Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora IndiansJohnson, Elias
History
Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora Indians
Johnson, Elias
Iroquois Indians; Tuscarora Indians
"_Regulations in regard to former demises_.--4. And whereas, the
said Tuscarora Indians, for good and sufficient reasons, and for valuable
consideration, have, since the twelfth day of July, one thousand seven
hundred and sixty-six, and previous to the first day of December last,
demised, granted and to farm let sundry tracts or parcels of land lying
in said county of Birtie to sundry persons, as by indentures duly
executed may more fully appear: Be it enacted. That all the land
contained in the last mentioned demises, if the said demises were fairly,
_bona fide_ and without fraud, made by and obtained from the said
Tuscarora Indians since the year one thousand seven hundred and sixty-
six, and previous to the first day of December last past, shall not be
deemed vacant lands, or be liable to be entered as such in the Land
Office, unless the General Assembly shall hereafter so direct, but
nevertheless shall be subject to the same taxes as other lands in this
State are liable to.
"_Method of trial for demises alleged to have been unfairly
obtained_.--5. And whereas, it is suggested by the Tuscarora Indians,
that unfair dealings have been used in obtaining one or more of the
demises aforementioned, and that they, the said Indians have at present
no mode of obtaining redress in such cases. Be it therefore enacted, that
the commissioners herein mentioned or a majority of them, shall and may,
upon complaint of the said Tuscarora Indians, in court or meeting
assembled, that a person or persons has or have unfairly or fraudulently
obtained any grant or demise for lands to them belonging since the year
one thousand seven hundred and sixty-six, and previous to the first day
of December last, summon the person or persons so complained against, or
cause him or them to be summoned to appear before them on a certain day
on the land in dispute (giving at best ten days' notice previous to the
day in such summons appointed), then and there to answer the complaint of
the Indians for having fraudulently or unfairly obtained a grant or
demise of the land in question; and shall also summon, or cause to be
summoned, a jury of twelve men, being freeholders in the county of Birtie
and not resident on or owners of any lands purchased of the said
Tuscarora Indians; and the said commissioners, or a majority of them,
shall attend at the time and place appointed, with the jury aforesaid,
and having first sworn the jury to try and determine fairly between the
said Indians and the person or persons complained against, shall and may
cause witnesses to be examined on both sides, receive the verdict of the
jury and return the same, with the panel, to the next County Court of the
said county of Birtie, to be entered upon the record; and such verdict
shall be as good and effectual as if obtained in any court of record; and
if the same be general the said commissioners, or a majority of them,
shall and may appoint one or more persons to carry the same into
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