USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 25
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48. An Act for the better Proportiong. of ye Rates of money in Payments made upon Contracts according to the former Regula- tions.
49. An Act for selling the Old Courthouse & Buildg. a new Court house & Prison in the County of Bucks.
50. An Act for Raising a Supply of Twopence half penny per Pound & ten shillings per Head.
Also for Granting an Impost & laying on Sundry Liquors & negroes Imported into this Province for the Support of Governmt., & defraying the necessary Publick Charges in the Administration thereof.
At a Councill held at Philadelphia, the 6th Febry., 1705.
PRESENT :
The Honble. Lieutenant Governr.
Edward Shippen,
Wm. Trent,
John Guest,
Geo. Roach,
Samll. Carpenter,
Esq'rs.
John Hill,
Esq's
Thomas Story, James Logan,
Joseph Pidgeon 1
'An act having been past by the last general Assembly held for this Province, Intituled an Act for Collecting the arrears of two thousand Pounds granted to the Proprietor, which act Impowers the Governr. & Council to appoint Persons to collect the said arrears. It was proposed by the Governr. to the Board to Consider who may be the proper person to Collect the arrears in the County of Philadia. and the Question being put, It was the opinion of all the Council that the High Sheriff of the said County, for the time being, is the
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only proper person to undertake that Business, & that accordingly he should be injoyned to proceed to collect the said arrears upon the Penalties in the said act Expressed, and it is Ordered that Benjamin Wright, the sd. High Sheriff, be forthwith informed hereof.
Accordingly the said Benjamin Wright being sent for, was served with the above minute, and Ordr. under the Secry's hand & province Seal, and being required to give his answer, He declared that the principal and best part of the said Tax being already gathered and reced. there will little remain but what will be so extremely difficult that it will engage him in many Contentions with his Neighbours, much more to the Prejudice of his Trade and Business, on which his Chief Dependence must be, than any thing that his Office can afford him will be to his advantage, and being prest to give his positive answer about it, He therefore declares that upon what he had consi- dered of the matter before since a Copy of the Act was first pre- sented to him for the same end he finds he cannot undertake it, and will rather submit to much greater penalties than are laid in the said act.
The Governr. informed him that there would be no medium between his proceedg. according to the Directions of the act and the forfeitures in the act Exprest, and he must be positive in his answer, the Consequence would be a fine of Ten pounds and loss of his Office.
The Sheriff again declared he was sorry he was under Circum- stances that rendered him uncapable to answer the Expectations of the Governmt., but whatever ye Penalties were he must submit, only he requested the Governr. that if he lost his office, that might be taken for a sufficient punishment, & the other fine might be remitted, but his office and all the rest he submitted.
And the Governr. declaring the sentiments of the Board in his fa- vour, informed him that he should not be wanting in shewing him any favour that lay in his power, but that seeing he had rendered him- self obnoxious to the Law, and their would be a necessity to appoint Some person to proceed in all the Business that might be expected from a Sheriff, the place must be filled accordingly, & the said B. Wright withdrew.
Ordered, That seeing it lies in the Governrs. breast to appoint whom he thinks fitt to be Sheriff in the said B. Wrights place, the Sheriff next appointed by the Governr. shall be and is hereby ap- pointed to collect the said arrears upon the Penalties in the sd. act Exprest.
Thomas Story, present master of the Rolls, observing to the Board that by a late Law, it is required that the master of the Rolls shall keep a Publick Seal for his Office, to be affixed to such Exemplifications as shall be given out by him, desires the opinion of the Board what seal may be most proper for that purpose, and that it may have ye authority of this Board to Establish it, at the same time exhibiting some Draughts that he has thought of for that purpose.
Ordered, that an Escutcheon, with the Proprs. arms & two Roils
10*
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in the upper Divisions, wth one in the Lower, shall be the Seal to be used in the said office, and then adjourned.
At a Council held at Philadelphia, the 20th Febry, 1705.
PRESENT :
The Honble Lieut. Governr.
John Guest,
Esq'rs. Thomas Story,
Esq'rs.
Griffith Owen,
Wm. Trent.
The Govr. acquainted the Board, that the act for a supply past last session of assembly, being defective in severall parts, he therefore thought it necessary that the same should be taken into consideration, which was accordingly done, & the severall following Remarks upon the deficiencies of the said act were made & agreed to by the Board. The Clause following, vizt :
And for every Pipe of wine imported directly from the Place of Growth, or by way of the said Counties or Jersey aforesaid, in ves- sels not owned as aforesaid, shall be paid forty shillings, whereby any Vessell, either from New England or any other place, may come into this River & make a pretended sale of her wine, on ye other Side of the River or below on this side, & thereupon the persons pretending to have bought the same, may Import the same Wines from thence into this Province, paying only the said forty shillings per pipe, wch plainly eludes that clause of the act, Enacting that all vessels Loaded with Wine, not coming directly from the Place of Growth, and not wholly owned by Inhabitants of this Governmt., shall pay four pounds ; This is to be Recommended to the House in Ordr. to be amended :
In the Clause allowing a Drawback to the Importer upon the Ex- portation of Wines, Rum, &c., Six months after Importation into this Province, if by good & sufficient Evidence it appears the Duties at the Importation have been Paid, The Onus Probandi ought to have been expressly mentioned to lye upon the Importer, as is usual in such Cases.
There are several Places in this act, wherein it is mentioned that Security shall be given, but no Penalty upon a Refusal to give the same, the want whereof renders those Clauses of no Effect. More- over, it ought to be mentioned Whether the security shall be by Bond, double or single, in what sum and to whom to be made. In the Clause Impowering the officer to give an attestation to the Re- tailers of Wine, Rum, Brandy, &c., upon their rendering the said Officers an account of the Quantities they have sold. The form of the attestation ought to be inserted Word for Word, the same being usual in all acts of Parliaments, in the like cases, and also after the Words Three, Six or Twelve months. It will be proper to add, (and oftner.)
In the Clause concerning the selling Wine under a Gallon, with- out a License, the Penalties are Expressed as follows, vizt : For the first, & every other offence after Conviction, 40 Sh., and for the
. I
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next offence after Conviction, £4, & for the third & Every Offence after, Ten pounds ; One half to the Proprietr. & Governr. for ye Sup- port of Governmt, and the other half to him or them that shall sue for them : The Penalty for the first & Every other offence is directly inconsistent with ye following fines, & ought to be better explained.
In the said Act, any person selling wine &c., under the Quantity of five Gallons, without giving security and Obtaining the Governrs. Officers Permit for the same, shall forfeit for every Offence 40 Sh. ; It would Effectually prevent such Retailers if the Penalty was greater.
The words (as He shall require) Expressed in the Clause, requir- ing the officers to render a true account to the Treasurer, are not intelligible as they now stand, which ought to be amended.
WhereEver the Words (County Court) are mentioned in this act, there ought to be added to the same (Common Pleas) for the Quarter Sessions in this Province, is also a County Court.
Ordered, that Doctor Owen carry the said Remarks to the House, but he not being in Town, the same was carried by Mr. Story, with the following written message from the Governr.
Those amendments are only designed to point out to the House those particular parts of the Law, (some of which are known Experi- mentally to be too weak,) that require strengthening. It being the act for a supply, Therefore intirely to be done by your House, & wth- out its being amended forthwith, The Officers Concerned in the Execution of it must struggle thro' many difficulties, which a small supplementary act would remove.
It was then proposed to this Board that the House should be moved to prepare an address in the name of this Province, to be presented to her majesty, which hitherto had not been done, & ye same was unanimously agreed to, as being a duty incmbt., & another to ye Propr.
At a Council held at Philadelphia, the 21st Febry., 1705.
PRESENT :
The Honble Lieutenant Governr.
John Guest, Esq'rs.
Joseph Pidgeon, Esq.
Thomas Story,
Judge Guest and Mr. Story were sent to the Assembly with a message, Importing that it was the furnours Opinion it would be highly necessary for them to address Her Majesty as also the Propry. and to send the addresses with the Laws.
February the 22d Day.
PRESENT :
The Honble Lientenant Governour.
John Guest,
Wm. Trent, Esq'rs. Joseph Pidgeon, Esq.
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The Governour acquainted the Board that a message was brought him by Richd. Hill and Reece Thomas from the House of Assembly, acquainting him that ye House having Considered the Proposals made for a supplementary act to the supply Bill, find that some other Laws may also need Amendments or Explanations, which, with what it proposed will take up more time than at present can Conveniently be spared, & tis believed that neither the Difficulties of putting that act in Execution, nor any other Inconvenience for want of amendments are so great that any Evil consequences can accrue from them.
That the House had prepared an Humble address to the Queen, & another to the Proprietor, on such matters as they Conceived it their Duty to represent, which they hoped to send to England with Expedition, & return thanks to the Governr. for minding them of the same.
They further request to have the Objections made at the Council Board against ye Bill for Qualifications of Officers, and desire to know what measure the Governour intends to take about transmit- ting the Body of Laws to England in Order to be Confirmed, & that the Governr. will be pleased in his address to ye Queen & ministry, favourably to recommend them and their proceedings as a faithful Loyal People to ye Queen, & truly loving & respectful to the People & ye Present administration of Governmt., & lastly, that the Governr. will Order the Body of Laws to be forthwith recorded in the Record- ers Office, as the Charter directs.
COUNCIL BOOK, BEGUN A. D. 1706. Kept by me and my Deputies, Robert Assheton and his son Ralph Assheton. James Logan Cler. Council.
At a Council held at Philadelphia, ye 19th March, 1705-6. PRESENT : The Honble JOHN EVANS, Esqr., Lieutt. Governour. Edwd. Shippen, Willlm. Trent,
Samll. Carpenter, Esq'rs. Richd. Hill, Esq'rs. Thos. Story,
Upon reading a petition from the Inhabitants of the Town and County of Chester, Requesting this board to appoint some proper persons to lay out the Queens Road on as Direct a line as may be from Darby to answer the bridge on Chester Creek ; It is ordered that the said Road be laid out accordingly, And if there shall be occasion for building a bridge over any Navigable Creek or water, for the greater Conveniencey of Travelling the said Road that such Bridge shall be so built that the same may in no wise hinder any Boats from passing either up or down such Creek or water, And it is further ordered yt Jasper Yeats, Caleb Pusey, Jeremiah Collett,
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Robert Barber & John Hendrickson, or any four of them, do survey and lay out the said Road, and that they return as soon as they can to this Board under their hands and seals, an Exact draught setting forth the severall Courses thereof.
At a Council held at Philadelphia, ye 3d April, 1706. PRESENT :
The Honble JOHN EVANS, Esqr., Lieut. Governour.
Edward Shippen, John Guest,
Samuel Finney, )
James Logan, İ
Samuel Carpenter,
Thomas Story, 1 Esq'rs. William Trent,
Richard Hill,
Griffith Owen,
Jos. Pidgeon.
Esq'rs.
The Governour acquainted the Board That this Council was now called at the special Instance of a particular member of it, that the business chiefly related to the Commissioners of Property, but it was desired that it should be also at a Council as relating to the Govern- ment, and further proceeded to inform the board, That the member was the person chiefly concerned in the Judicial power that he had an expectation given him of some satisfaction to be made him for his services for the time past by a salary, and now desires to know whether it shall be continued for the future, and refers to Judge Guest, the party concerned, to speak further for himself.
Judge Guest further enlarged upon what the Govr. mentioned, and desired that it might be settled here, whether he should have a certain assurance & Dependence upon the same salary of one hundred pounds per annum, for the future, to be continued to him by the Commis. of Property, or otherwise, which he was to have for his last years services, or if that should not be continued, he desired he might be told so, and he was very ready to lay down.
The matter being largely discoursed, it was the opinion of the board, that the Office of Chief Justice in this Govmt. ought to be attended with a salary, but that it could not be thought reasonable that the Propr. should support the Charge out of his Demesnes, nor yet that the Govr. should pay it out of what belong'd to him, but that the most proper measures should be thought of for raising such a salary, or finding sufficient Encouragement for the future, But that for the time past whatever had been promised the Judge ought to be performed.
James Logan, Receiver Genl. under the Propr., in his behalf, in- formed, That the propr. in April, 1701, promised Judge Guest One hundred pounds per annum for his services, which salary he threw up again at the Proprs. Departure ; that after this Judge Guest had frequently applied to the Commrs. to consider his services in some favourable grants of Lands that he had occasion for, which they did as far as they could well venture, but coming at length to a Resolu- tion to grant no more; Upon the present Governours pressing in- stances, he (the said Receiver) had, in March, 1704-5, engaged to
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allow the Judge after the rate of One hundred pound per annum, till the business could be better settled, but that some Letters arriving here directed to D. Lloyd, J. Moore & I. Norris, which were shewn to the Commrs. the tenth of July last, He (the said Receiver) ac- quainted the Govr., that from thence forward he could stand obliged no longer to the Judge, being resolved to wind up all the Proprs. affairs in his hands, and desired the Govr. to inform the Judge of the same, & added, that the fifty pounds for which the Judge had a bill on him was answered by acct .; that the Grants made him of Lands were over and past, that for the Engagement of One hundred pounds per annum, he was also ready to make good from Marth to July & no longer, that he could never render himself any satisfac- factory reason for what he had done of this kind, but hoped that the other three Commrs. would Justify what they had done, & the Govrs. authority on which chiefly he relied would screen him from the Proprs. displeasure in the other. The Govr. acknowledged that what the said J. L. had spoken of his Engagement, & of his discourse upon the arrival of the said Letters was true, and that it was equally true He (the Govr.) had also acquainted the Judge with it, and that what he had promised he was ready to make good. It was then, after much discourse proposed, as it had often been mention'd, that as there ought to be some Consideration for the Judges Services in that Post, so it should be left to the assembly, in whom chiefly it lay to make a suitable Provision.
The Judge declared that he expected his salary of One hundred pounds per annum to this time, from whose hands soever it should come; that he could depend upon the Govr., But would not upon any other Board or power in the Govrmt., upon which the whole ended.
A Petition from Peter Evans, Dep. Regr. for the Probate of Wills, &c., was read, showing that the Petitioner, being upon acct. of his office obliged to attend the Orphan's Court, in the several Counties, had accordingly done so for several Courts past, & there filed the Petitions exhibited into, & entered the Orders made thereupon by the said Court into Books, &c., but that by the great former neglects of the said Court, he could neither by Custom nor Precedent, demand any fees for his trouble & service, & therefore prays that this board would ascertain and appoint such fees for filing and Registering such Peti- tions & orders as should be found reasonable.
Ordered that the Petitioner prepare against the next sitting of the Council a List of such fees as he would desire and think reasonable to be annexed to his office, and that at or before the said Council a Clause be prepared to be inserted, in the Law for establishing Courts to give the Power, of establishing fees not settled by law to the re- spective Courts Concerned.
A petition of Henricus Vandike of the County of Bucks was read, shewing that the petitioner was possessed of a Tract of land in Middletown, in the said County, through which a great publick road to the falls was carried for the whole length, but so obliquely that it thwarted his said Tract three several times, & thereby cutt it into
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several irregular pieces, which he is forced to fence in distinctly to his great Damage, &c.
Therefore prays that the said road, having never hitherto been regularly laid out, may be ordered to be laid out through his said tract de novo, so as to run along one side of his said land, which will be found altogether as convenient for the Inhabitants and much more Commodious to the Petitioner, &c., & thereupon a Draught of the Land & Road was presented.
Ordered that Jeremiah Langhorn, Thomas Stackhouse, John Stackhouse, Thos. Beanes, William Hayhurst, & Robt. Heaton, Junr. view the said Road & alter and lay it out as the Petitioner Requests, if it may be done without any inconvenience and the place thro' which the Road is desired to pass, prove equally commodious to travellers, and that the Petr. cutt clear & make good the new Road at his own cost & charge.
At a Council held at Philadelphia, ye 17th April 1706.
PRESENT :
The Honble. JOHN EVANS, Esqr., Lieut. Governour.
R. Mompesson, E. Shippen, 1 Esq'rs. William Trent,
James Logan,
Thos. Story,
Jasper Yeats,
Esq'rs.
Griffith Owen,
Richard Hill,
Capt. ffinney,
The Govr. acquainted the Board that the Propr. had by Judge Mompesson sent over his warrt. directed to Coll. Hamilton, to pass a Commission under the Great Seal, constituting the said Gentleman Chief Justice of this Govermt, but that Coll. Hamilton being de- ceased before his arrival, it could not then be done, and it has been to this time deferr'd, but that at length the said Judge has been pleased to accept of it tho' the present encouragement be but very slender and no way inviting, yet it may be reasonably hoped since the Country has now made some provision for the support of Govmt., they will not fail likewise to provide for the administration of Jus- tice in the Courts, & Especially take care to lay hold on so good an opportunity offered them.
Upon which the Govr. Ordered a Commission already prepared, appointing the said R. Mompesson, Jos. Growdon, Jasper Yeats, Samuel ffinney, & William Trent, Provincial Judges of this pro- vince & the Lower Counties, & Constituting the first named Judge Chief Justice, to be read, which being done the said Judge not hav- ing been in Commission for this place before, took the Oaths of fidelity to the Queen with the other usual Oaths, as also that of a Judge for this Govmt. according to an order of the last Council. Peter Evans exhibited a Table of such fees as he thought were rea- sonable to be allowed him in his office, which was approved of by the Board, But the Law for Establishing Courts being Consulted, it appears that it belongs wholly to the respective Courts themselves
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to establish their own fees, to whom 'tis Ordered that the said peti- tion and bill be recommended.
At a Council held at Philadelphia, ye 3d May, 1706.
PRESENT :
The Honble. JOHN EVANS, Esqr., Lieut. Governour.
Roger Mompesson,
Jasper Yeats,
Edward Shippen,
Richard Hill,
Samuel Carpenter, Esq'rs.
Esq'rs. James Logan,
Willm. Trent, Geo. Roche,
A petition of James Gould, Master of the Sloop Hopewell of Bos- ton in New England, now under seizure in the Port of Philadelphia, was read, exhibiting, That the Petr. Sailed from Boston with the said Sloop in March last, bound directly for Salem in West Jersey and Philadia., with due certificates for the goods on board ; that the Collr. of Salem, vizt. Capt. Jewel, being dead, he applied himself to Coll. Ingoldsby, Lieut Governour & Jeremiah Baas, secry., who entred and cleared the said Sloop by a permit under their hands, leaving a blank in the Clearance for the said Master to fill up when he had landed, what goods he should there put on Shoar, and then to proceed to Philadia., where upon the arrival of the said Sloop, John Moore the Collr. Seized her with the Papers, Clearances, Re- gister and Permitts to the said Vessel belonging, but for what rea- son he cannot learn. Wherefore he prayes the consideration of this Board in ordr. to a discharge or Issue to prevent the Petitioners utter ruin, &c.
Upon which the Collr. of this port, John Moore, Esqr., was sent for and the sd. Petition read to him, and he was thereupon desired to show for what cause he had seized the said Sloop ; accordingly he informed the Govr. that it was for want of a Certificate for the Goods he had on board, the Certificate he produced being forged or false.
Ordered, That the said Collr. take Care that the Libel against the said Vessel be forthwith filed with the Register of the Admty., And that the Court of Admty. proceed as soon as possible to the Trial.
At a Council held at Philadelphia, ye 14th May, 1706.
PRESENT :
The Honble. Coll. JOHN EVANS, Lieut. Governour.
Edward Shippen, )
James Logan,
Samuel Carpenter,
Esq'rs. - Thos. Story, Esq'rs. Jasper Yeats,
Griffith Owen,
William Trent Capt. Roche.
The Govr. laid before the board a letter of the 11th instant he had just now reced. by Express from Coll. Seymour, Govr. of Mary- land, upon acct. of which he had summoned this Council, Which Letter imports that a vessel from Lisbon came in there the day pre- ceding, viz. the 10th, who gave an acct. that about three leagues to
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the Nwd. of Virginia Capes, she was chased four hours by two french Privateers, who fired many shott at him, but night coming on he escaped, also that he saw seventeen sail of Sloops & some Ships & Brigantines standing to the Nwd., that the said Govr. thought fitt for her Majesty's service to give this Information, as he had done to the Govmt. of N. York, &c., Upon which the Govr. desires the Board to consider and advise what is fitt to be done at a time of such danger, when the Country lies so open and naked.
And the Condition of this Province in Relation to Defence being largely argued, and the profession of a great part of the People, which disables them from bearing arms, being also considered. It is Resolved, Notwithstanding by the Govr., and such whose profes- sion allows them to use arms ; That all measures that are Practi- cable be taken to put the place & people in the best posture of De- fence, & thereupon Ordered, That a Proclamation be Issued forth- with, requiring all persons who have arms to fitt up and put them in Order, and such as have not to furnish themselves without delay, with fire arms and ammunition, and that Capt. John ffinney, Samuel Holt, Thos. Grey & Thos. Andrews, do immediately, after publica- tion of the said Proclamation, go to every house in Philada., & fully examine, search, and take an acct. in Writing, of what arms & am- munition every person has in their possession, and in what order & condition they are ; also that a general Muster be forthwith Ordered throughout the province.
At a Council held at Philadelphia, ye 15th 3 mo., 1706.
PRESENT :
The Honble JOHN EVANS, Esq'r., Lieut Govr.
Edward Shippen, John Guest,
J. Logan,
William Trent,
Samuel Carpenter,
Esq'rs.
Capt. Roche,
Thos. Story, Griffith Owen,
Joseph Pidgeon.
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