PART I. Relative to Accounts of superinten Stock bridge Indians. repair their mills, to create such fund as they may judge necessary for the support of such old and decrepid persons as may be unable to procure a subsistence, and to make such further provision as they shall judge necessary for the better educating of the Indian children in New Stockbridge. $ 25. And be it further enacted, That on the sale of any land for the purposes above mentioned, the said superintendents shall make a conveyance of the same, take a mortgage from the purchaser or purchasers for the security of the payment of the purchase money at the time stipulated for the payment thereof, similar to those taken from the purchasers of lands in Brothertown, and shall cause the same to be lodged with the comptroller in his office; and the interest arising therefrom shall annually, and the principal when the same shall become due, to be paid to the said superintendents by the treasurer, on the warrant of the comptroller; and in case the superintendents shall judge it expedient to dispose of any part of the said lands on perpetual or other leases, such leases shall be taken in the name of the people of this state, and lodged with the comptroller in his office, and the rents arising therefrom shall, in like manner as aforesaid, be paid to the superintendents for the purposes aforesaid: Provided always, That no more than five hundred acres of land shall be sold or leased by the superintendents, until the further order of the legislature. $26. And be it further enacted, That the accounts of the dents of the said superintendents in respect to the Stockbridge Indians, shall be audited by the comptroller, in like manner as their accounts are directed to be audited in this act in respect to the Brothertown Indians; and that they make annually a report to the person administering the government of this state for the time being, of their proceedings in pursuance of this act in respect to the said Stockbridge Indians. Appointment and duties of attorney $27. And be it further enacted, That it shall be lawful for the person administering the government of this state, as for Indians. often as may be necessary, by and with the advice and consent of the council of appointment, to appoint and commission some proper person, learned in the law, to be the attorney of the Brothertown, Oneida and Stockbridge tribes of Indians, during the pleasure of the said council; but the person already appointed attorney to the Brothertown Indians, shall continue as the attorney of the said Indians during the pleasure of the said council; and that the said attorney shall, from time to time, advise and direct the said Indians in the controversies among themselves, and with any other person, and defend all actions brought against any of them by any white person, and commence and prosecute all such actions for them, or any of them, as he may find necessary and proper; and in the prosecution and defence of any such actions, he shall observe and pursue such advice and directions as shall be given him, if any, by the said superintendents, or person administering the government of this state; and shall receive as a compensation for his services and expenses in the premises, the yearly salary of one hundred and fifty dollars, to be paid out of the said interest money. [Office abolished by Laws of 1841, ch. 234, and 1847, ch. 486.] 18 J. R., 506; 14 J. R., 335; 11 Pai., 607. CH. XXVI. trespasses lands. $ 28. And be it further enacted, That it shall be lawful for Relative to any Indian, whether male or female, to whom any of the said on Indian land in Brothertown has been, or shall be assigned as aforesaid, or who shall become entitled to the same, to sue and maintain actions of trespass, and to recover damages to his or her own use, for any trespass which shall be committed upon such land: Provided, That if any Indian, to whom any land hath been or may be assigned, shall neglect to improve the same by clearing and putting in good fence, four acres of the same, within four years after such assignment, and within two years thereafter build a good log or frame house thereon, such Indian shall be deemed to have forfeited all right to such land. 9 J. R, 362. [Section 29 related to the attorney of the Brothertown Indians, which office was abolished by Laws of 1841, ch. 234.] made for widows and Indians. $30. And be it further enacted, That the superintendents Provision of the affairs of the Brothertown Indians, be, and they are certain hereby empowered to lease the lands assigned or belonging children of to any particular Indian in Brothertown aforesaid, who has died or may die, leaving a widow and infant children, or leaving a widow only, or infant children, to such person as they shall judge proper, who shall covenant to keep such land in good fence and repair, for such term of time as they shall deem necessary for the support of such widow and children, or for such widow only, or for such infant children, as the case may be, not exceeding the term of fourteen years, at such rent, to be paid in the produce of such land, as they shall judge reasonable; to be applied to the maintenance of such widow and children as aforesaid; and the said superintendents shall appoint proper persons to have the care and charge of such children. travelers. $ 31. And be it further enacted, That it shall and may be Public lawful for the superintendents of the Brothertown Indians for houses for the time being, or a majority of them, by and with the advice and consent of the person administering the government of this state for the time being, and by and with the consent of the Stockbridge Indians, to sell or lease so much of their lands on the turnpike road in one or more parcels, as they shall judge most convenient for keeping public houses for the accommodation of travelers, and shall take such securities for the same, and cause their accounts to be audited, and a report made of their proceedings, as is directed by the twentieth section of this act: Provided always, That no more land than Proviso. three hundred acres be sold or leased by the said superintend PART I. Peace makers to ed in Brothertown. and their general duties. ents: And further, That the interest of the moneys arising from the sale of the said land, or from the rents thereof, shall be applied by the said superintendents for the purposes mentioned in the eighth section of this act. [Section 32 personal.] $ 33. And be it further enacted, That it shall and may be he appoint lawful for the person administering the government of this state, by and with the advice and consent of the council of appointment, to appoint not exceeding five, nor less than powers and three of the said Indians to be keepers of the peace or peace makers, to hold their offices for three years, unless removed by the said council; and the said keepers of the peace shall severally have power to keep the peace in Brothertown, and a majority of them shall have power to hold a court at the school-house, or at such other place in Brothertown as they shall appoint, on the first Monday in every month, and in such court to hear and determine all disputes and controversies between any persons residing in Brothertown aforesaid, concerning any debt, demand or trespass, where the sum due or damages sustained shall not exceed twenty dollars, and all causes of assault and battery between the Brothertown Indians, to the amount of twelve dollars and fifty cents; and on complaint of the plaintiff, may issue their warrant to the marshal to bring the defendant forthwith before them, and try, give judgment, and issue execution thereupon as in other cases; and all actions for the recovery of any penalty of any by-law to be made at any town meeting in Brothertown, as hereinafter mentioned: and it shall be lawful for either of the said keepers of the peace, upon complaint made to him, to cause the person complained of, to be summoned to appear at the next court to be held at the school house or other place appointed as aforesaid in Brothertown, to answer the complaints; and the said keepers or the major part of them, shall, at such next court or other court to which the court may be adjourned, hear and examine the allegations and proofs of the parties, and make such order and decree between them as shall appear to them to be just, and if such order and decree be not performed in one month thereafter, shall then cause the sum adjudged or decreed to either party to be levied by distress and sale of the goods and chattels of the party who shall be adjudged or decreed to pay the same, together with such fees as are hereinafter allowed to the marshal for executing the process, but the said keepers shall not take any fees for their services; and it shall be lawful for the said keepers to adjourn any cause depending before them to the next court, whenever they shall find it necessary; and if the defendant shall not be personally summoned upon the process against him, and shall not appear at the return thereof, a new summons shall be issued; but if he shall have been personally summoned, then the court may at the return of the summons proceed to hear and determine the cause whether the defend CH. XXVI. marshal. ant appears or not, unless a reasonable excuse shall be offered, in which case they shall adjourn the cause to the next court, and the judgment of the said keepers, or a majority of them, who shall attend upon the hearing of any cause, shall be con➜ clusive between the parties; and whenever any order or decree is made by the said keepers, it shall and may be lawful for them to cause the amount of such order or decree to be immediately levied by distress and sale of the goods and chattels of the person against whom such order or decree shall be made: Provided, The person in whose favor such order or decree is made, shall make it appear to the satisfaction of the said keepers by his own oath or the oath of any other person, that he will be in danger of losing the sum so decreed if delay of execution be allowed: And further, That the marshals of Fees of Brothertown shall be allowed for serving a summons or execution, mileage for one mile, twelve and a half cents, and for every mile more, six cents; and that it shall be lawful for any one of the said keepers of the peace to issue a subpoena, the same being drawn in as brief a form as may be, and subscribed by such keeper, to summon any person, whose attendance may be required as a witness in any cause instituted before the said keepers; and if any person so summoned, shall neglect to appear and give testimony in such cause, or render a sufficient excuse for his non-attendance to the satisfaction of such keepers, every such person shall forfeit to the party on whose behalf he shall be summoned, the sum of five dollars, to be recovered in an action of debt, in the name of such party, before the said keepers. Sections 34, 35 and 36 related to the attorney of the Brothertown Indians, which office was abolished by Laws of 1841, ch 234.] officers to thereat, &c. $37. And be it further enacted, That it shall be lawful for Town meetthe male inhabitants of Brothertown, of the age of twenty-one Brotherings in years and upwards, and they are hereby required to assemble town: together and hold town meetings at the said school-house, on be elected the first Tuesday of April in every year, at which meeting the senior keeper of the peace then present shall preside, and then and there to elect one town clerk, two overseers of the poor, two marshals, and so many overseers of the highways as the majority of the inhabitants so met shall think necessary, who shall hold their respective offices for one year, and until others shall be chosen in their places: Provided, That no Indian shall be eligible to perform any office in Brothertown, unless two of the superintendents shall grant a certificate under their hands, to be entered in the clerk's book, that he has not been in the practice of making an improper use of spirituous liquors for the space of one year previous to the giving of such certificate; and if any of the officers so chosen shall refuse to serve, or shall die, or remove out of town, or become incapable of serving, before the next annual town meeting, then and in every such case, another or others shall be elected in his or their places in the manner aforesaid, at a town meeting to be PART I Commis gloners of held for that purpose; and the said inhabitants of Brothertown are hereby authorized, at their annual town meeting, or at any other town meeting to be held for that purpose from time to time, to make and establish such regulations and bylaws as the majority of them so met may think necessary and convenient, for the better relief of the poor, and for binding out children whose parents are dead or absent; and for ascertaining what bridges, and what part of any highway each of the overseers of the highways shall have the care of, and which of the inhabitants shall be obliged to work on the highways, and how many days each of them shall work thereon; and for ascertaining the sufficiency of fences, and the times, places and manner of preventing or permitting cattle, horses, sheep and swine, or any of them, to go at large; and for ascertaining damages done by trespasses, and for maintaining good order among themselves, and concerning any other matters relative to their own affairs; to impose such penalties on the offenders against such regulations and by-laws, or any of them, as the majority of the inhabitants so met shall deem proper, not exceeding five dollars for any offence, to be recovered with costs, by any inhabitant of Brothertown who shall sue for the same, by action of debt, before the said keepers of the peace, or any three of them, the one half of which penalty, when recovered, shall be for the use of the person who shall sue for the same, and he shall pay the other half to the overseers of the poor of Brothertown, to be by them applied for the relief of the poor; and that all such regulations and bylaws shall be entered by the town clerk in a book to be provided for the purpose, and shall continue in force until revoked or altered by some subsequent town meeting; but no special town meeting shall be held for any purpose, unless notice thereof, signed by two or more of the said keepers of the peace, be fixed upon the door of the school-house in Brothertown, at least six days before the day of holding such town meeting. S38. And be it further enacted, That the said keepers of the highways. peace shall be commissioners of the highways in Brothertown; and they, or the majority of them, shall have power, from time to time, to alter any highway in Brothertown, and to lay out others as there may be occasion, and to direct how and when the same or any of them, or any part thereof, shall be made, mended or repaired: Provided always, That all highways by them laid out, shall be at least four rods wide, and they shall cause a record thereof to be entered by the town clerk of Brothertown; and the said overseers of the highways shall cause the highways and bridges of which they shall be respectively chosen overseers, to be repaired and made according to the directions of the said commissioners, and shall warn the inhabitants to work thereon whenever it shall be necessary, and shall superintend and direct the same: And further, It shall be the duty of the keepers of the peace, or the |