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support of im- sonal belonging to him, such estate is hereby made liapotent widow. ble for the support of the widow of such deceased hus

Such support may be recov

ered of heirs or legatees.

Overseer of each tribe to be appointed by the county

court.

To settle his accounts annually.

Purchase of

land from Indians prohibited, and the purchase void.

Penalty for selling spiritous liquors to Indians.

band, during her widowhood, in case she become impotent, and no person of ability be liable to support her. And all and every person or persons, to whom such estate, or any part thereof, is give nor descends, respectively, shall, so far as the estate so given or descended extends, be held to support such widow, during her widowhood, in proportion to the value of the estate so given or descended, to him or them as aforesaid, respectively: such support and maintenance to be recovered of such heir or legatee, or their heirs, in the same way and manner as the same may be obtained against children for the support of their parents, according to the law in such case made and provided.

TITLE 50. Indians.

An Act for the protection of Indians, and the preservation of their property.

SECT. 1.

BE it enacted by the Senate and House of Rep

resentatives, in General Assembly convened, That an overseer shall be appointed to each tribe of Indians living within the limits of the state, by the county court, in the county in which such tribe resides, who shall have the care and management of their lands, and shall see that they are husbanded for the best interest of the Indians, and applied to their use and benefit.

SECT. 2. The overseer of each tribe of Indians shall, annually, state and settle his account of the concerns of such tribe, with the county court, in the county within which such tribe resides; and on failure thereof, or for any neglect of duty, such county court may remove him from office, and appoint another in his place; and said court may, at any time, call such overseer to account.

SECT. 3. If any person shall purchase, hire, or receive, by gift or mortgage, any land from any Indian or Indians, he shall forfeit treble the value of the land to the treasury of the state, and the bargain and conveyance shall be absolutely void.

SECT. 4. If any person shall sell or give any spiritous liquor to any Indian, he shall, for every such offence, pay a fine of two dollars to the use of the town where the offence is committed, for every pint, and in the same proportion for every greater or less quantity: Provided, that this shall not be construed to prevent or restrain any act of charity, for relieving an Indian, in case of sickness, or necessity.

SECT. 5. No judgment shall be rendered against an Indians not liaIndian, for any debt, or on any contract, except for rent of land, hired and occupied by such Indian.

ble on contracts.

make a title

SECT. 6. In a suit brought by any Indian or Indians, Possession of for the recovery of land, reserved by Indians for them- land not to selves, or sequestered for their use, by the general assem- against Inbly, or by any town, agreeably to law, the defendant shall dians. not be permitted to avail himself of a possession for fifteen years or more, to make out a title. (1)

(1) When our ancestors took possession of the territory now composing this state, it was inhabited by a great number of tribes of Indians. They never had a war with any tribe but the Pequots, within the state. At a very early period, they were all in some degree of subjection to the English; they were never treated as a conquered nation, or enslaved; but were treated as friends and allies, and were considered as a free people. The great object was, to civilize and christianize them; and the control exercised over them was for their protection and benefit. In the revison of 1672, regulations are found, requiring ministers of the gospel to endeavor to convert the neighboring Indians to christianity, prohibiting powaws, and the profanation of the sabbath, and punishing murders. Precautions were taken to guard against injuries committed by the Indians. In the

revision of 1702, there are some additional regulations to prevent the selling of strong drink to them; to punish them for drunkenness; to protect them in their rights of property; and to prevent any private person from purchasing their lands. Under this mild treatment, without war or pestilence, they have been constantly diminishing, and are now reduced to a very small number, and will probably, in a short time, wholly disappear. So great was their improvidence, that the government, at an early period, were obliged to appoint overseers to each tribe, which practice has been continued to the present time; and all that can now be done for them, is to prevent them from wasting their property, and to see that the lands which have been secured to them, by the government, for their support, are properly managed, and the avails applied to their benefit.

TITLE 51. Inhabitants.

An Act for the admission and settlement of Inhabitants in Towns.

SECT. 1. BE it enacted by the Senate and House of Rep

resentatives, in General Assembly convened,

That no foreigner, or person who is not an inhabitant of How foreignthis state, or any of the United States, who shall come ers shall gain to reside in any town in the state, shall gain a settlement settlements. in such town, unless admitted by the vote of the inhabitants of such town, or by consent of the civil authority and select-men of such town, or unless such person shall be appointed to and execute some public office.

ants of other

SECT. 2. No person, who is an inhabitant of any of How inhabitthe United States, (this state excepted) who may come states shall to reside in any town in the state, shall gain a settlement gain settletherein, unless he shall have statedly resided in such ments. town one year, next preceding the time he claims to be admitted an inhabitant, and has some one of the requisites enumerated in the preceding section; or unless he shall

How inhabitants of one

town shall gain settlements in

another.

have been possessed, in his own right, in fee, of real estate, situated in this state, of the value of three hundred and thirty-four dollars, free from any incumbrance: and where the title to such real estate shall be by deed, such deed shall have been recorded, at full length, in the proper office, for the term of one year: nor shall such person gain a settlement, unless he has been the owner of such estate, and has resided in such town, at least one year next preceding the time he claims to be admitted as an inhabitant.

SECT. 3. No inhabitant of any town in this state, shall gain a legal settlement in any other town, unless he have some one of the requisites enumerated in the first section in this act; or unless he shall have been possessed, in his own right, in fee, of a real estate, of the value of one hundred dollars, free from any incumbrance, for the space of one year, in the town to which he may have removed, during his continuance therein; or unless he shall have supported himself, for the term of six years, agreeebly to the provisions in the next following section in this act.

SECT. 4. Any inhabitant of any town in the state, may remove, with his or her family, or, if such person have no family, may remove him or herself, into any town, and continue there, without being liable to be warned to depart, or to be removed therefrom, except in the cases hereinafter provided, and shall gain a settlement in the town to which he or she may have so removed, in case he or she shall reside in such town for the full space of six years, from and after his or her first removal into such town, and shall, during the whole of said time, have supported him or herself, and his or her family, if such person have a family, at the time of such first removal, or at any time during said term, without his, her or their becoming chargeable to such town, or to the town that may by law be liable to charge for the support of such person or family but if any such person, at any time before the expiration of said term of six years, become unable to support him or herself, and family, if any there be, and become chargeable to the town that may be liable, for his, her, or their support; or, if such person, at any time before the expiration of said term of six years, shall neglect or refuse to pay any taxes within the time prescribed by law for payment, demand having been made by the collector thereof; then, in such cases, respectively, every such person, with his or her family, may be removed to the place of his or her last legal settlement, in the same manner as is hereafter provided in this act respecting the removal of inhabitants to other states.

When paupers

removed.

SECT. 5. When any inhabitant of any town shall remove into another town, and whilst there, he, she, or any one town bebelonging to of his or her family, if any there be, shall become charge- come chargeable to the town from which he, she or they, respectively, able in anothremoved, and to which they, respectively, belong; then, er, how to be the civil authority, or any two of them, in the town to which such pauper or paupers belong, shall have power, on the application of the select-men of such town, if they shall judge proper, by warrant, under their hands, directed to either of the constables of said town, to order said pauper or paupers to be taken and transported from the town where they reside and are chargeable, to the town to which he, she, or they, respectively, belong; and such constable shall take and transport him, her, or them, according to the directions contained in such war

rant.

the

moved.

SECT. 6. When any inhabitant of any of the United Inhabitants of States, (this state excepted,) shall come to reside in any other states, town in this state, the civil authority, or the major part how to be reof them, in such town, are hereby authorized, upon application of the select-men, if they judge proper, by warrant, under their hands, directed to either of the constables of said town, to order said person to be conveyed to the state, from whence he or she came; and such constable, on receiving said warrant, is hereby authorized to execute the same; and the expense thereof, being Expense, how liquidated and allowed, by the select-men of the town to to be paid. which such constable belongs, shall be paid out of the treasury of such town. And also the expense of conveying an inhabitant of this state as aforesaid, shall be liquidated, allowed and paid, in the same manner; provided such person, in either case, has not gained a legal

settlement as aforesaid.

Select-men

may warn persons not in

habitants of this state to

depart.

SECT. 7. The select-men of any town shall be, and they are hereby authorized, either by themselves, or by warrant from a justice of the peace, in such town, directed to either constable of such town, which warrant such justice is hereby authorized to give, to warn any person not an inhabitant of this state, to depart such town; and the person so warned, shall forfeit and pay to the treasurer of such town, one dollar and sixty-seven cents per Forfeiture, for week, for every week he or she shall continue in such not departing. town, after warning given as aforesaid; and when any such person, who shall be convicted of the breach of this act, in refusing to depart on warning as aforesaid, hath no estate to satisfy the fine, such person shall be whipped on the naked body, not exceeding ten stripes, unless he or she depart the town within ten days next after sentence given, and reside no more therein, without leave of the

Proviso.

Persons sent

away, return ing, to be whipped.

Inhabitants of

the town not to entertain persons not inhabitants of the state.

The bringing of paupers in

to this state, prohibited.

select-men. Provided nevertheless, that nothing contained in this section, or the section next preceding, shall be construed to affect apprentices under age, or servants bought for time.

SECT. 8. If any person, not an inhabitant of this state, shall return, after such sending away as aforesaid, and abide in said town from whence sent, after warning given him to depart as aforesaid, he shall be whipped on the naked body, not exceeding ten stripes, and may again be sent away, and dealt with as aforesaid, as often as there shall be occasion; and the select-men in the respective towns are hereby empowered and directed to prosecute all breaches of this act.

SECT. 9. If any inhabitant in any town, shall, contrary to the intent of this act, entertain or hire any such person not an inhabitant of this state, who shall come to reside in such town, or let any house or land to such person, unless such inhabitant shall first give security to the acceptance of the authority and select-men of such town, to save said town from all expense that might be occasioned thereby such inhabitant shall forfeit and pay to the treasury of such town one dollar and sixty-seven cents, per week, for every week he or she shall harbor, entertain, hire, or let estate as aforesaid.

;

SECT. 10. Any person, who shall bring into this state any poor and indigent person, and leave him or her in any town within the same, of which town he or she is not an inhabitant, such person so bringing in and leaving such poor and indigent person, shall forfeit and pay, for every such person so brought in and left, the sum of sixty-seven dollars, to be recovered in any court proper to try the same, to and for the use of such town.

TITLE 52. Insolvency.

An Act to authorise the Superior Court to grant relief in certain cases of Insolvency.

SECT.1.

BE

E it enacted by the Senate and House of Representatives, in General Assembly convened, That Petition for re- whenever any person, who is an inhabitant of this state, lief against shall, according to the accustomed form of chancery procreditors. cess, prefer his or her petition against his or her creditors, to the superior court, held in the county whereof he or she is an inhabitant, representing that he or she is insolvent, and praying for relief; such court shall, as a court of chancery, have cognizance of the case, and if, upon a hearing and examination had, it shall appear to

Superior court

to have cogni

zance.

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