By section 2, the Overseers or the guardians they appoint have power to demand and receive all property or wages owing to said Proprietors or any of them, by any person, and may sue in their own names for its recovery, or for any trespass, fraud or injury done to their lands or them. They may settle all accounts and controversies between the Indians or any white person, for voyages or any services done by them, and may bind the children of poor proprietors by indenture, to suitable persons.
SECT. 3. No lease, covenant, bond or bargain, or contract in writing, is of any validity unless approved by the Overseer or guardian; and no Indian proprietor can be sued for any goods sold, services done, &c. or for money, unless the account is first approved by the Overseers.
[This, it is said, enables the Overseers to sanction the accounts of those who sell to the Indians upon the expectation of obtaining the favor of the Overseers, and opens a door for connivance.]
SECT. 4. The Overseers are to keep a fair account of all monies, wages, &c. they receive, and all proceeds of the plantation, and shall distribute to the proprietors their respective shares and dues, after deducting reasonable expense of conducting their business, paying their just debts, (of which the Overseers are made the judges,) and providing for the sick and indigent, from the common profits, and reserving such sums as can be spared conveniently, for the support of religious instruction, and schooling children. The accounts to be laid before the Governor annually. The Governor and Council appoint the Overseers and displace them at pleasure.
SECT. 5. The Indian Proprietors are prohibited giving any one liberty to cut wood, timber or hay, to milk pine trees, carry off any ore or grain, or to plant or improve any land or tenement, and no such liberty, unless approved by the Overseers, shall bar an action on the part of the Overseers to recover. The lands shall not be taken in execution for debt, and an Indian committed for debt may take the poor debtor's oath, his being a proprietor to the contrary notwithstanding.
The last act relating to this tribe, was passed Feb. 18, 1819, Chap. 105, 2d vol. of Laws, page 487. It provides that no person thereafter shall be a proprietor of the Plantation, except a child or lineal descendant of some proprietor, and in no other way shall this right, as it is called, be acquired. Other inhabitants are called members of the tribe.
The Overseers are to keep a record of names, or census, of all who are proprietors, and all who are residents or members of the tribe, a return of which is to be made to the Governor the last of December.
The Overseers, in addition to all former power, are invested with all the powers and duties of guardians of the Indians, whenever such office of guardian shall be vacant. [A very blind provision, by the way, which it may be as difficult for white men as for Indians to understand.]
Any person selling ardent spirits to an Indian, without a permit in writing from the Overseer, from some agent of theirs, or from a respectable physician, may be fined not more than fifty dollars, on conviction; and it shall be the duty of the Overseer to give information for prosecuting such offenders.
The Overseers may bind out to service, for three years at a time, any proprietor or member of the tribe, who in their judgment has become an habitual drunkard and idler, and they may apply his earnings to his own support, his family's, or the proprietors generally, as they think proper.