to be entered in the clerk's book. 5. And be it further enacted by the authority aforesaid, That every person having a separate improvement so laid out to him by the said trustees, and entered in the said clerk's book, the same shall remain to such person and his family for improvement, and shall enable such person to maintain an action for any trespass which may be committed by any white person or persons on the lands so laid out to him or her for improvement, in any court having cognizance of the same. 6. And be it further enacted by the authority aforesaid, That the said trustees so to be chosen by and with the consent of the Mayor of the city of Albany, for the time being, shall have liberty to lease out to any person or persons such quantity of the undivided lands in Brother-town or New Stockbridge, (and not laid out for improvement as aforesaid) as a majority of the votes at the said meeting shall agree on, not exceeding six hundred and forty acres, for any term not exceeding twenty-one years, for the use of the inhabitants of Brother-town and New Stockbridge, the rents reserved to be applied by the said trustees and their successors, for the maintaining a minister and free school for the instruction of Indians, which said leases shall be recorded in the clerk's book. 7. And be it further enacted by the authority aforesaid, That the said trustees and their successors are hereby authorized and empowered to bring actions for any trespass committed by any white person, on any of the undivided lands in Brother-town or New Stockbridge, and not laid out for improvement, or leased for the use of a minister and school as aforesaid. 8. And be it further enacted by the authority aforesaid, That it shall and may be lawful, on complaint of any Indian against another Indian or Indians, (of a trespass, debt, or other New York, matter or thing cognizable before a justice of the peace) to 1791. them the said trustees for the said trustees, by an order directed to the said marshal, to cause the parties to come before them with their witnesses, at such time and place as they shall appoint; and after hearing the parties and their witnesses, shall give such judgment as to them shall be deemed just and equitable: Provided, the judgment in no cause shall exceed twenty shillings, and shall enter the same judgment in the clerk's book. 9. And be it further enacted by the authority aforesaid, That if such judgment shall not be satisfied in forty days after the same is given, the said trustees shall order the said marshal to levy the amount thereof on the goods of the person against whom the judgment shall be so obtained, to be delivered to the person in whose favor the judgment was given, the said goods first to be appraised by the said trustees, and the overplus, if any, after satisfying such judgment, to be returned to the person from whom they were taken. 10. And be it further enacted by the authority aforesaid, That any two of the said trustees shall be a quorum to transact any business enjoined on them by this act. 11. And be it further enacted by the authority aforesaid, That the act, entitled "An act more effectually to protect certain tribes of Indians residing within this State, from frauds, passed 22d March, 1790, be, and the same is hereby extended to the Indians residing in Brother-town, and the Indians calied the Stockbridge Indians. 1792. An Act for the benefit of the Shinecock tribe of Indians, residing in Suffolk county. Be it enacted by the people of the State of New York, re- 1792. presented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the male Indians of twenty-one years of age and upwards, belonging to the Shinecock tribe in Suffolk county, to meet together on the first Tuesday in April next, and on the first Tuesday in April in every year thereafter, at the place for holding town meetings in the town of Southampton, and there by plurality of voices, to choose three persons belonging to the said tribe as trustees, who, by and with the consent of three justices of the peace residing next to the lands of the |