USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 23
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A Bill arising from this Board, intituled an act to prevent the Im- portation of Indians Slaves was read, & ordered to be sent to the As- sembly for their Concurrence.
A petition from James Logan, Secretary, desiring the Governr. would be pleased to take into Consideration his Services done at this board, where for many years he has officiated as Clerk of ye Council without any manner of Recompense, except a very few fees, not amounting in ye whole to £12; and also his other Services to the Governmt. upon all occasions, in which he hopes his Diligence has been Sufficiently known Since his arrival here, and that the Govr. would thereupon think fitt to recommend his said services to the assembly, that he may receive from the Publick some recompense suitable to his said services.
Ordered that the said Petition be sent to the assembly, & ye Peti- tioners aforesaid services be recommended accordingly.
A Bill intituled from the House, an act for Recording & acknow - ledging Deeds, was read & ordered to lie on the Table.
A Bill from the House, Intituled an act for Defalcation, was read and agreed to, with some amendmts. to be made.
A Bill Intituled an act concerning the Probates of written and nuncupative Wills, & for confirming the Devises of Lands was Read,
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and these two last mentioned Bills were Committed to Thomas Story & James Logan to draw up the objections that are to be made to them. and then Adjourn'd.
At a Council held at Philadia., Xbre., ye 5, 1705. PRESENT :
Ye Honble. JOHN EVANS, Esqr., Lieut. Govr.
Thomas Story,
Griffith Owen, Esq'rs. Wm. Trent,
James Logan.
The two Bills Intituled an act for Defalcation, and an act concern- ing the probates of written and nuncupative wills, &c. having yesterday been committed to Thomas Story & James Logan to draw up ye ob- jections made to them, the said Objection being laid before ye Board, were read and approved of, as in ye draughts of amendmt., and Thomas Story was ordered to carry ye same, with the other Bills that had passed this Board to the house, & recommend the Engrossing of them to their speedy care; the said member was also ordered to carry the Secry. petition & recommend it to the Assembly, according to the orders of yesterday. And then adjourned.
At a Council held at Philadia., Xbre, ye 12, 1705. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
John Guest,
Thomas Story,
Griffith Owen, Esq'rs.
James Logan.
The Bill intituled an Act for the more easy & effectual Collecting of Proprir. Quittrents formerly sent from this Board to ye House of Representatives being returned by them with large amendmts. and alterations, was read with those alterations, & objections being drawn up to them as in the Draught of amendmts. they were ordered to be carried to the House.
A Bill from the House, Intituled an Act for selling the old Court house, and building a new Court house and prison, in the County of Bucks was read, & agreed to, & ordered to be sent to ye house without any amendmts.
A Bill from the House, Intituled An Act for ye further Securing ye administran. of the Govrmt. of this province was read & ordered to be returned to the House with this only amendmt. Viz : in line 11th, instead of Majority read any five.
A Bill from the House, Intituled A Supplementary Act to that about County Levies was read and agreed to without amendmts.
A Bill from ye House Intituled an act for the Better proportion- ing the Rates of money in Paymts. made upon contract according to the former Regulation was read and Ordered to be sent to the House.
And then adjourned.
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PROVINCIAL COUNCIL.
At a Council held at Philadia., Xbre. ye 13, 1705, Jovis.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Governor. John Guest,
Griffith Owen, Esq'rs. Thomas Story,
James Logan.
The severall amendmts. made and Ordered yesterday to the Bills then read, being prepared and transcribed, Tho. Story was ordered to carry them to the House; & no more business from the House pre- senting, by wch it appeared that the debate of ye amendmts. took them up much time, and that ye returns of message and answers oc- casioned great Delays and retarded ye Dispatch of Business ; it was Resolved, That a Conference with the Assembly should be proposed to be held with them in ye Council Chamber, to debate all those points in ye severall Bills sent from or to the House of Repre- sentatives, wch this Board and they have not hitherto been able to agree in.
And then adjourned.
At a Council held at Philadia, the 17th of Xbre., 1705. PRESENT :
The Honble JNO. EVANS, Esqr., Lieut. Govr. John Guest, George Roch,
Thomas Story,
Joseph Pidgeon, &
Griffith Owen, Esq'rs,
James Logan,
Wm. Trent,
The Govr. having in pursuance of ye Resolution of ye Last Ses- sion of this Board, proposed to the Assembly that conferance might be held with them for wch this day was appointed. A message was brought from the house to inform the Govr. that they would wait on him in half an hour if he thought fitt, and they were desired to come accordingly.
The Govr. acquainted the Board that he had Recd. orders from England, to Appoint a Solemn Thanksgiving for the signal Vic- tory obtained over ye ffrench, after having forced the Enemy's Lines in the Spanish Netherlands this Last summer, and recommended it to the Board to think what day will be most proper for ye same.
The Council thought fitt to leave it to ye Govr. himself, & he ap- pointed the 10th day of Janry. next, & ordered that a Proclamation should be forthwith drawn & Printed, that all might have notice to observe ye said day with ye greast Exactness.
The Assembly not coming according to time, T. Story was ordered to acquaint the House that he would except their attendance at three this afternoon. To which time they adjourned.
At a Council held at Philadia, ye 17 of Xbre., 1705, P. M. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr. John Guest, George Roch, Thomas Story, Griffith Owen,
Joseph Pidgeon, &
Esq'rs. James Logan,
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The Speaker and the whole house attended the Govr. & Council in a Conference upon the amendmts. sent from this Board to ye Assembly wch they could not agree to, and first ye objections to the Bill agast. Riotous Sports and Games were read, and tis agreed that amendmts. should be drawn up by this Board again and sent to ye House.
The Amendmts to the Bill for Improving a better correspondence with the Indians was read, And the Speaker informed the Govr., that the House could not agree to advance above the sum of £50, (this being the first time they had done anything of ye kind) untill they had made some trial of it, and then they might be Encouraged to proceed as they should find further occasion, But that it might be left out of this Bill provided it were inserted in ye Bill for a Supply.
Ordered, that this Bill lie till the said Bill for a Supply be brought in.
The amendmts. to the Bill for the Confirmation of Lands to the owners, &c., were read and Debated, And 'tis agreed that because there is rather greater occasion to enable Religious Societies to pur- chase or receive lands, than to dispose of them, these Clause shall be left out of this Bill, and a new one be drawn up for that purpose alone, viz: to enable Religious Societies, Counties, Towns, &c., to purchase & sell Lands.
The amendmts. to the Bill for Trial of Negroes, were read, & the Speaker in lieu of them, proposed certain other amendmts., wch are agreed to.
The amendmts. to the Bill for Settling the Estates of Intestates, were read & argued, and all agreed to by the House, only a mistake appearing in the Language in one place, it was committed to ye House to amend it.
The amendmts. to the bill concerning the Probates of wills, &c., were read & argued, and the Bill was further committed to the Con- sideration of the House, upon the Inconveniency of Deputies in the Counties of Bucks & Chester, as appointed in the Bill, & upon the whole clause of appointing Deputies.
The amendmts. to the Bill for acknowledging and Recording of Deeds, were read and in part agued, but much time being spent in the conference, ye rest was referred to be entred upon at ten in the morning, at wch time ye Conference is to be renewed, and till then adjourned.
At a Council held at Philadia., 18th Xbre., 1705.
PRESENT :
The Honble JNO. EVANS, Esqr., Lieut. Govr. Griffith Owen, Joseph Pidgeon,
Thomas Story, Esq'rs. & Wm. Trent, James Logan.
The Speaker and whole house attended the Govr. to renew the Conference, and the Speaker presented to the Board the Bill for
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PROVINCIAL COUNCIL.
the Probates of Wills, with an amendment made to the same by the House, wch was agreed to, Butt the Bill is Ordered to lie on ye Table.
The amendmt. made by the Board to the Bill for Collecting the Propr. Quittrents as sent back from the House, were read, but some of ye Representatives appearing much against it, it was debated whe- ther they should be argued or not, at length ye affirmative prevailing each amendment was severally considered.
The Clause for recording the Receiver Generalls Commission in Each County, being insisted on by the Assembly, it past over and agreed to by the Board.
The 2d amendmt. upon the words having had due notice, was agreed to be changed for having had publick notice, & referred to ye House to make ye alteration.
The House having omitted the Clause sent in the said Bill from this Board, viz : that no action brought by the Propr. for Quitrents should Debarr him from making distress, was argued and left to the further Consideration of ye House.
The amendmt. pa. 1, line 32, for bring in Quittrents, payable in money to the Receiver, was largely debated, and at length referred to the Consideration of ye House.
The amendmt., pa. 2, line 6, reading specially for that purpose, was past over by ye Board, and agreed to as now In the Bill.
The amendmt. made by the House, that upon a person losing his receipt, & being sued for his Rent, his affirmation shall be given in Evidence to ye Jury, was largely debated, and again left to ye Consideration of ye House.
The amendmts. Concerning ye givin of Obligations for the paymt. of Rents, for the takeing out of Patents, was debated, and left to ye further Consideration of the House.
The amendmt. Concerning the Deviding of Quittrents, was further debated and again referred to the Consideration of the House.
And then adjourned to ten in the morning, at wch time ye confer- ence is to be Renewd.
At a Council held at Philadia., the 19th Xbre., 1705.
PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Govr.
John Guest, Wm. Trent,
Thomas Story, Esq'rs. Joseph Pidgeon,
Griffith Owen,
James Logan.
Edward Shippen as Chairman of ye Committee with a Consider- able number of Representatives attended the Gover. and Council, and acquainted ye Govr. that their Speaker being taken sick, could not attend himself, but had appointed a Committee to wait upon the Govr. in order to Carry on the business before them, wch they might be admitted to proceed in ye same manner as they had done before when the Speaker and the whole House attended.
The Govr. desired him if he were Chairman, and appointed to ap- pear in the Speakers place that then he would take his Chair.
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The Conference began, and the amendmt. that had not been gone through in ye two preceding days were proceeded on.
The Bill about Witnesses and the manner of Giving evidence was Largely debated and Committed the House for there further Consid- eration.
The Debates upon the amendmt. to the Bill for Recording & ac- knowledging of Deeds was re-assumed where left off at the first Conference, & the Provisoe concerning Inrolling agreed to, as by this Board amended.
The Clause about Entring satisfaction to mortgages in the Inroll- mt. office is agreed to, as now in the Bill.
The amendmt. proposed for securing Grants made here of the Proper Lands, agreed to by the House and ordered to be Inserted In the Bill.
The Clause allowing one penny per line for Emplyfications is agreed to.
The Clause about Searches to be further Considered of by the House.
The Clause that the Inroller if not keeper of Seal of the County shall have a proper Seal of the Office, was agreed & referred to ye further Consideration of the House.
The amendmts. upon the nomination of a Master of the Rolls & Recorders were largely debated & referred to the further Considera- tion of ye House.
And then adjourned.
At a Councill held at Philadia., Xbre., ye 21, 1705.
PRESENT :
The Honble JNO. EVANS, Esqr., Lieut. Govr. Jno. Guest, Wm. Trent, Tho. Story, Esq'rs. Jos. Pidgeon,
Griffith Owen,
James Logan.
Severall acts having been sent up by the House they were Con- sidered as follows.
A Bill Intituled an act for Selling beer & ale by wine measure sent from the House, was read, and 'tis objected that as there must be one of ye laws recited In-
1. An Act for Selling Beer & Ale by wine measure sent from the House was read, & 'tis objected that as there must be one of the Laws recited in the said Act altered, 'tis more reasonable to oblige the Brewers to sell to the Retailers by Beer measure as in England, wch they may well afford, Especially if the assembly design not to lay any Impost on Beer or ale Retailed.
2. An Act to Confirm to Ralph ffishbourn the old Court house of Chester County was read & agreed to.
3. An Act to ascertain the number of members of Assembly & to regular the Elections was read.
Pa. 2, line 26. Leave it at the Electors choice to give in the 8 names verbally or in writting, lett their be Clerks ready to receive
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PROVINCIAL COUNCIL.
the first, & in the 2d lett the Clerks read the names distinctly to the person that brings it, and make an amendmt. in proper words to this purpose.
4. An Act about attachmts. was read & approved, Inserting In ye Last Line but 3d, by himself or his lawful attorney.
5. An act that a solemn affirmation shall pass in this Province Instead of an Oath was read. Ordered that it be again recom- mended to the House eighter to draw it more Conformable to the Queens Ordr. or to Defer the Putting it in Execution for Some time till the Queen's pleusure can be known in it, wch may prove the most effectuall method to obtain the Royal Sanction, or if Instead of both these a method can be found by altering the Constitution of the Courts of Judicature, it may be Eligible before either of the other.
6. An act Settling of officers fees was read. Orded. That Several officers mentioned In the said Act, viz : Secretary, Surveyor, Master of the Rolls, Keeper of the great Seal, Clerk, Sherif, Queens Collec- tor, Naval Officer & Coroner, be summoned to bring an acct. of ye fees they now take to this Board, to morrow at 11 in morning Exactly.
The Act agst. Incest, Sodomy &c. Returned by the House with their additional amendmt., Uyon the Proposal made by this Board, laying a Penalty of £20 upon marriages with first Cousins or ye Wifes Sister, &c. Ordered, that unless ye assembly agree more Effec- tually to discourage such mariages, the whole Clause be left out, & ye Bill pass as at first.
A Proclamation ordered ye Instant for a Genrll Thanksgiving, to be observ'd on ye 10th Day of Janry. next ensuing, throughout this Governmt., was read & past. Thomas Story & Griffith Owen desir- ing to be excused from being In any wise concerned in ye Order and they were Excused Accordingly.
At a Council held at Philadia, Xbre. ye 22d, 1705.
PRESENT :
John Guest,
Wm. Trent,
Thomas Story,
Esq'rs.
J. Pidgeon,
Griffith Owen,
James Logan.
Samll. ffinney,
The collectors and naval officers of Philadia., according to ye Orders of Yesterday attend'd, as also the other officers, & the fees in ye Bill presented being read to them Respectively, the sd. Collector & Naval officers Complained that those here limited were much inferiour to what had been formerly allowed by ye Laws of this Govrmt., and were no way Proportioned, nor Countervailed their Trouble, there- fore requested the Board to have better provision made.
The Attorney Genl., Sherif & Clerk of ye County also appeared, & desired further time.
The Coroner agreed that the fees allowed him were the same he now took.
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A message from the assembly acquainted the Gov., that the Houses were desirous to adjourn for a week, unless the Govr. was of opinion that the whole business could be dispatched before the day Called Christmas.
Ordr., that an answer Should be sent in the afternoon.
An amendmt. made by the House to the Bill for regulating Paymt. of Money on former contracts, was read, Instead of wch it was Ordered, that another amendmt. should be made allowing Bitts under the number Six to pass Single & to be weighed to 4 Grains at 6d. per dwt. ; but above six, Bitts to be weighed together at 52d. per dw.
Another message from the Assembly, acquainted the Govr. that the House was desirous to rise and wait his answer.
The Secretary was Ordered to Carry the amendmt. to the afore- said Bill, and to lett the House know the Govr. agreed to the adjournmt., & that in ye meantime the House should appoint a Com- mittee to Examine, with Power also to mend the Language of the Bills where there should be Occasion, in conjunction with some members of this Board. Adjourned.
At a Council held at Philadia, Xbre., ye 27th, 1705.
PRESENT.
Jno. Guest, - Esq'rs.
Joseph Pidgeon, &
Griffith Owen,
Wm. Trent,
James Logan.
A Bill for granting a supply for support of Governmt., Brought in last week, was read & agreed to with some small amendmt., to be laid before the Committee.
The Bill for settling ye Estates of Intestates, was read and agreed to as amended By ye House.
The Bill for Collecting Quittrents was Committed to ye Secretary as Receiver Generall.
The Bill for Seven years quiet Possession was Read. Ordered, that ye words upon an Equitable right should be Inserted in ye 4th Line, & further Considered.
The Bill for Improving a better correspondence with ye Indians, was considered, & the sum of £50 blotted out, according to the amendmt. of this Board, & ye Proposal of the Assembly thereupon.
The Bill for Departs out of this Province was again Considered. Ordered, that for Persons that design to leave ye Continent, ye Pass shall be from the Governr.
The Bill of fees being further considered, Tis Ordered that such officers as shall not give in their reason, & attend next Council day, their fees shall pass as in ye Bill. Adjourned to 7th day.
At a Council held at Philadia, the 31 of Xbre., 1705.
PRESENT :
John Guest,
Griffith Owen,
Wm. Trent, ? Esq'rs. Jos. Pidgeon,
Thom. Story,
James Logan.
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PROVINCIAL COUNCIL.
An Act about Departers out of ye Province, as sent up, was again Read : line 7, Read, Under the Province Seal if going to sea; Or, under either the Provinces or County Seal if ye persons travels by Land. It is convenient on many accts., that persons designing to leave ye Country & Transport themselves into Remote Parts, should first wait on ye Governr.
An Act for Seven years quiet possession, Line 4, Insert which were first entered on, Upon a good & Equitable Right, & line 6th, leave out ye whole parenthesis, for 'tis need less.
Act for collecting Quittrents, P. 2, line 23, after old Renters, reads, upon Alienation before the said first of March, the Recvr. or his Deputy shall not be obliged to receive for any part or portion of Lotts or Lands less than 3d sterl. yearly, or one Peck of wheat on old Rents, for under this sum there has scarce been any alienations in ye Country, but many rents in ye town will be utterly lost, if divided as they now are by buildings.
Acts for Regulating fees. A Conference between some members of the Assemble, with others of the Council, together with the officers themselves, is desired to Concert this forthwith.
Act impowering religious meetings, &c., to sell, was read & left for further Consideration.
The Secretary was ordered to Transcribe & carry in the said Amendmts.
At a Council held at Philadia., the 3d of 11 mo., 1705. PRESENT :
The -.
John Guest, ? Esq'rs. Joseph Pidgeon,
Wm. Trent,
Thomas Story,
Jasper Yeats,
James Logan,
Act to sell ale & Beer by wine measure Sent up by the House, (with 8 more bills all returned,) they request the Govr. to agree to it without the amendmt. proposed, which is assented to.
Act for 7 years quiet possession sent up again by ye house agre- ing to ye amendmt.
Act for acknowledging Deeds as returned by the House, was read, and all ye amendmts. agreed to but the last, to which 'tis objected, that the master of the Rolls for the future ought not to be se bene gesseret, but as other Commissions abroad are durante Bene placito, & no master of the Rolls appointed.
Act for Settling Estates of Intestates. In the 8th line if ye last additional Clause, insert within 21 years. Order'd, that an amend- ment be made Requiring : Act for Quittrents, a Consideration of one Shilling Sterl. for Every new Entry of a Name upon an alie- nation, & that Replevins to be where grantable by the Laws of Engld.
POST MERIDIEM,
The same as before.
A Bill for Confirmation of Gifts, Grants and Conveyances to Re-
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gious meetings, Schools, Towns, Villages & Counties in this Prov- ince, & of their Sales & Grants Sent up from the assembly to this Board, was read & Debated.
It was moved that the Church of England having no power in England to alienate Lands granted to them for pious uses ; they may think it of ill Consequence to themselves here to be invested with such a power, & therefore may be unwilling to accept of it.
Ordered, that the Vestry of the Church of Philadia. be acquainted with the sd. Bill. & that they be desired, in case they find any ob- jections against accepting of such a Power, as to inform the Govr. of the same as speedily as may be.
Ordered, that Religious Worship be Restricted to the Christian Religion, and that the words duly appointed be inserted after ye words person, by ordr. & directions.
Ordered, that the Secretary carry ye Bills this day amended to the house for their Concurrence, & that they be desired to appoint a Committee to joyn another of the Council in the morning, to Con- fer about the Bill for regulating fees, together with ye officers Con- cerned.
At a Council held at Philadia., the 5 11 mo., 1705.
PRESENT :
The
John Guest,
Jasper Yeats,
Thomas Story, Esq'rs.
Griffith Owen,
Wm. Trent, James Logan.
A Bill Intituled an Act directing the Qualification of all magis- trates and officers, as also the manner of giving Evidence, sent yes- terday from the House to this Board, was read & largely debated, and referr'd to be debated in the afternoon.
A Bill brought in by the Attorney Genll. by the Govrs. Orders, for preserving ye high wayes, by requiring Horses to draw double was read & sent by ye Secry., to the assembly together with a mes- sage in answer to their message, now brought to tell them that the Govr. would send an answer to all ye Bills before him with all possi- ble speed.
At a Councill held at Philadia., 7th of the 11 mo., 1705.
PRESENT :
John Guest,
Wm. Trent,
Thom. Story, 1
Esq'rs.
Joseph Pidgeon,
Griffith Owen,
James Logan.
A Bill Intituled an Act for Establishing courts of Judicature in the Province, &c. Prepared by the Govrs. Orders, was read and con- sidered.
Ordered, That a Proviso should be added, reserving a Power to
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PROVINCIAL COUNCIL.
the Proprietors to erect Proper courts. Another, that former process be not discontinued, and that past Judgemts. be confirmed.
A message from the assembly Presented to the Board two Bills from the House ; the one Intituled an act to ascertain the number of members, & to regulate the Elections, & the other an act for Regu- ting Elections of Sherif & Coroners.
A petition being presented to this Board, Direct to ye Govr., Council & assembly, Signed by Severall of the Inhabitants of Phila- adia., was read, requesting that either all Bitts or Ryals should be made to pass by the Law now about to be Enacted, at Sixpence per. penny weight without Distinction ; or otherwise, if that may not Conveniently be, that they may all pass at 5}d; otherwise Retailers will suffer Loss if they pass at different Prices.
The Petition was ordered to be sent to the Assembly, by the mem- bers that brought the last message, with this proposal, that Bitts might be taken single to ye number of three, and not otherwise, at 6d. per dw, & that nothing Less than 6 grains should be accounted for.
The Bill for Regulating Elections of Sherifs, &c. was read & ap- proved of, leaving out only ye last Proviso but one.
The Bill for ascertaining the numbers of members, &c. was read and all approved of, except the Clause directing the method of elect- ing, wch is rejected, and the 8th line in ye 5th page beginning not- withstanding to be left out as Needless.
POST MERIDIEM.
The same.
The Bill for Establishing Courts of Judicature with the two Bills sent in this morning, were sent to the House with the amendmts upon them, by J Pidgeon.
A Bill directing the Qualifications of officers, &c. prepared by ye attorney Genl., was brought in & read, & Debates arising upon it, the Govr. Adjourned ye Council till the morning.
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