. . vu O .J If‘!!!


====== : =====5=======12==========3p.mm@w—Em-mw-mGw-mﬂm-mW-mﬁgwﬂgwgwmﬂwnmgwamew-mﬁmﬁwnwmm-mgw-mypm


u E:
m." m===== =======E= .n/uéﬁﬂﬁﬂmmwwmnﬂmé==== ”
..‘ \lﬁ-
A?’ . \\ . .
. \\"\.H\,\'. I:

hmmmuiiﬁﬁﬁimnmnnuiﬂﬁiﬁfﬂﬁﬂiﬂﬁiﬂﬁblﬁiﬁimmm“n
-'\'|iu°i"""' ¢"°""‘”
TH E G I F T O F


\ ., .
. Rani»: . .
\ \\ var
‘Ill IIIIIWI
[if =.._.=>=.=_=~= ._ ==
. .tiﬁnaamﬁgiai


‘(n-n-..-

A mgwﬁiﬂﬁgdﬁaﬁqgg3:229».iii—ism?!55mg? ._=~===_=


|\l.|l‘|\ll\
17.3w“ “1. ._.:v..

.I- 1

35‘03‘777
. Fa . i. 7 .ﬂ... n cf.‘
In.“ Lkﬂw. 1 :L F! I.
*CMZW‘ 1

‘F!!! .. _ f. : 9 ...f.
In’ I - I v: >1“? pi orziivll
I? 1 v HI bumiwhhlnl 11111.: ling "1H.
t. .Txl. viz ﬂvf ILwvittIlP
; ,
I .uhvl'l.

FROM THE JUDGES OF THE COURTS OF COMMON PLEAS
AND ORPHANS’ COURT OF THE COUNTY
OF PHILADELPHIA.

PHILADELPHIA, February I 3, 1897.
To the Commzssz'oners for 112:: Publication of the Laws prior to 1800:
SIRS: An examination of the second volume of “ The Statutes at
Large of Pennsylvania from 1682 to 1800,” which we have'recently
received, has impressed us with its importance to both bench and bar.
The notes are invaluable for expeditious reference; the appendices
present the course of legislation in Pennsylvania in an entirely new
light, and the index exhausts the technical points embodied in the laws,
We are now for the ﬁrst time readily enabled to trace the origin of many
of the laws we administer. We therefore feel, in expressing our high
appreciation of the valuable work you have so far done, that it is not
inexpedient on our part to urge you to its early completion.
MICHAEL ARNOLD, SAML. W. PENNYPACKER,
ROBERT N. WILLSON. MAYER SULZBERGER,
CHAs. Y. AUDENREID, WM. W. WILTBANK,
WM. B. HANNA, F. AMEDEE BREGY,
105. C. FERGUSON, ABRAHAM M BEITLER,
CLEMENT B. PENROSE, JAMES GAY GORDON,
CRAIGr BIDDLE, T. K. FINLETTER,
W. N. AsHMAN, CHARLES E. MCMICHAEL.
THE
%tamtez at ﬂange
OF
PENNSYLVANIA
FROM
1682 ‘[0 1801
COMPILED UNDER THE
, AUTHORITY OF THE ACT OF MAY 19 1887 BY
JAMEs'T NhT€HELL AND PfENRY FLANDERS
COMMISSIONERS
VOLUME Ill
1712 to I724

CLARENCE M BUSCH
STATE PRINTER OF PENNSYLVANIA
I896


PREFATORY NOTE.
The appendices herein are derived from the same sources as
those in the preceding Volumes except in a few instances. The
notes and index have been prepared under the supervision of
the Commission by Charles R. Hildeburn, with the assistance
of I saac Elwell, Esquire.
THE STATUTES AT LARGE OF
PENNSYLVANIA.

At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1712, and continued by ad-
journments until the twenty-seventh day of March, 1713, the
following acts were passed:

CHAPTER CXCV.

AN ACT FOR lRTIEIVIV‘INIG, 'EXKPDAI‘NIING A'NlD ‘CONTINUING SEVERAL
LAWS IN THIS ACT MENTIONED.
€
Whereas by a law of this province, passed on the twenty-
eighth day of the month called February, one thousand seven
hundred and ten, entitled “An act for raising a supply of two
pence per pound and eight shillings per head,”1 the collec-
tors of the said tax were required to gather the same,
and for non-payment to make distress, and for want
of distress, the persons assessed to be taken in exe-
cution, and remain prisoners till they should answer the
same, with such other sums as such persons were as-
sessed in any other county; and to pay or carry into the
subtreasurer in each county such money or other effects as
should, from time to time, come to their hands, so that the

1 Passed February 28, 1710—11, Chapter 180.
1-——II
T/te Statutes at Large 0f Pennsylvania. [1 712-1 3
whole sums they were respectively charged with, by the war-
rants and duplicates in the said act mentioned, should be
fully carried in and paid, as aforesaid, on or before the twen-
tieth day of the month called June, then next ensuing. And
that the said subtreasurers should once a month, at least,
render a just account of and bring in and pay to the pro-
vincial treasurer all sums of money and receipts for wheat
or ﬂour as they had then received from the said collectors, until
the whole were fully completed. And the said collectors were,
by the said act, obliged to pay the whole and every of the
several sums of money mentioned in the said duplicates for
their respective districts, unto the respective subtreasurers,
or to the said provincial treasurer, on or before the twenty-
ﬁfth day of the said month called June, although such col-
lectors had then neglected to collect or levy the same, pur-
suant to the power thereby given them. And in case of neg-
lect or refusal of payment by any such collector within the
time above limited (upon complaint and proof thereof made
by any of the subtreasurers, before any of the commissioners
in the said act named), he should be ﬁned ﬁve pounds, where-
upon any one or more of the said commissioners were, by the
said act, required to issue a warrant to the respective sheriff
requiring him forthwith to levy the said ﬁne together with
the whole and every of the several sums assessed and men-
tioned in the said duplicates, or so much thereof as should
remain unpaid to the respective subtreasurers, by distress and
sale of such collector’s goods; and for want thereof to take the
body of such collector, and him safely keep in prison, till he
should satisfy the same, as by the said act, relation being
thereunto had, may more fully appear.
And whereas by another law of this province, passed on
the said twenty-eighth of February aforesaid, entitled “An act
empowering commissioners to compel the collecting of all
arrearages of former taxes,” 1 the commissioners therein named
were to put it in execution in manner as thereby directed;
but now it appears that the last-mentioned act is expired, and

lPassed February 28, 1710-11, Chapter 179.
ERRATUM.
Page 84, line 18, after “John Roberts,” insert “ for the county of Ches-
ter, David Lloyd, Evan Lewis and Graven Miller.”
1 712-13] 7726 Statutes at Large 0f Pennsylvania.
no return made how far the persons concerned have executed
the same.
And also whereas by another law of this province, passed
on the tenth day of the month called August, one thousand
seven hundred and eleven, entitled “An act for raising two
thousand pounds for the Queen’s “use, by a tax of ﬁve pence
halfpenny per pound and twenty shillings per head,”1 the
collectors of the said tax were required to gather and pay the
same, in like manner as by the above-recited act is directed,
so that the whole sums they were charged with should be
fully paid in, or receipts produced testifying the payment
thereof in merchantable ﬁour at Philadelphia to the said pro-
vincial treasurer, or in wheat at such mill or mills as in the
said act is expressed, and deliver the same receipts to the
subtreasurers on or before the last day of October then next
ensuing, although such collectors had then neglected to col-
lect or levy the same, as aforesaid; and in case of any such
collector’s neglect or refusal of payment, he should be ﬁned
ﬁve pounds, which, together with so much of the moneys men-
tioned in the said duplicates as should remain unpaid to the
subtreasurers, should be levied by the sheriff, in manner above
directed, as by the last in-part-recited act, relation being there-
unto had, more fully appears.
Now forasmuch as it appears that a great part of the money
intended to be raised by this last-recited act remains uncol-
lected or brought into the treasury, and the time so far lapsed
that the collections cannot well be accomplished without the
help of another law. And forasmuch as it also appears that
most of the tax, laid by virtue of the ﬁrst-recited act, is raised,
but part of it detained by some collectors, and the time limited
to prosecute them for such their offense is lapsed:
[Section 1.] Be it therefore enacted by Charles Gookin, Es-
quire, with the Queen’s royal approbation, Lieutenant-Governor
under William Penn, Esquire, true and absolute Proprietary
and Governor-in-Chief of the Province of Pennsylvania, &c.,
by and with the advice and consent of the freemen of the said
Province in General Assembly met, and by authority of the

1 Passed August 10, 1711, ‘Chapter 182.
The Statutes at Large of Pennsylvania. [1712-13
same, That in each county of the said province the persons
hereafter named shall be commissioners for putting this act in
, execution: (That is to say)
‘For the county and city of Philadelphia, Richard Hill,
Thomas Masters, Edward Farmar, Nathan Stanbury, and
Rowland Ellis;
For the county of Chester, Caleb Pusey, Nicholas Pyle, Henry
Pierce, Isaac Taylor, and William Davis;
And for the county of Bucks, Joseph Kirkbride, Thomas
Stevenson, Thomas Watson, John Rowland and Jeremiah
Langhorne;
who are hereby empowered, and required to meet together
on the tenth day of the month called April next, at the place
where the respective courts in the said counties are usually
held; and at such other times and places as the said commis-
sioners, or any three of them respectively, shall then after
agree upon. And the said commissioners, or any three of
them respectively, shall issue forth their warrants or precepts
under their hands and seals, directed to such person or per-
sons as they shall think ﬁt, to call before them in their re-
spective counties, as they shall see cause, all collectors, re-
ceivers, subtreasurers, and all other ofﬁcers and persons what-
soever who have been employed in the assessing, levying,
gathering and receiving the rates and assessments, as also the
arrearages of former taxes in the above-recited acts mentioned
and intended to be thereby levied; and cause them, and every
of them to make and give true and perfect accounts of all
and every the said rates, assessments and arrearages of the
said former taxes respectively. And also cause the said col-
lectors to ﬁnish their collections, so that the same may be
brought into the treasury within the time hereinafter lim-
ited for bringing in the same. And if any of them shall neg-
lect, or refuse, forthwith to comply with the premises, then it
shall and may be lawful to and for the said commissioners
hereby appointed, or any three of them respectively, to ﬁne
every such delinquent in any sum not exceeding ﬁve pounds,
for any one offense; to be levied by distress, and sale of goods,
or imprisonment of body, as the case shall require. And the
said commissioners that set or impose such ﬁnes are hereby
1 712-13] The Sz‘az‘nz‘es at Large of Pennsylvania.
empowered and required to issue out their warrants, under
their hands and seals, directed to such ofﬁcer or ofﬁcers as they
shall think ﬁt, for that purpose; which said ﬁnes, and all other
ﬁnes, hereby appointed to be imposed, shall be paid to the pro-
vincial treasurer, for the same uses as the said taxes are in-
tended.
[Section -II.] And be it further enacted by the authority
aforesaid, That the said commissioners hereby appointed, or
any three of them, shall have full power and authority, in case
of any neglect or refusal, as aforesaid, or in case of the death
or absence of any of the aforesaid collectors, subtreasurers or
other ofﬁcers, from time to time, to constitute others instead of
such as shall refuse or neglect and instead of such who are
or shall be removed by death or otherwise, and so toties guot'z'es,
until all and every part and parcel of all the aforesaid rates
and assessments and the arrears of former taxes shall be
wholly collected and paid. And if any of the persons so to be
constituted collectors, subtreasurers, or other oiﬁcers, as afore-
said, shall refuse or neglect to ofﬁciate accordingly, he or they,
so refusing or neglecting, shall be ﬁned by the said commis-
sioners in any sum not exceeding ﬁve pounds, to be levied and
paid as aforesaid.
[Section 111.] And be it further enacted, That if any of the
persons rated and assessed, by virtue of any of the above-re-
cited acts, having not heretofore paid their said assessments,
and shall still neglect or refuse to pay the same, then and in all
such cases it shall be lawful to and for the said collectors re-
spectively (after demand by him or them made) to call to their
assistance, if occasion be, any constable or other person; and
in case of resistance, to break open doors and make distress
and sale of such person’s goods and chattels, and to return
the overplus (if any be) to the owners, after reasonable charges
deducted; but if no distress can be found by the collector,
and the party refuses or neglects forthwith to show him goods
and chattels sufficient to satisfy the money so unpaid, with rea-
sonable charges of distress and sale, then the collector shall
take the body of every such person, and bring him to the county
gaol, and deliver him to the sheriff or keeper of the said
T/w Siaz‘nfes a! Large 0f Pennsylvania. [1 712-13
gaol, who shall detain him in safe custody until he satisﬁes
the same. .
Provided always, That where elfects cannot be found sufﬁ-
cient to answer the whole sum in arrear, with charges, as afore-
said, then distress shall be made for so much as such effects
shall extend to, and the party to be imprisoned only for the
residue thereof, with incident charges; all which charges of
distress, assistance and bringing to prison, shall be adjusted
and settled by any three or more of the said commissioners
hereby appointed, where such occasion shall happen.
[Section IV.] And be it further enacted, That if any person
who at the time of laying or rating the said assessments was
within this province, shall come to inhabit or reside in any
division or place where such person was not rated or taxed,
the commissioners acting within such division or place are
hereby required to summon such person before them and unless
he can make it appear that he was assessed, and hath paid
his tax in some other part of this province, the said commis-
sioners shall assess such person and cause the money to be
levied and paid, as aforesaid.
[Section V.] And be it further enacted, That every of the
said collectors formerly appointed shall pay the whole and
every of the sums of money assessed and mentioned in the
said former duplicates, for their said respective districts, or
so much thereof as hath not been already paid to the sub-
treasurers, according to the intent of the said recited acts;
and that every of the collectors to be hereafter appointed, shall
also pay the whole and every of the sums of money wherewith
they shall be respectively charged by virtue of this act, unto
the respective subtreasurers, or shall produce receipts testify-
ing the payment thereof to the said provincial treasurer in
ﬂour at Philadelphia, or in wheat at such mill or mills (as
the said last-recited act directs), and deliver the same receipts
or money aforesaid to the respective sub-treasurers, on or
before the sixteenth day of the month called June, which will
be in the year of our Lord, one thousand seven hundred and
thirteen.
And if any of the persons assessed by the said last-recited
act are gone out of this province, or become insolvent since
I 712-13] T/ze Statutes at Large 0f Pennsyt'eanz'a.
thethirtieth day of October last past, then and in every such
case the said former collectors in those districts where such
persons were taxed, who neglected to gather and levy the same,
shall make good the sums assessed or set upon them, and pay
the same to the subtreasurers in the proper county, on or
before the said sixteenth day of the month called June next.
And the said subtreasurers, and every of them, shall pay and
deliver all that they shall receive as aforesaid (deducting such
sums as by the said last-recited act are allowed them respec-
tively) on or before the twenty-ﬁrst day of the said month
called June.
[Section VI.] And be it further enacted, That if any of the
said collectors shall refuse or neglect to pay the said sums of
money, which he or they shall be respectively charged with, as
aforesaid, or produce receipts testifying the payment thereof,
as aforesaid, and deliver the said money and receipts in manner
and at the time aforesaid, retaining only such sums as by the
said-recited acts is allowed for collecting and paying the same;
and if any collector, subtreasurer or other ofﬁcer or person
whatsoever shall detain in his or their hands any moneys re-
ceived or to be received by them, or any of them, and'not pay
or satisfy the same at such time or times and in such manner
as by this act is directed, then and in every such case the said
commissioners, or any three or more of them, in their respective
counties, are hereby empowered and required (instead of ﬁning
the delinquents, as by'the said last-recited act is directed in
such cases) to meet and issue out their warrants, under their
,hands and seals, directed to the sheriff or coroner of the proper
county, requiring him to take the body, and seize and secure
the estate, real and personal, belonging to such delinquent, or
which shall descend or come into the hands or possession of his
heirs, executors or administrators, wheresoever the same can be
discovered or found in this province, and make return of his
proceedings therein, at such time and place as they shall ap-
point.
And the commissioners, who shall cause such estate to be
seized and secured, as aforesaid, shall be and are hereby em-
powered to appoint a time for the general meeting of the com-
IO
T/ze Statutes at Large 0f Pennsylvania. [I 71 2—13
missioners for such county, and there to cause public notice to
be given, at the place where such meeting shall be appointed,
six days at least, before such general meeting; and the commis-
sioners then'present at such general meeting, or the major part
of them, in case the moneys detained by such delinquent be
not then paid or satisﬁed, shall and are hereby empowered and
required to issue forth their warrants or precepts to the sheriff
or coroner of the pro-per county, empowering and requiring
him to sell and dispose of all such estates as shall be, for the
cause aforesaid, seized and secured, or any part thereof, and
to bring the money, arising by such sale to the commission-
ers who granted such warrants, in order to satisfy and pay,
unto the provincial treasurer, for the time being, the sum that
shall be so detained in the hands of such collectors, subtreas-
urer or other persons, their heirs, executors or administrators
respectively, with damages'for what shall be so detained of the
said former taxes, after the rate of sixteen pounds per cent by
the year, for so long as the same hath been actually detained
after the time by the said-recited acts respectively appointed
for payment thereof, returning the overplus (if any be) after
all necessary charges are deducted.
And when any sale of lands, tenements or hereditaments
shall be made by such sheriff or coroner, respectively, pursuant
to this act, the title and conveyance thereof shall be by deed,
signed, sealed and delivered by the sheriff or coroner, to such
person or persons as shall purchase the same in fee-simple or
otherwise, which shall be most absolute and available in law
against the said delinquents and their heirs, and assigns, and
all claiming under them. And that all gifts, grants and sales
which have been or shall be made, by any of the said delinquent
collectors, subtreasurers, or other ofﬁcers, of any of their said
. estates, after the time they should have paid the money come
to their hands, arising from the said assessments (unless the
estate so seized be sufﬁcient to answer what they are in ar-
rears), are hereby declared to be fraudulent, and shall not pre-
vent or avoid the seizures and sales hereby appointed to be
made thereof as aforesaid.
4: Section VII.] And be it further enacted, That all clerks of
1712—13] The Staz‘nz‘es a! Large of Pennsylvania.
II
the respective county courts shall‘ draw and deliver all war-
rants to be drawn by virtue of this act, and all sheriffs, cor-
oners, constables and other officers within this province shall,
and are hereby required and enjoined to be respectively aiding
and assistingin the execution of this act, and what is hereby
revived and continued of the said-recited acts, and to obey and
execute such precepts or warrants as shall be to them directed,
in that behalf, by the respective commissioners hereby ap-
pointed, or any three or more of them.
[Section VIII.] And be it further enacted, That the comm-Is-
sioners in this act named, shall be allowed four shillings each
for every day’s attendance, which, together with reasonable
charges of clerks and other ofﬁcers, as the said commissioners
in their respective counties shall think ﬁt to allow, by order
under the hands of the major part of them, to the respective
subtreasurers, shall be paid by such subtreasurer and be dis-
counted by the provincial treasurer.
[Section IXJ And be it further enacted by the authority
aforesaid, That the said three recited acts, and all powers,
provisions, penalties, clauses, matters and things therein con-
tained (except only such part and parts of the same acts touch-
ing which other provisions or alterations are made by this act)
are hereby revived, and shall be and continue, together with
this present act, in full force until the twenty-ﬁfth day of the
month called March, which will be in the year of our Lord one
thousand seven hundred and fourteen.
[Section X.] Provided always, and be it further enacted,
That no proceedings prescribed or required by this act against
collectors and other ofﬁcers refusing orneglecting to comply
therewith shall he stayed by cev't-ioTaT-i, habeas corpus, or other-
wise, any law or usage to the contrary notwithstanding.
[Section XL] Provided also, That no person or persons shall
be sued or prosecuted for anything done in the execution of this
act, except he or they be prosecuted within eighteen months
after such cause of action ﬁrst accrued.
Passed 'March 27, 1712-13. Expired March 25, 1713-14, before
being considered by the Crown. 8% Appendix IV, Section II, and
' the Act of Assembly passed "May 28, 1715, Chapter 215.
1*——II
T/ze Statutes at Large of Pennsylvania. [1 712-13
CHAPTER CXOVI.
___—_
A'N AJGT ‘FOR LIMITATION OF ACTIONS.
[Section 1.] Be it enacted by Charles Gookin, Esquire, by the
Queen’s royal approbation, Lieutenant-Governor under Wil-
liam Penn, Esquire, true and absolute Proprietary and Gov-
ernor-in-Ohief of the Province of Pennsylvania, by and with
the advice and’ consent of the freemen of the said Province in-
General Assembly met, and by the authority of the same, That
all actions of trespass gnare clansnm f'regz't, all actions of
detinue, trover and replevin, for taking away goods and cattle,
all actions upon account and upon the case (other than such
accounts as concern the trade of merchandise between merf
chant and merchant, their factors or servants), all actions of
debt, grounded upon any lending or contract without specialty,
all actions of debt for arrearages of rent (except proprietaries’
quit-rents) and all actions of trespass, of assault, menace, bat-
tery, wounding and imprisonment, or any of them, which
shall be sued or brought, at any time after the ﬁve-and-twen-
tieth day of April which shall be in the year of our Lord one
thousand seven hundred and thirteen, shall be commenced and
sued within the time and limitation hereafter expressed, and
not after: (That is to say) the said actions upon the case (other
than for slander) and the said actions for account, and the said
actions for trespass, debt, detinue and replevin for goods or .
cattle, and the said actions of trespass Q’LMZTG clansnm fregz't,
within three years after the said ﬁve-and-twentieth day of April
next, or within six years next after the cause of such actions or
suit, and not after.
And the said actions of trespass, of assaults, menace, battery,
wounding, imprisonment, or any of them, within one year next
after the said ﬁve-and-twentieth day of April next, or within
two years next after the cause of such actions 'or suit, and not
after; and the said actions upon the case for words within one
year next after the words spoken, and not after.
1 712-13] T/ze Statutes at Large 0]’ Pennsyteanza.
[Section IL] And be it further enacted, That if in any of
the said actions or suits judgment be given for the plaintiff,
and the same be reversed by error, or a verdict pass for the
plaintiff, and upon matter alleged in arrest of judgment, the
judgment be given against the plaintiﬁ, that he take nothing
by his plaint, writ or bill, then, and in every such case the
party plaintiff, his heirs, executors or administrators (as the
case may require) may commence a new action or suit, from
time to time, within a year after such judgment reversed or
given against the plaintiff as aforesaid, and not after.
[Section III] And be it further enacted, That in all actions
of trespass qua-re ciausum freg'it hereafter to be brought,
wherein the defendant or defendants shall disclaim in his or
their plea to make any title or claim to the land in which the
trespass is by the declaration supposed to be done, and the
trespass be by negligence or involuntary, the defendant or de-
fendants shall be admitted to plead a disclaimer, and that the
trespass was by negligence'or involuntary, and a tender or
offer of sufﬁcient amends for such trespass, before the action
brought, whereupon or upon some of them, the plaintiff or
plaintiffs shall be enforced to join issue; and if the said issue
be found for the defendant or defendants, or if the plaintiff or
plaintiffs shall be non-suited, the plaintiff or plaintiffs shall be
clearly barred from the said action or actions, and all other
suit concerning the same.
[Section IV .] And be it further enacted, That in all actions
upon the case for slanderous words, to be sued or prosecuted
by any person or persons in any court within this province,
after the said twenty-ﬁfth of April next, if the jury upon trial
of the issue in such action,'or the jury that shall inquire of
the damages, do‘ ﬁnd or assess the damages under forty shil-
lings, then the plaintiff or plaintiffs in such action shall have
and recover only so much costs as the damages so given or as-
sessed do amount unto, without any further increase of the
same, any law or usage to the contrary notwithstanding.
Provided nevertheless, That if any person or persons, who
is or shall be entitled to any such, action of trespass, detinue,
trover, replevin, actions of account, debt, actions for tres-
‘ pass, for assault, menace, battery, wounding or imprison-
14
T he Statutes at Large of Pennsylvania. [1 71 2—1 3
ment, actions upon the case for words, be, or at the time of
any cause of such action, given or accrued, fallen or come, shall
be ‘within the age of twenty-one years, feme covert, non compos
mentz's, imprisoned or beyond sea, that then such person or
persons shall be at liberty to bring the same actions, so as they
take'the same within such times as are hereby before limited,
after their coming to, or being of full age, discoverture, of sound
memory, at large, or returning into this province as other
persons.
Passed March 27, 17'12~13. Allowed to become a law by lapse of
time in accordance with the proprietary charter, having been
considered ‘by the Lords Justices in *Council July 21, 1719, and not
acted upon. See Appendix IV, Section III, and the Acts of Assembly
passed May 28, 1715, Chapter 207; April 3, 1781, Chapter 93-5; June
21, 1781, iChapter 945; April 4, 1798, Chapter 2009.

CHAPTER CXCVII.
AN A-C'T FO'R ESTABLISHING OR'PHANS’ (COURTS.
Whereas by certain laws of this province now in force, sev-
eral matters of great importance are directed to *be done by the
Orphans’ courts, which being discontinued by the repeal of
the former law of courts, and not hitherto revived, nor effectu-
ally supplied by another law, divers orphans and\ persons con-
cerned for them, or intrusted with their estates, labor under
great inconveniencies: _ I
[Section 1.] Be it therefore enacted, by Charles Gookin, Es-
quire, by the Queen’s royal approbation, Lieutenant-Governor
under William Penn, Esquire, true and absolute Proprietary
and Governor-in-Chief, of the Province of Pennsylvania,- &c.,
by and with the advice and consent of the freemen of the said
Province in General Assembly met, and by authority of the
same, That the justices of the court of general quarter-ses-
sions of the peace in each county of this province, or so many of
them as are or shall be from time to time enabled to hold those
I 71 2-13] T he Statutes az‘ Large of Pennsylvania.
I5
courts, shall have full power, and are hereby empowered, in
the same week that they are, or shall be, by law directed to
hold the same courts, or at such other times as they shall see
occasion, to hold and keep a court of record in each of the said
counties which shall be styled the Orphans’ Court, and to
award process, and cause to come before them, all and every
such person and persons, who as guardians, trustees, tutors,
executors, administrators, or otherwise, are, or shall be, in-
' trusted with or anywise accountable for any lands, tenements,
goods, chattels or estate belonging or which shall belong to any
orphan or person under age, and cause them to make, and ex-
hibit, within a reasonable time, true and perfect inventories
andaccounts of the said estates; and to cause and oblige the
register-general, or such person or persons as for the time being
shall have the power of probates of wills and granting letters
of administration in this province, or their deputies, upon ap-
plication made in that behalf, to bring or transmit into the said
Orphans’ court true copies or duplicates of all such bonds, in-
ventories, accounts, actings, and proceedings whatsoever, now
or hereafter remaining, or being in their respective ofﬁces, or
elsewhere, within the limits of their authority, as do or shall
concern or relate to the said estates, or any of them; and to
order the payment of such reasonable fees for the said copies,
and for all other charges, trouble and attendance, which any
ofﬁcer, or other person shall necessarily be put upon in the
execution of this act, as they shall think equitable and just.
And if upon hearing or examination thereof it appears to the
justices of the said court that any of the said oﬂicers have
misbehaved themselves to the prejudice of any minor, or others
concerned for them as aforesaid, the said justices are hereby
required to certify the same accordingly, which shall be good
evidence for the party grieved to recover his damages at com-
' mon law. -
And where any letters of administration shall be granted,
and no bond with sureties given, as the law in that case re-
quires, such letters of administration shall be and are hereby
declared to be void, and of none effect, and that the oﬂicer or
person that grants the same, and his sureties, shall be, Iz'pso
facto, liable to pay all such damages as shall accrue to any
16
The Staz‘uz‘es a! Large of Pennsylvania. [1712-1 3
person or persons by occasion of granting such administration.
And the party to whom the same shall be so granted, may be
sued, as executor in his own wrong, and shall be so taken and
deemed in any suit to be brought against him for or by reason
of his said administration. Or if, upon such examination, it
appears that any of the said officers have not taken sufficient
sureties, where the administrators. may not be of ability to
answer or make good the value of what the decedent’s estate
doth or shall amount to, then the said justices of the Orphans’
court are hereby required and empowered to cause all such
administrators to give better security to the register-general,
[by bonds] in manner and form as the law prescribes and under
such penalties and with such sureties as the said justices, after
they have heard the objections of creditors or persons concerned
(if any such be made [during the] sitting [of] the court) shall
approve of._ And if it appears that any of the said adminis-
trators have embezzled, wasted or misapplied or’ suffered so to
be, any ‘part of the decedent’s estates, or shall neglect or refuse
to give bonds, with sureties as aforesaid, then, and in every
such case, the said justices shall forthwith, by their sentence,
revoke or repeal the letters of administration granted them,
and thereupon the said register-general, or other person then
empowered to grant administrations as aforesaid, where such
occasion happens, are hereby required to grant letters of ad-
ministration to such person or persons (having right thereunto)
as will give bonds in manner and. form aforesaid, who may
have their actions of trover or detinue for such goods or chat-
tels as came to the possession of the former administrators,
and shall be detained, wasted, embezzled, or misapplied by any
of them, and no satisfaction made for the same.
[Section II.] And be it further enacted, That when any com-
plaint is made, to any of the said justices that an executrix,
having minors of her own, or being concerned for others, is
married, or like to be espoused to another husband, without
securing the minors’ portions or estates, or that an executor,
or other person, having the care and trust of minors’ estates,
is like to prove insolvent, or shall refuse or neglect to exhibit
true and perfect inventories, or give full and just accounts of
the said estates come to their hands or knowledge, then and in
1 71 2-1 3] The Statutes at Large of Pennsylvania.
I7
every such case the same justices are hereby required forthwith
to call an Orphans’ court, who shall cause all and every such
execu‘tors and trustees, as also such guardians or tutors of or-
phans or minors as have been formerly appointed, or shall at
any time hereafter be appointed by the said court, to give se-
curity to the orphans or minors, by mortgage or bonds, in such
sums and with such sureties as the said courts shall think
reasonable, conditioned for the performance of their respective
trusts, and for the true payment or delivery to and for the use
and behoof of such orphans as they are concerned for (or such
as shall legally represent them) the legacies, portions, shares
and dividends of estates, real and personal, belonging to such
orphans or minors, so far as they have assets, as also for their
maintenance and education, as the said court shall think ﬁt to
order, for the beneﬁt and best advantage of such orphans, as is
usual in such cases.
[Section III] And be it further enacted, That any of the said
executors, administrators, guardians or trustees, may by the
leave and direction of the Orphans’ court, put out their minors’
money to interest, upon such security as the said court shall
allow of; and if such security so taken bona ﬁde, and without
fraud, shall happen to prove insufﬁ cient, it shall be the minors’
loss. But if no person who may be willing to take the said
money at interest (with such security) can be found by the per-
sons so as aforesaid concerned for the minors, nor by any others,
then the said executors, administrators, guardians or trustees,
shall, in such cases be responsible for the principal money
only until it can be put out at interest as aforesaid.
Provided always, That the day of payment of the money
so to be put out to interest, at any one time, shall not exceed
twelve months from the date of the obligation, or other se-_
curity given for the same, and so toties quoties, when and so
often as the said money shall be paid in or come to the hands
of the said executors, guardians or trustees.
Provided also, That no executors, ‘administrators or guar-
dians, shall be liable to pay interest, but for the surplusage of
the decedents’ estate remaining in their hands or power, and be-
longing to the minors, when the accounts of their administra-
18
T he Statutes at Large of Pennsylvania. [1 712~13
tion are or ought to be settled and adjusted before the said Or-
phans’ court or register-general respectively. ' ,
[Section IV.] And be it further enacted, That the justices
of the said Orphans’ court in the said respective counties, shall,
by virtue of this act, have full power and authority to exercise
all the powers, authorities and jurisdictions granted or men-
tioned, or intended to be granted to the Orphans’ court, in and
by a law of this province, entitled “An act for better settling
[of] intestates’ estates,1 and to do, execute and perform all
such matters and things, as the Orphans’ court in the said act,
or in any other act or law of this province mentioned, might
or ought to have done or performed, according to the true in-
tent and meaning thereof; with power also to admit orphans
or minors, when and as often as there may be occasion, to
make choice of guardians or tutors, and to appoint guardians,
next friends or tutors, over such as the said court shall judge
too young or uncapable, according to the rules of the common
law, to make choice themselves; and at the instance and re-
quest of the said executors, administrators, guardians or tu-
tors, to order and direct the binding or putting out of minors’
apprentices to trades, husbandry, or other employments as
shall be thought ﬁt. And that all guardians and prochez'n
amis, which shall be appointed by any of the said Orphans’
courts shall be allowed and received, without further admit-
tance, to prosecute and defend all actions and suits relating
to the orphans or minors, as the case may require, in any court
or courts of this province.
And if any person or persons, being duly summoned to ap-
pear in any of the said Orphans’ courts, ten days before the
time appointed for their appearance, shall make default, the
justices may send their attachments for contempts, and may
force obedience to their warrants, sentences and orders con-
cerning any matter or thing cognizable in the same courts, by
imprisonment of body, or sequestration of lands or goods, as
fully as any court of equity may or can do.
Provided always, That if any person or persons shall be ag-
grieved with any deﬁnitive sentence or judgment of the said

1 Passed January 12, 1705-6, Chapter 135.
I 7 I 2 -1 3] The Slalnz‘es at Large of Pennsylvania.
I9
Orphans’ court, it shall be lawful for them to appeal from the
same to the supreme court; which appeal, upon security given,
as is usual in such cases, shall be granted accordingly.
And if any of the said executors, administrators, guardians
or trustees did or shall receive and give discharges for any
sums of money, debts, rents or duties belonging to any orphan
or minor for whom they were or are intrusted:
[Section V.] It is hereby declared and enacted, That all such
discharges or receipts, shall be binding to and upon the orphan
or minor, when he or she attains to full age, and shall be most
effectual in law to discharge the person or persons that take
the same.
And when any of the said minors attain to their full age, and
the person or persons so as aforesaid intrusted or concerned
for them, having rendered their accounts to the Orphans’
court according to the direction of this and the said other
acts, and paid the minor their full due, then such minors shall
acknowledge satisfaction in the said court. But in case any
of them refuse so to do, then the said court shall certify how
the said personsconcerned, have accounted and paid; which
shall be a sufﬁcient discharge to the guardians or tutors, and
to the trustees, executors or administrators who shall so ac-
count and pay, and thereupon all bonds entered into, for pay-
ment of such orphans’ portions, shall be delivered ,up and ‘can-
celled.
[Section VI.] Provided always, and be it further enacted,
That none of the said Orphans’ courts shall have any power
to order or commit the tuition or guardianship of any orphans
or minors, or bind them apprentices to any person or persons,
whose religious persuasion shall be different from what the
parents of such orphan or minor professed at the time of their
decease, or against the minor’s own mind or inclination, so far
as he or she has discretion and capacity to express or signify
the same; or to persons that are not of good repute, so as
others of good credit and of the same persuasion may or can
be found.
Provided also, That the justices of the said courts, and all
others concerned in the execution of this act, shall have due
2——-II
20
The Sz‘alales at Large of Pennsylvania. [I 712-1 3
regard to the direction of all last wills, and to the true intent
and meaning of the testators, in all matters and things, that
shall be brought before them concerning the same.
[Section VII.] And be it further enacted, That all such.
bonds or obligations as are by this act, or by any [other] law
of this province, directed and required to be given to the reg-
ister-general, and‘ all such bonds, as by any law are directed
to be given by the register-general, or by any other officers or
persons in ofﬁce whatsoever in this province, for the due exe-
cution of his or their respective ofﬁces or employments, are
hereby declared to be to and for the use of and in trust for the
person or persons concerned, and that the beneﬁt thereof shall
be extended, from time to time, for the relief and advantage,
of the party grieved, by the misfeasance or nonfeasance of the
officers that did, or shall, give the same. '
And that when any of the said bonds shall be put in suit,
and judgment thereupon obtained, the judgment shall remain
in the same nature the bonds were, and that no execution issue
out thereupon before the party grieved shall, by writ of sez'e‘e
facias, summon the person or persons against whom the said
judgment is obtained, to appear and show cause why execution
shall not issue upon the said judgment. And if the party
grieved shall prove what damages he sustained, and thereupon
a verdict be found for him, the court of common pleas where
such suit is, shall award execution for so much as the jury‘
shall then ﬁnd, with costs, and no more; and the former judg-
ment is hereby declared still to remain cautionary for the sat-
isfaction of such‘ others as shall legally prove themselves dam-
niﬁed, and recover their damages in manner aforesaid.
And the said register-general, and all others in whose hands
the said bonds shall be deposit-ed or lodged, are hereby required
to give any person injured, that requests the same, a true copy
of any of the said bonds, he paying three shillings for the same,
and to produce the original in court, upon any trial that shall
be had for the breach of any of them, if required by the court;
and if the person in whose hands the said bonds shall be
lodged, or come, shall refuse or delay to give copies thereof,
and produce the original in court, as aforesaid, he or they shall
forfeit and pay to the party grieved, treble damages, to be re-
1 71 2-1 3] The Statutes at Large of Pennsylvania.
covered against the ofﬁcer that gave such bonds, or his sure- ‘
ties, by action of debt, bill, plaint or information, in any court
in this province, where no essoin, protection or wager of law,
or any more than one imparlance shall be allowed.
Passed March 27, 1712-13. Allowed to become a law by lapse
of time in accordance with the proprietary charter, having been
considered by the Lords Justices in Council July 21, 1719, and not
acted upon. ‘See Appendix IV, Section II, and the Acts of Assem-
bly passed March 4, 1763, (Chapter 486; March 14, 1777, Chapter
.748; August 31, 1778, Chapter 804; September 22, 1785, Chapter 1194;
March 10, 1787, Chapter 1271; April 13, 1791, Chapter 1575; April
19, 1794, ‘Chapter 1751; April 4, 1797, Chapter 1949; March 20, 1799,
Chapter 2032; April 2, 18012, .P. L. 133; vApril 2, 1804, P. L. 459; April
1, 1805, P. L. 205; February 24, 1806, P. L. 334; April 7, 1807, P. L.
155; March 26, 1808, JP. ‘L. 144; April 1, 1811, P. L. 198; Feb-
ruary 25, 1813, P. L. 81; March 13, 1815, P. L. 173; February
22, 1821, P. IL. 50; March 30, 1821, P. L. 153; February 18, 1824,
‘P. L. 25; April 8, 1826, ‘P. L. 255; April 14, 1828, P. L. 484; April 3,
1829, P. -L. 122; March 15, 1832,1P. L. 135; March 29, 1832, P. L. 190;
April 6, 1833, P. L. 207; February 24, 1834, P. L. 70; April 14, 1834,
P. L. 341; April 14, 1835, P. L. 275; (the two acts of) June 16, 1836,
(P. L. 682, 785; April 13, 1838, L. 362; April 13, 1840, P. L. 319;
October 13, 1840, P. L. 1841, 1; March 12, 1842, P. L. 66; July 16,
1842, P. L. 374; February 3, 1843, P. L. 8; April 4, 1843, P; L. 131;
April 24, 1843, P. L. 359; April 6, 1844, P. L. 214; April 29, 1844,
\P. L. 527; February 27, 1845, 1P. L. 69; April 10, 1845, .P. L. 358;
April 15, '1845, P. 1L. 458; April ‘20, 1846, P. L. 411; (the two acts of))
April 21, 1846, P. L. 426, 430; April 22, 1846, P. L. 483; March 3,
1847, 'P. L. 197; March 13, 1847, P. L. 319; March 16, 1847, \P. L. 474;
February 8, 1848, 1P. L. 27; (the two acts of) April 9, 1849, P. L.
511, 524; (the three acts of) April 10, 1849, P. ‘L. 591, 597, 619;
April 25, 1850, P. 'L. 569; April 26, 1850, P. L. 577; April 3, 1851,
-P. L. 305; April 14, 1851, P. L. 612; February 2, 1853, P. 'L. 31; Feb-
ruary 23, 1853, P. L. 98; April 18, 1853, P. L. 503; February 20, 1854,
‘P. L. 89; April 12, 1855, P. L. 214; April 27, 1855, P. L. 368; May 3,
1855, P. L. 415; May 4, 1855, P. L. 430; April 17, 1856, P. L. 386;
'April 21, 1856, ‘P. 'L. 495; April 22, 1856, P. L. 532; April 13, 1858,
P. L. 254; March 22, 1859, P. L. 207 ; April 7, 1859, P. L. 406; (the
two acts of) April 13, 1859, P. L. 559, 611; April 15, 1859, P. L. 670;
May 1, 1861, P. L. 680; April 1, 1863, P. L. 205; April 11, 1863,
P. L. 341; April 23, 1864, P. L. 550; April 27, 1864, 1P. L. ‘641;
August 2'5, 1864, ‘P. L. 1029; March 27, 1865, P. L. 45; \l'ovember
27, 1865, P. L. 1866, 1227; March 22, 1866, P. L. 297; May 17, 1866,
P. L. 1096; January 7, 1867, P. 1367; ‘February 13, .1867, P. L.
160; April 15, 1867, P. L. 86; February 6, 1868, P. .L. 124; April 2,
1868, 'P. L. 3; April 14, 1868, P. L. 97; April 28, 1868, P. L. 105;
February 26, 1869, P. L. 4; March 18, 1869, P. L. 409; March 30,
1869, P. L. 15; April 13, 1869, P. L. 28; (the two acts of) April 17,
1869, P. L. 70, 72; February 26, 1870, P. L. 256; May 23, 1871, P. L.
274; June 10, 1871, P. L. 385; March 6, 1872, P. L. 208; March 26,
22
The Statutes at Large 0/ Pennsylvania. [1 71 2—1 3
1873, P. L. 48; March 27, 1873, P. L. 49; May 19, 1874, P. L. 206;
March 4, 1875, P. L. 5; (the two acts of) March 18, 1875, P. L.
28, 29; ‘May 8, 1876, P. L. 140; May 13, 1876, P. *L. 172; May 24, 1878,
P. L. _131; May 1, 1879, P. -L. 40; June 5, 1885, P. L. 78; April 13,
1887, P. L. 22; April 28, 1887, P. L. 72; June 6, 1887, ‘.P. L. 359;
April 4, 1889, ‘P. L. 23; April 25, 1889, P. L. 52; May 7, 1889, P. L.
102; May 9, 1889, P. L. 146; June 12, 1893, P. L. 461; June 16,
1893, P. L. 464; March 28, 1895, P. L. 31; (-the two acts of) May 22,
1895, P. L. 99, 114; May 23, 1895, P. L. 114.

CHAPTER CXCVIII.
AN ACT FOR A'MEN‘DIN'G DI'VE‘RS LA'WS THElREI'N MENT‘ION'EID.
Forasmuch as the several laws, hereinafter mentioned, want
alteration and amendment in some branches thereof:
[Section 1.] Be it therefore enacted by Charles Gookin, Es-
quire, by the Queen’s royal approbation, Lieutenant-Governor
under William Penn, Esquire, true and absolute Proprietary
and Governor-in-Chief of the Province of Pennsylvania, &c., by
and with the advice and consent of the freemen of the said
Province in General Assembly met, and by authority of the
same, That all the courts of common pleas in the respective
counties of Philadelphia and Chester shall begin on the day
called Wednesday, next after the day appointed by the law
entitled “An act to establish courts of judicature in this pro-
vince,”1 for the quarter-sessions to begin on, in each of the
said counties. And that the courts of quarter-sessions for
the county of Bucks, shall begin on the third Tuesday in every
of the months called March, June, September and December.
And that the courts of common pleas for the said county of
Bucks shall be held at Bristol on the third Wednesday in every
of the same months, anything in the said act to the contrary
notwithstanding; and that two at least of the justices of the
court of common pleas for the county of Philadelphia (on the
day six weeks next after the ﬁrst day of the said courts of.

1 Passed February 28, 1710-111, Chapter 168.
I 71 2 — I 3] The Slalnles at Large of Pennsylvania.
common pleas there) shall attend at the place where the said
courts are appointed to be held to hear motions, and do and
perform all other things which they or any one or more of
them, in and by the last mentioned act, is or are empowered
and directed to do and perform in the said intermediate, or -
six weeks courts. And that no rules shall be made or days
given for pleas, replications, or other pleadings, to any other
time or place between the said quarterly courts of common
pleas, save only to the said intermediate courts, any practice,
rules or usage to the contrary notwithstanding.
[Section 11.] And be it further enacted, That when judg-
ment is obtained against any person for debt, pursuant to a
law of this province entitled “An act for determining of debts
under forty shillings,” 1 execution shall be awarded against the
body and effects of the defendant. But if he produce the
effects sufﬁcient to discharge such execution, his body shall
not be held‘ any longer; but for want of such effects, the
sheriff or keeper of the gaol, shall receive such defendant, and
him safely keep till the money be paid, or satisfaction made by
goods or otherwise. And that no debt or demand under forty
shillings shall be determined any other way, than the said act
directs, any law or usage to the contrary notwithstanding.
[Section 111.] And be it further enacted, That any person
being convicted of felony, pursuant to law of this province
entitled “An act against robbing and stealing,” 2 shall be forth-
with committed to gaol until he satisfy'the judgment of the
court. 7
[Section IV.] And be it further enacted, That all persons
drawing their carts, wains, and traveling wagons, with their
beasts, within the city of Philadelphia, otherwise than as by a
law of this province entitled “An additional act for preserv-
ing the highways,” 3 is appointed, shall be liable to the penalty
of forty shillings, as in the said act mentioned.
And whereas by a law of this province, entitled “An act for
ascertaining the dimensions of cask, and for the true packing

1 Passed January 12, 1705-6, Chapter 130.
ZPassed January 12, 17015-6, Chapter 118.
8 Passed January 12, 1705-6, Chapter 156.
24
The S/alnles az‘ Large of Pennsylvania. [1712-13
of meat for transportation,” 1 it is provided, That any person
may make cask as much less as they please to suit any market,
by means whereof such opportunity of fraud may be taken as
would prove greatly injurious to the trade of this place: for
prevention whereof: .
[Section V.] Be it enacted, That no person whatsoever shall
presume to make or use any cask to contain any beef, pork,
beer or cider for exportation, but of the express dimensions
set forth in the said law respectively, under the several penal-
ties mentioned in the same. ,
[Section VI.] And be it further enacted, That all salt im-
ported and sold in this province, shall be delivered from the
vessel importing the same, by lawful sealed measure, to be
found by such officer as the respective justices of the city or
place where such salt is imported, shall, from time to time, ap-
point to measure such salt, who shall strike all that he shall
so measure with a round strike, for which he shall receive and
take after the rate of twenty pence for every one hundred
bushels, and no more, to be paid in equal proportions between
the buyer and seller thereof. And that the said officer is
hereby empowered and required to measure by a straight
strike all wheat imported by water into any part of this pro-
vince, if thereto requested by the buyer or importer of such
wheat, for which the person so requesting shall pay sixteen
pence for every hundred bushels thereof, and no more.
[Section VII.] And be it further enacted, That all goats
that run at large, within the limits of the city of Philadelphia,
shall be liable to be taken up and forfeited in the same manner
as swine are liable, in the said city, by a law of this province
entitled “An act to prevent swine running at large.” 2
[Section VIII.] And be it further enacted, That all fences
shall be esteemed lawful or sufﬁcient though they be not close
at the bottom, so that the distance from the ground to the
bottom thereof exceed not nine inches, and that they be in all
other respects according to the law of this province entitled
“Act for regulating and maintaining of fences.”3

IPassed November 27, 1700, Chapter 80.
2 Passed January 12, 1705-6, !Chapter 158.
3 Passed November 27, 1700, Chapter 56.
I 71 2-13] T he Statutes at Large of Pennsylvania.
25
[Section IX.] And be it further enacted, That if any person
or persons do at any time hereafter set on‘ ﬁre any woods,
lands, marshes or cripples though within the time limited by a
law of this province entitled “An act against unseasonable
ﬁring the woods,” 1 within one mile of any fences or buildings,
without giving notice to the possessor of such improvements at
least twenty-four hours before he so do, he or they shall pay
all damages that shall thereby happen to any such buildings-
or fences.
[Section X.] And be it further enacted, That the overseers
of the highways for the respective townships of this province
shall, by virtue of their ofﬁce, without any further or other
warrant, twice in every year, to wit, once in the springtime and
once in the fall, or oftener if there be ‘real need, summon the
inhabitants of their respective districts to meet with necessary
tools and work at the repairing of all lawful and public high
ways therein, in such manner and under such penalties as the
law entitled “An act for erecting of bridges and maintaining
highways,”2 does direct and appoint, and that the said over
seers shall have full power when and where there may be oc-
casion to cause those that have teams to bring them with carts
and tools to work at the repairing of the said highways, and
that one day with a team shall go in lieu of three days’ work
without a team, and the owner of such team shall be accord-
ingly excused.
[Section XL] And be it further enacted, That nothing herein
contained shall be construed, deemed or taken to discontinue
or determine any of the above-mentioned acts or laws of this
province or any article, clause or thing therein contained, or
shall alter or avoid the same or any part thereof (except only
such part and parts of the said laws touching which other pro-
visions or alterations are made by this act), but that the said
several acts hereinbefore mentioned, and all the powers, provi-
sions, penalties, articles, clauses, matters and things therein
contained (except before excepted) shall continue and be in
full force and shall be observed and put in execution as fully,

lPassed November 27, 1700, Chapter 59.
2 Passed November 27, 1700, Chapter 57.
26
The Statutes at Large of Pennsylvania. [1 712-1 3
to all intents and purposes, as if all and every the clauses,
matters and things therein contained had been repeated and
again enacted in the body of this present act.
Passed March 27, 1712-13. Repealed by the Lords Justices in
Council, July 21, 1719. ‘See Appendix IV, Section! 11. This re-
peal is apparently inoperative, as the act had become a law by
lapse of time. As to Section 11, see Act of Assembly passed
February 28, 1710-11, Chapter 168. As to Section II, see Act of
Assembly passed May 28, 1715, Chapter 211. As to Section III,
see Act of Assembly pass-ed May 31, 1718, Chapter 236. As to
Section IV, see Acts of Assembly passed May 18, 1765, Chapter
526; September 29, 1770, Chapter 614; March 9, 1771, Chapter 624;
March 21, 1772, Chapter 653; September 30, 1779, Chapter 850;
April 13, 1782, Chapter 976; September 29, 1787, Chapter 1320;
December 4, 1789, Chapter 1471; April 5, 1797, ‘Chapter 1953; March
1, 1800, Chapter 2114. As to Section V, see note to act of Assem-
bly passed November 27, 1700, Chapter 80. As to Section'VI, see
Acts of Assembly passed September 22, 1785, Chapter 1193; March
27, 1821, P. L. 133; April 2, 1822, P. L. 126; June 16, 1836, P. L. 682;‘
April 12, 1842, [R L. 262; May 23, 1874, P. L. 230. As to Section
VII, see note to Act of Assembly passed January 12, ‘1705-6,
Chapter 158. As to Section VIII, see note to Act of Assembly
passed November 27, 1700, Chapter 56. As to Section IX, see
note to Act of Assembly passed November 27, 1700, Chapter 59.
As to Section X, see note to Act ‘of Assembly passed November 27,
1700, Chapter 57.

CHAPTER CXCIX.
AN ACT FOR T’H'E LAYIN’G A DUTY *OR EXCISE UiPOlN SUNDlRY LI'QUORS,
AND ALSO UIPO'N H'OPS, TO ANSWER 'SEV‘E‘RAL EXI‘GEN'C'IES OF THIS
GOVERNMENT.
For the more speedy discharging of sundry debts and an-
swering several other exigencies of this government:
[Section 1.] Be it enacted by Charles Gookin, Esquire, by the
Queen’s royal approbation,Lieutenant-Governor under William
Penn, Esquire, true and absolute Proprietary and Governor-in-
Chief of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That
I 71 2—13] The Statutes az‘ Large of Pennsylvania.
27
from and after the tenth day of the month called April, in the
year of our Lord one thousand seven hundred and thirteen,
there shall be raised, levied, collected and paid throughout
this province, for the space of one whole year then next fol-
lowing, the several rates, impositions, duties and charges here-
inafter mentioned: (That is to say) after the rate of four pence
per gallon for all wine, rum or other spirits retailed or sold by
the gallon, or in any quantity under, and [delivered atone time,
~ and to one person. And for every gallon of ale, beer, or cider
sold as aforesaid, one penny; and for every pound of hops im-
ported into this province (except those of the growth or pro-
duce of New Jersey or of the counties of Newcastle, Kent and
Sussex upon Delaware) three pence. -
[Section II.] And be it further enacted by the authority
aforesaid, That every retailer of any of the liquors aforesaid,
before they sell by retail any of the said liquors shall give
in their names to the oﬁcer hereinafter appointed to collect
the duties by this act arising, under the penalty of ten shil-
lings, and shall have a certiﬁcate gratis under the ofﬁcer’s
hand of their having done the same; which officer shall enter
the names of all such persons in a book for that purpose; and
the said retailers shall account with the ofﬁcer every three
months, or oftener if thereunto required; and shall pay unto
the said ofﬁcer, upon the settling the said account, such sum as
the said retailer shall be found in arrear for the duties afore-
said. And in case such retailer shall refuse to account with
the ofﬁcer, or to pay the said duties,_after having accounted
to the ofﬁcer, upon complaint and proof made thereof before
any two or more of the justices of the peace of the city or
county where such refusal shall be, the said justices shall
ﬁne the oﬁenders in any sum not exceeding ﬁve pounds, and
commit them to prison there to remain till they account for
and pay the said duties together with the said ﬁne; which
said ﬁnes and all other ﬁnes and forfeitures by this act arising,
and every of them (except such part or parts thereof as are
otherwise appropriated by this act), shall be paid to the
treasurer for the same uses the duties by this act arising are
appointed or intended.
28
The Statutes al Large (y‘ Pennsylvania. [1 71 2-—I 3
[Section 111.] And be it'further enacted, That if any person
(other than such as are legally licensed to keep public houses,
or shall have a certiﬁcate from the ofﬁcer as aforesaid) shall
presume during the said term to sell by retail the quantity of
one gallon or under of any the liquors aforesaid, and be con-
victed thereof by the oath or affirmation of one or more cred-
ible witnesses before any two or more of the justices of the
peace of the county or city where the offense was committed,
such person shall be by the said justices ﬁned in any sum not
exceeding ﬁve pounds for the ﬁrst offense, and for the second
and every other offense, the sum of ﬁve pounds and not under;
and such person shall by the said justices be committed to the
common gaol there to remain till payment thereof be made,
one-third part of which said ﬁnes shall go tothe ofﬁcer or
person who shall prosecute for the same.
[Section IV.] And be it further enacted, That the said ofﬁ-
cer may enter into the cellar or other room of any public
housekeeper to gauge or examine their liquors, when and as
oft-en as he shall think ﬁt, and upon their refusing him so to
do, he may force and break open the doors to gauge or examine
the same.
Provided always, That there shall be allowed to the retail-
ers of the liquors aforesaid ten gallons per cent for leakage
or wastage; and if any cask happen to start or burst, no duty
shall be reckoned for the liquor lost by means of such starting.
[Section V.] And be it further enacted by the authority
aforesaid, That if any hops imported into this province (other
than of the growth or produce of New Jersey or counties
aforesaid) shall privately and without [a permit] from the
officer (for which permit he shall take one shilling and no more)
be put on shore, the duty aforesaid- not being ﬁrst paid or se-
cured to the ofﬁcer, the same shall be forfeited, and the ofﬁcer
may enter any store, cellar or other place where he may sus-
pect such hops to be concealed; and if he ﬁnd any, may seize
and prosecute the same to condemnation in the court of com-
mon pleas held for the county where such seizure was made.
One-third part of which seizure, after condemnation, shall go
to the ofﬁcer or informer. And the said ofﬁcer shall account
with the provincial treasurer every three months, or oftener
I 712-1 3] The Statutes at Large 0/ Pennsylvania.
29
if required, and shall pay to him all such sum and sums of
money as he shall receive for the duties aforesaid by virtue
of this act imposed.
[Section VI.] And be it further enacted, That Samuel Holt,
of Philadelphia, shall be andis hereby appointed the ofﬁcer
aforesaid, who is empowered to collect, levy and receive duties,
ﬁnes and forfeitures aforesaid by this act laid, who shall give
sufﬁcient security to the treasurer (if required) for the faith-
- ful discharge of his duty in the premises and for his account-
ing with and paying the treasurer as aforesaid, and shall be
allowed by the treasurer after the rate of ten pounds per cent
for his receiving and paying of the moneys by this act arising; .
' and shall appoint ofﬁcers and collectors under him in the coun-
ties of Bucks and Chester, for whom he shall be answerable.
[Section VII] Provided always, and be it further enacted,
That in case the said Samuel Holt shall refuse to take upon him
to be the ofﬁcer or collector of the said duties, or having taken
the same upon him shall afterwards neglect or decline the
same, or misbehave himself therein, that then and in such case
the treasurer is hereby empowered and required to appoint
' another in his place or stead, who shall have the same powers
and authorities to the said Samuel Holt by this act given.
[Section VIII.] And be it further enacted by the authority
aforesaid, That the constables of the respective towns or coun-
ties of this province shall be aiding and assisting to the said
ofﬁcer or his deputies in the execution of the premises, if re-
quired. And if the ofﬁcer or his deputy or any constable shall
be sued or prosecuted for anything by them done in pursuance '
of this act, he or they may plead the general issue, and‘ give
this act in evidence for their justiﬁcation; and in case a verdict
shall be given against the prosecutor, or he shall become non-
suit, or shall suffer a discontinuance, the defendant shall re-
cover treble costs. _
[Section IX.] And be it further enacted by the authority
aforesaid, That all moneys which by virtue of this act shall
’come to the public treasurer’s hands (deducting ﬁve per cent
only for his trouble in receiving and paying the same), to-
gether with all other moneys which now are or hereafter shall
30
The Statutes at Large of Pennsylvania. [1 712—1 3
come to his hands (by means of any other law of this province,
and not otherwise appropriated by the same), shall be by him
paid in manner following: (That is to say) ﬁrst, the immediate
services of this present Assembly (by order of the house issued
under the Speaker’s hand) shall be discharged and paid. Next,
such part as shall remain unpaid of the several sums of money
as have been by the laws of this province given or allowed to
the Lieutenant-Governor, Charles Gookin, Esquire, shall be
fully paid and discharged. Next, all public debts, for which
orders of payment are or have been issued under the Speaker’s
hand, by order of the former Assemblies (and not paid), shall be
discharged. Next, the sum of two hundred and ﬁfty pounds
more shall be paid to the said Lieutenant-Governor or his as-
signs. Next, all other public" debts issued by order of this,
present Assembly under the Speaker’s hand shall be paid in
due proportions, until the whole be fully discharged. And the
residue (if any) shall remain in the treasurer’s hands as public
stock, to be disposed of as the laws of this province, for the
time being, shall direct, and not otherwise.
Passed March 27, 1712-13. “Expired before being considered by
the Crown for action. See Appendix IV, Section II.
l I 71 5] The Slalnles al Large of Pennsylvania.
At a General Assembly begun and holden at Philadelphia
the fourteenth day of October, A. D. 1714, and continued by
adjournments until the twenty-eighth day of May, 1715, the
following acts were passed:
CHAPTER CC.
AN ACT OF‘ PR‘IV'ILEIGES TO A FREEMAN.
[Section 1.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation, Lieutenant-Governor, under William Penn,
Esquire, Proprietary and Governor-in-Chief of- the Province of
Pennsylvania, by and with the advice and‘ consent of the free-
men of the Province in General Assembly met, and by the
authority of the same, That no freeman of this province shall
be taken or imprisoned, disseized of his freehold or liberties, or
be outlawed or exiled or any otherwise hurt, damniﬁed or de-
stroyed, nor be tried n‘or condemned but by the lawful judg-
ment of his twelve equals or by the laws of this province.
‘Provided nevertheless, That nothing herein contained shall
extend or be construed to obstruct the power of the court of
admiralty concerning any matter properly recognizable in the
said court.
Passed May 28, 1715. Repealed by the Lords Justices in Council
July 21, 1719. See Appendix IV, Section II.
0.)
T he Slaz‘nz‘es al Large of Pennsylvania. [I 715
[O
CHAPTER CCI.
-_.--—----0
AN AJCT DIRECTINIG AlPlP'EALS "PO GREAT BRITAIN.
[Section I.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation, Lieutenant-Governor, under William Penn,
Esquire, Proprietary and Governor-in-Chief of the Province of
Pennsylvania, and by and with the advice and consent of the
freemen of the said Province in General Assembly met, and
by the authority of the same, That no judgment, sentence,
or decree of any of the supreme courts, or courts of admir-
alty in this province, shall be so ﬁnal but that the party
grieved therewith may appeal to the King, his heirs and suc-
cessors, so that such appellant does deposit the sum or sums
recovered or decreed against him, or become bound, with one
or more sufﬁcient sureties to the party for whom such judg-
ment or sentence is given by recognizance in double the sum
adjudged, to be recovered by the sentence, decree or judg-
ment of the said courts, or any of them, with conditions that
the person or persons appealing shall and [will], within
eighteen months after, prosecute his or their appeal in
Great [Britain] with effect; and if the judgment or decree be
afﬁrmed there, or that the appellant fails in the prosecution
of his said appeal within the time aforesaid, then the said ap-
pellant or party in whose name the appeal is made, shall pay
all the debts, damages and costs adjudged upon the former
judgment, sentence or decree, and all such costs and dare-
ages as shall be awarded for delaying execution; or they the
sureties shall do the same for him, whereto the judges, before
whom the recognizance is given, shall subscribe their hands;
and then execution shall stay, and the appellant, if taken in
execution, shall be discharged.
Passed May 28, 1715. Repealed ‘by the Lords Justices in lCouncil
August 25, 1719. See Appendix IV, Section II. Notice of the repeal
of this act does not seem to have reached Pennsylvania, as it was
printed as in force in all the revisions down to the Revolution.
1 715] T he Statutes at Large ef Pennsylvania.
CHAPTER CCII.
—____-—
AN ACT FOR ESTABLISHING TH'E COURTS OF ‘GENERAL QUARTER-
SE’SSIONIS IN THIS P'RJOV'INlCE.
[Section I.] Be it enacted by Charles Gookin, Esquire, by the
'royal approbation Lieutenant-Governor, under William Penn,
Esquire, Proprietary and Governor-in-Chief of the Province of
Pennsylvania, by and with the advice and consent of the free-
men of the said Province in General Assembly met, and by the
authority of the same, That there shall be a court styled
the general quarter-sessions of the peace and gaol delivery,
holden and kept four times in every year, in each county of
this province, viz., at ‘Philadelphia, for the county of Phila-
delphia, on the ﬁrst second day of the week called Monday,
in the months called March, June, September and December;
at Bristol, for the county of Bucks on the eleventh day fol-
lowing inclusive, in every of the same months; and at Chester,
for the county of Chester, on the last third day of the week,
called Tuesday, in the months called May, August, November
and February.
And that there shall be a competent number of justices in
every of the said counties, nominated and authorized by the
governor or lieutenant-governor for the time being, by com-
mission under the broad seal of this province, which said jus-
tices, or any three of them, according to the tenor and direc-
tions of their commission, shall and may hold the said general
sessions of the peace and gaol delivery.
And each of them shall keep and cause to be kept the peace
of our Lord the King, his heirs and successors, and all acts
and statutes made and to be made for the conservation of the
peace, and for the quiet rule and government in the respective
counties where they shall be commissionated as aforesaid. And
according as those acts do or shall direct, to chastise and pun-
ish all persons offending agaist the common law or the form of
those acts [and statutes1—(excepting in cases of treasons, mur-
34
T heStatutes at Large of Pennsylvania. [1 715
ders and such other crimes as are or shall by the laws of this
province be made felonies of death), by ﬁnes, ransoms, amerce-
ments, forfeitures or otherwise. And to commit to prison,
let to bail, and discharge offenders of or for offenses or crimes
cognizable before them the said justices. And to take recog-
nizances and obligations in such cases as the law doth or shall
direct. And to grant and issue forth all and all manner of
writs, precepts and process, which by law are or ought to be
awarded or issued in or upon the procedure of any of the of-
fenses, matters, causes and things hereby made cognizable in
the said courts of general quarter-sessions and gaol delivery.
And generally to [ad]minister common justice, and to exercise,
hear, determine and execute all things within the said respec-
tive counties and limits of their commissions and authorities,
as near as conveniently may be to the laws of Great Britain
and according to the laws of this province, as fully and effectu-
ally as any justices of assize, justices of oyer and terminer, or of
gaol delivery, or justices of the peace may or can do.
Provided always, That if any [presentments] shall be made
in the said sessions of the peace, for or concerning any crimes
or offenses which by law may be inquired of but not heard
and determined in the said sessions of the peace, then and in
every such case all such presentments or inquisitions of those
offenses shall be set down in writing, indented and sealed by
the grand inquest, one part to remain with them, and the other
part with the justices of the peace, in order to be delivered by
one of them to the justices of the supreme court of oyer and
terminer, at their next succeeding court, there to be proceeded
upon as the law, in such cases, shall direct.
[Section II.] And be it further enacted, That the said jus-
tices of the peace or any three of them may, pursuant to their
said commissions,hold special and private sessions, when and as
often as occasion shall require. And that the said justices and
every of them shall have full power and authority in or out
of sessions, to take all manner of recognizances and obliga-
tions, as any justices of the peace of Great Britain may, can
or usually do; all which said recognizances and obligations
shall be made to the King and his successors; and all recog-
nizances for the peace, behavior or for appearance, which shall
I715] The Statutes at Large of Pennsylvania.
35
be taken by any of the said justices out of sessions, shall be
certiﬁed into their said general sessions of the peace, to be
holden next after the taking thereof; where the justices may,
by virtue of this act, discharge and cancel any of those recogni-
zances and obligations as they shall see meet. And every re-
cognizance taken before any of them for suspicions of any
manner of felony or other crime not triable in the said court
of general quarter-sessions of the peace and gaol delivery, shall
be certiﬁed before the said justices of the supreme court of
oyer and terminer, at [their] next succeeding court to be
holden next after the taking thereof, without concealment, de-
taining or embezzling of the same. But in case any person or
persons shall forfeit his or their recognizances of the peace, be-
havior or appearance, for any cause whatsoever, then the said
recognizances so forfeited, with the record of the default or
cause of forfeiture, shall be sent and certiﬁed without delay by
the justices of the peace into the said supreme court as the
case may require; that thence process may issue out against
the parties according to law; all which forfeitures shall be
levied by the proper ofﬁcer, and go to the governor.
[Section 111.] And be it further enacted, That all ﬁnes and
amercements, which shall be laid before the justices of the
said courts of general quarter-sessions of the peace and gaol
delivery, shall be taxed, affeered and set truly and duly, ac-
cording to the quality of the offense, without partiality or af-
fection; and shall be yearly estreated by the clerks of the said
courts respectively, into the said supreme court, to the intent
that process from thence may be awarded to the sheriﬁ of
every county as the case may require, for levying such of their
ﬁnes and amercements as shall be unpaid, to the uses for which
they are or shall be appropriated.
Provided always, That the said courts of the general quar-
ter-sessions of the peace may be kept and continued for the
space of three days in the county of Philadelphia, at any of the
times hereinbefore appointed to hold and keep the same courts
and sessions there; and for the space of two days, in either of
the said counties of Bucks and Chester, respectively, at any
3-H
36
The Slalnles al Large of Pennsylvania. [171 5
of the said times hereinbefore appointed to hold and keep the
said courts and sessions there in manner aforesaid.
Provided also, That nothing herein contained shall deprive
or abridge the mayor, recorder or aldermen of the city of Phila-
delphia of any powers, privileges, jurisdictions or franchises,
granted them by charter or the laws of this province.
And to the end that persons indicted or outlawed for felon-
ies or other offenses in one county or town corporate, who
dwell, remove or be received in another county or town cor-
porate may be brought to justice: ,
[Section IV.] Be it further enacted, That the said justices
[or] any of them shall and may direct their writs or precepts to
all or any the sheriffs or other ofﬁcers of the said counties or
towns corporate within this province, where need shall be to
take such persons indicted or outlawed. And that it shall and
may be lawful to and for the said justices and every of them to
issue forth subpoenas and other warrants, under their respec-
tive hands and seal of the county, into any county or place of
this province, for summoning or bringing any person or persons
to give evidence in and upon any matter or cause whatsoever,
now or hereafter examinable or in anywise triable by or before
them or any of them, under such pains and penalties as sub-
poenas or warrants of that kind usually are or shall be granted
or awarded.
[Section V.] And be it further enacted by the authority
aforesaid, That if any person or persons shall ﬁnd him or them-
selves aggrieved with the judgment of any of the said courts
of general quarter-sessions of the peace and gaol delivery,
or any other courts of record within this province, ‘it shall and
may be lawful to and for the party or parties so aggrieved to
have his or their writ or writs of error, which shall be granted
them of course in manner as other writs of error are to be
granted, and made returnable to the said supreme court of this
province. '
Provided always, That when any writ of error shall be
granted upon any judgment given or to be given for the said
city of Philadelphia, the mayor, recorder and aldermen of the
said city of Philadelphia and their successors, or any of them,
I71 5] T he Statutes atLarge of Pennsylvania.
37
shall not be compelled upon any of the said writs, or any other
Writ or writs directed to them, or any of them, to remove, send
or certify into the said supreme court or elsewhere any of the
indictments or presentments taken or to be taken‘ before them;
or the record of the judgments and proceedings upon any [such]
indictments or presentm ents, but only the tenors or transcripts
of the said records, under their common seal. And after such
judgments are reversed or afﬁrmed, or causes lawfully re-
moved from the said city courts are tried in the said supreme
court, it shall be lawful for the mayor, recorder and alderman,
and their successors, to proceed to execution or otherwise as
shall appertain according to law and the direction of the
judges.
[Section VI] And be it further enacted by the authority
aforesaid, That the said justices shall have power in their re-
spective courts of quarter-sessions in the said city and counties
respectively, to set such reasonable prices on all liquors retailed
in public houses and provender for horses in public stables,
from time to time, as they shall see ﬁt, under the like penalties
as in such cases are enacted by the laws and statutes of Great
Britain.
IPassed ‘May 28, 1715. ‘Repealed by the Lords Justices in Council
July 21, 1719. See Appendix IV, Section II.

CHAPTER CCIII.
AN ACT ‘FOR EMlPOWE‘RINlG [RELIGIOUS] SOCIETIES TO BUY, HOLD
AND ENJOY LAN'DS, TEN'ElMENTS AND HEREDITA-MEINII‘S.
[Section I.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation Lieutenant-Governor, under William Penn,
' Esquire, Proprietary and Governor-in-Chief of the Province of
Pennsylvania, by and with the advice and consent of the free-
men of the said Province in General Assembly met, and by the
authority of the same, That it shall and may be lawful to and
The Statutes at Large 0f Pennsylvania. [1715
for all religious societies or assemblies and congregations of
Protestants, within this province, to purchase any lands or
tenements for burying grounds, and for erecting houses of
religious worship, schools and hospitals; and by trustees, or
otherwise, as they shall think ﬁt, toreceive and take grants or
[conveyances] for the same, for any estate whatsoever, to and
for the [use or] uses aforesaid, to be holden of the lord of the
fee by the [accustomed] rents and services.
[Section 11.] And be it further enacted by the authority
aforesaid, That all sales, gifts or grants made to any of the
said societies, or to any person or persons in trust for them,
or any of- them, for or concerning any lands, tenements or
hereditaments within this province, for and in any estate what-
soever, to and for the use and uses aforesaid shall be and are
by this act ratiﬁed and conﬁrmed according to the tenor and
true meaning thereof, and of the parties concerned therein.
And where any gifts, legacies or bequests have been or shall
be made by any person or persons to the poor of any of the
said respective religious societies, or to or for the use or service
of any meeting or congregation of the said respective societies,
the same gifts and bequests shall be employed only to those
charitable uses, or to the use of those respective societies or
meetings, or to the poor people to whom the same are or shall
be given or intended to be given or granted, according to [what
may] be collected to be the true intent and meaning of the re-
spective donors or grantors. '
Passed May 28, 1715. Repealed by the Lords Justices in Council
July 21, 1719. See Appendix IV, Section II.
1 715] The .Statntes at Large of Pennsylvania.
39
CHAPTER CCIV.
—-—_-—-
AN AEFIRMA‘TI-ON AlC'T FOR SUCH 'waro ‘FOR CONSCIElNlGE’ SAKE CAN-
NOT TAKE AN OATil—Ll
Whereas the governor-in-chief and greatest part of the in-
habitants, freeholders and ﬁrst settlers of this colony being of
the people commonly called Quakers, who for conscience’ sake
could neither take nor administer an oath, it was found neces-
sary to provide laws suitable in that case, for the better admin-
istration of justice, which laws whilst in force proved effectual.
But being now destitute of any such provision, by reason of
our late gracious Queen’s repeal of divers laws of this province
relating thereunto, an entire failure of judicial proceedings
hath happened, which if not speedily remedied, we conceive,
may prove of ill consequence to his Majesty’s subjects here.
And considering the major part of the inhabitants and free-
holders of this province are religiously principled against
taking or administering an oath, and if so considerable a num-
ber are left incapable of serving their King and country, either
in the administration of justice or serving on juries, too great
a burden will [fall on] those who can take and administer oaths.
And if evidence cannot be given or taken without oaths, the
greatest offenders in this province, may escape with impunity;
therefore we humbly desire:
[Section 1.] That it may be enacted, and be it enacted by
Charles Gookin, Esquire, by the royal approbation Lieutenant-
Governor under William Penn, Esquire, Proprietary and Gov-
ernor-in-Chief of the Province of ‘Pennsylvania, by and with
the advice and consent of the freemen, of the said Province in
General Assembly met, and by the authority of the same, That
from henceforth all persons who shall be required upon any
lawful occasion to give evidence in any case whatsoever, or to
take their qualiﬁcations [to serve] as magistrates, officers or
jurymen; and shall, for conscience’ sake, refuse to take an oath,

1 See Act of February 28, 1710-11, Chapter 171.
40
The Slaz‘nz‘es at Large of Pennsylvania. [1 71 5
but shall be willing, instead thereof, to declare their assent
to the effect or purport of it on their solemn afﬁrmation, ac-
cording to [the] form and manner hereinafter prescribed, shall
be allowed so to do; [and that the] form of such solemn afﬁrm-
ations, and the manner of administering the same, shall be by
a question put as followeth, viz.:
Dost thou declare in the presence of Almighty God, the wit-
ness of the truth of what thou sayest?
adding the proper words which the afﬁrmant is to answer
or assent unto according as the case or occasion may require,
whether it be for giving evidence or for qualifying the aﬁirm-
ants to serve as judges, justices, magistrates, inquests or jury-
men, or for any other matter, cause or thing whatsoever
wherein oaths are or shall be required; which said assent shall
be expressed by the afﬁrmant’s answering “Yea” or “Yes.”
And that the said solemn afﬁrmatio-n shall be adjudged and
taken and is hereby enacted and declared to be of the same
force and as available in law to all intents and purposes as an
oath in all courts of justice and other places where, by the
laws of Great Britain, an oath is required.
[Section 11.] And be it further enacted by the authority
aforesaid, That if any person or persons taking such solemn
aiﬁrmation shall be lawfully convicted of willfully, falsely and
corruptly afﬁrming or declaring any matter, cause or thing,
which, if the same had been upon oath, would have amounted
by the laws and [statutes] of Great Britain to willful and cor-
rupt perjury, every such person so offending [shall] incur the
same penalties and forfeitures as, by the said laws and statutes,
are enacted against persons legally convicted of willful and
corrupt perjury, and shall forever after be incapable of bearing
any ofﬁce or giving evidence in any court or before any judicial
authority in this province.
Passed May 28, 1715. Allowed to become a law by lapse of time
in accordance with the proprietary charter, having" 'been considered
by the Lords IJustices in Council July 21, 1719, and not acted upon.
See Appendix I'V, Section II, and the Acts of Assembly passed 'May
28, 1715, Chapter 209; May 31, 1718, ‘Chapter 236; May 9, 1724, Chap-
ter 281; ‘May 19, 1739, Chapter 351; February 3, 1742-43, ‘Chapter
359; March 21, 1772, Chapter 660; April 3, 1804., P. L. 513; April
23. 1829, 'P. 1L. 3411; ‘March 31, 1860, ‘P. L. 382; April 3, 1895, P. L. 32.
1 715] The Statutes at Large of Pennsylvania.
41
CHAPTER CCV.
AN ACT “FOR CO'RROIBORA'TING THE CIRCULAR LINE BETFWEEN 'IlI-IE
COUNTIES OF CHESTER AlNlD NlE'WCA'Si'IlIJE.
Whereas the late King Charles the Second, by his royal
charter under the great seal of England, bearing date the
fourth day of March, in the thirty-third year of his reign, did
grant unto William Penn, Esquire, his heirs and assigns, a
certain tract or part of land in America bounded on the east
by Delaware River, from twelve miles distance northward of
Newcastle town, unto the forty-third degree of northern lati-
tude; bounded on the south by a circle drawn at twelve miles
distance from Newcastle, northward and westward unto the
beginning of the fortieth degree of northern latitude; which
said tract of land by the said charter-is erected into a province
called Pennsylvania, and the said William Penn constituted
Proprietary and Governor of the said province, as by the said
charter may appear:
And whereas the said late King by his royal charter under
the great seal of England did grant to his brother James, then
Duke of York, his heirs and assigns, all the said town of New-
castle, otherwise called Delaware and [fort therein] or there-
unto belonging, situate between Maryland and New [Jersey in]
America; and all that tract of land lying within the compass
[or circle] of twelve miles about the said town, with divers
great powers and privileges therein mentioned; which said
town, fort and tract of land, lying and being as aforesaid with
their appurtenances, the said James, Duke of York, did
(amongst other things) grant and conﬁrm to the said William
Penn, his heirs and assigns, as by the last-mentioned grant
may at large appear:
And whereas the said town and tract of land being after-
wards made and called the county of Newcastle, the said pro-
prietary, at the special instance and request of divers inhab-
itants of the said counties of Newcastle and Chester, did issue
42
The Statutes at Large of Pennsylvania. [1 71 5
forth his warrant under the provincial seal, bearing date the
twenty-eighth day of October, one thousand seven hundred and
one, directed to Thomas Pierson, surveyor of the said county of
Newcastle, and Isaac Taylor, surveyor of the said county of
Chester, [whereby they] were empowered and required to ac- .
company the magistrates of the [said two] counties, or any
three of them, within forty days after the date of the said war-
rant, to admeasure and survey from the said town of Newcastle
the distance of twelve miles on a right line up the said river
Delaware; and from the said distance to divide between the
two said counties, by a circular line, extending according to the
said King’s letters patent and deeds of feoffme-nt; and that
the said circular line should be well marked, two-third parts
of the semi-circle, as by the said warrant may more fully ap-
pear. '
In pursuance of which warrant the said surveyors, on the
twenty-ﬁfth day of November, one thousand seven hundred
and one, at Newcastle aforesaid, met, with Cornelius Empson,
Richard Halliwell and John Richardson, then justices of the
said county of Newcastle, and Caleb Pusey, Philip Roman and
Robert Pyle, justices of the said county of Chester, who unani-
mously concluded and agreed that in order to admeasure and
survey the said twelve miles distance from Newcastle town, for
dividing the said two counties, according to the said proprie-
tor’s warrant, the beginning should be at the end of the Horse
Dyke, next the said town of Newcastle; [and] from thence to
measure due north the said distance of twelve miles; and at
the extent thereof to run the circular line, ﬁrst eastward down
to the said river Delaware, and then to return to the said extent
of twelve miles north; and from thence to run the said circle
westward, until it should complete the two-third parts of the
said semi-circle.
And accordingly on the twenty-sixth day of November, they
the said surveyors, in the presence of the said justices, did
begin at the said end of the Horse Dyke, and measure due
north twelve miles to a white oak marked with twelve notches,
standing on the west side of Brandywine Creek, in the land of
one Israel Helm; and from the said oak they went eastward,
I 71 5] The Statutes at Large ofPennsylvania.
'43
circularly, changing their course from the east, southward one
degree at the end of every sixty-seven perches, which is the
chord of one degree to twelve miles radius; and at the end of
forty-three chords they came to Delaware River at the upper
side of Nathaniel Lamplugh’s old house at Chichester; and
then they returned to the said white oak in Israel Helm’s land;
and from thence they went westward, changing their course
one degree from the west, southward, at the end of every sixty-
seven perches, as before, until they had extended seventy-seven
chords (which being added to the said forty-three chords,
makes two-third parts of the semi-circle, to a twelve miles
radius); all which said circular line being well marked with
three notches on each side the trees, to a marked hickory,
standing near the western branch of Christiana Creek, was
[completely] ﬁnished on the fourth day of December, in the
said year one thousand [seven hundred] and one, certiﬁed and
subscribed the same day by the said Cornelius [Empson], John
Richardson, Caleb Pusey, Philip Roman and Robert Pyle, and
also by the said surveyors, as by the said certiﬁcate and survey-
ors’ return, remaining in the surveyor-general’s office at Phila-
delphia, may more fully appear.
And although the said circular line takes in some taxables
who theretofore were reputed to be of the said county of Ches-
ter, and leaves out others who had been reputed of Newcastle
county,'yet the inhabitants of Chester county acquiesced with
the said line and ever since observed it as the proper division
of the said two counties; but divers of the said county of New-
castle would avoid the same and extend their bounds beyond
their proper limits most wrongfully, suggesting that the said
circular line was run without warrant or law, and under that
pretense have presumed to lay [an assessment] upon divers of
the inhabitants of the said county of Chester. [Therefore] to
prevent the ill consequences that may attend the [levying of
the] said assessments, and to the end it may be known to all
that the bounds of Newcastle county can extend no further
towards ‘Chester than twelve miles northward of Newcastle
town; and that the said circular line was drawn or run as afore-
said, by consent of a competent number of the magistrates of
3*—--II
44
The Slaz‘nles al Large of Pennsylvania. [171 5
each county, and by express order and warrant of the said pro-
prietary, being then and yet the lord of the fee in both the
said counties:
[Section 1.] We desire that it may be enacted, and be it en-
acted by Charles Gookin, Esquire, by the royal approbation
Lieutenant-Governor under William Penn, Esquire, ‘Proprie-
tary and Governor-in-Chief of the Province of Pennsylvania,
by and with the advice and consent of the freemen of the said
Province in General Assembly met, and by the authority of the
same, That the said circular line so drawn and certiﬁed in
manner aforesaid is hereby conﬁrmed, and shall be and is
hereby declared to be the division line between the said county
of Newcastle and the county of Chester, so far as the same ex-
tends and is marked as aforesaid; and all the lands, tenements
and hereditaments lying or being without, or northward of
the said circular line, shall forever be deemed and taken as
parts and members of the said county of Chester; and that the
inhabitants thereof, shall do their suits and services to the
courts of Chester as other inhabitants-of that county ought
to do.
And if any of the magistrates or officers of the county of
Newcastle or any other person or persons shall by any manner
of way or means whatsoever compel or oblige any of the said
inhabitants, without or northward of the said circular line, to
do or perform any suit or service in any court or courts within
the said county of Newcastle, ‘or shall impose, set and levyany
ﬁne or amercement for their not doing or performing the same,
or shall assess or impose any taxes, rates or levies whatsoever
(by poll, pound rate, or otherwise) upon any of the said inhab-
itants, without or northward of the said circular line; or upon
any of the persons sojourning with them; ‘or upon the lands,
tenements, or other estate, lying or being northward of the said
line; and if any person or persons whatsoever shall by virtue
or color of any warrant, order or precept from any of the magis-
trates, ministers or ofﬁcers of the said county of Newcastle, or
upon any other pretense whatsoever, presume to levy or com-
pel the payment of any such taxes, rates or assessments, as
now are or hereafter shall be imposed or assessed, as aforesaid,
by distraining the goods, attaching the effects, or arresting the
1 715] The Statutes at Large of Pennsylvania.
45
bodies of any of the said persons refusing to pay the same, then
and in every such case the [party or] parties aggrieved may
have their action or actions upon this act [against any] of the
magistrates, ofﬁcers and persons offending in any of the prem-
ises, wherever they or their effects may be found in this prov-
ince; and if the verdict or inquisition passeth for the plaintiff
or plaintiffs, in any such action, he or they shall have judg-
ment for treble damages found thereby, with full costs of suit,
in which actions no essoin, protection, wager of law, nor any
more than one imparlance shall be allowed.
‘Passed 'May 28, 1715. Repealed by ‘the Lords Justices in Council
July 2-1, 1719. See Appendix IV, Section II.

CHAPTER CCVI.
—-_——_—-
AN ACT FOR THE BETTER RECOVERY ‘OF FINES AND FORFEI'T‘URES
DUE TO THE GOVERNOR AND GOVERNMENT OF THIS PROVINCE.
To the end that all ﬁnes, forfeitures, [issues and] amerce-
ments, which were designed and ought to be applied [towards]
defraying the necessary charge of supporting the administra-
tion of this government, may be duly estreated, levied and
brought into the provincial stock or treasury, that so the same
may go to the uses intended:
[Section 1.] Be it enacted by Charles Gookin, Esquire, by
the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the’ freemen of the said Province in General Assembly met,
and by the authority of the same, That all ﬁnes, issues, amerce-
ments, forfeited recognizances, sum and sums of money to
be paid in lieu and satisfaction of them, or any of them, and
all other forfeitures whatsoever, which after the twenty-ﬁfth
day of June, one thousand seven hundred and ﬁfteen, shall
be set, imposed, lost or forfeited in the supreme court of this
46
The Statutes at Large of Pennsylvania. [1 715
province, or in any of the courts of common pleas, courts of
general quarter-sessions of the peace and gaol delivery, or
before any special commissioners of oyer and terminer, in any
county of this province, shall by the justices, prothonotaries and
clerks of the said courts respectively, be certiﬁed and estreated
in and into the said supreme court, to be held at Philadelphia,
on the twenty-fourth day of September, one thousand seven
hundred and sixteen, expressing the cause of the loss, the court,
the nature of the writ, and names of the parties betwixt whom
the said issues and amercements are lost.
And that all ﬁnes, issues, amercements, forfeited recogni-
zances, sum and sums of money to be paid in lieu or satisfaction
of them, or any of them, and all other forfeitures whatsoever
arising in any of the said courts, from the said twenty-fourth
day of September,“ one thousand seven hundred and sixteen,
in every year, to the tenth day of April, in every year, shall be
and are hereby ordainedand required to be certiﬁed and es-
treated in and into the said supreme court the last day of
every April court, to be held at ‘Philadelphia, in every year;
and from the beginning of every April court there, in every
year, to the beginning of every September court there in every
year, on pain that every ofﬁcer or minister of or belonging
to the said courts, or any of them, who by this or any other
law of this province ought to make certiﬁcates or estreats of
any of the said ﬁnes, issues, amercements and forfeitures,
making default or offending therein, shall forfeit and pay
thirty pounds current money of this province for every such
default that shall be made in certifying and estreating as- afore-
said; the one moiety to the use of the governor, for support of
government, and the other moiety to such person or persons
as will sue for the same, to be recovered in any court of record
in this province, by action of debt, bill or information, wherein
no essoin, protection or wager of law, and but one imparlance
shall be allowed.
[Section 11.] And be it further enacted by the authority
aforesaid, That all the clerks of the peace, and town clerks,
and every of them within this province, shall make and deliver,
yearly, to the sheriff of the respective county, city or town cor-
I 7 I 5] The [Statutes at Large of Pennsylvania.
47
porate, where the sessions of the peace is or shall be kept,
within ten days after the ﬁrst day of November, in every year,
a true and perfect estreat or schedule of all ﬁnes, issues, amerce-
ments, forfeited recognizances, sum and sums of money, and
other forfeitures whatsoever, which shall happen to be im-
posed, set, lost or forfeited in any of the said sessions of the
peace respectively, which shall be held before the said ﬁrst day
of November, by or upon any person or persons whatsoever,
due to the governor or government of this province.
And also shall yearly and every year, on or before the tenth
day of April, make and deliver into the said supreme court a
true and perfect duplicate, certiﬁcate and estreat of all the
schedules so delivered to the said respective sheriffs, that so
they, on their opposals in the said supreme court, may be
charged with the money levied and received by them respec-
tively upon such schedules delivered as aforesaid, on pain
that every person and persons offending herein, for every
such default or failure made, shall forfeit and pay thirty
pounds current money of this province, the one moiety to the
use of the governor for support of government, and the other
moiety to such person or persons as will sue for the same, to be
recovered as aforesaid.
[Section 111.] And be it further enacted, by the authority
aforesaid, That the justices of the said supreme court shall
award process for levying, as well of such ﬁnes, forfeitures,
issues and amercements as shall be estreated into the said
supreme court, as of all the ﬁnes, forfeitures, issues and amerce-
ments which shall be lost, taxed and set there, and not paid to
the uses they shall be appropriated.
[Section IV.] And be it further enacted, by the authority
aforesaid, That no justice, officer or minister of or belonging to
any of the said courts, or any prothonotary or clerks of said
supreme or other courts, clerk of the peace, town clerk, nor
any ofﬁcer or minister under them, or any of them, nor other
person or persons whatsoever, do or shall spare, take off,
discharge or wittingly or willingly conceal any indictment, ﬁne,
issue, amercement, forfeited recognizance, or other forfeiture
whatsoever, exhibited, set, imposed, lost or forfeited in any of
48
The Slalnles at Large of Pennsylvania. [I 715
the courts above mentioned, or before any of the judges, jus-
tices or commissioners of or belonging to the same; or any sum
or sums of money paid or to be paid to any oﬁcer or ofﬁcers,
in lieu or satisfaction of any ﬁne or forfeiture (unless it be by
rule or order of court where such indictment, ﬁn'e, issue,
amercement, forfeited recognizance or other forfeiture is or
shall be exhibited, set, imposed, lost or forfeited). Nor shall
any of the said justices, ofﬁce-rs or ministers aforesaid, or any
other, wittingly or willingly miscertify or estreat in or into any
of the said supreme courts, any ﬁne, issue, amercement, for-
feited recognizance or other forfeiture whatsoever, whereby
the process of the said supreme court for the levying thereof
may be made invalid and of none eﬁect. But every such
justice, ofﬁcer and minister, and all and every other person and
persons offending herein, shall for every such offense forfeit
and pay treble the value of such ﬁne, issue, amercement, for-
feited recognizance, sum or sums of money, or other forfeiture
so spared, taken off, discharged, concealed, not certiﬁed or es-
treated, or miscertiﬁed, or estreated as aforesaid; the one
moiety thereof to the governor, for support of the government,
and the other moiety to such person or persons as will sue for
the same, to be recovered as aforesaid.
[Section V.] And be it further enacted, by the authority
aforesaid, That all clerks and prothonotaries of the said courts,
clerks of the peace, town clerks, and others to whom it belongs
to make return of estreats into the said supreme court, shall
deliver in all and every such estreat and estreats, upon their
oaths or afﬁrmations to be administered by one or more of the
judges of the same court, to the effect following: (That is to
say :)
You shall declare, That these estreats now by you delivered
are truly and carefully made up and examined; and that all
ﬁnes, issues, amercements, recognizances and forfeitures which
were set, lost, imposed or forfeited, and in right and due course
of law ought to be estreated in the supreme court of Pennsyl-
vania, are (to the best of your knowledge and understanding)
herein contained; and that in the same estreats are also con-
tained and expressed all such ﬁnes and amercements as have
been paid into the court from which the said estreats are made,
I 71 5] The Statutes at Large 0f Pennsylvanza.
49
without any willful or fraudulent discharge, omission, mis-
nomer or defect whatsoever.
[Section VI] And be it further enacted, That any two of the
judges of the said supreme court for the time being shall view
all the said estreats, and [cause] their clerk to enroll them in
the said court, and shall hear and determine all complaints
brought before them concerning immoderate ﬁnes, issues or
amercements estreated as aforesaid, and give relief to the party
grieved as the law in Great Britain in such cases doth or shall
direct. .
[Section VII] And be it further enacted by the authority
aforesaid, That where any ﬁne or ﬁnes, sum or sums of money,
or other forfeitures due to the governor or government of this
province, after the said twenty-ﬁfth day of June, one thousand
seven hundred and ﬁfteen, shall be paid to any sheriff, clerk,
or other oﬁicer or minister whatsoever, belonging to any court
or courts in this province, and be, according to the intent and
directions of this act, certiﬁed and estreated. in or into the said
supreme court; then, and in such case, process shall issue out
of the said supreme court directed to the sheriff or coroner of
the proper county, against such oﬁcers and other persons to
whom such ﬁnes, sum or sums of money, or other forfeiture is
or shall be so paid, for levying and receiving the same; that so
it may appear when, to whom, and how, such moneys-are re-
ceived, answered and paid.
Section VIII. And be it further enacted, That all and‘ every
the said ﬁnes, sums of money, or other forfeitures (excepting
such as are by law appropriated to the poor, or for repairing
highways and bridges, or any other particular uses in the said
respective counties, or city of Philadelphia) which from hence-
forth shall be levied or received according to‘ the intent and
directions of this act, shall be paid by the sheriff, or other
_ ofﬁcer or minister who levied or received the same, to such
person as the assembly of this province shall from time to time
appoint provincial treasurer; who shall pay the same to the
uses the same are or shall be respectively appropriated: And
the said treasurer shall from time to time, lay an account
thereof before the governor and assembly for the time being;
50
The Statutes at Large of Pennsylvania. [1715
and shall deduct ﬁve per cent for his trouble in paying and re-
ceiving the same.
Provided always, That nothing in this act contained shall
extend to be anyways prejudicial to the charter of the city of
Philadelphia; but that the said city may have and enjoy the
ﬁnes and forfeitures granted them by the said charter, as if
this act had not been made.
[Section IX.] And be it further enacted, That the secretary,
or his deputy who draws licenses for keeping public houses,
and selling wine and other liquors in any town or place of this
province, shall keep a true and just account of all the said
licenses, expressing the time when, the persons’ names to whom
the same were granted, and where they live; and shall certify
the same to the said treasurer for the time being, on the ﬁrst day
of November, in every year, upon pain of forfeiting and paying
the sum of twenty pounds, money of this province, for [every]
default or neglect in that behalf; the one moiety thereof to the
governor for support of government, and the other moiety to
him or them that will sue for the same, to be recovered as
aforesaid.
‘Passed May 28, 1715. Allowed to ‘become a law by lapse of
time in accordance with the proprietary charter, having bee-n
considered \by the Lords Justices in Council July 21, 1719, and
not acted upon. See Appendix IV, Section II; repealed ‘by Act of
Assembly passed March 18, 1780, Chapter 899.

CHAPTER CCVII.
_—-—_
AN ‘ACT FOR THE AS’S'I'GNIN‘G OF BO'N-DS, SlPEC'IAIlTTE-S AND PROMIS-
S'OIRY NOTES.
Whereas it hath been held that bonds and specialties under
hand and seal, and notes in writing, signed by the party [who]
makes the same, whereby such party is obliged or promises
to pay [unto any] other person, or his order or assigns, any sum
of money therein mentioned, are not, by law, assignable or in-
1 715] The Statutes at Large of Pennsylvania.
.51
dorsable over to any person, so as that the person to whom the
said bonds, specialties, note or notes is or are assign-ed or in-
dorsed, may, in their own names by action at law'or otherwise,
recover the same. Therefore, to the intent to encourage trade,
commerce and credit:
[Section 1.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation Lieutenant-Governor, under William Penn,
Esquire, ‘Proprietary and Governor-in-Chief of the Province of
Pennsylvania, by and with the advice and consent of the free-
men of the said Province in General Asesmbly met, and by the
authority of the same, That all bonds, specialties and notes in
writing, made or to be made, and signed by any person or per-
sons, whereby such person or persons is or are obliged, or
doth or shall promise to pay to any other person or persons,
his, her or their order or assigns, any sum or sums of money
mentioned in such bonds, specialties, note or notes, may, by the
person or persons to whom the same is or are made payable, be
assigned, indorsed and made [over] to such person or persons
as shall think ﬁt to accept thereof.
And that the person or persons to whom such bonds, spe-
cialties or notes are or shall be assigned, indorsed or made
over, their factors,‘ agents, executors or assigns may, at his, her
or their pleasure, again assign, indorse and make over the
same; and so totz'es gnotz'es.
And that it shall and may be lawful for the person or persons
to whom the said bonds, specialties or notes are assigned, in-
dorsed or made over as aforesaid, in his, her or their own name
or names, to commence and prosecute his, her or their actions
at law for recovery of the money mentioned in such bonds, spe-
cialties or notes, or so much thereof as shall appear to be due
at the time of such assignment, in like manner as the person
or persons to whom the same was or were made payable, might
or could have done.
And in every such action the plaintiff or plaintiffs shall re-
cover his, her or their damages and costs of suit; and if such
plaintiff or plaintiﬁs shall be non-suited, or a verdict be given
against him, her or them, the defendant or defendants shall
recover his, her or their costs against the plaintiff or plaintiffs.
4—II
52
The Statutes at Large of Pennsylvania. [I 715
And every such plaintiff or plaintiffs, defendant or defend-
ants, respectively recoi'rering, may sue out execution for such
damages and costs, in the like manner as is usual for damages
and costs in other cases. C \ _
[Section 11.] And be it further enacted by the authority
aforesaid, That all and every such actions on such promissory
notes shall be commenced, sued and brought within such time
as is appointed for commencing or suing actions upon the case
by an act of this province, passed in the eleventh and twelfth
years of the late Queen Anne, entitled “An act for limitation
of actions.” 1 _
Provided always, That no person or persons shall have power
by virtue of this act to make, issue or give out any bonds, spe-
cialties or notes by themselves or servants, than such as they
might have made, issued and given out if this act had never
been made. '
And that all assignments made of bonds and specialties shall
be under hand and seal, before two or more credible witnesses.
Provided also, That it shall not be in the power of the as-
signors, after assignment made as aforesaid, to release any of
the debts or sums of money really due by the said bonds, spe-
cialties or notes.

Passed 'May 28, 1715. Allowed to become a law by lapse of time
in accordance with the proprietary char-ter, having been considered
by the Lords Justices in {Council ‘July 21, 1719, and not acted upon.
See Appendix IV, Section II, and the Acts of Assembly passed
January 29, 1777, Chapter 738; April 3, 1781, Chapter 935; February
27, 1797, Chapter 1920; March 21, 1814, P. L. 154; March 29, 1819,
P. L. 226; March 25, 1824, P. L. 59; April 11, 1825, P. L. 225; April
23, 1829, P. ‘L. 355; April 6, 1830, P. L. 277; April 5, 1849, P. L.
424; April 22, 1863, ‘P. L. 567.
1 Passed March 27. 1712-13, ‘Chapter 196.
I71 5] The Statutes at Large of Pennsylvania.
D
CHAPTER CCVIII.
AN AJCT FOR A'CKN'OJWLEDGINIG ANID RECO‘RDIN G OF DEEDS.
[Section I.] Be it enacted by Charles Gookin, Esquire, by
the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Pro-
Vince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in General Assembly met,
and by the authority of the same, That there shall be an
office of record in each county of this province which shall
be called and styled The Ofﬁce for Recording of Deeds, and
shall be kept in some convenient place in the said respec-
tive counties; and the recorder shall duly attend the ser-
vice of the same, and, at his own proper costs and charges,
shall provide parchment or good. large books of royal or other
large paper, well bound and covered, wherein he shall record,
in a fair and legible hand, all deeds and conveyances which
shall be brought to him for that purpose, according to the true
intent and meaning of this act.
[Section 11.] And be it further enacted, That all bargains
and sales, deeds and conveyances of lands, tenements and
hereditaments in this province, may be recorded in the said
ofﬁce; but before the same shall be so recorded, the parties
concerned shall procure the grantor or bargainor named in
every such deed, or else two or more of the witnesses (who
were present at the execution thereof) to come. before one of
the justices of the peace, of the proper county or city where
the lands lie, who is hereby empowered to take such acknowl-
edgment of the grantor, if one, or of one of the grantors, if
more.
But in case the grantor be dead, or cannot appear, then the
witnesses brought [before] such justice shall by him be ex-
amined upon oath or affirmation, to [prove the] execution of the
deed then produced, whereupon the same justice shall, under
his hand and seal, certify such acknowledgment or proof upon
The Statutes at Large of Pennsylvania. [1 7 1 5
the back of the deed, with the day and year when the same
was made, and by whom. And that after the recorder has re-
corded any of the said deeds, he shall certify, on the back
thereof, under his hand and seal of his o'ﬁce, the day he en-
tered it, and the name or number of the book or roll and page
where the same entered.
[Section III.] And be it further enacted, That all deeds and
conveyances made and granted out of this province, and
brought hither and recorded in the county where the lands lie
(the execution whereof being ﬁrst proved by the oath or solemn
afﬁrmation of one or more of the witnesses thereunto, before :
one or more of the justices of the peace of this province, or be-
fore any mayor or chief magistrate or ofﬁcer of the cities, towns
or places where such deeds or conveyances are or shall be made
or executed, and accordingly certiﬁed under the common or
public seal of the cities, towns or places where such deeds or
conveyances are so proved respectively), shall be as valid as if
the same had been made, acknowledged or proved in the proper '
county where the lands lie in this [province].
[Section IV.] And be it further enacted, by the authority
aforesaid, That all deeds and conveyances made or to be made,
and proved or acknowledged and recorded as aforesaid, which
shall appear so to be by endorsement made thereon, according
to the true intent and meaning of this act, shall be of the same
force and eﬁect here, for the giving possession and seizing, and
making good the title and assurance of the said lands, tene.
ments and hereditaments, as deeds of feoffment with livery
and seizin, or deeds enrolled in any of the King’s courts of
record at Westminster, are or shall be in the kingdom of
Great Britain. And the copies or exempliﬁcations of all deeds
so enrolled being examined by the recorder, and certiﬁed under
the seal of the proper ofﬁce (which the recorder, or keeper
thereof, is hereby required to afﬁx thereto) shall be allowed
in all courts where produced, and are hereby declared and en-
acted to be [as good evidence] and as valid and effectual in
law as the original deeds themselves, [or as] bargains and sales
enrolled in the said courts at Westminster, and copies thereof,
can be; and that the same may be showed, pleaded and made
use of accordingly.
1 715] The Statntes at Large of Pennsylvania.
[Section V.] And be it further enacted, That [in] all deeds
to be recorded in pursuance of this act, whereby any estate of
inheritance in fee-simple shall hereafter be limited to the
grantee and his heirs, the words “grant, bargain, sell” shall be
adjudged an express covenant to the grantee, his heirs and as-
signs, to wit: That the grantor was seized of an indefeasible
estate in fee-simple, freed from incumbrances done or suffered
from the grantor (excepting the rents and services due to the
lord of the fee), as also for quiet enjoyment against the grantor,
his heirs and assigns (unless limited by express words con-
tained in such deed). And that the grantee, his heirs, execu-
tors, administrators and assigns may, in any action, assign
breaches, as if such covenants were expressly inferred.
‘Provided always, That this act shall not extend to leases at
rack rent, or to leases not exceeding one-and-twenty years,
where the actual possession goes with the lease.
[Section VI.] And be it further enacted, That if any person
shall forge any entry of the [said] acknowledgments, certiﬁ-
cates or indorsements, whereby the freehold or inheritance of
any man may be charged, he shall be liable to the penalties
against forgers of false deeds, &c. And if any person shall
perjure himself in any of the cases hereinabove mentioned, he
shall incur the like penalties as if the oath or affirmation had
been in any court of record.
[Section VII] ‘And be it further enacted, That no deed of
mortgage, or defeasible deed in the nature of mortgages, here-
after to be made, shall be good or sufﬁcient to convey or pass
any freehold or inheritance, or to grant any estate therein for
life or years, unless such deed. be acknowledged or proved and
recorded within six months after the date thereof, where such
lands lie, as hereinbefore directed for other deeds. -
[Section VIII] And be it further enacted by the authority
aforesaid, That any mortgagee of any real or personal estates
in this province, having received full satisfaction and payment
of all such sum and sums of money as are really due to him by
such mortgage, shall, at the request of the mortgagor, enter
satisfaction upon the margin of the record of such mortgage
recorded in the said office; which shall forever thereafter dis-
The Statutes at Large of Pennsylvania. [1 715
charge, defeat and release the same; and shall likewise bar
all actions brought or to be brought thereupon.
And if such mortgagee, by himself or his attorney, shall not,
within three months after request and tender made for his
reasonable charges, repair to the said ofﬁce and there make
such acknowledgment as aforesaid, he, she or they neglecting
so to do shall for every such offense forfeit and pay unto the
party or parties aggrieved any sum not exceeding the mort-
gage money, to be recovered in any court [of] record within
this province, by bill, plaint or information.
[Section IX.] And be it further enacted by the authority
aforesaid, That Charles Brockden, of Philadelphia, gentleman,
shall be Recorder of Deeds for the city and county of Philadel-
phia, and the several prothonotaries or county clerks of Bucks
and Chester, in this province, shall be recorders of deeds for
the said respective counties, who shall continue in their said
ofﬁce until a majority of the justices of the courts of quarter-
sessions, in the said respective counties, shall see occasion to
remove them and appoint others in their places. But before
any of the said recorders enter upon their respective ofﬁces
they shall ﬁnd sureties as follows, viz.: The said Recorder of
Deeds for the county and city of Philadelphia shall become
bound to the governor of this province for the time being, with
one or more sufficient sureties, in a bond of ﬁve hundred
pounds, conditioned for the [true] and faithful execution of his
ofﬁce, and for delivering up the records and [other] writings
belonging to the said ofﬁce whole, safe and undefaced, to his
successor in the said ofﬁce; and the said county clerks of Bucks
and Chester shall each of them, with one or more sureties,
become bound as aforesaid, in a bond of two hundred pounds,
conditioned as aforesaid; which said respective bonds shall be
ﬁled in the secretary’s oﬁ‘ice, and there safely kept in order to
be made use of for making satisfaction to the parties that shall
be damniﬁed or aggrieved, as is or shall be in such cases di-
rected by the laws of this province.
And no recorder of deeds whatsoever, now or hereafter
appointed as aforesaid, shall enter upon or ofﬁciate in his said
ofﬁce before he hath given such security as aforesaid, upon
I 71 5] The Statutes at Large ef Pennsylvania.
57
pain of forfeiting the sum’of one hundred pounds, the one-half
to the governor, for support of government, and the other half
to him or them that shall sue for the same, to be recovered as
aforesaid.
[Section X.] And be it further enacted, by the authority
aforesaid, That the said recorders, respectively, shall have
and receive for recording and for copying or exemplifying all
deeds, conveyances and writings entered in the said oﬁ‘ice, one
halfpenny for every line containing not less than twelve words;
and for every search one shilling; and for every acknowledging
satisfaction, in the margin of a mortgage, recorded as aforesaid,
one shilling; and shall have and receive for affixing the seal to
every exempliﬁcation, one shilling, and for the seal of ofﬁce and
indorsement of certiﬁcate on each deed acknowledged, and his
hand thereto, one shilling six pence.
And if any of the said recorders shall exact or take any
more or greater fees, he or they so offending shall, for every
offense, forfeit and pay the sum of ﬁve pounds, one~half thereof
to the governor, for support of government, and the other half
to him or them that shall sue for the same, to be recovered as
aforesaid. I
Passed May 28, 1715. Allowed to become a law by lapse of
‘time, in accordance with} the proprietary charter, having
lbeeni considered by the Lords ‘Justices in Council July
21, 1719, and not acted upon. See ‘Appendix Sec—
tion II, and the ‘Acts of Assembly passed ' February 18,
4 1769, Chapter 588; February 24, ‘1770, Chapter 605; March 18,
1775, Chapter 706; March 14, 1777, Chapter 748; August 31, 1778,
Chapter 80-4; September 23, 1783, Chapter 1040; April 8, 1785,
lChapter 1163; March 27, 1790, Chapter 1495; April 13, 1791, Chapter
1575; September 30, 1791, Chapter 1601; January 16, 1799, Chapter
20114,; April 11, 1799, Chapter 2091; February 7, 1803, P. L. 305;
April 2, 1804, P. L. 468; April 3, 1804, -‘P. L. 488; January 20,
1806, P. ‘L. 304; ‘March 18, 1814, P. L. 132; January 25, 1816, P. L.
9; March .18, 1816, P. L. 160; January 9, 1817, P. L. 16; March 24,
1818, *P. L. 285; March 23, (.1819, P. ‘L. 144; March 28, 1820, ‘P. L. 1-41; _
January 18, 1821, P. L. 9; March 31, 1823, ‘P ‘L. 2116; April 1, 1823,
P. ‘L. 277; April 3, 1826, ‘P. ?L. 187; January 16, 11827, P. ‘L. 9;
March 29, 1827, 1P. L. 154; April 14, 1828, P. L. 447; April 15, 1828,
‘P. L. 490; April 8, '1829, IP. L. 146; April 23, 1829, P. L. 341; April
6, 1830, P. L. 272; April 8, 1833, P. L. 305; April 15,~1834,'P. 'L. 537;
February 19, 1835, 1P. L. ‘39; ‘March 2-8, 1835, ‘P. L. 88; March '13, 1839,
P IL. 92; March 23, 1839, ‘P. 'L. 130; (resolution of) June 17, 1839,
:P. L. 676; April 3, 1840, P. 1L. 233; April 13, 1840, P. L. 303; (the
two acts of) April 16, 1840, P. IL. 357, 410; ‘March 26, 1841, P. L. 106;
The Statutes at Large of Pennsylvania. [1 71 5
May 5, 1841, P. L. 350; April 6, 1843, P. L. 175; March 14, 1846,
P. L. 124; March 9, 1847, P. L. 279; (the two acts of) April 11,
1848, ‘P. L. 525, 536; January 24, 1849, P. L. 676; April 5, 1849,
P. L. 344; April 9, 1849, P. \L. 524; April 10, 1849, P. ‘L. 619; March
13, 1850, P. L. 178; April 2, 1850, ‘P. L. 312; April 22, 1850, P. L.
556; April 25, 1850, P. L. 569; April 26, 1850, P. L. 577; March 15,
1851, P. L. 163; April 3, 1851, P. IL. 868; April 10, 1851, P. L. 505;
April 15, 18511, P. L. 661; March 1, 1852, P. L. 100; March 18, 1852,
P. L. 645; April 5, 1853, P. L. 295; April 26, 1854, P. L. 501: May 5,
1854, P. L. 572; May 6, 1854, P. L. 603; December 14, 1854, P. L.
(1855) 724; April 27, 1855, P. L. 368; April 9, 1856, P. L. 294; (the two
acts of) April 11, 1856, P. L. 304, 315; April 21, 1856, P. L. 484;
April 2, 1859, P. L. 352; April 6, 1859, P. L. 383; March 20, 1860,
P. L. 204; March 31, 1860, P. L. 382; April 3, 1860, P. L. 630; March
22, 1861, 1P. L. 185; March 27, 1862, P. L. 192; April 1, 1863, P. L.
188; (the three acts of) April 22, 1863, P. ‘L. 533, 548, 572; August
10, 1864, P. L. 962; March 22, 1865, P. L. 30; March 27, 1865, P. L.
44; April 12, 1866, P. L. 864; (the two acts of) April 17, 1866, P. L.
108, 1004; May 17, 1866, P. L. 1085; March 23, 1867, P. L. 43; April
10, 1867, P. L. 67; April 2, 1868, P. -L. 3; April 28, 1868, P. L. 1151;
April 17, 1869, P. L. 68; January 26, 1870, P. L. 13; February 23,
1870, P. ‘L. 32; June 15, 1871, P. L. 387; April 13, 1872, P. L. 1140;
March 7, 1873, P. L. 222; May 25, 1874, P. L. 222; May 26, 1874,
P. L. 229; March 18, 1875, P. L. 32; April 6, 1876, P. L. 18; April 28,
1876, P. L. 52; (the two acts of) May 13, 1876, P. L. 158, 160; May 18,
1876, P. L. 181; March 23, 1877, P. -L. 29; April 17, 1878, P. L. 22;
(the four ‘acts of) 'May 25, 1878, P. L. 149, 151, 152, 155; June 12,
1878, P. L. 187; March 6, 1879, P. L. 4; June 11, 1879, P. L. 141;
May 26, 1881, P. ‘L. 35; (the two acts of) June 8, 1881, P. EL. 69, 84;
June 10, 1881, P. L. 97; (the two acts of) June 20, 1883, P. L. 136, 138;
May 28, 1885, P. L. 24; June 3, 1885, P. L. 55; June 24, 1885, P. L.
160; April 28, 1887, ‘P. L. 73; May 25, 1887, P. L. 270; May 9, 1889,
IP. L. 166; May 13, 1889, P. L. 197; May 23, 1889, P. L. 277; May 12,
1891, P. L. 53; May 20, 1891, P. L. 102; June 1, 1891, P. L. 159;
May 19, 1893, IP. L. 1018; May 25, 1893, ‘P. L. 136; May 31, 1893, P. L.
1888; June 6, 1893, P. L. 329; May 22, 1895, P. L. 1113; May 28, 1895,
P. L. 124.

CHAPTER CCIX.
AN ACT FOR THE rEA‘S‘E OF SUCH AS CONSCIEN'TIOU'SLY SICR'UYPLE
TO TAKE ‘THE S‘OLEMJN AFFl'RlMAiTlllO‘N FORME‘RIJY A‘LLOlWElD IN
GREAT BRITAIN.
Forasmuch as divers of the inhabitants of this province, who
may be serviceable in the government, do conscientiously scru-
I715] The Statutes at Large of Pennsylvania.
59
ple to take the solemn affirmation formerly allowed as afore-
said, therefore we desire it may be enacted:
[Section 1.] And be it enacted by Charles Gookin, Esquire,
by the royal approbation Lieutenant~Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in General Assembly met,
and by the authority of the same, That from henceforth all
persons in this province who conscientiously s'cruple to take
the said afﬁrmation who shall be required upon any lawful
occasion to take the [same in] any case, or upon any occasion
whatsoever, and shall declare their [assent to] the eﬁect or pur-
port thereof, according to the form and manner herein[after]
prescribed, shall be allowed so to do, upon the question put,
- in these ‘or the like words, viz.:
“Dost thou solemnly declare?” adding the proper words
which the afﬁrmant is to answer or assent unto, according as
the case may require, whether it be for giving evidence or for
qualifying the aﬁ‘irmants to serve on assemblies, or as magis- ‘
trates, ofﬁcers, inquests or jurymen, or upon any other account
whatsoever, where an oath is or shall be required; which said
assent shall be expressed by the aiﬁrmant’s answering “Yea” or
“Yes.” And that the affirmation hereby prescribed shall be ad-
judged and taken, and is hereby declared and enacted to be
of the same force and as available in law as an oath, in all
courts of justice and other places within this government.
[Section 11.] And be it further enacted by the authority
aforesaid, [That if] any person or persons taking the said
'afﬁrmation hereby prescribed, shall be lawfully convicted of
willfully, falsely and corruptly affirming or declaring any mat-
ter, cause or thing, which if the same had been upon oath,
would have amounted, by the laws and statutes of Great Brit-
ain, to willful, and corrupt perjury, every such person so oﬁend-
ing, shall incur the same penalties and forfeitures as by the
said laws and statutes, are enacted against persons legally
p, convicted of willful and corrupt perjury, and shall forever
' thereafter be incapable of bearing any office or giving evi-
The Statutes at Large of Pennsylvania. [1 715
dence in any court or before any judicial authority in this
province.
Passed May 28, 1715. Repealed by the Lords Justices in Council
July 21, 1719. See Appendix IV, Section II.

CHAPTER cox.
AN ACT FOR ‘CONTINUING A FRIENDLY CORRESPONDENCE WITH THE
INDIANS.
Whereas the maintaining and cultivating of a friendly cor-
respondence and preserving a good understanding with the
native Indians, the ﬁrst possessors of these lands, hath been
found by continued. experience to be great means of securing
this province in peace and tranquillity (when many of the adja-
cent provinces have fallen under the calamities of war and
cruelty from their neighboring Indians). In order whereunto,
and for preventing abuses and indirect dealing with them:
[Section I.] Be it enacted by Charles Gookin, Esquire, by
the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in General Assembly met,
and by the authority of the same, That all charges of necessary
treaties with the Indians not exceeding ﬁfty pounds per annum,
shall, as heretofore, be defrayed by order of the governor and
council to the provincial treasurer, for the time being, who shall
from time to time pay the same out of the ﬁrst money that shall
come to his hands, and keep an account thereof to be laid be-
fore the assembly when called for, due credit being given, from
time to time, for all presents received from the Indians.
[Section 11.] And be it further enacted, That if any person
or persons whatsoever shall rob, kill, wound, beat or abuse any
Indian at peace with this government, or who shall come on
I 715] 77% Staz‘ales at Large of Pennsylvania.
61
trade or business into this province, such person or persons so
oﬁending shall be subject and liable to the same penalties or
punishments as if the said offense had been committed against
any natural-born subject of Great Britain. And where any
Indian shall so offend against any of the inhabitants of this
province, he shall be immediately apprehended, and the party
grieved shall exhibit his complaint to the governor, who by
the advice of his council [shall] use proper methods to bring
such offender to condign punishment.
And [if] any person or persons whatsoever shall be legally
convicted (on the evidence of Christians or credible Indians, to
the court and jury) of spreading false news tending to alienate
the affections of the Indians from this government, or to create
fears and jealousies among them, such person or persons so
offending, and being thereof convict, as aforesaid, shall be
ﬁned in any sum not exceeding t-wenty pounds money of this
province, one-half to the governor towards the support of gov-
ernment, and the other half to him or them that will sue for
the same in any court of record of this province; and shall
suﬁer imprisonment at the court’s discretion, not exceeding
six months, and when discharged, give security for his or their
good behavior, if required.
[Section 111.] And be it further enacted, That no person or
persons ‘whatsoever shall, after the twenty-ﬁfth day of June,
one thousand seven hundred and ﬁfteen, go forth abroad ‘into
the woods to trade with the Indians [for] any commodity
whatsoever, without being ﬁrst recommended to the governor
for (his license) by the justices of some or one of the county
courts of quarter-sessions of this province. And that none
shall be so licensed without having ﬁrst given security in the
secretary’s ofﬁce, by one or more substantial freeholders of the
same county, to be bound with them to the proprietary, his
heirs and assigns, by bond, in any sum not exceeding ﬁfty
pounds, conditioned that they will honestly and truly trade
with the ‘Indians and dispose of their skins, furs or other com-
modities within this province, and observe the laws thereof
in that case made and provided. And that no license shall be
granted without such recommendation as aforesaid, nor de-
62
7726 Staz‘uz‘cs at Large 0f Pﬁﬂﬂéj/Zilaﬂia. [I 715
nied having the same. And the governor‘shall receive for
every such license forty shillings, and no more, and the other
charges thereof the same as in the case of public houses, which
licenses shall be renewed yearly, upon the same recommenda-
tion, unless the court, who granted it, see cause to retract it,
and notify the same to the governor.
And if any person or persons within this province shall di-
rectly or indirectly trade or deal with the Indians for any
quantity of goods or commodities whatsoever, without such
recommendation and license so had and obtained as aforesaid,
and be legally thereof convicted, as aforesaid, such person or
persons so offending shall forfeit the goods so traded with or
the value thereof, to be recovered by bill, plaint or informa-
tion, in any court of record in this province, wherein no essoin,
protection or wager of law, nor any more than one imparlance
shall be allowed.
Provided always, That nothing in this act contained shall
extend or be construed to hinder any freeholder [inhabiting]
in this province, from going abroad into the woods, from their
own plantations or places of abode, to buy corn, venison, skins,
furs or any other commodities for their own use, and the neces-
sary clothing of their families and not for merchandise or
from trading with the Indians at their own houses, plantations,
market towns or places settled by the inhabitants of this prov-
ince for any quantity of goods or commodities, or for any
use whatsoever.
Provided also, That no part of the money allowed by this act,
for defraying the charge of Indian treaties as aforesaid, shall
be applied towards paying the Indians for their rights or
claims to any lands in this province; but that the same shall
be defrayed by the proprietary, his heirs and assigns, or by his
or their commissioners, trustees or agents for the time being.
[Section IV.] And be it further enacted, That no person
whatsoever shall presume to trade with the Indians, but in
their respective towns or places of abode where they reside
(except as aforesaid) upon the forfeiture of all such goods or
commodities, one-half to the [proprietary] and governor, for
I 71 5] The Statutes at Large of Pennsylvania.
support of government, and the other [to him or them] that
shall sue for the same, to be recovered as aforesaid.
And that this act continue in force three years and no longer.
Passed May 28, 1715. ‘Expired before being considered by the
Crown. See Appendix I‘V, Section 11.

CHAPTER CCXI.

AN ACT FOR BETTER DETERMINING OF DEBl'I‘S AND DEMANDS UNDER
FORTY @SHILLIN'GS, AND FOR LAYING ASIDE THE TWO—WEEKS’
COURT IN THE ‘CIT-FY’ OF 'P'H'ILA'DEIJPHIA. '
Whereas the several laws of this province for determining
small debts, without formality of trial, were designed for the
ease and conveniency of the subject; but complaint is made
[by] many of the inhabitants of the city and county of Philadel-
phia that the manner of putting the same in execution by
some of the said city magistrates and oﬁcers, proves very
chargeable and inconvenient; for remedy whereof:
[Section 1.] Be it enacted by Charles Gookin, Esquire, by
the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province, in General Assembly met,
and by the authority of the same, That upon complaint made
to any justice of the peace in this province against any per-
son or persons, for any debt or demand under forty shil-
lings, it shall and may be lawful for such justice, and he is
hereby empowered and required, to issue forth his war-
rant, in the nature of a summons, capias or attachment,
as the case may require, directed to the constable of the town-
ship or district where the defendant dwells or can be found,
commanding him to bring or cause such defendant to come
with the plaintiff, before him or the next justice forthwith.
And when such justice hath heard the proofs and allegations
of both parties (or some of them as will be present) he shall
64
T/ze Sz‘az‘nz‘es az‘ Large of Pennsylvania. [I715
forthwith give judgment in the matter, which shall be ﬁnal
and conclusive to both complainant and defendant, without fur-
ther appeal. But the justice that gives such judgment, shall
keep fair entries of the [names] of the complainants and de-
fendants, and the debt or sum contained in such judgment, with
the day and year when the same was given. And execution
(if required) shall be awarded by the justice against the body
and goods or effects of the defendant or person refusing to com-
ply with such judgment, directed to the constable; but if the
defendant produceth eﬁects sufficient to satisfy the sum con-
tained in such execution, his body shall not be held any longer.
But for want of such effects, the constable is hereby required
to take such defendant into the gaol of the proper county;
and the sheriff or keeper of such gaol is hereby required to re-
ceive the person so taken in execution, and him safely keep,
till the sum recovered with costs be paid, or satisfaction made
by goods or otherwise; which goods shall, within three days
after, be sold by public vendue, and the overplus (if any), after
reasonable charges deducted, returned to the owner.
[Section 11.] And be it further enacted by the authority
aforesaid, That no court in this province shall have cognizance
of any of the said debts or demands under forty shillings, nor
shall the same be determined by any justice or [magis]trate
any other way than this act directs; any law: ordinance [or]
usage to the contrary in anywise notwithstanding.
[Section 111.] And be it further enacted by the authority '
aforesaid, That all and every the ordinances and by-laws of
the said city, made or pretended to be made, for better execut-
ing the said laws for determining of small debts, and for erect-
ing a court or courts for that purpose, shall be and are hereby
declared to be null and void. And that all and every the said
courts so erected, usually held by the mayor or recorder, withl
one or more of the aldermen of the said city, commonly called
the forty-shillings or two-weeks’ courts, or by what name soever
the same may be called; and all jurisdiction and authority be-
longing to or exercised in the said courts, or by any of the mag-
istrates or ministers thereof, in hear[ing and] determining debts
or demands therein of forty shillings and under, [be] clearly
I 71 5] The Siaz‘az‘es at Large of Pennsylvania.
65
and absolutely dissolved, taken away and abolished. And
that all the laws or acts of assembly of this province hereto-
fore made for determining debts of forty shillings or under
(saving a law entitled “An act about attachments under forty
shillings,” 1 passed in the twelfth year of the late King William
the Third), and every matter, clause and thing therein con-
tained, shall be, and are hereby declared to be repealed, an-
nulled, and forever made void, anything in the said acts to the
contrary in anywise notwithstanding.
Provided always, That nothing herein contained shall ex-
tend, to enable any of the said justices of the peace within
the respective counties of this province, nor any of the magis-
trates of the city of ‘Philadelphia, within the same city, to hear
any debt for rents or contracts for real estates.
Passed May 28, 1715. Allowed 'to become a law by lapse of time
in accordance with 'the proprietary charter, having been considered
by the Lords Justices in ‘Council July 21, 1719. See Appendix IV,
Section II, and ‘the Acts of Assembly passed February 14, 1729-30,
’Chapter 315; August 22, 1752, Chapter 399; March 11, 1789, ‘Chapter
1394; March 27, 1789, ‘Chapter 1411. Repealed by Act of March 20,
1810, P. L. 208.

CHAPTER CCXII.
AN ACT FOR ERElCTINiG A S‘UPREME OR PROVINCIAL ‘COURT OF LAW
AND ElQUTTTY IN THIS PROVINCE.
[Section 1.] Be it enacted by Charles Gookin, Esquire, by
the ‘royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in General Assembly met,
and by the authority of the same, That there shall be holden
and kept a court of record twice in “every year in the city
of Philadelphia within the said province, viz., on the tenth

1 Passed November 27, 1700, Chapter 108.
66
The Sz‘atnz‘es a2? Large of Pennsylvania. [171 5
day of April and twenty-fourth day of September, and if any
of the said days happen to be on the First day of the
week, then on the next day following, which said court shall be
styled and called The Supreme Court of Pennsylvania. And
there shall be four persons of known integrity and ability com-
missionated by the governor or his lieutenant for the time
being, by several distinct patents or commissions, under the
great seal of this province, to be judges of the said court, one
of whom shall be distinguished in his commission by the name
of Chief Justice; and every of the said justices shall [have] full
power and authority by virtue of this act, when and as often
as‘ there may be occasion, to issue forth writs of habeas corpus,
cert/imam, writs of error, prohibitions, injunctions for staying,
proceedings at law, or stopping of wasteffaudz'ta guerela, man-
damuses, and all remedial and other writs and process return-
able to the said court, and grantable by the said judges, by
virtue of their ofﬁce, in pursuance of the powers and authori-
ties hereby given them. And that the said judges, or any two
of them, shall have power to hold the said court, and therein to
hear and determine all causes, matters and things cognizable
in the said court, both in law and equity; and also to hear
and determine all and all manner of pleas, plaints and causes
which shall be removed or brought there from the respective
general quarter-sessions of thepeace and courts of common
pleas, to be held for the respective counties of Philadelphia,
[Chester and] Bucks, as also for the city of Philadelphia, or
from any other court in this province, by virtue of any of the
said writs. And to examine and correct all and all manner of
errors of the justices and magistrates of this province in their
judgments, process and proceedings in the said courts, as well
as in all pleas of the Crown, as in all pleas real, personal and
mixed, and thereupon to reverse or affirm the said judgments,
as the law doth or shall direct. And also to examine, correct
and punish the contempts, omissions and neglects, favors, cor-
ruptions and defaults of all or any of the justices of the pleas,
sheriffs, coroners, clerks and other officers within the said re-
spective counties.
And also shall award process for levying as well of such
ﬁnes, forfeitures and amercements as shall be estreated into the
I715] The Statutes at Large of Pennsylvania.
67
- said supreme court, as of the ﬁnes, forfeitures and amerce-
ments which shall be lost, taxed and set there, and not paid to
the uses they are or shall be appropriated. And generally shall
minister justice to all persons and exercise the jurisdictions
and powers hereby granted concerning all and singular the
premises, according to law, as fully and amply to all intents
and purposes whatsoever, as the justices of the courts of King’s
Bench, common pleas and exchequer at Westminster, or any of
them, may or can do.
And that there shall be a ﬁt person nominated by the judges
of the said supreme court, and commissionated by the gov-
ernor, ‘to be prothonotary or clerk of the said supreme court,
who shall keep and duly attend his office at some convenient
place in the city of Philadelphia, and may be suspended, pun-
ished or amoved by the said court for misdemeanors in his said
ofﬁce.
[Section 11.] And be-it further enacted, That all the said
writs shall be granted of course, and made in the name and
style of the King, his heirs and successors, and shall bear teste
in the name of the chief justice, for the time being; but if he be
plaintiff or defendant, in the name of one of the other justices,
and shall be sealed with the judicial seal of the said court, and
made returnable to the next court after the date of such writs.
‘Provided always, That none of the judges of the said su-
preme or provincial court shall sit judicially in any of the said
courts of common pleas, quarter-sessions or any other inferior
court in this province.
[Section 111.] And be it further enacted by the authority
aforesaid, That the said judges of the supreme court are hereby
also authorized and enabled to hold plea in equity, by bill, ap-
peal, petition or suit, to be brought or exhibited in the said
court by, for or against any person or persons whatsoever,
for any discovery, or other matters relievable in equity; and
thereupon to issue out process of subpoena or dz'stringas, and
all other usual process for compelling the parties defendants
in such suits to appear, put in their answers and make their
defenses to suchbills, appeals, petitions [or] suits; and for the
parties to proceed therein and thereupon according to such
5—11
68
77a" Sz‘az‘nz‘es at Large 0f Pennsylvanza. [I 7I5
rules or orders, and in such manner and form as the courts of
chancery and exchequer in Great Britain have used to pro-
ceed by.
And upon issues joined in any of the said causes or suits in
equity, the said court is to cause witnesses to be examined if
' desired, on either side, by commissions to be awarded for that
purpose, or by sworn or attested examiners; and after the pub-
lication of the depositions of the witnesses, to proceed to the
hearing of the said causes, and upon proofs and evidences
therein or thereupon, ‘or upon bill and answer, where no wit-
nesses shall be examined, or proofs made, to make such orders
and decrees either for the r[elief of] the plaintiffs or for the di-
recting any issue or issues at law to be [tried] for the informa-
tion of the court, or for the dismissing of the said plaintiff’s
bills or otherwise, as the said court shall see just and reason-
able, and as is or hath been used in the said courts of chancery
or exchequer in Great Britain.
And the said court shall award such process for the enforcing
the parties, in the said suits, to yield obedience to such orders
or decrees as shall be made in the said causes, and in case of
non-performance thereof, or disobedience thereto, the said
court shall award all such process of contempt against the per-
sons and estates of him or them that shall be in contempt or
refuse obedience to any of the said orders or decrees, and make
and execute like process, orders and proceedings thereupon,
as are and hath been used in like cases in or by the said courts
of chancery or exchequer in Great Britain; and that the pro-
thonotary of the supreme court shall be register of the said
court of equity.
[Section IV.] And be it further enacted by the authority
aforesaid, That all and singular the indictments and present-
ments which now are, or hereafter shall be made or taken, for
or concerning any treasons, murders and such other crimes as
are, or shall (by the laws of this province) be made capital or
felonies of death, which have been or shall be done or com-
mitted, perpetrated or happen within this province, shall be
heard, tried and determined by and before the said provincial
judges or any two of them, in the respective counties of this
1715] T ne Statutes at Large of Pennsylvania.
province where any of the said oﬁenses shall happen to be com-
mitted.
Which said provincial judges shall have power and are here-
by authorized and empowered from time to time to deliver
the gaols of all persons which now are or hereafter shall be
committed for treasons, murders and such other crimes as (by
the laws of this province) 'now are or hereafter shall be made
capital or felonies of death as aforesaid; and for that end from
time to time to issue forth such necessary precepts and process
and force obedience thereto, as justices of assize, justices of
oyer and terminer, and of gaol delivery may or can do in the
realm of Great Britain.
Provided always, That the fees due to the judges and ofﬁcers
of the said court for hearing and determining any of the said
capital offenses for anything done there shall be double the
fees usually taken in the general quarter-sessions held in any
the counties in this province, anything herein or in any other
law to the contrary notwithstanding.
'Passed May 28, 1715. Repealed by the Lords Justices in Council
July 21, 1719. lSee Appendix IV, Section II.

CHAPTER CCXIII.

A'N A‘C'T EO'R ESTALBLISHIINTG 'IIHE 'SEIVERAL \COU'RJTS OF COMMON
PLEAS IN THIS PROV INlC'E.
[Section 1.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation Lieutenant-Governor, under William Penn,
Esquire, Proprietary and Governor-in-Chief of the Province of
Pennsylvania, by and with the advice and consent of the free
men of the said Province in General Assembly met, and by the
authority of the same, That a competent number of persons
shall be commissionated by the governor or his lieutenant,
under the broad seal of this province, who shall hold and keep
a court of record in every county, which shall be called and
styled The County Court of Common Pleas, and shall be holden
70
The Sz‘az‘nz‘es a! Large 0f Pennsylvanza. [I 715
four times in every year, at the places where the general quar-
ter-sessions shall be respectively kept, 'viz., at Philadelphia, for
the county and city of Philadelphia, on the day called the ﬁrst
Wednesday next after the day appointed for the quarter-ses-
sions to begin on [there, in] the months called March, June,
September and December; at Bristol, for the county of Bucks,
on the ninth day following inclusive in every of the ‘said
months; and at Chester, for the county of Chester, on the day
called the last Tuesday, in the months called May, August, No-
vember and February. Which said justices or any three of
them (according to the tenor and directions of their commise
sions) shall hold pleas of assizes, scire facias, replevins, and
hear and determine all and all manner of pleas, actions, suits
and causes, civil, personal, real and mixed, as near as con-
veniently may be to the rules of the common law, and to the
course and practice of the King’s court of common pleas at
Westminster, and according to the laws and constitutions of
this province. ' ‘
[Section 11.] And be it further enacted by the authority
aforesaid, That every of the said justices shall and are hereby
empowered to grant, under the seal of the respective counties,
replevins, writs of partition, writs of view and all other writs
and process upon the said pleas and actions cognizable in the
said respective courts, as occasion may require, excepting the
original process, which are to be granted under the seal of the
respective justices. _
[Section 111.] And be it further enacted, That the said jus-
tices of the said respective courts shall and are hereby em-
powered to issue forth subpoenas under their respective hands
and seal of the counties, into any county or place of this prov-
ince for summoning or bringing any person or persons to give
evidence in or upon the trial of any matter or cause whatsoever
depending before them, or any of them, under such pains and
penalties as by the rules of the common law and course and
practice of the King’s courts at Westminster are usually ap-
pointed.
[Section IV.] And be it further enacted, That upon any
judgment obtained in any of the said courts of this province,
and execution returned by the sheriff or coroner of the proper
1 715] The Statutes at Large of Pennsylvania.
7I
county where such judgment was obtained that the party is not
to be found; or hath no lands or tenements, goods or chattels
in that county; and thereupon it is testiﬁed that the party
skulks, or lies hid, or hath lands, tenements, goods or chattels
in another county of this province, it shall and may be lawful
to and for the court that issued out such execution to grant,
and they are hereby required to grant, an alias execution with
a testatum, directed to the sheriff or coroner of the county or
place where such person lies hid, or where his lands or effects
are, commanding him to execute the same, according to the
tenor of such writ or writs, and make return thereof to the
court of common pleas, where such recovery is had or judgment
given. '
And if the sheriff or coroner (to whom any such writ or writs
shall be directed) shall refuse or neglect to execute and return
the same accordingly, he shall be amerced in the court where
he ought to return it, and be liable to the action of the [party]
grieved and the said amercements shall be truly and duly [set]
according to the quality of the offense, and estreated by the
prothonotary of the respective courts of common pleas of this
province, into the next succeeding supreme or provincial court
in course, that thence process may issue out against the offend-
ers for levying such ﬁnes and amercements as shall be unpaid
to the uses for which they are or shall be appropriated.
[Section V.] And be it further enacted by the authority
aforesaid, That if any defendant or defendants in any suit or
action, by reason of his or their sudden departure out of this
province, shall require a more speedy determination in such
action or suit, than can be obtained by the common or ordinary
rules of proceeding in any of the said courts of common pleas
.in this province, the said justices in the said respective courts,
upon application to them made, shall grant to such defendant
or defendants special courts, and shall [proceed] to hear and de-
termine the premises, according to the course and practice [of]
the said courts of common pleas.
Provided always, That before the said justices shall grant
such special court or proceed to hear and determine the prem-
ises, such defendant shall give bail to the plaintiff’s action, by
72
The Slalales at Large of Pennsylvania. [1 7I 5
recognizance according to the course and practice of the said
court of common pleas.
Provided also, That the fees due to the justices and officers
of each special court for anything done there, shall be double
the fees usually by them taken for the same in the said court
of common pleas, anything herein or [in] any other law con-
tained to the contrary notwithstanding.
And to prevent the excessive charges that have of late arisen
upon executing writs of inquiry of damages:
[Section VI.] It-is hereby enacted, That the justices who
give any interlocutory judgment shall (at the motion of the
plaintiff or his attorney in the action where such judgment
is given) make an order, in the nature of a writ of inquiry, to
charge the jury attending the same or the next court after such
judgment is given, to inquiry of the damages and costs sus-
tained by the plaintiff in such action, which inquiry shall be
made and evidence given in open court; and after the inquest
consider thereof, they shall forthwith return their inquisition
under their seals; whereupon the court may proceed to give
judgment'as upon inquisitions of that kind returned by the
sheriff. .
[Section VII] And be it further enacted by the authority
aforesaid, That there may be a competent number of persons
of honest disposition and learned in the law, admitted by the
justices of the said respective courts to practice as attorneys
there, who shall behave themselves justly and faithfully in
their practice, and if they misbehave themselves therein, they
shall suffer such penalties and suspensions as attorneys at law
in Great Britain, are liable [sic] in such cases; by which said
attorneys actions may be entered, and writs, process, declara~
tions and other pleadings and records, in all such actions and
suits as they shall respectively be concerned to prosecute or
defend, from time to time, may be drawn, and with their names
and proper hands signed; which said attorneys so admitted
may practice in all the courts of this province without any fur-
ther or other license or admittance.
And that the attorney for the plaintiff in every action shall
ﬁle his warrant of attorney, in the prothonotary’s ofﬁce, the
I 715] The Statutes at Large of Pennsylvania.
same court he declares, and the attorney for the defendant shall
ﬁle his warrant of attorney, the same court he appears; and if
they neglect so to do they shall have no fee allowed them in the
bill of costs, nor be suffered to speak in the cause till they ﬁle
their warrants respectively.
‘Passed May 28, 1715. Repealed by the Lords Justices in Council
July 21, 1719. See Appendix IV, Section II.

CHAPTER CCXIV.

AN AlC'T ‘FOR ‘THE BETTER AS'OERTA'ININIG THE PRAIOTIF'CE OF T'HE
COURTS OlF JIUDUJCAiTFUIRE IN THIS PROVINCE.
Whereas the law (which ought to be the rule and standard of
all judicial proceedings) is in itself just and grounded upon that
most excellent principle of doing to others what we would have
done to us. Nevertheless complaints are made that the prac-
tice of the law in this province falls under some irregularities.
For rectifying whereof, and to prevent the like inconveniency
for the future, and to the end that the said courts of judicature
may be governed by the same rules and course of proceedings
throughout this province;
[Section I.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation Lieutenant-Governor, under William Penn,
Esquire, Proprietary and [Governor-in-Chief] of the Province of
Pennsylvania, by and with the advice and consent of the free-
. men [of] the said Province in General Assembly met, and by the
authority of the same, That the ﬁrst commencement of all suits
or actions in the courts of common pleas, within this province,
shall be by the plaintiffs or their attorneys taking out or ob-
taining writs of summons, capias or attachment (as the case
may require), under the hand and seal of one of the justices of
the said courts, directed to the sheriﬁ or coroner of the proper
county, returnable to the next court, after the date or teste
thereof; which writs shall contain and express the names of
the plaintiﬁs and defendants, with the places of abode and
74
77% Sz‘az‘nz‘es at large of Pennsylvania. [1 7 I5
additions of every defendant, as also the nature or cause of
the action and the sums of the debts or damages sued for; and
the day and place of their return, according to- a note or prae-
cipe drawn by the plaintiffs or their attorneys, or by the clerks
of the said respective courts for that purpose, which they shall
present to the justice before he grants such writs, which said
praecipes shall be ﬁled in the prothonotary’s ofﬁce by the
plaintiffs or their attorneys, or by the said clerks, at or before
the return of the writs, or else such writs shall abate. .
And that all the said writs shall be made returnable the
ﬁrst day of the quarterly courts of common pleas and not other-
wise, and returned the same day by the sheriff or coroner ac-
cordingly.
And when the defendant is arrested and bail bond taken for
his appearance (according to the statute of the twenty-third of
Henry the Sixth, chapter the tenth), every such defendant, upon
his appearance, at the day that the writ is returnable, shall
forthwith put in bail, special or common, as the court shall ‘
order, and as the law in such cases doth or shall direct. And
till such bail be given, the defendant shall be committed to
the sheriff’s custody there to be safely kept accordingly. Which
said special bail shall be by bail-piece or recognizance for the
sum expressed in the writ to render the body of the defendant,
if he be condemned, or else to pay the debt and damages he
is condemned in. But before such bail be taken, the defend-
ant or his attorney shall give to the plaintiff or his attorney one
day’s notice in writing of the names and additions of the bail,
and the time when the same is. intended to be put in; and if the
plaintiff or his attorney, after such notice, will not attend to
take exceptions to the bail, at the time and place appointed,
the bail may be taken dc bene case.
But if the plaintiff or his attorney shall afterwards appear
and except against the bail, then the bail-piece shall be brought
into court, and the justices, upon examination of the matter,
and what the bail upon oath or afﬁrmation will declare them-
selves to be worth, may allow or disallow [of them], till which
allowance the defendant shall be committed to gaol, there to
remain in safe custody until he puts in bail to the action, in
manner aforesaid.
I 715] The Statutes at Large of Pennsylvania.
75
Provided always, That it shall and may be lawful for any sure-
ties on bail bonds‘, at or before the day whereon the defendant
for whom they are bound ought to appear, to bring or deliver
such defendant to the sheriff or officer, that took such bonds;
who is hereby empowered and required to receive such defend-
ant and put him in gaol, there to be safely kept till he gives bail
to the action, in manner aforesaid. And upon the sureties
bringing in or delivering the defendant to the sheriff or ofﬁcer,
as aforesaid, or upon the defendant rendering himself to the
sheriff or officer, the bail bonds in all such cases shall be there-
, by discharged. And if the sheriff or keeper of such gaol shall,
in any of the’ said cases, refuse to [receive the] defendant, and
him safely keep, as aforesaid, he shall pay to the party grieved
double damages, to be recovered in any court of record in this
province.
Provided also, That where any free-holder or sufﬁcient house-
keeper in this province shall be taken by any of the said writs
of arrest, his bail bond shall be discharged upon his appear-
ance in person,‘ or by his attorney, and ﬁling common bail, un-
less it shall appear to the court that there is cause why special
bail should be given. -
Provided also, That where anyone is sued as executor or
administrator, he shall not be held to bail upon any of the
said writs, but shall be admitted to common bail upon appear-
ance, and his bail bond shall be discharged, unless where he is
charged by the declaration with wasting the decedent’s goods,
or where the action is brought for something done by him since
he became executor or administrator, or where letters of admin-
istration have been granted out of'this province, and ‘no secur-
ity given in the register-general’s ofﬁce, as is usually done upon
granting administrations in this province.
[Section 11.] And be it further enacted, That if the defend-
ant doth not appear, according to the writ, and ﬁnd bail as
aforesaid, then the plaintiﬁ or his attorney may call to the
sheriff or other officer for a return endorsed on the said writ,
which such sheriff or ofﬁcer is hereby required to make on the
day that such writ is returnable. And if he refuses or delays
so to do, or if upon his return of a cepi corpus he has not the
5*--——-11
T/ze Statutes at Large of Pennsylvania. [.17I5
body ready, nor taken bail, or if it appears that he has taken
insufficient sureties, or has taken bail for appearance of such
as are not to be bailed by the said statute of the twenty-third of
Henry the Sixth, then and in every such case the plaintiff or his
attorney may move the court to amerce such sheriﬁ or ofﬁcer,
as is usual in such cases, and the party grieved may have his
action to recover his damages in that behalf.
‘Provided always, That where the sheriff or other officer
takes a bail bond, he shall, at the request and costs of the plain-
tiff or his attorney, assign the same by indorsing thereof, and
attesting it under his hand and seal, in the presence of two or
more credible witnesses; and if such bond be forfeited, the
plaintiff, after such assignment, may bring an action in his own
name; whereupon the court, where the action is brought, may
give such relief to the plaintiff and defendant in the original
action, and to the bail, as the statute made in the fourth and
ﬁfth years of the late Queen Anne, chapter the sixteenth (en-
titled “An act for theamendment of the law and the better
advancement of justice”) doth direct in such cases; which said
statute, in that and all other points, shall be observed and put
in execution in this province, so far as circumstances can ad-
mit.
Provided also, That all bail bonds may be [put in suit] at any
time after the last day of the court where the writ [was re-
turnable]. And that the process upon bail bonds shall be
summons; and the defendant in the original action shall be ad-
mitted upon payment of costs, to appear, put in bail, and plead
to such original action, whereupon the bail-bond shall be dis-
charged, and all proceedings thereon stayed, and relief given
to the parties, as the case may require.
Provided also, That where any actions have been commenced
against any person or persons upon bail bonds entered into
since the seventeenth day of July last past (being the time when
the late repeal of several laws of this province was published),
all and every such action and actions shall be and are hereby
declared to be discontinued; and the defendants, for whom such
bail has been given, shall be admitted to plead to the original
[action with]out paying costs, and no fees shall be demanded,
I 715] The Statutes at Large of Pennsylvania.
77
taken, or allowed [for the pro]cess or proceedings upon the
said bail bonds.
Provided also, That nothing herein contained shall avoid
any of the said bail bonds; but that the defendants may enter
their appearance, which shall be accepted upon bail given, ac-
cording to the direction of this act, and in default thereof the '
bail bonds to be put in suit forthwith.
Provided also, That nothing herein or in the said repeal con-
tained, shall extend or be construed to discontinue any actions,
suits, plaints, process, indictments or informations for any
matter or cause whatsoever, now depending in any the courts of
this province (except such actions as are commenced on bail-
bonds as aforesaid): but that the same are hereby continued
and shall be proceeded upon in the said respective courts.
[Section 111.] And be it further enacted, That where any de-
fendant shall be taken and charged in custody, upon any of the
above-mentioned writs of arrest, and imprisoned for want of
sureties or because his sureties will stand no longer bound for
him, then and in every such case, the plaintiff on the ﬁrst day
of the court to which any such writ [is] returnable, shall ﬁle
his declaration in the prothonotary’s ofﬁce, against the pris-
oner, and cause a copy thereof to be delivered to him or to the
gaol keeper, to which declaration the prisoner shall appear and
plead, or otherwise the plaintiff shall have judgment in such
manner as if the defendant had appeared in court and refused
to answer or plead to such declaration.
And where a writ of summons is served upon the defendant,
' or notice left in writing by the sheriff or his deputy at the de-
fendant’s dwelling house, or place of his last abode, in the
presence of one or more of his family or neighbors, signifying
that the defendant should be and appear according [to] the con-
tents of such writ of summons, if (upon the sheriff’s making
return thereof accordingly) the defendant does not appear, the
plaintiff before the end of the court where such writ is re-
turnable, does ﬁle his declaration; and if the defendant, being
solemnly called three times, the last day of the court, does not
appear, judgment shall be entered against him, which shall be
as valid and effectual in law as if such defendant had actually
.78
fine Statutes at Large of Pennsylvania. ‘ [I 715
appeared and confessed judgment or suffered it to pass against
him by nth-it dicz't.
[Section IV.] And be it further enacted, That on or before
the day of the return of the said writs, the plaintiff therein
shall ﬁle his declaration in the prothonotary’s ofﬁce, otherwise
“ a non pros. shall be entered against him, and the defendant
may 'z'mparle, or have leave to plead to such declaration, till
twenty-eight days after ﬁling thereof; and in default of ﬁling
such plea, judgment by nz'tzz'Z dicz't shall be entered against him.
And if the plaintiff shall not reply or join issue within
twenty-one days next after plea pleaded, he shall be non-
prossed.
And the defendant shall with[in twenty]-one days, after repli-
cation ﬁled, rejoin or join issue, [or judgment] shall be entered
against him.
And the plaintiff if occasion [be, shall] surrejoin or join issue,
by the ﬁrst day of the next ensuing court, or be non-prossed.
Provided always, That no execution shall issue upon any of
the said judgments, to be entered upon the failures aforesaid,
till the next succeeding court, after such judgment entered; at
which court, and not after, it shall be lawful for the justices
upon the motion of the party grieved, or his attorney, and good
cause showed, to set aside such judgments, as is usually done
in such cases.
And after issue joined the prothonotary or clerk of each
court shall draw out a list thereof, successively, as they are
‘joined, and ‘set the same up in their respective offices, which
said lists shall be [publicly] set up in the court house during the
sitting of the court. -
At [which court] every plaintiff shall bring his cause to trial
in course as the same [stands in prior]ity upon the said lists;
and no cause shall be postponed or put off toanother time,
without paying costs, and showing such sufﬁcient cause as the
justices shall approve of for so doing. D
And that every defendant shall attend his trial without any
notice to be given him for that purpose; and if the plaintiff
declines such trial then the defendant may bring the same on,
by proviso, at the next succeeding court. '
I 715] The Statutes at Large of Pennsylvania.
79
And that in all actions upon bond or penalty, for non-per-
formance of covenants, the plaintiff may assign as many
breaches as he shall think ﬁt; and the jury at the trial shall and
may assess damages for such of the said covenants as the
plaintiff shall prove broken, and the like judgment shall be en-
tered on such verdict as hath been used in such actions; and if
judgment shall be given for the plaintiff upon demurrer, confes-
sion or nihz'l elicit, the plaintiﬁ upon the roll may suggest as
many breaches as he shall think ﬁt, upon which shall issue a
Writ'to summon a jury, to inquire of the truth of every one of
those breaches, and to assess damages accordingly, and to re-
turn the same to the court where the cause depends; and
thereupon the proceedings shall be according to a statute made
in the eighth and ninth years of William the Third, chapter the
twelfth, entitled “An act for the better preventing frivolous
and vexatious suits,” which said statute in that point, as also
where the plaintiff or defendant dies, after an interlocutory
judgment, and in all other things, shall be observed and put
in practice in this province so far as circumstances can admit.
And that writs of inquiry shall be awarded upon all inter-
locutory judgments, and eight days’ notice thereof be given to
the defendant or his attorney, in order to [make his] defense.
[Section V.] And be it further enacted by the authority
aforesaid, That motions may be made'in arrest of judgment,
or to lay aside the verdict; whereupon the court may, upon
reasons usually allowed in such cases, either arrest the judg-
ment, or lay aside the verdict, and order a new trial, as the case
may require; as also mitigate excessive damages found or re-
turned upon writs of inquiry, or lay aside the inquisition and
grant new writs, where the same may be done in Great Britain.
Provided always, That no judgment shall he stayed or re- '
versed, for any the omissions, defects, variances or defaults,
helped by any the acts of parliament of Great Britain, called
statutes of jeofails; all which said statutes shall be observed in
this province and shall be extended to judgments entered or to
be entered of record upon confession, non sum injhrmatus or
nihz'l die/it, which said judgments, as also judgments given upon
any writ of inquiry of damages executed thereon, shall not be
80
The Slaz‘nz‘es at Large of Pennsylvania. [1 715
stayed or reversed, for or by reason of any imperfection, omis-
sion, defect, matter or thing whatsoever, which would have
been aided by the said statutes of jeofails, so that the original
writs and warrants of attorney [in such cases] be duly ﬁled.
[Section VI.] And be it further enacted, That no judgment
[shall be] entered of record in any of the courts of this province '
unless it be signed by one of the justices or prothonotary; nor
costs of suit set down, before the same be taxed by one of the
said justices. .
And if any judgment be acknowledged or entered in vacation
time, the justice that signs the same shall set down the day of
the month and year of his so doing upon the paper docket or
record he signs, which day and year shall also be entered upon
the margin of the roll of the record, where the said judgment
shall be entered, and shall have relation accordingly.
[Section VII] And be it further enacted by the authority
aforesaid, That when any debt is recovered, damages awarded
or [non-suit obtained], in any of the said courts, it shall and
may be lawful for the [plaintiff or] defendant who recovered or
obtained the same, to take out his writ of capias [ad] satis—
faciena’um, elegit, Ze'oar'i or ﬁer'zl facias, as he shall think ﬁt;
and proceed thereupon according to the course of proceedings
upon such writs in Great Britain, having due regard to the di-
rections of the laws of this province in the execution of lands".
Provided always, That in all cases where the plaintiff recov-
ers judgment, if at the instance or request of the defendant he
delays taking out execution upon such judgment, then the
plaintiff shall have interest allowed from the day judgment i
given. ' - - 1
[Section VIII] And be it further enacted, That when writs
of error are brought to remove causes from inferior courts, the
same shall be allowed by one of the judges of the supreme
court; but before he allows thereof, the plaintiff in error, with
one or more sureties, such as the judge shall approve of, must
become bound to the defendant in error, in double the sum
adjudged to be recovered by the judgment upon which the writ
is brought, where the law requires such bail, conditioned that
the plaintiﬁ in such writ hath good cause of error, and shall
I 715] The Statutes at Large 0/’ Pennsylvania.
81.
follow the [same] writ with effect; and if the judgment be
affirmed in the supreme court [shall satisfy] all the debts,
damages and costs so adjudged, and all costs and damages for
delaying execution by the writ of error.
And upon entering into such recognizance, the judge shall
subscribe his name to the allocatur, and to the caption of the
recognizance, which writ of error so allowed shall be a superse-
deas of itself to any execution granted, or to be granted, and
not executed until the writ of error be determined or discon-
tinued in the supreme court.
But if the bail so given upon the allowance of the writ of
error shall at any time afterwards he objected against and
proved (before any of the said judges, in vacation time, or be-
fore the supreme court when sitting) [to be] insufficient, the
plaintiff in error shall thereupon ﬁnd better bail, or execution
may be taken out upon the judgment, notwithstanding the
writ of error and supersedeas aforesaid, but the writ of error
shall still remain in force so that such plaintiff may proceed
thereon. '
Provided always, That no executor or other person, who by
the law and course of proceedings in Great Britain are not to
give bail or sureties, upon removal of any cause by writ of
error or habeas corpus (other than such administrators, as
have not given security in the register-general’s office as afore~
said) shall be obliged to put in bail in such cases in this prov-
ince.
Provided also, That no judgment given in any real or per-
sonal action in any court of this province, shall, after the ﬁve-
and-twentieth day of March, one thousand seven hundred and
ﬁfteen, be reversed for any error therein, unless the writ or
suit for reversing such judgment be commenced and prose-
cuted with effect within twenty years after such judgment
signed or entered on record.
But persons entitled to such writs of error being within the
age of twenty-one years, or covert, or not of sound mind [or in
prison],1 or not in this province when such title accrued, they
the[ir heirs], executors or administrators may bring their writ
or writs [of error] for reversing .such judgment as they might
1 Supplied ‘from the edition of 1714.

T/ce Statutes at Large of Pennsylvania. [1 71 5
have done, if this act had never been made, so that it be within
ﬁve years after their being of full age, discovert, of sound mind,
out of prison, or return to this province, or death, and not after-
wards or otherwise.
[Section IX.] And be it further enacted, That no writ of cer-
tz'orarc' for removing indictments or presentments into the said
supreme court shall be granted or awarded in court time, but
upon motion of an attorney and by rule of court made for grant-
ing thereof. But in vacation time the same writs may be
granted by any of the justices of the said supreme court, whose
name shall be endorsed on the said writ, with the name-s of the
persons at whose instance the same is granted.
[Provided] always, That none of the said writs of certzforarz'
shall be [allowed be]fore the party or parties prosecuting the
same ﬁnd sureties or manucaptors, [to be] bound in recogni-
zances before one or more justices of the peace of the county
or place where the said indictment or presentment was found,
in such sum and sums, and with such conditions as are men-
tioned and directed in and by the statute of the ﬁfth and sixth
of William and Mary, entitled “An Act to prevent delays of
proceedings in the quarter-sessions of the peace.” 1
And if the party prosecuting such writ of certz'orarz', be con-
victed of the fact for which he was indicted, that then the said
supreme court shall be given reasonable costs to the prosecu-
tor, and grant attachments against the defendant for such
costs, according to the said statute, and that such recognizances
shall not be discharged until the said costs be paid.
[Section X.] And be it further enacted, That all such records,
docke-ts, minutes and process of the provincial courts, county
courts, and other courts of this province, with the ﬁles, bundles,
books and-papers, relating thereto, as are not lodged with the
present clerks or prothonotaries of the said courts, shall be
forthwith delivered to them, whose receipts shall sufficiently
discharge the former clerks, their executors or administrators,
who shall deliver the same; and when any person has occasion
to produce or make use of any of those records or process, the
same shall be copied or exempliﬁed by the prothonotary or
clerk for the time being, in whose custody they then are, and
13 Ruffhead, 555.

I 715] The Statutes at Large of Pennsylvania.
attested under his hand and judicial seal of the court whereto
he belongs; and when such copy or exempliﬁcation shall be
produced in any court of this province, the party producing the
same shall not be deemed to fail of his record or the judgment
and proceedings thereon be reversed for error, if such copy or
exempliﬁcation contains the essentials, though it may want the
formal parts of a record.
[Passed May 28, 1715. Repealed by the Lords Justices in Council
July 211, 1719. ‘See Appendix IV, Section II, and the Act of Assembly
passed October 29, 1715, Chapter 220.

CHAPTER CCXV.

AN ACT FOR RAISIN‘IG A SUPPLY OF ‘ONE ‘PENN’Y IN THE POUND.
AlNID FOUR SH'DLIJINlGS A HEAD, AND FOR REVIVING OTHER ACTS
TI-I‘EREI'N MENTIONED.
Forasmuch as the season is so far spent that the impost in-
tended to be raised by an act of this present session may not
prove effectual to answer all the public debts and contingent
charges of this government, therefore we, the representatives of
the freemen of the province of Pennsylvania, do earnestly de-
sire that it may be enacted:
[Section 1.] And be it enacted by Charles Gookin, Esquire,
by the royal approbation Lieutenant-Governor under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov‘
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in General Assembly met,
and by the authority of the same, That there shall be levied
and raised upon all estates, real and personal, of all and every
person and persons within this province (the estate of the pro-
prietary and lieutenant-governor only excepted; and also ex-
cepting household goods and implements used in trade and
getting a livelihood, having a due regard to such as have a
charge of children, the clear value of whose estates both real
and personal amounts not to thirty pounds) the sum of one
6—11
T/ze Statutes at Large of Pennsylvania. [1715
penny for every pound clear value of the said estates, to be
paid by the owners, or possessors thereof. And that every
single person, or freeman, who at the time of the assessment
hereafter mentioned, shall be of the age of twenty-one years,
and hath been out of his apprenticeship or service the space of
six months, and is not worth in lands, goods, or chattels, to the
value of ﬁfty pounds, shall pay the sum of four shillings. And
that all and every man-servant who at the time of the said
assessment shall receive wages for his or their services, shall
pay the sum of four shillings. All which said’ several sums so
to be raised as aforesaid, shall be assessed and levied as by this
act is directed, and shall be paid for the uses hereinafter men-
tioned.
[Section 11.] And be it further enacted by the authority
aforesaid, That the persons hereafter named shall be commis-
sioners, for the effectual putting this act in execution, in each
county: (That is to say) for the county and city of Philadelphia,
Richard Hill, Nicholas ‘Waln and John Roberts; and for the
county of Bucks, Everard Bolton, William Paxson, and Robert
Harvey; which said said [sic] commissioners are hereby em-
powered and required to meet together on the third day of the
month called October, next, at the place where the courts in the
said respective counties are usually held, and at such other
times and places as the said commissioners, or any two of them,
respectively shall then after [sic] 1 agree upon. And the said
commissioners or any two of them respectively, shall, at their
ﬁrst meeting, order the sheriff of each county to summon the
elected assessors, for the time being, to meet them on the twen-
tieth day of the said month. And the said commissioners shall
at their said ﬁrst meeting issue forth their precepts (which the
clerk of the peace in each county is hereby required forthwith
to draw and dispatch) directed to the constables of every town-
ship, requiring them to bring to the said assessors, on the said
twentieth day of the said month, certiﬁcates in writing of the
' names and surnames of all and every the persons dwelling or
residing within the limits of those townships, or places with
which they shall be charged; and the names of all freemen,

1 So in the original and also in the printed session laws of 1714-15.
I715] The Statutes at Large of Pennsylvania.
35
inmates, hired servants, and all other persons chargeable by
this act, together with an account of what lands and tenements
they respectively hold in such townships, and how much of the
said land is sowed with corn; and how many bound servants
and negroes, with their ages; and what stock of cattle, horses
and sheep they possess, without concealment, fear, malice,
favor or affection. Together also with a true account of all
lands surveyed or taken up in the said townships belonging to
persons not residing there, upon pain of forfeiture of any sum
not exceeding ﬁve pounds, to be levied as by this act is ap-
pointed.
And each of the said constables shall, by an order from one
or more of the commissioners, have and receive from the treas-
urer hereafter named, viz., the constables in and for the city
of Philadelphia, one penny by the pound on the assessment,
and in the said respective counties, three pence by the pound,
for their care and trouble in executing and returning the said
precepts of the commissioners in manner aforesaid.
But before any of the said assessors shall [have] taken upon
him the employment and duty which this act requires him to
perform he shall take an affirmation to the effect following, to
wit: ‘
Thou shalt promise and affirm that thou wilt well and
' truly cause the rates and sums of money imposed by this act,
to be equally and duly assessed, according to the best of thy
skill and knowledge, and herein thou shalt spare no person for
favor or affection nor any grieve for hatred or ill will;
which affirmation any two or more of the commissioners in
the city or county where the assessment is to be made, have
power and are hereby required to administer.
And that the said assessors or any four of them shall meet on
the said twentieth day of the said month of October, and receive
the said constables’ returns in each county, and shall thereupon
by all lawful means inform themselves of the true and clear
value of all estates and persons in their respective counties,
ratable by this act, and shall equally and impartially assess
themselves and all others ratable as aforesaid, in the sums
hereby directed to be set upon them respectively.
And the said assessors shall then and there divide the coun-
86
The Statutes at Large 0f Pennsylvania. [1 715
ties, wherein they act, into such districts as they shall think
convenient, and appoint a constable or some other ﬁt person
in each district within the said counties to be collector of the
said assessments, and shall cause the clerk of the peace to draw
fair duplicates of the assessment of each district, certiﬁed under
his hand, one part of which duplicates shall be delivered by the
said clerk to the commissioners and the other part to the col-
lector of each district, on or before the thirty-ﬁrst day of the
said month of October, with a warrant annexed to the collect-
or’s duplicate, under the hand and seal of one or more of the
commissioners who signed the assessment, requiring him forth-
with to collect and receive from the persons assessed, the sev-
eral sums in the said duplicates respectively mentioned, either
in ready money or in good, ﬁne, merchantable flour, at the cur-
rent market price, in sizable cask, full and well packed, to be
branded with the bolter’s mark, and delivered at Philadelphia
to the provincial treasurer or his order; or else in good mer-
chantable wheat, at the current market price, to be delivered
at such market, mill or mills in the said respective counties,
where the charge of the portage thereof to Philadelphia shall
not exceed three pence per bushel. And the receipts for the
said wheat or ﬂour being delivered to the respective collectors
by the person paying or delivering the same, as aforesaid, shall
be taken by the said collectors as payment from the persons
by or for whom the same are delivered as aforesaid.
And the said collectors are hereby required, as soon as they
receive the said respective warrants and duplicates of the said
assessments, to demand of the parties the respective sums of
money wherewith they are chargeable, and acquaint them with
the day of appeal, which shall be appointed by the said commis-
sioners, to be on the tenth dav of' November next following.
But where the collector cannot meet with the party of whom
he is to make the said demand, he shall leave notice in writing
with some of the family, or at the place of the party’s last
abode, signifying also the day of appeal.
And the said commissioners are hereby required to meet on
the said tenth day of November, at which time the assessors
shall attend; and the said commissioners shall then and there
I 715] _ The Statutes at Large of Pennsylvania.
87
strictly examine the persons appealing, upon their afﬁrmation
or otherwise, concerning the cause of their appeal; and upon
such examination, or proof of others, they are hereby empow-
ered to diminish or add to such person’s rate or assessment as
they shall see just and reasonable; with power also to call
before them such persons as they ﬁnd are omitted in the said as-
sessment in order to assess them; and if they refuse or neg-
lect to appear and give an account of the value of their es-
tates, they shall pay double the sum they should or ought to
have been rated at by this act. '
And that the said clerks, of the respective counties, shall
within ten days after the said day of appeal deliver to the pro-
vincial treasurer, a true account of the sums total, which every
collector shall be charged with, pursuantto this act.
[Section 111.] And be it further enacted, That the said col-
lectors shall, once a month at least, render a just and true ac-
count of, and‘ bring in, and pay unto the provincial treasurer or
his deputy all such ﬂour, sums of money and receipts for wheat,
as they shall then have received; and shall pay the whole and
every of the sums of money assessed in their respective dupli-
cates, on or before the ﬁve-and-twentieth day of March, one
thousand seven hundred and sixteen.
And that the treasurer shall give receipts to the collectors
for what they shall so bring in, or pay from time to time, which
receipts shall be the said respective collectors’ discharge for so
much.
And the treasurer shall, from time to time, signify in writ-
ing to the commissioners how much each collector brings in or
pays as aforesaid. And when any of them are negligent, or
refuse to do their duty in the premises, the treasurer is hereby
required forthwith to signify the same, by way of complaint,
to the commissioners where such neglect or refusal shall
happen.
[Section IV.] And be it further enacted, That if any person
or persons rated or assessed by virtue of this act shall refuse
or neglect to pay the sum or sums, so assessed in ready money,
or to deliver wheat or ﬂour in lieu thereof, in manner afore-
said, by the space of thirty days after demand made, as afore-
88
The Slaz‘nz‘es at Large 0f Pennsylvanza. [1715
said, it shall be lawful for the said collectors respectively,
by virtue of a warrant signed and sealed by one or more of the
said commissioners who shall forthwith grant the same, and
shall thereby empower the said collectors to call to their as-
sistance, if occasion be, any constable or other person, and in
case of resistance, to break open doors and other things, and
make distress and sale of such persons’ goods and chattels,
returning the overplus (if any be) to the owners after reason-
able charges deducted.
But if no distress can be found by the collector, and the party
refuses or neglects forthwith to show them goods or chattels,
sufficient to satisfy the money then due, with reasonable
charges, then the collector shall take the body of every such
person, and bring him to the county gaol, and deliver him to
the sheriff or keeper of said gaol, who shall detain him in safe
custody, without bail or mainprize, until payment shall be i
made.
Provided always, That where effects cannot be found, suffi-
cient to answer the whole sum in arrear, with charges, as
aforesaid, then distress shall be. made for so much as such
effects shall extend to, and the party to be imprisoned only for
theresidue thereof, with incident charges; all which charges
of distress, assistance, and bringing to prison, shall be adjusted
and settled by any two or more of the said commissioners
hereby appointed, when such occasion shall happen.
[Section'V] And be it further enacted, That if upon complaint
of the treasurer to the commissioners, it shall appear that any
of the said collectors refuse or neglect to pay the said sums
of money, or other effects, which he or they shall be respectively
charged to collect, or produce receipts, testifying the payment
or delivery thereof, as aforesaid, and deliver the money, ﬂour
or receipts for wheat in manner and at the time by this act re-
quired (retaining only such sums as is hereby allowed for col-
lecting and paying the same) it shall be lawful for the said com-
missioners, or any two of them, and they are hereby required to
meetand issue out their warrants under their hands and seals
directed to the sheriff or coroner of the proper county, requiring
him to take the body and [seize and] secure the estate, real and
personal, belonging to such delinquent, or which shall come
I 715] The Statutes at Large of Pennsylvania.
89
into the hands or possession of his heirs, executors or adminis-
trators wherever the same can be discovered or found in this
province; and make return of his proceedings therein, at such
time and place as the said commissioners shall appoint.
And that the commissioners who shall cause the said lands
and estates to be seized and secured, as aforesaid, shall be and
are hereby empowered to appoint a time for a general meeting
of the commissioners of such county, and there to cause public
notice to be given of the place where such meeting shall be ap-
pointed, six days at least before such general meeting; and the
commissioners then present at such general meeting, or the
major part of them (in case the money detained by such delin-
quent be not then paid or satisﬁed) shall and are hereby em-
powered and required to issue forth their warrants or pre-
cepts to the sheriff or coroner of the proper county empowering
and requiring him ‘to sell and dispose of all such estates as
shall be for the cause aforesaid seized and secured or any part
thereof, and to bring the money arising by such sale to the
commissioners who granted such warrants, in order to satisfy
and pay unto the provincial treasurer, for the time being, the
sum or sums that shall be so unpaid, or detained in the hands '
of the said collectors or other persons, their heirs, executors or
administrators, respectively, with damages for what shall be so
unpaid or detained, returning the overplus (if any be) to the
owner after all necessary charges deducted.
And when any sale of lands, tenements or hereditaments
shall be made by such sheriff or coroner respectively, pursuant
to this act, the title and conveyance thereof shall be by deed,
signed, sealed and delivered by the sheriff or coroner to such
person or persons as shall purchase the same in fee-simple or
otherwise, which shall be most absolute and available in law
against the said delinquents, and their heirs and assigns, and
all claiming under them.
And that all gifts, grants and sales which shall be made by
any of the said delinquent collectors, or other officers respec-
tively, of any of their said estates, after the time they should
have paid the money, or effects arising from the said assessment
(unless the estate so seized be sufﬁcient to answer what they
90
T/ze Statutes at Large Qf Pennsylvanza. [I 715
are in arrear) are hereby declared to be fraudulent and shall not
prevent or avoid the seizures and sales hereby appointed to be
made thereof as aforesaid.
[Section VI.] And be it further enacted, That all freemen
not being householders nor having a certain place of abode, and
all the said hired servants shall be taxed at the place where
they reside at the time of the constables taking their names as
aforesaid; and that every householder shall at the request of
the said constables of the respective townships, wards or places,
give an account of the names, qualiﬁcations and estates of
such persons as shall sojourn, lodge or dwell in their respective
houses, under the penalty of forty shillings, to be levied,
charged and paid in manner aforesaid.
And if any such freemen shall not be found at such place of
residence, nor within the same township where their names
shall be taken, as aforesaid, at the time when such respective
collectors shall come to receive such householders’ assessments,
then unless such freemen or servant hath by himself or friend
paid, or unless such householder or employer (having effects of
the said freeman’s or servant’s in his hands, which he is hereby
authorized and required to pay) do pay the same, such collector
or collectors are hereby required to give notice thereof to
any of the said commissioners, who is hereby authorized and
required to issue forth his warrant, directed to such person as
he shall think ﬁt, for apprehending such freeman o-r hired
servant anywhere in this province, and bring him before any
of the said commissioners, which said commissioners (if the
party doth not then pay the said assessment with all neces-
sary charges) are hereby empowered and required by their
warrant directed to the sheriff to commit such party to prison
until he shall pay the same with the charges of such commit-
ment.
[Section VII.] And be it further enacted, That if the said
treasurer shall refuse or neglect to do his duty, as by this act
is required, he shall be ﬁned by the said commissioners ap-
pointed for the county where he is deﬁcient of his duty, in any
sum not exceeding ten pounds, for every offense which by vir-
tue of a warrant, under the hands and seals of the same com.
I 715] 77% Statutes at Large of Pennsylvania.
91
missioners or any two of them, directed to the sheriff or cor-
oner of the county where the treasurer or his estate is at the
time of issuing such warrant, shall be levied by seizure and
sale of lands, distress and sale of goods, or imprisonment of
body as the case shall require.
And if any of the said commissioners shall refuse or neglect
to do his duty, as by this act is required, or shall happen to die
during the continuance of this act, the governor or provincial
treasurer, for the time being, shall forthwith appoint others
to act in their stead.
And if any of the said assessors shall refuse or neglect to do
‘ his duty, as this act requires, the commissioners of the proper
county, or any two of them, shall [ﬁne] every such assessor in
any sum not exceeding ten pounds, which by virtue of a war-
rant under the hands and seals of any two of the said com-
missioners, directed to the sheriﬁ or coroner of the proper
county, shall be levied as aforesaid.
And when any of the said assessors refuse or neglect, as
aforesaid, or shall happen to die during the continuance of this
act, the commissioners shall forthwith appoint others to act
in their stead.
All which said ﬁnes and all other ﬁnes and forfeitures, men-
tioned in this act, shall be levied, as aforesaid, and shall be
paid to the provincial treasurer, for the same uses as by this
act is appointed for other moneys hereby intended to be raised.
And the said commissioners shall be allowed four shillings
six pence each for every day’s attendance, which together
with reasonable charges of clerks and other oﬁ'icers, as the
said commissioners in their respective counties (by order, under
the hands of the major part of them) shall think ﬁt to allow,
shall be paid by the collector and discounted by the provincial
treasurer.
And the said assessors, for their labor and pains in the
premises, shall be allowed and paid three pence per pound of
the whole assessment of their respective counties, to be paid
by the collector to such as attend the service, and equally di-
vided amongst them.
And the said collectors shall detain in their hands nine pence
92
The Statutes at Large of Pennsylvania. [I 715
per pound, for all sums of money by them respectively col-
lected.
And the respective county clerks, for their pains and trouble
in writing and delivering the duplicates and all warrants re-
lating to the premises, shall have and receive as followeth,
viz., the clerk of Philadelphia, ﬁve pounds; the clerk of Ches-
ter, three pounds; and the clerk of Bucks, forty shillings;
which the provincial treasurer is hereby required to pay to
them respectively.
And if any of the said clerks shall refuse or neglect to do
his or their duty, as by this act is required, he or they shall be
ﬁned by the commissioners of the proper county in the sum of
ﬁve pounds each, to be levied and paid as aforesaid. And in
case of death, neglect or refusal of any of the said clerks,
the commissioners shall forthwith appoint others to act in
their stead.
Provided always, That if any person or persons be sued or
prosecuted for anything done in pursuance of this act, such
person or persons, so sued or prosecuted, may plead the gen-
eral issue and give this act and the special matter in evidence
for their justification. ‘And if the plaintiff or prosecutor be-
come non-suit or forbear prosecution, or suffer discontinuance,
or if a verdict pass against him in such action, suit or informa-
tion, the defendant shall have treble costs, as in any case where
costs by law are given to defendants. ,
Provided also, That no person or persons shall be sued or
prosecuted for neglect in the execution of this act, unless he or
they shall be sued or prosecuted within twelve months after
such oﬁense committed.
Provided also, That no proceedings prescribed or required
by this act against collectors, and other ofﬁcers, refusing or
neglecting to comply therewith, shall be staid by certz'orarz',
habeas corpus or otherwise, any law or usage to the contrary
notwithstanding.
[Section VIII.] And be it further enacted by the authority
aforesaid, That Samuel Preston, of Philadelphia, merchant,
shall be and hereby is appointed provincial treasurer for re-
ceiving all the moneys intended to be raised by this act and
by another act of this present sessions, entitled “An act for
I 715] The Statutes at Large of Pennsylvania.
93
laying a duty on wine, rum, brandy and spirits, cider and
hops imported into this province,” 1 and by another act of this
sessions, entitled “An act for laying a duty on negroes imported
into this province,” 2 and of ‘all the ﬁnes and forfeitures arising
by the same acts; and that the treasurer for the time being,
before he enters upon the execution of his office, shall become
bound to the governor, with one or more suiﬁcient sureties, in
an obligation of one thousand pounds, condition-ed for the true
execution of his oﬁce and due observation of this act and the
said other acts, and of all other laws of this province relating
to his said office of treasurer. _
And in case of his death or removal, the assembly, for the
time being, if sitting, but if no assembly then sitting the gov-
ernor and council, shall appoint one to supply his place until
the next meeting of assembly, who shall give security as afore-
said.
[Section IX.] And be it further enacted by the authority
aforesaid, That all moneys arising by virtue of this act and the
aforesaid acts, as well as the money remaining due to the
public upon. the balance of the late provincial treasurer’s ac-
count, which his executrix is hereby required to pay to the
. present treasurer, and that all other moneys which now are
or hereafter shall come to the said provincial treasurer’s hands,
deducting ﬁve per cent for his trouble in paying and receiving
the same (excepting only for the said money in the said exe-
cutrix’s hands) shall by him, his executors or administrators,
be paid in manner following: (That is to say) ﬁrst, the imme-
diate services of this assembly, by order of this house under
the Speaker’s hand, shall be discharged and paid; secondly,
thesum of four hundred pounds shall be paid to the Lieuten-
ant-Governor, Charles Gookin, Esquire, his executors, adminis-
trators and assigns; thirdly, all public debts for which orders
of payment are or have been been issued under the Speaker’s
hand, by order of former assemblies and not paid, shall be dis-
charged; next, the sum of two hundred pounds more shall be
paid to the said lieutenant-governor, his executors, adminis-
trators or assigns; next, all other public debts allowed by
l‘Passed May 28, 1715, Chapter 2117.
2 Passed May 28, 1715, Chapter 218.

94
T/ze Statutes at Large of Pennsylvania. [1 7 I 5
order of this house under the Speaker’s hand, shall be paid and
discharged; and the residue (if any) shall remain as a public
stock in the said provincial treasurer’s hands, to be disposed
of as the governor and assembly of this province for the time
being shall order and direct, and not otherwise.
And whereas by a law of this province, made in the eleventh
and twelfth years of the late Queen Anne, entitled “An act for
reviving and explaining and continuing several laws therein
mentioned,” 1 certain commissioners in the said act named were
empowered to compel the collecting of the arrears of the two-
thousand-pound tax, for the Queen’s use, and of other taxes
in the said act mentioned, which said arrears were to be paid
to Samuel Carpenter, the then provincial treasurer, on or be-
fore the sixteenth day of June, one thousand seven hundred
and thirteen. '
And whereas part of the money, arising from the said acts,
was received by the said late treasurer, who died before the
collection of the said arrears was completed; after whose de-i
cease, the money remaining in his hands came to his executrix,
Hannah Carpenter; but a great [part of] the said taxes being-v
either uncollected or not brought in [by the said] collectors
and sub-treasurers mentioned in the said act; and the said [ex-
ecutrix] doubting whether she can safely issue or pay any of
the said money so come into her hands as aforesaid, without
some express authority [for her so] doing, therefore she humbly
prays that it may be enacted:
[Section X.] And be it enacted by the authority aforesaid,
That the said act, made in the eleventh and twelfth years of
the late Queen’s reign, and all the other acts therein recited,
with all the powers and clauses therein contained (except such
part and parts thereof, concerning which other alterations are
made by the said act of the eleventh and twelfth of the late
Queen), are hereby revived, and shall continue in full force
during the continuance of this present act; and shall be put
in execution by the said commissioners named in the said act
of the eleventh and twelfth of the late Queen, in manner and
form as in and by the said act is directed; and that the said

lPassed March 27, 1712-13, Chapter 195'.
I 71 5] The Siaz‘nees at Large 0f Pennsy/vanza.
95
Hannah Carpenter shall be accountable for all the moneys
arising by the said acts which came to her late husband’s
hands, and which now are and hereafter shall come into her own
hands and power, in like manner as her said husband, if he
were living, should and ought to have been, according to the
tenor and direction of the said acts respectively.
And that all the money arising by the said act, not brought
in or paid to‘ the said late treasurer, shall‘ be accounted for,
~ brought in and paid to the said Hannah Carpenter by the col-
lectors or sub-treasurers appointed or to be appointed by
virtue of the said acts, on or before the ﬁve-and-twentieth day
of March next, and her receipts shall sufﬁciently discharge the
persons who by the said acts are obliged to pay the same.
' And that she, the said Hannah Carpenter, shall issue and
pay such part and parts of the said money arising by the said
acts as remain unpaid, to such person and persons and for such
use and uses as by the said respective acts is directed and ap-
pointed. - ~
And shall pay the surplus (if any be) to the provincial
treasurer, for the time being; and shall render a just and true
account of her doings in the premises to the assembly for the
time being, when, and so often as thereunto required.
And that this act shall continue in force until the said taxes
and assessments are fully collected and paid, and no longer.
Passed May 28, 1715. Allowed to become a law by lapse of time,
in accordance with the proprietary charter, having been considered
by the Lords Justices in Council July 21, 1719, and not acted upon.
See Appendix IV, 'Section II, and the Act of Assembly passed Octo-
ber 29, 1715, 'Chapter 219.
I
96
77%’ Statutes at Large 0fPen1'zsylvanz'a. [I 715
CHAPTER CCXVI.

AN ACT FOR RE-G‘ULATIN G AND ESTABLISHING 'FEES.1
For preventing ‘of extortion and undue exactions of fees by
the several ofﬁcers and practitioners of law in this province,
and to the end that all fees may be limited and reduced to cer-
tainty: .
[Section I.] Be it enacted by Charles Gookin, Esquire, by the
royal approbation Lieutenant-Governor, under William Penn,
Esquire, Proprietary and Governor-in-Ghief of the Province of
Pennsylvania, by and with the advice and consent of the free-
men of the said Province in General Assembly met, and by the
authority of the same, That the fees of the several ofﬁcers and
practitioners of law in this province shall be as hereinafter is
ascertained, limited and appointed, viz.:
That the fees belonging to the keeper of the great seal of
this province shall be as followeth, viz.:
For aﬁ‘ixing the seal to the lieutenant-governor’s commission,
to be ‘paid by the public, twenty shillings.
For affixing the seal to the keeper of the great seal’s commis-
sion, to be paid by the party, ﬁfteen shillings.
For affixing the seal to any body of laws passed in any session
of assembly, to be paid by the public, twenty shillings.
For afﬁxing the seal to any copy of such body of laws sent
home for the royal assent, to be paid by the public,
' twenty shillings.
For affixing the seal to each private law for sale of lands or
hereditaments, to be paid by the party, six shillings.
For affixing the seal to an exempliﬁcation of such laws, to» be
paid by the party, six shillings.
For affixing. the seal to the master of the rolls commission, to
be paid by the party, ﬁfteen shillings.

ITPh-e words inclosed in ‘brackets in this act have ‘been supplied
from the printed session laws of 1714-15.
I 71 5] The Statutes at Large of Pennsylvania.
97
For affixing the seal to every provincial judge’s commission, to
be paid by the public, six shillings.
For affixing the seal to a commission of sheriﬁ of the county
and city of Philadelphia, to be paid by the party,
ten shillings.
For afﬁxing the seal to a commission of sheriff of Bucks or
Chester, each, to be paid by the party, ﬁve shillings.
For afﬁxing the seal to a proclamation by the governor and
council, to be made by the public, four shillings six pence.
For affixing the seal to a commission of the peace, to be paid
'by the county, six shillings.
For affixing the seal to the attorney-general’s commission, to
be paid by the public, six shillings.
For affixing the seal to the secretary’s commission, to be paid
by the party, six shillings.
For affixing the seal to a commission for clerk of the county of
Philadelphia, to be paid by the party, ten shillings.
For affixing the seal to a commission for clerk of Bucks or
Chester, each, to be paid by the party, ﬁve shillings.
For aiﬁxing the seal to the surveyor-general’s commission, to be
paid by the party, six shillings.
For affixing the sealto the register-general’s commission, to be
paid by the party, ﬁfteen shillings.
For affixing the sealto each coroner’s commission, to be paid by
the party, four shillings sixpence.
For afﬁxing the seal to a charter for a city, to be paid by the
parties, ﬁfty shillings.
For affixing the seal to a charter for a borough or town, to be
paid by the parties,
For affixing the seal to the proprietor’s.receiver-general’s com-
mission, to be paid by the party, ﬁve shillings.
For affixing the seal to any single law (other than private acts)
passed in any session of assembly, to be paid by the public,
four shillings six pence.
, For afﬁxing the seal to a special commission to try negroes, to
be paid by the public, ' four ‘shillings [six pence].
For affixing the seal to each patent for land or lots, to be paid
by the party,
twenty-ﬁve shillings. ‘
four shillings [six pence]. ~
98
T/ze Statutes at Large of Pennsylvania. [I 715
And that the fees belonging to the Master of the Rolls shall
be as followeth, viz.:
For recording the laws of the province, in a fair close hand,
including parchment or book, for every line, not less than
twelve words, one [with another, three] farthings.
For exempliﬁcation or copying of all [laws under the] seal, for
the royal assent, or for the several [counties] of this province,
like fees.
For recording, exemplifying, or copying all patents, commis-
sions, proclamations and other instruments, for each line, as
it stands recorded, as above, [three farthings].
For recording deeds, [writings and things] appertaining to the
enrollment ofﬁce, he ﬁnding paper or parchment, for each
line as aforesaid, one halfpenny.
For a copy or exempliﬁcation of any record in the said ofﬁce,
as it stands recorded, for each line, one halfpenny.
For searching any roll or record, ' one shilling.
For endorsement of certiﬁcate, on each deed proved or ac-
knowledged and his hand and seal thereto,
one shilling six pence.
And that the fees belonging to the Justices of the Supreme
Court, shall be as followeth, viz.:
For allowing and signing the aZZocatur of every cert-Zora” for
removing of indictments, orders, &c., four shillings.
For every cause brought into court by cert'torart or writ of
error, eight shillings.
For taking bail to prosecute a ccrtz'orari.
two shillings, six pence.
For judgment on every writ of error, ncZZe proscguz' or other
matter to the bench, eight shillings.
For each of the justices when they sit, to be paid by the prov-
ince, twenty shillings per diem.
For every rule of court, imparlance, continuance by advise-
ment or otherwise, two shillings.
For the justices when they sit by commission of oyer and ter-
miner in capital cases, (to be paid by the province),
ten pounds.
And that the fees belonging‘to the Governor’s Secretary or
Clerk of the Council, shall be as followeth, viz.:
I 715] Yne Slalnles az‘ Lang-e of Pennsylvania.
99
For reading and entering every petition to the governor and
council for laying out high roads, three shillings.
For entering their order thereupon, for laying out the road, and
entering the return thereof when laid out, six shillings.
For a copy thereof, if required, four shillings.
For reading and entering every other petition, and the order,
or answer thereof, [three shillings].
For a Mediterranean pass, or let pass if required, each
four shillings.
For a register of every vessel, six shillings.
For writing of the provincial judge’s commission, or for trial
of negroes, each, ' ﬁve shillings.
For general commissions of the peace, to be paid by the county,
each, eight shillings.
For each single commission for a justice or coroner, to be paid
by the county, six shillings.
For each commission for a sheriﬁ or clerk, to be paid by the
party, six shillings.
, For a warrant under the lesser seal to aiﬁx the great seal to
any body of laws, or single law, passed here, provincial
judge’s commission, commission of the peace, or any other
commission, proclamation, or other public instrument, for
each, two shillings six pence.
For the like for a pardon, to be paid by the party, '
ﬁve shillings.
And that the fees belonging to the Proprietary’s Secretary
shall be as followeth, viz.:
For every warrant for land directed to the surveyor,
two shillings six pence.
For every patent for land to be in parchment, nine shillings.
For every recital of transference, or mentioning more than one
tract or parcel of land, nine pence each, over and above the
said nine shillings.
And that the fees belonging to the Justices shall be as fol-
loweth, viz.:
For writing, signing and sealing every 'm'zfzfzfimns recognizance,
certiﬁcate, pass, or other instrument,
[one] shilling six pence.
7 --II
IOO
L/ite Statutes at Large ef‘Pennsj/lvanti- [1 715
For every attachment, arrest or summons, if drawn by a jus—
tice, one shilling six pence.
For taxing every bill of costs, and signing every judgment of
[court one] shilling.
For every rule of court by advisement or otherwise, [impar
lance] or continuance, one shilling.
For every judgment of [court upon con]fession, default, noZZe
prosegaz' or otherwil-le, bench fees, £0111‘ Shillings‘-
For signing and sealing every writ or summons returnable to
the common pleas, one shilling.
For signing and sealing every judicial writ,
[one shilling] six pence.
For allowance of every writ of error, and [subscribing his name
to the] aZZocat'ar, one shilling.
For respiting every recognizance, one shilling.
For writing the assignment of a servant, and signing it,
one shilling.
For taking a deposition or afﬁdavit out of court, one shilling,
For every warrant of summons, capias or attachment, and ex-
ecution for debt or demand under forty shillings, each,
' nine pence.
For every judgment for such debt or demand, nine pence.
And that the fees belonging to the Attorney-General shall be
as followeth, viz.:
For every capital cause where life is concerned,
twenty-four shillings.
For every criminal matter, by bill of indictment found by the
grand inquest, to be paid by the prisoner’s effects or estate
which he had before conviction, or if no estate then out of
the ﬁnes and forfeitures arising in the courts, where such
matter shall be tried, twelve shillings.
When not found by the grand inquest, six shillings.
For drawing every indictment of felony, trespass, assault, bat-
tery, force, riot, &c., if drawn by him and found by the grand
jury, six shillings.
And if not found, three shillings.
For every indictment if drawn by him and found as above-said
wherein‘ a statute or act of assembly is recited, six shillings.
I 715] The Statutes at Large of Pennsylvania. 101:
For drawing every information, six shillings.
And that the fees belonging to the Sheriﬁ of every county of
this province shall be as followeth, viz.:
For serving a writ of arrest, and taking into custody,
' four shillings six pence.
For serving a summons, four shillings.
For return of a summons, arrest or attachment, one shilling.
For delivery of a copy of a declaration, one shilling.
For every bail bond, two shillings six pence.
For traveling charges, for every mile, two pence.
For summoning or serving a witness with a subpoena, besides
mileage,_ nine pence.
For summoning and returning a jury in every cause where
issue is joined, 5 two shillings.
For copy of the panel when demanded by the plaintiff or de'
fendant, nine pence.
For returning an execution for land, nine shillings.
For returning an execution for goods and chattels,
one shilling six pence.
For serving an execution, and selling the lands or goods
executed or delivered, then for the ﬁrst twelve pounds, nine
shillings, and for every pound above the said twelve pounds,
and under one hundred pounds, six pence, and no more; and
three pence per pound for all sums above one hundred pounds;
and that no poundage be paid for more than the real debt, or
' damage due to the plaintiff named in the execution.
For the turnkey’s fees, to- be paid upon discharge of the pris-
oner, three shillings six pence.
If upon a debt under forty shillings, one shilling.
For executing writs of inquiry of damages, attesting the jury
and making return thereof, twelve shillings.
For executing every other writ of inquiry, and all writs or or-
ders for partition of [lands] or tenements, attesting the jury
for any matter or thing [to be done] by him, ‘about such par-
tition, and making return thereof, twenty shillings.
But if the business of the partition exceed what the jury can
perform in one day, then the sheriff [for every day more that
he] shall attend on such jury, about the said partition [shall
have seven] shillings six pence.
102
Ylze Statutes at Large of Pennsylvania. [1 7i 5 '
' For recording every judgment,
one shilling].
two shillings.
For every judgment in [civil causes,
[For] assigning every bail bond,
For [every criminal] cause, eleven shillings three pence.
For every capital cause, twenty-two shillings [six pence].
For levying ﬁnes, forfeitures and amercements [estreated and
'paid to the] treasurer, to be allowed [by the treasurer out of I
the] same, six pence per pound.
And that the fees [belonging] to the coroner of every [coun-
ty] of [this] province shall be as followeth, viz.:
For viewing a dead body, ten shillings.
For summoning the inquest, entering the verdict, and return-
ing the inquisition, twelve shillings.
For summoning or arresting the sheriff, or any other person
for him, six shillings six pence.
For traveling charges, each mile, two pence.
And that the fees belonging to the Prothonotary or Clerk
of the Supreme Court, shall be as followeth, viz.:
For entering every action or cause there, one shilling six pence.
For ﬁling the errors assigned in every cause,
. one shilling six pence.
For every retraaz't, discontinuance or quashing of a writ of
error, one shilling six pence.
For entering every appearance, one shilling six pence.
For ﬁling and entering any demurrer, plea, replication, and
every other subsequent plea and issue, one shilling six pence.
For calling the jury and attesting them, two shillings.
Attesting each witness in every cause, one‘ shilling.
For recording every verdict, two shillings.
two shillings.
For entering every rule, imparlance or continuance,
two shillings.
For entering the arrest of judgment, two shillings.
For entering every warrant of attorney, committitur or rule of
court, one shilling six pence.
For reading the record, which is all the proceedings below and
above, three shillings.
For every nolle proseguz',
For ﬁling a declaration,
two shillings.
one shilling six pence.
I715] The Statutes at Large of Pennsylvania.
103
For reading every afﬁdavit,
For acknowledging satisfaction upon record, two shillings.
For every subpoena to give evidence, one shilling six pence.
And that the fees belonging to the Clerk of the General Ses-
sions of the Peace and Gaol Delivery in every county and city
of this province, shall be as followeth, viz.:
For every warrant of the peace, or behavior, requiring to bring
sureties, if drawn by the clerk, nine pence.
For every common warrant, subpoena or mittr'm'as, if drawn
by the clerk, nine pence.
For every deposition upon examination, if written by the clerk,
one shilling.
For every recognizance, if drawn by him, one shilling.
For every indictment'of felony, trespass, assault, battery, riot,
&c., if drawn by the clerk, three shillings.
And if not found, eighteen pence.
For a copy thereof, one shilling.
For every indictment or information wherein a statute or act
. of assembly is recited, if drawn by him, ' '
, four shillings six pence.
For a copy thereof, one shilling six pence.
For entering an appearance to every indictment or informa-
tion, nine pence.
For discharge of every person upon bail for the peace, good be-
havior, contempt, or the like, with a warrant of discharge
thereon, one shilling.
For awarding and making out process against the defendant,
upon [an information] or indictment, one shilling six pence.
For [discharge of every indictment upon ignoramus],
one shilling.
For [every plea of not guilty, one shilling]
For [entering] every special plea or [demurrer, one shilling].
For [entering every] submission, [one shilling].
[For calling the jury and attesting them], one shilling.
For [attesting each] witness in every trial, six pence.
For entering every verdict, one shilling.
For entering every judgment, one Shilling,
For a copy of every judgment, nine pence.
For every judicial writ in criminal cases, three shillings.
one shilling.
104
The Statntes at Large of Pennsylvania. [I 715
For respiting a recognizance,
For every writ of restitution, three shillings.
[For drawing and entering every order of] sessions,
_ one shilling.
For copying every order of sessions, one shilling.
[For reading ‘and entering every petition, one shilling .
For [entering every return at large, of a road laid out
three] shillings.
For a copy thereof, for every sheet, containing thirty lines, and
twenty words in a line, two shillings six pence.
For making out the estreats for levying ﬁnes and forfeitures of
each session, one shilling six pence.
For entering similzfter to join issue, six pence.
For relinquishing the plea, and entering submission,
' one shilling.
one shilling.
For reading the indictment, and arraigning the criminal,
one shilling.
For continuing the cause after issue joined, one shilling.
For reading every evidence upon trial, six pence.
For allowing every writ of certiorari, writ of error, or proce-
For a vemfrefactas,
dena’o, six pence.
For entering a noZZe proseq’ai, one shilling.
For entering the rule, upon a motion to, arrest judgment,
one shilling.
one shilling.
three shillings.‘
For drawing up and examining every record of all the pro-
.ceedings upon indictments or informations, in rolls of parch-
ment not less than ten inches wide, for every line contain-
ing twelve words, one penny.
For copy and signing thereof, if required, one penny per line.
For writing every recommendation, for a license to keep a
public inn or ale-house, for selling provision and all sorts of
liquors, and making the bond or recognizance, and entering
the said license, bond or recognizance, six shillings.
And that the fees belonging to the Prothonotary or Clerk of
the Common Pleas, in every county of this province, shall be as
followeth, viz.:
For entering the arrest of judgment,
For a habeas corpus,
one shilling.
I 715] The Statutes at Large of Pennsylvania.
105
For every arrest, attachment or summons if drawn by the
clerk, one shilling six pence.
For every replevin, if drawn by the clerk, three shillings.
For entering every action, six pence.
For ﬁling the declaration or praecipe, each, six pence.
For copy of a declaration in an action of account, debt, detinue,
trespass, assumpsit, trover, and ejectment,
For copy of a declaration in an action of slander, covenant or
waste, . two shillings six pence.
For withdrawing or discontinuing every action, nine pence.
For entering every appearance, six pence.
For ﬁling and entering every demurrer, plea, replication and
pleas subsequent, and issue in every action, six pence.
For entering every general issue, ‘ six pence.
For copy of every plea, replication or pleas subsequent, each,
one shilling.
For calling the jury and attesting them,
- one shilling six pence.
For attesting each witness, ‘which shall give evidence on every
trial, six pence.
For recording every verdict, one shilling.
For entering the judgment, . one shilling.
For every imparlance or continuance by advisement or other-
wise, one shilling.
For entering a committi'tur, one shilling.
For entering every rule of court, one shilling.
For admission of every guardian or next friend, and copy,
two shillings.
For entering every warrant of [attorney] and ﬁling,
[six pence].
[For entering every remitti'tur for debt or damages,
. one shilling]
[For drawing the bill of costs] at large, one shilling.
For acknowledging satisfaction of a judgment, upon record,
one shilling.
For making out the estreats for levying ﬁnes and forfeitures,
in each court, one shilling six pence.
For‘ each cause contained in the list of issues to be set up in the
clerk’s office, and in court when sitting, three pence.
one shilling.
106
T/ze Statutes at Large of Pennsylvania. [1 715
And that the fees belonging to the Register of the Supreme
Court of Equity, shall be as followeth, viz.:
For reading [entering and] ﬁling a bill of complaint, [answer
or demurrer, replication, rejoinder, &c.,
two shillings six pence, each].
[For a subpoena to answer, three shillings]
[For a subpoena for witnesses, not exceeding six persons,
one shilling] six pence.
For a copy of every bill, answer, replication, rejoinder, de-
murrer or report, for every sheet containing thirty lines and
ten words in a line, two shillings six pence.
For a commission under seal of the court, to take answers or
examine witnesses, three shillings.
For copy of ‘an order, one shilling six pence.
For entering a decree or sentence at large, one penny per line,
and each line to contain ten words.
For copy thereof, if required,
- one penny for every line of the original.
For every process of contempt, three shillings.
And that the fees belonging to the Register-General of this
Province shall be as followeth, viz.:
For granting and making letters of administration, under the
seal of the ofﬁce, registering the same, and taking bond,
thirteen shillings six pence.
For making and granting probate of a will, with a copy of the
will, under the seal of the ofﬁce, registering the same, and
taking bond, eighteen shillings.
For copy of letters of administration, four shillings six pence.
For a citation, three shillings.
For ﬁling the inventory and certifying the time when it was
brought into the ofﬁce, on the back of the bond, or if no bond,
giving the executors such certiﬁcate, one shilling.
For copy thereof, if it exceed not one hundred pounds,
four shillings.
six shillings.
one shilling six pence.
For a quietus, four shillings six pence.
For every caveat, one shilling six pence.
For ﬁling and entering a renunciation, one shilling six pence.
But if it amount to more,
For a search,
I 7! 5] T/ze Statutes at Large 0f Pennsylvanza.
For copy of an administrator’s account, nine shillings.
For copy or exempliﬁcation of a will, under seal which does
not go with the pro-bate, for every line not less than twelve
words, . . one halfpenny.
-And that the fees belonging to the‘ Attorneys-at-law within
this Province shall be as followeth, viz.:
For every praecipe directing the manner of laying an action
to be commenced, one shilling.
- For every arrest, attachment or summons, if drawn by the at-
torney, one shilling six pence.
7‘ For every replevin, if drawn bv the attorney, three shillings.
For all actions they shall undertake in. any court for plaintiff
or defendant, ' twelve shillings.
For drawing a declaration in actions of debt, detinue, trespass,
assumpsit, trover, or ejectment,
For drawing a declaration in actions of slander or waste,
_ A six shillings.
For drawing a declaration on. bills of exchange or covenants,
twelve shillings.
‘ For giving oyer of a bond, or other oyer,
one shilling six pence.
For giving notice of trial or of executing writ of-inquiry,
one shilling six pence.
For attending every writ of inquiry, six shillings.
[For drawing every plea, replication, demurrer, joinder in de-
murrer, and pleas subsequent, each, three shillings]
[For every trial or judgment, twelve shillings]
[For writing every writ of inquiry], scjirejacias, vend'z't'z'om' ecc-
ponas, or execution, three shillings.
For entering the record of all the process and proceedings in
rolls of parchment, not less than ten inches wide, for every
line containing twelve words, one penny.
[For] copying, examining and signing the same if required, as
before, - one penny.
For an injunction, prohibition, or audita q’aerela, in parchment,
. __ six shillings.
For every vemZ/i'efacz'as, in the common pleas,
one shilling six pence.
7*—--I[
ﬁve shillings.
108
The Statutes at Large of Pennsylvania. [I 715
[For] every vem'v‘efaei'as, in the [supreme court,
three shillings].
[For every] sez’refacz'as, there, six [shillings].
[For drawing the recognizance for prosecuting a writ of error
or certz'orart there, two shillings six pence]
[For every writ of] execution in that court, [six] shillings.
For drawing the record of all the process and proceedings in
every-cause there, to be done in rolls of parchment, not less
than ten inches wide, and for every line containing twelve
words, one penny halfpenny.
And for copying, examining and signing the same, as before,
one penny halfpenny.
For drawing every warrant of attorney, one shilling.
And that the fees belonging to the Constables within this
Province shall be as followeth, viz.:
For serving a warrant, one shilling.
For traveling charges, two pence per mile going and the like
coming.
For every cause when it comes to a jury (if they attend the
court) to be divided amongst them, one shilling.
For serving every attachment, one shilling.
For serving an execution for a debt under forty shillings,
one shilling.
For selling goods, taken in execution, one shilling.
And that the fees belonging to all Juries and Inquests within
this Province, shall be as followeth, viz.:
For trying all actions, upon issue joined, eight pence per man.
For every inquisition, on writs of inquiry of damages, eZegz't
partition, or on any inquest of ofﬁce, or other inquiry, each
man per diem, three shillings.
For every inquisition made by order of the coroner, or other
ofﬁcer, upon view of a dead body, each man per diem,
two shillings three pence.
And that every witness shall have for every day he spends in
going, coming and attending to give evidence in any cause,
two shillings per diem.
And that the Crier of every court shall have for every action
called in court, nine pence.
I 715] The Statutes at Large of Pennsylvania.
109
And that the fees belonging to the Surveyor of Lands within
this Province, shall be as followeth, viz.:
For every single hundred acres, or lesser quantity, surveyed
by him, seven shillings and six pence, with accommodations.
For surveying any tract of land, above one hundred acres——
For the ﬁrst hundred, seven shillings six pence.
. And for every hundred acres above,
three shillings and nine pence, with accommodations.
For a whole lot with return and plot, seven shillings six pence
[which said fees respectively, shall be paid, upon their] de-
livering up the draft or plot, and return of the survey, signed
with the surveyor’s own hand, to the owner or possessor of
the said lands or lots and not before.
For searching for a warrant or return, and copy thereof, each
one shilling six pence.
For traveling charges, per mile, three pence.
For a search, if not found, nine pence.
‘And the surveyor shall in fair books record the warrants and
shall duly prove the drafts, and then record them.
[For recording the proprietor’s warrant, making a return
thereof after the survey into his secretary’s office, recording
the same, and for a draft, six shillings three pence],
which fees [as aforesaid are to be in full for all] manner of
fees that the surveyor, or his deputies, by any means whatso-
ever, may hereafter pretend to, claim or take for any matter or
thing relating to his said office.
And that the fees belonging to each chain-carrier shall be
after [the rate of] three shillings per day, besides accommoda-
tions, [and the owner] of the land to ﬁnd a market.
And that the [fees belonging to the] King’s Collector shall
be as followeth, viz.:
For [entering every vessel, with permit to unload,
' eight shillings]
six shillings]
four shillings]
[For a new register,
[For a protection, if required,
[For every permit, one shilling]
[For every bill of store, three shillings]
For clearing [every vessel with permit to load] eight shillings.
T/ze Statutes at Large of Pennsylvania. [I 7[ 5
For certiﬁcate for enumerated commodities or European goods,
three shillings.
For indorsement on a register if required,
two shillings and six pence. '
For a bill of health, if required, six shillings.
For a post entry, two shillings six pence.
And that the Comptroller shall have and receive for every
ship or vessel cleared out to sea, three shillings.
And that the fees belonging to the Naval Officer shall be as
followeth, viz.:
For entering every vessel,
For clearing every vessel,
For every bond for enumerating commodities,
three shillings.
For signing certiﬁcates for bond given for enumerated com-
modities, one shilling six pence.
For signing certiﬁcate. to cancel bond given abroad for enume-
rated commodities, three shillings.
For canceling plantation bond, on return of certiﬁcate,
two shillings six pence.
For signing protection or registering men, if required,
one shilling.
[Section 11.] Provided always, and be it enacted by the au-
thority aforesaid, That if the naval ofﬁcer shall refuse to cancel
the plantation bond, on return of certiﬁcate, he shall be liable
to pay double damages to the party aggrieved by such refusal.
Provided also, That for entering and clearing any vessel,
owned wholly by the inhabitants of this province, there shall
be paid to the collector and naval ofﬁcer, no more than one-half
of the fees above set down for entering, and clearing vessels,
respectively, anything therein contained to the contrary not-
withstanding. And that the governor shall receive and take-
For a let pass, if required, to any vessel under sixty tons,
six shillings.
For the same to any vessel above sixty tons, if required,
eight shillings.
For registering any vessel andv certifying the same as the law
requires, eight shillings.
eight shillings.
eight shillings.
I 715] The Statutes at Large of Pennsylvania.
For .a bill of health or Mediterranean pass, when required,
. ’ six shillings.
And if any attorney-general, clerk of any-of the said courts,
pr other persons, draw any indictment or information defec-
tive, they shall draw new bills or information, gratis, or forfeit
ﬁve pounds with full costs to be recovered as hereafter di-
rected. _ '
[Section 111.] And be it further enacted by the authority
aforesaid, That all and every the respective ofﬁcers and attor-
neys-at-law, whose fees are hereinbefore respectively ascer-v
tained, limited and appointed, shall and are hereby required
to make fair tables of their fees respectively, according to this
act, and to publish ‘and set up the same in manner following,
viz.: The fees of the respective courts in the said courts from
time to time, during the sitting of the said courts, and the fees
of other ofﬁcers, in their respective ofﬁces, within three months
after publication hereof, where it shall be constantly exposed
to view [and inspection of all persons] who have business [in
the said ofﬁces].
[And] if any attorney-at-law or ofﬁcer hereinbefore [men-
tioned shall neglect] or delay to make and set up the [tables]
of their fees [as herein] before limited and appointed by [this
act, or shall by color of any law, custom or usage of [this pro-
vince or] Great Britain, take, directly or indirectly any more,
grea.t[er or other] fees than is hereinbefore appointed for the
doing, acting [or performing] any of the matters or things
hereinbefore enumerated, or [shall make demand] of any fees,
without giving the party of whom such fees [shall be demanded
_ a bill of particulars] signed by him if demanded, [or shall re-
fuse upon demand to give the party a receipt ‘or discharge
under his hand for the fees upon payment thereof, every] such
person or ofﬁcer shall forfeit and pay, for the ﬁrst of every
such offense the sum of ten pounds, current money of this prov-
ince, and for the second offense the ‘sum of twenty pounds
money aforesaid, one-half to the governor for the support of
, this government, and the other half to him or them that shall
sue for the same; which with the penalties and forfeitures
aforesaid, shall be recovered in any court of record within this
Il2
T/ie Statutes at Large of Pennsylvania. ' [I 71 5
province, by action of debt, bill, plaint or information, wherein
no essoin, protection, wager of law, or more than one impar-
lance shall be allowed; and for ‘thethird and every other of-
fense be liable to be displaced or removed out of his ofﬁce, any
law, custom or usage to the contrary notwithstanding. I
‘Passed May 28, 1715. ‘Repealed ‘by the Lords Justices in Council
August. 25, 1719. :See Appendix IV, Section II, and the Act of As
sembly passed March 30, 1723, Chapter 270.

CHAPTER CCXVII.
AN Ajo'r FOR LAYTN'G A DUTY oN WINE, RUM, B'R'ANlDY A'ND SPIRITS,
CIDER ANlD HoPs, IMPORTED I'N‘TO 'T'HlIS PROVINCE.
To the end that due provision be made for paying the public
debts and defraying the necessary charges of government:
[Section I.] Be it enacted by Charles Gookin, Esquire, by
the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in GeneralAssembly met, and
by the authority of the same, That for all the said wines,
liquors and hops which shall be imported, landed or brought
into this province at any time after the ﬁrst day of June in the
year of our Lord one thousand seven hundred and ﬁfteen, and
before the ﬁrst-day of June in the year of our Lord one thou—
sand seven hundred and eighteen, there shall be duly levied,
collected and paid the several rates and duties hereafter men-
tioned: (That is to say) for every pipe of wine, which shall be
imported within the time aforesaid, directly from the place of
growth or product, the sum of forty shillings by the pipe, and
so after that rate for any greater or lesser quantity; and also
for every pipe of wine, which shall be imported, landed or
brought into this province, within the time aforesaid, which
I 715] . The Statutes at Large of Pennsylvania.
113
were laden at any port not being the place of growth or pro-
duct, the sum of four pounds by the pipe, and so after that rate
for any greater or lesser quantity; for every gallon of rum,
brandy and spirits belonging to any person or persons, not
residing or dwelling in this province, which shall be imported,
residing or dwelling in this province, which shall be imported,
said, from the place of growth or product, one penny; and for
every gallon of rum, brandy and spirits imported within the
time aforesaid, which were laden at any port not being the
place of growth, two pence; and for all cider [imported within
the time aforesaid .(except of the growth of the lower counties
or West Jersey) the sum of three] shillings by the barr[el and
so after that rate for] any greater or lesser quantity; and [for
all hops, imported within] the time aforesaid (except of the
growth of the [said lower counties] or “Test Jersey) after the
rate of three pence by the pound].
[And f] or the better and more sure collecting and receiving
of all and singular] the said rates and duties hereby imposed:
[Section 11.] Be it further [enacted], That if any person or
persons within the time aforesaid [shall import or] cause to be
[imported], or brought into this province, by way [of merchan-
dise any of the said] liquors or hops, the master [or com-
mander of every vessel or other person importing or bringing
in any of the said liquors or hops, before the landing thereof
shall deliver, or cause to be delivered, upon oath or solemn af-
ﬁrmation to the collector], or ofﬁcer hereby empowered to col-
lect the said duties, a'true and just account or manifesto, of all
the said liquors and hops so by them imported or brought in,
as aforesaid; with the particular marks, numbers, qualities and
contents of the lading to the best of his knowledge; also, where,
and in what port or place the vessel took in her lading; and by
whom shipped and to whom consigned or belonging; which
the said ofﬁcer shall duly enter in a book for that purpose; and
thereupon shall grant a permit, gratis, for landing the same.
And that every importer, owner or claimer of such liquors
and hops, shall immediately upon landing thereof pay down
the said duties hereby imposed, in ready money; or otherwise
become bound to the provincial treasurer, for thetime being,
114
T/ze Statutes at Large of Pennsylvania. [1 715
with one or more sufﬁcient sureties, or procure two other suf-
ﬁcient persons to be bound to the said treasurer, to answer and
pay the respective rates and duties hereby imposed upon such
importations, within four months after the date of the said ob-
ligation; for which bond, the collector shall receive of the party
one shilling and six pence, and no more.
[Section 111.] And be it further enacted, That if any of the
said liquors or hops shall be imported within the time afore-
said and landed, or brought in, without making entry and ob-
taining permit as aforesaid, or without paying or giving se—
curity for the payment of the said duties in manner aforesaid,
that then and in every such case, the liquors and hops so im-
ported, landed or brought in, or the value thereof, if the same
cannot be found, shall be forfeited, one moiety thereof (after
the duties hereby imposed, and all charges of prosecution are
deducted) shall go to the governor for the support of this gov-
ernment, and the other moiety after such deduction to the
collector or such other person as will sue for the same, by action
of debt, bill, pl-aint or information, in any court of record within
this province wherein no essoin, protection nor wager of law,
nor any more than one imparlance shall be allowed.
[Section IV.] And be it further enacted, That the said ofﬁ-
cer now or hereafter appointed, to collect the said duties aris-
ing hereby, shall have'full power and authority by virtue of this
act without any further or other warrant, to enter on board
any ship or vessel and into any house, shop, cellar, warehouse,
room, or other place whatsoever, where he shall suspect any
of the said liquors or hops to be concealed, and make searches,
and do all other matters and things which may tend to secure
the true payment of the duties by this act imposed, and the
due and orderly collection thereof; and in case of opposition
or refusal, the said ofﬁcer with the assistance of the sheriff,
water bailiff, constable, or other ofﬁcer (who without any fur-
ther or other warrant, are hereby enabled [and required] under
the penalty of [ﬁve pounds for every refusal or neglect in that
behalf, to be recovered as aforesaid] to be aiding and assisting
to the [said ofﬁcer or collector) to seize] the said liquors and
hops, which shall be [concealed or endeavored so to be as afore-
I 715] . Y/ze Statutes at Large of Pennsylvania.
115
said] ; and for that end to break [open doors, and] other things;
and to do, and perform all other act and [acts which] by this
act is required to be done for collecting, receiving and recov-
ering any of the said duties, penalties and forfeitures; for
making [seizures of] any of the said liquors or hops upon
which the said respect[ive duties are hereby imposed which]
shall be run, landed or brought in, [without making entries,
and paying] or securing the said du[ties, in as full and ample
manner to all intents and purposes as any of the collectors or
ofﬁcers of the King's customs may or can do by the laws of
Great Britain].
Provided always, That if any of the said imported liquors
or hops, for which the said duties are paid or secured, as afore-
said, shall within the space of four months after importation be
exported and carried out to sea, then and in‘such ease, three-
fourths of the said duties hereby imposed shall be abated, for
such part of the said liquors or hops as shall be so exported;
and (on payment of the remaining fourth part) the security
given shall be delivered up and discharged. ,
[Section V.] And be it further enacted, That all masters
of vessels, owners and other persons trading in the river Dela-
ware, and entering into any port or place of this province, hav-
ing on board any of the liquors or hops, which by this act are
liable to pay the said duties, shall and are hereby required
to observe and comply with the directions of this act, as though
such vessel came from sea directly; and all persons by this
act obliged to pay any the duties aforesaid, shall apply to the
collector of the said duties, without any notice given, or being
otherwise thereunto required by him for so doing.
[Section VI.] And be it further enacted by the authority
aforesaid, That Samuel Preston, of Philadelphia, merchant,
shall be and is hereby appointed and authorized to be pro-
vincial treasurerfor this province, and in case of his death or
removal, the assembly, for the time being, shall appoint an-
other in his stead; but if no assembly be sitting at the time
of his death or removal, then the governor and council, shall
appoint one to supply his place, until the next meeting of
assembly.
S---l I
116
Y/ze Statutes at Large of Pennsylvania. [1 715
[Section VII.] And be it further enacted, That Owen Rob-
erts, of Philadelphia, gentleman, shall be and is hereby ap-
pointed collector of the said rates and duties imposed, and re-
ceiver of all ﬁnes, forfeitures and penalties hereinbefore ap'
pointed to be set, imposed and levied by virtue of this act,
which the said collector is hereby empowered to demand, col-
lect, receive and recover of and from all persons imported or
landing any of the liquors or hops, by this act appointed
to pay the duties aforesaid, and shall from time to time take
all bonds hereby required to be given as ‘aforesaid.
And the said collector shall keep fair and true accounts in
writing of all his doings relating to the premises, which he
shall from time to time, submit to the view and inspection of
the provincial treasurer, and lay the same before the assembly
when thereunto required.
And the said collector shall once in six weeks, or oftener if
required, during the continuance of this act, pay into the said
treasurer’s hands all such sums of money which he shall re-
ceive by virtue of this act, and shall deduct out of the same
for his own use one penny for every shilling so by him paid.
And the said collector shall further be allowed by the said
treasurer in the ﬁnal adjusting of his account, all reasonable
[charges in the prosecution of the said seizures and recovery
of anyof the said ﬁnes, forfeitures and penalties] in pursuance
of this act. -
Provided always, [That the said collector before] he enters
upon the execution of his [ofﬁce, shall] be sworn [or attested]
(before some justice of the peace), [and shall with one] or
more [sufficient] sureties, become bound in an [obligation of]
ﬁve hundred pounds to the treasurer, conditioned for the due
and faithful execution of his said ofﬁce.
And if any of the said liquors [or hops], so to be imported as
aforesaid shall be seized in pursuance of\ [this act, and a
doubt or question] shall arise whether such liquors or hops
[are liable to pay, the] said respective duties, the proof that
[they are not liable to pay the said duties shall lie upon the
importer, possessor or claimer, and shall not be incumbent on
the governor, or any informer or prosecutor, for the governor
and himself].
I 715] The Statutes at Large of Pennsylvania.
[Section V 111.] [Provided] nevertheless, and be it hereby
enacted, That if the said collector or any other person or per‘
sons shall be sued or prosecuted for anything done in pursu-
ance of this act, he or they so sued or prosecuted may plead
the general issue, and give this act and special matter in evi-
dence for their justiﬁcation; and if upon trial thereof the ver-
dict shall be given against the prosecutor, or that the plaintiff
or prosecutor shall become non-suit, or suffer a discontinuance,
the defendant or defendants in such action shall recover treble
damages, and full costs of suit.
Passed May 28, 1715. Repealed by the Lords Justices in Council
July 21, 1719. See Appendix IV, Section II.

CHAPTER CCXVIII.

AN ACT FOR LAYI'NlG A "D‘U'TY O'N N'EGRIOES IMPORTED INTO THIS
PROVINCE.
We, the representatives of the freemen of the province of
Pennsylvania, desire that it may be enacted:
[Section 1.] And be it enacted by Charles Gookin,Esquire, by
the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the Prov-
ince of Pennsylvania, by and with the advice and consent of
the freemen of the said Province in General Assembly met, and
by the authority of the same, That for every negro which shall
be imported, landed, or brought into this province. at any time
after the ﬁrst day of June, in the year of our Lord one thou-
sand seven hundred and ﬁfteen, and before the ﬁrst day of
June in the year one thousand seven hundred and eighteen
(other than such negroes as are actually shipped for sailors
and shall continue in the service of the vessel they are brought
in, and not be exposed to sale in this province, and other than
such negroes as shall be brought or sent to this province upon
their master’s immediate business, and not for sale) there shall
118
T/ze Statutes at Large of Pennsylvania. [I 7[ 5 A
be paid for the uses hereafter mentioned the sum of ﬁve pounds
lawful money of America.
And that all masters of vessels, and others, who shall within
the time aforesaid bring into this province, by land or water,
any negroes, shall forthwith make entry and give or cause to
be given upon oath or afﬁrmation, to the person hereinafter
appointed to collect the said duty, a true and just account of all
the negroes so imported, or brought in, and to whom they re-
spectively belong, which the said collector shall duly enter in
a book for that purpose, and thereupon shall grant a permit,
gratis, for landing the same.
And that every such importer, owner or claimer of such ne-
groes shall immediately, upon landing or bringing in thereof,
pay down the said duty in ready money, or otherwise become
bound to the provincial treasurer, for the time being, with one
or more suﬁ'icient sureties, or procure two other ‘sufﬁcient per-
sons to be bound to the said treasurer, to answer and pay the
said duty hereby imposed upon such negroes, within four
months next [after] the date of the said obligation, for which
the collector shall [receive of the party] one shilling and six
pence [and no more]. '
[And if any of the said negroes shall be imported, landed or
brought in within the time aforesaid without making entry
and obtaining permit, as aforesaid, or without paying or giv-
ing] security for payment of the [said duty, in manner afore-
said] that then all the negroes so imported, [landed or brought
in or the value] thereof, if they cannot be found, shall [be for-
feit-ed,] one moiety thereof (after the said duty and all charges
of seizure and prosecution are deducted) shall go to the gov-
ernor for the support of government, and the other half (after
the said deduction) to the said collector or such other person
as will sue for the same in any court of record in this province,
by bill, plaint [or] information, wherein no essoin, protection,
[or wager of law, nor any more than any one imparlance shall
be allowed].
[And that the collector of the'said duty, arising by this act
shall have full power and authority, by virtue hereof, without-
any further or other warrant, to enter on board any ship or
vessel, and into any house or other place whatsoever where he
I 715] T/ze Statutes at Large of Pennsylvania.
119
shall suspect any of the said negroes] to be concealed, and
make [searches and do all other] matters and things which
may tend to secure the true payment [of the] said duty, and
the due and orderly collection thereof, and in case of opposi-
tion or refusal, the said collector with the assistance of the
sheriff, water bailiff, constable or other ofﬁcer (who, without
any further or other warrant, are hereby enabled and required
under the penalty of ﬁve pounds for every neglect or refusal
in that behalf, to be recovered as aforesaid, to be aiding and
assisting to the said collector) to seize the said negroes which
shall be concealed, or endeavored so to be, as aforesaid; and
for that end, to break open doors and other things, and to do
and perform all other act and acts which by this act is re-
quired to be done, for collecting, receiving and recovering the
said duty, and the penalties and forfeitures herein mentioned,
or for making seizures of negroes landed or brought in, without
making entries, and paying or securing the said duty, in as
full and ample manner to all intents as any of the collectors
or ofﬁcers of the King’s' customs may or can do, by the laws of
Great Britain.
[Section 11.] And be it further enacted, That all masters of
vessels and ‘others trading in the river Delaware, and coming
into any port or place of this province, having negroes on
board, which by this act are liable to pay the said duty, are
hereby required to comply with the directions of this act, as if
such vessel came from sea directly.
And that all persons by this act obliged to pay the said
duty shall apply to the said collector without any notice given,
or request made by him for so doing.
[Section 111.] And be it further enacted, That in case any
vessel shall arrive at any port, member, creek or landing place
in this province, with any negro or negroes on board, and there
remain for the space of twenty-four hours without making
entry, under pretense of going to some other port, or any other
pretense whatsoever, the master or owner of the said vessel
shall give security to the said collector that he shall not land
any of .the said negroes without entry made and permit obtained
from the said collector, under the penalty of seizure and for~
feiture, to be recovered as aforesaid.
T/ze Statutes at Large 0/‘ Pennsylvania. [1 715
Provided always, That if any of the said negroes for which
the said duty is paid or secured as aforesaid, shall, within the
space of four months after importation, be exported or carried
out to sea, then and in such case three-fourths of the said- du-
ties, hereby [imposed, shall be] abated for such of them as
shall be so exported; [and on payment] of the remaining fourth
part, [the (security given shall be delivered up and discharged;
and the ofﬁcer shall, and may deduct, out of such repayment
two shillings and six pence per head for his care and trouble
therein].
Provided also, That all such negroes, for which such deduc—
tions shall be made, shall actually and bona ﬁde be forthwith
shipped off or sent out of this province, so asnot to return
again without complying with this act, under the penalty of
seizure and forfeiture, as aforesaid.
Provided also, That if any person or persons shall, during
the continuance of this act, transport him or themselves with
their families and negroes, in order to settle in this province,
and shall upon oath or afﬁrmation declare before the said col-
lector (who is hereby empowered to administer the same) that
such negroes so brought in are for their own service ‘and not
for sale, he or they [shall not be liable to pay the said duty for
such negroes, but shall forthwith give security to the said col-
lector] which he is hereby empowered and required to take)
by a. bond of the full value of such negroes, conditioned for
payment of the rates aforesaid, in case such negroes shall be
sold, or the property thereof directly or indirectly altered
within the space of twelve months after the date of such bond.
[Section IV.] And be it further enacted, That Owen Rob-
erts, of Philadelphia, gentleman, shall be and is hereby ap-
pointed the present collector of the said duty hereby imposed,
and receiver of all ﬁnes, forfeitures and penalties hereinbefore
appointed to be set, imposed, and levied by virtue of this act,
which the said collector is hereby empowered to demand, col-
lect, receive and recover of and from all persons importing,
landing or bringing in any negroes during the continuance of
this act, and shall, from. time to time, take all bonds to be given,
as aforesaid.
And the said collector shall keep fair and true accounts, in
I 71 5] The Statutes at Large of Pennsylvania.
121
writing of all his transactions relating to the premises, which
he shall, from time to time, submit to the view and inspection
of the provincial treasurer, and lay the same before the assem-
_ bly when required.
And once in six weeks, or oftener if required, shall pay into
the said treasurer’s hands all such sums of money as he shall
receive by virtue of this act, and shall deduct out‘ of the same
for his own use, one penny for every shilling so by him paid,
and shall further be allowed by the said treasurer in the ﬁnal
[adjusting of] his accounts, all reasonable charges by him ex-
pended in the prosecution of the said seizures and recovery of
any of the said ﬁnes, forfeitures and penalties in pursuance of
this act. " -
‘Provided always, That the said collector before he enters
upon the execution of his office shall be sworn or attested (be-
fore some justice of the peace), and shall with one or more
sufﬁcient sureties become bound in an obligation of ﬁve hun-
dred pounds to the treasurer conditioned for the due and faith-
ful execution of his said office.
And in case of the death or removal of the said collector,
the provincial treasurer, for the time being, shall appoint an-
other in his stead [to] collect the said duty during the continu-~
'ance of this act.
[Section V.] And be it further enacted, That if any person
or persons shall at any time be sued or prosecuted for anything
done in pursuance of this act such person or persons, [so sued or
prosecuted, may] plead the general issue [and give this act,
and the special matter in evidence for their excuse or justiﬁca-
tion. And if the plaintiff or prosecutor become non-suit, or
forbear prosecution, or sufferdiscontinuance, or if a verdict
pass against him in such action, suit or information, the do»
fendant shall have treble costs, as in any case where costs by
law are given to defendants]. . ‘
Passed May 28, 1715. i-Repealed lby the Lords Justices in Council
July 21, 1719. See \Appendix TV, Section‘ II.
I22
Tlze Statutes at Large of Pennsylvania. [I 715 .
At a General Assembly, begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1715, and continued by ad-
journments until the twenty-ninth day of thesame month, the
following acts were passed: '

CHAPTER CCXIX.

AN AJCT To ENLARGE THE TIME ‘FOR P-U'I‘TINIG IN ‘EXECUTION A LA'W
PAssED IN THE LAsT s-Ess-IoNs OF ASSEMBLY, HELD FOR ‘THIS
PROVINCE, ENTITLED “AN ACT FO'R RJAIJSING A S'U-PIPIJY or‘ oNE
PENNY IN THE POUND, A-N'D FOUR SIH'ILILINGIS A HEAD; AND FoR
REVIVING OTHER AICTS THEREIN MENTIONED.” 1-
VVhereas certain commissioners were, by the said act, ap-
pointed to put the same in execution, in each county of this
province, and were required to meet and act on certain days
and times therein mentioned, which the commissioners for the
county of Chester observed. But the commissioners for the
counties of Philadelphia and Bucks failed on their parts; so
that there is a necessity of p-reﬁxing other days for the com-
missioners of those two counties to put the said act in execu-
tion, and of enlarging the time for bringing the said assess-
ment into the treasury. '
Therefore we, the representatives of the freemen of the prov?
ince of Pennsylvania, desire that it may be enacted:
[Section I.] And be it enacted by Charles Gookin, Esquire,
by the royal approbation Lieutenant-Governor, under William
Penn, Esquire, Proprietary and Governor-in-Chief of the said
Province, by and with the advice and consent of the freemen
of the said Province in General Assembly met, and by the au-
thority of the same, That the commissioners in the said act

l‘Passed May 28, 1715, Chapter 2~1_5.
[7 l 5] The Statutes at Large 0/’ Pennsylvania.
123
named for the county and city of Philadelphia and for the said
county of Bucks are hereby empowered and required to meet
on the ﬁrst day of November next, at the place where the courts
in the said counties are usually held, and at such other places
and times as the said commissioners, or any two of them re-
spectively, shall then after agree upon. And what the said
I ~commissioners should have done, by virtue of the said act, on
the third day of October instant, they are hereby respectively
empowered and required to do and perform on the said ﬁrst day
of November next; and what the respective sheriffs, assessors,
clerks of the peace, and constables of the said city and counties
of Philadelphia and Bucks should have done, pursuant to the
said act, on and before the twentieth day of October aforesaid,
they are hereby required to do and perform on or before the
twenty-second day of November next. And what the said as-
sessors and clerks of all the counties of this province are to do
‘on or before the thirty-ﬁrst day of this instant October, they
shall do and perform on or before the twentieth day of Decem-
ber next, under the penalties in the said act mentioned, to be
levied as thereby is directed. And what the collectors, for all
the said respective counties, are by the said act required to do
before the day of appeal in the said act mentioned, they are.
hereby required to do and perform before the third day of J anu~
ary next, which shall be the day of appeal for the said city and
‘the said respective counties, at which said third day of J anu-
ary the said commissioners and assessors are hereby empow-
ered and required to meet and act, as they ought to have done
_ upon the day of appeal in the said act mentioned, as aforesaid.
And that the clerks of the peace, for the respective counties of
this province, shall (within ten days after the day of appeal
hereby appointed) deliver to the provincial treasurer, for the
time being, a true account of the sums total which every col-
lector shall be charged with pursuant to this act.
[Section '11.] And be it further enacted by the. authority
\- aforesaicl, That all the collectors of the said assessments in and
for every county and district, within this province, shall once
a month at least, render a just and true account of, and bring
in and pay unto the provincial treasurer or his deputy, all such
124
T/ze Statutes at Large of Pennsylvania. [I 715
ﬂour, sums of money and receipts for wheat as they shall then
have received; and shall pay the whole and every of the sums of‘
money assessed in their respective duplicates on or before the
ﬁrst day of May, which will be in the year of our Lord one
thousand seven hundred and sixteen, anything in the said act
to the contrary of the premises in anywise notwithstanding.
[Section 111.] And be it further enacted by the authority
aforesaid, That if any collector appointed or to be appointed
by the said assessors in pursuance of this or the above-recited
act, shall refuse or neglect to undertake the gathering of the
said assessments within his district, then and in that case the
commissioners of the county where such refusal shall happen,
or any two of them, shall and are hereby required and empow-
ered to ﬁne every collector so refusing, in any sum not exceed-
ing ﬁve pounds and appoint others‘ in their stead, which said
ﬁnes, by virtue of a warrant under the hands and seals of any
two of the said respective commissioners, directed to the sheriff
or coroner of the proper county, shall be levied and paid as
other ﬁnes are in and by the above-recited act appointed to be
levied and paid.
[Section IV.] And be it further enacted, That if any of the
said commissioners shall refuse or neglect to do his duty in the
premises, he or they, so offending, shall be ﬁned by the gov-
ernor or his deputy and council, for the time being, in any sum
not exceeding ten pounds, to be levied as aforesaid, by virtue of
a warrant. under the hand and seal of the governor or his
deputy, and paid to the treasurer as other ﬁnes are by the said-
recited act appointed to be paid. And upon such refusal or
neglect or in. case any of the said commissioners shallhappen
to die during the continuance of this act, the governor or pro-
vincial treasurer, for the time being, shall forthwith appoint
others to act in their stead.
[Section V.] And be it further enacted by the authority
aforesaid, That the said recited vact and all the powers, pro-
visions, penalties, clauses, matters and things therein con-
tained (except only such part and parts of the same act, touch-‘
ing which other provisions or alterations are made by this act)
shall continue and be of full force, together with this present
a 7 l 5] The Statutes [at Large 0/_Pennsy/vania.
125'
act, until the taxes and assessments in the said-recited act
mentioned are fully collected and paid; and shall be applied,
practised, and executed, for the raising, levying, collecting,
answering and paying the said taxes and assessments accord—
ing to the tenor and intent of this and the said-recited act, as
fully to all intents and purposes as if the said-recited act, and
every clause, matter and thing therein contained (and not
hereby altered) had been again repeated in this act.
(Passed October 29, 1715. Apparently never submitted to the con-
sideration of the ‘Crown. See Appendix IV, Section II, and the Act
of Assembly passed May 28, 1715, Chapter 215.

CHAPTER CCXX.
AN ACT .Eo'R @RJE'VIvI-NIG or‘ AJCTIONS AND PROCESS LATELY DEPEND—
I'NlG IN‘ THE contains OF THE COUNTY OF CHESTER, AND FOR SUP-
PLYINIG OTHER DEFECTS 'RELA'TillNiG To PROCEEDINGS AT LAw IN
ALL THE Ioounrrs OLE‘ oom/IMoN HIIEAs IN THIS PROVINCE.
Whereas by the late law of this province for establishing the
said courts, the day whereon the court of common pleas by
the former law was to begin, is altered, and no copy of the new
law being sent to the said county of Chester, the justices and
ofﬁcers were not ascertained of the return days now appointed;
by reason whereof divers returns and continuances of pleas and
process were made to the second day, instead of the ﬁrst day, of
the two last courts, which may prove a great delay of justice,
and very expensive to the parties concerned, if a due and timely
provision be not made in that behalf:
[Section 1.] Therefore be it enacted by Charles Gookin, Es~
quire, by the royal approbation Lieutenant-Governor under
William Penn, Esquire, Proprietary and Governor-in-Chief of
the Province of Pennsylvania, by and with the advice and con
sent of the freemen of the same Province in General Assembly
met, and by the authority of the same, That all pleas, suits,
plaints, process, proceedings, indictments, information, bail
bonds, recognizances, causes, matters and things whatsoever
126
The Statutes at Large of Pennsylvania. [I 715
depending or being in the respective courts of common pleas
and quarter-sessions of the said county of Chester, which were
miscontinued, or not made returnable on the days now ap-
pointed for that purpose, by the said present law of courts, and
all writs and process whatsoever which were made returnable
to the courts of common pleas for the said county, on the ﬁrst
day of June and thirty-ﬁrst of August last respectively, shall
stand and be continued and revived to all intents, and are
hereby revived, continued and adjourned untoand shall and
may be proceeded upon, pleaded, heard, tried and adjudged at
the next court, to be holden for the said county on the twenty-
ninth day of November next.
And that all persons who were formerly let to bail by bond
or recognizance, and the actions upon which such bail was
given not determined, but by continuance or otherwise the
parties were to appear on the ﬁrst day of June and thirty-ﬁrst
day of August, shall appear at the said court, to be held on the
said twenty-ninth day of November next, and abide the orders
and rules of the court in such cases, under the penalty of for-
feiting any of the said bonds, obligations or recognizances re:
spectively; or under any other penalty that might have in-
curred upon the said persons, their pledges and sureties for not
appearing at the said respective days, if the courts had, by the
present law, been to have been holden or kept.
[.Section 11.] And be it further enacted, That all actions [sic]
or suits hereafter to be brought in any of the said courts of COD]-
mon pleas in this province, the ﬁrst process shall be writs of
summons, capias or attachment (as the case may require),
under the hand and seal of one of the justices of the said
courts; which writs shall contain and express the names of the
plaintiffs and defendants, and the day and place of their return.
And for better direction to the sheriff or coroner to take bail,
the sum of the debt or damages sued for shall be inserted
therein or indorsed thereon, and shall be made by the clerk or
prothonotary of the said respective courts, without any note or
praecipe required by the late act for ascertaining the practice,
&c. And that none of the said writs made and issued accord-
ing to the direction of this act shall abate for want of such
I 715] T lee Statutes at Large of Pennsylvania.
127
praecipe or for want of form, or for any variance whatsoever,
or for not expressing the precise nature of the action: and that
two shillings six pence be added to the clerk’s fee for every of
the said writs and making an entry thereof in a book, as here-
inafter is directed, anything in the said act or in any other act,
law or usage to the contrary notwithstanding. ‘
[Section 111.] And be it further enacted, That the clerks of
the said respective courts, who make the said writs, shall keep
books, wherein they shall enter the names of the plaintiffs and
defendants in every such writ, with the date thereof and the
debt or damages sued for and thename of the justice that signs
each writ, and the said clerks shall receive the fees due to the
justices for signing the said writs, which fees and all other
‘fees, due to the justices, shall be accounted for, and by the
clerks or sheriffs that receive the same duly paid to the justices
and be distributed as they shall direct.
IPassed October 29, 1715. Apparently never submitted to the con-
sideration of the Crown. See Appendix IV, Section II, and the Acts
of Assembly passed ‘May 28, 1715, Chapter 214; May 22, 1722, Chapter ~
255; March 20, 1724-25, ‘Chapter 285; April 13, 1791, ‘Chapter 1575;
April 20, 1795, ‘Chapter 1863; ‘March 21, 1806, P. L. 558; March 28,
1814, P. L. 352; February 22, 1821, L. 50; April 6, 1830, P. ‘L. 272;
April 14, 1834, P. L. 333; June 13, 1836, P. L. 568; April 4, 1837,
P. L. 377; April 14, 1838, IP. ‘L. 457; July 12, 1842, P. L. 339 _: April 2,
1868, P. L. 3; March 17, 1869, P. L. 8; April 6, 1870, 'P. ‘L. 960; May
24, 1878, P. L. 135; June 12, 1878, iP. L. 187; June 11, 1879, P. L.
125; July 8, 1885, P. L. 269; May 24, 1887, P. L. 197.
128
7 Statutes at Large of Pennsylvania. [I717
At a General Assembly begun and holden at Philadelphia,
the nineteenth day of August, A. D. 1717 , and continued by ad-
journment until the twenty-fourth day of the same month, the
following acts were passed:
CHAPTER CCXXI.

‘AN ACT FOR RAISING A SUPPLY OF ONE ‘PENNY lPE‘R 'POUNED AND
FOUR S'HIIJLINIGS A HEAD.
Forasmuch as the provisions heretofore made prove short to
answer the present exigencies of the government,
Therefore we, the representatives of the freemen of the prov-
ince of Pennsylvania, do earnestly desire that it may be en-
acted: ~
[Section I.] And be it enacted by William Keith, Esquire, by
the King’s royal approbation Lieutenant-Governor under Wil-
liam Penn, Esquire, Proprietor and Governor-in-Chief of the
Province of Pennsylvania, by and with the advice and con-
sent of the freemen of the said Province in General Assembly
met, and by the authority of the same, That there shall be
levied and raised on all the estates, real and personal, of all and
every person and persons within this province (the estate of the
Proprietary and Lieutenant-Governoronly excepted, and also ex-
cepting household goods and implements used in trade and get-
ting a livelihood; having a due regard to such as have a charge
of children, the clear value of whose estates, both real and per-
sonal, amount not to thirty pounds) the sum of one penny for
every pound, clear value of the said estates, to be paid by the
owners or possessors thereof, and that every single person or
freeman, who at the time of assessment shall be of the age of
twenty-one years and hath been out of his apprenticeship or ser-
vitude the space of six months, and is not worth in lands, goods
I 717] The Statutes at Large 0f Pennsylvania.
129
or chattels to the value of ﬁfty pounds, shall pay the sum of
four shillings. And that all and every man-servant, who at
the time of the said assessment shall receive wages for his or
their service, shall pay the sum of four shillings. All which
said several sums, to be raised as aforesaid, shall be assessed
and levied as by this act is directed, and shall be paid for the
uses hereafter mentioned.
[Section IL] And be it further enacted by the authority
aforesaid, That the persons hereafter named shall be commis-
sioners for the effectual putting this act in execution in each
county: (That is to say) for the county and city of Philadelphia,
William Fishbourn, Benjamin Vining and Joseph Redman; for
the county of Chester, David Lloyd, John Maris and David
'Harry; and for the county of Bucks, Thomas Stevenson, J ere-
miah Langhorne and John Sotcher, which said commissioners
are hereby empowered and required to meet together on the
third day of October next at the place where the courts in the
said respective counties are usually held, and at such other
times and places as the said commissioners, or any two of them
respectively, shall then after agree upon.
And the said commissioners, or any two of them respectively,
shall, at their ﬁrst meeting, order the respective sheriff of each
county to summon the elected assessors for the time being, to
meet them on the twenty-ﬁrst day of October then next ensu-
ing.
And the said commissioners shall at their ﬁrst said meeting
issue forth their precepts (which the clerk of the peace in each
county is hereby required forthwith to draw and dispatch) di-
rected to the constables of every township, requiring them to
bring to the said assessors, on the said twenty-ﬁrst day of Oc-
tober aforesaid, certiﬁcates in writing of the names and sur-
names of all and every the persons dwelling or residing within
the limits of those townships or places with which they shall
be charged. and the names of all freemen, inmates, hired serv-
ants and all other persons chargeable by this act, together
with an account of what lands and tenements they respectively
hold in such townships, and how much of the said land is sowed
with corn, and how many bound servants and negroes, with
their ages, and what stock of cattle, horses and. sheep they
130
The Statutes at Large 0f Pennsylvanza. ‘ [I 7I7
' possess, without concealment, fear, malice, favor or affection;
together also with a true account of all lands surveyed or taken
up in the said townships, belonging to persons not residing
there, upon pain of forfeiture of any sum not exceeding ﬁve
pounds, to be levied as by this act is appointed.
And each of the said constables shall by an order from one
or more of the commissioners, have and receive from the treas-
urer hereafter named, viz., the constables in and for the city of
Philadelphia, one penny by the pound on the assessment, and
in the respective counties, three pence by the pound, for their
care and trouble in executing and returning the said precepts
of the commissioners, in manner aforesaid.
But before any of the said assessors shall take upon him
the employment and duty, which this act requires him to per-
form, he shall take an afﬁrmation to the effect following, to
Wit: - I ' ' "
Thou wilt well and truly cause the rates and sums of money
imposed by this act to be duly and equally assessed, according
to the best of thy skill and knowledge; and herein thou shalt
spare no person for favor or affection, nor any grieve for hatred
or ill-will. _
[which afﬁrmation any two or more of the commissioners, in
the city and county where the said assessment is made, shall
[have] power and are hereby required to administer.
And that the said assessors, or any four ofthem, shall meet
on the said twenty-ﬁrst day of October, and receive the said
constables’ return in each county; and shall thereupon by all
lawful means inform themselves of the true and clear value of
all estates and persons in their respective counties, ratable by
this act, and shall equally and impartially assess themselves
and all other [s] ratable, as aforesaid, in the sums hereby di-
rected to be set upon them respectively. L 5
And the said assessors ‘shall then and there divide the coun-
ties wherein they act into such districts as they shall think con-
venient, and appoint a constable or some other ﬁt person in
each district within the said counties to be collector of the said
assessment. 7 i
And shall cause the clerk of the peace to draw fair duplicates
of the assessment of each district, certiﬁed under his hand;
I 717] . T he Statutes at Large of Pennsylvania.
- one part of which duplicates shall be delivered by the said
clerk to the said commissioners, and the other part to the col-
lector of each district, on or before the twenty-ﬁfth day of No-
vember next, with a warrant annexed to the collector’s dupli-
cate, under the hand and seal of one or more of the commis-
sioners who signed the assessment, requiring him forthwith to
collect and receive from the persons assessed the several sums
in the said duplicates respectively mentioned, either in ready
money, or in good, ﬁne, merchantable ﬂour, at the current
market price, in sizable cask, full and well packed, to be
branded with the bolter’s mark, and delivered at Philadelphia
to the provincial treasurer, or his order, or else in good mer-
chantable wheat, at the current market price, to be delivered
at such market, mill or mills, in the said respective counties,
where the charge of portage thereof to Philadelphia shall not
exceed three pence per bushel.
And that the receipts for the said wheat or ﬂour [so to] be
delivered to the respective collectors by the persons paying or
delivering the same, as aforesaid, shall be taken by the said
collectors as payment from the persons by or from whom the
same are delivered as aforesaid.
And the said collectors are hereby required, as soon as they .
receive the said respective warrants and duplicates of the as-
sessments, to demand of the parties the respective sums of
money, wherewith they are chargeable; and acquaint them of
the day of appeal, which shall be appointed by the commis-
sioners to be on the ninth day of December next following.
But where the constable cannot meet the party of whom he is
to make the said demahd, he shall leave notice in writing with
some of the‘ family, or at the place of the party’s last abode,
signifying also the day of appeal.
And the said commissioners are hereby required to meet on
the said ninth day of December, at which time the assessors
shall attend, and the said commissioners shall then and there
strictly examine the persons appealing, upon their afﬁrmation,
or otherwise, concerning the cause of their appeal; and upon
such examination or'proof of others,'they are hereby empow-
ered to diminish or add to such persons rates or assessments, '
9——II
132
The Statutes at Large of Pennsylvania. [1 71 7
as they shall see just and reasonable; with power also to call
before them such persons, as they ﬁnd [are] omitted in the said
assessment, in order to assess them; and if they refuse or neg-
lect to appear, and give an account of the value of their estates,
they shall pay double the sum they should or ought to have
been rated at by this act.
And that the said clerks of the respective counties shall
within ten days after the said day of appeal, deliver to the pro-
vincial treasurer, a true account of the sums total, which every
collector shall be charged with pursuant to this act.
[Section III.] And be it further enacted, That the said col—
lectors shall once a month at least, render a just and true ac-
count of and bring in and pay unto the said provincial treas-
urer or his deputy, all such flour, sums of money, and receipts
for wheat, as they shall then have received, and shall pay the
whole and every of the sums of money assessed in their respec-
tive duplicates, on or before the tenth day of April, one thou-
sand seven hundred and eighteen.
And that the treasurer shall give receipts to the collectors,
for what they shall so bring in or pay, from time to time, which
receipts shall be the said respective collectors’ discharge for
so much. And the treasurer shall, from time to time, signify
in writing to the commissioners, how much each collector
brings in or pays, as aforesaid. And when any of them are
negligent, or refuse to do their duty in the premises, the treas-
urer is hereby required‘ forthwith to signify the same, by way
of complaint, to the commissioners where such neglect or re-
fusal shall happen. ‘
[Section IV.] And be it further enacted, That if any person
or persons, rated or assessed by virtue of this act, shall refuse
or neglect to pay the sum or sums so assessed in ready money,
or to deliver wheat or ﬂour in lieu thereof, in manner afore-
said, by the space of thirty days after demand made, as afore-
said, it shall and may be lawful for the said collectors respec-
tively, by virtue of a warrant signed and sealed by one or more '
of the said commissioners, who shall forthwith grant the same,
and shall thereby empower the said collectors to call to their
assistance, if occasion be, any constable or other person; and
I 717] The Statutes‘ at Large of Pennsylvania.
133
in case of resistance to break open doors and other things, and
make distress and sale of such person’s goods and chattels;
returning the overplus, if any be, to the owners, after reason-
able charges deducted.
But if no distress can be found by the collector, and the party
refuses or neglects forthwith to show them goods or chattels
sufﬁcient to satisfy the money then due, with reasonable
charges, then the collector shall take the body of every such
person, and bring him to the county gaol and deliver him to
the sheriff or keeper of the said gaol, who shall detain him in
safe custody, without bail or mainprize until payment shall be
made. .
Provided always, That where effects cannot be found sufﬁ-
cient to answer the whole sum in arrear, with charges as afore-
said, then distress shall be made for so much as such effects
shall extend to, and the party to be imprisoned only for the
residue thereof, with incident charges, all which charges of
distress, assistance and bringing to prison shall be adjusted
and settled by any two or more of the said commissioners
hereby appointed, when such occasion shall happen.
[Section V.] And be it further enacted, That if upon com-
plaint of the treasurer to the commissioners it shall appear
that any of the said collectors refuse or neglect to pay the said
sums of money or other effects which he or they shall be respec-
tively charged to collect or produce receipts, testifying the
payment or delivery thereof, as aforesaid, and deliver the
money, ﬂour or receipts for wheat, in manner and at the time
by this act required (retaining only such sums as is hereby al-
lowed for collecting and paying the same), it shall be lawful for
the said commissioners or any two of them, and they are hereby
required to meet, and issue out their warrants under their
hands and seals, directed to the sheriff or coroner of the proper
county, requiring him to take the body, and seize and secure
the estate real and personal belonging to such delinquent, or
which shall come into the hands or possession of his heirs,
executors or administrators, wherever the same can be dis-
covered or found in this province, and make return of his pro-
ceedings therein, at such time and place as the said commis-
sioners shall appoint.
134
The Statutes at Large of Pennsylvania. [1 717
And that the commissioners who shall, cause the said lands
and estates to be seized and secured, as aforesaid, shall be and
are hereby empowered to appoint a time for a general meeting
of the commissioners of such county and there to cause public
notice to be given where such meeting shall be appointed, six
days at least before such general meeting. And the commis-
sioners then present at such general meeting, or the major part
of them, in case the money detainedby such delinquent be not
then paid or satisﬁed, shall and are hereby empowered and re-
quired to issue forth their warrants or precepts to the sheriff
or coroner of the proper county, empowering and requiring him
to sell and dispose of all such estates as shall be for the cause
aforesaid seized and secured, or any part thereof, and to bring
the money arising by such sale to the commissioners who
granted such warrants, in order to satisfy and pay unto the pro-
vincial treasurer, for the time being, the sum or sums that shall
be [so] unpaid or detained in the hands of the said collectors,
or other persons, their heirs, executors or administrators re-
spectively, with damages for what shall be so unpaid or de-
tained, returning the overplus (if any be) to the owner, after
all necessary charges deducted.
And when any sale of lands, tenements or hereditaments
shall be made by such sheriff or coroner respectively, pursuant
to this act, the title and conveyance thereof shall be by deed,
signed, sealed and delivered by the sheriff or coroner, to such
person or persons as shall purchase the same in ‘fee-simple or
otherwise, which shall be most absolute and available in law
against the said delinquents, and their heirs and assigns, and
all claiming under them.
And that all gifts, grants and sales which shall be made by
any of the said delinquent collectors, or other ofﬁcers respec-
tively, ofany of their said estates, after the time they should
have paid the money or effects arising from the said assess-
ments (unless the estate so seized be sufﬁcient to answer what
they are in arrear), are hereby declared to be fraudulent, and
shall not prevent or avoid the seizures and sales hereby ap-
pointed to be made thereof as aforesaid.
[Section V I.] And be it further enacted, That all freemen
I 71 7] Ylze Statutes at Large 0f Pennsylvania.
I35
not being householders nor having a certain place of abode,
and all the said hired servants shall be taxed at the place
where they reside at the time of the constables’ taking their
names, as aforesaid; and that every householder shall at the
request of the said constables of the respective townships,
wards or places, give an account of the names, qualiﬁcations
and estates of such persons as shall sojourn, lodge or dwell in
their respective houses, under the penalty of forty shillings, to
be levied, charged and paid in manner aforesaid.
And if any such freeman shall not be found at such place of
residence, nor within the same township where their names
shall be taken as aforesaid, at the time when such respective
collector shall come to receive such householder’s assessment,
then unless such freeman or servant hath by himself or friend
paid, or unless such householder or employer doth pay the same
for him upon demand made thereof by the collector, then it
shall and may be lawful for every such collector to make dis-
tress and sale of the said householder’s or employer’s goods and
chattels for the same, rendering the overplus to the owner as
aforesaid.
[Section VII] Be it further enacted, That [if] the said treas-
urer shall refuse or neglect to do his duty, as by this act is
required, he shall be ﬁned by the commissioners appointed for
the county where he is deﬁcient of his duty, in any sum not ex-
ceeding ten pounds for every offense, which by virtue of a war-
rant, under'the hands and seals of the same commissioners or
any two of them, directed to the sheriff or coroner of the county
where the treasurer or his estate is at the time of issuing such
warrant, shall be levied by seizure and sale of lands, distress
and sale of goods, or imprisonment of body, as the case shall
require. \
And if any of the said commissioners shall refuse or neglect
to do his duty in the premises, he or they so offending shall be
ﬁned by the governor or his deputy in any sum not exceeding
ten pounds, to be levied by virtue of a warrant, under the hand
and seal of the governor or his deputy, and paid to the treas-
urer as other ﬁnes are hereby appointed to be paid, and upon
such refusal or neglect, or in case any of the said commissioners
The Statutes at Large of Pennsylvania. [1 7 I 7
shall happen to die during the continuance of this act, the
governor or provincial treasurer, for the time being, shall forth-
with appoint others to act in their stead.
And if any of the said assessors shall refuse or neglect to do
their duty, as this act requires, the commissioners of the proper
county, or any two of them, shall ﬁne every such assessor, in
any sum not exceeding ten pounds, which by virtue of a war-
rant, under the hands and seals of any two of the said commis-
sioners, directed to the sheriﬁ or coroner of the proper county,
shall be levied as aforesaid.
And when any of-the said assessors refuse or neglect as
aforesaid, or shall happen to die during the continuance of this
act, the commissioners shall forthwith appoint others to act in
their stead.
All which said ﬁnes and all other ﬁnes and forfeitures men-
tioned in this act, shall be levied as aforesaid, and shall be paid
to the pro-vincial treasurer, for the same uses as by this act is
appointed for other moneys hereby intended to be raised.
And the said commissioners shall be allowed four shillings
and six pence, each, for every day’s attendance, which, together
with reasonable charges of clerks and other ofﬁcers, as the
said commissioners in their respective counties (by order under
the hands of the major part of them) shall think ﬁt to allow,
shall be paid by the collector, and discounted by the provincial
treasurer. - i
And the said assessors for their labor and pains in the prem-
ises, shall be allowed and paid three pence per pound of the
whole assessment of their respective counties, to be paid by the
collector to such as attend the service and equally divided
amongst them.
And the said collectors shall retain in their hands nine pence
per pound, for all sums of money by them respectively col-
lect-ed.
And the respective county clerks, for their pains and trou-
ble in writing and delivering the duplicates, and all warrants
relating to the premises, shall have and receive as followeth,
viz.: The clerk of Philadelphia, ﬁve pounds; the clerk of Ches-
ter, three pounds; and the clerk of Bucks, forty shillings;
I 717] The Statutes at Large of Pennsylvania.
137
which the provincial treasurer is hereby required to pay to
them respectively.
And if any of the said clerks shall refuse or neglect to do
his or their duty, as by this [act] is required, he or they shall be
ﬁne-d by the commissioners of the proper county in the sum of
ﬁve pounds each, to be levied and paid as aforesaid; and in
case of death, neglect or refusal of any of the said clerks,
the commissioners shall forthwith appoint others to act in
their stead.
Provided always, That if any person or persons be sued or
prosecuted for lanything done in pursuance of this act, such
person or persons, so sued or prosecuted, may plead the general
issue and give this act and the special matter in evidence for
their justiﬁcation; and if the plaintiff or prosecutor become
non-suit, or forbear prosecuting or suﬁer discontinuance, or if
a verdict pass against him in such action, suit or information,
the defendant shall have treble costs, as in any case where costs
by law are given to defendants.
Provided always, That no person or persons shall be sued or
prosecuted for neglect in executing of this act, unless he or
they shall be sued or prosecuted within twelve months after
such offense committed.
Provided also, That no proceedings prescribed or required
by this act against collectors and other ofﬁcers refusing or neg-
lecting to comply therewith, shall be staid by certi'orarzf, habeas
corpus or otherwise, any law or usage to the contrary notwith-
standing.
[Section VIII.] And be it further enacted by the authority
aforesaid, That Samuel ‘Preston, of Philadelphia, merchant,
shall be and hereby is appointed provincial treasurer for re-
ceiving of all the moneys intended to be raised by this act, and
of all the ﬁnes and forfeitures arising thereby; and that the
treasurer for the time being, before he enter upon the exe-
cution of his oﬁice, shall become bound to the governor, with
one or more sufﬁcient sureties, in an obligation of one tho-u-
sand pounds, condition[ed] for the true performance of his
office and due observation of this act; and in case of his death
or removal, the assembly for the time being, if sitting, but if
‘T/ze Statutes at Large of Pennsylvania. [1 717
no assembly then sitting, the governor and council shall ap-
point one to supply his place, until the next meeting of assem-
bly, who shall give security, as aforesaid.
[Section IX.] And be it further enacted by the authority
aforesaid, That all the moneys arising by virtue of this act, as
well as the money remaining due to the public upon the bal-
ance of the provincial treasurer’s account, [and] all other
moneys which now are or hereafter shall come to the said pro-
vincial treasurer’s hands, deducting ﬁve per cent for his trou-
ble in'p-aying and receiving the same, shall by him, his heirs,
executors or administrators be paid in manner following: (That
is to say) ﬁrst, the immediate services of this assembly, by
order of this house, under the Speaker’s hand, shall be dis-
charged and paid; secondly, the sum of ﬁve hundred pounds
shall be paid to the Honorable William Keith, Esquire, lieu-
tenant-governor of this province, his executors, administra-
tors or assigns; thirdly, all public debts, for which orders of
payment are or have been issued under the Speaker’s hand,
shall be discharged; next, all other public debts, allowed by
order of this assembly, under the Speaker’s hand, shall be paid
and discharged; and the residue (if any) shall remain as a
public stock in the said provincial treasurer’s hand, to be dis-
posed of as the governor and assembly of this province, for the
time being, shall order and direct, and not otherwise.
Passed August 24, 1717. Apparently never submitted to the con-
sideration of the Crown. See Appendix IV, Section II.

CHAPTER CCXXII.

AN ACT FOR THE BETTER REGULATING OF ELECTIONS 0F sHERIF-Fs,
OOEONERS AINlD AssEssO-Rs. _
Whereas the manner of carrying on the said elections, differ-
ing from the peaceable method established for choosing mem-
bers of assembly, has occasioned some disorders and tumults.
which should be avoided for the future: -
1 71 7] T lie Statutes at Large of Pennsylvania.
I39
[Section 1.] Therefore it is enacted by the authority aforesaid,
That such persons as have no right to elect or be elected,accord-
ing to a law of this Province made in the fourth year of the late
Queen Anne’s reign, entitled “An act to ascertain the number
of members of assembly, and to regulate the elections,” 1' shall
not have any right of electing or being elected sheriffs, coro-
ners or assessors in and for any county of this province.
And that all and every person and persons who, by virtue of
the said act, shall from time to time come to elect representa-
tives to serve in assembly, shall deliver in writing, to the
judges of those respective elections, in one piece of paper dis"
tinctly written, as well the names of eight persons for whom
they vote to serve in assembly, as also the names of a double
number of such persons as they would have to be sheriffs and‘
coroners; and also the names of six persons to be assessors, for
each county in this province.
And that the persons who, by majority of votes, given accord-
ing to the direction of this act, shall be chosen for sheriffs and
coroners in the said respective counties, shall be returned, pre-
sented and empowered to serve and act in their respective
ofﬁces, in manner and form, and under the penalties, qualiﬁca-
tions and directions speciﬁed in a law of this province, enti-
tled “An act for regulating‘ elections of sheriffs and coroners.” 2
And the persons so as aforesaid chosen to be assessors for the
said respective counties shall be returned and entered on record,
at the court of quarter-sessions in the proper county, next
after every such election, according to the tenor and intent of
the law, entitled “An act for raising county levies,” 3 and shall
be enabled to act as assessors, pursuant to the powers given
them by that or any other act or law of this province.
[Section 11.] And be it further enacted, That the inhabit-
ants and freeholders of the city of Philadelphia, shall observe
and use the same method in choosing their assessors, as is
hereinabove directed for the choice of other assessors.
[Section 111.] And be it further enacted, That all and every
the above-mentioned acts and all other acts of assembly relat~
._—__
1 Passed January 12, 1705-6,‘ ‘Chapter 137.
2Passed January 12, 1705-6, Chapter 161.
3 Passed November 27, 1700, Chapter 32. '
9*—-1'I
140
The Statutes at Large of Pennsylvania. [1 717
ing to the said elections, and all the powers, provisions‘, pen-
alties, clauses, matter and things, therein contained (exce t
only such part and parts thereof touching which other provi-
sions or alterations are hereby made) shall continue and be in
full force, ‘as if the same were repeated and re-enacted in the
body of this act.
lPassed August 24, 1717. Apparently never considered by the
Crown, but allowed to ‘become a law by lapse of time in accordance
with the proprietary charter. 'See Appendix IV, Section II, and
Hill’s letter and Fane’s opinion in Appendix V, Section I, and
‘Constitution of 1790, Article VI, Section I; and also the Acts of
Assembly passed February 15, 1799, Chapter 2020; April 11, 1799,
‘Chapter 2095; April 13, 1807, ‘P. L. 291; April 15, 1834, P. L. 537;
February 28, 1835, P. L. 45; March 4, 1842, P. L. 43; April 5, 1842,
'P. ‘L. 230; April 3, 1851, P. L. 320; February 2, 1854, P. L. 21; May
8, 1855, P. ‘L. 509; April 18, 1857, P. L. 239; March 26, 1859, P. L.
262; April 11, 1862, -P. L. 431; February 14, 1889, P. L. 7; May 8,
1889, P. L. 133.
‘I 71 7—1 8] The Statutes at Large of Pennsylvania. I41
J
At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1717, and continued by ad-
journments until the nineteenth day of September, 1718, the
following acts were passed:
CHAPTER CCXXIII.
AN AlCT FOR I/AYING A DUTY U'PlON SUNIDRY LIQUO-RS RE'TAILE'D IN
THIS PROVI‘NICE.
For the more speedy payment of some public debts and an-
swering the present exigencies of this government,
May it please the governor that it may be enacted:
[Section I.] And be it enacted by William Keith, Esquire, by
and with the King’s royal approbation Deputy-Lieutenant and
Governor under William Penn, Esquire, Proprietary and Gov-
ernor-in-Chief of the Province of Pennsylvania, by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by and with the authority of the
same, That from and after the ﬁve-and-twentieth day of March,
i-I'Tthe year of our Lord one thousand seven hundred and eight-
een, there shall be throughout this province raised, levied,
collected and paid for the space of three years then next fol-
lowing the duties hereinafter mentioned: (That is to say) after
the rate of twelve pence per gallon for all wine, and twelve
pence per gallon for all rum and other spirits retailed or sold
by any quantity less than one gallon and delivered at one time
and to one person. That every retailer of any of the liquors
aforesaid, before they sell by retail any of the said liquors, shall
give in their names to the ofﬁcer hereinafter appointed to col-
lect the duties by this act arising under the penalty of ten
pounds, and shall have a certiﬁcate gratis, under the officer’s
hand, of their having done the same, which ofﬁcer shall enter the
I42
T/ze Statutes at Large of Pennsylvania. [I 71 7—18
names of all such persons in a book for that purpose; and the
said retailer shall account with the ofﬁcer every six weeks, or
oftener if thereunto required, and shall pay unto the said
ofﬁcer upon the settling the said account, such sum as the said
retailer shall be found in arrear for the duties aforesaid; and
in case the said retailers shall refuse [to] account with the said
ofﬁcer 'and to pay the said duties after having so accounted,
upon complaint and proof made thereof before any two or more
of the justices of the peace of the city or county where such
refusal shall be, the said justices shall ﬁne the offender in the
sum of ﬁve pounds and commit them to prison, there to remain
till they account for and pay the said duties together with the
said ﬁne, which said ﬁne and all other ﬁnes and forfeitures by
this act arising and every of them, except such part or parts
thereof as are otherways appropriated by this act, shall be paid
to the provincial treasurer for the same uses to which duties
by this act arising are appointed or intended.
[Section 11.] And be it further enacted, That if any person
(other than such as shall have a certiﬁcate from the ofﬁcer
as aforesaid) shall presume during the said term to sell by
retail any quantity less than one gallon of any of the liquors
aforesaid, and be convicted thereof by the oath or afﬁrmation
of one or more credible witnesses, before any two or more of the
justices of the peace of the county or city where the offense was
committed, such persons shall be by the said justices ﬁned in
the sum of ﬁve pounds for the ﬁrst offense, and for the second
and every other offense the sum of ten pounds, and not under.
And such persons shall by the said justices be committed to the
common gaol, there to remain till payment thereof be made,
one-third part ofwhich said ﬁnes shall go to the ofﬁcer or person
who shall prosecute for the same, and the residue to the said
treasurer for support of government.
[Section 111.] And be it further enacted, That the said ofﬁ-
cer may enter into the cellar or other room of any public-house
keeper to gauge or examine their liquors when and as often as
he shall think ﬁt, and upon [their] refusing him so to do he may
force and break open the doors to gauge or examine the same.
Provided always, That there shall be allowed to the retail-
ers of the liquors aforesaid ten per cent for leakage or wastage,
1 717-18] T lie Statutes at Large of Pennsylvania.
I
and if any cask happen to start or burst no duty shall be reck-
oned for the liquors lost by such starting.
[Section IV .] And be it further enacted, That Owen Roberts
of Philadelphia, gentleman, shall be and is hereby appointed
the ofﬁcer aforesaid, who is empowered to collect, levy and re-
ceive the duties, ﬁnes and forfeitures aforesaid, by this act laid,
who shall give sufﬁcient security to the treasurer for the faith-
ful discharge of his duty in the premises, and for his accounting
with and paying the treasurer as aforesaid, and shall be al-
lowed by the treasurer after the rate of ten- per cent for his
receiving and paying of the moneys by this act arising, and
shall appoint ofﬁcers and collectors under him in the counties
of Bucks and Chester for whom he shall be answerable.
[Section V.] Provided always, and be it further enacted,
That in case the said Owen Roberts shall refuse to take upon
him to be the ofﬁcer or collector of the said duties, or having
taken the same upon him, shall afterwards neglect or decline
the same, or misbehave himself therein, that then and in such
case the treasurer is hereby empowered and required to ap-
point another in his place or stead, who shall have the same .
power and authority as by this act is given to the said Owen
Roberts, until the assembly appoints another, and who, when
chosen, shall be invested with the same powers and be subject
to’the same restrictions and penalties as this act directs and is
by this act given.
[Section VI.] And be it further enacted by the authority
aforesaid, That all moneys which by virtue of this or any other
act passed this present session of assembly and not otherwise
appropriated by the same, together with the ﬁnes and for-
feitures arising by this and the said acts, shall come to the
public treasurer’s hands, deducting two-and-a-half per cent
only for his trouble in receiving, and the like for paying the
same shall be paid by him, his executors or administrators in
manner following: (That is to say) ﬁrst, the immediate services
of this present assembly by order of this house issued under
the Speaker’s hand shall be discharged and paid; next the
sum of four hundred pounds, part of the sum of eight hundred
pounds agreed by this assembly to be paid for the support of
the lieutenant~governor, Y'Villiam Keith, Esquire, shall be paid
I44-
Yke Sz‘kzz‘utes at Large 0f Pmnsy/aam'a. [I 717-18
to him, his executors or assigns; next the sum of seventy-ﬁve
pounds, part of the sum of one hundred and ﬁfty pounds
agreed by this assembly to be paid to the chief-justice of this
province, David Lloyd, his executors or assigns, shall be paid
and discharged; next the sum of four hundred pounds, residue
of the said sum of eight hundred pounds, shall be paid to the
said lieutenant-governor, W’illiam Keith, Esquire, ' his exe-
cutors or assigns; next the remaining seventy-ﬁve pounds to
the said chief-justice, his executors or assigns, shall also be
paid and discharged; and the residue (if any) shall remain in
the treasurer’s hands as public stock, to be issued and disposed
of as the assembly of this province for the time being shall di-
rect and appoint, and not otherwise. ~
[Section V III.] And be it further enacted, That every of the
retailers aforesaid shall be obliged, upon their oaths or solemn
afﬁrmations respectively (which the said collector is hereby
fully empowered from time to time to administer) to render
just and true accounts of all liquors retailed as aforesaid and
pay the duties hereby imposed and the said collector shall
likewise be obliged, upon oath or afﬁrmation, which the said
treasurer is hereby empowered to administer, to account with
and pay the several sums by this act arising to the said treas-
urer; and that the constables of the respective towns and
counties of this province shall be aiding and assisting to the
said ofﬁcer or his deputies in the execution of the premises (if
required); and if the said ofﬁcer or his deputy or any constable
shall be sued or prosecuted for anything by them done in pur-
suance of this act, he-or they may plead. the general issue and
give this act in evidence for their justiﬁcation; and in case a
verdict shall be given against the prosecutor, or he shall be-
come non-suit, or shall suffer a discontinuance, the defendant
shall recover treble damages, to be recovered as is usual in
such cases.
‘Passed February 22, 1717-18. ‘Apparently never submitted to
the consideration of the Crown. See Appendix IV, Section II,
and the Act of Assembly passed April 25, 1719, |Chapter 239.
Expired.
I7I 7—18] 7/ze Statutes at Large of Pennsylvania.
I45
CHAPTER CGXXIV.

AN ACT FOR THE BETTER ENCOURAGING ‘THE TRADE OF THIS
‘PROVINCE.
Whereas the trade and prosperity of this province in great
measure depend upon the regular importation of suitable mer-
chandises directly from Great Britain, or the place of growth,
as also from such of His Majesty’s colonies as are willing to
take the growth and product of this province in return or pay-
ment for the same.
And forasmuch as divers of our neighboring colonies (by
their non-compliance with the late act of parliament for "ascer-
taining the rates of foreign coins, or by their laying duties not
only upon the product of this country, but upon such British
commodities as are exported from thence to those colonies),
have drawn‘ [away] a considerable part of our current cash,
to the great prejudice of the trade of the inhabitants of this
province: For preventing whereof for the future, we, the re-
presentatives of the freem en of the said province do desire that
it may be enacted: -
[Section 1.] And be it enacted by William Keith, Esquire, by
and with the King’s royal approbation Deputy-Lieutenant and
Governor under William Penn, Esquire, Proprietary and Gov-
ernor-in-Ohief of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That from and after the publication of this act, for all goods,
wares and merchandises which shall be imported, landed or
brought into this province in any ship, sloop, boat or other
vessel, or by any other ways and means whatsoever, from New
York or Maryland, or by way of New Jersey, or the Lower
Counties on Delaware, or colored 1 by any of the inhabitants of
1 “ To color strangers’ goods ” is when a freeman permits a for-
eigner to enter goods in his name at the Custom House, to pay but
single duty, when he ought, by law, to pay double—Bailey.
The Statutes at Large of Pennsylvania. [1 71 7—1 8
Virginia, there shall be paid the rate of ten per cent, lawful
money of America, upon the true value thereof. And that all
merchants, masters of vessels, and other persons whatsoever,
who shall import, land or bring into this province, as aforesaid,
any goods, wares and merchandises, shall within twenty-four
hours after the importation, landing or bringing in of the same,
make entry with the collector hereinafter appointed, and give
or cause to be given to him, upon oath or afﬁrmation, a just and
true invoice and account of the particulars of all such goods,
wares and merchandises so imported, landed, or brought in, as
aforesaid. And the said collector thereupon shall give such
merchant, master of such vessel, or other person importing the
same, a permit for landing and disposing of such goods, wares
or merchandises, for which he shall receive and take from the
importer twelve pence, and no more.
And that every importer, owner or claimer of such goods,
wares or merchandises, shall immediately upon landing or
bringing [in] thereof, pay the said duty of ten per cent in ready
money, or otherwise become bound, with one or more sufﬁ-
cient sureties, in double the value thereof, to account, answer
and pay the said duty within three months next after the date
of such obligation, for which the said collector shall receive of
the party one shilling and six pence and no more.
Provided always, That nothing herein contained shall ex-
tend to hinder or debar the importation of any goods ‘from
Great Britain by way of Maryland or New York [and not pur-
chased in either of those provinces] duty free, where the prop-
erty of such goods shall belong to some of the inhabitants of
this province, anything herein contained to the contrary not-
withstanding. ‘
And if any goods, wares or merchandises shall be landed or
brought into this province after the publication of this act,
without making entry and taking a permit from the collector
for the time being, as aforesaid, and without paying or giving
such security for paying the duty, as aforesaid, then all and
every such goods, wares and merchandises shall be forfeited,
one moiety thereof to the governor for support of government,
and the other moiety to the collector, or such other person or
persons as will inform or sue‘ for the same in any court of
I 717—-I8] T lie Statutes at Large of Pennsylvania.
147
record in this province, by bill, plaint or information, wherein
no essoin, protection or wager of law, nor any, more than one
imparlance shall be allowed.
And if any person or persons, inhabitants of this province, or
others, shall sell or expose to sale any goods, wares or mer-
chandises so imported, and not duly entered and the duty
thereof paid, or secured to be paid according to the direction of
\this'act, such person or persons shall for every such offense,
forfeit and pay the sum of one hundred pounds, the one-half
to the governor, for support of government, and the other
moiety to the collector, or such other person as will sue for the
same in manner aforesaid.
[Section 11.] And be it further enacted by the authority
aforesaid, That the collector of the said duty arising by this act
shall have full power and authority by virtue of this act, with-
out any further or other warrant, to enter on board any ship or
vessel or into any shop, house, warehouse, cellar or other place
whatsoever, where he shall have cause to suspect any of the
said goods, wares and merchandise to be concealed, and make
searches, seizures, and do any other matters and things which
may have a tendency to secure the payment of the said duties
and the due and orderly collection thereof; and in case of op-
position or refusal the said collector is, by virtue of this act,
required to take to his assistance any sheriff, water-bailiff,
constable or constables, and to seize and secure the said goods,
wares and merchandises as aforesaid; and for that end and
purpose to break open doors, and other obstacles, and to do and
perform all other acts which in the execution of his ofﬁce are
necessary ‘and lawful to be done, in as full and ample manner
to all intents and purposes as any of the collectors or ofﬁcers
of the King’s customs may or can do by the laws of Great
Britain.
[Section 111.] And be it further enacted, That any sheriff,
water-bailiff or constable refusing or neglecting to assist the
said collector in the execution hereof, without any other war-
rant for so doing than the authority of this act, shall forfeit
and pay for every such refusal or neglect in that behalf the
sum of ﬁve pounds, to be recovered and disposed of, as afore-
said.
10-11
148
The Staz‘uzfes a! Large 0f Pennsylz/mzz'a. [I 71 7-18 ‘
[Section IV.] And be it further enacted, That all masters
of vessels, owners and other persons trading in the river Dela-
ware, and entering into any port or place of this province, hav~
ing on board any of the goods, wares ormerchandises, which
by virtue hereof are liable to pay the said duties, shall and are
hereby required to comply with the directions of this act, as
fully to all intents and purpose-s as if such vessel came from
sea directly. And all persons obliged by this act to pay any
the duties aforesaid, shall apply to the collector of the said du-
ties without any notice given, or being otherwise thereunto re-
quired by him, for so doing.
[Section V.] And be it further enacted, by the authority
aforesaid, That the provincial treasurer for the time being,
shall be and is hereby appointed and authorized to be receiver
of the duty and forfeiture arising by this act; land that Owen
Roberts of Philadelphia, gentleman, shall be and is hereby ap-
_ pointed collector of the said duty hereby imposed, who is hereby
fully empowered and required to appoint a deputy in each
county of this province; and is also further empowered by
himself and his deputies, for whom he shall be answerable, to
make searches for the said goods and merchandises which by
virtue of this act are liable to pay the said duties; as also to
demand and collect and receive the same, make seizures and
commence suits in law upon non-payment of the said duty or
non-compliance with the direction of this act.
And the said collector is hereby empowered and required to,
take all bonds hereby directed to be given, and to administer
such oaths or affirmations as may be requisite for the more
effectual putting this act in execution.
And the said collector shall keep fair and true accounts in
writing of all his doings, relating to the premises, which he
shall from time to time submit to the view and inspection of
the provincial’ treasurer, and lay the same before the assem-
bly, when thereunto required from time to time.
~ And the said collector shall once in six weeks, or oftener if
required, during the continuance of this act, pay unto the said
treasurer all such sums of money, which he shall receive by
virtue of this act, and shall deduct out of the same, for his
I 717-18] The Statutes at Large 0fPe1z1/tsytvama.
149
trouble in collecting it, one penny for every shilling so by him
paid, and no more.
And the said collector shall further be allowed by the said
treasurer, in the ﬁnal adjusting of his accounts, all reasonable
charges in the prosecution of the said seizures, and recovery
of any of the said forfeitures and penalties, in pursuance of this
act.
Provided always, That the said collector, before he enters
upon the execution of his said office, shall be sworn or attested
(before some one justice of the peace) and shall with one or
more sufﬁcient sureties become bound in an obligation of ﬁve
hundred pounds, to the treasurer, conditioned for the true and
faithful execution of his said office.
And if any of the said goods, wares and merchandises, so
to be imported as aforesaid, shall be seized in pursuance of this
act, and a doubt or question shall arise whether the same are
liable to pay the said duties, the proof shall lie wholly upon the
importer, possessor or claimer, and shall not be incumbent on
the governor, or any informer or prosecutor for the governor
and himself.
And if any collector or other oﬁcer shall be sued for any
act, matter or thing done by virtue of this act, such officer may
plead the general issue, and give this act and other special
matter in evidence, and if the prosecutor shall be cast, or be-
come non-suit. such prosecutor shall be liable to pay treble
damages to such ofﬁcer, to be recovered by bill, plaint or in-
formation in any court of record within this government as
aforesaid. '
Provided always, That no collector or other ofﬁcer shall be
‘liable to be sued for ‘any matter or thing done in pursuance of
this act, unless such suit be commenced within twelve months
next after the pretended or supposed injury shall be done or
committed.
[Section V 1.] And be it further enacted, That the duties
' hereby imposed upon goods imported or brought into this prov-
ince from New York or Maryland, or by way of New Jersey
or the Lower Counties upon Delaware, or colored by the inhab-
itants of Virginia, as aforesaid, shall continue in force so long
150
The Statutes at Large 0f fennsytvanz'a. [I 71 7—18
as the duties imposed upon goods imported by or for the inhab-
itants of this province, into New York or Maryland respec-
tively, shall continue, and no longer.
Passed February 22, 1717-18. Apparently never submitted to the
consideration of the Crown. See Appendix IV, Section II, and
the Act of Assembly passed March 30, 1723, Chapter 269.

CHAPTER CCXXV.

AN ACT FOR IJAYING A DUT‘Y ON WINE, ‘RUM, BRANDY, S'PIRIT'S, CDDE'R,
HOPS AND FLAX IMPORTED INTO T-HIS PROV'INICE.
To the end that due provision be continued for paying the
public debts and necessary charges of government:
[Section 1.] Be it enacted by \Villiam Keith, Esquire, by
the King’s royal approbation Deputy-Lieutenant and Governor
under William Penn, Esquire, Proprietary and Governor-in-
Chief of the Province of Pennsylvania, by and with the advice
and consent of the freemen of the said Province in General As-
sembly met, and by the authority of the same, That for all
wines and liquors, hops and ﬂax which shall be imported,
landed or brought within any port or place belonging to this
province, at any time after the last day of May, in the year of
our Lord one thousand seven hundred and eighteen, until the
ﬁrst day of June, which will be in the year of our Lord one
thousand seven hundred and twenty-onehthere shall be duly
levied, collected and paid the several rates and duties hereafter
mentioned: (That is to say)'
For every pipe of Madeira wine, belonging to any person or
persons residing in this province, which, within the time afore-
said, shall be imported or brought within any of the said ports
or places, by way of merchandise or otherwise, directly from
the place of growth or product, in any ship or vessel wholly
owned by some of the inhabitants of this province, the sum of
twenty shillings; and for every pipe of Fayal wine, imported
11717-18] T he Statutes at Large of Pennsylvania.
I51
and belonging as aforesaid, the sum of three pounds, and so
after that rate for a greater or lesser quantity. For every pipe
of Madeira wine, belonging to persons not residing in this prov-
ince, which shall be imported or brought in as aforesaid
within the time aforesaid, the sum of forty shillings; and for
every pipe of Fayal wine so belonging and imported, the sum of
three pounds, and after the same rate for a greater or lesser
quantity. '
' For every pipe of Madeira or Fayal wine not laden at the
place of its growth or product which shall be imported, as
aforesaid, within the time hereinbefore limited, the sum of ﬁve
pounds, and after that rate for a greater or lesser quantity, al~
lowing to every importer being an inhabitant of this province
out of all wines by him so imported over and besides leakage,
after the rate of ﬁve per cent for his own use, free of the said
duty.
And for every gallon of rum, brandy and spirits, belonging to
persons not residing in this province, which shall be imported
or brought within any of the said ports or places within the
time aforesaid, directly from the place of its growth or pro-
duct, two pence.
For every gallon of rum, brandy and spirits, so as aforesaid
imported within the time aforesaid, whether by persons belong-
ing to this place or others, not directly from the place of its
growth or product, four pence.
For all cider so imported within the time aforesaid (except
of the growth of the Lower Counties or West Jersey), the sum
of three shillings by the barrel. and after that rate for a greater
or lesser quantity.
And for ‘all hops and ﬂax, imported within the time afore-
said (except of the growth of the said Lower Counties or West
Jersey), after the rate of four pence by the pound.-
'And for the better and more sure collecting and receiving of
all and singular the said rates and duties hereby imposed:
[Section 11.] Be it further enacted by the authority afore-
said, That if any person or persons, within the time aforesaid,
shall import, or cause to be imported or brought within any
port, creek or harbor belonging to this province, by way of mer-
152
T/ze Sz‘az‘utes at Large 0fPe1/msylvamkz. [I 71 7-18
chandise or otherwise, any of the said liquors, hops or ﬂax, the
master or commander of every ship, shallop, vessel or other
person so importing or bringing in any of the said liquors, hops
or ﬂax shall not unload or put on board any lighter, shallop,
boat or bottom whatsoever, or lay on land‘ or suffer to be dis-
charged or put into any lighter, shallop, boat or bottom, or to
be laid on land out of any ship, sloop or other vessel aforesaid,
any of the said liquors, hops or ﬂax or any other goods, wares
or merchandise whatsoever, before such master, commander or
other person taking charge of the said ship, sloop, vessel or
goods for that voyage, shall have delivered or caused to be de-
livered, upon oath or afﬁrmation to the collector or ofﬁcer
hereby appointed to collect the said duties, a true and just ac‘‘
count or manifesto of all the said liquors, hops, ﬂax, goods,
wares and merchandises so by him or them imported or
brought in, as aforesaid, with the particular marks, numbers,
qualities and contents of the lading, to the best of his or their
knowledge; also Where and in what port or place the vessel
took in her lading, and by Whom shipped, and to whom con-
signed or belonging: which the said collector shall duly enter 1
in a book for that purpose, and thereupon shall grant a permit
gratis for landing the same.
And the said collector is empowered to administer every
oath or afﬁrmation hereby required.
And that every importer, owner or claimer of such liquors,
hops or ﬂax, shall immediately pay down the said duties hereby
imposed, in ready money, or otherwise become bound to the
provincial treasurer for the time being, with one or more suffi-
cient sureties, or procure two other sufficient persons to be
bound to the said treasurer, to answer and pay the respective
rates and duties hereby imposed upon such importation, within
four months after the date of the said obligation, for which
bond the collector shall receive of the party one shilling and
six pence, and no more. And,where the said duties shall be
paid down, the parties paying the same shall have an allow-
mice by way of rebate or deduction out of the same after the
'rate of ten pounds per cent in consideration of such ready
money so paid or advanced.
I 71 7—1 8] The Statutes at Large 0f Peuusytvauuz.
I53
[Section 111.] And be it further enacted by the authority
aforesaid, That if any of the said liquors, hops or ﬂax shall be
imported ‘within the time aforesaid, or shall be unladen,
landed or carried away before the said master or commander
of the vessel importing the same hath delivered to the said col-
lector an account or manifesto of the goods and merchandises
imported, as aforesaid, every such master or commander shall
forfeit and pay the sum of one hundred pounds, one-half thereof
to the governor for the support of this government, and the
other half to the collector, or such other person as will sue for
the same, by action of debt, bill, plaint or information in any
court of record in this province, wherein no essoin, protection
or wager of law, nor any more than one imparlance shall be al—
lowed. ‘ p j (
And if any of the said liquors, hops or ﬂax shall be so im-
ported, unladen or landed, as aforesaid, without paying or giv-
ing security for the payment of the said duties, in manner afore-
said, that then the liquors, hops and ﬂax so imported, unladen
or landed or the value thereof (if the same cannot be found)
shall be forfeited by the owner, claimer or receiver thereof, one
moiety of which (after the duties hereby imposed and all
charges of prosecution are deducted) shall go to the governor,
for support of this government, and the other moiety to the col-
lector,~or such other person as shall sue for the same in manner
aforesaid. ,
[Section IV.] And be it further enacted, That the said of-
ﬁcer now or hereafter appointed to collect the said duties aris-
ing hereby, shall have full power and authority by virtue of
this act, without any further or other warrant, to enter aboard
any ship or vessel and into any house, shop, cellar, warehouse,
room or other place whatsoever, where he shall suspect any
of the said liquors or hops to be concealed, and make searches,
and do all other matters and things which tend to the true pay-
ment of the duties by this act imposed, and the due and orderly
collection thereof; and in case of opposition or refusal, with
the assistance of the sheriff, water-bailiff, constable or other
ofﬁcer, without any further or otherwarrant (who, are hereby
enabled and required, under the penalty of ﬁve pounds for
154
.7/26 Statutes at Large 0f Pennsytoanza. [I 717-18
every refusal or neglect in that behalf, to be recovered as afore-
said, to be aiding and assisting to the said ofﬁcer or collector)
to seize the said liquors, hops and ﬂax which shall be concealed
or endeavored so to be as aforesaid. And for that end to
break open doors and other obstacles, and to do and perform all
other act and acts which by this act is required to be done for
collecting, receiving and recovering any of the said duties, pen~
alties as [or] forfeitures, or for making seizures of any of the
'said liquors, hops or ﬂax upon which the said respective duties
are hereby imposed, which shall be run, landed or brought in
without making entries and paying or securing the said duties
in as full and ample manner, to all intents and purposes, as any
of the collectors of the King’s customs may or can do by the
laws of Great Britain. ' '
Provided always,‘ That if any of the said imported liquors,
hops or ﬂax for which the said duties are paid or secured as
aforesaid, shall within the space of four months after importa-
tion be exported and carried out to sea, then and in such case
three-fourths of the said duties hereby imposed shall be abated
for such part of the said liquors, hops or ﬂax as shall be so ex-
ported, and upon payment of the remaining fourth part the se-
curity given shall be delivered up and discharged.
[Section V.] And be it further enacted, That all masters of
vessels, owners and other persons trading in the river Dela-
ware, and entering into any port or place of this province, hav-
ing on board any of the liquors, hops or ﬂax which by this act ,
are liable to pay the said duties, shall and are hereby required
to observe and comply with the directions of this act, as though
such vessels came from sea directly; and all persons by this act
obliged to pay any of the said duties, shall apply to the col-
lector of the said duties without any notice given or being
otherwise thereunto required by him for so doing.
[Section VI.] And‘be it further enacted by the authority
aforesaid, That Samuel Preston, of Philadelphia, merchant,
shall be and is hereby appointed and authorized to be provin-
cial treasurer for this province, and in case of his death or re-
moval of the assembly for the time being shall appoint another
in his stead. But if no assembly be sitting at thegtime of his
I 717-18] The Statutes at Large of Pennsylvania.
I55
death or removal, then the governor and council shall appoint
one to supply his place until the next meeting of the assembly.
[Section VI]..] And be it' further enacted, That Owen Rob—
erts, of Philadelphia, gentleman, shall be and is hereby ap-
pointed collector of the said rates and duties hereby imposed,
and receiver of all ﬁnes, forfeitures and penalties hereinbefore
appointed to be set, imposed and levied by virtue of this act,
‘which the said collector is hereby empowered to demand, col-
lect, receive and recover of and from all persons importing or
landing any of the said liquors, hops or ﬂax by this act ap-
pointed to pay the duties aforesaid, and shall from time to time
take all bonds hereby required to be given as aforesaid, and
cause the importer or claimer of any of the said goods upon oath
or afﬁrmation (which the said collector is hereby obliged to ad-
minister) to discover whether any of the said liquors, hops or
ﬂax so imported be the property of the inhabitants of this prov-
ince or others, and to oblige them to the payment of the said
duties accordingly. And in case any such claimer shall refuse
to discover upon oath or aﬂirmation, as aforesaid, to whom
such goods do properly belong, the said goods shall be for--
feited, one moiety thereof to the governor, and the other to the
collector or such other person or persons as shall sue for the
same in manner aforesaid.
And the said collector shall keep fair and true accounts in
writing of all his doings relating to the premises, which he
shall from time to time submit'to the view and inspection of the
provincial treasurer, and lay the same before the assembly
when thereunto required.
And the said collector shall once in six weeks, or oftener if
thereunto required, during the continuance of this act, pay unto
the said treasurer’s hands all such sums of money which he
shall receive by virtue of this act, and shall deduct out of the
same for his own use one penny in the shilling.
And the said collector shall be further allowed by the said
treasurer in the‘ ﬁnal adjusting of his account all reasonable
charges in the prosecution of the said seizures and recovery of
any of the said ﬁnes, forfeitures and penalties in pursuance of
this act.
The Statutes at Large of Pennsylvania. [1 7| 7——1 8
Provided always, That the said collector, before he enters
upon the execution of his said office, shall be sworn or attested
(before some justice of the peace), and shall with one or more
sufficient sureties become bound in an obligation of ﬁve hun-
dred pounds to the treasurer, conditioned for the true and
faithful execution of his said ofﬁce.
And if any of the said liquors, hops or ﬂax, so to be imported
as aforesaid, shall be seized in pursuance of this act and a
doubt or question shall arise whether such liquors, hops or ﬂax
are liable to pay the said respective duties, the proof that they
are not liable to pay the said duties shall lie upon the importer,
possessor or claimer, and shall not be incumbent on the gov
ernor or any informer or prosecutor for the governor and him-
self.
[Section VIIL] Provided nevertheless, and be it hereby en-
acted, That if the said collector, or any other person or persons
shall be sued or prosecuted for anything done in pursuance of
this act, he or they so sued or prosecuted may plead the general
issue and give this act and special matter in evidence for their
justification, and if upon trial thereof a verdict shall be given
against the prosecutor, or that the plaintiff or prosecutor shall
become non—suit or suffer a discontinuance, the defendant or de-
fendants in such action shall recover treble damages and full
costs of suit.
Provided also, That no collector or other ofﬁcer shall be
liable to be sued for anything done in prosecution of this act,
unless such suit be commenced within twelve months next after
the supposed or pretended injury shall be done or committed.
Passed February 22, 1717-18. Apparently never submitted to the
consideration of the Crown. See Appendix IV, Section II, and the
Acts of Assembly passed February 24, 1720—21, Chapter 240; May 12,
1722, Chapter 249. _ '
17 I 7—18] The Statutes at Large of Pennsylvania.
I57
CHAPTER GCXXVI.
-__.-__-_
AN ACT CONCERNING FEME SOLE TRADERS.
Whereas it often happens that mariners and others whose
circumstances as well as vocations oblige them to go to sea,
leave their wives in a way of shopkeeping; and such of them as
are industrious and take due care to pay the merchants they
gain so much credit with as to be well supplied with shop goods
from time to time, whereby they get a competent maintenance
for themselves and children, and have been enabled to discharge
considerable debts left unpaid by their husbands at their going
away. But some of those husbands, having so far lost sight of
their duty to their wives and tender children that their affec-
tions are turned to those who, in all probability, will put them
upon measures not only to waste what they may get abroad,
but misapply such effects as they leave in this province. For
preventing whereof, and to the end that the estates belonging
to such absent husbands may be secured for the maintenance
of their wives and children, and that the goods and effects
which such wives acquire or are intrusted to sell in their hus-
bands’ absence may be preserved for satisfying of those who so
intrust them, may it please the governor that it may be enacted,
[Section 1.] And be it enacted by William Keith, Esquire,
by and with the King’s royal approbation Deputy-Lieutenant
and Governor, under WVilliam Penn, Esquire, Proprietary and
Governor-in-Chief of the Province of ‘Pennsylvania, by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
where any mariners or others are gone or hereafter shall go to
sea, leaving their wives at shopkeeping or to work for their
livelihood at any other trade in this province, all such wives
shall be deemed, adjudged and taken, and are hereby declared
to be as feme sole traders, and shall have ability and are by
this act enabled to sue and be sued, plead and be impleaded at
Y/ze Statutes at Large of Pennsylvania. [171 7—18
law, in any court or courts of this province, during their hus-
bands’ natural lives, without naming their husbands in such
suits, pleas or actions. And when judgments are given against
such wives for any debts contracted or sums of money due from
them, since their husbands left them, executions shall be
awarded against the goods and chattels in the possession of '
such wives, or in the hands or possession of others in trust for
them, and not against the goods and chattels of their husbands;
unless it be made appear to the court, where those execu-
tions are returnable, that such wives have out of their separate
stock or proﬁt of their trade, paid debts which were contracted
by their husbands, or laid out money for the necessary support
and maintenance of themselves and children; then, and in such
case, execution shall be levied upon the estate, real and per-
sonal, of such husbands, to the value so paid or laid out and no
more. I
[Section 11.] And be it further enacted by the authority
aforesaid, That if any of the said absent husbands, being own-
ers of lands, tenements, or other estate in this province, have
aliened, or hereafter shall give, grant, mortgage or alienate
from his ~wife and-children any of his said lands, tenements or
estate, without making an equivalent provision for their main-
tenance in lieu thereof, every such gift, grant, mortgage or
alienation shall be deemed, adjudged and taken to be‘ null and
void.
Provided nevertheless, That if such absent husband shall
happen to suffer shipwreck, or be by sickness or other casualty
. disabled ‘to maintain himself, then and in such case, and not
otherwise, it shall be lawful for such distressed husband to sell
or mortgage so much of his said estate as shall be necessary to
relieve him and bring him home again to his family, anything
herein contained to the contrary notwithstanding.
But if such absent husband, having his health and liberty,
stay away so long from his wife and children, without making
such provision for their maintenance before or after his going
away, till they are like to become chargeable to the town or
place where they inhabit, or in case such husband doth or shall
live in adultery, or cohabit unlawfully with another woman,
1 717-18] Tne Statutes at Large of Pennsylvania.
I59
and refuses or neglects, within seven years next after his
going to sea or departing this province, to return to his wife
and‘ cohabit with her again, then and in every such case the
lands, tenements and estate belonging to such husbands shall
be and are hereby made liable and subject to be seized and
taken in execution to satisfy any sum or sums of money which
‘the wives of such husbands, or guardians of their children,
shall necessarily expend or lay out for their support and main-
tenance; which execution shall be founded upon process of
attachment against such estate, wherein the absent husband
shall be made defendant; any law or usage to the contrary in
anywise notwithstanding.
Passed February 22, 1717-18. Apparently never submitted to
the consideration of the Crown, but allowed to become a law by
lapse of time, in accordance with the proprietary charter. See Ap—
- pendix IV, Section II, Hill's letter and Fane’s opinion, in Appendix
.V, Sec-tion I, and the Acts of Assembly passed April 7, 1830, P. L.
387; ‘May 4, 1841, P. L. 307; May 4, 1855, P. L. 430.

CHAPTER CCXXVII.
“~—
AN ACT FO'R CONTINUING ‘A ‘DUTY ON NElG'R‘OE-S BROUGHT INTO T'HIS
PROVINCE. ‘
We, the representatives of the freemen of the province of
Pennsylvania, desire that it may be enacted: .
[Section 1.] And be it enacted by William Keith, Esquire,
by and with the King’s royal approbation Deputy-Lieutenant
and Governor under \Villiam Penn, Esquire, Proprietary and
Governor-in-Ghief of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Prov-
ince in General Assembly met, and by the authority of the
same, Thatfor every negro which shall be imported, landed or
brought within any port or place belonging to this province, at
any time after the last day of May, in the year of our Lord one
thousand seven hundred and eighteen, and the ﬁrst day of
160
The Sz‘az‘az‘es az‘ Large of Pennsylvania. [17'17—18
June, which will be in the year of our Lord one thousand seven
hundred and twenty-one, other than such negroes as are ac-
tually shipped for sailors and shall continue in the service of
the vessel they are brought in, and not be exposed to sale in'
this province, and other than such negroes as shall be brought
or sent into this province upon their master’s immediate ser-
vice and not for sale, there shall- be paid for the use hereafter
mentioned the sum of ﬁve pounds of lawful money of America.
And that all masters of vessels and others who shall within
the time aforesaid, bring into any port or place belonging to
this province by land or water any negroes, shall forthwith
make entry and give or cause to be given upon-oath or afﬁrma-
tion to the collector of the said duty for the time being, a true.
and just account of all the negroes so imported or brought in
and to whom they respectively belong, which account the said
collector shall duly enter in a book for that purpose. And
when the said duty for every of the said negroes is paid, or se-
cured as hereafter directed, then and not before the said col-
lector shall give a permit gratis for landing them. But where
the said duties shall be paid down in ready money the parties so
paying shall be allowed and abated out of the said duty after
the rate of ten per cent for every hundred pounds which the
duty so paid shall amount unto.
And that every such importer, owner or claimer of such ne-
groes shall immediately upon landing, or bringing in thereof,
pay down the said duty in ready money, or otherwise become
bound to the provincial treasurer for the time being, with one
or more sureties, or procure two other sufficient persons to be
bound to the said treasurer, to answer and pay the said duty
hereby imposed upon such negroes within four months next
after the date of the said obligation, for which the collector
shall receive of the party one shilling and six pence and no
more.
And if any of the said negroes shall be imported, landed or
brought in, within the time aforesaid, without making entry
and obtaining a permit, as aforesaid, or without paying or giv-
ing security for the payment of the said duty in manner afore-
said, that then all the said negroes so imported, landed or
I 717-18] Jae Statutes at Large 0f Peuusytz/auz'a.
161
brought in, or the value [of] them if they cannot be found,
shall be forfeited, one moiety thereof after the said duty and
all charges of seizure and prosecution are deducted shall go
to the governor for support of government, and the other half,
after the said deduction, to the said collector or such other per-
son as will sue for the same in any court of record in this prov-
ince by bill, plaint or information, wherein no essoin, protec-
tion or wager of law, nor any more than one imparlance shall
be allowed.
And if the said collector or other person shall sue for any of
the said forfeitures, or for importing or bringing in any negro
or negroes contrary to the direction of this act, the proof shall _
lie on the defendant or possessor of such negro to make appear
the time when and how and for what intent such negroes were
imported or brought into this province, and the possessor or
claimer of such negroes shall be reputed the importer or owner
thereof, and for want of such proof the negroes then in ques-
tion shall be adjudged forfeited by this act, or the value of
them if not to be found.
And that the collector of the said duty, arising by this act,
shall have full power and authority by virtue hereof, without
any further or other warrant, to enter on board any ship or
vessel and into any house or other place whatsoever, where he
shall suspect any of the said negroes to be concealed, and make
searches and do all other matters and things which may tend to
secure the true payment of the said duty and the due and or-
derly collection thereof.
And in case of opposition or refusal the said collector, with
the assistance of the sheriff, water-bailiﬁ, constable or other of-
ﬁcer, who without any further or other warrant are hereby en-
abled and required, under the penalty of ﬁve pounds for every
neglect or refusal in that behalf, to be recovered, as aforesaid,
to be aiding and assisting to the said collector, to seize the said
negroes which shall be concealed or endeavored so to be, as
aforesaid, and for that end to break open doors and other ob-
stacles, and to do and perform all other act and acts which by
this act is required to be done for collecting, receiving and
recovering the said duty, and the penalties and forfeitures
162
Y/ze Statutes at Large of Fennsytvanza. [I 71 7-18
therein mentioned, or for making seizures of negroes landed or
brought in without making entries, and paying or securing the
‘ said duty, in as full and ample manner to all intents as any of
the collectors or ofﬁcers of the King's customs may or can do
by ‘the laws of Great Britain.
[Section 11.] And be it further enacted, That all masters of
vessels and others trading in the river Delaware, and coming
into any port or place of this province, having negroes [on]
board, ‘which by this act are liable to pay the said duty, are
hereby required to comply with the directions of this act, as if
such vessel came from sea directly. .
And that all persons by this act obliged to pay the said duty,
shall apply to the said collector, without any notice given or re-
quest made by him for their so doing.
[Section 111.] And be it further enacted, That in case any
vessel shall arrive at any port, member, creek or landing place
in this province, with any negro or negroes [on] board, and
there remain for the space of twenty-four hours without mak-
ing entry, under pretense of going to some other port or any
other pretense whatsoever, the master or owner of the said
vessel shall give security to the said collector that he shall not
land any of the said negroes without entry made and permit
obtained from the said collector, under the penalty of seizure
and forfeiture to be recovered as aforesaid.
Provided always, That if any of the said negroes for which
the said duty is paid or secured as aforesaid, shall within the
space of four months after importation be exported or carried
out to sea, then and in such case three-fourths of the said duty
hereby imposed shall be abated for such of them as shall be so
exported, and on payment of the remaining fourth part the se-
curity given shall be delivered up and discharged, and the of-
ﬁcer shall and may deduct out of such re-payment two shillings
and six pence per head for his care and trouble therein.
Provided also, That all such negroes for which such deduc-
tions shall be made, shall actually and bona ﬁde be forthwith
shipped off or sent out of this province, so as not to return
again without complying with this act, under the penalty of
seizure and forfeiture, as aforesaid.
' 1717—18]
T/ze Statutes at Large of Pennsylvania.
Provided also, That if any person or persons shall, during the
continuance of this act, transport themselves with their fami-
lies and negroes, or send any of their negroes before them in
order to settle in this province, and oath or afﬁrmation be made
before the said collector, who is hereby empowered and re-
quired to administer the same, that such negroes so brought in.
or sent beforehand are for their respective masters’ own ser-
vice, and not for sale, none shall be liable to pay the said duty
for such negroes if before the landing of such negroes security
be forthwith given to the said collector (which he is hereby em-
powered and required to take from such of the masters of the
said negroes as come with them and from sufﬁcient persons for
and in behalf of the absent masters) by bonds of the full value of
such negroes conditioned for the payment of the rates aforesaid,
in case such negroes be sold, or the property of them directly or
indirectly altered within the space of sixteen months after the
date of such bonds, respectively. But in case no such security
shall be given, nor the said duty by this act imposed be paid or
secured as hereinbefore directed, in case of other negroes im-
ported, all such negroes last mentioned, or the value of them if
they cannot be found. shall be forfeited and recovered as above-
said.
[Section IV.] And be it further enacted, That Owen Roberts,
of Philadelphia, gentleman, shall be and is hereby appointed.
the present collector of the said duty hereby imposed, and re-
ceiver of all ﬁnes, forfeitures and penalties hereinbefore ap-
pointed to be set, imposed and levied by virtue of this act,
- which the said collector is hereby empowered to demand, col-
lect, receive and recover of and from all persons importing,
landing or bringing in any negroes during the continuance of
this act. And ‘shall from time to time take all bonds required
to be given as aforesaid. '
And the said collector shall keep fair and true accounts in
writing of all his transactions relating to the premises, which
he shall from time to time submit to the view and inspection of
the provincial treasurer and lay the same before the assembly
when required. And once in six weeks or oftener if required,
during the continuance of this act, shall pay into the said trea s-
11——-II
T/ze lS‘taz‘uzfes at Large of Pennsylvania. [1 71 7-1 8
urer’s hands all such sums of .money as he shall receive by vir- -
tue of this act; and shall deduct out of the same for his own
use one penny for every shilling so by him paid, and shall fur-
ther be allowed by the said treasurer in the ﬁnal adjusting of
his accounts all reasonable charges by him expended in the
prosecution of the said seizures and recovery [of any] of the
said ﬁnes, forfeitures and penalties in pursuance of this act.
Provided always, That the said collector before he enters
upon the execution of his ofﬁce shall be sworn or attested be-
fore some justice of the peace, and shall with one or more sufﬁ-
cient sureties become bound in an obligation of ﬁve hundred
pounds to the treasurer, conditioned for the due and faithful
execution of his said ofﬁce; and in case of the death or removal
of the said collector the pro-vincial treasurer for the time being
shall appoint another in his stead to collect the said duty dur-
ing the continuance of this act.
[Section V.] And be it further enacted, That if any person
or persons shall at any time be sued or prosecuted for anything
done in pursuance of this act, such person or persons so sued or
prosecuted may plead the general issue and give this act and
the special matter in evidence for their excuse or justiﬁcation'.
And if the plaintiff or prosecutor become non-suit, or forbear
prosecution or suffer discontinuance, or if a verdict pass against
him in such action, suit or information, the defendant shall
have triple costs as in any case where costs by law are given to
defendants.
‘Passed February 22, 1717-18. Apparently never submitted to the
Crown for consideration. Continued by Act of Assembly passed
February 24, 1720-21, Chapter 240. See also act passed March 5,
1725-26, ‘Chapter 290.
I 717-18] The Statutes at Large of Pennsylvania.
165
CHAPTER CCXX VIII.
AN ACT FOR RAISIN’G A 'DUT‘Y UPON TONNA-GE OF SHITPS AND VESSE‘LS.
We, the representatives of the freemen of the province of
Pennsylvania, in General Assembly met, for a further supply
towards the support of government, desire the governor that it
may be enacted:
[Section 1.] And be it enacted, by William Keith, Esquire,
by and with the King’s royal approbation Deputy-Lieutenant
and Governor under William Penn, Esquire, Proprietary and
Governor-in-Chief of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That for and during the term of three years, commencing from
and after the publication of this act, there shall be raised, col-
lected and paid towards the support of this government for and
upon the tonnage of all ships, sloops and other vessels, the
majority of whose owners not being inhabitants of this prov-
ince, wherein at any time or times, and for every time during
the said term of three years, there shall be imported any goods
or merchandise into any port or place, river or creek belonging
to this province from any parts, places or countries whatsoever:
(That is to say) for every ton of the burden or contents of any
of the said ships or [other] vessels owned as aforesaid, the
sum of twelve pence, to be accounted, taken and paid according
to the measure of such ships or vessels, which shall be made
and taken by the person hereafter appointed collector of the
said duties in the ports or places where they shall arrive.
And that the masters or owners or freighters of all such
ships, sloops or vessels importing goods inwards or carrying
goods coastwise, shall, upon every arrival of any such ships or
vessels at the port or place of their discharge or unloading in
this province, cause and procure such ships or vessels to be
166
The Statutes at Large of Pennsylvania. [1 71 7—18
entered in the said collector’s ofﬁce, and at the time of such
entry and before any goods or merchandises shall be unladen
out of any such ships or vessels, shall either pay down in ready
money to the said collector the duty and sums of money due
and payable for the tonnage of all such ships or vessels, or else
shall give good and sufﬁcient security by bond to the treasurer
of this province, with sureties to be approved by the said col-
lector to pay the said duties and sums to the said treasurer for
the use aforesaid, within the space of six weeks after the arrival
of the ship or vessel.
And where the said duties shall be paid down, the parties
paying the same shall have an allowanceby way of rebate or
deduction out of the same, after the rate of ten pounds per cent
of the said duties for every hundred pounds which duties so
paid down shall amount unto.
And in case any goods, wares or merchandises imported or
carried coastwise shall be unshipped or landed before the said
duties or sums of money, so as aforesaid,due or payable for the
tonnage of such ships or vessels importing or carrying goods
coastwise, as aforesaid, shall be paid down or secured, as afore-
said, that then every such ship or vessel out of which any such
goods or merchandises shall be unladen before payment made
or security given for the said duties, shall forfeit and pay the
sum of one hundred pounds, one moiety thereof to the governor
for the time being, towards the support of this government,
and the other moiety to the said collector, or such other 'per-
son or persons as shall sue or inform for the same, to be re-
covered in any court of record in this province by action of
debt, bill, plaint orinformation, wherein no essoin, protection
or wager of law shall be allowed. And over and besides the-
said forfeitures, the masters, owners and freighters of every
such ship or vessel shall be liable and chargeable for the said
duties of tonnage, which shall not be paid or secured as afore-
said.
[Section 11.] And be it further enacted and declared, That
all ships or vessels liable to the payment of duty of tonnage by
this act imposed, shall be gauged and measured or caused to be
gauged or measured by the said collector, in manner following:
I 7I 7-1 8] The Statutes at Large of Pennsylvania.
(That is to say) every single-decked ship or vessel shall be meas-
ured. by the length of the keel, taken within board, so much as
she treads upon the ground, and the breadth to be taken within
board by the midship beam, from plank to plank, and the depth
of the hold from the plank below the keelson to the under part
of the deck plank; and for two-decked ships which carry goods
between decks, the depth of her hold to be taken from the
plank below the keelson to the under part of the upper deck
plank; and the length and breadth as before; then multiply
the length- by the breadth and the product thereof by the depth,
and divide the whole by ninety-four, and the quotient will give
the true contents of the tonnage—according to which method
and rule all ships and vessels shall be measured, and the sev-
eral duties of tonnage thereby be computed and collected ac-
cordingly, any custom, practice or usage to the contrary not-
withstanding. '
Passed February 22, 1717-18. Apparently never submitted to
the consideration of the Crown. See Appendix IV, Section II, and
the Acts of Assembly passed May 31, 1718, Chapter 232; February
24, 1720-21, IChapter 240; April 29, 1758, 'Chapter 432.

CHAPTER CCXXIX.

AN ACT FOR ERECTINIG HOUS'ES OF CORRECTION AN‘D WOR'KH'OU-SES.
IN THE RESPECTIVE 'COU‘N'TI'ES OF THIS PROVINCE.
Whereas the proprietary and ﬁrst adventurers in their prin-
cipal model of this government proposed that for crimes in-
ferior to murder, the punishments might be by way of restitu-
tion, ﬁne, imprisonment, and such like; and where the offender
proved not of ability to make such satisfaction then he should
be kept in prison‘ or house of correction at hard labor; but no
effectual care hath been yet taken to erect such houses, by rea-
son whereof m'any evildoers escape unpunished, and servants,
who, for their neglect and abuses, should be kept at work in
such houses, are become incorrigible; therefore may it please
the governor that it may be enacted;
168
T/ze Sz‘az‘az‘es at Large of Pennsylvania. [1 7 I 7-1 8
[Section 1.] And be it enacted by )Villiam Keith, Esquire,
by the royal approbation Deputy-Lieutenant and Governor,
under William Penn, Esquire, Proprietary and Governor-in-
Ohief of the Province of Pennsylvania, by and with the advice
and consent of the freemen of the said Province in General
Assembly met, and by the authority of the same, That from
and after the ﬁrst day of May, which will be in the year of our
Lord one thousand seven hundred and eighteen, from time to
time, it shall and may be lawful to and for the justices of the
peace of the city of Philadelphia, in conjunction with the jus-
tices of the peace of the county of Philadelphia, and for the
justices of the peace of the other respective counties of this
province, assembled at any quarter-sessions of the peace
within the same respective counties, or the major part of them,
to set down and make orders for building, erecting, or causing
to be built and erected or provided, one or more houses of cor-
rection and workhouses, with convenient backsides or yards
thereunto adjoining, in some convenient places within their sev-
eral counties or towns corporate: for the doing and perform-
ing whereof, and for the providing stocks of money, goods, and
all other things necessary for the same, all such orders as the
said justices, or the major part of them, shall from time to
time take, reform or set down in any of the said quarter-
sessions for erecting or providing such houses, raising the said
stocks, and governing of the same, as also for the correcting
and punishment of offenders to be committed there, shall be of
full force, and be duly performed and put in execution; which
said houses shall be purchased, conveyed or assured unto such
person or persons as by the justices of the peace, or the major
part of them, in their quarter-sessions of the peace, to be
holden within every county of this province, upon trust, to the
intent the same shall be used and employed for the keeping,
correcting and setting to work of all rogues, vagabonds, or
sturdy beggars, and other idle and disorderly persons, who by
the laws and usage of Great Britain, or by the laws of this
province, are to be kept, corrected or set to work, in such
houses and backsides.
[Section 11.] And be it further enacted by the authority
aforesaid, That within the space of three years, after the twen-
1'717—18] The Statutes at Large of Pennsylvania.
1
ty-ﬁfth day of March, in the year of our Lord one thousand
seven hundred and eighteen, a house of correction or work-
house shall be built in the city of Philadelphia at the charge of
said city and county of Philadelphia; and a house of cor-
rection or workhouse shall be built in Chester, at the
charge of the county of Chester; and another house of correc-
tion or workhouse shall be built in Bristol, Iat the charge of the
county of Bucks. '
[Section 111.] And be it further enacted by the authority
aforesaid, That by the major part of the justices of the peace
for the said city and county of Philadelphia, and for the
counties of Chester and Bucks, respectively, in their respective
quarter-sessions assembled, there shall be elected and chosen,
‘ out of the most able and honest inhabitants and freeholders
of the said city and county of Philadelphia, and of the said
counties of Chester and Bucks, respectively, a president, a
treasurer and assistants for the houses of correction, work-
house or workhouses in the said city and respective counties;
and that upon the vacancy, by death or otherwise, of any of
the said presidents, treasurers or assistants in the said re-
spective counties, the power to erect (sic) [elect] others in their
room shall be in the major part of the respective justices of
the peace, who, in their general quarter-sessions from time
to time, shall accordingly supply vacant places.
And the said president, treasurer and assistants for the time
being, shall be accountable for all their disbursements and
other proceedings, to the said justices or the‘major part of
them, who, at every quarter sessions, are hereby directed and
required to examine and inspect the accounts and all other
proceedings of the said president, treasurer and assistants ;
and in case any notorious neglect, embezzlement or breach of
trust, shall at any time appear to the justices against all or
any one of the said ofﬁcers, by them appointed as aforesaid,
then the said justices are hereby empowered to dismiss and
displace all such offenders and to elect others in their room.
And that nothing may be wanting to render effectual the
good intent of this act in all its parts, may it please the gov-
ernor to condescend that it may be further en'acted:
[Section IV] And be it enacted by the authority aforesaid,
170
The Statutes at Large of Pennsylvania. [I 71 7—I8
That the said president, treasurer and assistants, for the time
being, respectively, shall forever hereafter, in name and fact, be
bodies politic and corporate in law to all intents and purposes,
and shall have a perpetual succession, and may sue or plead,
or be sued and impleaded, by the name of the president, treas-
urer and. assistants for the poor of the said respective counties,
in all courts Iand places of judicature within this province, and
by that name every of the said corporations shall and may
purchase or receive any lands, tenements or hereditaments, not
exceeding the yearly value of three hundred pounds per annum,
of the gift, alienation or devise of any person or persons, who
are hereby enabled to transfer and grant the same, and any
goods and chattels whatsoever, into or for the use and beneﬁt
of the corporations aforesaid.
[Section V.] And be it further enacted by the authority
aforesaid, That the said president, treasurer and assistants, or
one of them, at least, in each county aforesaid, respectively,
shall give punctual and constant attendance at the workhouses
and houses of correction to which they respectively belong,
there to receive and execute the orders given by the commit-
ments which shall happen to be made from time to time by any
justice of the peace, or other magistrate, having legal power
to commit and send to the workhouses all vagabonds, unruly
servants, and other idle or disorderly persons; and the said ofﬁ-
cers, in each county respectively, shall make return to every
court of quarter-sessions, dulv, of their proceedings in the
premises.
[Section VI.] And be it further enacted by the authority
aforesaid, That when the president, treasurer and assistants
of any of the said corporations shall certify, under their hands
and seals, their [want] either of a present stock for the begin-
ning of the work, or for supply thereof for the future, and what
sum or sums of money they shall think ﬁt for the same, to the
justices of the peace of the said respective counties, assembled
in their quarter-sessions, the said justices are hereby required
from time to time to set down and ascertain such sum and
sums of money as they shall deem competent for the purposes
aforesaid, and cause the same to be raised as county rates are
usually levied, so that they do not exceed, for the city and
1717—18] The Statutes at Large of Pennsylvania.
county of Philadelphia, the yearly value of four hundred
pounds; for the county of Chester, the yearly value of two hun-
dred pounds; and for the county of Bucks, the-yearly value of
one hundred pounds.
[Section VII.] And be it further enacted by the authority
aforesaid, That the president, treasurer and assistants of any
of the said corporations, or houses of correction or workhouses,
are hereby empowered to choose and entertain all such ofﬁcers
as shall be needful to be employed in and about the premises,
and them or any-of them to remove as they shall see cause,
and upon such removal, or death of any of them, to choose
others, and to make themreasonable allowances for their ser-
vices out of the said stock; and that all sheriffs, constables,
and all other ofﬁcers and ministers of justice, shall be aiding
and assisting to the said corporation or corporations, and to
all such ofﬁcers as shall be employed by them in the execution
and performance of the said service.
Passed February ‘22, 171748. Apparently never considered by
the Crown, ‘but allowed ‘to become a law by lapse of time
in accordance with the proprietary charter. See Appendix
IV, Section II, Hill’s letter and Fane’s opinion in Appen-
dix V, ‘Section I, and the Acts of Assembly passed Janu-
ary 12, 1705-6, Chapter 151; ‘March 7, 1745-46; Chapter 367;
‘March 4, 1763, Chapter 498; February 21, 1767, Chapter 555; Feb-
ruary 26, 1773, Chapter 673; April 5, 1790, Chapter 1516; April 2,
1803, P. L. 621; March 23, 1826, P. L. 133; March 2, 1827, ‘P. L. 76;
April 15, 1834, P. L. 537; April 10, 1835, P. L. 133; 'April 14, 1835,
P. L. 232; ‘March 22, 1836, -P. L. 173; June 13, 1836, 'P. L. 539; April
11, 1850, P. ‘L. 448; April 25, 1850, P. ‘L. 569; January 26, 1854, P. L.
12; April 28, 1854, P. L. 506; January 31, 1855, P. L. 6; April 21,
1855, -P. L. 264; April 16, 1857, 'P L. 219; May 12, 1857, P. L. 454;
April 22, 1858, P. L. 452; April 8, 1862, ‘P. L. 318; April 11, 1862,
P. L. 425; March 21, 1866, P. L. 259; January 10, 1867, -P. L. 1371;
April 14, 1868, P. L. 1092; June 2, 1871, P. L. 13041; May 23, 1874,
P L. 2.30; May 8, 1876, P. L. 154; June 12, 1878, P. L. 181; April
30, 1879, P. L. 33; June 4, 1879, P. L. 84; June 11, 1879, P. L. 140;
June 13, 1883, ‘P. L. 100; June 1, 1885, ‘P. L. 37; May 19, 1887. P. ‘L.
132; May 25, 1887, ‘P. L. 265; May 13, 1889, P. L. 209; May 23, 1889,
P. L. 277; June 16, 1891, P. L. 303; June 26, 1895, P. L. 377.
11*-—Il
172
The Sz‘az‘az‘es at Large 0f Pennsylvania. [1717-18
CHAPTER CCXXX.

AN ACT FO'R 'EREC'T‘IN'G A EE-RSRY TO "DI-IE ‘LANDING A‘T O-R NEAR THE’
LAND ‘OF DANIEL CO‘O‘PER, DECEASED, AND ALSO TO GlLO'U-CESlTE'R,
IN THE WESTE’N DIVISION OF NEW JERSEY.
Whereas Armstrong Smith, of Philadelphia, shipwright, by
his humble petition hath earnestly desired that the ferry in-
tended from Philadelphia to the said landing late of Daniel
Cooper, and also to Gloucester in the western division
of New Jersey, may by authority of law be vested in him, he
promising to provide proper and substantial ferry boats and
ﬂats, or other vessels for that purpose, and also to give all
due attendance and dispatch to passengers and their goods, at
such moderate rates and prices as shall be thought equitable:
[Section I.] Be it therefore enacted, by William Keith, Es-
quire, by and with the King’s royal approbation Deputy-Lieu-
tenant and Governor under William Penn, Esquire, Proprie-
tary and Governor-in-Chief of the Province of Pennsylvania,
&c., by and with the advice and consent of the freemen of the
said Province in General Assembly met, and by the authority
of the same, That the landing place at or near the High street
in Philadelphia shall be a ferry for passengers and goods from
the same'to the landing place late of Daniel Cooper, in New
Jersey; and also that the landing place where the said Arm-
strong Smith now dwells, adjoining to the town bounds of
‘Philadelphia, shall be a ferry to Gloucester, for the purposes
aforesaid.
And that the said Armstrong Smith, his executors, adminis-
trators and assigns, shall at his and their own proper costs and
charges, complete and ﬁnish a convenient causeway and land-
ing place at the said ferry, and shall keep the same in good and
sufﬁcient repair. And also shall from time to time ﬁnd and
provide substantial boats or ﬂats, with able and sufﬁcient
hands, who shall give due and constant attendance at the said
ferries respectively.
I7l7—18] The Statutes at Large of Pennsylvania.
I73
And for the encouragement of the said Armstrong Smith
to support and maintain the said ferries, the said Armstrong
Smith, his executors, administrators and assigns, shall from
and after such proper boats or ﬂats are provided, which he is
hereby required to provide and get ready before the ﬁrst day
of May next after the publication of this act, receive and take,
.for and during the term of seven years then next ensuing, for
the passage and ferriage over the said river Delaware, to the
said landing place near the said Daniel Cooper’s, deceased, and
to Gloucester aforesaid, from all persons whatsoever (the gov-
ernor-in-chief and the lieutenant-governor and their attend—
ants excepted) the respective rates and prices following: (That
is to say)—
To the landing near Daniel Cooper’s:
For every single foot passenger, six pence.
But if three or more men together, each four pence.
For every single horse and rider, one shilling and six pence.
And if three or more men \and horses together, each one shilling.
For every single o-x, cow or heifer, one shilling and six pence.
If three or more oxen, cows or heifers together, each
one shilling
For, every single hog, . six pence.
If three or more hogs together, each four pence.
For every single sheep, six pence.
If three or more sheep together, each four pence.
To Gloucester:
For every single foot passenger,
But if three or more men together, each
For every single horse and rider,
If three or more men and horses together, each
one shilling and six pence.
two shillings.
one shilling.
nine pence.
two shillings.
For every single ox, cow or ‘heifer,
.If three or more oxen, cows, or heifers together, each
one shilling and six‘ pence.
one shilling.
nine pence.
one shilling.
nine pence.
For every single hog,
If three or more hogs together, each,
For every single sheep,
If three or more sheep together, each
I74
T/ze Statutes at Large of Pennsylvania. [1717—18
[Section 11.] And be it further enacted by the authority
aforesaid, That for the better encouragement of the said Arm-
strong Smith, his executors, administrators and assigns, to
make good the said landing place, and keep good boats, ﬂats
and attendance at the said ferry for and during the said term
of seven years, no other person or persons whatsoever shall
presume to erect or keep any boat, ﬂat or canoe within the
space of two miles above or below the said ferry, for the carry-
ing of any passengers, horses, cattle, hogs or sheep for any hire,
wages or reward whatsoever, over the said river Delaware,
from this province to the western division of New Jersey, under
the penalty of the forfeiture of ﬁve pounds for every such of-
fense, one moiety thereof to the governor for the support of this
government, and the other moiety to the said Armstrong Smith,
or his assigns, who shall sue for the same, by bill, plaint or in-
formation in any court of record in this province, wherein no
essoin, protection or wager of law or more than one imparlance
shall be allowed.
[Section 111.] Provided nevertheless, That if the said Arm-
strong Smith, his executors, administrators or assigns shall
neglect to provide and get ready good and sufﬁcient boats and
ﬂats for the said ferries within the time hereinbefore limited
and appointed, or shall not, from time to time, during the said
term maintain and keep the causeway or landing place at the
said ferry, near his house, in good [and] sufﬁcient repair, or if
he and they shall not ﬁnd, provide and keep at all times during
the said term, good and substantial boats and ﬂats, with able -
and sufﬁcient hands for the managing of them, or if he or they
shall not give due [and constant] attendance on the services
aforesaid, or if he or they shall demand, exact or take any
greater or other rates than is hereinbefore limited and ap-
pointed, he or they so offending in the said articles, or any one
of them, shall for the ﬁrst offense forfeit and pay the sum of
ﬁve pounds, one moiety to the governor, for support of govern-
ment, and the other moiety to the party grieved, or other per-
son who shall sue for the same, to be recovered as aforesaid;
and for the second offense the sum of ten pounds, to be recov-
ered as aforesaid; and for the third offense, to be removed or
I7I 7—18] T/te Statutes at Large of Pennsylvania.
175
displaced. by the county court, or other court of record, where
he shall be convicted of any of the offenses mentioned in this
act. And in such case the justices of the said county court,
or other court of record where he shall be convicted as afore-
said, shall appoint another person to keep the said ferry under
the same restrictions andlimitations as herein is prescribed and
directed.
Passed February 22, 1717-18. Apparently never submitted to the
consideration of the Crown. See Appendix IV, Section II, and the
Acts of Assembly passed August 18, 1727, Chapter 297; February
8, 1766, Chapter 533, and the note thereto.

CHAPTER CCXXXI.
AN ACT FOR THE ‘MORE E'F‘FE-CTUAL RAISIN'G [OF] ‘COUNTY RATES
AND LEVIES.
Whereas divers laws have been made in this province for
raising county levies, which do not in all respects prove ef-
fectual to answer the service thereby intended, therefore may it
please the governor that it may be enacted:
[Section 1.] And be it enacted by William Keith, Esquire, by
and with the King’s royal approbation Deputy-Lieutenant and
Governor under William Penn, Esquire, Proprietary and Gov-
ernor-in-Chief of the Province of Pennsylvania, by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
from henceforth the freeholders and inhabitants of the respec-
tive counties of Philadelphia, Chester and Bucks, in the said
province, who are enabled and qualiﬁed by law to elect or be
elected, members of assembly, at the time and place appointed,
or to be appointed for electing the representatives to serve in
assembly, or the day following, unless it happen on the ﬁrst
day of the week, called Sunday, and then on the next day next
- after, shall choose six of the inhabitants and freeholders of
each county to be assessors thereof, for that year; and when
7716 Si‘az‘uz‘es a! Large 0f Pennsylvania. [1717-18
so chosen, the sheriff of the said respective counties shall take
their names in writing, under the hands and seals of, at least,
six more of the said freeholders, and return or certify the same
to the justices at their general sessions of the peace in each
county, next after such elections, which return shall by the re-
spective clerks of the peace be entered on record, in the ses-
sions’ minute books.
[Section 11.] And be it further enacted by the authority
aforesaid, That the commissioners hereinafter appointed to put
‘this act in execution in the said respective counties shall meet
with the said assessors of the said counties, before the ﬁrst day
of May, in the year of our Lord one thousand seven hundred
and eighteen, or at such other time or times before the ﬁrst
day of October then next after as they or the majority of them.
shall appoint, to make and lay such rates and assessments as
may be needful to pay for killing of wolves and foxes, and to
make good the deﬁciencies (if any be) of the county rates lately
assessed and not yet collected towards defraying public debts
or other charges incumbent on the said counties, as also to en-
force the collection of the said rates, which the said commis-
sioners are hereby empowered and required to do as fully and
effectually as the justices of the said respective counties might
lawfully do, if this ‘act had not been made.
And that afterwards the said commissioners, together with
four or more of the said assessors, for every of the said counties,
shall meet annually at the quarter-sessions of the peace, to
be held for each county next after the‘ ﬁrst day of October in
every year and then and there (or at such other times and
places as the said commissioners, or any two of them, may then
after appoint) shall calculate the public debts and charges of
the said respective counties, allowing all just debts and de—
mands which now are and hereafter shall be chargeable upon
the said respective counties and city of Philadelphia, and shall
from time to time adjust and settle the sum and sums of money
which ought of necessity to be raised yearly, to pay for repre-
sentatives’ service in general assemblies and to defray the
charges of building and repairing court houses, prisons, work-
houses, bridges, and causeways at the ends of bridges, or for
destroying wolves and foxes, with such other uses as may re-
I 717-18] Y/ze Statutes at Large of Pennsylvania.
I77
dound to the public service and beneﬁt of the said counties re-
spectively. And shall also ascertain and set down such com-
petent sum and sums of money as shall be yearly applied
towards every of the said services, always preferring the wages
allowed to the members of this assembly chosen on the
. ﬁrst day of October last, as well as to all succeeding as-
semblies, being ten shillings a day proclamation money, to
the Speaker, for the time being, and six shillings a day of like
money to every other of the said representatives, for their at-
tendance and service in assembly. And then the charge of
building and repairing of bridges and causeways before any
other debts or demands chargeable as aforesaid. And as for
all former and other debts due for assemblymen’s wages or
otherwise, the same shall be yearly discounted out of every
assessment, or otherwise paid by the respective county treas-
urer, according as the commissioners and assessors of the
proper county, or the major part of them, shall order and direct
from time to time. '
But the said commissioners and assessors are hereby re-
quired yearly, during the continuance of this act, either to make
rates in their respective counties of a penny a pound and four
shillings a head upon all persons ratable by this act on purpose
to pay for such wolves and foxes as shall be killed in the said
respective counties, for which a reward is given by this act, or
else to order and allot such sums of money out of the said
county levies, to be always ready as a stock in the hands of
each county treasurer, which may be sufﬁcient to answer that
service from time to time, whenever there may be occasion.
All which said respective sums, with the names of the per-
sons to whom they shall be made payable, and the particular
uses whereunto the same shall be appropriated, shall be en-
tered in a book to be kept for that purpose by the clerks of the
peace respectively, who are hereby required to provide books,
wherein they shall make the said entries accordingly, and the
said commissioners shall order the respective county treasurers
to satisfy the said clerks for the same.
[Section 111.] And it is further enacted, That when any per-
son or persons shall kill any wolves within the inhabited parts
T/ze Statutes at Large 0f Pennsylvania. [I717—I8
of this province, and when any person or persons (except 1n-
dians) shall kill any red foxes within the said inhabited parts,
he or they who kill such wolves or foxes shall bring the heads
of them to any justice of the peace for the county where they
are killed, from time to time, who is hereby required and em-
powered to examine the parties producing such heads, charg-_ -
- ing ‘them upon their oaths or affirmations to declare where the
wolves or foxes, whose heads they produce, were killed, and by
whom; and if upon such examination it shall clearly appear to
the satisfaction of such justice that the wolves or foxes from
which those heads were severed, had been killed within the in—
habited parts of this province by the parties producing the
same as aforesaid, the justice or justices, before whom such ex-
am,ina[tion] is taken, shall cause the tongues and ears belong-
ing to such heads to be cut off, and upon proof made as More
said and not before, shall grant an order upon the treasurer of
the county where such wolves or foxes are killed, reciting
therein the substance of the said proof, and requiring the treas-
urer to pay the party or his order, after the rates hereinafter
appointed for each head: (That is to say) for every grown dog
or bitch wolf, twenty shillings; for every wolf-puppy or whelp,
ten shillings; for every old red fox, two shillings; and for every
young red fox [or whelp] one shilling.’
[Section IV .] And be it further enacted by the authority
aforesaid, That the persons hereinafter named shall be the
present commissioners to put this act in execution, together
with another act of assembly, which was passed in the tenth
year of the late Queen Anne’s reign, entitled “An act for the
better ascertaining the public debts and collecting the arrears
of county levies,” 1 as also to ofﬁciate instead of the justices and
magistrates in that act mentioned: (That is to say) for the
county and city of Philadelphia, ‘Joseph Willcox, Abraham
Bickley, Edward Farmar, Toby Leech, and Thomas Paschall;
for the county of Chester, David Lloyd, Nathaniel Newlin, John
Wood and Henry Miller; and for the county of Bucks, Jeremiah
Langhorne, Thomas Stevenson, John Sotcher, and Thomas
Watson: which said commissioners are hereby empowered and

“Passed June 7, 1712, Chapter 184.
I 717-18] 7 he Statutes at Large 0f Pennsylvania.
I79
required to meet with the assessors for the time being to calcu-
late the public debts of the said respective counties yearly, at
the times, and in manner and form, and for the ends and pur-
poses herein mentioned and appointed, whereupon all accounts
_‘ of debts and demands justly chargeable upon the said respec-
tive counties shall be allowed by a majority of the commission-
ers and assessors of the same county, who shall certify such al-
lowance accordingly by endorsement on the accounts and cause
the names of the creditors and the sums so allowed them to be
entered in a book which the said commissioners shall prepare
and keep for that purpose at the charge of the respective coun-
ties. _ '
Provided always, That no account or claims from any of the
said respective counties of this province or the city of Phila-
delphia shall be exhibited to the said commissioners and asses-
sors, nor allowed by them, which shall appear to have been
chargeable before the passing of an act entitled “A supple-
'mentary act to that about raising county levies,” 1 other than
such as were exhibited to the justices, grand jury and assessors
in order to be allowed within the time limited by the said act.
And that the said commissioners or any two of them in each
county shall at or within six days after their said annual meet-
ing issue forth their precepts, directed to the constables of
every township, requiring them to bring to the said assessors
within six weeks next after the date of such precepts, fair and
true certiﬁcates in writing upon their oaths or affirmations of
the names and surnames of all and every the persons dwelling
or residing within the limits of those townships or places with
which they shall becharged, and the names of all freemen in-
mates, hired servants and all other persons residing or sojourn-
. ing in the said respective townships, together with an account
of what lands and tenements they respectively hold in such
townships, and how much of the said land is sowed with corn,
7 and how many bound servants and negroes, with their ages,
and what stock of cattle, horses and sheep they possess, with-
out concealment, fear, malice, favor or affection, together also
with a true account of all lands surveyed or taken up in the

1Passed January 12, 1705-06, Chapter 157.
12—II
180
The Slalales al Large of Pennsylvania. [1717"18
said townships belonging to persons not residing [t]here, upon
pain of forfeiture of any sum not exceeding ﬁve pounds, to be
levied by this act is appointed.
And every of the said constables shall by an order from one or
more of the [said] commissioners have and receive from the
treasurer of the said colonies three pence by the pound for
their care and trouble in executing and returning the said pre-
cepts, in manner aforesaid.
But before any [of the said] assessors shall take upon him
the employment and duty which this act requires him to per-
form, he shall take an afﬁrmation to the eﬂect following, to
wit:
Thou wilt well and truly cause the rates and sums of money
imposed by this act to be duly and equally assessed, accord-
ing to the best of thy skill and knowledge, and herein thou
shalt spare no person for favor or aﬁection, nor any grieve for
hatred or ill will.
Which afﬁrmation any two or more of the commissioners,
in the city or county where the said assessment is made, shall
have full power and are hereby required to administer.
And that the assessors for the said respective counties, or
any four'of them, shall meet at the day and place where the
commissioners’ precepts are made returnable, and then and
there receive the said constables’ returns respectively, and shall
thereupon, by the oaths or affirmations of the said constables
or other credible persons, or by any other lawful ways or
means, inform themselves what persons and estates in their re-
spective counties are ratable, by virtue of this act, and shall
forthwith equally and impartially assess themselves and all
others ratable as aforesaid, having a due regard to such as are
poor or have acharge of children; and as for all single men
whose estates shall not be rated at ﬁfty pounds, shall be as-
sessed after the rate of four shillings a head, upon a tax of one
penny per pound.
Provided always, That no assessments to be made by virtue
of this act, in any one year, shall exceed the value of three
pence in the pound and twelve shillings per head.
Provided also, That no single person or freeman who at the
time of assessment shall be under the age of twenty-one years,
1717—18] The Statutes at Large 0/ Pennsylvania.
- or hath not been out of his servitude or apprenticeship the
space of six months, shall be rated by this act.
And if any person or persons ﬁnd him or themselves ag-
grieved with any of the said assessments, supposing the same
to be unequal, he or they shall and may appeal to the commis-
sioners of the proper county.
[Section V .] And be it further enacted, That the said as-
sessors shall, at the return of the said precepts, divide the coun-
ties wherein they act into such districts as may contain several
townships, in the most inhabited parts of those counties, and
extend the back districts from time to time, so far as any lands
are or shall be surveyed and shall thereupon appoint some ﬁt
person in every of the said districts, to be collector of the said
assessments, from time to time, and shall cause fair duplicates
of the assessment of each district to be drawn, one part of
l which duplicates shall, by the clerk that writes the same, be
delivered to one of the said commissioners of the proper county,
and the other part to the collector. of each district, with direc-
tions from the said commissioners to every such collector, in-
dorsed on his duplicate, or annexed thereunto, requiring him
to demand of the parties the respective sums of money where-
with they are chargeable, and acquaint them of the day of ap-
peal, which shall be appointed by the said commissioners
within one month after the said assessments are made. But
where any of the said collectors cannot meet with the party of
whom demand is to be made, as aforesaid, he or they shall leave
notice in writing with some of the family, or at the place of the
party’s last abode, signifying also the day of appeal at which
day every of the said collectors shall return their said dupli-
cates, with the names of such persons and value of such es~
tates as shall be concealed, undervalued or omitted to be re-
turned by the constable.
And for the more effectual discovery of all the lands ratable
by this act, the commissioners of the said respective counties,
or any two of them, shall. cause to come before them the sur-
veyors of lands in every county, or such other persons as the
said commissioners shall think can give intelligence of the said
lands, and thereupon shall require every such surveyor within
182
T/te Statutes at Large of Pennsylvania. [1717—18
some reasonable time before the assessments of that county
are ﬁnished, to give the said commissioners true and just. in-
formations and accounts inwriting upon afﬁrmation of all lands
within that respective county or district, which such surveyor
or any other for him have surveyed or located before that time;
and if any of the said surveyors, or others privy to their surveys
or location s, shall refuse or neglect to give intelligence or infor-
mations and accounts from time to time of lands surveyed or
located, as aforesaid, when thereunto required by the commis-
sioners for putting this act in execution, for the time being, in
the respective counties and districts aforesaid, he or they so of-
fending shall be ﬁned by any two of the said commissioners of
the proper county in any sum not exceeding twenty pounds, to
be levied and applied as is hereinafter provided for other ﬁnes.
And the said commissioners are hereby required to meet on
the said day of appeal, at which time the assessors shall attend,
and the said commissioners shall then and there strictly ex-
amine the persons appealing, upon their afﬂrmations or other-
wise, concerning the cause of their appeal, and upon such ex-
amination or proof of others they are hereby empowered to
diminish or add to such persons’ rate or assessment as they
shall see just and reasonable, with power also to call before
them such persons, and take notice of such estates as they ﬁnd.
are omitted in the said assessment, in order to assess them, and
if the persons so omitted refuse or neglect to appear, and give
an account of the value of their estates, they shall pay double
the sum they should or ought to have been rated at, by this act.
And the said commissioners upon hearing [of] the said ap-
peals, shall rectify and adjust the said assessments by abating
or adding to the sums contained in their respective duplicates
aforesaid, and cause their clerks within ten days next after the
said day of appeal, to deliver to the treasurer of the said re-
spective counties, a true account of the sums total which every
collector shall be charged with, pursuant to this act; and shall
also cause their said clerks to draw fair duplicates of the as-
sessments of the said respective districts, so rectiﬁed as afore-
said, and deliver the same to the collectors of those districts,
where the same shall belong within twenty days after the said
I7I7—18] The Statutes at Large of Pennsylvania.
day of appeal, with a warrant annexed thereunto, under the
hand and seal of one of the commissioners who signed the as-
sessments, requiring them forthwith to collect and receive from
the persons assessed, the several sums in the said duplicates re
spectively mentioned, either in ready money or in good mer~
chantable wheat at money [sic] price, to be delivered at such
market, mill or mills, in the said respective counties, where the
charges of the portage thereof to Philadelphia shall not exceed
three pence per bushel; and that the miller’s receipt for the said
wheat, being delivered to the respective collectors by the per-
sons paying or delivering the same as aforesaid, shall be taken
by the said collectors as payment from the persons by or from
whom the same are delivered as aforesaid.
[Section VI.] And be it further enacted by the authority
- aforesaid, That the said collectors shall once in six weeks at
least, render a just and true account of and bring in and pay
unto the respective county treasurers, all such sums of money
and receipts forwheat as they shall then have received, and shall
pay the whole and every of the sums of money assessed in their
respective duplicates, within three months next after the said
days of appeal, and the treasurers shall give receipts to the col~
lectors for what they shall so bring in and pay from time to
time, which receipts shall be the collectors’ discharge for so
much. “
And that the said treasurers shall from time to time, signify
in writing to the said commissioners how much every collector
brings in and pays as aforesaid; and when any of the said col-
lectors are negligent or refuse to do their duty in the premises
the treasurers are hereby required forthwith to signify the
same by way of complaint to the commissioners, where such
neglect or refusal shall happen.
[Section V 11.] And. be it further enacted, That if any per-
son or persons so rated or assessed, by virtue of this act, shall
refuse or neglect to pay the sum or sums so assessed, in ready
money'or to deliver wheat in lieu thereof, as aforesaid, by the
space of thirty days after demand made, as aforesaid, it shall be
lawful for the said collectors respectively, by virtue of a war-
rant, signed and sealed by one or more of the said commission-
T/lze Slaz‘nles al Large of Pennsylvania. [1717.-18
ers, who shall forthwith grant the same, and shall hereby em-
power the said collectors to call to their asistance, if occasion
be, any constable or other persons, and in case of resistance
to break open doors and other obstacles, and make distress and
sale of such person's goods and chattels, returning the over—
plus, if any be, to the owners, after reasonable charges de-
ducted. But if no distress can be found by the collector, and
the party refuses or neglects forthwith to show them goods or
chattels sufﬁcient to satisfy the money then due, with reason-
able charges, then the collector shall take the body of every
such person and bring him to the county gaol, and deliver him
to the sheriff or keeper of the said gaol, who shall detain him
in safe custody, without bail or mainprize until payment shall
be made.
Provided always, That where effects cannot be found sufﬁ-
cient to answer the whole sum in arrear, with charges, as afore-
said, then distress shall be made for so much as such effects
shall extend to, and the party to be imprisoned only for the
residue thereof, with incident charges; all which charges of
distress, assistance and bringing to prison, shall be adjusted
and settled by any two or more of the said commissioners
hereby appointed when such occasion shall happen.
[Section VIII.] And be it further enacted, That if upon com-
plaint of the treasurer to the commissioners it shall appear
that any of the said collectors refuse or neglect to pay the said
sums of money, or other effects, which he or they shall be re-
spectively charged to collect, or produce receipts testifying the
payment or delivery thereof, as aforesaid, and deliver the
money or receipts for wheat in manner and at the time by this
act required, retaining such sums as is [sic] hereby allowed '
for collecting and paying the same, then the commissioners of
the proper county or any two of them shall ﬁne every such de-
linquent collector, in any sum not exceeding ten pounds, and
appoint others to act in his or their stead.
And moreover, it shall be lawful for the said commissioners
of the proper county, or ‘any two of them, and they are hereby
required, to meet and issue out their warrants under their
hands and seals directed. to the sheriff or ‘coroner of the proper
1717—18] The Statutes at Large of Pennsylvania.
county, requiring him to take the body, and seize and secure
the estate, real and personal, belonging to such delinquent, or
which shall come into the hands or possession of his heirs,
executors or administrators, and wherever the same can be dis-
covered and found in this province; and make return of his pro-
ceedings therein, at such time and place as the said commis-
sioners shall appoint.
And that the commissioners who shall cause the said lands
and estates to be seized and secured, as aforesaid, shall be and
‘are hereby empowered to appoint a time for a general meeting
of the commissioners of such county, and there to cause public
notice to be given where [such meeting] shall be appointed, six
days at least before 'such general meeting, and the commis—
sioners then present at such meeting,l or the major part
of them, in case the money detained by such delinquent be not
then paid or satisﬁed, shall and are hereby empowered and re-
quired to issue forth their warrants or precepts to the sheriff or
coroner of the proper county, empowering and requiring him to
sell and dispose of all such estates as shall be, for the cause
aforesaid, seized and secured, or any part thereof, and to bring
the money arising by such sale to the commissioners who
granted such warrants, in order to satisfy and pay unto the re-
spective county treasurers for the time being the sum or sums
that shall be so unpaid or detained in the hands of the said col-
lectors or other persons, their heirs, executors or ‘administrators
respectively, with damages for what shall be so unpaid, return-
ing the overplus (if any be) to the owner, after all necessary
charges deducted. I
And when any sale of lands, tenements or hereditaments
shall be made by such sheriff or coroner respectively, pursuant
to this act, the title and conveyance thereof shall be by deed,
signed, sealed and delivered by the sheriff or coroner to such
person or persons as shall purchase the same, in fee-simple or
otherwise, which shall be most absolute and available in law
against the said delinquents and their heirs and assigns, and
all claiming under them. _
And that all gifts, grants, and sales which shall be made by
any of the said delinquent collectors or other ofﬁcers respec-

1 Supplied from the edition of 1714.
186
Ylie Statutes at Large of Pennsylvania. [1717—18
tively of any of their said estates, after the time they should
have paid the money or effects arising from the said assess’
ments (unless the estate so seized be sufﬁcient to answer what
they are in arrear), are hereby declared to be fraudulent, and
shall not prevent or avoid the seizures and sales hereby ap-
pointed to be made thereof, as aforesaid.
[Section IX.] And be it further enacted, That all freemen,
not being householders, nor having a certain place of abode,
and all the said hired servants, shall be taxed at the place
where they reside at the time of the constables taking their
names as aforesaid, and that every householder shall, at the
request of the said constables of the respective townships,
wards or places, give an account of the names, qualiﬁcations
and estates of such persons as shall sojourn, lodge or dwell in
their respective houses under the penalty of forty shillings, to
be levied, charged and paid in manner aforesaid.
And if any such freeman shall not be found at such place of
residence, nor within the same township where their names
shall be taken, as aforesaid, at the time when such respective
collectors shall come to receive such householder’s assessment,
then (unless such freeman or servant hath by himself or friend
paid, or unless such householder or employer doth pay the
same for him, upon demand made thereof by the collector),
it shall and may be lawful for every such collector to make
distress and sale of the householder’s or employer’s goods and
chattels for the same, rendering the overplus to the owner, as
aforesaid. And every such householder or employer shall re-
cover the same from every such freeman with charges by a
warrant from 'any justice of the peace of the prop-er county, as
in case of debts under forty shillings.
_ [Section X.] And be it further enacted by the authority
aforesaid, That if any of the ~said commissioners shall refuse
or'neglect to do his or their duty in the premises, he or they
so offending shall be ﬁned, by a majority of the justices of the
peace of the proper county, for the-time being, at their next
quarter-sessions after the said offense is committed, in any
sum not exceeding ten pounds, for every offense which, by
virtue of a warrant under the hands and seals of the said jus-
tices or any two of them, directed to the sheriff or coroner of the
1717—18] The Statutes at Large 0/ Pennsylvania.
county where such offender or his estate is at the time of is-
suing such warrant, shall be levied by seizure and sale of lands,
distress and sale of goods, or imprisonment of body, as the case
shall require; and from and after such refusal or neglect, or if
any of the said commissioners shall misbehave themselves, or
happen to die, during the continuance of this act, the major
part of the other commissioners and assessors [of the proper
county] for the time being, at their ﬁrst meeting next after
such death, refusal, misbehavior or neglect, shall, in every such
case, appoint others to act in their stead.
And if any of thesaid treasurers shall refuse or neglect to
~ do his duty, as by this act is required, he shall be ﬁned by any
two of the commissioners, appointed for the county where he is
deﬁcient of his duty, in any sum not exceeding ten pounds, for
every offense, which shall be levied as aforesaid, by virtue of a
warrant under the hands and seals of the same commissioners,
or any two of them, directed as aforesaid; and from and after
such refusal or neglect, or if any of the said treasurers shall
happen to die, during the continuance of this act, the commis-
sioners of the proper county shall, in every such case, appoint
others to act in their stead.
And if any of the said assessors shall refuse or neglect to
do their duty, as this act requires, the commissioners of the
said proper county, or any two of them, shall ﬁne every such
assessor in any sum not exceeding ten pounds, which shall be
levied by the same commissioners’ warrant, in manner afore-
said.
And when any of the said assessors refuse or neglect, as
aforesaid, or shall happen to die during the continuance of this
act, or when the inhabitants of any of the said counties refuse
or neglect to choose assessors, in manner aforesaid, then and in
every such case the said commissioners, where any of the said
failures or defects may happen, shall appoint others to ofﬁ-
ciate as assessors in those counties, from time to time.
All which said ﬁnes and all other ﬁnes and forfeitures men-
tioned in this act, shall be levied as aforesaid, and shall be
paid and added to the public stock of the respective counties
where they shall happen.
188
The Slalnles at Large of Pennsylvania. [17117-18
And the said commissioners shall be allowed four shillings
and six pence each, for every day’s attendance, which, to~
gether with the reasonable charges of clerks, surveyors and
other ofﬁcers, as the said commissioners in their respective
counties by order under the hands of the major part of them
shall think ﬁt to allow, shall be paid by the collector, and dis- -
counted by the respective county treasurer. And that the
said commissioners shall be further allowed to receive for all
such warrants, orders and commitments, as they shall issue in
pursuance of this act, the like fees and rewards as the law al-
lows to justices of the peace and their clerks, for such warrants,
orders or commitments.
And the said assessors, for their labor and pains in the prem-
ises, shall be allowed and paid six pence per pound of the whole
assessment of their respective counties, to be paid by the col-
lectors to such as attend the service, and be equally divided
amongst them. -
{And [the] said collectors shall retain in their hands twelve
pence per pound, for all sums of money by them respectively
collected.
And those that ofﬁciate as clerks, for their pains and trouble
in writing and delivering the duplicates and all warrants re-
lating to the premises, shall have and receive as followeth, viz.,
the clerk of Philadelphia, four pounds; the clerk of Chester,
three pounds [ten shillings]; and the clerk of Bucks, three
pounds ten shililngs, which the respective county treasurer is
hereby required to pay them accordingly.
And if any of the said clerks shall neglect to do his or their
duty, as by this act is required, he or they shall be ﬁned by the
commissioners of the proper county in the sum of ten pounds
each, to be levied and paid as aforesaid, and in case of death
or neglect of any of the said clerks, the commissioners shall
forthwith appoint others to act in their stead.
Provided always, That if any person or persons be sued or
prosecuted for anything done in pursuance of this act, such
person or persons so sued or prosecuted may plead the general
issue, and give this act and the special matter in evidence for
their justiﬁcation, and if the plaintiff or prosecutor become
I 717-18] - The Statutes at Large of Pennsylvania.
189
non-suit or forbear prosecution or suffer discontinuance, or if
a verdict pass against him in such action, suit or information,
the defendant shall have treble costs, as in any case Where
costs by law are given to defendants.
Provided always, That no person or persons shall be sued or
prosecuted for neglect in the execution of this act, unless he or
they shall be sued or prosecuted within twelve months after
such offense is committed.
Provided also, That no proceedings prescribed or required
by this act against collectors and other officers and persons re-
fusing or neglecting to comply therewith, shall be staid by
noZZe proseguz', certz'orari, habeas corpus, or otherwise, nor any
ﬁnes or forfeitures arising by this act pardoned or released,
without payment thereof made to the uses hereby appointed,
any law or usage to the contrary notwithstanding.
[Section XL] And be it further enacted by the authority
aforesaid, That the said commissioners and assessors of the
said respective counties, for the time being, or the major part
of them, are hereby empowered and required, as often as there
may be occasion, during the continuance of this act, to choose
a treasurer for each county, which treasurers when so chosen,
as well as the present county treasurers and every of them, are
hereby empowered and required respectively to receive all the
moneys and other effects arising, as well from all the said as-
sessments, as the ﬁnes and forfeitures which shall be imposed
from time to time; by virtue of this act; and that the said re-
spective treasurers for the time being before they enter upon
the execution of their oﬁces, shall become bound to the com-
missioners of the proper county, with one or more sufﬁcient
sureties, to wit, the treasurer of Philadelphia county in an obli-
gation of one thousand pounds, the treasurer of Chester county
in an obligation of six hundred pounds, and the treasurer of
the county of Bucks in an obligation of four hundred pounds,
conditioned for the true execution of their respective ofﬁces and
due observation of this act.
And in case of the death or removal of any of the said
treasurers, the commissioners and assessors of the proper coun—
ty for the time being, or the major part of them, shall appoint
others to supply the places of such as shall so die or be re-
190
27% Statutes at Large 0f Pennsylvania. [1 717-18
moved from time to time, who shall give security as above,
which said respective treasurers shall give security in manner
aforesaid, and shall keep a distinct book'ineach county, con-
taining a particular account of all the rates and assessments
made or to be made, as aforesaid, as also of all disbursements
and payments made by former orders of the justices and asses-
sors, together with such payments as shall hereafter be made,
by order of the said commissioners and assessors by virtue of
this act. And that the said treasurers shall yearly, at the next
quarter-sessions, after midsummer ‘day, in each respective
county of this province, bring in and settle their respective ac-
counts with the said commissioners and assessors, a majority
of whom shall give attendance for that purpose, and shall have
power to adjourn from time to time, till the said accounts are -
settled. And the said treasurers shall be allowed for their
trouble in receiving and paying all such moneys as shall come
into their hands respectively by virtue of this or any other act
for raising county levies, so much as the said commissioners
and assessors or the major part [of] them from time to time
shall judge reasonable.
[Section X11.] And be it further enacted, That where any
county treasurers have been or shall be removed from their
said ofﬁces they shall deliver up to the succeeding treasurer all
the books, public accounts and papers belonging to those coun-
ties, whole, entire and undefaced, under the penalty of one
hundred pounds, to be recovered in manner and for the uses
hereinabove mentioned; and where any county treasurer hath
been or shall be removed by death, the executors or administra-
tors of such decedent shall deliver, in like manner all the books
and papers relating to the said public accounts to the succeed-
ing treasurers, under the same penalties to be recovered as
aforesaid. '
[Section X111.] And be it further enacted by the ‘authority
aforesaid, That the law passed in the twelfth year of the
reign of the late King William the Third, entitled “An act for
raising county levies,” 1:as also the supplementary act passed
in the fourth year of the late Queen Anne,2 and every article,
1 Passed November 27, 1700, Chapter 32.
2Passed January 12, 1705-6, ‘Chapter 157.

I7I'7—18] T he‘ Statutes at Large of Pennsylvania.
191
clause, or thing therein, or in either of them contained, shall be
and are hereby repealed to all intents, constructions and pur-
poses whatsoever.
[Section XIV.] And be it further enacted, That the said act
for the better ascertaining the public debts and collecting the
arrears of county levies, passed in the tenth year of the reign of
the said late (Queen, together with all thepowers and clauses
therein contained, except such part or parts thereof concerning
which other provisions are made by this act, shall be put in exe-
cution by the commissioners and assessors hereby appointed,
and shall continue and be of full force, and shall be applied,
practised and executed, for the raising, levying, collecting, an-
swering and paying the said respective county levies, accord-
ing to the tenor and intent of this and the said-recited act, as
fully to all intents and purposes as if the same act and every
clause, matter and thing therein contained and not hereby al-
tered had been again herein repeated.
Provided always, That the proprietary and governor’s proper
estate shall not be liable to be rated or assessed, by virtue of
this act.
(Passed February 22, 1717-18. Apparently never submitted to the
consideration of the Crown. See Appendix IV, Section II, and the
Acts of Assembly passed May 12, 1722, ‘Chapter 254; March 20,
1724-25, Chapter 284, and the note thereto.
T he Statutes at Large 07’ Pennsylvania. [1718
At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1717, and continued by ad-
journments until the twenty~second day of February next en-
suing, and from thence until the thirty-ﬁrst day of May, A. D.
1718, the following acts were passed:

CHAPTER CCXXXII.
AN AlCT ‘TO SU-P‘P'IJY IS'OilVDE EOlM'I'S-SIONIS IN A LAIW 'PAS'S'EID AT THE LAST
SESS'I‘ON'S OF ASSEMBLY HELD FOR THIS PROVINCE, ENTITLED
“AN NOT FOR RAISING A DUT-Y UP-ON TO'N'NAGE O'F S‘HIPS AN-D
VESlSElLS.” 1
Whereas the said act requires several things to be performed
by a collector, but no person being particularly named to ofﬁ-
ciate as such, the governor was pleased to commissionate Owen
Roberts, of Philadelphia, gentleman, to put the said act in exe-
cution, being the same person which the assembly intended to
nominate for that service. But inasmuch as the said nomina-
tion was omitted in the said act, and no provision made to as-
certain what reward the collector should receive for putting
. the same act in execution,
Therefore, may it please the governor that it may be en-
acted: -
[Section'L] And be it enacted by William Keith, Esquire,
by and with the'King’s royal approbation Deputy~Lieutenant
and Governor under William Penn, Esquire, Proprietary
and Governor-in-Chief of the Province of Pennsylvania,
&c., by and with the advice and consent of the freemen
of the said Province in General Assembly met, and by the au-
thority of the same, That the said Owen Roberts shall be and
is hereby appointed collector of the said duties and sums of

IPassed February 22, 1717-18, Chapter 228.
. I718] The Statutes at Large of Pennsylvania.
193
money due and payable for the tonnage of all ships, sloops and
other vessels chargeable by the said act, for and during the
continuance thereof, and receiver of all the ﬁnes, forfeitures
and penalties therein appointed to be set, imposed and levied,
which said collector is hereby empowered and required to de-
mand, collect, receive and recover the said duties and sums of
money due and to become due and payable according to the
true intent and meaning of the said act; and to do all such
other matters and things as the collector is thereby required
and directed to do and perform under the penalty of ﬁve hun—
dred pounds current money of America, to be recovered by the
treasurer for the time being, in any court of record in this prov-
ince, by bill, plaint or information, wherein no essoin, protec-
tion or wager of: law, nor more than one imparlance shall be al-
lowed. Vl-Thich said penalty when recovered and all other pen-
alties to be recovered by thisand the said recited act shall be
, paid unto the treasurer of this province, for the time being, and
shall go towards the support of this government.
[Section II.] And be it further enacted by the authority
aforesaid, That the said collector shall once in six weeks or
oftener if thereunto required, during the continuance of the
said act of tonnage, pay unto the provincial treasurer for the
time being, such sums of money as he did or shall receive by
virtue of the said act, but shall deduct out of the same, for his
own use, one penny in the shilling.
[Section 111.] And be it further enacted, That the above
recited act for raising the said duty upon tonnage, and all the
powers, provisions, penalties, causes, matters and things '
therein contained, together with this present act, shall con-
tinue and be in force for and during the term of three years
from the publication of the said recited act, and no longer.
‘Passed May 31, 1718. Apparently never submitted to the consid-
eration of the ‘Crown. See Appendix IV, Section II, and the Act
,of Assembly passed February 22, 1717-18, Chapter 228, and the note
thereto.
194 T he Statutes at Large 0f Pennsylvania. [1718
CHAPTER CCXXXIII.
AN ACT FOR ES‘TABLIS‘HINIG A FER'RY ‘OV'E'R DELAIWARE, AT THE
FALLS.
Whereas it is of absolute necessity that a ferry be erected
and established at the Falls. over Delaware River, for the
better accommodation of passengers traveling in'this province:
[Section 1.] Be it therefore enacted by William Keith, Es-l
quire, by and with the King’s royal approbation Deputy-Lieu-
tenant and Governor under William Penn, Esquire, Proprietary
and Governor-in-Chief of the Province of Pennsylvania, by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That there shall be erected and kept a ferry at the landing-
place of Joseph Kirkbride, which said ferry shall be kept by
the said Joseph Kirkbride, at the place aforesaid, his execu-
tors, administrators or assigns, who shall and are hereby re-
quired at all convenient times to maintain and keep the said
ferry with a good and sufﬁcient boat and man or men to attend
the same, as shall, from time to time, be needful for the car-
riage of all persons, cattle, horses and goods which at the place
aforesaid are ‘to be carried over the said river.
And also, That the said Joseph Kirkbride, and his succes-
sors, shall at all times hereafter (during the time limited by
this act) by him or themselves or servants, give constant and
due attendance on his said ferry.
And the said Joseph Kirkbride and his successors shall
~ have and receive for ferriage over at the place aforesaid, of all
persons (the proprietary and his lieutenant-governor and their
attendants excepted) the rates and prices following: (That is "to
Say)
For every single horse and rider, nine pence; and when a
greater number shall be carried [together], seven pence half-
penny for each.
i
\
1718] The Statutes at Large of Pennsylvania.
I95
For every single person on foot, four pence, and when a
greater number tog-ether, three pence for each.
For every single ox, cow or heifer, one shilling, and when a
greater number is carried together, ten pence for each.
For every single sheep, three pence; but when a greater num-
her, one penny halfpenny for each.
For every single hog, ﬁve pence, and when a greater number,
three pence per head, and no more.
And if the said Joseph Kirkbride, his executors, administra-
tors or assigns, shall not maintain and keep such a sufﬁcient
boat as aforesaid, with a sufficient and able hand, or ‘shall not
give constant and due attendance on the service of the said
ferry, or shall exact or demand any greater or other fees for the
carriage of any passenger, cattle, horses, hogs or sheep, than is
hereinbefore limited and appointed, then and in every such case
he shall forfeit and pay the sum of ﬁve pounds, lawful money
of this province, for every such offense, one moiety thereof to
the'governor, for the support of the government of this prov-
ince, and the other moiety thereof to the party grieved, who
shall sue for the same by bill, plaint or information in any
court of record in this province, wherein no essoin, protection
or wager of law shall be allowed.
[Section 11.] And be it further enacted by the authority
aforesaid, That he, the said Joseph Kirkbride, his executors,
administrators and assigns, shall and may hold and enjoy the
said ferry for and during the term of eleven years from the pub-
lication of this act, if he or they shall so long [well] behave
themselves therein, and that no other person or persons shall
hereafter, for and during the said term of eleven years, pre-
sume to carry any passengers, horses, cattle, sheep or hogs, for
any wages, hire or reward whatsoever over the said river Dela-
ware from this province to New Jersey within the space of two
miles, either above or below the abovesaid ferry, under the pen-
alty of ﬁve pounds forfeiture for every such oﬂ’ense, one moiety
thereof to the governor, for the support of the government of
this province, and the other moiety thereof to such as shall
from time to time be appointed to keep the said ferry, as afore-
said. *
13-—II
196
The Statutes at Large 0f Pennsylvania. [1718
[Section III.] And be it further enacted by the authority
aforesaid, That in case the said Joseph Kirkbride shall refuse
to provide a boat and keep the said ferry, as by this act is di-
rected and allowed, then it shall and may be lawful for the pro-
prietary, William Penn, Esquire, his heirs and assigns, or his
or their commissioners of property for the time being, to ap-
point any other person for that purpose under the same re-
strictions and limitations hereinbefore expressed; and such
person so appointed shall or may be accommodated at the
place aforesaid with a suitable house, or so much convenient
land to erect one on (not exceeding half an acre) at such rates
as the county court and grand jury shall adjudge reasonable,
to be paid by the undertaker to the owner thereof; which land
so assigned, as aforesaid, with the improvements, shall be
deemed and held as the estate of the improver and occupier
thereof, his heirs and assigns, and shall be liable only to be
alienated by the county court and grand jury, on such reason-
able allowances as they shall think ﬁt, as aforesaid, to 'any
other person for the same uses as is above expressed, any law.
usage or custom to the contrary hereof in anywise notwith—
standing.
Provided always, That this act shall continue in force for
and during the term of eleven years from the publication
thereof, and no longer.
Passed May 31, 1718. This Act expired May 31, 1729, before being
considered by the Crown. See Appendix IV, Section II, and Hill’s
letter and Fane’s opinion in Appendix V, Section I, and the Acts of
Assembly passed May 10, 1729, Chapter 305; February 8, 1766, Chap-
ter 533, and the note thereto.
I718] The Statutes at Large 0f Pennsylvania.
I97
CHAPTER CCXXXIV.

AN ACT FOR THE lCONTIN‘UINIG T'HE FERRY FROM BRISTOL, IN ‘THE
lCOUN TY OF‘ BUCKS, TO BURLINGTON, IN THE WESTERN DIVISION OF
‘THEl-‘RJOVI'NCE OF NEW JERSEY.
Whereas by an act of assembly of this province, made and
passed in the eleventh year of the reign of the late Queen
Anne, entitled “An act for establishing and regulating of
ferries over Delaware River to Neshaminy Creek,” 1 it was
enacted that there should be a ferry kept at the town of New
Bristol, in the county of Bucks, over the river Delaware to
Burlington, under such restrictions and regulations, and such
prices as in the said act is mentioned. And further, the said
_ act appointed John Sotcher, of Pennsbury in the said county,
to be the person to keep the said ferry, to hold the said ferry
with all advantages thereby arising to him the said John Sot-
cher, his executors, administrators and assigns, from the pub-
lication of the said act for and during and unto the full end
and term of seven years then next ensuing.
And whereas the said term being near expired, the said
John Sotcher hath humbly requested that the said ferry may
be continued to him, his executors and assigns.
‘Therefore may it please the governor that it may be enacted:
[Section I.] And be it enacted by William Keith, Esquire,
by and with the King’s royal approbation Deputy-Lieutenant
and Governor under William Penn, Esquire, Proprietary and
Governor-in-Chief of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Prov-
ince in General Assembly met, and by the authority of the
same, That it shall and may be lawful to and for the said John
Sotcher, his executors and assigns, to hold and enjoy the said
ferry for and during the term of eleven years, from and after the
expiration of the said recited act, under the same restrictions,
provisions, penalties and forfeitures [and at and for the same

IP-assed June 7, 1712, Chapter 191.
T/ze Statutes at Large of Pennsylvania. [1718
prizes and rewards] as in the said recited act is comprised,
limited, mentioned and appointed, and not otherwise.
IPassed May 311, 1718. Apparently never considered by the Crown,
but allowed to become a law by lapse of ‘time in accordance with
the proprietary charter. See Appendix IV, Section II, and Hill's
letter and Fane’s opinion in Appendix V, Section I, a'rd the Acts
of Assembly passed June 7, 1712, (Chapter 191; February 8, 1766,
Chapter 533, and the notes thereto.

CHAPTER COXXXV.
AN AICT EMPOIWERING THE JYUISTDCES TO SETTIJE THE PRICES OF
LIQUORS IN PUBLIC HOUSES, ANID PROVEN‘DER FOR HORSES I'N
‘' PUBLIC STA‘BLE'S.
Whereas it has been the practice of tavern-keepers, ale-
house-keepers and innholders to exact excessive rates for their
wine, beer, cider and other liquors, and also provender for
horses, without regard to the plenty and cheapness thereof:
[Section 1.] Be it therefore enacted by William Keith, Es-
quire, by and with the King’s royal approbation Deputy Lieu-
tenant and Governor, under William Penn, Esquire, Proprie-
tary and Governor-in-Chief of the Province of Pennsylvania,
by and with the advice and consent of the freemen of the said
Province in General Assembly met, and by the authority of the
same, That the justices of the peace of the respective counties
of this province, and also the mayor, recorder and aldermen of
the city of Philadelphia, shall have full power, four times in the
year, to wit, at the general sessions of the peace, held for the
said counties and city respectively, to set such reasonable prices
on all liquors retailed in public houses, and provender for
horses in public stables, from time to time, as they shall see
ﬁt, which prices shall be proclaimed by the crier at the con-
clusion of their said respective sessions, and ﬁxed upon the
court house doors for public view.
And if any public alehouse-keeper, taverner, innholder or
public stable-keeper exceed the prices so set by the justices, and
be convict thereof, by oath or afﬁrmation of one or more wit-
I718] The Statutes at Large 0/ Pennsylvania.
199
nesses, before one or more justices of the peace of the respective
counties of this province or city of Philadelphia, every such of-
fender shall, for the ﬁrst offense, be ﬁned in any sum not ex-
ceeding twenty shillings, and for the second offense forty shil-
lings, and give security for their good behavior; and for the
third offense, upon conviction in the quarter sessions of the
respective counties or city of Philadelphia, ﬁve pounds, and
not to be recommended to keep a public house or tavern for the
space of three years after such conviction.
Passed May 31, 1718. Apparently never considered ‘by the Crown,
but allowed to become a law by lapse of time in accordance with
the proprietary charter. See Appendix IV, Section II, and Hill’s
letter and Fane’s opinion in Appendix V, Section 1.

CHAPTER CCXXXVI.

AN AIGT FOR THE ADVANCEMENT OF‘ JUSTICE, AND MORE CERTAIN
ADMINISTRATION THEREOF.
Whereas King Charles the Second, by his royal charter to
William Penn, Esquire, for erecting this country into a prov-
ince, did declare it to be his will and pleasure that the laws
for regulating and governing of property within the said prov-
ince, as well for the descent and enjoyment of lands as for the
enjoyment and succession of goods and chattels, and likewise
as to felonies, should be and continue the same as they should
be for the time being by the general course of the law in the
kingdom of England, until the said laws shall be altered by
the said William Penn, his heirs or assigns, and by the free-
men of the said province, their delegates or deputies, or the
greater part of them.
And whereas it is a settled point that as the common law
is the birthright of English subjects, so it ought to be their rule
in British dominions. But acts of parliament have been ad-
judged not to extend to these plantations, unless they are par-
ticularly named in such acts.
Now forasmuch as some persons have been encouraged to
200
The Statutes at Large of Pennsylvania. [1718
transgress certain statutes against capital crimes, and other
enormities, because those statutes have not been hitherto fully
extended to this province,
Therefore, lest there should be any further failure in that be-
half, may it please the governor that it may be enacted,
[Section I.] And be it enacted by William Keith, Esquire,
by and with the King’s royal approbation Deputy-Lieutenant
and Governor, under the said William Penn, Esquire, Proprie-
tary and Governor-in-Chief of the Province of Pennsylvania, &c.,
by and with the advice and consent of the freemen of the said
Province in General Assembly met, and by the authority of the
same, That all inquests and trials of high treason shall be ac-
cording to the due order and course of the common law, observ-
ing the directions of the statute laws of Great Britain, relating
to the trials, proceedings and judgments in such cases.
[Section 11.] And be it further enacted, That the inquiries
and trials of all petty treasons, misprision of treason, murder,
manslaughters, homicides, and all such other crimes and mis-
prisiions as by this act or any other act of assembly of this
province are or shall be made capital or felonies of death,
which have been or shall be done, committed, perpetrated or
happen within this province, shall be as by this act is directed.
And whereas the several crimes declared by this act to be
felonies of death are, by the course of the laws of that part of
Great Britain called England, to be inquired of and tried by
justices, juries and witnesses, upon their oaths. But foras-
much as the greatest part of the inhabitants of this province
are such who, for conscience’ sake, cannot take an oath in any
case, yet without their assistance justice cannot [be] well ad-
ministered and too great a burden will fall upon the other in-
habitants:
[Section III.] Be it therefore enacted by the authority afore—
said, That all and all manner of crimes and offenses, matters
and causes whatsoever, to be inquired of, heard, tried and de-
termined by virtue of this or any other act or law of this
province, or otherwise, shall and may be inquired of, heard,
tried and determined by judges, justices, inquests and wit-
nesses, qualifying themselves according to their conscientious
I 718] T he Statutes at Large of Pennsylvania.
20I
persuasions respectively, either by taking a corporal oath, or
by the solemn afﬁrmation allowed by act of parliament to
those called Quakers in Great Britain, which afﬁrmation of such
persons as conscientiously refuse to take an oath, shall be ac-
counted and deemed in the law to have the full effect of an
oath in any case whatsoever in this province. And that all
such persons as shall be convicted of falsely and corruptly
afﬁrming or declaring any matter or thing, which, if the same
[had been] upon oath, would by law amount to willful and
' corrupt perjury, shall incur the same penalties, disabilities
and forfeitures, as persons convicted of willful perjury do incur
by the laws of Great Britain.
And that upon all trials of the said capital crimes, lawful
challenges shall be allowed, and learned counsel assigned to the
prisoners, and shall have process to compel witnesses to ap-
pear for them upon any of the said trials. But before such
witnesses shall be admitted to depose or to give any manner of
evidence, they shall ﬁrst take an oath or afﬁrmation “To say
the truth, the whole truth, and nothing but the truth,” in such
manner as the witnesses for the King are by the law of this
province obliged to do. And if convicted of any willful perjury
in such evidence shall suffer all the punishments, penalties,
forfeitures and disabilities which by any of the laws and
statutes of Great Britain are or may be inﬂicted upon persons
convicted of willful perjury.
But if any of the said prisoners shall, upon their arraignment
for any of the said crimes, stand mute, or not answer directly,
or shall peremptorily challenge above the number of twenty
persons returned to serve of the jury, he or they so offending
shall suffer as a felon convict. and shall lose the beneﬁt of
clergy and of this act, in the same manner as he or they should
have done if they had been indicted, arraigned, and found
guilty, if it appear to the justices, before whom such felons be
arraigned, by evidence given before them, or by examination,
that the same felonies whereon they are so arraigned had been
such felonies by reason whereof they should have lost the ben-
eﬁt of their clergy.
And when any person or persons shall be so as aforesaid
202
T he Statutes at Large of Pennsylvania. [1718
convicted or attainted of any of the crimes, they shall suffer
as the laws of Great Britain now do or hereafter shall
direct and require in such cases respectively. And it shall
and may be lawful for the justices of the court where any of the
said attainders or convictions shall happen, to give and pro-
nounce such judgment or sentence against the persons so at-
tainted or convicted, as their crimes respectively require, ac-
cording to the manner, form and direction of the laws of that
part of Great Britain called England in the like cases, and
thereupon to award and order execution to be done accordingly.
[Section IV.] And be it further enacted by the authority
aforesaid, That if any person or persons shall commit sodomy
or buggery, or rape or robbery, which robbery is done by as-
saulting another on or near the highway, putting him in fear,
and taking from his person money or other goods, to any value
whatsoever, he or they so offending, or committing any of the
said crimes within this province, their counsellors, aiders, com-
forters and abettors, being convicted thereof as abovesaid,
shall suffer as felons, according to the tenor, direction, form and
effect of the several statutes in such cases respectively made
and provided in Great Britain, any act or law of this province
to the contrary in anywise notwithstanding.
[Section V.] And be it further enacted by the authority
aforesaid, That if any woman shall be delivered of any issue
of her body, male or female, which being born alive should, by
law, be deemed a bastard, and that she endeavor privately,
either by drowning or secret burying thereof, or any other way,
either by herself or the procuring of others, so to conceal the
death thereof, as that it may not come to light, whether it were
born alive or not, but be concealed, in every such case the
mother so oﬁending, being convicted thereof according to the
usual course of proceedings in capital crimes within this prov-
ince, shall suffer death, as in case of murder; except such
mother can make proof, by one witness at the least, that the
child, whose death was by her so intended to be concealed, was
born dead.1 And if any person or persons shall counsel, advise
or direct such woman to kill the child she goes with, and after

1 Repealed by Act of September 15, 1786, Chapter 1241.
I718] The Statutes at Large of Pennsylvania.
203
she is delivered of such child, she kills it, every such person so
advising or directing shall be deemed accessary to such mur-
der, and shall have the same punishment as the principal shall
have.
[Section VI.] And be it further enacted by the authority
aforesaid, That the statute against stabbing, made in the ﬁrst
year of the reign of King James the First, chapter eighth, enti—
tled “An act to take away the beneﬁt of the clergy for some
kind of manslaughter,” shall be duly observed and put in exe-
cution in this province, and be of like force and effect as if the
same act were [here] repeated and enacted; but that all such
persons as shall happen to be present and aiding to the stab-
bing of another, which by the said act is made murder, shall not
be deemed principals but accessaries to such stabbing.
[Section VII.] And be it further enacted by the authority
aforesaid, That if any person or persons on purpose, and of
malice aforethought, and by lying in wait, shall unlawfully
cut out or disable the tongue, put out an eye, slit the nose, cut
011' the nose or lip, or cut off or disable any limbs or members
of any of the King’s subjects, with intention in so doing to
maim or disﬁgure, in any of the manners before mentioned, such
HIS Majesty’s subjects, that then and in every such case, the
person or persons so offending, their counsellors, aiders and
abettors, knowing of and privy to the offense as aforesaid, shall
suffer death, as in the cases of felony, without beneﬁt of clergy.
[Section VIII] And be it further enacted by the authority
aforesaid, That another statute made in the ﬁrst year of the
reign of King James the First, chapter twelfth, entitled “An
act against conjuration, witchcraft, and dealing with evil and
wick-ed spirits,” shall be duly put in execution in this province,
and of like force and eﬂect, as if the same were [here] repeated
and enacted.
[Section IX.] And be it further enacted by the authority
aforesaid, That if any person or persons shall be so as aforesaid
convict of burglary, which is a breaking and entering into
a dwelling house of another in the night time, with intent to
kill some reasonable creature, or to commit some other felony
within the same house, whether the felonious intent be exe-
13*-~II
204
The Statutes at Large of Pennsylvania. [1718
cuted or not, he or they so offending within this province, being
convicted thereof as aforesaid, shall suffer death without bene-
ﬁt of clergy, any law of this province to the contrary notwith-
standing.
And if any person or persons shall be so as aforesaid con-
victed of maliciously and voluntarily burning the dwelling
house, barn, stable or outhouse of another, having corn or hay
therein, he or they so offending within this province, shall suffer
death, any law of this province to the contrary notwith-
standing.
[Section X.] And be it further enacted by the authority
aforesaid, That if any principal offender in any capital crime,
which by the laws of this province for the time being is made
felony of death, shall be convicted of any such felony, or shall
stand mute, or peremptorily challenge above the number of
twenty persons returned to serve of the jury, it shall and may
be lawful to proceed against any accessary, either before or
after the fact, in the same manner as if such principal felon
had been attainted thereof, notwithstanding any such prin-
cipal felon shall be admitted to the beneﬁt of his clergy, par-
doned, or otherwise delivered before attainder; and every such
accessary shall suffer the same punishment, if he or she be
convicted, or stand mute, or peremptorily challenge above the
number of twenty persons returned to serve of the jury, as he or
she should have suffered if the principal had been attainted.
[Section XL] And be it further enacted by the authority
aforesaid, That if any person or persons shall receive, harbor
or conceal any of the said robbers or burglars, felons or thieves,
or shall receive or buy any goods or chattels, that shall be
feloniously taken or stolen by any such robbers or burglars,
felons or thieves, knowing the same to be stolen, and being so
as aforesaid convicted of either of the said offenses, if he or
they pray to have the beneﬁt of this act, in lieu of clergy, judg-
ment of death shall not be given against them upon such con-
viction, nor execution awarded upon any outlawry for such of-
fense, but they shall be burnt in their hands, in manner as
hereinafter directed.
Provided always, That if any such pripcipal robber or bur-
I718] The Statutes at Large of Pennsylvania.
205
glar, felon or thief, cannot be taken, so as to be prosecuted and
convicted for any such offense, nevertheless it shall be lawful
to prosecute and punish every such person and persons, buying
or receiving any goods stolen by any such principal felon, know-
ing the same to be stolen, as for a misdemeanor, to be punished
by ﬁne and imprisonment, or other such corporal punishment
as the court shall think ﬁt to inﬂict, although the principal
felon be not before convict of the said felony. Which punish-
ment shall exempt the offender from [being] punished as acces-
sary, if such principal felon shall afterwards be taken and con-
victed.
[Section XIL] And be it further enacted by the authority
aforesaid, That if any person or persons, who have been in-
dicted or appealed, or hereafter shall be indicted or appealed,
for any of the said crimes, did not, or will not, appear to an-
swer such indictment or appeal, the justices before whom the
same hath been or shall be taken, shall award a writ called
capias against every such offender, directed to the sheriff of the
county where the party indicted or appealed is by such indict-
ment or appeal supposed to be conversant or inhabit, return-
able before the justices of that court, where such party is or
shall be so indicted or appealed, at the supreme or provincial
court next after the taking of such indictment or appeal; by
which writ of capias the same sheriff shall be commanded to
take the body of him or them so indicted or appealed, if he or
they can be found in his bailiwick. And if he or they cannot
be found, the sheriff shall make proclamation in every court of
quarter-sessions, which shall be held for the said county, where
the said party indicted or appealed is supposed to inhabit or
be conversant aforesaid, That he or they being so indicted or ap-
pealed shall appear before the said justices at the said supreme
court, on the day of the return of the said writ of capias, to an-
swer our Lord the King, or [to] the party, of the treason, felony
or trespass whereof he or they are so indicted or appealed.
Which writ shall be‘ delivered to the said sheriff or sheriﬂs three
months before the return thereof; after which writ of capias
so served and returned, if he who is so indicted or appealed
comes not at the said day of return of the said capias and yield
206
T he Statutes at Large 0/‘ Pennsylvania. [1 718
his body to the sheriff, he shall be by the justices of the said
supreme court pronounced outlawed, and attainted of the
crime whereof he is so indicted or appealed as aforesaid. And
from that time shall forfeitand lose all his lands and tenements,
goods and chattels. \Vhich forfeiture, and all other forfeitures
expressed or implied by the said judgments, to be given upon
the said capital offenses mentioned in this act, after such crim-
inal’s just debts and the reasonable charges of their mainte-
nance in prison are deducted, shall go, one-half to the governor
for the time being, towards support of this government, and
for defraying the charges of prosecution, trial and execution of
such criminals, and the other half or residue thereof shall go
to such criminal’s wife and children equally. But if he leaves
no wife or children, then to the next of his kindred, not de-
scending lower than the second degree, to be claimed within
three years after the death of such criminals; otherwise the
same shall go to the governor as aforesaid, any law or usage to
the contrary notwithstanding.
[Section XIIL] Provided always, and be it further enacted,
That where any person or persons charged, committed to
prison, or convicted of any of the said capital crimes, being
justly indebted to any other person or persons, he or they so
indebted may be arrested, or their goods and chattels attached,
to answer the suits of their respective creditors, who making
due proof that the debts or sums demanded are really and with-
out fraud due, shall recover judgment for the same, and execu-
tions may be awarded against the lands, goods and chattels of
such defendants, as is usual in other cases.
Provided also, That he or they who shall happen to break
prison, shall not have judgment of life or member for breaking
of prison only, except the cause for which he or they were taken
and imprisoned did require such judgment had he been convict
according to law.
[Section X1V.] And be it further enacted by the authority
aforesaid, That if any person be convicted of any such felony
as is hereby made capital, for which he ought by the laws of
Great Britain to have the beneﬁt of his clergy, and shall pray
to have the beneﬁt of this act, he shall not be required to read,
I718] The Statutes at Large 0f Pennsylvania.
207
but without any reading shall be allowed, taken and reputed to
be, and punished as a clerk convict, and burnt, if for murder,
with an M upon the brawn of the left thumb; and if for any
other felony, with a T in the same place of the thumb. Which
marks are to be made by the gaoler in open court, as is usual
in Great Britain; which shall be effectual to all intents and pur-
poses, and be as advantageous to him as if he had read as a
clerk, any law or usage to the contrary notwithstanding.
And that the said justices, before whom such offender or of-
fenders shall be tried and convicted, shall also, at their discre-
tion, award and give judgment that such offender and offend-
ers shall be committed to some House of Correction or public
workhouse within the county, city, town or place where such
conviction shall be, there to remain [and be kept] without bail
or mainprise for such time as such justices shall then judge
and award, not less than six months, and not exceeding two
years, to be accounted from the time of such conviction, and an
entry thereof shall be made of record, pursuant to such judg-
ment and award; and such oﬂender and offenders, so judged
and awarded to remain and be kept in such House of Correction
or public workhouse, shall be there set at work and kept at hard
labor, for and during such time as shall be so judged and re-
corded. And in case such person or persons shall refuse or neg-
lect to work and labor as they ought to do, the master or
keeper of such House of Correction, or public workhouse, re-
spectively, is hereby required to give such persons such due
correction as shall be ﬁt and necessary in that behalf.
[Section XV.] And be it further enacted by the authority
aforesaid, That in case any such offender or offenders shall,
after such judgment given, escape out of prison, or out of such
House of Correction or public workhouse as he, she or they
shall be committed unto as aforesaid, such person or persons,
being afterwards retaken, shall be brought before one or more
of the provincial judges, or before two or more of the justices
of the peace of such county, city, town or place, where such of-
fender or oﬂenders shall be so retaken; which judge or justices
are hereby required to commit such oﬁender and offenders to
some House of Correction, or public workhouse, within such
208
The Statutes at Large of Pennsylvania. [1718
county, city, town or place, where he, she or they shall be so
retaken, there to remain without bail or mainprise for any time
not less than twelve months, and not exceeding four years, to
be accounted from the time of such retaking, and there be set
at work, and kept at hard labor, and receive such due correc-
tion as aforesaid.
And in case any master or keeper of any House of Correction,
or public workhouse, shall neglect to do his duty as above di-
rected, any judge or justice of gaol delivery, upon complaint
and due proof thereof made, upon the oath or afﬁrmation of one
or more witnesses to him made, shall be and is hereby em-
powered to remove such person from his said ofﬁce.
[Section XVI] And be it further enacted by the authority
aforesaid, That where a man being convicted of any felony,
for which he may demand the beneﬁt of his clergy, if a
woman be convicted for the same or like offense, upon “her
prayer to have the beneﬁt of this act, judgment of death shall
not be given against her upon such conviction, or execution
awarded upon any outlawry for such offense, but shall suffer
the same punishment as a man should suffer, that has the ben-
eﬁt of his clergy allowed him in the like case: (That is to say)
shall be burnt in the hand, in manner aforesaid; and further,
to be kept in prison for such time as the justices in their discre-
tion shall think ﬁt, so as the same do not exceed one year.
But if any man or woman, who have once had the beneﬁt of
this act as aforesaid, and shall be again convicted of any other
felony, hereby made capital or felony of death, for which a man
might have the beneﬁt of his clergy, every such man or woman
shall be, and are hereby totally excluded from having any
beneﬁt or advantage of this act, but shall suffer pains of death,
as in cases where the beneﬁt of the clergy is by law taken
away.
[Section XVIL] And be it further enacted by the authority
aforesaid, That where any murder or felony hath been or here-
after shall be committed in one county of this province, and one
or more persons shall be accessary or accessaries to any such
murder or felony in another county, that then an indictment
found or taken against such accessary or accessaries, upon the
1718] The Statutes at Large of Pennsylvania.
209
circumstance of such matter, before justices of the peace, or
other justices or commissioners to inquire of felonies in the
county, where such offenses of accessary or accessaries, in any
manner, have been or shall be committed or done, shall be as
good and effectual in law, as if the said principal offense had
been committed or done within the same county where the in-
dictment against such accessary hath been or shall be found.
And that the justices of the said supreme court, or two of
them, upon suit to them made, shall write to the keepers of the
records, where such principal is or shall be hereafter attainted
or convict, to certify them whether such principal be attainted,
convicted or otherwise discharged of such principal felony;
who, upon such writing to them or any of them directed, shall
make [sufﬁcient] certiﬁcate in writing, under their seal or
seals, to the said justices, whether such principal be attainted,
convicted, or otherwise discharged or not. And after they who
have the custody of such records do ,certify that such prin-
' cipal is attainted, convicted, or otherwise discharged of such
offense by the law, then the justices of gaol delivery, or of oyer
and terminer, shall proceed upon every such accessary, in the
county where he or they became ac cessary, in such manner and
form as if both the said principal [offense] and accessary had
been committed and done in the same county where the offense
of accessary was or shall be committed or done.
And that every such accessary, and other offenders above
expressed, shall answer upon their arraignments, and receive
such trial, judgment, order and execution, and suffer such for-
feitures, pains and penalties, as is used in other cases of felony,
and as the statute made in the second and third years of King
Edward the Sixth, chapter the twenty-fourth, entitled “An act
for the trial of murders and felonies committed in several coun-
ties,” doth direct in such cases; which statute shall be ob-
served in this province, any law or usage to the contrary not-
withstanding.
[Section XVIII] And be it further enacted by the authority
aforesaid, That every person who shall unlawfully and cor-
ruptly procure any witness to commit willful and corrupt per-
jury, in any matter or cause depending in suit and variance, in
any of the courts of judicature in this province, or shall unlaw-
210
T he Statutes at Large of Pennsylvania. [I 713
fully and corruptly procure and suborn any witness to testify
upon oath or afﬁrmation in any matter, cause or thing whatso-
ever, such offender shall forfeit the sum of forty pounds, one-
half thereof to the governor, for the support of this govern-
ment, and the other half to the party grieved. But for want of
lands, goods or chattels, to satisfy the said forty pounds, every
such oﬁender, being convicted or attainted of perjury or sub-
ornation aforesaid, shall, for his said offense, suﬁer imprison-
men by the space of six months, without bail, and stand on the
pillory the space of one whole hour, in some market town, or
public place where the offense was committed, and shall suffer
all [the] other punishments, penalties, forfeitures and disabili-
ties which are inﬂicted upon such offenders by any law or stat-
ute of Great Britain.
And that the statute made in the ﬁfth year of Queen Eliza-
beth, chapter the ninth, entitled “An act for punishment of
such persons as shall procure or commit any willful perjury,”
shall be observed in this province, and be duly put in execu-
tion, as well against those that shall falsify their affirmations,
as those -who shall falsify their oaths, or be convicted of sub-
ornation of perjury.
[Section X1X.] And be it further enacted by the authority
aforesaid, That in all cases, where any person or persons have
been or shall be found guilty of any of the said crimes, for
which judgment of death should or may ensue, and shall be re-
prieved to prison, without judgment atthat time given him,
her or them so found guilty, that those who now are or here-
after shall be assigned justices to deliver the gaol where any
such guilty persons shall remain, are hereby empowered and
authorized to give judgment of death, and award execution
against such persons so found guilty and reprieved, as the same
justices, before whom such person or persons was or were
found guilty, might have done before such reprieve.
And that no manner of process or suit, made, sued or had,
before any of the King’s justices of the supreme or provincial
court, gaol delivery, oyer and terminer, justices of the peace,
or other the King’s commissioners, in this province, shall not
in any wise be discontinued by the making and publishing of
1718] T he Statutes at Large of Pennsylvania.
any new commission or association, or by altering the names
of the justices of the said supreme court, gaol delivery, oyer
and terminer, justices of the peace, or other the King’s com-
missioners, but that the new justices of the said supreme court,
jail delivery and of. the peace, and of the commissioners, may
proceed in every respect, as if the old commissions and justices,
and commissioners, had still remained and continued unaltered.
And that no process, pleas, plaints, suits, actions [or] pro-
‘ceedings whatsoever, which now are, or at any time hereafter
shall be commenced, sued, brought or depending, before any of
the said justices of the supreme court, justices of the courts of
common pleas, or other the King’s justices, commissioners or
magistrates, in this province, shall be discontinued, or put with-
out day, by reason of the death or removal of the proprietary,
or his lieutenant-governor of this province, or by the death,
new commission, or not coming of the said justices or commis-
sioners, or any of them; but shall stand good and eﬂectual in
law, to all intents and purposes, notwithstanding the death or
removal of the said proprietary andv governor, or of the death,
new commission, association, or not coming of the said justices,
or any of them. _ '
[Section XX] And be it further enacted by the authority
aforesaid, That if any person or persons, after the ﬁrst day of
October, in this present year one thousand seven hundred and
eighteen, shall commit any simple larceny, which is not by this
act made felony of death, and be duly convicted thereof at the
court of quarter-sessions of the peace, to be held for the re-
spective county where such offense is committed, or where the
offender becomes accessary in this province, he, she or they, so
offending, their aiders, comforters and abettors, shall, for the
ﬁrst offense, restore the goods and chattels, so stolen, to the
right owner or owners thereof, or sh all pay him or them the full
value of such goods, or so much of them as cannot be restored;
which value shall be set by such persons as the court, before
whom such offenders are convicted, shall appoint to do the
same upon their oaths or affirmations, and the said offenders
shall also pay the costs of prosecution, with all such other
sums of money as the same court shall allow for such owner
14—II
The Statutes at-Large of Pennsylvania. [1 718
or owners’ loss of time, charges and disbursements, in the ap-
prehending and prosecution of such oﬂenders.
And moreover shall forfeit and pay the like value of the goods
to the governor, for the support of this government, and shall
be committed to the common gaol of the. county where they
are convicted, there to remain till they make satisfaction for all
the sums so to be adjudged or recovered against them; and
moreover shall be publicly whipped on his or their bare backs
with stripes well laid on, not exceeding twenty-one.
And that he or they who shall so as aforesaid be convicted of
the second offense, and his and their aiders, comforters and
abettors, shall pay to the right owner or owners of the goods
and chattels, so stolen, the full value of such goods and chat-
tels, or of so much of them as are not restored, which value
shall be set as aforesaid; and the said offenders shall also pay
the costs and charges aforesaid, to be allowed as above men—
tioned. _
And moreover, shall forfeit and pay the double value of the
said goods to the governor, for the support of this government,
and shall be committed to the common gaol of the county
where they are convicted, there to remain till they make satis~
faction as aforesaid, and shall be publicly whipped on their
bare backs with stripes well laid on, not less than twenty-one,
nor exceeding forty.
And he or they who shall be so as aforesaid convicted of the
third offense, and his or their aiders or abettors, shall pay to
the right owner or owners of such stolen goods the full value
thereof, to be set as aforesaid; and the said offenders shall also
pay the costs and charges aforesaid, to be allowed as aforesaid;
and shall also forfeit and pay the like treble value to the gov-
ernor, for the support of this government; and shall be com-
mitted to the county gaol, there to remain till they make satis-
faction as aforesaid and shall be publicly whipped on his or
their bare backs with stripes well laid on, not less than thirty-
nine nor exceeding ﬁfty.
And that the said justices, before whom such offenders shall
be tried and convicted of the third offense, shall also, at their
discretion, award and give judgment, that such offenders shall
1718] The Statutes at Large of Pennsylvania.
21
be sent to some House of Correction, or public workhouse, and
there to be set at work, corrected, and remain, without bail, for
such time as the said justices shall then judge and award, not
less than twelve months, and not exceeding four years, to be
accounted from the time of such conviction, and an entry shall
be thereof made accordingly, as is hereinabove directed in other
cases. -
[Section XXL] Provided always, and be it further enacted
by the authority aforesaid, That none of the said imprison-
ments hereby awarded, as part of the punishment of the said
offenders, or any of them, shall stop or avoid the awarding or
taking out of executions, to levy so much of the respective sums
recovered against them as aforesaid, as such offenders refuse or
neglect to pay, when‘such writs are taken out; which execu-
tions shall be directed to the sheriff or coroner of the proper
county, requiring lillll to levy the sums due upon such recov-
eries [as] aforesaid, of the lands and tenements, goods and
chattels, of such offenders, returnable to the court of quarter-
sessions next after the date or test of such writs; which shall
be executed accordingly, and the lands, goods and chattels
thereby seized, shall be sold and conveyed by the said ofﬁcers;
and such sales shall be as available and effectual in law as any
other sales of lands taken and sold for payment of debts, by
virtue of writs of execution, awarded out of the courts of com-
mon pleas in the said respective counties.
[Section XXIL] And be it ‘further enacted by the authority
aforesaid, That all the said forfeitures, arising from offenders
who shall be convicted of the said simple larcenies, and by this
act directed to be applied for support of government, shall be
duly levied by the sheriﬂs of the respective counties, and shall
be paid into the treasury of this province, from time to time,
as soon as the same can be levied; and the provincial treasurer
for the time being shall keep true and just accounts thereof,
and shall issue and pay the same to the use and public service
of this government.
Provided, That the forfeitures arising from the said simple
larcenies, committed within the city of Philadelphia, shall go
as their charter directs.
214
T he Statutes at Large of Pennsylvania. [1718
[Section XXIII] Provided also, and it is hereby enacted
and declared, That the testimony of the said owners of stolen
goods shall be allowed and taken to be good evidence to con-
vict the said felons for such stealing, and that the law of
this province entitled “An act against robbing and stealing,”1
passed in the fourth year of the late Queen Anne, and another
act “directing the punishment of petty larceny under ﬁve shil-
lings,” 2 shall be and are hereby repealed.
[Section XXIV .] And be it further enacted by the authority
aforesaid, That if any person or persons shall agree or com-
pound, or take satisfaction for any stealing, or goods stolen,
such person shall forfeit twice the value of the sums agreed
for or taken. But no person shall be debarred from taking his
goods back, which are stolen, provided he prosecute the felon.
[Section XXV.] Provided always, and be it further enacted
by the authority aforesaid, That no indictment, presentment
or inquisition, or any process whatsoever, now depending in
any court within this province, for any of the crimes or offenses
mentioned in this act, shall be discontinued, abated or quashed
for or by reason of this act, or anything therein contained;
but that the judges and justices of the respective courts within
this province shall proceed to hear, try and determine the said
offenses, in such indictments, presentments and inquisitions
mentioned to be committed against any act or acts of assem-
bly of this province, as were in force at the time of ﬁnding,
making or taking the said indictments, presentments and inqui-
sitions, and thereupon to give judgment, and award execution,
according to the direction of the said respective acts of as-
sembly upon which the said indictments, presentments or in-
quisitions are founded, as if the same act or acts of assembly
were, by a special clause in this act, continued for that pur-
pose, anything herein contained to the contrary notwithstand-
ing.

Passed May 31, 1718. Conﬁrmed by the Lords Justices in Council
May 26, 1719. See Appendix 1V, Section I, and (the two Acts of)
Assembly passed February 24, 1720-21, Chapters 242, 243; (the four
1 Passed January 12, 1705-6, ‘Chapter 118.
ZPassed October 28, 1701, Chapter 107.
I718] The Statutes at Large 0/ Pennsylvania.
215
acts of) August 26, 1721, Chapters 244, 245, 246, 247; May 5, 1722,
Chapter 248; May 12, 1722, Chapter 252; (the three acts of) May 22,
1722, Chapters 255, 256, 258; (the two acts of) March 2, 1722-23,
Chapters 262, 263; March 30, 1722-23, Chapter 270; May 9, 1724,
Chapter 281; March 20, 1724-25, Chapter 285; August 14, 1725, Chap-
ter 288; August 18, 1727, Chapter 295; (the two acts of) May 10,
1729, Chapters 301, 303; (the three acts of) February 14, 1729—30,
Chapters 311, 314, 315; (the two acts of) February 6, 1730-31, Chap-
ters 322, 323; January 19, 1733-34, Chapter 332; March 29, 1734-35,
Chapter 338; September 2, 1738, Chapter 347; (the two acts of) Feb-
ruary 3, 1742-43, Chapters 354, 359; October 19, 1744, Chapter 362;
(the two acts of) March 7, 1745-46, Chapters 368, 369; January 27,
1749-50, Chapter 3'83; August 18, 1750, Chapter 386; February 9,
1750-51, Chapter 388; (the two acts of) March 11, 1751-52, Chapters
394, 397; August 22, 1752, Chapter 399; April 8, 1758, Chapter 428;
April 21, 1759, Chapter 439; June 20, 1759, Chapter 446; April 9,
1760, Chapter 456; March 14, 1761, Chapter 460; February 17, 1762,
Chapter 478; March 26, 1762, Chapter 481; (the two acts of) March 4,
1763, Chapters 484, 490; April 2, 1763, Chapter 499; February 3, 1764,
Chapter 508; February 8, 1766, Chapter 533; (the three acts of) Feb-
ruary 21, 1767, Chapters 548, 555, 557; (the two acts of) May 20, 1767,
Chapters 560, 562; February 20, 1768, Chapter 578; February 18, 1769,
Chapter 594; (the two acts of) February 24, 1770, Chapters 610, 612;
September 29, 1770, Chapter 616; February 9, 1771, Chapter 618;
(the seven acts of) March 9, 1771, Chapters 620, 623, 624, 626, 627,
635, 636; October 19, 1771, Chapter 639; (the nine acts of) March 21,
1772, Chapters 641, 645, 647, 648, 650, 652, 657, 660, 662; (the two
acts of) February 26, 1773, Chapters 674, 675; September 28, 1773,
Chapter 686; (the two acts of) January 22, 1774, Chapters 689, 694;
December 24, 1774, Chapter 703; (the three acts of) March 18, 1775,
Chapters 706, 707, 709; April 6, 1776, Chapter 719; and the Ordin-
ances passed by the Constitutional Convention, August 1, 1776,
Chapters 727, 728; September 5, 1776, Chapter 732; September 12,
1776, Chapter 733; and the Constitution of 1776, Sections 23, 25, 26,
27, 28, 29, 38, 39, 45; and the acts passed January 28, 1777, Chapter.
737; January 29, 1777, Chapter 738; February 11, 1777, Chapter 740;
February 14, 1777, Chapter 742; February 20, 1777, Chapter 744;
(the two acts of) March 14, 1777, Chapters 747, 748; March 17, 1777,
Chapter 750; March 20, 1777, Chapter 753; June 18, 1777, Chapter
758; June 19, 1777, Chapter 761; January 2, 1778, Chapter 777;
March 6, 1778, Chapter 784; March 13, 1778, Chapter 788; August
19, 1778, Chapter 801; September 7, 1778, Chapter 809; November
17, 1778, Chapter 817; March 15, 1779, Chapter 825; March 16,
1779, Chapter 828; March 29, 1779, Chapter 832; March 30, 1779,
Chapter 833; October 9, 1779, Chapter 855; November 25, 1779,
Chapter 867; (the two acts of) November 26, 1779, Chapters 869, 870;
November 27, 1779, Chapter 874; March 1, 1780, Chapter 881; March
2, 1780, Chapter 883; (the three acts of) March 8, 1780, Chapters
887, 888, 889, March 10, 1780, Chapter 890; March 17, 1780, Chapter
897; March 18, 1780, Chapter 899; May 30, 1780, Chapter 910; Sep—
tember 22, 1780, Chapter 915; September 23, 1780, Chapter 919;
March 24, 1781, Chapter 930;-April 5, 1781, Chapter 936; April 9,
1781, Chapter 940; April 10, 1781, Chapter 942; June 21, 1781, Chap-
ter 945; October 1, 1781, Chapter 955; December 28, 1781, Chapter
The Statutes at Large 0f Pennsylvania. [1718
958; March 18, 1782, Chapter 960; (the three acts of) April 13, 1782,
Chapters 969, 970, 975; April 15, 1782, Chapter 982; September 20,
1782, Chapter 987; December 3, 1782, Chapter 1000; March 19, 1783,
Chapter 1016; March 21, 1783, Chapter 1023; September 8, 1783,
Chapter 1028; September 12, 1783, Chapter 1031; December 6, 1783,
Chapter 1059; (the two acts of) December 9, 1783, Chapters 1062,
1063; February 9, 1784, Chapter 1067; March 15, 1784, Chapter 1078;
March 27, 1784, Chapter 1089; March 30, 1784, Chapter 1090; (the
two acts of) September 15, 1784, Chapters 1110, 1112; (the two acts
of) February 18, 1785, Chapters 1132, 1133; March 16, 1785, Chapter
1137; March 19, 1785, Chapter 1138; March 26, 1785, Chapter 1145;
'March 28, 1785, Chapter 1146; March 31, 1785, Chapter 1155; April
4, 1785, Chapter 1159; April 5, 1785, Chapter 1161; April 8, 1785,
Chapter 1164; August 31, 1785, Chapter 1168; (the two acts of) Sep-
tember 13, 1785, Chapters 1175, 1178; September 16, 1785, Chapter
1183; September 19, 1785, Chapter 1187; March 4, 1786, Chapter 1205;
March 9, 1786, Chapter 1211; April 7, 1786, Chapter 1222; August
26, 1786, Chapter 1230; September 15, 1786, Chapter 1241; (the two
acts of) September 25, 1786, Chapters 1246, 1248; February 28, 1787,
Chapter 1261; March 5, 1787, Chapter 1265; March 15, 1787, Chap—
ter 1275; March 17, 1787, Chapter 1278; (the two acts of) March 28,
1787, Chapters 1279, 1281; ‘September 10, 1787, Chapter 1301; Sep-
tember 22, 1787, Chapter 1313; September 24, 1787, Chapter 1315; and
the Constitution of the United States, Article 1, Section 8,
Article III, Section 2, and (the two acts of) September 29, 1787,
Chapters 1316, 1318; March 29, 1788, Chapter 1345; (the two acts of)
October 4, 1788, Chapters 1376, 1377; March 11, 1789, Chapter 1394;
March 12, 1789, Chapter 1395; and the amendments to the Con-
stitution of the United States adopted in 1789; and the acts passed
March 18, 1789, Chapter 1398; March 19, 1789, Chapter 1400; (the
three acts of) March 27, 1789, Chapters 1409, 1411, 1414; September
11, 1789, Chapter 1432; September 12, 1789, Chapter 1433; September
23, 1789, Chapter 1438; September 24, 1789, Chapter 1440; Septem-
ber 29, 1789, Chapter 1451; December 5, 1789, Chapter 1472; March
5, 1790, Chapter 1489; March 10, 1790, Chapter 1492; (the three acts
of) March 27, 1790, Chapters 1494, 1495, 1496; (the two acts of)
April 5, 1790, Chapters 1512, 1516; and the Constitution of 1790,
Article IX, and the acts passed February 26, 1791, Chapter 1529;
March 5, 1791, Chapter 1531; (the two acts of) March 30, 1791, Chap-
ters 1541, 1543; (the two acts of) April 13, 1791, Chap-
ters 1573, 1575; September 21, 1791, Chapter 1582; September 23,
1791, Chapter 1583; September 30, 1791, Chapter 1595; January
20, 1792, Chapter 1603; April 3, 1792, Chapter 1625; April 4, 1792,
Chapter 1628; April 9, 1792, Chapter 1640; March 6, 1793, Chapter
1658; March 30, 1793, Chapter 1667; April 5, 1793, Chapter 1669;
(the two acts of) April 10, 1793, Chapters 1680, 1681; (the three acts
of) April 11, 1793, Chapters 1692, 1693, 1695; September 4, 1793,
Chapter 1702; March 19, 1794, Chapter 1722; April 14, 1794, Chapter
1740; (the three acts of) April 18, 1794, Chapters 1742, 1743, 1747;
(the two acts of) April 22, 1794, Chapters 1758, 1777; March 5, 1795,
Chapter 1806; March 13, 1795, Chapter 1807; March 27, 1795, Chap-
ter 1814; March 31, 1795, Chapter 1820; April 6, 1795, Chapter 1824;
April 11, 1795, Chapter 1826; April 17, 1795, Chapter 1853; (the
three acts of) April 18, 1795, Chapters 1857, 1861, 1862; (the two
I718] The Statutes at Large of Pennsylvania. 217
acts of) April 20, 1795, Chapters 1863, 1864; March 29, 1796, Chap-
ter 1892; April 4, 1796, Chapter 1910; March 4, 1797, Chapter 1922;
March 20, 1797, Chapter 1929; (the two acts of) March 28, 1797,
Chapters 1940, 1941; (the two acts of) April 1, 1797, Chapters 1946,
1947; (the two acts of) February 27, 1798, Chapters 1968, 1973;
(the two acts of) March 16, 1798, Chapters 1974, 1980; (the ﬁve acts
of) April 4, 1798, Chapters 1999, 2000, 2008, 2010, 2011; February 9,
1799, Chapter 2016; February 15, 1799, Chapter 2020; March 1, 1799,
Chapter 2023; March 7, 1799, Chapter 2024; March 20, 1799, Chapter
2033; (the three acts of) March 28, 1799, Chapters 2038, 2044, 2045;
April 4, 1799, Chapter 2051; April 8, 1799, Chapter 2063; April 9,
1799, Chapter 2068; April 10, 1799, Chapter 2073; (the two acts of)
April 11, 1799, Chapters 2091, 2095; January 22, 1800, Chapter 2097;
February 26, 1800, Chapter 2108; March 1, 1800, Chapter 2112;
March 7, 1800, Chapter 2123; March 15, 1800, Chapter 2144; January
2, 1801, Chapter 2156; (the two- acts of) February 12, 1801, Chapters
2179, 2180; February 16, 1801, Chapter 2182; February 26, 1801,
Chapter 2208; February 27, 1801, Chapter 2211; February 2, 1802,
P. L. 32; February 12, 1802, P. L. 37; February 13, 1802, P. L. 58;
(the two acts of) February 22, 1802, P. L. 66, 75; (the three acts of)
March 29, 1802, P. L. 116, 122, 127; April 5, 1802, P. L. 167; (the
four acts of) April 6, 18012, P. L. 173, 178, 198, 265; February 11,
1803, P. L. 319; March 21, 1803, P. L. 379; March 23, 1803, P. L. 389;
(the three acts of) March 24, 1803, P. L. 397, 418, 441; (the two acts
of) March 28, 1803, P. L. 476, 497; (the two acts of) March 29, 1803,
P. L. 507, 542; (the four acts of) April 4, 1803, P. L. 659, 661, 662, 669;
January 7, 1804, P. L. 5; February 6, 1804, P. L. 65; February 8,
1804, P. L. 75; (the two acts of) February 13, 1804, P. L. 88, 110;
February 20, 1804, P. L. 123; (the seven acts of) March 5, 1804, P. L.
131, 154, 176, 199, 210, 215, 235; March 12, 1804, P. L. 254, (the three
acts of) March 19, 1804, ‘P. L. 307, 330, 333; (the three acts of) March
29, 1804, P. L. 402, 431, 434; (the two acts of) April 2, 1804, P. L.
453, 469; (the seven acts of) April 3, 1804, P. L. 474, 478, 488, 491, 499,
513, 517; December 8, 1804, P. L. (1805) 3; February 18, 1805, P. L.
33; (the four acts of) March 2, 1805, P. L. 48, 50, 59, 75; March 7,
1805, P. L. 98 ; (the four acts of) March 25, 1805, P. L. 127, 137, 159,
160; March 28, 1805, P. L. 166; (the two acts of) March 29, 1805, P. L.
176, 183; (the two acts of) April 1, 1805, P. L. 207, 209; April 4,
1805, P. L. 215; February 24, 1806, P. L. 349; (the two acts of) March
1, 1806, P. L. 391, 398; (the three acts of) March 10, 1806, P. L. 419,
430, 443; (the three acts of) March 17, 1806, P. L. 494, 525, 529; (the
two acts of) ‘March 21, 1806, P. ‘L. 558, 570; (the three acts of) March
28, 1806, P. L. 584, 611, 624; (the two acts of) March 31, 1806, P. L.
651, 665; March 11, 1807, P. L. 60; March 16, 1807, P. L. 74; (the
four acts of) April 4, 1807, ‘P. L. 123, 130, 132, 134; (the two acts of)
April 7, 1807, P. L. 140, 170; (the six acts of) April 9, 1807, P. L. 183,
188, 189, 192, 197, 205; April 10, 1807, P. L. 252; (the three acts of)
April 11, 1807, P. L. 259, 265, 279; (the two acts of) April 13, 1807.
[P. L. 284, 286; the Resolution passed April 13, 1807, 1P. L. 305.
December 4, 1807, P. L. (1808) 1; February 1, 1808, P. L.
20; February 15, 1808, P. L. 49; February 22, 1808, P. L.
72; March 24, 1808, P. L. 97; (the three acts of) March 26, 1808, P. L.
113, 117, 147; (the three acts of) March 28, 1808, P. L. 160, 166, 185;
March 11, 1809, P. L. 36; (the two acts of) March 16, 1809, P. L.
218
[1718
T lie Statutes at Large of Pennsylvania.
43, 53; (the two acts of) March 29, 1809, P. L. 125, 130; April 3, 1809,
P. L. 146; (the two acts of) Apr.l 4, 1809, P. L. 163, 193; (the two acts
of) January 30, 1810, P. L. 10, 14; March 10, 1810, 'P. L. 81; (the two
acts of) March 19, 1810, P. L. 87, 128; (the three acts of) March 29,
1810, P. L. 145, 178, 208; February 13, 1811, P. L. 46; (the three acts
of) March 30, 1811, P. L. 145, 182, 189; April 1, 1811, P. L. 198;
April 2, 1811, P. L. 226; March 3, 1812, P. 'L. 69; March 20, 1812, P.
L. 136; March 24, 1812, P. L. 146; (the two acts of) March 31, 1812,
P. L. 237, 251; March 22, 1813, P. L. 136; (the six acts of) March 29,
1813, P. L. 207, 213, 230, 251, 257, 259; February 21, 1814, P. L. 60;
March 3, 1814, P. L. 79; (the three acts of) March 14, 18114, 'P. L. 98,
100, 118; March 21, 1814, P. L. 154; March 22, 1814, P. L. 173; March
26, 1814, P. L. 216; (the 'two acts of) March 28, 1814, P. L. 319, 352;
March 11, 1815, P. L. 113; (the four acts of) March 13, 1815, P. L.
150, 171, 175, 177; January 25, 1816, P. L. 11; March 18, 1816, P. L.
160; March 19, 1816, P. L. 220; (the two acts of) March 10, 1817, P.
L. 92, 95; March 13, 1817, P. L. 109; (the two acts of) March 22,
1817, P. L. 122, 138; March 24, 1817, P. L. 204; March 25, 1817, P. L.
298; January 29, 1818, P. L. 38; February 7, 1818, P. L. 66; March
20, 1818, P. ‘L. 196; (the three acts of) March 24, 1818, P. L. 276, 288,
302; January 27, 1819, P. L. 39; (the ‘two acts of) March 16, 1819, P.
L. 114, 129; March 27, 1819, P. L. 166; March 29, 1819, P. L. 266;
January 29, 1820, P. L. 9; February 9, 1820, P. L. 16; (the two acts
of) February 17, 1820, P. L. 20, 24; (the two acts of) March 6, 1820,
P. L. 46, 54; March 22, 1820, P. L. 99; March 27, 1820, P. L. 104;
(the two acts of) March 28, 1820, P. L. 156, 169; January 6, 1821, P.
L. 4; February 22, 1821, P. L. 50; March 15, 1821, P. L. 90; March
27, 1821, P. L. 133; March 30, 1821, 'P. L. 147; March 31, 1821, P. L.
180; (the six acts of) April 2, 1821, P. L. 210, 234, 244, 247, 252, 254;
(the two acts of) March 30, 1822, P. L. 106, 108; April 1, 1822, P. L.
114 ; (the seven acts of) April 2, 1822, P. L. 149, 186, 217, 218, 226, 229,
286; January 16, 1823, P. L. 10; March 10, 1823, P. L. 64; March 31,
1823, P. L. 216; February 3, 1824, P. L. 18; March 4, 1824, P. L.
32; (the two acts of) March 19, 1824, P. L. 50, 53; March 25, 1824, P.
L. 59; (the two acts of) March 27, 1824, P. L. 99, 102; (the two acts
of) March 29, 1824, P. L. 152, 169 ; March 27, 1824, P. L. 119; March
30, 1824, P. L. 219; (the two acts of) April 11, 1825, P. L. 165, 200;
April 12, 1825, P. L. 247; (the two acts of) March 23, 1826,
P. L. 133, .413; March 25, 1826, P. ‘L. 150; April 1, 1826, P. L. 163;
April 5, 1826, P. L. 204; April 8, 1826, P. L. 253; (the six acts of)
April 10, 1826, P. L. 280, 283, 301, 315, 324, 380; February 12, 1827,
P. L. 34; February 17, 1827, P. L. 41; February 27, 1827, P. L. 45;
March 2, 1827, P. L. 76; March 29, 1827, P. L. 154; April 13, 1827,
P. L. 239; April 14, 1827, P. L. 385; April 16, 1827, P. L. 466; April
17, 1827, P. L. 485; March 5, 1828, P. L. 162; March 19, 1828, P. L. 195;
(the two acts of) April 12, 1828, P. L. 323, 344; April 15, 1828, P. L.
492; (the four acts of) April 23, 1829, P. L. 264, 292, 325, 341; Febru-
ary 6, 1830, P. L. 39; February 23, 1830, P. L. 48; March 12, 1830,
P. L. 80; March 19, 1830, P. L. 118; April 2, 1830, P. L. 147; April
5, 1830, P. L. 195; April 6, 1830, P. L. 218; (the two acts of) April
7, 1830, P. L. 352, 387; February 26, 1831, P. L. 92; March 25, 1831,
P. L. 211; (the two acts of) March 28, 1831, P. L. 220; March 30,
1831, P. L. 228; (the three acts of) April 4, 1831, P. L. 419, 458,
496; March 15, 1832, P. L. 135; March 29, 1832, IP. L. 190; April
I718] The Statutes at Large 0f Pennsj/Zz/mzzkz. 219
7, 1832, P. L. 361; April 30, 1832, P. L. 388; May 4, 1832, P. L.
468; May 5, 1832, P. L. 501; February 20, 1833, P. L. 52; March
1, 1833, P. L. 60; March 21, 1833, P. L. 91; April 6, 1833, P. L.
170; (the three acts of) April 8, 1833, P. L. 215, 222, 305; March
11, 1834, P. L. 117; (the two acts of) April 1, 1834, P. L. 161, 163;
April 8, 1834, P. L. 200; April 10, 1834, P. L. 234; (the three acts of)
April 14, 1834, P. L. 333, 375, 449; (the three acts of) April 15, 1834,
P. L. 473, 509, 537, February 28, 1835, P. L. 45; March 28, 1835, P. L.
88; April 1, 1835, 'P. L. 101; Apr-i1 10, 1835, P. L. 133; April 14, 1835,
P. L. 232; (the three acts of) April 15, 1835, P. L. 291, 336, 384;
March 22, 1836, P. L. 173; (the two acts of) March 31, 1836, P. L. a
297, 332; April 1, 1836, P. L. 427; (the four acts of) June 13, 1836, P.
L. 534, 539, 541, 551, 589; (the eight acts of) June 16, 1836, P. L. 682,
695, 702, 715, 729, 743, 755, 784; April 4, 1837, P. L. 377; the Con-
stitution of 1838, Articles II, IV, VI, and IX, and the acts passed
April 2, 1838, P. L. 258, April 12, 1838, P. L. 332; (the two acts of)
April 16, 1838, ‘P. L. 462, 626; June 12, 1839, P. L. 261, June 27, 1839,
P. L. 515; July 2, 1839, P. L. 519; 'March 11, 1840, P. L. 128; April 1,
1840, P. L. 217; the Resolution passed April 3, 1840, P. L. 714, and
the acts passed April 8, 1840, P. L. 250; April 9, 1840, P. L. 283;
April 13, 1840, P. L. 319; April 14, 1840, P. L. 334; (the two acts of)
April 16, 1840, P. L. 433, 445; June 13, 1840, P. L. 683; March 29,
1841, P. L. 121; March 31, 1841, P. L. 124; April 6, 1841, P. L. 149;
April 21, 1841, P. L. 246; May 4, 1841, P. L. 307; (the two acts of)
May 5, 1841, P. L. 342, 357; May 15, 1841, P. L. 393; (the two acts of)
May 27, 1841, P. L. 396, 400; May 31, 1841, P. L. 417 ; February 8,
1842, P. L. 12; March 11, 1842, P. L. 62; March 12, 1842, P. L. 68;
March 14, 1842, P. L. 72; March 18, 1842, P. L. 125; (the two acts of)
April 5, 1842, LP. L. 230, 236; April 8, 1842, P. L. 256; the Resolutions
passed April 12, 1842, P. L. 488; June 13, 1842, P. L. 491; and the
act passe-d June 23, 1842, P. L. 299; the Resolution passed June 24,
1842, P. L. 493; and the acts passed July 12, 1842, P. L. 339; August
2, 1842, P. L. 458; February 3, 1843, P. L. 8; March 3, 1843, E’. L. 26;
March 31, 1843, P. L. 122; April 4, 1843, P. L. 133; (the two acts of)
April 18, 1843, P. L. 285, 309; April 19, 1843, P. L. 348; April 25,
1844, P. L. 398; April 26, 1844, P. L. 406; the Resolution passed April
26, 1844, P. L. 604; and the acts passed April 29, 1844, P. L. 486:
April 30, 1844, P. L. 551; March 20, 1845. P. L. 191; April 11, 1845, P.
L. 374; April 12, 1845, P. L. 380; April 15, 1845, P. L. 443; (the two
acts of) April 16, 1845, P. L. 507, 532; February 4, 1846, P. L. 30;
March 11, 1846, P. L. 114; March 21, 1846, P. L. 161; March 24,
1846, P. L. 164; April 7, 1846, P. L. 248; (the two acts of) April 17,
1846, P. L. 362, 364; April 20, 1846, P. L. 400; (the three acts of)
April 21, 1846, 'P. L. 431, 432, 467; April 22, 1846, P. L. 486; February
16, 1847, P. L. 111; February 17, 1847, P. L. 114; February 18, 1847,
P. L. 126; February 24, 1847, P. L. 164; February 27, 1847, P. L. 181;
(the three acts of) March 3, 1847, P. L. 198, 206, 217; March 6, 1847,
P. L. 222; March 8. 1847, P. L. 256; (the two acts of) March 16,
1847, P. L. 446, 476; February 3, 1848, P. L. 18; February 8, 1848,
P. L. 25; March 7, 1848, P. L. 110; March 30, 1848, P. L. 308; April
1, 1848, P. L. 323; (the two acts of) April 8, 1848, P. L. 399, 417;
(the two acts of) April 10, 1848, P. L. 428, 448; (the two acts of)
April 11, 1848, P. L. 525, (1849) 740; January 24, 1849, P. L. 676;
(the two acts of) January 26, 1849, P. L. 10, 21; February 5, 1849, P.
T/ze .Sz‘az‘zn‘es a! Large of Pennsylvania.
[I718
L. 29; February 12, 1849, P. L. 51; February 19, 1849, P. L. 79; (the
two acts of) February 27, 1849, ‘P. L. 90, 300; March 6, 1849, P.
L. 138; March 23, 1849, P. L. 217; March 29, 1849, P. L. 263; (the
three acts of) April 5, 1849, P. L. 376, 397, 409; (the three acts of)
April 7, 1849, P. L. 461, 480, 563; (the two acts of) April 9, 1849, P. L.
506, 524; (the four acts of) April 10, 1849, P. L. 549, 570, 619, 631;
April 11, 1849, P. L. 650; (the two acts of) April 16, 1849, P. L. 657,
663; April 17, 1849, P. L. 665; (the two acts of) April 21, 1849, P. L.
671, 673; February 19, 1850, P. L. 89; March 14, 1850, P. L. 206;
March 22, 1850, P. L. 262; (the three acts of) March 25, 1850, P. L.
268, 275, 281; (the two acts of) April 6, 1850, P. L. 373, 387; April
9, 1850, P. L. 434; April 11, 1850, P. L. 450; April 16, 1850, P. L. 477;
April 19, 1850, P. L. 518; (the two acts of) April 22, 1850, P. L. 538,
549; April 25, 1850, P. L. 569; (the ‘three acts of) April 26, 1850, P. L.
577, 592, 595; April 30, 1850, P. L. 634; (the three acts of) May 3,
1850, P. L. 654, 655, 666; May 10, 1850, P. L. 730; May 13, 1850 (see
Purden’s Digest, 1852, page 1389), (the two! acts of) May 15, 1850, P.
L. 764, 772; February 18, 1851, P. L. 82; March 15, 1851, P. L. 163;
March 24, 1851, P. L. 229; (the two acts of) April 3, 1851, P. L. 320,
332; (the three acts of) April 8, 1851, ‘P. L. 371, 381, 388; (the four
acts of) April 12, 1851, P. L. 418, 440, 488, 518; (the four acts of)
April 14, 1851, P. L. 548, 566, 569, 612; April 15, 1851, P. L. 701;
April 28, 1851, P. L. 724; January 12, 1852, P. L. 2; March 10, 1852,
P. L. 124; March 18, 1852, P. L. 164; April 1, 1852, ‘P. L. 211; April
3, 1852, P. L. 280; April 6, 1852, P. L. 268; April 8, 1852, P. L. 295;
April 10, 1852, P. L. 311; April 15, 1852, ‘P. L. 360; April 26, 1852,
P. L. 431; April 27, 1852, P. L. 467; May 1, 1852, P. L. 500; (the three
acts of) May 4, 1852, P. L. 542, 574, 596; March 31, 1853, P. L. 266;
April 13, 1859, P. L. 387; April 14, 1853, P. L. 422; (the four acts of)
April 18, 1853, P. L. 490, 499, 549, 726; (the two acts of) April 20,
1853, P. L. 643, 645; April 30, 1853, P. L. 654; May 11, 1853, P. L.
672; May 20, 1853, P. L. 679; February 2, 1854, P. L. 21; March 27,
1854, P. L. 215; March 30, 1854, P. L. 251; April 6, 1854, P. L. 286;
April 18, 1854, P. L. 386; (the two acts of) April 20, 1854, P. L. 406,
418; (the two ‘acts: of) April 21, 1854, P. L. 430, 437; April 28, 1854, P.
L. 506; (the three acts of) May 8, 1854, P. L. 617, 644, 663; February
26, 1855, P. L. 53; February 27, 1855, P. L. 55; March 13, 1855, P. L.
73; (the two acts at) March 30, 1855, P. L. 155, 160; (the two acts of)
April 5, 1855, P. L. 169, 192; April 12, 1855, P. L. 217; April 13, 1855,
P. L. 231; (the two acts of) April 14, 1855, P. L. 225, 234; April 21,
1855, P. L. 264; (the three acts of) April 26, 1855, P. L. 315, 321, 328;
May 3, 1855, P. L. 421; May 4, 1855, 425; (the ﬁve acts of) May 7,
1855, P. L. 463, 464, 472, 479, 486; (the three acts of) May 8, 1855,
P. L. 512, 514, 531; November 8, 1855, P. L. (1856) 708; February
25, 1856, P. L. 66; March 14, 1856, P. L. 118; March 19, 1856, P. L.
136; March 20, 1856, P. L. 137; (the two acts of) March 31, 1856, P. L.
199, 200; April 2, 1856, P. L. 211; April 4, 1856, P. L. 234; (the two
acts of) April 9, 1856, P. L. 284, 290; April 11, 1856, P. L. 319; (the
two acts of) April 18, 1856, P. L. 400, 420; (the two acts of) April
19, 1856, P. L. 458, 460; April 22, 1856, P. L. 506; May 13, 1856, P.
L. 567; November 6, 1856, P. L. (1857) 795; March 11, 1857, ’P. L. 77;
April 8, 1857, P. L. 167; April 18, 1857, P. L. 229; April 24, 1857, P.
L. 305; April 28, 1857, P. L. 353; May 7, 1857, P. L. 423; ‘May 12,
1857, P. L. 471; May 16, 1857, P. L. 535; May 21, 1857, P. L. 640;
I718] Y /1:@ Sz‘az‘nz‘es az‘ Large of Pennsylvania.
221
October 13, 1857, P. L. (1858) 611; March 5, 1858, P. L. 71; March
10, 1858, P. L. 90; March 11, 1858, 1P. L. 96; (the two acts of) March
15, 1858, P. L. 109, 111; April '5, 1858, P. L. 206; April 15, 1858, P. L.
270; (the two acts of) April 20, 1858, P. L. 354, 365; (the four acts of)
April 21, 1858, P. L. 371, 393, 419, 421; April 22, 1858, P. L. 468;
February 24, 18159, P. L. 74 ; March 1, 1859, P. L. 89; (the two acts of)
March 16, 1859, P. L. 151, 156; April 4, 1859, P. L. 358; April 6, 1859,
P. L. 382; April 7, 1859, P. L. 400; April 9, 1859, P. L. 435; (the two
acts of) April 12, 1859, P. L. 528, 537 ; (the two acts of) April 13,
1859, P. L. 606, 615; April 14, 1859, P. L. 640; February 22, 1860, P. L.
68; (the two acts of) March 27, 1860, P. L. 284, 287; (the two acts of)
March 30, 1860, P. L. 362, 378; (the two acts of) March 31, 1860, P. L.
382, 459; repealed except ‘sections III and IV, by act of March 31,
1860, P. L. 427; as to those sections see acts passed April 22, 1863, P.
L. 531; March 12, 1866, P. L. 85; January 7, 1867, P. L. 1369; May 21,
1869, P. L. 1267; February 12, 1870, P. L. 32; February 24, 1870, P.
L. 34; and the Constitution of 1873, Articles I, III and V; and the
acts passed June 11, 1879, P. L. 148; May 19, 1887, P. L. 128; May 23,
1887, P. L. 158; June 3, 1893, P. L. 286; April 3, 1895, (P. L. 32.

CHAPTER CGXXXVIL
AN ACT FGR 'SU‘PfPLYDN'G SO'M'E DEFECTS IN THE LAW FOR rDHE
RELIEF OF THE POOR.
Whereas by a law of this province entitled “An act for relief
of the poor,” 1 it is provided, that the overseers of the poor for
the respective townships, shall make rates or assessments for
the relief of the poor, indigent and impotent persons inhabiting
within the said townships. But it is not ascertained what set-
tlement shall render one an inhabitant, relievable by the said
act:
[Section 1.] Be it therefore enacted by YVilliain Keith, Es-
quire, by and with the King’s royal approbation Deputy-Lieu-
tenant and Governor, under William Penn, Esquire, Proprie-
tary and (iovernor-in-Chief of the Province of Pennsylvania,
&c., by and with the advice and consent of the freemen of the
said Province in General Assembly met, and by the authority
of the same, That where any unmarried person, not having
child or children, is or shall be lawfully hired as a servant into
any city, township or district in this province, and did or shall
continue and abide in the same [service] during the space of

1 Passed January 12, 1705, Chapter 154.
222
The Slatm‘es at Large of Pennsylvania. [1718
one whole year, such service shall be adjudged and deemed a
good settlement therein.
And if any person shall be bound an apprentice by indenture,
and inhabit in any city or township in this province, such bind-
ing and inhabiting shall be adjudged a good settlement.
And if any person, who hereafter shall come to inhabit in
any of the said townships or districts, shall, for himself and on
his own account, execute any public annual ofﬁce or charge of
the said township or district during the whole year, and shall
be charged with and pay his share towards the county taxes or
levies for the poor of the said township or district, then he shall
be adjudged and deemed to have a legal settlement in the same.
And that no other person or persons whatsoever, who shall
come into any county, city, township or district, within this
province, shall be adjudged to have procured a legal settle-
ment in such county, city, township or district, unless he or
they shall really and bona ﬁde take a lease of a tenement or
plantation of the yearly value of ﬁve pounds, or unless he or
they give sufﬁcient security for the discharge of the said
county, iity, township or district, to be allowed by any two
justices of the peace or magistrates of such county or city.
Provided always, That where any person or persons are
come into any county, city, township or district, in this prov-
ince, out of any other county, city, township or district, or out
of any other place or province, and being likely to become
chargeable to the place where they are so come to inhabit, have
been or shall be required by the overseers of the poor to return
from whence they came, or give security for the discharge of
the county, township or place where they are come to inhabit,
he, she or they refusing and neglecting so to do shall not be
deemed to have acquired a legal settlement by their continu-
ance in the place or places where they are so come to inhabit,
but that upon complaint made by the overseers of the poor of
the proper township or district, to any one or more of the jus-
tices of the peace or magistrates of the proper county or city
respectively, where any of the said persons refusing or neglect-
ing to return or give security, or coming to settle in any tene-
ment or plantation under the said yearly value of ﬁve pounds,
1718 J '1 he Statutes at Large 0/ Pennsylvania.
223
or not otherwise obtaining a lawful settlement, according to
the true meaning of this act, shall reside or be found at the
time of such complaint, it shall and may be lawful to and for
any two justices of the peace of the county or city where any
of the said persons who are likely to be chargeable to the town-
ship or place where they reside or shall come to inhabit, by
their warrant, to remove and convey such person or persons to
the county, ,city, township or place, where, he, she or they
[were] last legally settled, either as native, householder, so-
journer, appprentice or servant, unless he or they give sufﬁcient
security for the discharge of the said county, city or township,
to be allowed by the said justices.
Provided always, That if any person or persons shall ﬁnd
him, her or themselves aggrieved by any order or determina-
tion which any of the said justices of the peace or magistrates
shall make in any of the cases abovesaid, such person or per-
sons shall have liberty to appeal to the next general quarter-
sessions [of the peace] of the county or city where such deter-
mination shall be made, who, upon hearing of such appeal,
shall have full power ﬁnally to determine the same, and to
award costs as the justices of the peace at their quarter-ses—
sions in Great Britain, by a statute made in the eighth and
ninth years of King William the Third, are empowered and re-
quired to do in such cases.
And if any person be removed by virtue of this act from one
county, city, township or place to another, by warrant, under
the hands and seals of two justices of the peace or magistrates
as aforesaid, that the overseers of the poor of the township or
district to which the said persons shall be so removed, are
hereby required to receive the said persons. And if any of
the said overseers shall refuse or neglect so to do, he or they
so offending, upon proof thereof by one or more credible wit-
nesses upon oath or afﬁrmation, before any one of the justices
of the supreme court of this province, shall forfeit for each
offense the sum of ﬁve pounds, to the use of the poor of the
township or district from which such person was removed, to
be levied by distress and sale of the offender’s goods, by war-
rant under the hand and seal of the justices of the said su-
l0
T/ze Sz‘atzn‘es at Large of Pennsylvania. [1 71 8
preme court, which they are hereby empowered and required
to make, directed to the constable of the township where such
offender or offenders dwell, returning the overplus (if any be)
to the owner or owners. And for want of sufﬁcient distress,
then the offender to be committed to the gaol of the county
where he dwells, there to remain without bail or mainprise for
the space of forty days.
Provided always, That all such persons, who think them-
selves aggrieved with any such judgment of the said two jus-
tices, may appeal to the next general quarter-sessions of the
peace, to be held for the county or city from which the said
person was so removed. And that the appeal against any
order for the removal of any poor person out of any township
or place shall be had, prosecuted and determined, at the gen-
eral quarter-sessions of the peace for the county, city or place,
from whence such poor persons shall be removed, doth lie, and
not elsewhere.
And to the end that the money raised only for the relief of
such as are impotent and poor may not be misapplied and con—
sumed by the idle, sturdy and disorderly beggars:
[Section IL] Be it further enacted by the authority afore-
said, That every such person, as from the twenty-fourth day
of June, in the present year one thousand seven hundred and
eighteen, shall be upon the collection, and receive relief of any
county, city or place, and the wife and children of any such
person cohabiting in the same house (such child only excepted
as shall be by the Overseers of the poor permitted to live at
home, in order to have the care of and attend any impotent and
helpless parent) shall, upon the shoulder of the right sleeve of
the upper garment of every such person, in an open and visible
manner, wear such badge or mark as is hereinafter mentioned
and expressed: (That is to say) a large Roman P, together with
the ﬁrst letter of the name of the county, city or place whereof
such poor person is an inhabitant, cut either in red or blue
cloth, as by the Overseers of the poor it shall be directed and ap-
pointed.
And if any such poor person shall at any time neglect or re
fuse to wear such badge or mark as aforesaid, and in manner
I 718] The Statutes a! Large of Pennsylvania.
aforesaid, it shall and may be lawful for any justice of the
peace of the county, city or place where any such offense shall
be committed, upon complaint to him for that purpose made,
to punish every such offender for every such offense, either by
ordering of his or her relief or usual allowance on the collection
to be abridged, suspended or withdrawn; or otherwise, by com:
mitting such oﬁ'ender to the House of Correction, there to be
whipped, and kept at hard labor for any number of days, not
exceeding twenty-one, as to the said justice should seem meet.
And if any such overseer of the poor shall relieve any such
poor person, not having or wearing such badge or mark as
aforesaid, being thereof convicted, upon the oath or afﬁrmation
of one or more credible witnesses, before any justice of the
peace of the county or city where such offense shall be com—
mitted, shall forfeit for every such offense the sum of twenty
shillings, to be levied by distress and sale of the goods of every
such offender, by warrant under the hand and seal of any such
justice, one moiety thereof to the informer, and the other to the
poor of the township or place where the offense shall be com-
mitted.
iPassed May 31, 1718. Apparently never considered by the Crown,
but allowed to become a law by lapse of time in accordance with
the proprietary charter. See Appendix IV, Section II, and Hill’s
letter and Fane’s opinion in Appendix V, Section I, and the Acts
of Assembly passed March 29, 1735, Chapter 336; August 19, 1749,
Chapter 379. Repealed by Act of March 9, 1771, Chapter 635.

(‘IIAPTER CCXXXYHI.
AN ACT ‘FOR THE VESTING THE HOUSE AND LOT OF GROUN‘D LYING
IN PHILADELPHIA, LATE THE ESTATE AND INHERITANCE OF WIL-
LIAM CLARKE, OF LEwEs, IN THE COUNTY OF sUssEx, DECEASED,
IN TRUSTEES, To BE SOLD FOR THE PAYMENT OF HIS DEBTs. &c.
Whereas it hath been represented to this assembly that Wil-
liani Clarke, late of Sussex county on Delaware, gentleman, in
his lifetime, to wit, in the year one thousand seven hundred and
four, was indebted to sundry persons in several great sums of
money, and at the same time was an accomptant to the Crown
T/ze Slatutes at Large 0/ Pennsylvania. [1 7 I 8
for more than the real value of his estate, and particularly was
indebted to one William Houston, late of Newcastle upon Dela-
ware, merchant, deceased, in one hundred and ten pounds for
so much money borrowed of the said William Houston, for the
payment whereof the said WVilliam Clarke and William Clarke,
Junior, on the second day of March, one thousand seven hun-
dred and four, did bind themselves jointly and severally and
their heirs to the said William Houston in two hundred and
twenty pounds, with a condition thereupon indorsed for the
payment of one hundred and ten pounds, within one year from
the date of the said obligation, and that the said William
Clarke, the father, being at the same time seized in fee of a mes-
suage and lot of ground in Philadelphia, bounded to the north-
ward on Chestnut street, to the eastward with the third street,
being ninety-nine feet in breadth and in length two hundred
and seventy-two feet more or less, and that he, the said William
Clarke, immediately after the date of the said bond made a vol-
untary settlement of the aforesaid messuage and lot of ground
(being all his estate in Philadelphia) upon his said son, William
Clarke, Junior, and one Rebecca Curtis (to whom it is said that
the said “William Clarke, Junior, was afterwards married) and
on the heirs of the said ‘William Clarke, Junior, on the body of
the said Rebecca to be begotten.
And whereas it is also represented that the said William
Clarke, the father, soon after died and all his estate, [both] real
and personal, extended for a debt due from him to the Crown,
and William Clarke, Junior, afterwards secretly withdrawing
himself and his family and [all] his effects out of this province
into the island of Barbados, where he is since dead, and left
no estate in this province to satisfy the said debt, which with
interest is now increased to the sum of one hundred and thirty-
nine pounds ﬁfteen shillings and ten pence farthing, lawful
money of America; and the executor of the said William Hous-
ton like to be defeated and defrauded of his just debt,
May it therefore please the governor, at the humble request
of Anthony Houston, executor and universal legatee of the said
William Houston, deceased, to vouchsafe that it may be en-
acted and:
I 718] The Statutes at Large 0f Peaasyt'z/aaza.
227
[Section 1.] Be it enacted by William Keith, Esquire, by
and with the King’s royal approbation Deputy-Lieutenant
and Governor under William Penn, Esquire, Proprietary and
Governor-in-Chief of the Province of Pennsylvania, by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
the said messuage and lot of ground lying and being in Phila—
delphia aforesaid now in possession of Andrew Hamilton, by
agreement of Clement Plumsted, attorney for the said William
Clarke, Junior, &c., with every of the rights and members, to-
gether with all houses, fences and appurtenances whatsoever
to the premises or any part thereof belonging or appertaining
or accepted, reputed, taken, used, occupied; or enjoyed as part,
parcel or member thereof, shall from and after the tenth day of
June, in the year one thousand seven hundred and eighteen, be
actually vested and settled in Charles Read, William Fish-
bourn and Israel Pemberton, of Philadelphia, merchants, their
heirs and assigns, and that from and after the said tenth day of
June, in the year one thousand seven hundred and eighteen,
they, the said Charles Read, William Fishbourn and Israel Pem-
berton, and their heirs, shall be adjudged and taken to be seized
thereof and of every part and parcel thereof to them, their heirs
and assigns, and may hold and enjoy the same free from all the
estates, uses, limitations, remainders, titles and charges made
and raised or intended to be raised by the said W'illiam Clarke,
the father, in his lifetime in and by the said deed of gift or set-
tlement of the twentieth day of March, one thousand seven hun-
dred and four, to the said William Clarke, Junior, and Rebecca
Curtis as aforesaid, and freely and clearly acquitted and dis-
charged of and from all other rights, titles, entails, dowers,
jointures and incumbrances whatsoever upon trust neverthe-
less that the said Charles Read, William Fishbourn and Israel
Pemberton or any two of them, their heirs and assigns and the
survivor of them and the heirs and assigns of such survivor,
shall by sale thereof raise the sum of one hundred and thirty-
nine pounds thirteen shillings and ten pence fax-thing, lawful
money of America, or so much thereof as remains unpaid, as also
as much money as upon account exhibited to the said trustees
15—II
228
The Statutes at Large of Pennsylvania. [1 718
shall be allowed by them to the said Andrew Hamilton for
his charges laid out in the necessary reparations of the said
messuage and premises after the yearly rent of twenty-two
pounds ten shillings deducted, or so much as the said messuage
and lot of ground aforesaid will yield, to be sold for the dis-
charge of the said sum of one hundred and thirty-nine pounds,
ﬁfteen shillings and ten pence farthing, and the charges and
disbursements laid out by the said Andrew Hamilton in the
said reparations to be allowed as aforesaid. And if any sum
or sums of money shall remain in the hands of the said trus-
tees or their heirs or any of them from and after the satisfac-
tion of the said debt of one hundred and thirty-nine pounds
ﬁfteen shillings and. ten pence farthing, and the charges and
disbursements of the said Andrew Hamilton as aforesaid and
the charges of obtaining this act, that then the said trustees
and the survivor of them and their heirs, deducting to them-
selves all reasonable charges and expenses by them laid out,
in and about the execution of the said trusts, shall and are
hereby enjoined and required to apply and dispose of the said
moneys so remaining in their hands to and for the payment
of such debt as shall appear to be due to Andrew Robeson or
any other debt or debts really and bona ﬁde due to any other
person or persons whatsoever from the estates late of the said
William Clarke, the father, and William Clarke, the son, and the
surplus, if any be, shall be paid and equally divided between
the widow and the children of the said William Clarke, the son.
Provided always, That to the intent the widow of the said
William Clarke, the son, may have the opportunity to pre-
vent the sale of the said premises by paying or otherwise se-
curing the payment of the said debts, the same premises shall
not be sold by virtue of this act before the sixteenth day of
November next.
Passed May 31, 1718. Repealed by the King in Council, January
8, 1719-20. See Appendix IV, Section III.
I 719] T/ze Siainz‘es at Large of Pennsylvania.
229
At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1718, and continued by ad-
journments to the twenty-ﬁrst day of August, 1719, the follow~
ing act was passed: -
CHAPTER CGXXXIX.

AN ACT LAlYI'NIG AN EXCISE 01R DUTY ON ALL W‘I'NE, RUM, BRANlDY
AND OTHER sPI-RITs, RE'TAILELD IN "THIS ‘PROVINCE.
To the end that provision be made for the payment of public
debts and defraying the necessary charges of government:
[Section 1.] Be it enacted by the Honorable William’ Keith,
Esquire, Governor of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That there shall be throughout this province, raised, levied,
collected and paid for all wine, rum, brandy and other spirits,
retailed, sold, drawn, or bartered, by any person or persons
whatsoever, by any quantity under twenty-ﬁve gallons, and
delivered at one time and to one person, at any time after the
fourteenth day of May, in this present year of our Lord one
thousand seven hundred and nineteen, and before the four-
teenth day of May which shall be in the year of our Lord one
thousand seven hundred and twenty-two, the rate or sum of
eight pence per gallon, and so proportionably for a greater or
lesser quantity.
[Section 11.] And be it further enacted by the authority
aforesaid, That every retailer of all or any of the liquors afore-
said, before he or they draw, sell or barter any of the said
liquors, shall enter his or her name and place of abode with
the collector hereinafter appointed or his deputy, in a book to
be by him kept for that purpose, and shall also take and have
from the said collector or his deputies, respectively, a permit
for drawing or selling of such liquors, for which entry and per-
230
The Staz‘ufes at Large 0fPe1msy/eama. [I 719
mit they shall pay one shilling, and no more, and all such retail-
ers and every of them are hereby enjoined, once in every three
months, or oftener if required, to make true and particular
entries with the collector or his deputy aforesaid, upon oath or
afﬁrmation (which the said collector and his deputy are hereby
fully empowered to administer) of all wine, rum, brandy and
other spirits, which they or any of them shall vend, barter or
retail within that time, and so from time to time, during the
continuance of this act; and shall and are hereby required to
account and pay unto the said collector once in three months,
or oftener if required, all such sum and sums of money as shall
‘ become due and payable by virtue of this act.
[Section 111.] And be it further enacted by the authority
aforesaid, That all and every retailer of all or any of the liquors
aforesaid, shall, on the entry of their names and place of abode
with the ofﬁcer aforesaid, give unto the said collector an exact
and true account of all rum, wine, brandy and other spirits,
which shall be in their possession at the time of entry aforesaid;
and shall also from time to time, after the said fourteenth day
of May, before they take into their houses, shops, cellars,
vaults or stores, any cask or quantity of liquors liable to pay
the duties imposed by this act, make entry of all and every.
such cask or quantity of liquors with the collector aforesaid, or
his deputy, with the marks, numbers and contents thereof, and
shall receive from him a certiﬁcate or duplicate of such entry,
if required by the party, for which entry and certiﬁcate the said
retailer shall pay six pence and no more.
[Section IV.] And be it further enacted by the authority
aforesaid, That if any retailer shall presume to retail, draw,
sell or barter any of the liquors aforesaid, without having ﬁrst
entered his or her name and place of abode with the collector '
or his deputy, as this act directs, every such retailer shall for-
feit and pay the sum of ﬁve pounds, over and above the duties
for all such liquors retailed by them as aforesaid.
Or if after such entry made any such retailer shall "refuse or
neglect to make true and particular entries every three months,
as directed by this act, or shall refuse or neglect to account
with and pay to the said collector once in three months, and
I 719] The Statutes at Large of Pennsylvania.
231
oftener if thereuntovrequired, every such retailer shall forfeit
and pay for so neglecting or refusing to enter the liquors drawn
every three months respectively, and to account and pay as
aforesaid, for the ﬁrst offense the sum of twenty shillings, and
for the second and every other oﬁense forty shillings and have
their permit or license taken away, and are hereby declared in-
capable of retailing or selling any of the liquors aforesaid
during the continuance of this act.
[Section V.] And be it further enacted by the authority afore-
said, That if any person shall make short or fraudulent entries
of the liquors in his or her possession as aforesaid or shall
neglect or refuse to enter and take permits for such liquors
as he or she shall receive into his or her house, shop, cellar,
vault or store, after the said fourteenth day of May, all such
liquors not entered as aforesaid, shall be forfeited, and the
collector hereafter named or his deputies are hereby empow-
ered to enter, at any time when they shall see convenient, the
house, cellar, vault, shop or store of any retailer, and to com-
pare the liquors in such house, cellar, vault, shop or store with
the entries made, and to seize and take away all such liquors
as shall be found not duly entered as aforesaid.
[Section V 1.] And be it further enacted by the authority
aforesaid, That the said collector, or his deputies, may
enter into any house, cellar, vault, store or other room, to
search, examine and gauge the liquors of any retailer as often
as he shall see ﬁt; and upon their refusing him so to do, he may
force and break open doors to gauge and examine the same,
and in case of opposition shall take to his assistance the
sheriff, or one or more constables of the town or county re-
spectively, who without any other warrant are hereby, under
the penalty of ﬁve pounds for every refusal or neglect, required
to be aiding and assisting to the said collector, and deputies
therein, for the better and more eﬁectual collecting the duties,
penalties and forfeitures imposed by this act.
Provided always, That there shall be allowed by the collec-
tor or his deputies unto the several retailers of the liquors
aforesaid, ﬁfteen per cent for leakage or wastage. And if any,
cask shall happen to start or burst no duty shall be reckoned
for the liquors lost thereby.
232
T/ze Statntes at Large of Pennsylvania. [I 719
[Section VII.] And be it further enacted by the authority
aforesaid, That Owen Roberts of Philadelphia, gentleman,
shall be and hereby is appointed the collector and receiver of
the duties, ﬁnes and forfeitures aforesaid, laid and to be laid,
imposed and levied by virtue of this act; which the said col-
lector or his deputy is hereby empowered to demand, collect,
receive and recover, of and from all and every person retailing
or vending any of the liquors by this act appointed to pay the
duties aforesaid. '
And the said collector is hereby required to keep fair and
true accounts in writing of all his doings in the premises,
which accounts, together with his books and entries, he shall
from time to time submit to the view and inspection of the
provincial treasurer for the time being, and also lay the same
before the assembly of this province when and so often as he
shall be thereunto required.
And the said collector shall once in three months, or oftener
if required, pay unto the provincial treasurer all such sums of
money as he shall receive by virtue of this act, deducting out
of the same ten per cent for all sums by him received and
paid, as aforesaid, for his trouble and care in collecting, re-
ceiving and paying the same; and shall be further allowed
in the ﬁnal adjusting of his accounts, with the assembly of this
province, all reasonable charges which may have accrued in the
prosecuting of the seizures and persons offending against this
act.
And the said collector before he enters upon the execution of
his ofﬁce is hereby required to give bond with two suiﬁcient
sureties to the said treasurer for the time being, in the sum
of ﬁve hundred pounds, for the faithful discharge of his duty,
and for his accounting and paying all such sums of money as he
shall from time to time receive by virtue of this act.
And the said Gwen Roberts, collector, is hereby empowered
to appoint deputies (for whom he shall be answerable) in the
respective counties of this province, which said deputies are
hereby fully empowered to act as deputy collectors in their
respective counties, to all intents and purposes as fully as the
said Owen Roberts could do by virtue of this act.
I 71 9] The Sz'az‘uz‘es at Large of Pennsylvania.
233
Provided always, That the said deputy collectors shall make
no entries, nor receive any of the duties imposed by this act
from any retailer, but such who are in the respective counties
Where such deputy collector shall reside.
And the said collector is hereby required to give public notice
by printed advertisements, ﬁxed on all convenient public
' places, certifying the time of commencement of this act, and
also the duties hereby imposed, with notice to the constables
of their duty, and full directions how‘ and when the said en-
tries are to be made pursuant to this act.
[Section VIII.] Provided always, And be it further enacted,
That in case the said Owen Roberts shall refuse to take upon
him to the officer or collector of the said duties, or having
taken the same upon him shall afterwards neglect or decline
the same, or misbehave himself therein, or die during the con-
tinuance of this act, that then and in. any such case the pro~
vincial treasurer for the time being is hereby empowered and
required to appoint another in his place or stead, who shall
have the same power and authority as by this act is given to
the said Owen Roberts, until the assembly appoints another;
and the said collector so appointed shall be subject to the same
restrictions and penalties as this act directs.
[Section IX.] And be it further enacted by the authority
aforesaid, That all the forfeitures and offenses made, done and
committed against this act or any clause or article therein con-
tained, shall be heard, adjudged and determined by such person
and persons and in manner and form as hereafter is mentioned
and directed; (That is to say) all such forfeitures and of-
fenses made and committed within the city of Philadelphia,
shall be heard, adjudged and determined by two justices of the
peace residing within the said city; and all such forfeitures and
offenses made and committed within any of the counties within
this province shall be heard and determined by any two or
‘ more of the justices of the respective counties where such for-
feiture shall be made or offense committed.
And if the party ﬁnds him or herself aggrieved by the judg-
ment given by the said justices, he or she may appeal to the
justices of the peace of the next quarter-sessions, who are
234
,T/ze Sz‘az‘zetes az‘ Large 0f Pemzsy/vaaza. . [I 719
hereby empowered and authorized to hear and determine the
same, and whose judgment therein shall be ﬁnal.
All which said justices of the said city and counties of this
province are hereby authorized and strictly enjoined and re-
quired, upon any complaint or information exhibited and
brought of any such forfeiture made and offense committed
contrary to this act, to summon the party accused, and upon
his or her appearance or contempt to proceed to examination
of the matters of fact and upon due proof thereof, either by the
confession of the party or by the bath or afﬁrmation of one or
more credible witnesses, to give judgment or sentence as before
is directed; and to award and issue out warrants under their
hands and seals for the levying of such forfeitures, penalties
and ﬁnes as by this act is imposed for any such offense com-
mitted, upon the goods and chattels of such offender, and to
cause sale to be made of the said goods and chattels if they be
not redeemed within ﬁve days, rendering to the parties the
overplus, if any be, the charges of distress and sale being ﬁrst
deducted, and for want of sufﬁcient distress to imprison the
party offending until satisfaction. be made.
[Section X.] And be it further enacted by the authority
aforesaid, That if the said ofﬁcer or his deputy or any sheriff or
constable shall be sued and prosecuted for anything done by
them in pursuance of this act, he may plead the general issue,
and give this act and special matter in evidence for his or
their justiﬁcation; and in case a verdict shall be given against
the prosecutor or he shall become non-suit, or suffer a discon-
tinuance, the defendant shall recover treble costs, to be recov-
ered as is usual in such cases.
[Section XL] And be it further enacted by the authority
aforesaid, That all and every the constables of the respective
townships or districts in this province [shall] and are hereby
required, under penalty of the forfeiture of twenty shillings
for every refusal or neglect, to return on oath or afﬁrmation
unto the court of quarter-sessions in their respective counties,
the names and places of abode of-all persons in their several
townships or districts, retailing or vending any liquors liable
to pay the duties imposed on such liquors by this act. And
I 7 I 9] T/ze Sta/ates at Large of Pennsylvania.
J
that the collector before named and his deputy may and shall
have recourse to the returns of the constables, for the better
collecting the duties, ﬁnes and forfeitures arising upon this act.
[Section XIL] And be it further enacted by the authority
aforesaid, That all wine, rum, brandy and other spirits which
shall be imported or brought into this province in lesser par—
cels or quantities than twenty-ﬁve gallons, during the contin-
uance of this act, shall pay the excise and duties hereby im-
posed and laid upon such liquors, and the owners or possessors
thereof shall duly enter the same, and take permits for the sale
or disposal thereof, in the same manner and under the penal-
ties, ﬁnes and forfeitures, as retailers are by this act obliged
to do.
[Section XIIL] And be it further enacted, That one-third
part of all the ﬁnes and forfeitures arising by this act shall go
to him or them that shall inform and sue for the same, and
the residue shall remain in the hands of the said provincial
treasurer for the time being, for the uses and purposes herein-
after mentioned.
Provided always, That nothing in this act contained shall
be construed to countenance or authorize any person or per-
sons to sell liquors Within doors, or keep public house or houses
of entertainment, who are not licensed so to do pursuant to
the laws of this province in such cases provided.
And for preventing frauds and abuses in collecting the du-
ties, ﬁnes and forfeitures arising by this act:
[Section XIV .] Be it further enacted by the authority afore-
said, That it shall and may be lawful for any justice of the
peace in this province, upon application made by the said col-
lector or his deputies respectively, to summon any person or
persons to appear before such justice, at such time and place
as he shall appoint, to give evidence upon oath or afﬁrmation
for discovering of frauds and abuses committed against this
act. And if any person or persons summoned as aforesaid,
shall neglect or refuse to appear and give evidence, as aforesaid,
he, she or they so offending shall for every such offense be
ﬁned by the justice that issued out the said summons in any
15*-—-ll
236
T/ze S/atntes at Large of Pennsylvania. [I 719
sum not exceeding twenty shillings, and be committed to prison
until paid.
[Section XV.] And be it further enacted by the authority
aforesaid, That the law of this province made in the fourth
year of His Majesty’s reign, entitled “An act for laying a duty
on sundry liquors retailed in this province,” 1 together with the
clauses, matters and things therein contained, shall continue
and be in full force until the fourteenth day of May in this
present year of our Lord one thousand seven hundred and nine-
teen, and no longer. ' 1
Provided nevertheless, That nothing in this act contained
shall be construed, deemed or taken to lessen, abate or make
void any of the duties imposed by the said law, or the arrear-
ages thereof due or to become due thereby, until the said four-
teenth day of May next. But that the collector appointed by
this act and his deputies are hereby respectively empowered
and required to collect and receive all the said duties with the
arrearages thereof, which shall be due on the said fourteenth
day of May next; and shall at any time during the continuance
of this act sue for the said arrearages, as also the ﬁnes, penal-
ties and sums which shall appear to be forfeited and lost for
non-payment thereof according to thedirection of the said-for-
mer law.
And the [said] collector and his deputies are hereby further
empowered and required to cause due entries and searches for
all liquors retailed in this province before the said fourteenth
day of May next, to be made in such manner and method as by
this act is prescribed to be observed after that day, any law or
usage to the contrary notwithstanding.
[Section XVL] And be it further enacted by the authority
aforesaid, That all moneys arising by virtue of this act or any
other law of this province [whereby an impost duty or excise
is laid upon liquors] shall be paid into the hands of the provin-
cial treasurer for the time being, who shall retain ﬁve per cent
for his trouble in receiving and paying the same in manner fol-
lowing: (That is to say) after the immediate services of this
assembly are discharged the several orders of this house issued

1 Passed February 22, 1717—18, Chapter 223.
‘1719] T/ze Statutes at Large 0f Pennsytvanza.
237
under the Speaker’s hand for the payment of these following
sums shall be paid, viz., to the governor, William Keith, Es-
quire, ﬁve hundred pounds; to David Lloyd, chief justice, sev-
enty-ﬁve pounds; to the attorney-general, thirty pounds; to
Charles Brockden, forty-nine pounds ﬁve shillings and one
penny halfpenny; and to Andrew Bradford, printer, thirty-
two pounds; and the residue (if any) shall remain in the said
treasurer’s hands to be disposed of as the assembly for the time
being shall direct and appoint; and the same shall be by him
his heirs, executors and administrators paid accordingly, and
not otherwise.
Passed April 25, 1719. Apparently never submitted to the consid-
eration of the Crown. See Appendix IV, Section II, and the Act of
Assembly passed May 12, 1722, Chapter 251.
T/ze Staz‘uz‘es at Large of Pemzsy/eama. [1720—2 I
At a General Assembly begun and holden at ‘Philadelphia,
the fourteenth day of October, A. D. 1720, and continued by
adj ournments until the twenty-fourth day of February, 1720-21,
the following acts were passed:
CHAPTER CCXL.

AN ACT FOR CONlT'INlU‘IN 1G SiElVElRAlL A-CT'S THE‘R'E‘I‘N MlE'N’Ilf-OZN'ED,
LAYIN'G A DUT‘Y ON‘ WINE, 'RU-M, BRANDY, ‘SPIRITS, (CIDER, HO‘PS,
FLAX, NEGROES AND VESSELS, UNTIL THE’ F‘OU'RT‘EEN‘TEH DAY OF
MAY, IN THE YEAR ONE T‘HO’USA-N’D .S‘E‘VE-N HUNDRED AN'D TWENTY-
TWO.
That due provision be made and continued for defraying the
public and necessary charges of this government: '
[Section 1.] Be it enacted by William Keith, Esquire, Gov-
ernor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That
within and throughout the province of Pennsylvania the sev-
eral respective duties and impositions for and upon all wine,
rum, brandy, spirits, cider, hops and ﬂax imported into this
province, which in and by an act of assembly of this province,
made and passed in the fourth year of the reign of our Sov-
ereign Lord, King George, entitled “An act for laying a duty
on wine, rum, brandy, spirits, cider, hops and ﬂax imported into
this province,”1 were made payable or chargeable in manner
therein mentioned, until the ﬁrst day of June, one thousand
seven hundred and twenty-one. '
And also the duty upon negroes imported into this province,
which in and by an act of assembly of this province, made and
passed in the said fourth year of his said Majesty, King George,
entitled “An act for continuing the duty upon negroes brought
into this province,”2 were made 'payable or chargeable in man-

1 Passed February 22, 1717-18, Chapter 225.
2 Passed February 22, 1717-18, Chapter 227.
I 720-21] T he Statutes at Large 0f Peuusytvauz'a.
239
ner therein mentioned until the ﬁrst day of June, in the year
of our Lord one thousand seven hundred and twenty-one.
And also the duty of tonnage upon ships, sloops and other
vessels importing goods into this province, which in and by an
act of assembly of this province, made and passed in the fourth
year of our said Sovereign Lord, King George, entitled “An
act for raising a duty upon tonnage of ships and vessels,” 1 were
made payable or chargeable in manner .therein mentioned, for
and during the term of three years, commencing from and after
the publication of the last recited act.
All and every which acts shall be and are hereby further con-
tinued until the fourteenth day of May, in the year of our Lord
one thousand seven hundred and twenty-two. And the rates
and duties therein mentioned shall be and are by this act
charged and continued for and upon all wine, rum, cider,
brandy, spirits, hops and ﬂax, negroes and tonnage of vessels.
And the said rates and duties shall be received, raised, levied,
collected and paid until the aforesaid fourteenth day of May,
in the year one thousand seven hundred and twenty-two afore-
said, by the same ways, means and methods, and by the same
persons and by such rules and directions, and with such allow-
ances and repayments, and under such penalties and for-
feitures, and with such power of mitigation and other powers,
and in such manner and form in all respects as are prescribed,
mentioned and expressed in the said former acts, and in every
or any of them, or in any other act or acts of assembly of this
province, thereby referred unto, or any of them, for or concern-
ing the said duties, or any of them. And that the same acts
formerly made and passed, and the said other acts thereby re-
ferred unto, as, to, for and concerning the said duties, in all
and every of the said beforementioned acts, and every article,
clause, matter and thing in every or any of them contained, or
thereby referred unto, and now being in force, shall be of full
force and effect to all intents and purposes for raising, levying
and collecting, securing and accounting for the same rates,
duties and impositions hereby granted, charged or continued.
And for levying and recovering the penalties and forfeitures

1 Passed February 22, 1717-18, ‘Chapter 228.
24o
T/ee Statutes at Large oft-Pennsylvania. [1720_2 I
and making any mitigation and allowments, and all other mat-
ters during the continuance of this act, as fully as if the same
were particularly and at large repeated in the body of this pres-
ent act.
Passed February 24, 1720-211. Apparently never submitted to the
consideration of the ‘Crown; expired May 14, 1722. See Appendix
IV, Section II, and the notes to the several Acts of Assembly con-
tinued by this act.

CHAPTER CCXLI.

AN ACT FOR ERECiTiIN'G AND MAINTAINING OF POUND-S.
[Section 1.] Be it enacted by William Keith, Esquire, Gov-
ernor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That the
justices of Philadelphia, Chester and Bucks, in their respective
quarter-sessions, are hereby authorized to appoint such and so
many pounds and persons in charge of the same, in the most
convenient place or places, as hereafter may be found needful.
And upon complaint made, or official misdemeanor, may again
change both the place and person offending, and impose such
ﬁne as the case may require. And every person so appointed,
whilst in charge of any pound, as aforesaid, is likewise hereby
empowered and required to receive, impound and keep all such
cattle and horses as are, from time to time, brought to him, or
any of them, in pursuance of this act; and shall strictly observe
the direction of the same, and make due entries of all transac-
tions relating thereunto, in order to be laid before the quarter-
sessions when required.
[Section II.] And be it further enacted by the authority
aforesaid, That all persons who shall at any time hereafter,
take up or secure any cattle or horses trespassing within their
enclosures, they are hereby directed and obliged forthwith to
take or send the same to the next adjacent poundkeeper, under
1720-21] T he Statutes at Large of Pennsylvania.
241
the penalty of being prosecuted for a detenture, unless the
owner of such trespassing beast or beasts shall make restitu-
tion for the damages to the satisfaction of the party grieved,
in which case he, she, or they may have their creatures without
further trouble or delay. But if any such trespassing creature
shall be forcibly or clandestinely taken away from the then
possessor, whether before or after the same be actually com-
mitted to the care of the poundkeeper, every person so offend-
ing, upon complaint and proof made before any magistrate,
shall be bound over to the next court of quarter-sessions, to
answer the damages, and shall be ﬁned by the said court in any
sum not exceeding ﬁve pounds. But when the owner of any
beast, trespassing and impounded, as aforesaid, shall appear
and claim their property, he, she, or they ﬁrst paying the
charges by this act set to the poundkeeper, and satisfying the
damage to the person injured by the said trespass, the said
creatures shall be immediately restored to such owner. And.
if the parties concerned cannot adjust the damages between
themselves, nor with the assistance of the poundkeeper, then
the same shall be referred to some one justice of the peace who
may, if he see cause, appoint viewers. And any such justice is
hereby empowered and required to give judgment, which shall
be deﬁnite in every such case.
And the several poundkeepers within ‘this province are
hereby obliged to take due care of the creatures to them
brought, and shall forthwith enter theinmarks, natural and
artiﬁcial, in a book for that purpose, and shall sufﬁciently feed
them daily at grass, or with good hay (as the season may re-
quire), and daily water them during the time of their continu-
ance with them, and each of them respectively.
[Section 111.] And be it further enacted by the authority
aforesaid, That the keeper of the pound in the city of Philadel-
phia, as also the keepers of the pounds in the borough towns
of Chester and Bristol, shall have a superintendency over all
the other pounds in their respective counties. And the persons
in charge of the other pounds, aforesaid, shall correspond with
them, as occasion may require, and are hereby obliged to de-
liver into their custody, respectively, all such creatures for
which no claimer appears, as have been in any of the said re~
242
T/ze Statutes at Large of Pennsylvania. [I720-2 I
moter poundkeepers’ possession for the space of ten days, that
the owners thereof may with greater ease be restored to their
property; at which time of receipt the said general pound-
keeper of the county shall pay the remoter poundkeeper accord-
ing to the rates by this law allowed, and shall reimburse him-
self again, as this law directs, upon delivery or sale of any such
creature.
[Section IV.] And be it further enacted by the authority
aforesaid, That if no right owner of such trespassing beast or
beasts, so brought to any of the general pounds, as aforesaid,
appear within the space of six months, then, or sooner if need
require, with the advice and consent of any two of the justices
of the city or respective county, it shall and may be lawful for
the said general poundkeeper to sell the same by public vendue
for the most that canbe got, who is hereby required to keep
plain accounts of his transactions therein, and to lay the same
before the quarter-sessions, as aforesaid, who are also hereby
empowered to call for the said accounts, and to order the over-
plus, together with all ﬁnes and forfeitures arising by this act
(if any be), after the deduction of all incident charges allowed
by the same, to be paid into the hands of the county treasurer
for the time being for the use of the county.
Provided always, That all such trespassing creatures, as
aforesaid, shall be duly published in writing, with their marks
described at large, at the court house and other most noted
places in the said city and counties respectively, within three
days next after being brought to the said general pound by the
keeper thereof.
Provided also, That if the right owner of such trespassing
beast shall appear within six months after sale made, as afore-
said, and prove their property to any such creature sold in pur-
suance of this law, to the satisfaction of the justices in their
respective quarter-sessions, they shall thereupon order payment
of the money arising by such sale, all lawful charges ﬁrst de-
ducted, to the [said] owner.
[Section V.] And be it further enacted, That the rates here
inserted shall be allowed, taken and paid by the persons con-
cerned respectively, as the case may require, and no other what-
I 720-2 I] The'Statutes at Large 0f Peuusyteauz'a.
243
soever: (That is to say) ﬁrst, the keeper of each pound shall
pay to the person that brings any trespassing cattle to be im-
pounded, for each horse, six pence; for each horned beast,
three pence, and for each sheep, one penny: which shall be re-
paid him again on the delivery or sale of such creature. And
each poundkeeper shall be allowed for receiving and booking
each horse, one shilling, each horned beast, six pence, and each
sheep, two pence; and shall also be allowed for keeping and
feeding the same as this act directs, per day, for each horse,
six pence, for each horned beast, three pence, and each sheep,
one penny. And shall be further paid the same rates last
abovesaid, respectively, for driving or taking any such tres-
passing creatures to the general pound, with this further addi-
tion of one penny per mile, traveling charges. All which the
keeper of such general pound shall pay, and take his satisfac-
tion as hereinbefore directed: who is also hereby further al-
lowed, for publishing in writing each horse, two shillings, each
horned beast, one shilling, and each sheep six pence. And shall
further have the same rate last abovesaid, for selling such tres-
passing creatures, pursuant to this law; and moreover, shall be
allowed a commission of ten per cent on all sales by him made,
as aforesaid; and the overplus shall be returned into the quar-
ter-sessions to be disposed of by the justices as aforesaid.
[Section V 1.] And be it further enacted by the authority
aforesaid, That, to prevent disputes'about the sufficiency of
fences, all fences shall be esteemed lawful, or sufﬁcient, though
they be not close at the bottom, so that though the distance
from the ground to the bottom thereof exceed not nine inches,
and that they be four foot and a half high, and not under.
Passed ‘February 24, 1720-21. Apparently never considered by
the Crown, 5but allowed to become a law ‘by lapse of time in ac-
cordance with ‘the proprietary charter. 'See Appendix IV, Section
II, and Hill’s letter and Fane’s ‘opinion in Appendix V, ‘Section I.
Repealed by Act of Assembly passed May 10, 1729, Chapter 301.
lﬁ—Il
244
T/te Statutes at Large qf Pennsylvania. [1720-21
CHAPTER CCXLII.
AN Aer FOR REGULATINIG lPA'Rl'I‘Y WAIIJLS, BUIIlDIN'Gs AND PARTITION
FENCES, lJN "DI-IE CITY OF PHILADELPHIA.
Whereas divers inconveniences, irregularities and controver-
sies have lately been, and still frequently happen, in relation
to party walls, and laying the foundation of buildings in the
city of Philadelphia; for the remedying whereof for the future:
[Section 1.] Be it enacted by William Keith, Esquire, Gov-
ernor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen- ‘
eral Assembly met, and by the authority of the same, That
no person or persons, builder or builders whatsoever, shall,
from and after the twenty-ﬁfth day of March, one thousand
seven hundred and twenty-one, lay the foundation of any build-
ing or party wall within the said city, before they have applied
themselves to the surveyors or regulators, to be appointed by
the mayor and commonalty of the said city in their common
council; who are hereby empowered to appoint two or more
discreet and skillful persons for that purpose.
[Section 11.] And be it further enacted, That the said sur-
veyors or regulators, upon application to them made, shall have
full power and authority to enter upon the land of any person
or persons in order to set out the foundations and regulate
the walls to be built between party and party, as to the breadth
or thickness thereof: which foundation shall be laid equally
upon the lands of the persona-between whom such party wall
is to be made; and the ﬁrst builder shall be reimbursed one
moiety of the charge of such party wall, or for so much thereof
as the next builder shall have occasion to make use of, before
such next builder shall anyways use or break into the said wall,
the charge or value thereof to be set by the said regulators.
[Section III.] And be it further enacted by the authority
aforesaid, That if any person or persons shall, of their own au- '
1720—2 I] T he Statutes at Large of Pennsylvania.
thority, presume to begin or lay the foundation of any party
wall, before the same be viewed and directed by the said regu—
lators, or some two of them, every such person, as well em-
ployer as master builder, shall forfeit the sum of ﬁve pounds;
one-half to the prosecutor or informer, and the other half to
the public use and beneﬁt of the said city; to be recovered by
bill, plaint or information, in the court of common pleas, to
be held for the city and county of Philadelphia, wherein no
protection or wager of law shall be allowed, nor any more than
one imparlance.
[Section IV.] Provided always, and be it further enacted,
That if either party, between whom such foundation or party
wall is to be made, shall ﬁnd themselves anyways aggrieved by
the order or direction of the said regulators, he or they may
appeal to the mayor and commonalty of thesaid city, at the
next common council, who shall ﬁnally adjust and settle the
same; which shall conclude and bind all parties; the costs
whereof to be paid as the mayor and commonalty shall direct
and appoint. .
[Section V.] And be it further enacted, That the said regu-
lators or surveyors, attending the said service, for their pains
and trouble in and about the premises, shall be paid by the
party or parties concerned in such foundation, or erecting such
party wall, the sum of three shillings each.
[Section VI.] And be it further enacted by the authority
aforesaid, That the said surveyors or regulators, or any two
of them, shall have full power to regulate partition fences
within the said cityyand where the adjoining parties do im-
prove or inclose their lots, such fence shall be made in the
manner generally used, and kept in good repair, at the equal
cost of the parties, so that the price for making exceed not
forty shillings for every hundred feet, unless the owners or
possessors, between whom such fence is or shall be erected, do
agree otherwise.
[Section VII.] And be it further enacted, That if either
party, between whom such partition fence is or shall be made,
shall neglect or refuse to pay his part or moiety for the repair-~
ing or setting up of such partition fence as aforesaid, that then
f
246
T/ze Slaz‘nles al Large of Pennsylvania. [1720—21
the party, at whose cost the same was so repaired or set [up,]
may have either his action at law, or have the same determined
as in cases of debts under forty shillings, as the case may re-
quire.
Passed February 24, 1720-21. Apparently never considered by the
Crown, but allowed to become a law by lapse of time in accordance
with the proprietary charter. See Appendix IV, Section II, and
Hill’s letter and Fane’s opinion in Appendix V, Section I, and the
Acts of Assembly passed November 27, 1700, Chapter 56; March 26,
1762, Chapter 481; 'March 9, 1771, IChapter 624-; April 15, 1782, Chapter
982; June 21, 1839, P. L. 370; April 5, 1849, P. L. 409; 'April 22, 1850,
P. L. 549; April 27, 1852, P. L. 442; May 7, 1855, P. L. 464; April 11,
1856, P. L. 319; May 20, 1857, P. L. 590; March 11, 1862, P. L. 109;
March 22, 1865, P. L. 538; May 6, 1870, -P. L. 1303; May 23, 1874, EP. L.
230; June 23, 1885, P. L. 142; June 8, 1893, P. L. 360.
CHAPTER CCXLIII.
AN ACT FOR rllHE TRIAL ANlD PUNISHMENT 'OF LARGE‘NIY UNDE-R
‘FIVE SJHILILI'NlGS.
Whereas small or petty larcenies are frequently committed
within this province, by persons unable to maintain themselves
in prison until prosecution can be made, or to pay the costs of
such prosecution, or to make such restitution and forfeiture,
upon conviction, as by law is now required; by means whereof
a public charge is created, with many other "great inconven-
iences; for the better preventing whereof:
[Section 1.] Be it. enacted by ‘William Keith, Esquire, Gor-
ernor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That if
any person or persons, from and after the publication hereof,
shall be convicted, either by his, her or their own confession, or
the testimony of other credible evidence, before any two
magistrates of the city of Philadelphia, or before any two jus-
tices of the peace in their respective counties within this prov-
ince, of having feloniously stolen any money, goods or chattels,
the same being under the value of ﬁve shillings, such person
I 720-2 I] T he Statutes at Large ofPeuusy/vauzkz.
shall have judgment to be immediately and publicly whipped
upon his or her bare back, not exceeding ﬁfteen lashes, or be
ﬁned, for the ﬁrst offense, at the discretion of the said magis-
trates in any sum not exceeding twenty shillings, and to make
restitution, if able, to the party wronged; and shall also pay
the charges of prosecution and whipping, or shall be sent to
the workhouse, to be kept at hard labor.
And for want of such workhouse, to be committed to prison
for such charges, for any time not exceeding twelve days, any
act of this government to the contrary notwithstanding.
[Section IL] Provided always, and be it further enacted,
That if the person or persons charged with such larcenies be
free, and request to be tried at the general sessions or court of
record, to be held for the said city or counties respectively, the
same shall be granted by the said magistrates, he or they
giving security for their appearance to answer, or the person
so appealing shall be committed, as is usual in such cases. But
if the person charged with such larcenies be a servant, he or
she shall not have any appeal. unless the master, mistress or
friend of such servant, shall become surety for his or her
appearance at the next court, as is usual in such cases.
[Section III.] And be it further enacted, That one or more
of the magistrates, who shall give judgment by virtue of this
act, shall keep fair records of his or their proceedings therein.
‘Passed 'February 24, 1720-21. Apparently never considered by
the ‘Crown, ‘but allowed to become a law by lapse of time in ac-
cordance with the proprietary char-ter. See Appendix IV, Section-
II, and Hill’s letter and Fane’s opinon in AppendixV, Section I,
and the Act of Assembly passed September 15, 1786, Chapter 1241.
Repealed by Act passed April 5, 1790, Chapter 1516.
T/ze Statutes at Large of Pennsylvania. [1721
At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1720, and continued by
adjournments until the twenty-sixth day of August, 1721, the
following acts were passed: ‘
CHAPTER CCXLIV.

A SUPPLEMENTARY Aer TO A DAJW or THIs ‘PROVINCE, ENTITLED
“AN ACT THAT NO PUBLIC HOUSE OR INiN, WITHIN THIS PROfV-INCE,
BE KEPT WITHOUT LICENSE.” '
Whereas divers persons within this province, under color
of retailing rum and other strong liquors without doors, for
the conveniency and supply of the inhabitants and their fam-
ilies, and for that end, having obtained permits from the col-
lector of the excise, do sell, in or about their' houses, drams
and strong liquors by small measures, as well to servants as
others, contrary to the true intent and meaning of [the laws of]
this province. And whereas divers innholders or tavern-
keepers do frequently entertain and suffer minors and servants
to be tippling in their houses; all of which being to the great
damage of the inhabitants, and manifestly tending to the cor-
rupting of youth and promoting vice and immorality, for pre-
venting thereof:
[Section I.] Be it enacted by Sir William Keith, Bart, Gov-
ernor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen—
eral Assembly met, and by the authority of the same, That no
recommendation shall be issued by the justices of the respect—
ive counties [of this province,] or [the] city [of Philadelphia,]
in order to obtain license from the governor, for the keeping
any tavern or public house, as directed by an act of this prov-
ince, entitled “An act that no public house or inn, within this
province, be kept without license,”l before the person or'per-
sons, desiring such recommendation, shall become bound in the

llPassed February 28, 1710-11, Chapter 172. '
I 721] h The Statutes at Large of Pennsylvania.
249
prothonotary’s office unto the governor for the time. being,
with security, if required, in any sum not exceeding one hun-
dred pounds, that he or she, on obtaining such license, shall
at all times be of good behavior, and observe all the laws
and ordinances which are and shall be made relating to inn-
keepers or taverners within this province.
And whosoever shall keep a tavern, inn or public house
of entertainment, before he or she hath given bond as afore-
said, such person shall suﬁer the same penalty as if the same
had been done without license.
[Section II.] An be it further enacted by the authority
aforesaid, That no person or persons, within this province,
other than such who are or shall be qualiﬁed so to do by the
above-recited law, shall presume, by virtue of any permit from
the collector of the excise, or under any other color or pre-
tense whatsoever, to sell, barter with, or deliver any wine, rum,
brandy or other spirits, beer, cider, or any mixed or strong
liquors, which shall be used or drank within their’ houses,
yards, or sheds, or which shall be, with their knowledge,
privity or consent, used or drank in any shelters, places or
woods, near or adjacent to them, by companies of negroes, ser-
vants or others; or to retail or sell, toany person or persons
whatsoever, any rum, brandy or other spirits, by less quan-
tity or measure than one quart; nor any wine, by any less quan-
tity than one gallon; nor any beer, ale or cider, by any less
quantity than two gallons; and the same liquors respectively
delivered to one person, and at one time, without any collusion
or fraud, contrary to the true intent and meaning of this act.
under the same penalty mentioned in the said recited act for
keeping public house or selling liquors without license.
[Section 111.] And be it further enacted by the authority
aforesaid, That no person or persons, keeping a public house
or inn, shall trust or give credit to person whatsoever, for
liquors, or any other inn or tavern reckonings, in any sum
exceeding twenty shillings, under the penalty of [forfeiting]
and losing any such debt. _
And if any innholder or keeper of a public house, or any re-
tailers of liquors within this province, shall receive, harbor,
250
T/ze Statutes az‘ Large 0f Pennsylvanza. [I 72I
entertain or trust any minor, under the age of twenty-one
years, or any servant, knowing them to be such, or after having
been cautioned or warned to the contrary by the parent, guar-
dian, master or mistress, of such minor or servant, in the pres-
ence of one or more credible witness or witnesses, such inn-
holder, keeper of public house, on retailers of liquors, so
offending, shall, for the ﬁrst or second offense, being duly con-
victed thereof, forfeit and pay the sum of twenty shillings
for every such offense, over and above the loss and forfeiture
of any debt such minor or servant shall or may contract ‘for
liquors or entertainment; and upon conviction for the third
offense, the license obtained by such offender is hereby declared
null and void, and the person, so repeatedly offending, shall
forfeit and. pay the sum of ﬁve pounds, and be forever incapable
of keeping a public house or inn within this province.
[Section IV .] And be it further enacted by the authority
aforesaid, That no person whatsoever, within this province,
shall presume by any means ‘to furnish, supply or sell to any
negro or Indian servants, any rum, brandy, spirits, or any
other strong liquors whatsoever, mixed or unmixed, either
within or without doors, or shall receive, harbor or entertain
any negro or Indian servant, in or about their houses, without
special license had and obtained, under the hand of the master
or mistress of such negro or Indian servant respectively,
under the penalty of forfeiting and paying, for the ﬁrst of
fense, twenty shillings, and for the second and every offense
after, thirty shillings; to be recovered before any one justice
of the peace of the county where the offense is committed, upon
proof of one or more ,credible witness or witnesses, or upon
the view of any magistrate within the respective counties of
this province where the fact shall be committed.
[Section ‘V.] And be it further enacted by the authority
aforesaid, That if any person or persons, keeping a public house
or inn, or retailing liquors as aforesaid, in this province, shall
trust or credit any person for liquors retailed, or other ex-
penses, above twenty shillings as aforesaid, or shall presume
to sue any such person, or shall arrest or attach any servant
for any debt contracted for liquors or accommodations, know-
. I 721] The Statutes at Large 0f Peuusy/eauz'a.
51
ing such person to be a servant, and after they have been
warned or cautioned not to entertain such servant as aforesaid,
all such actions and suits shall abate, and the person sued
and the master or mistress, in behalf of such servant, or the
said servants themselves, being sued as aforesaid, shall and
may plead this act in bar; and the plaintiff in such suit shall
become non-suit, and pay double charges.
[Section VI.] And be it further enacted, That the several
ﬁnes imposed by this act shall be levied by execution on the
offender’s goods, or his or her person be committed to the
county ~~gaol, until the same be paid, upon conviction of the
party before the mayor or recorder of the city of ‘Philadel-
phia, for offenses against this act committed in the city of
Philadelphia; and before any one or more of the magistrates
of the county, for offenses committed in the respective coun-
ties. And that all ﬁnes and forfeitures recovered by virtue of
this act, which are not otherwise appropriated by any former
act, shall be applied in manner following: (That is to say)
the one moiety shall be paid to the father, mother, guardian,
master or mistress of the minor or servant entertained as
aforesaid, or to the said servant, as the magistrate shall direct;
and the other moiety shall be paid unto the overseers of the
poor of the city or county where the offense is committed, for
the use of the poor of the said city or county.
Passed August 26, 1721. Apparently never considered ‘by the
Crown, ‘but allowed to become a law by lapse of time in accord-
ance with the proprietary charter. See Appendix IV, Section II,
and Hill’s letter and Fane’s opinion in Appendix V, Section I, and .
the note to Act of Assembly passed February 28, 17-10—11, Chapter
172.
252
77% Statutes at Large 0f Pennsylvanza. [I 721
CHAPTER CCXLV.

AN ACT FO-R PRETVE-NT'I'NlG AJCCID‘ENTS THAT ‘MAY "HAPPEN BY FIRE.
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the [sic] Pennsylvania, &c., by and with the advice
and consent of the freemen of the said Province in General
Assembly met, and by the authority of the same, That if any
1 master or other person whatsoever, shall bream any ship,
sloop or other vessel, with blazing ﬁre, or cause the same to
be done in any of the docks, or at any of the wharves, within
the limits of the city of Philadelphia, except in such place
or places as shall from time to time be appointed for that ser-
vice by the mayor and commonalty of the said city; and if any
master, or other person whatsoever, shall heat, or cause to be
heated, with blazing ﬁre, any pitch, tar, turpentine, rosin, oil,
tallow, or any sulphurous matter, for the use of any ship or
vessel, other than such as shall be on the stocks, except in such
places as shall be from time to time appointed as aforesaid,
every such master, or other person whatsoever, doing or caus-
ing the same to be done, being convict thereof, by one or more
credible witnesses, before the mayor and recorder, or any two
magistrates of the said city, shall forfeit and pay the sum of
ﬁve pounds for every such offense, together with costs of pros-
ecution; one-half whereof for the use of the person or persons
who shall sue or prosecute for the same, and the other half to
be paid to the city treasurer for the use of the said city.
[Section 11.] And be it further enacted, That if any master,
or other person whatsoever, shall suffer any ﬁre to be kept
(candle excepted) after the hour of eight in the evening, on
board any ship or other vessel, lying in any of the docks, or at
any of the wharves aforesaid, or in the road before the said city,
being convict the-reef as aforesaid, shall, for every such of-
fense, forfeit and pay the sum of ten shillings, for the uses
aforesaid. ‘ Q
Provided always, That it shall and may be lawful for the
172-1] The Statutes at Large of Pennsylvania.
mayor of the city of Philadelphia, for the time being, by license
under his hand, to permit the master of any vessel, lying in.
the road of Philadelphia aforesaid, to use ﬁre on board [such]
ship or vessel after the hour of eight aforesaid, in case of sick-
ness, or any other extraordinary occasion, anything in this act
to the contrary notwithstanding.
[Section 111.] And be it further enacted, That if any person
or persons within the city of Philadelphia, or towns of Chester,
Bristol, Germantown, Darby or Chichester, shall set on ﬁre
their chimneys to cleanse them, or shall suffer them or any of
them to take ﬁre and blaze out at the top, and be duly con-
victed thereof, by one credible witness, before any one justice of
the peace of the said city or counties, such person or persons
shall forfeit and pay for every such offense twenty shillings,
for the use of the said city or towns respectively, where such
oﬁense shall happen. And the ﬁrst paragraph of an act of
assembly of this province, imposing a ﬁne of forty shillings
upon every person that shall ﬁre or suffer their chimneys to be
ﬁred, shall and is hereby declared to be repealed and made
void.
And whereas much mischief may happen by shooting of
guns, throwing, casting and ﬁring of squibs, serpents, rockets
and other ﬁreworks, within the city of Philadelphia, if not
speedily prevented;
[Section IV .] Be it therefore enacted by the authority afore-
said, That if any person or persons, of what sex, age, degree
or quality soc-ver, from and after publication hereof, shall ﬁre
any gun or other ﬁrearms, or shall make or cause to be made,
or sell, or utter, or offer to expose to sale, any squibs, rockets
or other ﬁreworks, or shall cast, throw or ﬁre any squibs, rock~
ets or other ﬁreworks, within the city of ‘Philadelphia, without
the governor’s special license for the same, of which license due
notice [shall] ﬁrst be given to the mayor of the said city, such
person or persons so offending, and being thereof convicted be-
fore any one justice of the peace of the said city, either by con-
*fession of the party so offending, or by the view of any of the
said justices, or by the oath or afﬁrmation of one or more wit-
nesses, shall, for every such offense, forfeit and pay the sum of
b.)
(.11
T he Slalnles at Large 0f Pennsylvanza. [I 721
ﬁve shillings, one-half to the use of the poor of the said city,
and the other half to the use of him or them who shall prose-
cute and cause such offender to be as aforesaid convicted:
which forfeitures shall be levied by distress and sale of the of-
fender’s goods as aforesaid; and for want of such distress, if the
oﬁender refuse to pay the said forfeiture, he shall be committed
to prison for every such offense the space of two days, without
bail or mainprise.
Provided, That such conviction be made within ten days
after such offense committed. And if such offender be a negro
or Indian slave, he shall, instead of imprisonment, be publicly
whipped, at the discretion of the magistrate.
Passed August 26, 1721. Apparently never considered by the
Crown, Ihut all-owed to become a law by lapse of time in accordance
with the proprietary charter. (See Appendix IV, Section II, and
Hill’s letter and Fane’s opinion in Appendix V, Section I, and the
Acts of Assembly passed August 14, 1725, Chapter 287; February 6,
1730-31, Chapter 322; March 29, 1735-36, Chapter 338; February 9,
1750-51, ‘Chapter 388; March 26, 1762, Chapter 481; March 9, 1771,
Chapter 624; March 21, 1772, Chapter 648; December 24, 1774, Chap-
ter 705; November 25, 1779, Chapter 867; March 28, 1787, Chapter
1279; September 29, 1787, Chapter 1318; April 13, 1791, Chapter
1573; April 11, 1793, Chapter 1698; April 18, 1794, Chapter 1743;
April 18, 1795, Chapter 1857; March 29, 1802, .P. L. 127; March 29,
1803, P. L. 542; April 4, 1807, ‘P. L. 132; March 30, 1812, P. L. 182;
March 14, 1818, P. L. 189; March 29, 1824, P. L. 152; February 10,
1832, P. L. 64; June 13, 1836, P. L. 551; March 16, 1847, P. L. 473;
April 11, 1848, P. L. 504; April 8, 1851, P. L. 382; April 14, 1851,
P. L. 549; March 20, 1856, ‘P. L. 137; May 5, 1864, P. L. 841; March
23, [865, P. L. 744; March 12, 1866, 'P. L. 160; June 2, 1870, P. L.
1316; April 17, 1878, -P. ‘L. 23; June 10, 1881, P. L. 111; June 11, 1885,
P. L. 111.
CHAPTER CCXLVI.
AN ACT TO PREVENT T'HE KILLING or DEER our on S‘EA'SO'N, AND
AGAINST ‘CARRYING OF GUNS oR HUNTING BY PERsoNs Nor QUALI-
FIED. ‘
[Section 1.] Be it enacted by Sir ‘William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the '
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That if
I721] The Statutes at Large 0f Peuusy/oauz'a.
255
any person or persons, after the publication hereof, shall kill
or destroy any buck, doe, fawn, or any other sort of deer what-
soever, at any other time or season except only betwixt the ﬁrst
day of July and ﬁrst day of January, he shall forfeit and pay
for every such buck, doe, fawn, or other deer so killed or de-
stroyed as aforesaid, the sum of twenty shillings; one-half
thereof to the poor of the township where the offense is com- '
mitted, and the other 'half to him who shall inform or sue for
the same, before any justice of the peace of this province, who is
hereby empowered and authorized to hear and determine the
same, and to convict the offender, by the oath or afﬁrmation
of one or more witnesses.
Provided, That such conviction be made within two months
after such offense is committed.
And for the better conviction of offenders against this act:
[Section II.] Be it enacted, That every person in whose cus-
tody shall be found, or who shall expose to sale any green deer
skins, fresh venison, or deer’s ﬂesh, at any other time of the
year than what is before excepted, and shall be convicted there-
of as aforesaid,shall be deemed guilty of the said oﬁense. And
. that the same green deer skins, fresh venison or deer’s ﬂesh
so found as aforesaid shall be held to be good evidence in the
cases aforesaid.
Provided always, That nothing contained in this act shall be
deemed or construed to extend to any free native Indians carry-
ing guns, hunting, killing, and having in their custody any.
skins or deer’s ﬂesh for their own use, anything in this act to
the contrary notwithstanding.
And whereas divers abuses, damages and inconveniencies
have arose by persons carrying guns and presuming to hunt
on other people’s lands, for remedy whereof for the future:
[Section III.] Be it enacted by the authority aforesaid, That
if any person or persons shall presume, at any time after the
sixteenth day of November, in this present year one thousand
seven hundred and twenty-one, to carry any gun or hunton the
improved or inclosed lands of any plantation other than his
own, unless he have license or permission from the owner of
such lands or plantation, and shall be thereof convicted, either
T/ee Statutes at Large ofPennsylvanza. . [I 721
upon view of any justice of the peace within this province, or by
the oath or afﬁrmation of any one or more witnesses, before any
justice of the peace, he shall for every such offense forfeit the
sum of ten shillings. And if any person whatsoever, who is
not owner of ﬁfty acres of land and otherwise qualiﬁed in the
same manner as persons are or ought to be by the laws of this
province for electing of members to serve in assembly, shall,
at any time after the said sixteenth day of November, carry any
gun, or hunt in the woods or uninclosed lands, without license
or permission obtained from the owner or owners of such lands,
and shall be-thereof convicted in manner aforesaid, such of-
fender shall forfeit and pay the sum of ﬁve shillings for every
such offense.
[Section IV.] And be it further enacted by the authority
aforesaid, That no person whatsoever shall presume to shoot
at or kill with a ﬁrearm any pigeon, dove, partridge, or other
fowl in the open streets of the city of Philadelphia, or in the
gardens, orchards and inclosures adjoining upon and belong-
ing to any of the dwelling houses within the limits of the said
city, upon the forfeiture of ﬁve shillings for every such offense,
to be convicted in manner aforesaid. '
All which penalties and forfeitures shall go, one moiety to
the informer, and the other to the poor of the township where
such offense is committed. But if convicted upon view of a jus-
tice of the peace, the whole forfeiture shall be to the use of the
poor. And if the offender refuse to pay, the same shall be
levied by distress and sale of the offend-er’s goods, by warrant
under the hand and seal of the justice before whom such of-
fender shall be convicted, returning the over-plus, if any be,
the charge of distraining being ﬁrst deducted. And for want
of such distress he shall be committed to prison, where the for-
feiture is twenty shillings, for the space of ten days; and,
where the forfeiture is ten shillings, for the space of ﬁve days;
and, if the forfeiture is ﬁve shillings, for the space of two days,
without bail or mainprise.
Passed August 26, 1721. Apparently never considered by the
Crown, but allowed to become a law by laps-e of ‘time in accordance
with the proprietary charter. See Appendix I'V, Section II, and
Hill's letter and Fane’s opinion in Appendix-V, Section I, and p
I721] The Statutes at Large of Pennsylvania.
257
the Acts of Assembly passed February 6, 1730-31, Chapter 323;
January 27, 1749-50, Chapter 383. Repealed by Act passed April 9,
1760, Chapter 456.

CHAPTER CCXLVII.

AN ACT ‘EOR ‘THE W ELIL TAiNNIlNlG A'N'D lCIU'RRYING OF LEATHER, A'ND
REGiULA-TIN‘G OYF COKRJDIWAIIN'E‘RS, AND OTHER A'R'TIFICER‘S, USING
AND OCC‘UiPYINlG LEAITTHE'R WITHIN THIS PROV IN'CE.
Whereas very great abuses have been committed by tanners,
cutters and other persons, using and working of leather within
this government, and the prices of leather become very exor-
bitant and burdensome to the people of this province: To the
intent therefore that a reasonable and indifferent course for
the true and well tanning, currying and working of leather, may
be from henceforth established and appointed, and yet the per-
sons using the several crafts and mysteries aforesaid may not
be more strictly bound or limited than the necessary regard of
the welfare and general commodity of all His Majesty’s sub-
jects within the said province requireth:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
from and after the twenty-ﬁfth day of November next, in this
present year of our Lord one thousand seven hundred and twen-
ty-one, if any person or persons using, or which shall use, the
mystery or faculty of tanning, or any person or persons im'
porting, or who shall import, any leather into this province,
shall at any time or times hereafter offer or put to sale any kind
of leather which shall be insuﬁ‘iciently and not thoroughly
tanned, so that the same, by the triers of leather lawfully ap-
pointed by virtue of this present act, for the time being, shall
be found to be insufficiently not thoroughly tanned, that then
all and every such person and persons so offending shall for-
feit such leather, as shall be found insufficiently and not thor-
oughly tanned, unless the party importing the same will give
258
T/u: Slam-fax‘ a! Large 0fPwz1zsy/wmz'a. _ [I721
\
security to the triers, to be appointed by virtue of this act, to
export the said leather, so imported and being insufficiently
tanned, without working or manufacturing, or causing the
same ‘to be wrought or manufactured, in this province.
[Section II.] And be it further enacted, That no person or
persons, using the mystery of tanning leather by him or them-
selves, [or] any other person or persons, from and after the
twenty-ﬁfth day of November next, in the year of our Lord
aforesaid, shall, during the time that he or they shall use the
mystery of tanning, occupy or use the mystery of a. shoemaker
or currier, or any other artificer, using or exercising the cutting
or working of leather, upon pain to lose and forfeit all and every
such hide and hides, skin and skins so by them or any of them
wrought or curried, during the time that he or they shall use
the mystery or craft of tanning, or the just value thereof.
[Section 111.] And be it further enacted, That no person or
persons whatsoever, after the twenty-ﬁfth day of November
aforesaid, shall buy or make any contract for any unwrought
hides or calfskins in the hair, but only such person or persons
as useth the trade or mystery of a tanner, or shall tan or taw
the same, except such persons as shall purchase them to be
tanned for their own private use, or shall purchase salt or raw
hides for any person’s private use, or the necessary use of ships
or vessels going to sea.
[Section IV.] And be it further enacted, That it shall not
be lawful for any person or persons to lade, ship or carry, in
any ship or vessel, entering and lading in any port of this
province, any leather or raw hides, with intent to transport
or carry the same into any place or places out of this province,
except such as may be carried to the province of New Jersey,
and counties of Newcastle, Kent and Sussex upon Delaware,
to be wrought up there, and except leather imported into this
province, upon pain of forfeiture of the said leather or raw
hides, so laden or transported, and treble the value thereof,
to be forfeited by the owner or owners thereof. And if no
owner can be found, then the person, in whose custody or pos- I
session the same shall be found, to incur the like penalty of the
treble value aforesaid. And the owner or owners of the
said ships or vessels knowing of such offense, and not discov-
1721] The Statutes at Large 0f Peuusyteauz'a.
259
ering the same, shall forfeit three times the value of the leather
and hides so shipped or exported. And the master and mari-
ners knowing of such offense, and not discovering the same,
shall forfeit the treble value as aforesaid, or be imprisoned for
any time, at the discretion of the justices of the court of quar-
ter-sessions, not exceeding six months, without bail or main-
prise. ‘
[Section V.] And be it further enacted by the authority
aforesaid, That’from and after the twenty-ﬁfth day of Novem-
ber, in the present year of our Lord one thousand seven hun-
dred and twenty-one, no tanner or tanners, person or per-
sons whatsoever, within this province, shall sell for, or take
or receive of, any person or persons whomsoever, within this
province, above the rate of nine-pence, current money of Amer-
ica, for a pound of well tanned leather, and so proportionably
for a greater quantity, on penalty of forfeiting the said leather,
and one shilling for every pound so sold above the rate afore-
said. _
And that no person or persons within this province shall,
by any means, occupy or put in any made wares any curried
leather before the same shall be searched and allowed by the
sealers or searchers, according to the directions of this act, to
be well and sufficiently curried; and that every shoemaker
and other artiﬁcer and cutter of leather shall forfeit for every
hide or skin so used or occupied, without sealing and searching
as aforesaid, the sum of ten shillings, and the value of such
hide or skin so used or occupied.
[Section VI.] And be it further enacted by the authority
aforesaid, That no person occupying the trade or mystery of a
shoemaker, shall make or cause to be made any boots, shoes or
slippers for sale, but of leather well and truly tanned and cur-
ried, and well and sufficiently sewed with good thread, well
twisted and made, and well waxed; nor shall mingle the over
leathers, (that is to say) part of the over-leather being of neats-
leather, and part of calves-leather; nor shall put into any boots,
shoes 'or slippers for sale, any leather'made of sheepskin, bull-
hide or horse-hide; or into the upper leather of any shoes or
slippers, or into the inner part of any boots (the inner part of
17—11
_260
T/w Staz‘uz’cs at Large 0f P’Yzmj/l'z'mzzkz. [I 721
the shoe excepted) any part of any hide from which the sole-
leather is cut, called “the womb’s neck, shank, ﬂank, powle or
cheek,” upon pain of forfeiture of all such [shoes,] boots and
slippers, to. be divided and applied [in] manner directed by
this act.
And that no shoemaker, or other person, shall take or receive,
above the rate of six shillings and six pence for a pair of good '
well-made men’s shoes, and ﬁve shillings for a pair of good,
plain, well-made women’s shoes; and so proportionably for all
smaller shoes for any person above four years of age, according
to their several sizes; to be set and rated by the mayor and
aldermen of the city of Philadelphia, in their quarterly court
_ of record, and by the justices of the respective counties within
this province, in their respective general quarter-sessions of
the peace, on pain of forfeiting all such shoes, as shall be sold
above the rates in this act directed and limited, and above
the several rates that. shall from time to time be set and rated _
by the aforesaid mayor and aldermen, and the said justices
in their respective [courts of] quarter-sessions, in manner
before mentioned. .
[Section VII.] And be it further enacted, That the mayor
and aldermen of the city of Philadelphia, for the time being,
and the justices of the several courts of quarter-sessions of
the peace for the counties of Philadelphia, Chester and Bucks,
upon the penalty of forty pounds, to be [recovered and] em-
ployed as other forfeitures in this act mentioned, shall, at their
next respective courts of quarter-sessions, to be held after
publication of this act, and afterwards once in every two
years, or oftener if need be, nominate and appoint one or
more honest and skillful [person or] persons, of their respect-
ive cities and counties, who shall be sealers, and keep a seal
to be prepared by the directors of the said justices for the
sealing of leather; which sealers and searchers shall also
be sworn or affirmed before the mayor and aldermen afore-
said, and before the justices of the said general quarter-ses-
sions of the peace, in their respective cities and counties, to
do their ofﬁce of sealers and searchers of leather truly; which
said sealers and searchers shall view and search all leather,
1721] The Statutes at Large of Pennsylvania.
261
and ﬁnding it sufficiently and thoroughly tanned and dried,
shall seal the same with the said seal; for which the said sealer
and searcher shall receive of the owner or owners of such
leather, for every dicker of hides so searched and sealed, one
shilling, and for every single half-dicker, eight pence, and for
any less number than half a dicker, two pence per hide; and
' four pence for every dozen of calfskins, by him so sealed.
And that no sealer and searcher shall continue above two years
in his office aforesaid at one time. And that the said searchers
and sealers shall and by this act are empowered to enter into
any tanyard, shop, or other house or place whatsoever, and
search for leather tanned or occupied, and for shoes, boots,
slippers, saddles and all other wares, made for sale, contrary to
the directions and true intent and meaning of this act; and in
case of opposition or refusal, to break open doors and other
obstacles, and the same leather or wares to seize; and after
seizure, to bring the same to the mayor of the city of Philadel-
phia, and to any of the justices of the counties aforesaid re-
spectively, who shall forthwith appoint three honest and skill-
ful persons to be triers, who shall openly, in some market place
or public place, try whether the same leatherpboots, shoes or
other wares, so seized, be sufﬁcient and according to the true
intent and meaning of this act, which said trial shall be made
upon the oath or aﬁrmation of the triers; and if the same be
found insufficient, then the said leather, shoes, boots, slippers
and other wares shall be forfeited and appraised, and disposed
of as the said mayor and aldermen of the city of Philadelphia,
and justices of their next respective courts of quarter-sessions
in their several counties, shall direct. And no person or per-
sons shall buy any forfeited wares to sell again, on pain of for-
feiting three times the value thereof. And every person or
persons resisting the said searcher or searchers in any part of
their duty enjoined them by this act shall forfeit the sum of
twenty pounds, to be recovered and applied in the manner and
to the uses in this act directed.
[Section VIII] And be it further enacted by the authority
aforesaid, That any person or persons, or ofﬁcer, sued for any-
thing done by virtue or in pursuance of this act, may plead the
262
Tne Smz‘nz‘es at Large of Pennsylvania. . [I 721
general issue, and give this act and other special matter in
evidence; and if the prosecutor shall be cast or become non-
suit, he shall pay treble damages to such person or ofﬁcer, to be
recovered in any court of record within this province, by action
of debt, bill, plaint or information.
[Section IX.] And be it further enacted, That no currier
shall refuse or neglect well and sufficiently to curry leather
within six days in summer, and twelve days in winter, after
he shall or may take it in hand; nor shall curry any hide or
skin not sealed by the ofﬁcer appointed by this act, on pain to
forfeit for every hide or piece of leather not curried accord-
ingly ﬁfteen shillings. And that the said searchers and
sealers who shall travel from the place of his or their habita-
tion above one mile, to search or seal any leather, shall be
allowed and paid, by the tanner or owner of such leather,
three pence for each mile. And that the said sealers and
searchers, to be appointed by virtue of this act, shall, upon re-
quest made unto them, forthwith search and seal all such
leather as shall be sufficiently tanned, which shall be brought
unto them respectively, or which shall be within the city of
Philadelphia; and-shall, within one day after request made
unto them, go to any tanyard or other place, to search and seal
leather suﬂiciently tanned, on pain to forfeit forty shillings
for each willful neglect, which penalty, with all others men-
tioned in this act, not otherwise appropriated, shall be, one
moiety to the governor, for the support of government, and
the other moiety to the person or persons that will inform
or sue for the same. And that the recovery of all forfeitures
and penalties under forty shillings shall be heard and deter-
mined by the mayor, or any one or more of the aldermen of
the city of Philadelphia, and by one or more of the justices of
the respective counties, out of sessions. And that all for-
feitures and penalties, above the value of forty shillings, shall
be recovered in any court of record in this province, by bill,
plaint or information, wherein no essoin, protection or wager
of law, nor any more than one imparlance, shall be allowed.
Provided nevertheless, That this’ act, or anything therein
contained, shall not extend to the prohibiting the exporta-
I 721] - The Statutes at Large 0f feuusytz/auz'a.
26
tion of boots, shoes, slippers, saddles and other wares, manu-
factured and made of leather within this province.
Provided also, That it shall and may be lawful for any per-
son or persons to export tanned leather out of this province,
when the price does not exceed eight pence per pound, a permit
being ﬁrst had and obtained, for which there shall be paid
one shilling and no more, by the exporter or owner of such
leather, from the mayor and two of the aldermen of the city
of Philadelphia, for the said city, and from three or more jus-
tices of the peace for the respective counties of Philadelphia,
Chester and Bucks, certifying the common price of well tanned
leather, not'to be nor [to] have been above eight pence for
at least one month before the date of such permit; which per-
mit shall be granted for no longer time than the space of one
month; and if the same be granted for any longer time, or in
other manner than in this act directed and limited, the same
shall be void, and the parties concerned in the exportation of
such leather shall be liable to all the penalties of this act, as if
no such license or permit had ever been granted.
[Section X.] And be it further enacted by the authority
aforesaid, That if any butcher, or other person, shall gash,
slash or cut, any hide of any ox, bull, steer, cow or calfskin,
in slaying thereof, or otherwise, so as the same shall be im-
paired or hurt, and shall expose or offer the same to sale, such
offender shall forfeit two shillings for every such hide of ox,
bull, steer or cow, and six pence for [every] calfskin.
And if any person shall offer or expose to sale any putriﬁed
hide or skin, such person shall forfeit for every such hide, so
offered for sale, three shillings, and for every such skin nine
pence; one-half of which forfeitures shall be paid to the tanner
'or person purchasing such hides and the other half to the
overseers of the poor of the city or county where such hide
shall be cut, slashed, gashed or exposed to sale.
Passed August 26, 1721. Apparently never considered by the
'Crown, but allowed to become a law by lapse of time in accordance
with the proprietary charter. See Appendix IV, Section II, and
Hill’s letter and Fane’s opinion in Appendix V, Section I, and the
Acts of Assembly passed March 21, 1772, ‘Chapter 657; February 26.
1773, Chapter 677. Repealed by Act passed March 20, 1810, P. L. 188.
264
T he Statutes at Large ef Pennsylvania. [I 722
At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1721, and continued by ad-
journments until the twenty-second day of May, 1722, the fol-
lowing acts were passed:
CHAPTER OCXLVIII.

A'N AJCT FOR IMPOSINlG A DUTY 0N PERSONS CONVICTED our HE'INOUS
CRIMES AlNlD IMPORTED I-NTO ‘THIS PROVINCE AS SERVANTS, OR
OTHERWISE.
Whereas many persons trading into this province have, for
lucre and private gain, imported and sold, or disposed of, and
daily do import and sell as servants for term of years, divers
persons convicted of heinous crimes, who, soon after their com-
ing into this province, do often run away and leave their mas~
ter’s service and commit many heinous felonies, robberies,
thefts and burglaries, to the great loss of persons purchasing
such servants, and to the great hurt in general of His Majesty’s
‘good subjects residing in, and trading to and from this prov-
1nce:
[Section 1.] Be it therefore enacted by Sir William,Keith,
Baronet, Governor of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That all masters of vessels, merchants or others, who shall im-
port, land or bring into any port or place belonging to this
province, at any time after the publication of this act, any per-
son in the condition of a servant or otherwise, within the intent
and meaning of this act, who hath been convicted of any mur-
der, burglary, rape, sodomy, forgery, perjury or any other
felony whatsoever, at‘ any time before such importation, or
coming into this province, shall pay, for the use hereafter men-
tioned, the sum of ﬁve pounds for every such convict so im-
ported, or otherwise, brought in, before the said servant or con~
vict shall be landed or put on shore, and shall further become
- I 722] The Statutes at Large of Pennsylvania.
265-
bound, with good and suﬁcient security, to the treasurer of
this province, for the time being, in the sum of ﬁfty pounds, for
the good behavior of such convict person for the space of one
year next after his or her importation or coming into this
province.
And for the better discovery of such convicts, who shall here-
after be imported into this province [to be sold] as aforesaid:
[Section II.] Be it enacted by the authority aforesaid, That
all masters of vessels, merchants and others, who shall here-
after bring into any port or place belonging to this province,
by land or water, any men or women servants, or persons con-
victed, as aforesaid, shall within the space of twenty-four hours
after their arrival in any port or place of this province, forth-
with make entry and give, or cause to be given, upon oath or
afﬁrmation, to the collector of the said duty, for the time being,
a true and just account of all the names of the servants and
passengers so imported or brought in, which account the col-
lector shall duly enter, and shall forthwith give notice thereof
to any two or more of His Majesty’s justices of the peace, for the
city or county where such servants or passengers shall be im-
ported, which justices are hereby empowered and enjoined
immediately by warrant or otherwise to call before them the
said master, merchant or other person or persons importing
such servant or servants, or passengers as aforesaid, and to ex-
amine upon oath or afﬁrmation the said master, merchant and
all other persons who may be supposed to have any knowledge
. of the character and circumstances of such servants or passen-
gers; and ‘thereupon shall grant unto the master, merchant
or owner, or other persons having the charge or care of any
- servant or servants or passengers so imported or brought into
this province, a certiﬁcate containing the names of all the ser-
vants or passengers which such justices shall judge ﬁt to be
landed or disposed of as servants and [do] not appear to them
to have been formerly convicted of any of the crimes mentioned '
in this act: for which examination, permit and certiﬁcate,
there'shall be paid to the justices aforesaid, one shilling per
head, and no more. '
And if any servant or servants, or other person [shall be] im-
266‘
T/ze Statutes at Large of Pennsylvania. \ [I 722
ported or brought into any port or place in this province, with~
intent to be sold or disposed of as servants, and being above
the age of twelve years (whose age shall be adjudged of by any
two or more of the justices of the county where such servant
or other person is brought in, or offered to be sold and disposed
of), without making such entry as aforesaid, in the manner be-
fore directed, and paying the duty and giving [the] security, as
aforesaid, within the time limited by this act for that purpose,
or obtaining such certiﬁcate from the justices, as aforesaid,
every such master of a vessel, merchant and other person so im-
porting, landing or bringing in such servants or other persons,
shall forfeit and pay for each servant or other [person] so im-
ported, brought in or landed, contrary to the direction of this
act, the sum of twenty pounds, one-half (after all charges of
' prosecution deducted) to the governor, for the support of gov-
ernment, and the other half (after the charges deducted as
aforesaid), to the collector or to such person or persons as will
sue for the same, in any court of record in this province, by bill,
plaint, or information, wherein no essoin, protection or wager of
law shall be allowed. ' ‘
Provided always, That this act shall not extend to any child or
children under the age of twelve years, imported as servants
into this province, or to any merchant or other person or persons
having the charge or care of any servant or servants, or other
persons imported or brought into this province, who within the ‘
time limited by this act for making such entry and obtaining
such certiﬁcate from the justices, as is before directed, shall
enter into bond to the treasurer of this province, for the time
being (which bond, with all other securities enjoined to be
taken by virtue of this‘ act, the collector of the duties afore-
said, for the time being, is hereby empowered and required to
take), in the sum of twenty pounds for each servant or other '
person so imported with condition thereunto annexed, that
such master, merchant or other person or persons, having the
charge or care of any such servant or servants or other per-_
son, shall, within the space of three months next after, such
servant or servants or other person’s arrival or coming into any
port or place of this province, actually and bona ﬁde ship off
or send out of this province such servant or servants, or other
-I 72 2] The Statutes at Large of Pennsylvania.
-267
person, so as not to return again, without complying with this
act, for which bond the said collector shall receive the sum of '
two shillings and six pence and no more.
[Section 111.] And be it further enacted, That if any person
or persons within this government shall buy, agree with or
contract for any servant with the master of any vessel, mer-
chant or other person or persons being the owner or having the
charge or care of any servant or servants or other person im-
ported or brought into any port or place in this province, above
the age of twelve years, without a certiﬁcate from some justice
of the peace of this province, certifying that such servant or
other person was legally imported, and the duty of ﬁve pounds
paid, and security given for the good behavior, as aforesaid,
or a permit obtained for the landing and selling such servant
or other person according to the directions of this act, that such
servant or other person shall and by this act is declared to be
free from the person or persons purchasing him or her, any
contract or ‘agreement between the person disposing of and
the person purchasing such servant or servants, or other per-
' son, in anywise notwithstanding.
[Section IV.] And be it further enacted by the authority
aforesaid, That all persons obliged by this act to make
entry, as aforesaid, shall apply to Charles Read, of Philadel-
phia, merchant, who is hereby appointed the present collector
of the said duty hereby imposed, without any notice or request
made by him for their so doing.
And the said collector is hereby further empowered to re-
ceive, collect, demand and recover from all persons importing,
landing or bringing in any servant- or servants, or other per-
sons, into any port or place within this province, all forfeitures
and penalties hereinbefore appointed to be set, imposed and
levied by virtue of this'act.
And shall pay unto the provincial treasurer of this province
all such sums of money as he shall receive, for the use of the
government, by virtue of this act; and shall deduct out of the
same ten per cent for receiving and paying. '
And in case of the death or removal of the ‘said collector the
17 *-—II
268
7726 Statutes at Large 0f Penney/name. [I 722
provincial treasurer for the time being shall appoint another
in his stead, to collect the duties aforesaid.
Passed May 5, ‘1722. Apparently never considered by the Crown,
Ibut all-owed to become a law by lapse of time in accordance with.-
the proprietary charter. See Appendix IV, Section II, and Hill's
letter and Fane’s opinion in Appendix V, Section I, and the
Acts of Assembly passed May 10, 1729, ‘Chapter 307. Repealed by
Act passed February 14, 1729-30, Chapter 314, and the note thereto.

CHAPTER CCXLIX.
&
AN AJOT FOR LA-YINIG A DUTY ON WINE, R'UM, BRANDY A-N‘D SPIRITS,
‘MOLASSES, ‘CIDER, H‘OPS ANID FLAX, I'M‘PORT‘ED, LAN‘DED OR
BROUGHT IN T10 THIS PROVINCE.
To the end that due provision be‘ continued for paying the
public debts and necessary charges of government:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
for all Madeira wines, rum, brandy and spirits, molasses, cider,
hops and ﬂax, which shall be imported, landed or brought
within any port or place belonging to this province, at any
time after the thirteenth day of May, in the year of our Lord
one thousand seven hundred and twenty-two, and until the
thirteenth day of May, which will be in the year of our Lord
one thousand seven hundred and twenty-ﬁve, there shall be
duly levied, collected and paid, the several rates and duties
hereafter mentioned: (That is to say) for every pipe of Madeira
wine, belonging to any person or persons residing in this prov-
ince, which within the time aforesaid shall be imported or
brought within any of the said ports or places, by way of mer-
chandise or otherwise, the sum of twenty shillings, and so
after that rate for a greater or lesser quantity; and for every
pipe of Madeira wine, belonging to persons not residing in this
province, which shall be imported or brought in as aforesaid,
within the time aforesaid, the sum of forty shillings, and after
r I 7 22] The Statutes at Large ofiPennsylvania.
269
the same rate for a greater or lesser quantity; and for every
pipe of Fayal wine, by whomsoever imported within the time
aforesaid, three pounds, and after that rate for a greater or
lesser quantity; and for every gallon of rum, brandy and spir-
its, which shall be imported or brought within any of the said
ports or places, within the time aforesaid, three pence; and for
every‘ gallon of molasses which shall be imported or brought
within any of the said ports or places, within the time aforesaid,
one penny; and for all cider so imported within the time afore-
said (except of the growth of the lower counties, or West Jersey),
the sum of ﬁve shillings by the barrel, and after that rate for a
greater or lesser quantity; and for all hops and ﬂax imported
Within the time aforesaid, (except the growth of the lower coun-
ties or West Jersey), after the rate of six pence by the pound.
And for the better and more sure collecting and receiving
of all and singular the said rates and duties hereby imposed:
[Section 11.] Be it enacted by the authority aforesaid, That
if any person or persons, within the time aforesaid, shall im-
port, or cause to be imported, or brought within any port, place,
creek or harbor belonging to this province, by way of merchan-
dise or otherwise, any of the said wine, rum and other liquors,
molasses, hops or ﬂax, the master or commander of every ship,
sloop, shallop or other vessels, or other person so importing or
bringing in any of the said liquors, hops or ﬂax, shall not unload
or put on board any lighter, shallop, boat or bottom whatso-
ever, or lay on'land or suffer to be discharged or put into any
lighter, shallop, boat or bottom, or to be laid on land out of
any ship, sloop, shallop or other vessel aforesaid, any of the said
wine, rum and other liquors, molasses, hops or ﬂax or any other
goods, wares or merchandise whatsoever, before such master,
commander or other person having charge of the said ship,
sloop, shallop, vessel or goods for that voyage, shall have deliv-
ered or cause to be delivered upon oath or afﬁrmation to the col-
lector, or ofﬁcer hereby appointed to collect the said duties, a
true and just account or manifesto of all the said wine, rum
and other liquors, molasses, hops and ﬂax, goods, wares and
merchandises so by him or them imported or brought in, as
aforesaid, with the particular marks, numbers, quantities and
270
T/te Statutes at Large 0f Pennsy/z/anza. [1722
contents of the lading, to the best of his or their knowledge.
Also where and in what port or place the vessel took in her lad-
ing, and by whom shipped and to whom consigned or belong- '
ing; which the said collector shall duly enter in a book for that
purpose, and thereupon shall grant a permit gratis for landing
the same.
‘And to the end that due and just entries be made of ‘all such
wine, rum and other liquors, molasses and cider as shall be im-
ported as aforesaid, the collector of the imposts hereinafter
named, after such liquors are ﬁlled upon the wharves, shall
make an abatement to the importer thereof of ten per cent on
the said duties, which shall be in full of all leakage. And the
said collector is empowered to administer every oath or afﬁr-l
mation hereby required.
And that every importer, owner or claimer of such wine, rum '
and other liquors, molasses, hops'or ﬂax shall immediately pay
down the said duties hereby imposed in ready money or other-
wise become bound to the provincial treasurer for the time
being, with one or more sufﬁcient sureties, or procure two other
sufﬁcient persons to be bound to the said treasurer, to answer
and pay the respective rates and duties hereby imposed upon
such importation, within four months after the date of the said
obligation; for which bond the collector shall receive of the
parties one shilling and six pence and no more. And where the
said duties shall be paid down, the parties paying the same
shall have an allowance by way of rebate or deduction out of
' the same after the rate of ﬁve pounds per cent in consideration
of such’ ready money so paid or advanced. .
[Section 111.] And be it further enacted by.the authority
aforesaid, That if any of the said wine, rum and other liquors,
molasses, hops or ﬂax, shall be imported within the time afore-
said, or shall be unladen, landed or carried away, before the
master or commander of the vessel importing the same hath
delivered to the said collector an account or manifesto of the
goods or merchandises imported as aforesaid, every such master
or commander shall forfeit and pay the sum of one hundred
pounds, one-half thereof to the governor, for the support of this
government, and the other half to the collector ‘or such other
person as will sue for the same, by action of debt, bill, plaint
I 722] The Statutes at Large of Pennsylvania.
271
or information, in any court of record in this province, wherein
no essoin, protection or wager of law, nor any more than one
- imparlance shall be allowed.
And if any of the said wine, rum and other liquors, molasses,
hops or ﬂax shall be so imported, unladen or landed, as afore-
said, without paying or giving security for the payment of the
said duties in manner aforesaid, that then the wine, rum and
other liquors, molasses, hops and ﬂax so imported, unladen or
landed, or the value thereof if the same cannot be found,
shall be forfeited by the owner, claimer or receiver thereof;
one moiety of which, after the duties hereby imposed and all
charges of prosecution are deducted, shall go to the governor
for the support of this government, and the other moiety to the
collector, or such other person as shall sue for the same in man-
ner aforesaid. .
. [Section IV .] And be it further enacted by the authority
aforesaid, That the said ofﬁcer, now or hereafter appointed to
collect the said duties arising hereby, shall have full power and
authority by virtue of this act, without any further or other
warrant, to enter on board any ship or vessel, and into any
house, shop, cellar, warehouse, room, or other place whatsoever,
where he shall suspect any of the said wine, rum and other
liquors, molasses, hops or ﬂax to be concealed, and make
searches, and do all other [matters and] things, which tend to
secure the true payment of the duties by this act imposed, and
the due and orderly collection thereof: and in case of opposi-
tion or refusal, with the assistance of the sheriﬂ, water-bailiﬂ,
constable or other ofﬁcer, who without any further or other
~-warrant are hereby enabled and required, under the penalty
of ﬁve pounds for every refusal or neglect in that behalf, to be
recovered as aforesaid, to be aiding and assisting to the said
. ofﬁcer or collector to seize the said wine, rum and other liquors,
molasses, hops and ﬂax, which shall be concealed or endeavored
so to be as aforesaid. And for that end to break open doors
and other obstacles, and do and perform all other act and acts
which by this act is required to be done for collecting, receiv-
ing and recovering any of the said duties, penalties or for-
feitures, or for making seizures of any of the said wine, rum
and other liquors, molasses, hops or ﬂax upon which the said
272
The Statutes at Large of Pennsylvania. [1 722
respective duties are hereby imposed, which shall be run,
landed or brought in without making entries, and paying or
securing the said duties, in as full and ample manner, to all in-
tents and purposes as any of the collectors of the King’s cus-
toms may or can do by the laws of Great Britain.
‘Provided always, That if any of the said wine, rum and other
liquors, molasses, hops or ﬂax for which the said duties are
paid or secured as aforesaid, shall, within the space of six
months after importation, be exported and carried out to sea,
then and in ‘such case three-fourths of the said duties hereby
imposed shall be abated for such [part of the said] molasses,
liquors, hops or ﬂax as shall be so exported; and upon payment
of the remaining one-fourth the security given shall be deliv-
ered up and discharged. -
And if any such importer of the said wine, rum and other
liquors, molasses, hops or ﬂax, shall, upon importation, pay
down ready money for the duty hereby imposed, for the beneﬁt
of the ﬁve per cent, the collector shall forthwith give his note to
such importer to refund and repay three-fourths of the whole
duty, without any allowance of the ﬁve per cent of such liquors,
' molasses, hops or ﬂax, payable to such importer or other person
or persons as shall export the same, within the time limited by
this act, immediately upon such exportation. '
[Section V.] And be it further enacted, That all masters of
vessels, owners and other persons trading in the river Dela-
ware, and entering into any port or place of this province, hav-
ing on board any of the wine, rum and other liquors, molasses,
hops or ﬂax, which by this act are liable to pay the said duties,
shall, and are hereby required to observe and comply with the ..
directions of this actas though such vessels came from sea di-
rectly. And all persons by this act obliged to pay any of the
said. duties shall apply to the collector of the said duties, with- _
out any notice given or being otherwise thereunto required by
him for so doing. '
[Section VI.] And be it further enacted by the authority
aforesaid, That Samuel Preston, of Philadelphia, merchant,
shall be and is hereby appointed and authorized to be provin-
cial treasurer for this province. And in case of his death or
I 72 2] T he Statutes at Large of Pennsylvania.
2'73
removal the assembly for‘ the time being shall appoint another
in his [stead]. But if no assembly be sitting at the time of
his death or removal, then the governor and council shall ap-
point one to supply his place, until the next meeting of the as-
sembly. But before any treasurer enters upon his said office
he shall become bound to the governor for the time being, with
one or more sufﬁcient sureties, in an obligation of one thousand
pounds, conditioned for the due performance of his said oﬂice.
[Section VII.] And be it further enacted, That Owen Roberts,
of Philadelphia, shall be and is hereby appointed collector of
the said rates and duties hereby imposed and receiver of all
ﬁnes,forfeitures and penalties hereinbefore appointed to be set,
imposed and levied by virtue of this act; which the said col—
lector is hereby empowered to demand, collect, receive and re-
cover of and from all persons importing or landing any of the
said wine, rum and other liquors, molasses, hops or ﬂax, by this
act appointed, to pay the duties aforesaid; and shall from
time to time take all bonds hereby required to be given as
aforesaid, and cause the importer or claimer of any of the said
goods, upon oath or afﬁrmation, which the said collector is
hereby obliged to administer, to discover whether any of the
said wine, rum and other liquors, molasses, hops or ﬂax, so
imported, be the property of the inhabitants of this province, _
or others, and to oblige them to the payment of the said duties
accordingly. And in case any such claimer shall refuse to
discover, upon oath or affirmation, as aforesaid, to whom such
goods do properly belong, the said goods shall be forfeited, one
moiety thereof to the governor, and the other to the collector or
such person or persons as shall sue for the same in manner
aforesaid. -
[Section V 111.] Provided always, and be it further enacted,
That in case the said Owen Roberts shall refuse or [neglect to]
take upon him to be the ofﬁcer or collector of the said duties,
or having taken the same upon him shall afterwards neglect
or decline the same or misbehave himself therein, or die, that
then and in such case the treasurer is hereby empowered and
required to appoint another in his place or stead, who shall
give the same security, and have the same power and authority
as by this act is given to the said Owen Roberts, until the as-
274
_ lze Statutes at Large of Pennsylvania. [1 722
sembly appoints another; and who, when chosen, shall be in-
vested with the same power and subject to the same restric-
tions and penalties as this act directs. '
And the said collector shall keep fair and true accounts in
writing of all his doings relating to the premises, which he
shall from time to time submit to the view and inspection of the
provincial treasurer, and lay the same before the assembly
when thereunto required.
And the said collector shall, once in six weeks, or oftener if
thereunto required, during the continuance of this act, payinto
the said treasurer’s hands all such sums of money which he
shall receive by virtue of this act, and shall deduct out of the
same for his own use ﬁve per cent.
And the said collector shall be further allowed by the said
treasurer, in the ﬁnal adjusting of his accounts, all reasonable
charges in the prosecution of the said seizures and recovery of
any of the said ﬁnes, forfeitures and penalties in pursuance
of this act.
Provided always, That the said collector, before he enters
upon the execution of his said ofﬁce, shall be sworn or attested
before some justice of the peace; and shall with one or more
sufﬁcient sureties become bound in an obligation of one thou-
sand pounds to the treasurer, conditioned for the true and
faithful execution of his said ofﬁce. '
And if any of the said liquors, molasses, hops or ﬂax, so to
be imported as aforesaid, shall be seized in pursuance of this
act, and a doubt or question shall arise whether such wine, rum
and other liquors, molasses, hops or ﬂax are liable to pay the
said respective duties, the proof that they are not liable to pay
the said duties shall lie on the importer, possessor or claimer,
and shall not be incumbent on the prosecutor.
[Section IX.] Provided nevertheless, and be it hereby en-
acted, That if the said collector or any other person or persons
shall be sued and prosecuted for anything done in pursuance
of this act, he or they so sued or prosecuted may plead the gen-
eral issue and give this act and special matter in evidence for
their justification. And if upon trial thereof a verdict shall
be given against the prosecutor, or that the plaintiff or prose-
I 72 2] The Statutes at Large of Pennsylvania.
275
cutor shall become non-suit, or suffer a discontinuance, the
defendant or defendants in such [action] shall recover treble
damages and full costs of suit.
Provided also, That no collector, or other ofﬁcer, shall be
liable to be sued for anything done in prosecution of this
act, unless such suit be commenced within twelve months next
after the supposed injury shall be done or committed.
lPassed May 12, 1722. Expired May 13, 1725, before being con-
sidered by the King in Council. See Appendix IV, Section II, and
the Acts of Assembly passed March 2, 172’2-23, Chapter 261; March
30, 1723, Chapter 269; December 12, 1723, Chapter 276.
CHAPTER COL.

AN ACT FOR LAYING A DUTY 0N NE‘GRO'ES IMPORTED INTO THIS
\PROVINCE.
We, the representatives of the freemen of the province of
Pennsylvania, desire that it may be enacted:
[Section 1.] And be it enacted by Sir William Keith, Baro-
net, Governor of the Province of Pennsylvania, &.c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That for every negro which shall be imported, landed or
brought into this province, at any time after the thirteenth
day of this instant May, and before the thirteenth day of May,
in the year of our Lord one thousand seven hundred and
twenty-ﬁve, other than such negroes as are actually shipped
for sailors and shall continue in the service of the vessel they
are brought in and not be exposed to sale in this province, and
other than such negroes as shall be brought or sent into this
province upon their master’s immediate business and not for
sale, there shall be paid, for the uses hereafter mentioned, the
sum of ﬁve pounds of lawful money of America.
And that all masters of vessels and others, who shall, within
the time aforesaid, bring into this province by land or water
any negroes, shall forthwith make entry and give or cause to be
18—II
276,
The Statutes at Large of Pennsylvania. [1 722
given upon oath or afﬁrmation, to the person hereinafter ap-
pointed to collect the said duty, a true and just account of all
the negroes so imported or brought in, and to whom they
respectively belong, which the said collector shall duly enter
in a book for that purpose, and thereupon shall grant a permit
gratis for landing the same. .
And that every such importer, owner or claimer of such
negroes shall immediately upon landing or bringing in thereof
pay down the said duty in ready money, or otherwise become
bound to the provincial treasurer, for the time being, with one
or more sufﬁcient sureties, or procure two other sufﬁcient-per~
sons to be bound to the treasurer to answer and pay the said
duty hereby imposed upon such negroes within four months
next after the date of the said obligation, for which the col-
lector shall receive of the party one shilling and six pence and
no more.
And if any of the said negroes shall be imported, landed or
brought in within the time aforesaid, without making entry
and obtaining a permit, as aforesaid, or without paying or
giving security for payment of the said duty in manner afore-
said, that then all the negroes so imported, landed or brought
in, or the value thereof (if they cannot be found) shall be for-
feited; one moiety (after the said duty and all charges of
seizure and prosecution are deducted) shall go to the governor
for support of government, and the other half (after the said
deduction) to the said collector, or such other person as will
sue for the same in any court of record in this province, by
bill, plaint or information, wherein no essoin, protection or
wager of law, nor any more than one imparlance shall be al-
lowed. .
And that the said collector of the said duty arising by this
act shall have full power and authority by virtue hereof.
without any further or other warrant, to enter on board any
ship or vessel and into any house or other place whatsoever,
where he shall suspect any of the said negroes to be concealed,
and make searches and do all other matters and things which
may tend to secure the true payment of the said duty and the
due and orderly collection thereof. And in case of opposition
I 722] The Sz‘az‘nz‘es at Large of Pennsylvania.
277 D
or refusal, the said collector, with the assistance of the sheriﬁ,
Water-bailiff, constable, or other ofﬁcer (who without any fur-
ther or other warrant are enabled and required under the pen-
alty of ﬁve pounds, for every neglect or refusal in that behalf,
to be recovered as aforesaid, to be aiding and assisting to the
said collector) to seize the said negroes which shall be con-
cealed, or endeavored so to be, as aforesaid, and for that end
to break open doors and other things, and to do and perform
all other act and acts which by this act is required to be done,
for collecting, receiving and recovering of the said duty and the
penalties and forfeitures therein mentioned; or for making
seizures of negroes landed or brought in without making en-
tries and paying or securing the said duty, in as full and ample
manner to all intents as any of the collectors or ofﬁcers of the
King’s customs may or can do by the laws of Great Britain.
[Section II.] And be it further enacted, That all masters
ofvessels and\ others trading in the river Delaware, and com-
ing into any port or place of this province, having negroes
on board which by this act are liable to pay the said duty,
are hereby required to comply with the directions of this act,
as if such vessed came from sea directly. And that all persons
obliged by this act to pay the said duty, shall apply to the said
collector, without any notice given or request made by him
for their so doing.
[Section 111.] And be it further enacted, That in case any
vessel shall arrive at any port,_member, creek or landing place
‘ in this province, with any negro or negroes on board, and there
remain for the space of - twenty-four hours without making
entry, under pretense of going to some other port, or any other
pretense whatsoever, the master or owner of the said vessel
shall give security to the said collector that he shall not land
any of the said negroes without entry made and permit ob-
tained from the said collector, under the penalty of seizure and
forfeiture to be recovered as aforesaid.
Provided always, ‘That if any of the said negroes, for which
the said duty is. paid or secured as aforesaid, shall, within the
space of four months after importation, be exported or carried
out to sea, then and in such case three-fourths of the said duties
278
The Statutes at Large 0f Pennsylvanza. [I 722
hereby imposed shall be abated for such of them as shall be
exported; and on payment of the remaining one-fourth part
the'security given shall be delivered up and discharged, and
the ofﬁcer shall and may deduct out of such repayment ﬁve
shillings per head for his care and trouble therein. ‘
Provided also, That all such negroes, for which such deduc-
tion shall be made shall actually and bona ﬁde be forthwith
shipped off or sent out of this. province, so as not to return
again without complying with this act, under the penalty of
seizure and forfeiture, as aforesaid.
Provided also, That if any person or persons shall, during
the continuance of this act, transport him or themselves with
their families and negroes in order to settle in this province,
and shall, upon oath or afﬁrmation, declare before the said
collector, who is hereby empowered to administer the same,
that such negroes so brought. in are for their own service and
not for sale, he or they shall not be liableto pay the said duty
for such negroes, but shall forthwith give security to the said
collector (which he is hereby empowered and required to take)
by a bond of the full value of such negroes, conditioned for
the payment of the rates aforesaid in case such negroes shall
be sold, or the property thereof directly or indirectly altered
within the space of sixteen months after the date of such
bond.
[Section IV.] And be it further enacted, That Owen Rob-
erts, of Philadelphia, shall be and is hereby appointed the
present collector of the said duty hereby imposed, and receiver
of all ﬁnes, forfeitures and penalties hereinbefore appointed
to be set, imposed and levied by virtue of this act, which the
said collector is hereby empowered to demand, collect, receive
and recover of and from ‘all persons importing, landing or
bringing in any negroes during the continuance ‘of this act, .
and shall from time to time take all bonds required to be given,
as aforesaid.
And the said collector shall keep fair and true accounts in
writing of all his transactions relating to the premises,
which he shall from time to time submit to the view and inspec-
i I 722] The Statutes at Large Pennsytvanza.
2791
tion of the provincial treasurer, and lay the same before the
assembly when required. ‘
And once in six weeks, or oftener if required, during the
continuance of this act, shall pay unto the said treasurer’s
hands all such sums of money as he shall receive by virtue of
this act; and shall deduct out of the same for his own use ﬁve
per cent for all sums so by him paid, and shall further be
allowed by the said treasurer, in the ﬁnal adjusting of his
accounts, all reasonable charges by him expended in the prose-
cution of the said ‘seizures, and recovery of any of the said‘
ﬁnes, forfeitures and penalties in pursuance of this act.
Provided always, That the said collector before he enters upon
the execution of his ofﬁce shall be sworn or attested before
some justice of the peace, and shall, with one or more sufﬁ-
cient sureties, become bound in an obligation of ﬁve hundred
pounds to the treasurer, conditioned, for the due and faithful
execution of his said ofﬁce.
And in case of the death or removal of the said collector, the
provincial treasurer for the time being shall appoint another
in his stead to collect the said duty during the continuance
of this act.
[Section V.] And be it further enacted by the authority
aforesaid, That if any person or persons shall at any time be
sued or prosecuted for anything done in pursuance of this act,
such person or persons so sued or prosecuted may plead the
general issue, and give this act and [the] special matter in
evidence for their excuse or justiﬁcation, and if the plaintiff
or prosecutor become non-suit or forbear prosecution or suffer
discontinuance, or if a verdict pass against him in such action,
suit or information, the defendant shall have treble‘ costs, as
in any cases where costs by law are given to defendants.
Passed May 12, 1722. Expired May 13, 1725, before being eon—
si-dered by the King {in Council. See Appendix IV, Section III, and
the Acts of Assembly passed March 2, 1722-23, Chapter 26-1; Decem-
ber 12, 1723, Chapter 275; March 5, 1725-26, Chapter 290.
280
The Statutes at Large of Pennsylvania. [1 722
CHAPTER OOLI.

AN ACT IJAYING AN EXCISE OR DIU‘T‘Y ON ALL WINE, RUM AND OTHER
SPIRITS RETAILEID IN ‘THIS PROVINCE.
To the end that due provision be made for the payment of
public debts and defraying the necessary charges‘of govern-
ment:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
there shall be throughout this province raised, levied, collected
and paid for all wine, rum and other spirits retailed, sold, drawn
or bartered by any taverner, public house keeper, or other
person obliged to take license, so to do at any time after the
fourteenth day of this instant May, and before the fourteenth
day of May, which will be in the year of our Lord one thou-
sand seven hundred and twenty-ﬁve, the rate or sum of eight
pence per gallon, and so proportionably for a- greater or lesser
quantity.
[Section 11.] And be it further enacted by the authority afore-
said, That every [such] taverner, public house keeper, or other
person licensed as aforesaid, before he or she draw, sell or
barter any wine or rum or other spirits, shall enter his or her
name and place of abode with the collector hereinafter ap-
pointed, or his deputy, in a book to be by him kept for that pur-
pose, for which entry they shall pay six pence, and no more.
And all such taverners, public house keepers and other persons
as aforesaid and every of them are hereby enjoined, once in
every three months or oftener if required, to make true and
particular entries with the collector or his deputy aforesaid
upon oath or afﬁrmation, which the said collector or his deputy
are hereby empowered to administer, of all such wine, rum
and other spirits, which they or any of them shall vend, barter
or retail within that time, and so from time to time during the
I 72 2] The Statute; a! Large of Pennsylvania.
-'281
continuance of this act; and shall and are hereby required to
account and pay unto the said collector, or his deputy, once in
every three months, or oftener if required, all such sum and
sums of money as shall become due and payable by virtue of
this act.
[Section 111.] And be it further enacted by the authority
aforesaid, That all and every taverner, public house keeper and
other person as aforesaid, shall, on the entry of their names
and places of abode with the ofﬁcer aforesaid, give unto the said
collector, or his deputy, an exact and true account of all wine,
rum and other spirits which shall be in his or their possession
at the time of the entry aforesaid; and shall also from time to
time after the said fourteenth day of this instant May, before‘
they take into their houses, shops,‘ cellars, vaults or stores any
cask or quantity of wine, rum or other spirits liable to pay the
duty imposed by this act, make entry of all and every such
cask, or quantity of wine, rum and other spirits with the collec-
tor aforesaid, or his deputy, with the marks, numbers and con-
tents thereof; and shall receive from him a certiﬁcate or du-
plicate of such entry, if required by the party; for which entry
and certiﬁcate the said persons shall pay six pence and no
more. -
[Section IV.] And be it further enacted by the authority
aforesaid, That if any taverner, public house keeper, or other
person obliged to take license, as aforesaid, shall presume to
retail, draw, sell or barter any wine, rum, or other spirits, as
aforesaid, without having ﬁrst entered his or her name or
place of abode with the collector, or his deputy, as this act
directs, every such taverner, public house keeper or other per-
son shall forfeit and pay the sum of ﬁve pounds over and above
the duties for all wine, rum and other spirits retailed by them
as aforesaid.
Or if, after such entry made, any such taverner, public house
keeper or other person, shall refuse or neglect to make true
and particular entries every three months, as directed by this
act, or shall refuse or neglect to account with and pay to the
said collector or his deputy, once in three months or oftener if
thereunto required, what shall appear to be due by virtue of
this act upon such entries made by them as aforesaid, every
282
T/ze Statutes at Large of Pennsylvania. [I722
such taverner, public house keeper, or other person, shall for-
feit and pay for so neglecting or refusing to enter the wine, rum
and other spirits drawn every three months respectively, or to
account and pay as aforesaid, for the ﬁrst offense the sum of
forty shillings; and for the second and every other offense
ﬁve pounds, and have their license taken away; and are hereby
declared incapable of retailing or selling any wine, rum or
other spirits during the continuance of this act.
Provided always, That nothing herein contained shall be
construed to hinder or debar any taverner, public house keeper
or other person licensed, as aforesaid, to sell, vend, or barter
wine, rum or other spirits, by the cask or wholesale, or to retail
any quantity of [wine, not less than a gallon, or any quantity
of] rum, or other spirits, not less than a quart duty free, so as
the same be not used, expended or drank in such public house
or tavern, or in any shed,‘ shelter, yard, covert, or other place
belonging to the same.
[Section V .] And be it further enacted by the authority
aforesaid, That if any person shall make short or fraudulent
entries of the wine, rum, [or other spirits] in his or her posses-
sion, as aforesaid, or shall neglect or refuse to enter such wine,
rum [or other spirits] as he or she shall receive into his or her
house, shop, cellar, vault or store, after the said fourteenth day
of May, all such wine, rum and other spirits not entered, as
aforesaid, shall be forfeited. And the collector hereafter
named and his deputy or deputies are hereby empowered to
enter at any time, when they shall see convenient, into the
house, shop, cellar, vault or store of any taverner, publc house.
keeper, or other person,- as aforesaid, and to compare the
liquors in such cellar, vault, shop or store with the entries
made, and to seize and take away all such wine and rum as
shall be found not truly entered as aforesaid.
[Section VI.] And be it further enacted by the authority
aforesaid, [That the said collector] and his deputy, or deputies,
may enter into any house, cellar, vault, store or other room, to
search, examine and gauge the wine, [rum] and other spirits of
any taverner, public house keeper, or other person licensed, as
aforesaid, when and as often as he or they shall see ﬁt; and in
case of opposition, he may force and break open doors to gauge
I 7221 ' The Statutes at Large of Pennsylvania.
283 .
and examine the same; and where it may be necessary shall
take to his own assistance the sheriff, or one or more constables
of the town or county respectively, who without any other war-
rant, are hereby, under the penalty of ﬁve pounds for every re-
fusal or neglect, required to be aiding and assisting to the said
collector and deputies therein, for the [better] and more ef-
fectual collecting the duties, penalties and forfeitures imposed
by this act.
‘Provided always, That there shall be allowed by the collector
or his deputies, unto the several taverners, public house keep-
ers or other persons licensed as aforesaid,‘ ﬁfteen per cent of
all wine and rum by them sold, for leakage or wastage; and if
any cask shall happen to start or burst, no duty shall be reck-
oned for the wine, rum or other spirits which the owner shall
prove he has lost thereby.
And the said collector, before he enters upon the execution
of his ofﬁce, is hereby required to give bond, with two sufﬁcient
securities to the said treasurer for the time being in the sum of
ﬁve hundred pounds, for the faithful discharge of his duty, and
for his accounting and paying all such sums of money as he
shall from time to time receive by virtue by this act.
And the said collector is hereby empowered to appoint depu-
ties (for whom he shall be answerable) in the respective coun-
ties of this province, which said deputies are hereby fully em-
powered to act as deputy collectors in their respective counties,
to all intents and purposes as fully as ‘the said collectoncould
do by virtue of this act.
Provided always, That the said deputy collectors shall make
no entries, nor receive the duties imposed by this act from any
taverner, public house keeper, or other person licensed as afore-
said, but such who are in the respective counties where such
deputy collector shall reside.
And the said collector is hereby required to give public notice
by printed advertisements ﬁxed on all convenient public places,
certifying the time of the commencement of this act, and also
the duties hereby imposed, with notice to the constables of their
duty, and full directions how and when the said entries are to
be made pursuant to this act.
284
The Statutes at Large of Pennsylvania. [1 722
[Section VII.] And be it further enacted by the authority
aforesaid, That ‘Charles Read, of the city of Philadelphia, mer-
chant, shall be and is hereby appointed the collector and re-
ceiver of the duties, ﬁnes and forfeitures aforesaid, laid and to
be laid, imposed and levied by virtue of this act; which the said
collector or his deputy is hereby empowered to demand, collect,
receive and recover of and from all and every the taverners,
public house keepers, and other persons licensed as aforesaid.
And the said collector is hereby required to keep fair and
true accounts in writing of all his doings in the premises;
which accounts, together with his books and entries, he shall
from time to time submit to the view and inspection of the pro-
vincial treasurer for the time being, and also lay the same be-
fore the assembly of this province when and so often as he shall
be thereunto required.
And the said collector shall once in three months, or oftener
if required, pay unto the provincial treasurer all such sums of
money as he shall receive by virtue of this act, deducting out
of the same ten per cent for all sums by him received and paid
as aforesaid, for his trouble and care in collecting, receiving
and paying the same; and shall be further allowed in the ﬁnal
adjusting his accounts with the assembly of this province, all
reasonable charges which may have accrued in the prosecuting
of the seizures and persons offending against this act.
[Section VIII] Provided always, and be it further enacted,
That in case the said Charles Read shall decline or neglect to
discharge the trust reposed in him by this act, or-shall misbe-
have himself therein, or die during the continuance of this act,
that then and in [any] such case the provincial treasurer for the
time being is hereby‘r empowered and required‘ to appoint an-
other in his place or stead, who shall have the same power
and authority as by this act is‘given to the said Charles Read,
until the assembly appoints another; and the said collector so
appointed shall be subject to the same restrictions and penal-
ties as this act directs.
[Section IX.] And be it further enacted, That the collector
for the time being, with the approbation of the treasurer, shall
have full power and is hereby empowered from time to time
during the continuance of this act, to contract and agree with
I 722] The Salem a! Large of Pennsylvania.
285
any person or persons for their respective rates and duties
hereby imposed for the greatest beneﬁt and advantage of this
part of the public revenue.
[Section X.] And be it further enacted by the authority afore-
said, That all the forfeitures and offenses made, done and com-
mitted against this act, or any clause or article therein con-
tained, shall be heard, adjudged and determined by such per-
son and persons, and in manner and form as hereafter is men-
tioned and directed: (That is to say) all such forfeitures and
offenses made and committed within the city of Philadelphia,
shall be heard, adjudged and determined by two justices of the
peace residing within the said city; and all such forfeitures
and oﬁenses made and committed within any of the counties of
this province, shall be heard and determined by any two or
more of the justices of the respective counties where such for-
feitures shall be made or oﬁenses committed.
[Section XL] And be it further enacted by the authority
aforesaid, That if the said ofﬁcer, or his deputy, or any sheriff
or constable, shall be sued and prosecuted for anything done
by them in pursuance of this act, he may plead the general issue
and give this act and special matter in evidence for his or their
justiﬁcation. And in case a verdict shall be given against the
prosecutor, or he shall become non-suit, or suffer a discontinu-
ance, the defendant shall recover treble costs, to be recovered
as is usual in such cases.
[Section XIL] And be it further enacted by the authority
aforesaid, That it shall and may be lawful for any justice of
the peace in this province, upon application made by the said
collector or his deputies respectively, to summon any person
or persons to appear before such justice, at such time and place
as he shall appoint, to give evidence upon oath or afﬁrmation,
for discovering of frauds and abuses committed against this act.
~And if any person or persons summoned, as aforesaid, shall
neglect or refuse to appear and give evidence as aforesaid, he,
she or they so oﬁending, shall for every such offense be ﬁned
by the justice that issued out the [said] summons in any sum
not exceeding twenty shillings and be committed to prison
until such sum be paid.
And if any person or persons ﬁnd him or themselves ag-
286
T/ze Statutes at Large of Pennsylvania. [1 7 22
grieved by the judgment given by the said justices, he, [she]
or they may appeal to the next court of quarter-sessions to be
held for the said city or county respectively, who are hereby
empowered and authorized to hear and determine the same,
and whose judgment therein shall be ﬁnal. '
All which said justices of the said city and counties of this
province are hereby authorized and strictly enjoined and re-
quired, upon any complaint or information exhibited and
brought of any such forfeiture made and offenses committed
contrary to this act, to summon the party accused, and upon
his or their appearance or contempt to proceed to examination
of the matter of fact, and upon due proof thereof, either by the
confession of the party or by the oath or afﬁrmation of one or
more credible witnesses, to give judgment or sentence, as be-
fore directed, and to award and issue out warrants under their
hands and seals for the levying of such forfeitures, penalties
and ﬁnes, as by this act is imposed for any such offense com-
mitted, upon the goods and chattels of such offenders, and to
cause sale to be made of the said goods and chattels, if any are
not redeemed within ﬁve days, rendering to the parties the
overplus (if any be), the charges of distress and sale being ﬁrst
deducted; and for want of suﬁcient distress, to imprison the
party offending until satisfaction be made.
[Section XIII] And be it further enacted by the authority
aforesaid, That all and every the constables of the respective
townships or districts in this province shall and are hereby
required, under penalty of ,the forfeiture of twenty shillings for
every refusal or neglect, to return on oath or affirmation into
the court of quarter-sessions in their respective counties the
names and places of abode of all taverners, public house keep-
ers and other persons licensed as aforesaid, in their several
townships or districts, retailing or vending any wine, rum or
other spirits, liable to pay the duty imposed thereon by this act,
and that the collector before named, or his deputy, may and
shall have recourse to the returns of the constables, for the
better collecting the duties, ﬁnes and forfeitures arising on
this act. .
[Section XIV] And be it further enacted, That one-half part
of all the ﬁnes and forfeitures arising by this act shall go to
I7 2 2] The Statutes at Large 0f Pennsylvania.
287
him or them who shall inform or sue for the same, and the resi-
due shall remain in the hands of the provincial treasurer for
the time being, for the uses and purposes hereinafter men-
tioned.
Provided always, That nothing in this act contained shall be
construed to countenance or authorize any person or persons
to sell wine, rum and other spirits within or without doors, or
keep public house, or houses of entertainment, who are not
licensed so to do, pursuant to the laws of this province in such
cases provided.
[Section XV.] And be it further enacted by the authority
aforesaid, That [so much of] the law of this province, made in
the ﬁfth year of His Majesty’s reign, entitled “An act for laying
a duty on wine, rum, brandy and other spirits, retailed in this
province,” 1 as enables the ofﬁcer or ofﬁcers therein appointed
to collect, sue for and receive the duties and forfeitures due,
or to become due during the continuance of the said act, shall
continue and be in full force until all the moneys and for-
feitures due, or to become due, or that shall be forfeited by
force or virtue of the said act, shall be fully paid, satisﬁed and
recovered, according to the true intent and meaning of the
said act.
[Section XVI] And be it further enacted by the authority
aforesaid, That the collector hereinbefore appointed shall
yearly, out of the ﬁrst moneys that shall come to his hands of
the duty or excise hereby imposed, retain and keep the sum of
one hundred pounds as a stock for payment of the bounty of
one penny per pound, agreed to be paid for such merchantable
hemp as shall be raised in this province; and that the residue
of all moneys arising or that hath arisen by virtue of this or
any other or former law of this province, whereby an impost,
duty or excise is laid upon liquors, or any other law whatsoever,
and not otherwise appropriated, shall be paid into the hands
of the provincial treasurer for the time being, who shall retain
ﬁve per cent for his trouble in receiving and paying the same
as the assembly for the time being shall direct and appoint;

1 Passed April 25, 1719, Chapter 239.
238
T/te Statutes at Large efPennsylvania. [I 7 22
and the same shall be by him, his heirs, executors and adminis-
trators paid accordingly, and not otherwise.
Passed May 12, 1722. Expired May 14, 1725, before being con-
sidered by the King in Council. See additional Act passed Marchl
- 30, 1723-24, Chapter 268, and repealed by Act of Assembly passed
December 12, 1723, Chapter 276. For the application of ‘the fund
realized by the Act, see also Chapter 261.

CHAPTER CCLII.

AN ACT TO PREVENT TIH'E ‘EXPORTATION OF FLOUR NOT MERCHANT-
A‘BLE.
[Section 1.] Be it enacted by Sir \Villiam semi, Baronet, '
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
all bolters and bakers within this province shall provide a
brand-mark, which shall be entered on record in the next quar-
ter-sessions-after the publication of this act for the county
where they reside, together with their names and places of
abode; and shall cause the ‘same to be set on every cask of
ﬂour or biscuit by them made and to be made for transporta-
tion, before the same is carried from the place of making, on
the penalty of ﬁve shillings for every cask unmarked as afore-
said; for the recording of which brand-mark, as before directed,
the clerk of the said court shall have and receive of the party’
one shilling, and no more.
[Section IL] And be it further enacted by the authority
aforesaid, That all wheat ﬂour bolted for transportation, which
shall be exported or offered to sale after the ﬁrst day of June
next, shall be made merchantable and of due ﬁneness and hon-
estly and well packed in cask made of seasoned timber, and
weighed with weights tried by and made according to the
standard, without any mixture'of coarser or other ﬂour or any
other thing whatsoever, under the penalty of one shilling for
every cask, to be paid by the maker of such ﬂour. '
I722] The Statutes at Large q/ Pennsylvania.
2.89
[Section 111.] And be it further enacted by the authority
aforesaid, That if any person or persons shall be convicted of
any willful fraud or cheat in packing of any ﬂour or bread, or
of willfully making a fraudulent invoice of the weight thereof,
he shall forfeit and pay for every such offense the sum of ﬁve
' pounds current money of this province.
[Section IV] And be it further enacted by the authority
‘ aforesaid, That Samuel Carpenter, son of Samuel Carpenter,
late of Philadelphia, deceased, shall be and is hereby appointed
the ofﬁcer to put this act into execution, who shall, before he
enters upon the same, be qualiﬁed by oath or afﬁrmation, faith~
fully. to perform his ofﬁce, according to the direction of this act,
without favor or regard to any person whatsoever; and shall,
on the information of any person, or if he suspects any ﬂour
or bread not well or truly made, according to the direction of
this act, try and search the same; which if he ﬁnds defective
and not well and honestly done, as aforesaid, shall forbid to
ship the same.‘ And if any person shall presume to ship or
cause to be shipped any ﬂour or bread after the same is
searched and tried and found defective as aforesaid, all such
ﬂour and bread so shipped shall be forfeited.
Provided always, That if any dispute shall happen to arise
between the said oﬂicer and possessor of such ﬂour, concerning
the ﬁneness or goodness thereof, application being made to
one of the magistrates of the city or county where the said
dispute arises, who shall forthwith issue his warrant to two
indiiferent [judicious] persons of skill and integrity, to view
and search the said ﬂour and to make report [forthwith accord-
ing as they ﬁnd the same. And the said magistrate is hereby
empowered and required to give judgment accordingly. And
in case the said ﬂour is judged not ﬁt to be exported the said
magistrate shall order it not to be exported, under the penalty
aforementioned; and shall [also] award and order the owner
or possessor of the said ﬂour to pay vthe said ofﬁcer one shilling
per cask for all such ﬂour as shall be adjudged not ﬁt for expor-
tation, with reasonable charges; who shall recover the said
costs and charges from the bolter and maker thereof. But in
case the said ﬂour upon trial shall be found to be good and mer-
290
T/ze Statutes at Large of Pennsylvania. [I 722
chantable, according to the direction of this act, the charges of
prosecution shall be paid by the said ofﬁcer. ‘
[Section V.] Provided always, and be it further enacted,
That if any person or persons shall sell, expose to sale, or ship
any ﬂour adjudged not merchantable and ﬁt to be exported as
by the direction of this act, and it be made appear that such
person or persons did not pay the maker or other person the
full market price of good ﬁne ﬂour for the same,‘ then and in
such case all the forfeitures and charges mentioned in this
act to be paid upon ﬂour tried and adjudged not ﬁt for expor-
tation, shall fall upon and be paid by the possessor of such
ﬂour, without any restitution to be made by or from the maker
thereof, anything herein contained to the contrary notwith-
standing. '
[Section VI.] And be it further enacted by the authority
aforesaid, That the said ofﬁcer shall have full power and au
thority by virtue of this act, without any further or other war-
rant, to go and enter on board any ship, sloop or other vessel,
or into any store, or other place whatsoever, where he shall
have cause to suspect there is any ﬂour or bread that-is not
made and branded according to the direction of this act, in
order to try and search the same and prevent the exportation
thereof in manner aforesaid.
And in case any ﬂour shall upon trial be found not merchant-
able or ﬁt to be exported, the ofﬁcer shall take the bolter’s
brand and the mark and. number of such casks of ﬂour. And
if the same ﬂour be afterwards shipped in order for transpor-
tation, and forfeited as aforementioned, the proof that it is not
the same ﬂour shall lie wholly on the owner or possessor
thereof and shall not be incumbent on the said ofﬁcer.
And for the better encouragement of the said ofﬁcer faith-
fully and fully to discharge the said oﬂ‘ice and trust reposed
in him by this act:
[Section VII] Be it enacted by the authority aforesaid,
That a salary or allowance of thirty pounds per annum shall
be paid him out of the public treasury of this province, by
order on the provincial treasurer, under the hand of the Speaker
of the assembly for the time being.
I 72 2] The Statutes at Large of Pennsylvania.
9K
[Section VIII.] And be it further enacted by the authority
aforesaid, That all the said forfeitures and charges mentioned
in this act shall be recovered where the same shall not amount
to forty. shillings, after the same manner as other debts under
forty shillings. And where the same shall exceed forty shil-
lings, they may be sued for and recovered in any court of record
in this province, by bill, plaint or information, wherein no
essoin, protection, or wager of law, nor any more than one im-
parlance shall be allowed. '
And which said forfeitures not before directed how the same
shall be applied, shall be paid to the said oﬁ‘icer, one-half for
the use of the poor, which he is hereby strictly required upon re-
ceipt forthwith to pay to the overseers of the poor of the place
where the said forfeiture shall happen, and that the other half
he may detain to his own use as prosecutor.
And this act shall continue in force three years from [and
after] the publication hereof and no longer.
v ‘Passed May 12,1722. Expired 'May 12, 1725, before being con-
sidered by ltlhe King ‘in Council. See Appendix V, Section I, and
rthe Acts of Assembly, March 30, 1723-24, Chapter 271; March 20,
1724-25, Chapter 282.
CHAPTER CCLIII.

AN ACT FOR ENICO'URAfG‘INlG THE MAKING OF @001) BEER, AND [FOR
THE] CONSUMPTION OlF GRAIN, IN THIS ‘PROV'IN'CE.
Whereas it is found by experience that the using of molasses
and other materials [hereafter mentioned,] in brewing ale and
' beer doth very much hinder the consumption of malt,- and so
the raising of barley is thereby discouraged, therefore may
it please the governor that it may be enacted:
[Section 1.] And be it enacted by sn- William Keith, Baro-
net, Governor of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Prov’
ince in General Assembly met, and by the authority of the
19-n
292.
The Statutes at Large of Pennsylvania. [17 22
same, That if any common brewer, or retailer of beer or ale,
shall, after the ﬁrst day of June next, make use-of‘ any mo»
lasses, coarse sugar, or composition or extract of sugar, honey,
foreign grains, Guinea pepper, or of any liquor or sirup, boiled
up to the consistency of molasses, or any unwholesome mate-
rials or ingredients whatsoever, in the brewing, making or
working of any beer or ale; or if any brewer shall receive and
take into his brewhouse any molasses, coarse sugar, honey or
composition or extract of sugar, every such brewer and retailer
shall forfeit and lose, for every such oﬂense respectively, the
sum of twenty pounds. And every servant of such‘ brewer, and
every other person who shall be aiding and assisting in the
using any molasses, sugar, honey, or any other of the said ma-’
terials or ingredients, in the brewing or working of such ale or
beer, or in carrying or conveying the same into the brewhouse
belonging to such brewer, shall also forfeit and lose, for every
such offense, the sum of twenty pounds; and in default of pay-
ment thereof shall suffer three months’ imprisonment.
[Section IL] And be it further enacted by the authority
aforesaid, That no person or persons whatsoever, after the said
ﬁrst day of June next, shall be admitted or suffered to keep
any common alehouse, inn or tippling house, but such as the
justices of the peace of the respective counties of this province
and city of Philadelphia, for the time being, or the major part
of them, in the open sessions of the peace in the same counties
and city respectively, shall, in their discretion, judge ﬁt, as well
by their character of honest, civil and sober behavior, as the
commodious situation, and conveniency of their houses for such
purposes. ,
But that none be so admitted or licensed before they be
bound, with one or more sufﬁcient securities, by recognizance
to the governor for the time being, in twenty pounds penalty,
with condition, as well against using [any] unlawful games,
as for the using and maintaining of good orderand rule, to be
had and kept ‘within the same. And also that they will not,
directly or indirectly, sell or utter in or about their houses,
or elsewhere, any wine, [brandy,] rum, or other distilled
liquors, mixed or unmixed. And that the principal party
I 722] The Statutes at Large 0f Pennsylvania. ‘
293
which shall be so bound shall pay to the clerk of the court, for
all fees to him relating to the said license, ﬁve shillings; and
to the justices four shillings, for every such license or allow-
ance to keep such inn or alehouse, and no more.
[Section 111.] And be it further enacted, That the said jus-
tices of [the] peace, within the said several counties and city re-
spectively, or a quorum of them, shall have full power, within
the limits of their authority, to remove, discharge and suppress
common selling of ale, beer and wine in taverns, alehouses,
inns and tippling houses, and to cause all disorders in such
houses to be punished by the direction of this act, and hear
and determine the same, by all such ways and means as [by
law] is usual in such cases.
And where the keeper of any inns or alehouses brew their
own beer or ale, a clause shall be added to the condition of their
recognizance, That they will not make use of any molasses,
or other materials or ingredients, hereby forbidden to be used,
. in brewing, making or working any of their beer or ale.
And that from and after the said ﬁrst day of June next, all
common brewers shall, in the open sessions of the peace, within
the city or county where they respectively follow their trades,
become bound to the governor for the time being, with one or
more sufﬁcient sureties, by recognizance, in one hundred
pounds penalty,with condition that they will well and faithfully
observe and obey all that is required of them by this act; for
every which recognizance the party shall pay two shillings [and
six pence,] and no more.
And the said justices shall cause all the said recognizances,
and also the other recognizances to be given by the direction
‘of this act, to be entered of record, in the respective courts
where the same are so taken as aforesaid, there safely to be
kept and remain. And if the justices or their clerks fail
therein, he or they so offending shall forfeit and pay, ror every
recognizance taken and not entered of record, as this act re-
quires, the sum of ﬁve pounds, any other act or law of this
province to the contrary hereof in anywise notwithstanding.
Provided always, That nothing herein contained shall debar
or hinder the justices of the said city and counties to recom-
294
T/ze Statutes at Large 0fPennsylvanz'a. [I 722
mend such as live in ﬁt places, and as they shall deem ﬁt per-
sons to keep taverns for selling wines, brandy, rum, and other
spirits, by retail; but that all such persons so recommended
may be licensed to keep such taverns as heretofore hath
been used, upon their paying the fees formerly allowed for such
recommendations and licenses, and becoming bound, with one
or more sufﬁcient sureties, by recognizances to the governor
for the time being, in one hundred pounds, with condition, as
well against using [of] unlawful games, as for the using and
maintaining of good order and rule, to be had and kept within
the same. . .
[Section IV.] And be it further enacted, That Charles Read,
of Philadelphia, merchant, shall be and is hereby appointed
the ofﬁcer to put this act into execution, and to sue for and
recover the penalties or forfeitures arising for not observing
of this act, which forfeitures, when recovered, shall be equally
divided between the governor and the said ofﬁcer.
And as the true design of this act [is] (amongst other things)
to encourage the raising of wheat and barley for the brewing
trade, so it is expected that brewers may take special care to
bring their beer and ale to the goodness and perfection, which
the same was formerly brought to, that so the reputation
which then was obtained (and is since lost), may be retrieved.
[Section V.] Be it further enacted by the authority afore-
said, That the justices of the peace of the respective counties,
and the mayor, recorder and aldermen of the city of ‘Philadel-
phia, when they set prices upon beer and ale, pursuant to a law
of this province, shall allow higher prices than common to be
taken for such beer and ale as, by the judgment of persons
skilled therein, shall exceed in quality and goodness any law
or ordinance to the contrary notwithstanding.
But to prevent the ill designs of brewers, retailers, victual—
ers and butchers, who combine to advance the prices of [the]
grain and provisions they respectively buy, beyond a due pro-
portion of the rates they give: - .
[Section VI.] Be it enacted by ‘we authority aforesaid, That
all the laws and statutes of that part of Great Britain called
England, shall be put into execution against all such combina-
I 72 2] The Statutes at Large 0f Pennsylvania. 295 _
tions and evil practices, so that such oﬂenders shall be brought
to the like punishments, and incur the same penalties, as those
laws and statutes direct and appoint for offenders in like cases.
‘Passed May 12, 1722. Apparently never considered by the Crown,
but allowed to become a law by lapse of time in accordance with
the proprietary charter. See Appendix V, Section I, and the Act
of Assembly passed March 30, 1723-24, Chapter 272. Repealed by
Act passed March 20, 1810, P. L. 188.

CHAPTER CCLIV.

A SUPPLEMENTARY ACT TO THE ACT FOR THE MORE EFFECTUAL
RAISING OF COUNTY RATES AND LEVIES.
Whereas by an act of assembly of this province entitled “An
act for the more effectual raising of county rates and levies,” 1
divers persons are therein named and appointed commissioners
for the ends and purposes in the said act mentioned. But for-
asmuch as the ends and purposes thereof may be fully answered
by a less number of commissioners, and thereby the inhabit-
ants of this province may be eased of some unnecessary
charges:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
from and after the thirtieth day of September next, the three
eldest commissioners for the county of Philadelphia, and the
two ﬁrst-named commissioners in the county of Chester, and
the ﬁrst commissioner named in the county of Bucks, shall cease
to act as commissioners by virtue of the said act, anything
therein contained to the contrary notwithstanding.
[Section 11.] And be it further enacted by the authority
aforesaid, That hereafter the freeholders and inhabitants of
the respective counties of Philadelphia, Chester and Bucks, who
are qualiﬁed by the laws of this province to elect or be elected

1Passed February 22, 1717-18, Chapter 231.
296
The Statutes at Large of Pennsylvania. [I 7 22
members of assembly, at the time and place by the laws
aforesaid appointed for elections, shall choose one person to be
a commissioner in the room and stead of those removed by this
act; which person so chosen, together with the commissioners
not removed by this act, shall and are hereby declared to have
all and every the powers and authorities given to the commis-
sioners in the said act named by virtue of the said act.
[Section III.] And be it further enacted by the authority
aforesaid, That the inhabitants and freeholders aforesaid, after
the next election is made for such commissioner, as aforesaid,
in the respective counties aforesaid, shall and may yearly and
every year, at the time and place aforesaid, choose one commis-
sioner in the room or stead of the then eldest or ﬁrst-named
commissioner; which eldest or ﬁrst named commissioner shall,
upon such election, cease to be a commissioner by virtue of the
said act. And so annually the eldest or ﬁrst-named commis-
sioner shall cease, and one new commissioner shall be elected
and added to the rest of the commissioners. And that any two
of the said commissioners, in and for the respective counties
aforesaid, shall have all and every the powers in the said act
mentioned.
Provided always, That if the inhabitants aforesaid of the re-
spective counties aforesaid, or any of them, shall neglect or
refuse to choose a commissioner, as aforesaid, then the former
commissioners, in such county or countiesso neglecting. or re-
fusing to elect as aforesaid, shall stand and have all the powers
and authorities in the said act mentioned until such election
be made as aforesaid.
Provided also, That upon any rate or levy to be raised by
virtue of the said [or any other] act of one penny per pound,
no more than three shillings per head be laid on single persons
for poor rates and county levies.
[Section IV.] And be it further enacted by the authority
aforesaid, That as well the commissioner to be elected by virtue
of this act as the persons to be elected members to serve in
assembly, and also the sheriﬁs, coroners and assessors of the re-
spective counties of this province, shall be elected at the time
and respective places by the laws of this province appointed for
I 722] The Statntes at Large of Pennsylvania.
297
the elections in manner following, viz., all and every person
. and persons who by virtue of the laws aforesaid are empowered
to vote in such elections shall deliver in writing to the judges
‘of those elections respectively, in one piece of paper, the names
of eight persons for whom they vote to serve in assembly, and
in one other piece of paper, the names of one person for commis-
sioner and six persons for assessors, as aforesaid; and in like
manner upon one other paper, the names of two persons for
sheriffs and two for coroners, as usual. And that the commis-
sioners aforesaid shall be returned by indenture made be-
tween the sheriff and six more of the electors, and returned
into the next court of quarter-sessions after such election to
be held for the said respective counties; which court of quar-
ter-sessions shall qualify such commissioners, by oath or af-
ﬁrmation, well and truly to perform the office and duty incum~
bent on him by virtue of the said act. And that return of all
and every the other elections aforesaid shall be made in manner
and form as by the laws of the said province the same are ap-
pointed to be returned respectively.
Provided, That nothing in this act contained shall be
deemed, construed or taken to repeal, alter or make void the
hereinbefore recited act, or any other act or law of this prov-
ince, or any part thereof; but that the same, and every part
thereof (except what is herein and hereby expressly altered or
annulled) shall remain, continue and be in full force and virtue;
and the said act “for the more eﬁectual raising of county rates
and levies,” and every part thereof (except before except-ed) is
hereby ratiﬁed and conﬁrmed to all intents and purposes what-
soever. '
Passed May 12, 1722. Repealed by Act ‘of Assembly passed March
20, 1724-25, Chapter 284, before being considered by the Crown.
See Appendix V, Section I.
298
Tne Statutes at Large of Pennsylvania. [1 72 2
. CHAPTER CCLV.

AN ACT FOR ESTABLISHING lCOURTS OF JIUIDIICA’D‘URE IN THIS
‘PRJOVIN'C'E.
Whereas the late King Charles the Second, by his royal
charter and grant to William Penn, Esquire, of that tract of
land called Pennsylvania, and for erecting the same into a prov-
ince, did, for himself, his heirs and successors, grant free, full
and absolute power to the said William Penn, and his heirs,
and to his and their deputies and lieutenants, for the good and
happy. government of the said country, by and with the advice,
assent and approbation of the freemen of the said country, or of
the greater part of them, or of their delegates or deputies, in as-
sembly, when and as often as need should require, to ordain,
make and enact any laws whatsoever for the public state, peace
and safety of the said country, or unto the private utility of par-
ticular persons, unto their best discretion; and likewise to do all
and everything and things which unto the complete establish-
ment of justice, unto courts and tribunals, forms of judicature,
and manner of proceedings do belong. And, by judges, by the
said William Penn, his heirs, their deputies and lieutenants, ap-
pointed, to award process, hold pleas, and determine in all the
said courts and tribunals all actions, suits and causes what-
soever, as well criminal as civil, personal, real and mixed. Pro-
vided the said laws so made and published be consonant to
reason, and not repugnant or contrary, but as near ‘as con—
venient may be agreeable to the laws, statutes and rights of the
kingdom of England; saving and reserving to the said King
Charles, his heirs and successors, the receiving, hearing and
determining of the appeal and appeals of all or any person or
persons, touching any judgment to be there made or given:
And whereas, by virtue and in pursuance of the said grant,
divers acts and ordinances have been made, from time to time,
for the holding of courts, and the administration of justice with-
in this province, which, by the increase of inhabitants and
I 72 2] The Statutes at Large of Pennsylvania.
299
change of circumstances of the country, seem necessary to be
altered and amended: '
[Section 1.] Be it therefore enacted by Sir William Keith,
Baronet, Governor of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That there shall be a court styled the general quarter-sessions
of the peace and gaol delivery, holden and kept four times
in every year in each county of this province, viz., at Philadel-
phia, for the county of Philadelphia, on the ﬁrst second day of
the week, called Monday, in the months called March, June,
September and December; at Bristol, for the county of Bucks,
on the eleventh day following (inclusive) in every of the same
months; and at Chester, for the county of Chester, on the last
third day of the week, called Tuesday, in the months called
May, August, November and February.
And that there shall be a competent number of justices in
every of the said counties, nominated and. authorized by the
governor or lieutenant-governor for the time being, by commis-
sion, under the broad seal of this province; which said justices,
or any three of them, shall and may hold the said general ses-
sions of the peace and gaol delivery according to law,‘ and as
fully and eﬂectually as any justice of the peace, justices of the
assize, justices‘ of oyer and terminer, or of gaol delivery, may
or can do. _
[Section 11.] And be it further enacted, That the said justices
of the peace, or any three of them may, pursuant to their said
commissions, hold special and private sessions, when and as
often as occasion shall require; and that the said justices, and
every of them, shall have full power and authority, in or out of
I sessions, to take all manner of recognizances and obligations,
as any justices of the peace of Great Britain may, can, or usu-
ally do; all which said recognizances and obligations shall be
made to the King [and] his successors. And all recognizances
for the peace, behavior, or for appearance, which shall be taken
by any of the said justices out of sessions, shall be certiﬁed into
their said general sessions of the peace, to be holden next after
the taking thereof. And every recognizance taken before any
19*-—II
OO
T/ze Statutes at Large of Pennsylvania. [1 722
of them, for suspicions of any manner of felony, or other crime,
not triable in the said court of quarter-sessions of the peace
and gaol delivery, shall be certiﬁed before the said justices of
the supreme court of oyer and terminer, at their next succeed-
ing court, to be holden next after the taking tli’ereof, without
concealment, detaining or embezzling of the same. But in
case any person or persons shall forfeit his or their recogni-
zances of the peace, behavior or appearance, for any cause
whatsoever, then the said recognizance so forfeited, with the
record of the default, or cause of forfeiture, shall be sent and
certiﬁed without delay, by the justices of the peace, into the
said supreme court, as the case may require, that thence pro-
cess may issue against the said parties, according to law. All
which forfeitures shall be levied by the proper ofﬁcers, and go
to the governor for support of government.
[Section III.] And be it further enacted, That all ﬁnes and
amercements which shall be laid before the justices of the said
courts of general quarter-sessions of the peace and gaol de-
livery, shall be taxed, affeered, and set duly and truly, ac-
cording to the quality of the offense, without partiality or affec—
tion, and shall be yearly estreated by the clerks of the said
courts vrespectively into the said supreme court, to the intent
.that process may be awarded to the sheriff of every county, as
the case may require, for levying such of their ﬁnes and
amercements as shall be unpaid, to the uses for which they are
or shall be appropriated. “
Provided always, That the said courts of the general quar-
ter-sessions of the peace may be kept and continued for the
space of three days in the county of Philadelphia, at any of the
times hereinbefore appointed to hold and keep the same courts
and sessions there; and for the space of two days in either
of the said counties of Bucks and Chester respectively, at any
of the said times hereinbefore appointed to hold and keep the
said courts and sessions there, in manner aforesaid.
Provided also, That nothing herein contained shall deprive
or abridge the mayor, recorder and aldermen, of the city of
Philadelphia, of any powers, privileges, jurisdictions or fran-
chises, granted them by charter-or the laws of this province.
I 722] The Statutes at Large 0f Pennsylvan
30!
And to the end that persons indicted or outlawed for felonies,
or other oﬁenses, in one county or town corporate, who dwell,
remove. or be received in[to] another county or town corporate,
may be brought to justice:
[Section IV.] Be it further enacted, That the said justices,
or any of them, shall and may direct their writs or precepts
to all or any the sheriffs or other ofﬁcers- of the said counties or
towns corporate within this province, where need shall be, to
take such persons indicted or outlawed. And that it shall and
may be lawful to and for the said justices, and every of them,
to issue forth subpoenas and other warrants, under their re-
spective hands and seal of the county, into any county or place
of this province, for summoning or bringing any person or per-
sons to give evidence in and upon any matter or cause whatso-
ever, now or hereafter examinable, or in anyways triable by or
before them, or any of them, under such pains and penalties as
subpoenas, or warrants of that kind usually are or ought by law
to be granted or awarded.
[Section V.] And be it further enacted by the authority afore-
said, That if any person or persons shall ﬁnd him or themselves
aggrieved with the judgment of any of the said courts of gen-
eral quarter-sessions of the peace and gaol delivery, or any
other courts of record within this province, it shall and may be
lawful to and for the party or parties so aggrieved to have his
or their writ or writs of error, which shall be granted them of
course, in manner as other writs of error are to be granted, and
made returnable to the said supreme court of this province.
Provided always, That when any writ of error shall be grant-
ed upon any judgment given or to be given for the said city
of Philadelphia, the mayor, recorder and aldermen of the said
city of Philadelphia, and their successors, or any of them, shall
not be compelled upon any of the said writs, or any other writ
or writs directed to them or any of them, to remove, send or
certify into the said supreme court, or elsewhere, any of the in-
dictments or presentments taken or to be taken before them,
or the record of the judgments and proceedings upon [any] such
indictments or presentments, but only the tenors or transcripts
of the said‘ records under their common seal. And after such
302
The Statutes at Large of Pennsylvania. [17282
judgments are‘ reversed or affirmed, or causes lawfully removed
from the said city courts are tried in the said supreme courts,
it shall and may be lawful for the mayor, recorder and alder-
men, and their successors, to proceed to execution or otherwise,
as shall appertain according to law.
[Section V I.] And be it further enacted by the authority afore-
said, That there shall be holden and kept at Philadelphia a
court of record twice in every year: (That is to say) on the
twenty-fourth day of September and the tenth day of April,
if the same days, or either, do not happen to be the First day of
the week, and in such case the said court shall be held on the
next day following; which said court shall be called and styled
the supreme court of Pennsylvania. And that there shall be
three persons of known integrity and ability, commissionated
by the governor, or his lieutenant for the time being, by several
distinct patents or commissions, under the great seal of this
province, to be judges of the said court, one of whom shall be
distinguished in his commission by the name of chief-justice.
And every of the said justices shall have full power and author-
ity, by virtue of this act, when and as often as there may be oc-
casion, to issue forth writs of habeas corpus, certz'orarz' and
writs of error, and all remedial and other writs and process, re-
turnable to the said court, and grantable by the said judges by
virtue of their ofﬁce, in pursuance of the powers and authorities
hereby given them.
Provided always, That upon [any] issue joined in the said su—
preme court, such issue shall be tried in the county from
whence the cause was removed, before the judges aforesaid,
or any two of them, who are hereby empowered and required,
if occasion require, to go the circuit twice in every year, into the-
respective counties of Chester and Bucks, to try such issues in
fact as shall be depending in the said supreme court, and re-
moved out of either of the counties aforesaid: (That is to say)
in the county of Bucks on the fourteenth day of April and
the twenty-eighth day of September, and in the county of
Chester on the eighteenth day of April and the second day
of October, in every year; when and where they may try
all issues, joined or to be joined, in the same superior
1 72 2] The Statutes at Large of Pennsylvania.
303
court, and to do generally all those things that shall be neces-
sary for the trial of any issue, as fully as justices of ni'si prizes
in England may or can do.
'And that the said judges, or any two of them, shall have full
power to hold the said court, and therein to hear and determine
all causes, matters and things, cognizable in the said court,
and also to hear and determine all and all manner of pleas,
plaints and causes, which‘ shall be removed or brought there
from the respective [general] quarter-sessions of the peace and
courts of common pleas, to be held for the respective counties of
Philadelphia, Chester and Bucks, as also for the city of Phila-
delphia, or from any other court of this province, by virtue of
any of the said writs. And to examine and correct all and all
manner of errors of the justices and magistrates of this prov-
ince, in their judgments, process and proceedings in the said
courts, as well as in all pleas of the Crown, as in all pleas real,
personal and mixed; and thereupon to reverse or afﬁrm the
said judgments, as the law doth or shall direct. And also to
examine, correct and punish the contempts, omissions and neg-
lects, favors, corruptions and defaults, of all or any of the
justices of the peace, sheriﬁs, coroners, clerks and other ofﬁ-
cers within the said respective co‘unties. And also shall award
process for levying, as well of such ﬁnes, forfeitures and amerce'
ments, as shall be estreated into the said supreme court, as of
the ﬁnes, forfeitures and amercements, which shall be lost,
taxed and set there, and not paid to the uses they are or shall
be appropriated. _
And generally shall minister justice to all persons, and exer-
cise the jurisdictions and powers hereby granted concerning all
and singular the premises according to law, as fully and amply,
to all intents and purposes whatsoever, as the justices of the
court of King’s Bench, common pleas and exchequer at West-
minster, or any of'them, may or can do.
Saving to all and every person and persons, his, her or their
I heirs, executors and administrators, their right of appeal from
the ﬁnal sentence, judgment or decree of any court within this
province, to His Majesty in council, or to such court or courts,
judge or judges, as by our Sovereign Lord the King, his heirs or
304
T/ze Statutes at Large of Pennsylvania. I [1722
successors, shall be appointed in Britain, to receive, hear and
judge of appeals from His Majesty’s plantations.
Provided, The person appealing shall, upon entering his‘ ap-
peal in the court where the sentence, judgment or decree 'shall
be given in this province, pay all the costs before that time
expended in the prosecution, or defending the said suit; and
shall further enter into bond, with two good and sulﬁcient se-
curities in the sum of three hundred pounds, to the defendant
in the appeal, conditioned to prosecute the said appeal with
effect within the space of eighteen months afterthe entry of such
appeal, and to satisfy the judgment of the court from which he
appeals; and further, to pay all such costs and damages as
shall be adjudged to him to pay, in case a sentence, judgment or-
decree, pass against the said appellant, or in case he, she or they
fail to prosecute their appeal with ‘effect.
And that there shall be a ﬁt person nominated by the judges,
and commissionated by the governor to be prothonotary or
clerk of the saidsupreme court, who shall keep and duly at-
tend his ofﬁce at some convenient place in the city of Philadel-
phia, and may be suspended, punished or removed by the said
court for misdemeanors in his ofﬁce.
[Section VII.] And be it further enacted, That all the said
writs shall be granted of course, and made in the name and
style of the King, his heirs and successors, and shall bear teste
in the name of the chief-justice for the time being; but if he
be plaintiff or defendant, in the name of one of the other jus-
tices, and shall be sealed with the judicial seal of the said court,
and made returnable to the next court after the date of such
writs. _
Provided always, That none of the judges of the said su-
preme or provincial court shall sit judicially in any of the said
courts of common pleas, quarter-sessions, or any other inferior
court in this province. ~ .
[Section VIII.] And be it further enacted by the authority
aforesaid, That the said judges of the supreme court shall
have power and are hereby authorized and empowered, from
time to time, to deliver the gaols of all persons which now are
or hereafter shall be committed for treasons, murders, and such
I 722] The Statutes at Large of Pennsylvania.
305
other crimes as (by the laws of this province) now are or here-
after shall be made capital or felonies of death as aforesaid.
And for that end from time to time to issue forth such neces-
sary precepts and process, and force obedience thereto, as jus--
tices of assize, justices of oyer and terminer, and of gaol de-
livery, may or can do in the realm of Great Britain.
And also, That all manner of oﬁenses already made or de-
clared or hereafter to be made or declared to be capital or feel-
onies of death, by any law or act of assembly of this province,
and done, perpetrated or committed, or hereafter to be done,
perpetrated or committed, by any person or persons within the
bounds and limits of the same province, and without the certain
and known bounds and limits of any of the counties now or
hereafter erected in the said province, shall be from henceforth
inquired of and determined, before the said judges, by
good and lawful men of the city and county of Philadelphia, in
like manner and form, to all intents and purposes, as if the
said offenses and felonies of death had been done, perpetrated
and committed within the said city or county of Philadelphia.
Provided always, That the fees due to the judges and ofﬁcers
of the said court, for hearing and determining any of the said
capital offenses for anything done there, shall be double the '
fees usually taken in the general quarter-sessions held in any
of the said counties in this province, anything herein or in
any other law to the contrary notwithstanding.
[Section IX.] And be it further enacted by the authority
aforesaid, That a competent number of persons shall be com-
missionated by the governor or his lieutenant, under the broad
seal of this province, who shall hold and keep a court of record
in every ‘county, which shall be styled and called the county
court of common pleas, and shall be holden four times in
every year at the places where the general quarter-sessions
shall be respectively kept, viz., at Philadelphia, for the county
and city of Philadelphia, on the day called the ﬁrst Wednesday
after the day appointed for the quarter-sessions to begin on
there, in the months called March, June, September and Decem-
ber; at Bristol, for the county of Bucks, on the eleventh day
following (inclusive); and at Chester, for the county of Ohes-
306
T/ze Statutes at Large 0 Pennsylvania. [1 72 2
ter, on the day called the last Tuesday in the months called
May, August, November and February: which said justices,
or any three of them (according to the tenor and direction of
their commissions), shall hold pleas of assizes,.scire facias, re-
plevins, and hear and determine all and all manner of pleas,
actions, suits and causes, civil, personal, real and mixed, ac-
cording to the laws and constitutions of this province.
[Section X.] And be it further enacted by the authority afore-
said, That every of the said justices shall and are hereby em-
powered to grant, under the seal of the respective counties,
replevins, writs of partition, writs of view, and all other writs
and process upon the said pleas and actions, cognizable in the
said respective courts, as occasion may require.
[Section XI.] And be it further enacted, That the said jus- -
tices of the said respective courts shall and are hereby em-
powered to issue forth subpoenas under their respective hands
and seal of the counties into any court or place of this prov-
ince, for summoning or bringing any person or persons to give
evidence in or upon the trial of any matter or cause whatso-
ever depending before them, or any of them, under such pains
and penalties as, by the rules of the common law and course
and practice of the King’s courts at WVestminster, are usually
appointed.
[Section XIL] And be it further enacted, That upon any
judgment obtained in any of the said courts of this province, and
execution returned by the sheriff or coroner of the proper coun-
ty where such judgment was obtained, that the party is not to
be found, or hath no lands or tenements, goods or chattels, in
that county, and thereupon it is testiﬁed, that the party skulks,
or lies hid, or hath lands, tenements, goods or chattels in an-
other county of this province, it shall and may be lawful to and
for the court that issued out such execution, to grant, and
they are hereby required to grant an alias execution, with a
testatum, directed to the sheriff or coroner of the county or
place where such person lies hid, or where his lands or effects
are, commanding him to execute the same according to the
tenor of such writ or writs, and make return thereof to the
court of common pleas where sucn recovery is had or judgment
I722] The Statutes ‘at Large of Pennsylvania.
given. And if the sheriff or coroner (to whom such writ or
Writs shall be directed) shall refuse or neglect to execute and
return the same accordingly, he shall be amerced in the court
where he ought to return it, and be liable to the action of the
party grieved. And the said amercements shall be truly and
duly set, according to the quality of the oﬂense, and estreated
by the prothonotaries of the respective courts of common pleas
of this province into the next succeeding supreme [or provin-
cial] court in course, that thence process may issue out against
the offenders for levying of such ﬁnes and amercements as shall
be unpaid, to the uses for which they are or shall be appro-
priated. '
[Section XIIL] And be it further enacted bythe authority
aforesaid, That if any defendant or defendants in any suit or
action, by reason of his'or their sudden departure out of this
province, shall require a more speedy determination in such
action or suit than can be obtained by the common or ordinary
rules of procedure in any of the said courts of common pleas
.in this province, the said justices, upon application to them
made, shall grant to such defendant or defendants special
courts, and shall proceed to hear and determine the premises,
according to the course and practice of the said courts of com-
mon pleas, and for the usual fees therein taken.
‘Provided always, That before the said justices shall grant
such special court, or proceed to hear and determine the prem-
ises, the defendant shall give bail to the plaintiff’s action by
recognizance, according to the course and practice of the said
court of common pleas.
And to prevent the excessive charges that have of late
arisen upon executing writs of inquiry of damages:
[Section XIV.] Be it enacted, That the justices who give
any interlocutory judgment shall (at the motion of the plain-
tiff or his attorney in the action where such judgment is given)
‘make an order, in the nature of a writ of inquiry, to charge
the jury attending at the same or next court, after such judg-
ment is given, to inquire of the damages and costs sustained
by the plaintiff in such action; which inquiry shall be made,
and evidence given in open court; and after the inquest con-
20——-II
- 308
The Statutes at Large 0f Pennsylvama [I 722
sider thereof, they shall forthwith return their inquisition
under their hands and seals; whereupon the court may pro-
ceed to judgment, as upon inquisitions of that kind returned
by the sheriﬁ.
[Section XV.] And be it further enacted by the authority
aforesaid, That there-may be a competent number of persons
of an honest disposition, and learned in the law, admitted by
the justices of the said respective courts, to practice as attor-
neys there; who shall behave themselves justly and faithfully
in their practice. And if they misbehave themselves therein,
they shall suffer such penalties and suspensions as attorneys
at law in Great Britain are liable to in such cases; by which
attorneys actions may be entered and writs, process, declara-
tions and other pleadings and records, in all such actions and
suits, as they shall respectively be concerned to prosecute or.
defend from time to time, may be drawn, and with their names
and proper hands signed; which said attorneys so admitted
may practice in all the courts of this province, without any fur-
ther or other license or admittance. And that the attorney for
the plaintiff in every action shall ﬁle his warrant of attorney-
in the prothonotary’s ofﬁce the same court he declares. And
the attorney for the defendant shall ﬁle his warrant of attor-
ney the same court he appears. And if they neglect so to do,-
they shall have no fee allowed them in the bill or. costs, nor be
suffered to speak in the cause, until they ﬁle their warrants
respectively.
Passed May 22, 1722. Apparently never considered by the
Crown, but allowed to become a law by lapse of time in accordance
with the proprietary charter. ‘See Appendix V. Section I, and the
Acts of Assembly passed March 2, 1723-24, Chapter 263; March 30,
1723-24, Chapter 270; March 20, 1724-25, Chapter 285; August 27,
1727, Chapter 298; May 10, 1729, Chapter 306; February 14, 1729-30,
Chapter 315; November 27, 1731, Chapter 327; August 19, 1749,
Chapter 377; (the two acts of) January 27, 1749-50, Chapters 380,
384; (the two ‘acts of) March 11, 1752, ‘Chapters 392, 393; (the two
acts of) August 22, 1752, Chapters 398, 399; September 29, 1759,
‘Chapter 450; March 4, 1763, Chapter 494; Marsh 23, 1764, ‘Chapter
510; February 21, 1767, Chapter 556; May 20, 1767, Chapter 560;
March 9, 1771, Chapter 629; (the flour acts of) March 21, 1772, Chap-
rters 644, 645, 654, 669; February 26, 1773, Chapter 678; January 22,
1774, Chapter 693; also the Constitution bf 1776; also the acts of
Assembly passed January 28, 1777, Chapter 737; February 5, 1777,
Chapter 739; March 21, 1777, Chapter 754; {December 20, 1777, Chap-
I I 72 2] The Statntes at Large of Pennsylvania.
309
ter 769; (the two acts of) January 2, 1778, Chapters 776, 777; March
6,1778,Chapiter 784;Marc{h 23,1778, Chapter 789; April 1, 1778, Chap—
ter 798; August 19, 1778, Chapter 801; August 31, 1778, Chapter 805;
September 9, 1778, Chapter 8511; April 3, 1779, Chapter 837; February
28, 1780, Chapter 879; March 8, 1780, Chapter 887; March 18, 1780,
Chapter 899; September 22, 1780, Chapter 915; March 28, 1781, Chap-
ter 931; April 3, 1781, Chapter 935; April 10, 1781, Chapter 942;
April 10, 1782, Chapter 966; April 15, 1782, Chapter 982; March 21,
1783, Chapter 1023; September 26, 1783, ‘Chapter 1056; December
9, 1783, Chapter 1062; Marc-h 27, 1784, Chapter 1088; March 31, 1784,
Chapter 1093; September 9, 1784, Chapter 1107; February 8, 1785,
Chapter 1126; (the two acts of) February 18, 1785, Chapters 1132,
1133; March 4, 1785, Chapter 1136; March 19, 1785, Chapter 1138;
March 25, 1785, Chapter 1142; March 26, 1785, Chapter 1145; April 5,
1785, Chapter 1161; ‘April 8, 1785, Chapter 1163; September 16,
1785, Chapter 1183; September 19, 1785, Chapter 1187; March 4, 1786,
Chapter 1205; March 28, 1786, Chapter 1221; (the two acts of) Sep-
tember 25, 1786, Chapters 1244, 1246; (the two acts of) February 28,
1787, Chapters 1261, 1263; March 15, 1787, Chapter 1275; March 28,
1787, Chapter 1281; September 20, 1787, Chapter 1311; (the two acts
of) September 29, 1787, Chapters 1316, 1322; February 27, 1788,
Chapter 1329; September 24, 1788, Chapter 1359; March 11, 1789,
Chapter 1394; (the three acts of) March 27, 1789, Chapters 1411,
1412, 1413; September 7, 1789, Chapter 1427; September 17, 1789,
Chapter 1435; September 19, 1789, Chapter 1436; September 26, 1789,
Chapter 1443; September 28, 1789, Chapter 1445; December 5, 1789,
Chapter 1472; December 7, 1789, Chapter 1474; March 27, 1790, Chap-
ter 1496; April 8, 1791, Chapter 1555; for repeal of sections 1, 2, 3, 4.
6, 8, 9, 10 and 19 by wet passed March 31, 1860, P. L. 427. See also
the Act of Assembly passed March 27, 1712-13, Chapter 197 and note
thereto for the organization of Orphans’ courts; and the Act of
Assembly passed May 31, 1718, Chapter 236 and note thereto for cer-
tain powers and duties of the courts in relation to crimes and
criminal procedure; the articles of confederation and constitution
of the United States and the acts of Congress relating to admiralty
jurisdiction.
For the reorganization of the courts after the revolution see
constitution of 1790 and Act of Assembly passed April 13, 1791,
Chapter 1575, and for legislation subsequent to Chapter 1575, see
note to that chapter.
Note—This act was held to have been supplied (Bradford’s Laws,
1728, p. 206) by the act of August 27, 1727, Chapter 298. In repeal-
ing the latter, in 1731; the crown seems to (have overlooked the fact
that its action revived this act; and although it became dormant
three months before the time limited by the charter for its con-
sideration had expired, the question of the crown’s power to act
upon it does not seem to have ever been raised.
310.
The Statutes at Large of Pennsylvania. [1 722
CHAPTER CCLVI.
--_._a-__
AN ACT TO PROI-ILBIT THE SELLING OF RUM AND OTHER STRONG
LI'QUORS TO THE INDIANS, ‘AND TO PREVENT AiBlU-SES THAT MAY
HAPPEN THEREBY.
Whereas the peaceable, wise and prudent measures which
the late Honorable William Penn, Esquire, our most worthy
proprietor, took with the native Indians,,at his ﬁrst coming
into and settling of this province, have been, under God, the
happy foundation and ground-work of the tranquillity and per-
fect good understanding hitherto preserved between the Eng-
lish inhabitants of this colony and their native Indians:
And whereas the misunderstandings and fatal breaches
which have lately happened in some of the neighboring col-
onies, between the English and the adjacent Indian nations,
are well known to have proceeded from the irregularities and
abuses committed by those who travel into the woods in order
to trade promiscuously with the Indians as they return from
hunting, whereby they have opportunity, ﬁrst, to debauch the
natives with great quantities of rum and strong spirits, and
then cheat them of their peltry:
For the prevention of which evil and wicked practices for
the future:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province, in
General Assembly met, and by the authority of the same, That
no person whatsoever, otherwise than is hereinafter declared,
shall sell, barter or give to any Indian or Indians or to any other
person for their use, nor by any means directly or indirectly
furnish or cause to be furnished, any Indian or Indians with
any rum, wine, or other strong liquors, mixed or unmixed,
under the penalty of twenty pounds for each offense, one-half
to the governor for the support of government, and the other
half to the informer, or such person or persons as will sue for
I 72 2] The Statutes at Large of Pennsylvania.
3 IE I
the same; to be recovered in any court of record within this
province, by action of debt, bill, plaint or information, wherein
no essoin, protection or wager of law shall be allowed to'the
defendant.
[Section II.] And be it further enacted by the authority
aforesaid, In case any rum, or other spirits, above the quantity
of one gallon, be carried amongst the Indians at their towns,
or beyond the Christian inhabitants, the person carrying the
same, or he in whose possession the same shall be found, shall -
forfeit and pay the sum of twenty pounds, to the uses afore-
said, to be recovered in manner aforesaid.
Provided always, That the governor and council, or persons
by them authorized and appointed to hold treaties with any
nation of Indians, may, at such treaties, give any reasonable
quantity of rum, as by them shall be thought necessary, any—
thing herein contained to the contrary notwithstanding.
[Section 111.] And be it further enacted, That no person or
persons whatsoever, after the ﬁfth day of August next, under
penalty of twenty pounds, to be recovered in manner and for
the uses aforesaid, shall trade or traiﬁc with any Indian for any
commodity whatsoever, but at their own dwelling houses and
place of residence with their families, within some settled
township of this province, without being ﬁrst recommended
tothe governor for his license, by the justices ‘of the county
courts of quarter-sessions where he resides, or the next quar-
ter-sessions within this province to the place of such residence.
And that no person shall be so licensed without ﬁrst giving
bond in the said quarter-sessions, with one or more substan-
tial freeholders of the same county, to be bound with them
in the sum of one hundred pounds, conditioned that he will
duly observe the laws of this province for regulating the trade
with the Indians, which recommendations and licenses shall
be renewed annually, in the manner before directed; and shall
further, by his oath or afﬁrmation, oblige himself that he will
not, directly or indirectly, sell or dispose of any rum or other
spirits, mixed or unmixed, to any Indian whatsoever. For
which license he shall pay the sum of thirty shillings, and no
a more.
3,12
T he Statutes at Large of Pennsylvania. [1 722
[Section IV.] And be it further enacted by the authority
aforesaid, That if any person, convicted for any offense com-
mitted against this act, have not goods and chattels sufﬁcient
to pay the ﬁne or forfeiture in which he shall be condemned,
the justices or judges before whom such conviction is had shall,
at the request of the informer or prosecutor, grant to him a
certiﬁcate of the time and place of such conviction, and of such
person being the informer or prosecutor; which certiﬁcate
- shall be directed to the provincial treasurer, upon sight
whereof the said treasurer shall and is hereby required to pay
to such person, his executors, administrators or assigns, the
sum of ﬁve pounds. And the person convicted for want of
estate to pay the ﬁne and cost of his prosecution shall be com-
mitted to the public gaol of the county, or house of correction,
there to continue at hard labor for the space of six months,
without bail or mainprise.
Provided always, That nothing herein contained shall be
deemed or taken to prevent any inhabitant of this province
from giving unto any Indian, at his dwelling house or habita~
tion, any quantity of rum or other spirits not exceeding one-
sixteenth part of a quart at one time, and that not oftener than
once in twelve hours.
And because the good intent of this act shall not befrus-
trated by the secret and clandestine practices of persons for the
sake of private advantage:
[Section V.] Be it further enacted by the authority afore-
said, That from and after the ﬁrst day of August next it shall
and may be lawful for the mayor or recorder of the city of Phil-
adelphia, or any two justices of the peace of this province, as
often as they shall think ﬁt, to send for any person or persons
whatsoever, whom they shall suspect to offend against this act,
and severely to reprimand such person or persons for having
given any cause, by their conduct or behavior with and towards
any Indians, for such suspicion. But if the said ‘mayor or re-
corder, or any two justices of the peace, shall again suspect
the same parties a second time for having offended against the
intent or tenor of this act, then it shall and may be lawful for
the said mayor and recorder, or any two justices of the peace,
l 72 2] The Statutes at Large’ of Pennsylvania.
3'3
to administer to such person or persons, so suspected an oath
or afﬁrmation that he hath not, directly nor indirectly, by him-
Self, nor any other for him, after the said ﬁrst day of August,
given, sold, or otherwise disposed of any rum, spirits, wine, or
other strong liquors, mixed or unmixed, to any Indian or In-
dians, or to-any other person or persons whatsoever, for them
' or any of them, contrary to the true intent and meaning of this
act. And every such person or persons, so suspected as afore-
said, not appearing upon summons duly served, or appearing
and refusing to take the aforesaid oath or afﬁrmation, shall
forfeit the sum of thirty-nine shillings, or undergo imprison-
ment for the space of three months, the forfeiture to be divided
and disposed of in manner aforesaid. _
Provided always, That no forfeiture or imprisonment shall
be levied or inﬂicted upon any person whatsoever in this be-
half, for not appearing upon summons duly made, until an oath
or afﬁrmationbe made, of the due service of the said summons
upon the suspected person or persons, before the said mayor,
recorder or justices aforesaid; who are hereby empowered
to administer such‘ oath or afﬁrmation to the constable or
ofﬁcer who hath served the same, anything before to the con-
trary thereof in anywise notwithstanding.
Provided also, That any person or persons [being] convicted
for any matter or thing done or committed against this act,
such conviction may be pleaded in‘ bar to any other suit or
prosecution to be brought or prosecuted for breach of any
other law of this province made and provided against the same
‘oﬁenses. \ ‘ ‘
{Passed May 22, 1722. Apparently never considered by ‘the Crown,
but’ allowed to become a. law by lapse of time in accordance with
the proprietary charter. See Appendix V, Section I, and the Acts
of Assembly passed April 8, 1758, Chapter 428; April 2, 1763, Ohapter
499, and motes thereto.
3 14
The Statutes at Large of Pennsylvania. [1 722
CHAPTER CCLVII.

AN ACT FOR ENICOU‘RJAG‘IN‘G THE R‘A'ISTN G OF HEMP WITHIN THIS
PROVINUE.~
Whereas by divers acts of parliament of the kingdom of
Great Britain, large encouragements have been and are given
for the rasing of hemp in His Majesty’s plantations in America
and importing the same into the said kingdom. To the end,
therefore, that the people of this province may be the more
effectually led into the practice of raising good and merchant-
able hemp, for the service of the said kingdom, and for pro-
moting the trade of this colony:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That there shall be paid out of the public revenue of this prov-
ince, as an encouragement or bounty for all good, sound, well-
dressed, merchantable hemp, suitable and ﬁt for exportation, '
that shall grow and be raised in this province byany person
or persons whatsoever, from and after the publication of this
act, until the full end and expiration of three years next en-
suing, the sum of one penny for every pound of such merchant-
able hemp raised as aforesaid.
[Section II.] And be it further enacted, That a good and
convenient warehouse shall be kept at the charge of the public,
by the ofﬁcer hereinafter appointed, into which the said ofﬁcer
shall receive all such quantities (not being less than twenty-
ﬁve pounds in one parcel) of sound, well-dressed merchantable
hemp, as aforesaid, as shall be brought to him by the person
or persons who shall raise the same. And upon such person
or persons making oath or afﬁrmation before the said ofﬁcer,
that he, she or they did truly and bonaﬁde raise the said hemp,
and that the same hath not nor any part thereof has ever be-
fore been tendered to the said ofﬁcer, or any bounty paid or
I 722] The Statutes at Large of Pennsylvania.
allowed for the same, which oath or aﬁ‘irmation the oﬁicer is
hereby empowered to administer, he, the said ofﬁcer, shall forth-
with pay to such person or persons, out of the money of the
public in his hands, one penny for every pound weight of such
hemp, as aforesaid; and shall give to the owner of the said
hemp a receipt under his hand for the quantity by him re-
ceived, certifying the same to be good and merchantable; for
his trouble in which the ofﬁcer shall receive one shilling for
every one hundred pounds, and so proportionably for a greater
or lesser quantity and no more.
And all such hemp shall lie in the said ware[house,] if the
owner thinks ﬁt to store it, till such time as he, or some person
by his order, shall apply to the said oﬁcer with his receipt for
the said hemp; upon producing of which receipt the said hemp
for. which such receipt was given shall be delivered, in the
same good order in which it was received, to the said owner
or his order (casualties of ﬁre, and such like accidents, ex-
cepted) without any further charge, saving porters’ hire and
an allowance of four pence per hundred for attending the
store. '
[Section 111.] And be it further enacted, That the ofﬁcer
appointed for the receiving the excise and [duty on] criminals
convict, imported into this province, for the time being, shall
[be] and hereby is appointed the ofﬁcer for receiving and view-
ing all such hemp, as aforesaid, and for paying the bounty
hereby granted and allowed for the term aforesaid.
Passed May 22, 1722. Apparently never submitted‘ to the consid-
eration of the Crown. See Appendix V, Section I, and the Act of
Assembly passed {March 20, 17'24-25, Chapter 286, and the note
thereto.
316
The Statutes at‘ Large of Pennsylvania. ‘ [I 722 _
CHAPTER OOLVIII.

AN ACT EOR SETTLINIG A FERRY AT SOLElBIUR-Y, IN B'U'ICFKS GOUNT‘Y,
OVER DELAWARE TO NEW JERSEY.
Whereas it is necessary and convenient that a ferry ‘be
‘erected and settled at Solebury in the county of Bucks, over
Delaware River to New Jersey:
[Section 1.]. Be it therefore enacted, by Sir William Keith,
Baronet, Governor of the Province of Pennsylvania, &c., by and
with the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the ‘same,
That there shall be erected and kept a ferry at the landing
place of John W'ells in Solebury aforesaid; which said ferry
shall be kept at ‘the place aforesaid by the said John Wells,
his executors, administrators, or assigns, who shall and are
hereby required at all times, during the continuance of this act,
to maintain and keep the said ferry, with a good and sufﬁcient
boat or ﬂat, and able and sufﬁcient hands to attend the same,
as shall be needful for the carriage of all persons, cattle,
horse and goods over the said river to New Jersey.
And for the encouragement of the said John Wells to sup-
port and maintain the ferry, he, the said John Wells, his execu-
tors, administrators and assigns, shall, from and after such
suﬁlcient boat or ﬂat [is] provided, as aforesaid (which he is
hereby required forthwith to provide and get ready), receive
and take for and during the term of seven years, after the publi-
cation of this act, for the ferriage or carriage over the said .
river Delaware to the said province of West Jersey, from all
persons whatsoever (the governor-in-chief and the lieutenant-
governor and their attendants excepted), the respective rates
following: (That is to say)
For every single foot passenger, three pence; but if a greater
number together, two pence each.
For every single horse and rider, seven pence half-penny;
but if a greater number together, six pence each.
. I 722] The Statutes at Large of Pennsylvania.
3‘?
' . For every single ox, cow or heifer, nine pence; but if a greater
number together, seven pence halfpenny each. a
For every single sheep, two pence; but if a greater number
together, one penny each.
For every single hog, four pence; but if a greater number
together, three pence each. '
For every loaded wagon or cart, one shilling and six pence;
but if empty, one shilling.
For every sled, six pence; and no more.
[Section 11.] And be it further ‘enacted, That for and during '
the said term of seven years, no other person or persons what- '
soever (Thomas Ganby, his heirs, executors, administrators
and assigns, for the use of themselves and the mill, excepted)
shall presume to erect or keep any boat, ﬂat or canoe, within‘
the space of two miles above or below the said ferry, for carry‘
ing of any passengers, horses, cattle, hogs or sheep, for any
hire, wages or reward whatsoever, over the said river Dela—
ware, from this province, to the western division of New J er-
sey, under the penalty of the forfeiture of ﬁve pounds for every
‘ such offense; one moiety to the governor for support of this
government, and the other moiety to the said John Wells, or
his assigns, who may sue for the same; by bill, plaint, or infor-
mation in any court of record in this province, wherein no
essoin, protection or wager of law, or more than one impar'
lance shall be allowed.
Provided nevertheless, That if the said John Wells, his ex-
ecutors, administrators or assigns, shall neglect forthwith to
provide and get ready a good and‘sufﬁcient boat or ﬂat for the
said ferry; or shall not from time to time give due and constant
attendance on the service of the said ferry; or shall not main-
tain and keep such ﬂat or boat in good order and repair, with
able hands for managing them; or if he or they shall demand,
exact or take any greater or other rates than is hereinbefore
limited and appointed, he or they so offending in the premises,
or any of them, shall forfeit and pay for the ﬁrst offense the
sum of ﬁve pounds, one moiety to the governor, for the support
of government, and the other moiety to the party grieved or
\ other person who shall sue for the same, to be recovered as
3,18
T he Statutes at Large of Pennsylvania. [I722
aforesaid; and for the second offense the sum of ten pounds,
to be recovered as aforesaid; and for the third offense to be
removed or displaced by the county court, or other court of
record where he shall be convicted of any of the said offenses
mentioned in this act; and in such case the justices of the said
county court, or other court of record where he shall be con-
victed as aforesaid, shall appoint another person to keep the
said ferry, under the same restrictions and limitations as herein
is prescribed and directed.
Passed May 22, 1722. Apparently never considered by the Crown,
but allowed to become a law by lapse of time in accordance with
the proprietary charter. See Appendix V, Section I, and the Act of
Assembly passed February 8, 1766, Chapter 533, and the note
thereto.

CHAPTER CCLIX.

AN ACT TO EREC'T [ANID] ESTABLISH A FERRY ON‘ THE LANDS O'F
THOMAS YARDLEY, OF iM-AIKEFI'EIJD TOWNSHIP, IN BUCKS COUNT-‘Y.
Whereas it is necessary that a ferry be erected and estab-
lished in Makeﬁeld, upon the land of Thomas Yardley, over
Delaware River, for the better accommodation of passengers
traveling in this province:
[Section I.] Be it therefore enacted, by Sir William Keith,
Baronet, Governor of the Province of Pennsylvania, &c., by
and with the advice and consent of the freemen of the said
Province in General Assembly met, and by the authority of the
same, That there shall be erected and kept a ferry at the
landing place of the aforesaid Thomas Yardley, which said
ferry shall be kept by the said Thomas Yardley, his executors,
administrators and assigns, at the place aforesaid, who shall
and are hereby required, at all convenient times, to maintain
and keep the said ferry with [such] good, sufﬁcient boat and
hands to attend the same as shall from time to time be needful
for the carriage of all persons, cattle, horses and goods which,
at the place aforesaid, are to be carried over the said river.
I 722] The Statutes at Large of Pennsylvania.
319
And also, that the said Thomas Yardley and his successors
shall, at all times hereafter (during the time limited by this
act), by him or themselves or servants, give constant and due
attendance on the said ferry.
And the said Thomas Yardley and his successors shall have
and receive for ferriage over, at the place aforesaid, of all
persons (the proprietary and his lieutenant-governor, and their
attendants, excepted) the rates and prices following: (That is
to say)
For every single horse and rider, seven pence halfpenny, and
when a greater number shall be carried together, six pence
each.
For every single person on foot, three pence, and when a
greater number together, two pence each.
For every single ox, cow or heifer, nine pence; and when a
greater number is carried together, seven pence halfpenny
each.
' For every single sheep, two pence; but when a greater
number together, one penny each.
For every single hog, four pence; and when a greater number
together, three pence each. '
And for (a) loaded wagon, one shilling and six pence, and no
more; and for every empty wagon, one shilling, and no more.
And for every sled, six pence, and no more.
And if the said Thomas Yardley, his executors, administra-
tors or assigns, ‘shall not maintain and keep such a sufﬁcient
boat, as aforesaid, with sufﬁcient and able hands; or shall not
give constant and due attendance on the service of the said
ferry; or shall demand any greater, or other fees, for the car-
riage of any passenger, cattle,’ horses, hogs or sheep, than is
hereinbefore limited and appointed, then and in every such
case he shall forfeit and pay the sum of ﬁve pounds lawful
money of this province for every such oﬁ’ense; one moiety to the
governor for support of government, and the other moiety to
the party grieved, who shall sue for the same, by bill, plaint
or information in any court of record in this province, wherein
no essoin, protection or wager of law shall be allowed.
[Section 11.] And be it further enacted by the authority
3 20‘
The Statutes at Large of Pennsylvania. [1 722
aforesaid, That he, the said Thomas Yardley, his executors, ad-
ministrators and assigns, shall and may hold and enjoy the said
ferry, for and during the term of fourteen years, from the pub-
lication of this act, if he or they shall so long behave them-
selves well therein; and that no other person or persons shall
hereafter for and during the said term of fourteen years, pre-
sume to carry any passengers, horses, cattle, sheep or hogs,
for any wages, hire or reward whatsoever, over the said river
Delaware, from this province to New Jersey, within the space
of two miles either above or below the abovesaid ferry, under
the penalty of ten pounds forfeiture for every such offense, one
moiety thereof to the governor for the support of government,
and the other moiety to such as shall, from time to time, be ap-
pointed to keep the said ferry, as aforesaid. ‘
[Section III.] And be it further enacted by the authority
aforesaid, That in case the said Thomas Yardley shall refuse to
provide a boat and keep the said ferry as by this act is directed
and allowed, then it shall and may be lawful for the proprie-
tary, his heirs and assigns, or his or their commissioners of
property for the time being, to appoint any other person for that
purpose, under the same restrictions and limitations herein-
before expressed; and such person so appointed shall or may
be accommodated at the place aforesaid with a suitable house,
or so much convenient land to erect one on not exceeding one
acre, at such rates as the county court and grand jury shall ad-
judge reasonable, to be paid by the undertaker thereof to the
owner; which land so assigned, as aforesaid, with the improve-
ments shall be deemed and held as the estate of the improver
or occupier thereof, his heirs and assigns, and shall be liable
only to be alienated by the county court and grand jury, on
such reasonable allowances as they shall think ﬁt, as afore-
said, to. any other person, for the same uses as is above ex-
pressed, any law, usage or custom to the contrary hereof in
anywise notwithstanding. -
Passed May 22, 1722. Apparently never submitted to the con- _
sideration of the Crown, but allowed to become a‘ law by lapse of
‘time in accordance with the proprietary charter. See Appendix
V, Section I, and the Act of Assembly passed February 8, 1766,
Chapter 533, and‘ the note ‘thereto.
I722] The Statutes at Large of Pennsylvania.
321
CHAPTER ooLx.

AN ACT FOR RlEGlUIJATIN'G THE GAIUIG‘INTG OF CA‘SK IN THIS PROVINCE.
‘Whereas great abuses are daily committed in the trade of this
province, by importing wine, rum, and other liquid merchan-
dises in disproportionable cask, which have been usually
gauged by the diagonal, which is known not to be an exact
rule to ﬁnd the contents of a disproportionable cask; and the
persons selling such commodities commonly refusing to submit
to any other method or rule of gauging, the purchaser is
thereby imposed upon and often suﬁers great loss in want of
just measure.
For the redress of which abuse for the future within this
province:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That if any merchant, or other person whatsoever, shall utter,
sell or put to sale, any butt, tun, pipe, hogshead, barrel, rund-
let, or other cask of rum, wine, molasses, or other liquid mer-
chandise, imported into any port or place within this province,
before the gaugers hereafter mentioned, or their deputies, shall
have ﬁrst plainly and truly set down or marked, upon the head
of such vessel, the capacity and full contents of the same, ac-
cording to the standard and excise of wine measure by the
gallon, such person or persons shall forfeit, for the uses directed
in this act, the sum of ten pounds for every cask so uttered,
sold or put to sale.
And further, If any merchant or other person shall utter,
sell or put to sale, any rum, wine, molasses, or other liquid mer-
chandises as aforesaid, within any port or place of this prov-
ince, in any cask or vessel, having the number of gallons set
down and marked on the head of such vessel, and the same shall
be found to lack of the contents marked on the said vessel, such
T/ze Smz‘uz‘es afLarge 0f Pemzsylvamkz. [I 722
person shall forfeit and pay, to the uses directed in this act,
the sum of ten shillings for every gallon marked or numbered
on the said cask more than it will truly contain.
And to the end that all persons, dealing in such merchan-
dise, may the more easily and readily be informed and assisted
in the discovering the true quantity of such liquid merchandise,
so imported as aforesaid:
[Section 11.] Be it enacted, That Nathaniel Grifﬁtts and
Benjamin Morgan, of Philadelphia, shall be and are hereby
appointed gaugers of all the wine, rum, molasses and other
liquid merchandise imported into this province for sale.
WVhich said gaugers, before they enter upon their ofﬁce, shall
take an oath or afﬁrmation well and truly to execute the ofﬁce
of gaugers within this province between buyer and seller, and
are hereby empowered, by themselves or their proper deputies
or assistants, to gauge all rum, wine, molasses or other liquid
merchandise imported in any butt, tun, pipe, hogshead, bar-
rel, rundlet or other cask, into any port or place of this prov“
ince, when they, the said gaugers, or either of them, shall be
thereunto required.
And that they shall mark or set down the true number of
gallons, according to the English standard and excise of wine
measure, which each cask or vessel will truly contain, with
their own mark. All which casks, with their true marks
and numbers, shall be entered in a book or books, to be kept
for that purpose by the said gaugers, or their proper deputies,
to which recourse may be had, as occasion may require; for a
copy of which entry, they shall receive four pence; and for
each cask, so by them gauged and marked, they shall receive
the sum of four pence, and no more.
And if any cask or other vessel, gauged *and marked by the
said gaugers, or their lawful deputies, shall be found lacking
one or more gallons of the quantity numbered or marked on the
said cask or vessel, the aforesaid gaugers shall forfeit ten shil-
lings for each gallon lacking or exceeding the number so
marked or set down on each cask.
[Section 111.] And be it further enacted, That [all] and
every the penalties and forfeitures in and by this act set and
I 72 2] T/ze Statutes at Large of Pennsylvania.
323
appointed shall be, one-half to the governor, for the support
of government, and the other half to the informer, or him or
them that will sue for the same; if under forty shillings, to
be recovered as debts under forty shillings are usually recov-
ered; and if above forty shillings, to be sued for and recovered
by bill, plaint or information, in any court of record within this
province, wherein no essoin, protection or wager of law, shall
be allowed for the defendant.
fPassed May 22, 1722. Apparently never submitted to the con-
sideration of the Crown, but allowed to become a law by lapse of
time in accordance with the proprietary charter. See Appendix
V, Section I, and the Acts of Congress regulating the subject.
21—11
324
T/ze Statutes at Large of Pennsylvania. [1 72 2-2 3
At a General Assembly begun- and holden at Philadelphia the
fourteenth day of October, A. D. 17 22, and continued by ad-
journments until the eleventh day of May following, the follow—
ing acts were passed:
CHAPTER OCLXI.

AN ACT FOR ‘Ii-HIE EMITTING ANID MAIKING OURR'EN'T FIFTEEN
THOUSAND POUNDS IN BILLS OIF CREDITQ
Forasmuch as through the extreme scarcity of money the
trade of this province is greatly lessened and obstructed, and
the payment of the public debts of this government rendered
exceeding difﬁcult, and likely so to continue, ‘unless some me-
dium in commerce be by law made current instead of money.
For remedy whereof, may it please the governor that it be en-
‘ acted:
[Section 1.] And be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the Province aforesaid in
General Assembly met, and by the authority of the same, That
bills of credit to the value of ﬁfteen thousand pounds, current
money of America, according to an act of parliament, made in
the sixth year of the late Queen Anne, “ for ascertaining the
rates of foreign coins in the plantations,” shall be printed
within two months next after the end of this present session of
assembly, as followeth, to wit, six thousand bills of twenty
shillings value each; four thousand bills of ﬁfteen shillings
value each; six thousand bills of ten shillings value each; six
thousand bills of ﬁve shillings value each; four thousand bills
of two shillings and sixpence value-each; six thousand bills
of two shillings value each, and eight thousand bills of one shil-
ling value each. Upon which bills shall be impressed upon the
left side of the said bills, about the middle of the side, the arms
of Pennsylvania. - And the said bill shall be in the form fol-
lowing: '
31 7222-23] The Statutes at Large of Pennsylvania.
325
This indented bill of . . . . . . . . . . current money of America,
according to the act of Parliament made in the sixth year of
the late Queen Anne, “ for ascertaining the rates of foreign
coins in the plantations,” due from the Province of Pennsyl-
vania to the possessor thereof, shall be in value equal to money
and shall be accepted accordingly by the provincial treasurer,
county treasurers and the trustees for the general loan ofﬁce
of the province of Pennsylvania, in all public payments, and
for any fund at any time in any of the said treasuries and loan
ofﬁce. Dated in Philadelphia, the . . . . . . . . day of . . . . . . . . . .
in the year of our Lord one thousand seven hundred and twenty-
three, by order of the Governor and General Assembly.
Which bills shall be signed and numbered by Charles Bead,
Francis Bawle, Benjamin Vining and Anthony Morris, or the
major part of them. And the sum of money that each bill shall
be current for shall be printed on the top of each bill.
[Section 11.] And be it enacted by the authority afore-
said, That the said persons appointed for signing the
said bills of credit, shall take an oath or afﬁrmation before any
one justice of the peace of this province, for the true signing
and delivering of all the said bills of credit, and no more than
the‘number mentioned in this act, to the several ofﬁcers and
persons hereinafter mentioned and appointed to receive the
same, according to the true intent and meaning of this act.
Fifteen thousand pounds of which bills of credit, being signed
and numbered as aforesaid, shall be put into the hands of
Samuel Carpenter, Jeremiah Langhorne, William Fishbourn
and Nathaniel Newlin, of this province of Pennsylvania, gen-
tlemen, who‘ are hereby constituted trustees of the general loan
oﬁce of the province of Pennsylvania; who shall give their re-
ceipt for such bills as shall be by them received.
And the said Charles Bead, Francis Rawle, Benjamin Vining
and Anthony Morris, appointed by this act to sign the afore—
said bills of credit,'shall, for such their service, have paid unto
each of them, or each of their executors or assigns, by the
trustees aforesaid, in bills of credit, the sum of twenty pounds,
as a reward for their trouble in signing and numbering the
bills aforesaid. And the aforesaid trustees shall have allowed
unto each of them the sum of ﬁfty pounds per annum, for their
service and ‘trouble in the execution of their trust, which
(,4
The Statutes at Large of Pennsylvania. [1722-23
trustees, before they receivethe said bills, or enter upon the
execution of their trust, shall give ﬁve hundred pounds security
each, to the provincial treasurer for the time being, for the
true performance of their said ofﬁce, and take the following
oath or afﬁrmation before any one justice of the peace of the
province of ‘Pennsylvania:
1, A. B., will, according to the best of my skill and knowl-
edge, faithfully, impartially and truly demean myself in dis-
charge of the trust committed to me by an act of general as-
sembly of this province, entitled “An act for the emitting and
making current ﬁfteen thousand pounds in bills of credit,” ac-
cording to the purport and tenor of the said act, so as the public
may not be prejudiced by my consent, privity or procurement.
And for the better securing and supporting the credit of the
said bills:
[Section 111.] Be it enacted by the authority aforesaid, That
the said trustees, before they take or accept of any lands, houses
or ground rents in mortgage for any of the said bills, they shall
inform themselves of the real value of the said lands, houses
and rents; and also of the title of the same, so as to be satisﬁed
that the persons offering the same to mortgage have a good,
indefeasible estate in fee-simple, in the lands, houses and rents
offered to mortgage, and that the same be free from all incum-
brances whatsoever. And the said trustees, or any three of
them, being satisﬁed, as well of the value as of the title of the
said lands, houses and rents, and being qualiﬁed, as by this act
is directed, have full power and authority, and hereby are an-
thorized and empowered to let out the value of eleven thousand
pounds of the said bills upon loan, at the interest of ﬁve per
cent per annum for the term of eight years, from the date of the
said bills, in sums not exceeding one hundred pounds, and not
under twelve pounds ten shillings to any one person; the said
trustees taking a security by way of mortgage in at least double
the value of lands and ground rents, lying in this province, and
in (at least) three times the value of houses within the province
aforesaid; which mortgage, when executed in the presence of
two lawful witnesses, and acknowledged before any justice of
peace of this province, shall be enrolled in a book (to be kept
for that purpose by the said trustees) at the costs and charges
1 7227-23] T/ze Statutes at Large of Pennsylvania.
327
of the mortgagor, an attested copy of which deed, so enrolled
and certiﬁed under the hands of the said trustees, or any three
of them, shall and is hereby declared to be matter of record,
and shall be good evidence to prove the sale or mortgage
thereby made.
[Section IV.] And be it further enacted by the authority
aforesaid, That there shall be one public office kept in the city
of Philadelphia, which shall be called The General Loan Ofﬁce
of Pennsylvania, where the said trustees or any three of them,
shall duly attend every Third and Fourth day, commonly called
Tuesday and Wednesday, in each week, for the ﬁrst six months,
and afterwards the attendance to be according to the discretion
of the said trustees, for the due execution of the trust reposed
in them by this act; and for the ease of the inhabitants of the
counties of Bucks and Chester, who may have occasion to take
upon loan any of the said bills-of credit, the aforesaid trustees,
or any three of them, shall attend, as occasion may require, at
the respective towns of Bristol and Chester, for executing the
trust aforesaid, and shall give at least fourteen days’ public
notice at the respective towns aforesaid of the time and place
of their meeting for the purposes aforesaid. And the said trus-
tees, or some of them, shall, at their own proper costs and
charges, provide good large books of royal or other large paper,
and well covered, wherein shall be recorded and enrolled all the
deeds of mortgages to be taken for bills of credit to be let out
upon loan, according to the directions of this act, in a fair,
legible hand; for which there shall be paid by the mortgagor,
his heirs, executors or administrators, to the person or persons
attending the said ofﬁce, in any of the counties aforesaid, for
recording or enrolling every deed or writing, ﬁve shillings; and
for every mortgage-deed, if drawn by the clerk, twelve shillings,
and no more.
And for the more ease and conveniency of the trustees ap-
pointed by this act, they‘ are hereby allowed and enabled to
choose a ﬁt person to serve them in the ofﬁce of a clerk, during
the continuance of their trust; which said sums of money so
taken upon loan shall be paid in again, with the annual inter-
est, in the said bills of credit, or current money of America, to
328
T/ze Statutes at Large of Pennsylvania. [1 72 2—2 3
the said trustees of the general loan oﬁice aforesaid, in manner
following: (That is to say) one-eighth part of the sum borrowed,
with the whole interest of ﬁve percent per annum, shall be
annually paid by the mortgagor, his heirs, executors or admin-
istrators, to the said trustees, who shall endorse the\ sum re-
ceived, both principal and interest, upon the back of the mort-
gage deed, and for each indorsement made in manner aforesaid,
they shall be paid, by the mortgagor, the sum of one shilling,
and no more. And at the last payment of the said money and
interest, the said mortgage shall be released and delivered up
by the said trustees; from which time the said lands, houses
and ground rents so mortgaged or engaged shall be forever
clearly acquitted and discharged. And the said trustees shall
make an entry in the margin of the enrollment of the said mort-
gage, of the day and year of such discharge and release, for-
which they shall be‘ paid, by the mortgagor, the sum of one
shilling, and no more. - '
And whereas the aforesaid bills of credit are chieﬂy intended‘
for the beneﬁt of the poor, industrious sortof the people of this
province, at an easy interest, to relieve them from the present
difﬁculties they labor under, which end cannot be so well per-
formed if any one person should be allowed to take up too great
a sum of the said bills of credit upon loans. Therefore, to pre-
vent the splitting any one man’s lands into sundry parcels by
alienating the same to divers persons in trusts, thereby to get
great quantities of the said bills for the use of one man, and to
prevent committing of frauds and abuses in mortgaging any
lands, houses or ground rents being under any former mort-
gage or incumbrance which would in a great measure frusé
trate the good end for which this act is intended:
[Section V.] Be it therefore enacted by the authority afore-
said, That the person‘ offering any lands, houses or ground
rents to mortgage for'any of the said bills, shall, at the time of
executing the deed of mortgage, declare upon his or her oath
or solemn afﬁrmation, which the said trustees, or any one or
more of them, are hereby enabled to administer, that he or she
is bona ﬁde seized of the said lands, houses or ground rents in
his or her own right, and to his or her own use, and that the
I 722—23] T he Statutes at Large of Pennsylvania.
same were not alienated to him or her in trust for the use of
any other person, nor with intent to raise any sum or sums of
money upon the same by way of loan, or otherwise, for the use
of any other person or persons whatsoever; and that the lands,
houses and ground rents, mentioned in the mortgage-deed by
him or her to be executed, are free and clear from any other or
former gift, grant, sale, mortgage or other incumbrance, to his
or her knowledge; which oath or afﬁrmation the said trustees
administering the same shall endorse upon the back of the deed
of mortgage, together with the day and year of the caption
thereof.
Provided always, That if any part of the sum of eleven thou-
sand pounds be remaining in the oﬁice at the end of four
months next ensuing the date of the said bills, and not taken
out upon loan,-it shall and may be lawful to and for the afore-
said trustees to lend out to any person or persons, upon the like
security as before is directed in this act,and under the same
rules and restrictions, any sum or sums of the said money, so
as the whole sum advanced or lent to one person: exceed not the
sum of two hundred pounds in the whole.
[Section VI.] And be it further enacted by the authority
aforesaid, That the aforesaid bills of credit, to be made and is-
sued by virtue of this act, shall be and continue current for
and during the space and time ofeight years from the date of
the said- bills, and no longer, and shall be received and paid for
the same value, and equal to the current coin passing in this
province, for goods or any other thing bought and sold by all
persons whatsoever residing in and passing through this prov-
ince, according to their rates; and. the tender ofthe said bills
for payment or discharging of any debt or debts, bargain, sale
of lands, or other things, bonds, mortgages, specialties and con-
tracts whatsoever, already made, or hereafter to be made,
either for sterling money, silver money of America, dollars, or
any other species of gold or silver, or any quantity of plate or
‘ gold, shall be as effectual in the law, to all intents and purposes,
as if the current silver coin of this province had been offered
and tendered for the discharge of the same or any part thereof.
And to prevent the damage that may happen to any person or
330
T/ze Siazfaz‘e; at Large 0f Peemsylvaezz'a. [1 722—23
persons, who, at the expiration of- the said eight years, may
have any of the said bills remaining in their hands: 7
[Section VI 1.] Be it enacted, That the aforesaid trustees, and
the survivors and survivor of them, shall be and hereby are
obliged to receive the said bills of credit four months after the
expiration of the said eight years, of any person tendering the
same, and thereupon, shall either pay unto the owner of the
said bills the sum or sums of money for which they are by this
act made current, or otherwise oblige themselves to pay the
same unto the owner or owners of the said bills within three '
months after the bills are delivered to them, with the interest
of ﬁve per cent per annum, until the same be paid.
[Section VIII.] And be it further enacted by the authority
aforesaid, ‘That if any person or persons, creditor or creditors,
obligee or obligees, and party or parties to any contract, cove-
nant, bargain or agreement whatsoever, already made or here-
after to be made, at any time during the said eight years, shall,
upon tender of all or any of their debts, dues and demands
whatsoever, in the bills of credit made current by this act, re-
fuse to accept or receive the said bills of credit in discharge of
the said debts, dues or demands, according to- their values and
rates, he, she or they so refusing to accept the said bills of
credit as aforesaid, shall lose the said debt or debts, sum or
sums of money so refused; and they and every of them, their
and every of their heirs, executors and administrators, shall
forever be barred from bringing his or her or their action for
the recovery ‘of the said debt or debts, sum or sums of money
so refused as aforesaid, and the defendant may plead this act in
bar to any action or actions that shall be so commenced.
[Section IX.] And be it further enacted by the authority
aforesaid, That if any person or persons whatsoever within
this province,shall, during the said‘ eight years, offer to sell
or expose to sale, any goods or chattels, lands or tenements
whatsoever, and deny or refuse to sell, or asks a greater value
for the same,‘unless payment be made in current silver money,
gold, plate, dollars, or other specie whatsoever, and not in the
said bills of credit (whereby the credit of the said bills may be
impaired), then'and in such case the person so exposing to sale,
and refusing as aforesaid, shall, if the goods or chattels ex-
I 722-23] The Statuteslat Large of Pennsylvania.
351
posed to sale be under the value of ﬁve pounds, forfeit the sum
of thirty shillings for each offense, to be recovered before any
justice of the peace within this province upon the oath or af-
ﬁrmation of any two witnesses; and if the value of the goods
or chattels, lands or tenements be above ﬁve pounds, and under
ﬁfty pounds, the exposer to sale shall forfeit the sum of ﬁve
pounds. And if the goods or chattels, lands or tenements be
above the value of ﬁfty pounds, and under one hundred pounds,
the exposer to sale shall forfeit the sum of ten pounds; and
if the value of the goods and chattels, lands or tenements be
above one hundred pounds value, the exposer to sale shall for-
feit ﬁfty pounds, to be re('1overed by action of debt in any
court of record within this province, with costs of suit; the
ﬁrst two forfeitures to the use of any person that shall sue for
the same; the other two forfeitures, the one-half to the use of
such persons as shall sue for and prosecute the same with ef-
fect, the other half to the governor, to be applied towards the
support of the government of this province; any law, custom
or usage to the contrary in anywise notwithstanding.
[Section X.] And be it further enacted by the authority
aforesaid, That if any person or persons whatsoever shall pre-
sume to counterfeit, or be aiding or assisting in counterfeiting
any of the said bills of credit, or utter or cause to be uttered
any bill or bills (knowing the same to be false and counterfeit)
of the tenor or in imitation of any of the said bills of credit
made current by this act, and be thereof legally convict, he,
she or they so oﬁending shall be set upon the pillory in some
open public place, and there have both his or her ears cut 0E,
and be publicly whipped on his or her bare back with thirty-
one lashes, well laid on; and moreover, shall forfeit the sum
of one hundred pounds current money of America, to be levied
of the lands and tenements, goods and chattels of such offend-
' - ers, and shall pay the party grieved double the value of the
damage sustained by the said counterfeit bills, together with
the costs and charges of prosecution. And in case the person
. or persons'so convicted have not sufﬁcient to satisfy the party
for his or her damages and charges, and to pay the forfeiture
aforesaid, then in such case the offender or offenders shall, by
21*--—II
be
The Statutes at Large of Pennsylvania. [1 722—23
N
the order of the court before whom such offender was con-
victed, be sold for any term not exceeding seven years for satis-
faction of the same.
And whereas the true and regular sinking of the said bills of
credit will very much conduce to the keeping up the value of
the same:
[Section XL] Be it enacted by the authority aforesaid, That
a committee of the assembly of this province shall, once every
year or oftener, as the assembly shall think ﬁt, be appointed
to audit the accounts of the sums of money in bills of credit,
let out upon loan to the inhabitants of this province, according
to the directions of this act; and also the sums of money and
bills of credit received by the said trustees from the respective
mortgagors, their heirs, executors and administrators; and
shall, within one week next after the said accounts are audited,
afﬁx advertisements in the most public places of the city of
Philadelphia, setting forth what quantity of money has been
received and is in the hands of the trustees aforesaid, over
and above what will pay the interest due to the public for the
loan of the said bills of credit let out upon mortgage by virtue
of this act. Which money shall, by the said trustees, be given
in exchange for bills of credit, made current by this act, to any
person or persons bringing in the same. And the said bills of
credit received as part of the principal sum lent out of the
said ofﬁce in manner aforesaid and remaining in hands of the
trustees, shall, within ten days after such audit be sunk and
destroyed in the presence of the committee who shall .be ap-
pointed auditors, they having ﬁrst compared the said bills of
credit with their counterparts, and entered into a book, to be
kept for that purpose, the number and value of each bill of
credit so sunk and destroyed.
[Section XII.] And be it further enacted by the authority
aforesaid, That the annual interest received for the loan of the
said bills of credit which shall be remaining in money in the
hands of the said trustees, after the accounts audited as afore-
said, and after salaries and charges allowed by this act are de-
ducted, shall be disposed of in such manner as the assembly
of this province shall from time to time think ﬁt to order and
direct.
I 72'2-23] The Statutes at Large of Pennsylvania.
be
<1.)
0.)
And whereas the funds provided for the support of this gov-
ernment have proved deﬁcient for these two years'last passed,
and sundry debts, claimed as debts due from this province,
remain yet unpaid; therefore, in order to discharge the said
debts, I
[Section XIII] Be it enacted by the authority aforesaid,
That the sum of two thousand ﬁve hundred pounds, in the bills
of credit aforesaid, be delivered into the hands of the provincial
treasurer of this. province for the time being, who shall give
his receipt for the same; and who shall forthwith apply the
said bills, or so much of them as shall be needful, to the paying
and discharging the several sums of money due and owing by
any order of the assembly of the province of Pennsylvania,
within two years last past, where the funds have not been sufﬁ-
cient to pay and answer the same. And that the aforesaid
sum of [two thousand ﬁve] hundred pounds, in bills of credit,
hereby directed to be paid into the provincial treasury of this
government, may be truly and bona ﬁde sunk, as the funds
arising by virtue of three acts of assembly, viz., “An act for
laying an excise on all wine,'rum, and other spirits, retailed
in this province,”1 “An act for laying a duty on. wine, rum,
brandy and spirits, molasses, cider, hops and ﬂax, imported,
landed or brought into this province,” 2 and, “An act for laying
a duty on negroes imported into this province,” 3 are paid unto
the provincial treasurer for the time being. .
[Section XIV.] Be it enacted, That a committee of the as-
sembly of this province shall, once every year and oftener if
the assembly shall think ﬁt, audit the accounts of the money
received by the provincial treasurer by virtue of the acts afore-
said, “for laying an excise on strong liquors,” &c., in this prov-
ince, and shall sink and destroy the said bills in the manner
before directed for sinking the bills of credit received by the
trustees into the loan office of this province.
And whereas there are divers public works now undertaken‘
to be done in the respective counties of Philadelphia, Bucks
and Chester, which cannot well be completed for want of a

1=Passed May 12, 1722, Chapter 251.
2 Passed May 12, 1722, Chapter 249.
3 Passed May 12, 1722, Chapter 250.
334
T/ze Statutes a! Large (ifR-vzrzsljl/zlalzzh. [I 722->23
stock of cash in the hands of the treasurers of the respective
counties: .
[Section XV.] Be it therefore enacted by the authority
aforesaid, That the sum of ‘one thousand pounds, in bills of
credit, made current by this act, be delivered by the said trus-
tees into the hands of the treasurer of the county of Philadel-
phia; and the further sum of two hundred pounds, in the bills
aforesaid, into the hands of the treasurer of the county of
Bucks; and the further sum of three hundred pounds, in the
said bills, into the hands of the treasurer of the county of Ches-
ter; to be applied to the respective treasurers of the several
counties aforesaid in such public services as the commission-
ers and assessors of the respective counties shall think ﬁt to
order and direct.
And that the said bills of credit, to be paid to the respective
county treasurers aforesaid, for the uses aforesaid, may be
truly and bona ﬁde sunk:
[Section XVL] Be it enacted by the authority aforesaid,
That a tax of one penny per pound, over and above all other
county charges, shall be annually raised and levied by the re-
spective commissioners and assessors of the said counties in
the same manner as county levies by an act of assembly of this
province, entitled “An act for the more effectual raising of
county rates and levies)” are directed and appointed to be
raised and levied, until all the bills of credit received by the
respective county treasurers for the uses aforesaid, be sunk
and destroyed by the tax aforesaid; which said tax of one
penny per pound shall be paid into the hands of the respective
county treasurers, in bills of credit, or current money of Amer-
ica, towards the sinking the bills of credit by them respect:-
ively received for the use of the respective counties aforesaid.
And that a committee of the assembly of this province shall,
once every year, audit the accounts of the money received by
'the respective county treasurers, by virtue of the said tax of
one penny per pound, and shall sink and destroy the said bills
of credit in the manner before directed for sinking the bills

llPassed February 22, 1717-18, Chapter 231.
I 722-23] f/ze Statutes at Large 0/ Pennsylvania.
335
of credit received by the trustees into the loan ofﬁce of this ‘
province. I
Providedhalways, That it shall and may be lawful to and for
the trustees of the loan ofﬁce aforesaid, or any three of them,
to let out upon loan, in such manner as they shall think best,
any sum of the said bills of credit not exceeding the sum of one
hundred pounds to one person, upon a security of good plate,
to be delivered to them at the value of ﬁve shillings current
money of America per ounce, and at the interest of ﬁve per
cent per annum, to be paid in again to the said trustees in
the space of twelve months, with the interest aforesaid. And
in case ‘of non-payment, to sell and dispose of the said plate
for the most it will yield, returning the overplus (if any be)
-~ to the owner, after payment of the principal, interest, and
charges accrued thereupon, anything in this act to the contrary
notwithstanding. ‘
[Section XVIL] And be it further enacted by the authority
aforesaid, That in case of the death or removal‘of any of the
aforesaid trustees, the assembly of this province for the time
being shall, from time to-time, during the continuance of this
act, appoint some other ﬁt person or persons in the room, place
and stead of such trustee or trustees so dying or being re-
moved; which person or persons, to be so appointed, shall give
the like securities and lie under the same obligations with
those who are now named and appointed by this act.
[Section XVIIL] And be it further enacted by the authority
aforesaid, That where default shall be made or suﬁered by any
mortgagor of any lands, rents or houses (mortgaged by virtue
of this act), his or her heirs, executors, administrators or as-
signs, of or in payment of any of the annual payments or sums,
whether in part of principal or interest, which they or any of
them should have paid, in such manner and form, and accord—
‘ing to the purport, tenor and eﬁect of the said deed or deeds of
mortgage and this act of assembly, and at the days, times and
places, in the same deeds respectively mentioned and con-
tained, That in every such case, and upon any default made in
the ‘premises, it shall and may be lawful to and for the said
mortgageesﬁ or trustees, and the survivors and survivor of
336
V T he Statutes at Large 0/ Pennsylvania. [1 72 2—23
them, and the heirs, executors and administrators of the sur-
vivors of them, and they are hereby required, after the expira-
tion of two months next ensuing any of the days of payment
herein directed, and in the said mortgage contained,‘ whereon
any part of the said mortgage money and interest ought to
_ be paid, to sue forth a sci'refacz'as out of the ofﬁce of the clerk
of the court of common pleas for the county or city where the
mortgaged lands, ground rents and houses lie, and bedirected
to the proper ofﬁcer, requiring him, by honest and lawful men
of the neighborhood to make known to the mortgagor or mort- '
gagors, his, her or their heirs, executors, administrators and
assigns, that vhe, she or they be and appear before the
said justice of the court of common pleas, to show, if
anything he, she or they have ‘to say wherefore the said
mortgaged premises ought not to be sold for the payment of
the said mortgage money, with the interestdue thereupon, to-
gether with such costs and damages as the court shall assess
by reason of the non-payment of the money aforesaid at the
time and place whereon the same ought to have been paid.
And if the defendant or defendants in the said. scire facias neg-
lect or refuse to appear, or be not to be found in the county,
or if the said defendant or defendants appear, and do not pay
down the money and interest in bills of credit, or current money
of Pennsylvania, then due upon the said mortgage, together
with the costs of suit, then the court shall award execution by
Zevarifacias, directed to the proper ofﬁcer, By virtue whereof
the said mortgaged premises shall be taken in execution, and
exposed to sale by public vendue, within one month after the
awarding execution aforesaid, and, upon sale, conveyed to the
buyer or buyers thereof, and the money or price of the same
rendered to the mortgagee or trustees. And ‘when the said
lands and hereditaments shall be so sold or delivered as afore-
said, the person or persons to whom they shall be so sold or
delivered shall and,may hold and enjoy the same, with their
appurtenances, for such estate or estates as they were sold or
delivered, clearly discharged and freed from all equity and
beneﬁt of redemption, and all other incumbrances made and
suffered by the mortgagors, their heirs and assigns. And such
I 722—2 3] T he Statutes at Large of Pennsylvania.
37.
sales shall be available in law, and the respective vendees, their
heirs and assigns, shall hold and enjoy the same, freed and dis-
charged‘ as aforesaid. But before such sales shall be made
notice shall be given in writing, as is directed by one act of
assembly of this province, entitled “An act for taking land
in execution for payment of debts.”1
[Section XIX.] Provided also, and be it further enacted by
the authority aforesaid, That when'any of the said lands, ‘tene-
‘ments, hereditaments or ground rents, which by the direction
and authority of this act are to be sold for payment of debts
and damages due to the public in manner aforesaid, shall be
sold for more than will satisfy the same debt and damages,
- and reasonable costs, then the sheriﬁ, or other ofﬁcer who shall
make the sale, must render the overplus to the debtor or de—
‘ fendants; and then, and not before, the said ofﬁcer shall be dis-
charged thereof uponrecord, in the same court where he shall
make return of his proceedings concerning the said sales.
Provided also, That ‘no sale which shall be made by virtue
of this act shall be extended to: create any further estate to the
vendees than the lands or hereditaments so sold and delivered
shall appear to be mortgaged for by the said respective mort-
gages or defeasible deeds.
Provided also, That if any of the said judgments which do or
shall warrant the awarding of the said writ of execution,
whereupon any lands, tenements or hereditaments have been
or shall be sold, shall at any time hereafter be reversed for any
error or errors, then and-in every such case none of the said
lands, tenements or hereditaments so as aforesaid taken or
sold, or to be taken‘ or sold upon execution, nor any part
thereof, shall be restbred, nor the sheriff’s sale thereof avoided.
[Section XX.] And be it further enacted by the authority
- aforesaid, That if after any lands, ground rents or houses are
mortgaged to the aforesaid trustees for any bills of credit, ac-
cording to the directions of this act, it shall appear the party
mortgagor had no good right and title to the said lands, ground
rents and houses, or any of them, so that the government may
be in danger of losing the money or any part thereof advanced

1 Passed January 12, ~1705-6, Chapter 152.
338
The Statutes at Large 0f Pennsylvania. [1722-23
in loan upon the credit of the said lands, :ground rents and
houses, it shall and may be lawful to and for the said trustees,
and they are hereby required and empowered, to prosecute any
action or actions of debt or covenant upon the said mortgage
or mortgages against the said mortgagor, his heirs, executors-
and administrators, and the same to prosecute to judgment
and execution in any court of record within this province, for
the recovery of the moneys due on the said mortgage, with the
costs of suit, by all lawful ways and means whatsoever.
Provided always, That if any person or persons who shall
take upon loan any of the said bills of credit, shall see cause,
at any time after the making of the said mortgage, to pay down-
the whole principal and interest then due in like public bills
of credit, or current money of America, upon his or her so- doing a
such mortgage or security shall be released and delivered in the
manner before directed, and the land-s, ground rents and
houses, in the said mortgage-deed contained and mortgaged,
shall be forever discharged therefrom. '
Passed Mar-ch 2, 1722-23. Allowed to become a law by lapse of
time in accordance with the propniebary charter. See Appendix
VI, Section I, and [the Acts of Assembly passed March 30, 1723,
‘Chapter 26-7;- May 11, 1723, vChapter 274; December 12, 1723, Chapter‘
275; March 5, 1725-26, Chap-ter 289, and note thereto.

CHAPTER CGLXII.
AN ACT FOR REDUGI'NG THE IN ‘PE/REST O‘F M'OINEY FROM EIGHT 'I‘O
SIX PER CENT PER ANNUM. -
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the‘ freemen of the said Province
in General Assembly met, and by the authority of the same,
That no person shall, directly nor indirectly, for any bonds,
or contracts to be made after the publication of this act, take
for the loan or use. of money, or any other commodities, above
the value of six pounds for the forbearance of one hundred
1722—231 _T/ze Statutes at Large 0f Penngylvanra.
339
‘pounds of the value thereof, for one year, and so proportiona-
bly for a greater or, less sum, any law, custom or usage, to the
contrary notwithstanding. Y
.. [Section 11.] And be it further enacted, That if any person
or persons whatsoever, do or shall, after the publication of this
act, receive or take more than six pounds per centum per
annum, on any such bond or contract as aforesaid, upon con-
viction thereof, the person or persons so offending shall forfeit
the money and other things lent; one-half thereof to the gover-
nor, for the support of government, and the other half to the
person who shall sue for the same, by action of debt, bill, plaint
~or information,‘ in any court of record within this province,
wherein no essoin, protection or wager of law, or any more
'- than one imparlance shall be allowed.
Passed March 2, 1722-23. Apparently never considered by [the
Crown, but allowed to become a law by lapse of time in accordance
with the proprietary charter. See Appendix V, Section I, and the
Acts of Assembly passed March 26, 1785, Chapter 1145; April 19,
1794, Chapter 1754; April 4, 1798, Chapter 1995; April 12, 1828, P. L.
323; June 27, 1839, P. L. 515; April 21, 1841, P. L. 246; July 26,
1842, P. L. 430. ‘Repealed by‘ Act passed May 28, 1858, r. L. 622.

CHAPTER ~C(JLXIII.
-___—_
AN ACT TO RECTIFY PROCEEDINGS UPON ATTACHMENTS.
Whereas in the execution of a law of this province, entitled
“An act about attachments,”1 divers irregularities and fraudu-
lent practices havehappened, to the injury of such creditors
as were willing to accept of an» equal share of their debtors’ ef-
fects in proportion to their demand, and not have them wasted
in needless prosecutions, contrary to the true design of the said
act, Therefore, to prevent such practice for the future, may
it please the governor that it may be enacted:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with

1 Passed January '12, 1705-6, ‘Chapter 142.
22——H ' ~
40
I he Statutes at Large of Pennsylvania. [1 72 2—2 3
the advice and consent of the freemen of the said~ Province
in General Assembly met, and by the authority of the same,
That from henceforth no writ or writs of attachment shall issue
forth or be granted, before the person or persons requesting
the same, or some other credible person or persons for him or
them, shall, upon oath or afﬁrmation, declare that the defend
ant in such attachment is indebted. to the plaintiff therein
named in the sum of forty shillings, or more, and that the de-
fendant is and has been absconded from the place of his usual
abode for the space of six days, with design to defraud his cred-
itors, as is believed, and that the defendant has not left a clear
real estate in fee-simple within this province, sufﬁcient to pay
his debts, so far as such plaintiff or deponent knows or believes.
Which oath or afﬁrmation the ofﬁcer that grants such writs is
hereby empowered and required to administer, and to ﬁle the
same in. the court to which the said attachment is returnable.
And if any attachments be granted or issued out otherwise, or
contrary to the true intent and meaning hereof, the officer or
person so granting the same shall, for every such offense, for-
feit the sum of ﬁve pounds; the one-half for the use of him
or her that will sue for the same, the other half to the gover-
nor, for the support of government.
[Section 11.] And be it further enacted by the authority
aforesaid, That all writs of attachments to be issued out as
aforesaid shall be directed to, and served by, the sheriff or cor-
oner of the proper county; who shall attach all the lands,
goods, chattels and effects, whereof the defendants, in every of
the said writs named, were possessed or reputed owners at the
time of their absconding, in whose hand soever the same can be
found; and that all the said chattels and effects, attached by
virtue of such writs, shall forthwith be appraised, inventoried
and secured, by the officer who executes the writs, in such
hands as he shall answer for.
And if any of the defendant’s money, or other effects, happen
to be garnisheed in other hands, the same shall also be attached,
and the garnishees obliged to appear and answer at the return
of such writs, and be proceeded against in such manner as by
the above-cited act is directed.
vI 72 2-'2 3] T he Statutes at Large of Pennsylvania.
341
Provided always, That no second or other attachment shall,
under the penalty aforesaid, be issued against or served upon
the estate or effects of the same defendant, unless the ﬁrst at-
tachment be not executed, or happens to be dissolved by the
court.
[Section 111.] And be it further enacted by the authority
aforesaid, That as soon as the justices of that court, where
the said writs of attachments are returnable, accept the ofﬁ-
cer’s return thereof, they are hereby empowered and required
‘to nominate and appoint three honest and discreet men to
audit the accounts of all the defendant’s creditors, and to ad-
just the demands not only of the plaintiﬁs in those attach-
ments, but of all the rest of the defendant’s creditors, and set-
tle their shares or proportions of the defendant’s whole estate,
real and personal, and make true report of their proceedings
therein to the justices of the court next after such appoint-
ments; which justices are hereby empowered and required to
allow reasonable fees to the said auditors, out of the goods or
eﬁects attached as aforesaid, as a, reward for their trouble.
And for the better discovery of the fraudulent practices of
the said defendants, it shall be lawful for the auditors, so as
aforesaid to be appointed, or the major part of them, to ex-
amine such persons as they shall think ﬁt, upon interrogatories
or otherwise, on oath or afﬁrmation (which they are hereby‘
empowered to administer), touching the lands, tenements,
goods, chattels or eﬁects of the said defendants, and such other
things as may tend to disclose their estates, or their secret
grants, and alienating of their effects. And that the said
auditors may, by warrants under their hands and seals, cause
to be broken open any house, chambers, shops, warehouses,
doors, trunks or chests of the said defendants, where their
goods or effects shall be, or reputed to be, and seize the same
for the use of their creditors.
[Section IV.] And be it further enacted by the authority
aforesaid, That it shall and may be lawful to and for the said
.auditors, or a majority of them, to make sale and assurance
of all the lands and tenements, goods and chattels, belonging
to such defendants, or otherwise to order the same for satisfac—
34
The Statutes at Large 0f PennsyZr/anza. 7'22—23
tion of their creditors, ratably, according to the quantity of.
their respective debts; and that every direction, bargain, sale
or assignment, done by the said auditors concerningthe prem-
ises, pursuant ‘to this act, shall be good and effectual in law
against the said debtors, their heirs, executors and assigns.
And that it shall and may be lawful for a majority of the said
auditors to grant and assign, or otherwise to order or dispose
of all or any of the debts due, or to be due, to and for the beneﬁt
of the said defendants, to the use of their creditors. And that
the same grant, assignment or disposition of the said debts so
to be made, shall vest the property, right and interest thereof
in the person orpersons ‘of him, her or them, to whom it shall
be so granted, assigned or ordered by the auditors; so that
such assignees may sue for and recover the said debts in their
own names, and detain the same to their own use. And that
after such grant, assignment or disposition, made of) the said
debts, neither the said defendants nor any other to whom such
debts shall be due, shall have power to recover the same, nor to
make any release or discharge thereof.
Provided always, That the persons nominated as auditors
shall give [public] notice, thirty days before the sale or dis-
position of such goods or effects as aforesaid, by a public ad-
vertisement in the Weekly Mercury, or afﬁxed on the doors of
the respective court-houses of this province‘.
And if the said defendants have heretofore granted, con-
veyed or assured, or shall at any time hereafter grant, convey '
or assure, any lands, tenements, hereditaments, goods, chattels
or other estate, unto any person or persons, upon condition or
power of redemption at a day to come, by payment of money,
or otherwise, that it shall and may be lawful to and for the
said ~auditors, or a majority of them, before the time‘ of per-
formance of such condition, to assign and appoint, under their »
hands and seals, such person or persons as they shall think ﬁt,
to make tender or payment of money, or other performance,
according to the nature of such condition, as fully as the said de-
fendants ought to have done. And that the said auditors shall,
after such tender, payment or performance, have power to sell
and dispose of such lands and other estate, so assured upon con-
dition, to and for the beneﬁt of the creditors as aforesaid.
I 72 2—2 3] I T lze Statutes at Large of Pennsylvania.
343
Provided always, That the overplus of the said debtors’ es-
tates (if any be), after all their debts and lawful charges are
deducted, shall be returned to such debtors, their executors'or
administrators, anything herein contained to the contrary not-'
withstanding.
[Section V.] Provided also, That nothing in this act con-
tained shall be deemed to repeal or disannul anything in the
law entitled “An act about attachments under forty shillings,”1
anything herein to the contrary notwithstanding.
[Section VI.] Provided always, That nothing in this act con-
tained. shall be construed, deemed or taken to exempt the
goods or effects of any person or persons, not inhabitants of
this province, from being attached according to the directions
of an act of General Assembly of this province, made in the
fourth year of the late Queen Anne, entitled “An act- about at-
tachments,” anything in this or any other act contained to the
contrary hereof in anywise notwithstanding.
Passed March 2, 1722-23. Allowed 'tO become a law by lapse of
time in accordance with the proprietary e'hlairter. See Appendix VI,
Section I, and the Acts of Assembly passed January 22, 1774, Chap-
ter 693; September 28, 1789, Chapter 1445, supplied and repealed by
the two Acts of Assembly pass-ed June 13, 1836, ‘P. L. 580 and 606.

CHAPTER OOLXIY'.

AN ACT FOR RESPI'DING EXEIGU‘TION'S UPON CERJTA'IN OF COURTS IN THIS PROVINCE.
Whereas through the scarcity of money and that the paper
currency intended to be emitted necessarily requiring a longer
time for the settling of it have put a damp upon public credit
and embarrassed the affairs and commerce of this province,
so that divers [persons] endeavoring to get in their eﬁects to an-
swer their necessary occasions were obliged to sue their debt-
ors, who, having demands upon others, took the like measures
with them, so that law-suits are exceedingly multiplied and

1 Passed October 28, 1701, Chapter 108.
T he Statutes at Large of Pennsylvania. [1 722—23
executions like to be taken out against the principal debtors
and their sureties to the great damage if not ruin of some be-
fore they can possibly convert their estates into such specie as
may satisfy their creditors. For prevention whereof, may it
please the governor that it may be enacted:
[Section 1.] And be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That no
execution or executions shall be issued forth before the twenty-
ﬁfth day of June, which will be in the year of our Lord one
thousand seven hundred and twenty-three, upon any judgment
or judgments obtained or to be obtained and rendered against
any person or persons whatsoever for any debt, damages or
costs. And where any writ or writs of execution have been
heretofore awarded and issued forth against the bodies of any
that have given special bail to the actions whereon those writs
are founded, or are owners of land in fee-simple within- this
province, to the value of the debts or damages contained in
such writs, and are ready and willing to sell or mortgage the
same for payment thereof, the sheriﬁs and other ofﬁcers to
whom such writs were or are directed, shall, from and after the
publication of this act, forbear. And they are hereby required
to forbear and stop the serving or executing thereof until the
same be again renewed. And for so doing the said sheriffs and
ofﬁcers are hereby indemniﬁed and shall be excused and for
ever acquitted by the courts of judicature where they may be
sued or questioned for not returning such writs executed.
[Section II.] And be it further enacted by the authority
aforesaid, That from and after the said publication of this act
all executions whatsoever shall stay and by proper entries
(upon record where the respective judgments which warrant
the same are or ought to be entered) shall be respited until the
said twenty-ﬁfth day of June next ensuing, and that then or at
any time afterwards the respective courts shall issue forth
such executions upon the said judgments as the law directs in
the like cases. And that all the said judgments upon which
executions are to be stayed as aforesaid shall have relation to
the days and times when the same were respectively entered,
I 722—23] The Statutes at Large of Pennsylvania.
345
and shall, notwithstanding this act, bind the estates of the de-
fendants therein named, their heirs, executors and assigns,
.as effectual andin like manner as the same would have done
before the making of this act.
Provided always, That nothing herein contained shall be
deemed, adjudged or taken to annul or invalidate any judg-
‘ments, rendered or to be rendered, in any case whatsoever, or
to discharge or avoid any bail given or bail-piece entered into
or recognizance of bail acknowledged in any action or cause
whatsoever. But that all and every of them shall remain in
the same force and have the like eﬁect as if this act had not
been made.
Provided also, That notwithstanding this act, it shall and
may be lawful for any of the defendants in the abovesaid
judgments to render their bodies to prison in discharge of their
bail, as is usual in such cases.
Provided always, That where judgment is obtained upon
summons and no bail or other security has been given, the de-
fendant in such action shall, on demand of the plaintiff or his
attorney, be obliged to give special bail, or otherwise an execu-
tion may issue against the said defendant, anything in this act
to the contrary notwithstanding.
‘Passed March 2, 1722-23. Allowed to become a law by lapse :of
time in accordance with the proprietary charter. See Appendix
VI, Section I, and the Acts of Assembly passed March 12, 1783,
Chapter 1008; December 23, 1784, Chapter 1123.

CHAPTER CCLXV.
AN AJC’T EoR V'ESTI'NIG THE LANDS AND LOTS COM‘MONILY CALLED
THE LANDs on THE FREE sooIETY or TRADERS IN PENNSYLVANIA,
IN TEusTEEs, To BE SOLD FOR ‘THE PAYMENT or S'UCH suM-s OF
MoNEY As wERE PAID INTO THE PUBLIC STOCK on THE SAID s0-
‘CIETY FOR HUEoHAsINe THE sAiD LANDS AND LoTs, AND CARRY-
ING oN THE TRADE DE-sreNED BY THE SAID soeIE'rY.
‘ Whereas it appears to the present House of Representatives-
of the freemen of this province in General Assembly met, that
William Penn, Esquire, late Proprietor of the Province of Penn-
346 '
7 Statutes at Large 0f Pennsylvanza. [1 722—2 3
sylvania, did by his deeds of lease and release [bearing date
the twenty-second and twenty-third days of March], in the year
of our Lord one thousand six hundred and eighty-one, grant,
a bargain and sell unto Nicholas Moore, James Claypoole, Philip
Ford, William Sharloe, Edward ‘Pierce, John Simcock, Thomas ,
Brasey, Thomas Barker and Edward Brookes, and to their heirs
and assigns forever, twenty thousand acres of land, parcel of
the said Province of Pennsylvania, with some lots of land in and
near Philadelphia, in trust for the Free Society of Traders in
Pennsylvania, and their successors:
And Whereas a great number of people, as members of the
said society, subscribed and paid in many large sums of money,
into the public stock of the said society, towards the purchasing
of the said lands, and carrying on a trade:
‘And whereas the said persons, subscribers, commonly called
the Free Society of Traders in Pennsylvania, having met
with sundry disappointments in' their trade, the aforesaid trus-
tees and their agents for upwards of twenty years last past de-
clined acting any further on account or in behalf of the said
subscribers. And those lands, part of the aforesaid twenty
thousand acres of land and lots, which are already surveyed and
located, are (for want of ‘some persons legally qualiﬁed to take
care of the same) entered upon, possessed and wasted by sundry
idle and ill-disposed persons, who are not only unjust in. their in» ~
vading the property of other persons, but also create much
trouble and uneasiness to the people who live near those parts
of the province where those lands lie:
And that part of the aforesaid twenty thousand acres of land
and lots which remains yet to be surveyed and located is be-
come of small value, forasmuch as the most convenient and
valuable lands are already appropriated to other persons, hav-
ing right to lands in the said province, and only more remote
lands remain unsurveyed:
And whereas a considerable number of the heirs or per-
sons legally representing the original subscribers, who paid
in their money to the stock, for the use of the said society, do
live and reside in this province, are deprived of any beneﬁt
which might arise to them from their respective rights and
~I 72 2—2 3] The Statutes at Large of Pennsylvania.
347
shares in and to the said lots and lands, whether surveyed or
unlocated by reason of the death of the said trustees, who had
lno power or took no care in their lifetime, or at the time of
their death, to appoint any person or persons to represent them
in the capacity of trustees. And that the whole interest will
be ruined and lost, and the aforesaid original subscribers, and
the persons claiming in their right, who paid in their money to
the said stock, will be defeated of their just demands, unless
they have the aid of an act of the general assembly of this
province, to vest the said lands and lots already surveyed and
located, and the right to the lands and lots not yet surveyed nor
located, in some persons in trust, with full power to sell and dis-
pose of the same, and to divide the money arising by such sale
equally among the persons having right thereunto:
May it therefore please the governor, at the humble suit of
Francis Rawle, John Wood, Joseph Shippen, Job Goodson,
Stephen Jackson, Joseph Pidgeon, Joseph Coleman, John Dur-
. burow, William Hearn and Charles Read, in behalf of them-
selves and the other persons interested in the said lots and
lands belonging or that did belong to the said society, whether
surveyed or unsurveyed, to vouchsafe that it may be enacted:
[Section 1.] And be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That
- all the lands, tenements and hereditaments, with their and every
of their appurtenance whatsoever, which the said persons, com-
monly called the Free Society of Traders in Pennsylvania, or
any of them, as members of the said society, or any person or
persons for their use or in trust for them, were seized or pos-
sessed or in possession, reversion or remainder, on the twenty-
fourth day of March, in the year of our Lord one thousand six
hundred and eighty-one, or at any time since, and all rights
which the said society had to any lands or lots not yet sur-
veyed in the said province, either in law or equity, at the time
aforesaid, or at any time since, be and are hereby actually
vested, settled and adjudged to be in. Charles Read, Job Good-
son, Evan Owen, George Fitzwater [and Joseph Pidgeon], of the
city of Philadelphia, merchants, and the survivors and survivor
The Statutes at Large of Pennsylvania. [1 7 2 2—23
of them and the heirs of the survivors of them, and that they and
the survivors-and survivor of them, and the heirs of the survivor
of them, or so many of them as shall accept of the trust, shall
and may have the beneﬁt of all rights of entry into the said lots,
lands, tenements and hereditaments, and every of them, which
are already surveyed or located, and into all the remaining
parts and parcels of the said land and lots not hitherto sur-
veyed and located. '
Provided always, That the trustees aforesaid, before they
enter on the execution of their said ofﬁce, shall take an oath or
afﬁrmation, before any two justices of the peace of this prov-
ince, and also enter into bond, with good and sufﬁcient se-
curity to the treasurer appointed by this act, in the sum of two
hundred pounds each, for the true performance of the trust re-
posed in them, to the best of their skill and ability.
Nevertheless upon trust and conﬁdence that they, the said
Charles Read, Job Goodson, Evan Owen, George Fitzwater [and
Joseph Pidgeon], or so many of them as shall accept of the
trust aforesaid, and the survivors and survivor of them and the
heirs of the survivor of them, shall have, hold and enjoy all
and singular the premises and every of them, subject to such
trust and uses as by this act is directed and appointed, and
shall dispose of the same accordingly.
Saving to all and every person and persons, bodies politic
and corporate, their heirs, successors, executors, administra-
tors and assigns, and every of them (other than the said society
and all persons claiming under them or in their right), all such
estates, rights and interests which any such person or persons,
bodies politic or corporate or any claiming under them, have
or ought to have in or to the said lands, lots, tenements and
hereditaments [or] any of them.
[Section 11.] And be it further enacted, That the said Charles
Read, Job Goodson, Evan Owen, George Fitzwater [and Joseph
Pidgeon], or any three of them, and the survivors and survivor
of them, and the heirs of the survivor of them, shall have full
power and authority, and are hereby empowered and authorized
to convey the premises, or any part thereof, whether located
and surveyed or not surveyed, by bargain and sale or other-
wise, by good and sufﬁcient conveyance and assurance in the
I 7 2 2-2 3] The Statutes at Large 0f Pennsylvania.
349
law, to any person or persons whomsoever, in fee-simple or
otherwise, for such sum or sums of money as shall be con-
tracted for between the said trustees and the persons purchas-
ing the same.
And that'all bargains, sales, conveyances and assurances
made of the said lands, lots, tenements and hereditaments, or
any part thereof, by the said trustees in this act named, shall
be good and effectual in law to the purchasers, according to
their contract and agreement, to all intents and purposes.
, And all and every purchaser or purchasers of the premises,
or any part thereof, his or their heirs and assigns, shall have,
hold-and enjoy the premises that shall be by him or them so
purchased, discharged of all claims and_ trust whatsoever, to be
made by or in right of the said society or any of them by any
‘person or persons whatsoever.
To be holden nevertheless of the proprietor of the province
of Pennsylvania, his heirs and successors, under the proportion-
able part of the rents at ﬁrst reserved on the same lands.
[Section 111.] And be it further enacted by the authority afore-
said, That the aforesaid trustees and every of them, their heirs,
executors and administrators, and the survivors and survivor of
them, and their executors and administrators, shall pay unto
Francis Bawle, of Philadelphia county, gentleman, the moneys
arising by sale of the said lands, lots, tenements, hereditaments
and premises, or any part of them, which said Francis Rawle
is hereby constituted and appointed to be treasurer for the re-
ceiving, dividing and paying the moneys aforesaid, to such per-
sons and in such manner as by this act is directed and ordered.
[Section IV.] And it is hereby further ordained, That the said
Francis Bawle, before he enters upon his ofﬁce of treasurer, and
within two months after the end of this session of assembly,
shall enter bond, with good and sufﬁcient securities, to the
register-general of this province for the time being, in the sum
of three thousand pounds, withcondition to execute the said
ofﬁce and trust of treasurer for the purposes and according to
the uses and directions of this act, which bond shall be re-
corded in the rolls ofﬁce at Philadelphia, and the original bond
lodged with the clerk of the Orphans’ court for the city and
county of Philadelphia, and remain in full force against the
350
T he Statutes at Large of Pennsylvania. [1722—23
said treasurer and his heirs until the said treasurer shall make
the ﬁnal division and distribution of the money or other se-
curity received by virtue of this act, and also lay his accounts
thereof before the justices of the Orphans’ court; which ac-
counts being approved and allowed of by the said court the
said obligation shall become void and be delivered up and can-
celed. ‘
And the said treasurer for the time being is hereby fully
empowered and authorized to call the said trustees and every
of them, their heirs, executors and administrators, to account
for all such sum and sums of money and other securities, which
they or any of them shall at any time take or receive for or on
account of the sale of the aforesaid premises or any part thereof,
and for the non-payment of any sum or sums of money, or not de-
livering of any bond or other security by the aforesaid trustees
or any of them, who shall receive or take the same for the sale
of any of the said lots or lands, the said treasurer is hereby en-
abled and required to sue for‘ the same in his own name, by
action of account or otherwise for so much money received for
the use of the persons interested in the said society. And on
payment of the said moneys or any part thereof to the treas-
urer aforesaid, his receipt for the same shall be a sufﬁcient
discharge for so much to the said trustees, their heirs, execu-
tors and administrators, against all person or persons whatso-
ever, claiming or to claim any right, share or interest in the
aforesaid lands and premises, or any part thereof.
[Section V.] And it is hereby further ordained, That in case
of the death or misbehavior of the said treasurer, before the
said lands and [premises] be sold, or the money divided and dis-
posed of according to the directions ofthis act, that then the
said trustees, and the survivors and survivor of them, and the
heirs of the survivor of them shall, together with the justices
of the Orphans’ court for the city and county of Philadelphia,
nominate and appoint some other discreet, honest person to
execute the said ofﬁce and trust of treasurer, who‘ shall give
the like security, and in the same manner, and so tottes quot/lies
as any treasurer appointed by this act shall die, or be removed
as aforesaid, before such division and distribution as in this act"
is directed. Which said treasurer, when so elected, and se-
I 722*23] T/te Statutes at Large of ‘Pennsylvania.
35I
curity given for the discharge of his ofﬁce and trust as afore-
said, shall and is hereby vested with the same powers and shall
be subject to the same rules and directions as is in this act
limited and expressed, touching or concerning the execution of
the oiﬁce and trust of treasurer.
And that such actions of account may be brought and main-
tained by such succeeding treasurer against the heirs, execu-
tors or administrators of any former treasurer, for all such sum
and sums of money or other securities as such former treasurer
had received or taken for or on account of the sale of any of the
lots or lands aforesaid, and shall not have disposed of ac-
cording to the directions of this act.
» And that a due improvement may be made of the moneys
arising or that may arise by sale of the aforesaid lots, lands
and premises for the interests of all the persons having right
to the same:
[Section VI.] Be it enacted, That the said trustees, or any three
of them, and the survivors and survivor of them, and the heirs of
the survivor of them, shall forthwith proceed to the sale of the
said lots, lands and premises, with the appurtenances, and every
part thereof, in such quantities as will best and most readily
sell, and for the best prices as the same can be sold for. And
» that all bonds, bills and other securities taken by the said trus-
tees, or any of them, for the payment or securing of any sum or
sums of money, for which any of the premises shall be sold,
shall be taken in the name of the treasurer for the time being,
for the use of the persons having right to the same as members
of or persons interested in the said society, or those claiming
lawfully under them.
‘And to the intent that an equal, just division and distribution
may be made of the moneys that shall or may arise by the sale
of the said lands, lots and premises, among all the persons hav-
ing right to the same:
[Section VII.] Be it enacted, That no division or distribution
of the said moneys or any part thereof, shall be made among
the persons claimin'g right to the same, before the twenty-ﬁfth
day of March, which will be in the year of our Lord one thou-
sand seven hundred and twenty-ﬁve.
The Statutes at Large ey‘ Pennsylvania. _ [I 72 2—23
And that in the meantime the aforesaid trustees, or some of
them, shall cause the time, place and manner of the several
dividends or distributions directed to be made by this act to be
advertised in the London Gazette, and in the American Mer-
cury, published at Philadelphia, or some other public print
here and in Great Britain, as soon as with conveniency it can
be done, once every month for the space of at least twelve
months successively, thereby giving notice to all persons who
have or do legally represent any persons who paid any part of
their subscriptions into the stock of the said society, and have
not received such money or other consideration for the same,
to appear by themselves or their agents, with proper creden-
tials, proving their rights, at or before the time and place in
this act appointed for making the several distributions or divi-
dends in this act ordered to be made.
And to the end that all persons concerned may be the better
enabled to make out their just claims to their respective shares
of the moneys arising by sale of the said lands and lots:
[Section VIII] Be it enacted, That the books of accounts
and papers, formerly belonging to the said Society of Free Trad-
ers, so far as the same shall appear to be genuine, shall be ad-
mitted as evidence in any court of law or equity within this
province, to prove the sum or sums of money paid into the stock
of the said society, or to any person for the use of the said
society. And that the said books and papers, belonging to the
said society shall remain in the hands and custody of the clerk
of the Orphans’ court, at ‘Philadelphia, for the time being, liable
at all times to the inspection of the treasurer appointed by this
act. And that all persons may have recourse to the same, to
prove or make out their several claims to their rights in the
said lands and lots, and the moneys arising by the sale of the
same. And the said clerk of the Orphans’ court shall take for
each search the sum of twelve pence, and no more.
[Section IX.] And be it further enacted, That for the more
easy and speedy proof of the several claims and demands of the
persons having right to any part or share of the said moneys
for which the said lands and lots shall be sold, it shall and may
be lawful for the party or parties so claiming, either in their
own right, or in the right of another, to exhibit their demand or
I 72 2—2 3] v The Statutes at Large of Pennsylvania.
be
claim before the justices of the Orphans’ court or any ﬁve of
them, in court at Philadelphia, having ﬁrst given notice to the
treasurer for the time being of the time and place of his or their
appearing, to prove such claim, together with the sum demand-
ed, and in whose right the same is claimed.
And if the said justices shall then and there allow of the
claims or demands made by such claimant, he, she or they shall
have a certiﬁcate of the time and place of the proof and allow-
ance of such claim, under the hand and seal of the clerk of the
said. court, for which the clerk shall receive one shilling, and no
more. Which certiﬁcate shall be good proof to enable the per-
son to whom such certiﬁcate shall be given, his executors, ad-
ministrators or assigns, to receive the sum or sums of money so
proved and allowed by the justices aforesaid, or such part
thereof as shall of right belong to such person upon the mak-
ing of the several dividends ordered to be made by this act,
which dividends shall be made in the following manner: (That
is to say) the said treasurer shall on the twenty-ﬁfth day of
March, which will be inthe year of our Lord one thousand seven
hundred and twenty-ﬁve, at the court house or city hall in
Philadelphia, lay his account of the moneys and interest, with
' other securities by him received for and on the account of the
sale.of the said lands'and lots, before the justices of the Or-
phans’ court, or any ﬁve of them in court. As also an account
of his disbursements and expenses laid out in the execution-
and vdischarge of his trust. And shall likewise exhibit the
account of claims made [or] that shall appear to be due by the
said society’s books and papers, and allowed of by the said
justices, or other sufﬁcient proof allowed of by the Orphans’
court aforesaid. And after allowancevmade to the said treas-
urer of the sums of money by him and the trustees aforesaid
disbursed and expended in the execution of the trust aforesaid,
and the salary of ﬁve per cent in the whole, for receiving and
paying, allowed him by this act, the said justices, together
with the treasurer and trustees, if they will be present, ‘shall
proceed and make an equal dividend of all the moneys then re-
maining in the treasurer’s hands, both principal and interest,
to and amongst the persons having right to the same, in pro-
354
T he Statutes at Large of Pennsylvania. [1 722-‘2,3
portion to their respective shares, paid into the original stock.
And after such dividend made as aforesaid, the said treasurer
for the time being, his heirs, executors and administrators,
shall proceed and forthwith make payment to the several
' claimants who shall appear to receive the sums allowed them
in the dividend aforesaid. And the parts, shares or sums that
shall appear to be due to any person or persons who are not
present or do not appear in their own persons, or by their law-
‘ ful representatives, at the time of making the dividend afore-
said, shall remain in the treasurer’s hands, to be paid to the
several claimants having right there-unto when they shall ap-
pear to receive the same, at any time before the twenty-ﬁfth
day of March, which will be in the year of our Lord onethou-
sand seven hundred and thirty.
[Section X.] And be it further enacted by the authority afore-
said, That all the moneys arising by sale of the said lands and
lots, both principal and interest, and remaining in the said
treasurer’s hands on the said twenty-ﬁfth day oLMarch, in the
year last mentioned (after allowance and deduction made of all
necessary charges and commissions allowed to be paid by this
act) shall then be equally divided to and amongst all the per-
sons appearing by themselves or lawful representatives, in pro-
portion to their respective shares paid into the original
stock by the persons appearing or those under whom they
claim, at the same place and in the same manner as the ﬁrst
dividend is before ordered to be made. .
[Section XL] And be it further enacted, That if the treas-
urer appointed or to be appointed by virtue and according to
the directions of this act shall refuse and neglect to render his
account of moneys or other securities which he shall receive
for or on account of the sale of the said lands and lots or any
part thereof, at the times and places and in the manner directed
by this act, and make the dividends and distributions in man
ner hereinbefore directed, to the several persons having right
to the same, that in such case it shall and may be lawful to
and for the said claimants and every of them, severally, to bring
their actions of debt upon insz'm’al compatasset against such
treasurer, his heirs, executors and administrators, in any court
1722.-23] The Statutes at Large of Pennsylvania.
55
J
of record within ‘this province for the sums allowed them in
their certiﬁcates. * *
And if upon hearing of the cause it appears to the justices
of the court where the trial is had that the treasurer refused
to pay unto the said claimant his proportionable part of the
moneys falling to his share on the said dividend, the plaintiff
shall recover his debt of the moneys in the said treasurer’s
hands, and shall have judgment to recover the costs of the
proper goods of the said treasurer.
[Section XIL] And be it further enacted, That the said treas-
urer for the time being, and the said trustees and the survivors
and survivor of them, and the heirs of the survivor of them,
shall have power and authority and'are hereby authorized to
take into their assistance such learned counsel as the said
treasurer and trustees shall think ﬁt for the advising and as-
sisting them in the discharge of the trust reposed in~them by
this act, and to give such reasonable fees and make such al-
lowance to the said counsel as they shall think necessary.
Which said sums so laid out and expended, shall and are hereby
ordered to be allowed to the said treasurer and trustees, their
executors and administrators respectively. And that there
shall be paid and allowed by the said treasurer to the said trus-
tees, or to such of them as shall accept of and execute the trust
reposed in them by this act, the sum of ﬁve per cent amongst
them out of the moneys received for the sale of the said lands
and premises before any division or distribution be made of
such moneys, together with their necessary and reasonable
charges by them laid out and expended in executing the trust
aforesaid, to be allowed of by the justices of the Orphans’ court
aforesaid. And that the moneys already due for counsel and
other incident charges. accrued in obtaining this act, shall be
allowed by the trustees, and forthwith paid by the treasurer out
of the ﬁrst moneys arising by sale of the said lands, to such
person or persons to whom the same is or shall be due.
And to the end that no person may be injured by means of
this act:
, [Section XIIL] Be it enacted by the authority aforesaid, That
if any person or persons, who are settled upon and have im-
23—II
356
The Statutes at Large of Pennsylvania. [1 72 2—2 3,
proved any part of the lots or lands, commonly called the so-
ciety’s lands, and who at the time of such person or persons
seating upon or settling the same had a good and legal right
and interest in the lands belonging to the said society, ‘the
truth of which right or claim being at the request of the person
claiming proved before and allowed of by the justices of the
Orphans’ court aforesaid, or any ﬁve of them, within the space
of four months next after the publication of this act, in the
same manner as is before directed for the proving of claims,
then and in such case and not otherwise, the said lots or lands
shall be valued by the justices of the Orphans’ court aforesaid,
or any three of them, exclusive of the improvements made
thereon, by the persons having such interest as aforesaid. And
- after such valuation so as aforesaid made, the said trustees or
some of them shall give notice of the price or value of such
lots or lands so made and set by the justices aforesaid, to the
person seated upon the same, and who had an interest in the
lots and lands of the said society at the time of his or her ﬁrst
seating and settling thereon. And shall require such possessor
to pay to the said trustees the moneys at which the lots
and said lands shall be valued or otherwise give sufﬁcient se-
curity for the payment of the same to the [said] trustees, in the
name of the treasurer by this act appointed or to be appointed.
And upon such payment made or security given as aforesaid,
the said trustees, as in other sales enjoined to be made by this
act, shall execute to the said purchaser at his or her proper
costs and charges in the law such deed or conveyance as may be
sufﬁcient to vest the purchaser with an estate in fee in the said
lots and lands, with all buildings and improvements thereupon
erected and made. But in case. of neglect to prove such claim
or right within the space of four months after the publication
of this act, or in case of neglect or refusal to pay or give good
security for the value or price so set by the justices as aforesaid
within the space of one month after notice thereof given as
aforesaid, such possessor or claimer shall be utterly debarred
and excluded from any future claim or interest 'to the said lots,
lands and improvements. And the said trustees may and
hereby are empowered to proceed to sale of the same for the
‘I 7222-23] The Statutes at Large of Pennsylvania.
35 7
4,
best price they will yield, any proviso or other thing in this act
to the contrary notwithstanding.
[Section XIV.] Provided always, and be it further enacted,
That the said Charles Bead, Job Goodson, Evan Owen, George
Fitzwater [and Joseph Pidgeon], before they proceed by them-
selves or their assigns to take up any lands in right of the
aforesaid purchase made of the late proprietor, by the said
society, shall settle and adjust in the surveyor-general’s office
in this province a true and exact account of such lands as have
already been surveyed and laid out to the said society, and
shall pay or give sufﬁcient security to the receiver vof the pro-
prietor’s quit-rents for all such arrears as are or shall be at the
time of such settlement due upon the same. And the surveyor-
general of lands for the time being shall, in pursuance of the
warrants issued by the late proprietor and directed to the sur-
veyor-general then being, proceed to survey or cause to be sur-
veyed, to the said Charles Bead, Job Goodson, Evan Owen,
George Fitzwater [and Joseph Pidgeon] or their assigns the full .
remainder of the said twenty thousand acres which shall ap-
pear to be due to the said society upon such settlement, accord-
ing to ‘the established and usual methods heretofore practiced
for taking up of lands in this province and not otherwise.
Passed "March 2, 1722-23. Apparently never submitted to the
Crown for considerati on. 1

CHAPTER CCLXVI.

AN ACT DIRElOTI‘NlG ‘Til-IE PROCESS OF ‘SUMJMON S AlGAIN-ST FREE—
HOLDERS.
Whereas the manner of proceeding in civil actions lately used
against freeholders inhabiting this province has been [found]
inconvenient and discouraging to the said freeholders: for
remedy whereof: \
* [Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the ‘Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province [in
.58
T he Statutes at Large of Pennsylvania. [I 7 ZZZ-23
a
General Assembly met], and by the authority of the same,
That no freeholder inhabiting in this province shall be ar-
rested or detained in prison by any writ [of arrest] or capias ad
respondend’am in any civil action unless in the King’s case,
or where a ﬁne is or shall be due to the King, his heirs or suc-
cessors; but that the original process against such freeholders
shall be by summons under the hand and seal of one of the
justices directed to the sheriff or coroner, as the case may re-
quire, of the proper county, commanding him to summon the
defendant, the form of which summons shall be as follows:
These are in the King’s name to require thee, A. B., to be
and appear at the next county court to be held at '
on the —————- day of the
complaint of (J. D., and hereof fail not at thy peril. Given
under my hand and seal this day of the month,
in the year of the reign of over England, Annog'ae
Domini -—-—--.-— .


At which'day, if the defendant will not appear but. make
default, and the ofﬁcer to whom such writ shall be directed,
or his lawful deputy, doth certify to the court, upon oath or
afﬁrmation, that ten days before the day of the return ‘of such
writ he hath summoned the defendant and served him with a
copy of the plaintiff’s declaration, or left notice in writing, with
a copy of the declaration, at the defendant’s house, in the pres—
ence of one or more of the defendant’s family or neighbors, sig-
nifying that the defendant should be and appear according to
the contents of such summons; upon which return it shall and
may be Lawful to and for the plaintiﬁ in such action to ﬁle a
common appearance for the defendant so making default and
proceed to judgment and execution, which shall be as eﬁectual
in law as if such defendant had actually appeared and confessed
judgment, or suffered it to pass by nihz'l elicit. But if such free-
holder be at any time arrested, the writ, upon motion and proof
by the oath or solemn afﬁrmation of one or more credible per-
sons that the defendant is a freeholder within the intent and
meaning of this act, shall abate and costs shall be given to the
defendant by the court where such writ is depending or return-
able; for which costs the like remedy shall be had as in other‘
cases where costs by law are given to- defendants.
month next to answer the '
I 722—23] T he Statutes at Large of Pennsylvania.
. 359
Provided always, That nothing herein or in any other act
contained shall exempt any person or persons from being ar-
rested, or ‘shall debar any person or persons from taking out a
writ of arrestagainst any person or persons that has not been
a resident in this province for the space of two years and has
‘ not ﬁfty acres of land in fee-simple, clear of all incumbrances,
and ten acres thereof well cleared or improved, or a dwelling
house worth ﬁfty pounds lawful money of America in some city
or township within this province, clear estate as aforesaid.
Provided also, That no justice or other ofﬁcer shall sign or
grant a writ of arrest against any freeholderunless the plain-
tiﬁ or party requesting the same shall, upon oath or afﬁrmation,
declare that the defendant has not a clear real estate within
this province ‘sufﬁcient to satisfy all his debts, or that the de-
fendant is about to make sale of his estate, and intends to de-
part this province within the space of one month then next en-
suing, or otherwise has made or is about ‘to make some fraudu-
lent conveyance of his estate with intent to elude the payment
of his debts, or to defraud his creditors, as the deponent be-
lieves; the justice or oﬁcer so offending shall forfeit the sum
.of ﬁve pounds; which said oath or afﬁrmation to be adminis-
tered and taken as aforesaid, the justice or ofﬁcer granting
such writs is hereby authorized, empowered and required to
administer to such credible person or persons as shall request
the same, for the purposes aforesaid, and to ﬁle the same in the
court to which such writ is returnable.
[Section 11.] Provided always, and be it further enacted by
the authority aforesaid, That no member of assembly of this
province shall, during the sitting of the assembly, or within
fourteen days before and fourteen days after, be summoned,
arrested or taken in execution to answer any ‘civil action, debt
or demand whatsoever; but that every member, so taken or ar-
rested, shall, upon order for that purpose obtained from the
Speaker of the assembly for the time being, be forthwith dis-
charged. And the justice or oﬁ‘icer granting the same sum-
mons, writs or executions, within the time and against the per-
sons or members of assembly, as aforesaid, shall forfeit the
sum of ten pounds, and the sheriff or ofﬁcer serving the same
shall forfeit the sum of ﬁve'pounds.
T he Statutes at Large of . Pennsylvania. [1 72 2~23
Provided, That nothing herein contained shall be construed,
deemed or taken to annul,‘vacate or make void the judgments
obtained against any such members so discharged by the
Speaker’s order, as aforesaid, but ‘that the plaintiff or plain‘
tiﬁs therein may at any time afterwards (not excepted by this
act) renew his or their execution or executions as to them shall
seem meet, anything herein contained tothe contrary notwith-
standing.
[Section III.] And be it further enacted by the authority
aforesaid, That one moiety of all and every the forfeitures
arising by virtue of this act shall go to the governor for the
support of this government, and the other moiety to him or her
that will sue for the same, to be recovered in any court of
’ record within: this province by bill, plaint or information,
wherein no essoin, protection or wager of law, or any more than
one imparlance shall be allowed.
‘Passed March 30, 1722-23. Repealed by Act of Assembly passed
May 20, 1724-25, Chapter 285, and also by the King in Ciouncil July 3
5, 1726. See Appendix VI, Section I.

CHAPTER OOLXVII.

A. SUPPLEMENTARY ACT TO THE ACT ENTITLED, “AN ACT‘ FOR
EMITTINIG AN‘D MAKING CIURREN’T FIF‘T'EEN THOUSAND ‘POUNDS
IN BILLS OF CREDIT.” 1 . '
Whereas for good reasons an act of general assembly of this
province was made and published. this session of assembly,
entitled “An act for the emitting and making current ﬁfteen
thousand pounds in bills of credit,” and because of the dubious
construction of some words mentioned in. the said act, it is ap-
prehended the same will not answer the full intent for which
it was made.
Wherefore, for better explanation thereof, and to supply
any defects that may obstruct the good ends and purposes for
which the said act was made:

1 Passed March 2, 1722-23, Chapter 261.
I 72 2--2 3] 7/26 Smz‘utes a2‘ Large of Pennsylvania.
[Section 1.] Be it therefore enacted by Sir William Keith,
Baronet, Governor of the Province of Pennsylvania, &c., by
and with the consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
the receipts enjoined to be given to the trustees by the provin-
cial treasurer and the respective county treasurers of Philadel-
phia, Bucks and Chester, for the respective sums ordered to be
paid to them, in bills of credit, by the said act of assembly,
shall be deemed, taken and allowed to be good and sufﬁcient
discharges to the said trustees, their heirs, executors and ad-
ministrators, for the sums in bills of credit in the said receipts
mentioned to be received. And that after the aforesaid sum of
eleven thousand pounds, in the said bills of credit ordered to be
let out upon loan by the said act, shall be accounted for by the
said trustees, and sunk according to the directions of the act of
assembly, the aforesaid trustees, their heirs, executors and ad-
ministrators, and every ‘of them, shall from thenceforward
stand and forever be clearly discharged and acquitted of and
from all and all manner of securities, and other or further de-
mands to be had or made for anything by them done in dis-
charge and execution of the trust reposed in them by the said
act.
And whereas the said trustees are enjoined by the said act to
attend the loan office at Philadelphia two days in every week
for the ﬁrst six months after the date of the said bills, which
attendance may prove burdensome to the said trustees and of
no service to the public if all the said sum of eleven thousand
pounds in bills of credit should be let out upon loan in less
time than the space of six months:
[Section II.] Be it therefore enacted, That the attendance to
be given at the said general loan oﬁice, after all the said bills of
credit are let out upon loan, shall be at the discretion of the said
trustees; anything in the aforesaid act to the contrary in any-
wise notwithstanding.
[Section 111.] And be it further ‘enacted by the authority
aforesaid, That. Spanish pistoles, or any pieces of good coined
' gold, shall pass in this province at the rate of two pence three
farthings per grain, or ﬁve pounds ten shillings per ounce, in
T he Statutes at Large of Pennsylvania. [1 722—23
all payments whatsoever, and shall be accepted accordingly
in the general loan ofﬁce of this province; and that no person
shall exact any higher or other rates for the same under any
pretense whatsoever.
Passed March 30, 1722-23. Allowed to become a law by lapse of
time in accordance with the proprietary charter. See Appendix V,
(Section I.

CHAPTER COLXVIII.

AN ADDITIONAL ACT To THE AlCT ENTITLED “AN ACT FOR LAYING
‘AN EXCISE 0R DUTY oN ALL WINE, RUM AND OTHER SPIRITS
RETAILED IN THIs PR‘OVIINICEFI
Whereas in an act of assembly of this province, made in the
eighth year of the reign of his present Majesty, entitled “An
act for the laying an excise or duty on all wine, rum and other
spirits retailed in this province,” there is contained a clause or
proviso in the words following, viz.: '
Provided always, That nothing herein. contained shall be
construed to hinder or debar any taverner, public house keeper
or other person licensed, as aforesaid, to sell, vend or barter
wine, rum or other spirits by the cask or wholesale, or to retail
any quantity of wine, not less than a gallon, or any quantity of
rum or other spirits, not less'than a quart, duty free, so as the
same be not used, expended or drank in such public house or
tavern, or in any shed, shelter, yard, covert or other place be-
longing to the same.
By reason or means of which said proviso, the said act is ren-
dered less effectual to answer the good ends thereby proposed,
and the duty or excise thereby intended to be raised for the
better support of the government is~ very much lessened. For
[remedy] whereof:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
1 Passed May 12, 1722, Chapter 251.

I 72 2—2 3] The Statutes at Large of Pennsylvania.
363
That the same proviso shall be repealed, and the same pro-
viso and every part thereof is hereby to all intents and purposes '
repealed. And the said-recited act and every part thereof (the
clause or proviso hereinbefore repealed only excepted) ‘shall
remain, continue and be in full force, virtue, efﬁcacy and valid-
ity, to all intents, constructions and purposes, as if this act had
never been made. -
[Section II.] And be it further enacted by the authority
aforesaid, That if any person or persons whatsoever shall here-
after sell or barter any quantity of wine, rum, brandy or other
spirits, less than one gallon, without the governor’s license
for that purpose pursuant to the laws of this province ﬁrst had
and obtained, he, she or they so offending shall incur the pains,
penalties, ﬁnes and forfeitures which persons keeping public
houses without license are subject and liable to by the laws of
this province, any law or usage of this province to the contrary
notwithstanding. -
Passed March 30, 1722-23. Apparently never submitted to the con-
sideration ‘of the Crown. ‘See Appendix V, Section I, and the Act
of Assembly passed December 12, 1723, Chapter 276, and note
thereto. ' ‘

CHAPTER ooLx'Ix.

AN ACT FOR THE EN‘COURA‘GEMENT OF TRADE.
Whereas by an act of assembly of this province, made in the
eighth year of His Majesty’s reign, entitled “An act for laying
a duty on wine, rum, brandy, spirits, molasses, cider, hops and
ﬂax, imported, landed or brought into this province,” 1 the duty
of three pence per gallon is ‘laid on all rum and one penny per
gallon on all molasses imported into this province, which duties
are thought too burdensome, the present circumstances of
trade considered. For remedy whereof:
[Section 1.] - Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the '

1 Passed May 12, 1722, Chapter 249.
23*-II
364
The Statutes at Large of Pennsylvania. [1 722—2 3
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That
for every gallon of rum which shall be imported or brought
into any port or place within this province from and after the
publication of this act, there shall be paid the duty of two
pence, and no more, to be levied and paid in manner as by the
said act is directed touching the three pence per gallon duty
therein mentioned. And that from-and after the time afore-
said all molasses, which shall be imported in any ship or vessel
built or that hereafter shall be built in this province, shall be
duty free, anything herein or in the said-recited act contained
to the contrary notwithstanding.
And for the better encouragement of those that shall import
or bring gold or silver into this province: .
[Section 11.] Be it enacted by the authority aforesaid, That
ﬁfteen per cent shall be allowed by way of rebate or deduction
to all and every person and persons that shall pay the duty and
imposts on wine and rum [and molasses], imported as aforesaid,
in silver or gold.
Provided always, That before any such rebate or deduction-
shall be allowed, the party [or] parties requesting the same
shall, upon oath or solemn afﬁrmation, declare that all the gold
or silver, for which such rebate or deduction is to be made, was
really and bona ﬁde brought from the port where such wine and
rum and [molasses] were exported, or from some of the islands
of Madeira, or the West Indies, in the same bottom or vessel
with the wine, rum or molasses imported, for the duty of which
such silver or gold is to be paid, as aforesaid.
And the aforesaid allowance or deduction .of ﬁfteen per cent
shall be in full of all allowances or deductions made for prompt
pay, anything in this or in the said-recited act to the contrary
in anywise notwithstanding. '
[Section III.] And be it further enacted by the authority
aforesaid, That the ofﬁcer or collector of duties in and by the
said-recited act. appointed shall be the officer and collector of
the duties in and by this act imposed, and shall administer the
said oath or afﬁrmation to all and every person and persons
tendering payment in gold or silver, and requesting the rebate
1 722-23] T/ze Statnz‘es a! Large of Pennsylvania.
or deduction aforesaid; and shall, upon such payment in gold
or silver, made as aforesaid, allow the rebate or deduction
aforesaid, and shall so account for and ‘pay the same silver
or gold by him so received in specie, and no more, to- the treas-
urer of this province, on pain of forfeiting the sum of ten
pounds, to be recovered by bill, plaint or information in any
court of record in this province, and paid to the said treasurer
for and towards support of government.
[Section IV.] And be it further enacted by the authority
aforesaid, That from and after the publication of this act, all
and every person and persons whatsoever (except the inhabit-
ants of this province, and such who shall come into this prov—
ince with their families ‘and effects, with a design or on purpose
to settle here) who shall import into this province any goods,
wares, merchandises or servants (salt, pitch, tar, tobacco and
the produce of the Lower Counties and West Jersey excepted)
shall pay to the ofﬁcer or collector by this and the said-recited
act appointed for collecting the duties before mentioned, the
duty of three per cent on the sales of all and every the goods,
wares, merchandises and servants (salt, pitch, tar, tobacco
and the produce of the Lower Counties and West Jersey ex-
cepted) by them imported and sold in this province.
And for the better securing of the duties so to be paid by the
persons trading into this province, not being inhabitants there-
of, as aforesaid: '
[Section V.] Be it enacted by the authority aforesaid, That
. ‘all and every person and persons trading or that shall
trade into this province, not being inhabitants, as aforesaid,
upon his or their importing any goods, wares, merchan-
dises or servants (salt, pitch, tar, tobacco and the produce
of the lower Counties and West Jersey excepted) into
any port of this province, before the same are unloaded or
landed, shall by themselves, factors or agents, repair to the
collector or ofﬁcer aforesaid and deliver to him upon oath or
afﬁrmation (which the said ofﬁcer is hereby empowered to
administer) a true invoice or manifest of all the goods, wares,
merchandises or servants (salt, pitch, tar, tobacco and the pro-
duce of the Lower Counties and West Jersey excepted) by
366
The Statutes at Large 0f Pennsytvanza. [I722-2 3
them imported as aforesaid; and shall give security for or pay
the duty thereon imposed, as aforesaid, within the time limited
by the said-recited act, under the like pains, penalties, forfeit-
ures, seizures and restrictions, as the persons, goods, wares and
merchandises, in the said-recited act mentioned, are subject and
liable to, in cases of non-compliance with the said act, or any
part thereof.
And for the enabling the said ofﬁcer or collector to discharge
his duty in the premises, it is hereby declared that it shall and
may be lawful to and for the said ofﬁcer or collector and he is
hereby fully authorized and empowered to use, prosecute and
take all and every the ways, methods and means prescribed
and directed by the said act, for securing, levying, recovering,
collecting and receiving the duties therein mentioned, fully and
effectually to all intents, constructions and purposes whatso-
ever, for the securing, levying, recovering, collecting and re-
ceiving all and every the duties imposed by this act.
And the said collector shall have and receive of the said mer-
' chants, factors or agents, who are hereby enjoined to give se- '
curity to account and pay the duty as aforesaid, all such allow-
, ance for bonds as in the said-recited act is directed, and be al-
lowed ten per cent out of the moneys so collected, as afore-
said, upon his payment of the same to the provincial treasurer.
Provided always, That no person or persons shall be reputed
inhabitants of this province, within the intent and meaning of
this act, except such as have been residents in the said province
for the space of two years,- with his or their families, and have
at least ﬁfty acres of land in fee, twelve whereof improved, or a
dwelling house worth ﬁfty pounds in the said province.
Provided also, That no person or persons whatsoever, who
shall ship off any goods or merchandises, of the growth, product
or manufacture of this province, in return for the net proceeds
of the goods, wares and merchandises by him or them imported,
as aforesaid, or shall build any ship or vessel in this province to
the value of such proceeds (or have a rebate in proportion to the
country produce exported), shall be obliged to pay the duty
hereby imposed on traders not being inhabitants of this prov-
ince as aforesaid, anything hereinbefore contained to the con-
trary notwithstanding.
‘1722-72 3] Yﬁe Statutes at Large 0f Feazasylvarzza.
' Provided also, That nothing in this act contained shall be
deemed, construed or taken to repeal, alter or make void
the said-recited act, or anylpart thereof (except what is herein
and hereby expressly altered or made void), but that the same
act and every part thereof (except as before excepted) shall be
and remain in full force as if this act had never been made.
And that this act shall continue and be in full force till the
expiration of the said-recited act and no longer.
Passed March 30, 1722-23. Apparently never submitted to the
consideration of ‘the Crown. See Appendix V, Section I, and ‘the
Act of Assembly passed December 12, 1723, Chapter 276.

CHAPTER CGLXX.

AN ACT FOR RE‘GULA'TINIG AND ESTABLISHING FEES.
For preventing of extortion and undue exactions of fees by
the several ofﬁcers and practitioners of law in this province;
and to the end‘ that all fees may be limited and reduced to cer-
tainty: A .
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
‘the advice and consent of the freemen of the said Province in
I General Assembly met, and by the authority of the same, That
the fees of-the several ofﬁcers and practitioners of law in this
province shall be as hereinafter is ascertained, limited and
appointed, viz.: '
That the fees belonging to the Keeper of the Great Seal of
this province shall be as follows, viz.: -
For affixing the; seal to the lieutenant-governor’s commis-
sion, to be paid by the public, ﬁfteen shillings.
For aﬂ‘ixing the seal to the keeper of the great seal’s commis-
sion, to be paid by the party, twelve shillings.
For aﬁcixing the seal to any body of laws passed in any session
of assembly, to be paid by the public, twelve shillings.
‘ For afﬁxing the seal to any copy of such body of laws sent home
for the royal assent, to be paid by the public, twelve shillings.
368
T/ze Statutes at Large 0f Pennsye’z/am'a. I: I 72 2—2 3
For affixing the seal to each private law for sale of lands and
hereditaments, to be paid by the party, six shillings.
For afﬁxing the seal to an exempliﬁcation of such laws, to be
paid by the party, ﬁve shillings.
For affixing the seal to the master of the rolls, commission, to be
paid by the party, ten shillings.
For afﬁxing the seal to every provincial judge’s commission,
to be paid by the public, six shillings. .
For affixing the seal to a commission of sheriﬁ of the city and
county of Philadelphia, to be paid by the party, eight shil-
lings.
For afﬁxing the seal to a commission of sheriﬁ of Bucks or
Chester, each, to be paid by the party, ﬁve shillings.
For afﬁxing the seal to a proclamation by the governor and
council,’ to be paid by the public, four shillings and six
pence.
For afﬁxing the seal to a commission of the peace, to be paid
by the county, four shillings and six pence. '
For aﬁxing the seal to the attorney-general’s commission, to
be paid by the public, four shillings and six pence.
For afﬁxing the seal to the secretary’s commission, to be paid
by the party, four shillings and six pence.
For affixing the seal to the surveyor-general’s commission, to
‘be paid by the party, four shillings and six pence.
For affixing the seal to a commission for clerk of the county of
Philadelphia, to be paid by the party, ten shillings.
For a'ﬁ‘ixing the seal to‘ a commission for clerk of Bucks or
Chester, to be paid by the parties, ﬁve shillings.
For afﬁxing the seal to the register-general’s commission, to be
paid by the party, ten shillings. -
For afﬁxing the seal to each coroner’s commission, to be paid by
the party, four shillings.
For afﬁxing the seal to a charter for a city, to be paid by the
party, twenty shillings. ’
For afﬁxing the seal to a charter for ‘a borough or town, to be
paid by the parties, ten shillings. ,
For aﬂixing the seal to the proprietor’s receiver-general’s com-
mission, to be paid by the party, four shillings and six pence.
I 7224-2 The Statutes at Large 0f Pennsy/nanza.
369
_ For affixing the seal to any single law (other than private acts)
passed in any session of assembly, four shillings and six
pence. .
For aﬁ‘ixing the seal to a special commission, to be paid by the
public, four shillings and six pence.
For affixing ‘the seal to each patent for land or lots, to be paid
by the party, four shillings and six pence.
And that the fees belonging to theMaster of the Rolls shall
be as follow, viz.:
For recording the laws of the province, in a fair, close hand,
including a parchment or book, for every line, not less than
twelve words, one with another, one halfpenny.
For exempliﬁcation or copying of all laws under the seal, for
the royal assent, or for the several counties of this province,
one halfpenny.
For recording, exemplifying or copying all patents, commis-
sions, proclamations and other instruments, for each line, as
it stands recorded as above, one halfpenny.
For recording deeds, writings and things appertaining to the
enrollment office, be ﬁnding paper or parchment, for each
line, as aforesaid, one halfpenny.
For a copy or exempliﬁcation of any record in the said oﬂice,
as it stands recorded, for each line, one halfpenny.
For searching any roll or record, one shilling.
For indorsement of certiﬁcate on each deed proved or acknowl-
edged, and his hand and seal thereto, one shilling and six
pence. '
And that the fees belonging to the Justices of the Supreme
Court shall be as follow, viz.: _
For allowing and signing the alloeatw" of every eertz'oram', for
removing of indictments, orders, &c., four shillings.
For-every cause brought into court by oertiomri, or writ of
error, six shillings. '
For taking bail to prosecute a acetic/ram‘, two shillings.
For judgment on every writ of error, nolle prosegni, or other
matter, to the bench, six shillings.
For [every] rule of court, imparlance, continuance, by advise
ment or otherwise, two shillings.
70
T he Statutes at Large of Pennsylvania. [I 72 2—23
And that the fees belonging to the Governor’s Secretary, or
Clerk of the Council, shall be as follow, viz.: >
For reading and entering every petition to the governor and
council, for laying out high-roads, two shillings.
For entering their order thereupon, for. laying out the road,
and entering the return thereof when laid out, four shillings
and six pence.
For a copy thereof, if required, three shillings.
For reading and entering every other petition, and the order
or answer thereof, two shillings.
For a Mediterranean pass, or let-pass, if required, each, three
shillings. ‘
For a register of every vessel, four shillings.
For writing of the provincial judge’s commission, or for trial
of negroes, each, ﬁve shillings. )
For general commissions of the peace, to be paid by the county,
ﬁve shillings. _
For a single commission for a justice or coroner, to be paid by
the county, four shillings and six pence.
For a single commission for sheriff or clerk, to be paid by the
party, six shillings.
For a warrant under the lesser seal to afﬁx the great seal to
any body of laws or single law passed here, provincial judge’s
commission, commission of the peace or any other commis-
sion, proclamation or other public instrument, each, two shil-
lings and six pence. ‘ -
For the like for a pardon, to be paid by the party, four shillings.
And that the fees belonging to the Proprietary’s Secretary
shall. be as follow, viz.: _
For every warrant of land, directed to the surveyor, two shil-
lings.
For every patent for land, to be in parchment, seven shillings
and six pence. .
For every recital of transference, or mentioning more tha
one tract or parcel of land, nine pence each;over and above
the said, seven shillings and six pence.
And that the fees belonging to the Attorney-General shall be
as follow, viz.:
I 72 2—23] T/za iS‘z‘az‘az‘es at Large 0fPe1msy/vam'a.
For every capital cause, where life is concerned, twenty-four
shillings, for the whole prosecution, to be paid by the party.
And if not found by the grand inquest, twelve shillings, to be
‘ paid by the county.
For every other matter by bill of indictment, six shillings.
And that ‘the fees belonging to the Sheriﬁ of every county of
this province shall. be as follow, viz.: -
For serving every writ [of arrest], and taking into custody, four
shillings and six pence. I
For serving a summons, three shillings.
For return of a summons, arrest or attachment, one shilling.
For delivery of a copy of a declaration, one shilling.
For every bail-bond, two shillings and six pence.
For traveling charges forevery mile, two pence.
For summoning or serving a witness with a subpoena, besides
_ mileage, nine pence. '
For summoning and returning a jury in every cause where issue
is joined, two shillings.
For returning an execution for land, six shillings.
For returning an execution for goods and chattels, one shilling
and six pence. '
For serving an execution and selling the lands or goods exe-
cuted or delivered to the creditor, and returning the Wild??-
tz'om' eaponas or Ziberam'facias, for any sum not exceeding
one hundred pounds, six pence per pound. If above one hun—
dred pounds, three pence per pound, and no more. And that
no poundage be paid for more than the real debt or damage
' due to the plaintiff named in the execution.
For the turnkey’s fees to be paid upon the discharge of a pris-
oner, two shillings and six pence. But if upon a debt under
forty shillings, nine pence.
For executing writs of inquiry of damages, attesting the jury
and making return thereof, nine shillings.
For executing every writ of inquiry, and all writs or orders of
partition of lands or tenements, attesting the jury for any
matter or thing to be done by him about such partition, and
making return thereof, twenty shillings. But if the business
of the partition exceed what the jury can perform in one day,
then the sheriff, for every day more that he shall attend on
Zé—II
T/ze Statutes at Large of Pennsyt'vanza. [I 722--23
the jury about the said partition, shall have six shillings per
diem.
For every judgment in civil causes, one shilling.
For assigning every bail bond, one shilling and six pence.
For every criminal cause, ten shillings.
For every capital cause, twenty shillings.
For levying ﬁnes, forfeitures and amercements estreated and
paid to the treasurer, six pence per pound, to be allowed by
the treasurer out of the same.
And that the fees belonging to every Coroner of the counties
of this province shall be as follow, viz.:
For viewing a dead body, ten shillings. .
For summoning the inquest, entering the verdict, and returning
the inquisition, ten shillings.
For summoning or arresting the sheriff, or any other person
for him, four shillings and six pence.
For traveling charges, each mile, two pence.
And that the fees belonging to the Justices of the Peace shall
be as follow, viz.:
For writing, signing and sealing every warrant, mittz'm'as,
recognizance, certiﬁcate pass or other instrument, one shil-
ling and six pence. _
For signing every attachment, arrest or summons, one shilling.
For taxing every bill of costs, and signing every judgment of
court, one shilling.
For every continuance, one shilling.
For every judgment of court, upon confession, default, nolle
prosegni or otherwise, bench-fees, four shillings.
For signing and sealing every judicial writ, one shilling.
For respiting every recognizance, six pence.
For writing the assignment of a servant, signing it and keep-
ing a record thereof, two shillings.
For taking a deposition or aﬁdavit out of court, one shilling.
For every warrant of summons, capias or attachment and exe-
cution for demand under forty shillings, each nine pence.
For every judgment for such debt or demand, nine pence.
And that the fees belonging to the Prothonotary or Clerk of
the Supreme Court shall be as follow, viz.:
1 7122-23] T he Statutes at Large of Pennsylvania.
373
For entering every action or cause there, one shilling.
For ﬁling the errors assigned in every cause, one shilling.
For every retraan't, discontinuance or quashing of a writ of
error, one shilling.
For entering every appearance, one shilling.
For ﬁling and entering any demurrer, plea, replication and
every other subsequent plea and issue, one shilling and six
pence.
For calling the jury and attesting them, one shilling and six
pence.
For attesting each witness in every cause, nine pence.
For recording every verdict, one shilling and six pence.
For recording every judgment, one shilling.
For entering every continuance, one shilling and six pence.
For entering the arrest of judgment, one shilling and six pence.
For entering every warrant of attorney, committatw' or rule of
court, one shilling.
For reading the record, which is all the proceedings below and
above, two shillings.
For every nolleprosegni, one shilling.
For ﬁling a declaration, one shilling and six pence.
For reading every a'fﬁdavit, nine pence.
For acknowledging satisfaction upon record, one shilling and
six pence.
For every subpoena to give evidence, one shilling and six pence.
And that the fees belonging to the Clerk of the Court of Gen-
eral Quarter-Sessions of the Peace and Gaol Delivery in every
county and city of this province shall be as follow, viz.:
For every warrant of the peace or behavior, requiring to bring
sureties, if drawn by the clerk, nine pence. _
For every common warrant, subpoena or mittimns, if drawn by
the clerk, nine pence.
For every deposition upon examination, if written by the clerk,
nine pence.
For every recognizance, if drawn by him, nine pence.
For every indictment of felony, trespass, assault, battery, riot,
&c., if drawn by the clerk, three shillings.
For a copy thereof, one shilling.
374
The Statutes at Large oj‘Pennsj/Zvarzza. [1 722-23
For entering appearance to every judgment or information,
nine pence.
For discharge of every person, upon bail for the peace, good
behavior, contempt or the like, with a warrant of discharge
thereon, one shilling.
For awarding and making out process against the defendant
upon an information or indictment, one shilling.
For discharge of every indictment upon ignommus, nine pence.
For every plea of not guilty, nine pence.
For entering every special plea or demurrer, one shilling.
For entering every submission, nine pence.
For calling the jury and attesting them, nine pence.
For attesting each witness in every trial, four pence.
For entering every verdict, nine pence.
For entering every judgment, nine pence.
For a copy of every judgment, six pence. .
For every judicial writ in criminal cases, two shillings and six
pence. '
For respiting a recognizance, nine pence..
For every writ of restitution, two shillings.
For drawing and entering every order of sessions, nine pence.
For copying every order of sessions, nine pence.
For reading and entering every'petition, nine pence.
For entering the return at large of a road laid out, two shillings
and six pence.
For a copy thereof, for every sheet, containing thirty lines and
twenty words in a line, two shillings.
For making out the estreats for levying ﬁnes and forfeitures of
each session, one shilling. ' '
For entering similz'ter to join issue, six pencce.
For relinquishing the plea, and entering submission, nine pence.
For a 961217719 facias, one shilling.
For reading the indictment and arraigningthe criminal, nine
pence.
For continuing the cause after issue joined, nine pence.
For reading every evidence upon trial, four pence.
For allowing every writ of ce'ri’iomcr-Lwrit of error or procedendo,
six pence. '
I 7Q‘2-—23_] ' The S'Zaz‘nz‘es at Large of Pennsylvania.
For entering a noZZe prosequi, nine pence.
For entering the rule, upon a motion to arrest judgment, nine
pence. , -
For entering the arrest of judgment, nine pence.
For a habeas corpus, two shillings.
For drawing up and examining every record of all the proceed—
ings upon indictments or informations, in rolls of parchment
not less than ten inches wide, for every line containing twelve
words, three farthings. _ _
For a copy and signing thereof, if required, one halfpenny per
line.
For writing every recommendation for a license to keep a pub-
lic inn or alehouse, for selling provision, and all sorts of
liquors, and making the bond or recognizance, and entering
the said license, bond or recognizance, ﬁve shillings.
And that the fees belonging to the Prothonotary or Clerk of
the Common Pleas in every county of this province shall be follow, viz.: '
For every arrest, attachment or summons, three shillings and
four pence. ‘ "
For every replevin, three shillings.
For entering every action, six pence.
For ﬁling the declaration, six pence. _
For a copy of the declaration, in an action of account, debt,
detinue, trespass, assnmpsz't, trover and ejectment, one shil-
ling. .
For a copy of a declaration in an action of slander, covenant or
waste, two shillings.
For withdrawing or discontinuing every action, nine pence.
For entering every appearance, six pence.
For ﬁling and entering every demurrer, plea, replication and
pleas subsequent, and issue in every action, sin; pence. A
For entering every general issue, six pence.
For a copy of every plea, replication or pleas subsequent, six
pence- -
For calling the jury and attesting them, one shilling.
For attesting each witness, who shall give evidence on every
trial, four pence. “
376 The Statutes at Large of Pennsylvania. [1722"‘23
For recording every verdict, nine pence.
For entering the judgment, nine pence.
For every continuance, nine pence.
For entering a committatur, nine pence.
For entering every warrant of attorney and ﬁling, six pence.
For entering remittatur, for debt or damages, nine pence.
For drawing the bill of costs at large, nine pence.
For acknowledging satisfaction of a judgment upon record,
nine pence. , _
For making out the estreats for levying ﬁnes and forfeitures in
each court, one shilling.
For each cause contained in the list of issues, to be set up in the
clerk’s ofﬁce, and in court when sitting, three pence.
And that the fees belonging to the Register-General of this
provinceshall be as follow, viz.: .
'For granting and making letters of administration under the
seal of the ofﬁce, registering the same and taking bonds,
twelve shillings.
For making and granting probate of a will, with copy of a will
under the seal of the ofﬁce, and registering the same, ﬁfteen
shillings.
For a copy of letters of administration, four shillings.
For a citation, two shillings.
For ﬁling the inventory, and certifying the time when it was
brought into the ofﬁce on the back of the bond, or if no bond,
giving the executors such certiﬁcate, nine pence.
For a copy thereof, if it exceed not one hundred pounds, three
shillings. But if it amount to more, six shillings. I
For a search, one shilling and six pence.
For a guz'etus, four shillings.
For every caveat, one shilling.
For ﬁling and entering a renunciation, one shilling.
For a copy of an administrator’s account, if less than one sheet,
four shillings; if more, three shillings per sheet.
For a copy or exempliﬁcation of a will under seal, which does
not go with the probate, for every line, not less than twelve
words, one halfpenny.
_ And that the fees belonging to the Attorney-at-Lawin this
province shall be as follow, viz.:
1 722—2 The Stalnz‘es at Large of Pennsylvania.
. ponas or execution, three shillings.
For every replevin (if drawn by the attorney), three shillings.
For all actions they shall undertake in any court for plaintiff
or defendant, with declaration, twelve shillings.
For attending every writ of inquiry, four shillings.
For every action brought to judgment, twelve shillings.
For writing every writ of inquiry, scz're faez'as, 0endz'tz‘0nz' ea»
For drawing the recognizance for prosecuting a writ of error,
, or certz'omri there, two shillings and six pence.
For every writ of execution in that court, six shillings.
For drawing every warrant of attorney, six pence.
And that the fees belonging to the Constables within this
‘ province shall be as follow, viz.:
For serving a warrant, one shilling.
~For traveling charges, two pence per mile.
‘For serving every attachment, one shilling.
For serving an execution for a debt under forty shillings, one
‘ shilling.
For selling goods taken in execution, one shilling.
And that the fees belonging to all Juries and lnquests withi n
this province shall be as follow,.viz.:
For trying all actions upon issue joined, eight pence per man.
For every inquisition on writs of inquiry of damages, elegz't,
partition, or on any inquest of office or other inquiry, each
man, two shillings per diem. '
For every inquisition made by order of the coroner or other
ofﬁcer, upon view of a dead body, each man two shillings per
diem.
‘And that every witness shall have for every day he spends in
going, coming and attending to give evidence in any cause,
two shillings per dz'em.
And that the Crier of every court shall have for every action
called in court, nine pence.
And that the fees belonging to the Surveyor of lands within
this province shall be as follow, viz.:
For every single hundred acres or lesser quantity surveyed by
him,,seven shillings and six pence.
Y/ze .S‘mm'zes at Large of Perzizsyl-zlamkz. [I 722—~23
For surveying any tract of land, above one hundred acres, for
the ﬁrst hundred, seven shillings and six pence, and for every
hundred acres above, the sum of three shillings.
For a whole lot, with return and plot, six shillings.
Which said fees respectively shall be paid upon their deliver-
ing up the draft or plot, and return of the survey, signed
with the surveyor’s own hand, to the owner or possessor of the
said lands or lots, and not before.
For searching for a warrant or return, and copy thereof, each,
one shilling and six pence.
For traveling charges per mile, two pence.
For a search if not found, nine pence.
And the surveyor shall, in fair books, record the warrant and
shall duly prove the drafts, and then. record them.
For recording the proprietor’s warrant, making a return there- _
of, after the survey, into his secretary’s ofﬁce, recording the
same, and for a draft, five shillings. _
Which fees as aforesaid are to be in full of all manner of fees
that the surveyor, or his deputies, by any means whatsoever,
may hereafter pretend to claim or takefor any matter or thing
relating to his said ofﬁce.
And that the fees belonging to each Chain-carrier shall be
after the rate of three shillings per day, and the owner of the-
land to ﬁnd a marker.
And that the Comptroller shall have, for every ship or vessel
above one hundred tons, six shillings, and for all vessels under,
four shillings‘.
And if any attorney-general, clerk of any of the said courts,
or other person, draw any indictments or information defective,
they shall draw new bills or informations gratis, or forfeit ﬁve
pounds, with full costs, to be recovered as hereafter directed.
[Section 11.] And be it further enacted by the authority afore-
said, That all and every the respective ofﬁcers and attorneys-at-
law, whose fees are hereinbefore respectively ascertained, lim-'
ited and appointed, shall and are hereby required to- make fair
tables of their fees respectively, according to this act, and to
publish and to set up the same in manner following, viz., the
fees of the respective courts in the said courts from time to
time, during the sitting of the said courts; and the fees of other
I 722—23] Q The Siaz‘nz‘es at Large of Pennsylvania.
379
ofﬁcers, in their respective ofﬁces, within three months after
the publication hereof, where it shall be constantly exposed to
View and inspection of all persons who have business in the said
offices.
And if any attorney-at-law, or ofﬁcer hereinbefore men-
tioned, shall neglect or delay to make and set up the tables of
their fees, as hereinbeforelimited and appointed bythis act;
or shall, by color of any law, custom or usage of this province or
Great Britain, take, directly or indirectly, any more, greater or
other fees than is hereinbefore appointed, for the doing, acting
or performing any of the matters or things hereinbefore enum-
erated, or shall make demand of any fees, without giving the
party of whom such fees shall be demanded a bill of particu-
lars, signed by him, if demanded; or shall refuse, upon demand,
to give the party a receipt or discharge, under his hand, for
the fees, upon payment thereof; every such person or ofﬁcer
shall forfeit and pay, forthe ﬁrst of every such offense the sum
of ten pounds, current money of this province; and for the sec-
. ond offense the sum of twenty pounds, money aforesaid; one-
half to the governor, for the support of this government, and
the other half to him or them that shall sue for the same:
which, with the penalties and forfeitures aforesaid, shall be
recovered in any court of record within this province, by action
of debt, bill, plaint or information, wherein no essoin, pro-
tection or wager oflaw, or more than one imparlance, shall be
allowed. And for the third, and every other oﬁense, be liable
to be displaced or removed out of his ofﬁce; any law, custom or
usage to the contrary notwithstanding.
[Section 111.] 'And be it further enacted by the authority
aforesaid, That no attorney or practitioner at law shall be ad-
mitted to make any plea at the bar, except in his own case,
without taking the followingqualiﬁcation by oath or affirma-
tion, viz.: ~
Thou shalt behave thyself in the ofﬁce of attorney, within the
court, according to the best of thy learning and ability, and
with all good ﬁdelity, as well to the court as to the client. Thou
shalt use no falsehood, nor delay any person’s cause for lucre
or malice. ' .
[Section IV.] And be it further enacted by the authority
380
T/ze Statutes at Large 0f Pennsylvanza. [1 7 2 2~23
aforesaid, That from and after the publication of this act, the
wages of this present assembly, and of all succeeding assem-
blies, shall be eight shillings per diem., for the Speaker, and ﬁve
shillings per diem, for each of the other members.
Passed March 30, 1722—23. Allowed to become a law by lapse of
time in accordance with the proprietary charter. See Appendix
VI, Section I. Repealed by Act of Assembly passed August 22,
1752, Chapter 398.

CHAPTER CCLXXI.

A SUPPLEMENTARY A'CT TO AN ACT ENTIT’IJE’D “AN ACT TO PRE-
VENT THE EXPORTATION OF FLOUR NOT MERGHA‘N‘TABLE.”1
Whereas an act of assembly of this province entitled “An act
to prevent the exportation of ﬂour not merchantable,” hath
proved ineffectual to secure the good ends thereby intended:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That
no owner or possessor or occupier of any grist mill in this pro-
vince shall by himself, servant or others, presume to grind, or
suffer to be ground into meal for bolting for exportation out of
this province, any unsound, ill-dressed or unmerchantable
wheat. And whatsoever owner, possessor or occupier of any
such mill, as aforesaid, shall so grind, or suﬁer to be ground
any such unsound, ill-dressed or unmerchantable wheat, to
be bolted for exportation out of this province, contrary to the
true intent and meaning of thisact, he, she or they so offend-
ing in the premises shall forfeit and pay for every such oﬁense
the sum of thirty-ﬁve shillings on due proof thereof by one or
more credible witnesses, before any one justice of the [peace] in
this province.
[Section IL] And be it further enacted by the authority
aforesaid, That Samuel Carpenter, appointed by the said-recited

1 Passed May 12, 1722, !Chapter 252.
1722—23] T he Slaz‘n'z‘es at Large of Pennsylvania. ..
381
act for putting the same in execution, is hereby empowered
and required to cause to be made a provincial branding iron,
sufﬁcient and capable to impress in a fair and distinguishable
manner the arms of the province of Pennsylvania, with the
letter P on each side, on ﬂour cask, which he shall brand and
impress on the quarter of such casks of ﬂour as he shall ﬁnd
good and merchantable and ﬁt for exportation, if the owner or
exporter thereof request the same, and at or near the time of
shipping or lading the same. For which trouble of the said
ofﬁcer he shall receive the sum of one penny per cask, and no
more.
[Section III.] And be it further enacted by the authority
aforesaid, That if any person or persons shall counterfeit the
said provincial branding iron, or the brand mark or impress
thereof on any cask of flour, he, she or they, on due proof thereof
made by one or more credible witnesses, before any one justice
of the peace of this province, shall, for the ﬁrst offense, forfeit
and pay the sum of ﬁve pounds, for the second offense the sum of
ten pounds, and for the third and every other such offense shall
be committed to gaol, and sentenced to the pillory, there to
stand the space of two hours on a market day, in any city, bor-
ough or town of the respective counties of this province where
the act was committed.
[Section IV.] And be it further enacted by the authority
aforesaid, That as concerning all forfeitures and charges ap-
pointed by this act, the same shall be recovered by the ofﬁcer
aforesaid, or prosecuted for the same, in like manner as other
forfeitures and charges are by the said-[recited] act appointed
to be recovered and to and for the like uses and purposes as in
the last paragraph of the same act is directed. And this pres-
ent act shall continue in force until the expiration of the said-
recited act, and no longer.
Passed March 30, 1722-23. Apparently never submitted to the
Crown for consideration. See Appendix V, Section I, and the Act
of Assembly passed March 20, 1724-215, ‘Chapter 282.
38.2
T Siatntes at Large of Pennsylvania. 7 22—23
CHAPTER OCLXXII.

A SUPPLEMENT TO THE A'C'T ENTITLED “ AN AJCT FOR THE MAKING
‘GOOD BEER,” &c.1
Whereas by an act of this province, made in the eighth year
‘of the reign of King George, entitled “An act for the making
good beer, and for the consumption of grain in this province,”
prohibiting the use of molasses, coarse sugar, or composition or
extract of sugar, honey, foreign grains, Guinea pepper, 1r any
liquor boiled up to the consistency of molasses, &c., in the brew-
ing, making or working of any beer or ale. And forasmuch as
the good design and intent of the said act is [or may be] frus-
trated and eluded by the brewer, or his servant, secretly and
clandestinely aiding or assisting in the using of molasses, &c.,
as aforesaid, in the manner aforesaid. For prevention thereof:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of- Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
every such brewer by himself, servant or other person con-
cerned in the brewing strong beer or ale for sale, before they
are admitted or licensed, shall be qualiﬁed by oath or afﬁrma-
tion according to law: '
. That he or she will not, directly or indirectly, to his or her
knowledge, privity or consent, use any of the said ingredients
in the making, brewing or workingof such ale or beer, or put
any therein, either before or after the brewing thereof, under
the pains and forfeitures mentioned in the said-recited act.
Which said qualiﬁcation shall be taken by all'persons who .
shall brew strong ale or beer for sale, in the open sessions of
the peace, within the city or county where they respectively
follow their trades, under the penalty of ﬁve pounds. And the
justices of the said sessions shall cause the same to be entered

1 Passed May 12, 1722, Gh'apter 253.
. I 72 2—23] The Statutes at Large of 'Pennsylvanz'a.
383
of record, according to the-direction, and under the penalties
ofthe before-recited act.
[Section IL] And be it further enacted by the authority’
aforesaid, That the collector of the excise for the time being
shall take the bonds and other securities, to be given by the
[said] brewers in this and the said-recited act, for the uses in
the said-recited act mentioned, and demand for the same ‘such
reasonable allowance as in the said-recited act is appointed,
anything in this or in the said-recited act to the contrary
[hereof in anywise] notwithstanding.
Passed March 30, 1722-23. Apparently never submitted to the
consideration of the Crown, but allowed to become a law by lapse
of ‘time in accordance with the proprietary charter. See Appendix
V, Section I. Repealed by Act ‘of Assembly passed March 20, 1810,
P. L. 188.

CHAPTER OGLXXIII.

AN AcT EoR ESTABLISHING A FERRY OVER THE RIVER scH-UYIJKLLL
AT THE END ‘OF THE HIGH STREET 0F PHILADELPHIA.
For the greater conveniency of the inhabitants on the west
side of the river Schuylkill, traveling to and from the city of
Philadelphia:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province ‘of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
the mayor and commonalty of the said city of Philadelphia
_ may and shall, at their own proper cost and charge, within
eighteen months after the publication of this act, make or cause
to be made a sufﬁcient causeway and landing at the end of the
said High street of Philadelphia, on both sides of the said river, '
and shall keep and maintain the same in good repair, ﬁt for _
footmen, horses and carts to pass and repass, and also pro-
vide and maintain a good, substantial ferry boat or boats, and
capable ferrymen, who shall reside and dwell on the west side
384
T he Statutes at Large of Pennsylvanza. Q [I 72 2~2 3,
of ‘Schuylkill River, and duly and constantly attend the same as
occasion may require.
And for the support of the said ferry:
[Section 11.] Be it further enacted by the authority afore-
said, That the said mayor and commonalty, and their succes'
sors, by their deputies or ofﬁcers to be appointed for that pur-
pose, shall receive and take for ferriage over the said river of
all persons (the [proprietor and] governor and [their] attend-
ants only excepted) the several following-rates, and no more:
(That is to say)
For each person, one penny. ,
For each horse, loaded or~unloaded, one penny.
For a coach or chariot, one shilling.
For a chaise of four wheels, six pence.
For a chaise of two wheels, four pence.
For a cart or wagon with their loading, one shilling; and
without loading, six pence.
For a sled loaded or unloaded, one penny.
Besides the aforesaid rates for each horse belonging to, and
[the] person accompanying such coach, chariot, chase, cart or
wagon or sled: '
For every cow, or other neat cattle, boated or swam, three
halfpence.
For every live sheep, one halfpenny.
For every live hog or swine, one penny.
And for the better encouragement of the said ferry:
[Section III.] Be it further enacted by the authority afore-
said, That no person or persons whatsoever shall keep .or use
any boat or canoe for transporting any person or persons, crea-
tures or carriages, for hire or pay, over the said river, in any
other place between those ferries now called Roach’s and Blun-
ston’s ferries, on the said river, besides the ferry hereby estab-
lished, under the penalty and forfeiture of twenty pounds, law-
ful money of this government, for each offense, to be recovered
in any court of record of this province, one-half thereof to the
use of the informer or prosecutor, who shall sue for the same,
and the other half to the use of the mayor and commonalty of
the said city, wherein no more than one imparlance shall be al-
lowed.
117.23,] I T he Slalnles at Large of Pennsylvania.
$85
Provided nevertheless, That nothing herein contained shall
be deemed or adjudged to annul or make void any contract
made between the‘ [said] corporation and any person or persons
whatsoever, in relation tothe said ferry, but that the said con-
tract is hereby declared [as] good and effectual to all intents
and purposes as before the enacting of ‘this law.
‘Passed March 30, 1722-23. Apparently never considered by the
Crown, but allowed to become a law by lapse of time in accordance
- with the proprietary charter. See Appendix V, {Section I, and the
Act of Assembly passed February 8, 1766, Chapter 533.

CHAPTER COLXXIV.
AN ACT ‘FOR THE BETTER AND MORE EEFLFEC'HUAL PUTTING IN EXE-
'CUTION AN ACT OF ASSEMBLY ‘OF THIS P-ROIVIN'CE' ENTITLED
“AN ACT FOR THE EMITTING AND ‘MA‘KIN‘G CURRENT FIFTEEN
THOUSAND 'PlO'UNlDS IN BILLS 0F CREDIT.” 1
Whereas some doubts have arisen that by the purport and
direction of the said act, the trustees of the general loan office
of this province are restricted from loan of the said bills on
mortgage of lands and houses/subject to any former or other
incumbrances whatsoever; and the persons oﬁering to mort-
gage are thereby required to declare‘ on oath or afﬁrmation,
inter alia, that the lands, houses and ground rents are free
and clear from any other or former gift, grant, sale, mortgage
or other incumbrance to his or her knowledge. And inasmuch
as all or most of the lands purchased of the proprietary of this
province are held of him, his heirs and assigns, under certain
rents and reservations, and many of the houses and lots of
ground in the city of Philadelphia, and divers other parts of
this province, are subjected to rents and reservations thence
issuing to divers persons, with clauses and covenants for se-
curing the same rents. And inasmuch as many well meaning
people in this province called Quakers, who conscientiously
scruple to take the afﬁrmation in the usual form, are debarred

1 Passed March 1722-23, Chapter 261.
386
The .S‘lalntea az’ Large of Pennsylvania. [1 723v
by the said-recited act from taking up the said bills of credit
as thereby is directed; by means of all which matters and
things before recited, the good ends intended by the said-recited
act are in a great measure obstructed. , > For remedying whereof
for the future:
[Section 1.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in Gen-
eral Assembly met, and by the authority of the same, That it
shall and may be lawful to and for the said trustees, and they
are hereby authorized and empowered, upon loan of said bills,
to accept in mortgage any messuages, lots, lands or tenements
in this province, of all manner of persons whatsoever who have
therein an indefeasible estate of inheritance in fee-simple,
although the same messuages, lands or tenements be held
under or subject to any reserved quit-rent, ground rent or
other incumbent annual, halfsyearly or quarterly payment
whatsoever thence issuing. But before the trustees shall ac-
cept of any mortgage of any messuages, lands or tenements so
encumbered with any rent or rents, they shall inform them-
selves of the clear value of the same messuages, lands and tene-
ments, over and above the value of the rent (not reckoning the
said rent at more than twenty nor less than twelve years, pur-
chase), and shall let out upon loan to the mortgagor one-third
part of the clear value aforesaid, to the best of their judgment,
in bills of credit, on security of the same messuages, lands and
tenements, at the same rate of interest, for'the same term, in the
same manner and form, subject to the same provisos and con‘
ditions, and to and for the ends, intents and purposes, as by
the said-recited act is directed and appointed concerning other
houses, lands, rents or hereditaments. -
[Section II.] Provided nevertheless, and be it further enacted
by the authority aforesaid, That where any person, being a
Quaker, doth scruple to take an afﬁrmation in the usual form,
he or she shall be admitted by the said trustees to mortgage,
upon his or her solemnly and sincerely declaring to be true that
he or she is seized of the lands, houses or ground rents so of-
fered to be mortgaged, at the time of executing the mortgage
I 7 23] The Slaz‘nles at Large of Pennsylvania.
387
deed, in‘ his or her own right, to his or her own use‘, and not in
trust; and that free and clear of any gift, grant, sale, mortgage,
arrearages of ground rent, and all other incumbranc es, to his or
her knowledge (the proprietary’s quit-rents and other ground
rents then to accrue, and discovered to the said trustees, only
excepted). And the same exception shall be admitted by the
said trustees to all persons mortgagors, swearing or affirming
in the usual form, as required by the said-recited act, any law,
usage or custom to the contrary notwithstanding.
[Section 111.] Provided also, and be it further enacted, That
at any time or times after any default shall happen to be made
in payment of any sum or sums of money, by any mortgagor
or mortgagors, according to the direction of the said-recited
act; orin the more especial form and manner speciﬁed in the
deeds of mortgage respectively (whether the same deeds have
been already made and executed pursuant to the same act, or
shall hereafter be so made and executed), it shall and may be
lawful to and for the trustees of the general loan office aforesaid
to sue forth and prosecute any action or actions of debt, for re-
covery of the mortgage moneys or any part or parcel thereof,
either upon bond (where bonds have been or shall be taken for
performance of covenants contained in the mortgage deed) or
otherwise, as the trustees shall think ﬁt, to the uses, intents and
purposes mentioned and appointed by the said-recited act.
And whereas, by a- clause in the said-recited act, it is enacted,
inter al'z'a, that the sum of two hundred pounds in the bills
aforesaid be delivered into the hands of the treasurer of the
county of'Bucks, and the further sum of three hundred pounds ‘
of the said bills into the hands of the treasurer of the county of
Chester, to be applied by the respective treasurers of the sev-
eral counties aforesaid, in such public services as in the same
act mentioned. But inasmuch as the moneys will not he
wanted for those services for a considerable time, and to the
end that a circulation of the said bills may more speedily be
promoted: -
[Section IV.] Therefore, be it enacted by the authority afore-
said, That the representatives in general assembly of the said
respective counties, shall receive of the respective treasurers
25——II
388
The Statutes at Large of Pennsylvania. [1 7 2 3
of the same counties, so much moneys in the bills of credit so
delivered, or to be delivered pursuant to the said act (which
the treasurers are hereby required to pay pursuant to orders
of assembly), as will amount to discharge the assemblymen’s
wages of the said respective counties, now due and to become
due during this present session of assembly.
Passed May 11, 1723. Allowed to become a law by lapse of time
in accordance with the proprietary charter. See Appendix VI.
Section I.
I 72 3] The Statutes at Large of Pennsylvania.
389
At a General Assembly begun and holden at Philadelphia,
the fourteenth day of October, A. D. 1723, and continued by ad-
journments until the ninth day of May, 1724, the following acts
were passed:
CHAPTER CCLXXV.

AN AJCT FOR ‘EMITTING AND MAKINlG CURRENT THIRTY THOUSAND
POUNIDS IN BILLS OF CREDIT.
Whereas by virtue of an act of assembly of this province,
passed in the ninth year of his present Majesty’s reign, bills of
credit for ﬁfteen thousand pounds were struck and emitted,l
which being found by experience to fall far short of a sufﬁ-
cient medium in trade and could not supply the wants of such
as then had and still have occasion to borrow upon the secur-
ities prescribed by the said act:
Therefore that those deﬁciencies may be supplied, and a fur-
ther provision made for support of this government, may it
please the governor that it may be enacted:
[Section I.] And be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the Province aforesaid in
General Assembly met, and by the authority of the same, That
indented bills of credit, to the value of thirty thousand pounds,
current money of America, according to an act of parliament
made in the sixth year of the reign of the late Queen Anne, en-
titled “An act for ascertaining the rates of foreign coins in Her
Majesty’s plantations in America,” shall be made and pre-
pared before the ﬁrst day of the month called March next,
which bills shall severally contain therein the sums hereafter
respectively mentioned, and no other: (That is to say) eighteen
thousand of the said bills the sum of twenty shillings in each of
them; eight thousand of the said bills the sum of ﬁfteen shil-

1 Passed March 2, 1722-23, IChapter 261.
390
T/ze Staz‘nz‘es at Large of Pennsylvania. [1 723
lings in each of them; ﬁve thousand of the said bills the sum of
ten shillings in each of them; six thousand of the said bills the
sum of ﬁve shillings in each of them; six thousand of the said
bills the sum of two shillings and six pence in each of them;
six thousand of the said bills the sum of two shillings in each
of them; four thousand of the said bills the sum of eighteen
pence in each of them; and seven thousand of the said bills the
sum of one shilling in each of them.
And the trustees hereafter named shall at the charge of this
province, to be defrayed and paid in bills of credit, cause and
procure the said bills to be made and printed upon good paper
or parchment, in the form following, and not otherwise, viz.:
This indented bill shall pass current for ————-—-———- in all
payments, according to a law of Pennsylvania. Dated the
day of — —— in the year of our Lord one
thousand seven hundred and twenty-three.
Which bills shall be signed and numbered by Francis Rawle,
Anthony Morris, Charles Read and Samuel Hudson, or a ma
jority of them. And the sums of money that every of the said
bills is to pass for shall be printed at the top of each bill, in
words at length, with the arms of Pennsylvania on the left side,
and the signers’ names subscribed on the other side thereof.
And that the counterparts of all the said bills shall be like-
wise printed, and shall be numbered by the signers, who shall
deliver the same unsigned to the said trustees for the time
being at the general loan ofﬁce hereby intended to be erected,
where they shall remain in books kept for that purpose, under
the care and charge of the said trustees, for the trying the
truth of the original bills whensoever there shall be occasion.
And the same bills shall be so fashioned as may render them
less liable to be counterfeited or fraudulently resembled, by
putting the ﬁgure or shape of a crown in ﬁve shilling bills, two
crowns in ten shilling bills, three crowns in ﬁfteen shilling bills,
and four crowns in twenty shilling bills. And the said signers
shall also deliver to the said trustees, at the said loan ofﬁce, the
originals of all the said bills so made forth, numbered and
signed as aforesaid,not exceeding the numbers hereinbefore re—
spectively limited and appointed (taking the said trustees’ re-

1723] The Statutes at Large of Pennsylvanza.
39I
ceipts for the same, and charging them respectively with the
moneys contained in the bills so delivered in order to be lent
out as hereinafter directed). And the said signers shall cause
to be kept a true account of all the said bills by them signed
and delivered to the trustees as aforesaid; and for their trou-
ble, care and diligence in doing what is required of them by
this act, they shall receive thirty-ﬁve pounds apiece, payable
to each of them, his executors, administrators or assigns, in
bills of credit, to be delivered to them by the said trustees
within six days after they deliver the said bills and counter-
parts in the loan office as aforesaid.
But before the said persons hereby appointed or hereafter
to be appointed by virtue of this act, to be signers of the said
bills of credit, presume to act therein, they shall take an oath
or afﬁrmation before any one justice of the peace of the city or
county of Philadelphia, who is hereby empowered and required
to administer the same, charging them jointly and severally,
that they will well and truly number, sign and deliver all the
said original bills of credit, and truly number and deliver all
the counterparts of the same bills, and keep a true account of
what bills they sign and deliver, with the counterparts thereof,
according to the direction of this act.
[Section 11.] And be it further enacted by the authority
aforesaid, That Samuel Carpenter, Jeremiah Langhorne, Wil-
liam Fishbourn and Nathaniel Newlin shall be and are hereby
nominated and appointed trustees for the holding and ordering
of the said general loan ofﬁce, and for the receiving and issuing
the said bills of credit and taking securities for the same; and
for the directing, managing and performing all other matters
and things hereby enjoined and required to be done and trans-
acted by them in the said ofﬁce, and relating to the said bills of
credit, according to the direction and true meaning of this act.
And if any of the said trustees shall happen to die or be re-
moved for misfeasance, or for not acting, it shall be lawful for
the assembly of this province from time to time, during the
continuance of this act, to elect and appoint some other ﬁt per-
son or persons in the place or places of such trustee or trustees
so dying, misbehaving or refusing as aforesaid. But if no as-
392
The Statutes at Large (3f Pennsylvania. [I 723
sembly be then sitting, it shall be lawful for such of the trus-
tees as survive and act, to choose others tao’supply such vacan-
cies until the assembly sits. And that the trustee and trustees
so from time to time elected and appointed, shall have the same
power and authority as if they had been nominated and ap-
pointed by this act.
And that the persons now or hereafter appointed trustees by
virtue of this act, shall be styled The Trustees of the General
Loan Office of the Province of Pennsylvania, and by that name
shall have succession during the continuance of this act, and
by the name aforesaid shall be able and capable in law to re-
ceive, take, hold, enjoy and retain to them and their successors
in the said trust, all such lands, tenements, rents and heredita-
ments, and all such plate as shall be granted them in mortgage,
for securing the re-payment of such sums of money as they
shall from time to time lend and issue in the said bills of credit,
and also to sell, grant, alien and dispose of the same in default
of payment, as in and by this act is provided and directed in
those cases, and by the same name to sue and implead, be sued
and impleaded, answer and be answered, in all cases relating
to the said trust, in all courts and other places whatsoever, and
by the name aforesaid to do and execute all other matters and
things that to them shall or may appertain to do and perform,
pursuant to this act, subject to the provisos, restrictions and
limitations herein expressed.
And that the said trustees for the time being, or any three
of them, shall duly attend at the said loan ofﬁce every third
and fourth day, commonly called Tuesday and Wednesday, in
every week, until all demands for borrowing money in the said
loan ofﬁce be answered; and afterwards at such times as their
trust and service of the public may require them, during the
continuance of this act.
And such of the said trustees as shall undertake and execute
the said trust shall be allowed for their service and trouble
therein after the rate of twenty pounds per annum apiece,
added to the ﬁfty pounds per annum allowed them as trustees,
for emitting the said ﬁfteen thousand pounds, during the con-
tinuance of that act; and after the expiration thereof the sum
I723] The Statutes at Large of Pennsylvania.
393
of seventy pounds per annum apiece during the continuance of
this act, payable to each of them, his executors, administrators
or assigns, in the said bills of credit, during the continuance
of their trust.
But the said trustees before they receive the said bills, or
enter upon the execution of their said trust, each of them shall
enter into bond to the provincial treasurer for the time being,
in the penalty of one thousand pounds each, conditioned for the
due observance of all things required of them by this act, and
true performance of the trust hereby reposed in them; and shall
also take an oath or afﬁrmation before any one justice of the
peace of the city or county of Philadelphia, who is hereby em-
powered and required to administer the same, in these words,
to wit:
I, A. B., will, according to the best of my skill and knowl-
edge, faithfully, impartially and truly demean myself in the
discharge of the trust committed to me by an act of general
assembly of this province, entitled “An act for the emitting
and making current thirty thousand pounds in bills of credit,”
according to the purport and tenor of the said act, so as none
may be prejudiced by my consent, privity or procurement.
[Section 111.] And be it further enacted, That the said trus~
tees, after they are so qualiﬁed, shall receive into the said ofﬁce
all such and so many of the said bills of credit and counter-
parts thereof from the said signers as they may have occasion
to lend out from time to time, and thereupon shall give their
receipts for the same and keep true accounts as well of the said
hills which they respectively receive and issue out, as also of
the money and bills which they shall actually receive and pay
pursuant to this act: to which several accounts the committee
of assembly, hereafter appointed to audit the said trustees’ ac-
counts, shall have free access at all seasonable times, to the end
they may be satisﬁed that the sum for which bills may be is-
sued pursuant to this act is not exceeded; and may be ac-
quainted from time to time with the state of the whole trans-
actions and affairs relating to the said ofﬁce.
And forasmuch as the chief intent of appointing the said
trustees is in order to enable them to lend the said bills on se-
curities of lands at low interest, therefore:
[Section IV.] It is further enacted, That the said trustees
394
T/ze Slalnles at Large of Pennsylvania. [1 723
shall lend out the value of twenty-six thousand ﬁve hundred
pounds of the said bills, on land securities, at the interest of ﬁve
per cent per annum, [for the term of twelve years and a half,
from the date of the said bills, in sums not exceeding two
hundred pounds, nor less than twelve pounds ten shillings, to
any one person.
Which said bills so lent shall pass in all payments from any
person or persons to any other person or persons, and shall be
deemed to be good payment for debts, rents, goods, chattels,
plate, bargains, sales, specialties, bonds and all other demands
whatsoever, as if the same were paid in the coins mentioned, and
at the full rates ascertained in and by the said act of parlia~
ment; and shall be as effectual a bar of such suits or actions
as shall be brought for such debts or demands, as if the money
had been paid at the day and place, according to the condition,
defeasance or contract, and had been so pleaded; and the ten-
ders and refusal, or not receiving of the said bills, shall be as
available and conclusive in law and equity as if such tenders
were in the said coins, or in the current coins of England, or in
any other coin or specie mentioned in the contracts upon which
any such tenders are made.
And if at any time pending an action upon any bond or other
writing obligatory, the defendant shall bring into court, where
the action shall be depending, all the principal money and in-
terest due on such bond or writing, with all the costs that have
been expended in any suit or suits in law or equity upon such
bonds or writings, the said money or value thereof, in the said
bills of credit hereby made current, so brought into court and
offered at the values and rates set upon them by this act, shall
be deemed and taken to be in full satisfaction and discharge
of the said bond or writing, and the court shall forthwith give
judgment to discharge every such defendant of and from the
same accordingly.
And for the better discovery of incumbrances which may
affect the said securities, it shall be lawful for the said trustees,
and such as they shall appoint from time to time, to make
searches in any ofﬁce in this province; and, if there be occasion,
take copies or transcripts of the dockets, or notes of any ex-
I 72 3] ll he Statutes at Large of Pennsylvania.
395
tents and judgments, or of mortgages‘ and entails, kept in any of
the said ofﬁces, without paying any fee or reward for the same.
And to the end the said trustees may be the better enabled to
perform their said trust, they shall inform themselves as well
of the clear value as of the titles of all the lands, houses and
ground rents which shall be proposed in security for the said
bills, so as to be satisﬁed that the said lands and ground rents
are at least double the value and houses treble the value of the
sums requested to be lent, and then they shall receive and take
4 the same in mortgage accordingly.
Provided, That upon all the loans hereby intended, the trus-
tees shall take care that the borrower has an indefeasible estate
in fee-simple in the lands, tenements, rents and heredita-ments
by him proposed to be mortgaged; and that they are free from
former sales, gifts, grants, mortgages, entails, and all other in-
cumbrances (except the proprietary’s quit-rents, or other rents
issuing out of the same). 1
But before the trustees shall accept of any mortgage upon
messuages, lands or tenements, subject to the payment of such
quit-rents, ground rents, rent charge, or other annual pay-
ments, they shall duly consider and, according to the best of
their skill, ﬁnd out the clear value thereof (not reckoning the
said rents at more than sixteen, nor less than ten years, pur-
chase), and shall let out upon loan to the mortgagor one-third
part of the value aforesaid, in bills of credit, at’ the interest,
and for the term aforesaid.
And that the person offering any of the said houses, lands,
ground rents or rents charge to mortgage for any one of the said
bills, shall, at or before the time of executing the deed of mort-
gage, declare upon oath or solemn afﬁrmation in the usual form;
but in case that be scrupled, then in the form (allowed by a late
act of parliament to the people called Quakers in England),
which the trustees, or any one of them, are hereby empowered
and required to administer, that he or she is really seized of
the premises in his or her own right, and to his or her own
. use, and that the same were not conveyed to him or her in
trust for the use of any other person, nor with intent to raise
any sum or sums of money upon the same by way of loan, or
25*—-II
396
The Statutes at Large 0f-Pennsylvanza. [1 723
otherwise, for the use of any other person or persons, whatso-
ever, and that the lands, houses and ground rents, or rents
charge, mentioned in the deed by him or her to be executed, are
free and clear from any former or other gift, grant, mortgage,
or other incumbrances, to his or her knowledge (excepting the
proprietary’s quit-rents or other charges appearing in his or
her deeds then produced). Which oath or afﬁrmation shall be
indorsed on the back of the mortgage, with the day and year of
the caption thereof; for which the clerk shall receive six pence,
and no more. .
And for securing the payment of the sums or value so lent
as above directed, the said trustees, or any three of them, shall,
in pursuance of the trust hereby reposed in them, and ‘as trus-
tees of the general loan ofﬁce aforesaid, and not otherwise,
take and receive deeds of mortgage in fee-simple for what they
lend: Which being executed and acknowledged or proved, as
hereinafter directed, shall transfer thepossession of the lands,
houses and hereditaments thereby granted, to the said trus-
tees, and vest the inheritance thereof in them and their succes-
sors, as fully and effectually as deeds of feoffment, with livery
and seizin, or deeds enrolled in any of the King’s courts at
‘Westminster may or can do in England. In all which deeds,
the words [grant, bargain and sell] shall amount to and be
construed and adjudged in all courts of judicature to be ex-
press covenants to the said trustees, their successors and as-
signs, from the bargainer or mortgagor, for himself, his heirs,
executors and administrators, that the mortgagor notwith-
standing any act done by him, was, at the time of the execution
of such deed, seized of the hereditaments and premises thereby
granted of an indefeasible estate in fee-simple, free from all
incumbrances, rents due to the lord of the fee, with the other
rents and reservations contained in their respective deeds only
excepted, and for quiet enjoyment thereof against the mort-
gagor, his heirs and assigns, and all claiming under him or the
former owners thereof; and also for further assurance to be
made by the mortgagor, his heirs and assigns, as the case may
require, so that those express covenants are not to be set down
at large in any of the mortgages, but that the said trustees
I 72 3] The Statutes at Large of Pennsylvania.
397
and their successors in the said trust respectively, shall and
may, in any action to be brought, assign breaches thereupon
as they might do in case such covenants were expressly in-
serted in such deeds.
And-that all the said mortgages or defeasible deeds, being
sealed and delivered to the said trustees, or some of them, in
the presence of two or more credible witnesses, and proved or ac-
knowledged before any justice of the peace in this province,
shall be fairly entered at the charge of the mortgagors in large!
books to be for that purpose provided and kept by the said
trustees as hereinafter directed. An attested copy of any of the
said [deeds] so entered and certiﬁed under the hands of the
said trustees for the time being, or any three of them, shall be
and is hereby declared to be matter of record, and shall be good
evidence to prove the sale or mortgage thereby mentioned to
be made.
And the said trustees shall, at their own proper costs and
charges, provide the said books of royal or other large good
paper, well bound and covered, wherein shall be recorded all
the said deeds of mortgage given in security for the said bills
of credit to be lent out as aforesaid. 7
And for the more regular management of the affairs relating
to the said ofﬁce, the trustees are hereby empowered to choose
and employ a ﬁt and able person (for whom they shall be an-
swerable) to serve them as clerk of the said office during their
pleasure, who, for recording every one of the said deeds shall
have the sum of four shillings, and for every attested copy
thereof four shillings and no more, and for every mortgage
deed that draws, the sum of eight shillings and no more;
which said sums are to be paid by the mortgagor, his heirs, ex-
ecutors or administrators, in full satisfaction of all fees and
charges demandable by the said clerk, for drawing, engrossing
and recording the said deeds, and inspecting the title of the
lands and premises thereby mortgaged.
And the said clerk shall also prepare a "bond of double the
mortgage money for every mortgagor to execute along with
their respective deeds of mortgage, conditioned for the payment.
of the money borrowed, with interest, according to the pro-
‘398
T/ze Slalnles al Lang-e of Pennsylvania. [1 72 3
viso or condition contained in every such deed of mortgage;
and shall also prepare a warrant of attorney to be, at the
same time, signed and sealed by every mortgagor, empowering
such person or persons as the trustees shall nominate and ap-
point to acknowledge or suffer judgment, which they the said
trustees are hereby ‘required to cause their attorney to enter,
in due form of law, in the court of common pleas for the
proper county, against such mortgagor as shall make default
in payment of the mortgage money, or any part thereof, ac-
cording to the direction of this act, and times of-payment
speciﬁed in the proviso contained in his mortgage deed, either
i in actions of ejectment to gain the possession of the mortgaged
premises, or in actions of debt to be brought upon any of the
said bonds for non-performance of the conditions thereof, or in
such actions of debt as the said trustees are hereby required
to bring for the value of those bills of credit, which happen to
be borrowed and received by the mortgagors, whose title to
the lands, tenements or hereditaments by them mortgaged shall
prove defective, together [with the interest hereby allowed
upon such] loans, and costs of suit. And the said clerk shall
also insert a release of errors in every of the said warrants of
attorney; and ‘for the said bonds, warrants of attorney and re-
lease of errors, the said clerk shall have one shilling and four
pence each, and no more. .
But before any person so chosen to. be clerk shall enter upon
the execution of his said ofﬁce, he shall take an oath or afﬁr—
mation before some justice of the peace of the city or county of
Philadelphia, who is hereby empowered and required to admin-
ister the same, in these words:
I, A. B., shall truly and faithfully perform and execnte the
ofﬁce and duty that is directed and required of me, according
to a. law of this province, entitled “An act for emitting and mak-
ing current thirty thousand pounds in bills of credit,” and that
I will keep a just and true account of the names of all such per-
sons as shall apply to the said ofﬁce for bills of credit, and will
prepare and record their deeds of mortgage in the same order
of time as their applications are made, without any undue pre-
ference, unnecessary delays, or fraudulent practice.
[Section V.] And be it further enacted by the authority
I 72 3] T he‘ Statutes at Large of Pennsylvania.
399
aforesaid, That the said sums of money so lent upon mortgage
shall be paid again, with the annual interest, in the said bills
of credit, or in current money of America, or in any other bills
of credit made current by the law of this province, to the
trustees of the general loan ofﬁce aforesaid, in manner fol-
lowing: _ (That is to say) one-twelfth part and half of the said
sum borrowed with the whole interest of ﬁve per cent per
annum, shall be annually paid by the mortgagor, his heirs, ex-
ecutors or administrators, to the said trustees, who shall in-
dorse the, sum received, both principal and interest, upon the
back of the mortgage deed, and for each indorsement made in
manner aforesaid they shall be paid, by the mortgagor, the sum
of six pence and no more. '
And at the lastpayment of the said money and interest, the
said mortgage shall be released and delivered up by the said
trustees, from which time the said lands, houses and ground
rents so mortgaged or engaged shall be forever clearly ac-
quitted and discharged; and the said trustees shall make an
entry in the margin of the venrollment of the said mortgage, of
the day and year of such discharge and release; for whichthey
shall be paid by the mortgagor the sum of six pence and no
more. An attested copy of which entry of the said discharge
_ or release of such mortgages, signed by the majority of the said
trustees for the time being, shall be as valid and effectual in
law as their re-conveyance of the mortgaged premises, made
and executed in the usual form, can be to the mortgagors, their
heirs and assigns.
Provided always, That if any part of the [said] thirty thou-
sand pounds be remaining in the said o-fﬁce at the end of eight
months next ensuing the date of the said bills, and not take-n
out upon loan, it shall be lawful to and for the said trustees to
lend out the same to any person or persons, in the same manner
and upon the like securities as hereinbefore directed concern-
ing other loans, so as the whole sum thenceforth to be advanced
or lent to any one person exceed not the value of ﬁve hundred
pounds in the whole.
[Section VI.] Provided also, and be it further enacted, That
until some default shall be made by the said respective mort-
.400
The Statutes at Large of Pennsylvania. [I 723
gagors of or in payment of the mortgage money, or some part
thereof, it shall be lawful for them and their heirs to hold and
enjoy the mortgaged premises, with the appurtenances, any-
thing in the deeds [of] mortgage, or in this act contained, to the
contrary notwithstanding. '-
But if default shall be made or suffered by any of the said
mortgagors, their heirs, executors, administrators or assigns,
of or in payment of any of the said yearly payments or sums,
whether in part of the principal or interestwhich they or any
of them should have paid on the days and times and in manner
and form as in and by their respective deeds of mortgage
shall be speciﬁed it shall and may be lawful to and for the said
trustees for the time being, at their discretion, either to take
their remedy by course ‘of law, as hereinabove directed, and pro-
ceed to take the mortgaged lands and hereditaments in execu-
tion as for other debts; or, within two months next after the
days whereon the same ought to be paid, according to the sev-
eral provisos or conditions in their deeds respectively con-
tained, to enter upon the lands, houses, rents and heredita-
ments in the same deed speciﬁed, and expose the same to a
public sale; and thereupon sell and convey the same lands,
hereditaments and premises to the best purchaser, and out of
the money arising by such sale detain and keep the moneys to
them due thereon, and all costs and charges relating thereto,
returning the overplus (if any be) to the owners of such lands
and hereditaments; and that then and in such case the owners
of such lands and hereditam‘ents shall stand absolutely fore-
closed from all equity of redemption of the same.
Provided also, That if any of the said judgments, which war-
rant the awarding of any writs for the sale of the said lands,
tenements or hereditaments, shall at any time hereafter be re-
versed for any error or errors, then and in every such case none
of the said lands, tenements or hereditaments so as aforesaid
taken or sold, or to be taken or sold upon executions, nor any
part thereof, shall be restored, nor the sheriff’s sale thereof
avoided. '
And that no sale, which shall be made by virtue of this act,
shall be extended to create any further estate to the vendees,
1.723] T he Statutes at Large of Pennsylvania.
401..
than the lands or hereditaments so sold or delivered, shall ap-.
pear to be mortgaged for by the said respective mortgages or
defeasible deeds. 7
Provided also, That it shall and may be lawful to and for
the trustees of the loan office aforesaid, or any three of them, to
let out upon loan, in such manner as they shall think best, any
sum of the said bills of credit not exceeding the sum of two
hundred pounds to one person, upon security of gpod plate,v to
be delivered to them at the value of ﬁve shillings current
money of America per ounce, and at the interest of ﬁve per
cent per annum, to be paid in again to the said trustees within
the space of twelve months, with the interest aforesaid. And
in case of non-payment, to sell and dispose of the said plate for
the most it will yield, returning the overplus (if any be) to the
owner thereof, after payment of the principal and interest, with
charges accrued thereupon.
And whereas the funds provided for the support of this gov-
ernment have proved deﬁcient, and divers sums claimed as
debts due from this province remain yet unpaid; therefore:
[Section VII.] Be it enacted by the authority aforesaid, That
the sum of thirteen hundred pounds in the said bills of credit
be delivered to the provincial treasurer for the time being, who
shall give his receipt for the same; which receipt shall be
deemed, taken and allowed to be good and sufﬁcient discharge
to the said trustees, their heirs, executors and administrators,
for the sums in bills of credit mentioned and contained in such
receipts: Which said bills, or so many of them as shall be
needful, the said treasurer shall forthwith apply to the paying
and discharging the several sums of money due and to be due
and owing by any order of assembly of this province. And
that the aforesaid sum of thirteen hundred pounds, hereby di-
rected to be lent to the provincial treasury, and the sum of two
thousand ﬁve hundred pounds lent the said treasury, in bills
of credit last year, shall be truly sunk, as the sum or sums of
money due or to be due to this province, from the collectors of
the impost and excise, and by “An act for laying a duty on
negroes imported,” 1 and by “An act for imposing a duty on per-
1 Passed ‘May 12,1722, Chapter 250. ' ‘

402
The Statutes at Large of Pennsylvania. [1 723
sons convicted of heinous crimes imported into this province,”
&c.,2 and by “An act of this present assembly for laying an ex- ‘
cise on all wines, rum, brandy and other spirits, retailed in this
province,”3 are paid to the provincial treasurer for the time
being. ‘
And whereas the assembly is given to understand, on behalf
of the commissioners and county treasurer of Philadelphia, that
the said county is indebted for arrears of assemblymen’s wages
and other demands for carrying on and ﬁnishing the public-
buildings, which cannot be effected without an addition to thelast
year’s loan; and it being also represented by the mayor and
recorder of the city of Philadelphia that they want also to bor-
row bills of credit for the public service of the said city:
[Section VIII.] Be it therefore enacted by the authority
aforesaid, That the sum of one thousand pounds, in bills of
credit made current by this act, be delivered by the said trus-
tees to the treasurer of the said county of Philadelphia, who
shall give his receipt to the said trustees for the same. And
that the further sum of three hundred pounds, in the said bills
of credit, be delivered by the said trustees to the mayor and
commonalty of the city of ‘Philadelphia, they giving their re-
ceipts to the said trustees for the same, and securing the re-
payment thereof, with interest of ﬁve per cent per annum, by
obligation under their common seal, to be given to the trustees
of the loan ofﬁce- And that the like sum of three hundred
pounds be delivered to the treasurer of the said city, without
interest, for four years, to be by the mayor and commonalty
applied towards the building and repairing of public wharves
and bridges in the said city, they likewise giving their re-
ceipts to the said trustees for the same. .
And that the sum of four hundred pounds, in bills of credit,
be delivered by the said trustees to the treasurer of the county
of Chester, he giving his receipt for the same; and that three
hundred pounds thereof be applied towards building a court-
house at Chester; and the other hundred pounds for making
and repairing bridges on the King’s high road from Philadel-
phia to Newcastle, and towards other public charges.

ZiPassed- May 5, 1722, Chapter 248.
3 Passed December 12, 1723, ‘Chapter 276.
I723] The Statutes at Large of Pennsylvania‘.
403
And that the further sum of two hundred pounds, in bills of
credit, he delivered to the treasurer of the county of Bucks, he
likewise giving his receipt for thesame.
And that the said several sums so lent, and not hereby al-
ready appropriated to particular uses, shall be applied to such
public services as the said mayor and common council shall,
within the limits of the said city, and the commissioners and
assessors of the said counties shall, within their several nre-
cincts, respectively order and direct. And that the said sev—
eral receipts shall be deemed and allowed to be good dis-
charges to the said trustees, their heirs, executors and adminis-
trators for the sums respectively mentioned therein.
1Which said bills shall be sunk by such proportions as other
loans are in this act appointed by taxes to be laid for that pur-
pose, in the same manner that county and city levies are usu-
' ally raised and levied, v‘until all the said bills of credit, so as
aforesaid received on the account and for the use of the said
city and counties respectively, be sunk in the manner hereby
prescribed for sinking bills of credit in the said loan ofﬁce, and
as the said act for emitting ﬁfteen thousand pounds in the like
cases directs. ‘
And whereas the true and regular sinking of the said bills of
credit will very much conduce to the keeping up the value of
the same:
I [Section IX.] Be it enacted by the authority aforesaid, That
a committee of the assembly of this pro-vince shall, once every
year, or oftener, as the assembly shall think ﬁt, be appointed
to audit the accounts of all the moneys so as aforesaid to be
received by the provincial treasurer, county treasurers and
mayor of Philadelphia, together with the sums of money in
bills of credit, let out upon loan to the inhabitants of this prov-
ince, according to the direction of this act, and also the sums
of money and bills of credit received by the said trustees from
the respective mortgagors, their heirs, executors and adminis-
trators; and shall, within one week next after the [said] ac-
counts are audited, affix‘ advertisements in the most public
places of the city of Philadelphia, setting forth what quantity
of money has been received and is in the hands of the trustees
QG—II
404
The Statutes at Large of Pennsylvania. [I 7 2.3
aforesaid, over and above what will‘ pay the interest due to the
public for the loan of the said bills of credit let out upon mort-
gage by virtue of this act; which money shall by the said trus~
tees be given in exchange for bills of credit, made current by
this act to any person or persons bringing in the same. And-
the said bills of credit, received as part of the principal sum
lent out of the said ofﬁce in manner aforesaid, and remaining
in the hands of the trustees, shall, within ten days after such-
audit, be sunk and destroyed in the presence of the committee,
who shall be appointed auditors, they having ﬁrst compared
the said bills of credit with their counterparts, and entered into
a book to be kept for that purpose the number and value of each
bill of credit so sunk and destroyed. ‘
And that after the aforesaid sum of twenty-six thousand ﬁve
hundred pounds, in the said bills of credit, ordered to be let out
upon loan by this act, shall be accounted for by the said trus-
tees, and sunk according to the direction of this act, the afore-
said trustees, their heirs, executors and administrators, and
every of them, shall, from thenceforward, stand and forever
be clearly discharged and acquitted of and from all and all
manner of security, and other or further demands to be had or
made for anything by them done in discharge and execution of
the trust reposed in them by this act.
Provided always, That if any person or persons who shall
take upon loan any of the said bills of credit, shall see cause
at any time after the making the said mortgage, and before the
forfeiture and sale thereof, to pay down the whole principal and
interest then due, in like public bills of credit or current money
of America; upon his or her so doing, such mortgage or secur-
ity shall be released and delivered in the manner before di-
rected, and the lands, ground—rents and houses in the said mort-
gage deed contained and mortgaged shall be forever discharged
therefrom.
[Section X.] And it is hereby declared and enacted, That if
any sum or sums shall be so paid down, pursuant to this clause,
or to the like clause in the said act for emitting ﬁfteen thousand
pounds, before or at other days or times of payment than what
are or shall be mentioned or speciﬁed in the respective mort-
I72 3] ' The Statutes at Large of Pennsylvania.
405
gages, then and in every such case it shall be lawful for the trus-
tees of the loan ofﬁce hereby and by the said act erected respec-
tively, and they are hereby required, in the presence of the com-
mittee of assembly, to sink such part or parts of the principal
sums due upon the said mortgages, when such payments are
made as the said acts respectively direct in other cases, and
' thereupon emit or let out upon loan all the residue thereof, to-
gether with such other sums as shall arise from the sales of es-
tates forfeited and sold pursuant to the said acts. All which
sums so emitted shall be secured and made payable, with the
interest of ﬁve per cent per annum, at such days and times, and
after such manner as in and by this and the other act is re-
spectively limited, and not otherwise, so that the payments
be proportioned to the time unexpired in the said respective
acts.
[Section XL] And be it enacted by the authority aforesaid,
That the annual interest received for the loan of the said bills of
credit which shall be remaining in money in the hands of the
said trustees, after the accounts audited as aforesaid, and after
salaries and charges allowed by this act are deducted, shall be
disposed of in such manner as the assembly of this province
shall from time to time think ﬁt to order and direct.
[Section XIL] And be it further enacted by the authority
aforesaid, That if any person or persons whatsoever, within
this province, shall, during the said twelve years and a half,
offer to sell or expose to sale any goods or chattels, lands or
tenements whatsoever, and deny or refuse to sell, or ask a
greater value for the same, unless payment be made in current
silver money, gold, plate, dollars, or other specie whatsoever,
and not in the said bills of credit (whereby the credit of the said
bills may be impaired), then and in such case the person so ex-
posing to sale, and refusing as aforesaid, shall, if the goods or
chattels exposed to sale be under the value of ﬁve pounds,
forfeit the sum of thirty shillings for each offense, to be recov-
ered before any justice of the peace within this province, upon
the oath or afﬁrmation of any two witnesses; and if the value
of the goods or chattels, lands or tenements, be above ﬁve
pounds and under ﬁfty pounds, the exposer-to-sale shall forfeit
406
T/ze Statutes at Large of Pennsylvania. [1 7 23
the sum of ﬁve pounds. And if the, goods or chattels, lands or
tenements be above the value of ﬁfty pounds, and under one
hundred pounds, the exposer-to-sale shall forfeit the sum of
ten pounds. And if the value of the goods and chattels, lands
or tenements be above one hundred pounds, the exposer-to-sale
shall forfeit ﬁfty pounds, to be recovered by action of debt in
any court of record within this province, with costs of suit-—
the ﬁrst two forfeitures to the use of any person that shall sue
for the same; the other two forfeitures, the one-half to the use
of such persons as shall sue for and prosecute the same with
effect, the other half to the governor, to be applied towards the
support of the government of this province; any law, custom
or usage to the contrary in anywise notwithstanding. -
[Section XIIL] And be it further enacted by the authority
aforesaid, That if any person or persons whatsoever shall pre-
sume to forge or counterfeit, or be aiding or assisting in forging
or counterfeiting any of the said bills of credit, or utter or
cause to be uttered or offered in payment, any bill or bills
(knowing the same to be actually forged or counterfeited) with
an intent to defraud any other person or persons, and be thereof
legally convicted, he, she or they so offending shall be set upon
the pillory in some open public place, and there have both his
or her ears cut off, and be publicly whipped on his or her bare
back with thirty-one lashes well laid on; and moreover shall
forfeit the sum of one hundred pounds, current money of Amer-
ica, to be levied of the lands and tenements, goods and chattels
of such offenders, the one-half thereof to the use of the govern-
ment, and the other half thereof to the discoverer. And the
offender shall pay to the party grieved double the value of the
damage sustained by the said counterfeit bills, together with
the costs and charges of prosecution. And in case the person
or persons so convicted have not sufﬁcient to satisfy the party
for his or her damages and charges, and to pay the forfeiture
aforesaid, then and in such case the offender or offenders shall,
by order of the court before which they were convicted, be sold
for any term not exceeding seven years for satisfaction of the
same. And in such case the trustees of the said loan ofﬁce
shall reward the discoverer and prosecutor of such insolvent
offenders to the value of ﬁve pounds.
I 72 3] The Statutes at Large of Pennsylvania.
407
And that all ‘magistrates, and others, into whose hands any
counterfeited bills may happen to come, shall forthwith de-
liver the-same to one of the trustees of the said loan ofﬁce, who
shall cause the names of those that delivered them, and of the
persons from whom they were taken, to be indorsed on the back
thereof; which bills shall be safely kept in the said ofﬁce, and
be forthcoming when there may be occasion to make use of the
same.
[Section XIV.] And it is hereby declared and enacted by the
authority aforesaid, That this present act, and the said other
act for “emitting ﬁfteen thousand pounds,”1 shall be taken and
allowed in all courts within this province as public acts and
[all] judges, justices and other persons concerned therein are
hereby required to take notice thereof as such, without plead-
ing the same specially.
Provided always, That it shall be lawful for the said trus-
tees of the loan ofﬁce to lend unto Owen Roberts, collector of
the impost, &c., the sum of four hundred pounds, upon his giving
land security, as is usual upon such loans: which sum is to be
delivered to the provincial treasurer towards paying the ar-
rears due from the said Owen Roberts to the treasury of this
province; anything herein contained to the contrary notwith-
standing.

Passed December 12, 1723. Allowed to become a law by lapse of
time in accordance with the proprietary charter. ‘See Appendix
VI, ‘Section I, and the Act of Assembly passed March 5, 1725-26,
Chapter 289, and note there-to.
1-See Chapter 261, ante.
. 408
The Statutes at Large of Pennsylvania. [1723
CHAPTER ooLxxvI.

AN AJC'TLAYINlG A-N EXCISE ON ALL ‘WIN‘E, RUM, 'BRJANIDY AND OTHER.
[SPIRITS rRETlAI‘LEiD IN THIS PROVINCE. .
_ To the end that provision be made for the payment of public
debts, and defraying the necessary charges of government:
[Section I.] Be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province in
General Assembly'met, and by the authority of the same, That.
there shall be throughout this province, raised, levied, col
lected and paid for all wine, rum, brandy and other spirits,
retailed, sold, drawn or bartered by any person or persons what--
soever, by any quantity under thirty-ﬁve gallons, and delivered
at one time, and to one person at any time, after the fourteenth
day of May next, one thousand seven hundred and twenty-four,
and before the fourteenth day of May, one thousand seven hun-~
dred and twenty-seven, the rate or sum of six pence per gallon,
and so proportionably for a greater or lesser quantity.
[Section 11.] And be it further enacted by the authority
aforesaid, That every retailer of all or any of the said liquors,
before he or they draw, sell or barter any of the said liquors,
shall enter his or [her] name and place of abode with the col--
lector hereinafter appointed or his deputy in a book to be by‘
him kept for that purpose, and shall also take and have from»
the said collector or his deputies respectively a permit for
drawing or selling such liquors, for which entry and permit
they shall pay one shilling and no more. And all such retailers
and every of them, are hereby enjoined once in every six weeks,
or oftener if required, to make true and particular entries.
with the collector or his deputies aforesaid, upon oath or
afﬁrmation, which the said collector and his deputies are hereby
fully empowered to administer, of all wine, rum, brandy and
other spirits which they or any of them shall vend, barter or
retail within that time, and so from time to time during the
172 3] The Statutes at Large of Pennsylvania.
409
continuance of this act; and shall and are hereby required to
account and pay unto the said collector or his deputy, once in
six weeks, or oftener if required, all such sum and sums of
money as shall become due and payable by virtue of this act.
[Section 111.] And be it further enacted by the authority
aforesaid, That all and every retailer of all or any of the
liquors aforesaid, shall on the entry of their names and places
of abode with the ofﬁcer aforesaid, give unto the said collector,
or his deputy, an exact and true account of all rum, wine,
brandy and other spirits, which shall be in their possession at
the time of entry aforesaid; and shall also from time to time,
after the said fourteenth day of May next, before they take
into their houses, shops, cellars, vaults or stores, any cask or
quantity of liquors, liable to pay the duties imposed by this act,
make entry of all and every of such cask or quantity of liquors
with the collector aforesaid, or his deputy, with the marks,
numbers and contents thereof; and shall receive from him a
certiﬁcate or duplicate of such entry, if required by the party,
for which entry and certiﬁcate the said retailer shall pay six
pence and no more.
[Section IV.] And be it further enacted by the authority
aforesaid, That if any retailer shall presume to retail, draw,
\ sell or barter any of the liquors aforesaid, without having ﬁrst
entered his or her name and place of abode with the collector
or his deputy, as this act directs, every such retailer shall for-
feit and pay the sum of ﬁve pounds over and above the duties
for all such liquors retailed by them [as] aforesaid.
Or, if after such entry made, any such retailer shall refuse
or neglect to make true and particular entries every six weeks,
as directed by this act, or shall refuse or neglect to account
with and pay to the said collector or his deputy what shall ap-
pear to be due by this act, upon the entries made by them as
aforesaid, once in every six weeks, and oftener if thereunto re-
quired, every such retailer shall forfeit and pay for so neg-
lecting or refusing to enter the liquors drawn every six
weeks respectively, and to account and pay as aforesaid, for the
ﬁrst oﬁense the sum of twenty shillings, and for the second and
every other offense forty shillings, and have their permit or
410
T/ze Statutes at Large of Pennsylvania. [I72 3
license taken away, and are hereby declared incapable of re-
tailing or selling any of the liquors aforesaid during the con-
tinuance of this act.
[Section V.] And be it further enacted by the authority afore-
said, That if any person shall make short or fraudulent entries
of the liquors in his or her possession as aforesaid, or shall
neglect or refuse to enter and take permits for such liquors as
he or she shall receive into his or her house, shop, cellar, vault
or store after the said fourteenth day of May all such liquors
not entered as aforesaid shall be forfeited, and the collector
hereafter named, or his deputies, is hereby empowered to
enter at any [time] when they shall see convenient, the house,
cellar, vault, shop or store of any retailer, and to compare the
liquors in such house, cellar, vault, shop or store, with the en-
tries made, and to seize and take away all such liquors as shall
be found not truly entered as aforesaid. I
[Section VI.] And be it further enacted by the authority
aforesaid, That the said collector, or his deputies, may enter
into any house, cellar, vault, store or other room, to search,
examine and gauge the liquors of any retailer,‘ as often as he
shall see ﬁt; and upon their refusing him so to do, he may force
and break open doors to gauge and examine the same: and in
case of opposition, if necessity requires, shall take to his assist-
ance the sheriff or one or more constables of the town or county
respectively, who, without any other warrant, are hereby, under
the penalty of ﬁve pounds for every refusal or neglect, required
to be aiding and assisting to the said collector and deputies
‘ therein, for the better and more effectual collecting the duties,
penalties and forfeitures imposed by this act.
Provided always, That there shall be allowed by the collec-
tors or his deputies unto the several retailers of the liquors
aforesaid ﬁfteen per cent for leakage or wastage; and if any
cask shall happen to start or burst, no duties shall be reckoned
for the liquors lost thereby.
[Section VII.] And be it further enacted by the authority
aforesaid, That Charles Read, of Philadelphia, gentleman, shall
be and hereby is appointed the collector and receiver of the du-
ties, ﬁnes and forfeitures aforesaid, laid and to be laid, imposed
I723] ' The Statutes at Large of Pennsylvania.
411
and levied by virtueof this act; which the said collector or his
deputy is hereby empowered to demand, collect, receive and re-
cover, of and from all and every person retailing or vending
any of the liquors by this act appointed to pay the duties afore-
said.
And the said collector is hereby required to keep fair and
true accounts in writing of all his doings in the premises, which
accounts, together with his books and entries, he shall from
time to time submit to the view and inspection of the provincial
treasurer for the time being, and ther'eupon settle and adjust
the said accounts, and also lay the same before the assembly
of this province, when, and so often as he shall be thereunto re-
quired.
I And the said collector shall once in six weeks, or oftener if
required, pay unto the provincial treasurer all such sums of
money as he shall receive by virtue of this act, deducting out
of the same ten per cent for all sums by him received and paid
as aforesaid, for his trouble and care in collecting, receiving
and paying the same, and shall be further allowed, in the ﬁnal
adjusting his accounts, with the assembly of this province,
all reasonable charges which may have accrued in the prose-
cuting of the seizures and persons offending against this act.
And the said collector, before he enters upon the execution
of his said ofﬁce, is hereby required to give bond with two sufﬁ-
cient securities to the said treasurer for the time being in the
sum of ﬁve hundred pounds, for the faithful discharge of his
duty,and for his accounting and paying all such sums of money
as he shall from time to time receive by virtue of this act.
And the said Charles Read, collector, is hereby empowered to
appoint deputies (for whom he shall be answerable) in: the re-
spective counties of this province, which said deputies are here-
by fully empowered to act as deputy collectors in their respec-
tive counties to all intents and purposes as fully as the said
Charles Read could do’ by virtue of this act.
Provided always, That the said deputy collectors shall make
no entries nor receive any of the duties imposed by this act
from any retailer but such who are in the respective counties
where such deputy collector shall reside.
412
The Statutes at Large of Pennsylvania. [1 723
And the said collector is hereby required to give public no-
tice, by printed advertisements ﬁxed on all convenient public
places, certifying the time of the commencement of this act,
and also the duties hereby imposed, with notice ‘to the consta-
bles of their duty, and full directions how and when the said
entries are to be made pursuant to this act.
[Section VIII] Provided always, and be it further enacted,
That in case the said Charles Read shall refuse to take upon him
to, be the ofﬁcer or collector of the said duties, or, having taken
the same upon him, shall afterwards neglect or decline the
same, or misbehave himself there-in, or die during the continu-
ance of this act, that then, and in any such case, the provincial
treasurer for the time being is hereby empowered and required
to appoint anotherin his place or stead, who shall have the
same power and authority as by this act is given to the said
Charles Read, until the assembly appoints another; and the
said collector so appointed shall be subject to the same restric-
tions and penalties as this act directs. ‘
[Section IX.] And be it further enacted, That the collector
for the time being, with the approbation of the treasurer, shall
have full power, and is hereby empowered from time to time,
during the continuance of this act, to contract and agree with
any person or persons for their respective rates and duties here-
by imposed for the greatest beneﬁt and advantage of this part
of the public revenue. '
[Section X.] And be it further enacted by the authority
aforesaid, That all the forfeitures and offenses made, done and
committed against this act, or any clause or article therein con-
tained, shall be heard, adjudged and determined by such
person and persons, and in manner and form as hereafter is
mentioned and directed: (That is to say) all such forfeitures and
offenses made and committed within the city of Philadelphia,
shall be heard, adjudged and determined by two justices of
the peace residing within the said city; and all such forfeitures
and offenses made and committed within any of the counties
within this province, shall be heard and determined by any two
or more of the justices of the respective counties where such
forfeitures shall be made or offenses committed.
II 7 23] The Statutes at Large of Pennsylvania.
413.
I “ And if the party ﬁnd him or herself aggrieved by the judg—
ment given by the said justices, he or she may appeal to the
justices of the peace of the next quarter-sessions, who are
hereby empowered and authorized to hear and determine the
same, and whose judgment therein shall be ﬁnal.
All which said justices of the said city and counties of this
province, are hereby authorized and strictly enjoined and re-
quired, upon any complaint or information exhibited and
brought, of any such forfeiture made and offense committed
contrary to this act, to summon the party accused, and upon
his or her appearance or contempt, to proceed to examination
of the matters of fact, and upon due proof thereof, either by the
confession of the party, or by the oath or afﬁrmation of one or
more credible witnesses, to give judgment or sentence as be-
fore is directed and to award and issue out warrants under
their hands and seals, for the levying of such forfeitures, penal-
ties and ﬁnes, as by this act is imposed for any such offense
committed, upon the goods and chattels of such offender; and to
cause sale to be made of the said goods and chattels, if they
are not redeemed within ﬁve days, rendering to the parties the
overplus (if any be), the charges of distress and sale being ﬁrst
deducted; and for want of sufﬁcient distress to imprison the
, party offending until satisfaction be made.
[Section XL] And be it further enacted by the authority
aforesaid, That if the said ofﬁcer or his deputy, or any sheriff
or constable, shall be sued and prosecuted for anything done
by them in pursuance of this act, he may plead the general
issue, and give this act and special matter in evidence for his
or their justiﬁcation; and in case a verdict shall be given
against the prosecutor, or he-shall become non-suit, or suffer a
discontinuance, the defendant shall recover treble costs, to be
recovered as is usual in such cases. '
[Section XIL] And be it further enacted by the authority
aforesaid, That all and every the constables of the respective
townships or districts in this province, shall and are hereby
required under penalty of the forfeiture of twenty shillings for
every refusal or neglect to return on oath or afﬁrmation, unto
'the court of quarter-sessions in their respective counties, the
414
T/ze Statutes at Large of Pennsylvania. [1 723
names and places of abode of all persons in their several town-
ships or districts retailing or vending any liquors liable to pay‘
the duties imposed on such liquors by this act, and that the col-
lector before named, and his, deputies, may and shall have re--
course to the returns of the constables, for the better collect-~
ing the duties, ﬁnes and forfeitures arising upon this act.
[Section XIIL] And be it further enacted, That one-half part
of all the ﬁnes and forfeitures arising by this act shall go to-
him or them that shall inform and sue for the same, and the
residue shall remain in the hands of the provincial treasurer
for the time being, for the public uses of this government.
Provided always, That nothing in this act contained shall be-
construed to countenance or authorize any person or persons to-
sell liquors within doors or keep public house or houses of en-
tertainment, who are not licensed so to do, pursuant to the laws-
of this province in such cases provided.
And preventing’ frauds and abuses in collecting the duties,
ﬁnes and forfeitures arising by this act: _
[Section XIV .] Be it further enacted by the authority afore-~
said, That it shall and may be lawful for any justice of
the peace in this province, upon application [made] by the
said collector or his deputies respectively, to summon any
person or persons to appear before such justice, at such time
and place as he shall appoint, to give evidence upon oath or
afﬁrmation for discovering of frauds and abuses committed
against this act; and if any person or persons, summoned as-
aforesaid, shall neglect or refuse to appear and give evidence as
aforesaid, he, she or they so offending shall for every such of-
fense be ﬁned by the justice that issued out the said summons
in any sum not exceeding twenty shillings and be committed to
prison until paid. -
[Section XV.] And be it further enacted by the authority
aforesaid, That the law of this province made in the eighth year
of His Majesty’s reign, entitled “An act for laying an excise
or duty on all wine, rum and other spirits retailed in this pro-
vince,” 1 together with the clauses, matters and things therein
contained, shall continue and be in full force until the four—

1 Passed May 1-2, 1722, Chapter 251.
‘I 723] . The Statutes at Large of Pennsylvania.
415
teenth dayof May, one thousand seven hundred and twenty-
four, and no longer.
Provided nevertheless, That nothing in this act contained
shall be construed, deemed or taken to lessen, abate or make
void any of the duties imposed by the said ‘law, or the arrearages
thereof due or to become due thereby, until the said four-
teenth day of May next; but that the collector appointed by
the said act and his deputies are hereby respectively empow?
‘ered'and required to collect and receive all the said duties with
' the arrearages, thereof which shall be due on the fourteenth day
of May next, and that so much of the said act as enables the oﬁ‘i-
cer or ofﬁcers therein appointed to collect, sue for, and receive
' the duties and forfeitures due, or to become due, before the four-
teenth day of May next, shall continue and be in force until all
the moneys and forfeitures due, or to become due, or that shall
be forfeited by force and virtue of the said act, shall be recov-
ered and paid according to the true intent and meaning thereof.
[Section XVI] And be it further enacted by the authority
aforesaid, That the said collector out of the sum by the said
act of the eighth of King George, ‘appointed to remain in his
hands .to pay the bounty money for hemp, shall answer the
same accordingly during the continuance of the said act, and
that the residue of all the moneys arising, or that hath arisen
by virtue of that act, or any other or former law of this pro-
vince, whereby an impost, duty or excise is laid upon liquors,
or any other law whatsoever, and not otherwise appropri-
ated, shall be paid into the hands of the provincial treasurer
for the time being, who shall retain ﬁve per cent for his trouble
in receiving and paying the same, as the assembly did or shall
direct.
[Section XVIL] And be it further enacted, That the said
collector shall, out of the money arising by this act, pay a
bounty of two pence per gallon for all proof spirits distilled or
‘ to be distilled in this province, which shall be exported and
carried out to sea: Provided that it be made appear to the said
collector upon the oath or afﬁrmation of the maker or distiller
that the same spirits were bona ﬁde distilled in this province,
and are clear of all mixtures of rum or any other foreign spirits
whatsoever.
416
The Statutes at Large of Pennsylvania.’ [1 723
Whereas by a law of this province passed in the eighth year
of his present Majesty’s reign, entitled “An act for laying a
duty on wine, rum, brandy and spirits, molasses, cider, hops
and ﬂax, imported, landed or brought into this province,”2 sev-
eral rates and duties therein mentioned were laid upon Madeira
wines, Fayal wines "and upon rum, brandy and spirits, as also
upon molasses, cider, hops and ﬂax, imported, landed or
brought within any port or place belonging to this province.
at any time after the thirteenth day of May, which was in the
year one thousand seven hundred and twenty-two, and until
the thirteenth day of May, which will be in the year one thou-
sand seven hundred and twenty-ﬁve, and by another law of
this province, passed in the ninth year of his said Majesty’s
reign, entitled “An act for the encouragement of trade,” 3 re-
citing the said other act, some part of the said duties were
abated, and divers allowances made upon payment of duties in
silver or gold, and for prompt pay, as also a rebate for shipping
off the country produce as by the said acts, relation being
thereunto severally had, may more fully appear.
Now forasmuch as the said impost became prejudicial to
trade, and not effectually to answer the real design of laying it,
and this general assembly having added to the paper cur-
rency, in expectation of promoting commerce and dealing, as
well as to put the inhabitants of this province in a capacity
to pay their debts and support government:
[Section XVIIL] Therefore be it enacted by the authority
aforesaid, That from and after the ﬁrst day of February next,
after the publication of this act, all and every the said rates
and duties, allowances and reductions, in and by the said acts
or either of them charged, imposed or mentioned, shall cease,
determine and be no longer payable, paid or collected, any-
thing in the said acts contained to the contrary notwithstand-
ing.
Provided always, That nothing hereby enacted shall excuse
any of the ofﬁcers constituted and appointed to put the said
acts in execution for their or any of their misfeasances or

2 Passed May 12, 1722, Chapter 249.
3‘Passed March 30, 1723, Chapter 269.
I724] The Statutes at Large of Pennsylvania.
4:17
neglects in performing their several duties required by the said
acts, nor shall this act in anywise lessen or vacate any of the
securities given by the provincial treasurer or collectors, for
their due observance of the said acts.
And whereas it has been the practice of divers persons that
were not retailers of the said liquors formerly to draw olf cer-
tain quantities of wine, rum and other spirits and distribute
the same amongst their neighbors on purpose to elude the pay
' ment of excise. For prevention whereof for the future:
[Section XIX.] It is hereby enacted and declared, That
such drawing, distributing or sharing any of the said liquors,
I out-- of any vessel or vessels containing thirty-ﬁve gallons and
upwards, under any pretense whatsoever, shall be deemed and
taken to beretailing within the meaning of this act.
Passed December 12,1723. Apparently never submitted to the con-
sideration of the Crown. See Appendix V, Section I, and the Acts
of Assembly passed May 6, 1727, Chapter 294; February 24., 1729-30,
Chapter 313.

CHAPTER CCLXXVII.
AN’ ACT FOR ‘CONTIN'UIN‘G AND ESTABLISHING A FERRY OVER NE—
SHAMINY CREEK, ON THE KIN'G’S HIGH ROAID FROM PHILADEL—
PHIA TO BRISTOL, IN THE COUNTY OT‘ BUCK-S.
Forasmuch as the said ferry, by divers years’ experience, has
been found convenient to accommodate travelers and others
passing and repassing that way. Therefore, may it please the
governor that it may be enacted:
[Section I.]And be it enacted by Sir William Keith, Baronet,
Governor of the Province of Pennsylvania, &c., by and with the
advice and consent of the freemen of the said Province in
General Assembly met, and by the authority of the same, That
‘there shall be continued and kept a ferry at the usual place
over Neshaminy Creek, by John Baldwin, his heirs, executors
and assigns, who shall and are hereby required to maintain and
keep the said ferry, from time to time, with good and sufﬁcient
418
The Statutes at Large of Pennsylvania. [1724
boats, oars and hands, and to make and maintain good and
sufficient causeways and wharves on each side of the ‘said
creek, for landing of persons, carts, carriages, cattle, horses
and goods, which at the place aforesaid are to be carried over-
the said creek.
And that the said John Baldwin, and his heirs, executors and
assigns, shall at all times hereafter during the time limited by
this act, by him or themselves, or servants, give constant and
due attendance on the said ferry.
And the said John Baldwin, his heirs, executors and assigns,
shall have and receive for the ferriage over, at the place afore— .
said, of all persons (the proprietary and his lieutenant gov-
ernor and their attendants excepted) the rates and prices fol- .
lowing: (That is to say)
For every horse and rider, three pence.
For every single person on foot, two pence.
For every ox, cow or heifer, three pence.
For every sheep, one penny.
For every hog, one penny.
For every coach,‘ loaded wagon or cart, one shilling.
And for every empty wagon or cart, six pence.
And for every sleigh or sled, three pence.
And if the said John Baldwin, his heirs, executors, adminis-
trators or assigns, shall not maintain and keep such a sufﬁcient
boat, as aforesaid, with sufﬁcient and able hands, or shall not
give constant and due attendance on the service of the said
ferry, or shall demand any greater or other fees for the carriage
of any passenger, carriages, cattle, horses, hogs or sheep, than
is hereinbefore allowed and appointed, then and in every such
case he shall forfeit and pay the sum of ﬁve pounds, lawful
money of America, for every such offense, to be recovered be-
fore any justice of the peace of the said county, the one moiety
thereof to the party grieved, or to him or them who shall sue
for the same, and the other moiety to be applied towards the
repairing of bridges in the said county.
[Section II.] And be it further enacted by the authority
aforesaid, That he, the said John Baldwin, his heirs, execu-
tors, administrators and assigns, shall and may hold and
I 724] The Statutes at Large of Pennsylvania. _
419
enjoy the said ferry for and‘ during the term of seven years from
‘the publication of this act, if he or they shall so long behave
themselves well therein, and that no other person or persons
shall hereafter, for and during the said term of seven years,
presume to carry any passengers, horses, cattle, sheep or hogs,
for any wages, hire or reward whatsoever, over the said creek,
within the space of two miles either above or below the said
ferry hereby appointed, under the penalty of ﬁve pounds for-
feiture, to be recovered and applied as aforesaid.
Passed May 9, 1724. Apparently never submitted to the con-
si-deration of the ‘Crown, but allowed to become a law by lapse of
time in accordance with the proprietary charter. See Appendix V,
Section I, and the Acts of Assembly passed June 7, 1712, Chapter
191; February 8, 1766, Chapter 533 (and note thereto); September
6, 1785, Chapter 1172.

CHAPTER CCLXXVIII.
AN AJCT To ENABLE TRIUST‘EES TO SELL THE OLD COURT-HOUSE
-'AND PRISON .BELoNIGINrG To THE BOROUGH AND COUNTY OF CHES-
‘TER. ' ,
‘Whereas in or about the year one thousand six hundred and
ninety-four the then justices of the peace and grand jury of the
said county did. agree with one John Hoskins for the piece of
ground hereinafter described whereon the said court-house
was afterwards built with a prison under it, in pursuance of
which agreement the ‘said John Hoskins by his deed poll duly
executed ‘and acknowledged in court, bearing date the ninth
day of the month called June, one thousand six hundred and
ninety~seven, for a valuable consideration therein mentioned,
did grant and convey unto John Simcock, John Blunston, Sam-
uel Levis, Jasper Yeates and Jonathan Hayes, the then jus-
tices of the county aforesaid, all the said piece of ground with
the appurtenances whereon the said court-house then did and
now doth stand, situate, lying and being on the southwest side
of the street opposite to the house where the said Hoskins then
27—II
42¢
The Sz‘az‘utes at Large of Pennsylvania, D‘ [I 724
dwelt, bounded eastward with the said street at the extent of
thirty foot from the front of the said house now of Stephen
Hoskins,.southward with a piece of ground late of Robert Wade
(but now of James Logan), westward with Chester Creek, north-
ward with the lot formerly of Francis Little but then in the
tenure of Henry Hollingsworth, containing about nine-and-
twenty foot in breadth, and in length from the said street down
to low water mark in the said creek (excepting only the alley
or passage laid out and left open being about six foot and a
half wide between the said court-house and the said Francis
Little’s lot down to the creek), to hold the said piece of
ground, court-house and other the premises, together with the
free use and liberty of ingress, egress and regress into and
_ through the said alley or passage, and all other the appurte-
nances to the granted premises belonging unto the said John
'Siimcock, John Blunston, Jasper Yeates, Samuel Levis and
Jonathan Hayes and their successors in the said ofﬁce to and
for the only use and service of the said county of Chester for-
ever and to no other use, intent and purpose whatsoever.
Now forasmuch as the said old court-house and ground
where it stands is become of no use or service to the county,
yet the value thereof would help to build the new one but the
same cannot be sold without the assistance of general as-
sembly, may it therefore please the governor that it be en-
acted:
[Section I.] And be it enacted by Sir William Keith, Baro-
net, Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the saidProvince
in General Assembly met, and by the authority of the same,
That the said old court-house, prison, piece of ground and all
other the hereditaments and premises so as aforesaid granted
to the said late justices of the said county of Chester and their
successors for the use aforesaid, with all the rights, privileges,
liberties, ways, alleys, waters, watercourses, lights, easements,
emoluments and appurtenances whatsoever thereunto belong-
ing or in anywise appertaining or deemed, reputed, used or en-
joyed as part, parcel or member thereof, shall from and after
the twenty-eighth day ofMay, one thousand-seven hundred and
1.72.4] The Statutes at Large of Pennsylvania.
421
twenty-four, be actually vested and settled in Henry Pierce,
John Crosby, Robert Pyle and Isaac Taylor, their heirs and as-
signs. }_ And that from andafter the said twenty-eighth day of
May, one thousand seven hundred and twenty-four, they, the
said Henry Pierce, John Crosby, Robert Pyle and Isaac Taylor,
shall be adjudged and taken to be seized thereof to them and
their heirs and may hold and enjoy the same free from any
estates, uses, trusts, limitations, titles, charges and incum-
brances whatsoever had or made by the said late justices or
any claiming by, from or under them, or under the said'John
Hoskins, upon trust nevertheless that they, the said Henry
Pierce, John Crosby, Robert Pyle and Isaac Taylor and the sur~
vivor and survivors of them and their heirs shall with all con-
venient speed make sale and assurance of the said old court-
house, prison, piece of ground and all other the said heredita-
ments and premises hereby vested or mentioned or intended
to be vested and settled in them as aforesaid, and all their es-
tate and estates therein to such person or persons as shall pur—
chase the same in fee-simple or otherwise for the best price
that can (bona ﬁde) be gotten for the same. And shall pay
the money raised by such sale to the treasurer of the said
county of Chester .for the time being to be by him issued and
paid towards building of the said new court-house at Chester
aforesaid, they, the said trustees, ﬁrst deducting to themselves
all reasonable expenses and charges by them laid out in and
about the execution of the said trust.
Passed May 9, 1724. Apparently never submitted to the con-
sideration of the Crown. See Appendix V, Section I, and the Acts
of Assembly passed October 28, 1701, Chapter 113; January 12, -
‘ 1705—06, Chapter 165; March 20, 1780, Chapter 901; March 22, 1784,
Chapter 1081; March 30, 1785, Chapter 1152; March 18, 1786, Chap-
ter 1215; March 3, 1788, Chapter 1336; September 26, 1789, Chapter
14-43; March 12, 1800, Chapter 2125.
422
T/ze Statutes at Large of Pennsylvania. 724
CHAPTER GCLXXIX.

AN ACT TO IMPROVE THE BREED OF HORSES, AND RE'GULAT'E
RANGERS. '
Whereas the multitude of small sized stone-horses running
at large in the woods has very much degenerated the breed of
good horses, and is found very detrimental to the inhabitants
of this province, it is thought necessary that some suitable
remedy be provided in that behalf; we therefore pray that it
may be enacted:
[Section 1.] And be it enacted by Sir William Keith, Baro-
net, Governor of the Province of Pennsylvania, &c., by and with '
the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
That from and after the publication of this act no stone-horse
of above eighteen months old shall be suffered to run at large
within this province unless such horse be of a comely propor-
tion, and by the judgment of the taker-up and one other free-
holder in the neighborhood where he is taken up, shall be
full thirteen hands high, from the ground to the withers, reck-
oning four inches standard measure to one hand.
And in case any stone-horse uotherwise than is above de—
scribed, shall be found loose and at large in the woods, it shall
and may be lawful for any freeholder to take up and secure
such horse or horses in order to have them cut or gelt by a
skillful gelder, on the risk of the owner, or cause him or them to
be detained until the owner or owners of such horses (having
speedy and convenient notice thereof) shall geld or cut, or cause
them to be gelt or cut; for which taking up and gelding the
owner or owners of such horse or horses shall pay to the person
so taking up, securing and gelding, the sum of ten shillings, to
be recovered in like manner before any justice of the peace as
-a debt under forty shillings.
Provided always, That no person shall be entitled to the said
sum of ten shillings unless proof be made by one or more credi-
i724] T/ée Statutes at Large of Pennsylvania.
423
ble witnesses that the horse so gelt was seen well one month
after the time of gelding.
[Section 11.] And be it enacted by the authority aforesaid,
.That if any stone-horse or horses shall be found at large, above
the age aforesaid, and under fourteen hands high, it shall and ~
may be lawful for any freeholder to take up such horse or
‘horses, and with the assistance of two other suﬁicient free—
holders of the neighborhood where such horse is taken up, to
view the said horse or horses, and if they shall judge such
horse or horses not of comely proportion, or ﬁt to run at large,
according to the intent and meaning of this act, then it shall be
lawful for the said freeholders to order the same to be gelt by
such a person as is above directed. And all persons whatso-
ever that are or shall be owner or owners of such horse or
horses so adjudged and gelt shall pay the like sum as above
allowed, to be recovered in the same manner as is by this act di-
rected, any law, usage or custom to the contrary in anywise
notwithstanding. I
[Section 111.] And be it enacted by the authority aforesaid,
That if any horse or colt shall be taken and gelt, according to
the direction of this act, and no owner can be found in the
space of twelve months, that then and in such case it shall and
may be lawful for such person or persons, with the advice and
consent of any two justices of the peace of the county to which
they respectively belong, to sell the same by public vendue,
for the most that can be got; and all and every such person
and persons are hereby required to pay all the moneys arising
by such sales, (after the deduction of all incident charges al—
lowed by this act), into the hands of the county treasurer for
the time being, for the use of the county.
[Section IV.] And be it further enacted by the authority
aforesaid, That no person by color of commission or as com-
mon ranger, shall be allowed to range in the woods or forests
after horses or mares, without license ﬁrst obtained from the
county court where he lives, under the penalty of suffering as
a horse-stealer for every horse or mare that such unlicensed
person shall take up, brand, mark or dispose of.
And forasmuch as it will be absolutely necessary for one or
424
T/ze Statutes at Large of Pennsylvania. _ [1724
more persons in the respective counties of this province to be
licensed as rangers in and for each county, who are hereby em-
powered and required to take up and secure all horses and
mares for which no owner can be found, and all such horses
and mares (after they have been posted in three or more public
places within every county of this province, at least one year),
to sell and dispose of in such manner as is before by this act di-
rected, which said license the justices, at their general quarter-
sessions of the peace for the said respective counties, are hereby
empowered and required to grant and make such allowances to
the said rangers for taking up and securing the horses and
mares aforesaid, as they shall think ﬁt.
[Section V.] And be it further enacted by the authority
aforesaid, That in case any person or persons shall at any time
be sued for anything they do by virtue of this act, they may
plead the general issue, and give this act in evidence.
‘Passed May 9, 1724. Apparently never submitted to the con-
sideration of the Crown, but allowed to become a law by lapse of
time in accordance with the proprietary charter. See Appendix
V, Section I, and the Acts of Assembly passed February 4, 1748-49,
Chapter 375; December 9, 1789, Chapter 1478; April 22, 1794, Chapter
1774. .‘Repealed by Act passed March 20, 1810, P. L. 188.

CHAPTER CCLXXX.
AN ACT FOR THE BETTER ENA'BLIN'G OF JOHN 'CRATHO, MERCHANT,
'CAS‘PlAR rWI‘STAR AND NICHOLAS GA‘TEAU T-O ‘TRADE AND TO BUY
AND HOLD LANIDS IN THIS PROVINCE. I
‘Whereas by the royal charter of the late King Charles the
Second to William Penn, Esquire, late Proprietary and Gov-
ernor of the province of Pennsylvania, license'is granted to all
persons not specially forbidden to transport themselves and
families into the said province, in such shipping as by the laws
of the kingdom of England they ought to use, paying the cus-
toms therefor due; and here to settle themselves, dwell and
inhabit, and plant for the public and their own private advan-
tage, with license to purchase and hold lands in fee-simple or
I 724] T/ze Sz‘az‘nz‘es at Large of Pennsylvania.
_ 425
otherwise of the said proprietary, and his heirs; with further
license to all persons who shall, from time to time, repair
hither with a purpose to inhabit or trade with the natives of
this country, to load freight and transport all and singular their
goods, wares and merchandises not prohibited by the laws and
statutes of England, into any parts whatsoever of the said late
King, his heirs and successors, according to the laws made or
to be made within the said kingdom of England: saving al-
ways to the said late King, his heirs and successors, the legal
impositions, customs or other duties due or to become due, by
any law or statute, for the said wares and merchandises, as by
the said royal charter (amongst other things) may more fully
appear. ,
And whereas the said John Cratho and Caspar ‘Wistar were
born under the allegiance of the Emperor of Germany, and the
said Nicholas Gateau was born under the allegiance of the
King of France, who are now in amity with the King of Great
Britain; and being of the Protestant or Reformed religion and
desirous to come under the power and protection of his British
Majesty, have transported themselves with their effects into
this province; and duly considering the happiness of being gov-
erned by a constitution agreeable to the laws, rights and liber-
ties of England, and desiring to be made partakers of those
immunities belonging to the natural-born subjects of this prov-
ince, and be more effectually secured of those privileges and
advantages granted by his said late royal Majesty, King
Charles the Second, to persons coming into this province to
settle and inhabit, they obtained leave to bring in this bill to
the present assembly.
Now forasmuch as the increase of people in those foreign
plantations is an encouragement to the English trade and a
means of advancing the wealth and strength of the English em-
pire, therefore may it please the governor that it may be en-
acted:
[Section I.] And be it enacted by Sir William Keith, Baro-
net, Governor of the Province of Pennsylvania, by the advice
and consent of the freemen of the said Province in General As-
sembly met, and by the authority of the same, That the said
John Cratho, Caspar Wistar and Nicholas Gateau are hereby
426
T lie Statutes at Large of Pennsylvania. [1 724
declared and shall at all times hereafter be esteemed and taken
to all intents and purposes to be and to have been since their
ﬁrst arrival in this province, free and fully able and capable to
trade, trafﬁc, load, freight and transport all and all manner
of goods, wares and merchandises not by law prohibited to
be imported or exported, as if they hadbeen of the natural
liege people and subjects of the King of Great Britain born in
this province of Pennsylvania.
[Section II.] And be it further enacted by the authority
aforesaid, That the said John Cratho, Caspar Wistar and Nich-
olas Gateau shall be and are hereby enabled and adjudged able
to all intents and constructions and purposes whatsoever, as
well to demand, take, have, retain and enjoy any privileges and
immunities belonging to the liege people and natural subjects
of this province, as also to have and enjoy all lands and tene-
ments or other hereditaments by way of purchase or gift of any
person or persons whatsoever. And also to prosecute, pursue,
maintain, avo-w and justify all and all manner of actions, suits
and causes, and all other things to do as lawfully, freely and
fully as if they had been born natural subjects of this province,
or as any other person or persons born within this province
may lawfully in anywise do, any law, custom or usage to the
contrary thereof in anywise notwithstanding.
Provided always, That the said John Cratho, Caspar Wistar
and Nicholas Gateau shall not have any beneﬁt by this act if
they do not within the space of six months next after the pass '
ing hereof qualify themselves by taking the usual oaths or
afﬁrmations appointed to be taken by acts of parliament in
such cases, which said oaths shall or may be so taken between
the hours of nine and twelve in the forenoon in any court of '
record within this province.
‘Passed May 9, 1724. Apparently never submitted to the con-
sideration of the Crown.
1 724] The Statutes at Large of Pennsylvania.
427
CHAPTER OULXXXI.

AN ACT PRESGRJIBI'N’G THE FORMS OF DECLARATION OF FIDELIT‘Y,
ABJ'URATION AN'D AJF'FIR'MATION, INSTEAD OF ‘THE FORMS HERETO-
FORJE REQUIRED IN SUCH GASES.
Whereas divers statutes having been made concerning the
aﬁ‘irmations or declarations allowed instead of oaths to the
people called Quakers, but the inconveniencies to them and
others (requiring their testimony and service in many cases) not
being suﬁiciently avoided, by reason of difficulties which hap-
pened relating to the forms of the declaration, afﬁrmation and
abjuration prescribed by the said statutes, it pleased the King
and parliament of Great Britain by another statute (made in
the eighth year of the King’s reign) to grant further ease and
relief in that behalf, by enacting other forms of afﬁrmation or
declaration for the said people. Now forasmuch as the legis-
lature of Great Britain, upon ﬁve-and~twenty years’ experience,
were pleased to acknowledge in the said statute of the eighth
of King George, that the said people called Quakers had given
testimony of their ﬁdelity and affection to His Majesty, and the
settlement of the Crown in the Protestant line, and had not
abused the liberty and indulgence allowed them by law; and
since the like testimony may be given concerning the said
people inhabiting this province, and that those that conscien-
tiously scruple the forms of the afﬁrmation or declaration here-
tofore used, are persons of like probity and justice with those
who were not under that scruple, and should be obliged to bear
the burden of government, and serve their country as well as
their neighbors, it would [be] reasonable to put them in a
capacity so to do. May it therefore please the governor that it
may be enacted:
[Section 1.] And be it enacted by Sir William Keith, Baro-
net, Governor of the Province of Pennsylvania, &c., by and with
the advice and consent of the freemen of the said Province
in General Assembly met, and by the authority of the same,
27*——-II '
428
T/ze Statutes at Large of Pennsylvania. [1 724
That in all cases where by law anyiof the said people called
Quakers is [sic] or shall be required or permitted to make and
subscribe the declaration of ﬁdelity, in the form prescribed
by the statute made in the ﬁrst ‘year of the late King
William and Queen Mary, entitled “An act for exempting
their Majesty’s Protestant subjects, dissenting from the Church
of England, from the penalties of certain laws;” or in the
form prescribed by any law of this province; or to make
the solemn afﬁrmation or declaration in the form prescribed
by a statute made in the seventh and eighth years of the said
late King William, entitled “An act that the solemn afﬁrmation
and declaration- of the people called Quakers shall be accepted
instead of an oath in the usual form;” or in the form prescribed
by any law of this province; or to take the effect of the abjura-
tion oath in the form prescribed by a statute made in the ﬁrst
year of the present King’s reign; every such Quaker shall, in-
stead of such ﬁrst-mentioned declaration of ﬁdelity, make and
subscribe a declaration of ﬁdelity in the following words, viz.:
I, A. B., do solemnly and sincerely promise and declare that
I will be true and faithful to King George; and do solemnly,
sincerely and truly profess, testify and declare that ‘I do from
my heart, abhor, detest and renounce, as impious and heretical,
that wicked doctrine and position, that princes excommunicated
or deprived by the Pope, or any authority of the See of Rome,
may be deposed or murdered by their subjects, or any other
whatsoever. And I do declare, that no foreign prince, person,
prelate, State or p-otentate hath, or ought to have, any power,
jurisdiction, superiority, preeminence or authority, ecclesias-
tical or spiritual, within the realm of Great Britain, or the do-
minions thereunto belonging.
And instead of the solemn afﬁrmation or declaration, in the
form prescribed by the said act of the seventh and eighth years
of the reign of the late King William the Third, and by a law
of this province, made in the ﬁrst year of King George, every
such Quaker shall make the following solemn declaration or af-
ﬁrmation, to be administered by a question put as followeth,
viz.:
Dost thou, A. B., solemnly, sincerely and truly, declare and
afﬁrm? V _
Adding the proper words; which the afﬁrmant is to answer
1 724] T/ze Staz‘nz‘es at Large of Pennsylvania.
4.29
or assent unto, according as the case or occasion may require;
which said assent shall be expressed by the afﬁrmant’s answer-
ing “Yea” or “Yes.” '
And instead of the form prescribedby the said act of the ﬁrst
year of the present King’s reign, for the effect of the abjura-
tion oath, every such Quaker shall take the effect thereof in the
.following words, viz.:
I, A. B., do solemnly, sincerely and truly acknowledge, pro-
fess, testify and declare that King George is lawful and rightful
King of the realm of Great Britain, and of all other his domin-
ions and countries thereunto belonging; and I do solemnly and
sincerely declare that I do believe the person pretending to be
the Prince of Wales, during the life of the late King James,
and since his decease pretending to be and taking upon himself
the style and title of King of England, by the name of James
the Third, or of Scotland, by the name of James the Eighth, or
the style and title of King of Great Britain, hath not any right
or title whatsoever to the crown of the realm of Great Britain,
0 nor any other the dominions thereunto belonging, and I do re-
nounce and refuse any allegiance or obedience to him. And I
do solemnly promise, that I will be true and faithful and bear
true allegiance to King George, and to him will be faithful
against all traitorous conspiracies and attempts whatsoever,
which shall be made against his person, crown and dignity.
And I will do my best endeavor to disclose and make known
to King George, and his successors, all treasons and traitorous
conspiracies, which I shall know to be made against him, or any
of them. And I will be true and faithful to the succession of
the crown, against him the said James, and all other persons
whatsoever, as the same is and stands settled by an act entitled
“An act declaring the rights and liberties of the subject, and
settling the succession of the‘ crown to the late Queen Anne,
and the heirs of her body, being Protestants; and as the
same by one other act entitled “An act for the further limita-
tion of the crown, and better securing the rights and liberties
of the subject,” is and stands settled and entailed after the de-
cease of the said late Queen, and for default of issue of the said
late Queen, to the late Princess Sophia, Electoress and Duchess
Dowager of Hanover, and the heirs of her body, being Protest-
ants. And all these things I do plainly and sincerely acknowl-
edge, promise and declare, according to these express words by
me spoken, and according to the plain and common sense and
understanding of the same words, without any equivocation,
430
T/ze Statutes at Large of Pennsylvania. [1 7'24
mental evasion, or secret reservation whatsoever. And I do
make this recognition, acknowledgment, renunciation and pro-
mise, heartily, willingly and truly. '
And all persons authorized or required to administer or
tender either the said former declaration of ﬁdelity, or the said
former solemn afﬁrmation or declaration, or the former effect of
the abjuration oath aforesaid, shall be and are hereby author-
ized and required to administer and tender the same respec-
tively to the said people called Quakers, in the words by this
a ct respectively appointed.
[Section 11.] And be it further enacted by the authority
aforesaid, That the declaration of ﬁdelity, and the effect of the
abjuration oath, appointed by this act for the said people called.
Quakers, instead of the respective forms prescribed for the
same by the above-mentioned acts, shall respectively be ad-
judged and taken to be of such and the same force and effect,
and no other, to all intents and purposes, in all courts of justice
and elsewhere, as if such Quaker had made and subscribed the‘
declaration of ﬁdelity, or had taken the effect of the abjuration
oath, in the respective forms appointed by the said-recited
acts.
And that the affirmation or declaration, by this act appointed
to be made, instead of the afﬁrmation or declaration in form
prescribed by the said act of the seventh and eighth years of
the reign of the late King \Villiam the Third, and instead of
the form prescribed by the said law of this province, made in
the ﬁrst year of the present King’s reign, shall be made by the
said people called Quakers, as occasion may require, whether
it be for giving evidence, or for qualifying the afﬁrmants to
serve in general assemblies, or to be justices, officers, inquests
or jurymen, or for any other matter, cause or thing whatsoever,
wherein oaths are or shall be required. And that the saidv af-
ﬁrmation or declaration, by this act prescribed, shall be ad-
judged and taken, and is hereby enacted and declared to be of
the same force, and as available in law, to all intents and pur-
poses, as an oath, in all courts of justice, ‘and other places
where by law an oath is required.
And if any person making such afﬁrmation or declaration, as
is appointed by this act to be made, instead of the afﬁrmation ‘
I 7.24] The Statutes at Large of Pennsylvania.
431
in the form prescribed. by the aforesaid act of the seventh and
eighth years of [the reign of the] late King William the Third,
and instead of the form prescribed by our said law, made in the
ﬁrst year of King George’s reign, shall be lawfully convicted of
willful, false and corrupt affirming or declaring any matter or
thing, which, if sworn in the common or usual form, would
have amounted to willful and corrupt perjury, every such per-
son, so offending, shall incur and suﬁer such and the same
pains, penalties and forfeitures as are inﬂicted or enacted by
.the laws and statutes of England against persons convicted of
willful and corrupt perjury. '
Provided always, That nothing herein contained shall be
deemed to repeal or disannul the law of this province passed
in the fourth year of the King’s reign that now is entitled “An
act for the advancement of justice, and more certain adminis-
tration thereof,” 1 ‘except such part thereof concerning which
other provision is made by this act.
Provided also, That this present act shall not be put in exe~
cution until the King’s pleasure be known concerning the same.
[Section III.]' Nevertheless it is hereby enacted and declared,
That the said statute, made in the eighth year of the present
King’s reign, entitled “An act for granting the people called
Quakers such forms of‘ afﬁrmation or declaration as may re-
move the (llﬂ‘lCllltlQS which many of them lie under,” shall I;
duly observed and put in execution in this province, and be of
like force and effect as it is in England, and as if the same were
here repeated and enacted.

Passed May 9, 1724. ‘Conﬁrmed by the King in Council March
27, 1725. See Appendix V‘I, Section I, and the Act of Assembly
passed May 19, 1739, Chapter 351. Repealed by Act passed Janu-
ary 28, 1777, Chapter 737.
1 Passed ‘May 31, 1718, Chapter 236.

APPENDICES.


(434)
APPENDIX IV.
Papers relating to the acts passed by the twelfth, thirteenth,
fourteenth, ﬁfteenth, sixteenth and seventeenth Assemblies
under the Charter of 1700, from October 14, 1712, to September
19, 1718.
SECTION I.
Order in Council, May 26, 1719.
Board of Trade Journal, May 1, 1719.
Representation of the Board of Trade, May 1, 1719.
Board of Trade Journal, July 3, 1719.
Pimp!"
SECTION II.
1. Order in Council, July 21, 1719.
2. Order in Council, August 25, 1719.
3. Anonymous letter to ‘William Popple, April 26, 1718.
4. Anonymous letter to "William Popple, April 28, 1718.
5. Board of Trade Journal, May 6, 1718.
6.. Board of Trade Journal, May 7, 1718.
7. Board of Trade Journal, May 9, 1718.
8. Answer of Joshua Gee to the anonymous letters, May
20,1718. '
9. Board of Trade Journal, July 4, 1718.
10. Memorial of William Penn, concerning the acts passed
in 1713 and 1715, December 9, 1718.
11. Board of Trade Journal, J anuary 16, 1718-19.
12. Memorial of Richard Draftgate, January 17 , 1718—19.
18. “ Board of Trade Journal, January 28, 1718-19.
14. Board of Trade Journal, February 3, 1718-19.
( 435 )
436
The Statutes at Large qf Pennsylvania. [1 7 I 8
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
1.
2.
Board of Trade Journal, March 6, 1718-19.
Opinion of Richard West, March 6, 1718-19.
Representation of the Board of Trade, March 6, 17 .18-19.
Board of Trade Journal, March 13, 1718-19.
Board of Trade Journal, March 18, 1718-19.
Board of Trade Journal, March 20, 1718-19.
Board of Trade Journal, "March 25, 1718~19.
Board of Trade Journal, April 2, 1719.
Board of Trade Journal, April 10, 1719.
Board of Trade Journal, April 14, 1719.
Board of Trade Journal, April 15, 1719.
Board of Trade Journal, April 17 , 1719.
Board of Trade Journal, April 21, 1719.
Board of Trade Journal, July 9, 1719.
Representation of the Board of Trade, July 9, 1719.
Board of Trade Journal, September 16, 1719.
Mr. Francis Fane’s notes. about November, 1739.
SECTION III.
Order in Council, January 8, 1719-20.
Petition of Zacharia and Rebecca Richardson, October
6,1719.
3.
Memorial of Zacharia and Rebecca Richardson, October
6,1719.
4.
007499“
Board of Trade Journal, October 7, 1719.
Opinion of Richard West, November 18, 1719.
Board of Trade Journal, November 20, 1719.
Board of Trade Journal, November 26, 1719.
Objections of Zacharia and Rebecca Richardson, Novem-
ber 26,1719.
9.
10.
11.
12.
13.
Board of Trade Journal, December 7, 1719.
Board of Trade Journal, December 9, 1719.
Representation of the Board of Trade, December 9, 1719.
Board of Trade Journal, January 29, 1719-20.
A true state of the case of R[ebecca] R[ichardson],
Widow.
I719] - T/ze Statutes at Large of Pennsylvania.
437
SECTION I.
1.
At the Council Chamber, Whitehall, the 26th day of May,
1719.
Present:
Their Excellencies the Lords Justices,
Archbishop of Canterbury, Lord Chancellor,
Lord President, Lord Privy Seal,
Lord Steward, Lord Chamberlain,
Duke of Marlborough, Duke of Roxburgh,
Earl of Sunderland, Earl of Berkeley,
Mr. Secretary Craggs, Duke of Manchester,
Earl of W'estmoreland, Earl of Islay,
Bishop of London, Mr. Chancellor of the Duchy,
General Willes, Earl of Halifax.
Upon reading this day at the board a representation from the
Lords Commissioners for Trade and Plantations, dated the ﬁrst
of this instant, setting forth their having had under their con-
sideration an act passed at an assembly in Pennsylvania held
May, 1718, entitled “An act for the advancement of justice
and more certain administration thereof;” and the said Com-
missioners, having taken the opinion of counsel learned in the
law touching the same, do humbly present the said act as
proper to be conﬁrmed. Their excellencies the Lords Justices
in council, taking the same into their consideration, are pleased
(pursuant to the powers reserved to His Majesty in the charter
of propriety granted to William Penn, Esquire) to declare their
approbation of the said act, and according to their excellencies’
pleasure thereupon expressed, the said act is hereby conﬁrmed,
ﬁnally enacted and ratiﬁed: Whereof the deputy-governor,
council and assembly of the said province, and all others
whom it may concern, are to take notice and govern themselves
accordingly.
ROBERT HALES.
Weiss and Brockden, Vol. 1, f. 74.
00
Y7ze Statutes at Large 0f Pennsylvania. [1719
2.
Friday, May 1, 1719.
Mr. Joshua Gee and others attending, and desiring the board
would please to lay before His Majesty as soon as may be their
report upon an act passed in Pennsylvania in 1718, entitled
“An act for the advancement of justice and more certain ad-
ministration thereof” (mentioned in the minutes of the 6th of
March last), in order to His Majesty’s conﬁrmation of the said
act, the draft of a representation for that purpose was agreed
[upon] and signed.
Board of Trade Journal, Vol. XXVIII, f- 232-
3.
To the King’s most excellent Majesty.
May it please your Majesty:
Having had under our consideration an act passed at an as-
sembly in Pennsylvania held in May, 1718, entitled “An act
for the advancement of justice and more certain administra-
tion thereof,” and having had the opinion of Mr. West, one of
your Majesty’s ‘counsel learned in the law thereupon, we
humbly take leave to represent to your Majesty that this act
does allow the Quakers to be judges, justices, jurymen and wit-
nesses in criminal and capital matters upon their taking such
a solemn afﬁrmation as under the several acts of parliament in
Great Brita in would qualify them to be witnesses in civil cases,
which afﬁrmation so to be taken is likewise to have the full ef-
fect of an oath in any case whatsoever in that province. But
all persons that shall be convicted of falsely and corruptly af-
ﬁrming or declaring any matter or thing, which if it had been
upon oath would have amounted to perjury, are to incur the
same penalties as persons convicted of willful perjury do incur
by the laws of Great Britain: and though this is a much greater
indulgence to the Quakers than is allowed them here, yet con-
sidering that almost all the inhabitants of that province are
Quakers, and that without the qualiﬁcation proposed by this
law it will be very diﬂicult if not impossible to have justice ad-
1719] The Statutes at Large ofPennsylvanz'a. 439
ministered there, we have no objection why your Majesty may
not be graciously pleased to conﬁrm the said act.
Which is most humbly submitted,
CHA. COOKE,
P. DOCMINIQUE,
J. MOLESWORTH,
DAN. PULTENEY,
MART. BLADEN.
Whitehall, May 1, 1719.
Board of Trade Proprieties, Vol. XXXI, f. 172.
4.
Friday, July 3, 1719.
Copy of an order in Council of the 26th, approving a represen-
tation of May 1, 1719, for conﬁrming an act passed in Pennsyl-
vania in 1718 “for the advancement of justice,” &c.
Board of Trade Journal, Vol. XXVIII, f. 291.
SECTION‘ II.
1.
At the Council Chamber, Whitehall, the 21st of July, 1719.
Present:
Their Excellencies the Lords ‘Justices,
Archbishop of Canterbury, Lord President,
Lord Chancellor, Earl of Sunderland,
Lord Privy Seal, Earl of Islay,
Lord Steward, Mr. Secretary Craggs,
Duke of Roxburgh, Mr. Chancellor of the Duchy, ,,
General Willes.
Upon reading this day at the board a representation from
the Lords Commissioners for Trade and Plantations, dated the
8th of this instant, setting forth their having had under con-
sideration several acts passed in Pennsylvania, entitled as fol-
loweth, viz.: '
An Act for amending divers laws therein mentioned;
An Act of privileges to a freeman;
An Act for empowering religious societies to buy, hold and
enjoy lands, tenements, &c.; ~
T/ze Statutes at Large of Pennsylvania. [I 719
An Act for establishing the courts of quarter-sessions in this
province;
An Act for establishing the several courts of common pleas
in this province;
An Act for erecting a supreme or provincial court of law and
equity in this province;
An Act for corroborating the circular line between the coun-
ties of Chester and Newcastle;
An Act for the ease of such as conscientiously scruple to
take the solemn afﬁrmation formerly allowed in Great Britain;
An Act for the better ascertaining the practice of the courts
of j udicature in this province;
An Act for laying a duty on wine, rum, brandy and spirits,
cider and hops imported;
An Act for laying a duty on negroes imported into this prov-
ince.
And the said Lords Commissioners having the opinion of Mr.
West, one of His Majesty’s counsel learned in the law, upon
the same, do humbly present the said acts as proper to be re-
pealed, their excellencies the Lords Justices in council, taking
the same into consideration, are pleased (pursuant to the pow-
ers reserved to His Majesty in the charter of propriety granted
to William Penn, Esquire) to declare their disallowance of the
said acts. And according to their excellencies’ pleasure there-
upon expressed, the said acts are hereby repealed, and declared
void and of none effect. Whereof the deputy-governor, council
and assembly of the said province, and all others whom it may
concern, are to take notice and govern themselves accordingly.
JAMES VERNON.
2.
At the Council Chamber, Whitehall, the 25th of August,
1719.
Their excellencies the Lords Justices in Council were pleased
by a like order as the above to signify their disallowance of the
two following acts passed in Pennsylvania, entitled
An Act directing appeals to Great Britain;
An Act for regulating and establishing fees for preventing of
1719] The Statutes at Large of Pennsylvania.
44I '
extortion and undue exaction of fees by several ofﬁcers and
practitioners in the law.
JAMES VERNON.
Board of Trade Proprieties, V01. X, q. 188.
3.
Anonymous Letter.
To Popple, Esquire, Secretary to the Lords of Trade ‘and Plan-
tations.
April 26, 1718.
Sir: There has been laws sent from Pennsylvania several times
in which, even in capital cases, an afﬁrmation was allowed to
be taken instead of an oath; but as often as such laws have been
presented, they were rejected. Yet, notwithstanding, the as-
sembly upon receipt of the Crown’s negative always proceeded
anew to re-enact the same law, and about six years ago they
have passed another afﬁrmation 'act without the name of God
being mentioned in the afﬁrmation. This act they still keep
under their thumb and will not produce it for the royal assent
till they are forced to, because they know it will be denied
them; but till they present it, it will be in force. Perhaps I
may mistake in the time this act was passed, but sure I am that.
it has been sent for England two years ago with a large body
of laws, and some of them were made in 1712. I doubt not but
you have King Charles the Second’s charter to Mr. Penn, upon
perusal whereof you will ﬁnd Mr. Penn is obliged to bring
his laws for the royal assent in a certain limited time [which]
is long elapsed since the aforesaid laws were made.
‘ Sir,
Your Lordship’s most humble servant, &c.,

Board of Trade Pr-oprieties, Vol. X, q. 150.
4.
Anonymous Letter.
To William Popple, Esquire, Secretary to the Lords of Trade
and Plantations, at their office at the Cockpitt.
. London, April 28, 1718.
Sir: I think you cannot but remember that in the late King’s
I time Mr. Penn agreed to surrender into Her [sic] Majesty’s
hands his right to the government of Pennsylvania, with all the
44-2
T/ze Statutes at Large of ‘ Pennsylvania. [1719
ﬁnes and other perquisities thereof, and was to receive for the
same £12,000, but never signed the surrender though part of the
money has been paid him. Now, Sir, you will have trans-
mitted to you in order to be laid before the Lords of the Trade
several laws from Pennsylvania, in some of which the ﬁnes are
granted to the town of Philadelphia and also the power of
granting licenses to public houses is vested in the justices, con-
trary to the method of the plantations and divesting the gov-
ernment thereby of another very considerable proﬁt in preju-
dice of Mr. Penn’s designed grant of them to the Crown as he
was obliged to the above mentioned agreement and which in-
deed will be effectually made void if those laws obtain the royal
ﬁat by the King’s own act. Therefore this notice is given that,
Sir, you may be mindful of the Crown’s interest in this case in
not suffering the Pennsylvania assembly to break through that
agreed and likewise believe the ﬁnes through the whole govern-
ment are granted away. These things I hope will not be forgot
when these laws shall come before your board.
Sir,
Your most humble servant,
A. B.
There was given into your ofﬁce an estimate of the proﬁts
that were to accrue to the Crown upon the surrender. Upon
viewing that you will see wherein the assembly breaks through
the said agreement. However, if that can’t be found the At-
torney-General’s draft of the surrender will show you that all
proﬁts were surrendered.
Ibid, Vol. X, q. 150.
5.
Whitehall, Tuesday, May 6, 1718.
At a meeting of His Majesty’s Commissioners for Trade and
Plantations. '
Present:
Earl of Holdernesse,
Mr. Chetwynd,
Mr. Pelham,
Mr. Pulteney,
Mr. Bladen.
‘K- * * 'K' 'K' 'K- ‘K’ ‘I’ if it *- {-
Two anonymous letters to the secretary of this board, dated
the 26th and 28th of April last, relating to some laws of Penn—
1719] T he Statutes at Largeof Pennsylvanza.
443
sylvania, the surrender of the government of that province, &c.,
by Mr. Penn, were read, and their Lordships agreed to recon-
sider the same at another opportunity.
Board of Trade Journal, Vol. XXVII, f. -———-.
6.
May 7, 1718.
Ordered that Mr. Joshua Gee be acquainted that the board
desire to speak with him on Friday morning next in relation to
the acts of Pennsylvania.
Ibid., Vol. XXVII, r. 232.
7.
May 9, 1718.
Mr. Joshua Gee, one of Mr. Penn’s trustees, attending, the
two anonymous letters mentioned in the minutes of the 6th in-
stant relating to several acts of Pennsylvania, Mr. Penn’s sur-
render, &c., were communicated to him. Whereupon he de-
sired copies thereof, which were accordingly ordered him, and
he promised an answer‘in writing in a few days. In the mean-
time, he said, some acts had been transmitted from Pennsyl-
vania which he believes are in the hands of another of Mr.
Penn’s trustees.
Ibid., v01. XXVII, r. 234.
8.
Mr. Joshua Gee’s answer to two anonymous letters complain-
ing of the government of Pennsylvania:
To the Lords of Trade and Plantations.
The answer of Joshua Gee, one of the mortgagees concerned
for the province of Pennsylvania, in behalf of the proprietor
and the rest of the mortgagees, to two letters of complaint
against the government of the said province, one‘ letter dated
the strand-twentieth day of April last, and the other two days
after, without any name subscribed to them, sheweth:
That the laws complained of to have been enacted about six
years ago (in the said ﬁrst letter) were at least a great part of
them made within this three years, and hopes the Lords of
' Trade cannot take it amiss if it should have so happened that
444
The Statutes at Lmge of Pennsylvania. [1 719
some of those laws have lain neglected longer than ordinary,
considering that the proprietor of his distemper is rendered in-
capable of business. And that this respondent and the rest
of the mortgagees were in a manner perfect strangers to and al-
together unacquainted with these affairs, those laws not pass-
ing through their hands, nor have remittances of money been
made to defray any charges of passing them; neither doth know
of any sinister design there was in keeping back those laws, as
is falsely suggested in the said ﬁrst letter, and that since the
Lords of Trade have been so kind to communicate both the said
letters to this respondent he will take care the said laws shall
be transmitted to the Lords of Trade with a memorial setting
forth at large the reasons upon which those laws are founded,
and in particular as to that act for an afﬁrmation, as soon as the
same can be drawn up. And this respondent in answer to the
second letter saith that there may be reason to believe, when
those laws complained of in the said second letter come to be
perused by the Lords of Trade, it will ,be found the ﬁnes are
not granted away contrary to the proprietor’s agreement with
the Crown to surrender the government of his colony, as is al-
leged, the assembly of Pennsylvania having done nothing more
in those laws in relation to the ﬁnes save only appropriating
them towards the support of government; and that, however,
if the Lords of Trade shall ﬁnd reason upon a perusal of those
laws to be of opinion that the assembly have unadvisedly en-
acted in relation to the said ﬁnes contrary to the said proprie-
tor’s agreement aforesaid, in such case the Lords can easily
apply a remedy in a negative to the said laws, and thereby
hinder the said agreement from being broke through, it being
both the desire and interest as well of the said proprietor as of
the said mortgagees to preserve that agreement entire. And
this respondent saith that it is not true (according to the best
information he can get) that either the power or proﬁt of licen-
sing public houses of entertainment is taken away from the
governor for the time being of the said province of Pennsyl-
Vania by any act of assembly made there; but that the said
government for the time being may and does still, as formerly,
grant licenses to such persons as are recommended by the jus~
1719] The Statutes at Large of Pennsylvania.
445
tices of the peace at the quarter-sessions for that employ, and re-
ceives to his own use the accustomed proﬁts accruing thereby
in that colony. And further this respondent saith that al-
though he is advised there lies no obligation upon either the
proprietor or the mortgagees to answer untothe said letters,
there being no person’s name subscribed to either of them, who
will appear and maintain the allegations therein contained, yet
notwithstanding all this he, the said respondent, out of the
great regard and respect which he hath and beareth to the
Lords of Trade and the high station they are in, hath made and
put in this his answer to the said letters of complaint, and doth
humbly submit the matters therein contained to the Lords of
Trade in behalf of the proprietor and the mortgagees, and is
ready to justify and maintain the same. .
JOSHUA GEE.
May 20, 1718.
Board of Trade Proprieties, Vol. X, q. 155.
9.
July 4, 1718.
The answer of Mr. Joshua Gee to two anonymous letters of
complaint concerning several laws, &c., of Pennsylvania, was
read.
Board Of Trade Journal, Vol. XXVII, f. 334.
10.
December 9, 1718.
To the Lords of Trade and Plantations.
The memorial of William Penn, proprietary and governor
of the province of Pennsylvania, and several of his friends, in
behalf of the people of that province, humbly sheweth:
That upon due and mature deliberation, and with the advice
of the best lawyers in that colony, the representatives of the
people of that province, in General Assembly met, have, with
a, great deal of trouble, pains and expense, compiled in two
several sessions two parcels of laws which they thought if ap-
proved of at home would prove highly beneﬁcial to the King’s
subjects and the government of that province, which laws were
passed in 1713 and 1715 in Pennsylvania. Therefore‘, we now
446
T/ze Statutes at Large of Pennsylvania. [1719
lay those laws before the Lords of Trade in order to have their
favorable report to the King for his royal sanction, the several
titles whereof and the reasons upon which they are founded,
being as follows, viz.:
The ﬁrst body of laws passed 1713.
The ﬁrst is an act “for reviving, explaining and continuing
several laws therein mentioned.” ,
The intent of this act is to order the payment of the arrears
of several taxes uncollected, with several penalties upon frauds
discovered to have been committed against the tenor thereof,
which are applied, as is usual in the like cases in England, one-v
half to the governor for the support of government, and the
other half to the informer. And therein the assembly have
done all that lay in their power, according to the best of their
skill, to provide for the honorable support of government so as
not to be burdensome to the people, and it being in the nature
of a bill in parliament wherein the people who give pay the
money, we hope it will meet with no objection.
The second is an act “for the limitation of actions,” which
act was on purpose calculated to prevent vexatious delays in
suits and actions, with proper salvos for persons beyond seas
and others, in certain. cases therein mentioned.
We-doubt not but so good an act as this will have the Lords’
of Trade approbation and report for its passing the royal as-
sent.
The third is an act “ for establishing an Orphans’ court.”
The reason on which this law is founded was because that by
the laws of Pennsylvania, then in force, several matters of great
importance directed to be done in the Orphans’ court being dis-
continued, by the law of courts, not then revived nor effectually
supplied, by any other law,’ and that several orphans and
others concerned for them labored under great difﬁculties
thereby. Therefore this act was made to remove those difﬁcul-
ties, and in the framing thereof they have had the advice of
persons reputed to be the most knowing in the law in those
parts, that it might answer the ends for which it was intended,
the preservation of orphans’ effects, &c., which, we doubt not,
I719] - The Statutes at Large of Pennsylvania.
144?
but will be found true when by the royal ﬁat it shall have its
full operation.
The fourth is an act “for the amending divers laws therein
mentioned.”
The design of this act is to explain and amend several laws,
in removing the objections formerly made at home against
them, so that there is room to believe, if it passes, it will fulﬁll
the ends proposed thereby. .
The ﬁfth is an act “for laying a duty or excise upon sundry
liquors and upon hops,” to answer exigencies of the govern-
ment, it not being possible for government to subsist without
taxes. .
Therefore, the support and discharging the debts thereof was
the end for which this act was made, and those taxes being to
be paid by them that made the act, is a good reason, we pre-
sume, to ask of the Lords a report in favor thereof. In this act
are several penalties upon transgressors thereof, one-half
whereof goes to the governor for the support of government,
the other half to the informer.
The next body of ‘laws passed in 1715, viz.:
The sixth is an act “for privileges to a freeman.”
In this act nothing more is contained than what every Eng-
lishman enjoys by Magna Charta. Therefore, it is presumed
the people of Pennsylvania (having done nothing to forfeit that)
~; may have this act conﬁrmed, more especially because it has
been held by some that acts of parliament extend not to
America unless it be expressly named in them. _
The seventh is an act “directing appeals to Great Britain”—
and was made in pursuance of a clause in the charter whereby
King Charles granted to William Penn the province of Penn-
sylvania, and wherein it is provided that all persons may ap-
peal home to the King. This being the only purport of the
act, we hope there will be no difficulty in obtaining the King’s
royal assent to it. _ .
The eighth is an act “for establishing a court of quarter-ses—
sions.” ‘ _ '
In this‘ act we hope the general assembly have altered,
amended‘ and endeavored to avoid everything (that the places
448
The Statutes at Large of Pennsylvania. [1 719
[and] circumstances would admit) in the repealed act for es-
tablishing courts.
The ninth is an act “for empowering religious societies to
buy, hold and enjoy lands and tenements.”
The true reason of this act was to encourage in an infant
colony, where there were no endowments, the building of hos-
pitals, churches and other places for religious worship, and
charity schools for educating of youth, &c., without any other
view that we can understand; but that if any lands or tene-
ments, &c., are or shall be given to such pious uses, they shall
in such case be applied to that use, according to the intent of
the donor, and to no other use whatsoever. Therefore, we hope
the pious meaning of this act will have that weight with the
Lords of Trade to be by them favorably reported. It being the
interest of persons of all persuasions that this law should pass
without any view to this or that persuasion only, we hope will
gain it the royal assent.
The tenth is an afﬁrmation act “for such who for conscience’
sake cannot take an oath,” being the same with that used in
Great Britain.
True it is, an act of the same nature with this may before
have been transmitted to the Lords of Trade, which had not the
royal approbation, and that thereupon an entire failure of jus-
tice ensued in Pennsylvania for want of magistrates that would
administer, and ofﬁcers, juries, &c., who could in conscience
take an oath, so greatly doth the number of the people called
Quakers exceed that of all other persuasions in that province.
Wherefore, the assembly found themselves indispensably
bound in duty to the King, for the reviving a due administra-
tion of justice in that colony, to make this act, and William
Penn and his friends desire the Lords of Trade will be pleased
in their report of the laws to mention these facts to the King.
And that his dissenting subjects in Pennsylvania, called
Quakers, quitted England, their native country, to be freed
from the imposition of oaths and other matters which\they, in
their conscience, could not comply with, and transplanted
themselves into a wild, uncultivated country, inhabited by sav-
ages, where they have by their industry added a ﬂourishing
1719] The Statutes at Large of Pennsylvania.
449'
colony to theBritish Empire in that part of the world, to the
mighty beneﬁt of the kingdom of England, by the increase of
trade and navigation, in the great number of shipping they
employ, and the vast quantities of manufactures of that growth
which they consume. And all this in hopes to enjoy that lib-
erty abroad they were denied by the laws at home. And which
was the intent of King Charles the Second, for he, in his char-
ter to WVilliam Penn, grants him power, with the consent of the
inhabitants, to enact such laws as might secure to them their
civil and religious rights and liberties.
And these powers were looked upon at that time of day to be
so large and extensive that for fear they might be interpreted
to have vested the people called Quakers, in whom the govern-
ment of Pennsylvania, by that charter, was designedto be lodged,
[with power] to hinder the exercise of any other manner of re-
ligious worship different fromtheir own,therefore Mr. Penn was
tied down, by a clause in that charter, to admit any minister
sent over by the Bishop of London to exercise his ministerial
functions in that province, so that from thence we may ration-
ally conclude that William Penn and those of his persuasion
were by that charter left at liberty to enact such laws as might
best secure them from those burdens and ties at that time of day
upon their consciences, by the laws of England, which they
complained of. For, if without that clause they would have
been at liberty to impose upon others, they must, at the same
time, most certainly have been designed to be left free them-
selves. And as it doth not appear that these religious and in-
dustrious people have done anything to forfeit the rights and
liberties they claim by that charter, and have by virtue thereof
been possessed of so many years, it cannot, therefore, but be
esteemed greatly to tend to their discouragement (who are of
unquestionable loyalty to King George) to be deprived of them,
in a reign they could not but promise themselves at least as
much happiness as in any other, and thereby be left in a state
of anarchy and confusion, which will be the consequence of
repealing this afﬁrmation act.
The penalties for falsely afﬁrming being made the same in
450
T/ze Statutes at Large of Pennsylvania. [1719
this act with those in cases of corrupt and willful perjury, will,
therefore, we believe, have the same effect.
This being the case, it is humbly desired the Lords of Trade
will be pleased to report this act favorably to the King, for his
royal assent, for thereupon depends the great happiness of
- Pennsylvania.
The eleventh is an act “ for corroborating the circular line
between the counties of Newcastle and Chester”-—this being
an act made for preventing disputes by settling the bounds be-
tween the two counties as they were run out and adjusted by
the respective surveyors thereof, in the presence and by the
consent of the magistrates of both counties, by virtue of a
warrant granted for that purpose, at the request of the princi-
pal inhabitants by William Penn, the chief lord of the soil, in
whom alone as such is vested the power of ﬁxing those bound-
arles.
This act, having the full consent of all parties, for what we
know to the contrary, will, we hope, meet with no opposition to
its passing.
The twelfth is an act “for the recovery of ﬁnes and forfeit-
ures” due to the governor and government.
This act was made to enforce the duly estreating, levying
and paying into the provincial treasury, all ﬁnes and for-
feitures designed and which ought to be applied towards de-
fraying the charge of supporting the government, so that they
might go and be applied to those uses.‘
Query: YVhether this act can pass without prejudice to the
contract made in the late Queen’s time for W. Penn’s resigning
the government, whereby ’tis probable that the ﬁnes and for-
feitures were likewise to be resigned to the Crown?
This is a case so necessary to be taken care of in all govern-
ments that the assembly promised themselves success in hav
ing this bill passed.
The thirteenth is an act “ for assigning of bonds, specialties
and promissory notes.”
This act was made for facilitating and increasing of trade
and commerce in a country from whence all their money is
1719'] ' The Statutes at Large 0f Pennsylvanza.
451
drained by their trade with Great Britain, which we presume
will be a good reason for passing the same.
The, fourteenth is an act “ for acknowledging and recording
of deeds.”
In this act the assembly have endeavored to remove such
objections as were made against a former bill of this nature,
and experience having made appear the great conveniency
thereof, and a certainty to purchasers in their titles, by this
method of recording, all deeds, so we desire it may be ratiﬁed.
The ﬁfteenth is an act for such as refuse “ to take the solemn
afﬁrmation used in Great Britain.”
This is the same with the afﬁrmation act before mentioned,
and saving the name of God is not made use of therein, the
reason whereof is that there is a considerable number of scru-
pulous, conscientious people who dare not make use of the-
sacred name of God, on such occasions the penalties in this act
are made the same as in the before-mentioned afﬁrmation act.
So we desire the Lords will favorably report it to the King.
The sixteenth is an act “ for continuing friendly correspond—
ence with the Indians.”
The whole intent of this act is to prevent the Indians being
imposed upon or abused in trade or otherwise by ill-minded
persons, which experience hath shown is impossible to prevent
if all manner of persons, without some restrictions and regula-
tions, should be suﬁered to trade and live among the Indians—#—
the fatal effects whereof some of the English neighboring col-
onies have felt, in the late wars with those savages, by the loss
of great numbers of Christians killed, and their houses, planta-
tions, goods and cattle burned, destroyed or carried away, by
those heathens. C
These dreadful mischiefs might probably have been pre- -
vented had care been‘ taken to observe some such like means as
is proposed in this act, in treating and dealing with the In-
dians honestly.
And which is what hath hitherto preserved a friendship be-
tween them and the Christian inhabitants of Pennsylvania,
insomuch that although the Indians have had wars with all our
neighboring colonies, yet have they not hitherto had any
29—11
452
The Statutes at Large a‘ Pennsylvania. [1 719
quarrel with us, nor have we lost the life of any one Englishman
by their means, from the settlement of the colony to this day,
7 that we know or have heard of.
This act, therefore, being of such consequence for securing
the peace and tranquillity of that country and the same to con-
tinue for no more than three years, merits from the Lords for
Trade ‘and Plantations a favorable report to the King, that it
may have the royal ﬁat. ’ -
The seventeenth is an act “ for the better determining of
debts under forty shillings,” and laying aside the two weeks
court in Philadelphia. ‘ ‘
This two weeks court not answering the ends proposed, but
on the contrary the manner of executing it by the magistrates
and ofﬁcers of the city of Philadelphia proving chargeable and
inconvenient, therefore, this act, upon complaint thereof made,
takes it clear away and provides an easier method for recover-
ing such small debts, by lodging that power in the breast of a
justice of peace, who is to determine the same in a summary
way with little expense to the parties. '
The eighteenth is an act “ for erecting a supreme or provin-
cial court of law and equity.”
This court is not a novelty in Pennsylvania, any more than
in any of the rest of the King’s plantations, this act being '
rather made to rectify and amend the proceedings of the an-
cient provincial court, and make the practice thereof more con-
formable to the methods used in the courts at Westminster
Hall.
And as to the hearing causes by appeal, writs of error, cer- '
tiorari, &c., they are things that have been long practiced in
that government as well as in other supreme courts throughout
all or most of the plantations, bylaws made for that purpose,
and those laws ratiﬁed by the Crown, so that we hope this act
will have the royal assent to it. _
The nineteenth is an act “ for settling the court of common
pleas,” and the nineteenth [sic] is an act “ for ascertaining the
practice of the courts of judicature.”
In framing these acts the assembly have advised with the
most learned in the law in that province, and followed their
719] The Statutes at Large of Pennsylvania.
453
opinion in settling the method and practice of the courts, as
near as could be done conveniently, according to the course of
proceedings in the courts at Westminster, which it is presumed
will render these laws acceptable and gain them the royal as-
sent.
The twentieth is an act “ for raising a supply of one penny -
per pound and four shillings per head, and for reviving other
acts therein mentioned.”
The intent of this act being to raise a supply for the support
‘of government, makes the same to be in nature of a money bill
in parliament wherein the people who grant it raise it amongst
themselves. '
Acts of this kind being necessary and frequent in all govern-
ments, and without which none can subsist, therefore, we de-
sire this bill may pass the royal assent. There are several
penalties in this bill upon transgressors thereof, which go, one-
half to the governor for the support of government and the
other to the informer. -
The twenty-ﬁrst is an act “ for regulating and establishing
fees.”
An act bearing the same title with this act, it’s true, was
formerly repealed, but for no other reason save only that it
depended on another act at that time likewise repealed, so that
had it passed at that time, with the royal assent, it could not
have been of any use, the matters thereof being so interwoven
and depending so much on the other.
But that objection being now removed, we doubt not but that
this bill will be so reported to the King by the Lords of Trade
as to have the royal assent. ,
The two~and-twentieth act is.“ for laying a duty on wine,
brandy and other spirits, cider and hops imported,” and the last
is an act “ for laying a duty on negroes imported.”
‘These two are acts wherein, likewise, the people, by their
representatives met in general assembly, have agreed to raise
money upon themselves to supply the public exigencies of the
government in such manner as, after a mature deliberation,
they thought would not be burdensome there or unacceptable
at home. Particularly in the act for laying a duty on negroes,
454
The Statutes at Large of Pennsylvania. [1718—19
they have endeavored to remove and take off the former objec-
tions to that act. Therefore, we hope now no more difﬁculties
will be started to hinder these two last-mentioned acts having
the royal assent to them. .
There are in these two acts, also, several penalties, that go,
one-half to the governor for the support of government, and the
other half to the informer, as ‘is usual in such acts.
For these and the several other reasons aforementioned, Wil-
liam Penn and his friends do, in ‘behalf-of the people of Penn-
sylvania, lay before and recommend the ‘two parcels of laws to
the Lords for Trade and Plantations, that they would be
pleased favorably to report them to the King for his royal sanc-
tion, on which entirely depends the'future happiness of that
colony; for without that sanction the country must fall into
the utmost anarchy and confusion for want of a due adminis-
tration of justice, we not being able there to ﬁnd persons
enough who can in conscience give or take an oath, to serve as
magistrates, juries and other ofﬁcers, &c., so much does the
number of the people called Quakers exceed that of all other
persuasions in Pennsylvania.
We beg leave to add that the assembly could have no other
view in compiling these laws but to provide'for the honor. of
the King, the necessary supplies for the support of government
in that province, and the safety, peace, liberty and happiness of
the subject—which, they hope, the Lords of Trade will ﬁnd so
to be upon perusing them, and accordingly have their interest
for the King’s royal assent, and the people of Pennsylvania, as
in duty bound, shall ever pray, &c. 1
Board of Trade Proprieties, Vol. X, q. 160.
11.
Whitehall, Friday, January 16, 1718-19.
At a meeting of His Majesty’s Commissioners for Trade and
Plantations.
Present:
Mr. Chetwynd,
Mr. Docminique,
Mr. Pelham,
Mr. Pulteney,
Mr. Bladen. -
171 8—1 9'] The Statutes at Large 0/ Pennsylvania.
455
Ordered that the two parcels of Pennsylvania acts passed
there, the ﬁrst between the 4th of October, 1712, and the 27th
of March, 1713, the other between the 14th of October, 1714,
and the 28th of May, 1715, which were lately received from
Mr. Gee, be sent to Mr. West for his opinion thereupon as soon
as conveniently may be.
Board of Trade Journal, Vol. XXVIII, f. 85.
12.
January 17 , 1718-19. —
To the Right Honorable the Lords Commissioners for Trade
and Plantations.
‘ The memorial of Richard Draftgate, citizen and girdler of
London, humbly sheweth:
That a certain act of assembly was made and passed at
Philadelphia, in the province of Pennsylvania, on or about the
22d day of February in the year 1717, entitled “An act con-
cerning feme sole traders,” wherein are several matters con-
tained directly repugnant to the laws of England, divers of His
Majesty’s subjects being thereby divested of their possessions.
Therefore the ‘said Richard Draftgate, being one of the persons
injured, humbly desires that when the said act shall be trans-
mitted from Pennsylvania to your honorable board, your Lord-
~ ships will be pleased to order notice to be given thereof to the
said Richard Draftgate, living at the sign of the Golden Ball,
the same being a haberdasher’s shop of small wares in Grace
Church Street, that he may be heard against the said act be-
fore it is laid before His Majesty.
And your Lordships’ memorialist shall pray.
RICHARD DRAFTGATE.
Board of Trade Proprieties, Vol. X, q. 163.
-._-
13.
Whitehall, Wednesday, January 28, 1718-19.
At a meeting of His Majesty’s Commissioners for Trade and
Plantations.
Present:
Earl of Holdernesse. Mr. Pulteney.
*- I‘ ‘3(- * it * * ~I- * it *
456
The Statutes at Large of Pennsylvania. [1718-19
A memorial from Mr. Draftgate against an act passed in
Pennsylvania in 1717, concerning feme sole traders, was read,
and directions given to let Mr. Draftgate know that if he calls
at the ofﬁce any morning the secretary will have orders to speak
with him on the subject of his said memorial.
Board of Trade Journal, Vol. XXVIII, f. 110.
14.
Whitehall, February 3, 1718-19.
Mr. Draftgate attending in relation to his memorial against
an act of Pennsylvania concerning feme sole traders, their
Lordships had some discourse with him on that subject, and
being acquainted that the act had not yet been transmitted to
this ofﬁce, he communicated a copy thereof which he said he
had received from Pennsylvania.
Ibid., Vol. XXVIII, r. 116.
15.
Whitehall, Friday, March 6, 1718-19.
Mr. West attending, an act passed in Pennsylvania in 1718,
entitled “An act for the advancement of justice and more cer-
tain administration thereof,” was read, as likewise Mr. West’s
report thereupon, and their Lordships agreed to represent the
said act to His Majesty for conﬁrmation. Mr. West’s report
upon two parcels of acts passed in Pennsylvania, the one be-
tween the 14th of October, 1712, and the 27th of March, 1713, the
other parcel between the 14th of October and the 28th of
May, 1715, was likewise read, as also the act contained in the
last-mentioned parcel, entitled “An act of privileges to a free
man,” upon which act, their Lordships observing that by the
general words therein it might interfere with the acts of trade
and other laws of this kingdom made or to be made, the board
agreed to represent the said act to be repealed.
Another act in the said last-mentioned parcel, entitled “An
afﬁrmation act for such who for conscience’ sake cannot take '
an oath,” was read, and the board agreed to represent the said
act for conﬁrmation. ' ‘
An act in the same parcel, entitled “An act for the ease of
I-718—19] T heStatutes at Large of Pennsylvania.
4'57
such as conscientiously scruple to take the solemn afﬁrmation
formerly allowed in Great Britain,” was also read, and there
appearing the same objection against this act as against a
former passed in Pennsylvania in 1710-11, relating to the afﬁr-
mation allowed to Quakers, which was repealed the 20th of
February, 1713-14, viz., that the name of Almighty God was not
mentioned therein, whereby the toleration to Quakers would be
further extended than by the laws of this kingdom has 'yet
been done, their Lordships agreed to represent this act to be
repealed.
Ibid., Vol. XXVIII, f. 157.
16.
March 6, 1718-19.
To the Right Honorable the Lords Commissioners for Trade
and Plantations. '
My Lords: In'obedience to your Lordships’ commands I have
perused the several acts of the province of Pennsylvania trans--
mitted to me by Mr. Secretary Popple.
And as to these acts which are contained in the bundle enti-
tled “acts passed between the 14th of October, Annogne Domini
1712, and the 27th of March, Annogue Domini 1713,” I have no
objection unto any of them being passed into laws, only I must
beg leave to observe unto your Lordships that in the act enti-
tled “An act for establishing an Orphans’ court” there is a
clause by which the justices of the Orphans’ court are empow-
ered to exercise all the authorities and jurisdictions granted
unto them by another law of the province, entitled “An act for
the better settling intestates;” and‘ also in the act entitled “An
act for mending divers laws therein mentioned,” there is a
clause by which it is enacted that every person convicted of
felony in pursuance of another law of the province entitled
“An act against robbing and stealing,” shall be committed to
gaol. _ '
As the two clauses in these two several acts refer to other
laws of the province not transmitted to me, I believe that your
Lordships will judge it necessary to give directions to your
secretary to examine whether those two acts have been con-
458
The Statutes at Large of Pennsylvania. [1718—‘19
ﬁrmed or not, since, if upon such examination it should appear
that the said acts have been repealed, I am of opinion that
your Lordships will think it highly-improper to pass these two
acts into laws (though otherwise there be no objection unto
them) since by the general words of the clauses above men-
tioned your Lordships may conﬁrm two other acts to which
the royal assent has already‘ been denied.
I have also perused the several acts contained in the bundle
entitled “Acts passed between the 14th of October, Aa'ncque
Domini 1714‘, and the 28th of May, 1715,” among which there
is an act entitled “An act of privileges to a freeman,” which
act I take to be the same or at least to the same purpose with
that act which is mentioned in Sir Robert Raymond’s report,
22d December, Annoque Domini 1713, to which I would crave
leave to refer your Lordships. And indeed if the inhabitants
of that province do not by the general words of this act intend
to- interfere with the act of the seventh and eighth of William
the Third entitled “An act for preventing fraud and regulating
abuses in the plantation trade,” it is very difﬁcult to‘. imagine
what other intention they can possibly have; since by the laws
already in being the freemen are entitled to all privileges men-
tioned therein so far as is consistent with the above-mentioned
act of King William, or any other laws of this kingdom.
There is also another act entitled “An act for the ease of such
as ‘conscientiously scruple to take the solemn afﬁrmation for-
merly allowed in Great Britain.” As no man is a greater friend
to liberty of conscience than myself, as to my own particular
I have no objection to this act being passed into a law. Yet I
think it my duty to observe to your Lordships that as the af-
ﬁrmation to be allowed by this act is materially different from
that practiced in Great Britain (the name of Almighty God
being not mentioned therein) your Lordships may possibly
think it proper particularly to consider how far the circum-
stances of this province may render it necessary to extend the
toleration to Quakers further than by the laws of Great Britain ‘
has yet been done.
There is also another act, entitled “An act for laying a duty
on Wine, rum, brandy and spirits, cider and hops imported into
this province.” '
17153-19] The Statutes at Large of Pennsylvania.
459
And there is also another act entitled “An act for laying a
duty upon negroes imported into this province.”
I submit it to your Lordships’ consideration how far it may
be proper for the inhabitants of Pennsylvania to lay duties
I upon the above-mentioned commodities, to which consideration
may be added that in the act relating to negroes there is a
power given to the officers to break open houses upon suspicion
of'negroes being there generally without any limitation or re-
striction for the exercise of it, which power extends to the
nights as well as the days, a power which‘ is rarely admitted
by the laws of Great Britain in offenses of an inferior nature.
As to the other acts contained in the above-mentioned
bundles, I have no objections to them. All which I humbly
certify to your Lordships, and am,
My Lords, .
Your Lordships’ most obedient and most humble servant,
\ - RICH. WEST.
Board of Trade Proprieties, Vol. X, q. 170.
17.
Friday, March 13, 1718-19.
Then their Lordships proceeded to consider the act passed in
Pennsylvania entitled “An act directing appeals to Great
Britain,” which was read (the same being contained in the
bundle of acts passed there between the 14th of October, 1714,
and the 14th of May, 1715) and some observations made thereon
which were agreed to be further considered at another oppor-
tunity.
Board of Trade Journal, ‘Vol. XXVIII,. f. 165.
18.
'Wednesday, March 18, 1718-19.
Ordered that the secretary send to Mr. West, one of his Maj-
esty’s counsel at law, the entry of the Pennsylvania charter for
his opinion, whether by that charter the government of Penn-
sylvania can re-enact laws that have been repealed here, and
whether the time of the delivery of any laws to this board will
come within the six months wherein the pleasure of the Crown
29*——II -
469
The Statutes at Large of Pennsylvania. [1719'
is, according to the said charter, to be declared for repealing
any law passed there, or whether the said time is to commence
when such laws shall be laid before His Majesty with the repre-
sentation of this board thereupon.
‘ Ibid., V01. XXVIII, f. 167.
' 19.
. Friday, March 20, 1718-19.
_ Their Lordships then proceeded in the consideration of the
laws of Pennsylvania, passed there between the years 1712 and
1713, and upon reading the act entitled “An act for reviving,
explaining and containing several laws within this act men-
tioned,” the same was found to be expired.
I'bid., V01. XXVIII, ‘r. 176.
i " 20.
. . , Wednesday, March 25, 1719.
Mr. West’s report relating to the re-enacting of laws in Penn-
sylvania formerly repealed, and to the time when the six
months are to commence wherein the Crown may repeal the
acts of, that province, was read. I
- P. DOCMINIQUE.
‘ Ibid., v01. XXVIII, r. 181. ~
21.
. ~ - 6 Thursday, April 2, 1719.
.Their Lordships then proceeded in the consideration of the
acts passed in Pennsylvania between the 14th of October, 1712,
and the 27th of March, 1713, whereof the three acts undermen-
tioned were severally read, viz.:
An Act for limitation of actions;
An Act for establishing Orphans’ courts; .
An Act for amending divers laws therein mentioned.
_;Ibid.,.Yol. xxvnr, r. 186. ' ' ‘I I
"22.
. v . Friday, April 10, 1719.
LTheir Lordships then proceeded in the consideration of the
acts of Pennsylvania undermentioned, which were severally
read, viz.: ' ‘
I7I9] _ The Statutes at Large of Pennsylvania.
461
An Act for laying a duty .or excise on sundry liquors and
hops to answer several exigencies of this government; passed
in the‘ session in 1712-13;
An Act for establishing the courts of general quarter-ses-
sions in this province, and An Act for empowering religious so-
cieties to buy, hold and enjoy lands, tenements and heredita-
ments: both passed in the sessions in 1714-15.
Ibid.,_ v01. XXVIII, r. 199.
23.
Tuesday, April 14, 1719.
Their Lordships then took into consideration an act passed
in Pennsylvania in the session of assembly held there in
1714-15, entitled “An act for corroborating the circular line
between the counties of Chester and Newcastle,” which act was
read, and directions given for comparing the same with the
charter of Pennsylvania and with Mr. Attorney-and Solicitor-
General’s opinion upon the petition of the Earl of Sutherland
relating to the lower counties adjoining to Pennsylvania.
Ibid., V01. XXVIIL-f. 203.
24.
Wednesday, April 15, 1719. _
_ Their Lordships then proceeded in considering the acts of
S Pennsylvania undermentioned, passed there in 1714 and 1715,
which were severally read, viz.:
An Act for the better recovery of ﬁnes and forfeitures due to
the governor and government of this province;
An Act for the assigning of bonds, specialties and promis-
sory notes;
An Act for acknowledging and recording of deeds;
An Act for continuing a friendly correspondence with the
Indians; and
_ An Act for better determining of debts and demands under
forty shillings, and for laying aside the two weeks court in the
‘ city of Philadelphia.
Ibid., V01. XXVIII, f. 206.
462
The Statutes at Large of Pennsylvania. [1 719
25.
Friday, April 17, 1719.
Their Lordships proceeded in the consideration of the acts
passed in Pennsylvania in 1714 and 1715, whereof those whose
titles are undermentioned were severally read, viz.:
An Act for erecting a supreme or provincial court of law and
equity in this province;
An Act for establishing the several courts of common pleas
in this province; and
An Act for the better ascertaining the practice of the courts
of judicature in this province.
Ibid., Vol. XXVIII, r. 209.
'26.
Tuesday, April 21, 1719.
Their Lordships then proceeded in the consideration of the
acts passed in Pennsylvania in 1714 and 1715, and those whose
titles are undermentioned were severally read, viz.: '
An Act for raising a supply of one penny in the pound and
four shillings a head, and for reviving other acts therein men-
tioned;
An Act for regulating and establishing fees;
An Act for laying a duty on wine, rum, brandy and spirits,
cider and hops imported into this province; and
An Act for laying a duty on negroes imported into this prov-
ince.
Ibid., v01. XXVIII, f. 211.
27.
Thursday, July 9, 1719.
A representation upon several laws passed in Pennsylvania
between the 14th of October, 1712, and 27th of March, 1713, and
between the 14th of October, 1714, and 28th of May, 1715, was
agreed and signed.
Ibid., Vol. XXVIII, r. 299.
28.
Whitehall, July 9, 1719.
Representation upon some laws passed in Pennsylvania in
1712, 171.3, 1714, 1715:
I719] The Statutes at Large 0/ Pennsylvania.
463.
To their Excellencies the Lords Justices.
May it please your Excellencies:
Having lately received several laws passed in Pennsylvania,
some of them between the 14th of October, 1712, and 27th of
March, 1713, and others between the 14th of October, 1714, and
28th of May, 1715, we have considered them and have taken the
opinion of Mr. West, one of His Majesty’s counsel learned in
the law, concerning them. Whereupon we would humbly take
leave to represent to your Excellencies that we conceive several
of the said acts ought to be repealed, viz.:
The act entitled “An act for amending divers laws herein
mentioned,” passed between the 14th of_October, 1712, and the
27th of March, 1713.
This refers to two former laws, the one entitled “An act for
establishing courts of judicature in this province,” the other
“An act against robbing and stealing”——the former of which
was repealed by her late Majesty’s order in council in 1714, the
latter in May, 1718, by an act of the assembly of Pennsylvania
for the advancement of justice and more certain administration
thereof, which we have lately laid before His Majesty for his
approbation. But if this act now laid before your Excellen-
cies should be conﬁrmed, it would revive the other two which
have been repealed.
The act entitled “An act of privileges to a freeman,” passed
between the 14th of October, 1714, and 28th of May, 1715.
Two former acts with the same title and contents were re-
pealed, because they interfered with the act of 7th and 8th
of William the Third, entitled “An Act for preventing frauds
and regulating abuses in the plantation trade;” and though in
this present act ‘there is a saving to the admiralty courts, yet
we are apprehensive it may still interfere with the said act of
7 th and 8th of King William as well as other acts of trade, and
we cannot well see what occasion there is for this act, since
by'the laws already in being freemen are entitled to all the
privileges intended by this act.
The act entitled “An act for empowering religious societies
to buy, hold and enjoy lands, tenements,” &c.
There is a clause in this act which conﬁrms all sales, gifts
or grants already made to those societies, which retrospect, we
464
The Statutes at Large of Pennsylvania. [1719
are of opinion, may probably be attended with ill consequences
to purchasers, creditors and other persons.
The act entitled “An act for establishing the courts of
quarter-sessions in this province” enacts that the justices of the
peace may minister common justice and exercise, hear, deter-
mine and execute all things within the limits of their respective
commissions and authorities, as near as conveniently may be
to‘the laws of Great Britain, which words seem to give too great
a latitude to the justices, who are to judge of that convenience
and may upon some occasions be made use of to serve an ill
purpose.
The act entitled “An act for establishing the several courts
of common pleas in this province” is liable to the same objec-
tion with the former, because it enacts that the judges are to
hold pleas of assizes, scirefactas, replevins, and hear and deter-
mine all manner of pleas, actions, suits and causes, civil, per-
sonal, real and mixed, as near as conveniently may be to the
rules of common law, and to the course and practice of the
King’s courts of common pleas in Westminster.
The act entitled “An act for erecting a supreme or provincial
court of law and equity in this province” is liable to the same
objection for which a former act of this province, entitled “An
act for establishing courts of judicature,” was repealed by her
late Majesty in 1710, upon a report from Sir Robert Raymond,
the solicitor-general, viz., that he saw no occasion for erecting
such a supreme court of judicature, as is to be erected by virtue
of this act, since justice as to all the particulars mentioned in
this act is already administered in Pennsylvania in courts
which this act calls inferior courts; and those are still to con-
tinue, only this court to be erected is to draw from them what
business they think proper by certz'ora'rz's, writs of error, habeas
corpus, &c., which will only multiply suits and make proceed-
ings more dilatory and expensive.
The act entitled “An act for corroborating the circular line
between the counties of Chester and Newcastle.”
This act contains a survey or description of the lands said
to be granted to Mr. Penn by the charter of King Charles the
Second. But how far this survey may be just, we cannot take
17,19] The Statutes at Large of Pennsylvania.
465
- upon us to determine; and it may possibly take in the whole or
some part of the three lower counties belonging to His Majesty,
to which Mr. Penn had no right or title, though they have for
some time been under his government.
The act entitled “An act for the ease of such (as conscien-
tiously scruple to take the solemn afﬁrmation formerly allowed
in Great Britain.”
' The aﬁ‘irmation to be allowed by this act is materially differ-
> ent from that allowed in this kingdom (the name of Almighty
God being not mentioned therein). A former act with the same
title was repealed for'the same reason by an order in council in
1713-14.
The act entitled “An act for the better ascertaining the prac-
tice of the courts of judicature in this province.”
By this act it is enacted that the act of the 8th and 9th of
William the Third, preventing frivolous and vexatious suits,
and an act of 4th and 5th of the late Queen for amendment
of the law and the better advancement of justice, shall be put
in execution in Pennsylvania, as far as circumstances admit.
We cannot apprehend what may be meant thereby; but it seems
improper to say an act shall be observed as far as circumstances
will admit.
The act entitled “An act for laying a duty on wine, rum,
brandy and spirits, cider and hops imported.” _
This act not only allows the importation of wines in general
directly from the place of their growth, which is contrary to the
act of trade, 15th Charles the Second, but lays a double duty on
such wines as may be imported from any other place, which
can be only from Great Britain.
An act for “laying a duty on negroes imported in this prov-
ince.” “
This act gives a power to the ofﬁcers to break open houses
upon suspicion of negroes being there, without any limitation,
whereby they are authorized to enter by night as well as by
day, which is very seldom allowed of by the laws of Great
Britain in oﬁenses of an inferior nature.
We have likewise objections to other acts, which we shall not
propose to be repealed, but shall offer our observations upon
them and submit the same to your Excellencies’ determinations:
466
The ‘Statutes at Large of Pennsylvania. [1719 .
The act entitled “An act directing appeals to Great Britain”
directs that no judgment, sentence or decree of any of the su-
preme courts or courts of admiralty shall be ﬁnal, but that the
party aggrieved may appeal to His Majesty, &c.
Our only objection to this act is that there is no sum limited
for which an appeal may be brought, as is provided by the in- _'
structions to all the governors of plantations under His Majes-
ty’s immediate government. 5
An act for “ regulating and establishing fees, for preventing
of extortion and undue exactions of fees by several ofﬁcers and.
practitioners in the law.”
We should have no objection to this act if it did not establish
the fees of ofﬁcers of the supreme or provincial court of law and
equity, as well as fees of other ofﬁcers, and, therefore, if your
Excellencies should be of opinion to repeal the act above men-Q
tioned for establishing such a supreme or provincial court, it
would look odd to have fees established for a great number of
ofﬁcers not in being. .
There are several other laws against which we have no objec-
tions, and in case your Excellencies do not see cause within six
months from the time of transmitting them to His Majesty’s
privy council, to repeal any of the said laws, they will remain
in full force, pursuant to the charter granted to the proprietor
of Pennsylvania, the titles of which laws are as follows, viz.:
Acts passed in 1712* and 1713.
An Act for limitation of actions;
An Act for establishing Orphans’ courts.“
Acts passed in 1714 and 1715.
An Act for the better recovery of ﬁnes and forfeitures due
to the governor and government, &c.;
An Act‘for the assigning of bonds, specialties and promissory
notes;
An afﬁrmation Act, for such who for conscience’ sake cannot
take an oath; ' ' ‘
An Act for acknowledging and recording of deeds;
An Act for better determining of debts and demands under
1719] The Statutes at Large of Pennsylvania.
467
forty [shillings] and for laying aside the two weeks courts in
Philadelphia; - .
‘An Actfor raising a supply of one penny per pound and four
_ shillings a head, and for reviving other acts therein mentioned.
Upon this occasion we humbly take leave to represent to your
Excellencies that by the said charter the proprietor is em-
powered, with advice of the freemen of Pennsylvania or their
delegates in general assembly, to enact laws for the good of
the said province; provided such laws be not repugnant, but as
far as conveniently may be agreeable, to the laws of this king-
dom, and that a transcript of such laws be within ﬁve years
after the making thereof delivered to His Majesty’s privy
council, and if any of the said laws within the space of six
months after they shall be so delivered as aforesaid be declared
by His Majesty to be void, the said laws shall thenceforth be-
come null and void accordingly, ‘otherwise to remain in full
force. _ - -
This we think to be unreasonable that the said Proprietor of
Pennsylvania should have ﬁve years’ time to lay his laws before
'His Majesty, and His Majesty but six months to consider
thereof; for it may so happen that so great a number of laws
may at one time be transmitted as that it will be difﬁcult, if not
impossible, considering the other business that may intervene,
duly to examine the same.
There is another ill consequence of that clause, which is that
temporarylaws prejudicial to the trade-of His Majesty’s other
subjects may be enacted there, and have their full effect before
the proprietor is obliged to lay the same before His Majesty, or
at least before His Majesty’s disallowance of the same can be
signiﬁed to that government; and they may re-enact the same
laws again and by keeping them till near the time of expiration
they may, in eﬁect, evade His Majesty’s right of repealing such
laws as may be prejudicial to His Majesty’s interest or the trade
or property of his subjects, which is a practice they are fre-
quently guilty of in the very worst, degree by re-enacting laws
which have been repealed by the Crown, as may be observed
with respect to several of the laws which we now lay before
your Excellencies. ' - ‘
30—-—II
468
The Statutes at Large 0f Pennsylvania. [1719
These are some of the ill eﬁects of a proprietary government,
and as we are of opinion the plantations will never be upon a
right foot till the dominion of all the proprietary colonies shall
be resumed to the Crown, so we cannot help proposing to your
Excellencies that all fair opportunities should be laid hold on
for that purpose.
All which is most humbly submitted,
CHA. COOKE, THO. PELHAM,
PAUL DOCMINIQUE, MART. BLADEN.
List of acts passed in Pennsylvania that are expired:
Passed in 171.2 and 1713.
An Act for reviving, explaining and continuing several laws
in this act mentioned;
An Act for laying a duty or excise on sundry‘liquors and hops
to answer several exigencies of this government.
Passed in 1714 and 1715.
An Act for conﬁrming a friendly correspondence with the
Indians. '-
Board of Trade Proprieties, Vol. XXXI, f. 206.
29.
Wednesday, Sept. 16, 1719.
The copies of two orders in council of the 21st of July and
25th of August, upon a representation of this board dated 9th
of July for repealing several acts of ‘Pennsylvania, were read.
Board of Trade Journal, Vol. XXVIII, f. 379.
30.
Mr. Francis Fane’s notes.
Chapter 226.——“_This act hasa clause in itto make alienations
of estates by absent husbands void, which may be prejudicial to
people in England purchasing estates in Pennsylvania of per-
sons having wives and children there unknown to the purchaser
here. Suppose a Pennsylvania man sell in London his planta-
tion, must the Englishman lose his money by this act?”
Chapter 247 .-——“ Rawhides are reckoned an excellent com-
I719] The Statutes at Large of Pennsylvania.
469
modity to be ‘imported into England and is a trade encouraged
by the legislature here, which this act designs to frustrate.”
Chapter 253.—-—“This acthas a very bad tendency to encourage
tillage to the hurt of Great Britain, and to discourage the sugar
colonies, which ought for the good of Great Britain to be en-
couraged, especially in regard to the selling of their molasses.”
MS. notes in Fane’s copy of the edition of the Laws of Penn-
sylvania, ‘printed in 1728, now in the Public Record ‘Ofﬁce, ‘London.
sno'rroN III.
1.
At the Court at St. James, the 8th of January, 1719-20.
Present:
The King’s most Excellent Majesty,
Archbishop of Canterbury, Earl of Lincoln,
Lord Chancellor, Earl of Sunderland,
Lord President, Earl of Loudoun,
Lord Privy-Seal, Earl of Conningsby,
Lord Steward, Mr. Secretary Craggs,
Duke of Bolton, Mr. Chancellor of the Exchequer,
Duke of Montrose, Mr. Chancellor of the Duchy,
Duke of Roxburgh, General Earle,
Marquis of Annandale, Mr. Hampden,
' General Wille's.
Upon reading this day at the board a representation from
the Lords Commissioners for Trade and Plantations, dated the
9th of December, 1719, setting forth their having had under con-
sideration an act passed in Pennsylvania in 1718, entitled “An
act for vesting the house and lot of ground lying in Philadel-
phia, late the estate and inheritance of William Clarke, of
Lewes, in the county of Sussex, deceased, in trustees to be sold
for the payment of his debts,” &c., and the said Lords Commis-
sioners, having taken the opinion of Mr. West, one of His Ma-
jesty’s counsel learned in the laws, thereupon, do humbly pre-
sent the said act as proper to be repealed. His Majesty in Coun-
cil, taking the same into consideration, is pleased, pursuant to
the powers reserved to His Majesty in the charter of propriety
granted to William Penn, Esquire, to declare his disallowance
470
The Statutes at Large of Pennsylvania. _ [1719
'of the said act, and, according to His Majesty’s pleasure there-
upon expressed, the said act is hereby repealed and declared
void and of none eﬁect. Whereof the deputy-governor, council
and assembly of the said province,'and all others whom it may
concern, are to take notice and govern themselves accordingly.
ROBERT HALES.
Order in Council, Vol. II, f. 204.
October 6, 1719. ‘
To the Right Honorable the Lords Commissioners for Trade
and Plantations.
The humble petition of Zacharia Richardson and Rebecca,
his wife, sheweth:
That William Clarke, Senior, by indenture dated. 20th of
March, 1704, in: consideration of a marriage intended to be had
between his only son, William Clarke, Junior, the petitioner
Rebecca and of a considerable estate the said Clarke, Junior,
was likely to have with her, conveyed a house and lot of ground
in Philadelphia to the use of his said son and the petitioner
Rebecca and the issue of their bodies.
That the said marriage took effect, and the said Clarke,
Junior, and the petitioner Rebecca had possession of the said
house and ground for many years, and had three children who
are living and all infants, and said Clarke, Junior, is since-dead.
That the said Clarke, Junior, for his said father’s debt and at
his request, became bound to one William Houston (since dead)
in a bond for payment of one hundred and ten pounds.
That Clarke, Junior, after said marriage, went with his fam-
ily to Barbados and children. Hamilton, the tenant of the said
house, and his agents used divers artiﬁces and threats to prevail
upon him in his lifetime (and the petitioner Rebecca after his
death) to deliver up the said indenture and sell the said house,
but could not prevail.
That the said methods failing, a new stratagem was thought
of, and the said Houston, Esquire, exhibited a petition to the
assembly in Pennsylvania, suggesting that the said Clarke,
Senior, was greatly indebted (particularly to the said Houston
in the said one hundred and ten) morethan his estate was worth
I719] The Statutes at Large of Pennsylvania.
471
and that his estate was extended for a debt due from him to
the Crown, and that Clarke, Junior, withdrew with his family
to Barbados and left no estate in the province to pay his said
debt, and thereupon an act entitled “An act for vesting the
house and lot of ground in Philadelphia, formerly the estate of
William Clarke, deceased, in trustees to be sold for payment of
his debts,” &c., and passed for making void the said settlement
as voluntary, and for sale of the said house and ground to pay
Houston’s said debt and the other debts due from the estates
of the said Clarke, Junior and Senior. That the said act was
passed when the petitioner Rebecca and her said children were
in Barbados, and had no opportunity to be heard against it,
and it is now laid before your ‘Lordships in order to be con-
. ﬁrmed.
That the said Clarke, Senior, left estate real and personal
sufﬁcient to pay the said debt to Houston, and Houston’s ex-
ecutor obtained judgment against the said Clarke’s executors
for the said debt.
Wherefore and forasmuch as the said settlement was made
' in consideration of a marriage to be had and of a considerable
estate the said Clarke, Junior, was to have with the petitioner
Rebecca, which he had to the value of above three thousand
pounds, and the said marriage was had in reliance upon the said
settlement, without which the petitioner Rebecca would not
have married the said Clarke, Junior, and there is issue of the
said marriage, three children all of tender years, the eldest not
above ten years old, who are by this means deprived of all they
had for their support and maintenance without being heard,
and for that in case the said settlement had been fraudulent
or voluntary, the creditors might have had relief in the usual
course at law or in equity, and for that the said act is without
precedent and has no just foundation and is of ill consequence
in the example, since if such proceedings be allowed no person
can be sure of any settlement ‘made upon marriage, the peti-
tioners humbly pray your Lordships that the said act may not
be conﬁrmed.
Board ‘of Trade Proprieties, Vol. X, q. 189.
47 2
T heStatutes at Large of Pennsylvania. [1719
October 6, 1719.
To the Right Honorable the Lords Commissioners for Trade
I and Plantations. ‘
The humble memorial of Zacharia Richardson and Rebecca
his wife——
That an act hath been lately passed by the assembly of
Pennsylvania, entitled “An act for vesting the house andlot of
ground in Philadelphia, formerly the estate of William Clarke,
deceased, in trustees, to be sold for payment of his debts,” &c.
That the said act tends to set aside a settlement made for a
valuable consideration upon the marriage of the said Rebecca
with William Clarke, son of the said William Clarke, to the
use of the said Rebecca and the issue of that marriage, and the
said Zacharia Richardson and his wife have divers reasons to
offer against the consideration of the said act, and therefore
humbly desire to have notice when the said act shall be brought
to be considered and to be heard against the same.
I1b~id-., Vol. X, q. 190.
4.
Wednesday, October 7, 1719.
An act passed in Pennsylvania, 1718, for vesting the house
and lot of ground in- Philadelphia‘, formerly the estate of Wil-
liam Clarke, deceased, in trustees, to be sold for payment of his
debts, &c., being laid before the board, a memorial and petition
of Zacharia Richardson against conﬁrming the said act were
read. Whereupon ordered that the said act and copy of the
petition above mentioned be sent to Mr. West for his opinion
in point of law. -
Board of Trade Journal, v61. XXVIII, r. 407.
1719] I The Statute-s at Large of Pennsylvania.
473
v5.
REPORT or, RICHARD Wns'r.
November 18, 1719.
To the Right Honorable the Lords Commissioners for Trade
_ and Plantations. . -
-. My Lords: In obedience to your Lordships’ commands I have
read and perused an act passed in Pennsylvania in 1718, for
vesting the house and lot of, ground in Philadelphia, formerly
the estate of William Clarke, deceased, in trustees, to be sold
_ for payment of his debts, &c. The case, as it is stated in the
bill itself, is that William Clarke, the elder, and William
Clarke, the younger, did become bound to one William Houston
in the sum of two hundred and twenty pounds,conditioned for
the payment of one hundred and ten pounds, and that some-
time after the date of the said bond the said William Clarke,
the elder, did in consideration of a marriage which afterwards
took effect between his son WVilliam Clarke, the younger, and
_ Rebecca Curtis, settle (as he could lawfully do) the estate in
question upon his son, the said William Clarke, and Rebecca,
his intended wife, for life, and the survivor of them, with re-
mainder to the children of the said marriage in the common
form of entails and their heirs, since which time the said Wil-
liam Clarke, the elder, and William Clarke, the younger, are
both dead, and, as it is represented, insolvent, the said William
Clarke, the younger, leaving three children by his wife Re-
becca who are now minors; and as I‘ am informed, they and
their-“mother were living in the island ‘of Barbados at the time
the act passed. Now the end of this bill is to strip these chil-
dren in whom this estate is legally vested according to the set-
tlement of the said estate, without hearing them or any person
for them against the bill whatsoever. The consideration of
marriage is so strong that I think in this case it cannot be set
aside, and the only inducement mentioned in the bill for pass-
ing it into a law is that it is in order to provide for the pay-
ment of the debts of ‘William Clarke, the elder, and William
Clarke, the younger, of whom, as appears by the bill itself, the
474
The Statutes at Large of Pennsylvania. [1 719
elder at the time of his death had no estate or interest at all in
the land, and the younger had only an estate for life.
I have upon this occasion spoken with Mr. Gee, who is con-
cerned in the propriety of this province, and with several other
persons who are either concerned as agents for the government
or as traders to that country, and upon the best information I
can get the allegations of the petitioner Richardson against the
bill are true; and upon the whole matter, therefore, I am of
opinion that this bill ought for the injustice of it to be repealed.
All which I humbly certify to your Lordships, and I am,
. My Lords,
Your Lordships’ most obedient and most humble servant,
' RICHARD WEST.
Board of Trade Proprieties, Vol. X, q. 191. '
6.
\Vhitehall, Friday, November 20, 1719.
At a meeting of His Majesty’s Commissioners for Trade and
Plantations.
Present:
Earl of Westmoreland, Mr. Chetwynd,
Mr. Pelham.
Mr. VVest’s report upon an act passed in Pennsylvania in
1718, for vesting the house and lot of ground in Philadelphia,
formerly the estate of William Clarke, deceased, in trustees, to
be sold for payment of his debts, was read. Whereupon or-
dered that Zacharia Richardson, whose memorial relating to
the said act is mentioned in the minutes of the 7th of the last
month, have notice to bring in writing, on Thursday morning
next, what reason he has to offer against it.
Board of Trade Journal, Vol. XXX,‘ f. 2.
. November 26, 1719.
Zacharia Richardson attending, according to appointment,
he presented to their Lordships objections in behalf of himself
and wife against the act of Pennsylvania mentioned inthe
I 719] The Statutes at Large of Pennsylvania.
475
minutes of the 20th instant, for vesting the house and lot of
ground in Philadelphia, formerly the estate of William Clarke,
deceased, in‘ trustees, to be sold for payment of his debts, &c..
together with the copy- of a deed of settlement of I/Villiam
Clarke, and likewise communicated some letters and other
papers relating to the said act. Whereupon, the sa'id'Richard-
son being withdrawn, ordered that he be desired to produce, as
soon as may be, a copy of the said deed attested by the proper
officer, and that in the meantime the draft of a representation
be prepared upon the said act. ‘
I'b~id., v01. XXX, r. 8.
8.
Objections.
November 26, 1719.
Objections by Z-acharia Richardson and Rebecca, his wife, late
wife of William Clarke, Junior, deceased, to the Pennsylvania
act, entitled “ An act for the vesting the ‘house and lot of ground
lying in Philadelphia, late the estate and inheritance of William
\Clarke, of Lewes, in the county of Sussex, deceased, in trustees,
to be sold for paymentof his debts,” &c. '
For that the end of the said act is to overthrow a settle-
ment made 20th of March, 1709, in consideration of a marriage
to be had between the said Clarke, Junior, and the said Re-
becca and of a considerable estate he was‘ to have with her
whereby the said house and lot of ground were settled to the
‘use of the said Clarke, Junior, and the said Rebecca, and the
survivor of them, for life, and after their death to the use of the
issue of their bodies.
For that the said marriage was had in reliance of the said
settlement, and otherwise the said Rebecca would not have
married the said Clarke, Junior, and the said Clarke, Junior,
did, by virtue of the said marriage, receive of the said Rebecca
to the value of three thousand pounds: and there is issue of the
said marriage three children all living and infants of tender
years, the eldest not above ten years old.
For that the said Clarke, Junior, in his life, and the said Re-
becca, after his death, did, by virtue of the said settlement,
continue in possession of the said house and lot of ground for
476-
T he Statutes at Large of Pennsylvania. [1 719
many years, and the said infants have nothing else for their
support and maintenance. ' I __ D
For that the said act was passed when-the said Rebecca and.
her children were in Barbados and had no opportunity of being
heard against it. -
For that in case the said settlement had been voluntary, as
the said act suggests (which it was not, but made on the highest
consideration) the creditors ought to have sought their remedy
not in this extraordinary and unusual manner, but in the usual
course at law or in equity, where they might have been relieved
in case they had a right so to be. A
For that the said act is without precedent and hath ‘no just
foundation and is of ill consequence in the example, for'if such
a way of proceeding be allowed no person can be sure of any
settlement made upon ‘marriage. '
For that Clarke, Junior, lost an estate suﬁcient to pay his
debts, particularly three thousand acres of land not yet taken
up by anybody. '
And therefore the said Richardson and his wife hope the said
act shall not be conﬁrmed, but that whatsoever hath been‘ done
under it shall be made void.
Board of Trade lPr-o-prieties, Vol. X, q. 192.
December 7, 1719. ‘
Mr. West attending, to their Lordships inquiring what proofs
were produced to him upon considering the act passed in Penn'-
sylvania in 1718, for vesting the house and lot of ground lying
in Philadelphia, late the estate ‘and inheritance of William
vClarke, of Lewes, in the county of Sussex, deceased, in trusp
tees to be sold for the payment of his debts, &c., that the wife
of Zacharia Richardson, who appears against the said act, or
her children have a right to the said house and ground, Mr.
West acquainted the Board that he had received the best 'in-
formation he could get from persons trading to or concerned
in Pennsylvania, and that as the case is recited in the‘act itself,
he is of opinion it ought to be repealed for the’ injustice of it,
1719] The Statutes at Large 0f Pennsylvania.
4:77
if neither the said Richardson nor any other person had ever
complained thereof. Whereupon the draft of a representation»
directed the 26th of the last month, to be drawn for repealing
the said act was agreed, ordered to be transcribed.
‘ Board of Trade Journal, Vol. xxx, f. 21.
10.
December 9, 1719.
A representation agreed at the last meeting in order to the
repeal of an act passed in Pennsylvania in 1718 for vesting the
house and lot of ground lying in Philadelphia late the estate
and inheritance of William Clarke, &c., for payment of debts,
&c., was signed.
and, Vol. xxx, f. 24.
‘11.
December 9, 1719.
To the King’s most Excellent Majesty.
May it please your Majesty:
Having lately received an act passed in Pennsylvania in 1718
I“ for vesting the house and lot of ground lying in Philadelphia,
late the estate and inheritance of William Clarke, of Lewes, in
the county of Sussex, deceased, in trustees to be sold for the
payment of his debts,” &c., we have considered the same, dis-
coursed with the persons who oppose the passing of this act,
andhad the opinion of Mr. ‘West, one of your Majesty’s counsel
learned in the law, upon it. Whereupon we humbly take leave
to represent to your Majesty:
That the case, as it is in the act itself, is that William
Clarke, the father, and William Clarke, the son, did become
bound to one William Houston in the sum of two hundred and
twenty pounds for the payment of one hundred and ten pounds.
That sometime after the date of this bond William Clarke, the
father, did, in consideration of a marriage (whereby the son
was to receive the value of three thousand pounds) which after-
wards took eﬁect between the said son and Rebecca Curtis,
settle, as he might lawfully do, the estate in question upon his
said son and Rebecca his intended wife, for life, and the sur-
478
The Statutes at Large of Pennsylvania. [1719—20
vivor of them, with remainder to the children of the said mar-
riage, in common form of entails, and their heirs, since which
time the said YVilliam Clarke, the father, and ‘William Clarke,
the son, are both dead. William Clarke, the son, left three
children by his said wife Rebecca, who are now minors, and,
as we are informed, were with their mother living in the island
of Barbados at the time the act was passed. The end of this
act is to strip these children in whom the estate is legally vested
according to the settlement thereof, without hearing them or
any person whatsoever for them against the act. The con-
sideration of this marriage is so strong that we humbly con-
ceive it cannot, with any color of justice, be set aside, and the
only inducement mentioned in the act for passing it into a law
is that it is in order to provide for the payment of the debts of
William Clarke, 'the father, and William Clarke, the son, of
whom, as appears by the bill itself, the father at the time of
his death had no interest at all in the house and lot of land in
question, and the son had only an estate for life. Besides
which it has been represented to us that \Villiam Clarke, the
father, left an estate suﬁcient to pay his debts, and particularly
three thousand acres of land as yet not taken up by anybody.
This being the state of the case, we most humbly offer that
for the injustice in the act, your Majesty be pleased to signify
your disallowance and approbation [sic] of the said act.
Which is nevertheless most humbly submitted,
WESTMORELAND,
J. CHETWYND,
C. COOKE,
J. PELHAM.
Whitehall, December 9, 1719.
Board of Trade Proprieties, Vol. XXXI, f. 226.
12.
January 29, 1719-20.
Copy of an order in Council of the 8th January, 1719-20, ap-
proving a representation ‘of the 9th December last for repeal-
ing an act passed in Pennsylvania in 1718, relating to the es-
tate and inheritance of William Clarke, deceased.
Board of Trade Journals, V01. XXXI, f. 69.
1719—20] 7 he Statutes at Large of Pennsylvania.
479
13.
A TRUE
State of the Case
Of R. R., Widow.
As my duty and interest oblige me to regard the Widow
Richardson, and the Title she has to a House and Lot in Chest-
nut Street, in Philadelphia, I was no less surprised than con-
cerned lately, to hear some Persons in Authority and solemn
situation, publickly declare, That the Act of Assembly, made
in the Year 1718, soon after repealed, for sale of that House,
was a good and just Act; and that by the P y and Corrup-
tion of one formerly honour’d in this Province, the same and
its effects were defeated. I may readily suppose some ignor-
ant of the Case, may, tho’ no other can, be imposed on, or in-
duced to believe, that all is true that is delivered from such
Persons and Places. Therefore I hope I may, without the least
Censure, be allowed to state that Case in its true Light, and so
leave the impartial Reader to judge, whether the Widow’s
Title was not cruelly disparaged, and the Character of an ab-
sent Person unjustly traduced. My Occupation in Life will
excuse the want of Formality, which a Practitioner at Law
might observe, but I shall set down the Facts in plain Dress,
and strictly observe, the Truth of the Case, which is thus,
In the Year 1704, William Clarke, of Lewes in Sussex, upon
the Marriage of his Son William Clarke with Rebecca Curtis,
now Richardson, whose Marriage Portion was about £17 00,
settled a House and Lot in Philadelphia, then in the Possession
of Col. Evans, (and since of Andrew Hamilton) upon his said
Son William, to the use of him the said Son and the said Re-
becca, and the Survivor of them, and after their decease to the
Child or Children of them the said William and Rebecca, and
his, her and their Heirs, &c.
The Marriage took effect, and the said William Clarke, the
Son had divers Children by the said Rebecca, who are still
living.
That in the Year 1712, the said William Clarke the Son, and

The Statutes at Large 0f Pennsylvania. [1719—20
Rebecca his Wife, with their Family, went from Philadelphia to
the Island of Barbados, leaving the Marriage Certiﬁcate [ ]1
Power of Attorney with Clement Plumsted, to let the said
House, and to take care thereof; who accordingly let the same,
some time after, to Andrew Hamilton, who in the Year 1718,
exhibited in the Name of Anthony Houston, a Petition to the
then Assembly of Pensilvania and pursuant to the Prayer of
the said Petition an Act of Assembly, drawn and solicited by
the said Andrew Hamilton, then Attorney General, was passed,
wherein it was recited and represented to that Assembly, That
the said William Clarke, Sen. in 17 04, was indebted to sundry
Persons in great Sums, and Accomptant to the Crown for more
than the real value of his Estate, and particularly was indebted
to William Houston, deceased, in .110 Pounds, for Money lent,
for which he and William Clarke, jun. 2d March, 1704, gave
their Bond in £220, conditioned for the Payment of £110, within
a Year after, and that Clarke the Father being then seized
in Fee of a Messuage and Lot of Ground in Philadelphia,
bounded, &c. immediately after the Date of the said Bond, made
a voluntary Settlement thereof on his said Son William Clarke
and one Rebecca Curtis, to whom, it is said, said Clarke, jun.
afterwards marry’d, and on the Heirs of said Clarke jun. on the
Body of said Rebecca to be begotten, and that said Clarke the
Father soon after died, and all his Estate b-oth Real and Per-
sonal extended for a Debt to the Crown, and Clarke, jun. after-
wards withdrawing himself and Effects to Barbados, where he
was since dead, and left no Estate in the Province to pay said
Debt, which with Interest was increased to £139 15s. 10d. 1q.
And that said Houston’s Executor, like to be defrauded of said
Debt, at the request of Houston’s Executors, it was enacted,
That the said Messuage and Lot of Ground, with the Appurte-
nances, should from and after 10 June 1718, be vested in
Charles Read, William Fishbourn and I[srael] P [emberton]
and their Heirs, and that they thenceforth should be adjudged
seized thereof to them and their Heirs, and might hold the
same free from all Estates, Uses, &c., raised or intended to- be
raised by said Settlement, and discharged of all other Rights

1 Mutilated in original.
1719-20] The Statutes at Large of Pennsylvania.
481
and Incumbrances upon Trust. that they, or any two of them,
and their Heirs and Assigns should by sale thereof raise £139
15s. 10d. 1q. or so much thereof as remained unpaid, and as
Money on Account exhibited to said Trustees, as should be al-
lowed by them to Andrew Hamilton (the Tenant) for his
Charges for the necessary Reparations of the Premises after
the yearly Rent of £22 10s. deducted, or so much as the Prem-
isses Would yield, to be sold for discharging of said £139 15s.
10d. 1q. and the Charges laid out by said Hamilton in Repara-
' tions. And if any Money should remain in the Trustees Hands,
after Satisfaction thereof and the Charges of obtaining that
Act, said Trustees deducting the reasonable Expences in exe-
cuting said Trust, should apply the Money [remain]ing in their
Hands for the Payment [the said] Debt, as should appear due
to Anthony [Houston] or any other Debt really due from the
E [states] of the said Clarke the Father and Clarke the Son, and
the surplus (if any should. be) equally divided between the
Widow and Children of the said Clarke the Son. Provided that
to the intent said Widow might have an Opportunity to prevent
said Sale, paying or securing said Debts, the Premises should
not be sold by virtue of said Act, 16 November then next.
This Act was passed when the said Widow and Children
were in Barbados, and had no Opportunity of being heard
against it.
The ‘Widow, as soon as she heard of it, came to Philadelphia,
and Petitioned to have the Act repealed, but her Petition was
rejected.
That the said House and Lot, &c. were set up at vendue, and
Anthony Houston, Executor of said William Houston, or some
Body in his Name, bid £315 and Anthony Hartley bid £320, but
he was told that his bidding more than the £315 was a Damage
to the Widow, because (it was given out) the lower it sold [the
more] she was to get by it, insinuating [that w]hatever sum
it sold for under £400 [she was] to have the remainder of that
Sum, [ ]1 the said Anthony Hartley withdrew his bid-
ding, and Anthony Houston Purchased the same for £315, and

1 Mutilated in original.
482
-T/ze Statutes at Large 0f Itel-znsylz/anza. [1719—20
soon after died, leaving Jonathan Houston and others Exec-
utors. _ ' .
' Whereas in Truth and in Fact (as many credible Persons in
Philadelphia can testify) the VVidoW opposed the sale with
Tears, and all that was in her Power, and never consented to
any such agreement as was suggested, which if true must have
been fraudulent to other Creditors under that Act.
The said Widow being married to Zacharia Richardson,
who having got a proper Copy of the said Act, went to London
in 1719, and applied to his then Majesty and got the said Act
duly repealed, and thereupon came to Philadelphia, and de-
manded by legal Power the Possession of the Premisses, but he
was rejected, and how he was harras’d with Indictments and
other Prosecutions, is too Notorious, the said Andrew Hamil-
ton being Attorney General, and much in favour with Sir Wil-
liam Keith, then Governor. -
That the said Zacharia Richardson was settled in the Island
of J amacia, untill the latter end of the Year 1724, when he was
deprived of the use of his Limbs, was advised by his Physician
to go to Bath for his recovery, and in order thereto he left J a-
maica, and in August 1725, he arrived in London, where he met
both Andrew Hamilton and Clement Plumsted, against whom
he procured a Writ out of Chancery, and there prosecuted them
for Relief against the Injustice and fraudulent Means used in
obtaining of that Act, and the Oppression done by colour of it.
That after many dilatories used by the Defendants, and several
Commissions to examine Witnesses in Pensilvania were by
them procured, some merely for delay because never pursued,
the Charge, Trouble and Attendance on which cost Richardson
four voyages between London and Philadelphia, the matter
was brought to issue.
The Marriage of said Clarke, jun. to the said Rebecca being
deny’d by the Defendants (notwithstanding the Certiﬁcate was
left as before mentioned) was fully proved, as well as the Exe-
cution of the Deed of Settlement.
It is also in Proof that the Executrix of William Clarke the
elder, was sued by Anthony Houston, Executor of William
1719—20] The Statutes at Large of Pennsylvania.
483
lz—Iouston upon the said Bond in the Act mentioned, for £110 in
Kent County Court, and Judgment was thereupon obtained,
and Satisfaction thereupon acknowledged. And Andrew .
Hamilton by his Receipt, dated 15 May 1713, under his Hand,
acknowledges the said Bond to be discharged, but not taken
up. None of which Matters were mentioned, or made known
to the Assembly as passing the said Act, (the Parties being in
Barbados with the receipt, &c.).
It is also in Proof and ready to be produced, that at the time .
the said William Clarke, the elder (lied, and the time of obtain-
ing the Judgment and Satisfaction acknowledged, and after
Payment of all the Debts due to the Crown (notwithstanding
the Allegation and Representation to the contrary) was pos-
sessed in his own proper right of 4855 Acres of Land clear
Estate, in the County of Sussex, as appears by the Record of
that County Court, and the Hand and Seal of the then Sheriff,
who levied that Debt: and several Thousand Acres in the
County of Kent, sufﬁcient to satisfy said Bond and Judgment,
which by the Records and Receipt aforesaid, appears to have
been satisﬁed (and ought to have been cancelled) at least ﬁve
years before the same Bond was produced in the Assembly as
unsatisﬁed, as well as uncancelled: And several Years after
the passing that Act, divers Tracts of Land which were of the
said William Clarke’s the elder, in those Counties, were sold
to pay his Debts.
That the Executors of Anthony Howston being Parties to the
Plaintiff’s Bill in Chancery were subpena’d to answer in that
Court, and being ready to embarque in order to appear person—
ally there, they were stopt by Writs prosecuted by Andrew
Hamilton, as Attorney to W. B., &c., at Newcastle, and held to
give Bail in very great sums.
But by their answer since taken, it appears, That little or no
Money was every paid to Anthony Houston in his Life time, and
none at all to them by Andrew Hamilton, on account of the
Purchase of said House; altho it appears by the said Andrew
Hamilton’s answer, that he paid Howston near 400 Pounds, and
laid out near 800 Pound upon the same House since his Pur-
‘ chase, besides what he laid out before.
31—-—II
484
The Statutes at Large of Pennsylvania. [1719-20
That on the 8th of June, 1733, after eight Years chargeable‘
Attendance and Prosecution, the Cause came to a hearing be-
fore ‘Lord Chancellor King, who thereupon Decreed in these
Words, viz.: '
“By the Right Honourable Peter Lord King, Baron of 'Ock-
“ham, Lord High Chancellor of Great Britain, by. the Power and
“authority of this High and Honourable Court of Chancery,
“Ordered, Adjudged and Decreed, That the said Defendant
“Hamilton to deliver the Possession of the said House and Lot
“of Ground to the said Complainant Rebecca Richardson, to
“be held and enjoyed by her during her Life, and after her
“Death by the Complainants the Infants, according to the said
“Deed of the Twentieth of March, One Thousand seven Hun-
- “dred and four. And that the said Defendant Hamilton do come
“to an account before Mr. Holford one of the Masters of this
“Court, for the Rents and Proﬁts of the said Premisses since the
“time of his entry thereon, and in taking of the said Account,
“the said Defendant Hamilton‘is to be allowed what he laid out
“in repairs of the said Premisses, not exceeding the Rent, and
“all other just allowances. And for the better clearing of the
“Matters aforesaid, the said Defendant Hamilton is to produce
“before the said Master upon: Oath, all Books of Account,
“Papers and Writings, which he hath in his Custody or Power
“relating thereto; and to be examined upon Interrogatories as
“the said Master shall direct. And the said Master is to tax
“the Complainants their Costs of this Suit, what the said
“Master shall ﬁnd and certify to be due to the Complainants
“from the said Defendant Hamilton as aforesaid, after all just
“allowances deducted, the said Defendant Hamilton is hereby
“ordered and directed to pay to the said Complainants Richard-
“son and his Wife. And it is further ordered that the Com-
“plainant Bill be dismissed against the Defendant Plumsted
“without Costs. ‘And it being alledged that there was an Order
“made in this Cause, on the ninth Day of January for prefer-
“ring the said Defendant Hamilton’s Interrogatories and Depo-
“sitions for Scandal and Impertinance to Mr. Elde, one of the
“Masters of this Court, and that the said Master having re-
“ported the same to be Scandalous and Impertinent, it was by
I7I-9—20] The Statutes at Large 0/ Pennsylvania.
48 5'.
“subsequent Order of the Fourteenth Day [of] March last re‘-
“ferred back to the said Master to expunge the said Scandal
“and Impertinance, and to tax said Complainants the Costs in
“respect thereof, which the said Master had accordingly done,
“and the said Costs amounted to Forty-seven Pounds Eighteen
“Shillings and four Pence, which are unpaid, and therefore
“prayed that the said complainants may have the Beneﬁt of the
“said Orders and Report, It is thereupon further Ordered, That
“the said Orders and Report and the Beneﬁts thereof be contin-
“ued to the said Complainants. Therefore, We strictly En-
“joyn and Command you the said Andrew Hamilton eﬁectually
“to perform, ‘fulﬁll and execute all and every the Matters and
“Things speciﬁed and contained in the said recited ﬁnal judg-
“ment on Decree, so far as the same any way concern you, ac-
5‘cording to the Tenor and True Meaning thereof, and hereof
“fail not at your Peril. Witness Our Self at Westminister, the
“nineteenth Day of February, in the ninth Year of our Reign.”
That the said Zacharia Richardson. being much fateagued
and harased with the Prosecution, and Expence and Attend-
ance of this Suit, was taken ill and dy’d at London in January,
1735.
That the Widow came to Philadelphia, and in November 1736
waited on Andrew Hamilton, shewed him the Decree under the
King’s Great Seal, delivered him a Copy of the Decree, and de-
manded Possession of the House, &c., which by the King’s Com-
mand he was to deliver her, and also to pay the said Money, all
which he absolutely refused to do, pretending all was not yet
determined, &c.
That again in November, 1737, she waited on him, and shewed
him the- said Decree and delivered him a Copy. thereof, and de-
~ manded Possession as before; yet still he refused to yield any
Obedience to his Majesties Command, but now for Excuse al-
ledged she had Mortgaged the Premisses, and ought to have a
power from the Mortgagies before he could deliver the Posses-
sion, which he would do when she produced such Power, but
said that the Money was paid or discounted by his Security in
London, whereas in Truth the Money paid in London was for
the Scandal and Impertinance in the Defendant Hamilton’s
486
The Statutes at Large of Pennsylvania. [1 719-20
Answer, but the Sum awarded for his Scandal and Imperti-
nance in his Interrogatories, &c., was never paid. V
The Widow applied to Andrew Hamilton for Rent of the said
House, which he had lived in nigh Twenty-ﬁve "Years and not
paid any, but this he also refused to do, altho’ he well knew she
and her Daughters had nothing else to subsist on, and had suf-
fered very great hardships for many Years past on this Ac-
count.
If the House and Lot so settled and conveyed to- the now
Widow Richardson, in Consideration of Marriage, and double
the Value in Money, “could be Subject to the Payment of that
Bond, if it remained unsatisﬁed (as ‘did not) than I may sup-
pose all Lands Purchased are still liable to the Vendors Debts,
which must create too much inconveniency to be countenanced
or suffered, either in Law or Equity.
y _But as the Case stands, it’s clearly a hardship beyond Com-
pare, were there no Decree to demonstrate it, the Obligor hav-
ing sufﬁcient Estate to pay his Debts, the Bond being put in
Suit and Judgment there-on obtained, Satisfaction acknowl-
edged on Record, and the Attorney’s Receipt acknowledging the
same Bond discharged, but not taken up. All which being
proved beyond a doubt, I think the Plaintiffs had no need, were
they able, to bribe or corrupt any Witness to set aside an
Act so obtained, subjecting that House and Lot to the Payment
of that Bond, was it due, much less when it’s apparent the same
Bond was satisﬁed and discharged, and ought to have been can-
celled many Years before the Act was so sued for in the absence
of Parties. Therefore to do Justice to the Memory of the Dead,
and the Character of the Living, it is in Proof as far as the
Nature of thething can bear, or any impartial honest Man de-
sire that Zacharia Richardson never paid or promised any
Money or Rewardto any Person or Persons, for giving or deliv-
ering any Evidence in this Cause.

It’s true that in 1732, several Years after all Examinations
passed and published, the said Zacharia Richardson became
Security for Sir W. K.‘ in two Notes of £25 each, but it’s as true

1 Sir William Keith.
I 716-32] T he‘ Statutes at Large of Pennsylvania.
487
r
that Zacharia Richardson, or any one for him, never paid one
Farthing or Value thereof on that account.
And now I hope it will not be. a doubt with any impartial
Reader, but the Decree made in the Cause was Righteous and
Just. Let them that wrongfully disparage the Title of the
Widow and Orphans, and falsely asperse the Character of an
absent Person, answer it to their Consciences if they can.
I I E. F.
Note—The foregoing is from a pamphlet, supposed to be unique,
in the collection of the Library Company of Philadelphia, and is, as
nearly as possible, literally reproduced.

APPENDIX V.
Papers relating to the acts (except those covered by Appen-
dices IV, VI, VII, VIII and IX) passed by the sixteenth to the
thirty-second assemblies under the Charter of 1700, from ‘Oc-
tober 15, 1716, to September 30, 1732:
SECTION I.
1. List of laws which have not been laid before the Crown
for approbation.
2. Board of Trade Journal, December 2, 1735,
. 3. Board of Trade Journal, February 22, 1738-39.
4. Board of Trade Journal, February 27, 1738-39.
5. Board of Trade Journal, November 8, 1739.
6. Letter from the Secretary of the Lords of Trade, November
_29,1739.
7. Opinion of Francis Fane, February 5, 1739-40.
8. Board of Trade Journal, February 6, 1739-40.
SEICTI ON II.
1. Petition of Thomas and Richard Penn, January 17, 1746-
47. - .g ‘
2. Order in Council, January 27, 1746-47.
3. Board of Trade Journal, February 17 , 17 46-47 .
488
The Statutes at Large of Pennsylvania. [1717—18
1.
Laws of Pennsylvania (printed at Philadelphia) which have
not been laid before the Crown for approbation:1
Passed in 1717 and 1718.
An Act for the better regulating of elections of sheriffs,
coroners and assessors.
An Act for laying a duty on sundry liquors retailed in
this province. Expired.
An Act for supplying some defects in the law for the
relief of the poor. ,
An Act to supply some omissions in a law passed at the
last sessions of assembly held for this province, entitled
“An act for raising a duty of tonnage upon ships and ves-
sels.” Expired.
An Act for the better encouraging the trade of this prov-
ince. Obsolete.
An Act for laying a duty on wine, rum, brandy and
spirits, cider, hops and ﬂax imported into this province.
Expired.
An Act concerning feme-soZe traders.
An Act for continuing the duty upon negroes brought
into this province. Expired.
An Act for raising a duty upon tonnage of ships and ves-
sels. Expired. I I
An Act for erecting of Houses of Correction and Work-
houses in the respective counties of this province. I
An Act for establishing a ferry over Delaware, at the
Falls.
An Act for erecting a ferry to the landing at or near the
land late of Daniel Cooper, deceased, and also to Glou-
cester in the western division of New Jersey. Supplied.
An Act for the continuing the ferry from Bristol, in the
county of Bucks, to Burlington, in the western division of
the province of New Jersey.
1This paper was probably prepared aboutv March, 1738-39. The
pages referred to in it are those of the edition of the Laws of
[Pennsylvania printed in 1728. See the Board of Trade Journal
for December 2, 1738, and February 27, 1738-39.
Folio.
146
163
167
169
173
175
1,720-122] The Statutes at Large of Pennsylvania.
Folio.
An Act empowering the justices to settle the prices of
liquor in public houses, and provender for horses in public
stables. ' 176
An Act laying an excise or duty on all wine, rum, brandy
and other spirits retailed in this province. Expired. '4
An Act for continuing several acts vtherein mentioned,
laying a duty on wine, rum, brandy, spirits, cider, hops and
ﬂax, negroes and vessels, until the 14th of May in the year
1722. Expired. '
In 1720.
An Act for erecting and maintaining of pounds. 178
‘ An Act for regulating party walls, buildings and parti-
tion fences in the city of Philadelphia. - 181
An Act for the trial and punishment of larceny under
ﬁve shillings. 183
In 1721.
A supplementary Act to a law of this province, entitled
“An act that no public house or inn within this province be
kept without license.” _ 185
An Act for preventing accidents that may happen by ﬁre. 188
An Act to prevent the killing of deer out of season, and
against carrying of guns and hunting by persons not quali-
ﬁed. _ 191
.. An Act for the well tanning and currying of leather and
regulating of cordwainers and other artiﬁcers, using and
I occupying leather within this province. 193
In 1722.
An Act for imposing a duty on persons convicted of hein-
ous crimes and imported into this province as servants or
otherwise. 199
An Act for laying a duty on all wine, rum, brandy and
spirits, molasses, cider, hops and ﬂax imported, landed or
brought into this province. Expired.
An Act for laying a duty on negroes imported into this
province. Expired.
490 The Statutes at Large 0f Pennsylvanza. '[I 72 2—2 3
Folio.
An Act for laying an excise or duty on all wine, rum and
other spirits retailed in this proyince. ‘Expired.
An Act to prevent the exportation of ﬂour not merchant-
able. Supplied.
An Act for encouraging the making of good beer, and for
the consumption of grain in this province. 203
A supplementary Act to the act forthe more effectual
' raising of county rates and levies. Supplied.
An Act for establishing courts of judicature in this
province. Supplied.
An Act to prohibit the selling of rum and other strong
liquors to the Indians, and to prevent the, abuses that may
happen thereby. 207
An: Act for encouraging the raising of hemp within this
province. Supplied. ’
' An‘Act for settling a ferry at Solebury in Bucks county,
over Delaware to New Jersey.
An Act to erect and establish a ferry on the land of
Thomas Yardley of Makeﬁeld township in Bucks county. 212
An Act for regulating the gauging of casks in this prov-
ince. 214
In 1723.
An' Act to rectify proceedings upon; attachments. 230
An Act for reducing the interest of money, from eight to
six per cent per annum. . s 234
An Act for respiting executions upon certain judgments
of courts in this province. Obsolete.
An Act for vesting the lands and lots, commonly called
the lands of the Free Society of Traders in Pennsylvania,
in trustees, to be sold for the payment of such sums of
money as were paid into the public stock of the said so-
ciety for purchasing the said lands and lots, and carrying
on the trade designed by the said society.
An Act directing the process of summons against free-
holders. Repealed.
An additional Act to the act, entitled “An act for laying
a 210
I 7 23*25] The ‘Statutes at Large of Pennsylvania.
49I
Folio.
an excise or duty on all wine, rum and other spirits retailed
in this province.” Expired.
An Act for the encouragement of trade. Obsolete.
A supplement to the Act, entitled “An act for the
making of good beer,” &c. . 248
In 1723.
An Act for establishing a ferry over the river Schuylkill,
at the end of the High Street of Philadelphia. 249
[In 1723-24.]
An Act laying an excise on all wine, rum, brandy and
other spirits retailed in this province. Supplied.
An Act to improve the breed of horses and regulate
rangers. ‘ - 270
An Act for continuing and establishing a ferry over
Nes’haminy Creek in the King’s High Road from Philadel-
phia to Bristol, in the county of Bucks. 273
An Act to enable trustees to sell the old court-house
and prison belonging to the borough and county of Chester.
Obsolete. '
In 1725.
An Act to prevent the exportation of bread and ﬂour
not merchantable. 275
An Act to enable Jeremiah Langhorn, William Biles,
Joseph Kirkbride, junior, Thomas Watson and Abraham
Chapman to ‘build a new court-house and prison in the
county of Bucks. Obsolete.
An Act for raising of county rates and levies. 280
An Act to regulate the practice upon writs of summons
and arrests. 294
An Act for continuing the bounty upon hemp. Sup-
plied. .
An Act for the better securing the city of Philadelphia
from the danger of gunpowder. 301
An Act for the better preventing obstructions to the
navigation of Chester Creek, and other navigable creeks
an-d rivers in this province. 305
3*1*-—II
492~ The Statutes at Large of Pennsylvania. [1 7 26-r'2‘9"
Folio.
In 17 26. ‘
An Act for the re-emitting and continuing the currency of
such ‘bills of credit of this province, as by former acts are
directed to be sunk and destroyed, and for the striking and
making current ten thousand pounds, in new bills, to
supply those that are torn and defaced. 307
An Act for laying a duty on negroes imported into this '
province. Expired. 2 ' i 4 ' 3
An Act for the better enabling of Bernard Vanleer, &c.,
to trade and hold lands in this province. ~ 319
An Act for the better regulating of negroes in this ,.
province. -' ' 321
.An Act for the better regulating the retailers of liquors,
near the iron works and. elsewhere. Expired.
In 1727.
‘An Act for the more effectual encouraging the raising
of good hemp, and for continuing an excise on all wine,
rum, brandy and other spirits retailed within this prov-
ince. _ 337
An Act more eﬁectually to prevent unfair practices in
the packing of beef and pork for exportation. 345
In 1729.
An Act for erecting of pounds in each township of this
province. 353
An Act for laying a duty on negroes imported into this
province. 357 '
X * “"‘ An Act laying a duty on foreigners and Irish
servants, &c., imported into this province. ' 361
' X * * An Act for erecting the upper parts of the
province of Pennsylvania lying towards Susquehanna,
Conestoga, Donegal, &c., into a county. ~ ‘366"
‘An Act for continuing and establishing a ferry from the
landing place of Joseph Kirkbride, over Delaware River ‘at
the Falls. ‘ ' 369
A supplement to that part of the Act for raising county
rates and levies relatingto the killing of wolves. _ ' 371
I 738—-39] The Statutes at Large of Pennsylvania. ’
49 3‘
‘ I . ' ' 'Folio.
A supplement to the Act, entitled “An act to prevent
swine running at large.”
X * * An Act for emitting of thirty thousand
pounds, in bills of credit, for the better support of govern-
ment and the trade of this province.1 372
Endorsed a list of the Pennsylvania laws received by the
371
7 agent, by order of the Lords Commissioners for Trade and Plan-
tations, from their Secretary, being such as their Lordships
don’t ﬁnd to have been laid before the Crown for approbation.
After tedious searches, the three acts marked X (as well as a
great body of subsequent laws twenty-three in number) were
.found by the agent, laid up in a by-corner, at the Board of
Trade, and covered very thick with dust—From the original in
the Penn Papers in the collection of the Historical Society of
Pennsylvania. -
2.
a December 2, 1735.
Then the board took into consideration a volume of Pennsyl-
vania acts. printed in 1728 which had been left by the secre-
tary with Mr. Paris, agent for that province, and Mr. Paris at-
tending was asked whether he delivered that book of laws by
order of the proprietor. He said he had no order to deliver it,
nor did he remember the leaving it at the ofﬁce.
,1 Board of Trade Journal, Vol. XLV, f. 256.
[3.
February 22, 1738-39.
The board having had under consideration the titles of sev-
eral acts passed in Pennsylvania printed in that province in the
year 1728, which acts do not appear to have been ever regu-
larly transmitted to this ofﬁce, ordered the secretary to write a
letter to Mr. Paris, agent of that province, desiring his attend-
ance on Tuesday next.
Ibid., Vol. XLVIII, f. 18.
4.
7 February 27, 1738-39.
Mr. Paris attending as desired by the minutes. of Thursday
1 Endorsed in the hand-writing of Ferdinand John Paris.
494‘
'T/te Statutes at Large of Pennsylvania. [I739-
last, the board had some discourse with him on the subject of
the Pennsylvania acts, and he promised to_ give by this day
sennight what further information he was able to procure.
Ibid., v01. XLVIII, f. 20.
5. . 7
I November 8, 1739.
Ordered that the secretary write a letter to Mr. Fane, His
Majesty’s counsel at law, to desire his opinion upon sixty-seven
acts passed in the province of Pennsylvania and transmitted
therewith.
Ibid., V01. XLVIII, f. 113.
6
Whitehall, November 9, 1739.
To- Francis Fane. *
Sir: By order of my Lords Commissioners for Trade and
Plantations I send you’ the sixty-seven inclosed acts 1 passed in
Pennsylvania for your opinion thereon, and I am to observe to
you that by Mr. Penn’s charter all acts of that province are
within ﬁve years after they have passed there to be laid before
the Crown for approbation, which if not repealed in six months
after they have been presented to His Majesty, become then
absolute laws.
I must likewise inform you that all these laws have been
passed above ﬁve years, but that the agent of the province who
lodged them ‘in this ofﬁce for their Lordships’ consideration is
since dead, and their Lordships ﬁnd they have not yet been
laid before His Majesty. You will please, therefore, to send‘
your opinion upon them in point of law to the board as soon
as conveniently may be. -
I am,
Sir,
Your most humble servant,

7 To Board of Trade Proprieties, Vol. XXXII, d. 117.
1-This list corresponds with number one of Section I of.’ this ap-
pendix, ‘omitting the acts which ‘had expired, .been supplied, re-
pealed or become obsolete, and the three marked X.
17 39—40] Yhe Statutes at Large ‘of Pennsylvania.
495
7. ‘ I‘ Mr. Fane’s Opinion.
February 5, 1739-40.
To the Right Honorable the. Lords Commissioners of Trade
and Plantations. ‘
My Lords: In obedience to your Lordships’ commands signi-
ﬁed to me by Mr. Hill’s letter of the 9th of November last, I
have considered of the following laws. now in force in the
colony of Pennsylvania, viz.:
Acts passed in the 4th year of King George the First, 1717.
An Act for the better regulating of elections of sheriffs, cor- -
oners and assessors.
This act is altered by a subsequent act of this colony passed
in the 11th year of his late Majesty, King George the First; but
so far as it remains in force I see no objection to the conﬁrming
it. ‘
An Act for supplying some defects in the law for the relief of
the poor.
This act was made chieﬂy to ascertain what shall be a good
settlement of a poor person within any township or district of
the province, and what shall be the proper method of removing
such persons as are not legally settled, and seems a proper law
for those purposes and ﬁt to be'conﬁrmed.
An Act concerning feme sole traders.
This act provides a method for suing married women who in
their husbands’ absence carry on a separate trade, and distin-
guishes in what cases the estate of the husband shall or shall
not be liable to the wife’s debts. And itfurther enacts, [that
if any absent husband, being owner of lands, tenements or other
estates in that province, have aliened or hereafter shall give,
grant, mortgage or alienate from his wife and children any of
his said lands, tenements or estate, without making an equiva-
lent provision for their maintenance, every such alienation
shall be void, with an exception only of such sales or mortgages
as the husband shall make for his necessary relief in case of
shipwreck, sickness or other casualty. ‘
I think. this act not ﬁt to be conﬁrmed on account of the
.496
T he. Statutes at Large 0f Pennsylvania. [1739-40
above-mentioned clause for vacating purchases and mortgages,
as the titles of lands are thereby made very uncertain, and this
clause manifestly tends to the great injury of persons who in
many cases purchase or lend their money bona ﬁde and who
are not obliged to inform themselves and in many cases cannot
get any true information whether the circumstances of those
who may have occasion to sell or mortgage their plantations
be such as will or will not warrant such sale or mortgage.
An Act for erecting houses of correction and workhouses
in the respective counties of this province.
An Act for establishing a ferry over Delaware at the Falls.
An Act for the continuing the ferry from Bristol, in the
county of Bucks, to Burlington, in the western division of the
province of New Jersey. _
An Act empowering the justices to settle the prices of
liquor in public houses and provender for horses in public
stables.
These four acts relate either to the good government of the
colony or to private matters, and I have no objection to the
conﬁrming them. ‘
Acts passed in the 7th year of King George the First, 1720.
An Act for erecting and mantaining of pounds.
This act is repealed by a subsequent act made in the second
year of his present Majesty, and therefore I shall postpone my
observations upon it till I consider that subsequent act.
An Act for regulating party walls, buildings and partition
fences in the city of Philadelphia—-
to the conﬁrming which I have no objection.
An Act for the trial and punishment of larceny under ﬁve
shillings—which provides a summary method of punishing per-
sons guilty of petty larcenies by whipping not exceeding ﬁfteen
lashes or ﬁne not exceeding twenty shillings on conviction be-
fore two magistrates, but allows the persons charged a trial at
the sessions on giving proper security for their appearance
there, and likewise enacts that one or more of the magistrates
who shall give judgment shall keepfair records of their pro-
ceedings. As the discretionary power given to the magistrate-s
by this act is restrained within reasonable bounds, and the
1739-40] The .Statutesat Large of Pennsylvania.
497
persons accused may on reasonable terms have a legal trial, I
have no objection to the conﬁrming this act.
Acts pasesd in the 9th year of King George the First, 1721.
A supplementary Act to a law of this province entitled “An
act that no public house or inn within this province be kept
without license;”
An Act for preventing accidents that may happen by ﬁre;
An Act .to prevent the killingof deer out of season, and
against carrying of guns and hunting by persons not qualiﬁed.
I have no objection to the conﬁrming any of these acts.
An Act for the well-tanning and currying of leather and regu- -
lating of cordwainers and other artiﬁcers using and occupying
leather within this province. ~
Besides the provisions of this act which relate chieﬂy to
tanners and shoemakers, it provides that no person shall buy
or make any contract for any unwrought hides or calf skins
except tanners, and it further enacts that no person shall ship
in any port belonging to the province any leather or raw hides
with intent to carrythe same out of the province except to the
places mentioned in the act. wAs raw hides are a very good
commodity to be imported into Great Britain, for the encour-
agement of which divers acts have been passed by the legis-
lature here, and as there is no exception in this act for hides
to be brought hither, I think the act on that account unﬁt to
be conﬁrmed. . .
Acts passed 8th George First, 1722.
‘An Act for imposing a duty on persons convicted of heinous
crimes and imported into this province as servants or other-
wise—which lays a duty of ﬁve pounds per head for felons
convict imported into the province, and obliges the master of
j the vessel or merchant importing to give ﬁfty pounds security
for the good behavior of such convict for one year after his or
her importation, and inﬂicts a penalty of twenty pounds for
every servant imported contrary to the. act. This act and a
subsequent act of this colony to the like eﬂect passed in the
third year of his present Majesty’s reign seem intended to frus-
trate and defeat the several acts made in England for the
498
The Statutes at Large of Pennsylvania’. [1739-540
transportation of felons, and therefore I do not think this act
proper to be conﬁrmed.
An Act for encouraging the making of good beer and for the
consumption'of grain in this province;
An Act to prohibit the selling of rum and other strong
liquors to the Indians, and to prevent the abuses that may
happen thereby; < _
An Act for settling a ferry at Solebury, in Bucks county, over
Delaware to New Jersey; .
An Act to erect and establish a ferry on the land of Thomas
Yardley of Makeﬁeld township in Bucks county; '
An Act for regulating the gauging of cask in this province.
Which acts relating only to private matters within the colony
I have no objection to the conﬁrming them.
Acts passed 9th George First, 1722 and 1723.
An Act to rectify proceedings upon attachments.
This act is intended to rectify some irregularities in the
proceedings on a former act concerning attachments passed in
the 4th year of the late Queen Anne, and seems proper for that a
purpose. And it likewise empowers the justices of the courts
where the attachments are returnable to appoint auditors to
audit the accounts of the defendants’ creditors and adjust their
demands, which auditors are by this act invested with the same
kind of power as the Commissioners of Bankruptcy and as-
signees of bankrupts’ estates are in England.‘ Though there
seem to be many provisions wanting in this act to make it‘ as
beneﬁcial and effectual as it might be for the purposes in-
tended, yet I see no objection to the conﬁrming it till some other
act shall be made which may more fully answer those pur-
poses.
An Act for reducing the interest of money from eight to six
per cent per annum; ‘
A supplement to the Act entitled “An act for the making
good beer,” &c.;
An Act for establishing a ferry over the river Schuylkill at,
the end of the High Street of Philadelphia.
1739-40] The Statutes at. Large of Pennsylvania.
499
Acts passed 10th George First, 1723.
An Act to improve the breed of horses and regulate rangers;
An Act for continuing and establishing a ferry over Nes-
haminy Creek on the King’s High Road from Philadelphia to
Bristol in the county of Bucks. 3‘
To the conﬁrming all which acts I see no objection.
Acts passed 11th and 12th George First, 1724 and 1725.
An Act to prevent the exportation of bread and ﬂour not
merchantable. . 4 .
The several provisions made by this act seem to me to be
proper to answer the purpose intended and the act ﬁt to be con-
ﬁrmed. .
An Act for raising county rates and levies.
Which act concerning only the private affairs of the colony
I have no objection to the conﬁrming it.
An Act to regulate the practice upon writs of summons and
arrest.
By which it is provided that the ﬁrst process in all civil ac-
tions against all freeholders of that province (who are particu-
larly described in the act) shall be by writ of summons and that
if the defendant does not appear at the return of such writ the
plaintiff may ten days after service of the summons and ﬁve
days after ﬁling a declaration in the prothonotary’s ofﬁce, ﬁle
a common appearance for the defendant and have judgment by
default and execution thereon. And the act further provides
that in case alﬁdavit is made that the defendant is going out
of the province or secretes himself or has neglected or refused
on demand to give security for the debt or to give bail to the
plaintiﬁ’s action or has suffered himself to be arrested or judg-
ment to be given against him or made over his eﬁects or suf-
fered them to be attached and has made no defense, or if it be
shown that the defendant’s estate is encumbered and his re-
maining fee-simple estate clear of those incumbrances is not
sufﬁcient to satisfy the debt demanded, or that the defendant
has not been a resident within the province for two years, in
all these cases writs of arrest shall be granted and the defend-
ant held to special bail. But in all other cases except those
speciﬁed, if a writ of arrest issues against a freeholder all pro-
32—11
500
The Statutes at Large of Pennsylvania. [1739-40
ceedings shall stay till the court ‘examines whether he is a
freeholder within the intent of the act, in which case the writ
shall abate and the defendant be allowed thirty shillings cost.
And persons offending against this act are liable to be ﬁned
at the supreme court any sum not exceeding ten pounds. And
this act repeals a former one, concerning summons, passed in
the year one thousand seven hundred and twenty-three. I have
reported the contents of this act at large that your Lordships
may judge whether the same is ﬁt to be conﬁrmed, which I ap-
prehend may be done without inconvenience. For though in
general the exempting persons from arrest may be a hindrance
to the recovery of debts, yet as by this act the proceedings on a
summons are very expeditious, and-as it allows an arrest in
most if not all cases where a creditor is in any danger of los-
ing his debt, this act seems not an improper remedy to prevent
vexatious arrests. '
An Act for the better securing the city of Philadelphia from
the danger of gunpowder;
An Act for the better preventing obstructions to the ‘naviga-
tion of Chester Creek and other creeks and rivers in this pro-
vince.
Acts passed 13th and 14th George First, 1725 and 1726.
An Act for the better enabling Bernard Vanleer, Arent Has-
sart, Michael Smiths, William Selliger, Arnold Bamberger,
William Hillgart and Ulrich Hageman to trade and hold lands
in this province.
To the conﬁrmation of all which I have no objection.
An Act for the better regulating negroes in this province.
As the duty of ﬁve pounds per head imposed by this act on
all negroes imported into the colony who shall have been trans-
ported from the West Indies extends only to such negroes as
shall be transported for crimes and misdemeanors, I have no
objection to the conﬁrming this act.
An Act for the better regulating the retailers of liquors near .
the iron works and elsewhere.
Acts passed 13th George First and 1st George Second, 1726 and
17 27 .
An Act for the more effectual encouraging the raising of
I 7 39—4o] The Statutes at Large of Pennsylvania.
501
good hemp and for continuing an excise on all wine, rum,
brandy and other spirits retailed within this province;
4 ' An Act more effectually to prevent all unfair practices in the
packing of beef and pork for exportation.
To the conﬁrming any of which I see no objection.
Acts passed second George Second, 1728 and 1729.
An Act for erecting of pounds in each township of this prov-
ince.
This act repeals an act of the 7th year of the late King
which I have before mentioned to your Lordships and makes
other provisions for the same purposes as the former act, the
greatest part of which I have no objection to, but there is an
omission in this last act of a clause which was inserted in the
former, providing that the several pound keepers shall take due
care of the creatures to them brought and suﬂicently feed them
daily with grass or hay (according to the season) and duly water
them, which seems a necessary provision especially since by
this act as well as by the former due care is taken of the pound
keeper and a rate is ﬁxed by which he is to be paid for keeping
the beasts. There is likewise a clause in this act as wellas the
former that the pound keeper shall be allowed ten per cent out
of the money arising by sale of cattle according to the act,
which allowance seems to me to be too great.
An Act for laying a duty on negroes imported into this prov-
ince.
To the conﬁrming which I have no objection.
An Act laying a duty on foreigners and Irish servants im-
ported into this province.
This act, besides laying a duty on foreigners and Irish ser-
vants imported into the province, further enforces the law
against importing convicts passed in the 8th year of his late
Majesty which I have already reported to your Lordships as im-
proper to be conﬁrmed, as it seems intended to evade the laws
made in England for transportation of felons. On which ac-
count this subsequent law seems to me unﬁt for conﬁrmation.
An Act for erecting the upper parts of the province of ‘Penn-
sylvania lying towards Susquehanna, Conestoga, Donegal, &c.,
into a county;
502
T/ze Statutes at Large offennsylvanz'a. [1739-40
An Act for continuing and establishing a ferry from the land-
ing place of Joseph Kirkbride over Delaware River at the Falls;
A supplement to that part of the act for raising county rates
and levies relating to the killing of wolves;
A supplement to the Act entitled “An act to prevent swine
running at large.” .
To the conﬁrming all which I have no objection.
' An Act for emitting of thirty thousand pounds in bills of
credit for the better support of government and thetrade of
this province.
This act recites that the bills of credit formerlyemitted in
the province are much lessened by sinking them according to
the directions of the several acts by which they were made
current and the increase of the inhabitants and trade of the
province and the necessity of a further addition to their cur-
rency. And it provides for the issuing and application of bills
of credit to the amount of thirty thousand pounds and the
manner in which they are to be sunk. To all which and to the
other provisions made by this act I have no objection if the
value of the bills of credit already current be not too great in
proportion to the value of the lands and goods in this colony.
‘Acts passed 3d George Second, 1729.
An Act for the relief of insolvent debtors within the prov-
ince of Pennsylvania;
An Act for lending the sum of three hundred pounds in bills
of credit for building a prison and courthouse in Lancaster
county, &c. '
To the conﬁrming of which I see no objection.
An Act for imposing a duty on persons convicted of heinous
crimes and to prevent poor and impotent persons being im-
ported into the province of Pennsylvania.
This act is liable to the same objections as the acts passed
in the 8th year of his late Majesty and the 2d year of his pres-
ent Majesty against the importation of servants, and there
fore I am of opinion that it is not ﬁt to be conﬁrmed.
An Act for continuing the encouragement of raising good
hemp within this province and imposing certain penalties on
17 39—40] The Statutes at Large of Pennsylvania.
593
persons manufacturing or working up unsound or unmerchant-
able hemp into cordage and cables. '
To the conﬁrming of which I have no objection. .
An Act laying an excise on all wine, rum, brandy and other
spirits retailed in this kingdom [sic].
This act is made to commence the 14th May, 1730, at which
time a former act made 13th George First for the same pur-
poses was to expire. But by the last clause of this act the
former act is made to continue till the 10th June, 17 30, so that
between the 14th May and the 10th of June there are two dif-
ferent acts of excise on wine, &c., which may create a dispute
whether the commodities shall be subject to double duties.
A supplement to the Act entitled “An act for preventing
clandestine marriages;”
A supplementary Act to an act of assembly of this province
entitled “An act against buying land of the natives.”
I see no objection to conﬁrming these acts.
An Act for regulating peddlers and vendues, &c.
‘This act lays a duty on hawkers and peddlers and inﬂicts a
. penalty on such as shall set up private lotteries, and likewise
contains several regulations with regard to public sales and
auctions. To all which I see no objection but the title, which
does not sufﬁciently express the contents of the act.
An Act for the better enabling divers inhabitants of the pro-
vince of Pennsylvania tohold lands and to invest them with
the privileges of natural-born subjects of the said province.
Acts passed in August, 4th George Second, 1730.
An Act to remove the trustees of the general loan oﬁice of
Pennsylvania and appointing others to execute the said trust;
An Act to prevent the erecting weirs, dams, &c., within the
river Schuylkill.
To the conﬁrming which two acts I have no objection.
An Act for re-emitting and continuing the currency of such
bills of credit of this province as by former acts are directed to
be sunk and destroyed. .
It may be a question how far an act of this kind was neces-
sary to supply the occasions of the province, but as this act
tends to perpetuate the currency of paper money and may be a
504
The Statutes at Large of Pennsylvania. [1739-40
detriment to English merchants who are to be paid'in those
bills, and as your Lordships have constantly discouraged bills
of this sort, it seems to me that unless an apparent necessity
for the passing of this act be made evident it is improper to be
conﬁrmed. I
An Act for the enabling religious societies of Protestants
within this province to purchase lands for burying grounds,
churches, houses for worship, schools, &c.
It seems to me that as this act enables societies to purchase
in mortmain without any restriction or limitation, though
there is an act in force in Great Britain against such purchases,
it is on that account improper to be conﬁrmed.
An Act. for amendment of the law entitled “An act for relief
of insolvent debtors;” _
An Act for the better prevention of accident that may
happen by ﬁre in the city of Philadelphia by bakehouses and
cooper shops; '
A supplement to the law entitled “An act to prevent the
killing of deer out of season and against carrying of guns and
hunting by persons not qualiﬁed;”
An Act for the better enabling divers inhabitants of the prov—
ince of Pennsylvania to hold lands and to invest them with
the privileges of natural-born subjects of the said province;
An Actyfor the relief of Benjamin Mayne with respect to the
imprisonment of his person;
An Act to disable William Fishbourn from holding any of-
ﬁce of trust or proﬁt within this province and to secure the
payment of a provincial debt due from the said William Fish-
bourn.
To the conﬁrming all which acts I have no objection.
Acts passed Anno 1731.
An Act for reviving and continuing the courts of judicature
within this province.
This act was made to prevent abatements and discontinu .
ances in the proceedings in the courts of justice by reason of
an act passed in the year 1726 for establishing courts of judica-
ture within the province which has been since repealed, and as
I746]: The Statutes at Large of Pennsylvania.
505
. it puts proceedings on the same foot as they were by the former
act passed in 1722 relating to courts of justice, I see no objec-
tion to the conﬁrming it. _
An Act for repealing “An act entitled ‘An act for continuing
the encouragement for raising good hemp within this prov-
ince,’ ”_ &c.
As this act repeals the act passed in 1729 for encouragement
for raising hemp, which was to continue in force till May, 1733,
under which act many persons may have been at great expense
' in the preparing a ground for raising hemp, it seems very ex-
traordinary to repeal this act and thereby deprive them of any
advantage they might have by it before they could reap the
fruit of their labor-and expense.
Acts passed 6th George the Second, 1732.
An ‘Act directing the manner of payment of assemblymen’s
wages;
A supplementary Act to the act for raising county rates and
levies.
To the conﬁrming all. which I have no objection.
All which is humbly submitted to your Lordships’ great
wisdom by,
I My Lords,
Your Lordships’ most humble and most obedient servant,
~ .FRANi FANE.
Board of Trade Proprieties, Vol. XIV, f. 22.
8.
. February 6, 1739-40.
Read Mr. Fane’s report upon a number of acts passed in
Pennsylvania from 1717 to 1732 containing his objections to
some and his remarks upon others.
Board of Trade Journal, Vol. XLIX, f. 8.
SECTION II.
1.
PETITION OI" THOMAS PENN AND RI‘CHARD PENN.
To the King’s most Excellent Majesty in Council.
The humble petition of Thomas Penn and Richard Penn,
506
T/ze Statutes at Large of Pennsylvania. [1746
Esquires, proprietors of your Majesty’s province of Pennsyl-
vania, sheweth: I S
That his late Majesty King Charles the Second on the 4th of
March, 1680, was graciously pleased in consideration of great
sums due from the Crown to your petitioners’ late father to
grant unto him the said province of Pennsylvania for the pur-_
pose of settling a colony there and with powers of legislation
and government.
And your petitioners’ father settled the said colony entirely
at his own private expense, and from time to time established
the constitution there, upon such a basis, and passed such laws
agreeable to the charter, that the said province makes at this
time one of the most ﬂourishing of your Majesty’s colonies in
America. '
That by the said charter full power was granted to enact any
laws whatsoever for the public state, peace or safety of the
said country or the private utility of particular persons, which
laws were to be observed and respected’ there by all persons
provided that the same were consonant to reason and not re-
pugnant or contrary but as near as conveniently might be
agreeable to the laws, statutes’ and rights of this Kingdom;
and the laws for regulating and governing of property, for the
descent and enjoyment of lands, for the enjoyment and succes-
sion of goods and chattels and likewise as to felonies were to
be and continue the same as they should be for the time being
by the general course of the law in England until the said
laws should. be altered by the patentee and the freemen of the
said province.
And his said Majesty thereby declared his will and
pleasure that a transcript or duplicate of all ‘laws which
should be so as aforesaid made in the said province
should within ﬁve years after the making thereof be
transmitted and delivered to the privy ‘council for the
time being of his said Majesty, his heirs and successors.
And if any of the said laws within six months after that
they should be so transmitted and delivered should be de-
clared by his saidMajesty, his heirs and successors, in his or
their privy council inconsistent with the sovereignty or lawful
I746] Tne Statutes at Large of Pennsylvania.
507
prerogative of his said Majesty, his heirs or successors, or con-
trary to the faith and allegiance due to the legal government
of this realm from your petitioners’ said father or his heirs or
of the planters and inhabitants of the said province, and that
thereupon any of the said laws should be adjudged and [de-
clared to be void by his said Majesty, his heirsor successors,
under his or their privy seal, that then and from thenceforth
such laws concerning which such judgment and] declaration
should be made should become void, otherwise the said laws
so transmitted should remain and stand in full force accord-
ing to the true intent and meaning thereof.
That long before and also at the time the said charter was
granted and for many years afterwards the Lords and others
of the privy council were the persons who composed the council
for trade and foreign plantations until'the reign of his late Ma-
jesty King William the Third, when certain commissioners
were appointed for the aﬁairs of trade and the plantations by
commission under the great seal, in which commission and the
subsequent commissions which issued divers lords, the great
officers of state and privy councilors and others were appointed
as commissioners, some of which commissioners were not of
the privy council to His Majesty. But being so especially com-
missioned for the affairs of the plantations with express power
to examine into and weigh such acts of the assemblies of the
plantations respectively as should from time to time be sent
or transmitted hither for the royal approbation, great numbers
of acts of assembly passed in divers of your Majesty’s American
colonies were from time to time transmitted and delivered to
the said Lords Commissioners.
That the inhabitants of the said province of Pennsylvania
having received great loss and hurt by many persons who trade
hither, having for lucre and private gain imported unto the
said province from divers of your Majesty’s colonies and sold as
servants divers persons who had been before convicted of hein-
ous crimes, the then lieutenant-governor and assembly of the
said province in the year 1722 passed _
“An act for imposing a duty on persons convicted of heinous
crimes, and imported into this province as servants or other-
wise.”
508
The Statutes at Large of Pennsylvania. [1746
And in or about May, 17 29, the thenlieutenant-governor and
assembly of the said province passed
“An act for laying a duty on foreigners and Irish servants,
&c., imported into this province.” .
‘ Both which acts or transcripts or duplicates of the same,
your petitioners humbly apprehend were laid before the Lords
Commissioners for Trade and Plantations in a short time after
they were respectively passed.
That the said acts proving ineffectual to redress the great
mischiefs which ensued from the aforementioned practice, the
then lieutenant-governor 'and assembly of the said province in
or about February, 1729, passed
“An act imposing a duty on persons convicted of heinous
crimes and to prevent: poor and impotent persons being‘ im-
ported into the province of Pennsylvania.”
By which last-mentioned act both the former acts were then
repealed (above seventeen years ago) and divers further provi-
sions were made for preventing those great mischiefs, and
Charles Read was appointed collector of the duty thereby im-
posed.
Which last-mentioned act or a transcript or duplicate thereof
was likewise long since laid before the Lords Commissioners for
Trade and Plantations. 2
After which time it being conceived more regular in point of
form that American acts of assembly or transcripts or dupli-
cates of the same should be laid immediately before your Ma-
jesty, the lieutenant-governor and assembly of Pennsylvania
on the 2d of September, 1738, passed
“A supplement to the act entitled ‘An act for imposing a
duty on persons convicted of heinous ‘crimes and to prevent
poor and impotent persons being imported into this province.’ ”-
Which last-mentioned act recited the act of February, 1729,
and that the said Charles Read, who had been thereby ap-
pointed the collector of the said duties, was dead, and that the
circumstances of the said province required that the said
therein-recited act should be put in execution, and appointed
a new collector for the doing and performing the matters and
things contained in the said-recited act.
1746] The Statutes at Large of Pennsylvania.
509
And the said last-mentioned act was instantly upon the most
early arrival here, to wit, upon the 18th December, 1738,
humbly presented at the ofﬁce of your Majesty’s privy council
in the strictest regularity, and was afterwards referred to the
consideration of the Lords Commissioners for Trade and Plan-
tations, and was not at any time afterwards, that your peti-
tioners can discover, declared void by your Majesty in any
manner whatsoever. 3
That your petitioners are advised that none of the before-
mentioned acts were intended or ever made use of to prohibit
or deter any person from importing convicts into that province
from Great Britain, and that no person concerned in the said
province or in the transporting convicts thither from Great
Britain ever complained of any ill effects arising from the same
after such long use and experience thereof.
Notwithstanding which and that the said two last-mentioned
acts of 1729 and 1738 remained unrepealed, it having been
barely suggested to the assembly of the said province that a
doubt might possibly arise upon the expressions contained in
the said two last-mentioned acts, whether the same might be
construed to extend to prohibit the importation of convicts
thither from Great Britain, immediately upon the signiﬁcation
of such possibility only of a doubt unto the said assembly, they
in February, 1742, passed
“An act imposing a duty on persons convicted of heinous
crimes brought into this province, and not warranted by the
laws of Great Britain, and to prevent poor and impotent per-
sons being imported into the same.”
In which act is contained an express proviso that the same
should not be construed to extend to hinder the importation of
such servants or others who by any acts of parliament of this
kingdom can or may be legally imported. into that province.
And the said act repealed all the said four former acts of the
years 1722 and 17 29 and 1738.
That the last-mentioned act having been humbly presented
to your Majesty on the 30th of June last, was on the 7 th of Au-
gust last, together with ﬁve others, referred to the consideration
of the said Lords Commissioners for Trade, who, upon the 5th of
510
T/ze Statutes at Large of Pennsylvania. ‘[1746
December instant, reported their reasons to the right honorable
the Lords of the Committee of your Majesty’s most honorable
privy council why the said Lords Commissioners submitted to
their Lordships whether your Majesty might not be pleased to
declare your disapprobation of the said three acts of 1722 and
1729.
That the said report was sent in to the Lords of the Commit-
tee on the 8th of December instant without your petitioners
having had any knowledge or expectation that, upon a refer-
ence made to the said Lords of Trade of acts passed in the year
1742, they would report upon any other acts of so old dates as
the years 1722 and 1729, the rather for that those old acts had
been many years ago before them and under their considera-
tion, and not reported upon at that time, and much less had
your petitioners any expectation that the said Lords Commis-
sioners would in so sudden a manner have reported now for the
disapprobation of such old acts upon the principle of their
having never been laid before your Majesty, which, your peti-
tioners beg leave to represent, is a point of the highest import-
ance to the ancient laws and establishments not only of the
said province of Pennsylvania but of many others of your Ma~
jesty’s provinces and colonies also who may have laid their old
acts in like manner before the said Lords of Trade a long time
ago, and to which other provinces also it may be of the last
consequence to be liable to an objection of that sort. Your
petitioners most humbly crave leave further to represent to
your Majesty that this their humble petition does by no means
proceed from a desire to support any act that can by any possi-
bility be construed to oppugn any statute of this kingdom, for
that on the contrary the assembly themselves with the utmost
duty and alacrity, immediately on a suggestion to them of the
possibility of a doubt on that head, most cheerfully passed the
present act of 1742 to repeal every one of the said former acts
(although they had found great relief from the same), and your
petitioners have not the least doubtbut they will as readily
repeal the same again in a manner not liable to any objection.
Such the proceeding of the assembly in this particular in-
stance being agreeable to their general duty shown on all other
I746] The Statutes at Large of Pennsylvania.
511
occasions to any intimation on the part of your Majesty or your
ministers, they themselves on another late signal occasion
having in the year 1733 passed a law to render effectual the
repeals intended to have been made by your Majesty’s royal
ancestors of many acts of assembly, some of which acts were
much esteemed by them. But in regard that the intention of
the Crown had been signiﬁed for disallowing the same, al-
though such intention had not been carried into execution, the
said assembly themselves, in a ready and most dutiful manner,
passed an act to make such repeals effectual.
' And the said assembly and your petitioners’ lieutenant-gov-
ernor there have in all other cases endeavored to distinguish
m them selves by the most ready and punctual compliance with all
your Majesty’s gracious orders and intentions whatsoever. .
But forasmuch as the repealing old acts of assembly, which
have been for a great number of years laid before and under the
consideration of the Lords of Trade, upon the principle of their
not having been laid before your sacred Majesty, is a point of so
great and extensive consequence (not only to Pennsylvania but
many other provinces) and hath not hitherto been established,
though now (for the ﬁrst time according to your petitioners’ in-
formation) proposed to be done:
And as that‘ principle, if your Majesty shall think ﬁt that
the same shall be established, may affect the most ancient and
fundamental laws of several colonies, and tend to set aside
those laws under which the said province has been long ago
settled and the government thereof carried on:
And for that the repeal of the said three old acts which is
now proposed, if that principle shall upon consideration be
found right, may at any time be made after consideration of
that point as well as at this present time, and that two of the
said three old acts now proposed to be repealed stand already
repealed above seventeen years ago, and that no opportunity
at present oﬁers for transmitting your Majesty’s pleasure on
the third of the said old acts:
And for that the repealing of the said three old acts alone,
without at the same time repealing the fourth also (which was
passed in 1738 and most properly transmitted, and which
512
The Statutes at Large of Pennsylvania. [1746
stands as a law until repealed by the assembly there) may in-
troduce some degree of confusion into the said affair, which
your petitioners are most desirous to avoid:
Your petitioners most humbly beseech your Majesty that
you will be graciously pleased to afford them an opportunity
to be heard by their counsel against so much of the said Lords
of Trade’s report as relates to your Majesty’s now declaring
your royal disapprobation of the said three old acts of the year
1722 and 1729, as not having been laid before your Majesty be-
fore such time as that part of the said report shall be approved;
or that your Majesty will be graciously pleased to aﬁord your
petitioners such other relief in the premises and in such man-_
ner as to your Majesty’s great wisdom and goodness shall seem
meet. And your petitioners, as in all duty bound, shall ever‘
pray, &c.
THO.PENN,
RICHD. PENN. .
December 17, 1746.
2.
At the Council Chamber, Whitehall, the 27th of January,
1746-47.
By the Right Honorable the Lords of the Committee of Coun-
cil for Plantation Affairs.
Whereas His Majesty was pleased, on the 17th of last month,
to postpone signifying his pleasure upon three acts passed in
the province of Pennsylvania in 1.722 and 1729, laying duties
on persons convicted of heinous crimes and imported into that
province, until a petition of Thomas Penn and Richard Penn,
Esquires, proprietors of the said province, relating thereto (pre-
sented to His Majesty on the said 17th of last month) had been
examined into; and to that end His Majesty was pleased, by his
order in council of the same day, to refer the said petition to
this committee. Their Lordships, in pursuance of His Majesty’s
said order, this day took the said petition'into their considera-
tion, together with what is contained in the report of the Lords
Commissioners for Trade and Plantations of the 5th day of
December last relating to the said acts, and ﬁnding that notice
is taken in the said petition of another act on the same subject
I7213-24] T he.Statutes at Large of Pennsylvania.
513
passed in the said province in 1738, do think it proper to refer
the said petition (a copy whereof is hereunto annexed) to the
said Lords Commissioners for Trade and Plantations, to ex-
amine into the same and report to this Committee a state of
the case as it shall appear to them, together with their opinion
what may be advisable to be done thereupon.
W. SHARPE.
Board of Trade Proprieties, Vol. XVI, f. 38.
3.
February 17, 1746-47.
Read an order of the committee of council dated the 27th
of last month, referring to this board the petition of Thomas
and Richard Penn, Esquires, proprietors of Pennsylvania, re-
lating to three acts passed in that province in 1722 and 17 29,
laying a duty on persons convicted of heinous crimes and im-
ported‘ into that province, and the board agreed to take the
said petition into consideration when application shall be made
by the petitioners.
Board of Trade Journal, Vol. LV, 1?. 18.

APPENDIX VI.
Papers relating to the acts passed by the twenty-second and
twenty-third assemblies under the Charter of 17 00, from Oc-
tober 15, 1722, to August 15, 1724:
SECTION I.
Order in Council, March 27 , 1724-25.
Order in Council, July 5, 1726.
Board of Trade Journal, July 23, 1724.
Board of Trade Journal, December 10, 1724.
Opinion of Richard West, January 4, 1724-25.
P‘F‘P’Nl"
The Statutes at Large of Pennsylvania. [1 724"25
6. Representation of the Board of Trade, January 14, 1724-
25.
Opinion of Richard West, May 10, 1725.
.Board of Trade Journal, April 26, 17 26.
Board of Trade Journal, April 27 , 1726.
10. Board of Trade Journal, May 6, 1726.
11. Board of Trade Journal, May 10, 1726.
12. Board of Trade Journal, May 11, 17 26.
13. Letter from the Board of Trade, May 11, 17 26.
14. Representation of the Board of Trade, May 11, 17 26.
15. Board of Trade Journal, August 11, 17 26.
999°.‘q
1.
At the Court of St. James, the 27th day of March, 1724-25.
Present:
The King’s most Excellent Majesty in Council.
Upon reading this day at the board a report from the Lords
of the Committee of the privy council humbly offering to His
Majesty for his royal conﬁrmation the following act passed in
Pennsylvania in May, 1724, viz. :1
(Here the said act was inserted at length, entitled “An act
prescribing the forms of declaration of ﬁdelity, abjuration and
afﬁrmation, instead of the forms heretofore required in such
cases”)
His Majesty in Council, taking the same into consideration, is
pleased pursuant to the powers reserved toHis Majesty in the
charter of propriety granted to William Penn, Esquire, to de-
clare his approbation of the said act, and pursuant to His Ma-
jesty’s royal pleasure thereupon expressed, the said act is
hereby conﬁrmed, ﬁnally enacted and ratiﬁed. Whereof the
deputy-governor, council and assembly of the said province and
all others whom it may concern are to take‘notice, and to
cause the said act to be duly and effectually observed and put
in execution accordingly. '
A true copy: [Edward SouthwelL]
Board of Trade Proprieties, Vol. II, r. 57.
I 726] The Statutes at Large of Pennsylvania.
2.
At the Court at Kensington, the 5th day of July, 1726.
Present: '
The King’s most Excellent Majesty.
Lord Archbishop of Canterbury, Earl of Sunderland,
Lord Chancellor, Earl of Islay,
Lord Archbishop of York, Lord Viscount Townshend,
Lord President, Lord Bishop of London,
Lord Privy Seal, Lieutenant-General of the
Lord Steward, Ordinance.
Duke of Queensberry, Henry Pelham, Esquire.
Whereas His Majesty was pleased, upon the 31st of May
last, to refer unto the consideration of the Lords of the Commit-
tee of the privy council an act passed in Pennsylvania the
30th of March, 1723, together with a representation thereupon
from the Lords Commissioners for Trade and Plantations, pro-
posing the repeal of the said act, entitled as follows, viz., “An
act directing the process of summons against freeholders;” and
the Lords of the Committee having reported as their opinion to
His Majesty that the said act ought to be repealed, HisMa-
jesty in Council this day took the same into consideration, and,
pursuant to the powers reserved to His Majesty in the charter
of propriety granted to William Penn, Esquire, is pleased to
declare his disallowance-of the said act, and, according to His
Majesty’s pleasure ‘thereupon expressed, the said act is hereby
repealed, declared void and of none effect; whereof the deputy-
governor, council ‘and assembly of the said province, and all
others whom it may concern, are to take notice, and govern
themselves accordingly. : __
TEMPLE STANYAN.
Order in Council, Vol. II. f. 325.
sa-n
516
The Statutes at Large of Pennsylvania. [1724—25
3.
WVhitehall, Thursday, July 23, 1724.
At a meeting of His Majesty’s Commissioners for Trade and
Plantations.
Present :
Mr. Bladen,
Mr. Ashe,
Mr. Plummer.
Mr. Chetwynd,
Mr. Docminique,
Mr. Pelham,
A letter from Sir William Keith, Governor of Pennsylvania,
to the board dated the 12th of December, 1723, transmitting
two acts passed in that province, was read.
Whereupon ordered that all the acts passed in Pennsylvania,
upon which Mr. West has not hitherto made any report, be sent
to him for his opinion thereupon in point of law.
And directions were given for preparing an answer to Sir
William Keith’s said letter.
Board of Trade Journal, Vol. XXXIV, f. 206.
4.
Whitehall, December 10, 1724.
Mr. Gee attending, desired their Lordships would please to
consider of and report as soon as conveniently may be upon an
act passed in Pennsylvania in 1724, entitled “An act prescrib-
ing the forms of declaration of ﬁdelity, abjuration and afﬁrma-
tion, instead of the forms heretofore required in such cases.”
Whereupon ordered that the said act be sent to Mr. West for
his opinion thereupon in point of law.
Ibid., Vol. XXXIV, f. 321.
5.
Mr. VVest’s report upon an act passed in Pennsylvania in
May, 1724, relating to the Quakers’ afﬁrmation.
To the Right Honorable the Lords Commissioners for Trade
and Plantations.
My Lords: In obedience to your Lordships’ commands I have
perused and considered an act passed in Pennsylvania in 1724,
entitled “An act prescribing the forms of declaration of ﬁdel-
I 72 5] The Statutes at Large of Pennsylvania. 5 I 7
ity, abjuration and afﬁrmation, instead of the forms heretofore
subscribed in such cases.”
To which act I have no objection to its being passed into law.
All which I humbly certify to your Lordships, and am,
My Lords,
Your Lordships’ most obedient and most humble servant,
RICH. WEST.
January 4, 1724-25.
Board of Trade Proprieties, Vol. XI, r. 50.
6.
Representation for conﬁrming an act passed in Pennsyl-
vania in May, 1724, relating to the Quakers’ aﬁirmation.
January 14, 17 24-25.
To the King’s most Excellent Majesty.
May it please your Majesty:
We have had under consideration an act passed in Pennsyl-
vania in May, 1724, entitled “An act prescribing the forms of
declaration of ﬁdelity, abjuration and afﬁrmation, instead of
the forms heretofore required in such cases,” and having had
the opinion of Mr. West, one of your Majesty’s counsel-at-law
thereupon, we have no objection why your Majesty may not be
graciously pleased to conﬁrm the same. Which is most humbly
submitted.
J. CHETWYN D,
M. BLADEN,
EDWARD ASHE,
R. PLUMMER.
Whitehall, January 14, 172425.
Ibid., Vol. XXXI, f. 341.
7.
The same lawyer’s objections to an act of the Pennsylvania
assembly establishing a paper credit:
To the Right Honorable the Lords Commissioners for Trade
and Plantations.
The Statutes at Large of Pennsylvania. [1725
My Lords: In obedience to your Lordships’ commands I have
perused and considered the four following acts passed in Penn-
sylvania in 17 22-23, entitled
An Act for the emitting and making current ﬁfteen thou-
sand pounds in bills of credit;
An Act for the better and more eﬁectual putting in execu-
tion an act of assembly of this province entitled “An act for
emitting and making current ﬁfteen thousand pounds in bills
of credit;”
A supplementary Act to the act, entitled “An Act for emit-
ting and making current ﬁfteen thousand pounds in bills of
credit ;” and
An Act for emitting and making current thirty thousand
pounds in bills of credit. -'
These four acts relate to the establishing a paper credit in
Pennsylvania, and as your Lordships have lately in other cases
been of opinion against all projects of that kind, I think they
ought not to be passed into law.
I have likewise perused and considered an act passed in the
said island entitled
An Act directing the process of summons against free--
holders.
The intent of this act is to exempt all freeholders to the value
of ﬁfty acres of land from arrest; but, as they may contract
debts to a hundred times or more that value, and have consid-
erable personal estates with which they may run away, I
think it is an unreasonable privilege and not proper to be
passed into law.
I have likewise perused and considered the three following
acts passed in the said island, entitled
An Act for respiting executions upon certain judgments of
courts in this province;
An Act to rectify proceedings upon attachments;
An Act for regulating and establishing fees;
to all which I have no objections to their being passed into law.
RICH. WEST.
'May 10, 1725.
1726] The Statutes at Large of Pennsylvania.
519
8.
Whitehall, Tuesday, April 26, 1726.
At a meeting of His Majesty’s Commissioners for Trade and
Plantations.
Present:
Mr. Bladen,
Mr. Ashe,
Mr. Chetwynd,
Mr. Docminique,
Mr. Plummer.
A memorial from Mr. Penn desiring the three following acts
passed in Pennsylvania may be repealed, was read, viz.:
An act to ratify proceedings upon attachments, passed
2d March, 1722-23.
An act directing the process of summons against freehold-
ers, passed 30th March, 1723.
An Act for regulating and establishing fees, passed 30th
March, 1723.
Copy of memorial to the house of representatives of Penn-
sylvania in November, 17 23, relating to paper money there, was
read, whereupon their Lordships resolved to take that affair
into consideration to-morrow morning.
' Board of Trade Journal, Vol. XXXVI, f. 134.
9.
Wednesday, April 27 , 1726.
Mr. West’s report on eight acts passed in Pennsylvania in
1722-23 relating to paper credit and on several other
acts of that province was read and their Lordships, taking into
consideration the memorial from Mr. Penn upon three acts
passed there, as also the copy of a memorial to the representa-
tives of that province in November, 1723, relating to paper
money (both mentioned in yesterday’s minutes), their Lord-
ships gavc directions that Mr. Joshua Gee and Mr. Clement be
acquainted that the board desire to speak with them thereupon
on Wednesday morning next.
Ibid., Vol. XXXVI, f. 137.
10.
Friday, May 6, 1726.
Their Lordships taking into further consideration the follow-
520
The Statutes at Large of Pennsylvania. [1 726
ing acts passed at Pennsylvania in March, 1722-23, agreed as is
expressed under each respective title, viz.:
An Act to rectify proceedings upon attachments—to lie by
probationary ;
An Act directing the process of summons against freehold-
ers-—-to be repealed;
An Act for regulating and establishing fees—to lie by pro-
bationary. '
Whereupon ordered that a draft of a representation be pre—
pared for repealing the second of the said acts.
R. PLUMMER.
Ibid., V01. XXXVI, f. 181.
11.
Tuesday, May 10, 1726.
The draft of a representation ordered to be prepared at the
last meeting for repealing an act passed in Pennsylvania in
March, 1723, directing the process of summons against free-
holders, was agreed and ordered to be transcribed.
Ibid., V01. xxxvI, f. 182. '"”'"'_"
12.
Wednesday, May 11, 1726.
The representation for repealing the act passed in Pennsyl-
vania directing the process of summons against freeholders,
agreed yesterday, was signed.
A letter to Major Gordon, Deputy-Governor of Pennsylvania,
directed to be prepared the ﬁfth instant, was agreed and or-
dered to be sent.
Ibid., v61. XXXVI, f. 183.
13.
BOARD or TRADE ON IssuINe BILLS or CREDIT, 1726—PENNSYLVANIA-
Whitehall, May 11, 1726.
Sir: I am commanded by my Lords Commissioners for Trade
and Plantations to acquaint you that they have lately had
under their consideration four acts passed in Pennsylvania for
giving a currency to paper money, entitled
An act for the emitting and making current ﬁfteen thou-
sand pounds in bills of credit, passed the 2d March, 17 22-23;
I726] The Statutes at Large of Pennsylvania.
521
A supplementary Act to an act entitled “An act for emitting
and making current ﬁfteen thousand pounds in bills of
credit,” passed 30th March, 1723;
An Act for the better and more effectual putting in execu-
tion an act of assembly of this province entitled “An act for
emitting and making current ﬁfteen thousand pounds in bills
of credit,” passed 11th May, 1723; and
An Act for emitting and making current thirty thousand
pounds in bills of credit, passed 12th December, 1723.
Their Lordships have found by experience that bills of credit
have been of very ill consequence in other places where they
have been issued, particularly in Carolina, where not only the
province but the merchantshave sustained great losses thereby.
For this reason, if it were not out of tenderness to those per-
sons into whose hands the bills issued in Pennsylvania may
have passed, their Lordships would lay the aforementioned acts
before His Majesty to be repealed; and if any further acts are
passed for creating more bills of credit than those already is-
sued, their Lordships will certainly think themselves obliged
to lay them before His Majesty for his disallowance.
However, for the present, their Lordships command me to
acquaint you that they think it highly necessary for His Ma-
jesty’s service and for the good of the province under your gov-
ernment that all possible care should be taken for the effectual
sinking of those bills, and that the funds given for that pur-
pose be duly applied.
I am further directed to observe to you that the laws referred
to in these acts for paper currency have never yet been trans-
mitted to this office, and to desire that you will transmit the
said acts and all such acts for the future as shall be passed in
Pennsylvania.
I am, Sir,
Your most humble Servant,
ALURED POPPLE.L
Major Gordon.

Pennsylvania Archives, Vol. I, f. 186.
1 See Colonial Records, Vol. III, f. 261 and 349.
522
The Statutes at Large of Pennsylvania. [1 726
14.
The representation for repealing an act passed in Pennsyl-
vania in March, 17 23, entitled
An Act directing the process of summons against freeholders.
To the King’s most excellent Majesty.
May it please your Majesty:
‘We have had under our consideration an act passed at Penn-
sylvania the 30th of March, 1723, entitled “An act directing
the process of summons against freeholders,” and having had
the opinion of Mr. “Test, late one of your Majesty’s counsel at
law, thereupon, we take leave to represent to your Majesty:
That the intent of this act is to exempt all freeholders to the
value of ﬁfty acres of land in that province from arrest. But
as they may contract debts to a much greater value, and may
have considerable personal estates with which they may run
away, we are of opinion that this is an unreasonable privilege
and not proper to be passed into a law. Wherefore we do hum-
bly propose to your Majesty that the said act may be repealed.
Which is most humbly submitted,
WVESTMORELAND,
M. BLADEN,
E. ASHE,
R. PLUMMER,
T. HOBART.
Whitehall, May 11, 1726.
Board of Trade ‘Proprieties, Vol. XXXI, f. 398.
15.
Thursday, August 11, 17 26.
Copy of an order in council of the 5th July, 1726, repealing
an act passed in Pennsylvania in 17 23, entitled “An act direct-
ing the process of summons against freeholders read.”
Board of Trade Journal, Vol. XXXVI, f. 301
INDEX.
Page.
A.
ACCESSARY.
In sodomy, buggery, rape and rob-
bery, how punished, . . . . . . . . . . . .. 202
To the killing of bastard child to
suﬁer death, . . . . . . . . . . . . . . . . . . . .. 202
Who to be deemed an, in stabbing. 203
In mayhem, cutting, maiming and
disﬁguring to suffer death, . . . . . . . 203
When, may be indicted in county
other than that in which princi-
pal offense committed, . . . . . . . . .. 208
Duties of justices upon indictments
of such, . . . . . . . . . . . . . . . . . . . . . . . .. 208
How such, to answer, stand trial and
be punished, . . . . . . . . . . . . . . . . . . . . . 208
Statute of Edward VI to be put in
force, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 208
ACCOUNT. See Court, Orphans’.
Limitation of action, . . . . . . . . . . . . .. 12
ACKNOWLEDGMENT.
Of deeds, by whom taken, . . . . . . . ..53-l
All deeds to be acknowledged before
being recorded, . . . . . . . . . . . . . . . .. 53
ACT OF PARLIAMENT.
Granting forms of aﬁirmation or
declaration to be enforced, . . . . . .. 431
ACTION, LIMITATION OF. See Limi-
tation of Action.
ACTION OF DEBT.
Limitation in, . . . . . . . . . . . . . . . . . . ..12-13
ACTIONS. See Replevin; Covenant;
Debt, Action of; Partition; Waste; Ac-
count; Ejectment; Arrest; Limitation
of Action.
On contracts for real estate not to
be heard by justices of the peace, 65
For rent, not to be heard by jus-
tices of the peace. . . . . . . . . . . . . . . . . 65
33 *-—II

ACTIONS—Continued. Page
All manner of, to be determined by
the court of common pleas, . . . . .. 70
Standard of practice in, ﬁxed, .. 70
In courts of common pleas to be
commenced by summons, capias
or attachment, . . . . . . . . . . . . . . . . .73, 126
Form of writs, . . . . . . . . . . . . . . . . . ..73, 126
When process returnable, . . . . . . . . .. 74
Upon bail bonds, . . . . . . . . . . . . . . . . . .. 74
Not discontinued by practice act ex-
cept upon bail bonds, . . . . . . . . . . .. 75
By innkeepers for debts above twen-
ty shillings or against servants to
abate, . . . . . . . . . . . . . . . . . . . . . . . . . .. 251
What, cognizable in county courts of
common pleas, . . . . . . . . . . . . . . . . . .. 306
For debts, &c., barred upon refusal
to accept bills of credit ten-
dered, . . . . . . . . . . . . . . . . . . . . . . . .330, 394
When freeholder is and is not liable
to arrest in civil, . . . . . . . . . . . . . . .. 359
When members of assembly are ex-
empt from arrest in, . . . . . . . . . . . . .. 359
Upon default of payment of mort-
gages given as security for loans of
bills of credit, trustees of general
loan ofﬁce to bring such, as they
think ﬁt, . . . . . . . . . . . . . . . . . . . . . . .. 387
ACTIONS PERSONAL. See Limitation
of Action.
ACTS OF ASSEMBLY. See Private Act.
ADMINISTRATION, LETTERS OF. See
Court, Orphans‘.
Granted without bond void, . . . . . . .. 15
Officer granting same liable to any
person damaged thereby, . . . . . . .. 15
Party to whom, granted may be
sued in his own wrong, . . . . . . . . .. 16
5 24 ' ‘Index.
ge.
P
ADMINISTRATORS. See Decedents’ a
Estates; Intestates.
To invest by leave of Orphans’
court, . . . . . . . . . . . . . . . . . . . . . . . . . .. 17
To give security, . . . . . . . . . . . . . . . . . . . 17
To be responsible for principal only
if unable to invest, . . . . . . . . . . . .. 17
When liable to pay interest, . . . . . . .. 17
Receipts given by, to be binding, . . . 18
Discharge upon settlement of ac-
counts, . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Bonds to be canceled, . . . . . . . . . . . .. 19
Arrested upon gaping to be dis]-
charged upon common bail, . . . . .. 75
Exceptions, . . . . . . . . . . . . . . . . . . . . . . . . 75
Not to give security upon writ of
error except none entered in reg-
ister-general’s ofﬁce, . . . . . . . . . . . .. 81
ADULTERATION OF SPIRITS OR
SPIRITUOUS LIQUORS. See Liquors,
Adulteration of.
ADULTERY.
Estate of absent husband living in,
made liable for support of wife
and children, . . . . . . . . . . . . . . . . . . .. 158
ADVERTISEMENT.
Notice to be published in Weekly
Mercury of sale of property taken
in domestic attachment, . . . . . . . .. 342
AFFIRMATION. See Oath; Attest; Dec-
laration.
Forms of, provided for those who
conscientiously scruple to take
the, formerly allowed, . . . . . . . . . . .. 59
To be of same force and effect as an
oath, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59
False, to be perjury, . . . . . . . . . . . ..59, 201
Penalty therefor, . . . . . . . . . . . . . . . . .. 59
Form of, . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
All manner of crimes, offenses and
causes whatsoever to be heard
upon oath or, . . . . . . . . . . . . . . . . . . .. 200
Form of declaration of ﬁdelity to be
made by Quakers prescribed, 428
Form of, prescribed, . . . . . . . . . . . . . .. 428
Form of declaration to be taken by
Quakers in lieu of the oath of ab-
juration prescribed, . . . . . . . . . . . .. 429
Such declaration or, to have the
same effect as an oath, . . . . . . . . . . 430

Page.
AFFIRMATION.——C0ntinued.
Persons convicted of false declara-
tions or aﬂirmations to suffer as
perjurers, . . . . . . . . . . . . . . . . . . . . . . . 431
Act allowing Quakers to take, not
to be put in force until the King’s
pleasure be known, . . . . . . . . . . . .. 431
Act of Parliament granting forms of,
or declaration to Quakers to be en-
forced, . . . . . . . . . . . . . . . . . . . . . . . . .. 431
ALDERMEN. See Philadelphia, City of.
ALDERMEN 10F PHILADELPHIA.
Not to hold “forty shillings” or “two
weeks” courts, . . . . . . . . . . . . . . . . . .. 64
ALE.
Duties on, imported or retailed regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Penalty for adulteration of, . . . . . . . . 292
Innkeepers, &c., brewing, or beer for
their own use to be bound not to
adulterate, . . . . . . . . . . . . . . . . . . . . . . 293
When courts of quarter-sessions may
discriminate in setting price of,. .. 294
ALEHOUSE. See Innkeeper.
Not to be kept unless licensed, .. . . . 292
Powers of court of quarter-sessions
to regulate sale of liquors and sup-
press disorders in an, . . . . . . . . . . . . 293
ALEHOUSE, KEEPER OF. See Inn-
keeper.
ALIENS.
Naturalized, . . . . . . . . . . . . . . . . . . . . . . . 426
ALLEGIANCE. See Oaths.
AMERCEMENTS. See Fines. '
ANIMALS. See Goats; Swine; Deer;
Wolves; Horses; Cattle.
APPEALS. See Error, Writs of; 06mg-
ram’, Writs of.
From Orphans’ courts regulated, .. 19
To Great Britain regulated, . . . . . 32,303
Appellant to enter security to pros-
ecute, with effect, . . . . . . . . . . . . . 32, 304
Limitation of time for prosecution
of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
Execution to stay upon, . . . . . . . . . . .. 32
Index.
525
Page.
APPEALS—Continued.
From quarter-sessions, common
pleas and other courts to be heard
by supreme court, . . . . . . . . . . . . . .. 66
From assessment of provincial taxes, 86
Commissioners to appoint day for,.. 86
From assessment of county taxes
regulated,
To court of quarter-sessions from
justices of the peace to lie under
internal revenue act, .....233, 286, 413
From summary conviction for petit
larceny, when allowed, . . . . . . . . ..
Security to be entered in, from sum-
mary conviction for petit larceny,
180
I I 0 I I I O O I I I I O O O I 6 I I O O O.
246
246
APPEARANCE. See Practice.
Plaintiffs in certain actions to ﬁle
common, for defendants making
default, 358
Q I I O I u 0 I O I 0 O I 0 I I l Q a I u Q I I u
APPROPRIATIONS.
Of moneys collected under provin-
cial tax act, . . . . . . . . . . . . . . . . . . . . . . 93
ARREST. See Imprisonment of Person;
Imprisonment for Debt.
Administrator under, upon capias,
when to be discharged upon com-
mon bail, . . . . . . . . . . . . . . . . . . . . . .. 75
Civil actions against freeholders not
to be commenced by, . . . . . . . . . . ..
Exception in favor of the King, . . .
Writs of, to abate upon proof that
defendant is a freeholder, . . . . . . . .
Penalty for granting writs of,
against freeholders unless upon
oath or afﬁrmation that:
1. Defendant has not sufﬁcient
real estate to satisfy his debts,
or that:
2. Defendant is about to sell his
estate and depart the prov—
ince, or that:
. Defendant is about to make
fraudulent conveyance of his
estate to elude payment of his
debts or to defraud his cred-
itors.
Justices of the peace empowered and
required to administer such oaths
or aﬁirmations, . . . . . . . . . . . . . . . . ..
358
358
358
w
359
i I l O I O O i I C O O I b I U D I I I I I O.
359
l
Page.
ARREST—Continued.
Penalty for granting or serving
writs of, against members of the
assembly, . . . . . . . . . . . . . . . . . . . . . .. 359
Penalty, how recoverable, . . . . . . . . . . 360
Application of penalty, . . . . . . . . . . .. 360
‘ Discharge of members of the assem-
bly from, not to prevent judgment
and execution, . . . . . . . . . . . . . . . . . .. 360
ARREST OF JUDGMENT.
Practice in motions in, . . . . . . . . . . .. 79
ARSON.
When to be punished with death, . . 204
ASSAULT.
Limitation of actions, . . . . . . . . . . . .. 12
ASSEMBLIES. See Religious Societies.
ASSEMBLY. See General Assembly.
ASSESSMENT. See Taxes, County As-
sessment.
ASSESSORS, COUNTY. See County As-
sessors; Provincial Tax Assessors.
ASSIGNE‘E.
May assign bonds and promissory
notes, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Assignment to be under seal and
witnessed, . . . . . . . . . . . . . . . . . . . . . .. 51
May bring suit in his own name
upon bonds and promissory notes, 52
ASSIGNMENT. See Bonds; Promissory
Notes.
ASSIZE. See Court of Common Pleas.
ASSIZES, PLEAS OlF
To be held by judges of county court
of common pleas, . . . . . . . . . . . . . . ..
306
When members of the assembly ex-
1 empt from, . . . . . . . . . . . . . . . . . . . .. 359
ATTACHMENT. See Domestic Attach-
ment; Arrest.
Commencement of actions by, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .73, 126
May issue against lands, goods and
chattels of persons charged with
or convicted of capital crimes, .. 206
ATTACHMENT EXECUTION. See
Execution.
To issue against estates of certain
absent husbands to recover sums
expended for the support of their
wives and children, . . . . . . . . . . . . .. 157
526 Index.
tested, . . . . . . . . . . . . . . . . . . . . . . . . . .. 175
To be taken by Quakers in lieu of ‘
afﬁrmation upon application for
loan of bills of credit, . . . . . . . . . . .. 386
ATTORN EY-GENE'RAL.
Fees of, regulated, . . . . . . . . . ..100, 370-71
Penalty therefor, . . . . . . . . . . . . . . . . .. 40
Sheriff’s certiﬁcate of election of
county assessors, how to be at-
Drawing defective indictment or in—
formation, to redraw the same
formation to redraw the same
gratis, . . . . . . . . . . . . . . . . . . . . . . . .111, 378

Page. Page.
ATTAINDE'R. ATTORNEYS-AT-LAlW.—-*Oontinued.
Judgment of, to be pronounced upon Table of fees to be constantly ex-
certain criminals not appearing,.. 205 posed to public view in their of-
ﬁces, . . . . . . . . . . . . . . . . . . . . . . . . .111, 379
ATTEST- See Affirmation; Oaths- No fees to be demanded without 21.
Those who scruple to be sworn for bill of particulars, . . . . . . . . . . ..111, 379
conscience’ sake may take pre- Receipt for amount of fees to be
scribed, . . . . . . . . . . . . . . . . . . . . . . . . . . 40 given, . . . . . . . . . . . . . . . . . . . . . . . . .111, 379
Form of, . . . . . . . . . . . . . . . . . . . . . . . . . .. 40 Penalty for neglect, refusal or over-
’l‘o have the same effect as an oath, 40 charging, . . . . . . . . . . . . . . . . . . . . .111, 379
A false afﬁrmation to be perjury, .. 40 Penalty, how recoverable, . . . . . .111, 379
Punishment for third offense,. . . .112, 379
To be assigned as counsel to pris-
oners on trial for capital crimes, . . 201
No fees allowable to, until warrant
of attorney be ﬁled, . . . . . . . . . . . .. 308
Application of penalty, . . . . . . . . . . . . . 379
To take an oath or afﬁrmation before
practicing, . . . . . . . . . . . . . . . . . . . . . . . 379
Form of oath or afﬁrmation, . . . . . . . 379
AUDITA QUERELA, WRIT OF.
Jurisdiction of judges of supreme
gratis, . . . . . . . . . . . . . . . . . . . . . . ..111, 378 court to issue, - - - - - - - - - - - - - - - - - - .- 66
Penalty for refusal or neglect, ..111, 378
Table of fees to be constantly ex- B‘
posed to public view in his oﬂioe, BADGE OF POVE-RTY_
111’ 378 To be worn by paupers, . . . . . . . . . . ..224
No fees to he demanded Without 3' Punishment for neglect, . . . . . . . . ..224-25
bill of particulars, . . . . . . . . . ..111, 379 Penalty for an overseer of the poor
Receipt for amount at fees to be relieving pauper not wearing, . .. 225
given, . . . . . . . . . . . . . . . . . . . . . . . .111, 379
Penalty for neglect. refusal or over- BAII‘L-
charging, . . . . . . . . . . . . . . . . . . . ..111, 379 Power of judges of courts of quarter-
Penalty, ‘how recoverable, . . . . . ..111,379 sessions to let to, . . . . . . . . . . . . . .. 34
Application of penalty, . . . . . . . ..111,379 To be given by defendant arrested
Punishment for third offense,...112,379 on capias, . . . . . . . . . . . . . . . . . . . . . . .. 73
I Provisions as to entry of, notice to
ATT‘ORNEYS'AT‘LAW- See Oaths‘ plaintiff, &c., .................. .. 74
Jurisdiction of courts over admission May be taken (16 bene 8886 if plain-
of, and "misbehavior by the 191191‘, tiff fails to attend, . . . . . . . . . . . .. 74
72, 303 Plaintiff may afterwards except to,. 74
Powers and duties of, deﬁned, ...72, 308 Judges to examine and decide, _ _ ' __ 74
No further license to practice r'e- Until, he entered defendant to be
quired. . - - - - - - - ~ - . - - - - - - - - - . - - . . .- 72 committed, .................... .. 74
Negligent, to 1086 fees and not '60 Sureties may deliver defendant to
be permitted to speak in the cause, 72 sheriff, . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Commencement of actions by, . . . . .. 73 Bond thereby discharged, . . . . . . . .. 75
Praecipes for writs to be drawn by, 74 Penalty ‘for refusal of sheriff to
Fees of, regulated, . . . . . . . . . ..107, 376-77 safely keep such defendant, . . . . .. 75
Drawing defective indictment or in- Penalty, how recoverable, . . . . . . . .. 75
Freeholder to be discharged upon
common,
Index. 527

Page. _ Page.
BAIL.—~Continued. BALK‘E'RS. See Bread; Biscuit.
Exception, . . . . . . . . . . . . . . . . . . . . . . . . . 75 To provide a brand-mark, . . . . . . . . .. 288
Executor or administrator to be dis- To record brand-mark in court of
charged upon common, . . . . . . . . . . . 75 quarter-sessions, . . . . . . . . . . . . . . .. 288
Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 75 Fee to be paid by, for recording
Upon failure of defendant to enter, brand-mark regulated, . . . . . . . . . .. 288
plaintiff may call upon sheriff for To brand every cask made (for trans-
a return, . . . . . . . . . . . . . . . . . . . . . . .. 75 portation, . . . . . . . . . . . . . . . . . . . . . . .. 288
Penalty for sheriff’s failing to make Penalty for violation, . . . . . . . . . . . .. 288
return or other breach of duty, .. 76 BAR, PLEA IN’ 1
Bond to be assigned by sheriff at _
. . Given defendants where tender of
request Pf plaintiff’ who may bills of credit has been refused, 330, 394
bring action thereupon, . . . . . . . .. 76
Duty of court as to, where action is BASTARDS, See Homicide
brought, . . . . . . . . . . . . . . . . . . . . . . . . . 76
When, bonds may be put in suit, . . . 76 BATTEB’Y'.
The process ,upon’ Shall be ,1 Sum_ Limitation of action of, . . . . . . . . . .. 12
1110118, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 BEEF. See Cask.
‘Certain actions upon, declared dis- Size of cask for exportation of’ regw
continued, . . . . . . . . . . . . . . . . . . . . . .. 76 lated, _ _ _ _ _ _ _ _ ' _ _ _ _ _ . _ _ _ . ' _ . _ _ _ _ H 24
Defendants may plead to the Orig‘ {Penalty ‘for violation, . . . . . . . . . . . . .. 24
inal action without paying costs, 76
No fees allowed in proceedings BEE’R- See Cask-
upon, .......................... .. 76 Size of cask for exportation of, regua “
Bonds not avoided by this act’ _ _ _ 77 lated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
' Defendants may enter appearance Penalty for violation, . . . . . . . . . . . . .. 24
and give, bond, ............... .. 77 Duties 0n, imported or retailed
In default thereof, bonds ,to be put regulated, . . . . . . . . . . . . . . . . . . . . . . .. 27
in Suit forthwith’ _ _ _ _ _ _ _ _ _ _ _ _ . o U 77 Penalty for adiulteration of, . . . . . .. 292
certain, entered in the eourt of Innkeeper, &c., brewing, or ale for
Chester county made binding, .. .. 126 their Own use to be bound not to
Qﬁenders convicted of unlawfully adulterate, . . . . . . . . . . . . . . . . . . . . . .. 293
making, selling ‘or Setting Off ﬁre_ When courts of quarter-sessions may
works or ﬁring guns or other ﬁre_ discriminate in setting prices
arms in Philadelphia and refusing upon, . . . . . . . . . . . . . . . . . . . . . . . . . .. 294
to.pay ﬁne Ito be committed to BENEFIT OFCLERGY
prison without, or mainprise, .. . 254 How lost by prisoners Standing
For want of distress, oﬁenders guilty mute 01' Challenging above twenty
of unlawful use of ﬁrearms to be jurors, . . . . . . . . . . . . . . . . . . . . . . . . . .. 201
imprisoned without, or mainprise, 256 Principals and accessaries in may-
Masters and mariners concealing the hem’ cutting and maiming t0 Suf-
exportation 0f leather 0r raw- ‘fel' death Without, . . . . . . . . . . - . . .. hides may be imprisoned without, 259 Burglary with ‘felonious intent ‘to be
Defendants asking a special court pmiﬁshed with death without’ 203
to give, to ‘the action, ......... .. 307 Recelvers "f Swen goods and mar‘
Persons convicted of furnishing Egregstgf 138101.18 t? have the heme’
liquors to or unlawfully trading H 0 ' 6 act 1? hen of’ ’ ' ' ' ‘ ' ' ' " 204
. , _ ow felons entitled to, may have
with the Indians, and having no beneﬁt of the a t
goods and chattels, to be impris- wom f1 of ‘. ' ' ' ' ' ' ' ‘ ‘ ' ' ‘ °' 207
oned without, . . . . . . . . . . . . . . . . . . .. 312 en e-Ons clalmmg’ to have
_ same punishment as 'men, . . , . , _ __ 208
Not to be dlscharge‘d 01' affected by ‘No one to twice have the, or of the
stay of execution in certain cases, 345 act, ............................ .. 208
5 2 8 Index.
Page. Page.
BILLS 0F CREDIT—‘Continued.
Appropriation of, to pay certain
REQUESTS. See Religious Societies.
BILLS OF CREDIT. See Loan ‘Office,
of, . . . . . . . . . . . . . . . . . . . . . . . . . . ..326, 394
Loans of, by trustees of general loan
oﬂice regulate, ..326-29, 335, 394-96, 399
Loans of, to be secured by mort-
gage to trustees of general loan
oﬂ‘ice, . . . . . . . . . . . . . . . . . . . . . . . . .326, 396
How mortgages taken to secure loans
of, to be executed, acknowledged
and recorded, . . . . . . . . . . . . ..326, 396-97
Certiﬁed copies of such mortgages
to be evidence, . . . . . . . . . . . . . ..327, 397
Such mortgages ‘to be recorded by
trustees of general loan ofﬁce, 327, 397
Repayment of loans of, regulated,
327-28, 399, 404-5
Applicant for loans of, to take oath
or aﬂ‘lrmation that ‘he owns the
lands, &c., offered as security, free
of all trusts and incumbrances, ex-
cepting certain rents, . . . . ..323-29, 395
Certain, to continue current for
eight years, . . . . . . . . . . . . . . . . . . . . .. 329
Certain, made a legal tender, ...329, 394
Rights of holders of, after expiration
of eight years protected, . . . . . . .. 330
Persons refusing, when tendered to
lose their debts and be barred
from bringing actions for the
same, . . . . . . . . . . . . . . . . . . . . . . . . .330, 394
Penalty for attempting to impair
the credit of, . . . . . . . . . . ..330—31,405—6
Penalty, how recoverable, ....331,405-6
Application of penalty, . . . . . . ..331, 405-6
Punishment for counterfeiting or ut-
tering counterfeit. . . . . . . . . . . . .331, 406
How, to be sunk and destroyed, 332, 403—5
Interest upon, to be disbursed by
order of the assembly, . . . . ..332, 405

' . . . . . . . . . . . . . . . . . .“33, 401
General; Trustees of General Loan Of- pub_hc debts’ , a
Certain taxes and duties set apart
ﬁce; Currency. . .
. for sinking such, . . . . . . . . . ..333, 401-2
To be issued, . . . . . . . . . . . . . . . . . ..324, 339
. How such, are to be sunk and de-
Form of, prescribed, . . . . . . . . . . ..325, 390
- . stroyed, . . . . . . . . . . . . . . . . . . . . . . . .. 333
Signers of, appointed, . . . . . . . . ..325,390 . . .
. Appropriation of, for public works
Signers of, to take an oath or afﬁr- . . . .,
. in Philadelphia county, . . . . . ..334, 40..
n n u l a a n o I l a I 0 a a 0 e 1 I n n 0 o l '
. . Appropriation of, for public works
Compensation of signers of, regu- in ‘Bucks County 334 403
lated, . . . . . . . . . . . . . . . . . . . . . . . ..325, 391 _ _ ’ ' ' ' ' ' ' ’
When signed, to be delivered to trus- Allpl'opl'latlon of, for public works
tees of general loan ofﬁce, “£25,390 in Chester county, . . . . . . . . . . ..334, 402
Trustees of general loan oﬁice au- How appropma‘tions of’ are to be ap'
Q u I I 0 n I n b a o O I I l Q 0 0 I I l a
Tax to be levied to sink such, 334, 401-403
How such, to be sunk and destroyed,
334-35
May be loaned upon plate as se-
curity, . . . . . . . . . . . . . . . . . . . . . . . .335, 401
Such loans of, regulated, . . . . . ..335, 401
Such plate to be sold for non-pay-
ment of loans, . . . . . . . . . . . . . ..335, 401
Overplus if any to be returned to
owner, . . . . . . . . . . . . . . . . . . . . . . . .335, 401
Upon default, mortgages ‘taken as
security for loans of, to be fore-
closed, . . . . . . . . . . . . . . . . . . . . . . . . . .. 336
Proceedings upon such foreclosures
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 336
Execution upon and sale of land in
such proceedings regulated, ..336,400
Notice of such sale, lhOW to be given, 337
‘Overplus if ‘any to be returned to the
debtor, . . . . . . . . . . . . . . . . . . . . . . . .337, 400
No further estate to vest in vendees
than that mortgaged, . . . . . ..337, 400—1
Actions to be brought against bor-
rowers of, who mortgage land
found not ‘to be held by them, 337
Borrowers ‘of, may repay their loans
at any time and have security re-
leased, . . . . . . . . . . . . . . . . . . . . . . . .338, 404
Treasurers’ receipts for, to be good
discharges to trustees of general
loan ofﬁce, . . . . . . . . . . . . . . . . . . . . . .. 361
May be loaned on lands subject to
certain rents, . . . . . . . . . . . . . . . . . .. 386
Trustees of general loan ofﬁce to as-
certain value of such lands over
rents, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 386
Not rto be loaned in excess of one-
third of value of land over rents, 386
Index.
529
Page.
BILLS OF CREDIT.—Continued.
euakers applying for loans of, may
declare instead of afﬁrm, . . . . . . .. 386
Upon default of payment of loans
of, trustees of general loan ofﬁce to
prosecute such actions as they
think ﬁt, . . . . . . . . . . . . . . . . . . . . . . .. 387
Assemblymen’s wages to be paid out
of ‘certain, in hands of treasurers
of Bucks and Chester counties, 387-88
To be printed by trustees of general
loan ofﬁce,
'Signers of, to charge trustees of gen-
eral loan ofﬁce with, delivered to
them and keep an account there-
of,
Unsigned counterparts of, to be de-
livered to trustees of general loan
390
Q a 0 0 I I l a i Q I I Q 0 0 I o n l I O.
391
I I 0 I Q 0 I I n O O I 0 Q Q a o c Q u l Q o I u l I 0 I o
oiﬁce, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 393
May be paid into court in satisfac-
tion of moneys due on bonds, &c.,. 394
Proceedings upon default of payment
of loans of, regulated, . . . . . . . . ..
Certain, to be delivered ‘to provincial
treasurer for payment of debts,..
Appropriation of, for public works
400
401
in Philadelphia city, . . . . . . . . . . . .. 402
Prosecutors of insolvent counter-
feiters, &c., of, to be rewarded, 406
Counterfeit, to be delivered to and
preserved by trustees of general
loan oﬁice, . . . . . . . . . . . . . . . . . . . . . ..
Acts regulating the issue of, to be
allowed in all courts without being
specially pleaded, . . . . . . . . . . . . . . ..
407
407
BISCUIT. ‘See Cask; Bakers.
Every cask of, for transportation to
bear brand-mark of baker, . . . . . .. 288
Inspector of, appointed, . . . . . . . . . . .. 289
Inspection of, regulated, . . . . . . . ..289-90
Duration of act regulating the in-
spection of, . . . . . . . . . . . . . . . . . . . . .. 291
Penalty for violation, . . . . . . . . . . . . .. 291
Penalty, how recoverable, . . . . . . . . .. 291
Application of penalty, . . . . . . . . . . .. 291
BODY OF DEFENDANT. See Execu-
tion.
BOL'IYELRS.
To provide a brand-mark, . . . . . . . .. 288
To record brand-mark in court of
quarter-sessions, . . . . . . . . . . . . . . .. 288

Page.
BO'LTEBS—Continued.
Fees for recording brand-mark regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 288
To brand every cask of ﬂour made
for transportation, . . . . . . . . . . . . . .. 288
Penalty for violation, . . . . . . . . . . . . .. 288
Penalty imposed upon, for grinding
unsound wheat for exportation, .. 380
Penalty, how recoverable, . . . . . ..380-81
Application of penalty, . . . . . . . . ..380~81
BONDS. See Court, Orphans’; Register-
General; Administrators; Executors;
Trustees; Guardian and Ward.
May be assigned by payees or by
their executors and assigns, 51
Costs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Assignments to be under seal and
witnessed, . . . . . . . . . . . . . . . . . . . . . .. 52
Assignees may sue in their own
names and have execution, . . . . . .. 52
Power to issue, ‘not enlarged by the
act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
After assignment, assignors ‘to have
no power to release any sums due, 52
Practice in actions upon, . . . . . . . . . .. 79
To be given with mortgages upon
loans of bills of credit, . . . . . . . .. 397
BOOTS AND SHOES.
Manufacture of, regulated, . . . . .. 259-60
Prices of, regulated, . . . . . . . . . . . . . .. 260
Penalty for unlawfully making or
overcharging for, . . . . . . . . . . . . . . .. 260
Sealers and searchers to inspect
leather, slippers, saddles and, .. .. 261
Made contrary to law to be seized,
tried, forfeited and sold, . . . . . . . .. 261
Forfeited, &c., not to be bought to
sell again under penalty of three
times their value, . . . . . . . . . . . . .. 261
And slippers. &c., made of leather
in the province may be exported, 262~63
BOUNDARIES.
Circular line between the counties of
Chester and Newcastle conﬁrmed,
BOUNTY. See Hemp.
Upon hemp regulated, . . . . . . . . . . ..31
Oath to be taken by parties claim-
ing, upon hemp, . . . . . . . . . . . . . ..31
Fees upon hemp entitled to, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
44
4-15
4-15
5 30 Index.
Page.
BOUNTY—‘Continued.
Collector of the port to pay, upon
‘hemp after receiving and viewing
it, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 315
To be paid upon spirits distilled and
exported, . . . . . . . . . . . . . . . . . . . . . . .. 415
BRANDINIG FOR FE'LO'NIY.
How regulated. . . . . . . . . . . . . . . . . .. 207-8
BRANDY. See Liquors; Internal Reve*
nue; Tariff.
BREAD. See Inspectors of Flour and
Bread; Cask.
Penalty for fraud in packing ﬂour
or, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
Penalty "for fraudulent invoice of, .. 289
Inspector of, appointed, . . . . . . . . . . . . 289
Inspection of, regulated, . . . . . . . . . .289-90
The shipment of defective, forbidden
under penalty of forfeiture, . . . . .. 289
Penalty, how recoverable, . . . . . . . . .. 291
Application of penalty, . . . . . . . . . , .. 291
Duration of act regulating inspec-
tion of, . . . . . . . . . . . . . . . . . . . . . . . . .. 291
BREAKING PIRIS ON.
Not to carry other judgment than
cause of imprisonment required, .. 206
BREAMlNlG.
Penalty for, ships, &c., with blazing
ﬁre in Philadelphia, . . . . . . . . . . . .. 252
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 252
Penalty, how recoverable, . . . . . . . . .. 252
Application of penalty, . . . . . . . . . . . ,. 252
BREWERS.
Not to adulterate ale or beer, . . . . .. 292
Not to take into brew'houses any
molasses, &c., . . . . . . . . . . . . . . . . . .. 292
Penalty ‘for violation, . . . . . . . . . . . . .. 292
To enter security in court of quarter-
sessions, . . . . . . . . . . . . . . . . . . . . . . . .. 293
Fees to be paid by, upon entry of
security, . . . . . . . . . . . . . . . . . . . . . . . .. 294
Certain laws of Great Britain to be
enforced against, for forestalling, 294.-
Before being licensed to take oath or
aﬂirmation not to adulterate ale
or beer, . . . . . . . . . . . . . . . . . . . . . . . . .. 382
Form of oath to be ‘taken by, . . . . .. 382

Page.
BREWERS.—~Continued.
Oaths of, to be administered and re-
corded in court of quarter-ses—
sions, . . . . . . . . . . . . . . . . . . . . . . . . . .. 383
BRISTOL, TOWN OF.
Ferry to Burlington continued, 197
Penalty for setting chimneys on ﬁre
in, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 253
How recoverable, . . . . . . . . . . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . . . 253
Former penalty for setting chimneys
on ﬁre in, repealed, . . . . . . . . . . . . .. 253
Trustees of general loan ofﬁce ‘to sit
at, as occasion may require, ...H 328
BUCKS COUNTY. See Houses of
Correction; County Commissioners;
Taxes; Makeﬁeld Township; Solebury;
Bristol.
County com-missioners appointed, .. 6
To enforce .the collection of arrears
of provincial taxes, . . . . . . . . . . . .. 6,7
Place of meeting ﬁxed, . . . . . . . . . . . .. 6
Courts of common pleas in,. . . . , . . . . 22
Time of sitting of courts of quarter-
sessions in, regulated, . . . . . . . . . .. 22
When intermediate sessions shall be
held in, . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Powers of judges at such session, .. 23
Courts of quarter-sessions, when to
be held in, . . . . . . . . . . . . . . . . . . . . . .. 33
Oiﬁce for recording of deeds estab-
lished in, . . . . . . . . . . . . . . . . . . . . . . .. 53
Prothonotary of, appointed recorder
of deeds, . . . . . . . . . . . . . . . . . . . . . . . .. 56
Recorder may be removed and an-
other ‘appointed. by the court of
quarter-sessions, . . . . . . . . . . . . . . . . 56
Reconder to give bond, . . . . . . . . . . .. 56
Penalty for acting before giving
bond, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Fees of recorder of deeds in, regu—
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
Penalty for taking greater fees than
prescribed, . . . . . . . . . . . . . . . . . . . . . . . 57
Causes to be removed from quarter-
sessions and common pleas of, to
supreme court, . . . . . . . . . . . . . . . . .. 66
Commissioners appointed in, to en-
force ‘collection of provincial taxes, 84
Time of enforcing collection of pro-
vincial taxes in, enlarged, . . . . . .. 123
Index.
53I

Page.
BURGLARY.
Deﬁned, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 203
Committed with felonious intent to
be punished with death, . . . . . . . .. 204
Importers of servants who have
been convicted of, to pay a duty
and enter security for good be-
havior for one year, . . . . . . . . . . . .. 264
BURLINGTON.
Ferry to Bristol continued, . . . . . . .. 197
BURYIN‘G GROUNDS.
Lands for, may be purchased by re-
ligious societies, . . . . . . . . . . . . . . . .. 38
BUTCHERS. See Leather.
Penalty for injuring hides of cattle
slain ‘by them, . . . . . . . . . . . . . . . . . . . 263
How recoverable, . . . . . . . . . . . . . . . . .. 263
Application of penalty, . . . . . . . . . . . .. 263
Certain laws of Great Britain to be
enforced against, for forestalling, 294
C.
Page.
BUCKS COUNTY.——Continued.
Powers and duties of commissioners
and other ofﬁcers in collecting
provincial taxes in, revived‘ and
enlarged, . . . . . . . . . . . . . . . . . . . . . . .. 123
Where house of correction or work-
house to be built in, . . . . . . . . . . . .. 169
Limitation upon sums of money to
be raised by, for the support of the
house of correction, . . . . . . . . . . . .. 170
Freemen of, to elect county assessors, 175
Commissioners appointed for, . . . . . 180
Erection and maintenance of pounds
in, regulated, . . . . . . . . . . . . . . . .240, 243
Sealers and searchers‘of leather to
be appointed and qualiﬁed by the
court of quarter-sessions of, under
a penalty, . . . . . . . ._ . . . . . . . . . . . . . . .. 260
Number of commissioners of, re-
duced, . . . . . . . . . . . . . . . . . . . . . . . . . .. 295
Election of commissioners in, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 296
Powers of commissioners in, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . .. 297
When court of general quarter-ses—
sions and gaol delivery to be held
for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 299
How justices to be appointed for
such court, . . . . . . . . . . . . . . . . . . . . .. 299
Three justices to hold such court
for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 299
How long court of quarter-sessions
to be held in, . . . . . . . . . . . . . . . . . .. 300
All capital crimes to be tried by the
supreme court and juries of, 305
Where county court of common pleas
to be held for, . . . . . . . . . . . . . . . . . .. 305
Certain bills of credit appropriated
to completion of public works in, 334
Tax levied to sink such bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . . . .. 334
Treasurer of, to pay assemblynien’s
wages out of certain bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . . . .387—88
Certain bills of Cliediit appropriated
to completion of public works in, 403
Tax levied to sink such bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . . . .. 403
BUGGERY.
Punishment for, . . . . . . . . . . . . . . . . . .. 202
BUILDINGS. See Party Walls.
In Philadelphia, regulation of, .244, 246
34--II
CAPIAS AD 'RES'PONDENDUM, WRIT
OF. See Arrest.
Commencement of actions by, regu—
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .73, 126
Practice as to bail-bonds in arrest
upon, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 74
Freeholder arrested upon, to be dis-
charged upon common bail, . . . . . . 75
Executors arrested upon, to be dis-
charged upon common bail, . . . . .. 75
Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 75
Writs of, to issue against certain
criminals who will not appear to
answer the indict-ments against
them, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 205
CAPIAS AD SATISFACI-ENDUM, ‘WRIT
OF. See Execution.
When to issue, . . . . . . . . . . . . . . . . . . . .. 80
CAPITAL PUNISHMENT. See Crimes.
Prisoner on trial for capital crime
who shall stand mute or challenge
above twenty jurors to suffer as a
felon convict without beneﬁt of
clergy, . . . . . . . . . . . . . . . . . . . . . . . . . .. 201
All persons convicted of sodomy,
"buggery, rape or [highway robbery
and their accessaries to suffer as
felons according to the laws of
Great Britain, . . . . . . . . . . . . . . . . . .. 202
5 3 2 Index
Page.
CAPITAL PUNlsHMENTr—Continueti
Any woman convicted of killing or
concealing the death of a bastard
child, and her advisers if she kill
it, to suffer death, . . . . . . . . . . . . . . .. 202
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 202
Statute of James I to take away
beneﬁt of clergy for some kinds of
manslaughter to be put in lforce, 203
Persons convicted of mayhem, cut-
ting, maiming or disﬁguring and
their accessaries to ‘suffer death
without beneﬁt of clergy, . . . . . . .. 203
Statute of James I against witch-
craft to be put in force, . . . . . . . .. 203
Persons convicted of ‘burglary com-
mitted with felonious intent to
suffer death without beneﬁt of
clergy, . . . . . . . . . . . . . . . . . . . . . . . . . .. 204
Certain kinds of arson .to be pun—
ished with death, . . . . . . . . . . . . . . .. 204
Not ‘to be inﬂicted upon receivers of
stolen goods or 'harborers of felons
who pray the beneﬁt of the act in
lieu of clergy, . . . . . . . . . . . . . . . . . .. 204
Persons breaking prison not to have
judgment of life or limb unless
cause of imprisonment required
such judgment, . . . . . . . . . . . . . . . . .. 206
How and upon what conditions per-
sons convicted of capital crimes
and entitled to the beneﬁt of clergy
shall obtain the beneﬁt of the act, 207
Women felons claiming beneﬁt of
clergy to have same punishment as
men, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 208
No one ‘to twice have “beneﬁt of
clergy or of the act, . . . . . . . . . . . .. 208
Judges of gaol delivery empowered
to give judgment of death when
prisoner is not sentenced by trial
judge, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 208
CARTS. l
Penalty for drawing. unlawfully in
Philadelphia, . . . . . . . . . . . . . . . . . . .. 223
CASE.
Limitation of actions, . . . . . . . . . . 12
CASK.
For beef, pork, beer or cider, size of,
regulated, . . . . . . . . . . . . . . . . . . . . . . . .23-4
Penalty for violation, . . . . . . . . . . . .. 24

Page.
CASK.-Continued.
For ﬂour or biscuit for transporta-
tion to bear brand-mark of bolter
or baker, . . . . . . . . For wheat ﬂour, to be made of sea-
soned timber, . . . . . . . . . . . . . . . . . . . . 288
Penalty for selling any, 'for liquids
before it is gauged and marked, . 321
Penalty for selling any, of liquids
containing less than the quantity
marked thereon, . . . . . . . . . . . . . . . .. 321
Gauger of, appointed, . . . . . . . . . . . . .. 322
Duties of gauger of, regulated, 322
Penalty for overmarking contents
of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 322
Penalty, how recoverable, . . . . . . . . .. 322
Application of penalty, . . . . . . . . . . . .. 322
CATTLE. See Pounds; Estrays; Leather;
Butchers.
CElRTIO'RA'RI, WRIT OF.
To be issued by judges of the su—
preme court, . . . . . . . . . . . . . . . .. 66,302
For removing indictments or pre—
sentments into the supreme court,
how granted, . . . . . . . . . . . . . . . . . . . . . 82
Recognizance to be ﬁrst entered and
conditions thereof. . . . . . . . . . . . . . .. 82
Upon conviction, prosecutor entitled
to costs and an attachment against
defendant, . . . . . . . . . . . . . . . . . . . . . .. 82
Not to issue to stay proceedings
under provincial tax act, . . . . . . . .. 92
Certain proceedings against county
collectors not to be stayed by, . . . . 187
CHAIN CARRIERS. See Surveyors of
Land.
Fees of, regulated, . . . . . . . . . . . . . . . .. 378
CHALLENGES.
Lawful, to be allowed prisoners in
trials of capital crimes, . . . . . . . . . . 201
How prisoners challenging over
twenty jurors to lose beneﬁt of
clergy, . . . . . . . . . . . . . . . . . . . . . . . . . .. 201
CHARITABLE USES.
Gifts to the poor of religious societies
or to any meeting or congregation
of said societies regulated, . . . . . .. 38
CHASTIT’Y. See
Rape; Sodomy.
Bestiality; Incest;
Index.
533
CHATTELS. See Goods and Chatfels.
CHESTER COUNTY. See Houses of
Correction; Taxes; County Commis-
sioners.
County commissioners appointed,. .6, 180
To enforce the collection of arrears
of provincial taxes, . . . . . . . ..6, 7, 84-87
Place of meeting ﬁxed, . . . . . . . . . . . .. 6
Courts of common pleas in, . . . . . .22, 305
When intermediate sessions shall be
held in, . . . . . . . . . . . . . . . . . . . . . . . . .. 22
Powers of judges at such sessions,. . 23
Courts of quarter-sessions, when to
be held in, . . . . . . . . . . . . . . . . . ..33, 299
Circular boundary line between
Newcastle county and, conﬁrmed, 44
Oiﬁce for recording of deeds estab-
lished in, . . . . . . . . . . . . . . . . . . . . . . .. 53
Prothonotary of, appointed recorder
of deeds, . . . . . . . . . . . . . . . . . . . . . . . .. 56
May be removed and another ap-
pointed by the court of quarter-
sessions, . . . . . . . . . . . . . . . . . . . . . . . .. 56
Shall give bond, . . . . . . . . . . . . . . . . . . .. 56
Penalty for acting before giving
bond, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
Fees of regulated, . . . . . . . . . . . . . . . .. 57
Penalty for taking greater fees than
prescribed, . . . . . . . . . . . . . . . . . . . . . .. 57
Causes to be removed from quarter-
sessions and common pleas of, to
supreme court, . . . . . . . ..l . . . . . . . .. 66
Certain proceedings in the courts of
common pleas and quarter-ses-
sions of, revived and continued, .. 126
‘Where house of correction or work-
house 'to be built in, . . . . . . . . . . . . .. 169
Limitation upon sums of money to
be raised by, for the support of
the house of correction, . . . . . . . . .. 170
Freemen of, to elect county asses-
sors, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 175
Erection and maintenance of pounds
in, regulated, . . . . . . . . . . . . . . . ..240, 243
Sealers and searchers of leather to
be appointed and qualiﬁed by the
court of quarter-sessions of, under
a penalty, . . . . . . . . . . . . . . . . . . . . . .. 260
Number of commissioners of, re-
duced, . . . . . . . . . . . . . . . . . . . . . . . . . .. 295
Election of commissioners in, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .295-97

Page.
CHESTER COUNTY.—-Continued.
Powers of commissioners in, regu—
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .296-97
How justices to be appointed for
court of general quarter-sessions
and gaol delivery to be held for, .. 299
Three justices to hold such court for, 299
Time of sitting limited, . . . . . . . . . .. 300
Judges of the supreme court to go
into, to try issues of fact joined in
that court, . . . . . . . . . . . . . . . . . . . . . .. 302
All capital crimes to be tried by the
supreme court and juries of, 305
Certain bills of credit appropriated to
completion of public works in, 334. 402.
Tax levied to sink such bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . .334, 403
Treasurer of, to pay assemblymen’s
wages out of certain bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . .. 387-88
Trustees appointed to sell old court-
house and prison in, . . . . . . . . . . .. 421
Net proceeds of sale to be paid to
the treasurer of, . . . . . . . . . . . . . . . . . . 421
CHESTER, TOWN OF.
Penalty for setting chimneys on ﬁre
in, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 253
How recoverable, . . . . . . . . . . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . .. 253
Former penalty for setting chimneys
on ﬁre in, repealed, . . . . . . . . . . . . .. 253
Trustees of general loan ofﬁce to sit
at, as occasion may require, . . . . .. 328
CHICHESTER, TOWN OF.
Penalty for setting chimneys on ﬁre
in, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 253
How recoverable, . . . . . . . . . . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . .. 253
CHIMNEYS. See Fire.
Penalty for setting, on ﬁre in certain
towns, . . . . . . . . . . . . . . . . . . . . . . . . . .. 253
,How recoverable, . . . . . . . . . . . . . . . . .. 253
Application of penalty, . . . . . . . .. 253
Former penalty for setting, on ﬁre
repealed. . . . . . . . . . . . . . . . . . . . . . . . .. 253
CHURCHES. See Lands; Religious So-
cieties.
CIDER. See Casks; Tariff; Liquors.
Size of cask for exportation of, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
534 Index.
Page.
CIDER—Continued.
Penalty for violation, . . . . . . . . . . . . .. 24
Duties on, imported or retailed regu~
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 27
Certain duties on, continued, . . . . . .. 238
Duties ‘upon, imported set apart to
sink certain bills of credit, . . . . .. 333
Duty upon, imported repealed, .. . .. 416
Proviso, . . . . . . . . . . . . . . . . . . . . . . . . . .416—17
CIRCULAR LINE. See Boundaries.
CITY OF PHILADEIJPHIA. See Phila-
delphia, City of.
CITY TAXES. See Taxes, City.
CLERK OF COURT OF COMMON
PLEAS. See Prothonotary of Court of
Common Pleas.
CLERK OF COURT OF QUARTER-
SESSIONS. '
Fees of, regulated, . . . . . . . . . . . ..103, 373
Penalty ‘for drawing a defective in—
dictment or information, . . . . ..111, 379
To publish tables of his fees. ..111 379
Penalty for neglect, . . . . . . . . . . . ..111, 379
Penalty for taking excessive fees, 111, 379
Penalty for refusing to give a bill
of particulars or a receipt if de-
manded, . . . . . . . . . . . . . . . . . . . . . .111, 379
Penalties, how recoverable, .....111,379
Application of penalties, . . . . . . . . .111, 379
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . . .112, 379
To yearly estreat ﬁnes and amerce-
ments into the supreme court, . . .. 300
CLERK 'OF SUPREME COURT. See
Prothonotary; IProthonotary of Sn-
preme Court.
CLERK OF THE COUNCIL.
Fees of, regulated, . . . . . . . .. ..99, 370
Table of fees to be constantly ex-
posed to public view in his 013- '
ﬁce, . . . . . . . . . . . . . . . . . . . . . . . . . .111, 378
Penalty for neglect, . . . . . . . . . . . .111, 379
Penalty for taking greater fees than
prescribed, . . . . . . . . . . . . . . . . . . .111, 379
Penalty for refusing to give a bill
of particulars or a receipt if de-
manded, . . . . . . . . . . . . . . . . . . . . ..111, 379
Penalties, how recoverable, .....111, 379
Application of penalties, . . . . . . ..111, 379

Page.
CLERK OF THE COUNCIL.—-Continued.
. Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . ..112,379
CLERKS OF THE PEACE. See County
Clerks.
To report schedule of ﬁnes to the
sheriff yearly, . . . . . . . . . . . . . . . . . .. 46
,Penalty for failure, how recover—
able, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
COIN.
Value of certain gold, regulated,.... 361
COLLECTOR.
Masters of vessels importing negroes
to report to, . . . . . . . . . . . . . . . . . . . .. 118
To grant permit to land negroes, 118
Compensation of, . . . . . . . . . . . . . . . . .. 118
Duties and powers of, . . . . . . . . ..118, 120
Of impost duties on negroes ap-
pointed, . . . . . . . . . . . . . . . . . . . . . . . . .. 120
To be sworn and to enter security,.. 120
Substitute to be appointed by pro—
vincial treasurer in case of death
or removal, . . . . . . . . . . . . . . . . . . . . .. 121
COLLECTOR OF ARRE'ARS OF PRO-
VINCI'AL TAXES.
How appointed, . . . . . . . . . . . . . . . . . . .. 7
To make distress and sale of goods
and chattels of delinquent tax-
payers, . . . . . . . . . . . . . . . . . . . . . . . . .. 6, 7
Penalty for neglect or refusal to act, 7
Liability of, for failure to pay over
moneys collected, &c., . . . . . . . . . .. 9
Compensation of, . . . . . . . . . . . . . . . . .. 10
COLLECTOR OF C‘OI'NTY TAXES.
To be appointed by county assessors, 181
To receive duplicate of assessment
of county taxes, . . . . . . . . . . . . . . . . . . 181
Duties of, . . . . . . . . . . . . . . . . . .. 181,183—84
To account and pay over collections
to county treasurer, . . . . . . . . . . . . .. 183
Empowered to levy on goods and
chattels of defaulting taxpayen. . . . 183
County treasurer’s receipt to be a
discharge to, . . . . . . . . . . . . . . . . . . .. 183
Penalty for neglect or refusal of, to
pay over collections, . . . . . . . . . . .. 185
Bodies and estates of, subject to an-
swer for default in payment of
sums collected, . . . . . . . . . . . . . . . . .. 185
Index.
535
P388-
COLLECTOR OF COUNTY TAXES.—
Continued.
Certain conveyances by, defaulting
declared fraudulent, . . . . . . . . . . . . .
To pay compensation of and allow-
ances by county commissioners,..
To pay county assessors, . . . . . . . . . ..
Compensation of, . . . . . . . . . . . . . . . . ..
COLLECTOR OF CUSTOMS. See Col—
lector of Provincial Duties.
COLLECTOR OF DUTY ON IMPORTED
SERVANTS.
To enter accounts of servants im-
ported, . . . . . . . . . . . . . . . . . . . . . . . . . ..
To give notice to two jus.ices o. the
peace of servants imported, . . . . . ..
Fees of, for bonds to export im-
ported servants regulated, . . . . . . ..
Appointed, . . . . . . . . . . . . . . . . . . . . . . . ..
Empowered to collect all forfeitures
and penalties for unlawfully im-
porting servants, . . . . . . . . . . . . . . ..
To pay proceeds of such forfeitures
and penalties and all duties col-
lected less ten per cent for his
services to the provincial treas-
urer,
Substitute to be appointed by pro—
vincial treasurer in case of death
or removal, . . . . . . . . . . . . . . . . . . . . ..
l u I Q I Q I I I I I I I I u O O I O I O Q I I I I O OI
COLLECTOR OF EXCISE.
Powers and duties of, on liquors sold
at retail, . . . . . . . . . . . . . . . . . . . . ..27,
Powers and duties of, on liquors and
hops imported,
u n a a c o ~ o o a o o c Q o u n 4
Appointed, . . . . . . . . . . . . . . . . . . . .. 27,
To give security, . . . . . . . . . . . . . . ..29.
Compensation of, . . . . . . . . . . . . . . . .29,
When to recover treble costs in suits
upon acts done in collecting
185
187
187
188
265
265
267
267
267
267
267
141
27
143
143
1 43
duties on liquors and hops,....29, 143
To appoint ofﬁcers and collectors
under him, . . . . . . . . . . . . . . . . . . ..29,
For whom he shall be answerable, 29.
In case of refusal or misbehavior of,
the provincial treasurer to appoint
a substitute with like powers, .29,
Duties of constables in connection
with the collection of duties on
liquors and hops, . . . . . . . . . . . . . . . . .
143
143
143
29
Page .
COLLECTOR OF EXCISE—Continued.
Suits against ofﬁcers regulated,..29, 143
Treasurer to receive proceeds of du-
ties on liquors and hops,. . . . . .29-30
COLLECTOR OF INTERNAL REVE-
NUE.
Retailers of liquors to register with
and obtain permits from,. .229, 280, 408
Authorized to administer certain
oaths and aﬂirmations, ...230, 280, 408
To give retailers of liquors certiﬁ-
cate of entry of liquors if re—
quired, . . . . . . . . . . . . . . . . . . .230, 281, 409
Fee of, for such certiﬁcate regu-.
lated, . . . . . . . . . . . . . . . . . . . . .230, 281, 409
Empowered to seize liquors not en—
tered, . . . . . . . . . . . . . . . . . . ..231, 282, 410
Empowered to enter houses to
search, examine and gauge liquors
of retailers, . . . . . . . . . . . . . 231, 282, 410
To allow retailers of liquors ﬁfteen
per cent for leakage or wastage,
231, 283, 410
Appointed, . . . . . . . . . . . . . . . . .232, 284, 410
Powers and duties of, 232, 284, 408-12, 4115
To account to provincial treasurer
and to the assembly, . . . . . . . .. 232, 284
To pay proceeds of tax on liquors
retailed to provincial treasurer.
232, 284, 411
Compensation of, regulated, 232, 284, 411
To give bond, . . . . . . . . . . . . ..232, 283, 411
Appointment of deputy,. . . .232, 283, 411
Powers and duties of deputy, 232, 283, 411
To give public notice of 'the act and
notice to constables of their duties
thereunder, . . . . . . . . . . . . . . 232, 283, 412
To notify constables of their duties
under certain acts, . . . . . ..233, 283, 412
In case of neglect, misbehavior or
death of, a successor with like
powers to be appointed by the pro-
vincial treasurer, . . . . . . ..233, 284, 412
To have recourse to returns of con-
stables, . . . . . . . . . . . . . . . . . . .235, 286, 414
To collect certain arrearages of
taxes, . . . . . . . . . . . . . . . . . . . . . . ..236, 415
Empowered to cause entries and
searches for liquors retailed be-
fore act takes effect, . . . . . . . . . . . .. 236
5 36 Index.
COLLECTOR OF PROVINCIAL DUTIES.
To give permits gratis for landing
liquors, hops or ﬂax imported, 113, 152
Powers and duties of,
113-14, 116, 147-48, 152, 154-55, 193
To account to the provincial treas—
urer and the assembly, . . . . . .. 116,148
To pay all moneys received \to the
provincial treasurer, .116, 148, 155, 193
Compensation of,
116, 148,155,160,162, 193
To be sworn and enter security,
116, 149, 155
Evidence and pleading in suits
against, regulated, . . . . . . . .117, 149, 155
To recover treble damages and full
costs if verdict be against prose-
cutor or he be nonsuit or suffer .
a discontinuance, . . . . . . . . .117, 149, 156
How such damages to be recovered, 149
Actions against to be brought within
twelve months, . . . . . . . . . . . . . ..149, 156
Appointed, . . . . . . . . . . . . . . . . . . . ..148, 192
Authorized to appoint deputies, 148
To enter accounts of negroes im-
ported, . . . . . . . . . . . . . . . . . . . . . . . . . .. 160
When duty paid or secured to give
permit for landing negroes gratis, 160
Powers and duties of, in relation to
negroes imported and concealed,
160,162
All persons liable to pay duty on
negroes imported to report to,
without notice, . . . . . . . . . . . . . . . . .. 162
To gauge and measure ships and
vessels liable to tonnage duties, .. 166
Duties of, regulated, . . . . . . . . . . . . .. 193

Page. Page.
COLLECTOR OF INTERNAL REVENUE. COLLECTOR OF PROVINCIAL DUTIES.
——Continued. —Continued.
Sued for anything done under the Penalty for neglect of duty, . . . . . . . .. 193
internal revenue act, may plead Penalty, how recoverable, . . . . . . . . .. 193
the general issue and give the act Application of penalty, . . . . . . . . . . .. 193
d - l t ‘ . 7.
an Specla ma tel m 61.71;‘; H5865’ 41., COLLECTOR OF PROVINCIAL TAXES.
Empowered to contract in regard to To be appointed byassessors, .. . 86
taxes upon liquors, _ , _ _ _ _ , _ _ H285, 412 To be furnished with tax duplicate
To take bonds Obbrewers’ _ ' ‘ _ _ _ _ 383 and warrant, . . . . . . . . . . . . . . . . .. 86
Allowances to be demanded by, upon To demand payment of taxes, . . . . .. 86
taking bonds of brewers, 383 To give notice of day of appeal,.... 86
To pay a bounty on Spirits distilled To pay over their receipts monthly
and exported, .................. .. 415 to Provincial treasurer, 87, 124, 274, 279
And the whole amount assessed,... 87
Treasurer’s receipt to be a dis-
charge. . . . . . . . . . . . . . . . . . . . . . . . . .. 87
Commissioners to issue warrant
against body and estate of delin-
quent, . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
And to order sale of such estates to
satisfy sums unpaid, . . . . . . . . . . . .. 89
Overplus, if any, to be returned to
owner, . . . . . . . . . . . . . . . . . . . . . . . . .. 89
Sheriff’s deed to pass delinquent’s
title to lands so sold, . . . . . . . . . . . .. 89
Grants by delinquent declared void. 89
To pay commissioners their per
diem, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 91
And the charges of their clerks and
other ofﬁcers, . . . . . . . . . . . . . . . . . . . . 92
To pay assessors three pence per
pound of assessment, . . . . . . . . . . .. 91
To retain nine pence per pound of
all sums collected, . . . . . . . . . . . . . . . 91
Penalty for refusal ‘to collect taxes,. 124
To be appointed by commissioners
instead of collector refusing to act, 124
To give permits gratis for landing
liquors, molasses, hops or ﬂax im-
ported, . . . . . . . . . . . . . . . . . . . . . . . . .. 270
Powers and duties of, . . . . . . . . . ..271, 274
Empowered to enter and search
ships. houses, &c., where he shall
suspect the concealment of certain
dultiable goods, . . . . . . . . . . . . ..271, 276
To give his note to refund three-
fourths of the duty to importers
who pay ready money to obtain
rebate without any allowance of
the ﬁve per cent, . . . . . . . . . . . . . .. 272
Appointed, . . . . . . . . . . . . . . . . . . . ..273, 278
How successor to be appointed,. .273, 279
Index. 537

Page. Page.
COLLECTOR OF PROVINCIAL TAXES. COMMERCE. See Cask; Pork; Beef;
~—Continued. Flour; Bread; Tobacco; Trade; Tariff.
To account to the provincial treas-
urer and the assembly, ...274, 278-79 COMMFSSIONERS' See County Com-
Compensation of, regulated, 274, 276, 279 mlssmners'
To be sworn and enter security,. 274, 279 COMMISSIONERS OF PROPERTY_
Evidence and Pleading in Suits When to appoint ferrymen at ferry
against, regulated, . . . . . . . . . . . . . .. 274 Over Delaware River, in Makeﬁeld
To recover treble damages and fun township, . . . . . . . . . . . . . . . . . . . . . . .. 320
costs if verdict be against prosecu-
tor or he be nonsuit or suffer a COMPOUNDING LARGENY-
discontinuance, . . . . . . . . . . . . . . . . .. 275 HOW Punished’ ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' " 214
Suits against, regulated, . _ o _ _ _ _ _275, 279 Proviso, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 214
To enter accounts of negroes im- COMPTROLLER
ported, . . . . . . . . . . . . . . . . . . . .. 276 Fees of’ regulated, _ _ _ _ . ~ _ _ _ _ ‘ “110, 378
When {my Paul P" Secured’ t0 give To publish tables of his fees,. . . .111, 379
permlt for la‘nfhng nigmes glja‘ti'i' 276 No fees to he demanded without a
Powers an? dunes of’ m relatmn 'to bill of particulars, . . . . . . . . . . ..111, 379
Alliegroes ImI-ifn‘éfd ind Concdea'tledw 276 Receipt for amount of fees to be
ersons 1a e o a u‘ on -
negroes imported to Pgpgrt to 3mm given by, . . . . . . . . . . . . . . . . . . . . .111, 379
. ’ Penalty for neglect, refusal or over-
out notlce, . . . . . . . . . . . . . . . . . . . . . . . 277 charging, _ . _ _ _ _ _ _ . ‘ _ _ ' _ _ . . . . H111, 379
Penalty, how recoverable, . . . . ..111, 379
COLLECTOR OF THE PORT- Application of penalty, . . . . . . . ..111, 379
Fees 0f, regulated, . . . . . . . . . . . . . . .. 109 Liable to removal ﬁrom ()ﬁ'ice for
To Publish tables of his fees, . . . . .. 111 third offense, ............... ..111, 379
No fees to he demanded without a
bill of particulars, ............. .. 111 CONFEDERATE- See Aces-$82111"
Receipt for amount of fees to be OONGREGATIONS See Religious so-
given, . . . . . . . . . . . . . . . . . . . . . . . . . .. 111 cieties_
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . . . . .. 111 CONSTABLES-
Penalty, how recoverable, . . . . . . . . .. 111 Duties of, regarding the Collection
To receive, view and pay bounty of certain taxes, . . . . . . . . . . . . . ..29, 123
upon hemp, . . . . . . . . . . . . . . . . . . . . .. 315 To certify to ‘assessors names and
To administer oath or afﬁrmation to property of taxables. - - - . _ - - - --84, 179
persons tendering gold or Silver in Penalty for neglect, . . . . . . . . . . . . . .. 85
payment of duties and clailning Compensation of, . . . . . . . . . . . . . . . . .. 85
rebate, ......................... .. 365 To be appointed collector of provin—
To pay gold and silver received for cial taxes, . . . . . . . . . . . . . . . . . . . . . .. 85
duties to provincial treasurer, 365 Fees of, regulated, . . . . . . . . . . . ..108, 377
Penalty for violation, ............ .. 365 Tables of their fees to be Constantly
Penalty, how recoverable, . . . . . . . . .. 365 exposed to Public View in ofﬁce
Application of penalty‘ _ _ _ , _ _ _ _ v _ __ 365 Of, . . . . . . . . . . . . . . . . . . . . . . . . . ..111, 378
Empowered to administer oaths 9r Penalty for neglect, . . . . . . . . . . . ..111,378
aﬁ‘lrmations to importers present- Penalty for taking greater fees than
ing invoices or manifests’ _ , , _ _ . __ 365 prescribed, . . . . . . . . . . . . . . . . . . .111, 379
Powers of, to enforce collection of Penalty for refusing to give a bill
duties, . . . . . . . . . . . . . . . . . . . . . . . . . .. 366 of Particulars 01‘ a receipt if d9‘
Compensation of, regulated, , _ , _ _ _ __ 366 manded, . . . . . . . . . . . . . . . . . . . . ..111, 379
Penalty, how_recoverable, .....111, 379
COMMANDERS 0F VESSELS- See Application of penalty, . . . . . . . . ..111, 379
Masters of 'Ships anfi Vessels- Punishment for third offense. . .112, 379
5 38 Ina/ex.
Pa .
CONSTABLES.~——Continued. g9
To assist collector in searching for
and seizing liquors, molasses, hops
and ﬂax liable to duty, 114, 147, 153, 271
Penalty for refusal or neglect,
114, 147, 153, 271
To aid collector of duties upon ne—
groes, . . . . . . . . . . . . . . . . . . ..119, 160, 277
Penalty for neglect or refusal,
123, 160, 277
How recoverable, . . . . . . . . . . . . ..160, 277
To assist ofﬁcers of houses of correc-
tion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Compensation of, for certifying list
of 'taxables, . . . . . . . . . . . . . . . . . . . . .. 180
Penalty on, for neglect of duty, . . . .. 180
To assist collectors in making dis-
tress for taxes, . . . . . . . . . . . . . . . . .. 183
To assist collectors of internal reve—
nue to search, examine and gauge
liquors, . . . . . . . . . . . . . . . . ..231, 283, 410
Sued for anything done under the
internal revenue act may plead
the general issue and give the act
and special matter in evidence,
234, 285, 413
To return to courts of quarter-ses-
sions names and residences of re—
tailers of liquors, . . . _ ..235, 286, 413-14
CONTEMP'T OF COURT.
Jurisdiction and powers of the su-
preme court to issue process for
and punish, . . . . . . . . . . . . . . .. ..66 68
To be examined into and punished
by the supreme court, . . . . . . . . . . .. 303
CONVEYANCES. See Deeds; Land.
Certain, by defaulting collectors of
county taxes declared fraudulent,. 185
CONVI'CTS. See Servants.
COOPER’S POINT, NEW JERSEY.
Ferry from Philadelphia to, estab-
lished, . . . . . . . . . . . . . . . . . . . .. 172
COOPERJS. See Cask.
CORONER’S INQUEST.
Fees for, regulated, . . . . . . . . . . . . . . .. 108
CORONERS. See Oaths.
Election of, regulated, . . . . . . . . . . . .. 139

Page.
CO RONERS.—Continued.
Contempts and defaults of, to be ex-
amined and corrected by the su-
preme court, . . . . . . . . . . . . . . . . . . . . . 303
Refusing or neglecting to return tes-
tam/m execution to be amerced, 307
Fees of, regulated, . . . . . . . . . . . . ..102, 372
Tables of fees to be constantly ex-
posed to public view in oﬂice of,111, 378
No fees to be demanded without a
bill of particulars, . . . . . . . . . . . .111, 379
Receipt for payment of fees to be
given by, on demand, . . . . . . . ..111, 379
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . . .111, 37 9
Penalty, how recoverable. . . . . . ..111, 379
Application of penalty, . . . . . . . ..111,379
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . ..112, 379
CORPORATIONS.
Created for the management of
houses of correction in each
county, . . . . . . . . . . . . . . . . . . . . . . . . .. 169
COSTS.
When treble, are recoverable,
29, 92, 187, 212
In actions upon bonds and promis-
sory notes, . . . . . . . . . . . . . . . . . . . . . .. 51
To be paid upon postponement of
trial, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 78
To be taxed by one of the judges, . . 79
Collector of [duties entitled to treble
damages and, in unsuccessful suit
against him, . . . . . . . . . . . . . . . . . . . .. 117
For issuing and docketing certain
writs, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 127
Collector of duties entitled to, in un-
successful suit against him,156,274, 279
Of prosecution for larceny, how
paid, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 211
In case a verdict be given against
prosecutor under internal revenue
act, or he suffer a nonsuit or dis-
continuance, defendant to recover
treble, . . . . . . . . . . . . . . . . . . . .234, 285, 413
Of appeal from order of surveyor and
regulators of party walls, how
paid, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 245
Of prosecution and whipping to be
paid by persons convicted of petit
larceny, . . . . . . . . . . . . . . . . . . . . . . . . .. 246
Index.
539
Page.
COSTS—Continued.
Double, to be paid by innkeepers in
suits against servants, . . . . . . . . . ..
Plaintiﬁ’s, on interlocutory judg-
ments to be inquired of upon an
order in the nature of a writ of
inquiry, . . . . . . . . . . . . . . . . . . . . . . . . . .
To be given defendant freeholder
upon abatement of writ of arrest,
COSTS IN ACTION OF SLANDER.
Limitation of actions for, . . . . . . . . . . .
COUN‘CI'L. See Governor and Council.
COUNSEL.
COU-NTERFEITIN‘G. See Forgery.
Punishment for, or uttering counter-
feit bills of credit, . . . . . . . . . ..331,
Punishment for, provincial branding
iron or impress thereof, . . . . . . . . ..
‘See Attorneys-at-Law.
COUNTIES. See Philadelphia County;
Bucks County; Chester County.
'JOUNTIES ANNEXlED. See 3Govern-
ment of Newcastle, Kent and Sussex
upon Delaware.
COUNTIES OF NEWCASTLE, KENT
AND SUSSEX UPON DELAWARE.
See Government of Newcastle, &c.
COUNTY ASSESSORS. See Election of.
Election of, regulated, . . . . . . . ..139,
Election of, in Philadelphia to be
251
307
358
12
406
381
297

the same as in other counties, . . . . 139
Page .
COUNTY ASSESSORS.——Continued.
To inform themselves what persons
Number of, ﬁxed, . . . . . . . . . . . . . ..139, 175
Freeholders eligible to be, . . . . . . . .. 175
Time of electing, ﬁxed, . . . . . . . . . . . .. 175
County commissioners to meet with, 176
County commissioners and, to annu-
ally calculate the public debts and
charges and ‘adjust the sums of
money necessary to be raised, 176, 178
County commissioners and, to levy a
tax to pay for wolves and foxes
killed or else allot necessary sums
out of the county levies, . . . . . . . . . 176
Debts and demands against the
county to be allowed by county
commissioners and, . . . . . . . . . . . . .. 179
To take aiﬁrmation before assuming
duties, . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Four of the, to meet and receive
constables’ returns, . . . . . . . . . . . . .. 180
and estates are ratable, . . . . . . . . .. 180
To make annual assessment, . . . . .. 180
To assess themselves, . . . . . . . . . . . . .. 180
To divide counties into districts, .. 181
To appoint a collector in each district, 181
To attend county commissioners
on day of appeal, . . . . . . . . . . . . . .. 182
County commissioners and, to ap—
point new commissioners instead
of those in default, . . . . . . . . . . . . . . . 186
Refusing or neglecting to perform
their duties to be ﬁned by county
commissioners, . . . . . . . . . . . . . . . . .. 186
To be appointed by county commis—
sioners in place of those dying,
refusing or neglecting to perform
their duties, or on failure to elect
by the inhabitants, . . . . . . . . . . . . .. 187
Compensation of, ﬁxed, . . . . . . . . . . .. 188
County commissioners and, to ap-
point county treasurers as often
as necessary, . . . . . . . . . . . . . . . . . . .. 189
County commissioners and, to put a
certain former act into execution, 191
COUNTY CHARGES. See County Esti-
mates for Taxes.
COUNTY CLERK.
To draw precepts for the commis~
sioners for the collection of pro-
vincial taxes, . . . . . . . . . . . . . . . . . . .. 84
To prepare in duplicate tax assess-
ments, . . . . . . . . . . . . . . . . . . . . . . . . . .. 86
To deliver to provincial treasurer
an account of sums charged tax
collectors, . . . . . . . . . . . . . . . . . . . . . . .. 87
Compensation of, . . . . . . . . . . . . . . . . .. 92
To be ﬁned for refusing or neglect-
ing to do duty, . . . . . . . . . . . . . . ..92,187
Others appointed in case of death, . . 92
Duties of, under provincial tax act
enjoined, . . . . . . . . . . . . . . . . . . . . . . .. 123
Penalty for neglect, . . . . . . . . . . . . . .. 123
When to deliver to provincial treas-
‘urer account of sums charged to
provincial tax collectors, . . . . . . . .. 123
To enter return of elections of
county assessors in minute books, 175
To enter in a book all sums assessed
and appropriated by county com-
missioners and assessors, . . . . . . .. 176
540
Index.
Pnge.
COUNTY CLERK.—-Continued.
Compensation of, for duties under
itaxlaiw‘s, . . . . . . . . . . . . . . . ..........187
To be appointed by county commis-
sioners in case of death or refusal
or neglect, . . . . . . . . . . . . . . . . . . . . . .. 187
COUNTY COMMISSIONERS.
To enforce the collection of arrears
of provincial taxes, . . . . . . . . . . . . . . 6
Powers of, . . . . . . . . . . . . . . . . . . . . . . .6, 7, 9
When and where to meet, . . . . . . .. 6
Three to be a quorum, . . . . . . . . . . . . . 6
Compensation of, . . . . . . . . . . . . .11, 91, 187
Appointed in each county to enforce
collection of provincial taxes, . . . .. 84
Powers of, . . . . . . . . . . . . . . .84, 176, 179, 296
When and where to meet, . . . . . . . .. 84
Two to be a quorum, . . . . . . . . . . . .. 84
To require constables to certify to
assessors names and property of
taxables, . . . . . . . . . . . . . . . . . . . . . . .84, 17 9
To administer afﬁrmation to asses-
sors, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 85
To appoint day of appeal from as-
sessment, . . . . . . . . . . . . . . . . . . . . . . .. 86
To hear appeals, . . . . . . . . . . . . . . . . . .. 86
To approve, diminish or add to the
assessment, . . . . . . . . . . . . . . . . . . . . .. 87
To call before them and assess those
not assessed, . . . . . . . . . . . . . . . . . . . .. 87
A double assessment to be imposed
on those failing to appear, . . . . . .. 87
To adjust the charges of distress,
&c., . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 88
To issue warrant against the body
and estate of delinquent tax col-
lector, . . . . . . . . . . . . . . . . . . . . . . . . . .. 88
To issue warrant for freemen not
found by collectors in place where
assessed, . . . . . . . . . . . . . . . . . . . . . . . .. 90
To ﬁne treasurer 'for neglect of duty, 90
And issue warrant for distress and
sale of his goods or imprisonment
of ‘his body, . . . . . . . . . . . . . . . . . . . . . . 91
Governor or provincial treasurer to
appoint others in place of, in case
of refusal to serve, neglect or
death, . . . . . . . . . . . . . . . . . . . . . . . . . .. 91
To ﬁne assessor refusing or neglect-
ing to do his duty, . . . . . . . . . . . . . . . 91

Page.
COUNTY COMMISSIONERS—Continued.
To ﬁll vacancies among the assess-
ors caused by death or otherwise, 91
To issue warrant and levy ﬁnes, . . . 91
To ﬁne county clerk refusing or neg-
lecting to do his duty and to ap-
poin-t another in his place, . .92, 187
To appoint a new county clerk in
case of death, . . . . . . . . . . . . . . . ..92,187
To put in force act of eleventh and
twelfth years of Queen Anne, . . . .. 94
To enforce collection of provincial
taxes, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 123
When and where to meet in Phila-
delphia, . . . . . . . . . . . . . . . . . . . . . . . . .. 123
When and where to meet in Bucks
county, . . . . . . . . . . . . . . . . . . . . . . . . .. 123
Powers of, revived and ‘time to meet
extended, . . . . . . . . . . . . . . . . . . . 123
To ‘ﬁne collectors of provincial tax
refusing to act, . . . . . . . . . . . . . . . . .. 123
To ﬁll vacancy in collectorship
caused by refusal to act, neglect of
duty or death, . . . . . . . . . . . . . . . . . .. 124
Penalty ‘for neglect of duty, . . . . . . . . 124
Governor to ﬁne any, refusing or
neglecting to do their duty, . . . . .. 135
To meet with county assessors, 176
Time of meeting of, ﬁxed, . . . . . . . . .. 176
To make and lay necessary rates and
assessments, . . . . . . . . . . . . . . . . . . .. 176
To enforce collection 'of such rates, . 176
And county assessors to annually
calculate the public debts and
charges and adjust the sums of
money necessary to be raised, 176, 179
To apportion money raised among
the various public objects, . . . . . . . . 176
Appointed, . . . . . . . . . . . . . . . . . . . . . . . . 178
To levy a tax to pay for wolves and
foxes killed, or else allot necessary
sums out of the county levies, 179
Debts and demands against the
county to be allowed by the, and
assessors, . . . . . . . . . . . . . . . . . . . . . . . . 179
To enter in a book all accounts and
debts allowed, . . . . . . . . . . . . . . . . . .. 179
Certain old claims not to be allowed
by, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 179
To direct constables to bring in cer-
tiﬁed list of all persons and prop-
erty within their bailiwicks, 179
[72 a’ex. 5
41
Page.
Page.
COUNTY COMMISSION BIBS—Continued.
To call 'upon surveyors and others
for information as to taxable lands,
To hear and determine appeals from
assessments for county taxes,
Empowered to diminish or increase
assessments upon hearing appeals,
Empowered to call before them such
persons and to assess such estates
as have been omitted, . . . . . . . . . . ..
To deliver to county treasurer ac-
count of sums charged to each
collector of county taxes, . . . . . . . . .
To deliver to collectors of county
taxes duplicate rectiﬁed assess-
ments and warrants to collect
same, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
To ﬁne defaulting collectors of
county taxes, . . . . . . . . . . . . . . . . . . . .
To issue their warrants to the sheriff
or coroner to take the bodies and
seize the estates of defaulting col-
lectors of county taxes, . . . . . . . . ..
To cause estates of defaulting col-
lectors of county taxes ‘to be sold
to satisfy sums due, . . . . . . . . . . . ..
Overplus of such sales to be returned
to owner, . . . . . . . . . . . . . . . . . . . . . . ..
Penalty for neglect or refusal of, to
perform their duties, how recover-
able, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
And assessors to appoint new com-
missioners in place of those in de-
fault, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
To ﬁne county treasurer refusing or
neglecting ‘to perform his duties
under the tax laws, . . . . . . . . . . . . ..
To appoint county treasurers in
place of those dying or refusing or
neglecting to perform their duties,
To ﬁne county assessors refusing or
neglecting to perform their duties,
To appoint county assessors in place
of those dying or refusing or neg-
lecting ‘to perform their ‘duties and
when none are elected by the in-
habitants, . . . . . . . . . . . . . . . . . . . . . . .
And assessors to appoint county
treasurers as often as necessary,
And assessors to settle accounts of
county treasurers and ﬁx their
compensation,
I I n n o I I I o Q o o Q 0 I Q o Q l
181
181
181
181
181
181
185
187
187
187
187
187
187
189
189
COUNTY COMMISSIONERS.—~—Continu‘ed.
And assessors to put a certain
former act into execution, . . . . . . ..
191
Number of, reduced, . . . . . . . . . . . . .. 295
Election of, regulated, . . . . . . . . . ..295-97
Return of election of, by whom
made, . . . . . . . . . . . . . . . . . . . . . . . . . .
To be qualiﬁed by court of quarter-
sessions, . . . . . . . . . . . . . . . . . . . . . . . ..
COUNTY COURT. See Court, County.
COUNTY DEBT.
To be annually calculated and al-
lowed by county commissioners and
assessors,
Allowances to be endorsed on the
accounts and entered in book kept
by county commissioners, . . . . . . . .
Certain old claims not to be allowed,
0 t a o 0 ~ I 0 n 0 Q l v I a O O 0 I O 0 I I I
COUNTY ESTIMATES FOR TAXES.
To be made annually by county com-
missioners and assessors, . . . . . . . . .
COUNTY FUNDS.
All ﬁnes and forfeitures collected
under the tax laws to be paid into
the, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An account of disbursements of, to
be kept by county treasurers, ..
COUNTY *LEVIES. See Taxes, County.
COUNTY PRISON. See House of Cor-
rection.
COUNTY RATES. See Taxes, County.
COUNTY STOCK. See County Funds.
COUNTY SURVEYORS. \
To give county commissioners infor-
mation as to lands surveyed or
located,
Penalty for refusal or neglect of,
Reasonable charges of, under tax
laws to be allowed by county com-
missioners and paid by county
treasurer,
a a Q I I Q O O I l I I Q c 0 o o u O U c 0 D I I Q
296-97
297
176
179
179
176
187
. 189
181
. . 181
187
l O I o I i Q I O I I I o o Q v o I I n n 0 o I
COUNTY TAXES. See Taxes, County.
COUNTY TREASURERS.
To receipt to collectors of county
taxes for sums paid in, . . . . . . . . . .. 183
s42
Index.
COUNTY TREASU RERS.—-Continlued.
To report payments by and defaults
of, collectors of county taxes to
county commissioners, . . . . . . . . . ..
Neglecting or refusing to perform
their duty under tax laws to be
ﬁned by county commissioners, ..
To be appointed by county commis-
sioners in case of death, refusal or
neglect to perform their duties,..
To discount compensation of and al-
lowances by county commissioners,
To pay county clerks for duties
under tax laws, . . . . . . . . . . . . . . . . ..
To be appointed by county commis-
sioners and assessors as often as
necessary, . . . . . . . . . . . . . . . . . . . . . ..
To receive all moneys arising from
taxes and ﬁnes and forfeitures
under the tax laws, . . . . . . . . . . . . . .
To enter security, . . . . . . . . . . . . . . . ..
To keep a book of accounts of all tax
rates, assessments, disbursements
and payments, . . . . . . . . . . . . . . . . . ..
To settle accounts annually with
county commissioners and asses-
sors, . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Compensation of, . . . . . . . . . . . . . . . . ..
Upon removal from oﬁice, to deliver
to successor all books, accounts
and papers, . . . . . . . . . . . . . . . . . . . . ..
Upon death of, personal representa—
tives to deliver to successor all
books, accounts and papers, . . . . ..
Penalty for neglect by, or represen-
tatives of deceased, to deliver
books, &c., to successor, . . . . . . . . ..
Proceeds of sales of estrays ‘to be
paid to, . . . . . . . . . . . . . . . . . . . . . . . . ..
COURT, OO’UNT’Y.
To remove derelict ferryman and ap—
point another in his place, .. . .174,
And grand jury empowered to ﬁx
rates to be paid by certain ferry-
men for necessary land's, . . . . . . ..
When, and grand jury may alienate
lands held by certain ferrymen,..
To appoint auditors in domestic at—
tachment to sell property attached
and distribute proceeds among
creditors,
I o I I l I 0 Q v O O I I I o I o Q o a a I I 1
183
187
187
187
188
189
189
189
189
190
190
190
190
190
242
318
320
320
341
Page.
COURT, COUNTY.-—Continued.
No one to range in the woods after
horses, &c., without license from
the,
COURT CRIER. See Crier, Court.
COURT-HOUSE. See Chester County.
COURT OF COMMON PLEAS.
To award execution upon verdicts
upon bonds, . . . . . . . . . . . . . . . . . . . . ..
When to be held in Philadelphia,
Chester and Bucks counties, Time of sitting regulated, . . . . . . . ..
Judges of the, to sit to hear mo—
tions, &c., . . . . . . . . . . . . . . . . . . . . . ..
Restrictions on making rules,
Intermediate sessions of the, . . . . . ..
Powers of the, . . . . . . . . . . . . . . . . . . . ..
No hearings to be given at any other
time between the regular quar-
terly sitting of the, . . . . . . . . . . . . ..
All ﬁnes, issues. amercements, for—
feited recognizances and other for—
feitures in the, to be estreated into
the [Supreme court,
Appeals from the, to lie to the su-
preme court,
Judges of the supreme court not to
sit in, . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Established,
A competent number of justices to
be commissioned by the governor,
To be a court of record, . . . . . . . . . . ..
When and where to be held, . . . . . . . .
Three justices to be a quorum, . ..
To hold pleas of assizes, sch-e facias
o o o 0 Q O I 0 l 0 I Q O I b u Q I u 0
I I I o a a o I Q 0 I 0 e a 9 n w I a I q o n
and replevins, . . . . . . . . . . . . . . . . . . .
To hear and determine all manner of
pleas and actions, . . . . . . . . . . . . . ..
Standard of practice in, ﬁxed, . . . . ..
Judges to grant all writs and process
required, . . . . . . . . . . . . . . . . . . . . . . . . .
To issue subpoenas into any county,
Penalty for refusal to obey subpoena
issued by, . . . . . . . . . . . . . . . . . . . . . ..
‘When alias execution with a testa-
tum ‘to other counties may be is-
sued by, . . . . . . . . . . . . . . . . . . . . . . . ..
Oﬁicer refusing to proceed with exe-
cution issued by the, to be amerced
and liable for damages, . . . . . . . . ..
. . . . . . . . . . ..45,
. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 423
20
23
23
23
71
67
69
69
70
70
70
70
70
70
70
70
70
71
71
Index.
543
P
COURT OF COMMON PLEAS.-~Con-
tinued.
When process may be issued by the,
against the offenders, . . . . . . . . . . . .
Defendant entitled to special, . . . . . .
Defendant requiring special, to give
bail to the action, . . . . . . . . . . . . . ..
Fees in special, to be double the
usual fees, . . . . . . . . . . . . . . . . . . . . . ..
Proceedings in the, upon writs of in-
quiry, . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Judgment thereon, . . . . . . . . . . . . . . . . .
Attorneys to be admitted to prac-
tice in, . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties for misbehavior by attor-
neys to be imposed by the, Power of attorneys-at-law to enter
actions, draw writs, process, decla-
rations and other pleadings, and ‘to
ﬁle warrant of attorney in, . . . . . .
No further license to practice in the,
required by attorneys, . . . . . . . . . ..
Negligent attorneys to be deprived
of fee and not suffered to speak in
the cause, . . . . . . . . . . . . . . . . . . . . . . .
How actions shall be commenced in
the, .' . . . . . . . . . . . . . . . . . . . . . . . . ..73,
Judges of the, to pass upon suﬁi-
ciency of bail offered in capias,. . . .
Empowered to arrest judgments and
grant new trials, . . . . . . . . . . . . . . . . .
All oﬁ‘icers of the, to publish tables
of their fees, . . . . . . . . . . . . . . . . . . ..
Penalty for neglect, . . . . . . . . . . . . . ..
Or for taking greater fees than pre-
scribed, . . . . . . . . . . . . . . . . . . . . . . . . . .
Or for refusing to give a bill of
particulars or a receipt it‘ de-
manded, . . . . . . . . . . . . . . . . . . . . . . . . .
Penalties, 'how recoverable, . . . . . . ..
Certain proceedings in the, of Ches—
ter county revived and continued,
Form of writs, . . . . . . . . . . . . . . . . . . ..
Writs to contain amount of debt
sued for, . . . . . . . . . . . . . . . . . . . . . . . ..
Writs not to abate for want of a
praeceipe or lack of form or for
any variance, . . . . . . . . . . . . . . . . . . ..
Fees of clerk of the, upon issue of
writs regulated, . . . . . . . . . . . . . . . ..
Dockets to be kept by clerks of the,
Judges of the supreme court not to
sit in the, . . . . . . . . . . . . . . . . . . . . . ..
886 .
71
71
72
72
72
72
72
72
72
73
126
74
79
111
111
111
111
111
126
126
126
126
126
127
304
P889
COURT OF COMMON PLEAS.—Con~-
tinued.
Judges of the, how commissioned, .. 305
When the, to be ‘held in the several
counties, . . . . . . . . . . . . . . . . . . . . . . . .. 305
Jurisdiction of the, regulated, . . . . .. 306
Power of the, to issue subpoenas, .. 306
May grant special courts to defend-
ants about to leave the province, 307
Defendants asking special courts to
give bail to the action, . . . . . . . . . . .
Upon interlocutory judgments in
the, a writ of inquiry to issue to
ascertain plaintiff’s damages and
costs,
307
307
a c I u 0 I u 0 n u 0 I n 0 a o a o n I I I a n I a o I
COURT OF GAOL DELIVERY.
Court of Oyer and Terminer.
See
Duties of judges of, in regard ‘to in-
dictments of accessaries wihere
principal oﬁense committed in an-
other county, . . . . . . . . . . . . . . . . . . ..
Judges holding, empowered to give
judgment of death where not given
by trial judge, . . . . . . . . . . . . . . . . . . .
208
210
COURT OF OY'ER AND TERMINER.
See Court of Gaol Delivery.
All ﬁnes, issues, amercements, for-
felted recognizances and other for-
feitures in the, to be estreated into
the supreme court, . . . . . . . . . . . . .. 45
Duties of judges of the, in regard to
indictments of accessaries where
the principal oﬁense was commit-
ted in another county, . . . . . . . . . .. 208
COURT OF QUARTER~SESSIONS.
Courts of general quarter-sessions
established, . . . . . . . . . . . . . . . . . . . . .. 33
When to be held in each county,
33. 299, 300
Judges of law appointed and com-
missioned, . . . . . . . . . . . . . . . . . . . . . .. 33
Three a quorum, . . . . . . . . . . . . . . . . . .. 33
To punish offenses against law,..,. 33
To issue process, . . . . . . . . . . . . . . . . . .. 34
To administer justice as near as may
be to the laws of Great Britain
and according to the laws of the
province, . . . . . . . . . . . . . . . . . . . . . . . .. 34
544 Index.
Page.
COURT OF QUARTER-SESSIONS.—
Continued.
To hold special sessions as required, 34
To take recognizances and to dis-
charge the same, . . . . . . . . . . ..34-5, 299
To be certiﬁed to the supreme court
of oyer and terminer, . . . . . . . . . . .. 35
Whence process upon forfeitures
shall issue, . . . . . . . . . . . . . . . . . . . . .. 35
Duration of the sitting of the, 35-6
Powers of mayor, recorder or alder-
men of Philadelphia not abridged
by ‘this act, . . . . . . . . . . . . . . . . . . . . .. 36
Judges to issue process to sheriffs or
ofﬁcers and subpoenas to any
county, . . . . . . . . . . . . . . . . . . . . . . . .36, 301
Writ of error to the supreme court
provided, . . . . . . . . . . . . . . . . . . . ..36, 301
Upon writ of error, mayor, recorder
and aldermen of Philadelphia to
certify transcript of record to the
supreme court, . . . . . . . . . . . . . . . . .. 36
After reversal or afﬁrmation to pro-
ceed to execution or otherwise,. . .. 37
Judges to set prices on liquors re- ‘
tailed, . . . . . . . . . . . . . . . . . . . . . . . ..37, 198
And on provender for horses, ....37, 198
And to regulate penalties, . . . . . . . . .. 37
All ﬁnes, issues, amercements, for-
feited recognizances and other for-
feitui es in the, to be estreated into
the supreme court, . . . . . . . . . . . .45, 300
Governor to grant licenses to trade
with the Indians upon recommen-
dation of the, . . . . . . . . . . . . . . . . . . .. 62
Appeals from the, to be to Ithe su-
preme court, . . . . . . . . . . . . . . . . . . . .. 66
Judges of the supreme court not to
sit in the, . . . . . . . . . . . . . . . . . . . ..67, 304
Certain proceedings in the, of Ches-
ter county revived and continued,. 126
Authorized to order erection of
houses of correction or work-
houses, . . . . . . . . . . . . . . . . . . . . . . . . .. 168
To make orders governing same,. .. 168
To commit offenders thereto, . . . . .. 168
To appoint trustees to hold title to
such houses, . . . . . . . . . . . . . . . . . . . .. 168
To appoint ofﬁcers of houses of cor-
rection, . . . . . . . . . . . . . . . . . . . . . . . . .. 169
To examine accounts and proceed-
ings of said ofﬁcers, . . . . . . . . . . . . .. 169

I)
COURT OF QUARTER-SESSIONS.—
Continued.
To remove said ofﬁcers for cause, ..
To cause such sums of money as
they deem necessary for the sup-
port of houses of correction or
workhouses to be raised as county
rates are,
Limitation upon amounts to be
raised, . . . . . . . . . . . . . . . . . . . . . . . . . ..
To ﬁne county commissioners refus-
ing or neglecting to perform their
duties,
To issue warrants to sheriff or coro-
ner lto levy ﬁnes imposed on de-
faulting county commissioners by
distress and sale of goods or im-
prisonment of the body, . . . . . . . . ..
Prices set by, on liquors retailed and
provender for horses to be pro-
claimed by the crier and ﬁxed
upon the court-house doors, Appeals to the, to lie from justices
of the peace under in‘ternal rev-
enue act, . . . . . . . . . . . . . . . . .233, 286,
Constables to return to the, names
and residences of retailers of li-
l l I I I I I O I Q U O . O I Q O O I Q i O .I
l I I I O I I l O O O Q I I I O D O I I l Q U l O I 0
age.
169
170
170
186
186
198
413
quors, . . . . . . . . . . . . . . . ..235, 286, 413-14
To appoint and change pounds and
poundkeepers,
To ﬁne poundkeepers for oﬁicial mis-
demeanors,
Powers and duties of the, in regard
to proceeds of sales of estrays,...
Appeals to the, allowed from sum-
mary convictions of petit larceny,
Proviso, . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Discretion given judges of the, to
imprison for concealing exporta-
tion of leather or raw hides, .. .
To appoint and qualify sealers and
searchers of leather, . . . . . . . . . . . ..
Penalty imposed upon judges of the,
for not appointing sealers and
0 u u o u I n 0 o I I I o 0 Q I Q l I I
I c Q a l I l O n o l 0 I I U Q a O l I o l
searchers of leather, . . . . . . . . . . . . .
To appoint triers of goods seized by
the sealers and searchers of
leather, . . . . . . . . . . . . . . . . . . . . . . . . ..
To direct the disposition of goods
forfeited after seizure by the seal-
ers and searchers of leather, . . . ..
Brand-marks of bolters and bakers
to be entered of record in the,
240
240
242
247
247
259
260
260
261
261
288
Index. 54 5
COURT or QUARTER-snssloh's-fage'
Continued.
Fees of clerks of the, for recording
brand-marks of bolters and bakers
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 288
Empowered to grant license for ale-
houses, &c., . . . . . . . . . . . . . . . . . . . . . . 292
Empowered to suppress common
selling of ale, beer and wine in
taverns, &c., . . . . . . . . . . . . . . . . . . . .. 293
Empowered to punish disorder in
taverns, &c., . . . . . . . . . . . . . . . . . . . .. 293
Judges of the, to cause recogni-
zances of brewers and innkeepers
to be entered of record, . . . . . . .293, 382
Penalty for failure, . . . . . . . . . . . . . . .. 293
May recommend ﬁt persons to keep
taverns for selling wine, rum,
brandy and other spirits by retail, 293
Discretion given the, to discrimi-
nate in setting prices on beer and
ale, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 293
To qualify county commissioners re-
turned to them as elected, . . . . . . .. 297
Three of the commission of the
peace appointed by the governor
or lieutenant-governor to hold the,
and giaol delivery, . . . . . . . . . . . . . . .. 299
Recognizance taken out of session to
be certiﬁed by justice of the peace
to the next, . . . . . . . . . . . . . . . . . . . .. 299
Fines and amercements in the, to
be taxed without partiality, . . . . .. 300
To license rangers, . . . . . . . . . . . . . . .. 424
To ﬁx allowances to rangers, . . . . . . . 424
COURT, ORJPHANIS’.
To be held by justices of the courts
of quarter-sessions, . . . . . . . . . . . . .. l4
Established in every county, . . . . .. 15
Time for sitting regulated, . . . . . . .. 15
Appeal from the, to the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
Security to be given, . . . . . . . . . . . . . . . 19
To have due regard to the directions
of all last wills, . . . . . . . . . . . . . . . . .. 20
Powers and duties of, regulated,...15-19
Powers of the, in regard to sale and
distribution of lands of Free So-
ciety of Traders regulated.
352-53, 355-56

Page.
COURT, SPECIAL.
Defendants entitled Ito, upon giving
bail to the action, . . . . . . . . . . . . .71, 307
Fees to be double usual fees, . . . . . . 72
May be granted to defendants about
to leave the province, . . . . . . . . . .. 307
COURT, SUPREME. See Judges of Su-
preme Court, Court of Oyer and Ter-
miner and Gaol Delivery.
To hear appeals from the Orphans’
court, . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
All ﬁnes, issues, amercements, for-
feited recognizances and other for-
feitures to be estreated into the, 45, 300
Process on the same to issue from
the, . . . . . . . . . . . . . . . . . ..47, 49, 67, 300
Two judges of the, to determine all
questions arising, . . . . . . . . . . . . . . .. 49
Established, . . . . . . . . . . . . . . . . . . . . . .. 66
To be a court of record . . . . . . . . . . . .. 65
When and where to be held, . . . . .65, 302
Four judges of the, to be commis-
sioned by the governor, . . . . . . . .. 66
One to be chief justice, . . . . . . . . ..66, 302
To issue writs of habeas corpus. cer-
tiorari. writs of error, prohibitions,
injunctions, to stay waste, audizfa
querela, mandamus and all other
writs, . . . . . . . . . . . . . . . . . . . . . . . ..66, 3‘2
Two judges a quorum, . . . . . . . . . . . .. 66
To hear and determine all causes in
law or in equity cognizable there-
in, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 66
Also appeals from courts of quarter-
sessions, common pleas and an‘
other court, . . . . . . . . . . . . . . . . . . .66. 303
To review proceedings of justices
and magistrates, . . . . . . . . . . . . . . . .. 66
To examine and punish conitempts
and defaults of justices, sheriffs,
coroners, clerks and other ofﬁcers,
66, 303
To issue process for levying all
ﬁnes, forfeitures and amercements
taxed in the, . . . . . . . . . . . . . . . . . . .. 67
Jurisdiction and powers, ....67, 303. 307
Prothonotary of the, to be nominated
by the judges and commissioned by
the governor, . . . . . . . . . . . . . . . ..67, 304
Prothonotary of the, 'to keep his
ofﬁce in Philadelphia, . . . . . . . . . . .. 67
546 Index.
P .
COURT, SUPREME.-—Continued. age
Empowered to suspend, punish or
remove prothonotary for misde-
meanors in ofﬁce, . . . . . . . . . . . . ..67, 304
All writs in the, to be granted of
course, . . . . . . . . . . . . . . . . . . . ..67, 304
To be made in the name of the King,
67, 304
To bear taste in the name of the
chief justice, . . . . . . . . . . . . . . . . . .67, 304
If chief justice be a party, then in
the name of one of lthe other jus-
tices, . . . . . . . . . . . . . . . . . . . . . . . . ..67, 304
When returnable, . . . . . . . . . . . . . ..67, 304
None of the judges of the, to sit in
any inferior court, . . . . . . . . . . . . .67, 304
To have jurisdiction in bills of dis~
covery, . . . . . . . . . . . . . . . . . . . . . . .. 67
And other matters relievable in
equity, . . . . . . . . . . . . . . . . . . . . . . . . . .. 67
To issue subpoenas, d'z'slringas 0!‘
other process. to enable parties to
apeair, defend and proceed, . . . . . .. 67
Proceedings of the, in equity to be as
in chancery and exchequer courts
in Great Britain, . . . . . . . . . . . . . .. 68
Power of the, to award process to
enforce obedience to its decrees, .. 68
And against the persons and estates
of those in contempt. . . . . . . . . . . .. 68
Prothonotary of the, to be register of
courts of equity, . . . . . . . . . . . . . . . .. 68
Treasons. murders and'other felon-
ies of death cognizable by the, in
the county where committed, 68
Empowered to deliver the gaols of
all persons committed for such
crimes, . . . . . . . . . . . . . . . . . . . . . . ..69, 304
Power of the, to issue process and
enforce obedience in such cases, 69,305
Fees in capital cases to be double the
fees taken in the quarter-sessions. 69
Writ of error to be allowed by a jus-
tice of the, . . . . . . . . . . . . . . . . . . . . . . . 81
Judges of ‘the, may issue writs of
certiorari, . . . . . . . . . . . . . . . . . . . . . . . . . 82
To award costs to prosecutor when
defendant is convicted and grant
attachments against the defendant, 82
Recognizances taken for suspicion of
felony to be certiﬁed into the... . .. 300

COURT, SUPREME—Continued. Page"
Writs of error returnable to the, to
be granted to parties aggrieved by
judgment of quarter-sessions on
any court of record, . . . . . . . . . . . . .. 301'
Mayor, recorder and aldermen of
Philadelphia not to be required
upon writ of error to send record
to the, . . . . . . . . . . . . . . . . . . . . . . . . . .. 301
Three judges of the, to be commis-
sioned by the governor or lieu-
tenant-governor. . . . . . . . . . . . . . . .. 302
Issues joined in the, to be tried by
two judges in county whence
cause was removed, . . . . . . . . . . . . . . 302
Capital crimes to be tried before the
judges of the, by juries of Phila-
delphia city and county, . . . . . . . . .. 305
COURT-SUPREMEl COURT OF OYE'R
AND TERMINER.
Forfeited recognizances to be certi-
ﬂed to the, from the court of quar-
ter-sessions, . . . . . . . . . . . . . . . . . . . .. .35
Process to issue upon the, . . . . . . . . .. 35
Jurisdiction and powers upon appeal
from the court of quarter-sessions, .36
COURTS.
Forbidden to take cognizance of
debts under forty shillings, .....63, 64
“Forty shillings” and “two weeks.”
in Philadelphia abolished, . . . . . .. 65
Payment of bills of credit into, an-
thorized in satisfaction of moneys
due on bonds, &c., . . . . . . . . . . . . . .. 394
CREDIT.
No more 'than twenty shillings, to be
given for liquors, . . . . . . . . . . . . . . .. 250
CRI'ER, COURT.
Fees of, regulated, . . . . . . . . . . . . ..108, 377
Table of fees to be set up in court
from time to time during the sit»-
ting thereof, . . . . . . . . . . . . . . . ..111, 378
No fees to be demanded without a
bill of particulars, . . . . . . . . . . ..111, 379
Receipt for payment of fees to be
given by, on demand. . . . . . . ..111, 379
Index.
547
Page.
CRIER, COURT.—-Continued.
Penalty for neglect, refusal or over-
High Treason; Petit Treason; Mis-
Dl'iShll of Treason; Murder; Man-
slaughter; Homicide; Perjury; Subor-
nation of Perjury; ‘Sodomy; Buggery;
Rape; Robbery; Stabbing; Mayhem;
Cutting; Maiming; Witchcraft; Bur-
glary; Breaking Prison; Receivers of
Stolen Goods; Larceny; Compounding
Larceny; Larceny, Petit; Felonies of
Death; Servants; Counterfeiting.
Cognfzable by the courts of quarter-
sessions,
Exceptions,
Certain offenses against the Indians
to be punished as if against a
British subject, . . . . . . . . . . . . . . . . ..
Party grieved to exhibit complaint
to governor, . . . . . . . . . . . . . . . . . . . ..
Who shall bring offender to punish-
ment, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Punishment for spreading false news
or creating fears and jealousies
among the Indians, . . . . . . . . . . . . ..
CRIMINIAL LAW. See Crimes.
Trials of high treason‘ to beaccord-
ing to the common and statute law
of Great Britain, . . . . . . . . . . . . . . . . .
Trials of petit treasons, misprision
of treason, murder, manslaughters,
homicides and other capital crimes
and misprisions to be according to
the laws of the province, . . . . . . ..
All crimes and offenses ‘to be in-
quired of and heard upon oath or
afﬁrmation, . . . . . . . . . . . . . . . . . . . . ..
False afﬁrmation to be perjury,....
Upon all trials of capital crimes,
prisoners to be allowed challenges,
learned counsel and process to
compel witnesses to appear, . . . . ..
35--—II “ .
charging, . . . . . . . . . . . . . . . . . . . ..111, 379
Penalty, how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . . ..111, 379
Liable to be removed from oflice for
third offense, . . . . . . . . . . . . . . . ..112, 379
CRIMES. ‘See Criminal Law; Felony;
. . . . . . . . . . . . . . . . . . . . . . . . 33-4
. . . . . . . . . . . . . . . . . . . . . . . . 33-4
60
61
61
61
200
200
200
201
201
' Page.
CRIMINAL LAW.——Continued.
Prisoners standing mute or chal-
lenging above twenty jurors to
lose beneﬁt of clergy, . . . . . . . . . . . .
Persons convicted or attainted of
crimes to be punished as the laws
of Great Britain direct, . . . . . . . . . .
How accessaries in capital crimes to
be proceeded against and pun-
ished,
How receivers of stolen goods and
harborers of felons to be pro-
ceeded against and punished,.....
Capias to issue for certain criminals
who will not appear to answer the
indictments against them, . . . . . .. 205
Proceedings upon such capias regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Criminals not appearing to be pro-
nounced outlawed and attainted,..
Persons breaking prison not ‘to have
judgment of life or member unless
cause of imprisonment required
such judgment, . . . . . . . . . . . . . . . . . .
Felons entitled to beneﬁt of clergy
to have beneﬁt of the act and be
burnt in the thumb without read-
ing, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Women felons claiming beneﬁt of
clergy to have same punishment
as men, . . . . . . . . . . . . . . . . . . . . . . . . .. 208
No one to twice have beneﬁt of
clergy or of the act, . . . . . . . . . . . . .
When accessaries may be indicted in
county other than that in which
‘the principal offense was com-
mitted, . . . . . . . . . . . . . . . . . . . . . . . . . ..
Duties of judges of supreme court
sitting in oyer and terminer and
gaol delivery upon such indict-
ments, . . . . . . . . . . . . . . . . . . . . . . . . . .. 209
How accessaries so indicted to an‘
swer, and be tried and pu=nished,.
Statute of 2d and 3d Edward VI for
the trial of murders, &c., to be
put in force, . . . . . . . . . . . . . . . . . . . ..
Statute of 5th Elizabeth for the pun-
ishment of perjury to be put in
force, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Judges of gaol delivery empowered
to give judgment of death where
not given by trial judge, . . . . . . . .. 210
201
202
204
Q I ' Q O O O O l O I b Q I I O t I I 6 ‘ I I I O I O
204
205
205
206
208
208
209
209
210
548 lhdan
Page.
CRIMINAL LAW.—Continued.
No process to be discontinued by
any new commission, or altering
names of judges, or by death or
removal, or not coming of the pro-
prietary, lieutenant-governor or
judges, . . . . . . . . . . . . . . . . . . . . . . . . .. 211
No imprisonment shall avoid the
awarding of execution to levy such
sums recovered as offenders fail
to pay, . . . . . . . . . . . . . . . . . . . . . . . . . .. 213
Evidence to convict thief may be
given by owners of stolen goods,. . 214
No indictment, presentment, inqui-
sition or process to be abated by
the act, . . . . . . . . . . . . . . . . . . . . . . . . . . 214
CROFWN.
Appeal from the supreme court lies
to the, . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
CURRENCY. :See Bills of Credit.
CURRIERS.
To curry leather in six days in sum-
mer or twelve in winter, . . . . . . . . . 262
Not to curry unsealed hide or skin
under penalty of ﬁfteen shillings,. 262
CUSTOMS. See Tariff; Taxes.
CUTTING. See Mayhem; Maiming; Mu-
tilation. -
Punishment for certain, to be death, 203
D.

DAMAGES, TR'E‘BLE.
Prosecutor in suits under act for
regulating the tanning of leather
liable to, upon nonsuit, . . . . . . . . .. 262
How such, are recoverable, . . . . . . .. 262
:DARBY.
Penalty for setting chimneys on
ﬁre in, . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
How recoverable, . . . . . . . . . . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . . . 253
Former penalty for setting chim-
neys on ﬁre in, repealed, . . . . . . . . . 253
DEBT. See County Debt; Imprison-
ment for Debt.
Limitation of action, . . . . . . . . . . . . . . . 12
DEB'I‘OR AND CREDITOR. See Im-
prisonment for Debt.
P
DEBTS UNDER FORTY SHILLINGS.
See Attachments.
Execution upon judgments for,
regulated, . . . . . . . . . . . . . . . . . . . . . . . . 28.
To be determined by justices of the
peace without appeal, . . . . . . . . . . . . 64
Not cognizable by any court, . . . . ..; 64
DECEDENTS’ ESTATES. See Court,
Orphans’.
DECLARATION.
‘To be taken by Quakers in lieu of
aﬁirmation upon application for
loan of bills of credit, .....386, 428-31
DEEDS. See Mortgages; Recorder of
Deeds.
Oﬁ‘ice for the recording of, estab—
lished in each county, . . . . . . . . . .. 53'
Recorder to provide books and re-
cord, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 53
All, of lands may be recorded, . . . . .. 53
To be acknowledged by the grantor, 53
In case of absence or death of
grant-or, to ‘be acknowledged by
two or more witnesses before a
justice of the peace, . . . . . . . . . . . .. 54
Justice of the peace taking acknowl-
edgment of witnesses ‘to certify
the same on back of, . . . . . . . . . . . . . 54
Recorder shall certify on back of,
date of record and number and
page of book where recorded, 54
Made out of the province to be ac-
' knowledged before a justice of the
peace or ‘mayor or chief magistrate
of place when executed, . . . . . . .. 54
Force and effect of, duly acknowl-
edged and recorded, . . . . . . . . . . .. 54
Certiﬁed copies to be as effectual in
law as the original, . . . . . . . . . . . .. 54
Effect of the words “gran-t, bar-
gain, sell,” . . . . . . . . . . . . . . . . . . . . . .. 55
Provisions of act not to apply to
leases at rack rent or not exceed-
ing twenty—one years, . . . . . . . . . .. 55
Penalties for forging any entry of
acknowledgment, certiﬁcates or en-
dorsements, . . . . . . . . . . . . . . . . . . . . . . . 55
Penalty for perjury, . . . . . . . . . . . . . . .. 55
No mortgage or ‘dc-feasible, shall be
good 'unl-ess acknowledged and re—
corded within six months, . . . . . . . . 55
age..
Index.
549
Page.
DEEDS—Continued. .
Mortgagees, when paid, to enter sat-
isfaction ‘on the margin of the
record, . . . . . . . . . . . . . . . . . . . . . . . . ..
Effect of such entry, . . . . . . . . . . . . . .
Penalty for failure to satisfy upon
request, . . . . . . . . . . . . . . . . . . . . . . . . .
How recoverable, . . . . . . . . . . . . . . . . ..
Recorder ‘of, for Philadelphia, ap-
pointed, . . . . . . . . . . . . . . . . . . . . . . . . . .
Prothonotaries of Bucks and Ches-
ter counties appointed recorders
of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recorders of, may be removed and
others appointed ‘by the courts of
quarter-sessions, . . . . . . . . . . . . . . . . .
Recorders of, to give bond, . . . . . . ..
Penalty for acting before giving
b-ond,
Fees of recorders of, regulated,
Penalty for taking greater (fees than
prescribed, . . . . . . . . . . . . . . . . . . . . . . .
Made by absent husband for any of
his realty without providing for
his wife and children to be void,
C U O I O I I I 0 I I I I l I I I O a 0 I Q 0 Q I l on
DEER. ‘See ‘Hunting.
Not to be killed except betwixt Jan-
uary ﬁrst and July ﬁrst, . . . . . . . ..
Penalty for unlawful killing, . . . . ..
Penalty, how recoverable, . . . . . . . ..
Application of penalty, . . . . . . . . . . ..
'Colnvicti-on-s for unlawful killing of,
to be mad-e within two months, . .
When persons at certain times shall
be deemed guilty of ‘unlawfully
killing, . . . . . . . . . . . . . . . . . . . . . . . . . .
Exception, . . . . . . . . . . . . . . . . . . . . . . . . .
DEFAiMA'TION 0F CHARACTER.
ISlan-der.
‘See
DEFAULT. :See Judgment.
DEFENDANT.
When arrested on :capias to furnish
bail as ordered ‘by the court, . . . . .
‘To stand committed until bail fur-
nished,
Condition of bail-piece or recogni—
zance ‘furnished ‘by, . . . . . . . . . . . . ..
To give notice to plaintiff or his at-
torney of intention to enter bail,
I u I O 0 I O I O O O t U O Q 0 I O 0 Q O Q O U I.
55
56
56
56
56
56
56
56
57
57
57
158
255
255
255
255
255
255
74
74
74
74
Page.
DEFENDANT—Continued.
May be delivered to sheriff by sure-
ties in discharge of bail-bond,.... 74
Imprisoned, to plead to plain-tiff’s
declaration, .' . . . . . . . . . . . . . . . . . . . .. 77
Plaintiff to have judgment where,
fails to plead, . . . . . . . . . . . . . . . . . . . . 77
Judgment against, in default of an
appearance, . . . . . . . . . . . . . . . . . . . . .. 77
May bring in cause to be tried if
plain-tiﬁ declines, . . . . . . . . . . . . . . .. 79
Entitled to notice of writ of in—
quiry, . . . . . . . . . . . . . . . . . . . . . . . . . .. 79
DELAWARE. See Government of New-
castle, Kent and Sussex upon Dela-
ware.
DELAJWARE ‘RIVER. See Ferries.
DELIN‘QUENT TAXES. See Taxes,
Provincial, Arrears of.
DELI'VTE‘RY. See Deeds. -
DETI'NUE.
Limitation of actions, . . . . . . . . . . . . .. 12
DISABILITIES, PERSONS UNDER.
Limitation of actions, . . . . . . . . . . . . .. 12
Proviso in favor of, . . . . . . . . . . . . .. 12
DISBURSEMEN‘T. See County Funds.
DISCLAIMER.
Plea of trespass gum'e clausum fregz't, 12
DISCOVERY. See Equity.
DISCRETIONAIRY POWER OF COURTS
0F QUARTER-SESSIONS.
To imprison for concealing exporta—
tion of lea-ther or raw hides, .. .. 259
To discriminate in setting prices on
beer and ale, . . . . . . . . . . . . . . . . . . .. 293
DI-SCRETIONARY POWER OF JUS-
TICES OF THE PEACE.
To punish paupers failing to wear
prescribed badge, . . . . . . . . . . . . . . .. 225
DISCRETIONARY POWER OF MAGIIS—
'DRAT‘ES.
To punish negroes or Indians guilty
of making, selling or using ﬁre-
works or using ﬁrearms in Phila-
delphia, . . . . . . . . . . . . . . . . . . . . . . . . .. 25e-
5 50 Index.

P .
DOMESTIC ATTACHMENT—Continuedfge
Powers, duties and compensation of
such auditors regulated, . . . . . . . .341-43
Overplus of such sales to be returned
‘to debtors, . . . . . . . . . . . . . . . . . . . . . . 343
Notice of sale of property taken in,
to be advertised in Weekly Mer-
cury or posted on court-house
doors, . . . . . . . . . . . . . . . . . . . . . . . . . .. 342
Act regulating, not to be construed
to repeal act about attachments
under forty shillings, . . . . . . . . . .. 343
Act regulating, not to be construed
to exempt persons or property li-
able to foreign attachment, . . . . .. 343
DO'MICILE.
O'f taxables not freeholders at time
of levy to be the place where taxes
are collect/able, . . . . . . . . . . . . . . . . .. 181
Process for collecting tax, . . . . . . . . . . 186
How acquired in certain cases, 222
DOVE. See Firearms.
DUTIES. See Taxes; Tariff; Internal
Revenue; Liquors. '
E.
Page.
DISORDER.
Court of quarter—sessions empowered
to suppress, in inn-s, taverns, &c., 293
DI-SS-EIZURE OF FREEHOLD OR LIB-
E'R'TIES.
Freemen exempt from, except by
judgment of twelve equals or the
laws of the province, . . . . . . . . . . .. 31
DISTRESS.
Levy against defaulting provincial
taxpayer ‘to be by, and sale, ....6, 7
‘Goods and chattels of defaulting
provincial taxpayer subject to, and
sale, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 88
Levy against defaulting taxables to
be ‘by, and sale, . . . . . . . . . . . . . . . .. 183
Levy again-st defaulting county com—
missioners to be by, and sale, 187
Penalty for making, selling or set—
ting off ﬁreworks or ﬁring guns or
other ﬁrearms in Philadelphia to
be levied by, and sale of the of—
fender’s goods and chattels, . . . . .. 254
Penalty for unlawful use of ﬁrearms
‘to be levied by, and sale of goods
and chattels, . . . . . . . . . . . . . . . . . . . .. 256
DISTRINGAS.
Writs of, to be issued by the su-
preme court, . . . . . . . . . . . . . . . . . . .. 67
DOCIKETFS O'F COURTS.
To be lodged with prothonotary, .. 82
‘Of common pleas to 'be kept by
clerks thereof, . . . . . . . . . . . . . . . . . .. 127
DOMESTIC ATTACHMENT.
No writ of, to issue except upon oath
or aﬂirm-ation made to certain
facts, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 340
Penalty for unlawful issuance of,.. 340
Penalty, how recoverable, . . . . . . . .. 340
Application of penalty, . . . . . . . . . . .. 340
‘Service of writs of, how made, 340
Procedure upon Writs of, regulated, 340-43
Garnishees in, to appear and answer
at the return of the writ, . . . . . . .. 340
No second, to issue unless ﬁrst not
executed or dissolved, . . . . . . . . . . .. 341
Upon return. of writs of, court to ap-
point auditors to sell property at-
tached and distribute proceeds rat-
ably among creditors, . . . . . . . . . . .. 341
EARS. See Mutilation.
Both, to be cut off as part punish-
ment for counterfeiting or uttering
counterfeit bills of credit, . . . . . .. 331
EJECTME'NT.
Judgment in, may be entered by
warrant of attorney upon default
in payment of ‘bonds for loans of
bills of credit, . . . . . . . . . . . . . . . . . .. 398
ELECTION. See Sheriff; Coroner;
Taxes; Bucks County; Chester County;
Philadelphia City and County.
01’ sheriffs, coroners and assessors
regulated, . . . . . . . . . . . . . . . ..139, 296-97
Certain acts regulating, continued in
‘ force, .......................... .. 140
For members of the assembly regu— ‘
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .296-97
For county commissioners regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .296-97
Index. _ 5 5 1
age.
P
ELECTION FOR MEMBERS OF AS-
SEMBLY.
Manner of voting at, . . . . . . . . . .296-97
ELECTION OF COUNTY ASSESSORS.
Regulated, . . . . . . . . . . . . . . . . . ..139, 296-97
In Philadelphia to be the same as
in other counties, . . . . . . . . . . . . . . . . 139
Time of holding, ﬁxed, . . . . . . . . . . .. 175
To be freeholders, . . . . . . . . . . . . . . . .. 175
How many to be elected, . . . . . . . .. 175
Certiﬁcate of election to be attested
and delivered to sheriff, . . . . . . . .. 175
Sheriff to certify to the court of
quarter-sessions, . . . . . . . . . . . . . . . .. 175 '
Clerks of the peace to enter, in min-
ute books, . . . . . . . . . . . . . . . . . . . . . . . 175
ELECTORS.
Sheriff and six, to certify to return
of election of county commission-
ers, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 297
ELEGIT, WRIT OF. See Execution.
When to issue, . . . . . . . . . . . . . . . . . . .. 80
EMPLOYER AND EMPLOYEE.
Employers of freemen subject to poll
tax to be liable for such tax, . . 186
Such freemen to repay tax paid by
employer, . . . . . . . . . . . . . . . . . . . . . . . . 186
Repayment of such tax, how en-
forced, . . . . . . . . . . . . . . . . . . . . . . . . .. 186
ENGLISH STATUTES.
Certain, ‘to be put in force, . . . . .203, 209
ENROLLMENT OFFICE. See Recorder
of Deeds.
EQUIT‘Y.
Jurisdiction of the supreme court in, 67
Process andvproceedings in, . . . . . . . . 67
Fees in the supreme court of, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 106
EQUITY OF REDEMPTION. See Mort-
gage.
ER-R'OR, WRIT OF.
To lie to the supreme court from the
court of quarter-sessions, . . . . . . . . . . 36
Upon, mayor, recorder and aldermen
of Philadelphia to certify tran-
script of record, . . . . . . . . . . . . . . . .. 36

Page.
ERROR, WRIT OF.——Continued.
After reversal or afﬁrmation upon,
they may proceed to execution or
otherwise, . . . . . . . . . . . . . . . . . . . . . .. 37
To be issued by the supreme court, 66
To be allowed by judges of the su-
preme court, . . . . . . . . . . . . . . . . ..80, 302
Plaintiff in, to enter security, . . . . .. 80
To ﬁnd better bail if required, . . . .. 81
Condition of bond, . . . . . . . . . . . . . . .. 81
To be a cupersedeas, . . . . . . . . . . . . .. 81
To be prosecuted within twenty
years, . . . . . . . . . . . . . . . . . . . . . . . . . .. 81
Proviso in favor of persons under
disabilities, . . . . . . . . . . . . . . . . . . . . .. '81
Parties aggrieved with judgment of
the court of quarter-sessions to
have a, . . . . . . . . . . . . . . . . . . . . . . . . .. 301
Upon, mayor, recorder and aldermen
of Philadelphia not to be required
to send record to the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 301
ERRORS, RELEASE OF.
To be inserted in warrants of attor-
ney given with bonds for bills of
credit loaned, . . . . . . . . . . . . . . . . . . .. 398
ESCAPE. ‘ .
Punishment for, not to exceed that
of cause of imprisonment, . . . . . .. 206
Punishment for, . . . . . . . . . . . . . . . . . .. 208
ESSOIN.
Not allowed, 46, 147, 153, 161, 166, 174, 193
195, 228, 232, 233, 262, 266, 271, 276,
291, 311, 317, 319, 323, 339, 360, 379
ESTIMATES. See County Estimates of
Taxes.
ESTRAYIS. See Pounds; Fences.
Persons taking up trespassing horses
or cattle to take them to nearest
poundkeeper, . . . . . . . . . . . . . . . . . . . . 241
Penalty for not delivering, to pound-
keeper and for removing them, 241
How owners of, to recover them, .. 241
Damages for trespasses by, how ad‘
justed, . . . . . . . . . . . . . . . . . . . . . . . . . .. 241
Duties of poundkeepers in regard to,
delivered to them, . . . . . . . 241
552
jhrakzr.
ESTRAYS—Continued.
Not claimed to be delivered to
poundkeepers in Philadelphia,
Chester and Bristol, who shall
superintend all other keepers and
Page.
pay their charges, . . . . . . . . . . . . . . . 241
Unclaimed to be sold, . . . . . . . . . . . .. 242
Sales of unclaimed, regulated, . . . . . . 242
How proceeds of sales of unclaimed,
may be recovered by owners, . .. 242
Rates to be paid persons who take
up, and keepers of pounds regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
ESTREAT.
Fines and- amercements in certain
courts to be estreated yearly into
the supreme court, . . . . . . . . .35, 46,
Which may issue process there-
on, . . . . . . . . . . . . . . . . . . . . . . . .35, 46,
EVIDENCE.
May be given upon attest by wit-
nesses who for conscience’ sake re—
fuse to take an oath, . . . . . . . . . . . ..
Form of attest, . . . . . . . . . . . . . . . . . . . ..
To have same effect as an oath, .
False witness upon attest to be per-
jury.
Punishment for, . . . . . . . . . . . . . . . . . ..
May be given upon afﬁrmation by
witnesses who scruple to take the
afﬁrmation formerly allowed, . ..
Form of, . . . . . . . . . . . . . . . . . . . . . . . . ..
A false afﬁrmation to be perjury, ..
.Penalty therefor, . . . . . . . . . . . . . . . . ..
Persons sued under the provincial
tax act may give the act and
special mat-ter in, . . . . . . . . . . . . . . ..
Burden of proof to be upon the im-
porter, possessor, or claimer of
goods when their liability to duty
is questioned, . . . . . ..116, 149, 155,
In suits against collectors of duties
under the act imposing certain
,' duties on imports, the act and
other special matter may be given
in, . . . . . . . . . . . . ..116, 149, 156, 274,
Bur-den of proof in regard to im-
ported negroes to be upon defend—
ant or possessor, . . . . . . . . . . . . . . ..
In the absence of such proof, the
negroes or their value to be for-
feited,
l e a I e e 0 I o a I e 0 o e v a I n I o I I 0 I I I I
I e I 0 e 0 I o I I n I e a l o O I I 0 l u e e 0 Q I
307
307
39
40
40
40
40
59
59
59
59
92
274
279
160
160
Page .
EVIDENCE—Continued.
Any person sued under the tax law
may, under the plea of the general
issue, give the act and special
matter in, . . . . . . . . . . . . . . . . . . . . . . .
Testimony of owners of stolen goods
to be good, to convict, . . . . . . . . . . .
In suits under the internal revenue
act, defendant may plead the gen-
eral issue and give the act and
special matter in, . . . . . . ..234, 285,
The custody of green deer skins or
fresh venison at certain times to
be good, to convict of killing deer
out of season,
Persons sued for anything done
under the act regulating the tan-
ning of leather may plead the gen-
eral issue and give the act and
187
214
413
special matter in, . . . . . . . . . . . . . . .261-62
Burden of proof of identity of for-
feited ﬂour to lie on owner or pos-
sessor,
‘Certiﬁed copies of mortgages given
as security for loans of bills of
credit to be, . . . . . . . . . . . . . . . . ..327,
In suits under act to improve the
breed of horses, defendants may
plead the general issue and give
the act in,
O I l O U 6 e O O e n I l U e O O O O 0 Q l O o O Q‘
O O Q I I I I O I I I I I Q C l I O I O C Q
EXCISE. See Taxes; Internal Revenue;
Liquors; License.
EXECUTION. See Bonds; Promissory
Notes; Feme Sole Traders; Liquors;
Goods and Chattel-s; Attachment.
Regulated on bonds given to or by
register-general, . . . . . . . . . . . . . . . . .
Upon judgments for debts under
forty shillings, . . . . . . . . . . . . . . . . . .
To stay upon appeals to Great
Britain, . . . . . . . . . . . . . . . . . . . . . . . ..
Justices of the peace to issue, against
the body and goods of defendant in
debts under forty shillings, . . . . . .
When alias with a testatwm to other
counties may be issued by the
court of common pleas, . . . . . . . . . ..
Officer refusing to proceed upon,
issued by the court of common
' pleas to be amerced and liable for
damages,
290
397
424
20 '
23
32
64
71
Index. 553
Mayor, recorder ‘and aldermen of
Philadelphia to proceed to, or
otherwise after reversal or afﬁrma—
tion by the supreme court, . . . . . .301-2
'Testatum, to issue upon sheriff’s
return of no goods and party not
found, . . . . . . . . . . . . . . . . . . . . . . . . . . . 306
Penalty on sheriff of another county
for refusal or neglect to execute
and return testatum writs, . . . . . .
Upon lands mortgaged to secure
loans of bills of credit to be by
writ of leeari facias,
Notice of sale of such land, how to
be given, . . . . . . . . . . . . . . . . . . . . . ..
No further estate to vest in vendees
than that mortgaged, . . . . . . ..337,
Land sold upon, not to be restored in
the event of a reversal of the judg-
ment, . . . . . . . . . . . . . . . . . . . . . . ..337,
Trustees of general loan oﬂice to
prosecute to judgment and, ac-
"tions against mortgagees found not
to have title to land mortgaged, .. 337
Sheriffs required to forbear serving
and returning certain writs of, .. 344
General stay of, granted until June
25, 1723, . . . . . . . . . . . . . . . . . . . . . . . . .. 344
Proviso, . . . . . . . . . . . . . . . . . . . . . . . . . .. 345
May afterwards issue against mem—
bers of the assembly, notwith-
standing discharge from arrest
during period of exemption, 360
307
. . . . . . . . . . . .. 336
337
400
400
witnessed,
I 0 e 0 I Q O e a I e e I o I O 0 l l O I 0 e
' Page. ' Page.
EXECUTION—Continued. ' EXECUTION—Continued.
vSuch amercements to be estreated Upon lands mortgaged to secure
into the supreme court, . . . . . . . . . .. 71 loans of bills of credit regulated, 400
wﬁ‘gjnﬁgjjess may issue against the 71 EXECUTION or means. See Deeds.
Not to issue upon certain judgments EXECUTION or Warns. See Service.
by default until next court, . . . . .. 78
When capias ad satisfaciendum, elegit, EXE‘QUTOGZS' _ security 17
lawn‘ and ﬁeri facias to issue, . . . . . . . 80 Wh'en’ glve ' ' ' ' ' ' ,' ' ' ' ' l7
Writ of error a supersedeas in . . . . . 81 To Invest by leave of Orphan.“ Cour ’
Against fame sole traders ’ regu_ To be responsible for principal only
lama ’ 157 if unable to invest, . . . . . . . . . . . . . . . 17
, . . . . . . . . . . . . . . . . . . . . . . . . .. A _' I 0 St’ 17
Against property of absent husbands Wlhe‘} to 98 name to Pa? “{tere 18
of fame sole traders regulated, .. 159 R_ecelpts glven by’ ‘to be bmdmg’ "
May be awarded against persons Discharge upon settlement of ac- 19
e e e l e o e e e a - e e e e e . e e - a e c e u e tal crimes . . . . . . . . . . . . . . . . . . . . . .. 206 Bonds to be Canceled’ ' ' ' ' ' ' ‘To be awarded against convicts to Mayt asslgn bonds ‘and Pro‘mlssory 51
levy certain Sums recovered I1? es, . . . . - . . - . - . . . . . . . . . . . . . . . . . .
against them and not paid . . . . . .. 213 Asslgnment to be “mier seal and 51
May bring suit in their own names
upon bonds and promissory notes, 52
Arrested upon capias
charged upon common bail, . . . . ..
Exceptions,
e I I I U O O I e a a i o e v e a 0 e I l O 0 I
to be dis—
Not to give security upon writ of
error unless ‘they have not given
security in register—general’s of-
ﬁce, . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
EXEMPLIFICATIONS. See Deeds.
EXEMPTION. ISee Taxes;
ment for Debt; Arrest.
Of members of assembly, &c.,
EXPORTS. See Flour; Wheat; Liquors;
Bread; ISlaves; Trade.
EX'TORTION. =See Fees.
F.
FACT. See Issues in ‘Fact.
FALL'S OF DELAWARE.
Ferry established at the, over Dela-
ware River, . . . . . . . . . . . . . . . . . . . . . .
Rates of ferriage established, . . . . . .
Joseph Kirkbride to erect and main-
tain said ferry, . . . . . . . . . . . . . . . . . . .
‘No other ferry to be established
within ‘two miles for eleven years,
Penalty for so doing, . . . . . . . . . . . . . ..
81
Imprison-
359
194
194
194
195
195
5 54 Index.
P
FALLS or DELAWARE—Continued. a“
Penalty, how recoverable, . . . . . . . .. 195
Application of penalty, . . . . . . . . . .., 195
Penalty for neglect to maintain ferry ~
at the, . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
‘Penalty, how recoverable, . . . . . . . 196
Application of penalty, . . . . . . . . . . .. 196
Proprietary or commissioners of
property to appoint another ferry—
man in place of one who refuses
to maintain ferry at the, . . . . . . 196
How person so appointed may ac—
quire necessary land, . . . . . . . . . . .. 196
FALSE NEWS, SPREADING.
Punishment for, among the Indians, 61
FAIJS‘E WITNESS. See Perjury.
FEES.
In capital cases in the supreme court
to be double the, taken in the
quarter-sessions, . . . . . . . . . . . . . . .69, 305
Of provincial ofﬁcers regulated, ..96, 367
All ofﬁcers to publish tables of their,
111, 379
No fees to he demanded without a
bill of particulars, . . . . . . . . . ..111,379
Receipt for amount of fees to be
given, . . . . . . . . . . . . . . . . . . . . . . . .111, 379
Penalty ‘for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . . .111, 379
Penalty, how recoverable, . . . . . ..111, 379
Application of penalty, . . . . . . . . ..111, 379
Penalty for third offense, . . . . . ..112, 379
Of collector of duty on negroes regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Of clerks of courts of common pleas
upon issuing writs regulated, 127,375
Of county assessors regulated, 188
Of county commissioners regulated, 188
Of the keeper of the great seal
regulated, . . . . . . . . . . . . . . . . . . . .. 96, 367
Of the master of the rolls regulated,
98, 369
Of the justices of the supreme court
regulated, . . . . . . . . . . . . . . . . . . . . .98, 369
Of the governor’s secretary as clerk
of the council regulated, . . . . . ..98, 370
Of justices of the peace regulated, 99, 372
Of the art'torne general regulated,100, 370
Of sheriff’s- regulated, . . . . . . . . . ..101, 371
Of coroners regulated, . . . . . . _ . ..102, 372
Of ‘the prothonotary or clerk of the
supreme court regulated . . . . ..102, 372

Page.
FEES—Continued.
Of the prothonotary or clerk of court
of common pleas regulated,. . . .104, 375
Of attorneys-at-law regulated,. . .107, 376
Of constables regulated, . . . . . . . .108, 377
Of juries and inquests regulated, 108,377
Of witnesses regulated, . . . . . . . ..108, 377
Of court criers regulated, . . . . . . . .108, 377
Of surveyors of lands reg-ulated,.109, 377
Of chain-carriers regulated, . . . . . .109, 378
Of comptrollers regulated, . . . . . . .110, 378
FELON CONiVICT.
‘Clergy.
.See Beneﬁt of
FEDO'N-IES OF DEATH.
Excepted from jurisdiction of the
court of quarter-sessions, . . . . . . ..33-4
To be tried before the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . ..68, 305
FELONY. See Robbing and Stealing;
Crimes.
Importers of servants who have been
convicted of, to pay a duty and
enter security for good behavior
for one year, . . . . . . . . . . . . . . . . . . .. 264
FEME COVERT. See Husband and
Wife.
Limitation of actions, . . . . . . . . . . . .. 12
Proviso in favor of, . . . . . . . . . . . . . . .. 12
FEME ‘SOLE TRADERS.
Married women whose husbands go
to sea, leaving them to gain their
livelihood, to be deemed, . . . . . . . .. 157
Empowered to sue and be sued with-
out naming their husbands, . . . . .. 158
Wlhen judgments are given_against,
execution shall be awarded against '
their goods and chattels, and not
against those of their husbands, .. 158
Except where such have paid debts
of their husbands or laid out
money for the support of them-
selves and children, . . . . . . . . . . . . .. 158
Alienation or mortgage of lands or
other estate by absent husbands
of, in certain cases to ‘be void, . . . . 158
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 158
When estate of absent husband of,
shall be liable for support of her
and their children, . . . . . . . . . . . . . .. 159
Index. 555
Page.
FENCES.
Need not be close at the bottom, . . 24
To be deem-ed lawful if not over nine 0
inches ‘from the ground to the
bottom and at least four and one-
half feet high, though not close at
the bottom, . . . ..' . . . . . . . . . . . . . . .. 243
FENCES, PARTITION. See Party
Walls.
In Philadelphia to be regulated by
surveyors and regulators of party
wall-s, . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
How, in Philadelphia to be made and‘
repaired, . . . . . . . . . . . . . . . . . . . . . . . . . 245
Cost of, in Philadelphia regulated, 245
Party repairing or setting up, to re-
cover one-half the cost from the
other party by suit, . . . . . . . . . . . . .. 245
.FERRIES.
'One established from High street,
Philadelphia, 'to Cooper's Point,
New Jersey, . . . . . . . . . . . . . . . . . . . .. 172
One established from Armstrong
Smith’s landing, adjoining Phila—
delphia, to Gloucester, New Jersey, 172
Armstrong Smith to furnish and
‘maintain landing places and boats
at said, . . . . . . . . . . . . . . . . . . . . . . . . .. 172
Rates of ferriage established, . . . . . . . 173
'No other, to be established within
two miles for seven years, . . . . .. 174
Penalty for so doing, .; . . . . . . . . . . . .. 174
Penalty, how recoverable, . . . . . . . . .. 174
Penalty for neglect of ferryman to
maintain, . . . . . . . . . . . . . . . . . . . . . . .. 174
And for demanding excessive rates, 174
Penalty, how recoverable, . . . . . . . . . 174
Application of penalty, . . . . . . . . . . . .. 174 ‘
Wlhen ferryman to be removed by
‘the county court and another ap—
pointed, . . . . . . . . . . . . . . . . . . . . . . . . .. 174
One established at the falls over
Delaware River, . . . . . . . . . . . . . . . .. 194
Joseph Kirkbride to erect and main-
tain said ferry, . . . . . . . . . . . . . . . . . .. 194
Rates of ferriage established, . . . . .. 194
‘No other ferry to be established
within two miles for eleven years, 195
Penalty for so doing, ... . . . . . . . . . . .. 19S
Penalty, how recoverable, . . . . . . . .. 195
35*——II
Page.
FERRIES.--Continued.
Application of penalty, . . . . . . . . . . . . . 195
Penalty for neglect of ferryman to
maintain ferry, . . . . . . . . . . . . . . . . . . 196
Penalty, how recoverable, . . . . . .. 196
Application of penalty, . . . . . . . . . . .. 196
Proprietary or commissioners of ‘
property ‘to appoint another ferry-
man in place of one who refuses to
maintain ferry, . . . . . . . . . . . . . 196
How person so appointed may ac-
quire necessary land, . . . . . . . . . . .. 196
One from New Bristol to Burlington
continued, . . . . . . . . . . . . . . . . . . . . . .. 197
One established at Solebury, on river
Delaware, . . . . . . . . . . . . . . . . . . . . . .. 316
John Wells to main-tain ferry at
Solebury, . . . . . . . . . . . . . . . . . . . . . . .. 316
Rates of fare on ferry at Solebury
established, . . . . . . . . . . . . . . . . . . . .316-17
No other ‘to be established within
two miles, for seven years, . . . . . .. 317
Penalty for so doing, . . . . . . . . . . . . . . . 317
Exception, . . . . . . . . . . . . . . . . . . . . . . . . . 317
Penalty, how recoverable, . . . . . . . . .. 317
Application of penalty, . . . . . . . . . . .. 317
Penalties imposed upon John Wells
for not properly main-taining ferry
at ‘Solebury, . . . . . . . . . . . . . . . . ..317-18
Penalty for charging excessive
rates, . . . . . . . . . . . . . . . . . . . . . . . . . . 317-18
Penalty, how recoverable, . . . . . . .317—18
Application of penalty, . . . . . . . . . ..317—18
For third offense ferryman to be re—
moved and another appointed by
the county court, . . . . . . . . . . . . . . . . . 318
One established over Delaware River
in Makeﬁeld township, . . . . . . . . . .. 318
Thomas Yardley to maintain ferry at
Makeﬁeld township, . . . . . . . . . . . . .. 318
Rates of ferriage in Makeﬁeld town-
ship regulated, . . . . . . . . . . . . . . . . . .. 318
Penalty upon Thomas Yardley for
not properly maintaining ferry
in Makeﬁeld township, . . . . . . . . . .. 319
Penalty for charging excessive rates, 3'19
Penalty, how recoverable, . . . . . . . .. 319
Application of penalties, . . . . . . . . . .. 319
No other to be established within
two miles for fourteen years, . . . . . 320
Penalty for so doing, . . . . . . . . . . . . .. 320
Application of penalty. . . . . . . . . . . .. 320
556 Index.
Page. Page.
FERRIES.——Continued. FINES—Continued.
Upon rein-sell of ferrymen to properly No justice or ofﬁcer to discharge or
maintain ferry in Makeﬁeld town- conceal any ﬁne or other forfeiture
..ship, proprietary to appoint an- unless by order of court which
Other, . - . - . - . - - - - - . - - - ~ - . - - - - - --,- 320 imposed it, . . . . . . . . . . . . . . . . . . . . .. 47
How such appointee may acquire Nor miscertify any or other forfeit-
neeessery lends. ---------------- H 320 lire, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 48
One established over river Schuylkill Penalty for violation, . . . . . . . . . . . . .. 48
at High Street, Philadelphia, - - - - -- 383 Penalty, how recoverable, . . . . . 48
Ferrymen employed at Such ferry ‘i0 All returns to be upon oath or aﬁflr-
reside on West side of river. ---- -- 383 mation, ........................ .. 48
Rates of ferriage to be charged on Form of oath, . . . . . . . . . . . . . . . . . . . 48
such ferry regulated, . . . . . . . . . . .. 384 Two judges of the supreme court to‘
Penalty fol‘ Operating another ferry determine all questions arising,.. 49
within certain distances, . . . . . . . .. 384 A11, and forfeitures .130 be paid to the
Penalty. how recoverable. - - - . - - . - H 384 provincial treasurer, . . . . . . .. 49
Application of penalty, . . . . . . . . . . .. 384 Provincial treasurer to pay the Same
'One over Neshaminy Creek estab- as appropriated and account to the
lished, . . . . . . . . . . . . . . . . . . . . . . . . . . . 417 governor and assembly, _ _ ' . _ o _ . _ . $9
. Rates of ferriage regulated, . . . . . . .. 418 His compensation, _ _ _ _ . _ _ _ . . ‘ t _ _ . _ __ 50
Penalty for no't properly maintain‘ The act not to prejudice the charter
ing ferry, . . . . . . . . . . ._ . . . . . . . . . . . . 418 rights of ,the city of Philadelphia’. 50 _
How ‘recoverable, . . . . . . . . . . . . . . . . .. 418 ‘An account to’ be kept of all licenses
Application of penalty, . . . . . . . . . . .. 418 f H. . d l. 50 \
_ _ or se ing wines an .1quors,.,. . ..
-J-oh_n Baldwin to have excluslve To be certiﬁed to provincial treas-
nght for Seven years’ ' ' ' ‘ ' ' ' ' " 419 urer, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 50
N0 othel? to be estabhshed wlthm Penalty for default, . . . . . 50
two miles, . . . . . . . . . . . . . . . . . . . .. 419 r-
. Penalty, how recoverable, . . . . . . . .. oi)
Penalty for so doing, . . . . . . . . . . . . . .. 419 Under provincial tax act, how levied’ 90
Penalty, how recoverable, . . . . . . 419 To be ad ‘to m i i 1 t . 91
_ _ p 1 p v no a reasurer,.
Application of penalty, . . . . . . . . . . . .. 419 Provincial treasurer to pay prosecw
FIERI F AC1 AS tor wherepersons convicted of fur-
' When to issue . . . . . . . . . . _ . . . . . . . . .. 80 mshmg hquors to or unlawfully
’ trading with the Indians are im-
FINES. prisoned for default, . . . . . . . . . . . .. 312
How to be paid in the court of quar-
ter-sessions, . . . . . . . . . . . . . . . . . . . .. 35 FIRE See Firearms; Fireworks-
All, to be estreated yearly into the Penalty for shipmasters and others
supreme court, . . . . . . . . . . ..35, 45, 300' using blazing, to bream ships, c.,
Penalty for ofﬁcers not making such or to heat certain inflammable sub-
return, . . . . . . . . . . . . . . . . . . . . . . . . . .. 46 stances. in Philadelphia, . . . . . . . .. 252
How recoverable, . . . . . . . . . , . , . , , , ,, 46 Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 252
Clerks of the peace and town clerks Penalty for unlawful use 0f, and
to send schedule of, yearly to the costs to be paid upon convictions
sheriff and a duplicate to the su- before certain magistrates 0f
preme court, , , , , , , _ , , , , _ , , _ , _ , _ , 46 Philadelphia, . . . . . . . . . . . . . . . . . . . . . 252
Penalty for failure to send such Application of penalty, . . . . . . . . . .. 252
schedule, . . . . . . . . . . . . . . . . . . . . . . .. 47 No, to be kept (candle excepted) on
Penalty, how recoverable, . . . . . . . .. 47 board vessels lying at Philadelphia '
Justices of the supreme court to after eight Oi’ClOCk P. M., . . . . . . . .. 252
award process for levying, Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 252
47, 49, 67, 303, 307 Penalty for violation, . . . . . . . . . . . . . . 252

Index. - 5 5 7
FIRE—Continued. Page'
Penalty for setting chimneys on, in
certain towns, . . . . . . . . . . .. 253
Penalty,.how recoverable, . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . . . 253
Former penalty for setting chimneys
on, repealed, . . . . . . . . . . . . . . . . . . . .. 253
FIRE, PROTECTION AGAINST. See
Bristol; Philadelphia; Germantown;
- Darby; Chester.
FIREARMS. See Hunting; Deer.
Penalty imposed for ﬁring guns or
other, in Philadelphia without li- .
cense and notice to the mayor, . . . . 253
Penalty, how recoverable, . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . . . 253
Failure to collect penalty to be fol-
lowed by imprisonment of guilty
person, . . . . . . . . . . . . . . . . . . . . . . . . . .. 254
Convictions for ﬁring guns or other,
to be made within ten days, . . . . . . 254
Negro or Indian slave using, in Phil-
adelphia to be whipped at discre-
tion of magistrate, . . . . . . . . . . . . 254
Penalty imposed for shooting at or
killing with, any pigeon, dove, par-
tridge or other fowl in Philadel-
phia, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 256
Penalty, how recoverable, . . . . . . . . .. 256
Application of penalty, . . . . . . . . . . .. 256
FIREWORKS. See Fire; Firearms.
Penalty imposed for making, selling
or using, in Philadelphia without
license and notice to the mayo-r,.. 253
Penalty, how recoverable, . . . . . . . . . .. 253
Application of penalty, . . . . . . . . . . . . . 253
Negro or Indian slave making, sell-
ing or using, to be whipped at dis-
cretion of magistrate, . . . . . . . . . . .. 253
Failure to collect penalty to be fol—
lowed by imprisonment of guilty
persona, . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Convictions for making, selling or
setting off, to be made within ten
days, . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 254
FIRING OF GUNS. See Firearms.
FIRING WOODS.
When notice to be given, . . . . . . . . . .. 25
Penalty for neglect, . . . . . . . . . . . . . . . . 25

Page.
FLAX. {See Tariff.
Du'ty on, imported regulated, 151, 238, 269
Duties upon, imported set apart to
sink certain bills of credit, . . . . . . . 333
Duty upon, imported repealed, . . . . . . 416
Proviso, . . . . . . . . . . . . . . . . . .7 . . . . . . . .416-17
FLOUR. See Inspectors of Flour and
Bread; Cask.
Receivable for provincial taxes,.... 86
Every cask of, for transportation to
bear brand-mark of bolter, . . . . . .. 288
Quality, packing and weighing of
wheat, regulated, . . . . . . . . . . . . . . .. 288
Penalty for adulteration, . . . . . . . . . .. 288
Penalty for fraud in packing, . . . . . .. 289
Penalty for making fraudulent in-
voice of, . . . . . . . . . . . . . . . . . . . . . . . .. 289
Inspector of, appointed, . . . . . . . . . . .. 289
Inspection of, regulated, . . . . . . . . . .289~90
The shipment of, found defective for—
bidden under penalty of forfeiture, 289
When penalties for unmer-chantable,
shall be paid by the possessor and
not the maker, . . . . . . . . . . . . . . . . . .. 290
Burden of proof of identity of for-
feited, to lie on owner or posses-
sor, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 290
Penalty arising out of the inspec-
tion of, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 291
Penalty, how recoverable, . . . . . . . . .. 291
Application of penalty, . . . . . . . . . . . . . 291
Duration of act regulating the in-
spection of, . . . . . . . . . . . . . . . . . . . . .. 291
Casks of, found ﬁt for exportation to
be branded with provincial brand-
ing iron, . . . . . . . . . . . . . . . . . . . . . . . .. 381
Fees of ofﬁcer for branding casks of,
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 381
FORECLOSURE OF MORTGAGES. See
Mortgages.
FOR'EIGN ATTACHMENT.
Act regulating, not to be construed
'to exempt persons or property
liable to foreign attachment, . . . . .. 343
FORESTALLING. See
Brewers ; Butchers.
Certain laws of Great Britain to be
enforced against brewers, butchers
and others who combine to ad-
vance prices, . . . . . . . . . . . . . . . . .. 294
Beer ; Ale ;
5 58 Index.
EORFEITURES. See Fines. Page‘
Hops illegally imported liable to,... 28
Of imported negroes illegally landed
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 118
Application of, . . . . . . . . . . . . . . . . . . . .. 118
FORGERY. See Counterfeiting.
Importers of servants who have been
convicted of, to pay a duty and
enter security for good behavior
for one year, . . . . . . . . . . . . . . . . . . . .. 264
FOUNDATIONS. See Party Walls.
FRANCHISE. See Electors ; Election.
FRAUDULENT CON'VEYIANCE.
Alienation or mortgage of lands or
other estate by absent husband of
feme sole trader, when to be deem-
ed a, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 158
Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 158
FRAUDULENTLY TAKING. See Lar-
ceny.
FREE SOCIETY OF TRADERS.
Lands of, vested in trustees for sale
and distribution, . . . . . . . . . . . . . . . .. 3'47
FREEHOLD.
Freemen not to be dis-seized of, but
by the judgment of his twelve
equals or by the laws of the prov-
ince, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
FREEHOLDERS.
Arrested upon capias to be dis-
charged upon common bail, . . . . .. 75
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 75
County assessor to be a, . . . . . . . . . . .. 175
Six, to certify elections of county
assessors, . . . . . . . . . . . . . . . . . . . . . . .. 176
Civil actions against, not to be com-
menced by arrest, . . . . . . . . . . . . . . .. 358
Original process against, to be by
summons, . . . . . . . . . . . . . . . . . . . . . . .. 358
' Form of summons against, . . . . . . .. 358
Practice‘ in actions against, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . . 358-59
Writs of arrest to abate upon proof
that defendant is a freeholder,. . .. 358
Costs to be given, upon abatement of
writs of arrest, . . . . . . . . . . . . . . . . .. 358
Deﬁned, . . . . . . . . . . . . . . . . . . . . . . . . . .. 359

FREEMEN.
Privileges of, regulated, . . . . . . . . . . .. 31
Not to be imprisoned, disseized, out—
lawed, tried or condemned but by
the judgment of his twelve equals
or by the laws of the province, . . . 31
What shall be assessed per poll for
county taxes, . . . . . . . . . . . . . . . . . . .. 179
‘To repay employer or owner of his
place of habitation for county poll
tax paid by either for him, . . . . . . . 186
How repayment of poll tax to be en-
forced from such, . . . . . . . . . . . . . .. 186
FRIENDS.
May take an attest instead of an
oath, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 40
Form of attest, . . . . . . . . . . . . . . . . . . . . . 40
Form of afﬁrmation provided for,. .. 59
FUNDS, COUNTY. See Taxes.
G.
GAME. See Hunting; Deer; Firearms.
GAOL.
Penalty for refusal of keeper of, to
safely keep defendant surrendered
or delivered by his sureties, . . . . .. 75
Penalty, how recoverable, . . . . . . . . .. 75
GAOL DELIVERY. See Courts; Court
of Quarter-Sessions; Court, Supreme.
To be made from time to time by
judges of the supreme court, .. 69
GARNLSHEES.
To appear and answer at the return
of writs of attachment, . . . . . . . . . .. 340
GAUGERS.
Of liquors and molasses appointed,. . 322
GENERAL ASSEMBLY.
To appoint successor to collector of
duties, . . . . . . . . . . . . . . . . . ..115, 154, 273
Committee of the, to sink and de-
stroy bills of credit after auditing
the accounts, . . . . . . . . . . ..332-34, 403-4
To order disbursement of interest on
bills of credit, . . . . . . . . . . . . . . ..332, 405
When members of the, to be exempt
from summons, arrest or execu-
tion in civil actions, . . . . . . . . . . . .. 359
Index.
559
Page.
GENERAL ASSEMBLY.-—-Con-tinued.
Members of the, improperly arrested
to be discharged upon order of the
Speaker, . . . . . . . . . . . . . . . . . . . . . . . . .
Penalty for improperly granting or
serving process against members
of the, . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalty, how recoverable, . . . . . . . . ..
Application of penalty, . . . . . . . . . . . .
Judgment and execution ‘to be after-
wards effective against members
of the, notwithstanding discharge
from arrest during period of ex-
emption, . . . . . . . . . . . . . . . . . . . . . . . . .
Pay of members regulated, . . . . . . . . .
Committee of the, to have access to
accounts of trustees of general
loan ofﬁce, . . . . . . . . . . . . . . . . . . . . . ..
GENERAL LOAN OFFICE. See Loan
Office, General.
GERMANTOWN.
Penalty for setting chimneys on ﬁre
in, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Penalty, how recoverable, . . . . . . . ..
Application of penalty, . . . . . . . . . . . ..
Former penalty for setting chimneys
on ﬁre in, repealed, ._ . . . . . . . . . . . . .
GIFTS. See Religious Societies; Deeds.
GLOUCESTER, NEW JERSEY.
Ferry from Philadelphia to, estab—
lished, . . . . . . . . . . . . . . . . . . . . . . . . . . .
GOATS.
At large in Philadelphia to be for-
feited, . . . . . . . . . . . . . . . . . . . . . . . . . . .
GOODS AND GHLAT'PEL'S. See Feme
e Traders.
Of defaulting taxpayer subject to
distress and sale, . . . . . . . . . . . . . .88,
Of feme sole traders made liable to
execution, . . . . . . . . . . . . . . . . . . . . . . .
359
359
360
360
360
379
393
253
253
253
253
17 2
24
183
158

Of absent husbands of fame sole
traders not to be liable to execu-
tion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions, . . . . . . . . . . . . . . . . . . . . . . . .
Of defaulting collectors of county
taxes liable to seizure and sale,. . .
Of defaulting county commissioners
liable to distress and sale, . . . . . . .
Of certain outlaws to be forfeited, . .
158
158
, 185
187
205
. P
GOODS AND CHATTELS.——C0ntinued.
age.
How such, to be disposed of, . . . . .. 205
Of persons convicted of capital
crimes to be attachable for their
debts, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
To be restored to owner by persons
convicted of larceny, . . . . . . . . . . .. 211
Of persons convicted of crime to be
liable to seizure and sale for pay—
ment of certain sums if not paid,. . 213
_ 0f oﬁenders against internal reve-
nue laws to be liable to levy and
sale, . . . . . . . . . . . . . . ..233, 251, 286, 413
Penalty for making. selling or set-
ting off ﬁreworks or ﬁring guns or
other ﬁrearms in Philadelphia to
be levied by distress and sale of
the oﬁender’s, . . . . . . . . . . . . . . . . . .. 254
Application of penalty, . . . . . . . . . . .. 254
Penalty for unlawful use of ﬁrearms
to be levied by distress and sale
of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 256
Application of penalty, . . . . . . . . . . .. 256
Persons convicted of furnishing 1i-
quors to or unlawfully trading
with the Indians, and having no,
to be imprisoned without bail, . . . . 312
Penalty for counterfeiting, &c., bills
of credit to be levied of the, of
the oﬁender, . . . . . . . . . . . . . . . . .331, 406
Application of penalty, . . . . . . . ..331, 406
Attached, to be appraised and inven-
toried, . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
Taken in domestic attachment to be
sold by auditors and proceeds dis-
tributed ratably among creditors,
341-42
Overplus of such sales to be returned
to debtors, . . . . . . . . . . . . . . . . 343
GOVERNMENT OF NEWOASTLE,
KENT AND SUSSEX UPON DELA-
WARE.
Circular boundary line between, and 1
Pennsylvania, . . . . . . . . . . . . . . . . . . . 44
Oﬁicers of, forbidden to levy taxes
upon inhabitants north of circular
line, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
Penalty upon oﬁicers offending, . . . . 45
Penalty, how recoverable, . . . . . . . . . . 45
Exception in- favor of, in prohibition
to export leather and raw hides, .. 258
560
Index.
GOVERNMENT OF NEWCASTLE, &c.
-—C~ont-inued. - >
No duty to be paid on products of,
imported from the, . . . . . . . . . . . . . ..
GOVERNOR. See Governor and Coun-
cil; Lieutenant—Governor.
To issue licenses to trade with the
Indians upon recommendation of
judges of the quarter-sessio-ns,...
To commission judges of the supreme
Page.
365
62
court and prothonotary thereof,. .66, 67
To commission a competent number
of persons as justices of the court
of common pleas, . . . . . . . . . . . . . . . .
Exempt from provincial ‘taxes,
To‘appoint county commissioners in
place of any who refuse or neglect
to do their duty or die, . . . . . . ..91,
Fees of secretary of, regulated,. ,. . .98,
Fees of, in naval affairs, regulated,
I 110,
Table of fees to be constantly ex-
posed rto public view in his ofﬁce,
111,
No fees to be demanded without a
bill of particulars, . . . . . . . . . . . . .111,
Receipt for amount of fees to be
given, . . . . . . . . . . . . . . . . . . . . . . . .111,
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . . .111,
Penalty, how recoverable, . . . . . ..111,
Application of penalty, . . . . . . . . ..111,
Liable to removal from ofﬁce for
third oﬁense, . . . . . . . . . . . . . . . . . . 112,
To have one-half of certain for-
feitures, . . . . . . . . . . . . . . . . . . . . . .118,
To ﬁne county commissioner for re-
fusal or neglect to do his duty, 124,
Penalty, how recoverable, . . . . ..124,
Estate of, not to be assessed for tax—
ation, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
GOVERNOR AND COUNCIL.
When to appoint provincial treas-
urer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
When to appoint successor ‘to collec-
tor of duties, . . . . . . . . . . ..115, 155,
GOVERNOR'S SECRETARY. See Clerk
of the Council.
69
83
124
370
370
379
37 9
37 9
37 9
379
379
37 9
294
135
135
191
273
t GRAND JURY.

When presentments of the, to courts
of quarter-sessions and supreme
court of oyer and terminer are to
be delivered, . . . . . . . . . . . . . . . . . . . . .
To remove derelict ferryman at
Solebury and appoint another, . . . . .
And county court empowered to ﬁx
rates to be paid by certain ferry-
men for necessary lands, . . . . . . ..
When the county court and, may
alienate lands held by certain fer-
rymen,
I I a U O I 0 I Q 0 I I I O l I I I I O 0 0 I I I O.
GRAND LAROENY. See Larceny.
GREAT BRITAIN. See Appeals.
Act regulating appeals to, . . . . . . . ..
Supreme court to proceed in equity
as in courts of chancery and ex-
chequer in, . . . . . . . . . . . . . . . . . . . . ..
Trials of high treason to be accord-
ing to the common and statute
law of, . . . . . . . . . . . . . . . . . . . . . . . . ..
Persons convicted or attainted of
crimes to be punished as the laws
of, direct, . . . . . . . . . . . . . . . . . . . . . . ..
Certain statutes of, to be put in
force, . . . . . . . . . . . . . . ..203, 209,
GROUND RENTS. See Proprietary
Quit-Rents.
Bills of credit to be loaned upon
lands subject to certain, . . . . . . . . .
Lands subject to, to be accepted as
security for bills of credit, . . . . . . .
GUARDIAN AND WARD.
Guardian to invest by leave of Cr-
- phans’ court, . . . . . . . . . . . . . . . . . . ..
To give security, . . . . . . . . . . . . . . . . ..
To be responsible for principal only
if unable to invest, . . . . . . . . . . . . ..
When to be liable to pay interest,. .
Appointment of guardian, tutor and
prochein amy, . . . . . . . . . . . . . . . . . . . . . .
Guardians to sue or defend in any
court, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Binding out minors as apprentices,.
Receipts given by guardians to be
binding upon minors, . . . . . . . . . ..
Discharge of guardians upon settle-
ment of accounts, . . . . . . . . . . . . . . . .
Page.
34
318
320
320
32
68
200
201
294
386
387
17
17
17
17
is
18
19
19
19
. Index. 56 I
GUARDIAN AND WARD—‘Continued. Page'
Bonds to be canceled, . . . . . . . . . . . . .. _ 19
Guardians to be of same religious
persuasion as minors, . . . . . . . . . . . .. 19
GUNS. See Firearms.
H.
HABEAS CORPUS, WRITS OF;
'To be issued by the supreme court,
‘f‘ 1. 66, 302
Not to issue to stay proceedings
under provincial tax act, . . . . . .. 92
Certain proceedings against county
collectors not to be stayed by, 187 .
HARBORIN'G AND C-ONCEALING
MINORS OR SERVANTS.
Penalty for, . . . . . . . . . . . . . . . . . . . . . .. 250
Penalty, how recoverable, . . . . . . . .. 250
HEMP.
Bounty upon, established, . . . . . . . . . . 314
Warehouse for storage of, establish- ‘
ed, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
How bounty upon, shall be paid, . .314-15
Oath to be taken by parties claim-
ing bounty upon, . . . . . . . . . . . . . .314—15
Feesupon, entitled to bounty regu—
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
Storage and re-delivery of, after
bounty paid regulated, . . . . . . . . . . . 315
Collector of ‘the port to receive, view
and pay bounty upon, . . . . . . 315
HIDES. iSee Leather.
HIGH See Treason.
HIGHWAYS.
Penalty for unlawfully drawing
carts, wains or wagons upon, in
Philadelphia, . . . . . . . . . . . . . . . . . . . . . 23
HIGHWAYS, OVERSEiERS CF.
Duties of, . . . . . . . . . . . . . . . . . . . . . . . . . 25
To summon inhabitants to work on, 25
Penalty for neglect, . . . . . . . . . . . . . .. 25
,HOMICIDE.
Murder, manslaughter and, to be
tried according to the laws of the
province, .. . .' . . . . . . ., . . . . . . . . . . .. 201
Any woman killing or concealing the
death of her bastard child to suf-
fer death, . . . . . . . . . . . . . . . . . . . . . . . . 202
Exception, . . . . . . . . . .. 202

Page.
HOMICIDE.——Continued.
Persons advising a woman to kill
her bastard child to suﬁer death if
‘she kills it, . . . . . . . . . . . . . . . . . . . . .. 202
Aiders and abettors in stabbing to
be deemed accessaries, not prin-
cipals, . . . . . . . . . . . . . . . . . . . . . . . . . .. 203
When aocessaries to murder in one
county may be indicted in another
county, . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Duties of judges upon such indict-
ments, . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
Importers of servants who have been
convicted of, to pay a duty and
enter security for good behavior
for one year, . . . . . . . . . . . . . . . . . . .. 264
HOPS. See Tariff.
Duty on imported, regulated,
27, 112, 151, 238, 269
Illegally imported, liable to forfei--
ture, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28
Duties upon, imported set apart to
sink certain bills of credit, . . . . . . . . 333
Duty upon, imported repealed, 416
Proviso, ...... ........... .'......416-17
HORSES. See Pounds; Estrays.
Courts of quarter-sessions to regu-
late prices for provender for,. . . . . 37
Stallions above eighteen months old
not to run at large unless of cer-
tain proportions, &c., . . . . . . . . . . .422-23
How height of such, to be deter-
mined, . . . . . . . . . . . . . . . . . . . . . . . . . 422-23
Stallions not as above described to
be taken up and gelt, . . ._ . . . . . . . .422—23
Owner of such, to pay ten shillings
for gelding, . . . . . . . . . . . . . . . . . . ..422-23
How such sum to be recovered, . . .422-23
Proof to be made that horse is well
one month after gelding, . . . . . . .. 422
Taken and gelt, no owner appearing
for twelve months, to be sold, 423
Sales of such, regulated, . . . . . . . . . . . 423
Proceeds of such sales to be paid to
county treasurer, . . . . . . . . . . . . . . . . 423
No unlicensed" person to range in
woods after, under penalty of
suffering as a horse-stealer, 423
Rangers to be appointed by courts
of quarter-sessions, . . . . . . . . . . . . .. 424
Rangers to take up all, and mares
for which no owner can be found, 424
5c 2 Index.
Page.
HORSES—Continued.
Such, to be sold after notice posted
for one year, . . . . . . . . . . . . . . . . . . ., 424
Sales of such, regulated, . . . . . . . . . . . 424
HOSPITALS. ' I
Lands for, may be purchased by re-
ligious societies, . . . . . . . . . . .. 38
HOUSEHOLDER.
To give names and estates of persons
dwelling with 'him, . . . . . . . . . . . . .. 90
Penalty for failure, . . . . . . . . . . . . . . .. 90
HOUSE OF CORRECTION.
Courts of quarter—sessions author-
ized to order the erection of, 168
Court of quarter-sessions to make
orders governing, . . . . . . . . . . . . . . .. 168
Offenders to be committed to, by
court of quarter-sessions, . . . . . . . .. 168
To be conveyed in trust to persons
appointed by the courts of quar-
ter-sessions, . . . . . . . . . . . . . . . . . . . .. 168
For what purposes, to be used, . . . . . 168
When to (be built in the several
counties, . . . . . . . . . . . . . . . . . . . . . . . . . 169
A president, treasurer and assistants
for, to be chosen and vacancies
ﬁlled by courts of quarter-ses-~
sions, . . . . . . . . . . . . . . . . . . . . . . . . . .. 169
Oﬂicers of, to be accountable to
courts of quarter-sessions, . . . . . 169
Oﬁicers of, may be removed by the
said court for cause, . . . . . . . . . . . . . 169
Officers of, created bodies politic, . . . 170
Powers and duties of ofﬁcers of,
regulated, . . . . . . . . . . . . . . . . . . . . . . . . 170
Money for support of, to be raised as
county rates are, . . . . . . . . . . . . . . . . 170
Limitation upon amounts to be
raised, . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
How subordinate ofﬁcers for, are-to
be appointed and compensated,... 171
Persons convicted of capital crimes,
praying the beneﬁt of the‘ act in
lieu of clergy, may be committed
to, at discretion of justices, 207
Penalty for making escape from, . . . 208
Persons escaping from prison to be
committed to, . . . . . . . . . . . . . . . . . . .. 208
Keepers of, neglecting their duty to
be removed, . . . . . . . . . . . . . . . . . . . .. 208

age-
~ P
HOUSE OF CORRECTION—Continued
Offenders to be committed to, upon
third conviction of larceny, . . . . . . 211,
HOUSE OF REPRESENTATIVES. See
General Assembly.
HUNTING. See Firearms; Deer.
Penalty imposed for carrying guns
or, on another’s land without per-
mission, . . . . . . . . . . . . . . . . . . . . . . .255-56;
Penalty, how recoverable, . . . . . . . . . . 256.
Application of penalty, . . . . . .. 256
How oﬁenders to be convicted for
unlawful, . . . . . . . . . . . . . . . . . . . . . . 255-55.
HUSBAND lAND WIFE. See Femc Sole
Traders; Feme Covert; Execution.
When wives of absent mariners and
others are to be deemed feme sole
traders, . . . . . . . . . . . . . . . . . . . . . . . . . .~ 157
Alienation or mortgage of lands or
other estate by certain absent hus-
_ bands, without making provision
for the maintenance of their wives
and children, declared null and
void, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Except so far as necessary to relieve
the husband and bring him home
in case of shipwreck or other
casualty, . . . . . . . . . . . . . . . . . . . . . . . . . 158
Estates of husbands leaving wives
and children destitute, or living
absent in adultery and not return-
ing for seven years, liable for their
, support, . . . . . . . . . . . . . . . . . . . . . . . .. 153
Half the property of outlawed crim—
inal to go to his wife and children, 205
I.
IMMIGRANTS.
May import negroes for their own
service free of‘ duty, . . . . . . . . . . . .. 119
IMMIGRATION. See Servants.
IMPAIRLLAN CE. ‘
Not more than one, allowed, . . . .46, 147,
153, 161,174, 193, 230, 232, 245, 262,
27-1, 276, 291, 317, 339, 360, 379, 384
IMPOSTS. See Taxes; Tariff; Internal
Revenue; Liquors; Hops; Flax; Slaves;
Servants.
IMPOUN'DI-N-G. See Pounds.
IIMPRISONMEN‘T. see Bail; 'Freemen.
Index.
563-
IMIPRIISONMENT FOR DEBT.
Persons unable to pay debts under
forty shillings liable to, . . . . . . . ..
Defaulting taxables subject to, where
Page.
23
no distress can be found, . . . . . . . .. 183
Defaulting county commissioners
made subject -to, . . . . . . . . . . . . . . . . .
Person-s charged with or convicted
of capital crimes ‘to be liable to
187
arrest for debt, . . . . . . . . . . . . . . . . . . . 206
Offenders under the internal revenue
act to be imprisoned until satis-
faction be made, . . . . . . . . .233, 286,
Persons ﬁned ‘for refusing to give
evidence ‘under internal revenue
act to be imprisoned until ﬁne be
paid, . . . . . . . . . . . . . . . . . . . .235, 285,
IMPRISONMENT OF PERSON.
Defaul-ting provincial taxpayer sub-
ject to, until payment made, . . . . .
For non-payment of ﬁnes imposed
by liquor laws, . . . . . . . . . . . . . . . . . . .
Offenders eonvic-ted of unlawfully
! making, selling or using ﬁreworks,
ﬁring guns or other ﬁrearms in
Philadelphia and refusing to pay
ﬁne to be imprisoned without bail,
For want of ‘distress, offenders guilty
of unlawful use of ﬁrearms to be
imprisoned without bail or main-
prise, . . . . . . . . . . . . . . . . . . . . . . . . .
‘Authorized in default of payment of
penalty for ad'ulterasting ale or
beer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons convicted of furnishing
liquors to or unlawfully trading
with the Indians and having no
goods and chattels to suffer, with—
out bail, . . . . . . . . . . . . . . . . . . . . . . . ..
I'N'DI-AN TRADERS. See Indians.
INDIANS. See Negroes; Servants. _
Charges of treaties with, how d-e-
frayed,
Provincial treasurer to account to
the assembly for expenses on ac-
count of,
I O I I i O I I I I I O 0 D I U Q O O O I O Q O on
I Q O Q I C I I O O Q b I Q O I O O Q D I I .-
Certain offenses against, to be pun-I
ished as if against a British sub-
jec‘t:
=Par-ty grieved to exhibit complaint
to the governor, . . . . . . . . . . . . . . . ..
36-—II
I O C l U U O C Q I ' U O Q O Q I I Q I Q Q O . Q . U ‘I
413
414
88
251
254
256
292
312
60
60
60
61
Page.
INDIAN S.—Con tinned.
Who shall bring offender to punish-
ment, . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Punishment for spreading false news
or creating fears and jealou-sies
among,
Trading with, forbidden without li-
cense from the governor, . . . . . .61,
Exception, . . . . . . . . . . . . . . . . . . . . . . 62,
License to issue upon recommenda-
tion of the justices of the court of
quarter-sessions, . . . . . . . . . . . . . .61,
Security to be given, to trade hon-
estly and observe the laws, Fee for license, . . . . . . . . . . . . . . . . . .62,
No one to sell liquors to Indian
servants or harbor them without
a permit from the master, . . . . . . . .
Penalty for selling to, without spe-
l O I O C I O O Q I I I O O O O I I I O O O Q I O.
61
61
311
311
311
61
3'11
250
cial license, . . . . . . . . . . . . . . . . . . . . . . . 250»
Penalty, how recoverable, . . . . . . . . . .
Slave convicted of making, selling
or using ﬁreworks or using ﬁre-
arms in Philadelphia to be
whipped at discretion of magis-
trate, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Free, in possession of deer skins or
ﬂesh, when not to be deemed
guilty of killing deer ‘out of sea-
son,
0 u u O o 0 O I 0 0 o 0 O Q b I l I 0 I a a 0 o o a o 0 l
250
254
255
Penalty for furnishing liquors to the, 310~
Penalty, how recoverable, . . . . . . . .310-11
Application of penalty, . . . . . . . . . . .310-11
Penalty for carrying'liquors amongst
the, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Proviso permitting rum to be given,
at treaties, . . . . . . . . . . . . . . . . . . . . . .
'Persons convicted‘ of furnishing liq-
uors to or unlawfully trading with
the, to be imprisoned if unable to
pay ﬁne,
'Proeeedings against persons sus-
pected of furnishing liquors to the,
regulated, . . . . . . . . . . . . . . . . . . . . . . . .
311
312
I D I I I O I I I I O O O I Q O I O O I I I O O
312
INDIC'I‘MEN T.
Not determinable in the quarter-
sessions to be delivered to the su-
preme court, . . . . . . . . . . . . . . . . . . . . 34 -
For treason, murder and other fel-

onies of death to be tried in the
‘supreme court, . . . . . . . . . . . . . . . . ..
68
-
a.
564 .[ 124616.
Page.
INDICTMENT.—Continued.
Removal of, to the supreme court
by cert'iorari regulated, . . . . . . . . . . . 82
Practice upon such removal, . . . . . . . 82
Certain defective, in Chester county
cured, . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
May be found against accessaries
in county other than that in which
principal offense was committed,. . 208
Duties of the justices of the su-
preme court upon such, . . . . . . . . . . 208
No presentment, inquisition or pro-
cess pending to be discontinued,
abated or quashed by the act, . . . . 214
Court of quarter-sessions to issue
writs into any county to take per-
sons indicted, . . . . . . . . . . . . . . . . . . .. 301
Mayor, recorder and aldermen of
‘Philadelphia upon writ of error
need not certify, into the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . . . . . 301
INFANTS.
Rights of, to land not to ‘be preju-
' diced, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1‘2
INFORMER.
One-third of penalty for selling
liquors contrary to the act imp-os-
ing an excise duty ‘to go to prose-
cuting, . . . . . . . . . . . . . . . . . . . . . . . .28, 142
One-third of hops forfeited for land-
ing without a permit to go to
prosecuting, . . . . . . . . . . . . . . . . . . . .. 28
One-half of proceeds of forfeited ne-
groes to go to, . . . . . . . . . . . . . . . . . 118
Onee'half of forfeitures f-or non-pay-
ment of duties on negroes im-
ported to go to prosecuting,
161-62, 276
One-half of penalties for killing deer
out of season to go to, . . . . . . . . . . . . 2'55
One-half of penalties for the unlaw-
ful use of ﬁrearms to go to, . . . . .. 256
IN'HABITANTS.
Deﬁned for purposes of tariff act,.. 366
INJUNCTION'S.
To be issued by the supreme court, 66

INN. See Innkeepers; Taverns; PublicPa
Houses; Liquors.
‘Keepers of public houses and, not
to give credit exceeding twenty
shillings under pen-alty of losing
the debt, . . . . . . . . . . . . . . . . . . . . . . .. 249
Not to be kept unless licensed, . 292
Powers of court of quarter —sessions
to regulate sale of liquors and sup-
press disorders in an, . . . . . . . . . . . . 293
INN‘KEEPERS. 'S-ee \Public
Keepers.
Penalty on, exceeding prices set by
court of quarter-sessions on liq-
House
uors retailed, . . . . . . . . . . . . . . . . . . . . 199
Penalty on for harboring minor-s or
servants, . . . . . . . . . . . . . . . . . . . . . . . . 250
To lose licenses for third oﬁense of
harboring minors ‘or servants, . . . 250
Not to give credit exceeding twenty
"shillings under penalty of losing
the 'debt, . . . . . . . . . . . . . . . . . . . . . . . . 250
Suits by, for debts above twenty
shillings or against servants to
abate and the plaintiff become
nonsuit and pay double charges, . 251
To be licensed by court ‘of quarter-
sessi-ons, . . . . . . . . . . . . . . . . . . . . . . . . . 292
To. enter security, . . . . . . . . . . . . . . . . . . 292
Fees to be paid by, for license, . . . . 292
Forbidden to use certain games, .. 292
To maintain goo-d order, . . . . . . . . . . . 292
Forbidden to sell wine, brandy, rum,
&c., . . . . . . . . . . . . . . . . . . . . . .‘ . . . . . . . 292
Brewing ale or beer for their own
use to be bound not to adulterate, 293
Recognizances of, to be entered of
l ' record in the court of quarter-ses-
sions, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 294
Proviso allowing, to sell liquors at
wholesale, duty free, repealed, .. 363
INQUESTS. .See Criminal Law; Coro-
ner’s Inquest.
INQUIRY, WRIT OF.
Proceedings upon a, . . . . . . . . . . . . .72, 307
Judgment thereon, . . . . . . . . . . . . . 72
Order in the nature of a, to be made
by judges giving interlocutory
’ judgments, . . . . . . . . . . . . . , . . . . . . . . . 307
Jna’ex. 565
INSPECTOR OF FLO-UR AND BREAD.
Appointed, . . . . . . . . . . . . . . . . . . . . . . . .. 289
Powers and duties of, regulated, 289-90
Disputes with, to be determined by
Page. Page.
.IN‘SPECTOR OF BEER AND ALE. INTERNAL REVENUE—Continued.
Appointed, . . . . . . . . . . . . . . . . . . . . . . . . . 294 Retailers of liquors to register their
Powers of, regulated, . . . . . . . . . . . . . .. 294 names with the collector and ob-
Empowered to ‘sue for certain penal- ‘tain a permit, . . . . . . . . . . .229, 280, 408
ties ‘or forfeitures, ' . . . . . . . . . . . . . .. 294 Such retailers to report to collector
Compensation of, regulated, . . . . . . .. 294 quarterly and pay taxes due,
229, 280-81, 408-9
Collector of, powers and duties of,
230-33, 235-36, 282-84, 408-12, 415
Retailers of liquors to give collector
true account of liquors liable to
magistrate, 'wh-O Shall aDPOiT-l't tax, . . . . . . . . . . . . . . . . . . . . ..230, 281, 409
viewers, _ . . . . . . . . . . . . . . . . . . . . . . . .. 289 Penalty for retailing liquors in vio-
Rayment 'of fees, costs and charges lation of, laws, . . . . . . ..230, 281-82, 409
of, regulated, . . . . . . . . . . . . . . . . . . . . 289 Penalty up-on retailers of liquors for
Not required to prove identity of making fraudulent entries, 231,282, 410
certain'forfeited ﬂour, . . . . . . 290 How offenses under the, act to be
‘Compensation of, ﬁxed, . . . . . . . . . . . . 290 tried and forfeitures, penalties and
To have made a provincial brand- ﬁnes recovered, . . . . . . . . ..233, 285, 412
ing iron, . . . . . . . . . . . . . . . . . . . . . . . .. 381 Fines and forfeitures arising under
To brand casks of ﬂour found ﬁt for ‘the, act to go, one-half each to the
exportation, . . . . . . . . . . . . . . . . . . . . . 381 informer and the provincial treas-
Fees of, for bran-ding casks of ﬂour
regulated, . . . . . . . . . . . . . . . . . . . . . . . .
‘To sue for ‘forfeitures and charges
arising from grinding unsound
381
urer, . . . . . . . . . . . . . . . . . .235, 286-87,
Persons refusing to. give evidence
under the, act to be ﬁned and
! committed to prison, .....235, 285,
414
414
' wheat for exportation, . . . . . . . . . .. 381 Former, act continued in force,
To sue for penalties for counter- 2.36, 237, 414-15
feiting provincial brand-mark, 381 Proviso, . . . . . . . . . . . . . . . . . . . . . . ..236, 415
_ Wihen liquor-s may be solid at whole-
IN'SPEGTOR OF LEATHER- See Seal‘ sale, notwithstanding the, act, .. 282
em and Searchers of Leather‘ Tax upon liquors retailed set apart
INTEREST. See Judgment‘ to ‘sink certain. bills of credit, . . . . . 333
. Unlawful retailing of liquors de-
When allowed upon Judgments’ ' ' ‘ ° 80 ﬁned, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 417
On loans on bills of credit, rate of,
regulate-d, . . . . . . . . . . . . . . ..326, 335, 394 ‘ _ , , _ I
Received on bills of credit to be dis- INgTBPiISIZ'IASEPES ESTATES‘ See Court’
bursed by ‘order of the general as— '
' sembly, . . . . . . . . . . . . . . . . . . . . . .332, 405
Rate ‘of, ﬁxed, . . . . . . . . . . . . . . . . . . . .. 338 I'NTOXI'CATING LIQU'ORS' ‘See Li‘
'Penalty for taking more than legal quor's'
rate of, . . . . . . . . . . . . . . . . . . . . . . . . .. 339
Pen-alty, ‘how recoverable, . . . . . . . .. 339 ISSUES IN FACT‘
Application of penalty, . . . . . . . . . . . .. 339 In the Supreme court to be tried by
. two judges in the county whence
INTERLOUUTQRY JUD]GME'N1T_ see the cause was removed, . . . . . . . .. 302
Judgment.
INTERNAL REVENUE. See Collector J-
'of Internal Revenue; ‘Taxes; Tariff. JAIL See Gaol.
Duties on liquors retailed regu-
l-a-ted, . . . . . . . . . . ..27, 141, 229, 280, 408 JAIL DELIVERY. See Gaol Delivery.
566 Index.
Page.
JAILERS.
To receive the body of person taken
in execution for debt under forty
shillings, . . . . . . . . . . . . . . . . . . . . . . .. 23
JUDGES. See Oaths; Magistrates;
Courts.
May qualify by an afﬁrmation, 201
False afﬁrmation by, to be perjury, 201
JUDGES OF COURT OF QUARTER-
SESSIONS. See Court of Quarter-Ses-
sions.
Powers and duties of, deﬁned, .33, 37
JUDGE-S OF THE SUPREME COURT.
See Court, Supreme.
Fees of, regulated, . . . . . . . . . . . . . . .98, 369
Tables of fees to be set up in court
from time to time during the silt-
ting thereof, . . . . . . . . . . . . . . . . . .111, 378
No fees to be demanded Without a
bill of particulars, . . . . . . . . . . ..111, 379
Receipt for payment of fees to be
given by, on demand, . . . . . . ..111, 379
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . ..111, 379
Penalty, how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . . . ..111, 379
Liable to be removed from ofﬁce for
third oﬁense, . . . . . . . . . . . . . . ..112, 379
By whom appointed, . . . . . . . . . . . . . .. 302
One to be named chief justice, 302
To issue Writs of habeas cmjpus, cer-
tioran' and error and all remedial
and other process, . . . . . . . . . . . . . .. 302
Powers of, . . . . . . . . . . . . . . . . . . . . . . . .. 303
Not to sit in any inferior court, .. . . 305
To deliver gaols of persons com-mit—
ted for capital crimes, . . . . . . . . . .. 305
To "try all capital crimes with juries
from Philadelphia county, . . . . . .. 305
Fees of, to be double the usual quar-
ter-sessions’ fees, . . . . . . . . . . . . . . .. 305
JUDGMENT.
Regulated on bonds given to or by
register-general, . . . . . . . . . . . . . . . .. 20
For debts under forty shillings
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 23
Execution upon, regulated, . . . . . . .. 23
Execution upon, in the court of com-
mon pleas, . . . . . . . . . . . . . . . . . . . . . .. 71
How entered upon ﬁnding of jury in
actions upon bonds, . . . . . . . . . . . .. 78

Page.~-
J UDGMENT.——Continued.
When entered upon demurrer, con»
fessi-on or nihil dicit plaintiff may
suggest ‘breaches of covenant, . . . . 79-
Practice in motion in arrest of, .. . . . 79-
Not ‘to be stayed or reversed for any
matter helped by statutes of jeo—
fails, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80-
Not to be entered of record unless
signed by a judge or "the prothono—
tary, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 80-
Entered in vacation to be upon the
roll, . . . . . . . . . . . . . . . . . . . . . . . . . .. 80'
"When interest allowed upon, . . . . .. 80
Of justices of the peace as to dam-
ages caused by estrays to be con-
clusive, . . . . . . . . . . . . . . . . . . . . . . . . . . 241.
Mayor, recorder and aldermen of
Philadelphia to proceed to execu-
tion or otherwise upon reversal or
afﬁrmation of, by the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . . . . . 301-2:
Land sold upon execution not to be
restored upon revensal of, .337, 400
Trustees of general loan ofﬁce to
prosecute to, and execution ac-
tions against moutgia'gors found not
to have title to land mortgaged,.337-38~
Lien and validity of certain judg-
ment-s preserved notwithstanding
stay of execution, . . . . . . . . . . . . .344-45
N o execution to issue upon any, un-
til June 25, 1723, . . . . . . . . . . . . . . . . . 3M
Proviso, . . . . . . . . . . . . . . . . . . . . . . . . . . . 345
Against members of the assembly
not to become void by discharge
from arrest ‘during period of ex—
emption, . . . . . . . . . . . . . . . . . . . . . . . .. 360
To be entered by warrants of at-
torney upon default in payment of
‘bonds given for bills of credit
loaned, . . . . . . . . . . . . . . . . . . . . 398
JUDGMENT BY DEFAULT.
To be entered against imprisoned
defend-ant not pleading, . . . . . . . .. 77 -
In default of proper pleadings, . 77
Execution upon, regulated, . . . . . . .. 77
May be set aside at next court upon
motion, . . . . . . . . . . . . . . . . . . . . . . . . . . 78
In certain cases to be aseff-ectual as
though defendant suffered it to
pass by nihi'l dic‘z'i, . . . . . . . . . . . . 358
Index. 567
-J UDG'MENT, INTERLOC‘U'DORY.
Page.
Justices who give, to make an order
to inquire of plaintiﬁ’s damages
and costs, . . . . . . . . . . . . . . . . . . . . . . .. 307
. JUDGMENT, SiUMMAJR Y.
To be given by justices of the peace
for debts under forty shillings,. . . . 64
Justices of the peace to give, in vio-
lations of certain game laws, ..255-56
~JURISDICTION. See Courts; Justices of
the Peace; Magistrates.
.JURORS.
Fees of, regulated, . . . . . . . . . . . ..108, 377
-JURY.
To assess damages for such breaches
as plaintiff shall prove in actions
upon bonds, . . . . . . . . . . . . . . . . . . . . . . 79
To be summoned to inquire and as-
sess damages upon judgments en-
tered upon demurrer, confession or
m‘hil dicit, . . . . . . . . . . . . . . . . . . . . . .. 79
JUSTICES.
Fees of, regulated, . . . . . . . . . . . . ..98, 372
Table of fees to be constantly ex-
posed to public view in his of-
ﬁce, . . . . . . . . . . . . . . . . . . . . . . . . . ..111, 379
Penalty for neglect, . . . . . . . . . . . .111, 379
No fees to be demanded without a
bill of particulars, . . . . . . . . . . . .111, 379
‘Receipt for amount of fees to be
given, . . . . . . . . . . . . . . . . . . . . . . ..111, 379
‘Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . ..111, 379
Penalties, {how recoverable, ....111, 379
Application of penalties, . . . . . . ..1‘11, 379
Liable to removal from office for
third oﬁense, . . . . . . . . . . . . . . . ..112, 379
IJUSTICES OF THE PEACE. See
Courts; Magistrates; Oath-s.
Jurisdiction in cases of illegal retail-
ing of liquors, . . . . . . . . . . . . . . .27-8, 141
To take acknowledgment of deeds. . 53
Duties and powers of, in actions of
debt under forty shillings, . . . . ..63-4
N‘ot enabled to hear suit for any debt
for ren-ts or contracts for real es-
tates, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65

Page.
JUSTICES OF THE PEACE—Continued.
May qualify by an afﬁrmation, 201
Flalse aﬂ‘irmation by, to be perjury, 201
Discretionary power of, to punish
paupers failing to wear prescribed
badge, . . . . . . . . . . . . . . . . . . . . . . . . . .. 225
All forfeitures and oﬁenses under
the act imposing a tax on liquors
retailed to be heard and deter-
mined by two, of the respective
counties, . . . . . . . . . . . . . . . ..233, 285, 41?.
Powers and duties of, and appeals
from, in such proceedings regu—
lated, . . . . . . . . ..233, 235, 285-86, 412-14
Upon giving judgment in such pro-
ceedings to issue warrants against
the goods and chattels and persons
of offenders, . . . . . . . . . . . ..233, 286, 413
Empowered to adjust damages
causedby trespassing cattle and
appoint receivers if necessary,.... 241
Powers of, in regard. to the sale of
estrays regulated, ..' . . . . . . . . . . . . .. 242
Summary conviction for petit lar-
ceny before two, regulated, . . . . .. 246
To keep records of summary cou-
victions for petit larceny, . . . . . . . .. 247
Two, to try offenders for unlawfully
using ﬁre in and about ships, &c.,
in Philadelphia, . . . . . . . . . . . . . . . .. 252
To try offenders for setting ﬁre to
chimneys in certain towns, . . . . . .. 253
To try offenders for making, selling
or setting off ﬁreworks or ﬁring
guns or other ﬁrearms in Phila-
delphia, . . . . . . . . . . . . . . . . . . . . . . . . .. 253
Empowered to hear suits for penal-
ties for unlawful killing of deer, 255
To give summary judgment in viola-
. ‘tion of certain game laws, .....255-56
Permits for exportation of tanned
leather to be obtained from three
or more, . . . . . . . . . . . . . . . . . . . . . . . .. 263
To examine imported servants and
grant certiﬁcate for those ﬁt to
he landed, . . . . . . . . . . . . . . . . . . . . . .. 265
Fees of, for such examination and
certiﬁcate, . . . . . . . . . . . . . . . . . . . . . .. 265
Two or more to determine age of
minor servants imported, . . . . . .. 265
Contempts and defaults of, to be ex-
amined and punished by the su-
preme court, . . . . . . . . . . . . . . . . . . . .. 302
568 Index.
Page.
JUSTICES OF THE PEACE—Continued.
Directed to investigate offenses
again-st the act forbidding the fur-
nishing of liquors to the Indians, 312
Proceedings before, ‘upon suspicion
of such offenses, . . . . . . . . . . . . . . . .. 312
Penalty for refusing to appear ‘be-
fore, . . . . . . . . . . . . . . . . . . . . ..~ . . . . . .. 312
Application of penalty, . . . . . . . . . . .. 312
No punishment to be inﬂicted until
oath be made of the service of
summons on suspected party, 312
Authorized to take acknowledgments
of mortgages given to secure loans
of bills of credit, . . . . . . . . . . . . . .326, 397
Penalty for granting writs of arrest
against freeholders unless upon
oath or aﬁirmation that-—
1. Defendant has not sufﬁcient real
estate to satisfy his debts, or
that—-
2. Defendant is about to sell his
estate and depart the prov-
ince, or that—-
3. Defendant is about to make
fraudulent conveyance of his
estate to elude payment of his
debts or to defraud his credit-
ors, . . . . . . . . . . . . . . . . . . . . . . . .. 359
Empowered and required to admin-
ister such oaths or animations, .. 359
Penalty for, issuing process against
members of the assembly while
exempt, . . . . . . . . . . . . . . . . . . . . . . . . .. 359
Penalty, how recoverable, . . . . . . . . .. 360
Application of penalty, . . . . . . . . . . .. 360
Fees of, regulated, . . . . . . . . . . . . ..99, 372
Tables of fees to be constantly ex-
posed to public view in ofﬁce of,111, 379
No fees to be demanded without a
bill of particulars, . . . . . . . . . . ..111, 379
‘Receipt for amount of fees to be
given by, on demand, . . . . . . . ..111, 379
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . ..111, 379
Penalty, how recoverable, i1. 379
Application of penalty, . . . . . . . . ..111, 379
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . ..112, 379
Two, to consent to sale of .horses
taken and gelt and remaining un-
' claimed, . . . . . . . . . . . . . . . . . . . . . . . .. 423

Page.
J-USTICES OF THE SUPREME COURT.
‘See Judges of the Supreme Court.
K.
KEEPER OF THE GREAT SEAL. \
Fees of, regulated, . . . . . . . . . . . . ..96, 367‘
Table of fees to be constantly expos-
ed to public view in his ofﬁce, 111, 379"
No fees to be demanded without a
bill of particulars, . . . . . . . . . ...111, 379-
Receipt for amount of fees to be
given by, on demand, . . . . . . . ..111, 379-
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . ..111, 379‘
Penalty, how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . . ..111, 379
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . ..112, 379'
KEEP'ERS.
Rates to be paid, and persons taking
up estrays regulated, . . . . . . . . . . .. 243k
Compensation of, regulated, . . . . . . .. 243
KEEPERS OF POUNDS.
To be ﬁned for official misdemeanor, 240-‘
To keep cattle and horses brought to
them and make entries of all
transactions relating thereunto, .. 240-
Charges of, how paid, . . . . . . . . . . . . .. 241
Duties of, in regard to estrays de-
livered to them, . . . . . . . . . . . . . . . .. 241
In Philadelphia, Chester and Bristol
to superintend other pounds, re-
ceive all unclaimed estrays and
pay charges of the remoter keeper, 241
KENT COUNTY. See Government of
Newcastle, Kent and Sussex upon
Delaware.
KING. See Crown.
L.
LAND. .See Lands and Tenements.
May be purchased by religious so- _
cie-ties, . . . . . . . . . . . . . . . . . . . . . . . . .. 38
Of delinquent collectors of provin-
cial taxes to be seized and sold, . . . 88
Deedof sheriff for, to pass title of
delinquent collector, . . . . . . . . . . . .. 89
Index. 569
Page.
LAND—Continued.
Grants by delinquent collectors de-
clared void, . . . . . . . . . . . . . . . . . . . . .. 90
How necessary, to be acquired by
certain ferrymen, . . . . . . . . . . . . . . .. 320
Offered as security for loans of bills
‘ of credit to be shown by oath or
afﬁrmation of applicant to be
owned by him free of all trusts
and i-ncumbrances, . . . . . . ..328-29, 395
How, mortgaged to secure loans of
bills of credit to be taken in exe—
cution and sold, . . . . . . . . . . . . ..336, 400
Rights of purchaser of such, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 336
Notice of sale of such, how given,.. . 337
Overplus if any to be returned to
the debtor, . . . . . . . . . . . . . . . . . ..337, 400
No further estate to vest in vendees
than that mortgaged, . . . . . . .337, 400-1
Upon reversal of judgment no such,
to be restored, . . . . . . . . . . . . . . . .337, 400
Actions to be brought against mort~
gagors of, found not to be held by
them, . . . . . . . . . . . . . . . . . . . . . . . . . .337-38
Of Free Society of Traders vested in
trustees for sale and distribution,. 347
Bills of credit to be loaned on, sub-
ject to certain rents, . . . . . . . . . . . . . 386
‘Trustees of general loan ofﬁce to
‘ ascertain value of such, over ren'ts, 386
Bills of credit not to be loaned to
exceed one—third of value of, over
rents, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 386
Trustees of general land oiﬁce to
hold, sell and grant, conveyed to
them as security for loans of bills
of credit, . . . . . . . . . . . . . . . . . . . . . . . .. 392
Attested copies of releases of certain
mortgages to be eﬁectual as re-
conveyances of the, . . . . . . . . . . . . .. 399
Mortgaged, to be held by mortgagor
until default, . . . . . . . . . . . . . . . . . . .. 400
LANDLORD AND ‘TENANT. See Waste.
LANDS AND TEiN'EMENTS. See Land.
Of certain absent husbands made
liable for the support of their
wives and children, . . . . . . . . . . . . .. 157
And for their debts, . . . . . . . . . . . . . . .. 158

Page.
IlANDS AND TENEMENTS—Continued.
Conveyance or mortgage of, by cer-
tain absent husbands who fail to
provide for their wives and chil-
dren declared null and void, . . 158
Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 158
Of certain outlaws to be forfeited,. . . 205
How such, to be disposed of, . . . . . .. 205
Of persons convicted of crime 'to be
liable to seizure and sale for pay-
ment of certain sums if not paid,. . 213
Certain, of William Clarke vested in
trustees to sell for certain of his
debt, and discharged of certain
trusts created by him, . . . . . . . . . . . 226
Application of overplus, . . . . . . . . . . . . 226
Penalty for counterfeiting, &c., bills
of credit to be levied of the, of the
offender, . . . . . . . . . . . . . . . . . . . ..331, 406
Taken in domestic attachment to be
sold by auditors and proceeds dis-
tributed ratably among creditors,
341—42
Overplus of such sales to be returned
to debtors, . . . . . . . . . . . . . . . . . . . . . .. 343
LARCENY.
Punishment for simple, . . . . . . . . . . .. 211
Payment of costs of prosecution for, 211
Treble costs to be paid upon third
conviction of, . . . . . . . . . . . . . . . . . . .. 212
How forfeitures arising from convic-
tions of, to be levied and disposed
of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 213
LARCENY, PETIT.
How punished, . . . . . . . . . . . . . . . . . . .. 246
Appeals from summary convictions
for, when allowed, . . . . . . . . . . . . . .. 246
LARCENY UNDER FIVE SHILLINGS.
See Larceny, Petit.
LAWS. See Acts of Assembly.
LAWS OF GREAT BRITAIN.
Courts of quarter-sessions to ad-
minister justice as near the, as
may be, . . . . . . . . . . . . . . . . . . . . . .. 34
LEATHER. See Tanners; Shoemakers;
Sealers and Searchers; Boots and
Shoes.
Insuﬂiciently tanned, to be forfeited, 257
.15 70
Index.
Page.
LEA'l‘HER.~—Continued.
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 257
Penalty for tanners of, working as
shoemakers or workers of, . . . . . . . 258
None but tanners to buy hides or
calfskins in the hair unless for
private use, . . . . . . . . . . . . . . . . . . . . .. 258
Penalty for exportation of, or raw
hides, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 258
Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 258
Penalty for concealing the expor-
tation of, or raw hides, . . . . . . . ..258-59
Price of tanned, regulated, . . . . . . . .. 259
Penalty for charging more than es-
tablished price for tanned, . . . . . .. 259
Penalty for working up curried, be—
fore being allowed by the sealers
and searchers of, . . . . . . . . . . . . . . . .. 259
Powers and duties of sealers and
searchers of, regulated, . . . . . . . . .260-61
Sealers and searchers of, how ap-
pointed and qualiﬁed, . . . . . . . . . . .. 261
Fees of sealers and searchers of,
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 261
Term of office of sealers and search-
ers of, regulated, . . . . . . . . . . . . . . .. 261
How triers of, boots, shores and other
wares seized by the sealers and
searchers to be appointed, . . . . . . .. 261
Forfeited, how sold, . . . . . . . . . . . . . . .. 261
Forfeited, not to be bought to sell
again, . . . . . . . . . . . . . . . . . . . . . . . . . .. 261
Penalties for violations of the law ‘
for tanning and selling of, . . . . . .. 261
Pleading and evidence in suits for
matters done under the act regu-
lating the tanning of, regulated,.. 262
Penalty upon sealers and searchers
neglecting to seal and search, in
Philadelphia within one day after
request made, . . . . . . . . . . . . . . . . . . .. 262
Penalties and forfeitures, how recov-
erable, . . . . . . . . . . . . . . . . . . . . . . . . . .. 262
Boots, shoes, &c., made of, in the
province may be exported, . . . . ..262-63
Price of exported tanned, may be
regulated, . . . . . . . . . . . . . . . . . . . . . . .. 263
How permit to export tanned, to be
obtained and cost thereof, . . . . . .. 263
Limitations upon permits for the
exportation of tanned, . . . . . . . . . .. 263
Penalties for exporting tanned, con-
trary to the act, . . . . . . . . . . . . . . . .. 263

Page.
LEATHER.-—Con'tiniued.
Penalty for injuring hides in slaying
cattle, . . . . . . . . . . . . . . . . . . . . . . . . . .. 263
Penalty for offering for sale putre—
' ﬂed hides, . . . . . . . . . . . . . . . . . . . . . .. 263
Penalties, h-ow recoverable, . . . . . . .. 263
Application of penalties, . . . . . . . . . .. 263
LEGACIES. See Religous Societies.
LEGAL TENDER. See Bills of Credit;
Money.
Certain bills of credit made a. . .329, 394
LEVARI FACIAS, WRIT OF. See Eixe-
cution; Mortgages.
When to issue, . . . . . . . . . . . . . . . . . . . .. 80
LEVY. See Distress; Sale; Taxes; Exe-
cution.
LIBERTY.
Freeman not to be deprived of, but
by the judgment of his twelve
equals or by the laws of the prov-
ince, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31
LICENISE. See Liquors; Indian Traders.
‘To be renewed yearly, . . . . . . . . . . . . .. 62
Penalty for trading without, . . . . . . .. 62
Penalty, how recoverable, . . . . . . . . .. 62
Freeholders not to be prevented
from buying corn, venison, skins,
furs and other commodities for
their own use, . . . . . . . . . . . . . . . . . .. 62
No part of the money allowed by
the act shall be used in paying
for lands, . . . . . . . . . . . . . . . . . . . . . . .. 62
Penalty for trading without, except
as provided in act, . . . . . . . . . . . . . .. 62
Duration of act, . . . . . . . . . . . . . . . . . . .. 63
To be forfeited for third offense of
selling liquors to minors or ser-
vants, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 256
Liquors not to be sold to negro or
Indian servants without special,
from the master or mistress under
penalty, . . . . . . . . . . . . . . . . . . . . . . . . .. 250
LIEUTENANT—GOVERNOR
Appropriation of salary to the, 93
Index.
5 7 1
l
LIMITATION OF ACTIONS. Page.
Real Actions:
In ‘trespass quart’ clausmn frr’gif,. - - . - 12
Plea of disclaimer in, . . . . . . . . . . . . 13
Tender of amends in, . . . . . . . . . . . . 13
Nonsuit or verdict for defendant a
bar to, . . . . . . . . . . . . . . . . . . . . . . . .. 13
Personal Actions:
In actions of trespass, . . . . . . . . . . . 12
In actions of detinue, . . . . . . . . . . . . 12
In actions of replevin, . . . . . . . . . . .. 12
In actions of account, . . . . . . . . . . . .. 12
In actions for arrearages of rent,. . 12
In actions for assaults, . . . . . . . . .. 12
In actions for ‘battery, . . . . . . . . . . . . 12
In actions for wounding, . . . . . . . . . 12
In actions for imprisonment, . . . . . . 12
In actions for slander, . . . . . . . . . . . 12
In actions of trover, . . . . . . . . . . . . . . 12
In new suits upon reversal or arrest
of judgment, . . . . . . . . . . . . . . . . . . . . . 13
Proviso in favor of persons under
disabilities, . . . . . . . . . . . . . . . . . . . . . . 13
Upon promissory notes, . . . . . . . . . . .. 52
Writs of error to be prosecuted with—
in twenty years, . . . . . . . . . . . . . . . .. 81
Proviso in favor of persons under
disabilities, . . . . . . . . . . . . . . . . . . . . . . 81
Under provincial tax act, . . . . . . . . . .. 92
In suits against collectors of duties
under act imposing ten per cent
on all imports, . . . . . . . . . . . . . . . . .. 149
In suits against collectors of duties
on liquors, hops and ﬂax, .....156, 275
In suits under the tax laws regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 187
Convictions for making, selling or
setting off ﬁreworks or ﬁring guns
or other ﬁrearms in Philadelphia
to be made within ten days, . . . . .. 253
For the recovery of penalties for
killing deer out of season, . . . . . .. 255
LIQUORS. See Taverns; Public Houses;
Public House Keepers; Inns; Innkeep-
ers; Alehouse.
Duty imposed on, solid at retail,
27. 141 229 133. 280. 408
Retailers of, ‘to report to tax collec-
tors and pay duties found to be
due, . . . . . . . . . .27, 141. 229. 280-81, 408-9
, Penalty for neglect, . . . . . . . . . . . ..27, 141

Pages
LIQUORIS.—~Continued.
Powers and duties ‘of collectors,
27-8. 141-42
Duty of justices of the peace, 27-8, 141-42
Tax upon, sold at retail, . . . . . . . ..27, 141
Punishment for retailing, contrary
to law, . . . . . . . . . . . .28, 142, 235, 249, 414
Allowance for leakage of, . . . . . . ..28, 142
Proceeds of duties on, and hops to
be paid to provincial treasurer,.. 28
Duties of constables, . . . . . . . . . ..29, 144
When treble costs allowed in suits
arising ‘out of the collection of
duties upon, . . . . . . . . . . . . . . . . . . .29, 144
Compensation of collector, . . . . . . ..29 14.;
Appropriation of duties, . . . . . . . . .29, 143
Courts of quarter-sessions to regu-
late prices of. retailed, . . . . . . . . .37, 19%
An account to be kept of all licenses
for selling wines and, . . . . . . . . . . .. 50
To be certiﬁed to provincial treas-
urer, . . . . . . . . ..' . . . . . , . . . . . . . . . . . .. 50
Penalty for default, . . . . . . . . . . . . . .. 50
Penal y. how recoveritle, . . . . . . . . .. 50
Application of penalty, . . . . . . . . . . . . . 50
Duties on, imported regulated,
112, 150, 268-69
Penalty for exceeding prices, . . . . .. 199
Retailers of, to enter their names
and addresses with the collector
and obtain a permit for selling,
229, 280. 4%
Such retailers to give collector true
account of, liable to tax,. .230, 281, 409»
Collectors of internal revenue to give
retailers of, certiﬁcate of entry of,
if required, . . . . . . . . . . . . ..230, 281, 409
Fee for such certiﬁcate regulated,
230. 281. 4021
Penalty on retailers of, for selling
without making entry, account-
ing and paying taxes, . .230, 281-82, 409
Penalty on retailers of, for making
fraudulent entries, . . . . ..231, 282, 4101
Collector of internal revenue em-
powered to seize, not entered,
231, 282, 4101
Collector of internal revenue em\-
powered to enter houses to search,
examine and gauge, of retailers,
231, 282, 410
.572
Index.
Page.
LIQUORS.-~—Continued.
Collector of internal revenue to al-
low ﬁfteen per cent to retailers of,
for leakage and wastage, 231. 283,
Collector of taxes on, retailed ap-
pointed and his powers and duties
regulated, . . . . . . . . . . . . . . ..232, 284,
Appointment of deputy collectors of
tax on, retailed and their powers
and duties regulated, . . . . .232, 283, 411
Public notice of act to be given by
collector of tax on, retailed,
232, 283,
How offenses under the act imposing
a tax on, retailed to be tried and
forfeitures, penalties and ﬁnes re—
covered, . . . . . . . . . . . . . . . ..233, 285,
Fines and forfeitures imposed upon
retailers of, to go, one-half each to
the informer and the provincial
treasurer, . . . . . . . . . . . ..235, 286—87, 414
Persons refusing to give evidence in
proceedings under act imposing a
tax on, retailed to be ﬁned and im-
prisoned, . . . . . . . . . . . . . . ..235, 285, 414
Part of former act imposing a tax on,
retailed continued in force,
236, 287. 414-15
Proviso, . . . . . . . . . . . . . . . . . . . . . . ..236, 414
Collector of tax on, retailed to col-
lect arrearages under former act,
236, 415
Collector of tax on, retailed to cause
entries and searches for those re-
tailed before act ‘takes effect, . . . . ..
Disbursement of moneys arising
from tax on, retailed or imported
regulated, . . . . . . . . . . . . . . . . . . ..236, 287
Credit exceeding twenty shillings
not to be given for, under penalty, 249
Penalty for selling, to minors or ser-
410
410
411
412
236
vants, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 249
License for selling, to be forfeited
for third offense of selling to
minors or servants, . . . . . . . . . . . . .. 250
Penalty for selling to negro or In-
dian servant without permit from
master, . . . . . . . . . . . . . . . . . . . . . . . . .. 250
(‘ertain ﬁnes under the law regula—
ting the sale of, how recovered and
divided, . . . . . . . . . . . . . . . . . . . . . . . . .. 250

Page.
LIQUORS.-—Continued.
Where, may be sold at wholesale
notwithstanding the internal reve-
nue act, . . . . . . . . . . . . . . . . . . . . . . . . ..
Keepers of alehouses, &c., to enter
security not to sell certain, . . . . ..
Courts of quarter-sessions empow-
ered to suppress the common sell-
ing of certain, in taverns, &c.,
282
292
293
Taverns for selling, at retail may be
licensed upon recommendation of
court of quarter-sessions, . . . . . . .. 293
Penalty for furnishing, to the In-
dians, . . . . . . . . . . . . . . . . . . . . . . . . . .. 310
Penalty, how recoverable, . . . . . . ..310-11
Application of penalty, . . . . . . . . . ..310-11
Penalty for carrying, amongst the
Indians, . . . . . . . . . . . . . . . . . . . . . . . .. 311
Proviso permitting rum to be given
‘to the Indians at treaties, When inhabitants may give small
quantities of, to an Indian, . . . . ..
Persons convicted of furnishing, to
the Indians to be imprisoned in
default of payment of ﬁne, . . . . . . ..
Proceedings against persons sus-
pected of furnishing, to the In-
dians regulated, . . . . . . . . . . . . . . . . . .
Penalty for selling any cask of, be-
fore being gauged and marked, ..321
Penalty for selling any cask of, con-
taining less than the quantity
marked thereon, . . . . . . . . . . . . . . . ..321
Gauger of, appointed, . . . . . . . . . . . .. 322
Duties of gaugers of, regulated,.... 322
Penalty for overmarking contents of
cask of, . . . . . . . . . . . . . . . . . . . . . . . . .. 322
Penalties, how’ recoverable, . . . . . . .322-23
Application of penalties, . . . . . . . . . .322—23
Tax upon, retailed set apart to sink
certain bills of credit, . . . . . . . . . .. 333
Duties upon, imported set apart to
sink certain bills of credit,. . . .333,
311
312
312
312
402
Proviso allowing innkeepers to sell,
at wholesale, duty free, repealed,.
Penalty for selling, in less quantity
than one gallon without license,..
Duty on, imported reduced, . . . . . . . .
Rebate to be allowed on duties on,
paid in coin imported at the same
time or from the same place, . ..
363
363
364
364
Index. 5 7 3
Page.
*LIQUORSr—Continued.
Such rebate to be in full for all de-
ductions for prompt payment of
duties on, . . . . . . . . . . . . . . . . . . . . . . .. 364
Bounty to be paid on all spirits dis-
tilled and exported, . . . . . . . . . . . . . . 415
Unlawful retailing of, deﬁned, . . . . .. 417
Proviso, . . . . . . . . . . . . . . . . . . . . . . . . .416-17
‘LOAN OFFICE, GENERAL See Trus-
tees of General Loan Oﬂice.
Trustees of, appointed, . . . . . . . ..325, 391
Powers and duties of trustees of, reg-
ulated, 326-30, 332. 334-36, 338, 390, 407
Established at Philadelphia, . . . . . .. 327
Trustees of, to sit at Bristol and
Chester as occasion may require,.. 328
FLOANS.
Of bills of credit authorized and
regulated, ......326-29, 335, 394-96, 399
LOWER COUNTIES. ‘See Government
of Newcastle, Kent and Sussex upon
Delaware.
LUMBER. See Waste.
LUNATICS.
Rights of, not to be prejudiced,. . . .. 12
M.
MADEIRA WINE. See Tariﬁ.
MAGISTRATES. See Oaths; Attest; Af-
ﬁrmation.
Discretionary power of, in whipping
negroes or Indians guilty of
making, selling or using ﬁreworks
or using ﬁrearms in Philadelphia,. 254
‘To determine disputes with inspec—
tors of ﬂour and bread and award
fees and costs, . . . . . . . . . . . . . . . . . .. 289
To deliver counterfeit bills of credit
to trustees of general loan ofﬁce,. . 407
MAIMING. See Mayhem; Cutting.
Punishment for certain, to be death, 203
MAINPRISE. See Bail.
For want of distress, oﬁenders guilty
of unlawful use of ﬁrearms to be
imprisoned without bail or, . . . . .. 256

Page.
MAKEFIELD TOWNSHIP.
Ferry established in, over Delaware
River, . . . . . . . . . . . . . . . . . . . . . . . . . . . 318
Ferry in, regulated, . . . . . . . . . . . . . .318-20
MANDAMUS, WRITS OF.
To be granted by the supreme court, 66
MANSLAUGHTER. See Homicide.
MANUFACTURES. See Leather.
MARINERS. See Fame Sole Traders.
Penalty for, concealing the exporta—
tion of leather or raw hides, 259
MARK. See Badge of Poverty.
MARRIED WOMEN‘. See Femc Sole
Traders; Husband and Wife; Feme Co-
cert.
MARSHES. See Woods.
When, not to be ﬁred without no-
tice, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Penalty for violation, . . . . . . . . . . . . .. 25
MASTER AND SERVANT. See Serv—
ants.
Employers of freemen subject to poll
‘tax to be liable for such tax, . . .. 186
Such freemen to repay tax paid by
employers, . . . . . . . . . . . . . . . . . . . . . .. 186
\Repayment of such tax, how en-
forced, . . . . . . . . . . . . . . . . . . . . . . . . . .. 186
MASTER OF THE ROLLS.
Fees ‘of, regulated, . . . . . . . . . . . . . ..98, 369
Table of fees to be constantly ex—
posed to public view in oﬁice of,
111, 379
No fees to be demanded without a
bill of particulars, . . . . . . . . . . ..111, 379
‘ Receipt for payment of fees to be
given by, on demand, . . . . . . ..111, 379
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . ..111, 379
iPenalty, how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . . ..111, 379
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . ..112, 379
MASTERS OF SHIPS AND VESS‘ELS.
Importing goods not to unload be—
fore delivering a true manifesto to
the collector of duties, ...113, 152, 269
5 74 I na’ex.
$88.
MASTERS OF SHIPS AND VESSELS.—-P
Continued.
Trading in river Delaware to enter
goods liable to duty as though ves-
sels came from sea, ..115, 148, 154, 272
Importing negroes to enter and give
true account thereof to collector,
118, 160, 275
Trading in river Delaware to enter
negroes liable to duty as vessels
coming from sea, . . . . . . ..119, 162, 277
Remaining for twenty-four hours
without making entry, to give se-
curity not to land any negroes
without entry and permit, under
penalty of forfeiture, .....119, 162, 277
To enter goods imported within
twenty-four hours and give in-
voice to collector, . . . . . . . . . . . . . .. 146
Liable to tonnage duties, to enter
same in collector’s ofﬁce, . . . . . . .. 166
To pay or secure duties before un-
loading,
Made personally liable for duties, .. 166
Penalty for, using blazing ﬁre to
bream ships, &c., or to heat cer-
i tain inﬂammable substances in
Philadelphia, . . . . . . . . . . . . . . . . . . . .. 252
Exceptions, . . . . . . . . . . . . . . . . . . . . . . .. 252
Penalty, how recoverable, . . . . . . . . .. 252
Application of penalty, . . . . . . . . . . .. 252
Penalty ‘for keeping ﬁre (candle ex—
cepted) on board any ship or ves—
sel at Philadelphia after eight
o’clock P. M., . . . . . . . . . . . . . . . . . . .. 253
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 253
Concealing the exportation of leather
or raw hides to forfeit treble value
or be imprisoned, . . . . . . . . . . . . . .. 259
Conveying criminals to be sold as
servants to pay duty and enter se-
curity for good behavior for one
year,
To forthwith make entry and give
true account to collector of all
servants imported, . . . . . . . . . . . . . .. 265
Penalty upon, importing or landing
servants without entry, payment
of duty, &c., . . . . . . . . . . . . . . . . . . . .. 265
Penalty, how recoverable, . . . . . . . .. 265
Application of penalty, . . . . . . . . . . . .. 265
Limit of application of act, . . . . . . .. 265

Page».
MASTERS OF SHIPS AND VESSELS.—-
Continued.
Fees of collector for bond to re-ex-
‘port servants regulated, . . . . . . . .. 267
Servants bought from, without a cer-
tiﬁcate of legal importation from a
justice of the peace declared free, 267
MAYHEM. See Cutting; Maiming.
Punishment for, to be death, . . . . . . . 203
MAYOiR. See Philadelphia.
MAYOR AND RECORDER OF PHILA—
DEDPHIA.
To "try offenders for unlawfully
using ﬁre in and about ships, &c.,
in Philadelphia, . . . . . . . . . . . . . . . .. 252‘
MAYOR OF PHILADELIPHIA.
Not to hold “forty shillings” or
“two weeks” courts, . . . . . . . . . . . .. 64»
May license masters of ships to use
ﬁre after eight o’clock P. M. in
case of sickness, &c., . . . . . . . . . . .. 253
MAYORS OR CHIEF MAGISTRATES.
Without the province to take ac-
knowledgments of deeds, . . . . . . . .. 54.
MEASURE'R. See Salt; Wheat.
MEASURES. See Weights and Measures-
MEETING HOUSES.
Lands for, may be purchased by reli-
gious societies, . . . . . . . . . . . . . . . . .. 38
MEMBERS OF GENERAL ASSEMBLY.
See ‘General Assembly.
Of Bucks and Chester counties to
receive their wages ‘out of certain
bills of credit, . . . . . . . . . . . . . . . . . .387-88
MENIACE.
Limitation of actions, . . . . . . . . . . . . .. 12
MERCHANTS. See Trade.
Importing criminals to be sold as
servants to pay duty and enter
security for good behavior for one
year, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 264‘
To ‘forthwith make entry and give
true account to collector of all
servants imported, . . . . . . . . . . . . . .. 265
Index.
575
Page.
MERCHANTS—Continued.
Penalty upon, importing or landing
servants without en-try, payment
of duty, &c., . . . . . . . . . . . . . . . . . . . ..
Penalty, how recoverable, . . . . . . . ..
Application of penalty, . . . . . . . . . . ..
Limit of application of act, . . . . . . ..
Fees of collector for bond to re-ex-
port servants regulated, . . . . . . . . ..
Servants bought from, without a
certiﬁcate of legal importation
from a justice of the peace de-
clared free, . . . . . . . . . . . . . . . . . . . . ..
MESSAGES TO THE INDIANIS. See In-
dians.
MINORS. See Guardian and Ward.
Limitation of actions, . . . . . . . . . . . . ..
Proviso in favor of, . . . . . . . . . . . . . ..
Penalty for selling liquors to, . . . . . .
MISPRISION OF TREASON. See Trea-
son.
MOLA'SSES. See Tariﬁ.
Duty on imported, regulated, . . . . . ..
Penalty for selling any cask of, be-
fore being gauged and marked, ..
Penalty for selling any cask of, con-
taining less than the quantity
marked thereon, . . . . . . . . . . . . . . . ..
Gauger of, appointed, . . . . . . . . . . . . ..
Duties of gaugers of, regulated, ..
Penalty for overmarking contents of
265
265
265
265
267
267
12
12
250
269
321
321

322
322
cask of, . . . . . . . . . . . . . . . . . . . . . . . .. 322
Penalty, how recoverable, . . . . . . ..322-23
Application of penalty, . . . . . . . . . ..322-23
Duties upon,,imported set apart to
sink certain bills of credit, . . . . .. 333
Duty on, imported in ships built in
the province repealed, . . . . . . . . . .. 364
Rebate to be allowed on duties on,
paid in coin imported at the same
time or from the same place, ..
Such rebate to be in full for all de-
ductions for prompt payment of
. 364
duties on, . . . . . . . . . . . . . . . . . . . . . . .. 364
Duty upon, imported repealed, 416
Proviso, . . . . . . . . . . . . . . . . . . . . . . . . . .416-17
MONEY. See Legal Tender; Bills of
Credit; Coin.
Page.
MORTGAGES. See Deeds.
To be acknowledged and recorded
within six months, . . . . . . . . . . . . . .. 55
To be satisﬁed upon the margin of
the record when paid, . . . . . . . . . .. 55
Effect of such satisfaction, . . . . . . .. 56
Penalty for failure to satisfy upon
request, . . . . . . . . . . . . . . . . . . . . . . . . .. 56
Penalty. how recoverable, . . . . . . . . .. 56
Made of any estate by absent hus-
baind without providing for his
wife and children to be void, . . . . . 158
To be taken by trustees of general
loan office to secure loans of bills
of credit, . . . . . . . . . . . . . . . . . . . ..326, 396
How such, to be executed, acknowl-
edged and recorded, . . . . . . ..326, 396-97
Certiﬁed copies of such, to be evi-
dence, . . . . . . . . . . . . . . . . . . . . . . ..327, 397
Fees of clerk of general loan oﬁice
for drawing and recording certain
bonds and, regulated, . . . . ..327, 397-98
Endorsement of payments upon cer-
tain, by trustees of general loan
ofﬁce regulated, . . . . . . . . . . . . ..328, 399
Certain, to be released upon ﬁnal
judgment, . . . . . . . . . . . . . . . . . ..328, 399
Fees rfor endorsing payments and re-
leasing certain, regulated, ....328, 399
Given as security for loans of bills
of credit to be foreclosed for de-
fault, . . . . . . . . . . . . . . . . . . . . . . . ..335, 400
Proceedings in foreclosure regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . .335, 400
How land covered by such, to be
taken in execution and sold, . .336, 400
Rights of purchasers of such land
regulated, . . . . . . . . . . . . . . . . . . . . . .. 336
Equity of redemption to be dis-
charged by sale, . . . . . . . . . . . . ..336, 400
Notice of sale, how to be given, .. . . 337
Overplus if any to be returned to
the debtor, . . . . . . . . . . . . . . . . . ..337, 409
No further estate to vest in vendees
than that mortgaged, . . . . . ..337, 400-1
Loans may be paid at any time and,
released, . . . . . . . . . . . . . . . . . . . ..338, 404
Upon default of payment of, given
as security for loans of bills of
credit, trustees of general loan of—
ﬁce to bring such actions as they
think ﬂt, . . . . . . . . . . . . . . . . . . . . . . . .. 387
5 76 Index.
Page. Page.
NEGROIES. See Slaves; ‘Servants; In-
dians.
MORTGAGES—Continued.
Attested copies of releases of cer-
tain, to be effectual as reconvey-
ances, . . . . . . . . . . . . . . . . . . . . . . . . . . . 399
Property covered by, to be held by
mortgagor until default, . . . . . ..399-400
MURDER. See Homicide.
Courts of quarter-sessions not to try,
or other felonies of death, . . . . . . . .33-4
To be tried by the justices of the su-
preme court, . . . . . . . . . . . . . . . . . . . .. 68
MUTILATION.
Both ears to be cut off as part pun-
ishment for counterfeiting or ut-
tering counterfeit bills of credit,
331, 406
N.
NATI'VES. ISee Indians.
N'ATUIRALIZATION.
Private act for the, of certain per-
sons, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 426
NAVAL OFFICER.
Proviso in favor of vessels owned by
inhabitants, . . . . . . . . . . . . . . . . . . . . .. 110
Liable to double damages for refusal
to cancel plantation bond, . . . . . .. 110
Fees of, regulated, . . . . . . . . . . . . . . .. 110
Table of fees to be constantly ex-
posed to public view in ofﬁce of,. . 111
No fees to he demanded without a
bill of particulars, . . . . . . . .. 111'
Receipt for amount of fees to be
given, . . . . . . . . . . . . . . . . . . . . . . . . . .. 111
Penalty for neglect, refusal or over—
charging, . . . . . . . . . . . . . . . . . . . . . . .. 111
Application of penalty, . . . . . . . . . . .. 111
Liable to removal from oﬂice for
third offense, . . . . . . . . . . . . . . . . . . .. 112
NECESSARIES. See Feme Sole Traders.
NEGRO. See Slaves; Tariﬂ.
Slave convicted of making, selling
or using ﬁreworks or using ﬁre-
arms in Philadelphia to be whip-
' ped at discretion of magistrate,.. 254

Duty imposed on imported,
117, 160, 238, 275
Exceptions, . . . . . . . . . . . . . . ..117, 160, 275
Masters of vessels and others im-
porting, to account under oath or
afﬁrmation to collector, ..118, 160, 276.
Collector to grant permit to land
imported, . . . . . . . . . . . . . . . . . . . . . . . . 118-
Duty on imported, to be immediately
paid or secured, . . . . . . . . . . . . . . . . .. 118
Imported, landed without permit to
:be forfeited, or if not found the
value thereof, . . . . . . . . . . . .118, 160, 276-
Sheriﬁ, water-bailiff and constable
to aid collector, . . . . . . . . . . . . . . . . . . 119
Masters of vessels in river Delaware
having on board imported, to re-
port as if coming from sea, 119, 162, 277
Vessels having imported, on board
remaining without entry on cer-
tain pretenses to give security not
to land them, . . . . . . . . . . . . .119, 162, 277
Penalty for violation, . . . . . . . . . . . .. 119*
Rebate on, afterwards exported
regulated, . . . . . . . . . . . . . . . .120, 162, 277
On which rebate has been allowed
who are re—imported to be for-
feited, . . . . . . . . . . . . . . . . . . . . . . . . . .. 120
Brought by settlers for their own
service not liable to pay duty,
120, 163, 2784
‘Security to be given that, so im-
ported shall not be sold,..120, 163, 278
Collector of duty on, appointed, .. . . 120
Powers of collector of duty on im-
ported, . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Pleading and evidence in suits
brought under act imposing a duty
on, regulated, . . . . . . . . . . . . . . . . . . . . 1211
Provincial treasurer to- ﬁll vacancy
in collectorship of duty on, im-
ported, . . . . . . . . . . . . . . . . . . . . . . . . .. 121
Governor to have one-half of pro-
ceeds of forfeited, or the value
thereof, . . . . . . . . . . . . . . . . . . . . ..160, 276
Upon payment of duty on, or entry
of security for, collector to
give a permit gratis for landing
them, . . . . . . . . . . . . . . . . . . . . . . ..160, 276»
Index.
577’

P
NEW JERSEY. See Burlington; Glou-
cester; Ferries.
Exception in favor of, in prohibition I
to export leather and raw hides, . 258
NEW JERSEY, WEST.
No duty to be paid on products of,
imported, . . . . . . . . . . . . . . . . . . . . . . .. 365
N OLLE PROPSIEQUI.
Certain proceedings against county
collectors not to be stayed by, 187
N'ON COMPOS MENTIS PERSONS. See
Lunatics.
NON-OBSTANTE CLAUSE.
Use of, . . . . . . . . . .202, 204, 206-7, 209, 214
NON 'SUI T.
Prosecutor in suits under the act
regulating the tanning of leather
becoming, to pay treble damages, 262-
NOTICE. See Advertisement.
0.
Page.
NEGROES.—Continued.
Allowance of ten per cent to be
made in all duties paid in ready
money, . . . . . . . . . . . . . . . . . . . . . . . . .. 160
Importer, owner or claimer to im-
mediately pay duty on, in ready
.money or enter security to pay
within four months, . . . . . . . . . .160, 276
Burden of proof in regard to im-
portation of, to ‘be upon defend-
ant or possessor of, . . . . . . . . . . . . . . 160
In the absence of such proof such, or
their value to be forfeited, . . . . .. 160
Powers and duties of collector of the
port in relation to, imported and
concealed, . . . . . . . . . . . . . . . . . . . .160, 276
Forfeiture, how recoverable, . . . .161, 277
Application of forfeiture, . . . . ..161, 277
All persons liable to play duty on, to
report to collector without notice
from him, . . . . . . . . . . . . . . . . . . ..162, 277
To be forfeited if not actually ex-
ported after rebate or if returned
Without entry, . . . . . . . . . . . . . . .162, 278
If security be not given or duty paid
for, brought or sent by actual set—
tlers not to sell them within six-
teen months, such to be for-
feited, . . . . . . . . . . . . . . . . . . . . . . . .163, 276
No one to sell liquors to negro serv-
ants or harbor them without a.
permit from the master, . . . . . . . . . 250
Penalty for selling to, without spe-
cial license, . . . . . . . . . . . . . . . . . . . . . . 250
Duties upon, imported set apart to
sink certain bills of credit, . . .333, 401
NESHAMIN Y CREEK.
Ferry over, established, . . . . . . . . . . .. 417
NEW BRISTOL. See Bristol.
NEWCASTLE. See Government of
Newcastle, Kent and Sussex upon
Delaware.
NEWCASTLE COUNTY .
Circular boundary line between
Chester county and, conﬁrmed, .. 44
Oﬁicers of, forbidden to levy taxes
upon inhabitants north of circu-
lar line, . . . . . . . . . . . . . . . . . . . . . . . .. 44
Penalty upon ofﬁcers offending, . 45
OATH'S. See Afﬁrmation; Attest; Decla-
ration.
Afﬁrmation to be taken by county
assessors, . . . . . . . . . . . . . . . . . . . . . . .. 179*
Brewers to take oath or afﬁrmation
not to ad'ul'terate ale or beer, .. .. 382
Forms of declarations and afﬁrma-
tions to be made by Quakers in
lieu of, prescribed, . . . . . . . . . ..427-431
Such declarations and affirmations to
have the same effect as, . . . . . . . .. 430
OIL. See Fire.
ORPHANS’
phans’.
COU'CRT. See Court, Or-
OUTLAIWRY.
Freeman not subject to, but by the
judgment of his twelve equals or
by the laws of the province, .. 31
Judgment of, to be pronounced upon
certain criminals not appearing, . 205
Court of quarter—sessions to issue
writs into any county to take per-
sons in case of, . . . . . . . . . . . . . . . . .. 300‘
578
Index.
Page.
OVERPLUS.
Of sale of goods and chattels of de-
faulting taxables to be returned to
owner, . . . . . . . . . . . . . . . . . . . . . . . . . . 183
OVERSEEIRS OF HIGHWAYS. See
Highways, Overseers of.
OVERSEERS OF THE POOR. See
Poor; Settlement.
Of place to which persons shall be
removed by order of justices re-
quired to receive such persons, .. 223
Penalty for refusal, . . . . . . . . . . .. 223
Penalty, how recoverable, . . . . . . . . .. 223
Appeal allowed to court of quarter-
‘ sessions, . . . . . . . . . . . . . . . . . . . . . . . . . 224
Penalty for, relieving any poor per-
son not wearing proper badge, .. . 225
Penalty, ‘how recoverable, . . . . . . . .. 225
Application of penalty, . . . . . . . . . . .. 225
OYE'R AND TERMINE’R. See Courts.
P.
PAR’ENT AND CHILD. '
One-half the lands and tenements,
goods and chattels, or an outlawed
criminal to go to his wife and
children, if any, . . . . . . . . . . . . . . . . . . 205
PAJRLIAMENT. See Acts of Parlia-
ment, &c.
PARTITION’ FENCES.
Partition.
See Fences,
PARTITION, WRITS 0F.
Court of common pleas to grant, 70, 306
PART’RIDlGE. See Firearms.
PARTY WALLS. See Fences, Partition.
In Philadelphia regulated, . . . . . . .244, 246
Surveyors of, in Philadelphia, how
appointed, . . . . . . . . . . . . . . . . . . . . . .. 244
No one to lay the foundation of any
building or, in Philadelphia before
{applying to the surveyors, . . . . . . . 244
Powers of surveyors of, regulated, . 244
'Do be laid equally upon the lands of
adjoining owners, . . . . . . . . . . . . . . .. 244
Builders of, to be reimbursed one-
half the cost before adjoining own-
ers may use, . . . . . . . . . . . . . . . . . . . .. 244

Page.
PARTY WALLS—Continued.
Penalty for building, before being
viewed by the surveyors and regu-
la'tors, . . . . . . . . . . . . . . . . . . . . . . . . . . . 245
Penalty, how recoverable, . . . . . . . . . 245
Application of penalty, . . . . . . . . . . . . . 245
Parties aggrieved may ‘appeal to the
corporation, . . . . . . . . . . . . . . . . . . . . . . 245
Costs of such appeal to be paid as
the corporation direct, . . . . . . . . . . 245
Fees of surveyors of, regulated, . . . . 245
PAUPE‘RJS. See Poor.
PENNSYLVANIA, BOUNDARIES OF.
See Boundaries. ‘
PERJURY.
False evidence by attesting witness
to be punished as, in accordance
with the laws of Great Britain, . . 40
Persons taking false afﬁrmation to
be guilty of, . . . . . . . . . . . . . . . ..201, 431
Persons guilty of, how punished, 201, 431
Statute of 5th Elizabeth for the
punishment of, to ‘be put in force, 210
Importers of servants who have been
convicted of, to pay a duty and
enter security for good behavior
for one year, . . . . . . . . . . . . . . . . . . . . . 264
PEiRJSlON AL ‘LIBERTY.
Freemen not to be deprived of, ex-
cept by trial by jury or laws of
province, . . . . . . . . 31
PERSONS BEYOND THE ‘SEAS.
Limitation of action, . . . . . . . .. 14
Proviso in favor of, . . . . . . . . . . . . . . . 14
PETIT LARCEN'Y. See Larceny.
PETIT TREASON. See Treason.
PHILADELPHIA, CITY OF. See Party
Walls; Fences, Partition; Houses of
Correction; Taxes.
Penalty for unlawfully drawing
carts, wains or wagons in, 23
Goats at large in, to be forfeited, . . 24
Courts of quarter-sessions, where to
beheld in, .. . . . . . . . . . . .. 33
Powers of mayor, recorder and al—
dermen of, not to be abridged, .. .. 36
Index
579'
P888.
PHILADELPHIA, CITY OFF—Continued.
Upon writ of error, mayor, recorder
and aldermen to certify transcript
of record to the supreme court,. . .36-7
Office for recording of deeds estab—
lished in, . . . . . . . . . . . . . . . . . . . . . . . 53
Recorder of deeds in, appointed, .. 56
May be removed and another ap-
pointed by the court of quarter-
sessions, . . . . . . . . . . . . . . . . . . . . . . . . . 56
To give bond, . . . . . . . . . . . . . . . . . . . . . 56
Penalty for acting before giving
bond, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Fees of recorder regulated, . . . . . . . . 57
Penalty for taking greater fees than
prescribed, . . . . . . . . . . . . . . . . . . . . . . . 57
Ordinances of, for determining small
debts and erecting courts for that
purpose ‘declared null and void, .. 65
“Forty shillings” or “two weeks’ ”
courts in, abolished, . . . . . . . . . . . . . 65
Forfeitures arising from convictions
of larceny to go as charter directs, 213
Certain realty of William Clarke
vested in trustees to sell for cer-
tain of his debts, . . . . . ............226
Said realty discharged of certain
trusts created by said Clarke, . . . . .226
Application of overplus, . . . . . . . . . .. 226
Party walls in, regulated, . . . . . . .244, 246
Surveyors and regulators of party
walls in, how appointed, . . . . . . .. 244
Mayor and commonalty of, to hear
appeals from surveyors and regu-
lators of party walls, . . . . . . . . . . .. 245
Partition fences in, to be regulated
by surveyors and regulators of
party walls, ....... .'. ........... .. 245
How partition fences in, to be made
and repaired, . . . . . . . . . . . . . . . . . . .. 245
Penalty imposed upon shipmasters
and others for using blazing ﬁre
to bream ships, &c., or to heat cer-
tain inﬂammable substances in, .. 252
Exception, . . . . . . . . . . . . . . . . . . . . . . . . . 252
How recoverable, . . . . . . . . . . . . . . . . .. 252
-Application of penalty, . . . . . . . . . . . .. 252
Penalty for keeping any ﬁre (candle
excepted) on board ships, &c., at,
after eight o’clock P. M., . . . . . . . .. 253
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 253
How recoverable, . . . . . . . . . . . . . . . . .. 253
37 —-—II

Page.
PHILADELPHIA, CITY O.F.—Continued.
Application of penalty, . . . . . . . . . . .. 253
Penalty for setting chimneys on ﬁre
in, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 253
How offenders to be convicted of
setting chimneys on ﬁre in, . . . . . . 253
Former penalty for setting chim-
neys on ﬁre in, repealed, . . . . . . . . . 253
Penalty for making, selling or using
ﬁreworks, u-sing ﬁrearms in, with-
out license and notice to the
mayor, . . . . . . . . . . . . . . . . . . . . . . . . . .. 253
Penalty, how recoverable, . . . . . . 253
Application of penalty, . . . . . . . . . . .. 253
Convictions for such oﬁenses to be
made within ten days, . . . . . . . .. 253
Negroes or Indian slaves convicted
of such oﬁenses may be whipped, 254
Penalty for shooting at or killing
with ﬁrearms birds or-fowls in, . . 256
Penalty, how recoverable, . . . . . . . . . . 256
Application of penalty, . . . . . . . . . . . . . 256
Sealers and searchers of leather to
be appointed and qualiﬁed by the
mayor and aldermen of, under a
penalty, . . . . . . . . . . . . . . . . . . . . . . . . .. 260
Mayor and aldermen of, ‘to grant
permits for the exportation of
leather, . . . . . . . . . . . . . . . . . . . . . . . . .. 260
Triers of leather, boots, shoes, &c.,
seized by the sealers and searchers
to be appointed by the mayor of, 261
Mayor of, to direct the disposition
of the forfeited goods, . . . . . . . . . . . . 261
Certain powers granted to the court
of quarter-sessions not to abridge
the powers of the mayor, recorder
and aldermen of, . . . . . . . . . . . . . .. 300
Mayor, recorder and aldermen of,
not 'to be required upon writ of
error to send record to the su-
preme court, . . . . . . . . . . . . . . . . . . . .. 301
Mayor, recorder and aldermen of,
upon reversal or afﬁrmation of
judgment by the supreme court to
proceed to execution or otherwise, 301-2
Mayor or recorder of, directed to in—
vestigate offenses against the act
forbidding the furnishing of li-
quors to the Indians. . . . . . . . . . . . . . 312
General loan ofﬁce established in,.. 327
580
Index.
' P
PHILADELPHIA, CITY OF.—Continued.
Mayor and commonalty of, to es-
tablish and maintain a ‘ferry over
age .
river Schuylkill at High street, .. 383
Rates of ferriage at High street
ferry over Schuylkill regulated, . . 384
Contracts made by, in relation to
ferry at High street over ‘Schuyl-
kill validated, . . . . . . . . . . . . . . . . . .. 385
Certain bills of credit appropriated‘
to completion of public works in,. 402
Tax levied to sink such bills of
credit, . . . . . . . . . . . . . . . . . . . . , . . . . . .. 403
PHIIJADELPHIA COUNTY. See Com-
missioners, County.
County commissioners appointed, 6, 180
To enforce the collection of arrears
of provincial taxes, . . . . . . . . . . . . .. 6, 7
Place of meeting ﬁxed, . . . . . . . . . . .. 6
Courts of common pleas in, . . . . . . .. 22
When intermediate sessions shall be
held in, . . . . . . . . . . . . . . . . . . . . . . . . .. 23
Powers of judges at such sessions,.. 23
Causes to be removed from quarter-
sessions and common pleas of, to
the supreme court, . . . . . . . . . . . . .. 66
Commissioners appointed in, to en-
force collection of provincial taxes, 84
Time of enforcing collection of pro-
vincial taxes in, enlarged, . . . . . . .. 123
Powers and duties of commissioners
and other oﬂicers in the collection
of provincial taxes in, revived and
I‘ enjoined, . . . . . . . . . . . . . . . . . . . . . . .. 123
Elections of assessors in,‘ to be the
same as in other counties, . . . . . .. 139
Where house of correction or work-
house to be built in, . . . . . . . . . . . .. 169
’ Limitation upon sums of money to
be raised by, for the support of
the house of correction, . . . . . . . . .. 170
5 Freemen of, to elect assessors, 175
‘ Erection and maintenance of pounds
in, regulated, . . . . . . . . . . . . . . . ..240, 243
Sealers and searchers of leather to
be appointed and qualiﬁed by the
court of quarter—sessions of, under
a penalty, . . . . . . . . . . . . . . . . . . . . . . .. 260
Number of commissioners of, re-
,{ duced, . . . . . . . . . . . . . . . . . . . . . . . . . .. 295

P
PHILADELPHIA COUNTY—Continued.
Election of commissioners in, regu-
age
lated, . . . . . . . . . . . . . . . . . . . . . . . . . .295-97
Powers of commissioners in, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 297
When court of general quarter-ses-
sions and gaol delivery to be held
for,
How justices to be appointed for
such court, . . . . . . . . . . . . . . . . . . . . ..
Three justices to hold such court
U O I I O I l O O I C I I l I O Q I Q O I C l O I I I 1 I I
for, . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
How long court of quarter-sessions
to be held in, . . . . . . . . . . . . . . . . . . ..
All capital crimes to be tried by the
supreme court and juries of, -. . . . .
Where county court of common pleas
to be held for, . . . . . . . . . . . . . . . . . ..
Certain bills of credit appropriated
to completion of public works in,
334,
Tax levied to sink such, bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . .334,
PIGEON. See Firearms.
PILLORY.
Persons convicted of perjury or sub-
ornation of perjury to stand in,. . .
As part punishment for counterfeit-
ing or uttering counterfeit bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . . 331,
Part punishment for third offense of
counterfeiting provincial brand-
ing iron or impress thereof, . . . . ..
PITCH. See Fire.
Excepted from duty imposed on
goods imported, . . . . . . . . . . . . . . . . ..
PLAINTIFF.
When to ﬁle declaration where de-
fendant is imprisoned, . . . . . . . . . . .
Entitled to judgment for want of a
plea,
Or for want of an ippearance, . . . . ..
To ﬁle declaration on or before re-
turn day, _. . . . . . . . . . . . . . . . . . . . . . ..
In default thereof or for failure to
join issue or to surrejoin to suffer
a non pros, . . . . . . . . . . . . . . . . . . . . . . . . .
To bring cause to trial in order of
lists, . . . . . . . . . . . . . . . . . . . . . . .
299
290
299
300
305
305
402
403
210
406
381
365
74
77
77
78
78
78
Index.
581
Page.
Page.
‘PLAINTIFF—Continued. PLEADING.—Continued.
Entitled to notice of entry of bail on Plea in bar given defendant whose
capias, . . . . . . . . . . . . . . . . . . . . . . . . . .. 73 tender of bills of credit for his
Or his attorney to draw praecipes, .. 74 debt has been refused, . . . . . . . .330,
May except ‘to bail, . . . . . . . . . . . . . . . . 74 Acts regulating the issue of bills of
May call upon sheriff for return to ~- credit to be allowed without being
capias when defendant fails to specially pleaded, . . . . . . . . . . . . . ..
enter bail, . . . . .. . . . . . . . . . . . . . . . .. 75 In suits under act to improve the
May call on sheriff for assignment of breed of horses, defendants may
bail-bond, . . . . . . . . . . . . . . . . . . . . . .. 75 plead the general issue and give
May bring action upon, in his own the act in evidence, . . . . . . . . . . . . ..
name, . . . . . . . . . . . . . . . . . . . . . . . . . .. 75
Declining to bring in cause for trial,
defendant may bring on action,. . .
In actionnupon bond, may assign as
many breaches as he shall think
ﬁt, . . . . . . . . . . . . May suggest breaches when judg-
ment entered upon demurrer, con—
fession or nih'il dicit,
In error to enter security, . . . . . . . . . .
Condition of bond to ﬁnd better bail
if required,
O 0 I I I O I I I O 0 Q O O O 0 I I 0 0.
PLATE.
Bills of credit to be loaned upon, as
security, . . . . . . . . . . . . . . . . . . . . . .335,
PLEADIN'G. See Evidence.
In limitation of certain actions,. . . . .
How oiiicers sued for acts done in
collecting certain duties to plead,
29,
Persons sued under the tax act may
78
79
80
401
13
143
plead the general issue, . . . . . . . .92, 187
In suits against collectors of duties
on certain imports, the general is-
sue may he pleaded and the act
given in evidence, 116, 149, 156, 274,
In suits under the internal revenue
act defendant may plead the gen—
eral issue and give the act and
special matter in evidence, 234, 285,
In actions by innkeepers for debts
above twenty shillings or against
servants, the act to be pleaded in
bar, . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Persons sued for anything done
under the act regulating the tan-
ning of leather may plead the gen-
eral issue and give the act and
279
413
251
special matter in evidence, . . . . .261-62

POLL-TAX. See Taxes.
POOR. See Settlement; Overseers of the
Poor.
What to be deemed a legal settle-
ment under, laws, . . . . . . . . . . . . . . . .
A legal settlement not to be acquired
by refusal to leave when ordered
by the overseers of the, . . . . . . . . ..
Persons so refusing to leave to be
removed to place of last legal set-
tlement,
Exception, . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal allowed ‘to the court of quar-
ter-sessions.
Overseers of the, of place to which
persons shall be removed by order
of justices required to receive such
persons,
Penalty for refusal, . . . . . . . . . . . . . . . .
To be levied by distress and sale of
goods,
In default thereof offender to be im-
prisoned, . . . . . . . . . . . . . . . . . . . . . . . . .
~Appeal allowed to the court of quar-
ter-sessions,
Badge to be worn by certain persons
receiving relief, . . . . . . . . . . . . . . . . . .
Penalty for neglect or refusal to
wear badge,
Offender to be whipped and impris-
oned at discretion of justice, . . . . .
Penalty for overseer of the, relieving
any, person not wearing badge...
Penalty, how recoverable, . . . . . . . . . .
Application of penalty, . . . . . . . . . . . . .
One-half of ﬁnes for making, selling
or setting off ﬁreworks or ﬁring
guns or other ﬁrearms'in Philadel-
phia to be for the use of the,. . . ..
o a n o u n l o u n o Q u o c a 0 0 o c I o o a.
u c o n o n n v o u n o 0 o o o 0 u 0 I o
0 I O 0 I 0 I n 0 0 C 0 O Q I I I l l u a I I a I I.
o 0 a o I a o n | n a a o I Q p u q Q a I
I I O O O 0 l I O O O O I D O O I 0 t 00
394
407
424
222
222
223
223
223
223
' 223
223
224
224
224
224
225
225
225
225
254
582
Index.
Page .
POOR.—~Gon tinued.
When penalties for the unlawful use
of ﬁrearms to be for the use of the,
PORK.
Size of cask for exportation of, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Penalty for violation, . . . . . . . . . . . . ..
POUNDKEE‘PERS.
Pounds
See Keepers of
POUNDS. See Horses; Cattle; Fences.
Keepers of, to be appointed and
changed by the courts of quarter-
sessions, . . . . . . . . . . . . . . . . . . . . . . . ..
Sales of unclaimed estrays in, regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
How proceeds of sales of estrays
may be recovered by owners, PRACTICE. See Criminal Law; Courts;
Philadelphia: Essoin; Appeals.
As to commencement of actions,. 73,
As to the issue of writs of summons,
capias or attachment, . . . . . . . . ..73.
As to bail-bonds, . . . . . . . . . . . . . . . . . . .
Where defendant is imprisoned on
capias. as to ﬁling plaintiﬁ’s decla-
ration, . . . . . . . . . . . . . . . . . . . . . . . . . ..
As to plea of prisoner, . . . . . . . . . . . . ..
As to judgment for want of an ap-
pearance, . . . . . . . . . . . .' . . . . . . . . . . . .
Plaintiff to ﬁle his declaration on or
before return day, . . . . . . . . . . . . . ..
As to judgment of mm pros for Want
of a statement, . . . . . . . . . . . . . . . . . ..
As to leave 20 defendant to imparl or
plead, . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
As to entry of judgment by m'hil
(lief! for want of a plea, . . . . . . . . ..
As to entry of plea nun-pressed for
plaintiff’s failure to join issue,. . ..
And for defendan't’s failure to re-
join, . . . . . . . . . . . . . . . . . . . . . . . . ..
And for plain-tiff’s failure to surre-
join, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
As to preparation of trial list by pro-
thonotary, . . . . . . . . . . . . . . . . . . . . . . .
As to the plaintiff's bringing cause
to trial, . . . . . . . . . . . . . . . . . . . . . . . ..
As to continuance of causes, . . . . . ..
256
24
24
240
242
242
77
77
77
78
78
78
78
78
78
78
78

78
78
Page.
PR ACT ICE.-——Continued.
As to defendant's bringing on cause
to be tried if plaintiff declines, . . . 78-
As to assignment of breaches by
plaintiff in actions upon bonds, .. 78
As to assessment of damages by the
jury upon breaches shown, . . . . . .. 78
As to entry of judgment thereon,. . . 78
As to the suggestion of breaches of
covenant, if judgment be entered
upon demurrer, confession or "iii!
dicv't. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 79
As to the summoning of a jury to in-
quire thereof and to assess dam-
ages, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
In proceedings thereon regulated. . . 79
As to writs of inquiry awarded upon
interlocutory judgments, . . . . . . . .. 79
As to notice thereof to defendant,. . . 79
In motions in arrest of judgment,. . . 79
As to the issue of writs of capias ad
satisfacicnd'wm, clegit, 10mm? and jicri
facias, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 80
Upon writs of certiorm'i to remove
indictments into the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 82
In courts of quarter—sessions regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . .299-301
On recognizances regulated, . . . . . .. 299
On writs of error to judgments of
mayor, recorder and aldermen of
Philadelphia regulated, . . . . . . . . . .. 301
In ‘the supreme court regulated, . . .301—5
On appeals to Great Britain regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 304
In county courts of common pleas
regulated, . . . . . . . . . . . . . . . . . . . . . . . 304-7
In ‘trials of capital crimes regulated, 305
On testaz‘u-m. writs of execution regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . '. . . .. 307
On interlocutory judgments regu-
lated. . . . . . . . . . . . . . . .. . . . . . . . . . . .. 307
In- writs of {inquiry upon- interlocu-
tory judgments regulated, . . . . . .. 307
In commencement of actions against
freeholders regulated, . . . . . . . . ..358—59
PRAJECIPES.
For writs to be drawn by plaintiffs
or their attorneys, . . . . . . . . . . . . . .. 74
Writs to be issued “without, . . . . . . .. 127
PRESEJNTMENTS. See Indictments.
Index. _ .58 3
Page. ; Page.
3 PROCESS.-——Continue_d.
PRISONERS.
Limitation of action, . . . . . . . . . . . . .. 14 To deliver the gaols of all persons
Proviso in favor of, . . . . . . . . . . . . . .. 14 committed for treasons, murders
and other felonies of death ‘to is-
PRIVATE, ACT sue from the supreme court. 69
Certain realty of William Clarke Commencing of actions in courts
vested in trustees to sell for cer- of common pleas regulated, ....73, 126
tlain Of his debits, . . . . . . . . . . . . . . .. 226 Praecipes for Writs to be drawn by
Said realty discharged of certain plaintiifs or their attorneys, .... .. 74
trusts Created by Said Clal'kei- - -- 226 When Writs returnable, . . . . . . . . . . .. 74
Application of overplus, - - - - - - - - - - -- 226 Form of, regulated, . . . . . . . . . . . . . . .. 74
vesting lands of Free Society of xSummons to issue in actions upon
Traders in trustees for Sale and 'bail-bonds. . . . . . . . . . . . . . . . . . . . . . .. 75
distribution, . . . . . . . . . . 7.... 347 when capias ("I saﬁsfaciendum PM)“,
For the naturahzatlon of Get-tam Icvm'i' and ﬁcrifacins to issue, 80
persons, . . . . . . . . . . . . . . . . . . . . . . . . .. 426 In error regulated, . . ' _ _ . I _ ' . 0 _ _ _ _ H 80
Cm'h'orari to be granted [0 remove
PROOEDURE- See Criminal Law; Es— indictments into the supreme
80in; Wager of Law; Jury in Criminal court, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 82
Courts; Grand Jury. Certain defective, in Chester county
cured, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 126
PROCESS. See 'Warrant; Distress; Sale. Forms. of, in courts of common pleas
To be issued by the judges of the regulated, . . . . . . . . . . . . . . . . . . . . . . .. 126
courts of quarter-sessions, . . . . . , . 34 Amount of debt to be endorsed on,. . 126
Such, to be effective in any county,. 36 Certain criminal, to be issued into
Upon forfeited recognizances to issue any county, . . . . . . . . . . . . . . . . . . . . .. 301
from the supreme court, . . . . . . . . .. 35 Subpoenas and like, from the Court
Supreme Court to issue: upon es‘ of quarter—sessions to be served in
treated ﬁnes, &c-i ~ - ~ ~ - t - - ~ t ~ - - - -- 46 any county, . . . . . . . . . . . . . . . . . . . . .. 301
Justlces, of the peace to Issue Sum— Writs of lmbcas- corpus. ccriiomri
mons, eupius or attachment for and error and an remedial and
debts under forty shillings, .. . . 63 other, to be issued by the judges of
And execution against the body and the supreme court. . . . . . . . . . . . . .. 302
goods of ‘the defendant, . . . . . . . . .. 64
Writs of Imbcas corpus. ceriio'rm'i. Power of Founty Courts of common
error, prohibitions, injunctions to pleas to issue subpoenas, . , . . . . . .. 306
stay waste. nml'ifu qucrcln. 'mrl'nda- To issue out of the Supreme Court
'm'llﬁ and all other writs to issue against S'hel'iﬁs amerced for not
from the supreme court for levy- returning {osmium execution, 307
ing all ﬁnes, forfeitures and To foreclose mortgages given to se—
amercements, . . . . . . . . . . . . . . . . . . .. 66 cure loans of bills of credit regu—
Of inferior courts to be examined lated, . . . . . . . . . . . . . . . . . . . . . . ..336, 400
and corrected by the supreme Upon ido-mesltic attachments regu-
court, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 lated, . . . . . . . . . . . . . . . . . . . . . . . . . .340-43
Issuing out of the supreme court to Of arrest not to issue against free—
be granted of course, . . . . . . . . . . . . . 67 holders, . . . . . . . . . . . . . . . . . . . . . . . . . .- 358
To be made in the name of the King, 67 Original. against freeho‘ders to be by
To hear taste in ‘the name of the summons . . . . . . . . . . . . _ . . . . . . . . . .. 35;
chief justice, . . . . . . . . . . . . . . . . . . . .. 67 Of arrest to abate upon proof that
Exception, . . . . . . . . . . . . . . . . . . . . . . . .. 67 defendant is a freeholder, . . . . . . .. 358
When returnable, . . . . . . . . . . . . . . . .. 67 When not to issue against members
In equity regulated, . . . . . . . . . . . . . . .. 67 of the assembly, . . . . . . . . . . . . . . . .. 359
37*——Tl
584 Index.
Page.
PROCESS—Continued.
Penalty for improperly granting or
,_ serving, against members of the
assembly, . . . . . . . . . . . . . . . . . . . . . . . . 359
Penalty, how recoverable, . . . . . . . . . . 360
Application of penalty, . . . . . . . . . . . .. 360
PROCHIEIN AMY. See Guardian and
Ward.
PROJMISiSORY NOTES.
May be assigned and endorsed by
payees and by their executors and
assigns, . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Assignees of, may sue in their own
names and have execution, . . . . .. 52
Costs, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Power to issue, not enlarged ‘by the
act, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
After assignment, assignors to have
no power to release any sums due, 52
Limitation of action upon, . . . . . . . .. 52
PROPRIETARY.
Estate of, not to be assessed for tax-
ation, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 191
To appoint ferryman at falls over
Delaware River in place of one
refusing to maintain ferry, . . . . . .. 196
. When to appoint ferryman at ferry
over Delaware River in Makeﬁeld
township, .- . . . . . . . . . . . . . . . . . . . . . .. 320
PROPRIETARY AND GOVERNOR.
Exempt from provincial taxes, 83
PROPRIETARY QUIT-RENTS.
Lands subject to, to be accepted as
security for loans of bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . . . .. 387
PROTECTION OF LAW.
Not to be admitted, ....46, 147, 153, 161,
174, 193, 195, 228, 230, 232, 233, 245, 262,
266, 271, 276, 291, 311, 317, 319, 323, 339,
360, 379
PROTESTANTS. See Religious Societies.
PRO TH ON OTARY.
To prepare and set up trial lists, . . . 78
All records and dockets to be lodged
with, shall certify capias when re-
quired, . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Copies made by, shall not be affected
by want of form, . . . . . . . . . . . . . . . .. 83

age-
PROTHONOT-ARY OF COURT OF COM--P
MON PLEAS.
Fees of, regulated, . . . . . . . . . . . . ..104, 375
Table of fees‘ to be set up in court
from time to time during the sit-
ting thereof, . . . . . . . . . . . . . . . . . .111, 378-
No fees to he demanded without a
bill of particulars, . . . . . . . . . . . .111, 379'
Receipt for payment of fees to be
given by, on demand, . . . . . . . ..111, 379
Penalty, how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . . ..111, 379'
Liable to be removed from ofﬁce for
third offense, . . . . . . . . . . . . . . . . .112, 379
To estreat into the supreme court
amercements on sheriffs for neg—
lect to- return ieslaium execu-
tion, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
Drawing defective indictments or in-
formation, to draw again gratis or
forfeit ﬁve pounds and costs, 378
PRJOFI‘HONOTARY OF SUPREME
COURT.
To be nominated by judges and
commissioned by the governor, . . . 67
To keep his ofﬁce in Philadelphia,. 67
May be suspended, punished or re-
moved by court for misdemeanor
in ofﬁce, . . . . . . . . . . . . . . . . . . . . . ..67, 304
To be register of court of equity,. . .. 68
Fees of, regulated, . . . . . . . . .102, 372'
Table of fees to be set up in court
from time to time during the sit-
ting thereof, . . . . . . . . . . . . . . . . .1i11, 378
No fees to be demanded without a
bill of particulars, . . . . . . . . . . ..111, 379
Receipt for payment of fees to be
‘given by, on demand, . . . . . . . . .111, 379
Penalty, ‘how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . . ..111, 379
Liable to be removed from oﬂice for
third offense, . . . . . . . . . . . . . . . . .112, 379
Drawing defective indictments or in-
formation, to draw again gratis or
forfeit ﬁve pounds and costs,. . . .. 378
PROiVENDEIR FOR HORSES.
Courts of quarter-sessions to set
prices for, in public stables, . . . . . . 198
PROVINCIAL SECRETARY.
Fees of, regulated, . . . . . . . . . . . . . ..99, 377
Index.
535
. Pea
PROVINCIAL SECRETARY—Continued.
e.

Page.
PROVINCIAL TREASURER—Continued.
When to ﬁll vacancy in the county
commissioners, caused by refusal
to act, neglect of duty or death, 91,
Or governor to appoint tax com-mis-
sioner in place of any refusing or
neglecting -to do his duty or dying,
To discount compensation of com-
missioners,
And of their clerks and other oﬂ’i-
cers,
To pay county clerks for drawing
tax duplicates and warrants, . . . . .
Appointed, . . . . . . . . . . . . . .92, 1'15, 154,
To give bond, . . . . . . . . . . . . . . . . . . . . ..
Condition of bond, . . . . . . . . . . . . . . . ..
In case of death or removal the as-
sembly or, if not sitting, the gov-
ernor and council, to appoint one
to supply his place, . . . . . . . . . . . . . .
How to disburse moneys collected
under provincial tax act, . . . , . . . .
Appointment of successor to, regu-
lated, . . . . . . . . . . . . . . . . . . . .115, 155,
To ﬁll vacancy in collectonship of
duties on negroes in case of death
or removal, . . . . . . . . . . . . . . . . . . . .
Appointed receiver of the duty and
forfeiture arising under the act
imposing a duty of ten per cent
on imports, . . . . . . . . . . . . . . . . . . . . . .
Collector of internal revenue to pay
to, proceeds of tax on liquors re-
tailed, . . . . . . . . . . . . . . . . . . .232, 284,
To appoint collector of internal reve—
nue, with like powers, in place of
one derelict or dying, .. . .233, 284,
To receive residue of proceeds of tax
on liquors retailed and imported, -
236,
How, to disburse moneys arising
from tax on liquors retailed and
imported,
Collector of duties on servants im-
ported to pay to, proceeds of such
and all forfeitures and penalties
I I I Q O I O I O I O I Q I O . l O O Q C.
O 0 O I O C Q I I Q I 0 O I I O 0 O o O u i O Q 0 a O I.
less ten per cent, . . . . . . . . . . . . . . .. 26;
124
91
91
92
92
27 2
93
93
93
93
272
121
148
411
412
287
. . . . . . . . . . . . . . . . . .236, 287-88
'-
Table of fees to be constantly ex- _
posed to public view in oﬁ‘ice
of, . . . . . . . . . . . . . . . . . . . ..111, 879
No fees to‘ ‘be demanded without a
bill of particulars, . . . . . . . . . . . .111, 379
Receipt for payment of fees to be
given by, on demand, . . . . . . . . .111, 379
Penalty tor neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . . .111, 379
Penalty, how recoverable, . . . . . .111, 379
Application of penalty, . . . . . . . . .111, 379
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . . .112, 379
PROVINCIAL TAX AISS'EISSORS.
To be summoned by sheriﬁ to meet
commissioners, . . . . . . . . . . . . . . . . . . . 84
Con-stables to certify to, names and
property of rtaxables, . . . . . . . . . . . . 84
To take afﬁrmation-s, . . . . . . . . . . . . . . 85
To assess impartially, . . . . . . . . . . . . 85
To divide counties into districts, . . 86
To appoint constable ‘or other it
person in each district collector,. . 86
To have duplicate assessments
drawn, . . . . . . . . . . . . . . . . . . . . . . . . . .. 86
Penalty for refusal or neglect of
duty, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Others to be appointed in their places
‘and in place of those dying, 91
Penalty upon, how levied, . . . . . . . .. 91
Compensation of, . . . . . . . . . . . . . . . . .. 91
Duties of, under act enjoined, 123
Penalty for neglect, . . . . . . . . . . . . . .. 123
PROVINCIAL TIREA‘SlUREIR.
Duties of, . . . . . . . . . ..36, 49, 50, 143, 213
His compensation, . . . . . . . . . . . . .30, 50, 93
To account to the assembly for the
charges of treaties with the In-
dians, . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
To receipt to tax collectors for sums
paid in, . . . . . . . . . . . . . . . . . . . . . . . . . 87
‘ To certify to tax commissioners from
time to time how much each col-
lector pays, . . . . . . . . . . . . . . . . . . . . .. 87
To notify commissioners of negli-
gence of collectors, . . . . . . . . . . . . . .. 87
To be ﬁned by commissioners for
.neglect of duty, . . . . . . . . . . . . . . . .. 90
Fine to be enforced ‘by distress and
sale or imprisonment, . . . . . . . . . . .. 91
In case of death or removal of col-
lector of duties on servants, to
appoint substitute, . . . . . . . . . . . . . .. 267
To give bond, . . . . . . . . . . . . . . . . . . . . . . 273
I 586
fmzex.
I’ .
PROVINCIAL TREASURER—Continued?“
To pay prosecutor where person's
convicted of furnishing liquors to
or unlawfully trading with the
Indians are imprisoned for ‘default, 312
Certain gold and silver received for
duties to be paid to the, by the col—
lector in specie, . . . . . . . . . . . . . . . . .. 365
To receive certain bills of credit and
apply them to the payment of
debts,
To receive proceeds of certain duties
and taxes to provide for sinking
such bills of cred-it, . . . . . . . . . . . . ..401-2
PUBLIC HOUSE KEEPER. See Inn-
keepers.
P-‘UBLIC HOUSES. See Taverns; Inn-s;
Innkeepers; Liquors.
Courts of quarter-sessions to set
prices on liquors retailed in, . . . . ..
No unlicensed person to keep or sell
liquors indoors, . . . . . . . . . . .235, 287, 414
Keepers oi‘, and inns not to give
credit exceeding twenty shillings
under penalty of losing the debt, .
PUBLIC STOCK. See Count-y Funds.
PUNISHMENT. UNUSUAL. see Wihip-
ping; Branding for Felony; Badge of
Poverty; Pillory.
Q.
QUAKE‘RS. See Friends.
Form of declaration of ﬁdelity to be'
made by, prescribed, . . . . . . . . . . . ..
Form of aﬁ‘irmation by, prescribed, .
Form of declaration by, in lieu of
the oath of abjuration prescribed,
Such declaration or afﬁrmation by,
to have the same effect as an oath,
Convicted of false declarations or at-
firmations to suffer as perjurers,
Act allowing, to declare and aﬁirm
not to be put in force until the
King’s pleasure be known, . . . . . ..
Act of Parliament granting forms of
afﬁrmation or declaration to, to
be enforced, . . . . . . . . . . . . . . . . . . . . . 431
QUARTER-SESSIONS. See Courts of.
. . . . . . . . . . . . . . . . . . . . . . . . . .. 401

Page.
QUIT-RENTPS. See Proprietary Quit-
Rent-s.
Bills of credit to he leaned upon
lands subject to certain, . . . . ..386-87
R.
RANGERS. See Horses.
No ‘unlicensed person to range in
woods after horses under penalty
of suffering as a horse stealer,‘ .. . .
To take up all horses and mares for
which no owner can he found, . . ..
To sell \such horses after notice
posted for one year, . . . . . . . . . . . . ..
Sales of horses by, regulated, . . . . ..
RAPE.
Punishment for, . . . . . . . . . . . . . . . . . ..
Importers of servants who have been
convicted of, to pay a duty and
enter security for good behavior
for one year, . . . . . . . . . . . . . . . . . . . ..
RATES. See ‘Taxes, County.
REA-L ACTIONS. See
Actions.
Limitation of
REAL ESTATE. See Lands and Tene-
men-ts. , _ _ , _
Actions on contracts for, not to be
heard by-justices of the peace, .
RECEIVER 0F STOLEN GOODS.
How punished, . . . . . . . . . . . . . . . . . . ..
RECOGIN‘IZAN'CE. FO’RFE'ITED. See
Fines.
'RECO'G'N‘IZANCES. See Bail.
To be taken by judges of the courts
of quarter-sessions and certiﬁed
into the said courts, . . . . . . . . . . . ..
When to be certiﬁed to the supreme
court of oyer and terminer, . . . . ..
Wh-en'ce process to issue upon for-
feited, . . . . . . . . . . . . . . . . . . . . . . . . . ..
To be entered before issue of cer-
tiorari to remove indict-ments into
the supreme court, . . . . . . . . . . . . ..
Conditions-0f such, . . . . . . . . . . . . . . ..
Not to be discharged until costs
paid, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Certain, entered in the court of
Chester county made binding,
423
424
424
424
202
264
203
34
35
35
82
82
82
126
Index.
587
Page.
RECOGNIZANCES.-~Continued.
Justices of the court of quarter-ses-
sions empowered to take, . . . . . . . ..
To be made to the King and his suc—
cessors,
Taken out of sessions to be certiﬁed
into next general sessions of the
peace,
Taken for suspicion of felony to be
certiﬁed into the supreme oourt, ..
Forfeited, with record of default to
be certiﬁed into the supreme court,
Forfeited, to be levied for the sup-
port of government, . . . . . . . . . . . ..
To be given by defendants asking a
special court, . . . . . . . . . . . . . . . . . . ..
Not to be discharged or affected by
stay of execution in certain cases,
0 I O 0 I 0 I 0 I o I I I I v I I I o I l I o o O n 0
RECORD, OFFICE OF. See Recorder
of Deeds.
RECORDER OF DEEDS.
To provide books and record deeds,
To record mortgages, . . . . . . . . . . . . ..
To certify on back of deeds date of
record and number and page of
book where recorded, . . . . . . . . . . ..
To certify copies of deeds under seal
of proper ofﬁce, . . . . . . . . . . . . . . . ..
Appointed for Philadelphia, . . . . . . ..
And the prothonotaries of Bucks and
Chester counties appointed, . . . . ..
May be removed ‘and others ap-
pointed by the justices of the
courts of quarter-sessions, . . . . . ..
To give bond, . . . . . . . . . . . . . . . . . . ..
Penalty for acting before giving
bond, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Fees of, regulated, . . . . . . . . . . . . . ..
Penalty for taking greater fees than
prescribed, ' . . . . . . . . . . . . . . . . . . . . . . .
RECORDER OF PHILADELPHIA.
‘Not to hold “forty shillings” or “two
weeks’ ” courts,
Certain powers granted 'to the court
of quarter—sessions not to abridge
the powers of the mayor and al-
dermen of “Philadelphia, . . . . . . . ..
Mayor, and aldermen of Philadelphia
not to be required ‘upon writ of
error to send record to the su-
preme court, . . . . . . . . . . . . . . . . . . . ..
n o a u I I n o o a I o I o o Q o
299'
299
299
300
300
300
307
345
0101
D100
56
56*
57
57
64
306
301
RECORDER OF PHILADELPHIA—Pan’
Continued.
Mayor, and aldermen of Philadelphia
upon reversal or aﬁirmance of
judgment by the supreme court to
proceed to execution or otherwise,30l-2
Mayor or, directed to investigate 0:‘-
fenses against the act forbidding
the furnishing of liquors to the In-
dians, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 312
Proceedings before the, upon suspi-
cion of such offenses, . . . . . . . . . . .. 312
Penalty for refusing to appear be-
fore the, . . . . . . . . . . . . . . . . . . . . . . . .. 312
Application of penalty, . . . . . . . . . . .. 312
No punishment to be inﬂicted until
oath be made of the service of
summons on suspected party, 312
RECORDS.
Of courts to be lodged with pro—
thonotary, . . . . . . . . . . . . . . . . . . . . . .. 82
Prothonotary to certify copies when
required, . . . . . . . . . . . . . . . . . . . . . . . .. 82
Which shall not be affected by want
of form, . . . . . . . . . . . . . . . . . . . . . . . .. 83
RE'Glis'TERsGEN‘ERAL.
To appoint administrators in place of
those removed by the Orphans‘
court, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
Bonds given to or by the, . . . . . . . . . .. 20
For whose beneﬁt, . . . . . . . . . . . . . . .. 20
Judgment in the court of common
pleas thereon, . . . . . . . . . . . . . . . . . .. 20
Scire mains to show cause to issue
before execution, . . . . . . . . . . . . . . .. 20
To give copy of bonds upon request
and to produce original in court, 20
Penalty for failure so to do, . . . . . . .. 20
Penalty, how recoverable, . . . . . . . . .. 21
Fees of, regulated, . . . . . . . . . . .106, 376
Table of fees to be constantly ex-
posed to public view in oﬂice
0t‘, . . . . . . . . . . . . . . . . . . . . . . . . . ..111, 379
No fees to be demanded without a
bill of particulars, . . . . . . . . . . ..111, 379
Receipt for payment of fees to ‘be
given by, on demand . . . . . . . ..111, 379
Penalty for neglect. refusal or over-
charging. . . . . . . . . . . . . . . . . . . ..lll. 379
Penal y. how recoverable . . . . . ..111, 379
Application of penalty. . . . . . . . ..111, 379
588 lhdkx.

Pm
REVENUE LAWS. See Taxes; Excise;
Imposts; Duties; Tariff; Internal Reve-
n-ue.
RIVERS. See Delaware; Schuylkill;
Ferries. ‘
ROADS. ‘See Highways.
ROBBERY, HIGHWAY.
Punishment for, . . . . . . . . . . . . . . . . .. 202
ROBBING ‘AND S'TE'ALI'N‘G.
Punishment for, . . . . . . . . . . . . . . . . . .. 23
ROBERTS, OWEN.
Loan of bills of credit to, author-
ized, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 407
ROSIN. See Fire.
RUM. See Liquor-s; Tariff; Internal
Revenue.
S.
Page.
REGISTER-GENERAL.-—Continued.
Liable to removal from ofﬁce for
third offense, . . . . . . . . . . . . . . . ..112, 379
REGISTER OF THE "SUPREME COURT
OF E'Q'UITY. ~
Fees of, regulated, . . . . . . . . . . . . . . . .. 106
Table of fees to be set up in court
from time to time during the sit—
ting thereof, . . . . . . . . . . . . . . . . . . . .. 111
No fees to be demanded without a
bill of particulars, . . . . . . . . . . . . .. 111
Receipt for payment of fees to be
given by, on demand, . . . . . . . . . . .. 111
lPenalty, how recoverable, . . . . . . . . . . 111
Application of pen-alty, . . . . . . . . . . .. 111
Liable to be removed ‘from ofﬁce for
third offense, . . . . . . . . . . . . . . . . . . .. 112
REGULATORS. See Surveyors, &c., of
Party Walls.
RELIGIOUS ‘SOCIETIES.
May purchase lands for burying
grounds, meeting houses, schools
and hospitals, . . . . . . . . . . . . . . . . . .. 38
And by trustees or otherwise to
take conveyances for the same,.. 38
‘Grants to, ratiﬁed and conﬁrmed, . . 38.
Gifts to charitable uses regulated, . . 38
RENT, A'RREARA‘GE‘S.
Limitation of actions, . . . . . . . . . . . .. 12
Proprietaries’ quit-rents excepted,.. 12 '
REN'TIS. .
Actions for, not to be heard ‘by jus-
tices of the peace, . . . . . . . . . . . . . .. 65
REPEAL. See Acts of Assembly.
REPLE‘VIN.
Limitation of actions, . . . . . . . . . . . . . . 12
Jurisdiction of court of common
pleas, . . . . . . . . . . . . . . . . . . . . . . . . . .69, 70
REPLEVIN, WRITS OF.
To issue from the county courts of
common pleas, . . . . . . . . . . . . . . . . . .. 306
REPRESENTATIVES IN ASSEMBLY.
See General Assembly; Elections.
RESTITUTION.
To be made by persons convicted of
petit larceny if able, . . . . . . . . . . .. 246
sKbnLEs LEATHER.
Sealer and searcher of leather to in-
spect, manufactured, . . . . . . . . . . . .. 2'61
Liable to be forfeited when made
contrary to law, . . . . . . . . . . . . . . . .. 261
Manufactured may be exported, . .262—63 .
SALE.
Levy against ‘defaulting provincial
taxpayer to be by distress and, . . .6, 7
Commissioners to cause, to be made
' of estates of delinquent collectors
of ‘arrears of provincial taxes, 9
Goods and chattels of defaulting pro—
vincial taxpayer subject to dis—
tress and, . . . . . . . . . . . . . . . . . . . .. 8'8
Levy against defaulting taxables to
be by distress and, . . . . . . . . . . . . . . . 183
Levy against defaulting collectors of
county taxes to be by seizure and, 185
Levy again-st defaulting county com-
missioners to be by distress and, . . 187
‘Penalty for making, selling or set—
ting off ﬁreworks or ‘ﬁring guns or
‘other ﬁrearms in Philadelphia to
be levied by distress and, of of-
fenders’ goods and chattels, . . . . . . 254
Penalty for unlawful use of ﬁre-
arms to be levied by distress and,
of goods and ‘chattels, . . . . . . . . . . . . 256
Index. 5 89
Page.
SALT.
Imported, how measured, . . . . . . . . .. 24
‘Fees of measurer, . . . . . . . . . . . . . . . .. 24
Excepted from duty imposed on-
goods imported, . . . . . . . . . . . . . . . .. 365
SCHOOLS.
Lands for, may be purchased by re-
ligious societies, . . . . . . . . . . . . . 38
SCI-IU’YIJKILL RIVER. ‘See Ferries.
SCI-RE EACIAIS.
Regulated on bonds given -to or by
register—general, . . . . . . . . . . . . . . . .. 20
Jurisdiction of the court of common
pleas in writs of, . . . . . . . . . . . . . . . . 70
‘To issue from the county courts of
common pleas, . . . . . . . . . . . . . . . . . .. 306
To issue, in case of default upon
mortgages given to'secure loans of
bill-s of ~credit, . . . . . . . . . . . . . . . . .. 336
, SI'lALE’RlS AND SEARCHERJS OF
HEATHER.
Penalty for using hides or skins be—
fore being allowed by the, . . . . .. 259
How appointed, . . . . . . . . . . . . . . . . . . . . 260
To keep a seal, . . . . . . . . . . . . . . . . . . .. 260
To view and search all leather,. . .260-6'1
‘To seal all suﬁ‘i-ciently tanned
leather, . . . . . . . . . . . . . . . . . . . . . . . . .. 261
‘Fees of, regulated, . . . . . . . . . . . . . . . .. 261
Term of ofﬁce of, limited to two
years, . . . . . . . . . . . . . . . . . . . . . . . . . .. 261
Powers and duties of, regulated, . . . . 261
Mileage of, regulated, . . . . . . . . . . . .. 262
Penalty upon, for neglect of duty in
Philadelphia within a day after
request made, . . . . . . . . . . . . . . . . . .. 262
Penalty, how recoverable, . . . . . . . .. 262
Application of penalty, . . . . . . . . . . .. 262
SECURITY.
To be given by importers .of con—
vict servant-s for their good be-
havior for one year, . . . . ._ . . . . . . . . . 264
‘To be entered upon appeals to Great‘
Britain regulated, . . . . . . . . . . . . . . .. 304
SEEN-ANTS. See Master and Servant;
Negroes; Indians; Slaves.
On conviction of petit larceny, not
to have an appeal unless security
be entered, ._ . . . . . . . . . . . . . . . . . . . .. 247

Page.
SERVAN TS.—Continued.
Penalty for selling liquors to, 250
Actions against, by innkeepers to
abate, . . . . . . . . . . . . . . . . . . . . . . . . . .. 251
_Duty_to be paid upon, imported ‘who
have been convicted of certain
crimes, . . . . . . . . . . . . . . . . . . . . . . . . .. 264
Importers of, who have been con—
victed of certain crimes to enter
security for their good behavior
for one year, . . . . . . . . . . . . . . . . . . .. 264
Penalty for importing or landing,
without entry, payment of duty,
&c., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
Penalty, ‘how recoverable, . . . . . . . .. 264
Application of penalty, . . . . . . . . . . . . 264
Act regulating duty on, imported not
to apply to, under a certain age
or where bond is given to export
such within three months, . . . . . . . . 266
Fees of collector for such bond
regulated, . . . .- . . . . . . . . . . . . . . . . . .. 267
Declared free from purchaser from
importer without certiﬁcate of
legal importation from a justice of
‘the peace, . . . . . . . . . . . . . . . . . . . . . .. 267
Forfeit-ures and penalties for unlaw-
fully importing, to be collected ‘by
the collector of the duty, . . . . . . . . . 267
Duty upon imported, convicted of
heinous crimes set apart to sink
bills of credit, . . . . . . . . . . . . . . . . ..401-2
SERVICE. See Process.
Of certain criminal process author-
ized in any county, . . . . . . . . . . . . . . . 301
Of subpoenas from the court of quar-
ter-sessions authorized in any .
county, . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Of domestic attachments, 'how made, 340
SERJVITUD-E.
Convicts unable to make satisfaction
for counterfeiting, &c., bills of
credit to ‘be sol-d into, . . . . . .331-32, 406
SETTLEMENT. See Poor; Overseers of
the Poor.
How acquired, . . . . . . . . . . . . . . . . . . . .. 222
>What shall be deemed a legal, . . 222
Not to‘ ‘be acquired by refusal to
leave when ordered by 'o-verseersof
the poor, . . . . . . . . . . . . . . . Persons so refusing to ‘be removed to
place of last legal, . . . . . . . . . . . . .. 223
590
Index.
Page .
SETTLERS. See Immigrants.
S‘HElRIF'F. See Oaths; Attest.
To receive the body of person taken
in execution for debt under forty
shillings, . . . . . . . . . . . . . . . . . . . . . . _. 23
Penalty for refusal to safely keep
defendant surrendered or delivered
by his sure-ties, . . . . . . . . . . . . . . . . .. 75
Duty of, upon arresting defendant
on a capias, . . . . . . . . . . . . . . . . . . . . . . 75
Penalty for failure to make return
or other breach of ‘duty, . . . . . . . . 76
To assign bail-bond at request of
plaintiff, . . . . . . . . . . . . . . . . . . . . . . . . . 76
To serve warrants of tax commis-
sioners against delinquent collect-
ors, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 88
And make return thereof, . . . . . . . . .. 89
To sell estate-s seized upon warrant
of commissioners, . . . . . . . . . . . . . .. 89
And execute deeds for lands sold, .. 89
Fees of, regulated, . . . . . . . . . . . ..101, 371
To publish tables of his fees, ..111, 379
Penalty for neglect, . . . . . . . . . ..111, 379
No fees ‘to he demanded without a
bill of particulars, . . . . . . . . . ..111, 379
Receipt for amount of fees to be
given, . . . . . . . . . . . . . . . . . . . . . . ..111, 379
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . ..111, 379
Penalty, how recoverable, . . . . ..111, 379
Application of penalty, . . . . . . ..111, 379
Liable to removal from oﬁice for
third offense, . . . . . . . . . . . . . . . ..112, 379
To assist collector in searching for
and seizing liquors and hops liable
to duty, . . . . . . . . . . . . . . . . . . . . . . . 114.
Penalty for refusal or neglect, 114
Application of penalty, . . . . . . . . . .. 114
To aid collector of duties upon ne-
groes, . . . . . . . . . . . . . . . . . . . . . . . . . .. 119
Duties of, under pro-vincial 'tax act
enjoined, . . . . . . . . . . . . . . . . . . . . . . .. 123
Penalty for neglect, . . . . . . . . . . . . . . .. 123
Election of, regulated, . . . . . . . ..139, 296
To assist collector in searching for
and seizing goods liable to duty, .. 147
Penalty for refusing or neglecting, 147
To assist collector in searching for
and seizing liquors, hops and ﬂax
liable to duty, . . . . . . . . . . . . . . . . . ., 153
SHERlFFr-Continued.
Penalty for refusal or neglect, "153
To assist collector to seize negroes
liable ‘to duty who shall be con-
cealed, . . . . . . . . . . . . . . . . . . . . . . . . . .. 160
Penalty for neglect or refusal, . . . 160
Penalty, how recoverable, . . . . . .. 160
To assist ofﬁcers of houses of cor-
rection, . . . . . . . . . . . . . . . . . . . . . . . . .. 171
To receive certiﬁcate of election of
county assessors, . . . . . . . . . . . . . . . .. 175
To certify elections of county asses-
sors to court of quarter—sessions,.. 175
To seize, sell and convey to pur-
chasers estates of defaulting col-
lectors of county taxes upon war-
rants of county commissioners, .. 185
To pay moneys arising from such
sales to the commissioners, . . . . .. 185
To seize and sell the estates‘or im-
prison the bodies of defaulting
co-un-ty commission-ers ‘upon 'war-
rant of the court of quarter-ses-
sion-s, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 187
To levy certain sums recovered
against convicts of, their lands and
goods and chattels, . . . . . . . . . . . . .. 213
To levy ‘forfeitures arising from con—
viction of larceny and pay same ‘to
provincial treasurer, . . . . . . . . . 213
Proviso in favor of Philadelphia, .. 213
To assist collectors of internal reve-
nue to search, examine and gauge
liquors, . . . . . . . . . . . . . . . . . . .231, 283,‘ 410
To be notiﬁed of certain duties by
collector of internal revenue, 232
Sued for anything done under ‘the
internal ‘revenue act,‘ may plead
the general issue and give the act
and special matter in evidence, ‘
234, 285, 413
To assist collector in searching for
and- seizing liquors, molasses, hops
and ﬂax liable to duty, 271
Penalty for refusal or neglect, 27].
To assist collector to seize negroes
liable to duty who shall be con-
cealed, . . . . . . . . . . . . . . . . . . . . . . . . . .. 277
Penalty for neglect or refusal, . . . . .. 277
Penalty, how recoverable, . . . . . . . . .. 277
Return of election of county comi
missioners to be made by, and six
electors, . . . . . . . . . . . . . . . . . . . . . .. 297
Jnaex. I . 59 1
' Page.
SHERIFF.-—Continued.
Contempts ‘and defaults of, to be ex—
amined and corrected by the su—
preme court, . . . . . . . . . . . . 303
‘Refusing or neglecting to return
tesiaiwn execution to be amerced, 307
To serve writs of domestic attach»
ment, ........... ....... ..‘.....340
To appraise inventory and secure
goods so attached, . . . . . . . . . . . . . . .. 340
Required to forbear execution upon
certain judgments, . . . . . . . . . . . . . .. 344
Penalty for, serving process on
member of the assembly exempt. 359
Penalty, how recoverable, . . . . . . . .. 360
Application of penalty, . . . . . . . . . . . .. 360
‘SHIPS AND VESSELS. See Masters of
Ships and Vessels.
Certain tonnage duties on, con-
tinued, . . . . . . . . . . . . . . . . . . . . . ..166, 238
How, liable to tonnage duties to be
gauged, . . . . . . . . . . . . . . . . . . . . . . .. 166
Penalty for using blazing ﬁre to
bream, or to heat certain inﬂam-
mable substances for the use of
ships, &c., at Philadelphia, . . . . . .. 252
Penalty, how recoverable, . . . . . . . .. 252
Application of penalty, . . . . . . . . . . . .. 252
Penalty for keeping ﬁre (candle ex-
cepted) at Philadelphia after eight
o’clocli P. M., . . . . . . . . . . . . . . . . . . .. 253
Exception, . . . . . . . . . . . . . . . . . . . . . . .. 253
Owners of, concealing the exporta-
tion of leather or raw hides to for-
feit treble the value, . . . . . . . . . . .258-59
Subject to search by inspector of
ﬂour and bread, . . . . . . . . . . . . . . . .. 290
Builders of, in the. province when
exempt from certain duties or im-
posts, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 366
SHOEEMAKERS.
Penalty for, using unsealed or un—
s-earched hides, . . . . . . . . . . . . . . . ..258—60
The making of boots, shoes and slip-
pers by, regulated and the prices
therefor, . . . . . . . . . . . . . . . . . . . . . . . .. 260
To forfeit boots, shoes, &c., unlaw-
fully made or overcharged for,. . .. 260
SHOES, See Boots and Shoes.

Page.
SINKING FUND. See Bills of Credit.
Committee of assembly to sink and
destroy bills of credit, .332-34, 403-4
Certain taxes and duties set apart to
sink bills of credit, . . . . . .3; 3-34, 400-1
SKIN-S. See Leather.
SLANDER.
Limitation of actions, . . . . . . . . . . . . .. 12
It‘ damages assessed under forty
shillings, plaintiii‘ to recover only
so much costs as damages so as-
sessed amount to, . . . . . . . . . . . . . . .. l2
SLAVERY. See Servants; servitude.
SLAVES. See Negroes; Servants; Mas—
ter and Servant; Servitude.
Negro or Indian, convicted of
making, selling or using ﬁreworks
or using ﬁrearms in Philadelphia
to be whipped at discretion of
magistrate, . . . . . . . . . . . . . . . . . . . . . .. 254
Duty imposed upon sales of, im-
ported, . . . . . . . . . . . . . . . . . . . . . . . . .. 365
SLIPPERS. See Boots and Shoes.
SOCIETIES. See Religious Societies.
SODOMY.
Punishment for, . . . . . . . . . . . . . . . . . .. 202
Importers of servants who have been
convicted of, to pay a duty and
enter security for good behavior
" for one year, . . . . . . . . . . . . . . . . . . . .. 264
SOLEBURY.
Ferry established at. in river Dela-
ware, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 316
Ferry at. regulated, . . . . . . . . . . . . ..316—18
SPANISH PISTOLES. See Money.
Value of, regulated, . . . . . . . . .. 361
SPEAKER OF THE GENERAL ASSEM—
BLY.
Empowered to order the discharge of
members arrested while exempc,.. 359
Pay of, regulated, . . . . . . . . . . . . . . . . .. 379
SPECIAL COURTS. See Court, Special.
SPECIALTIES. See Bonds.
SPIRITS. See Liquors: Tariff; Internal
Revenue.
592
Index.
s-PIRiirUoUs LIQUORS. see Liquors.
STABBING.
Statute of James I against, to be put
in force, . . . . . . . . . . . . . . . . . . . . . ..
Aiders and abettors to be deemed
accessaries, . . . . . . . . . . . . . . . . . . . . . .
STABLES, PUBLIC.
Courts of quarter-sessions to regu~
late prices for provender for
horses in, . . . . . . . . . . . . . . . . . . . . . . . .
STANDING MUTE.
Prisoners, to lose beneﬁt of clergy,
201,
STATUTES OF GREAT BRITAIN. See
Act of Parliament.
STAY OF EXECUTION. See Execution.
STEALING. See Robbing and Stealing.
STOLEN GOODS.
Receivers of, to have beneﬁt of the
, act in lieu of clergy, . . . . . . . . . . . . .
Punishment of receivers of, . . . . . . ..
How receivers of, to be punished if
thief cannot be taken, . . . . . . . . . . . .
Owners of, competent to give evi-
dence to convict thief, . . . . . . . . . . ..
STRAYS. See Estrays; Goats.
6‘.
SUBORNATION OF PERJURY. ‘See
Perjury.
How punished, . . . . . . . . . . . . . . . . . . . . .
SUBPOENA. See Service; Process.
To be issued by the supreme court,.
To be issued by the court of common
pleas into any county, . . . . . . . . . ..
Penalty for refusal to obey, . . . . . . ..
SULPHUR. See Fire.
SUMMARY CONVICTION.
In petit larceny, . . . . . . . . . . . . . . . . . ..
Appeals fro-m, in petit larceny, when
allowed, . . . . . . . . . . . . . . . . . . . . . . . . . .
Page.
203
203
37
204
204
204
204
214
210
67
70
70
246
246
SUMMARY JUDGMENT. See Judg-_
ment, Summary.
. Page.
SUMMONS. ‘ .
Commencement of actions by, regu- .
lated, . . . . . . . . . . . . . ..73, 126
To issue in actions upon bail-bonds, 74
Original process against freeholders
to be by, . . . . . . . . . . . . . . . . . . . . . . .. 358
Form of, against freeholder, ....... . .- 358
When, not to issueagainstmembers
of the assembly‘, . . . . . . . . . . . . . . . . .. 360
SUMPTUARY LAWS. See Liquors;
Leather; Provender- for Horses.
SUPERSEDElAlS.
Writ of error to be a, . . . . . . . . . . . . . 81
SUPREME COURT. See Court, Supreme.
SUPREME COURT OF OYER AND
TERMINER. See Judges of the Su-
preme Court; Court, Supreme.
SURETY. See Bail.
SURVEYOR-GENERAL.
To survey certain lands of Free So—
ciety of Traders, . . . . .- . . . . . . . .. 357
SURVEYOR OF LAND. See County
Surveyors. _
Fees of, regulated, . . . . . .109, 377
Table of fees to be constantly ex-.
posed to public view in ofﬁce of,
111, 379
No fees to he demanded without a
bill of particulars, ........ ..111, 379
Receipt for payment of fees to be -
given by, on demand, . . . . . . . ..111, 379
Penalty for neglect, refusal or over-
charging, . . . . . . . . . . . . . . . . . . . ..111, 379
Penalty, how recoverable, . . . . . . .111, 379
Application of penalty, . . . . . . . ..111, 379
Liable to removal from oﬂice for
third offense, . . . . . . . . . . . . . . . . .112, 379
SURVEYORS, &c., OF PARTY WALLS,
See Party Walls; Fences, Partition;
Philadelphia. '
SUSSEX ‘COUNTY. See Government of
Newcastle, Kent and Sussex upon Del-
aware.
Index.
593
Page.
T.
TALLOW. See Fire.
TANNERS. See Leather.
Insuﬂiciently tanned leather to be
forfeited, . . . . . . . . . . . . . . . . . . . . . . . . . 257
Exception, . . . . . . . . . . . . . . . . . . . . . . . . . 257
Penalty for, working as shoemakers
or workers of leather, . . . . . . . . . . .. 258
None but, to buy hides or calfskins
‘in the hair unless for private use, 258
Price of tanned leather regulated,. . . 259
Penalty for violation, . . . . . . . . . . . . . . . 259
TAR. See Fire.
Excepted from duty imposed on
goods imported, . . . . . . . . . . . . . . . . .. 365
‘TARIFF. See Cider; Flax; Hemp;
Hops; Internal Revenue; Liquors; Ne—
groes; Taxes.
Duties on imported liquors and hops
regulated, . . . . . . . . . . . . . . . . . . . .. 27
On imported wine regulated,
112, 150-51, 235, 268-69
‘On imported rum, brandy and
spirits regulated, 113, 151, 235, 238,
On imported-cider regulated, 113, 151,
Exception in favor of the growth of
West New Jersey, . . . . . . . . . . . . . ..
-On hops imported except the growth
of West New Jersey regulated, 113,
Importers of certain goods to deliver
to collector of duties a true ac-
count or manifesto before unload-
ing, . . . . . . . . . . . . . . . . . . . . ..113, 152,
Application to be made to the collec-
tor without notice from him,
113, 146, 154,
Collector to give a permit, gratis, for
landing, . . . . . . . . . . . . ..113, 146, 152,
‘How duties to be paid or secured,
113, 146, 152,
Penalty for landing certain goods
without entry and permit,
269
269
113
151
269
272
270
270
114, 146, 153, 160, 162, 270, 366
Penalty for landing without pay—
ment of duties or giving security
therefor, . . . . . . . . . . . . . . . ..114, 153,
Penalty, how recoveralble,
114, 146—47, 153, 160, 162, 270,
Application of penalty,
114, 146, 163,160, 162,
270‘
366
270
Page.
TARIFF—Continued.
Certain rebates on the, on liquors or
hops, &c., re-exported within four
months to be allowed,. . . . .115, 154, 272
Collector of duties appointed,
116, 148, 155, 273
Burden of proof to be upon the im-
porter, possessor or claimer of
certain goods or negroes,
116, 149, 156, 161, 274
Duty on negroes imported imposed,
117, 160, 275
Exceptions, . . . . . . . . . . . .117, 120, 160, 275
Regulation of, on imported negroes,. 118
Powers of collector of, on imported
negroes, . . . . . . . . . . . . . . . . . . . . ..118, 120
Duties of masters of vessels import-
ing negroes regulated, . . . . . . . . . .. 118
Negroes illegally landed to be for-
feited, . . . . . . . . . . . . . . . . . ..119, 160, 276
Rebate of, on imported negroes, 120, 160
On re-exported, regulated, 120, 162, 277-78
Non-payment of, on imported ne-
groes to cause forfeiture, . . . . . . . . .. 120
How recoverable, . . . . . . . . . . . . ..120, 161
Application of proceeds of forfeited
- negroes, . . . . . . . . . . . . . . . . ..120, 161, 276
Collector of, on imported negroes ap-
pointed, . . . . . . . . . . . . . . . . . . . . . . . . .. 120
Money arising from, on imported
negroes, how to be accounted for
and paid over, . . . . . . . . . . . . . . . . . .. 120
Compensation of collector of, . . . . . . . 120
Collector of, on imported negroes to
be summoned and enter security,. 120
In case of death or removal of col-
lector of, on imported negroes,
provincial treasurer to appoint
substitute, . . . . . . . . . . . . . . . . . . . . . .. 121
Pleading and evidence in suits
against collectors of, regulated, 121, 149
On goods imported from New York
or Maryland or by way of West
New Jersey or the Lower Counties
on Delaware, or colored by inhabi-
tants of Virginia regulated, 145
Importers to make entry within
twenty—four ‘hours and give an in-
voice to the collector, . . . . . . . . . . .. 146
Fees of collector of, . . . . . . . . . . . . . .. 146
Inhabitants may import! goods from
Great Britain by way of Maryland
or New York duty free, . . . . . . . . . . 146
594 ‘ - Index.
Page. Page.
'I‘ ARI'FR—Conrtinued. TARIFF—Continued.
Penalty for selling or exposing to
sale goods not entered and the
duty thereof paid or secured, 147
Penalty, how recoverable, . . . . . . . .. 147
Application of penalty, . . . . . . . . . . . . . 147
Powers of collector of, . . . . . . . . . . ..147-48
Penalty on sheriff, watersbailiff or
constable refusing to assist collec-
tor when called upon, . . . . . . . . . . .. 147
Limitation of action in suits against _
collectors of duties, . . . . . . . . . . . . . .. 149
Duration of act, . . . . . . . . . . . . . . . . . . .. 149
Discriminating rate of, in favor of
resident importers and ship-
owners, . . . . . . . . . . . . . . . . . . . . ..151, 268
Discriminating rate of, in favor of
residents of West New Jersey, . .. 151
The Lower Counties or West New
Jersey to pay a duty of three shil—
lings per barrel, . . . . . . . . . . . . . . . .. 151
All ﬂax imported, except as above,
to pay a duty of four pence per
pound, . . . . . . . . . . . . . . . . . . . . . . . . . .. 151
A rebate of ten per cent to be al-
lowed for immediate payment,... 152
Importer or claimer of liquors, hops
or ﬂax to discover under oath
whether the property of inhabi-
tants or others is liable to, ...155, 273
Penalty for refusal, .. . .155, 160, 162, 273
Application of penalty, 155, 160, 162, 273
Upon refusal goods to be forfeited,
one moiety to the governor, the
other to the informer, . . . .155, 160, 162
Importer, owner or claimer to im-
mediately pay duty in ready
money or secure payment within
four months, . . . . . . . . . . . . . . . ..160, 276
In the absence of proof of payment
the negroes or their value to be
forfeited. . . . . . . . . . . . . . . . . . . . . . . .. 161
Negroes liable to duty on board ves-
sels trading in river Delaware to
be entered as though coming from
sea, . . . . . . . . . . . . . . . . . . . . . . . . ..162, 277
Masters or owners of vessels with
negroes on board, remaining for
twenty-four hours without making
entry, to give security not to land
them without entry and "permit,
under penalty of forfeiture, . .162, 277

N eg-roes to be forfeited if not actu-
ally re-expo'rted upon such abate-
ment or if returned without entry,
162, 278
Negroes brought or sent by actual
settlers not to be liable to duty,
but security to be entered not to
sell them within sixteen months,
163, 278
Such negroes to be forfeited if se-
curity be not given or, paid, ..163, 276
On tonnage of all vessels imposed
the majority of v‘whose owners are
~not inhabitants, .' . . . . . . . . . . . ..165, 238
How such tonnage duties are to be
ascertained and paid or secured,.. 165
A rebate of ten per cent to be'. al-
lowed for immediate payment, 166
Penalty for unloading before duties
are paid or secured, . . . . . . . . . . . .. 166
Penalty, how recoverable, . . . . . . . . .. 166
Application of penalty, . . . . . . . . . . . .. 166
Masters, owners and freighters per-
sonally liable for such duties, . 166
Duration of act imposing tonnage
duties, . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Owners of such imported wine, rum,
brandy, &c., to enter the same and
take permits for the sale thereof
under same penalties ‘to which re-
tailers are subject, . . . . . . . . . . . . . . . 235
Dutyon convicts imported regulated, 264
On imported molasses regulated, . . . 269
Discrimination in favor of residents
of Lower Counties and of West
New Jersey, . . . . . . . . . . . . . . . . . . . . .. 269
On ‘imported hops and ﬂax regu-
la‘ted, . . . . . . . . . . . . . . . . . . . . . . . 269
A rebate of ﬁve pounds per cent to
be allowed for. immediate payment, 270
Duties upon certain imports set
apart to sink certain bills of
credit, . . . . . . . . . . . . . . . . . . . . . . .333, 402
Proviso allowing innkeepers. to sell
liquors at wholesale, duty free, re-
pealed, . . . . . . . . . . . . . . . . . . . . 363
On liquors imported reduced, 364
on molasses imported in ships built
in the province repealed, . . . . . . .. 364
Rebate to be allowed on ‘duties on
certain imports when paid in coin, .364
Index.
595
Page.
TmRIFFr-Comtinued.
‘Such rebate to be in force for all de~
ductions. for prompt pay, . . . . . . . . . 364
Duty imposed upon goods and, serv~
anms importedl'anld sold, . . . . . . . . .. 365
Exceptions, . . . . . . . . ..' . . . . . . (“365-66
Powers of collectors to enforce col-
lectzi-on of duties, . . . . . . . . . . . . . . .. 366
Deﬁnition of “inhabitants” within
the meaning of, act, . . . . . . . . . . . .. 366
Duration of act, . . . . . . . . . . . . . . .. 367
TAVERN, KEEPER OF. See innkeepers.
May be ‘licensed upon I recommenda-
tions of the courts of quarter-ses-
sions, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293
To enter recognizance to governor... 293
TAVERNS. See Inns; Innkeepers; Pub-
lic Houses; Public House Keepers; Li-
quors; Tavern, Keeper of.
Prices of liquors retailed in, to be
regulated by the court of quarter—
sessions,
J ud-ges not to recommend persons for
licenses to keep, until applicants
O l I i O a I O n u O t l Q I O I I 0 O I Q O O 1
enter bonds, . . . . . . . . . . . . . . . ..
Penalty for keeping, before bond
given, . . . . . . . . . . . . . . . . . . . . . . . . . ..
No one but licensed keepers of, to
sell liquors for immediate use or
by retail under penalty, . . . . . . . . ..
Courts of quarter-sessions may rec-
ommend ﬁt persons to keep, . . . . ..
TAX RATE. See Taxes, iOounty, As-
sessment.
TAXES. See Tariff; Internal Revenue.
37
248
248
249
293
Householder’s or employer's goods’
liable to distress for, due by free-
men not householders and not
found by collectors, . . . . . . . . . ..
County commissioners to make as-
sessments to pay for killing
wolves, . . . . . . . . . . . . . . . . . . . . . . . . ..
Rates for killing wolves ﬁxed, . . . . ..
How payment for killing wolves
shall be made, . . . . . . . . . . . . . . . . . ..
TAXES, COUINTY.
An extra county tax levied to sink
certain bills-of credit, . . . . . . . .334,
38-.-—II
135
176
178
178
403
T‘AXES, COUNTY, ASSESSMENT.
To be made to make good deﬁcien-i
cies in former assessments, Public debts and charges to be _cal~
culated annually by county com-
missioners and assessors, who
shall adjust the sums of money
necessary to be raised, . . . . . . ..176,
Time of annuahﬁxed, . . . . . . To include payments for wolves and
foxes killed, . . . . . . . . . . .., . . . . ..
To be made impartially, . . . . . . . . . . ..
Rate of, on single men whose estates
shall not be rated at ﬁfty pounds,.
Rate of, limied, . . . . . . . . . . . . . . ..1'79,
Appeal from, allowed to county com-
missioners, . . . . . . . . . . . . . . . . . . . . . .
Proceedings on appeals from, regu—
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Duplicates of. to be given to county
commissioners and to collectors of
county taxes, . . . . . . . . . . . . . . . . . . ..
Persons neglecting to appear before
county commissioners to pay
double assessment, . . . . . . . . . . . . ..
TAXES, COUNTY, COL-LECTlON OF.
County assessors to appoint collec-
tors of county taxes, . . . . . . . . . . ..
jCollectors to pay over collections to
_ vcounty treasurers, . . . . . . . . . . Goods ‘and chattels of defaulting tax—
payers suhject to distress and
sale,
If no distress can be found, tlefaulter
to be imprisoned, . . . . . . . . . . . . . . ..
Proviso as to partial distress and im-
prisonment for residue, . . . . . . . . ..
Employers or owners of place of
habitation of freemen subject to
poll tax vto be liable for such free-
men’s taxes, . . . . . . . . . . . . . . . . . .i
a o Q a 0 a a a u o I n a c i u D i I I o I O u u i I I I
TAXES, COUNTY, PAYMENT OF.
To be made in ready money or mer-
chantable wheat, . . . . . .
TAX-ES, COUNTY, SUBJECTS OF TAX»
A‘TION.
“Regard” to be had “to such as are
poor or have a charge of children,”
Single men whose estates shall not
berated at ﬁfty pounds to be sub—
ject to poll tax, , . . . . . . . . . . . . . . . ..
Page.
176
179
176
176
179
179
296
179
181
181
181
181
183
183
183
183
186
181
180
180
596
I ndex.
TAXES, COUNTY, &c.—Continued
Page.
No single person under twenty-one
years or not out of servitude or
apprenticeship six months to be
rated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 180
Employers or owners of place of
habitation of freemen subject to
poll tax to be liable for such free-
men’s taxes, . . . . . . . . . . . . . . . . . . . .. 186
TAXES, PROVINCIAL.
Duty imposed on liquors sold at re-
tail, . . . . . . . . . . . . . . . . . . . . . . . . . ..27, 141
A duty imposed on hops imported,. . 27
Tax upon liquors sold at retail,. . .27, 141
Retailers of liquors to report to tax
collectors and pay duties found to
be due, . . . . . . . . . . . . . . . . . . . . . ..27, 142
Penalty for failure, . . . . . . . . . . . . . .27, 142
Penalty, how recoverable, . . . . . . .27, 142
Application of penalty, . . . . . . . . ..27, 142
Powers and duties of collectors, ..27, 142
Duty of justices of the peace, .. . .27, 142
Punishment for retailing liquors
contrary to the act, . . . . . . . . . . ..28, 142
Allowance for leakage, . . . . . . . . . .28, 142
Penalty for landing imported hops
without a permit, . . . . . . . . . . . . . . .. 28
Penalty, how recoverable, . . . . . . . . .. 28
Application of penalty, . . . . . . . . . . .. 28
Powers of collectors, . . . . . . . . . . . . . ..28
Proceeds of duties on liquors and
hops to be paid to provincial treas-
uirer, . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28-9
His compensation, . . . . . . . . . . . . . ..29, 144
Disposition of proceeds of duties, 29, 144
Duties of constables, . . . . . . . . . . ..29, 144
Who shall be liable to, . . . . . . . . . . . . . 83
Proprietary and lieutenant-governor
exempted, . . . . . . . . . . . . . . . . . . . . . . .. 83
Rate of, ﬁxed, . . . . . . . . . . . . . . . . . . . .. 84
To be paid by the owners or posses-
sors, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 84
Exemption, . . . . . . . . . . . . . . . . . . . . . . .. 84
Freemen not worth ﬁfty pounds to
pay four shillings per head, . . . . .. 84
Commissioners appointed to enforce
collection, . . . . . . . . . . . . . . . . . . . . . . .. 84
Powers of commissioners of, .....84, 120
When and where to meet, . . . . . . . . .. 84
Two to be a quorum, . . . . . . . . . . . . . . . 84

Page.
TAXES, PRJO)VINICIAL.-—~Conltinued.
Freemen not householders to be
taxed where they reside when
names taken, . . . . . . . . . . . . . . . . . . . .
Time of enforcing collection of, en-
90
larged, . . . . . . . . . . . . . . . . . . . . . . . . . 123-24
Powers and duties of certain oﬂicers
in the collection of, revived and
enjoined, . . . . . . . . . . . . . . . . . . . . . . . .
Householder’s or employer's goods
liable to distress for, due by free-
men not householders and not
found by collectors, . . . . . . . . . . . . ..
TAXES, PROVINCIAL, ARREARS OF.
Commissioners appointed to compel
collection of, in the several coun—
ties,
Who shall appoint collectors, . . . . . ..
O I I I I I O I O Q U O O l I I I U O O Q I I I l . Q I .
TAXES,
OF.
Assessors to be summoned by sheriff
to meet commissioners,
PROVINCIAL, A'SS E'SISMEN T
O O I I O I O O.
Cons-tables to certify to assessors
names and property of taxables, . .
Duties of assessors, . . . . . . . . . . . . . . ..
TAXES, PROVINCIAL, COLLECTION
OF.
Collectors to be appointed by asses—
sors,
Goods and chattels of defaulting tax-
payer subject to distress and sale,
Overplus if any to be returned‘ to
owner,
If no distress found, defaulter’s body
to be imprisoned, . . . . . . . . . . . . . . ..
Freemen not householders and not
found by collector where assessed
to be apprehended on warrant of
commissioners, . . . . . . . . . . . . . . . . . . .
And imprisoned until taxes and
charges are paid, . . . . . . . . . . . . . . . . .
Householder’s or employer’s goods
liable to distress for, due by free—
men not householders and not
found by collectors, . . . . . . . . . . . . . .
O I I I I Q O O O O I O I l I I I O O C I O I O I O O O I
I I l I O I I l I I O I O I I I I I I O I I O I I O O
TAXES, PROVINCIAL, PAYMENT OF.
To be made in money, ﬂour or wheat,
123
135
84
84
85
84»
88
88
88.
90‘
90
135
86
Index.
S97
Page.
TENDER.
Refusal of, of bills of credit in pay-
ment may be pleaded in bar of an
action for the debt, . . . . . . . . . . . . . . 394
Defendants may pay bills of credit
into court in satisfaction of moneys
due on bonds, &c., . . . . . . . . . . . . . . . 394
TENDER O-F AME‘N‘DS.
IPlea of trespass quare clausum frcgit, . 12
TEN‘EIMENTS. See Lands and Tene-
ments. ‘
TERMS OF COFUIRT. See Courts.
TERRITORIES. See Government of
Newcastle, Kent and Sussex upon
Delaware.
TES‘TATUM.
Upon alias execution when defend-4
ant cannot be found or has no
lands or goods, . . . . . . . . . . . . . . . . .. 71
THEFT. ‘See Larceny. -‘
THREE LOWER COUNTIES. See Gov-
ernment of Newcastle, Kent and Sus-
sex upon Delaware.
TIMBER. See Waste.
TIPPLING HOUSE. See Innkeepers. _
Not to be kept unless licensed, 292
Powers of the court of quarter-see
sions to regulate sale of liquors
and suppress disorders in a, 293
TOBACCO.
Excepted from duty imposed on
goods imported, . . . . . . . . . . . . . . . .. 365
TONIN'AIGE DUTIES. See Tariff.
TOWN CLEIRKIS.
To ‘report schedule of ‘ﬁnes to the
sheriff yearly, . . . . . . . . . . . . . . . . . . .. 46
Penalty for failure, . . . . . . . . . . . . . . . . 47
Penalty, how recoverable, . . . . . . . . .. 47
Application of penalty, . . . . . 47

' Page-
See Indians; Bounty; 'Hemp;
:N‘egroes; Beef; Tariff; Taxes; Flour;
Bread; Biscuit; Bakers; Bolters;
Wheat; Masters of Ships and Vessels;
Merchants; Servants; Leather; Boots
and Shoes; ‘Saddles; Carriers; S'hoe-
makers; Tanners; Beer; Ale; Brewers;
Internal Revenue; Liquors; Molasses;
Pork; Ships and Vessels; ‘Tobacco.
Certain laws of ‘Great Britain to be
enforced against brewers, butch-
ers and others who combine to ad-
vance prices, . . . . . . . . . . . . . . . . . . .. 294
TRAJ‘DE WITH INDIANS.
Regulated, . . . . . . . . . . . . . . ._ . . . . . . . .310-11
TRANSCRIPT OF lRECORDS. See Er-
ror, Writ of.
TREASON.
Courts of quarter-sessions not to try,
or other felonies of death, . . . . . .. 33
To be tried by the justices of the su-
preme court, . . . . . . . ..'. . . . . . . . . . .. 68
High,‘ to be tried ‘by the laws of
‘Great Britain, . . . . . . . . . . . . . . . . . .. 200
Petit, to be tried by the laws of the
province, . . . . . . . . . . . . . . . . . . . . . . . .. 200
Misprision of, to be tried by the laws -
of the province, . . . . . . . . . . . . . . . . . . 200
TREASURER. See County Treasurer;
Provincial Treasurer.
TREATIES WITH THE INDIANS. See
Provincial Treasurer; Indians; Li-
quors.
TREBLE COSTS. See Costs.
TRES‘PAIS‘S. '
Limitation of actions, . . . . . . . . . . . . .. ~12
TRESPASS :QUARE CLAUS'UM FRE—
GIT.
Limitation of actions, . . . . . . . . . . . . .. 12
If trespass negligent or involuntary,
defendant may plead a disclaimer
and a tender of amends before
action is brought, . . . . . . . . . . . . . . .. 12
If issue found for defendant, or if
plaintiff nonsuited, plaintiff barred
from all actions, . . . . . . . . . . . . . . .. 12
5 98 17801617.
Page. Page.
TRIAL BY JURY. See Freeman. TRUSTEES OF GENERAL LOAN 01F-
. a . . FIC'E.--‘C~'on-tinued.
TRIALS‘ bee C1 Imma'l Law‘ To sit at Bristol and Chester as oo-
TROVER. casion may require, . . . . . . . . . . . .. 328
Limitation of actions, . . . . . . . . . . . . .. 12 To endorse payments on mortgages,
TRUSTEES. See Trustees of General
, Loan Oﬂ‘ice.
To invest by leave of Orphans’ '
328, 399
To release mortgages upon ‘ﬁnal pay-
ment and enter such release on
margin of record, . . . . . . . . . ..328, 399
court, . . . . . . . . . . . . . . . . . . . . . . . . .. 17 To administer Oath m, afﬁrmation to
To gwe Securfty’ ‘ ' ' ' "j"_' ' ' ' ‘ ' ‘ " 17 applicant for loan of bills of credit
To be responsible for prmcipal only that he Owns the lands’ &cu offered
if unable to invest, . . . . . . . . . . . . .. 17 as Security’ free ‘of all trusts and
Wm? to be name to pay ix‘l'tere'st’ " 17 incumbrances except certain rents,
Receipts given by, to be binding, .. 18 328_29’ 395
Dlscharge of‘ upon Settlement of ac— To 'deliver certain bills of credit to
counts, . . . . . . . . . . . . . . . . . . . . . . . . . .. l9 treasurers of the Several counties
BMW? to be 939F816“, ‘ ' ' ' ' ‘ ' ' ‘ ' ' " 19 for public works, . . . . . . . . . . . . . . . .. 334
Religious societies may ‘take con- l Power to" loan bins of credit upon
veyances of lands through, 38 _
Such conveyances ratiﬁed, . . . . . . . . .. 38 plate as Seounty regulated’ "335’ 401
Lands of Free Society of Traders Appointment of successors or, regu--
vested in, for sale and distribution, 347 la'tede ' ' - - ~ ' ~ - ~ - - - ‘ ' ‘ ' - - - ' ' ' "335’ 391
Upon default, to foreclose mortgages
TRUSTEES OF GENERAL LOAN OF- taken by them as security for
FICE. loans. . . . . . . . . . . . . . . . . . . . . . . .. 336
Appointed, . . . . . . . . . . . . . . . . . . . ..325, 391 Proceedings upon such foreclosures
Certain bills of credit to be delivered regulated, . . . . . . . . . . . . . . . . . . . . . . . 336
to, . . . . . . . . . . . . . . . . . . . . . ..325, 390, 393 To prosecute to judgment and execu-
Compensation of, regulated, ..325, 392-93
To enter security and take an oath

tion actions against fraudulent
mortgagors, . . . . . . . . . . . . . . . . . . ..337-38
or afﬁrmation, . . . . . . . . . . . . . ..326, 393 Treasurers’ receipts 'to, for bills of
Form of oath or afﬁrmation of, 326, 393 credit to ‘be good discharges, 361
To examine "911165 of ‘and title to Given discretion as to attendance at
lands’ 850" Offered as Security fol‘ general loan ofﬁce, . . . . . . . . . . . . .. 361
loansof bills of credit, . . . . . . ..326, 395 Empowered to loan bins ‘of credit ‘on
Authorized to loan. eleven thousand land Subject to certain rents, 386
pounds of bills of credit, . . . . . . .. 326 ,
Laws of bins of credit by, regw To ascertain value of such land over
lated' _ ' _ ' . . ‘ ‘ _ “326429, 335’394r96, 399 the rents, . . . . . . . . . . . . . . . . . . . . . .n 386
To take mortgages as Security for Only one-third of value of land above
loans of bills of credit, . . . . 396 rent’? to be loaned by’ 1“ b‘ns of
HOW mortgages taken by, to be exe_ credit,- . . . . . . . . . . . . . . . . . . . . . . . 386
cuted, acknowledged and recov_ To permit Quakers to declare instead
ered, . . . . . . . . . . . . . . . . . . . . . ..azaaaesr of afﬁrm’ ' ' ' ' ' ' ' ' ' ' ‘ ' ' ' ' ' ' ' ‘ ' ' ' " 386
Powers and duties cf, regulated. U'P‘On default of payment of loans
32630’ 332' 334436. 338' 390, 407 of bills of credit the, to prosecute
Copies of mortgages Certiﬁed by’ ‘to such actions as they think ﬁt, 387
be evidence, . . . . . . . . . . . . . . . ..327, 397 To cause certain bills of credit 150
Fees of clerk of, for drawing and re- be printed, . . . . . . . . . . . . . . . . . . . . . . . 390
cording bonds and mortgages regu- To be charged with bills of credit de-
lated, . . . . . . . . . . . . . . . . . . . . ..327, 397-98 liver-ed to them, . . . . . . . . . . . . . . . . .. 391
397 Incorporated, . . . . . . . . . . . . . . . . . . . . .. 392
Clerk of, to be appointed. . . . . . .327.
. Index. 599
TRUSTEES OF GENERAL LOAN OF- Page
FI-CE.--‘Con-binuecl.
To hold, sell and grant lands con-
veyed to ‘them as security for loans
of ‘bills of credit, ..... ...... .. 392
Attendance of, at loan ofﬁce regu-
lated, . . . . . . . . . . . . . . . . . . . . . . . . . . .. 392
Authorized to loan twenty—six thou-
sand ﬁve hundred pounds of bills
of credit, . . . . . . . . . . . . . . . . . . . . . . 394
Empowered to make searches in any
‘ public ofﬁce, . . . . . . . . . . . . . . . . . . . .. 395
Clerk of, to be appointed, . . . . . . . . .. 397
To be sworn or affirmed, . . . . . . . . .. 398
To enter judgment by warrant of at-
torney upon default in payment of
bonds given for ‘bills of credit
loaned, . . . . . . . . . . . . . . . . . . . . . . . . .. 398
Proceedings of, upon default of pay—
ment of loans by borrowers regu--
dated, . . . . . . . . . . . . . . . . . . . . . .. 400
To issue execution or enter upon
mortgaged lands and sell same, . . 400
To deliver certain bills of credit to
treasurers of the several counties
and of the city of Philadelphia for
public works, . . . . . . . . . . . . . . . . . ..402~3
To reward prosecutors of insolvent
counterfeiters, &c., of bills of
credit, , . . . . . . . . . . . . . . . . . . . . . . . . . . . 406
Authorized to loan four hundred
pounds in bills of credit to Owen
Roberts, . . . . . . . . . . . . . . . . . . . . . . . . . 407
To preserve counterfeit bills of
[credit delivered to them, . . . . . . . . . 409
TURPEN’TINE. See ‘Fire.
TUTORlS. See Guardian and Ward.
, U.
USURY.
Penalty for charging, . . . . . . . . . . . . .. 339
Penalty, how recoverable, . . . . . . . . .. 339
Application of penalty, . . . . . . . 339
V.
VESSEIJS, MASTERS OF. See Masters
of Ships and Vessels.
VIEW, wRrrs or.
To issue from the county courts of
common pleas, . . . . . . . . . . . . . . . . . .. 306

Page.
VIEWERS.
May be appointed by justices of the
peace in adjusting damages caused
by estrays, . . . . . . . . . . . . . . . . . . . . . . 241
W.
WAGE'R OF LAW.
Not allowed, . . .46, 147, 153, 161, 17 4, 193,
195, 228, 230, 232, 233, 245, 262, 266, 271,
276, 291, 311, 317, 319, 323, 339, 360, 379
WAiGONlS. '
Penalty for drawing, unlawfully in
Philadelphia, . . . . . . . . . . . . . . . ._ . 23
WAIN-S.
Penalty for drawing, unlawfully in-
1Philadelphia, . . . . . . . . . . . . . . . . . . .. 28
WARDS. "See Guardian and Ward.
WARRANT.
County commissioners to issue, to
collectors of county taxes requir-
ing them to collect sums assessed, 181
County commissioners to issue, to
collectors of county taxes to make
distress and sale of goods and
chattels of defaulting taxables, . . . 183
To be issued by county commission—
ers to sheriff or coroner to take
the bodies and seize and sell the
estates of defaulting collectors of
county taxes, . . . . . . . . . . . . . . . . . . .. 185
To be issued by the courts of quar—
ter-sessions against estates and
bodies of defaulting county com~
missioners, . . . . . . . . . . . . . . . . . . . . . .. 187
WARRANT OF ATTORNEY.
To be given with bonds for bills of
credit loaned, . . . . . . . . . . . . . . . . . . .. 397
To be entered in the court of com-
mon pleas upon default, . . . . . . . .. 397
WASTE.
‘Writs to stay, to be granted by the
supreme court, . . . . . . . . . . . . . . . . . .. 66
W ATER-BAILIFF. _
To assist collector in searching for
and seizing goods liable to duty,
114, 147, 153, 271
600
Index.
Page.
WATER—BAILIFF.--Oo'n\tinued.
Penalty for refusal or neglect,
. 114,147, 153, 271
To‘aid collector of duties upon me
groes,’ . . . . . . . . . . . . . . . . . . ..119, 161, 277
Penalty for neglect or refusal, ..161, 277
Penalty, how recoverable, . . . . . . . . . . 161
wErci-r'rs AND MEASURES. '
Gauger of cash appointed, . . . . . . . . . . 322
Duties of gauger of cask regulated, 322
WHEAT. See Flour.
Imported, how measured, . . . . . . . . .. 24
Fees of measurer, . . . . . . . . . . . . . . . 24
Receivable for taxes, . . . . . . . . . ..86, 181
Penalty for grinding unsound, for
exportation, . . . . . . . . . . . . . . . . . . . . .. 380
Penalty, how recoverable, . . . . . . ..380—81
Application of penalty, . . . . . . . . . ..380—81
WHIPPING.
Simple larceny to be punished by, .. 211
Part punishment for pauper neglect-
ing to wear prescribed badge. . . .. 225
Part punishment for petit larceny, 246
Part punishment for negroes or In‘
dians using ﬁrearms in Philadele
phia, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ‘>54
Part punishment for counterfeiting
or uttering counterfeit bills of
credit, . . . . . . . . . . . . . . . . . . . . . . . .331, 406
WINE. See Liquors; Tariﬁ; Internal
Revenue. '
Duties on, imported regulated,
112,150, 268~69
WITCHCRAFT.
Statute of James I against, to be put
in force, . . . . . . . . . . . . . . . . . . . . . . . .. 203
‘WITNESSES. ISee Oaths; Attest; Afﬁr'
mation.
Fees of, regulated, . . . . . . . . . . . . ..108, 377
Six freeholders required to attest
certiﬁcate of election of county as’
sessors, . . . . . . . . . . . . . . . . . . . . . . . . .. 176
May qualify by an afﬁrmation, 201
False affirmation by, to be perjury, 201
Process to compel appearance of, to
be allowed prisoners on trial for

Page .
WOLVES.
County commissioners to make as-
sessments to pay for killing, . . . . 176
Rates for killing, ﬁxed, . . . . . . . . . . .. 178
How payment for killing, shall be
made, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
WOMEN. See Feme Covert ,- Feme Sole
Trader; Married Women.
Felons claiming beneﬁt of clergy to
suffer same punishment as men, . . 208
WOODS.
When, not to be ﬁred without no~
tice, . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25
Penalty for violation, . . . . . . . . . . . . .. 25
WORKHOUSES. See Houses of Correc-
tion.
WO‘UNIDINIG. See Mailming; Cutting.
Limitation of actions. . . . . . . . . . . . . .. 12
WRITS. See Inquiry, Writ of; Foreign
Attachment; Execu tion ; Distress;
Sale; Error, Writ of; Summons.
For the commencement of actions
regulated, . . . . . . . . . . . . . . . . . . . . .73, 126
To be issued without praecipes, . . . . 127
Not to abate for want of praecipe or
of form or for any variance, . . . . .. 127
Courts of quarter-sessions empow-
ered to issue certain, into any
county, . . . . . . . . . . . . . . . . . . . . . . . . . . 301
Of error to the supreme court. al-
lowed, . . . . . . . . . . . . . . . . . . . . 301
Certain, to be issued by the supreme
court, . . . . . . . . . . . . . . . . . . . . . . . . . . . 302
Issuing out of the supreme court to
be granted of course, . . . . . . . . . . .. 304
How, issued by the supreme court to
be tested, sealed and made return-
able, . . . . . . . . . . . . . . . . . . . . . . ..-.....304
WRITS OF INQUIRY. See Inquiry,
Writ of.
To be awarded upon interlocutory
judgment, . . . . . . . . . . . . . . . . . . . . . . .. 79
Practice upon judgment entered
upon demurrer, confession or m‘ht‘l
. Mm can, . . . . . . . . . . . . . . . .. 79
capital crimes, . . . . . . . . . . . W; mgﬁgmﬁgg
M3 8 i838


3%
U
H i
1


|
1
'3


55
lg:
. i“
.. , , 4
sea. eaﬁamw w, are enema? a a. are,“ . t .
r. a" . neiﬁim... . at .s .2 He. .... mu, m ..a ease
p . .
Haimmamﬁm Wmwmwwatgwmﬁwwmeﬁa
lit-Q4 =20’; .. ‘a!
ill
#5
{la-"3.: .l -
.17 a l!-
.
a“
- .. inun- l
maul-“In L1.‘ -
Miwwlwvﬁrs ,Pnmw
w
an


., a i . i. s
, H. z.’ . .ﬁawva =1. an aim ._ . £22., . . a i
, i , . . I Z l . :1 .37“: .3. w .54 a. I . in .“nnnwﬂm. .. 5 ..Zz. 1 . _ .
. . .. ,%waﬁ é. as new a ,eeﬁmmw wean? m ease iii» 5 3.2, F 3. i t a.
. t .1. .mm AH. .v. ma n35’ . emu. zmzn ..M Cmxwnnrm "FEW... nmmﬁkm mmwwu 1 . 1.3.» "iv mnaammvzﬁhaiwwn r H . tin u 1am. ram. ...wml ,.
r . ; . , i 4* , F? _ n . m m“ I“: d N» » 4 ﬁx: smmhﬂvﬁmwﬁmﬁﬂuurnmwwu w in r .31. "m undue“, am‘ ﬁw . ..w r," . , mm“? 3. nﬁmmmn .inalr-mieu E _ u
.z i v . . Q n a: JLMW'H. . nu“ . rﬂimm . mm“. m .. . 4. M» _ “M wuwvﬂmm. 21w. - F, .Iemntmnmu-Kxnr . z. “N . "u. an? Kmvmmwwuatmu if“ . n . “Pm-“a \ .umm . my. . .. . YU, 5mm
7. . {in is ..3 he aw: 14mm". T as m ...f new i? .Kmmw. M5 ﬁaEQkwEEerF m. as: we . . Egﬁmwmmc .w are. .. E .T... . ..eq a . .. . .. time, . . , 3am". :1 .
i we? .2. bwmmux" .. “late. a k: . in". e .m! _ n4. hula mini .2 :35“ . anal . [mi ...2. 51.9": ELF. in: .2? . tau L a} at... .h? . . a . mvunvmtzm I: :HnLawh-a . ,
,7 Harrie? 5». t a . an a i an“ a: . n. a it . 3,? an . F tantra? . .3 . ...m a .. . ti... 3%; .ﬂ . m l.
.. .tnmir. .13.... V E . .. huh. a .53.. 52%; _._. .... rd. A“ E n Cw? . .nmnmsﬂm. Enmmnmm .» a .- .. 11m. ..m ..uLZa. mmmmmmiu :. m, ‘mar. .t,
it were“. t. mew ate. a , .. .1 ., tillit: o . iremea E2 , has”??? iigctauwflatairnwe. =1Wnﬁ$§3§ﬂ§§ ana lliw t ,saaameéhdww ..Emﬁﬁ ..

" mm/i/iiii/i/ii/i/ii/i
I
‘I’
III!
all!
I
III’
I
I
I
I
I
‘III
I!
I
I
I
‘I
I
I
I’
IllIII/IIII
3 9015 04899 1346


‘..4.‘ ’<,_ .:?>*‘.m M
‘.7 H‘ L'_,_‘§_:-_. __ I
Q
Q;- > --. ..~-

0
-~,.~-‘ .
up’. _ ~. .-.


m _._~.--;w. ‘MAM’