CHAP. CVII. The LAW concerning Liberty of Conscience.

[See Page 4.]

CHAP. CVIII. An ACT against Murther and Manslaughter.

Altered and supplied by the Act for the Ad­vancement of Iustice, passed the 4 Georgii.

CHAP. CIX. An ACT against Burglary.

Supplied by 4 Georgii.

CHAP. CX. An ACT against Robbing and Stealing.

Supplied by 4 Georgii.

CHAP. CXI. An ACT to restrain People from Labour on the First Day of the Week.

TO the End that all People within this Province may with the greater Freedom devote themselves to re­ligious and pious Exercises, BE IT ENAC­TED, &c. That according to the Example of the Primi­tive Christians, and for the Ease of the Creation, every First Day of the Week, commonly called Sunday, all Peo­ple shall abstain from Toil and Labour, that whether Masters, Parents, Children, Servants, or others, they may the better dispose themselves to read and hear the Holy Scriptures of Truth at Home, and frequent such Meetings of religious Worship abroad as may best suit their respec­tive Persuasions. And that no Tradesman, Artificer, Penalty on Working up­on the First Day of the Week. Workman, Labourer, or other Person whatsoever, shall do or exercise any worldly Business or Work of their ordinary Callings, on the First Day, or any Part thereof (Works of Necessity and Charity only excepted) upon Pain that every Person so offending, shall, for every Offence, forfeit the Sum of Twenty Shillings, to the Use of the Poor of the Place where the Offence was committed; being thereof convicted before any Justice, either upon his View, Confession of the Party, or Proof of one or more Witnesses. And the said Justice shall give Warrant, under his Hand and Seal, to the next Constable where such Offence shall be committed, to levy the said Forfeitu [...] or Penalty by Distress and Sale of [Page 46] the Offender's Goods and Chattels, rendering to the said Offender the Overplus of the Money raised thereby.

Exception.PROVIDED ALWAYS, That nothing in this Act contained shall extend to prohibit the Dressing of Vic­tuals in Families, Cooks-Shops or Victualing-Houses, or to Watermen landing their Passengers on the First Day of the Week; nor to Butchers their Killing and Selling of Meat, or Fishermen from selling Fish on the First Day of the Week, in the fourth, fifth and sixth Months, called Iune, Iuly and August; nor to the Crying of Milk, before Nine of the Clock in the Morning, or after Five in the Afternoon.

No Person to be impeached ten Days af­ter the Of­fence com­mitted.PROVIDED ALSO, That no Person shall be impeached, presented or molested for any Offence before-mentioned in this Act, unless he or they be prosecuted for the same within ten Days after the Offence committed.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Writ to be served, ex­cept for Trea­son, &c. That no Person or Persons upon the First Day of the Week, shall serve or cause to be served or executed any Writ, Precept, Warrant, Order, Judgment or Decree, except in Case of Treason, Felony or Breach of the Peace; but that the serving of any such Writ, Precept, Order, Judgment or Decree shall be void to all Intents and Purposes whatsoever: And the Person or Persons so serving or executing the same, shall be as [...] to the Suit of the Party grieved, and to answer [...], to him for doing thereof, as if he or they had done the same without any Writ, Precept, Warrant, Order, Judg­ment or Decr [...]e at all.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Penalty on Persons who sit Tipling in Taverns, &c. on the first Day of the Week. That all Persons who are found Drinking and Tippling in Ale-Houses, Taverns, or other publick House or Place, on the First Day of the Week, commonly called Sunday, or any Part thereof, shall, for every Offence, forfeit and pay One Shilling and Six Pence, to any Constable that shall demand the same, to the Use of the Poor: And all Constables are hereby impowered, and by Virtue of their Office, required to search publick Houses and Places suspected to entertain such Tipplers, and them, when found, quietly to dispe [...]se; but in case of Refusal, to bring the Persons so refusing before the next Justice of the Peace, who may commit such Offenders to the Stocks, and [Page 47] bind them to their good Behaviour, as to him [...]all seem requisite. AND the Keepers of such Ale-Hou [...], Penalty on Innholders, &c. suffering Persons to [...]it Tipling on First Days. Ta­verns, or other publick House or Place, as shall countenance or tolerate any such Practices, being convicted thereof, by the View of a single Magistrate, his own Confession, or the Proof of one or more credible Witnesses, shall, for every Offence, forfeit and pay T [...]n Shillings, to be recovered for the Uses abovesaid.

PROVIDED ALWAYS, Exception: That nothing in this Act be const [...]ued to prevent Victualing-Houses, or other publick House or Place from supplying the necessary Oc­c [...]sions of Travellers, Inmates, Lodgers, or others, on the First Da [...] of the Week, with Victuals and Drink, in Moderation, for Refreshment only; of which necessary Occasion for Re­freshment, as also Moderation, the Magistrate before whom Complaint is made, shall be Judge; any Law, Usage or Custom, in this Province, to the contrary notwithstanding.

CHAP. CXII. An ACT against Rape or Ravishment.

Supplied by 4 Georgii.

CHAP. CXIII. An ACT against Incest.

FOR the Preventing of incestuous Marriages within this Province, BE IT ENACTED, &c. That all Marriages hereafter made within the Degrees of Consanguinity or Affinity, according to the following Table, Penalty on Marrying within the Degrees here­in mentioned. are hereby declared to be void, to all Intents and Purposes; and it shall be lawful for the Governor for the time being, to grant a Divorce from the Bond of Matrimony, and the Parties shall be fined to the Value of one third Part of their Estates.

AND if any Person or Persons shall be convicted of in­cestuous Fornication or Adultery, he, Imprisonment and Forfei­ture on inces­tuous Forni­cators. she or they so con­victed, shall suffer such Punishments as are by Law against Fornication and Adultery, and be fined to the Value of [Page 48] one third Part of their Estates; to be paid to the Proprie­tary and Governor, for the time being, for the Support of the Government and Defraying the contingent Charges thereof.

CHAP. CXIV. An ACT against Adultery and Fornication.

FOR the Preservation of Virtue, Chastity and Purity amongst the Inhabitants of this Province, and Pre­vention of the heinous Sins of Adultery and Forni­cation, BE IT ENACTED, & [...]. That if any Person or Persons shall commit Adultery, Penalty on Committing Adultery. and be thereof legally convict, such Person or Persons, shall, for the first Offence receive, on his or her bare Back, Twenty-one Lashes, well laid on, at the common Whipping-Post, and suffer Im­prisonment for one whole Year, at hard Labour, or be fined [Page 49] Fifty Pounds, one half to the Use of the Governor, and the other Half to the Use of the Poor, at the Election of the Party offending: And the injured Husband or Wife, shall have a Bill of Divorce, from Board and Bed, granted him or her, by the Governor or Lieutenant Go­vernor for the time being, if required, within one Year af­ter Conviction. AND if such Person or Persons shall offend a second time, and shall again be thereof convicted, such Person or Persons shall receive, on his or her bare Back, Twenty-one Lashes at the common Whipping-Post, and be imprisoned Seven Years at hard Labour, or pay One Hundred Pounds as aforesaid: And for the third, and every Offence af­ter, the same Punishment, and be branded with the Letter A.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Penalties on Fornicators. That if any Person or Persons shall commit Fornication, and be thereof legally convicted, such Person or Persons shall receive Twenty-one Lashes on his or her bare Back, well laid on, at the common Whip­ping-Post, or otherwise shall forfeit and pay, to the Pro­prietary and Governor, for the Support of the Government of this Province, and Defraying contingent Charges thereof, the Sum of Ten Pounds, at the Election of such Person convicted as aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, What shall be Proof. That any single or unmarried Woman having a Child born of her Body, the same shall be sufficient Proof to convict such single or unmarried Woman of Fornication; and the Man by such Woman charged to be the Father of such Child, shall be the reputed Father; and she persisting in the said Charge in the time of her Extremity of Labour, or afterwards in open Court, upon the Tryal of such Person so charged, the same shall be given in Evidence, in order to convict such Persons of Fornication.

AND BE IT FURTHER ENACTED by the Authority aforesaid, A married Woman ha­ving a Child in the Absenc [...] of her Hus­band, how to be punished. That if any married Woman within this Province shall be convicted of having a Child born of her Body, in the Absence of her Husband, and shall not be able, by credible Evidence, to prove that her Husband has cohabited or been in Company with her, or has been in some of the Queen's Colonies or Plantations on this Continent, betwixt the Eastermost Parts of New-Eng­land and the Southermost Parts of North-Carolina, within [Page 50] Twelve-months before the Birth of such Child, such Wo­man shall be punished as an Adultress.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Any Woman bearing a Bast [...]rd Child, to be punished in the County where the Child is born, & [...]. That if an unmarried Woman absenting herself from the Place where she usually lived, shall come into any County within this Government, and there bear a Bastard-Child, she shall be liable to be punished in the County where the said Child is born, as she should or might have been, had the Child been there begotten. And whosoever, within this Government, shall knowingly entertain or shelter any such Woman, Penalty on Persons en­tertaining such Women. without giving No­tice thereof to some one Justice of the Peace, within three Days after her coming into his or her House to lodge, shall forfeit Five Pounds for every such Offence.

Judgment a­g [...]inst such m [...]rried Wo­m [...]n not to be pu [...] in Exe­cution till 12 Months after, &c.PROVIDED ALWAYS, That the Judgment or Sentence against such married Woman shall not be put in Execution till after the Expiration of Twelve-months, next after such her Condition, and shall remain in Prison during that time, unless she give Security to abide the Judgment. And in case her Husband shall, within the said Term, come and declare, That he had cohabited with his Wife within the said Term of Twelve-months, next be­fore the Birth of the said Child, and own and declare him­sel [...] to be the Father thereof, Execution shall be stop'd, and the Woman discharged.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any single Woman, being a Servant by Indenture or Covenant, A Servant Woman h [...] ­ving a Bastard Child shall serve, &c. bear a Bastard-Child within the time of her Servitude, she shall serve such further time beyond the Term in her Indenture or Cove­nant mentioned, as the Justices of the Peace, in their Quar­ter-Sessions shall think fit, as a Compensation to her Master or Mistress, for the Loss and Damage they had [...] by Reason of her bearing such Bastard in the time of [...] Servitude; Provided, it be not more than two Years, nor less than one.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That every Person being le­gally convict to be the reputed Father of a Bastard-Child, The reputed Father, &c to maintain the Child. shal [...] give Security to the Court, Town or Place where such Child was born, to perform such Order for the Main­tenance of such Child, as the Justices of the Peace in their Session shall direct and appoint.

CHAP. CXV. An ACT against Bigamy.

BE IT ENACTED, &c. How punish­ed. That whosoever shall be convicted of having two Wives or two Husbands, at one and the same time, shall be whipp'd on his or her bare Back Thirty-nine Lashes, and be imprisoned du­ring Life, at hard Labour; and the second Marriage shall be void. AND if any Man or Woman, being unmarried, shall knowingly marry the Husband or Wife of [...]nother Person, such Man or Woman shall be punished as aforesaid; and the first Wife or Husband of the Person offending against this Act, shall have a Bill of Divorce, from Board and Bed, granted by the Governor for the time being, against the Husband or Wife so offending, if desired, within one Year after Conviction.

CHAP. CXVI. An ACT against Sodomy and Buggery.

Supplied by 4 Georgii.

CHAP. CXVII. An ACT against Burning of Houses, &c.

Supplied by 4 Georgii.

CHAP. CXVIII. An ACT against Drunkenness and Drinking of Healths.

FOR the Discouragement and Punishment of Drunk­enness, BE IT ENACTED, &c. Punished by Fine or Im­prisonment. That every Person disordering or abusing him or herself with ex­cessive Drinking unto Drunkenness; as also [...] who are instrumental thereto, by imposing strong Liquors, with drinking Healths, or otherwise, to provoke to the same; and every Person suffering any such Excess in their Houses, being convicted thereof, by one or more credible Witnesses, shall, for the first Offence, pay Five Shillings, or suffer five Days Imprisonment, at hard Labour; and for the Second, and every Offence after▪ Ten Shillings, or ten Days Impri­sonment as aforesaid.

CHAP. CXIX. An ACT against riotous Sports, Plays and Games.

Repealed.

CHAP. CXX. An ACT against Riots and Rioters.

Punished ac­cording to the Laws of Eng­land.BE IT ENACTED, &c. That if any Persons, to the Number of three, or more, shall meet together with Clubs, Staves, or any other hurtful Weapon [...], to the Terror of any the peaceable People or Inhabitant [...] of this Province, and shall commit, or design to commit Violence or Injury upon the Person or Goods of any of the said Inhabitants, and shall be convicted thereof, such Per­sons shall be reputed and punished as Rioters, according to the Laws of England; and such Act of Terror or Vio­lence, or Design of Violence, shall be deemed and ac­counted a Riot.

CHAP. CXXI. An ACT for Limiting the Presentments of Grand-Iuries.

Repealed.

CHAP. CXXII. An ACT for Determining of Debts under Forty Shillings.

Supplied.

CHAP. CXXIII. An ACT for further securing the Administration of the Government of this Province.

Repealed.

CHAP. CXXIV. An ACT for the better Confirmation of the Owners of Lands, and Inhabitants of this Pro­vince, in their just Rights and Possessions.

WHEREAS the late King Charles the Second, by his Royal Charter to William Penn, Proprietary and Governor of this Province, did declare, That the Laws for Regulating and Governing of Property with­in this Province, for Descent and Enjoyment of Lands, as likewise for the Enjoyment and Succession of Goods and Chattels, should 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 said William Penn, his Heirs or Assigns, and the Freemen of the said Province, their Delegates or Deputies, or the greater Part of them.

AND WHEREAS divers Laws have been enacted in this Province, that made all Lands and Tenements (without any regard to the Fee-simple, or other Tenures by which they were held) as liable to pay Debts as Chattels, and be taken and sold upon Executions, or by Decrees in Courts of Equity, or to be sold by such Executors as had no Power by their Testators Wills for so doing, and in certain Cases to be sold by Administrators, as also to be divided, allotted and distributed amongst the Widows and Children of Intestates. In Pursuance of which Laws divers Lands, Tenements and Hereditaments in this Province have been sold, delivered, assigned, allotted or distributed accordingly. Now, to the End that those Sales, Deliveries, Assignments and Allotments, or Distributions, may have Effect according to the Tenor and true Meaning of the said Laws, and that the Possessors and Owners of the said Lands and Hereditaments so sold, delivered, assigned and distri­buted, and their Heirs and Successors may quietly, have, hold and enjoy the same;

BE IT ENACTED, &c. That all and singular the Bargains and Sales being made, bona fide, All Bargain S [...]les, &c. made accord­ing to the Tenor of sun­dry Laws, &c. are de­clared good. and for valuable Consideration, as all Assignments, Grants and Allotments or Distributions made to any Person or Persons whatsoever, of any Lands, Ten [...]ents or Hereditaments, in this Pro­vince, according to the Tenor and Direction, or the true [Page 54] Intent and Meaning of the said Laws in those Cases made and provided, shall be, and are hereby declared to be good and effectual, and shall stand and be taken, deemed and ad­judged good, sure and available in Law, against all Persons whatsoeve, [...]ccording to the Tenor and Effect of the same Bargains, [...], Assignments, Grants and Allotments or Distributions; And eve [...]y Per [...]on claim­ing by the said La [...]s, &c shall qui­etly enjoy, &c. and that every Person or Persons, Bodies politick and corporate, their Heirs and Successors, and all claiming by, from or under them, or any of them, for and according to [...]heir and every of their several Estates and Interests of, in and to the said Lands, Tenements and He­reditaments, with their Appurtenances, so as aforesa [...]d sold, delivered, assign [...]d or allotted, shall and may quietly or peaceably have, hold and enjoy the same Lands, Tenements, Hereditaments and Premisses, and every Part thereof, against all and every Person and Persons, their Heirs and Assigns, having, claiming or pretending to have any Estate, Right, Title, Interest, Claim or Demand whatsoever, of, in, or to the same: Saving never­theless to all Persons, &c. SAVING NEVERTHELESS, To all and every Person and Persons, Bodies politick and co [...]porate (others than to the Person or Persons for Payment of whose Debts, and Maintenance of whose Widows and Children, any of the said Lands, Tenements, Hereditaments have been sold, delivered or conveyed as aforesaid, and his and their Heirs; and others than to the Heirs at Law of the said Intestates, or any claiming under them, who shall at­tempt to avoid or annul the said Divisions, Allotments or Distributions which have been made of the said Intestates Lands and Hereditaments amongst their Widows and Children by Virtue or in Pursuance of the said Laws) all such Actions, Estates, Possessions, Rights, Titles, Interests, Rents, Profits and Demands, as they or any of them have, shall, may or ought to have of, in or to all or any the said Lands, Tenements and Hereditaments, or any Part thereof, in such Manner and Form as if this Act had never been made: So that they do pursue their said Rights, Titles, Claims and Interest, by Way of Action or lawful Entry, before the first Day of October, which will be in the Year of our LORD, One Thousand Seven Hundred and Ten.

L [...]nds, &c. w [...]ich have been distribu­ted according to these Law [...] shall be held by the Partie [...] as Tenant [...] in co [...]mon.PROVIDED ALWAYS, That all and every the Widows and Children of Intestates, to or amongst whom any Lands, Tenements and Hereditaments have been allot­ted or distributed by Virtue of the said Laws, and all and every Person and Persons to whom any Parts or Purparts of Lands, Tenements or Hereditaments have, as aforesaid, [Page 55] been, or hereafter shall be sold or delivered upon Executions, shall hold and enjoy their said respective Parts, Purparts or Allotments, in Severality, or as Tenants in common, and not as Joint-Tenants.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That no Deed, Grant, No Deed to be avoided for Want of Form, &c. Convey­ance or Assurance hereto [...]ore made of any Lands, Tene­ments or Hereditaments whatsoever, shall be judged or ta­ken to be defective, avoided or prejudiced, for or by Reason of any Want of Form, or formal or orderly Parts of a Deed, as, the Premisses, Habendum, Tenendum, Reddendum, the Clause of Warranty, the Conclusion, In Witness whereof, and Date, or for Mis-naming, Mis-recital o [...] Non-recital of any of the said Lands or Hereditaments, or for Mis-recital or Non-recital or not mentioning, or not true mentioning of the Gran­tor's Estates, of, in, or to the Premisses, O [...] Livery and Seisin, &c. or for Want of Livery and Seizin or Attournment, or Proofs of the Consi­deration-Money actually paid, or for not producing in Court, upon Tryal, any of the Deeds or Grants recited in the said Conveyances, or for not being recorded in the Rolls-Office: But that all and every the said Deeds, But are de­clared to be good not­withstanding. Grants and Convey­ances, Releases and Assurances shall be and are hereby de­clared and enacted to be good and available in Law, and shall be expounded as the Law of this Province was when they were made, and shall conclude all Strangers, as well as Privies to the same; Saving to every Person and Persons, Saving to all Pe [...]sons such Rights, &c. other than to the said Grantors, their Heirs and Successors, all such Rights, Titles, Estates, Claims and Interests as they or any of them had, or ought to have, of, in or to the said Lands, Tenements and Hereditaments, or any Part thereof, at the time when such Deeds or Conveyances were sealed and delivered, so as they do pursue their said Rights, Titles, Claims or Interests by Way of Action or lawful Entry, before the first Day of October, which will be in the Year of our LORD, One Thousand Seven Hundred and Ten.

CHAP. CXXV. An ACT concerning the Probates of written and nuncupative Wills, and for confirming Devises of Lands.

Wills proved in this Pro­vince,BE IT ENACTED, &c. That all Wills in Writing, wherein or whereby any Lands, Tenement [...] or Hereditaments, within this Province, have been, are or shall be devised, being proved by two or more credible Witnesses, Or [...] in the Chanc [...]ry in England, &c. and the Copy and P [...]obate trans­mitted hither, &c. shall be good, &c. upon their solemn Affirmation, or by other le­gal Proof, in this Province; or being proved in the Chan­cery in England, and the Bill, Answer and Depositions trans­mitted hither, under the Seal of that Court, or being pro­ved in the Hustings or Mayor's Court in London, or in some Mannor-Court, or before such as have or shall have Power in England, or elsewhere, to take Probates of Wills and grant Letters of Administration, and a Copy of such Will, with the Probate thereof annexed or endorsed, being trans­mitted hither, under the publick or common Seal of the Courts or Offices where the same have been or shall be ta­ken or granted, and recorded or entered in the Register-General's Office in this Province; shall be good and availa­ble in Law, for the granting, conveying and assuring of the Lands or Hereditaments thereby given or devised, as well as of Goods and Chattels thereby bequeathed; And the Co­pies of all Wills, &c. under the Seals of, &c. where the same was ta­ken, are to be taken and deemed Mat­ter of Record. and that the Copies of all Wills and Probates, under the publick Seals of the Courts or Offices where the same have been or shall be taken or granted respectively (other than Copies or Pro­bates of such Wills as shall appear to be annulled, disproved or revoked) shall be judged and deemed, and are hereby declared and enacted to be Matter of Record, and shall be good Evidence to prov [...] the Gift or Devise thereby made; and that all such Probates, as well as all Letters of Admi­nistration granted out of this Province, being produced here under the Seals of the Courts or Offices granting the same, shall be as sufficient to enable the Ex [...]cutors or Ad­ministrators, by themselves or Attornies, to bring their Actions in any Court within this Province, as if the same Probates or Letters Testamentary or Administrations were granted here and produced under the Seal of the Register-General's Office of this Province.

[Page 57]PROVIDED ALWAYS, I [...] any Will shall happen to be revok­ed or altered, the Parties aggrieved may have th [...]ir Action, &c. That if any of the Wills (whereof Copies or Probates shall be so as aforesaid produced and given in Evidence) shall, within seven Years after the Testator's Death, appear to be disproved or annul­led before any Judge or Officer, having Conusance thereof, or shall happen to be revoked or altered by the Testator, either by a latter Will or Codicil in Writing, duly proved as aforesaid; that then and in every such Case, it shall and may be lawful for the Party aggrieved, or his or their Heirs, Executors or Assigns, to have their Action for what shall be taken or detained from them by Occasion of such Wills, or have their Writ or Writs of Error for Reversing the judicial Proceedings thereupon, as the Case shall require, any thing herein contained to the Contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That from henceforth no nun­cupative Will be good where the Estate thereby bequeathed shall exceed the Value of Thirty Pounds, Sundry Cases where a nun­cupative Will is, and is not good. that is not proved by two or more Witnesses, who were present at the making thereof, nor unless it be proved that the Testator at the time of pronouncing the same, did bid the Persons present, or some of them, bear witness, That such was his Will, or to that Effect, nor unless such nuncupative Will be made in the time of the last Sickness of the Deceased, and in the House of his or their Habitation or Dwelling, or where he or she hath been Resident for the Spa [...]e of ten Days, or more, next before the Making of such Will, except where such Person was surprized or taken sick, being from his own Home, died before he returned to the Place of his or her Dwelling.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That after six Months past af­ter speaking of the pretended testamentary Words, no Tes­timony shall be received to prove any Will nuncupative, except the said Testimony, or the Substance thereof, were committed to Writing within six Days after the Making of the said Will.

AND BE IT ENACTED by the Authority aforesaid, Nuncupative Will not to pass the Seal, &c within 14 Days. That no Letters Testamentary or Probate of any nuncupative Will shall pass the Seal of the Re­gister-General's Office, in the respective Counties of this Province, till fourteen Days, at the least, after the Death of the Testator be fully expired; nor shall any [Page 58] nuncupative Will be at any time received to be proved un­less Process be first issued out to call in the Widow or next of Kindred to the Deceased, to the End they may contest the [...]ame if they please.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No written Will [...]o be al­tered, &c. by Words only, except, &c. That no Will in Writing con­cerning any Goods or Chattels, or personal Estate, shall be repealed, nor shall any Clause, Devise or Bequest therein be altered or changed by any Words or Will by Word of Mouth only, except the same be in the Life of the Testator committed to Writing, and after the Writing thereof read unto the Testator, and allowed by him, and proved to b [...] so done by two or more Witnesses.

PROVIDED ALWAYS, That notwithstanding this Act, Any Mariner, &c. being ab­sent, may dispose of his personal E­state, &c. any Mariner or Person being at Sea, or Soldier, being in actual military Service, may dispose of his Move­ables, Wages and personal Estate, as he or they might have done before the Making of this Act.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That there shall be an Officer, called Register-General, A Register-General con­stituted, and to keep his Office in Phi­ladelphia; and shall appoint a Deputy in each County, &c. to be commissionated by the Go­vernor from time to time, for the Probate of Wills and granting Letters of Administration in this Province; which Register-General shall keep his Office at Philadelphia, and shall, from time to time, constitute a sufficient Deputy to officiate for him in each of the other Counties of this Pro­vince; who, being by him deputed, shall be and are by this Act impowered to take Probates of Wills, and grant Letters of Administration in the respective Counties, as fully and amply as the Register-General himself ever could, or can do, according to the Powers granted by the Royal Charter of the late King Charles the Second. Which Deputies shall have and use a common Seal, to be provided at the Char [...]e of the respective Counties where they serve, with the like Inscriptions as is or shall be upon the Receiver-General's Office at Philadelphia. Provided, That no Person who shall prove any Will, No Person obliged to prove Wills▪ or take Let­ters of Admi­nistration in more than one County. or take Letters of Administration, in any one of the Counties of this Province, shall be obliged to prove the same Will, or take Letters of Administration in any other of the said Counties, wherever such Testator's or Intestate's Estates may lie or be. But before any Register-General, or his Deputies shall enter upon their respective Offices, they shall be duly qualified, either before the [Page 59] Governor, TheRegister-General, and [...] Deputies [...] be qualifi­ [...]; how and when; and sh [...]ll give 200 l. Security. or the Orphans-Court of the County where they respectively officiate. And every Register-General, and every of his Deputies, shall find one or more sufficient Su [...]eties with himself, to become bound to the Governor for the time being, in a Bond of Two Hundred Pounds, for the true and faithful Execution of his Office, and for the Delivering up the Records, and other Writings belong­ing to the said Office, by him, his Heirs, Executors and Administrators, to his Successor in the said Office, whole and undefaced; which said Bond shall be recorded in the Orphans-Court, and be kept by one of the Justices of the said Court, as the Majority of the Justices for the time be­ing shall order; to be made use of for making Satisfaction to the Parties that shall be damnified or aggrieved, as is, or shall be directed by the Laws of this Province in such Cases. AND if the Register-General, or his Deputies, If the Regi­ster-General, o [...] his Depu­ties, shall act without gi­ving Security, or he refuse to constitute Deputie [...] ▪ he or they shall forfeit 200 l. or any of them shall officiate in the said Office before he hath given such Security, or if the Register-General for the time being, shall refuse or neglect to constitute a Deputy-Regi­ster in each County, according to the Direction of this Act, then and in every such Case he or they so offending shall forfeit the Sum of Two Hundred Pounds, to be recovered in any Court of Record in this Province; and the one Half thereof shall go to the Governor, for Support of Govern­ment, and the other Half to him or them that shall sue for the same.

CHAP. CXXVI. An ACT directing the Order of Payment of Debts of Persons deceased.

FOR the Preventing Disputes and Contests at Law, or otherways concerning the Order of Payment of Debts of Persons deceased, within [...] Province, BE IT ENACTED, The M [...]nner and Order [...] the same. &c. That all [...]ebts owing by any Person within this Province, at [...]he [...] his or her Decease, shall be paid by his or her [...] Admini­strators (so far as they have Assets) in Manner and Order following, That is to say, First, Physick and Funeral Ex­pences: Secondly, Debts and Duties to the Queen: Thirdly, Debts due to the Proprietary and Governor: Fourthly, Judgments: Fifthly, Debts due by Recognizances: Sixthly, Rents: Seventhly, Obligations, Bills penal, and protested [Page 60] Bills of Exchange: Eighthly, Single Bills: Ninthly, Servants and Workmen's Wages: Tenthly, Merchants and Traders Book-Debts, and Promises by Word, A [...]rears of Accounts, and such like. Which said Payments shall be good and available in Law against all Persons whatsoever.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, That nothing in this Act contained shall prevent or damnify any Executors or Administrators fo [...] discharging the Decedent's just Debts, Twelve-Months after theParties de­cease, no [...]ri­ority ofDebts, &c. as the same shall come to his, her or their Knowledge, without Regard to the Priority of the same, in Payment, after the Expiration of Twelve-Months from the time of the said Decedent's Decease.

CHAP. CXXVII. An ACT for the better Settling of Intestates Estates.

Every Admi­nistrator to give Bond, &c.BE IT ENACTED, &c. That the Register-General and his Deputies, having Power to grant Letters of Administration of the Goods and Chattels of Persons dying Intestate, within this P [...]ovince, shall, upon their granting such Letters of Administration, take suffici­ent Bonds, with two or more able Sureties (respect being had to the Value of the Estate) in the Name of the Regi­ster-General, with the Condition in Manner and Form following, mutatis mutandis, viz. ‘THE Condition of this Obligation is such, That if the with­in [...]ounden A. B. Administrator of all and singular the Goods, With Condi­tion, & [...]. Chattels and Credits of C. D. deceased, do make or cause to be made, a true and perfect Inventory of all and singular the Goods, Chattels and Credits of the said Deceased, which have or shall come to the Hands, Possession or Knowledge of him the said A. B. or unto the Hands and Possession of any other Person or Persons for him; and the same, so wade, do exhibit, or cause to be exhibited into the Register's Office, in the County of — at or before the—Day of—next ensuing; and the same Goods, Chattels and Credit [...] of the said Deceased, at the time of his D [...]ath, or which at any time after shall come to the Hands or Possession of the said A. B. or into the Hands and Possession of any other Person or Persons for him, do well and truly [Page 61] administer according to Law: And further, do make or cause to be made a true and just Account of his said Administration, at or before the—Day of— And all the Rest and Re­sidue of the said Goods, Chattels and Credits which shall be found remaining upon the said Administrator's Account (the same be­ing first examined and allowed of by the Orphans-Court of the County where the said Administration is granted) shall deliver and pay unto such Person or Persons respectively, as the said Orphans-Court, in the respective County, by their Decree or Sentence, pursuant to the true Intent and Meaning of this Act, shall limit and appoint. And if it shall hereafter appear that any last Will and Testament was made by the said Deceased, and the Executor or Executors therein named do exhibit the same into the Register's Office, making Request to have it allowed and approved accordingly: If the said A. B. within bounden, being thereunto required, do render and deliver the said Letters of Administration (Approbation of such Testament being first had and made in the said Register's Office) Then this Obliga­tion to be void and of none Effect, or else to remain in full Force and Virtue.’

WHICH Bonds are hereby declared and enacted to be good, to all Intents and Purposes, and pleadable in any Courts of Justice; and also, that the said Orphans Court, And render Account to Orphan's Court. in the respective Counties, shall and may, and are hereby enabled to proceed and call such Administrators to Account for and touching the Goods of any Person dying Intestate; and upon Hearing, and due Consideration thereof, Who shall make Distri­bution of the [...] after [...], &c. [...] dischar­ged, in this Manner. to order and make just and equal Distribution of what remaineth clear (after all Debts, Funeral, and just Expences of every Sort, first allowed and deducted) amongst the Wife and Children, and Children's Children (if any such be) or other­wise to the next of Kindred to the dead Person, in equal Degree, or legally representing their Stocks, to every one his Right, according to the Laws in such Cases, and to the Rules and Limitations hereafter set down: And the same Distributions to decree and settle, and to compel such Ad­ministrators to observe and pay the same, by the due Course of the Laws of this Province: Saving to e­very one their Right of Appeal. Saving to every one (supposing him or themselves aggrieved) their Right of Appeal to the Provincial or Supream Court of this Province.

PROVIDED ALWAYS, The Manner and Form how Distribu­tions shall be made. That the said Or­phans Court in each County, which is by this Act enabled to make Distribution of the Surplusage of the Estate of any Person dying Intestate, shall distribute the whole [Page 62] Surplusage of such Estate or Estates in Manner and Form following, That is to say, One third Part of the said Surplu­sage to the Wife of the Intestate, and all the Residue, by equal Portions, to and amongst the Children of such Per­sons dying Intestate (allowing the eldest Son two Shares:) And to such Persons as shall legally represent such Children, in case any of the said Children be then dead (other than such Child or Children who shall have any Estate by the Settlement of the Intestate, or shall be advanced by him in his Life-time, by Portion or Portions, equal to the Share which shall, by such Distribution, be allotted to the other Children) to whom such Distribution is to be made. And in Case any Child who shall have any Estate by Settlement from the Intestate, or shall be advanced by the said In­testate in his Life-time by Portion not equal to the Share which will be due to the other Children by such Distribu­tion as aforesaid, then so much of the Surplusage of the Estate of such Intestate to be distributed to such Child or Children as shall have any Land by Settlement from the Intestate, or where advanced in the Life-time of the In­testate, as shall make the Estate of all the said Children to be equal as near as can be estimated, the eldest Son be­ing allowed two Shares as aforesaid. And in case there be no Children, nor any legal Representatives of them, then one Moiety of the said Estate to be allotted to the Wife of the Intestate, and the Residue of the said Estate to be dis­tributed equally to every of the next Kindred of the In­testate, who are in equal Degree to those who legally re­present them. Provided, That there be no Representatives admitted amongst Collaterals after Brothers and Sisters Chil­dren. And in case there be no Wife, then all the said Estate to be distributed equally to and amongst the Chil­dren, the eldest Son to have two Shares as aforesaid. And in case there be no Child, then to the next of Kindred, in equal Degree of or unto the Intestate, and their legal Representatives as aforesaid, and in no other Manner whatsoever.

No Distribu­ [...]n to be [...]de till one [...] after the [...]th of the [...]estate, and [...] to give [...] to re­ [...], &c.PROVIDED ALSO, And to the End that a due Regard be had to Creditors, that no such Distribution of the Goods of any Person dying Intestate be made till after one Year be fully expired after the Intestate's Death. And that such and every one to whom any Distribution and Share shall be allotted, shall give Bond, with sufficient Su­reties, in the said Orphans-Court, that if any Debt or Debts truly owing by the Intestate shall be afterwards sued for [Page 63] and recovered, or otherwise duly made to appear, that then, and in every such case, he or she shall respectively refund and pay back to the Administrator his or her rateable Part of that Debt or Debts, and of the Costs of Suit and Charges of the Administrator, by reason of such Debts, out of the Part or Share so as aforesaid allotted to him or her, thereby to enable the said Administrator to pay and satisfy the said Debt or Debts so discovered, after the Distribution made as aforesaid.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, Administrati­on to be gran­ted, with the Testament annex'd as usual. That in all Cases where the Register-General hath used heretofore to grant Administration, with a Testa­ment annexed, he shall continue so to do; and the Will of the Deceased, in such Testament expressed, shall be per­formed and observed in such Manner as it should have been if this Act had never been made.

PROVIDED ALSO, No Claim to be good after seven Years. That all such of the In­testate's Relations, and Persons concerned, who shall not lay legal Claim to their respective Shares within seven Years after the Decease of the Intestate, shall be debarred from the same forever.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Lands, &c. of Intestates may be sold for Payment of Debts. &c. as the Orphans-Court shall direct. That if any Person or Persons shall die Intestate, being Owners of Lands or Tenements within this Province at the time of their Death, and leave lawful Issue to survive them, but not a sufficient personal Estate to pay their just Debts and maintain their Children, in such case it shall be lawful for the Administrator or Admi­nistrators of such Decedents to sell and convey such Part or Parts of the said Lands or Tenements, for Defraying their just Debts, Maintenance of their Children, and for putting them Apprentices, and Teaching them to read and write, and for Improvement of the Residue of the Estate (if any be) to their Advantage, as the Orphans-Court of the Coun­ty where such Estate lies, shall think fit to allow, order and direct, from time to time.

PROVIDED ALWAYS, Except Mar­riage-Settle­ments. That no Lands or Tenements, contained in any Marriage Settlement, shall, by Virtue of this Act, be sold or disposed, contrary to the Form and Effect of such Settlement; nor shall any Or­phans-Court allow or order any Intestate's Lands or Tene­ments [Page 64] to be sold, But not till the Admini­strator exhi­bits an Inven­tory, &c. before the Administrators, requesting the same, doth exhibit one or more true and perfect Inventories and conscionable Apprisements of all the Intestate's personal Estate whatsoever, as also a just and true Account, upon his or her solemn Affirmation, of all the Intestate's Debts which shall be then come to his or her Knowledge; and if thereupon it shall appear to the Court that the Intestate's personal Estate will not be sufficient to pay the Debts and maintain the Children until the Eldest of them attains to the Age of Twenty-one Years, And then how the Or­phan's Court shall proceed and order, &c. or to put them out to be Apprentices, and teach them to read and write, then, and in every such case, and not otherwise, the Court shall allow such Administrator to make publick Sale of so much of the said Lands, as the Court, upon the best Computation they can make of the Value thereof, shall adjudge necessary for the Purposes aforesaid, reserving the Mansion-House and most profitable Part of the Estate till the last. But before any such Sale be made, the Court shall order so many Writings to be made by the Clerk, upon Parchment or good Paper, as the Court shall think fit, to signify and give Notice of such Sales, and of the Day and Hour when, and the Place where the same will be, and what Lands are to be so sold, and where they lie; which Notice shall be deli­vered to the Sheriff or Constables, in order to be fixed in the most publick Places of the County or City, at least ten Days before the Sale; and the Sheriffs or Constables are hereby required to make Publication accordingly; and the Administrator that makes such Sale, shall bring his or her Proceedings therein to the next Orphans-Court after the Sale made. AND if it shall happen that any Lands be sold by Virtue of this Act for more than the Court's Computation of the Value thereof, And how the Administra­tor. then the Administrator shall be accountable for the same, as by this Act is required for Intestate's personal Estates.

AND BE IT FURTHER ENACTED by the Authority aforesaid, And the Sur­plusage of Lands, &c. not sold, &c. to be divided amongst, &c. That the Surplusage or re­maining Part of the Intestate's Lands, Tenements and He­reditaments not sold or ordered to be sold by Virtue of this Act, and not otherwise limited by Marriage-Settlement, shall be divided between the Intestate's Widow and Chil­dren, or the Survivors of them, who shall equally inherit and make Partition as Tenants in common may or can do. In what Me­thod, and to whom. But if the Intestate leaves a Widow and no Child, then such Widow or Relict shall inherit one Moiety, or half Part of the said Lands and Tenements, and the other [Page 65] Mo [...]ety shall des [...]nd and come to the Intestate's next Heir, according to the Course of the common Law. But i [...] the Intestate leaves no Widow nor Child living at the time of his D [...]th, or if the Chil [...]ren all die in their Minority, without Issue, the [...] the said Lands and Tenements shall de­scend and come to the [...] Heir at Law, according to the Cou [...]se a [...]oresaid. But if any of the Intestate's Chil­dren dying [...] the Int [...]ate, shall leave lawful Issue, such Issue shall equally inherit the Intestate's Lands and Tenement [...], with their Uncle [...] or Aunts, and make Par­tition as aforesai [...].

PROVIDED ALWAYS, The Widow or Child of any I [...]testate being provid­ed for, &c. [...]o h [...]ve no [...]hare of the [...], & [...]. That no [...] or Child of any Intestate having so much Land by Settl [...]ent from the said Intestate, as by the said Court's Computation of the Value thereof, shall be [...]qual to the Share or Purpart of the Intestate's Lands, which by this Act are to be allot­ted to any of the [...]ther Children in Manner aforesaid; then such Widow or Child, so p [...]ovided for, shall have no Share of the said Surplusage of the Int [...]tate's other Lands. But if the Value of the La [...]s, so settl [...] by the Intestate, shall not, by the Comp [...]tation [...], amount to an equal Sha [...], then th [...] said Cou [...]t shall allot to the Party so much [...] the said other Land as [...] make the Shares or Estate of th [...] Wi [...]ow, and all the said Children, equal, as near as c [...]n be estimated, the eld [...]st Son having a double Share as afo [...]e [...]aid.

PROVIDED ALSO, The Widow to have no [...] to [...] but [...] vita. That nothing in this Act contained shall give any Wid [...]w a Right [...] Claim to any Part of such Lands or Tenements [...]or her Dower or [...], as shall yield yearly Rents or Profits whereof her Hu [...]band died s [...]ized, for any longer time than the Term of h [...]r na­tu [...]al [...]; which Dower [...] sh [...]ll hold as Tenants in Dower do in England. And the said profitable Lands or Tene­m [...]nt [...], and the unimproved [...] [...]ough Land next a [...]jacent thereto, shall not be sold but [...]or Payment of the Intestate's Debts.

PROVIDED ALSO, No Parti [...]ion [...] of [...] the [...] Sha [...]es. That no Partition of the Lands or Ten [...]ments which are to be divided by this Act▪ shall be made by or for the Relict or younger Children of the Intestate, if the Heir at Law will, within the Space of Twelve-months, pay so much Money, or other Effects, to the Person or Pe [...]sons demanding such Partition, as their respective Shares [...] Purparts shall amount unto, by the [Page 66] Valuation of four or more Persons indifferently chosen by [...]oth Parties, or by an Inqu [...]st appointed by the Orphans-Court, to value the same, where the Parties cannot o [...]her­wise agree. And then the Hei [...] shal [...] en­joy the same. And the Person or Persons (whether Minor [...] or others) to whom or for whose Use Payment or Satisfac­tion shall be made for their respective Purpa [...]ts, by the Heir at Law, in Manner aforesaid, shall be forever debarred of all the Right, Title and Demand which he or they can or may have of, in or to such Share or Purparts, by Vi [...]tue of this Act; but the same shall be held and enjoyed by the Heir at Law, as freely and fully as the Intestate held the same.

AND in case such Intestate shall have no known Kin­dred, And if the Intest [...]te have no Kindred his Lands, &c. shall es [...]che [...]t to the L [...]ndlord, &c. and his Goods, &c. to the Proprieta­ [...]y, &c. then all this Lands, Tenements and Hereditament [...] shall escheat or go to the immediate Landlord of whom such Lands are held, his Heirs and Assigns; and if imme­diately held of the Proprietary, then to the Proprietary, hi [...] Heirs and Assigns; and all the Goods, Chattels and personal Estate whatsoever of such Pesron dying intestate, and without Kindred as aforesaid, shall go to the Proprietary and Gover­nor, his Executors or Administrators. But if any of the said Intestat [...]'s Relations shall appear and make their Claims to such Intestate's personal Estate within seven Years after the Decease of the Intestate, they shall be restored thereunto.

But if the Heir at Law t [...] such Lands shall appear in 21 Years, he may reco­ver the same.AND if the lawful Heir to any such Lands or Tene­ments shall at any time, within Twenty-one Years, after the Intestate's Decease, appear, he may traverse the Inqui­sition or Office [...]ound for the Land so escheated, and recover the same, paying the Lord or Person in Possession for the Improvements made thereupon, according to the Valuation of twelve Men.

CHAP. CXXVIII. An ACT for the Acknowledging and Recording of Deeds.

Repealed.

CHAP. CXXIX. An ACT to ascertain the Number of Members of Assembly, and to regulate the Elections.

BE IT ENACTED, &c. The Freeme [...] and Inhabi­tants to meet on the first Day of Octob [...]r yearly to choose Repre­sentatives, [...]. That for the Well-governing of this Province, there shall be an Assem­bly yearly chosen, and for that End it shall and may be lawful to and for the Freemen and Inhabitants of the City of Philadelphia, as also for the Freemen and Inhabi­tants of the respective Counties of this Province, without any Writ or Summons, to meet on the First Day of October yearly, forever, at the most usual Place of Elections in the said respective Counties, That is to say, For the City and County of Philadelphia, Two for Phi­lad [...]lphia, and eight for each County. in or near the present Market-Place in the said City; and for the County of Bucks, upon the Court-House Ground in the Town of Bristol; and for the County of Chester, at or near the Court-House in the Town of Chester; and then and there choose their Repre­sentatives or Delegates, to serve them in Assembly, which shall consist of not less than two Persons for the said City of Philadelphia, and eight Persons for each County of this Province; or a greater Number, as the Governor and As­sembly shall at any time hereafter agree.

AND that the Members, so to be, Who shall sit in Assembly on the 14th Day of Octo­ber, at Phila­de [...]phia. Except. shall meet and sit in Assembly on the Fou [...]teenth Day of October, yearly, for­ever, at the City of Philadelp [...]ia, unless the Governor and Council, for the time being, shall see cause to appoint ano­ther Place, within this Province, to sit at. But when any of the said Days of Elections or Meeting of Assembly shall happen to fall on the first Day of the Week, called Sun­day, then such Election and Meeting shall be the next Day following.

PROVIDED ALWAYS, Who is qua­lified to elect or be elected in the Coun­tie [...]. That no Inhabitants of this Province shall have Right of Electing, or being elec­ted as aforesaid, unless he o [...] they be nat [...]al-born Subjects of Englan [...], or be naturalized in England, or in this Government, and unles [...] such Person or Persons be at the Age of Twenty-one Years, [...] upwards, and [...]e a Freeholder or Freeholders in this Provi [...], [...] have [...] Acres of Land, or more, well seated, and twelve Acres [...]reof, or more, cleared and improved▪ or be o [...]wise worth Fifty Pounds, lawful Money of this Province, clear Estate, and have been resident there­in for the Space of two Years before such Election.

[Page 68]AND to the End that Elections, upon which the Good of the Government so much depends, may not be corruptly managed or obtained, BE IT ENACTED by the Authority aforesaid, That all the Elections of the said Re­presentatives shall be free and voluntary, by Persons having Estates and being qualified as aforesaid, in the respective County or Counties for which he or they shall elect or be elected; And who in the City of Philadelphia. Provided, that the Electors and Elected for the said City of Philadelphia, shall have a Freehold Estate, or be worth Fifty Pounds, clear, personal Estate within the same City, and be otherwise qualified as aforesaid. And that the Elector who is not so qualified as aforesaid, or that shall receive any Reward or Gift for his Vote, shall forfeit his Right of Electing for that Year, and shall pay the Sum of Five Pounds, Penalty. one Half thereof to the Governor, and the other Half to him or them that shall sue for the same in any Court of Record within this Province.

AND that he or they who shall give, offer or promise any Reward to be elected, Buying of Vot [...]s or offer­ing to se [...]ve for nothing, is 5 l. Penalty. or shall offer to serve for nothing, or less Allowance than the Law prescribes, shall forfeit Five Pounds, the one Half thereof to the Governor, and the other to him or them that will sue for the same, in Manner afore­said, and be incapable to serve for that Year.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Method and Manner how the said Elections are to be made and carried on. That every Sheriff, or in his Absence, his Under-Sheriff, or such as he shall depute, or for Want of such Deputati [...]n, the Coroner, or such as he shall appoint, or for Want of such Appointment, any two of the Freeholders, who by the major Part of the Electors then and there present, shall be nominated and appointed Judges of the said Elections in the Absence of the Sheriff or Coroner, shall attend at the said Elections, and shall ap­point such Number of Clerks for taking the Poll or Votes of the Electors, as the Inspectors hereafter-mentioned shall appoint; who shall all take their said Poll or Names of the Electors in the Presence of the said Sheriff, Vide, 13 of King George. Coroner or other Judges, so nominated as aforesaid, or such as any of them, shall depute o [...] appoint, and shall make as many distinct Columns, on [...]air Paper, as there shall be Candidates voted for, as is herein after express'd; but before they begin every Clerk so appointed shall, by the said Sheriff or Coro­ner, or by some Magistrate then present, be attested or charged upon his solemn Affirmation, The Qualifi­cation of the Clerks who take the Poll. Truly and indiff [...]rently to take the said Poll, and set down the Names of each Freeholder [Page 69] and Elector and the Place of his Freehold or Estate, and to poll no Elector, who is not attested, if so required by the Inspectors of such Clerks. Which Inspectors are to be nominated by the major Part of the Electors as aforesaid.

AND every Person coming to elect Members for the City of Philad [...]lphia, Vide, Cou [...]ty Levy-Act of 11 th of King George I. and also every Person coming to elect Members for the said respective Counties, shall deliver in Writing the Names of those Persons for whom they vote, to the Sheriff, or some other of the said Persons so as afore­said appointed Judges of the said Elections, who shall open the Paper, if the Elector be illiterate, and read the Persons Names contained therein, ask such Electors, Whether these are the Persons for whom he votes? Which Paper, upon his Affirmative, shall be received and put with the rest of the Electors Papers in a Box, which every Sheriff is hereby required to provide for that Purpose.

BUT if the Elector brings no such Paper or Ticket, or if the illiterate Elector will not vote for the Persons con­tained in his Paper, then and in all such Cases the Elector shall verbally give in the Names of the Persons he mostly desires should be chosen, which Names shall be entered down by the said Clerks.

PROVIDED ALWAYS, That every Elector, before he be admitted to Poll (if required by any of the said Inspectors) shall, upon his solemn Affirmation declare, That he is Twenty-one Years of Age, and a Freeholder for the County of— and has fifty Acres of Land, or more, The Qualifi­cation of the Electors. well seated, and twelve Acres thereof, or more, cleared: Or, That he is otherways worth Fifty Pounds, Money of this Province, clear Estate, and hath been resident therein for the Space of two Years, and that he has not been before polled at that Election.

AND in case any Person, taking the said Affirmation, Penalty of making a false Affirmation. shall be lawfully convicted of wilfully and corruptly making a false Affirmation therein, or if any shall suborn any Per­son to take such false Affirmation, he or they shall incur the same Penalties and Forfeiture as by the Laws and Statutes of England a [...]e provided against Persons convicted of wilful and corrupt Perjury, and Subornation of Perjury respectively.

AND that the said Poll shall not be delayed, nor the Election adjourned to another Place or Part of the County, Th [...] Poll not to be delayed or adjourned▪ [Page 70] other than whe [...]e the same begins, but shall continue from Day to Day till the F [...]eeholde [...]s and [...]lectors then and there present shall be polled, And when the Poll is o [...]er, how to be c [...]st up, &c. and no longer. And when all the El [...]ctors then appearing shall have delivered in all their Papers or Names, the said Box shall be opene [...] by the She­riff, or some other of the Persons appointed by this Act to officiate as Judges of the said Elections, and the said Papers taken out in the Presence of the said Inspectors, and deli­vered, one by one, to the said Clerk or Clerks to enter the Names therein express'd in fair Columns, or otherwise, so that they shall cast up how many Times each Person's Name is repeated in the same, and set it down; and shall then pronounce publickly to the People, him whose Name is oftenest mentioned in the said Papers to be first elected, and so the next highest Number successively until the whole eight Persons for the County be pronounced elected by Majority as aforesaid. And the same Method shall be used concerning the two Members to be elected for the City of Philad [...]lp [...]ia.

AnyDeceit in [...] Ticket, the same to be re­jected.BUT if, when the said Papers are opened, there ap­pears more Names in any one of them, or more than one Paper deceitfully folded together, containing more Names than by this Act is allowed any one Elector to vote for, such Papers shall be rejected, and not accounted amongst the Votes.

The Names of the Repre­sentatives to be written in Indentures, & [...].AND after the said Representatives are so chosen as aforesaid, their Names (be they present or absent) shall be written in a Pair of Indentures, sealed, between the said Sheriffs, or other Persons officiating as Judges of the said Elections, and six, or more, of the said Choosers.

One of which Indentures to be delivere [...] to the Gover­nor, and the other to the Hous [...].AND every Sheriff, or other Person, officiating as Judges of the said Elections, shall, on the first Day of the Meeting of every Assembly, in Person, or by Deputy, pre­sent one Part of the said Indentures to the Governor for the time being, and the other Part thereof to the House of Representatives: Which said Indentures shall be deemed and taken to be the Sheriff's Return of the Representatives or Delegates of the Freemen of this Province, to serve and act in the Legislative or General-Assemblies of the same Province from time to time. And the Representatives so as aforesaid chosen shall yield their Attendance accordingly.

[Page 71]AND if any Person or Persons so chosen and returned to serve as aforesaid, Any Person so chosen, &c. refusing to serve for­feits 10 l. shall be absent from the Service for which he or they sh [...]ll [...]e so elected, he or they shall forfeit any Sum not exceeding [...], current Money; the one Hal [...] thereof to the Governor, and the other Half to him or them that shall sue for the same in Manner aforesaid; unle [...]s his o [...] [...] Excuse for such Absence shall be allowed of by the [...].

AND if any Person [...]o chosen and returned as aforesaid sh [...]ll [...] to di [...], or be wilfully absent, Vacancies by Death or o­therwise to be supplied by [...] new Choice, &c. and the Method of Proceeding in such Cases. or by Vote of the [...] disabled to sit or serve in Assembly, then and in ev [...]ry [...] Case the Secretary for the time being, shall, by the Speaker's Order, issue out Writs to the respective Sh [...]riff, of the County where there shall be occasion for elec [...]ing such new Members: But in Case the Secretary shall delay the Making [...] such Writs for the Space of two Days, next a [...]ter he has Notice of the Speaker's Order in that Behalf, it shall be lawful for the Speaker of the Assembly for the time being, to issue forth the said Writs, which shall be made in the Governor's Name, under the Hand and Se [...]l of the Speaker; whereupon every Sheriff, or other Officer to whom such Writ or Writs are directed, shall indorse the Day of his Receipt thereof on the Back, and with all convenient Speed, after he receives such Writ, shall cause publick Notice to be given of the Time and Place of Election, and proceed to elect thereupon in Manner aforesaid, within the Space of five Days after his Receipt of the said Writ, and give two Days Notice, at least, of the Day appointed for Election: Which Notice shall be given in Writing, and shall be proclaimed in the most publick Places of the capital Town or Place where such Election is to be, and the said Sheriff or other Officer shall cause Copies of such Notice or Advertisement to be posted upon some Tree or House in the Way leading from every Township or Precinct to the Town or Place where the said Election is to be, as also upon the Court-Houses and publick fixed Meeting-Houses for religious Worship in the said respective Counties.

AND when those Elections are made by Virtue of the said Writs in Manner aforesaid, the Sheriff, The Elec­tion being made, &c. the Names to be returned as before. or other Officer who shall officiate as Judges of the said Elections, shall write down the Names of the Persons so elected in a Pair of Indentures, sealed, and present one Part thereof to the Governor, and the other Part to the Assembly, on the [Page 72] Day of the Return of such Writs, which said Indentures shall be deemed to be the Sheriff's Return of such Re­presentatives.

All which Elections to begin be­tween ten in the Morning and two in the After­noon.ALL which said Elections shall begin between the Hours of ten in the Morning, and two in the Afternoon; and that no Person or Persons whatsoever, by Force o [...] Arms, or Menacing, shall disturb the Freemen of this Province in the free Election of their said Representatives, but that the same Election shall be freely and indifferently made.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Sheriff shall refuse or neglect to give Notice of the said Election, The Sheriff forfeits 100 l. for Refusal, &c to give Notice of such Elec­tions; and the Coroner 50 l. by Writs, shall forfeit One Hundred Pounds, Money aforesaid, one Half to the Governor, and the other Half to him that shall sue for the same in Manner aforesaid. AND upon such Ne­glect or R [...]fusal, the Coroner of the respective County where the same shall happen, is hereby required, by himself or his Deputy, to officiate and perform all that the said Sheriff or his Deputy ought to have done and performed at the said Elections, according to the Tenor and Directions of this Act, under the Penalty of Fifty Pounds, to be recovered as aforesaid, one Half to the Governor, and the other Half to him that shall sue for the same.

AND every Sheriff, or other Officer, not making good and true Returns of the said Elections of Representatives, And on not making true Returns, &c. forfeits 100 l or Members of Assembly, according to the Direction of this Act, or refusing, or wilfully neglecting to do and per­form what is hereby required to be done at and after the said Elections, shall forfeit, for every such Offence, the Sum of One Hundred Pounds, Money aforesaid; one Half thereof to the Governor, and the other Moiety to him that will sue for the same in Manner aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Powers andPrivileges of an Assem­bly. That the Representatives so chosen and met, according to the Direction of this Act, shall be the Assembly of this Province, and shall have Power to chuse a Speaker and other their Officers, and shall be Judges of the Qualifications and Elections of their own Members, sit upon their own Adjournments, appoint Committees, prepare Bills in order to pass into Laws, impeach Crimi­nals and redress Grievances, and shall have all other Powers and Privileges of Assembly, according to the Rights of [Page 73] the Freeborn Subjects of England, and as is usual in any of the Qu [...]en's Plantations in Ameri [...]a.

AND if any County or Part of this Province shall re­fuse or neglect to choose th [...]ir respective Representatives as aforesaid, or if chosen, do not meet to serve in Assembly, If any County should refuse to chuse, & [...]. those who are so chosen and met shall have the full Power of an Assembly in as ample Manner as if all the Represen­tatives had been chosen and met; Provid [...]d, they are not less than two Thirds of the Whole that ought to meet.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Membe [...] to vote, & [...]. in the House till qualified. That no Person who shall be hereafter a Member of the Assembly, or House of Represen­tatives of this Province, shall be capable to vote in the said House, or sit there during any Debate, after their Speaker is chosen, until he shall make and subscribe the following Declarations and Profession of his Christian Belief, viz.

WHICH said Declarations and Profession of Faith shall be, How the same shall be made and when and where. in the next and every succeeding Assembly, to be held in this Province, solemnly and publickly made and subscribed, betwixt the Hours of Nine in the Morning and Four in the Afternoon, by every such Member of the House of Representatives, at the Table, in the Middle of their House, and while a full House of Representatives is there Sitting with their Speaker in his Chair; and during the Making and Subscribing thereof, all Business and De­bates in the said House shall cease.

AND the Clerk of the Assembly is hereby required to record the same in Rolls or Books prepared for that Pur­pose; Which Qua­lifications shall be re­corded by the Clerk of the Assembly. and every Member of Assembly shall pay the Clerk for recording thereof Five Pence, and no more. And that the Manner and Method of making the said Declarations shall be as followeth, to wit, The Speaker shall first read and subscribe the same, and after him every Member, as he is called over, shall either read and subscribe the said De­clarations, or else subscribe them as they shall be read unto him by the Clerk of the Assembly.

AND BE IT ENACTED by the Authority aforesaid, No Member shall be de [...]ni [...]d to sit, &c th [...]t makes and subscribes the same. That no Person whatsoever, who at any time shall be elected Member of Assembly in this Province, and who shall make, and be willing and offer to make and sub­scribe the said Declarations in Manner and Form aforesaid, [Page 75] shall be rejected or denied to sit, debate and act in the House of Representatives or General Assembly of this Province.

PROVIDED NEVERTHELESS, That nothing he [...]ein contained shall extend to debar or hinder the House of Representatives to reject such Persons as are or shall be unduly elected Members to serve in Assembly, Except such as shall be un­duly elected, &c. such as the [...]ssembly, or major Part of them, shall see cause from time to time, by Vote, to expel, or disable to sit or serve there, by reason of ill Practice in Elections, or Mis­behaviour in the House.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Th [...]t every Member chosen, Members Al­lowance per Diem▪ Al­tered by an Act made th [...] 9 th Geo. I▪ entitu­led, An Act for Regula­ting, &c. Fees. or to be chosen, to serve in Assembly as aforesaid, shall be al­lowed the Sum of Six Shillings per Day, and the Speaker Ten Shillings per Day, during his and their Attendance in the Service thereof; and that every Member of Assembly shall be allowed towards his travelling Charges after the Rate of T [...]ree-Pence a Mile coming to and going from the Place where the Assembly is or shall be held.

See this A [...]t altered and explain [...]d, by an Act passed in the 13 Geo. I. Chap. CCXCIV. Entituled, A Supplemen­tary Act to the Act for Ascertaining the Number of the Members of Assembly, &c.

CHAP. CXXX. An ACT for selling Beer and Ale by Wine-Measure.

WHEREAS by a Law of this Province, for Regulating the Dimensions of Casks, &c. it is enac­te [...], amongst other Things, Th [...]t a Barrel shall contain Thirty-one Gallons Wine-Measure. And whereas by another Law of this Province, for Regulating of Weights and Measures, it is, amongst other Things, enacted, That none shall sell Beer or Ale by retail, but by Be [...]r-Measure, according to the Standard of England; by reason whereof the R [...]tailers of Beer and Ale are obliged to sell the same by far greater M [...]ure than they buy it: For Remedy whereof, BE IT ENACTED, &c. That from and [Page 76] after the Publication of this Act, all Persons which now are or which at any time or times hereafter shall be licensed to keep any Tavern, Taverns to sell Beer or Ale by Wine-Measure in their Houses, and Beer-Measure out of Doors, on 10 s. Penalty. Inn, Ale-house or Victualing-House within this Province, shall sell Beer and Ale by Wine-Mea­sure to all Persons as drink it in their Houses, and by Beer-Measure to all such Persons as carry the same out of their Houses, under the Penalty of Ten Shillings, to the Use of the Poor, for every Offence, being convict thereof by one or more Witnesses, before one or more of the Justices of the Peace of the County where the Offence is committed, any Law, Custom or Usage to the Contrary in anywise notwithstanding.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, That the above recited Law, entituled, An Act for regulating Weights and Measures, and every Part and Proviso therein contained, except the last Cause thereof, relating to selling Beer and Ale by Beer-Measure, shall be and remain in full Force, any think herein contained to the Contrary notwithstanding.

CHAP. CXXXI. An ACT for the more easy and effectual Collecting of the Proprietary's Quit-Rents.

WHEREAS since the first Location of Lands in this Province, the Quit-Rents reserved upon the several Grants, as well before the Date of the Royal Charter to the Proprietary as since, have been very irregularly and uncertainly collected, not only to the great Loss of the Proprietor himself, who has thereby been kept out of his just Rights, but also to the great Inconveniency of the Freeholders, by having no certain and exact Ac [...]ounts of their Quit-Rents kept; and being suffered, upon their Negligence, to run far in Arrears, that the Payment of what would be easy yearly, becomes more grievous and burthensome when to be paid in one Sum. And further, that upon the Transferring of Lands incumbred with Quit-Rents, the whole Arrears often become an entire Loss to the Purchaser. For Remedy whereof, BE IT ENAC­TED, &c. That there shall be always in this Province a Receiver-General appointed by the Proprietary, his Heirs [Page 77] and Assigns, or (upon Failure thereof, A Receiver-General to be appointed by the Proprieta­ry; who shall keep an Of­fice, &c. or in case of Death or Removal) by those that represent the Proprietor, his [...] or Assigns in this Province, in Matters of Property, who shall hold an Office, which shall be called the Receiver-G [...]neral's Office for Pennsylvania; and either by himself or su [...]icient Deputies, or other Persons appointed by the Pro­ [...]tary, his Heirs or Assign [...], or such as do or shall repre­sent him or them in Matters of Property as aforesaid, by Commissions or Deputations, which with the present Re­ceiver-General's Commission, and his Deputations to the several Collectors of Quit-Rents, shall be recorded in the Office of Inrolment in each County of this Province, shall sit on some certain Day or Days in the first Month, And in March, yearly, [...] in each County, and give ten Days Notice there­of, to receive allQuit-rents▪ called Mar [...]h, yearly, at such Place or Places in the respective Counties as is by the Proprietor's Patents appointed, of which Time and Place ten Days Notice shall be, by the respective Receiver, given and published, by fixing Notes or Advertisements in Writing upon the Door of every publick Meeting-House for religious Worship in each County; and then and there receive all Quit-Rents due for such Lands in each County from all and every the Free­holders and others that possess and claim the same, who shall pursuant to their Tenures, be hereby obliged, at such Time and Place, to appear in Person, or by their Friends, and pay their Arrears of Rent. And shall en­ter, in a fair Roll, the se­veral Pay­ments, which Roll shall be subject to View, &c. And the said several Pay­ments shall be duly entered in a fair Roll, made and kept for every County within each Township in every County, and all the Lands therein according to the said Patents, in distinct Entries; which shall be subject to the View of every Person, as far as they relate to any particular Tract that such Person is or may be in anyways concerned, either in his own Right, or for or in Right of others.

AND in Case any Person, On Refusal of Payment may levy the same by Distress. who so holds and claims any Lands or Lots in this Province, shall neglect to appear as aforesaid and pay th [...]ir Quit-Rents (Notice being as afore­said given) the Receiver or respective Collector may levy the same by Distress, according as the Law of England impowers and directs to dis [...]ain for Rents. And if no Distress can be found, the Proprietary, his Heirs or Assigns, may sue for the Rent or Arrearages thereof in an Action of Debt at the respective County Court, and shall recover the same as any other Debt may be recovered by the Laws of this Government.

[Page 78]PROVIDED ALWAYS, That no such Action, if the Defendant fail of fully answering the Debt, shall af­terwards be a Bar to the Proprietary, his Heirs or Assigns, against recovering the same Arrears that were sued for, of the Land or Lots from whence they accrued, by all such lawful Means as might be done if such Action had not been commenced.

BUT where any Person holding Lands of the Proprietary is not by Patent, Deed or Contract obliged to pay his Rent at any certain Place, and after such Notice of Time and Place given by the Receiver or Collector as aforesaid, re­fuses to pay the same accordingly, it shall be lawful for such Receiver or Collector to distrain for the Rent due be­fore such Demand; or for Want of Distress, the same shall be sued for as aforesaid.

SAVING to all Persons that shall be wrongfully de­strained upon or sued by Colour of this Act, Saving to all Pe [...]s [...]n [...] their legal P [...]eas. all their legal Pleas and Remedies prescribed or allow'd in such Cases by the Laws of England.

PROVIDED ALWAYS, AND IT IS HEREBY ENACTED, That every Renter who is by Patent or Contract to pay his Rent in Wheat, Renters who are to pay Wheat, shall deliver the [...]me into a Mill within a Mile of [...]vi­gable Water. shall deliver the same in good merchantable Wheat into some convenient Mill within a Mile of any navigable Water, which may best suit the said Renter; and the Miller's Re­ceipt for the same being produced to the Receiver or Col­lector, shall be accounted and taken as sufficient Payment for so much as shall be therein mentioned, and the Renter shall be discharged thereupon accordingly.

Arrears of Rent not to be sued for till six Months after Demand or Notice gi­ven, &c.PROVIDED ALSO, That no Person shall be distrained upon or sued for any Rent, or Arrears of Rent heretofore due, until six Months be expir'd after the first Demand thereof shall be made, or Notice given as aforesaid, to the End that every one may have time to provide his Receipts and Proofs of Payments, if any be made; and for that Purpose he shall have Recourse to all Rent-Rolls, Books and Accounts of all the Receivers or Collectors of Quit-Rents that can be found, to make out the Payments where Receipts cannot be produced: Which said Receivers and Collectors, their Executors and Administrators, shall and are hereby required, before the Twenty-fourth Day of the Month called Iune, in the Year of our LORD [Page 79] One Th [...]usand S [...]v [...]n Hundred and Six, to bring into the Re­ceiver-General's Office, at Philad [...]lphia, al [...] the Accounts of Rents gathered, received or had by the said respective Re­ceivers or Collectors, or by their Order, or true Copies of such Accounts n [...]t already br [...]ught in; Where Re­ceipts cannot be [...]ound the Accounts of theReceivers, &c▪ shall be allowed by the Receiver-General. and if any Rents be thereby discovered, or otherwise made appear to be paid, or [...]cured by Obligation, or other Specialty for that Pur­pose, the same shall be allowed by the Receiver-General or his Deputy for the time being, or by such other Person as shall be appointed to collect the Proprietary's Rents a [...] aforesaid.

PROVIDED ALSO, No Proof ap­pearing, and the Party de­clare the Sum paid, &c. no Distress to be made, but the Pa [...]ties Affir­mation, &c▪ to be Proof. That where Receipts can­not be produced, nor any apparent Credit in or by any of the said Receiver's Rolls, Books or Accounts, or no other P [...]oof can be made of the Payment of the Rents, or Arrears of Rents heretofore due, to the Satisfaction of such Receiver or Collector, and yet the Party declares the same is paid or secu [...]ed as aforesaid, in Part or in all; then, and in such Cases, the Receiver or Officer shall not make Distress for such Rents or Arrears, but may sue for the same; and the Tenant or Debtor shall be allowed to give his own Affirma­tion, back'd with probable Circumstances, or Proof of oth [...]rs, in Evidence to the Jury, for his Discharge; and if such Evidence be not to the Satisfaction of the Jury, they shall find for the Plaintiff.

PROVIDED ALSO, And every Obligation gi­ven for Rent, [...] shall dis­ch [...]ge, & That every Obligation or Specialty which hath been or shall be given for Arrears of Quit-Rents, shall discharge the Oblig [...]rs of so much thereof, and be a Bar to any Action or Avowry for the same.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Rent fi [...]st re [...]e [...]ved shall be [...]ppo [...]tion­ed on the Di­vision of Lands, &c. That none of the said Quit-Rents shall be multiplied, but the Rent or Sum first re­served shall be appo [...]tio [...]ed; and no Person after he has given the Receiver or Collector a due Account of what Land he has alienated, and the same is entred in the Roll as is herein after directed, shall [...]e charged, distrained or sued for any more of the said Quit-Rents than what shall be really due, or ought of Right to be required or had, for the Quantity of Ground or Number of Acres which he or s [...]e resp [...]c [...]ively holds. No Person to pay more than his Share of Quit Rents. And no Person shall be charged or obliged to pay any Quit-Rents for such Pa [...]ts of his or her Lands or Lots as he o [...] she shall have alienated or conveyed to another who resides upon any Lands adjoining, upon the [Page 80] Account of which he or she was before entered into the said Roll; which the Receiver or Officer, upon due Notice had thereof, is hereby required to do.

No Proporti­ons of Rents to be less than 12 d. Ster▪ for new, and a Bushel of Wheat for old Rente [...]s.PROVIDED ALWAYS, That no Proportions or Parts of Quit-Rents for Lots or Lands sold or alienated after the Twenty-fifth of the Month called March, in the Year One Thousand Seven Hundred and Six, shall be less than twelve Pence Sterling for new Renters, and one Bushel of Wheat for old Renters; and upon Alienations before the said Twenty-fifth Day of March, the Receiver, or his De­puties, shall not be obliged to receive for any Part or Parcel of Lots or Lands, less than Three Pence Sterling yearly, or one Peck of Wheat. The Receiver to enter into hisRent-Rolls every Aliena­tion. And the said Receiver, or his Depu­ties, are hereby required to enter into the respective Rent-Rolls every such Alienation as aforesaid; for which the under Purchaser, who shall be so entred, shall pay One Shilling.

AND WHEREAS divers Persons, who are not resident in this Province, have procured their Lands to be located; where the same, by the Settlement of the neigh­bouring Inhabitants, are greatly improved in Value, and yet have not paid Quit-Rents nor publick Charges, for Want of some Person in the Place to answer for them; BE IT THEREFORE ENACTED by the Authority aforesaid, That from and after the Twenty-fi [...]th of the Month called March, which shall be in the Year One Thousand Seven Hundred and Eight, Lands, &c in A [...]ears for three Years Quit Rents, or County-Levies, may be levied on in Manner as other Lands, &c. for Pay­ment of Debts. where any Tracts of Lands or Lots shall be in Arrears for Quit-Rents, yearly arising thereupon, or for the Provincial or County Rates assessed, or to be assessed, or made payable for the same, it shall be lawful for the Clerk of the County where such Land lies, in the Name of the Proprietor, to sue such Non-Resident in the respective County Court, as well for the Arrears of Quit-Rent as Taxes unpaid, for the Space of three Years, or more, next before such Suit; and if the Defendant doth not, by himself, or any other, appear to defend such Suit, and pay the said Arrears of Quit-Rents and Taxes, Judgment shall be given against the Defendant, and Execution shall be awarded, to be levied on so much of the said Lands as shall satisfy the Judgment, in the same Manner as other Lands, by the Laws of this Province, are to be taken and sold upon Execution for the Payment of Debts; and so much of the Money raised by such Sale as shall be due for Quit-Rents, shall be, by the Sheriff, paid [Page 81] to the Proprietor or his Receiver; and what shall be due for Taxes shall be paid to the Provincial or County Trea­surer respectively.

AND BE IT FURTHER ENACTED by the Authority aforesaid, W [...]its of Re­plevin gran­table▪ That it shall and may be law­ful for the Justices of each County of this Province, to grant Writs of Replevin in all Cases whatsoever where Replevins may be granted by the Laws of England, taking Security as the said Law directs, and make them returnable to the next respective Courts of Common-Pleas in the proper County, there to be determined according to Law.

CHAP. CXXXII. An ACT about Departers out of this Province.

BE IT ENACTED, &c. That every Person in­tending to depart or leave this Province, shall publish his or her Intentions in Writing, under one Justice's Hand, affixed on the Door of the County Court-House where he or she inhabits, thirty Days before his or her De­parture; and shall have a Pass under the Province or County Se [...]l. AND if any Master of Ship or Vessel, s [...]all presume to convey or transport any Person inhabiting in this Province out of this Government without such Pass, such Master or Person shall pay all Damages that shall happen thereby.

CHAP. CXXXIII. An ACT for the better Improving a good Correspondence with the Indians.

Expired.

CHAP. CXXXIV. An ACT about Attachments.

WHEREAS the Laws of this Government have hitherto been deficient in respect of Attachments, Proceedings on Attach­ments rectifi­ed by the 9th Ge [...]. I. Chap. 251 [...]. (so that the Effects of Persons absenting are not [...]ally liable with those of Persons dwelling upon the Spot, [...] make Satisfaction for Debts contracted or owing within [Page 82] this Province) to the great Injury of the Inhabitants thereof, and Encouragement of such unworthy Persons as frequently, by Absconding, make an Advantage of the Defect afore­said: To prevent which Inconveniency, BE IT E­NACTED, &c. That the Justices of the respective County Courts within this Province shall, and are hereby impowered to grant Writs of Attachment; which Attach­ments so granted shall be duly served by the respective Sheriffs or Coroners, as the Case may require, upon the Goods and Chattels of such Person or Persons against whom the same shall be awarded, in whose Hands or Possession the same shall be found, returnable to the next succeeding Court respectively, where the Party may proceed to Trial, and shall have Judgment granted the third Court after the Effects are seized.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Manner of Proceeding on Attach­ments. That the Person or Persons whose Goods or Effects are so attached, shall be called The Defendant in the Attachment; and the Person in whose Hands or Possession the same Goods or Effects are attached shall be called The Garnishee, and shall be obliged to appear in Court at the Return of the Attachment, and answer what shall be objected against him, and abide the Judg­ment of Court, and shall be allowed, out of the Effects at­tached, reasonable Satisfaction for his Attendance. And that the Manner of Executing the said Writs shall be by the Officers going to the House, or to the Person in whose Hands or Possession the Defendant's Goods or Effects are supposed to be, and then and there declare, in the Presence of one or more credible Persons of the Neighbourhood, That he attacheth the same Goods or other Effects: From and after which Declaration the Goods, Money or Effects so at­tached, shall remain in the Officer's Power, and be by him secured, in order to answer and abide the Judgment of Court in that Case, unless the Garnishee will give Security therefor. And if the Plaintiff obtain a Verdict, Judgment and Executi [...]n for the Money and Goods in the Garnishee's Possession; y [...]t the Defendant, in the Attachment, may, at any time before the Money paid, put in Bail to the Plain­tiff's Action, upon which the Attachment is grounded; whereby the Garnishee will and shall be immediately dis­charged. And if an Attachment shall be made for Goods or Effects, and the Garnishee plead he had no Goods or Effects in his Hands at the time of the Attachm [...], or at any time after, and the Plaintiff prove the Contrary, the [Page 83] Jury in such Case being satisfied that the Proof is plain and full, shall find for the Plaintiff, and say what Goods or Effects they find in the Garnishee's Hands; whereupon Judgment shall be entred, that Appraisement may be made of the said Goods or Effects so found by the Jury, and a Precept shall be granted requiring the Sheriff to get the same appraised; and if the Garnishee will not produce them, Execution shall be forthwith awarded for the Value thereof according to Appraisement; to be levied of the Lands, Tenements, Goods and Chattels of the Garnishee.

PROVIDED ALWAYS, No Attach­ment to be granted a­gainst a Resi­dent, &c. T [...]t no Writ of At­tachment shall hereafter be granted against any Person or Persons Effects, but such only as at the time of Granting such Writs are not resident or residing within this Province, or are about to remove or make their Escape out of the same, and shall refuse to give sufficient Security to the Com­plainant for his Debt or other Demand before he departs the said Province.

PROVIDED ALSO, That after Judgment ob­tained by the Plaintiff upon any Attachments against Non-Residents, the Plaintiff shall before Sale, The Plaintiff after Judg­ment obtain­ed shall find Security, that if the Defen­dant, &c. and after Execution is awarded, find Security, who shall undertake for the Plaintiff, That if the Defendant in the Attachment shall, within a Year and a Day next following, by himself or Attorney, come into Court and disprove or avoid the Debt recovered by the Plaintiff against him, or shall discharge the same, with Costs, that then the Plaintiff shall restore to the Defendant the Goods or Effects, or the Value thereof, by the Plaintiff attached and co [...]demned, or so much thereof as shall be disproved or discharged, or else that they shall and will do it for him.

CHAP. CXXXV. An ACT for the Trial of Negroes.

WHEREAS some Difficulties have arisen within this Province, Vide po [...]ea, An Act, enti­ [...]uled ▪ An Act for [...]he better Regulating of Negroes, &c. 12 th Geo. I. Chap. 287. about the Manner of Trial and Pu­nishment of Negroes committing Murther, Man­slaughter, Buggery, Burglary, Rapes, Attempts of Rapes, and other high and heinous Enormities and capital Offen­ces: For Remedy thereof, and for the speedy Trial and condign Punishment of such Negroe or Negroes offending as aforesaid, BE IT ENACTED, &c. That it shall [Page 84] and may be lawful for two Justices of the Peace of this Province, Two Justices commissiona­ted by the Governor, with the As­sistance of six Freeholders, to tryNegroes for Murther, &c. who shall be particularly commissionated by the Government for that Service, within the respective Coun­ties thereof, and six of the most substantial Freeholders of the Neighbourhood, to hear, examine, try and determine all such Offences committed by any Negroe or Negroes: Which said Freeholders shall be by Warrant under the Hands and Seals of the respective Justices, commissionated as aforesaid, directed to the next Constable, summoned to appear at such Time and Place as the said Justices shall therein appoint: Their Quali­fication, and Manner of Proceeding ther [...]on. Which Freeholders the said Justices shall solemnly attest, Well and truly to give their Assistance and Iudgment upon the Trial of such Negroe or Negroes: Who shall hold a Court for the Hearing, Trying, Judging, De­termining and Convicting of such Negroe or Negroes as shall be before them charged or accused of committing any Murther, Manslaughter, Buggery, Burglary, Rapes, At­tempts of Rapes, or any other high or heinous Offence committed, acted or done in any of the respective Counties within this Province as aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Their Duty and Power, to acquit or con­demn, &c. That upon the Holding of such Court by the said Justices and Freeholders as aforesaid, it shall and may be lawful for the said Justices and Freeholders to examine, try, hear, judge, determine, convict, acquit or condemn, according to Evidence and full Proof, any Ne­groe or Negroes, for any the Crimes or Offences aforesaid, or any other high or capital Offence; and, upon due Proof and Conviction, to pronounce such Judgment or Sentence in the Premises, as is agreeable to Law and the Nature of the Offence; or otherwise to acquit, free and discharge such Negroe or Negroes, in Case the Evidence shall not be sufficient for a Conviction therein.

AND BE IT FURTHER ENACTED by the Authority aforesaid, HowSentence shall be given and Executi­on done, &c▪ That where such Negroe or Negroes shall be convict, and Judgment or Sentence shall be pronounced by the respective Justices and Freeholders as aforesaid, and a Warrant by them signed and sealed, to be directed to the High-Sheriff of the County where the Fact was committed or tried, for the Execution of such Negroe or Negroes, the same shall be duly executed, or caused to be duly executed by the said Sheriff, on Pain of being disabled to act any longer in that Post or Office.

[Page 85]AND if any of the said Justices or Freeholders neglect or delay to do their Duty therein, Penalty: they shall be liable to be fined by the Governor and Council, in any Sum not exceed­ing Five Pounds; to be levied by Distress and Sale of the Goods and Chattels of such Justices or Freeholders so re­fusing as aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Rape, &c punished by Death, and an Attempt▪ &c. by Whip­ping, &c. That if any Negroe or Negroes within this Province, shall commit a Rape or Ravishment upon any white Woman or Maid, or shall commit Murther, Buggery or Burglary, they shall be tried as aforesaid, and shall be punished by Death. And for an Attempt of Rape or Ravishment on any white Woman or Maid, and for Robbing and Stealing, or fraudulently taking and carrying away any Goods, living or dead, above the Value of Five Pounds, every Negroe, upon Conviction of any of the said Crimes, shall be whipp'd with Thirty-nine Lashes, and branded on the Forehead with the Letter [R] or [T] and exported out of this Province by the Master or Owner, within six Months after Conviction, never to return into the same, upon Pain of Death, and shall be kept in Prison till Exportation, at their Masters or Owners, or their own Charge. Stealing un­der 5 l. Value, by Whipping only, and the Master to pay, &c. And for Robbing or Stealing any Goods as afore­said, under the Value of Five Pounds, every Negroe, upon Conviction thereof, shall be whipp'd at the Discretion of the Justices, with any Number of Lashes not exceeding Thirty-nine; and the Master or Owner of such Negroe shall make Satisfaction to the Party wronged for the Value, and pay all Costs; to be levied by Distress and Sale of the said Master's or Owner's Goods, if he or they refuse or delay to answer it otherwise.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Negroes not allowed to carry a Gun, &c. That if any Negroe shall pre­sume to carry any Guns, Sword, Pistol, Fowling-Piece, Clubs or other Arms or Weapons whatsoever, without his Master's special Licence for the same, and be convicted thereof before a Magistrate, he shall be whip'd with Twenty-one Lashes on his bare Back.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Nor to me [...] above four its Company, on Penalty of Whipping. That for preventing Negroes meeting and accompanying together on the First-Days of the Week, or any other Day or Time, in great Companies or Numbers; that if any Person or Persons give Notice [Page 86] thereof, and to whom they respectively belong, to any Ju­stice of the Peace within this Province, the same being above the Number of four in Company, and upon no lawful Bu­siness of their Masters or Owners, such Negroes so offending shall be publickly whip'd, at the Discretion of one Justice of the Peace, not exceeding Thirty-nine Lashes.

CHAP. CXXXVI. An ACT to prevent the Importation of Indian Slaves. Vid. pos [...]ea Cap. 288.

WHEREAS the Importation of Indian Slaves from Carolina, or other Places, hath been observed to give the Indians of this Province some Umbrage for Suspicion and Dissatisfaction, BE IT ENACTED, &c. No Indian Slaves to be imported into this Province, on Penalty of being forfei­ted▪ That if, after the Twenty-fifth Day of March, in the Year One Thousand Seven Hundred and Six, any Person shall import, or cause to be imported, any Indian Slaves or Ser­vants whatsoever, from any Province, or Colony in America into this Province, by Land or Water, such only and their Children (if any) excepted, as for the Space of one Year before such Importation, shall be proved to have been menial Servants in the Family of the Importer, and are brought in together with the Importer's Family; every such Slave or Servant so here landed shall be forfeited to the Government, and shall be either set at Liberty or other­wise disposed of as the Governor and Council shall see cause.

PROVIDED ALWAYS, That no such Indian Slave as Deserting his Master's Service elsewhere (that shall fly into this Province) shall be understood or be construed to be comprehended within this Act.

CHAP. CXXXVII. The LAW about seven Years quiet Possession.

BE IT ENACTED, &c. That seven Years quiet Possession of Lands within this Province, which were first entred on upon an equitable Right, shall forever give an unquestionable Title to the same against all, during the Estate whereof they are or shall be possessed; except [Page 87] in Cases of Infants, married Women, Lunaticks, and Persons not resident within this Province and Territories.

CHAP. CXXXVIII. An ACT for the Killing of Wolves.

Supplied.

CHAP. CXXXIX. An ACT against mixing and adulterating strong Liquors.

FOR the Preventing of Fraud in mixing and adulte­rating Rum, Brandy, or such like Spirits, BE IT ENACTED, &c. The mixing Water with Rum, &c. to sell, is Forfei­ture thereof. That if any Person within this Province shall presume to sell Rum, Brandy, or such like Spirits, that is adulterated or mix'd with Water or any other Liquor, knowing the same to be so adulterated or mix'd, being convict thereof, by one or more credible Wit­nesses, he or she shall, for every such Offence, forfeit the said Rum, Brandy or Spirits to be exposed to Sale, and pay treble the Value thereof; one Moiety to the Support of Government and the other Moiety or Half to him that shall discover or sue for the same.

CHAP. CXL. An ACT for Mariners not to be trusted.

TO the End that no Mariners shall be arrested to hin­der their Voyage in any Ship or other Vessel to which they belong, bound out to Sea, BE IT ENAC­TED, &c. That no Person, Ordinary-keepers or others, Mariners not to be trusted above 5 [...] on 5 l. Penalty, &c. within this Province, shall trust any Mariner, belonging to any Vessel, above Five Shillings, unless the Master of the Ship or Vessel to whom such Mariner belongs, engage for the same; upon the Penalty of Losing what they so trust, and of the Sum of Five Pounds, over and above, for each Of­fence; one Moiety thereof to the Master or Merchant in­jured, and the other to the Governor; and shall further for­feit their Licence; except such Mariner have Goods on board the said Vessel, or otherways to answer the same.

CHAP. CXLI. An ACT for County Seals, and against counterfeiting Hands and Seals.

BE IT ENACTED, &c. That there shall be a County Seal in every County in this Province, for the Use of each County; The Penalty on counterfei­ting Hand or Seal. and if any Person within the said Province shall be convicted of counterfeiting the Hand or Seal of another, with Intent to defraud such Per­son, shall suffer three Months Imprisonment, and be fined treble the Value he or she shall have defrauded, or attemp­ted to have defrauded thereby, to the Use of the Party wronged. Or the Privy or Broad Seal. AND whosoever shall counterfeit the Privy or Broad Seal of the said Province, being convicted thereof, shall suffer seven Years Imprisonment as aforesaid, and be fined at the Discretion of the Court where such Party shall be convicted, in any Sum not exceeding One Hundred Pounds, for the Support of Government.

CHAP. CXLII. An ACT for Defalcation.

Any Person sued upon Bond, Bill, &c may plead Payment of Part or the whole Debt, &c.BE IT ENACTED, &c. That if any two or more Dealing together, be indebted to each other upon Bonds, Bills, Bargains, Promises, Accounts, or the like, and one of them commence an Action in any Court of this Province, if the Defendant cannot gainsay the Deed, Bargain or Assumption upon which he is sued, it shall be lawful for such Defendant to plead Payment of all or any Part of the Debt or Sum demanded, and give any Bond, Bill, Receipt, Account or Bargain in Evidence; and if it shall appear that the Defendant hath fully paid or satis­fied [...] Debt or Sum demanded, the Jury shall find for the Defendant, and Judgment shall be entered, that the Plaintiff shall take nothing by his Writ, and shall pay the Costs. And if it shall appear that any Part of the Sum demanded be paid, then so much as is found to be paid shall be de­saulked, and the Plaintiff shall have Judgment for the Residue only, If the Jury find the Plain­tiff is over­paid, the Ver­dict shall be given for the Defendant. with Costs of Suit, But if it appear to the Jury that the Plaintiff is overpaid, then they shall give in their Verdict for the Defendant, and withal certify to the Court how much they find the Plaintiff to be indebted [Page 89] or in Arrear to the Defendant more than will answer the Debt or Sum demanded, and the Sum or Sums so certified shall be [...]ecorded with the Verdict, and shall be deemed as a Debt of Record; and if the Plaintiff refuse to pay the same, And how the Court shall proceed upon the same. the De [...]endant, for Recovery thereof, shall have a Scire facias against the Plaintiff in the said Action, and have Execution for the same, with the Costs of that Action.

PROVIDED ALWAYS, Where a Ten­der is made, and the Par­ty refuses, and afterwards sues, he shall recover no Costs. That in all Cases where a Tender shall be made, and full Payment offered by Discount, or otherwise, in such Specie as the Party by Contract or Agreement ought to do; and the Party to whom such Tender shall be made doth refuse the same, and yet afterward will sue for the Debt or Goods so tendred, the Plaintiff shall not recover any Costs in such Suit.

PROVIDED ALSO, The award of Referrees cho­sen in Court, by Consent of Parties, shall have the same Effect as a Verdict. That in all Cases where the Plaintiff and Defendant having Accounts to produce one against another, shall, by themselves, or Attornies, or Agents, consent to a Rule of Court, for Referring the Ad­ju [...]ment thereof, to certain Persons, mutually chosen by them in open Court, the Award and Report of such Re­ferees being made according to the Submission of the Parties, and approved of by the Court, and entered upon the Re­cord or Roll, shall have the same Effect, and shall be deemed and taken to be as available in Law as a Verdict given by twelve Men; and the Party to whom any Sum or Sums of Money are thereby awarded to be paid, shall have Judg­ment, or a Scire facias, for the Recovery thereof, as the Case may require, and as is herein before directed concern­ing Sums found and settled by a Jury; any Law or Usage to the Contrary of this in anywise notwithstanding.

CHAP. CXLIII. An ACT for Bailing of Prisoners, and about Imprisonment.

BE IT ENACTED, &c. All Perso [...] bailable, ex­cept for Felo­nies of Death. That all Prisoners shall be bailable by one or more sufficient Sureties, to be taken by one or more of the Judges or Justices that have Cognizance of the Fact, unless for such Offences as are or shall be made Felonies of Death by the Laws of this Province. And, at least every half Year, there shall be a [Page 90] Goal-Delivery in every County of this Province, where Im­prisonment is not the Punishment: And that Goalers shall not oppress their Prisoners; The Liberty of P [...]isone [...]s, and their Al­lowance. and that all Prisoners shall be free as to Room; and all Prisoners shall have Liberty to provide themselves with Bedding, Food and other Necessa­ries during their Imprisonment. And that the Publick-Allowance shall be Two Pence per Day, and no more. And that the respective Prisons shall be Work-Houses (until others are provided) for Felons, Thieves, Vagrants and loose and idle Persons; whereof one shall be in each respec­tive County of this Province. And that no Person or Per­sons shall be obliged to answer to any Indictment or Pre­sentment, unless the Prosecutor's Name be inserted thereon. And if any Person or Persons shall be imprisoned or prose­cuted without probable Cause, he, she or they shall have double Damages against the Informer or Prosecutor; to be recovered by Action at common Law.

CHAP. CXLIV. An ACT for taking Lands in Execution for Payment of Debts. Vide 13 Geo. I. post. Cap. 295. See Chap. 48. Anno 1700.

TO the End that no Creditor may be defrauded of their just Debts due to them from Persons who have sufficient real if not personal Estates to satisfy the same, Lands Tene­ments, &c. may be sold for the Pay­ment of Debts. BE IT ENACTED, &c. That all such Lands, Tenements and Hereditaments whatsoever, within this Province, where no sufficient personal Estate can be found, shall be liable to be seized and sold, upon Judgment and Execution obtained.

PROVIDED ALWAYS, That when any Debt is hereafter recovered, Except the Rents thereof will sati [...]fy such Debts in seven Years. and Damages awarded, or when any Debt is acknowledged before such as have or shall have Power to take Cognizance thereof, and Executions awarded thereupon, to be levied upon the Lands, Tenements or Hereditaments of any Person or Persons whatsoever, it shall not be lawful for any Sheriff, or other Officer, by Virtue of such Executions, or of any Writ or Writs thereupon, to sell or expose to Sale any such Lands, Tenements or He­reditaments, in this Province, which shall or may yield yea [...]ly Rents or Profits, beyond all Reprizes, sufficient, within the Space of seven Years, to pay or satisfy such Debts or [Page 91] Damages, with the Costs of Suit; but that all those Lands, And then to be extended. Tenements and Here [...]itaments shall, by Virtue of the Writ or Writs of Execution, be delivered to the Party obtaining the same, until the Debt or Damages be levied by a rea­sonable Extent, in the same M [...]nner and Method as Lands are delivered upon Writs of E [...]git in England.

PROVIDED NEVERTHELESS, That if the clear Profits of such Lands or Tenements shall not be sound by Inquest of twelve Men to be sufficient, And if not, and before the said Extent be out any Debts shall be reco­vered which cannot be sa­tisfied out of the said year­ly Profits, then said Lands shall be sold. within seven Years, to satisfy the Debt or Damages in such Exe­cutions; or if, before the Extent be out, any other Debts or Damages shall be recovered against the same Debtor or Defen [...]ant, his Heirs, Executors or Administrators; which, with what r [...]mains due upon that Extent, cannot all be sa­tisfied out of the yearly Profits of the Lands and Tenements so extended, within seven Years, then, and in every such Case, the Sh [...]riff, or other Officer, shall accordingly certify the same, upon the Return of such Executions; whereupon Writ or Writs of Venditioni exponas shall issue forth to sell such Lands or Tenements, for and towards Satisfaction of what shall so remain due upon such Extent, as also towards Satisfaction of all the rest of the said Debts or Damages, in Manner as is herein alter directed concerning the Sale of other Lands.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That it shall and may be law­ful for the Sheriff, or other Officer, How the She­riff is to pro­ceed therein. by a Writ of Levari facias, to seize and take all other Lands, Tenements and Hereditaments in Execution, and thereupon, with all con­venient Speed, either with or without any Writ of Vendi­tioni exponas, to make publick Sale thereof for the most they will yield, and pay the Price or Value of the same to the Party, towards Satisfaction of his Debt, Damages and Costs. But before any such Sale be made, the Sheriff, Notice to be gi [...]en ten Days before such Sales. or other Officer, shall cause so many Writings to be made, upon Parchment, or good Paper, as the Debtor or Defendant shall reasonably desire or request, or so many, without such Re­quest, as may be sufficient to signify and give Notice of such Sales or Vendues, and of the D [...]y and Hour when, and the Place where the same will be, and what Lands or Tenements are to be so sold, and where they lie, which Notice shall be given to the Defendant; and the said Parch­ments or Papers fix'd by the Sheriff, or other Officer, in the most publick Places of the County or City, at least ten [Page 92] Days before Sale; And after the S [...]le the She­riff to give the Buyer a Deed, &c. and upon such Sale, the She [...]ff, or other Officer, shall make Return thereof, indor [...]ed or annexed to the said Levari facias; and give the Buyer a Deed, duly executed and acknowledged in Court for what is sold, as has been heretofore used upon the Sheriff's Sale of Lands. But in Case the said Lands and Hereditaments so to be ex­posed, If the Lands, &c cannot be sold how the Sheriff shall proceed. cannot be sold, then the Officer shall make Return upon the Writ, That he exposed such Lands or Tenements to Sale, and the same re [...]ained in his Hand uns [...]ld for Want of Buyers. Which Return shall not make the Officer liable to answer the Debt or Damages contained in such Writ, but a Writ, And how the Debtor shall be satisfied, and hold the said Lands, &c. called Liberari facias, shall forthwith be awarded and directed to the proper Officer, commanding him to de­liver to the Party such Part or Parts of those Lands, Tene­ments and Hereditaments as shall satisfy his Debt, Damages and Interest, from the time of the Judgment given, with Costs of Suit, according to the Valuation of twelve Men; to hold to him as his free Tenement, in Satisfaction of his Debt, Damages and Costs, or so much thereof as those Lands, by the Valuation thereof as aforesaid, shall amount unto: And if it fall short, the Party may afterwards have Execution for the Residue against the Defendant's Body, Lands or Goods, as the Laws of this Province shall direct and appoint from time to time, concerning other Executions. All which said Lands, Tenements, Hereditaments and Pre­mises so as aforesaid to be sold or delivered by the Sheriff or Officer aforesaid, with all their Appurtenances, shall and may be quietly and peaceably held and enjoyed by the Person or Persons, or Bodies politick, to whom the same shall be sold or delivered, and by his and their Heirs, Suc­cessors or Assigns, as fully and amply, and for such Estate and Estates, and under such Rents and Services as he or they for whose Debt or Duty the same shall be so sold or delivered, might, could or ought to do at or before the taking thereof in Execution.

PROVIDED ALWAYS, That the Messuage, Lands or Tenements upon which the Defendant is chiefly seated, The chief Messuage, &c. not to be [...]old within a Year after Judgment, &c. shall not be exposed to Sale before the Expiration of one whole Year after Judgment is given, to the Intent that the Defendant, or any other for him, may redeem the same.

AND forasmuch as divers Persons have mortgaged their Lands and Tenements in this Province for securing the Payment of Monies, and some of them have died before [Page 93] the time of Payment, and left others to succeed them, that have proved Insolvent; and others have neglected to pay the Mortgage-Money, and so Mortgages are become no effectual Security, considering how low the annual Profits of Tenements and improved Lands are here, and the Dis­couragements which the Mortgagees meet with, by Reason of the [...]quity of Redemption remaining in the Mortgagers: BE IT THEREFORE ENACTED by the Auth [...]rity aforesaid, The Mortga­ger, upon Non-Pay­ment of the Mortgage-Money, may, after one Y [...]ar, sue forth a Writ of S [...]ire facias, & [...]. That where Default or Defaults have been or shall be made or suffered by any Mortgager or Mortgagers of any Lands, Tenements, or other Heredita­ments, within this Province, or by his, her or their Heirs, Executors, Administrators and Assigns, of or in Payment of the Mortgage-Money, or Performance of the Condition or Conditions which they or any of them should have paid or performed, or ought to pay or perform, in such Manner and Form, and according to the Purport, Tenor and Effect of the respective Provi [...]oes, Conditions or Covenants com­prised in their Deeds of Mortgage or Defeazance, and at the Days, Times and Places in the same Deeds respectively mentioned and contained; that in every such Case it shall and may be lawful to and for the Mortgagee or Mortgagee [...], and him, her or them that grant the Deeds of Defeazance, and his, her and their Heirs, Executors, Administrators and Assigns, at any time after the Expiration of twelve Months next ensuing the last Day whereon the said Mortgage-Money ought to be paid, or other Conditions performed as aforesaid, to sue forth a Writ or Writs of Scire facias, which the Clerk of the Court of Common-Pleas for the County or City where the said Mortgage-Lands or Hereditaments lie and be, is hereby impowered and required to make out and dispatch, directed to the proper Officer, requiring him, by honest and lawful Men of the Neighbourhood to make known to the Mortgager or Mortgagers, his, her or their Heirs, Executors or Administrators, that he or they be and appear before the Magistrates, Judges or Justices of the said Court or Courts, to shew if any thing he or they have to say wherefore the said mortgaged Premises ought not to be seized and taken in Execution for Payment of the said Mortgage-Money, with Interest, or to satisfy the Damages which the Plaintiff in such Scire facias shall, upon the Re­cord, suggest, for the Breach or Non-Performance of the said Conditions. And if the Defendant, in such Scire facias, appears, he or they may plead Satisfaction or Payment of Part or all the Mortgage-Money, or any other lawful Plea, in Avoidance of the Deed or Debt, as the Case may require: [Page 94] But if the Defendants, in such Scire facias, will not appear on the Day whereon the same Writ shall be made returna­ble, then, if the Case be such as Damages only are to be recovered, an Inquest shall be forthwith charged to enquire thereof, and the definitive Judgment therein, as well as all other Judgments, to be given upon such Scire facias, shall be entered, that the Plaintiff in the Scire facias shall have Execution by Levari facias, directed to the proper Officer; by Virtue whereof the said mortgaged Premises shall be ta­ken in Execution, And take out Execution and expose to Sale the mort­gaged Premi­ses as above directed. and exposed to Sale in Manner aforesaid; and upon Sale, conveyed to the Buyer or Buyers thereof, and the Money or Price of the same rendered to the Mort­gagee or Creditor; but for want of Buyers, to be delivered to the Mortgagee or Creditor in Manner and Form as is herein before directed concerning other Lands and Heredi­taments, to be sold and delivered upon Executions for other Debts or Damages; and when the said Lands and Heredi­taments shall be so sold or delivered as aforesaid, 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 del [...]ered, clearly discharged and free'd from all Equity and Benefit of Redemption, and all other Incumbrances made and suffered by the Mortgagers, their Heirs or Assigns; and such Sales shall be available in Law, And such Sales shall be available in Law, &c. and the respective Vendees, Mortgagees or Creditors, their Heirs and Assigns, shall hold and enjoy the same, free'd and discharged as aforesaid; but before such Sales shall be made, Notice shall be given, in Writing, in Manner and Form as is he [...]ein above directed concerning the Sales of Lands upon Executions; any Law or Usage to the Contrary notwithstanding.

PROVIDED ALSO, AND BE IT FUR­THER ENACTED by the Authority aforesaid, That when any of the said Lands, Overplus to be returned to the Debtor where Lands, &c. are sold for more than will satisfy the Debts, &c. Tenements or Heredita­ments which, by the Direction and Authority of this Act, are to be sold for Payment of Debts and Damages in Man­ner aforesaid, shall be sold for more than will satisfy the same Debts or Damages, and reasonable Costs, then the Sheriff, or other Officer who shall make the Sale, must render the Overplus to the Debtor or Defendants; and then, and not before, the said Officer shall be discharged thereof upon Record, in the same Court where he shall make Return of his Proceedings concerning the said Sales.

[Page 95]PROVIDED ALSO, Such Sale not to create any further Estate th [...]n, &c. That no Sale or Delivery which shall be made by Virtue of this Act shall be extended to create any further Term or Estate to the Vendees, Mortgagees or Creditors than the Lands or Hereditaments so sold or delivered shall appear to be mortgaged for by the said respective Mortgagees or defeazible Deeds.

PROVIDED ALSO, The Lands, &c not to be restored upon the Reve [...]sion of such Judg­ments▪ &c. but the Price of such Lands, &c. shall be repaid. That if any of the said Judgments which do or shall warrant the Awarding of the said Writs 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 Executions, nor any Part thereof, shall be restored, nor the Sheriff's Sale or Delivery thereof avoided, but Restitution in such Cases only of the Money or Price for which such Lands were or shall be sold.

CHAP. CXLV. An ACT about Arrests, and making Debtors pay by Servitude.

Repealed, by an Act pass'd 3 Geo. II. entituled, An Act for Relief of insolvent Debtors.

CHAP. CXLVI. An ACT for the Relief of the Poor.

FOR the better Relief of the Poor of this Province, BE IT ENACTED, &c. The Justices of the Peace of the respec­tive Counties to appoint O­verseer [...] of the Poor; how and when. That the Justices of the Peace of the respective Counties of this Pro­vince, or any three, or more of them, shall, upon the Five-and-Twentieth Day of March, yearly, (unless that shall happen on the First-Day of the Week) and then on the Day following, meet at some convenient Place within their County, and there nominate and appoint one, two, or more (as the Case may require) of substantial Inhabitants of the respective Townships, and where Townships are small and Inhabitants few, two or more (as the Justices think fit) may be joined together within their County, to be Overseers of the Poor of the said Townships for the Year ensuing.

[Page 96]AND BE IT FURTHER ENACTED by the Authority aforesaid, Said Overseers to lay a R [...]te of 1 d. per Pound. That it shall and may be law­ful for the Overseer or Overseers of the Poor so nominated and appointed, to make or lay a Rate or Assessment, after the Rate of One Penny per Pound, clear Value, of the real and personal Estates of all and every the Freeholders and Inhabitants within their respective Townships, to be im­ployed for the Relief of poor, indigent and impotent Per­sons inhabiting within the said Township, in such Manner as by this Act is directed and appointed; and Four Shillings per Head on all Freemen not otherwise rated.

AND BE IT FURTHER ENACTED by the Authority aforesaid, To be allow­ed by three or more of s [...]id Justices. That the said Overseers, before they proceed to the Collecting of the said Rate, shall pro­cure the same to be allowed by three or more Justices of the Peace of the County wherein the said Tax is made. And if any Person or Persons, How the said Overseers are to proceed [...] collecting the s [...]me. so rated or assessed, shall re­fuse to pay the Sum or Sums on them charged, that it shall and may be lawful to and for the said Overseer or Over­seers (having first obtained a Warrant, under the Hands and Seals of two Justices of the Peace of the County where the said Assessment is made, who are hereby impowered to grant such Warrant) to levy the same on the Goods and Chattels of the Person or Persons so refusing; and in Case such Person shall not, within three Days next after such Distress made, pay the Sum or Sums on him ass [...]ssed, to­gether with the Charge of such Distress, that the said Over­seer or Overseers may proceed to the Sale of the Goods distrained, rendring to the Owner the Overplus (if any) that shall remain on such Sale, reasonable Charges first de­ducted: And in Case such Person or Persons have no Goods or Chattels whereby they may be distrained, that then it shall be lawful for the said Justices to commit the Offenders to Prison, there to remain without Bail or Mainprize until they have paid the same.

In Case of Aggrievances to appeal to the said Ju­stices.PROVIDED ALWAYS, That if any Person or Persons find themselves aggrieved with such Rate or Assessment, that then it shall be lawful for the Justices of the Peace, at their next General Quarter-Sessions, upon Pe­tition of the Party, to take such Order therein as to them shall be thought convenient, and the same to conclude and bind all Parties; and the Overseer or Overseers shall forbear such Distress till the same be determined in the Quarter-Sessions.

[Page 97]AND BE IT FURTHER ENACTED by the Authority aforesaid, The Over­seers to be guided by the County Asses­ment. That the said Overseers shall lay the said Rate according to the best of their Skill and Judgment, wherein they shall be guided by the County Assessment on other Occasions, having due Regard to every Man's Estate, without Favour or Aff [...]ction to any.

AND BE IT FURTHER ENACTED by the Authority aforesaid, F [...]thers, &c. are obliged to maintain poor, &c. That the Father and Grand-Father, Mother and Grand-Mother, or the Children of every poor, old, blind, lame and impotent Person, or other poor Person not able to work, being of sufficient Ability, shall, at their own Charges, relieve and maintain every such poor Person, as the Justices of the Peace, at their General Quarter-Sessions shall order and direct, on Pain of forfeiting Forty Shillings for every Month they shall fail therein.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Overseers to set to work poor Children and put them out App [...]n­tice. That it shall and may be law­ful for the said Overseers of the Poor, by the Approbation and Consent of two or more Justices of the Peace, to set on work the Children of all such whose Parents shall not be, by the said Justices, thought able to maintain them; and also to put such Children out Apprentices, for such Term as they, in their Discretion, shall see meet.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Person to receive Re­lief without Order, &c. That no Person or Persons shall be admitted or entred into the Poor's Books, or receive Relief from the Overseers of the Poor, before such Person or Persons have p [...]o [...]cured an Order from two Justices of the Peace for the same: And in Case the said Overseers shall enter into their Books, or relieve any such poor Person or Persons, without such Orders, they shall forseit all such Money or Goods paid or distributed, unless the Justices shall approve and allow them the same upon making up their Accounts.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Justices of the Peace of the said respective Counties shall, Overseers to settle their Accounts yearly and re­turn the Name [...] of two or more to succeed them. at least ten Days be­fore the Twenty-f [...]th Day of March, yearly, issue out their Warrants, directed to the Overseers of the Poor of the re­spective Townships, within their County, commanding their said Overseers to appear before them on the said Day, and produce their Accounts of what Money they received [Page 98] and disburs [...]d for the Use of the Poor, and also to return the Names of one, two or more (as the Place may require) of the sufficient Inhabitants of the respective Townships, to succeed them in that Office for the Year ensuing: Or serve ano­ther Year▪ o [...] forfeit, &c. And in Case the Overseers shall neglect to bring in such their Ac­counts, as also their Names of such suf [...]cient Persons to succeed them in that Office the Year ensuing, such Person or Persons so neglecting shall serve in that Office one Year longer, or otherwise forfeit any Sum not exceeding Fifty Pounds, And if any Person so cho­sen refuse to ser [...]e sh ll forfeit 5 l. and how to be re­covered. as the said Justices shall think fit and direct. And in Case the Person or Persons approved on and appointed by the said Justices to be Overseers of the Poor o [...] any Township within the respective Counties, shall refuse to take upon him or them the said Office, and to do his or their Duty therein, he or they shall forseit the Sum of Five Pounds each; which said Forfeitures shall go and be to the Use of the Poor of the Town or Place where such Neglect or Refusal shall be made, and shall be levied by the Con­stable, by Warrant from any two Justices of the Peace of the said County, under their Hands and Seals, on the Goods and Chattels of such Person or Persons so neglecting or re­fusing, and by the Constable sold within three Days next after such Distress made: And if there happen any Over­plus upon Sale thereof, the same shall be paid to the Person or Persons to whom the same shall belong, reasonable Char­ges first deducted. And if such Person or Persons so neglect­ing or refusing as aforesaid, shall not have Goods or Chattels whereby he or they may be distrained as aforesaid, that then the said Justices may commit the Offender or Offenders to Prison, there to remain without Bail or Mainprize till the said Forfeitures shall be by them fully satisfied and paid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Mayor and Alder­men of the City of Phila­delphia have the same Pow­er within, &c. as the said Justices. That the Mayor and Aldermen of the City of Philadelphia shall have the same Power and Authority, by Virtue of this Act, within the Limits and Precincts of their Jurisdictions, as well out of their Sessions as at their Sessions, as is herein limited, prescribed and appointed to the Justices of the Peace of the County.

CHAP. CXLVII. An ACT for confirming the Sales of Lands by Attornies or Agents, and for ascertaining the Proof of Instruments or Writings made out of this Province.

WHEREAS divers Persons living out of this Province, are and have been Owners of Lands within the same, and such Persons have usually appointed Attornies to sell and dispose thereof: To the End therefore that those who have so purchased, and their Heirs and Assigns, forever hereafter be secured in their Titles and Estates, BE IT ENACTED, &c. That all Sales of Lands, Sale of Lands, &c. by At­tornies, shall be effectual in Law. Tenements and Hereditaments formerly made by any Attornies or Agents who have been appointed by any Person or Persons, who had Right so to do, and especially giving them Power or Directions therein to sell or convey Land, are and shall be deemed and ad­judged good and effectual in Law to all Intents, Construc­tions and Purposes whatsoever, as fully as if the said Owners of such Lands had, by their own Deeds, Bargains and Sales, actually and really sold and conveyed the same; and all and singular the Lands, Tenements and Hereditaments sold and conveyed as aforesaid shall be and remain to such Pur­chasers respectively, their Heirs and Assigns forever, as they wer [...] or ought to have been to the Owner or Owners of such Land and Premises so imploying his or their Attornies or Agents as aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That all and every Bonds, Bonds, &c. proved by two Witnesses before any Mayor, &c. and certified under com­mon or publick Seal, &c. sufficient in Law. Specialties, Letters of Attorney, and other Powers in Wri­ting, which shall be produced in any Court, or before any Magistrate in this Province, the Execution whereof being p [...]oved by two or more of the Witnesses thereunto, before any Mayor or chief Magistrate or Officer of the Cities, Towns or Places where such Bonds, Letters of Attorney, or other Writings, are or shall be made or executed, and accordingly certified under the common or publick Seal of the Cities, Towns or Places where the said Bonds, Letters of Attorney, or other Writings, are so proved respectively, shall be taken and adjudged as sufficient in Law as if the Witnesses therein named had been present, and such Certi­fication shall be sufficient Evidence to the Court and Jury for the Proof thereof.

[Page 100]AND BE IT FURTHER ENACTED by the Authority aforesaid, Sales of Lands▪ &c. hereafter by Power of At­torney, pro­ved in this Province, shall be good. That all Sales or Conveyances of Lands, Tenements or Hereditaments which shall here­after be made by Virtue of any Letters or Powers of At­torney or Agency duly executed, which do or shall expresly give Power to sell Lands or other Estates, and be certified to have been proved as aforesaid, or shall be proved in this Province before any Justice of the Peace, by one or more of the Witnesses thereto, shall be good and effectual in Law to all Intents, Constructions and Purposes whatsoever as if the said Constituent or Constituents had by their own Deeds, Bargains and Sales actually and really sold and con­veyed the same.

If such Sale be made while such Power be in Force.PROVIDED ALWAYS, That no Sale of Lands, Tenements and Hereditaments made by Virtue of such Power or Powers of Attorney or Agency as aforesaid, shall be good and effectual, unless such Sale be made and executed while such Power is in force; and all such Powers shall be accounted, deemed and taken to be in force until the Attorney or Agent shall have due Notice of a Counter­mand, Revocation or Death of the Constituent.

CHAP. CXLVIII. An additional ACT for the better preserving the High-Ways. See Chap. 55, and Chap. 57.

FOR the better Amending, Repairing and Preserving of the Highways, now generally spoiled by the extraordinary and unreasonable Lading of Waggons and other Carriages, and drawing the same with Horses at length, BE IT ENACTED, &c. That from and after the first Day of May, No Waggon, Cart, &c. to be drawn by more than three Horses at length. in the Year of our Lord One Thousand Seven Hundred and Six, no travelling Waggon, Wain, Cart, or other Sort of Carriage whatsoever, going from, or coming to the City of Philadelphia, between the Rivers of Delaware and S [...]huylkil, in the County of Philadel­phia, wherein any Burdens, Goods or Wares are or shall be carried, shall at any one time travel, or be drawn, or go in any common or publick Highway or Road with above three Horse Beasts at length. And if any Person or Persons shall cause any such Waggon, Wain, Cart or Carriage to be drawn with a greater Number of Horses or Oxen, then [Page 101] and in such Case the Horses or Oxen shall all draw in Pairs, That is to say, Two a-breast, for such a Number as they shall use, except one Horse; any Law, Statute or Usage to the Contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, On Penalty of Forty Shil­lings. That every Owner of any Waggon, Cart, Carriage, Horse Beasts or Oxen offending contrary to this Act, being legally convicted before any one Justice of the Peace, by Proof of one credible Witness, or upon View of the Justice himself, shall forfeit for every such Offence the Sum of Forty Shillings, one half Part thereof to the Surveyor of the Highways where the Offence shall be committed, to be imployed in Repair of the said Highway, and the other Moiety to him that shall discover the same: Which Fine shall be levied by the Constable of such Place or Division, or by any other Officer, by Warrant under the Hand and Seal of such Justice of the Peace, upon the Goods and Chattels of the Person so offending, rendring the Overplus to the Owner thereof, all necessary Charges in Levying the same being first deducted.

CHAP. CXLIX. A Supplementary ACT to that about raising County Levies.

Supplied, by the 11 Geo. I.

CHAP. CL. An ACT to prevent the Running of Swine at large.

WHEREAS the Freeholders and Owners of Lands and Plantations, within this Province, have received great Damages and Spoil in their Corn-Fields, Meadows and Out-Lands, by Swine running at large without Rings and Yokes: For the Prevention whereof for the future, BE IT ENACTED, &c. That from and after the first Day of the twelfth Month, cal­led February, next ensuing the Publication hereof, No Swine to run at large withoutRings and Yokes, within four­teen Miles of Delaware, on Forfeiture of such Swine. no Swine shall be suffered to run at large without Rings and Yokes, under the Penalty of forfeiting Half the Value thereof, to the Use hereafter expressed: Therefore if any Person or Persons who shall find on his, her or their Lands, within [Page 102] fourteen Miles of the navigable Parts of the River Dela­ware, any Swine, Hog or Hogs, Shoat or Shoats, or Pigs, without Rings in their Noses, sufficient to prevent their turning up the Ground, and triangular or three corner'd Yokes or Bows about their Necks, and to extend at least six Inches from the angular Point or Corner, sufficient to keep them from Breaking through Fence, it shall and may be lawful for him, her or them, all such Swine, Hogs, Shoats or Pigs, to kill and take, or drive and take away, or cause them to be killed, taken, driven or carried away; and being so taken and carried away, How to act herein. the said Takers shall forthwith acquaint a Justice of the Peace thereof, and being by him legally attested, that the said Swine were taken as aforesaid without Yokes or Bows and Rings, the said Justice shall immediately appoint and order two indifferent Persons of the Neighbourhood to view and make a just and reason­able Appraisement of all such Swine, Hogs, Shoats or Pigs, and to make Return of their Value, Number and Marks unto the said Justice of the Peace, as soon as conveniently it may be done after such Appraisement, one Moiety or Half the Value whereof shall be forfeit to the Person or Persons Owners or Possessors of such Lands where found and taken; and he or they that shall take up such Swine as aforesaid shall pay unto the said Justice of the Peace, for the Use of the Owner or Owners of such Swine, the one Moiety or half Part thereof; and thereupon the Property of all such Swine shall be and remain in the said Owner or Possessor of Land as aforesaid, to his and their own proper Use forever.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Justices of Peace shall make Publi­cation of Swine taken up, &c. That such Justice of Peace shall make Publication thereof by a Paper affixed on his House, and on some Tree near the High-Road Side, decla­ring the Number, Marks and Appraisement of all such Swine, and by whom taken up, to the End that the Owners may have Notice thereof, unto whom the said Justice of the Peace shall pay the other Moiety or Half the Value of such Swine taken and appraised, he first Deducting out of the same Two Shillings for the Appraisers, and Two Shillings for the Justice's Clerk, for their Trouble therein. But if it so happen that the Moiety or half Part, as appraised, will not pay the said Four Shillings, then such Takers up shall pay what shall be wanting thereof.

[Page 103]PROVIDED NEVERTHELESS, And if no Owner appear in 12 Months, &c. That if no Person appear within twelve Months after Appraise­ment as aforesaid to claim the Moiety or half Part of such Swine, that then the said Justice shall pay what Money he hath received (the Charges as aforesaid first deducted) unto the Overseer or Overseers of the Poor of the Township where taken up, for the Use of the Poor of the said Town­ship, and the Owner of such Swine shall be thereupon de­barred from any Claim or Right to the same; any Law, Usage or Custom to the Contrary in anywise notwith­standing.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Swin [...] to go at large in Philadelphia, &c. on For­feiture. That it shall not be lawful for any Swine, Hogs, Shoats or Pigs to go at large in the Towns of Philadelphia, Chester or Bristol, whether yoked or ringed or not; but if any such shall be found Running at large after the first Day of the twelfth Month next ensuing, such Swine, Hogs, Shoats or Pigs shall be forfeited, one Half to him or them that shall take up the same, and the other Half to the Use of the Poor of the respective Towns, to be paid to the Overseer or Overseers accordingly, to the Use aforesaid: The said Town of Bristol being all the Space contained within half a Mile square from the Mill-Creek up the River Delaware.

CHAP. CLI. An ACT for Collecting the Arrears of Two Thousand Pounds granted to the Proprietary.

Expired.

CHAP. CLII. An ACT directing the Qualifications of Magi­strates and Officers, as also the Manner of giving Evidence.

Repealed.

See the Act pass'd the 3 Geo. II. enti­tuled, An Act for the Relief of insolvent Debtors, &c.CHAP. CLIII. An ACT for Regulating Elections of Sheriffs and Coroners.

BE IT ENACTED, &c. That the Freemen and Inhabitants of the City and County of Philadel­phia, Freeholders to elect She­riffs and Coro­ners for the re­spective Coun­ties; how and when. as also of the other Counties of this Province, at the Time and Place of Meeting for Electing their Re­presentatives to serve in Assembly, shall, or may, yearly, choose a double Number of Persons to present to the Go­vernor for Sheriffs and Coroners, in Manner following, That is to say, The Coroner of every County of this Pro­vince, or, in his Absence, the Persons appointed by the Electors of the said Representatives as Judges of their said Elections, without any other Warrant or Precept, as soon as the Elections of the Members of the Assembly is ended, shall, by the Consent of the said Freemen and Electors, or the greatest Part of them, cause a double Number of Persons to be chosen for Sheriff, by Majority of Votes; who shall be returned by Indentures between the Coroners or some other of the said Persons so officiating as Judges of the said other Elections, and six, or more of the Electors: Which Persons so elected for Sheriffs shall present themselves to the Governor, And a double Number be­ing chosen shall present themselves to the Governor, who shall nominate one on or before the third Day, or the first na­med shall stand. within two Days next after such Elections; and if the Governor will not, on or before the third Day after such Presentment, commissionate one of them so cho­sen and presented to him, the first Person named in the Return shall, by Virtue of this Act, stand and serve in the Office of Sheriff for one Year next after such Election, if he so long behave himself well, without any further or other Commission.

In Case of Refusal, Mis­behaviour, &c. the Go­vernor shall commissio­nate, &c.BUT in Case the Persons elected for Sheriffs shall re­fuse to accept of the Office, or if, after any Sheriff doth accept, he shall be convicted for Misbehaviour in his Office, or shall depart this Life before the End of the Term for which he is or shall be chosen, then another sufficient Person shall be commissionated by the Governor from time to time to supply the Place of such as shall so refuse, misbehave himself, or be deceased as aforesaid, who shall act and con­tinue in the Office of Sheriff to the End of the said Term of one Year, from the time he was commissionated, or until another be as aforesaid chosen in his stead.

[Page 105]AND that the Sheriff of every County of this Province, A double Number shall be chose for Coroners, &c. and present themselves, &c. or such other Person as shall be concerned to officiate as Judges of the said Election of Representatives, as soon as the Elections of the said Representatives and Sheriffs are ended, shall, in Manner aforesaid, cause a double Num­ber of Persons to be chosen for Coroners, who shall be re­turned and presented to the Governor within two Days after such Elections; and if the Governor will not commis­sionate one of them so presented, the first named in the Return shall, by Virtue of this Act, stand and serve in the Office of Coroner, for one Year next after such Election, if he so long behave himself well, without any further or other Commission: But in Case the Persons so elected for Coroner r [...]fuse to accept of the Office, or if the Coroner accepting shall be convicted of official Misbehaviour, or be deceased before the End of the Term for which he is or shall be chosen, then another sufficient Person shall be com­missionated by the Governor from time to time, to supply those Defects in Manner aforesaid.

BUT if the Freemen or Electors aforesaid shall at any time neglect or decline to ch [...]se Persons for either or both the said Offices, If the Free­holders ne­glect to chuse, the old She­or Coroner shall stand. then the Persons that are or shall be in the respec­tive Offices of Sheriff and Coroner at the time of the said E­lections shall remain therein until they shall be respectively removed by another Election, to be made in Manner aforesaid.

PROVIDED ALWAYS, The [...]heriff shall give Se­curity, [...]. That before any Sheriff shall receive his Commission, or exercise any Part of his said Office, he shall, by himself or his Deputy put in sufficient Sureties into the Office of the Master of the Rolls of this Province, and there shall enter into Bond or Obliga­tion, t [...] wit, The Sheriff of the City and County of Phila­delphia, in the Sum of Six Hundred Pounds, current Money of Pennsylvania; the Sheriff of the County of Bucks, in the Sum of Two Hundred Pounds, Money aforesaid; and the Sheriff of the County of Ch [...]ster, in the Sum of Two Hundred Pounds, of like Money, upon Condition, That he will well and faithfully perform his Duty and Trust in the said Office of Sheriff, according to the Tenor of the Affirmation, which he shall make for the due Execution of his Office. AND that all the Bonds so to be given for Security as aforesaid shall be taken in the Queen's Name, How the said Bonds shall be taken, &c. and sued. and entred upon Record in the Master of the Rolls-Office aforesaid; but are hereby declared to be only in Trust to and for the Use of the Per­son or Persons c [...]ncerned; and that when any of the said [Page 106] Bonds shall be put in Suit, and Judgment thereon obtained, the Judgment shall remain in the same Nature the Bond [...] were; and that no Execution shall issue out thereupon be­fore the Person or Persons grieved shall, by Scire facias, or other Process, summon the Person or Persons against whom the Judgment aforesaid is obtained, to appear and shew Cause why Execution should not issue upon the said Judg­ment. And if the Plaintiff in the Scire facias shall prove what Damage he hath sustained, and thereupon a Verdict be sound for him, the Justices, in such Cases, shall award Execution for so much as the Jury shall then find, and no more; and the former Judgment is hereby declared still to remain cautionary, for the Satisfaction of such other Person or Persons as shall legally prove themselves damnified, and recover their Damages as aforesaid by due Course of Law.

Every Sheriff and Coroner shall make and subscribe the Declara­tions and Pro­fessions, &c. before theGo­vernor, or in openQuarter-Sessions, &c.AND moreover, no Sheriff or Coroner whatsoever shall enter upon or exercise any Part of their said respective Offices until they shall respectively make and subscribe the Declarations and Profession of their Christian Belief in the Act, entituled, An Act to ascertain the Number of Members of Assembly, and to regulate the Elections, mentioned and required to be taken by Members of Assembly, and the solemn Affirmations and Declarations for the due Execution of their respective Offices, in Manner and Form as Sheriffs and Coroners by a Law of this Province, entituled, An Act directing the Attests of Officers, &c. are respectively required to take. All which Declarations, Tests and Affirmations shall be made, subscribed and taken before the Governor in chief, or Deputy for the time being, or in open Quarter-Sessions, or before any two Justices of the Peace out of Sessions in the respective Counties, where there may be Occasion to take the same. And the same Declarations, Tests and Affirmations so made and taken out of Sessions shall be, by the Justices, delivered into Court; and the Clerk of such Sessions is hereby required to record the same, as also those taken in Court, in Rolls or Books prepared for that Purpose.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Sheriff of the County of Philadelphia shall be She­riff of the said City, and Wa­ter Bailiff throughout the Province. That the Sheriff and Coroner of the County of Philadelphia, shall be Sheriff and Coroner of the said City; and the Sheriff of the City and County of Philadelphia for the time being, shall be Water-Bailiff, and may execute and perform all Things belonging to the Office of Water-Bailiff upon Delaware River, and all other [Page 107] navigable Rivers and Creeks within this Province; and shall reside within the City of Philadelphia aforesaid.

PROVIDED ALSO, AND IT IS HEREBY DECLARED, That no Elections shall be made for any Sheriff or Coroner before the time limited for those who are at present in those Offices respectively shall be expired.

CHAP. CLIV. An ACT for the better Proportioning the Rates of Money in Payments made upon Contracts, according to the former Regulation.

Repealed.

CHAP. CLV. An ACT for selling the old Court-House and Building a new Court-House and Prison in the County of Bucks.

Obsolete.

CHAP. CLVI. An ACT for Raising a Supply of Two Pence Half-Penny per Pound, and Ten Shillings per Head: Also for Granting an Impost and Laying an Excise on sundry Liquors, and Negroes im­ported into this Province, for Support of Go­vernment and Defraying the necessary publick Charges in the Administration thereof.

Expired.

CHAP. CLVII. An ACT for Ascertaining the Rates of Money for Payment of Debts, and preventing Exactions on Contr [...]cts and Bargains made before the first Day of May, in this present Year One Thousand Seven Hundred and Nine.

Repealed.

CHAP. CLVIII. An ACT for the better enabling divers Inhabi­tants of the Province of Pennsylvania to hold and enjoy Lands, Confirmed by the Queen in Council, Feb­ruary 20. Anno 1713. Tenements and Plantations in the said Province.

WHEREAS by the Royal Charter to the Pro­prietary, for this Province, Licence is granted to all such as are not specially forbidden to transport themselves and Families unto the said Province, in such Shipping as, by the Laws of England, they ought to use, and fitting Provision, paying only the Customs therefore due; and here to settle themselves, dwell and inhabit, and plant for the Publick and their own private Advantage. And by the same Charter, the said Proprietary has full and ab­solute Power to alien, grant or enseoff such Parts and Parcels of this Country as [...]e should think fit, to him or them that should be willing to purchase the same, To hold in Fee-simple, or oth [...]rwise, with Licence, Authority and Power to take the Premises so purchased of the said Pro­prietary, hold the same to themselves, their Heirs and Assigns, in what Estate of Inheritance soever, as to him the said Proprietary should [...]eem expedient, as by the said Royal Charter more fully appears.

AND WHEREAS divers of the Protestant or reformed Religion, who were Inhabitants of High and Low Germany, above Five-and-Twenty Years ago (out of a De­sire to c [...]me under the Power and Protection of the Crown of England, and partake of the Advantages proposed for the Encouragement of the Adventurers to settle in this new Colony) imbraced the Invitations they had from the said Proprietary, to transport themselves and Estates here; and [...] they came, did contribute the utmost of their Power to e [...]la [...]ge this [...] of the English Empire, and always be­have [...] t [...]mselves as dutiful and peaceable Subjects, and several of them have m [...]de a [...]d subscribed the Declarations and T [...]t by Law app [...]int [...]d, instead of the Oaths of Su­premacy: The Rest are ready and willing to do it when they are required or admitted so to do.

[Page 110]NOW, forasmuch as the Value of Lands in this Pro­vince being generally but the Effect of the People's Labour, their Plantations are deemed, by our Laws, but as Chattels to pay Debts, and Strangers have been rendred capable to hold what they purchased as fully and freely as if they had been natural-born Subjects of this Province; but since the Repeal of the late Laws, made after the Example of other Governments, for Encouragement of the Peopling and Set­tling of this Colony, some Doubts and Questions have arisen, whether the said Germans are capable to hold what they purchased as afore: For Removing of which Doubts, BE IT ENACTED by CHARLES GOOKIN, Esq by the Queen's Royal Approbation Lieutenant Governor under WILLIAM PENN, Esq Proprietor 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, The Name [...] of the Pe [...]sons naturalized by this Act. That Francis Daniel Pastorius, Iohn Iawart, Cas [...]er Hoodt, Dennis Kunders, and his three Sons, Cunra [...] Cunrads, Matthis Cunrads and Iohn Cunrads, Dirk Keyser, and his Son Peter Keyser, Iohn Lucken, William Strepers, Abraham Tunes, Lenart Arrets, Reiner Tysen, Iohn Lenson, Isaac Dilbeck, and his Son Iacobus Dilbeck, Iohn Doed [...], Cornelius Siorts, Henry Sellen, Walter Simons, Dirk Iansen, jun. Richard Vander Werf, and his son Iohn Ro [...]loffs Vander Werf, Iohn Str [...]p [...]rs, sen. Peter Shoemaker, Iacob Shoemaker, George Shoemaker, Isaac Shoemaker, Matthis van Bebber, Cornelius [...]ander G [...]ge, Peter Clever, George Gottshick, Paul Engell, and his Son Iacob Engell, Hans Neus, Reinier vander Sl [...]ys, and his Son Adrian vander Sluys, Iacob Gaetshal [...]k, Vander Heggen, and his Son Gaetshal [...]k Vander Heggen, Casper Klein­hoof, Henry Buchultz, H [...]rmon Tuynen, Paul Klinupg [...]s, and his Son Iohn Klinupges, Iohn News, and his Sons Matthis News and Cornelius News, Claus Ruttinghuysen, Casper Stalls, Henry Tubben, William Hendricks, and his Sons Hendrick Hendricks and Lawrence Hendricks, Henry Kess [...]bery, Iohannes Rebenstork, Peter Verbynen, Iohn Henry Kirsten, Iohn Radwitzer, Iohn Conrads, sen. Iohn Gorgages, Senwes B [...]tells, and his Son Henry Bartells, Iohn Krey, and his Son William Krey, Cunrad Iansen, Claus Iansen, and his Son Iohn Iansen, William Ian­sen, Evert In H [...]ff, and his Sons Gerhard In Hoff, Herman In Hoff, and Peter In Hoff, Peter Iansen, Iohn Smith, Thomas Eckleswick, Iohannes Scholl, Peter Scholl, Gabriel Schuler, William Putts and Matthis Tysen, all of the County of Phi­ladelphia; and Iohannes Bleikers, of the Country of Bucks, in the said Province of Philadelphia; and every of them, [Page 111] who shall, within six Months after the first Day of September, Oone Thousand Seven Hundred and Nine, at some Court of Quarter-Sessions of the Peace for the County of Philadelphia, between the Hours of Nine and Twelve in the Forenoon, make and subscribe the Declarations and Profession of Faith, allowed to those that cannot swear, instead of Oaths of Supremacy and Allegiance▪ or shall otherwise qualify themselves as the Court shall require and the Law directs in such Cases (the Taking of which Qualifications, and the Making and Subscribing of the said Declarations and Pro­fessions, shall be entred on Record in the same Court; for the Doing whereof One Shilling shall be paid to the Clerk, and no more) all and every such Persons shall be enabled, and are, and every of them, are hereby enabled and adjudged able and capable to all Intents, Constructions and Purposes whatsoever, as well to demand, ask, have, hold and enjoy and Lands, Tenements, Plantations, Rents and Heredita­ments, in this Province, to which they or any of them may or might in anywise be entituled, as if they were free and natural born Subjects and People of this Province: As also, that they and every of them shall and may be enabled to maintain, prosecute, avow, justify and desend all and all Manner of Actions, Suits, Pleas, Plaints, and other Demands whatsoever, in the said Province, as freely and fully, law­fully and [...]ecu [...]ely as if they and every of them had been natural-born Subjects and People of the same, or any other Person or Persons born within this Province may lawfully do; any Law or Usage to the Contrary notwithstanding.

CHAP. CLIX. An ACT for Establishing Courts of Iudicature in this Province.

Repealed.

CHAP. CLX. An ACT for Regulating and Establishing Fees.

Repealed.

CHAP. CLXI. An ACT for the Acknowledging and Recording of Deeds.

Repealed.

CHAP. CLXII. An ACT directing an Affirmation to such who for Conscience-sake cannot take an Oath.

Repealed.

An ACT that no Publick-House or Inn within this Province be kept without Licence. This Act was confirmed by the Queen in Coun­cil 28 Februa­ry 1 [...]13. [See postea Chap. 234.]

FOR preventing of Disorders and Mischiefs that may happen by Multiplicity of Publick-Houses of Entertainment, BE IT ENACTED by CHARLES GOOKIN, Esq by the Queen's Royal Approbation Lieutenant Governor under WILLIAM PENN, Esq true and absolute 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 no Person or Persons whatsoever, within this Province, shall hereafter have or keep any publick Inn, Tavern, No Person to keep a pub­lick House, &c. without Recommen­dation to the Governor for Licence, on Penalty of 5 l. nor suffer Disorder, &c. under Penalty of 40 [...]. Ale-House, Tipling-House or Dram-Shop, Victualing-House or Publick-House of Entertainment, in any County of this Province, or in the City of Philadelphia, unless such Person or Persons shall first be recommended by the Justices in the respective County Courts, and the said City in their Quarter-Sessions or Court of Record for the said Counties and City respectively, to the Lieutenant Governor for the time being for his Licence for so doing, under the Penalty of Five Pounds. And that no Person so licensed as aforesaid shall knowingly suffer any Disorder, as Drunkenness or un­lawful Games whatsoever, in such his, her or their Houses, [Page 114] under the Penalty of Forty Shillings, for the first Offence; and for the second Offence, to be suppressed by the said Justices of the respective Courts; and that no such Inn­keeper, Taverner, or other Person as aforesaid, shall presume to continue such publick House of Entertainment of his own Accord after such Suppression, or the Expiration of his Licence, without new Licence as aforesaid, under the Penalty of Five Pounds, one Half thereof to the Governor for the time being, towards the Support of this Govern­ment, and the other Half to the Use of the Poor of the respective Township or City where the Offence shall be committed.

This Act not to debar the Magistrates of the City of Philadelphia of Fines, &c.PROVIDED ALWAYS, That nothing herein contained shall extend to debar or hinder the Magistrates of the City of Philadelphia to claim, have and enjoy all such Fines, Penalties and Forfeitures as shall be due or forfeited in the Quarter-Sessions or Court of Record to be held for the said City, which are granted them by Charter.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Innkeepers to keep good Entertain­ment, &c. That all such Innkeepers as aforesaid shall keep good Entertainment for Man and Horse, under the Penalty of forfeiting Forty Shillings, for the Use aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Gover­nor to receive for Licences, &c. That the Governor shall have and receive for every Licence to be granted by him, pur­suant to this Act, to any Person to sell Wine, and other Liquors, in the City of Philadelphia, Three Pounds; and to sell all other Liquors in the said City (except Wine) the Sum of Forty Shillings. And for every Licence to any Per­son to sell Wine, and other Liquors, in the Towns of New-Bristol, Frankford, Germantown, Darby, Chester and Chichester, the Sum of Forty Shillings. And for every Licence to sell Wine, and other Liquors, in any other Part of this Province, the Sum of Thirty Shillings, and no more. And the Secre­tary shall have for Drawing such Licence, with the Seal, Six Shillings, and no more.

CHAP. CLXIV. An ACT of Privileges to a Freeman, &c.

Repealed.

CHAP. CLXV. An ACT against riotous Sports, Plays and Games.

Repealed.

CHAP. CLXVI. An ACT to prevent Disputes which may here­after arise about the Dates of Conveyances, and other Instruments and Writings.

WHEREAS the Generality of the Inhabitants of this Province do conscientiously scruple to call the Names of the Months as they are usually called; but the Month which others call March, they call the First Month, and the Month, commonly called April, the Second Month, and so of the rest of the Months of the Year; and the Dates of many Deeds, Conveyances, and other Writings, as well as the Times of Payment of Money, are accordingly mentioned and expressed. Now forasmuch as Disputes and Controversies may hereafter arise concerning the Premises, BE IT THEREFORE ENAC­TED, &c. That all Deeds, Conveyances, Mortgages, The Names of Months distinguished by first, se­cond & third, &c. to be good and ef­fectual in Law. Letters of Attorney, or Powers of Agency, Commissions, Bonds, Bills, Charter-Parties, Leases, Releases, Contracts, Articles, Receipts, and all other Instruments and Writings whatsoever, wherein the Names of the Months are called First, Second, Third, Fourth, instead of March, April, May, Iune, and so of the rest, always accounting the Month called March to be the first Month of the Year, shall and are hereby enacted and declared to be as good and available, and may be pleaded, and shall be deemed, adjudged and taken in all Courts of Judicature, and elsewhere within this Province, to be as valid and effectual in Law, to all Intents, Constructions and Purposes, as if the Months in such Wri­tings had been set down and expressed by their usual Names; any Law, Custom or Usage to the Contrary thereof in anywise notwithstanding.

CHAP. CLXVII. An ACT for Priority of Payment of Debts to the Inhabitants of this Province.

Repealed.

CHAP. CLXVIII. An ACT for the better Improving a good Correspondence with the Indians.

Expired, 28 February 1723.

CHAP. CLXIX. An ACT for Regulating of Party-Walls and Buildings in Philadelphia.

Repealed.

CHAP. CLXX. An ACT impowering Commissioners to compel the Collecting of all Arrearages of former Taxes.

Expired.

CHAP. CLXXI. An ACT for Raising a Supply of Two Pence per Pound, and Eight Shillings per Head.

Expired.

CHAP. CLXXII. An ACT for laying a Duty on Negroes, Wine, Rum, and other Spirits, Sider and Vessels.

Repealed and Expired.

CHAP. CLXXIII. An ACT for Raising Two Thousand Pounds for the Queen's Use, by a Tax of Five Pence Half-penny per Pound, and Twenty Shillings per Head.

Supplied by another Act pass'd the 27th of March, One Thousand Seven Hundred and Thirteen. Confirmed by the Queen.

CHAP. CLXXIV. An ACT confirming Patents and Grants.

Repealed.

CHAP. CLXXV. An ACT for the better ascertaining the publick Debts, and Collecting the Arrears of County Levies.

Repealed, by an Act pass'd the II Geo. I. postea Chap. 259.

CHAP. CLXXVI. An ACT for raising Money on the Inhabitants of the City of Philadelphia, This Act was confirmed by the Queen in Coun­cil 20 Februa­ry 1713. for the publick Use and Benefit thereof.

WHEREAS there is a great Occasion of a pub­lick Stock to pay the just Debts, and defray the necessary Charges of the said City, for building a Work-house of Correction, building and repairing Free-Wharffs and Bridges, Pitching, Paving and Regulating the Highways, Streets and Water-Courses, making and erecting new and convenient Stalls and Shambles to accommodate Butchers, and all others that bring Goods to sell in the said City: And forasmuch as the Incorporating the said City hath so far limited the Magistracy of the County of Phila­delphia that the Laws for Raising of the County-Levies cannot, without the Help of this Act, be so aptly and ef­fectually put in Execution within the said City as before, and the Rule and Government of the said City requiring a Charge which may not immediately concern the rest of the County; BE IT THEREFORE ENACTED, &c. The Freehol­ders of Phila­delphia to choose six Assessors, &c. That from henceforth the Inhabitants and Freeholders of the said City of Philadelphia, who are qualified by the Laws of this Province to elect or be elected Members of Assembly, at the Time and Place by Law appointed, or to be appointed for Electing their Representatives to serve in Assembly, or the Day following, unless it happen on the First-Day, and then on the Day next ensuing, shall or may choose six of the said Inhabitants and Freeholders to be the Assessors of the said City; and when so chosen the Sheriff of the said City shall take their Names in Writing, under the Hands and Seals of at least six or more of the said In­habitants and Freeholders, and return or certify the same to the Mayor, Recorder and Aldermen of the said City for the time being at their General-Sessions of the Peace next after such Election.

[Page 119]AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Mayor, The Mayor, &c. with the Assessors shall calculate the publick Debts, &c. and what Sums of Mo­ney are ne­cessary, &c. Recorder and Aldermen of the said City, at their General-Sessions of the Peace, to be held in the Month called April, yearly, or oftner, if occasion be, with the Assistance of the said Assessors for the time being, or any four of them, shall calculate the publick Debts and Charges of the City, allowing all just Dues and Demands wherewith the Persons and Estates within the said City are or may be chargeable from time to time; as also shall calculate what Sum or Sums of Money may be needful and necessary to be raised upon the Persons and Estates aforesaid from time to time, for the Building, Re­pairing, Regulating or Amending of any Houses, Bridges, Wharffs, Water-Courses, or other Uses, for the publick Service and Benefit of the said City; and shall also agree and settle, from time to time, as Occasion may require, what Sum or Sums of Money, or other Effects, shall be applied to the Service of every particular Matter or Thing which they, or the major Part of the said Magistrates, with any four of the said Assessors, shall agree on to be necessary to be raised for the Year ensuing: Which said respective Sums, with the particular Uses whereunto they shall be agreed on to be appropriated as aforesaid, shall be entred in a Book to be kept for that Purpose by the Clerk of the Peace of of the said City, who is hereby obliged to make such Entry from time to time, for which he shall be allowed what the Magistrates and Assessors shall think reasonable: And that the said Assessors shall, and then in six Weeks af­ter lay a Rate, &c. within six Weeks after every such Calculation, make or lay a Rate or Assessment upon themselves, and all other Persons and Estates aforesaid, to and for the aforesaid Uses, by Poll and Pound Rate, ac­cording to the Manner and Method now used in making Assessments in this Province for Raising of County Levies.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Consta­bles to bring in Returns, &c. and their Allowance for the same. That the Constables of the said City shall bring in Returns in Writing to the said Assessors, within five Days after Notice given them, of the Names and Estates of all Persons within their Wards; for which they shall be allowed Two Pence per Pound upon every Sum assessed in their said respective Wards: Which Assessment being equally and impartially laid and sign'd by at least four of the said Assessors, The Assessment to be allowed by the Mayor, &c. shall be allow'd and confirm'd by the said Mayor, Recorder, and any two of the Aldermen for the time being, under their Hands and Seals, and shall be paid by every Person and Estate so assessed, upon Demand [Page 120] thereof, by the Collectors; who shall, by the said Assessors, or in Case they neglect, then by the said Mayor, Recorder and Aldermen, be appointed to gather the same; and in Case of Refusal or Neglect, shall, by Warrant under the Hands and Seals of any three or more of the said City-Magistrates, be levied by Distress and Sale of the Goods of every Person so assessed, and not paying the same within fourteen Days after Demand; rendring the Overplus of the Value of the Goods so distrained to the Owner or Owners thereof, Deducting the Charge of such Distress: But for want of Distress the said Assessments to be levied by Im­prisonment of the Person so refusing or neglecting to pay as aforesaid.

Vide County-L [...]y Act.PROVIDED ALWAYS, That no such Assess­ment or Assessments to be made in any one Year shall exceed the Value of Two Pence in the Pound of the clear Value of the Lands, Tenements, Hereditaments and personal Estate so assessed; and Four Shillings per Head, in Propor­tion to One Penny per Pound Tax, on all single Men, Inha­bitants of the said City, not otherwise rated by this Act.

PROVIDED ALSO, That those who are not rateable or liable to be taxed for Relief of the Poor, within the said City, shall not be rated or assessed by this Act.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Assessors to appoint a Treasurer; and his Duty. That the said Assessors shall appoint a Treasurer in the said City; who shall keep a dis­tinct Book, containing a particular Account of all the Rates and Assessments made as aforesaid; as also all Disbursments and Payments, which he shall make by order of the Mayor, Recorder, and any four of the said City-Magistrates, whose Order to the said Treasurer from time to time shall be suf­ficient for the Payment of such Monies as shall come into his Hands from the said Collectors.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said Treasurer shall, on the Twenty-fifth Day of the Month called March, Who shall, yearly, adjust his Accounts The Magi­strates, &c. to allow for his Trouble. yearly, or oftner, if Occasion be, bring in his Accounts, and settle and make them up before the said Magistrates and Assessors, or such as they shall appoint: At the Auditing of which Accounts, all or any of the said Inhabitants and Freeholders, that are willing, may be present. And the said Treasurer shall have for his Trouble therein as much [Page 121] as the said Magistrates and Assessors shall agree to allow him. Allowance to the Assessors. And the said Assessors shall be allowed Three Pence per Pound for all the Sums levied, and to be collected by Virtue of this Act.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Collectors to pay the Mo­ney, &c. they gather, to the Treasure [...]. That the Money and Effects gathered and received by the said Collectors, within their respective Limits, by Virtue of this Act, shall from time to time be duly paid to the said Treasurer or Treasurers, whose Receipts shall be the Collectors sufficient Discharges.

PROVIDED ALWAYS, That the said Col­lectors shall forthwith, And giveNo­tice to the Freeholders of the Day of Appeal, & [...]. after every such Assessment made as aforesaid, give Notice to the said Freeholders and Inhabi­tants of the said City, or in their Absence, to some or one of their Families or Neighbours, of the respective Sums they are rated, and acquaint them with the Day and Place of Appeal, in Case they shall be aggrieved with such Assess­ment: Which said Day of Appeal shall be at some conve­nient Place in the said City, to be appointed by the Assessors that laid the said Tax, the same Day four [...] after the said Assessment is laid. And the said Assessors shall have due Regard to all such Appeals, and thereupon to abate or increase the said Assessment, according as the Appealants shall appear to be worth, either upon their own Attest, or Proof of others.

AND BE IT FURTHER ENACTED by the Authority aforesaid, After the Day of Appeal the Collectors to proceed to le­vy the said Rates. Their Allowance. That from and immediately after the said Appeals have been heard and considered as aforesaid, it shall and may be lawful to and for the said Collectors to proceed in Collecting and Levying the said Rates and Assessments; for the Collecting whereof they shall retain and keep in their Hands Six Pence in the Pound of all such Money as they shall so collect, and no more. And if the said Collectors, or any of them, The Penalty on Refusal or Neglect. shall refuse or neglect to collect the said Assessments respectively, or any Part thereof, and pay the same unto the Treasurer, within three Months after the said Appeals have been heard and consi­dered as aforesaid, every [...]uch Collector so refusing or ne­glecting shall forfeit and pay to the said Treasurer, for the Use of the said City, the Sum of Five Pounds, and shall also pay all the Arrearages of such Assessments which he was appointed to collect: Which shall be levied by a War­rant under the Hand of the Mayor for the time being, and [Page 122] Seal of the said City, directed to the Sheriff, who is hereby impowered and obliged to execute such Warrant upon the Goods and Chattels of the Party so offending. And in case Goods and Chattels, sufficient to make Satisfaction, cannot be found, then to imprison such Offender until Payment made. And every Collector being so distrained on, and ha­ving made full Satisfaction as aforesaid, is hereby impowered, without any other Warrant, to distrain, for his own Use, upon all such as shall refuse or neglect to pay the said Arrearages.

AND BE IT FURTHER ENACTED by the Authority aforesaid, On Neglect of choosing Assessors the Mayor, &c. shall act. That if at any time the Inha­bitants and Freeholders of the said City shall neglect to choose Assessors as aforesaid, or if when chosen, they do not attend their Service as above directed, then the Mayor, Recorder and Aldermen of the said City for the time being, together with the Grand-Inquest of the said City, may and shall perform the respective Offices and Duties of the said Asses­sors, as fully and amply as they might or could do by Virtue of this Act.

The Inhabi­tants of Phi­ladelphia, to be rated in Pro­portion with the County, in County-Taxes.PROVIDED ALWAYS, That nothing herei [...] contained shall exempt the Inhabitants of the said City from being rated or assessed in Proportion with the Inhabi­tants of the County of Philadelphia, to pay what is or shall be due for making and repairing of Bridges, in the Queen's High-Road, over any Rivers or Water where the Tide flows, within the said County, or from paying their Pro­portion of Assembly-Men's Wages due or to be due from the Inhabitants of the said County from time to time, over and besides their paying the two Members of Assembly chosen to represent the said City; or from paying for the Moiety of the Arrearages now due for Wolves Heads, wherewith the said County shall be justly chargeable; but that all Persons and Estates as aforesaid, within the said City, shall be liable to pay the respective Rates hereafter [...]o be assessed on them from time to time, for the Pur­poses aforesaid; any thing herein contained to the Contrary notwithstanding.

CHAP. CLXXVII. An ACT for the better Government of the City of Philadelphia.

Repealed.

CHAP. CLXXVIII. An ACT concerning the Register-General s Office. This Act wa [...] confirmed by the Queen in Coun­cil▪ th [...] 20th of the 12th month 171 [...]. [ Vide Chap. 125, 188.]

WHEREAS by a Law of this Province made in the Year One Thousand Seven Hundred and Five, entituled, An Act concerning the Probates of written and nu [...]cupative Wills, and for confirming Devices of Land, it is among other Things enacted, that there should be an Officer called Register-General, to be commissionated by the Governor from time to time, for the Probate of Wills, and Granting Letters of Administration in this Province; which Register-General should keep his Office at Philadel­phia; and should from time to time constitute a sufficient Deputy to officiate for him in each of the other Counties of this Province: But inasmuch as no Register has been commissionated and Deputies constituted in each County, as the said Act directs: BE IT THEREFORE ENACTED, &c. The Proprie­tary to com­missionate a Register-Ge­neral. That the said Proprietary and Go­vernor in chief, or his Lieutenant Governor for the time being, shall, on or before the first Day of the Month called August next, commissionate a Register-General for the Pro­bate of Wills and Granting Letters of Administration in this Province. But in case of the Removal of such Register-General, by Death or otherwise, then another fit Person shall, within three Weeks after such Removal, be commis­sionated as aforesaid, in the Room of the Register-General so removed, who shall keep his Office at Philadelphia, Who shall keep his Of­fice in Phila­delphia, and appoint a De­puty in each County. as the said Act directs, and shall from time to time constitute [...] sufficient Deputy to officiate for him in each of the said other Counties; who, being by him deputed, shall be and are hereby impowered to take Probate of Wills and grant Letters of Administration in the respective Counties, and to have a common Seal, according to the Tenor and Di­rection of the said Act.

PROVIDED ALWAYS, The Proprie­tary refusing to commissio­nate, then his Commissio­ners, &c shall. That if the said Proprietary, or his Lieutenant Governor, shall refuse or ne­glect to commissionate a Register-General from time to time, as this Act directs, then the Commissioners, Agents or Stewar [...] of the said Proprietary, his Heirs or Assigns, who are or shall be impowered to act for him or them in Matters relating to the Seigniory or Propriety of this Pro­vin [...] shall commissionate a Register-General, within three Weeks after the time hereby appointed for the Governor [Page 124] to do the same. And if they refuse, then the Justices shall. But if the said Commissioners, Agents or Stewards shall refuse or neglect to do their Duty therein, according to the Direction of this Act, then the Justices of the Court of Common-Pleas for the said County of Phila­delphia for the time being, or the major Part of them, shall, as often as there may be Occasion, commissionate the said Officer, called Register-General, at Philadelphia; who shall be, and is hereby impowered and required to officiate as fully and effectually as any Register-General ever could or can do, according to the Powers granted by the Royal Charter, or by Virtue of the said Act.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Register-General shall give 500 l. Se­curity, &c. That before any Register-General, or his Deputy, shall enter upon their respective Offices, he shall find one or more sufficient Sureties together with himself, to become bound to the said Proprietary, his Heirs and Assigns, Proprietaries of this Province, in a Bond of the Penalty of Five Hundred Pounds, for the true and faithful Execution and Discharge of his Office, and for the Delivery of the Records, and other Writings, belonging to the same, by him, his Heirs, Executors or Administrators, to his Successor in the said Office, whole and undefaced: Which said Bond shall be entred on Record in the Office of the Prothonotaries or Clerks of the said Court of Common-Pleas in the said respective Counties, And the Bond to be entred upon Record. to be safely kept by them, and to be made Use of as the said Act directs.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Register, with two or more Justices, shall decide Caveats, set­tle Accounts and make Dis­tributions. That where Objections are made, or Caveats entred against the proving of any Will or Granting Letters of Administration; and where there is or shall be Occasion to take the final Accounts of Executors or Administrators, or make Distribution of Decedents Estates, the Register-General, and his Deputies, respectively, shall, in every such Case, call to their Assistance two or more of the Justices of the said Courts of Common-Pleas for the County where they are concerned, who are hereby impowered and required to give their Assistance accordingly, to decide the said Caveats and Matters in Controversy, settle the said Accounts, make Distributions, and do all other judicial Acts as do or shall belong, or ought of Right to be done by any Person or Persons having Power by Law to take Probate of Wills, and grant Administration.

[Page 125]AND when the Register-General or his Deputies for the time being are, by the Duty of their Office, Where the Register can­not admini­ster Oaths, he may apply to any Justice, &c. required to administer Oaths in any Case, and shall happen to be such who for Conscience-sake cannot administer Oaths, they shall apply to some of the said Justices in the proper County, who are hereby impowered and required to ad­minister the same; which shall be as effectual in Law as if it had been administred by the Register-General or his Deputies respectively.

PROVIDED ALWAYS, That nothing in this Act contained shall extend or be construed to extend to an­nihilate or make void the above recited Act, or any Part thereof, save only what is hereby expressly altered and sup­plied, but that the same Act, in every other Respect, shall remain and be in full Force and Virtue as the same ought to have been in, if this Act had not been made; any thing herein before contained to the Contrary in anywise notwithstanding.

CHAP. CLXXIX. An ACT for impowering Religious Societies to buy, hold and enjoy Lands, Tenements and Hereditaments.

Repealed.

CHAP. CLXXX. A Supplementary ACT to a Law about the Manner of giving Evidence.

Repealed.

CHAP. CLXXXI. An ACT for Establishing the Lower-Ferry on the River Skuylkil.

Expired.

CHAP. CLXXXII. An ACT for Establishing and Regulating of of Ferries over Delaware-River and Neshaminy-Creek.

Expired, but supplied by other Acts.

CHAP. CLXXXIII. An ACT to prevent the Importation of Negroes and Indians unto this Province.

Repealed.

CHAP. CLXXXIV. An ACT for the further securing the Admini­stration of the Government. This Act was confirmed by an Order of the Queen in Coun­cil, the 20th of the 12th month 1713.

WHEREAS it is of the greatest Importance to Well-being of any Country, to be provided of a regular and plenary Administration of Govern­ment in all Emergencies; and considering the Uncertainty of human Life renders all Government liable to Changes that may carry great Inconveniencies with them, unless due Provision be made against the same; BE IT THEREFORE ENACTED, Upon the Death of the Lieutenant Governor, the eldest Coun­sellor, with o­ther four shall have the full Power of a Governor, Legislation excepted. &c. That in Case it shall please Almighty GOD at any time, in the Absence of the Governor-in-chief of this Province, to remove his Lieutenant by Death, or otherwise, before such sufficient Provision be made by the Governor-in-chief for the full Administration of Government; the Governor's Council, that are in Place at the time of such Lieutenant's Death or Departure out of this Government, or so many of them as conveniently can, shall forthwith meet at Phila­delphia; and the first named or eldest Counsellor, or in case of his Absence or Refusal, such other Member of Council as a Majority then present shall chuse and appoint, with any four more of the said Counsellors, shall be a Quorum; and shall have the full Power and Authority of a Governor of this Province, as effectually as any Deputy or Lieutenant, commissionated by the Governor-in-chief, may or ought to have; and shall accordingly act and exercise all the Powers of Government as fully and amply as any Deputy or Lieu­tenant Governor of this Province may, can or ought to do, Legislation excepted, until the said Lieutenant Governor's Return again, or until another Person or Persons shall be duly commissionated and impowered by the said Governor in chief, or his Heirs, to act in their Stead.

[Page 127]AND BE IT FURTHER ENACTED by the Authority aforesaid, That the President, And the Pre­sident, or el­dest Counsel­lor shall cause due Notice thereof to be transmitted home. or first named Member of Council, that shall succeed at the time of such Death or Absence as aforesaid, shall, at their first Meeting, order that due Notice thereof be transmitted by the first Opportunity to one of the Secretaries of State in Great Britain, and to the Board of Trade and Plantations; and also to the Governor-in-chief of this Province.

PROVIDED ALWAYS, That in case the Governor-in-chief shall not, If no Gover­nor be nomi­nated by, &c. in six Months, the Power of Lieutenancy to be lodged in theCouncil until, &c. within six Months after such Death or Absence of the Lieutenant Governor, nominate another Person to be his Lieutenant Governor, and obtain his Approbation from the Queen, o [...] her Successors; then the Power of Lieutenancy intended by this Act to be lodged in the Council, shall remain and continue, until the Governor-in-chief make further Provision as aforesaid, or until the Queen's Pleasure be known therein, and no longer.

PROVIDED ALSO, If the Gover­nor-in-chief die, thePower to continue to his Lieuten­ant until, &c. That in case the said Governor-in-chief shall happen to be removed by Death, or otherwise, then it shall and may be lawful for his De­puty or Lieutenant for the time being, to exercise all the Powers of Government as fully and amply as before, till further Order from her Majesty, her Heirs or Successors, or the Heirs of the said Proprietary and Governor-in-chief, which shall first happen.

CHAP. CLXXXV. A Supplementary ACT to an Act, entituled, An Impost Act, laying a Duty on Negroes, Rum, Wine, Spirits, Syder and Vessels, &c.

Expired.

CHAP. CLXXXVI. An ACT for reviving, explaining and continuing several Laws in this Act mentioned.

Expired.

CHAP. CLXXXVII. An ACT for Limitation of Actions.

BE IT ENACTED by CHARLES GOOKIN, Esq Lieutenant Governor, &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 Actions of Trespass Quare clausum fregit, 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 Merchandize between Merchant 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 the Proprietaries Quit-Rents) and all Actions of Trespass, Assault, Menace, Bat­tery, Wounding and Imprisonment, or any of them, which shall be sued or brought at any time after the Five-and-Twentieth 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) ar [...] the said Actions for Account, and the said Actions for Trespass, These Acti­ons to be sued within six Years after the Cause of such Actions, and not after. Debt, Detinue and Reple [...]in for Goods or Cattle, and the said Actions of Trespass Quare clausum fregit, 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 Assault, Menace, And those within one Year. Battery, Wounding, Imprisonment, or any of them, within one Year next after the said Twenty-fifth Day of April next, or within two Years next after the Cause of such Actions or Suit, and not a [...]ter; and the said Actions upon the Case for Words within one Year next after the Words spoken, and not after.

AND BE IT FURTHER ENACTED by the Authority aforesaid, If judgment be given for the Plaintiff, and reve [...]sed, he may com­mence a new Action with­in one Year. 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 alledged in Arrest of Judgment, the Judgment be given against the Plaintiff, that he take nothing by his Plaint, Writ or Bill, then, and in every such [Page 130] 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Where a Dis­claimer shall be allowed. That in all Actions of Trespass, Quare clausum fregit, 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 Defendants 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 inforced to join Issue; and if the said Issue be found for the said Defendant or Defendants, or if the Plaintiff or Plaintiffs shall be non-suited, the Plaintiff or Plaintiffs shall be clearly barr'd from the said Action or Actions, and all other Suit con­cerning the same.

AND BE IT FURTHER ENACTED by the Authority aforesaid, In Action [...] of Slander whe [...]e the Damages is found un­der 40 [...] ▪ the Costs shall be the same. 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 Day of April next, if the Jury upon Trial of the Issue in such Action, or the Jury that shall enquire of the Damages, do find or assess the Damages un­der Forty Shillings, then the Plaintiff or Plaintiffs in such Action shall have and recover only so much Costs as the Damages so given or assessed do amount unto, without any further Increase of the same; any Law or Usage to the Contrary notwithstanding.

An Action may be brought a­gainst one un­der Age, &c. within the time limited, after he come to Age, &c.PROVIDED NEVERTHELESS, That if any Person or Persons, who is or shall be entituled to any such Action of Trespass, Detinue, Trover, Replevin, Actions of Account or Debt, Actions for Trespass, for Assault, Menace, Battery, Wounding or Imprisonment, 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 mentis, imprisoned or beyond Sea, that then [Page 131] 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.

CHAP. CLXXXVIII. An ACT for Establishing Orphans Courts.

WHEREAS by certain Laws of this Province now in force, See Chap 127. Act for settling Intestates E­states. several 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 effectually supplied by another Law, divers Orphans and Persons concerned for them, or intrusted with their Estates, labour under great Inconveniences; BE IT THEREFORE ENAC­TED, &c. That the Justices of the Court of General Quarter-Sessions of the Peace in each County of this Pro­vince, The Justices of the Court of Quarter-Sessions to hold the Or­phans Court. Their Power and Duty. or so many of them as are or shall be from time to time enabled to hold those Courts, shall have full Power, and are hereby impowered, 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 stiled, 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 in­trusted with or anywise accountable for any Lands, Tene­ments, Goods, Chattels or Estate belonging or which shall belong to any Orphans or Persons under Age, and cause them to make and exhibit, within a reasonable Time, true and perfect Inventories and Accounts 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 Application made in that Behalf, to bring or transmit into the Orphans Court true Copies or Duplicates of all such Bonds, Inven­tories, Accounts, Actings and Proceedings whatsoever, now or hereafter remaining or being in the 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; [Page 132] 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 Officers 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 common Law.

Letters of Ad­ministration, without gi­ving Bond, are void. The Penalty for doing the sameAND where any Letters of Administration shall be granted, and no Bond with Sureties given as the Law in that Case requires, such Letters of Administration shall be and are hereby declared to be void and of none Effect, and that the Officer or Person that grants the same, and his Sureties, shall be, ipso facto, liable to pay all such Damages as shall accrue to any 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 Security ap­pears to the OrphansCourt not sufficient, they shall compel such Administra­tors to give bette [...]. 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 impowered 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 to the Court) shall approve of. And if it appears that any of the said Administrators have imbezelled, 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 impowered to grant Administration as aforesaid, where such Occasion happens, are hereby required to grant Letters of Administration to such Person or Persons (having Right thereunto) as will give Bonds in Manner and Form aforesaid, [Page 133] who may have their Actions of Trover or Detinue for such Goods or Chattels as came to the Possession of the former Administrators, and shall be detained, wasted, imbezelled or misa [...]plied by any of them, and no Satisfaction made for the same.

AND BE IT FURTHER ENACTED by the Authority aforesaid, In case Mi­nors Estates be in Danger by Executors, &c. the Or­phans Court shall cause such to give Security. That when any Complaint 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 every such Case the same Justices are hereby required forthwith to call an Orphans Court; who shall cause all and every such Executors and Trustees, as also such Guardians or Tutors of Orphans or Minors as have been formerly appointed, or shall at any time hereafter be appointed by the said Court, to give Security 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 T [...]usts, and fo [...] 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 Advantage of such Orphans, as is usual in such Cases.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That any of the said Executors, Minors Mo­ney may be put to Inte­rest, 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 insufficient, 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 Persons so as aforesaid concerned for the Minors, no [...] by any others, then the said Executors, [Page 134] Administrators, Guardians or Trustees, shall, in such Case [...], be responsible, for the Principal-Money only, until it can be put out at Interest as aforesaid.

Not exceed­ing 12 months at one time.PROVIDED ALWAYS, That the Day of Payment of the Money so to be put out to Interest, at any one time, shall not exceed Twelvemonths from the Date of the Obligation, or other Security given for the same, and so Toties Quoties, when and so often as the said Money shall be paid or come to the Hands of the said Executors, Guardians or Trustees.

PROVIDED ALSO, That no Executors, Ad­ministrators or Guardians, shall be liable to pay Interest, but for the Surplusage of the Decedents Estates remaining in their Hands or Power, and belonging to the Minors, when the Accounts of their Administration are or ought to be settled and adjusted before the Orphans Court or Register-General respectively.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Further Au­thority of the Orphan [...] Court. 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 mentioned, or intended to be granted to the Orphans Court, in and by a Law of this Province, entituled, An Act for the better settling Intestates Estates, 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 Intent 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 Request of the said Executors, Administrators, Guardians or Tutors, to order and direct the binding or puting out of Minors Apprentices to Trades, Husbandry, or other Imployments, as shall be thought fit. And that all Guardians and Prochein Amis, which shall be appointed by any of the said Orphans Courts, shall be allowed and received, without further Admittance, to prosecute and defend all Actions and Suits relating to the Orphans [Page 135] or Minors, as the Case may require, in any Court or Courts of this Province.

AND if any Person or Persons, Persons sum­moned and not appear­ing, &c. may be punished by Imprison­ment, &c. being duly summoned to appear 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 or Orders concerning 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, Persons ag­grieved may appeal to the Supream Court. That if any Person or Persons shall be aggrieved with any definitive Sentence or Judgment of the said Orphans Court, it shall be lawful for them to appeal from the same to the Supream-Court; which Appeal, upon Security given, as is usual in such Cases, shall be granted accordingly.

AND if any of the said Executors, Administrators, Discharges for Money, &c. by Exe­cutors, &c. are binding to the Orphans. 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, 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 full Age, Bonds how to be cancelled. 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 Minors 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 Persons concerned 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 account and pay, and thereupon all Bonds entred into, for Payment of such Orphans Portions shall be delivered up and cancelled.

[Page 136]PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, What Persons may have the Charge of Or­phans or Mi­nors. 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 Minors 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.

Due Regard to be had to Wills, &c.PROVIDED ALSO, That the Justices of the said Courts, and all others concerned in the Execution of this Act, shall have due 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Bonds direc­ted to be gi­ven by any Law, &c. to be for the Use of the Persons concerned, &c. 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 Register-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 Execution of his or their respective Offices or Imployments, 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 Misseazance or Nonseazance 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 Scire facias, summon the Person or Per­sons against whom the said Judgment is obtained, to appear and shew 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 [Page 137] Suit is, shall award Execution for so much as the Jury shall then find, with Costs, and no more; and the former Judgment is hereby declared still to remain cauti [...]ary, for the Satisfaction of such others as shall legally prove them­selves damnified, and recover their Damages in Manner aforesaid.

AND the said Register-General, and all others in whose Hands the said Bonds shall be deposited or lodged, The Register-General, &c. required to give Copies of such Bonds, &c. 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 reco­vered against the Officer that gave such Bonds, or his Sure­ties, 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 or Imparlance shall be allowed.

CHAP. CLXXXIX. An ACT for Amending divers Laws therein mentioned.

Repealed.

CHAP. CXC. An ACT for the laying a Duty or Excise upon sundry Liquors; and also upon Hops, to answer several Exigencies of this Government.

Expired.

CHAP. CXCI. An ACT of Privileges to a Freeman.

Repealed.

CHAP. CXCII. An ACT directing Appeals to Great Britain. See the Act fo [...] Establishing of Courts, poste [...] Chap. 245.

BE IT ENACTED by CHARLES GOOKIN, Esq by the King's Royal Approbation Lieutenant Go­vernor under WILLIAM PENN, Esq Proprietor 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 no Judgment, Persons find­ing them­selves aggrie­ved by Judg­ment, &c. of the Supream or Admiralty Courts may appeal home. Sentence or Decree of any of the Supream-Courts, or Courts of Admi­ralty in this Province, shall be so final, but that the Party grieved therewith may appeal to the King, his Heirs and Successors, 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 Judgment or Sentence is given by Recognizance in double the Sum adjudged to be recovered by the Sentence, Decree or Judgment of the said Courts, or any of them, With Condition, That the Person or Persons appealing shall and will, within eighteen Months next after, prosecute his or their Appeal in Great Britain, with Effect; If the Judg­ment, &c. be affirm'd, &c. the Appel­lant shall pay all Debts, Da­mages, &c. 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 Appellant, 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 Damages 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.

CHAP. CXCIII. An ACT for establishing the Courts of General Quarter-Sessions in this Province.

Repealed.

CHAP. CXCIV. An ACT for Impowering religious Societies to buy, hold and enjoy Lands, Tenements and Hereditaments.

Repealed.

CHAP. CXCV. An Affirmation ACT for such who for Conscience-sake cannot take an Oath.

Supplied.

CHAP. CXCVI. An ACT for Corroborating the Circular-Line between the Counties of Chester and New-Castle.

Repealed.

CHAP. CXCVII. An ACT for the better Recovery of Fines and Forfeitures due to the Governor and Government of this Province.

TO the End that all Fines, Forfeitures, Issues and Amerciaments, which were designed, and ought to be applied towards Defraying the necessary Charge of Supporting the Administration 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; BE IT ENACTED by CHARLES GOOKIN, All Fines due after March 25. 1715. to be certified into the Su­pream Court at Philadelphia, Sept. 24. 1716. Esq &c. That all Fines, Issues, Amerciaments 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 March, One Thousand Seven Hundred and Fifteen, shall be set, imposed, lost or forfeited in the Supream-Court of this Province, or in any Courts of Common-Pleas, Gene­ral Quarter-Sessions of the Peace and Goal-Delivery, or be­fore any special Commissioners of Oyer and Terminer, in any County of this Province, Vide postea Chap. 245▪ An Act for e­stablishing Courts, &c. shall, by the Justices, Pro­thonotaries and Clerks of the said Courts respectively, be certified and estreated in and into the said Supream-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 the Names of the Parties betwixt whom the said Issues and Amerciaments are lost.

[Page 141]AND that all Fines, Issues and Amerciaments, All Fines, &c. to be [...]s­treated, into the Supream Court, on Pe­nalty, &c. forfeited Recognizances, 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 or­dained and required to be certified and estreated in and into the said Supream-Court the last Day of every April Court, to be held at Philadelphia, in every Year, and from the Be­ginning of every April Court, in every Year, to the Begin­ning of every September Court there; 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, Amerciaments and Forfeitures, making Default or offending therein, Penalty on Neglect. shall forfeit and pay Thirty Pounds, current Money of this Province, for every such Default that shall be made in Certifying and Estreating as aforesaid, 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That all Clerks of the Peace, Clerks of the Peace, &c. to deliver, year­ly, to the She­riff, a Sche­dule of Fines, &c. Town-Clerks, and every of them within this Province, shall make and deliver, yearly, to the Sheriff of the respec­tive County, City or Town corporate, 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, Amerciaments, forfeited Recognizances, Sum and Sums of Money, and other For­feitures whatsoever, which shall happen to be imposed, 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, A Duplicate of all Sche­dules to be delivered in­to the Su­pream-Court on or before the tenth Day of April, make and deliver into the said Supream-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 [Page 142] said Supream-Court, may be charged with the Money le­vied and received by them respectively upon such Schedules delivered as aforesaid, on Pain that every Person and Per­sons offending herein, for every such Default or Failure made, Penalty on Neglect. 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Justices of the Supream Court sh [...]ll a­ward P [...]cess for le [...]ing Fines, &c. That the Justices of the said Supream-Court shall award Process for levying, as well of such Fines, Forfeitures, Issues and Amerciaments as shall be estreated into the said Supream-Court, as of all Fines, Forfeitures, Issues and Amerciaments which shall be lost, taxed and set there, and not paid to the Uses they shall be appropriated.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Justice, &c. of the said Cou [...]t [...], to spa [...]e, con [...]cea, &c. any In [...]ictment, &c. unless it be by Rule of Court; nor miscertify any Fine▪ &c. o [...] Penalty of tre­ble the Value. That no Justice, Officer or Minister of or belonging to any of the said Courts, nor any Prothonotary or Clerk of the said Supream, 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; shall spare, take off, discharge, or wittingly or willingly conceal any Indictment, Fine, Issue, Amerciament, forfeited Recognizance, or other Forfeiture whatsoever, exhibited, set, imposed, lost or forfeited in any of the Courts above-mentioned, or before any of the Judges, Justices or Commissioners of or belonging to the same; o [...] any Sum or Sums of Money paid, or to be paid to any Officer or Officers, in Lieu or Satisfaction of any Fine or Forfeiture (unless it be by Rule or Order of Court where such Indictment, Fine, Issue, Amerciament, forfeited Re­cognizance or other Forfeiture is or shall be exhibited, set, imposed, lost or forfeited) nor shall any of the said Justices, Officers or Ministers aforesaid, or any other, wittingly or willingly miscertify or estreat in or into any of the said Supream-Courts, any Fine, Issue, Amerciament, forfeited Recognizance or other Forfeiture whatsoever, whereby the Process of the said Supream-Courts, for the levying thereof, may be made invalid and of none Effect: But every such Justice, Officer and Minister, and all and every other Per­son and Persons offending herein, shall, for every such Of­fence, forfeit and pay treble the Value of such Fin [...], Issue, [Page 143] Amerciament, forfeited Recognizance, Sum or Sums of Money, or other Forfeiture so spared, taken off, discharged, concealed, not certified, or miscertified, or estreated as afore­said; the one Moiety thereof to 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Estreats to be delivered in­to the [...]u­pream-Courts upon Oath or Affirmation. 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 Supream-Court, shall deliver in all and every such Estreat and Estreats, upon their Oaths or Affirmations, to be administred 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, Ame [...]ments, Recognizances and For­feitures which were set, cost, imposed or forfeited, and in right and due Course of L [...]w ought to be estreated in the Supream-Court of Pennsylvania, are (to the best of Your Knowledge and Understanding) herein contained; and that in the same Estreats are also contained and expressed all such Fines and Amerciaments as have been paid into the Court from which the said Estreats are made, without any wilful or frau­dulent Discharge, Omission, Misnomer or Defect whatsoever.’

AND BE IT FURTHER ENACTED by the Authority aforesaid, Estreats shall be viewed by any two Judges of the Supream-Court; who in immode­ [...]te Fines, &c. may give Relief. That any two of the Judges of the said Supream-Court for the time being shall view all the said Estreats, and cause their Clerk to inrol them in the said Court; and shall hear and determine all Complaints brought before them concerning immoderate Fines, Issues or Am [...]rciaments estreated as aforesaid, and to give Relief to the Party grieved, as the Laws in Great Britain in such Cases doth or shall direct.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That where any Fine or Fines, Where any Fine, &c. shall be paid to any Sheriff, &c. and es­treated, Pro­cess shall is­sue out of the Supream-Court against them. Sum or Sums of Money, or other Forfeitures, due to the Governor or Government of this Province, after the said Twenty-fifth Day of March, One Thousand Seven Hundred and Fifteen, shall be paid to any Sheriff, Clerk, or other Officer or Minister whatsoever, belonging to any Court or Courts in this Province, and be, according to the Intent [Page 144] and Directions of this Act, ce [...]tified and estreated in or into the said Supream-Court; then, and in such Case, Process shall issue out of the said Supream-Court directed to the Sheriff or Coroner of the proper County, against such Officers and other Persons to whom such Fine or 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 Monies are received, answered and paid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, All Fine [...], le­vied, except for the Poor, Highways, Bridges, &c. shall be paid to the Provin­cial-Treasu­rer; who shall pay to the Uses appro­priated. 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 henceforth 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 th [...] 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; and shall deduct Five per Cent. for his Trouble in receiving and paying the same. His Allow­ance.

This Act shall not preju­dice the City-Charter.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 [...]ade.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Secreta­ry shall, year­ly, give an Account to the said Trea­surer of Li­cences to pub­lick-Houses, under Penal­ty of Twenty Pounds. That the Secretary, or his De­puty, who draws Licences for keeping Publick-Houses, and selling Wine or other Liquors in any Town or Place of this Province, shall keep a true and just Account of the said Licences, 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 thi [...] Province, for every Default or Neglect in that Behalf; the one Moiety thereof to the Governor for [Page 145] Support of Government, and the other Moiety to him or them that will sue for the same, to be recovered as aforesaid.

CHAP. CXCVIII. An ACT for the Assigning of Bonds, Specialties and Promisory-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 indorsable over to any other Person, so as that the Per­son to whom the said Bonds, Specialties, Note or Notes is or are assigned or indorsed may, in their own Names, by Action at Law, or otherwise, recover the same; therefore, to the Intent to encourage, Trade, Commerce and Credit; BE IT ENACTED by CHARLES GOOKIN, Esq &c. That all Bonds, Specialties and Notes in Writing, Bonds, &c. may be assign [...]ed to another Person. made or to be made, and signed by any Person or Persons, 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, Such Assignee may assign again. Specialties 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 Tuties Quoties.

AND that it shall and may be lawful for the Person or Persons to whom the said Bonds, And sue in his own Name Specialties or Notes are assigned, indorsed or made over as aforesaid, in his, her or their own Name or Names, to commence and prosecute his, her or their Action at Law, for Recovery of the Money mentioned in such Bonds, Specialties or Notes, or so much thereof as shall appear to be due at the Time of such Assign­ment [Page 146] in like Manner as the Person or Persons to whom the same was or were made payable, might or could have done.

Plaintiff shall recover Da­mages and Costs; but if non-suited, &c. the De­fendant shall have Costs.AND in every such Action the Plaintiff or Plaintiffs shall recover his, her or their Damages and Costs of Suit▪ and if such Plaintiff or Plaintiffs 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.

And may sue out Executi­on, &c.AND every such Plaintiff or Plaintiffs, Defendant or Defendants respectively recovering, may sue out Execution for such Damages and Costs in the like Manner as is usual for Damages and Costs in other Cases.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Within what Time Actions on Promisory-Notes shall be brought. That all and every such Actions on such Promisory-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, entituled, An Act for Limitation of Actions.

No Power gi­ven by this Act to issue Notes than, &c.PROVIDED ALWAYS, That no Person or Persons shall have Power by Virtue of this Act to make, issue or give out any Bonds, Specialties or Notes by them­selves or Servants, than such as they might have made, issued and given out if this Act had never been made.

Assignments, &c. under Hand and Seal, &c.AND that all Assignments to be made of Bonds and Specialties shall be under Hand and Seal, before two or more credible Witnesses.

After Assign­ment the Assignor not to release.PROVIDED ALSO, That it shall not be in the Power of the Assigners, after Assignment made as aforesaid, to release any of the Debts or Sums of Money really due by the said Bonds, Specialties or Notes.

CHAP. CXCIX. An ACT for Acknowledging and Recording of Deeds.

BE IT ENACTED by CHARLES GOOKIN, Esq &c. An Office of Record in each County for recording of Deeds. That there shall be an Office of Record in each County of this Province, called and stiled, The Office for Recording of Deeds; and shall be kept in some conveni­ent Place in the said respective Counties; and the Recorder shall duly attend the Service 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That all Bargains and Sales, All Deeds and Convey­ances may be recorded in the said Of­fice after the Grantor, &c. have proved the Executi­on thereof, &c. 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 Bargainer 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 Justice [...] of the Peace, of the proper County or City where the Lands lie, who is hereby impowered to take such Acknowledgment of the Grantor, if one, or one of of the Grantors, if more.

BUT in case the Grantor be dead, or cannot appear, If theGrantor be dead, the Witnesses to be uponOath, &c. then the Witnesses brought before such Justice shall be by him examined upon Oath or Affirmation, to prove the Execu­tion of the Deed then produced: Whereupon the same Justice shall, under his Hand and Seal, The Acknow­ledgment to be certifi'd on the Back of such Deed, by the Justice; and the Day and Number of theRoll by the Recorder. certify such Acknow­ledgment or Proof upon the Back of the Deed, with the Day and Year when the same was made, and by whom: And that after the Recorder has recorded any of the said Deeds, he shall certify, on the Back thereof, under his Hand and Seal of his Office, the Day he entred it, and the Name or Number of the Book or Roll and Page where the same is entred.

[Page 148]AND BE IT FURTHER ENACTED by the Authority aforesaid, Deeds made out of this Province, proved & re­corded, shall be valid, &c. That all Deeds and Convey­ances made and granted out of this Province, and brought hither and recorded in the County where the Lands lie (Execution thereof being first proved by the Oath or Affir­mation of one or more of the Witnesses thereunto, before one or more of the Justices of the Peace of this Province, Vide [...]. Cha. 14 [...] [...] for confirm [...] Sales of Lands, &c. or before 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 Publick-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 and proved in the proper County where the Lands lie in this Province.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Deeds so ac­knowledged and recorded shall be of the same Force as Deeds of Fe­offment, or inrolled in Great Britain. 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 Indorsment made thereon according to the true Intent and Meaning of this Act, shall be of the same Force and Effect here, for the giving Possession and Seizin, and making good the Title and Assurance of the said Lands, Tenements 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. Copies, &c. of such Deeds being certifi­ed by the Re­corder, shall be as valid as the Originals. And the Copies or Exemplifications of all Deeds so inrolled 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 enacted to be as good Evidence and as valid and effectual in Law as the Original Deeds themselves, or as Bargains and Sales inrolled in the said Courts at West­minster, and Copies thereof, can be; and the same may be sued, pleaded and made Use of accordingly.

AND BE IT FURTHER ENACTED by the Authority aforesaid, In Deeds in Fee-simple, the Words Grant, Bar­gain, Sell, to be an express Covenant that the Estate was free from In­cumbrances, &c. That 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 judged an express Covenant to the Grantee, his Heirs and Assigns, to wit, That the Grantor was seized of an indefea­zable Estate in Fee-simple, free'd from all Incumbrances [Page 149] 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 contain'd in such Deeds) and that the Grantee, his Heirs, Executors, The Grantee may assign Breaches, &c. Administrators and Assigns may, in any Action, assign Breaches, as if such Covenants were expressly inserted.

PROVIDED ALWAYS, Leases at Rack-Rent, and not ex­ceeding 21 Years excep­ted. 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Penalties against For­gers of said Acknowledg­ments, & Per­sons guilty of Perjury. That if any Person shall forge any Entry of the said Acknowledgments, Certificates 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 herein above-mentioned, he shall incur the like Penalties as if the Oath or Affirma­tion had been in any Court of Record.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That no Deed or Mortgage, No Mortgage good unless acknowledg­ed and recor­ded in six, Months. or defeazable Deed, in the Nature of Mortgages, hereafter to be made, shall be good or sufficient to 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 herein before directed for other Deeds.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Mortgagee having recei­ved his Mo­ney shall en­ter Satisfac­tion on the Margin of the Record. That any Mortgagee of any real or personal Estate 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 Mortgager, enter Satisfaction upon the Margin of the Record of such Mortgage recorded in the said Office; which shall forever thereafter discharge, 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, Penalty on not making such Acknow­ledgment, &c. shall not, within three Mon [...] after Request and Tender made for his reasonable Charges, repair to the said Office, and there make such Acknowledgment as aforesaid, he, [Page 150] she or they neglecting so to do, shall, for every such Of­fence, forfeit and pay unto the Party or Parties aggrieved any Sum not exceeding the Mortgage-Money, to be re­covered in any Cout of Record in this Province, by Bill, Plaint or Information.

AND BE IT FURTHER ENACTED by the Authority aforesaid, What Persons shall be Re­corders of Deeds, until a Majority of the Justices appoint o­thers. That Charles Bro [...]kden, shall be Recorder of Deeds for the City and County of Philadelphia, and the several Prothonotaries or County-Clerks of Buck [...] 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 s [...] Occasion to remove them, and appoint others in their Places. But before any of the said Recorders enter upon their repec­tive Offices, Recorders to give Security, &c. 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. And to be filed in the Secretary's-Office, &c. Which said respective Bonds shall be filed in the Secretary's Office, 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 directed by the Laws of this Province.

Penalty on the Recorder for entring on his Office be­fore Security given.AND no Recorder of Deeds whatsoever, now or here­after appointed as aforesaid, shall enter upon or officiate in the said Office, before he hath given such Security as afore­said, upon 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Fees allowed to the said Recorders. That the said Recorders, re­spectively, shall have and receive for Recording, and for Copying or Exemplifying all Deeds, Conveyances and Writings entred in the said Office, One Half-penny for every [Page 151] Line, containing not less than twelve Words; and for [...] 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 the Office and Indorsement of Certificate on each [...]eed acknowledged, and his Hand thereto, One Shilling and Six-Pence.

AND if any of the said Recorders shall exact or take more or greater Fees, he or they offending, shall, Penalty on Exacting. for every Offence, 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.

CHAP. CC. An ACT for the Ease of such as conscienciously scruple to take the solemn Affirmation formerly allowed in Great Britain.

Repealed.

CHAP. CCI. An ACT for continuing a friendly Correspondence with the Indians.

Expired.

CHAP. CCII. 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.

WHEREAS the several Laws of this Province for Determining of 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 Phila­delphia, tha [...] the Manner of putting the same in Execution by some of the said City-Magistrates and Officers, proves very chargeable and inconvenient: For Remedy whereof, BE IT ENACTED by CHARLES GOOKIN, Esq &c. [Page 152] That upon Complaint made to any Justice of the Peace in this Province against any Person or Persons, Any Justice on Complaint may issue his W [...]rrant to t [...]e Constable for [...]bts un­der Forty Shil­lings. for any Debt or Demand under Forty Shillings, it shall and may be law­ful for such Justice, and he is hereby impowered and re­quired to issue forth his Warrant, in the Nature of a Sum­mons, Capias or Attachment, as the Case may require, directed to the Constable of the Township or District where the Defendant dwells or can be found, commanding him to bring, or cause such Defendant to come, with the Plain­tiff, And may give Judgment, which shall be final. before him, or the next Justice, forthwith; and when such Justice hath heard the Proofs and Allegations of both Parties (or such of them as will be present) he shall forth­with give Judgment in the Matter, which shall be final and conclusive to both Complainant and Defendant, with­out further Appeal. Justices to keep Entries of such Judg­ments. But the Justice that gives such Judg­ment, shall keep fair Entries of the Names of the Com­plainants and Defendants, and the Debt or Sum contained in such Judgment, with the Day and Year when the same was given. Execution to be awarded against Body and Goods. And Execution, if required, shall be awarded by the Justice, against the Body and Goods or Effects of the Defendant or Person refusing to comply with such Judgment, directed to the Constable; but if the Defendant produceth Effects sufficient to satisfy the Sum contained in such Execution, If Effects be produced, the Body not to be h [...]ld. 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 Goal of the proper County; For want of Effects to be imprisoned, &c. and the Sheriff or Keeper of such Goal is hereby required to receive 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, Goods to be [...]ld in three [...], return­ing the Over­plus. within three Days after, be sold at publick Vend [...]e, and the Overplus, if any, after reasonable Charges deducted, returned to the Owner.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Court to have Cogni­zance of any Debts under 4 [...] nor be be determin­ed any other way than this Act directs. 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 Magistrate any other way than this Act di­rects; any Law, Ordinance or Usage to the Contrary in anywise notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Repe [...]l of the City Ordinan­ces, &c. That all and every the Ordi­nances and By-Laws of the said City, made, or pretended to be made, for the better executing the said Laws for [Page 153] Determining of small Debts, and for Erecting a Court or Courts for that Purpose, shall be and are hereby declared to be null and void; Forty Shillings Court dissol­ved. and that all and every the said Courts so erected, usually held by the Mayor or Recorder, with one or more of the Aldermen of the said City, commonly called The Forty Shillings, or T [...]o W [...]ks Court, or by what Name soever the same may be called; and all Jurisdiction and Authority belonging to or exercised in the said Courts, or by any of the Mag [...]trates or Ministers thereof, in Hearing and Determining Debts or Demands therein of Forty Shillings and under be clearly and absolutely dissolved, taken away and abolished.

AND that all the Laws or Acts of Assembly of this Province heretofore made for determining Debts of Forty Shillings or under (save a Law entituled, Repeal of all Laws for de­termining Debts under Forty Shillings, except, &c. An Act about At­tachments under Forty Shillings, pass'd in the Twelfth Year of the late King William the Third) and every Matter, Clause and Thing therein contained, shall be, and are hereby declared to be repealed, annulled, and forever made void, any thing in the said Acts to the Contrary in anywise notwithstanding.

PROVIDED ALWAYS, No Justice to hear any Debt for Rents or Contracts for real Estate. That nothing herein contained shall extend to enable any of the said Justices of the Peace within the respective Counties of this Province, nor any of the Magistrates of the City of Philadelphia, within the same City, to hear any Debt for Rents or Contracts for real Estates.

CHAP. CCIII. An ACT for Erecting a Supream Court or Pro­vincial Court of Law or Equity in this Province.

Repealed.

CHAP. CCIV. An ACT for Establishing the several Courts of Common-Pleas in this Province.

Repealed.

CHAP. CCV. An ACT for the better Ascertaining the Prac­tice of the Courts of Iudicature within this Province.

Repealed.

CHAP. CCVI. An ACT for Raising a Supply of One Penny in the Pound, and Four Shillings a Head; and for Reviving other Acts therein mentioned.

Expired.

CHAP. CCVII. An ACT for Regulating and Establishing Fees.

Supplied.

CHAP. CCVIII. An ACT for laying a Duty on Wine, Rum, Brandy and Spirits, Cyder and Hops, imported into this Province.

Expired.

CHAP. CCIX. An ACT for laying a Duty on Negroes imported into this Province.

Expired.

CHAP. CCX. An ACT to enlarge the Time for putting in Execution a Law pass'd in the last Sessions of Assembly, held for this Province, entituled, An Act for raising a Supply of One Penny in the Pound, and Four Shillings a Head; and for Re­viving other Acts therein mentioned.

Obsolete.

CHAP. CCXI. An ACT for Reviving of Actions and Process, lately depending in the Courts of the County of Chester, and for Supplying other Defects, relating to Proceedings at Law in all the Courts of Common-Pleas in this Province.

—

CHAP. CCXII. An ACT for Raising a Supply of One Penny per Pound, and Four Shillings a Head.

Expired.

CHAP. CCXIII. An ACT for the better Regulating of Elections of Sheriffs, Of the Duty of Sheriffs, and their Elections, See postea 3 Geo. II. Chap. 303. i [...] the latter Part of the Act for Relief of insol­vent Debtors. Coroners and Assessors.

WHEREAS the Manner of carrying on the said Elections, differing from the peaceable Method established for chusing Members of Assembly, has occasioned some Disorders and Tumults, which should be avoided for the future: THEREFORE IT IS ENACTED by WILLIAM KEITH, Esq by the King's Royal Approbation Lieutenant Governor under WILLIAM PENN, Esq Proprietor 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, Who have Right of E­lecting or be­ing elected Sheriffs, Co­roners and Assessors. That such Persons as have no Right to elect or to be elected, according to a Law of this Province, made in the Fourth Year of the late Queen Anne's Reign, entituled, An Act to ascertain the Number of Members of Assembly, and to regulate the Elections, shall not have any Right of electing or being elected Sheriffs, Coroners or Assessors in or for any County of this Province.

Altered by the 11 th Geo. I.AND that all and every Person and Persons who, by Virtue of the said Act, shall from time to time come to elect Representatives to serve in Assembly, shall deliver, in Writing, to the Judges of those respective Elections, in one Piece of Paper, distinctly 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.

Persons cho­sen to be Sheriffs, &c. how to be qualified.AND that the Persons who, by Majority of Votes given, according to the Direction of this Act, shall be cho­sen for Sheriffs and Coroners in the said respective Counties, shall be returned, presented and impowered to serve and act in their respective Offices, in Manner and Form, and under the Penalties, Qualifications and Directions specified in a Law of this Province, entituled, An Act for regulating Elections of Sheriffs and Coroners: And the Persons so as aforesaid chosen to be Assessors for the said respective Coun­ties, shall be returned and entred 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 [Page 157] Law, entituled, An Act for raising County Levies, 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, City of Phila­delphia how to choose their Assessors. That the Inhabitants and Free­holders of the City of Philadelphia, shall observe and use the same Method in choosing their Assessors, as is herein above directed for the Choice of other Assessors.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Acts re­cited herein concerning Elections to continue in Force. That all and every the above-mentioned Acts, and all other Acts of Assembly relating to the said Elections, and all the Powers, Provisions, Penalties, Clauses, Matters and Things therein contained (except only such Part and Parts thereof touching which other Provision 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.

CHAP. CCXIV. An ACT for laying a Duty upon sundry Liquors retailed in this Province.

Expired.

CHAP. CCXV. An ACT for the more effectual Raising of County Rates and Levies.

Supplied.

CHAP. CCXVI. An ACT for the Advancement of Iustice, and more certain Administration ther [...]of.

WHEREAS King Charles the [...]ond by his Royal Charter to William Penn, Recital of th [...] Royal Char [...]ter. [...] erecting this Country into a Province, did declare it to be his Will and Pleasure, That the Laws for Regulating and Governing of Property within the said Province, 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 [Page 158] the Kingdom of England, until the said Laws shall be al­tered by the said William Penn, his Heirs or Assigns, and by the Freemen of the said Province, their Delegates or De­puties, or the greater Part of them.

The common Law of Eng­land extends hither.AND WHEREAS it is a settled Point, as the the common Law is the Birth-Right of English Subjects, so it ought to be their Rule in British Dominions: But Act [...] of Parliament have been adjudged not to extend to these Plantations, unless they are particularly named in such Act.

NOW forasmuch as some Persons have been encouraged to transgress certain Statutes against capital Crimes, and other Enormities, because those Statutes have not [...] hitherto fully extended to this Province:

Trials of High-Trea­son.THEREFORE lest there should be an [...] further Failure in that Behalf, may it please the Governor, that it may be enacted, AND BE IT ENACTED by WILLIAM KEITH, Esq by the King's Royal Approbation Deputy-Lieutenant and Governor under the said WILLIAM PENN, Esq 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 all Inquests and Trials of High Treason shall be ac­cording to due Order and Course of the Common Law, ob­serving the Directions of the Statute-Laws of Great Britain, relating to the Trials, Proceedings and Judgments in such Cases.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Trials of Pe­ty Treason, Murther, and other capital Crimes. That the Inquiries and Trials of all Petty-Treasons, Misprisions of Treasons, Murder, Manslaughters, Homicides, and all such other Crimes and Misprisions, 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.

Trials in Eng­land upon Oath.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 enquired of and tried by Justices, Juries and Witnesses upon their Oaths.

[Page 159]BUT forasmuch as the greater Part of the Inhabitants of this Province are such who for Conscience-sake cannot take an Oath in any Case; As the greater Part of the Inhabitants cannot [...]ake Oaths, all C [...]imes may be tried upon Oath o [...] Affir­mation. yet without their Assistance Justice cannot be well administred, and too great a Burthen will fall upon the other Inhabitants: BE IT THERE­FORE ENACTED by the Authority aforesaid, That all and all Manner of Crimes and Offences, Matters and Causes whatsoever, to be enquired of, heard, tried and determined by Virtue of this or any other Act or Law of this Province, or otherwise, shall and may be enquired of, heard, tried and determined by Judges, Justices, Inquests and Witnesses qualifying themselves according to their consci­entious Persuasion respectively, either by taking a corporal Oath, or by taking the solemn Affirmation allowed by Act of Parliament to those called Quakers in Great Britain.

WHICH Affirmation of such Persons as concientiously refuse to take an Oath, Affirmation to have the Effect of an Oath. shall be accounted 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 falsly and corruptly affirming or declaring any Matter or Thing, which, if the same had been upon Oath, False Affir­mations to be punished as Perjury. would by Law amount to wilful and corrupt Perjury, shall incur the same Penalties, Disabilities and Forfeitures as Persons con­victed of wilful Perjury do incur by the Laws of Great Britain.

AND that upon all Trials of the said capital Crimes, UponTrial of capitalCrimes Challenges to be allowed & Council as­signed to Pri­soners, and P [...]oc [...]ss to bring in Wit­nesses for them. lawful Challenges shall be allowed, and learned Council assigned to the Prisoners, and shall have Process to compel Witnesses to appear for them upon any of the said Trials. But before such Witnesses shall be admitted to depose or 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 Laws of this Province obliged to do: And if convicted of any wilful Perjury in such Evidence, If such Wit­nesses be con­victed of Per­jury to be punished, &c. 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 wilful Perjury.

BUT if any of the said Prisoners shall upon their Ar­raignment for any of the said Crimes stand mute, Mute Persons suffer as Fe­lons convict, &c. or not [Page 160] 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 Benefit of their Clergy.

Persons con­vict to suffer as in England.AND when any Person or Persons shall be so as afore­said convicted or attainted of any of the said Crimes, they shall suffer as the Laws of Great Britain now do or here­after shall direct and require in such Cases respectively.

The Justices to give Judg­ment accord­ingly.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 pronounce such Judgment or Sentence against the Persons so attainted or convicted, as their Crimes respectively require, according 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons con­vict of Sodo­my, &c. to suffer as Fe­lons. That if any Person or Persons shall commit Sodomy or Buggery, or Rape or Robbery; which Robbery is done by assaulting another on or near the Highway, putting in Fear, and taking from his Pers [...] Money or other Goods, to any Value whatsoever, he or they so offending or committing any of the said Crimes within this Province, their Counsellers, Aiders, Comforters and Abettors being convicted thereof as abovesaid, shall suffer as Felons, according to the Tenor, Direction, Fo [...] 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, It shall be Murther in Women to conceal the Death of their Bastards. That if any Woman shall be delivered of any Issue of her Body, Male or Female, which, being born alive, should, by the Law, b [...] deemed a Bastard, and that she endeavour privately, either by drowning of secret Burying thereof, or any other Way, either by herself [Page 161] 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 offending being convicted thereof, according to the usual Course of Proceeding in capital Crimes within this Province, 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.

AND if any Person or Persons shall counsel, Access [...]ries to such Murder. advise or direct such Woman to kill the Child she goes with, and after she is delivered of such Child, she kills it, every such Person so advising or directing, shall be deemed accessary to such Murder, and shall have the same Punishment as the Principal shall have.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Statute against Stab­bing, The Statute against Stab­bing extend­ed hither. made in the first Year of the Reign of King Iames the First, Chapter the Eighth, entituled, An Act to take away the Benefit of the Clergy for some kind of Manslaughter, shall be duly observed and put in Execution in this Province, and be of like Force and Effect as if the same Act were here repeated and enacted; Access [...]ries. but that all such Persons as shall happen to be present and Aiding to the Stabbing another, which by the said Act is made Murder, shall not be deemed Principals, but Accessaries to such Stabbing.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons, Persons con­victed of put­ting out an E [...]e, or dis­abling any Member shall suffer as Fe­lons. on Purpose, and of Malice-forethought, and by laying in Wait, shall unlawfully cut out or disable the Tongue, put out an Eye, slit the Nose, cut off 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 Offence as aforesaid, shall suffer Death, as in Cases of Felony, without Benefit of Clergy.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That another Statute, Note, The Act of Parliament o [...] t [...]e 1 st Jac. [...]. is r [...]pea [...]d. made in the first Year of the Reign of King Iames the First, Chapter the Twe [...]th, entituled, An Act against Conjuration, Witch­cr [...]t and Dealing with evil and wicked Spirits, shall be [Page 162] duly put in Execution in this Province, and of like Force and Effect as if the same were here repeated and enacted.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons con­vict of Bur­glary shall suffer Death, without Bene­fit of Clergy. That if any Person or Perso [...] shall be so as aforesaid convict of Burglary; which is a Breaking and Entering into the Dwelling-House of anoth [...] in the Night-time, with an Intent to kill some reasonable Creature, or to commit some other Felony within the same House, whether the felonious Intent be executed or not, h [...] or they so offending within this Province, being convicted thereof as aforesaid, shall suffer Death, without Benefit [...] Clergy; any Law of this Province to the Contrary not­withstanding.

Persons con­victed of bur­ning Houses, &c. shall suf­fer Death:AND if any Person or Persons shall be so as aforesaid convicted of maliciously and voluntarily burning the Dwel­ling-House, Barn, Stable or Out-House 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 notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, If the Princi­pal Offender stands mute, or challenges above 20 of the Jury, Ac­cess [...]ries may nevertheless be proceeded against, &c. 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 t [...] 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 Principal Felon shall be admitted to the Benefit of his Clergy, par­doned or otherwise delivered before Attainder; and every such Accessary shall suffer the same Punishment, if he [...] 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Concealers of Robbers, &c. if they pray the Benefit of this Act, not to suffer Death That if any Person or Persons shall receive, harbour 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 [Page 163] 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 Offences; if he or they pray to have the Benefit of this Act, in Lieu of Clergy, Judg­ment of Death shall not be given against them upon such Conviction, nor Execution awarded upon any Outlawry for such Offence, but they shall be burnt in their Hands, in Manner as herein after directed.

PROVIDED ALWAYS, Though the principal Fe­lon is not ta­ken, Accessa­ries may be prosecuted. That if any such Principal Robber or Burglar, Felon or Thief cannot be ta­ken so as to be prosecuted and convicted for any such Offence, nevertheless it shall be lawful to [...]osecute [...] punish every such Person and Persons, buy [...]g or receiving any Goods stolen by any such Principal Felon, knowing the same to be stolen, as for a Misdemeanor, to be p [...]nished by Fine and Imprisonment, or other such corporal Punishment as the Court shall think fit to inflict, altho' the Principal Felon be not before convict of the said Felony: Which Punishment shall exempt the Offender from being p [...]nished as Accessary if such Principal Felon shall afterwards be taken and convicted.

AND BE IT FURTHER ENACTED by the Authority aforesaid, If Persons in­dicte [...], &c. will not ap­pear, Capias shall be awar­ded. That if any Person or Persons who have been indicted or appealed, or hereafter shall be indicted or appealed for any of the said Crimes, did not, or will not appear to answer 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 are, by such Indictment or Appeal, sup­posed to be conversant or inhabit, returnable before the Justices of that Court where such Party is or shall be so indicted or appealed, at the Supream 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: If not found, the Sheriff to make Procla­mation in Quarter Ses­sions, &c. And if he or they cannot be found, the Sheriff shall make Proclamation in every Court of Quarter-Sessions which shall be held for she said County where the said Party indicted or appealed [...] supposed to inhabit or be conversant as aforesaid, That he or they being so indicted or appealed shall appear before the said [...]ustices at the said Supream-Court, on the Day of the Return of the said Writ of Capias, to answer our Lord the King, or to [Page 164] 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 Sheriffs three Months before the Return thereof; How the Jus­tices, after such Writ be­ing served & returned, and the Offender does not ap­pear, shall proceed, &c. 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 his Body to the Sheriff, he shall be, by the Justices of the said Supream-Court, pronounced Out-law'd, and attainted of the Crime whereof he is so indicted or appealed as aforesaid. And from that Time shall forfeit and lose all his Lands and Tene­ments, All Forfei­feitures here­in mentioned shall, after the Criminals Debts are paid, go, one Half to the Governor, & the other Half to the Crimi­nals Wife and Children. If no Wife & Children, to the next of Kin; and if not claimed in; Years to the Governor. Goods and Chattels. Which Forfeiture, and all other Forfeitures expressed or implied by the Judgment to be given upon the said capital Offences mentioned in this Act, after such Criminals just Debts and reasonable Charges of their Maintenance 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 de­scending lower than the second Degree; to be cl [...]imed within three Years after the Death of such C [...]iminals; otherwise the same shall go to the Governor as aforesaid; any Law or Usage to the Contrary notwithstanding.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons con­victed of ca­pital Crimes liable to be ar­rested by their Creditors, and Executi­on may go a­gainst their Lands, &c. 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 Go [...]ds and Chattels attached to answer the Suits of their respective Creditors, who making due Proof that the Debts or Sums demanded are really and without Fraud due, shall recover Judgment for the same, and Executions may be awarded against the Lands, Goods and Chattels of such Defendants, as is usual in other Cases.

Breakers of Prisons.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.

[Page 165]AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons con­victed of ca­pital Felonies, in which they ought to have the Benefit of the Clergy, may pray the Benefit of this Act; and, without Rea­ding shall be as Clerks con­vict, & burnt in the Hand. 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 [...]equired to read, but without any Reading shall be allowe [...] 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 Goaler in open Court, as is usual in Great Britain; which shall be effectual to all Intents and Purposes, 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 Offenders shall be tried and convicted, shall also, The Justices may award such Offen­ders to some House of Cor­rection, &c. at their Discretion, award and give Judgment, That such Offender and Offenders shall be committed to some House of Cor­rection, or Publick Work-House within the County, City, Town or Place where such Conviction shall be, there to re­main and be kept without Bail or Mainprize 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 Judgment and Award; and such Offender and Offenders so judged and awarded to remain and be kept in such House of Correction or Publick Work-House, shall be there set at Work and kept at hard Labour, for and during such Time as shall be so adjudged and recorded: If the Offen­ders refuse to Work, then to be correc­ted. And in Case such Person or Per­sons shall refuse or neglect to work and labour as they ought to do, the Master or Keeper of such House of Cor­rection, or Publick Work-House respectively, is hereby re­quired to give such Persons such due Correction as shall be fit and necessary in that Behalf.

AND BE IT FURTHER ENACTED by the Authority aforesaid, If Offenders escape and be re-taken, not to be commit­t [...], &c. for less than Twelve-Months, no [...] above 4 Years 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 Publick Work-House as he, she or they shall be committed unto as aforesaid, such Person or Persons being afterwards re-taken shall be brought before one or more of the Provincial Judges, or before two or more of the Justices of the Peace of such [Page 166] County, City, Town or Place where such Offender or Of­fenders shall be so re-taken; which Judge or Justices are hereby required to commit such Offender and Offenders to some House of Correction, or Publick Work-House, within such County, City, Town or Place where he, she or they shall be so re-taken, there to remain without Bail or Main-prize, for any Time not less than twelve Months, and not exceeding four Years, to be accounted from the Time of such Re-taking, and there be set at Wo [...]k, and kept at hard Labour, and receive such due Correction as aforesaid.

If the Master of such [...]ouse of Correction neglect his Duty, any Provincial Judge may re­move him.AND in case any Master or Keeper of any House of Correction, or Publick Work-House, shall neglect to do his Duty as above directed, any Judge or Justice of Goal Delivery, upon Complaint, and due Proof thereof, upon the Oath or Affirmation of one or more Witnesses, to him made, shall be and is hereby impowered to remove such Person from his said Office.

AND BE IT [...]URTHER ENACTED by the Authority aforesaid, A Woman convicted of Felony, may pray the Be­nefit of this Act, be [...] in the Hand, and kept in Prison, &c. That [...] a Man being con­victed of any Felony, for which he [...] the Benefit of his Clergy; if a Woman be [...] same, or like Offence, upon her Prayer to have [...] of this Act, Ju [...]me [...]t of D [...]th shall not be [...] her upon such Conviction or Execution awarded [...] Outlawry for such Of [...]nce, but s [...]all su [...]er the same P [...]nishment as a Man should suffer that has the Benefit o [...] hi [...] Clergy all [...]wed him in the like Case, That is to say, [...] be burnt in the Hand in Manner aforesaid; and further to be kept in Pri­son for such Time as the Justices in their Discretion shall think fit, so as the same do not exceed one Year.

Persons who had once the Benefit of this Act being a­gain convic­ted, &c shall suffer Death.BUT if any Man or Woman who have once 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 and Woman shall be and are hereby t [...]tally ex­cluded from having any Benefit or Advantage of this Act, but shall suffer Pains of Death as in Cases where the Benefit of Clergy is by Law taken away.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Felonies com­mitted in one County, and Accessaries in another, In­dictment a­g [...]inst such Access [...]ry shall be effec­tual. That where any Murder or Felony hath been or hereafter shall be committed in one County of this Province, and one or more Persons shall be [Page 167] Accessary or A [...]cessaries to any such Murder or Felony in another County; that then an Indictment found or taken against any such Accessary or Accessaries, upon the Circum­stance of such Matter before Justices of the Peace, or other Justices or Commissioners, to enquire of Felonies in the County where such Offences of Accessary or Accessaries in any Manner have been or [...] be committed or done, shall be as good and effectual in Law, as if the said principal Offence had been committed or done within the same County where the Indictment against such Accessary hath been or shall be found.

AND that the Justices of the said Supream-Court, Justices of the [...] Supream-C [...]urt shall [...] to the [...] of the Records, to know whether such [...] h [...]s been convic­ted, &c. And it appe [...]ring that such Princip [...]l is [...], &c. they may pro­ceed [...] the Accessary. 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, c [...]nvicted, or otherwise dischar­ged of such principal [...]elony: 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 so have the Custody of such Records, do certify, that such Principal is attainted, convicted, or otherwise discharged of such Offence by the Law, then the Justices of Goal-Delivery or O [...]er and Terminer shall proceed upon every such Accessary in the County where he or they became Accessary, in such Manner and Form as if both the said principal Offence and Accessary had been committed and [...] in the same County where the Offence of Accessary was or shall be committed or done.

AND that every such Accessary, Every such Accessary to [...] and 3 d of Ed VI. Chap. 24. and other Offenders above expressed, shall answer upon their Arraignments, and receive such Trial, Judgment, Order and Execution, and suffer such Forfeitures, 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, entituled, An Act for the Trial of Mur­ders and Felonies committed in several Counties, doth direct in such Cases; which Statute shall be observed in this Pro­vince; any Law or Usage to the Contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Penalties, &c. on [...] of Pe [...]jury. That every Person who shall unlawfully and corruptly procure any Witness to commit [Page 168] wilful and corrupt Perjury in any Matter or Cause depen­ding in Suit and Variance in any of the Courts of Judica­ture within this Province, or shall unlawfully and corruptly procure and suborn any Witnesses to testify upon Oath or Affirmation, in any Matter, Cause or Thing whatsoever, such Offender shall forfeit the Sum of Forty Pounds, one Half thereof to the Governor, for the Support of this Govern­ment, and the other Half to the Party grieved: But for want of Lands, Goods or Chattels to satisfy the said Forty Pounds, every such Offender, being convicted or attainted of Perjury or Subornation aforesaid, shall, for his said Of­fence, suffer Imprisonment by the Space of six Months, without Bail, and stand on the Pillory the Space of one whole Hour, in some Market or publick Place where the Offence was committed; and shall suffer all the other P [...] ­nishments, Penalties, Forfeitures and Disabilities which are inflicted upon such Offenders by any Law or Statute of Great Britain.

The Statute of 5 th of Eliz. Ch. 9. against Perjury shall be observed here.AND that the Statute made in the Fifth Year of Queen Elizabeth, Chapter the Ninth, entituled, An Act for Punishment of such Persons as shall procure or commit any wilful Perjury, shall be observed in this Province, and be duly put in Execution, as well against those who shall fal­sify their Affirmations, as those who shall falsify, their Oaths or be convicted of Subornation or Perjury.

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, Justices of Goal-Delive­ry to give Judgment of Death against Persons re­prieved. for which Judgment of Death should or may ensue, and shall be reprieved to Prison without Judg­ment at that Time given him, her or them so found guilty; that those who now are, or hereafter shall be assigned Justi­ces, or deliver the Goal where any such guilty Persons shall remain, are hereby impowered 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.

No Process to be disconti­nued by, &c.And that no manner of Process or Suit made, sued, or had before any of the King's Justices of the Supream or Provincial Court, Goal-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 [Page 169] making and publishing of any new Commission or Associa­tion, or by altering the Names of the Justices of the said Supream-Court, Goal-Delivery, Oyer and Terminer, Justi­ces of the Peace, or other the King's Commissioners; but that the new Justices of the Supream-Court, Goal-Delivery and of the Peace, and other Commissioners, may proceed in every respect as if the old Commissions and Justices, and Commissioners, h [...]d still remained and continued unaltered.

AND that no Proc [...]ss, Pleas, Plaints, Suits, Nor by the Death or Re­moval of the Proprietary, &c. Actions or Proceedings whatsoever, which now are, or at any Time hereafter shall be commenced, sued, brought or depending before any of the said Justices of the Supream-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 without 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 Commissioners, or any of them; but shall stand good and effectual in Law to all Intents and Purposes, notwithstanding the Death or Removal of the said Proprietary and Governor, or of the Death, new Commission, Association, or not coming of the said Justices, or any of them.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person or Persons, The Punish­me [...]t of Per­sons convic­ted of Larce­nies; for the fi [...]st Offence. 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 respective County where such Offence 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 Offence, restore the Goods and Chattels so stolen to the right Owner or Owners thereof, or shall 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 Affirmation; and the said Offenders shall also [...]ay the Costs of Prosecution, with all such other Sums of Money as the same Court shall allow for such Owner or Owners Loss of Time, Charges and Disbursement in the Apprehending and Prosecution of such Offender.

[Page 170] Further Pu­nishment for the fi [...]st O [...] ­fence.AND moreover shall forfeit and pay the like Valu [...] of the Goods to the Governor, for the Support of this Govern­ment, and shall be committed to the common Goal 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 public [...]ly whipped on his or their bare Back with Stripes well, [...] on, not exceeding Twenty-one.

For the Se­cond.AND that he or they who shall so as aforesaid be con­victed of the second Offence, and his and their [...] Comforters and Abettors, shall pay to the right Owner▪ [...] Owners of the Goods and Chattels so stolen, the full Valu [...] of such Goods and Chattels, or of so much of them [...] are not restored; which Value shall be set as aforesaid [...] and the said Offenders shall also pay the Costs and Charg [...] aforesaid; to be allowed as above-mentioned.

AND moreover, shall forfeit and pay the double Va [...] of the said Goods to the Governor, for the Support of [...] Government, and shall be committed in the common [...] the County where they are convicted, there to remain [...] they make Satisfaction as aforesaid, and shall be publickly whipped on their bare Backs, with Stripes well laid [...] not less than Twenty-one, nor exceeding Forty.

For the third.AND he or they who shall be so as aforesaid convicted of the Third Offence, and his or their Aiders or Abetto [...] shall pay to the right Owner or Owners of such [...] Goods the full Value thereof, to be set as aforesaid, and [...] said Offenders shall also pay the Costs and Charges aforesaid to be allowed as aforesaid; and shall also forfeit and pay [...] like treble Value to the Governor, for the Support of [...] Government, and shall be committed to the County Goal there to remain till they make Satisfaction as aforesaid, and shall be publickly whipped on his or their bare Ba [...] ▪ with Stripes well laid on, not less than Thirty-nine, not exceeding Fifty.

Justices may send the Of­fenders to the House of Cor­rection.AND that the said Justices before whom such Offender [...] shall be tried and convicted of the Third Offence, shall also▪ at their Discretion, award and give Judgment, that such Offenders shall be sent to some House of Correction, or Publick Work-House, 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 [Page 171] 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 herein above directed in other Cases.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority afore­said, That none of the said Imprisonments hereby awarded, Imprison­ments, &c. not to stop Execution a­gainst their Estates. as Part of the Punishment of the said Offenders, or any of them, shall stop or avoid the Awarding or Taking out of Execution 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 Exe­cutions are di­rected to the Sheriffs, &c. returnable to the Quarter-Sessions, and Lands sold as in otherCases. Which Executions shall be directed to the Sheriff or Coroner of the proper County, requiring him to levy the Sums due upon such Recoveries 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 Tests 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 [...] 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 Common-Pleas in the said respective Counties.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Forfei­tures arising [...]rom Simple-Larcenies for Support of Government, shall be paid to the Provin­cial Trea­surer. That all the said Forfeitures [...] from Offenders who shall be convicted of the said S [...]ple-Larcenies, and by this Act directed to be applied for [...]upport of Government, shall be duly levied by the Sheriff [...] of the respective Counties, and shall be paid into the Treasury of this Province from time to time, as soon as the same 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 publick Service of this Government.

PROVIDED, Excepting Philadelphia. That the Forfeitures arising from the said Simple-Larcenies committed within the City of Philadelphia, shall go as their Charter directs.

PROVIDED ALSO, AND IT IS HERE­BY ENACTED AND DECLARED, The Testimo­ny of Owners of stolen Goods to be Evidence. That the Testimony of the said Owners of stolen Goods shall be al­lowed and taken to be good Evidence to convict the said [Page 172] Felons for such Stealing: Repeal of two Laws. And that the Law of this Pr [...] ­vince, entituled, An Act against Robbing and Stealing, p [...]ssed in the Fourth Year of the late Queen Anne; and another Act directing the Punishment of Petty-Larceny under Five Shillings, shall be and are hereby repealed.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Such as com­pound for sto­len Goods for­feit twice the Value, &c. But may take the Goods back, &c. That if any Person or Persons shall agree or compound to take Satisfaction for any S [...] ­ing, 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 th Felons.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, No Indict­ment, &c. now depend­ing shall be discontinued. That no Indictment, Presentment, or Inquisition, or any Process whatsoever, now depending in any Court within this Province for any of the Crimes or Offences mentioned in this Act, shall be discontinued, abated or quashed for or by Reason of this Act, or any thing therein contained; but that the Judges and Justices of the respec­tive Courts within this Province shall proceed to hear, try and determine the said Offences in such Indictments, P [...] ­sentments and Inquisitions, mentioned to be commi [...]ed [...] ­gainst any Act or Acts of Assembly of this Province as were in force at the Time of finding, making or taking the said Indictments, Presentments and Inquisitions, and there­upon to give Judgment, and award Execution, accord [...] to the Direction of the said respective Act [...] of Assemb [...], upon which the said Indictments, Presentments or Inq [...] ­tions are founded, as if the same Act or Acts of Assem [...] were by a special Clause in this Act continued for that Purpose; any thing herein contained to the Con [...]y notwithstanding.

CHAP. CCXVII. An ACT for Supplying some Defects in the Law for the Relief of the Poor. Vide Chap. 146. antea, and Chap. 329. 3 Geo. II. postea ▪

WHEREAS by a Law of this Province, entituled, An Act for the Relief of the Poor, 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 within the said Townships: But it is not ascertained what Settlement shall render one an Inhabitant relieveable by the said Act? BE IT THEREFORE ENACTED by WILLIAM KEITH, Esq by the King's Royal Approbation Deputy-Lieutenant and Governor under WILLIAM PENN, Esq 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 where any unmarried Person, not having Child or Children, If an unmar­ried Person be hired as a Ser­vant, & abide in the same Service one Year, it is a Settlement. 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 one whole Year, such Service shall be adjudged and deemed a good Settlement therein.

Apprentice­ship a good Settlement.AND if any Person shall be bound an Apprentice by Indenture, and inhabit in any City or Township in this Province, such Binding or Inhabiting shall be adjudged [...] good Settlement.

He that bears an Office for a Year, pays Taxes, &c. gains a 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 publick annual Office or Charge in the said Township or District during one [Page 175] whole Year, or 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, No other Per­son shall be deemed to have gained a Settlement, unless he take a Lease of a Tenement of 5 l. per Ann. or give Security. Township or District within this Province, shall be adjudged to have procured a legal Settlement 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, City, Township and District, to be allowed by any two Justices of the Peace or Magistrates of such County or City.

PROVIDED ALWAYS, Persons come out of other Counties, &c. if required to return, &c. not to be deemed to acquire a Settlement by their continu­ance. That where any Per­son or Persons are come into any County, City, Township or District in this Province, 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 or neglecting so to do, shall not be deemed to have acquired a legal Settlement by their Con­tinuance in the Place or Places where they are so come to inhabit; Such Persons refusing to re­turn, &c. two Justices may, by their War­rant, remove them to the Place where they last set­tled. but that upon Complaint made by the Overseers of the Poor of the proper Township or District, to any one or more of the Justices of Peace or Magistrates of the pro­per County or City respectively, where any of the said Persons (refusing or neglecting to return or give Security, or coming to settle in any Tenement or Plantation under the said yearly Value of Five Pounds, 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 Township 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, Housholder, Sojourner, Apprentice or Servant, unless he or they give sufficient Security for the Discharge of the [Page 176] said County, City or Township; to be allowed by the said Justices.

TheParty ag­grieved by such Order may appeal to the next Ses­sion [...].PROVIDED ALWAYS, That if any Person or Persons shall find, him, her or themselves aggrieved by any Order or Determination which any of the said Justices of the Peace or Magistrates shall make in any of the Cases abovesaid, such Person or Persons shall have Liberty to ap­peal to the next General Quarter-Sessions of the Peace for the County or City where such Determination shall [...] made: Who [...] [...] ­nally deter­mi [...] the sam [...], and a­ward [...] &c. Who upon Hearing of such Appeal shall have [...] Power finally to determine the same, and to award [...] as the Justices of the Peace at their Quarter-Session [...] [...] Gre [...]t Britain, by a Statute made in the Eighth and [...] Year of King William the Third, are impowered and [...] ­quired to do in such Cases.

TheOverseers whereto any shall be re­moved, are to receive them, on Penalty, &c.AND if any Person be removed by Virtue of this [...] from one County, City, Township or Place to another [...] Warrant under the Hands and Seals of two Justice [...] of [...] Peace or Magistrates as aforesaid, that the Overseers of [...] Poor of the Township or District to which the said Perso [...] shall be so removed are hereby required to receive the [...] Persons: And if any of the said Overseers shall refuse [...] neglect so to do, he or they so offending, upon Proo [...] thereof by one or more credible Witnesses, upon Oath [...] Affirmation before any one of the Justices of the Supream-Court of this Province, shall forfeit for each Offence the Sum of Five Pounds, to the Use of the Poor of the Township or District from which such Person was removed; to be le [...]ied [...] Distress and Sale of the Offender's Goods, by Warrant under the Hand and Seal of the Justices of the said Supream-Court, which they are hereby impowered and required [...] make, directed to the Constable of the Township where such Offender or Offenders dwell, returning the Overp [...], if any be, to the Owner or Owners: And for want of [...] ­ficient Distress, then the Offender to be committed to t [...]e Goal of the County where he dwells, there to remain wit [...] ­out Bail or Mainprize for the Space of Forty Days.

Persons ag­grieved with Judgment of the two Jus­tices may ap­peal to the Quarter-Ses­sions, who may deter­mine, &cPROVIDED ALWAYS, That all such Persons who think themselves aggrieved with any such Judgment of the said two Justices, may appeal to the next Gene [...]l Quarter-Session [...] of the Peace to be held for the County [...] City from which the said Person was so removed: And th [...] the Appeal against any Order for the Removal of [...] [Page 177] po [...] Person out of any Township [...]or Place shall be had, prosecuted and determined at the General or 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 consumed by the idle, sturdy and disorderly [...]eggars, BE IT FURTHER ENACTED by the Authority aforesaid, Poor Persons relieved by any County, &c. to [...] a Badge, &c. That every such Person as from the Twenty-fourth Day of Iune, in this present Year [...] T [...]usand 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 an impotent and [...]elpless 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 he [...]inafter mentioned and expressed, That is to say, a large Rom [...]n [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 appointed.

AND if any such poor Person shall at any time neglect [...] refuse to wear such Badge or Mark as aforesaid, Punishment on such poor Persons not wearing a Badge. and in Manner aforesaid, it shall and may be lawful for any Jus­tice of the Peace of the County, City or Place where any [...]uch Offence shall be committed, upon Complaint to him for that Purpose made, to punish every such Offender for every [...]uch Offence, either by ordering of his or her Relief, or [...] Allowance on the Collection, to be abridged, suspen­ded or withdrawn; or otherwise, by committing such Of­ [...]ender to the House of Correction, there to be whipped and kept at hard Labour for any Number of Days not exceed­ing Twenty-one, as to the said Justice shall seem meet.

AND if any such Overseer of the Poor shall relieve any such poor Person not having and wearing such Badge or Mark as aforesaid, being thereof convicted, If the Over­seers relieve such as [...] not the said Badge, shall forfe [...], & [...]. upon the Oath or Affirmation of one or more credible Witnesses, before any Justice of the Peace of the County or City where such O [...]ence shall be committed, shall forfeit, for every such [Page 178] Offence 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 [...] Poor of the Township or Place where the Offence shall [...] committed.

CHAP. CCXVIII. An ACT to supply some Omissions in a [...] passed at the last Sessions of Assembly, h [...]ld for this Province, entituled, An Act for Raising [...] Duty of Tonnage upon Ships and Vessels.

Exp.

CHAP. CCXIX. An ACT for the better Encouraging the Trade of this Province.

Obsolete.

CHAP. CCXX. An ACT for laying a Duty on Wine, [...] Brandy and Spirits, Cyder, Hops and Flax, i [...] ­ported into this Province.

Expired.

CHAP. CCXXI. An ACT concerning Feme-Sole Traders.

WHEREAS it often happens, That Marin [...] and others, whose Circumstances as well as V [...] ­cations oblige them to go to Sea, leave their Wives in a Way of Shop-keeping; and such of them [...] are industrious, and take due Care to pay the Merch [...]t [...] 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 [...]npaid by their Husbands at their going away: But some of those Husbands have so far lost Sight of their Duty to th [...] Wives and tender Children, that their Affections are turned to those who in all Probability will put them upon Me [...] ­sures not only to waste what they may get abroad, bu [...] [Page 179] 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 the Goods and Effects which such Wives acquire or are intrusted to [...]ell in their Husband's Absence, may be preserved for Satis­fying of those who so intrust them, may it please the Go­vernor that it may be Enacted, AND BE IT E­NACTED by WILLIAM KEITH, Esq by the King's Royal Approbation Lieutenant Governor under WILLIAM PENN, Esq 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 where any Mariners or others are gone or hereafter shall go to Sea, leaving their Wives at Shop-keeping, Who shall be adjudged to be Feme-s [...]le-Traders, and may sue and be sue [...]. 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 Law in any Court or Courts of this Province, during their Husbands natural Lives, without naming their Husbands in such Suits, Pleas or Actions: Debts being contracted by the Wife, in the Absence of the Hus­band, unless for Mainte­nance of her­self and Chil­dren, Executi­on to be awar­ded against her Goods & Chattels. 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 Executions are returnable, that such Wives have, out of their separate Stock or Profit of their Trade, p [...]id 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 personal of [...]ch Husbands, to the Value so paid or laid out, and no more.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Sales, &c. [...]. Lands made abroad by ab­sent Husbands are void, un­less sufficient Provision [...]e made for, & [...]. That if any of the said absent Husbands, being Owner of Lands, Tenements, or other E [...]tate in this Province, have [...]liened, or hereafter shall give, grant, mortgage or alienate from his Wife and Chil­dren any of his said Lands, Tenements or Estate, without m [...]ing an equivalent Provision for their Maintenance, in Lieu [Page 180] thereof, every such Gift, Grant, Mortgage or Alienation shall be deemed, adjudged and taken to be null and void.

The Husband being Ship­wreck'd may fell so much as to bring him home.PROVIDED NEVERTHELESS, Th [...]t if such absent Husband shall happen to suffer Shipwr [...]c [...] or be by Sickness or other Casualty disabled to maintai [...] himself, then and in such Case, and not otherwise, it shall be lawful for such distressed Husband to sell or [...] so much of his said Estate as shall be necessary to [...] him and bring him home again to his Family, any [...] herein contained to the Contrary notwithstanding.

The Lands of the Husband staying away, or living inA­dultery, may be seized and taken in Exe­cution.BUT if such absent Husband, having his Health [...] Liberty, stays away so long from his Wife and Childr [...], without making such Provision for their Maintenance [...] ­fore or after his going away, till they are like to bec [...] chargeable to the Town or Place where they inhabit [...] in case such Husband doth or shall live in Adultery, [...] cohabit unlawfully with another Woman, and refuses [...] neglects, within seven Years next after his going to [...] departing this Province, to return to his Wife and [...] with her again, then and in every such Case the [...], Tenements and Estate belonging to such Husbands, [...] and are hereby made liable and subject to be seized [...] taken in Execution, to satisfy any Sum or Sums of [...] which the Wives of such Husbands or Guardians of [...] Children shall necessarily expend or lay out for their [...] ­port and Maintenance: Which Execution shall be [...] upon Process of Attachment against such Estate, [...] the absent Husband shall be made Defendant; any Law [...] Usage to the Contrary in any wise notwithstanding.

CHAP. CCXXII. An ACT for continuing the Duty on N [...]g [...] brought into this Province.

Expired.

CHAP. CCXXIII. An ACT for Raising a [...] [...]pon Tonnage of Ships and Vessels.

Expired.

CHAP. CCXXIV. An ACT for Erecting of Houses of Correction and Work-Houses in the respective Counties of this Province.

WHEREAS the Proprietary, and first Adven­turers, in their Principal Model of this Govern­ment, Preamble. proposed, That for Crimes inferiour to Murder, the Punishment might be by Way of Restriction, 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 Labour: But no effectual Care has been yet taken to erect such Houses; by Reason whereof many Evil-Doers e [...]cape unpunished, and Servants, who, for Neglect and Abuses, should be kept to Work in such Houses, are become incor­ [...]igible: Therefore may it please the Governor that it may be Enacted, AND BE IT ENACTED by WILLIAM KEITH, Esq by the Royal Approbation Deputy-Lieutenant and Governor under WILLIAM [...]ENN, Esq 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 from and after the First Day of May, Justices of the Peace at the Quarter-Ses­sions have Power to make Orders for Building of Houses of Correction, &c. 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, i [...] Conjunction with the Justices of the Peace of the County of Philadelphia, and for the Justices of the Peace of other respective Counties of this Province, assembled at any Quarter-Sessions of the Peace within the same respective Counties, or 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 Correction and Work-Houses, with convenient Back-sides or Yards there­unto adjoining, in some convenient Places within their se­veral Counties or Towns corporate: For the Doing and Performing 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 the same, [Page 182] 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. Their Use. 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 the Quarter-Sessions of the Peace, to be holde [...] within every County of this Province, upon Trust, to the the Intent the same shall be used and imployed for the Keeping, Correcting and Setting to Work of all Rogues, Vagabonds, sturdy Beggars, and 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 at Work, in such Houses and Backsides.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Time li­mitted for the Building the said Houses in each of said Counties. That within the Space of three Years, after the Twenty-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 the said City and County of Philadelphia; and a House of Correction or Work-House shall be built in Chester, at the Charge of the the County of Chester; and another House of Correction or Work-House shall be built in Bristol, at the Charge of the County of Bucks.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Officers to be elected and chosen. 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 Work-Houses 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 respec­tive Counties, the Power to 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.

Who shall be accountable yearly, &c.AND the said President, Treasurer and Assistants for the Time being, shall be accountable for all their Disbursment [...] [Page 183] 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, Imbezzlement 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 impowered 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 Governor to condescend that it may be further Enacted, AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said President, And are made Bodies poli­tick and cor­porate in Law; and have a perpe­tual Successi­on; may sue and be sued, &c and may receive Lands to the V [...]lue 300 l. per Ann. &c. Trea­surer and Assistants for the Time being, respectively, shall, forever hereafter, in Name and Fact, be Bodies politick and corporate in Law, to all Intents and Purposes; and shall have a perpetual Succession, and may sue or be sued, and plead or be impleaded, by the Name of the President, Treasurer and Assistants for the Poor of the said respective Counties, in all Courts 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 Chattel [...] whatsoever into or for the Use and Benefit of the Corpo­rations aforesaid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said President, And shall give punctual and constant Attendance, to receive and execute all Orders, &c. Trea­surer and Assistants, or one of them, at least, in each County aforesaid, respectively, shall give punctual and constant At­tendance at the Work-Houses and Houses of Correction to which they respectively belong, there to receive and exe­cute the Orders given by the Commitments 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 said Work-Houses all Vagabonds, unruly Servants, and other idle or disorderly Persons, and the said Officers, in each County respectively, shall make Return to every Court of Quarter-Sessions, duly, of their Proceedings in the Premises.

[Page 184]AND BE IT FURTHER ENACTED by the Authority aforesaid, Upon their certifying the Want of Stock▪ &c the said Justices may cause the same to be raised as County-Le­vies, to the Value of, &c. That when the President, Trea­surer and Assistants of any of the said Corporations shall certify, under their Hands and Seals, their Want either of present Stock for the Beginning 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 Sum [...] of Money as they shall deem competent for the Purposes aforesaid, and to cause the same to be raised as County Rates are usually levied, so that they do not exceed, for the City and County of Philadelphia, the yearly Value of Four Hundred Pounds; for the County of Chester, the yearly Value of Two Hundred Pounds; and for the County [...] Bucks, the yearly Value of One Hundred Pounds.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Under-Offi­ce [...]s to be cho­sen, &c. who are to be Aid­ing and Assis­ting, &c. That the President, Treasurer and Assistants of any of the said Corporations, or Houses of Correction or Work-Houses, are hereby impowered [...] choose and entertain all such Officers as shall be needful to be imployed 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 them reasonable Allowances for their Services out [...]f 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 imployed by them in the Exe­cution and Performance of the said Service.

CHAP. CCXXV. An ACT for Erecting a Ferry to the Landing at or near the Land late of Daniel Cooper, de­ceased, and also to Gloucester, in the Western-Division of New-Jersey.

Supplied.

CHAP. CCXXVI. An ACT for establishing a Ferry over Delaware, at the Falls.

Expired.

CHAP. CCXXVII. 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.

Expired.

CHAP. CCXXVIII. An ACT impowering the Iustices to settle the Prices of Liquors in Publick-Houses, and Pro­vender for Horses in Publick-Stables.

WHEREAS it has been the Practice of Tavern-keepers, Ale-House-keepers and Innholders, to exact excessive Rates for their Wine, Beer, Cyder and other Liquors, and also Provender for Horses, without Regard to the Plenty and Cheapness thereof: BE IT THEREFORE ENACTED by WILLIAM KEITH, Esq by an [...] with the King's Royal Approbation Deputy-Lieutenant and Governor under WILLIAM PENN, Esq 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 the Justices of the Peace of the respective Counties of this Province, as also the Mayor, Who are ap­pointed by this Act to set Prices on Li­quors, &c. the Method how and when. 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 Publick-Houses, and Provender for Horses in Publick-Stables from time to time as they shall see fit: Which Prices shall be proclaimed by the Cryer at the Conclusion of their respective Sessions, and fixed upon the Court-Houses Doors, for publick View.

AND if any publick Ale-house-keeper, Tavern-keeper, Penalties on offending a­gainst their Orders. Innholder or publick Stable-keeper, exceed the Prices so set by the Justices, and be convict thereof, by Oath or Affirmation of one or more Witnesses, before one or more Justices of the Peace of the respective Counties of this Pro­vince or City of Philadelphia, every such Offender shall, for the first Offence, be fined in any Sum not exceeding Twenty Shillings, and for the second Offence Forty Shillings, and [Page 186] give Security for their good Behaviour; and for the third Offence, upon Conviction in the Quarter-Sessions of the respective Counties or City of Philadelphia, Five Pounds, and not be recommended to keep a Publick-House or T [...] ­vern for the Space of three Years after such Conviction.

CHAP. CCXXIX. An ACT laying an Excise or Duty on all Wine, Rum, Brandy, and other Spirits, retailed in this Province.

Expired.

CHAP. CCXXX. An ACT for continuing several Acts therein mentioned, laying a Duty on Wine, Rum, Brandy, Spirits, Cyder, Hops and Flax, Negroes and Vessels, until the Fourteenth Day of May, in the Year 1722.

Expired.

CHAP. CCXXXI. An ACT for Erecting and Maintaining of Pownds.

Repealed.

CHAP. CCXXXII. An ACT for Regulating Party-Walls, Buildings and Partition-Fences in the City of Philadelphia.

WHEREAS divers Inconveniencies, Irregularities and Controversies 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, BE IT ENACTED by WILLIAM KEITH, Esq by the Royal Approbation Deputy-Lieutenant and Governor un­der WILLIAM PENN, Esq 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, No Founda­tion of any Building to be laid by any Person before applying to the Regula­tors; who are to be appoin­ted by the Mayor, &c. 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 Building 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 impowered to appoint two or more discreet and skilful Persons for that Purpose.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said Surveyors or Regulators, Their Power. 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 Persons 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.

[Page 189]AND BE IT FURTHER ENACTED by the Authority aforesaid, Penalty on laying a Foundation without being viewed, &c. That if any Person or Persons shall, of their own Authority, presume to begin or lay the Foundation of any Party-Wall before the same be viewed and directed by the said Regulators, or some two of them, every such Person, as well Imployer as Master-Builder, shall forfeit the Sum of Five Pounds ▪ one Half to the Prosecutor or Informer, and the other Half to the publick 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.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority afore­said, Persons find­ing them­selves aggrieved, &c. may apply to the Mayor, &c. That if either Party between whom such Foundation or Party-Wall is to be made, shall find themselves anyways aggrieved, by Order or Direction of the said Regulators, he or they may appeal to the Mayor and Commonalty of the said City at their 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said Regulators or Surveyors, attending the said Service, The Regula­tors Reward. 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the Surveyors or Regu­lators, or any two of them, Who have Power to re­gulate Partiti [...]on Fences, & shall have full Power to regu­late Partition-Fences within the said City; and where the adjoining Parties do improve or inclose their Lots, such Fences 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if either Party between whom such Partition-Fence is or shall be made, shall neglect [Page 190] or refuse to pay his Part or Moiety for the Repairing or Setting up of such Partition-Fence as aforesaid, Action at Law may be had against the Party re­fusing to re­pair, &c. that then 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 require.

CHAP. CCXXXIII. An ACT for the Trial and Punishment of Larceny under Five Shillings.

Preamble.WHEREAS small or Petty-Larcenies are fre­quently committed within this Province, by Per­sons unable to maintain themselves in Prison till Prosecution can be made, or to pay the Costs of such Pro­secution, or to make such Restitution and Forfeiture, upo [...] Conviction, as by Law is now required; by Mean [...] whereof a publick Charge is created, with many other great In­conveniencies: For the better preventing whereof, BE IT THEREFORE ENACTED by WILLIAM KEITH, Esq by the King's Royal Approbation Deputy-Lieutenant and Governor under WILLIAM PENN, Esq 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 if any Person or Persons, Punishment, &c. on any Person steal­ing under the Value of 5 [...]. 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 Justices of the Peace in their re­spective Counties within thisProvince, of having feloniously stolen any Money, Goods or Chattels, the same being under the Value of Five Shillings, such Person shall have Judg­ment to be immediately and publickly whipped upon his or her bare Back not exceeding Fifteen Lashes, or be fined, for the first Offence, at the Discretion of the said Magistrates, in any Sum not exceeding Twenty Shillings, and to make Restitution, if able, to the Party wronged; and shall also pay the Charge of the Prosecution and Whipping, or shall be sent to the Work-House, to be kept at hard Labour: [Page 191] And for Want of such Work-House, to be committed to Prison for such Charges, for any Time not exceeding twelve Days; any Act of this Government to the Contrary notwithstanding.

PROVIDED ALWAYS, AND BE IT FURTHER ENACTED by the Authority aforesaid, That if the Person or Persons charg'd with such Larcenies be free, If Security be given for Ap­pearance, and they request to be tried at the General-Sessions, it shall be gran­ted. and shall 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 usual in such Cases. But if the Person charg'd 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 Security for his or her Ap­pearance at the next Court, as is usual in such Cases.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Fair Records of Proceed­ings herein to be kept, &c. 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.

CHAP. CCXXXIV. A Supplementary ACT to a Law of this Province, See before Caps 163. entituled, An Act that no Publick-House or Inn within this Province be kept without Licence.

WHEREAS divers Persons within this Province, Preamble. under Colour of retailing Rum and other strong Liquors without Doors, for the Conveniency and Supply of the Inhabitants in their Families; and for that End having obtained Permits from the Collector of the Excise, do fell 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 Law [...] of this Province. AND WHEREAS divers Innholders or Tavern-keepers do [...]equently entertain and suffer Minors and Servants to be Tippling in their Houses: All which being to the great Damage of the Inhabitants, and manifestly ten­ding to the Corrupting of Youth, and Promoting Vice and Immorality: For preventing thereof, BE IT ENAC­TED by Sir WILLIAM K [...]ITH, Bart. by the King's Royal Approbation Deputy-Lieutenant and Governor un­der WILLIAM PENN, Esq 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 Authori [...]y of the same, No Recom­mendation to issued, &c. be­fore Security given, &c. That no Recommendation shall be issued by the Justices of the respective Counties of this Province, or the City of Philadelphia, in order to obtain Licence from the Governor for the Keeping any Tavern or Publick-House, as directed by an Act of this Province, entituled, An Act that no Publick-House or Inn within this Province be kept without Licence, before the Person or Persons desiring such Recommendation shall become bound in the Prothonotary's-Office unto the Governor for the Time being, with Securi­ty, if required, in any Sum not exceeding One Hundred Pounds, That he or she, on obtaining such Licence, shall, at all Times b [...] of good Behaviour, and observe all the Law [...] and Ordinances which are and shall be made relating to Innkeepers or Taverners within this Province.

[Page 194]AND whosoever shall keep a Tavern, Inn, or publick House of Entertainment be [...]ore he or she hath given Bond as aforesaid, such Person shall suffer the same Penalty as if the same had been done without Licence.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Persons but those qua­lifi [...]d can re­tail Liquors. 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 presume, by Virtue of any Permit from the Collector of the Excise, or under any other Colour or Pretence whatso­ever, to sell, barter with, or deliver any Wine, Rum, Brandy or other Spirits, Beer, Cyder, or any mix'd 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 Shelter, Places or Woods near or adjacent to them, by Companies of Negroes, Servants or others; or to retail or sell to any Person or Persons whatsoever any Rum, Brandy, or other Spirits, by less Quantity or Measure than one Quart; nor any Wine by any less Quantity or Measure than one Gallon; nor any Beer, Ale or Cyder 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 Publick-House, or selling Liquors without Licence.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That no Person or Persons keeping a Publick-House or Inn, Tavern keep­ers not to trust above the Value of [...]0 [...]. shall trust or give Credit to any Person whatsoever for Liquors, or any other Inn- or Tavern-Reckonings in any Sum exceeding Twenty Shillings, under the Penalty of Forfeiti [...]g and Losing any such Debt.

AND if any Innholder or Keeper of a Publick-House, or any Retailers of Liquors within this Province shall re­ceive, harbour, Minors not to be trusted. 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, Guardian, Master or Mistress of such Minor or Servant, in the Presence of one or more credible Witness or Witnesses, such Innholder, Keeper of Publick-House or Retailer of Liquors so offending shall, for the first or second Offence, being duly convicted thereof, forfeit and pay the Sum of Twenty Shillings for every such Offence, [Page 195] over and above the Loss and Forfeiture of any Debt, such Minor or Servant shall [...]r may contract for Liquors or En­tertainment: And, upon Conviction, for the third Offence, the Licence 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 after uncapable of keeping a Publick-House or Inn within this Province.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That no Person whatsoever, within this Province, Forfeitures on ha [...]bou [...]ing o [...] furnishing Slaves [...]ith Liquors. 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, mix'd or unmix'd, either within or without Doors, or shall receive, harbour or entertain any Negroe or Indian Servant in or about their Houses, without special Licence had and obtained, under the Hand of the Master or Mistress of such Negroe or Indian Servant respectively, under Penal­ty of Forfeiting and Paying, for the first Offence, Twenty Shillings, and for the Second, and every Offence after, Thirty Shillings; to be recovered before any one Justice of the Peace of the County where the Offence 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Any Person Suing for a Tavern Debt above 20 [...]. to be non­suited, and p [...]y double Costs. That if any Person or Persons keeping a Publick-House or Inn, or retailing Liquors as aforesaid in this Province shall trust or credit any Person for Liquors retailed, or other Expences, 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 Accomodations, knowing 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 Nonsuit and pay double Charges.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Fines how to be levied and disposed of. That the several Fines imposed by this Act shall be levied by Execution on the Offender' [...] [Page 196] Goods, or his or her Person be committed to the County-Goal, until the same be paid, upon Conviction of the Party before the Mayor or Recorder of the City of Philadelphia, for Offences against this Act committed in the City of Phi­ladelphia; and before any one or more of the Magistrates of the County, for Offences committed in the respective Coun­ties: 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 entertain'd as aforesaid, or to the said Servant, as the Magistrate shall direct; and the other Moiety shall be paid to the Overseers of the Poor of the City and County where the Offence is committed, for the Use of the Poor of the said City and County.

CHAP. CCXXXV. An ACT for preventing Accidents that may happen by Fire. See Geo. II. Chap▪ 314.

BE IT ENACTED by Sir WILLIAM K [...]ITH, Bart. 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 Master, or other Per­son whatsoever, Forfeiture of Fi [...] Pounds on Breaming any Vessel in P [...]i­l [...]lphia, ex­cept in a Place as shall be appointed, &c. 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 Wharffs within the Limits of the City of Philadelphia, except in such Place or Places as shall from time to time be appointed for that Service 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, Oyl, Tallow, or any other 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 causing 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 Offence, together with Costs of Prosecution; [Page 197] 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Fire to be kept on board any Vessel af­ter 8 at Night. 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 Wharffs aforesaid, or in the Road before the said City, being convict thereof as aforesaid, shall, for every such Offence, forfeit and pay the Sum of Ten Shillings, for the Uses aforesaid.

PROVIDED ALWAYS, The Mayor of Philadelphia may permit a Fire on board a Vessel at Night. That it shall and may be lawful for the Mayor of the City of Philadelphia for the Time being, by Licence 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 Sickness, or any other extraordinary Occasion; any thing in this Act to the Contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Forfeiture on fi [...]ing of Chimn [...]s. 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 Chimnies to cleanse them, or shall suffer them, or any of them to take Fire and blaze out at the Top, and be duly convicted 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 Offence, Twenty Shillings, for the Use of the said City or Towns re­spectively where such Offence 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 fi [...]e or suffer their Chimnies 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 Fire-Works within the City of Philadelphia, if not speedily prevented: BE IT THEREFORE ENACTED by the Authority aforesaid, That if any Person or Persons, of what Sex, Age, Degree or Quality soever, from and after Publication [Page 198] hereof, Fire Works not to be sold or fired in Philadelphia, without the Governor's Permission. shall fire any Gun, or other Fire-Arms, or shall make, or cause to be made, or sell, or utter, or offer to expose to Sale any Squibs, Rockets, or other Fire-Works, or shall cast, throw, or fire any Squibs, Rockets, or other Fire-works, within the City of Philadelphia, without the Governor's special Licence for the same, of which Licence due No­tice shall first be given to the Mayor of the said City, such Person or Persons so offending, and being thereof convicted before any one Justice of the Peace of the said City, either by Confession 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 Witnesses, shall, for every such Offence, forfeit and pay the Sum of 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 prosecute and cause such Offen­der to be as aforesaid convicted: Which Forfeitures shall be levied by Distress and Sale of the Offenders Goods as aforesaid; and for Want of such Distress, if the Offender refuse to pay the said Forfeiture, he shall be committed to the Prison for every such Offence, the Space of two Days, without Bail or Mainprize.

Conviction to be made in 10 Days. Pun­ishment on a Slave offend­ing herein.PROVIDED, That such Convicton be ma [...] within ten Days after such Offence committed. AND if such Offender be a Negroe or Indian Slave, she shall, instead of Imprisonment, be publickly whipp'd at the Discretion of the Magistrate.

CHAP. CCXXXVI. An ACT to prevent the Killing of Deer out of Season, See a Suppl [...] ­men [...] to this Act 4 Geo. II. Chap 316. and against Carrying of Guns and Hunting by Persons not qualified.

BE IT ENACTED by WILLIAM KEITH, Bart. 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, The Time which is fi [...]'d for killing Deer. That if any Person or Per­sons, after the Publication hereof, shall kill or destroy any Buck, Doe, Fawn, or any other Sort of Deer whatsoever, at any other Time or Season except only betwixt the First Day of Iuly, and first Day of Ianuary, he shall forfeit and pay for every such Buck, Doe, Fawn, or other Deer so one [Page 199] kill'd or destroy'd as aforesaid, the Sum of Twenty Shillings; one Half thereof to the Poor of the Township where the Offence is committed, 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 impowered and authorized to hear and determine the same, and to convict the Offen­der, by the Oath or Affirmation of one or more Witnesses.

PROVIDED, Conviction to be made in 2 Months. That such Conviction be made with­in two Months after such Offence committed.

AND for the better Convicting of Offenders against this Act, Selling green Deer-Skins or Venison, &c. deemed guil­ty of this Offence. BE IT FARTHER ENACTED by the Authority aforesaid, That every Person in whose Custody 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 thereof as aforesaid; shall be deemed guilty of the said Offence: 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, Free native Indians ex­cepted. That nothing contained in this Act shall be deemed or construed to extend to any free native Indians carrying Guns, Hunting, Killing, and having in their Custody any Skins or Deer's Flesh for their own Use; any thing 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, BE IT ENACTED by the Authority aforesaid, None to hunt in inclosed Lands, &c. on Penalty, &c. 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 hunt on any improved or inclosed Lands of any Plantation, other than his own, unless he have Licence or Permission from the Owner of such Lands or Plantation, and shall be thereof convicted, either 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 Offence forfeit the Sum of Ten Shillings. None to hunt in open Woods ex­cept those qualified, on Penalty, &c 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 [Page 200] 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 Licence or Permission obtained from the Owner or Owners of such Lands, and shall be thereof convicted in Manner aforesaid, such Offender shall forfeit and pay the Sum of Five Shillings for every such Offence.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Penalty on Killing any Pidgeon in Philadelphia. That no Person whatsoever shall presume to shoot at or kill with a Fire-Arm, any Pidgeon, Dove, Patridge, or other Fowl in the open Streets of the City of Philadelphia, or in the Gardens, Orchards and In­closures adjoining upon and belonging to any of the Dwel­ling-Houses within the Limits of the said City, upon the Forfeiture of Five Shillings for every such Offence, to be convicted in Manner aforesaid.

How the For­feitures are to be levied.ALL which Penalties and Forfeitures shall go, one Moiety to the Informer, and the other to the Poor of the Township where such Offence is committed: But if con­victed upon View of a Justice 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 Offender's Goods, by Warrant under the Hand and Seal of the Justice before whom such Offender shall be convicted, returning the Overplus, if any be, the Charge [...] Distraining being first deducted: And for Want of such Distress he shall be committed to Prison, where the Forfei­ture 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 be Five Shillings, for the Space of two Days, without Bail or Mainprize.

CHAP. CCXXXVI. An ACT for the well Tanning and Currying of Leather, and Regulating of Cordwainers, and other Artificers using and occupying Leather within this Province.

WHEREAS very great Abuses have been com­mitted by Tanners, Curriers, and other Persons Using and Working of Leather within this Go­vernment; and the Prices of Leather become very exorbi­tant and burthensome 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 Persons using the several Crafts and Mysteries aforesaid may not be more strictly bound and limited than the necessary Regard of the Welfare and general Commo­dity of all his Majesty's Subjects within the said Province requireth; BE IT ENACTED by Sir WILLIAM KEITH, Bart. 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, Leather im­po [...]ted into this Province insufficiently tann'd, unless Security be given to ex­port the same unwrought, shall be for­feited. That from and after the Twenty-f [...]th Day of November next, in this present Year of our LORD One Thousand Seven Hundred and Twenty-one, if any Person or Persons using or which shall use the Mystery or Faculty of Tanning, or any Person or Persons importing, 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 insufficiently and not thoroughly tann'd, so that the same, by the Triers of Lea­ther, lawfully appointed by Virtue of this present Act, for the Time being, shall be found insufficiently and not thoroughly tann'd, that then all and every such Person and Persons so offending, shall forfeit such Leather as shall be found insufficiently and not thoroughly tann'd, unless the Party importing the same will give Security to the Triers to be appointed by Virtue of this Act, to export the said Leather (so imported and being insufficiently tann'd) with­out Working, or Manufacturing, or causing the same to be wrought or manufactured in this Province.

[Page 202]AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons using the Trade of Tanning shall not occupy the Trades of Shoemaker or Currier. That no Person or Persons using the Mystery of Tanning of Leather, by him or them­selves, 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 said Mystery of Tanning, occupy or use the Mystery of a Shoemaker or Currier, or any other Artifice [...] 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, None but Tanners shall buy or con­tract for Skins, except, &c. 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 Calf-Skins in the Hair, but only such Person or Persons as use the Trade or Mystery of a Tanner, or shall tan or taw the same, except such Persons as shall p [...]rchase them to be tann'd for their own private Use; or shall pur­chase salt or raw Hides for any Persons private Use, or the necessary Use of Ships or Vessels going to Sea.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Leather or raw Hides to be shipp'd or exported from this Pro­vince, except to, &c. on Pe­nalty of treble the Value, &c. That it shall not be lawful for any Person or Persons to lade, ship or carry in any Ship or Vessel, Entring 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-Ier­sey, and Counties of New-Castle, 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 and transported, and treble the Value thereof to be forfeited by the Owner or Owners thereof: The Owner not being found, the Possessor is deem'd such, and shall pay. And if no Owner can be found, then the Person in whose Custody or Possession the same shall be found to incur the like Penalty of the treble Value as aforesaid. And the Owner or Owners of the said Ships or Vessels knowing of such Offence and not discovering the same, shall forfeit three Times the Value of the Leather and and Hides so shipped or exported. Forfeiture on concealing such Leather or Hides. And the Master or Mariners knowing of such Offence, and not discovering the same, shall forfeit the treble Value as aforesaid, or be [Page 203] imprisoned for any Time at the Discretion of the Justices of the Court of Quarter-Sessions, not exceeding six Months, without Bail or Mainprize.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Tanner to receive more than 9 d. lb. for well-tan'd Leather, on Penalty, &c. That from and after the Twenty-fifth Day of November, in the present Year of our LORD, One Thousand Seven Hundred and Twenty-one, no Tanner or Tanners, Person or Persons 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 America, for a Pound of well-tann'd 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 aforesaid.

AND that no Person or Persons within this Province shall, by any Means, No Leather to be used or work'd up be­fore it has been search'd and allow'd of, &c. occupy or put in any made Wares any curry'd Leather, before the same shall be searched and allow'd by the Sealer or Searchers, according to the Direction 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 and occupied.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Boots, &c. to be made of Leather well-tann'd. That no Person occupying or using the Mystery of a Shoemaker, shall make or cause to be made any Boots, Shoes or Slippers for Sale, but of Lea­ther well and truly tann'd and curried, and well and suffici­ently sewed with good Thread well twisted and made, and well waxed; nor shall mingle the Over-Leather, 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 Sheep-Skin, 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 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.

[Page 204] Rates to be taken for Shoes.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 Qua [...]ter-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 before­mentioned.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Justices, upon Penalty of Forty Pounds, shall once in two Years, or oftner, choose Sealers and Searchers of Leather. 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 B [...]cks, upon the Penalty of Forty Pounds, to be recovered and im­ployed 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 oftner if need be, nominate and appoint [...] or more honest and skilful Person or Persons of their re­spective Cities and Counties, who shall be Sealers, and keep a Seal, to be prepared by the Directions of the said Justices, The Office and Duty of the Sealers and Searchers of Leather. for the Sealing of Leather: Which Sealers and Searchers shall also be sworn or affirmed before the Mayor and Aldermen aforesaid, and before the Justices of the said General Quarter-Sessions 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, and finding it sufficient­ly and thoroughly tann'd 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 seal'd 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 Calf-Skins 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 [Page 205] said Searchers and Sealers shall, and by this Act are im­powered, to enter into any Tan-Yard, 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 Philadelphia, and to any of the Justices of the Counties aforesaid respec­tively, who shall forthwith appoint three honest and skilful Persons to be Triers, who shall openly, in some Market-Place or publick Place, try whether the same Leather, Boots, 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 Affirmation 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 at their next respective Court of Quarter-Sessions in their several Counties shall direct. And that no Person or Persons shall buy any forfeited Wares to sell again, on Pain of Forfeiting three Times the Value thereof. And every Person or Persons resisting the Searcher or Searchers in any Part of their Duty injoined 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.

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 general Issue, and give this Act and other special Matter in Evidence: And if the Prosecutor shall be cast or become Nonsuit, 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Leather, when seal'd, to be suffici­ently curry'd, in six Days in Summer, and twelve in Winter. 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 curry any Hide or Skin not seal'd by the Officer appointed by this Act, on Pain to forfeit, for every Hide or Piece of Leather not curried [Page 206] accordingly, Sealers and Searchers Al­lowance for traveling. Fifteen Shillings. And that the said Searchers and Sealers who shall travel from the Place of his or their Habitation 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 Request made unto them, forthwith search and seal all such Leather as shall be sufficiently tann'd which shall be brought unto them respectively, or shall be within the City of Phi­ladelphia; and shall, within one Day after Request made unto them, go to any Tan-Yard, or other Place, to search and seal Leather sufficiently tann'd, on Pain to forfeit Forty Shillings, for each wilful Neglect: Which Penalty, with all others mentioned 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. Forfeitures how to be re­covered. And that the Recovery of all Forfeitures and Penalties under Forty Shillings shall be heard and determined 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 Forfeitures and Penalties ar [...]e 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.

No Prohibi­tion on Boots, Shoes, &c. being expor­ted.PROVIDED NEVERTHELESS, That this Act, or any thing therein contained, shall not extend to the Prohibiting the Exportation of Boots, Shoes, Slippers, Saddles, and other Wares, manufactured and made of Leather within this Province.

Tann'd Lea­ther may be exported when it is not above Eight Pence per lb.PROVIDED ALSO, That it shall and may be lawful for any Person or Persons to export tann'd 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 Justices of the Peace for the respective Counties of Philadelphia, Chester and Bucks, certifying the common Price of well-tann'd Leather not to be no [...] have been above Eight Pence, for at least one Month before the Date of such Permit; which Permit shall be granted for no longer Time than the Space of on [...] Month, [Page 207] and if the same be granted for any longer Time, or in other Manner than in this Act is 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 Licence or Permit had ever been granted.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Butcher, Forfeiture on exposing to Sale any Hides or Calf-Skins▪ which are gash'd or impair'd. or other Person shall gash, slash or cut any Hide of any Ox, Bull, Steer, Cow, or Calf-Skin, in Fleaing thereof, or otherwise, so as the same shall be impaired 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 such Calf-Skin.

AND if any Person shall offer or expose to Sale any putrified Hide or Skin, Forfeiture on off [...]ring pu­trified Hides or Skins to Sale. such Person shall forfeit for every such Hide so offered to 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 Hide, and the other Half to the Overseers of the Poor of the City or County where such Hide shall be cut, slash'd, gash'd and expos'd to Sale.

CHAP. CCXXXVII. An ACT for imposing a Duty on Persons con­victed of heinous Crimes, and imported into this Province as Servants, or otherwise.

Repealed by an Act pass'd 3 Geo. II. Chap. 305.

CHAP. CCXXXVIII. An ACT for laying a Duty on all Wine, Rum, Brandy and Spirits, Melasses, Cyder, Hops and Flax, imported, landed or brought into this Province.

Expired.

CHAP. CCXXXIX. An ACT for laying a Duty on Negroes imported into this Province.

Expired.

CHAP. CCXL. An ACT for laying an Ex [...]ise or Duty on all Wine, Rum, and other Spirits, retailed in this Province.

Expired.

CHAP. CCXLI. An ACT to prevent the Exportation of Flour not merchantable.

Supplied.

CHAP. CCXLII. An ACT for Encouraging the Making of good Beer, [...]ee p [...]st [...]a C [...]p 25 [...]. 9 Geo I. and for the Consumption of Grain in this Province.

WHEREAS it is found by Experience, that the Using of Melasses and other Materials herea [...]ter-mentioned, in Brewing Ale and Beer, doth very much hinder the Consumption of Malt; and so the Raising of Barley is hereby discouraged: Therefore may it please the Governor that it may be enacted, AND BE IT ENACTED by Sir WILLIAM KEITH, Bart▪ Governor of the Province of P [...]nnsylvani [...], &c. by and with the Advice and Consent of the [...]reem [...]n of the said P [...]ovince in General Assembly met, and by the Autho [...]ity o [...] the same, That if any common Brewer or Retail [...]r of Peer or Ale, shall, Penal [...]y o [...] B [...]ewe [...]s using Melasses, & [...]. i [...] [...]er; or taking it into their B [...]ew H [...]use. after the first Day of Iune next, ma [...]e [...]se of any Melasses, coarse Sugar or Composition [...] Extract of Sugar, Honey, foreign Grains, Guinea Pepper, or any Liqu [...]r or Syrup, boil'd up to the Consistency of Melass [...]s, or any unwholesome [Page 210] Materials or Ingredients whatsoever, in the Brewing, Ma­king or Working of any Beer or Ale: Or if any Brewer shall receive or take into his Brew-House any Melasses, coarse Sugar, Honey or Composition or Extracts of Sugar; every such Brewer and Retailer shall forfeit and lose for every such Offence respectively the Sum of Twenty Pounds: And every Servant of such Brewer, Also on their Servants, or others who aid or assist therein. and every other Person who shall be Aiding and Assisting in the Using any Me­lasses, Sugar, Honey, or any other of the said Materials or Ingredients, in the Brewing or Working of such Ale or Beer, or in Carrying or Conveying the same into the Brew-House belonging to such Brewer, shall also forfeit and lose, for eve y such Offence, the Sum of Twenty Pounds; and in Default of Payment thereof shall suffer three Months Imprisonment.

AND BE IT FURTHER ENACTED by the Authority aforesaid, None to keep Ale-houses, &c. except those that the Justices, in Sessions, ap­prove of. That no Person or Persons whatsoever, after the said first Day of Iune next, shall be admitted or suffered to keep any common Ale-House, Inn or Tipling-House, but such as the Justices of the Peace of the respective Counties of this Province and City of Phil [...] ­delphia 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 Behaviour, as the commodious Situation and Conveniency of their Houses for such Purposes.

Persons ap­proved of, to be licensed and give Bond to the Gover­nor.BUT that none be so admitted or licensed before they be bound, with one or more sufficient Sureties, 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 Order and Rule to be had and kept within the same: And also that they will not directly nor indirectly fell or utter, in or about their Houses or elsewhere, any Wine, Brandy, Rum, or other distilled Liquors, mix'd or unmix'd: And that the principal Party which shall be so bound shall pay to the Clerk of the Court, Fees for Li­cences. for all Fees to him relating to the said Licence, Five Shillings; and to the Justices Four Shillings, for every such Licence or Allowance to keep such Inn or Ale-house, and no more.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That the said Justices of Peace, [Page 211] within the said several Counties and City respectively, Justices have Power to sup­press selling Ale, Beer, &c. and cause Dis­orders to be punished. 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, Ale-houses, Inns and Tipling-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 Keepers of any Inns or Ale-houses brew their own Beer or Ale, Innkeepers, who brew, not to put Melas­ses, &c. in their Beer. a Clause shall be added to the Condition of the Recognizance, That they will not make Use of any Melasses, 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 Iune next, all common Brewers shall, Brewers shall become bound to ob­serve what is required herein. 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 of which Recogniza [...]ces the Party shall pay Two Shillings and Six- [...]ence, and no more.

AND that the said Justices shall cause all the said Re­cognizances, Recognizan­ces to be en­tred of Re­cord, on Pe­nalty, &c. and also all other Recognizances to be given by the Direction of this Act, to be entred 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 [...]ail therein, he or they so offending shall forfeit and pay for every Recognizance taken and not entred of Record, as this Act requires, the Sum of Five Pounds; any other Act or Law of this Province to the Contrary hereof in anywise notwithstanding.

PROVIDED ALWAYS, Justices may recommend fit Persons to to be licensed to keep Ta­verns; such Persons be­coming bound, &c. That nothing herein contained shall debar or hinder the Justices of the said City and Counties to recommend such as live in fit Places, and as they shall deem fit Persons 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 [Page 212] and Licences, and becoming bound with one or more suf­ficient Sureties, by Recognizance 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Officer appointed to put this Act in Execution, and recover the Forfei­tures. That Charles Read, of Phila­delphia, Merchant, shall be and is hereby appointed the Officer to put this Act in 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 all 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 obtain [...]d (and is since lost) may be retrieved, BE IT FURTHER ENACTED by the Authority aforesaid, Higher Prices may be allow­ed by the Jus­tices for Beer and Ale, ac­cording to the Goodness. That the Justices of the Peace of the respective Counties, and the Mayor, Recorder and Alde [...]men of the City of Philadelphia, 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 skill'd therein shall exceed in Quality and Goodness; any Law or Ordinance to the Contrary notwithstanding.

BUT to prevent the ill Designs of Brewers, Retailers, Victualers and Butchers, who combine to advance the Prices of the Grain and Provisions they respectively buy, beyond a due Proportion to the Rates they give, BE IT FURTHER ENACTED by the Authority aforesaid, Statutes of Great Britain against Per­sons combi­ning to ad­vance the Pri­ces of Grain, to be put in Execution here. That all the Laws and Statutes of that Part of Great Britain called England, shall be put in Execution against all such Combinations and evil P [...]actices; so that such Offenders shall be brought to the like Punishments, and incur the same Penalties as those Laws and Statutes direct and appoint for Offenders in li [...]e Cases.

CHAP. CCXLIII. A Supplementary ACT to the Act for the more effectual Raising of County Rates and Levies.

Supplied.

CHAP. CCXLIV. An ACT for establishing Courts of Iudicature in this Province.

WHEREAS the late King CHARLES the Second, Preamble. by his Royal Charter and Grant to William Penn, Esq of that Tract of Land called Pennsylvania, and for Erecting the same into a Province, 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 Assembly, when and as often as need should require, to ordain, make and enact any Laws whatsoever, for the publick State, Peace and Safety of the said Country, or unto the private Utility of particu­lar Persons, unto their best Discretion: AND LIKEWISE, to do all and every Thing and Things which unto the compleat Establishment 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, appointed to award Process, hold Pleas, and determine in all the said Courts and Tribunals all Actions, Suits and Causes whatsoever, as well criminal as civil, personal, real and mix'd; Provided, the said Laws, so made and published, be consonant to Reason, and not repugnant or contrary, but as near as conveniently 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.

[Page 214]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 within this Province; which, by the Increase of Inhabitants and Change of Circumstance [...] of the Country, seem necessary to be alter'd and amended, BE IT THEREFORE ENACTED by Sir WILLIAM KEITH, Bart. 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, Court of Quarter-Ses­sions to be held, in each County, four Times a Year. That there shall be a Court stiled, The General Quarter-Sessions of the Peace and Goal-Delivery, holden and kept four Times in every Year, in each County of this Province, viz. At Philadelphia, for the County of Philadelphia, on the first second Day of the Week called Monday, in the Months called March, Iune, 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.

The Gover­nor to com­missionate Ju­stices; who are to hold the saidCourt.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 Commission, under the broad Seal of thi [...] Province: Which said Justices, or any three of them, shall and may hold the said General Sessions of the Peace and Goal-Delivery according to Law, and as fully and ef­fectually as any Justice of the Peace, Justices of the Assize, Justices of Oyer and Terminer, or of Goal-Delivery may or can do.

AND BE IT FURTHER ENACTED, That the said Justices of the Peace, or any three of them, may, And may hold private Sessions; and have Power to take Re­cognizances out of Ses­sions; which shall be cer­tified into the next Quarter-Sessions. 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 Obligations, 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 Recogni­zances for the Peace, Behaviour, 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 [Page 215] Peace, to be holden next after the Taking thereof: Recognizan­ces for Suspic­ions of Felo­ny to be cer­tified at the Court of Oyer & Terminer. And every Recognizance taken before any of them, for Suspicions of any Manner of Felony, or other Crime not tryable in the said Court of Quarter-Sessions of the Peace and Goal-Delivery, shall be certified before the said Justices of the Supream-Court of Oyer and Terminer, at their next suc­ceeding Court, to be holden next after the Taking thereof, without Concealment, Detaining or Imbezzling of the same. Forfeited Re­cognizances, and the Re­cord of the Default, shall be certified into the Su­pream Court. But in case any Person or Persons shall forfeit his or their Recognizances of the Peace, Behaviour 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 Supream Court, as the Case may require, that thence Process 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.

AND BE IT FURTHER ENACTED That all Fines and Amerciaments which shall be laid be­fore the Justices of the said Courts of General Quarter-Sessions of the Peace and Goal-Delivery, shall be tax'd, All Fines in the Quarter-Sessions to be set according to the Q [...]ality of the Of­fence, and be yearly estrea­ted in the Su­pream Court. offer'd and set duly and truly, according to the Quality of the Offence, without Partiality or Affection, and shall be yearly estreated by the Clerks of the said Courts respectively into the said Supream 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 Amer­ciaments as shall be unpaid, to the Uses for which they are or shall be appropriated.

PROVIDED ALWAYS, Quarter-Ses­sions to hold three Days in Philadelphia County, and two Days in each of the other Coun­ties. That the said Courts of of the General Quarter-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 herein before 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 herein before appointed to hold and keep the said Courts and Sessions there in Manner aforesaid.

PROVIDED ALSO, This Act not to lessen the Powers of the Corporation. That nothing herein con­tained shall deprive or abridge the Mayor, Recorder and Aldermen of the City of Philadelphia, of any Powers, Pri­vileges, Jurisdictions or Franchises granted them by Charter or the Laws of this Province.

[Page 216] Writs may be directed by the Magi­strates of one County to the Sheriff, &c. of another Coun­ty, for taking any Persons outlawed.AND to the End that Persons indicted or out-law'd for Felonies, or other Offences, in one County or Town cor [...] ­rate, who dwell, remove or be received into another Cou [...]y or Town corporate, may be brought to Justice, BE IT FURTHER ENACTED, That the said Justices, or any of them, shall and may direct their Writs o [...] [...] ­cepts to all or any the Sheriffs or other Officers of th [...] [...] Counties or Towns corporate within this Province, wher [...] [...] shall be, to take such Persons indicted or out-law'd. And [...] it shall and may be lawful to and for the said Justices, Also Subpoena's and other Warrants for summoning Evidences. and [...] of them, to issue forth Subpoena's, and other Warrant [...], [...] their respective Hands and Seal of the County, into any Co [...] ­ty or Place of this Province, for summoning or bringing [...] Person or Persons to give Evidence in and upon any [...] or Cause whatsoever, now or hereafter examinable or [...] wise tryable by or before them, or any of them, under [...] Pains and Penalties as Subpoena's or Warrants of that [...] usually are or ought by Law to be granted or awarded [...]

AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons ag­grieved with the Judgment of the Quar­ter-Sessions, may have their Writs of Error, retur­nable to the Supream-Court. That if any Person or [...] shall find him or themselves aggrieved with the Judg [...]t of any of the said Courts of General Quarter-Session [...] of the Peace and Goal-Delivery, or any other Courts [...] [...] ­cord within this Province, it shall and may be [...] to and for the Party or Parties so aggrieved, to have [...] 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 Supream [...] of this Province.

PROVIDED ALWAYS, That when any [...] of Error shall be granted upon any Judgment given or to be gi­ven for the said City of Philadelphia, Only the Te­nor or Tran­script of Writs pass'd by the Mayor, &c. for the City of Phila­delphia, to be certify'd by them into the Supream-Court. the Mayor, Recorde [...] and Aldermen of the said City of Philadelphia, and their [...], 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 [...]id Supream Court, or elsewhere, any of the Indictme [...] or Presentments taken or to be taken before them, or th [...] [...] ­cord of the Judgments and Proceedings upon any such [...] and Presentments; but only the Tenors or Transcri [...] of the said Records under their common Seal. And [...] such Indictments are revers'd or affirm'd, or Causes law [...]ly removed from the said City-Courts are tried in the Supream Court, it shall and may be lawful for the Mayor, or Recorder [Page 217] and Aldermen, and their Successors, to proceed to Execution or otherwise, as shall appertain according to Law.

AND BE IT FURTHER ENACTED by the Authority aforesaid, A Court of Record to be held twice [...] Year at Phi­ladelphia, cal­led The Su­pream Court of Pennsylvania. 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 stiled The Supream Court of Pennsylvania. And that there shall be three Persons of known Integrity and Ability, Justices to be commissiona­ted. 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 Iustice. Who shall is­sue forth Writs of Ha­beas Corpus, &c. 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, Certiorari and Writs of Error, and all Remedial and other Writs and Process, returnable 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, Issues joined in the said Court shall be tried in the proper Coun­ty; and Jud­ges to go the Circuit twice every Year. That upon any Issue joined in the said Supream-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 impowered 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 Supream-Court, and removed 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, join'd and to be join'd, in the same Supream-Court, and to do generally all those Things that shall be necessary for the Trial of any such Issue, as fully as Justices of Nisi Prius in England may or can do.

AND that the sai [...] [...]dges, or any two of them, Who are to hear all Cau­ses cogni [...] ­ble in the s [...]id Court, and all Causes remo­ved thither. shall have full Power to [...] said Court, and therein to hear [Page 218] 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 Philadelphia, or from any other Court of this Province, by Virtue of any of the said Writs: As also, to correct the Errors of the Justices, &c. 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 in all Pleas of the Crown, as in all Pleas real, personal and mix'd; and thereupon to reverse [...] affirm the said Judgments as the Law doth or shall direct: And also to examine, And punish the De [...]aults of Officers, &c. correct and punish the Contempts, Omissions and Neglects, Favours, Corruptions and Defaults of all or any of the Justices of the Peace, Sheriffs, Coro­ners, Clerks and other Officers within the said respective Counties.

AND ALSO, shall award Process for Levying, [...] well of such Fines, And award Process to le­vy Fines. Forfeitures and Amerciaments as shall be estreated into the said Supream-Court, as of the Fines, Forfeitures and Amerciaments which shall be lost, tax'd and set there, and not paid to the Uses they are or shall be appropriated.

And general­ly minister Justice, as in the King's Courts in Britain.AND generally shall minister Justice to all Person [...], 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.

Saving to all Persons the Right of Ap­peal to Bri­tain.SAVING to all and every Person and Persons, his, her or their 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 Successor [...] 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 Appeal in the Court where the Sentence▪ [Page 219] Judgment or Decree shall be given in this Province, pay all the Costs before that Time expended in the Prosecution, or Desending the said Suit: The Appel­lant shall give Bond in 300 l. &c. And shall further enter into Bond, with two good and sufficient Securities, 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 after the Entry of such Ap­peal, and to satisfy the Judges 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, Governor commission­ates the Pro­thonotary of the Supream-Court. to be Prothonotary or Clerk of the said Supream-Court, who shall keep and duly attend his Office at some convenient Place in the City of Philadelphia, and may be suspended, punished or amoved by the said Court for Misdemeanors in his Office.

AND BE IT FURTHER ENACTED, That all the said Writs shall be granted of course, How Writs shall be gran­ted and bear Stile. and made i [...] the Name and Stile of the King, his Heirs and Successors, and shall bear Test in the Name of the chief Justice for the time being: But if he be Plaintiff or Defendant, in the 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 Writ.

PROVIDED ALWAYS, No Provin­cial Judge to sit in the in­ferior Courts. That none of the Judges of [...]he said Supream 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.

AND [...] IT FURTHER ENACTED by the Authority aforesaid, The said Jud­ges to deliver the Goals of all Treasons, Murthers, That the said Judges of the Supream-Court shall have Power, and are hereby authorized and impowered from time to time to deliver the Goals of all Persons which now are or shall hereafter be committed for Treasons, Murthers, 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 E [...]d from time to time to issue forth such necessary [Page 220] Precepts and Process, and force Obedience thereto as Jus­tices of Assize, Justices of Oyer and Terminer and of Goal-Delivery may or can do in the Realm of Gre [...] Britain.

Felo [...]ies com­mitted in [...] Out-Parts of the Province, to be tried in Philadelphia.AND ALSO, That all Manner of Offences already made or declared, or hereafter to be made or declared to be Capital orFelonies 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 orPersons within the Bounds and Limits of the same Pro­vince, and without the certain and known Bounds and Limit [...] of any of the Counties now or hereafter erected in the said Province, shall be from henceforth enquired of, heard and determined before the said Judges, by good and lawf [...]l Men of the City and County of Philadelphia, in like Man­ner and Form to all Intents and Purposes as if the said Offences and Felonies of Death had been done, perpetrated and committed within the said City or County of Phi­ladelphia.

Fees to be double in the said Court to what they are in the Quar­ter-Session [...].PROVIDED ALWAYS, That the Fees du [...] to the Judges and Officers of the said Court for Hearing and Determining any of the said capital Offences for any thing done there, shall be double the Fees usually taken i [...] the General Quarter-Sessions held in any of the said Coun­ties in this Province; any thing herein, or in any other Law, to the Contrary notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid, County Cou [...]t to be held four Time [...] [...] Year. That a competent Number of Pe [...]sons shall be commissionated by the Governor or his Lie [...]tenant, under the Broad Seal of this Province, who shall hold and keep a Court of Record in every County, which shall be stiled 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 [...] there, in the Months called March, Iune, September and December: At Bristol, for the County of Bucks, on the eleventh Day following, inclusive: And at Chester, for the County of Chester, on the Day called the last Tuesday in the Months called May, August, November and February. Which [...]aid Justices, or any three of them (according to the Teno [...] [Page 221] and Direction of their Commissions) shall hold Pleas of Assizes, S [...]ire Facias, Replevins, and hear and determine all and all Manner of Pleas, Actions, Suits and Causes, civil, personal, real and mix'd, according to the Laws and Con­stitutions of this Province.

AND BE IT FURTHER ENACTED by the Autho [...]ity a [...]oresaid, Justices of the said Court to grant Reple­vins, &c. That every of the said Justices shall and are hereby impowered 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 Cour [...]s, as Occasion may require.

AND BE IT FURTHER ENACTED That the said Justices of the said respective Courts s [...]ll and are hereby impowered to issue forth Subp [...]ena's [...]nder their respective Hands and Seal of the Counties, And issue S [...]b­paena's for E­vidences, &c. into any County or Place of this Province, for sum­m [...]ning 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 Court at West­ [...]inster are usually appointed.

AND BE IT FURTHER ENACTED That upon any Judgment obtained in any of the said Courts of this Province, Upon Judg­ment ob [...]n­ed & and the Party not to be f [...]und, or hath not Land [...], &c in that County, an al [...]as Ex [...] ­cution may [...] granted by the Court, di­rected to the Sheriff of ano­ther County. and Execution returned by the Sheriff or Coroner of the proper County where [...]uch Judgment was obtained, that the Party is not to [...]e found or hath no Lands or Tenements, Goods or Chattels in that County, and thereupon it is testifi­ [...], that the Party s [...]lks, or lies hid, or hath Lands, T [...]ments, 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, [...] to the Sheriff or Coroner of the County or Place [...] such Person lies hid, or where his Lands or Effects [...], commanding him to execute the same according to [...] Tenor of such Writ or Writs, and to make Return [...]ereof to the Court of Common-Pleas where such Recovery [...] had or Judgment given. And if the Sheriff or Coroner, Which if th [...] said She [...]iff re­fuse to exe­cute or [...]eturn he shall b [...] amerced, &c▪ [...] whom such Writ or Writs shall be directed, shall refuse [...] neglect to execute and return the same accordingly, he [Page 222] shall be amerced in the Court where he ought to retu [...]n it, and be liable to the Action of the Party grieved: And [...] said Amerciaments shall be duly and truly set according to the Quality of the Offence, and estreated by the Protho [...] ­taries of the respective Courts of Common-Pleas of [...] Province into the next Supream or Provincial Court [...] course, that thence Process may issue out against the Offe [...] ­ders, for Levying of such Fines and Amerciaments as shall be unpaid, to the Uses for which they are or shall be appropriated.

AND BE IT FURTHER ENACTED by the Authority aforesaid, The Defen­dant may have a special Court, in c [...]se of suddenDe­parture. That if any Defendant o [...] D [...] ­fendants in any Suit or Action, by Reason of his or [...] sudden Departure out of this Province, shall require a [...] speedy Determination in such Action or Suit than can [...]e obtained by the common or ordinary Rules of Proceedi [...] in any of the said Courts of Common-Pleas in this Provi [...]c [...], the said Justices, upon Application to them made, sh [...]ll grant to such Defendant or Defendants special Courts, [...] shall proceed to hear and determine the Premises accordi [...]g to the Course and Practice of the said Courts of Commo [...]Pleas, and for the usual Fees therein taken.

But shall give Bail to the Plaintiff's Ac­tion.PROVIDED ALWAYS, That before the said Justices shall grant such special Court, or proceed to [...] and determine the Premises, 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 excessive Charges that have of late arisen upon Executing of Writs of Enquiry of Damages, BE IT ENACTED, Writs of En­quiry shall be made as easy of Charge as possible. That the Justices who give any Interlocutory Judgment, shall, at the Motion of the Plaintiff or his Attorney in the Action where such Jud [...] ­ment is given, make an Order, in the Nature of a Writ [...]f Enquiry, to charge the Jury attending at the same or n [...]xt Court after such Judgment is given, to enquire of the Da­mages and Costs sustained by the Plaintiff in such Action: Which Enquiry shall be made and Evidence given in ope [...] Court; and after the Inquest consider thereof, they shall forthwith return their Inquisition under their Hands and Seals; whereupon the Court may proceed to Judgment as upon Inquisitions of that Kind returned by the Sheriff.

[Page 223]AND BE IT FURTHER ENACTED by the Authority aforesaid, A competent Number of Atto [...]nies may be admitted; 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 practise as Attornies there; who shall behave themselves justly and faithfully in their Practice: Who Misbe­having, shall suffer the Pe­nalties, &c. as Attornies in Britai [...], &c. And if they misbehave themselves therein, they shall suffer such Penalties and Suspensions as Attornies at Law in Great Britain are liable to in such Cases; by which Attornies Actions may be entred, and Writs, Process, Declarations and other Proceedings 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: Attornies to f [...]le theirWar­rants of At­torney. Which said Attornies so admitted may practice in all the Courts of this Province without any further or other Licence 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 Attorney the same Court he appears: And if they neglect so to do, they shall have [...] Fee allowed them in the Bill of Costs, nor be suffered to speak in the Cause until they file their Warrants respectively.

CHAP. CCXLV. An ACT to prohibit the Selling of Rum, and other strong Liquors, to the Indians, and to prevent the Abuses that may happen thereby.

WHEREAS the peaceable, Preamble. wise and prudent Measures which the late Honourable William Penn, Esq our most worthy Proprietor, took with the native Indians, at his first Coming into and Settling of this Province, has been, under GOD, the happy Foun­dation and Ground-Work of the Tranquility and perfect good Understanding hitherto preserved between the English Inha [...]itants of this Colony and their native Indians. AND WHEREAS the Misunderstandings and fatal Breaches, which have lately happened in some of the neighbouring Colonies, between the English and the adjacent Indian Nations, are well known to have proceeded from [Page 224] [...] Irregularaties and Abuses committed by those [...] t [...]avel into the Woods in order to trade promiscuously [...] [...]he Indians as they return from Hunting; whereby th [...]y have Opportunity, fi [...]st, to debauch the Natives with [...] Quantities of Rum and strong Spirits, and then cheat [...] of their Peltry: For the Prevention of which evil [...] wicked Practices for the Future, BE IT ENACTED by Sir WILLIAM KEITH, Bart. Governor of the Provinc [...] of Pennsylvania, &c. by and with the Advice and Consen [...] of the Freemen of the said Province in General Assembly met, No Rum, &c. to be sold to Indians under the Penalty of 20 l. and by the Authority of the same, That no Perso [...] whatsoever, otherwise than is herein after declared, [...] sell, barter or give to any Indian or Indians, or to any [...] Person for their Use, nor by any Means directly or in [...] ­rectly furnish, or cause to be furnished, an [...] Indian or Indi [...] with any Rum, Wine, or other strong Liquors, mix'd [...] unmix'd, under the Penalty of Twenty Pounds for each O [...] ­fence, one Half to the Governor, for Support of Gover [...] ­ment, and the other Half to the In [...]ormer, or such Person or Persons as will sue for the same; to be recovered in any Court of Record within this Province, by Action of De [...]t, Bill, Plaint or Information, wherein no Essoin, Protecti [...] or Wager of Law shall be allowed to the Defendant.

AND BE IT FURTHER ENACTED by the Authority aforesaid, No Rum, a­bove the Quantity of one Gallon, to be carried beyond the Inhabitants. That in case any Rum, [...] other Spirits, above the Quantity of one Gallon, be carrie [...] amongst the Indians at their Towns, or beyond the Christ [...] Inhabitants, the Person car [...]ing the same, or he in who [...] Possession the same shall be found, shall [...]orfeit and pay [...] Sum of Twenty Pounds, to the Uses aforesaid, to be recover [...]d in Manner aforesaid.

At Treaties, Rum may be given to the Indians.PROVIDED ALWAYS, That the Governor and Council, or Persons by them authori [...]ed and appoint [...] to hold Treaties with any Nati [...]n of Indians, may, at [...] Treaties, give any reasonable Quantity of Rum as by them shall be thought nec [...]ssary; any thi [...]g herein contained to the Contrary notwithstanding.

None shall trade with the Indian [...] but at their own Dwelling [...], without Li­cence.AND BE IT FURTHER ENACTED by the Authority aforesaid, That no Person or Persons whatsoever, after the first Day of August next, under th [...] the Penalty of Twenty Pounds, to be recovered in Mann [...] and for the Uses aforesaid, shall trade or traffick with any Indian for any Commodity whatsoever, but at their own [Page 225] Dwelling-Houses and Places of Residence with their Fami­li [...]s, within some settled Township of this Province, with­out being first recommended to the Governor for his Li­c [...]nce, by the Justices of the County-Courts of Quarter-Sessions where he resides, or the next Quarter-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 substantial 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 Licences s [...]all be renew'd annually, in the Manner before directed; and shall further, by his Oath or Affirmation, oblige him­self, that he will not directly nor indirectly sell or dispose of any Rum, or other Spirits, mix'd or unmix'd, to any Indian whatsoever. For which Licence he shall pay the Sum of Thirty Shillings, and no more.

AND BE IT FURTHER ENACTED by the Authority aforesaid, That if any Person, The Person convicted not having Goods to satisfy the Fine, the Sum of 5 l shall be paid the In­former out of the publick Treasury. convicted for any Offence committed 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 committed to the publick Goal of the County, or House of Correction, there to continue at hard Labour for the Space of six Months, without Bail or Mainprize.

PROVIDED ALWAYS, No more than one 16th of a Quart to be given to an In­dian in twelve Hours. 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 Habitation any Quantity of Rum, or other Spirits, not exceeding One Sixteenth Part of a Quart at one Time, and that not oftner than once in twelve Hours.

[Page 226]AND because the good Intent of this Act shall not be frustrated by the secret and clandestine Practices of Persons for the Sake of private Advantage, BE IT FUR­THER ENACTED by the Authority aforesaid, That from and after the first Day of August next, Magistrates may send for and examine suspicious Per­sons, and re­primand 'em. it shall and may be lawful for the Mayor or Recorder of the City of Philadelphia, 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 Behaviour with and towards any Indians for such Suspicion: And upon a second Suspi­cion, may ad­minister to them an Oath, &c. But if the said Mayor or Recorder, 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, to administer to such Person or Persons so sus­pected, an Oath or Affirmation, that he hath not directly nor indirectly, by himself, 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, mix'd or unmix'd, to any Indian or Indians, or to any other Per­son or Persons whatsoever, for them or any of them, con­trary to the true Intent and Meaning of this Act: Penalty on not appearing upon Sum­mons, or re­fusing to swear or attest. And every such Person or Persons so suspected as aforesaid 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 Impri­sonment for the Space of three Months: The Forfeitu [...]e to be divided and disposed of in Manner aforesaid.

No Forfeiture to be inflicted 'til serving of the Summons be sworn or attested to.PROVIDED ALWAYS, That no Forfeiture or Imprisonment shall be levied or inflicted upon any Person whatsoever in this Behalf, for not appearing upon Sum­mons duly made, until an Oath or Affirmation be made of the due Service of the said Summons upon the suspected Person or Persons, before the Mayor, Recorder or Justices aforesaid; who are hereby impowered to administer such Oath or Affirmation to the Constable or Officer who hath served the same; any thing before to the Contrary thereof in anywise notwithstanding.

Conviction upon this Act may be plea­ed in Bar, &c.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 [Page 227] 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 Offences.

CHAP. CCXLVI. An ACT for Encouraging the Raising of Hemp within this Province.

Supplied.

CHAP. CCXLVII. An ACT for Settling a Ferry at Solebury, in Bucks County, over Delaware to New-Jersey.

Expired.

CHAP. CCXLVIII. An ACT to erect and establish a Ferry on the Land of Thomas Yardley, of Makefield Town­ship, in Bucks County.

Expired.

CHAP. CCXLIX. An ACT for Regulating the Gauging of Cask in this Province.

WHEREAS great Abuses are daily committed in the Trade of this Province, Preamble. by importing Wine, Rum, and other liquid Merchandizes, 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 suffers great Loss in Want of just Measure: For the Redress of which Abuse for the Future within this Province, BE IT ENAC­TED by Sir WILLIAM KEITH, Bart. 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, No Persons to sell Liquors before gau­ged by the Gaugers, un­der Penalty, &c. That if any Merchant or other Person whatsoever, shall utter, sell or put to Sale, any Butt, Tun, Pipe, Hogshead, Barrel, Rundlet, or other Cask of Rum, Wine, Melasses, or other [Page 228] liquid Merchandize, imported into any Port or Place within this Province, before the Gaugers hereafter-mentioned or their Deputies, shall have plainly and truly set down or mark'd, upon the Head of such Vessel, the Capacity and full Contents of the same, according 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 utter'd, sold or put to Sale.

Forfeiture on Liquors lack­ing the Quan­tity sold for.AND FURTHER, If any Merchant, or other Person shall utter, sell or put to Sale, any Rum, Wine, Melasses, or other liquid Merchandizes as aforesaid, within any Port or Place of this Province, 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 Per­son shall forfeit and pay, to the Uses directed in this Act, the Sum of Ten Shillings for every Gallon marked or numbred on the said Cask more than it will truly contain.

AND to the End that all Persons dealing in such Mer­chandize may the more easily and readily be informed and assisted in discovering the true Quantity of such liquid Merchandize so imported as aforesaid, BE IT FUR­THER ENACTED by the Authority aforesaid, That Nathaniel Griffitts and Benjamin Morgan of Philadel­phia, Gaugers Names, and how to be qualified. shall be and are hereby appointed Gaugers of all the Wine, Rum, Melasses, and other liquid Merchandize, im­ported into this Province for Sale. Which 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) are hereby impowered, by themselves or their proper Deputies or Assistants, to gauge all Rum, Wine, Melasses, or other li­quid Merchandize, imported in any Butt, Tun, Pipe, Hog­shead, Barrel, Rundlet, or other Cask, into any Port or Place of this Province, when they the said Gaugers, or either of them, shall be thereunto required.

Gaugers to mark the Cask, with the Contents, and enter it in a Book.AND that they shall mark and 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, and Owners Names, shall be entered in a Book or Books, to be kept for that Purpose [Page 229] by the said Gaugers, or their proper Deputies; to which, recourse may be had as Occasion may require: Fee for a Co­py, and for Gauging. 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, Penalty on false Gauging. gauged and marked by the said Gaugers, or their lawful Deputies, shall be found lacking one or more Gallons of the Quantity num­bred or marked on the said Cask or Vessel, the aforesaid Gaugers shall forfeit Ten Shillings for each Gallon lacking or exceeding the Number or Mark so set down on each Cask.

AND BE IT FURTHER ENACTED by the Authority aforesaid, How the Pe­nalties shall be appropri­ated & reco­vered. That all and every the Penal­ties and Forfeitures in and by this Act set and 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 re­covered, 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.

CHAP. CCXLV. An ACT for emitting and making current Fifteen Thousand Pounds in Bills of Credit. Postea Chap. 256 & Chap. 261.

Preamble.FORASMUCH as through the extream Scarcity of Money, the Trade of this Province is greatly les­sened and obstructed, and the Payment of the publick Debts of this Government rendred exceeding difficult, and [Page 231] likely so to continue, unless some Medium in Commerce be by Law made current instead of Money: For Remedy whereof, may it please the Governor that it be enacted, 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 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 Six-Pence Value each: Six Thousand Bills of Two Shillings Value each: Eight Thousand Bills of One Shilling 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 Bills shall be in the Form following: ‘THIS indented Bill of — current Money of Ame­rica, according to the Act of Parliament made in the f [...]th Year of the late Queen ANNE, The Form of the Bills. for Ascertaining the Rates of foreign Coins in the Plantations, due from the Pro­vince of Pennsylvania, to the Possessor thereof, shall be in [...] 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 publick Payments, and for any Fond 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 numbred by Charles Read, Francis Rawle, Benjamin Vining and Anthony Morris, Signers Names. 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.

[Page 232]AND BE IT FURTHER ENACTED by the Authority aforesaid, Signers to take an Oath or Affirma­tion. That the said Persons appoin­ted for signing the said Bills of Credit, shall take an [...] 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 herei [...] after mentioned and appointed to receive the same, accord­ing to the true Intent and Meaning of this Act: Fifte [...] Thousand Pounds of which Bills of Credit, being signed and numbred as aforesaid, shall be put into the Hands of Samuel Carpenter, The Trustees Names. Ieremiah Langhorne, William Fishbo [...] and Nathaniel Newlin, of this Province of Pennsylva [...], Gentlemen; who are hereby constituted Trustees of the General Loan-Office of the Province of Pennsylvania; who shall give their Receipt for such Bills as shall be by the [...] received.

AND the said Charles Read, Francis Rawle, Benj [...] Vining and Anthony Morris, Signers Re­ward. appointed by this Act to sign the aforesaid 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 Tro [...]ble in Signing and Numbring the Bills aforesaid. Trustees Sa­lary. 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 Trustees, b [...] ­fore they receive the 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: ‘ Trustees Oath or Affirma­tion.I A. B. will, according to the best of my Skill and Knowledge, faithfully, impartially and truly demean myself in Discharge of the Trust committed to me by an Act of General Assembly of this Province, entituled, An Act for the Emitting and Making current Fifteen Thousand Pounds in Bills of Credit; according to the Purport and Tenor of the said Act, so as the Publick may not be prejudiced by my Consent, Privity or Procurement.’

AND for the better securing and supporting the Credit of the said Bills, BE IT ENACTED by the Autho­rity aforesaid, That the said Trustees, before they take or [Page 233] accept of any Lands, Trustees to inform them­selves of the Mortgage [...]s Estate in Fee-simple. 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 Person offering the same to Mortgage have a good, in­defeazible Estate in Fee-simple, in the Lands, Houses and Rents offered to Mortgage, and that the same be free from all Incumbrance whatsoever. And the said Trustees, 11 [...] l. to be let out at [...] per Cent 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 authorized and impowered 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, Mortgages to be inroll'd. when executed in the Presence of two lawful Witnesses, and acknowledged before any Justice of Peace of this Pro­vince, shall be inrolled in a Book (to be kept for that P [...]r­pose by the said Trustees) at the Costs and Charges of the Mortgager: An attested Copy of which Deed so inrolled 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Where the General Loan Office is to be kept That there shall be one publick 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 [Page 234] give at least fourteen Days publick Notice at the respective Towns aforesaid of the Time and Place of their Meeting for the Purposes aforesaid. And the said Trustees, or some of them, shall, at their own proper Costs and Charges, provide good large Books of Royal or other large Paper, and well cover'd; wherein shall be recorded and inrolled all the Deeds of Mortgages to be taken for Bills of Credit to be let out upo [...] Loan, according to the Directions of this Act, in a fair [...] ­gible Hand; for which there shall be paid by the Mort­gager, his Heirs, Executors or Administrators, to the Person or Persons attending the said Office, in any of the Counti [...] aforesaid, for Recording or Inrolling every Deed or W [...]i­ting, Five Shillings; and for every Mortgage-Deed, if draw [...] by the Clerk, Twelve Shillings, and no more.

Trustees to choose a Clerk.AND for the more Ease and Conveniency of the Trus­tees appointed 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 i [...] again, The Manner of Payment of Principal and Interest. with the annual Interest, in the said Bills of Credit, or current Money of America, to the said Trustees of the General Loan-Office aforesaid, in Manner following, That is to say, One eighth Part of the Sum borrowed, with the whole Interest of Five per Cent. per Annum, shall be annually paid by the Mortgager, his Heirs, Executors or Administrators, to the said Trustees; who shall indorse 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 Mortgager, 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 Inrollment of the said Mortgage, of the Day and Year of such Discharge and Release: For which they shall be paid, by the Mortgager, 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 Sort of the People of this Province, at an easy Interest to relieve them from the present Difficulties they labour un­der; which End cannot be so well performed if any one Person should be allowed to take up too great a Sum of the [Page 235] said Bills of Credit upon Loan: Therefore to prevent the Splitting of any one Man's Lands into sundry Parcels by alienating the same to divers Persons in Trust, 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 Mortgage and Incumbrance, which would in a great Measure frustrate the good End for which this Act is intended, BE IT THEREFORE ENAC­TED by the Authority aforesaid. Estates to be [...]ee of all In­cumbrances to the Mort­gager's Know­ledge. 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 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 Mortga [...] 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 administring the same shall indorse upon the Back of the Deed of Mortgage, together with the Day and Year of the Caption thereof.

PROVIDED ALWAYS, If any Part of the said Sum remain in the Office four Months after the Date of the Bills, 200 l. may be let out on Loan to one Person. That if any Part of the Sum of Eleven Thousand Pounds be remaining in the Office 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 aforesaid 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 [...] the whole Sum advanced or lent to one Person exceed not the Sum of Two Hundred Pounds in the Whole.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Bills to be current for 8 Years, & pay all Debts whatsoever That the aforesaid Bills of Credit, to be made and issued by Virtue of this Act, shall be and continue current for and during the Space and Time of eight Years, from the Date of the said Bills, and no [Page 236] 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 Province, according to their Rates; and the Tender of the said Bills of Payment for Discharging of any Debt or Debts, Bargain, Sale of Lands, or other Things, Bonds, Mortgages, Special­ties and Contracts 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 offer'd and tender'd for the Discharge of the same, or any Part thereof.

AND to prevent the Damage that may happen to any Person or Persons, who, at the Expiration of the said eight Years, may have any of the said Bills remaining in their Hands, BE IT FURTHER ENACTED by the Authority aforesaid, That the aforesaid Trustees, and the Survivors and Survivor of them, Trustees to receive the said Bills of Credit fou [...] Months after the Expiration of 8 Years. shall be and hereby are obliged to receive the said Bills of Credit four Month [...] after the Expiration of the said eight Years, of any Person tendring 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 [...] Owners of the said Bills within three Months after th [...] Bills are delivered to them, with the Interest of Five [...] Cent. per Annum, till the same be paid.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Persons refu­sing the said Bills shall lose the Debt. That if any Person or Persons, Creditor or Creditors, Obligee or Obligees, and Party or Parties to any Contract, Covenant, Bargain or Agreement whatsoever, already made or hereafter 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, refuse to ac­cept or receive the said Bills of Credit in Discharge of the said Debts, Dues or Demands, according to their Val [...] and Rates, he, she or they so refusing to accept the [...] Bills of Credit in Discharge as aforesaid, shall lose the [...] Debt or Debts, Sum or Sums of Money so refused; [...] they and every of them, their and every of their Hei [...] ▪ Executors and Administrators, shall forever be barred from [Page 237] bringing his or her or their Actions 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.

AND BE IT FURTHER ENACTED by the Authority aforesaid, Penalties on Persons offer­ing Goods cheaper for Silver o [...]Gold than the said Bills. 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 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 exposing 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 Offence, to be recovered 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 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 [...]ale 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.