The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1782-09-26 00:00:00, page 2

An met for rhe more effectual suppression of all inter
course and commerce with the enemies of the united
flares of America.
AX WHEREAS large quantities of British products
%V ant main failures, and goods, tares and m.r
chandize, which come from the dominions and places
possessed by the king of Great Britain, are from time
to time introduced and consumed in this Bate, not
withdandihg the laws heretofore made to prevent such
clandefline and mischievous practices.
And whereas not only decency and gratitude to our
great ally, the mod chrißian king, but found policy,
should induce every citizen of the united states to pre
fer and promote the file and consumption of the growths,
produfts and fabricks of bis dominions, more especial
ly; and the commodities which may be had from the
nations who are paries with us in the war against the
king of Great Britain ; thereby flrengthning our
friends, and weakening rhe resources of our and their
enemies, who Gk to <nffave us; wherefore,
Be if enabled by the representatives of the freemen
of the commonwealth of Pennsylvania, in general as
sembly met, anl by the authority of the fame. That
all goods, wares and merchandize of the growth, pro
du& or manufacture of Grea(-Britain, or of any
country, ' territory o place under the dominion or
power of the king of Great-Britain, and all goods,
wares and merchandize whatsoever, which have or (hall
come from any country, territory or place possessed or
held by the (aid king or by his forces, shall b° consi
dered as contraband, and as contraband (hall be lia
ble to be seized, condemned and confiscated, in the
manner herein as e r set forth and directed ; other and
except such goods, wares and merchandize, which
have been or shall be taken, bona fide, as prize, upon
the water, and brought into this Rate for trial and con
demnation ; or which have been or shall be, bona fide,
condemned as prize in some court of admiralty only,
within the united Rates, and which shall be imported
directly from the particular Rate where such condem
nation shall be: provided the fame goods, wares and
merchandize, be accompanied with a certificate thereof
from the judge of such court, expressing the qualities
and quantities of foch goods, wares and merchandize,
tog tier with the natuere and kind of the packages
wherein they be contained, and their marks and num
bers, and the time of such condemnation ; and except
also all common salt, faltpetre, gunpowder and lead,and
likewifeall goods, wares and merchandize, that shall
jmanifeftly appear to have been imported before the p fl
ing of this aft, which prize goods, certified as above
directed, salt, faltpetre, gunpowder and lead, or goods
heretofore imported, shall not be liable to be con
demned by virtue of this aft ; and except, moreover,
ad goods and effeds, which do bona fide belong to the
united Rates, or any of them, or to tl e moßchriflian
king ; or neceffary'c'oathing, which shall be introdu
ced into this Rate for prifonerg of war,; provided the
nature and quantities of such eloathing be certified to
the president and council of this Rate, before they be
imported, by the commander in chief of the fercesof
the united Rates, or by some other officer thereunto
specially appointed by the honourable the congress of
the united slates. Provided always, that all goods,
wares and merchandize, imported directly from, any
port or place in the dominions of France, Spain or the
united provinces, cr other powers at open war with
Great-Britain, (hall not be liable to confiscation, fu
ture or molestation by virtue of this a&.
And be it further enabled by the authority aforefaid,
That from and after the pafling of this aft, it shall be
lawful or any person or persons whatsoever, to seize
and take possession ofall goods, wares and merchandize
which he, (he or they may find within this Rate, or
which shall be found moving through any part of this
slate, and which, in the opinion of such person or per
sons, shall be contraband, and the fame, together withthe
carriage or carriages, horfes,cattie, vessels or boats,which
shall be employed in conveying or transporting the said
goods, wares and merchandize, and every calk, box,
trunk, wrapper or other package, wherein the fame
may be contained and found; and the person or per
sons who shall make such seizure as aforefaid, shall
immediately thereupon make out, in the presence of
the person or persons in whose possession they shall find
the fame, if they or any of them will be present, a fait
and particular inventory in writing, of the goods,
wares and merchandize, and other property which shall
be by him, her or them seized and taken as aforefeid,
and shall insert in such inventory,the names of the person
or persons from whom the fame (hall be taken, and the
names and places of abode of the person or persons
who shall seize and take the said goods and other pro
perty, and the time and place of such tranfaftion ; and
the person or persons making such seizure, or one of
them, shall deliver a fair and true copy of such inven
tory to the former possessor or possessors of the goods
which shall be fezied ; and the person or persons seiz
ing shall moreover, without delay, make information
of the farce, and deliver the inventory aforefaid to one
of the juPices of the peace for the county wherein such
seizure shall happen, and shall profecutethe fame be
fore the said justice, who shall enquire, hear and de
termine concerning the justice of such seizure, as here
in after is direded ; and the fame justice shall, upon
receiving such information and inventory as aforefaid,
immediately issue his order, with a copy of the said in
ventory annexed thereto, to the fheriff or coroner of
the county, o, in in case the goods and property
seized be of small value, to the constable of the township
or place, to take possession of the goods and other pro
perty set Forth in such inventory, and to keep the fame
fafely till the justice of the seizure thereof shall be tri.
ed and adjudged ; and such officer shall cause the goods
and property, which shall be thereupon delivered to
him,' to be appraised by two skilful and indifferent per
sons, named by the said justice, and (worn or affirm
ed to make just and reasonable appraifement, by the
fame or some other justice of the peace for the coun
ty, and the person or persons making any seizure un
der this aft shall fafely, and without injury or diminuti
on, and without delay, deliver over to such fheriff or
ether officer, all goods and other property, by him,
S TATE of PENNSYLVANIA.
Provided also, That no carriage, beast, boat or vef
fel, Shall be liable to condemnation as aforefaid, unless
the goods or merchandize connected therewith exceed
the value of ten pounds.
And be it further enabled by the authority aforefaid,
That upon all trials before one or more justices, and
with or without a jury, by virtue of this ad, the jus
tice or justices shall in a fammary way examine into
the fa(b by witnesses or other legal evidence, and with
out considering the form or manner of the seizure,
Shall examine into the real merits of the cause; and it
shall be fufficient for the plaintiff or plaintiffs upon trial
to alledge any sass or faffs fufficient to cond mu the
goods and property filed, without being obliged to
prove the fame, but the whole burden of the proof
shall lie upon the defendant or defendants, and not up
on the plaintiff or plaintiffs, and no replevin shall issue
or be Served upon any goods or property seized under
this ass; nor shall any certiorari on the part ofany de
fendant or claimant lie to remove any informal©! or
seizure, either before or after trial, into the Supreme
court, but the proceedings before the said justice or
justices shall be final.
And be it further enabled by the authority a'orefaid,
That if, from and after the passing of this aft, any per
son shall apply to a justice of the peace of any county
within this Rate, for a warrant to search for any goods,
wares or merchandize, made contraband' by this aft,
and shall make oath or affirmation that he or fr fufpefl
and really believe that goods, wares or merchandize,
declared by this aft to be contraband, are deposed or
concealed in the dwel ing house or out-house, vessel or
other place occupied by any person or persons whatso
ever, the said justice shall forthwith issue. his warrant
to a constable of the county, requiring him to make
diligent search, in the day time, in such fufpefted place
or places, (to be Specified in such warrant) for contra
band goods, and to break open any dwelling house,
out-honfe, vessel or place, for the purpose of Searching
as aforefaid, if admittance be refufed: and if upon
search therein, any goods fufpe&ed to be contraband
be there found, such conflabte, before he remove the
fame, shall make and fubferibe an inventory Thereof,
as herein before directed, the fame to be made in the
presence of two freeholders of the township or place de
livering a fair copy thereof to the occupiers of the
house, vessel or place; and the said couflable shall dis
pose of the goods so found in any house, and supposed
to be contraband, as in case of goods seized and tlk^n
as aforefaid.
And be it further enaded by the authority aforefaid,
That all goods, wares and merchandize and other pro
perty, which shall be seized and condemned under this
a&, shall by warrant of the laid justice or justices, di
re&ed to the said fheriff or other officer, be forthwith
advertised to sale, and fold by public anßion or ven
due; such advertisement to contain the time and place
of sale, and the quantity and quality of the goods, and
being previously made at least ten days before sale, by
notices in writing, set up at the most noted places of
the township or place where the sale is intended to be
holden, and of at least three of the neighbouring town-
Ships; but if such goods, ware@ and merchandize, be
her or them so Seized as aforefaid, und^r pain of for
feiting to the use of the Rate all advantage or benefit,
which might otherwise arise to him, her or them from
such seizure ; and the said Sheriff, coroner or conflable,
fha.ll make a return to the said juflice, as soon as con
veuieot'y may be, of the goods to him delivered, tQge
ther with the said appraifement.
And be it further enabled by the authority aforefaid,
That the said justice shall confider the party or parties
Seizing any goods or property under this aft as the plain
tiff or plaintiffs ard the person or persons in whose pof
feßio ) such goods or property were found as defendant
or defendants ; and the fame justice shall appoint a day
and place for the trial of the justice of the seizure, and
shall cause fair written notices thereof in writing to be
publickly fit up at the mod noted places within the
township or diftrift wherein lie refid-th, and within at
leak three other neighbouring diftrffis, containing the
nam-s of the plaintiff or plaintiff's, and of the defen
dant or de endants, if they be known, and describing
the general nature cf the goods and other property
which thill have been Seized, and the cause of Seizure;
such d s y.of trial to be fter t- n days, and within fourteen
days afor the affixing of such notices: and if co per
fun Riad app ar and undertake the defence of the goods
and property Seized, the (if juthce n^y pronounce
tenteuceof condemnation against the fame: and if the
person or persons from whom such goods and other
property hath beenfeized, or others claiming the goods
shall appear before the said justice, and r^queft far
thertime, or in case the said justice shall fee cause for
so doing, he Shall defer the said trial until the end,of
twenty days ; and the said juflice, if thereunto requeu
ed by either party, in case the goods seized, betides
any carriage, beast, boat or vessel, shall, upon ap
praifement as aforefaid, appear to be of the value often
pounds' and upwards, shall associate with' himfelf on
such trial two other jufiices of the peace of the coun
ty, which three jufiices shall hear, and bv major voice
deermine concerning the justice of the said seizure ;
but if either party request it the juflice before whom
the information shall firfl come, or in case he be sick or
absent, one of the other io Rices who had been with him
associated as aforefaid, ihall by precept, directed to rhe
fheriff or coroner of the county, require the said fhe
riff or coroner to Summon twenty-four good and lawful
men of the county, to come before him on the da, ap
pointed for trial as aforefaid, twelve whereof being
eteHed and qualified according to legal form and man
ner, shall hear, try and determine the jufthe of the Sei
zure, and upon the verdict of the said jury, the said
jußices, or two of them, shall e^ter judgment ; and no
person (except in the city of Philadelphia) who shall
dwell in the township or diflrifl wherein the seizure has
been made, shall be of the said jury.
Provided always, That no person be admitted to de
fend any goods or property seized as aforefaid, till such
person or persons enter security with the justice before
whom the information shall be made, to anfiver and
pay all charges and costs which shall be caused by the
defence or interference aforefaid.
And be it further enabled by the authority aforefaid.
That an ad of assembly, entitled," A supplement to
the aft for regulating navigation and trade," passed
on the tenth day of April last, shall be and hereby is
repealed and made void ; provided, that nothing in this
repeal Shell reach to or ass-st any proceedings which
have taken place during the continuance of the said aft.
And be it further ena&ed by the authority aforefaid.
That this aft shall continue and be in force until the
end of the present war between the united slates and
Great-Britain.
Sgned by order of the house,
FREDERICK A. MUHLENBERG, Speaker.
Enabled into a law at Philadel
phia, on Friday, the twentieth
day of September, in the year
of our Lord, one thousand Se
ven misdeed and eighty-two.
PETER Z. LLQYD, clerk
of the general assembly.
^^ : ^^^
Three Pounds Reward.
QTR AY: D or Rolen on the 17th infant, a Red Co",
3 will )oar homo horn, one Rrrdle Cow ui:h no
mark; alto a Brindle Ser with rtvkifh hornst Who
ever tak-s up me rii cattle and Secures th:m, so that
the owner may have them again, shall have the above
reward.
NICHOLAS GREAR^ living in Spring-garden.
And be it further enabled by the authority afore
faid, That tue costs upon all proceedings before the
said justices, in all cases, where the value of the goods
seized, Hefdes any carriage, bea fl, boat or vessel, shall
not exceed ten pounds, on appraifement as aforefaid.
Shall be as in Summary proceedings for small debts;
and in o'her cases, as in like cases in the inferior courts
of rec ord of this flat”; provided that the fees of the
Ih riff or other officer, for felling any goods under this
ad, Shall be five per centum.
And be it further enaded by the authority aforefaid.
That no person shall be fu d or prosecuted for any
thing done in pursuance of this aft, unless the suit or
prosecution Shall be commenced in fix months after
tiie cause Shall be given, provided the defendant do not
depart out of the Rate, and then the suit or prosecuti
on to be commenced within fix months after his or her
return, nor shall such suit or prosecution be layed
without the proper county ; and if the plaintiff will
fully delay, or discontinue his suit, or the prosecutors
will fully delay or forbear prosecution, or if a verdi&
be given for the defendant, or judgment be entered for
him upon demurrer cr otherwise, the defendant, in
every such case, shall recover treble costs.
And whereas it is just and necessary, that all persons
who trade.with the enemy or enemies of the united
Rates, Should Suffer other exemplary punishment be
sides the loss of the goods or effeOs seized and con
demned:
Be it further enabled by the authority aforefaid.
That any person or persons, duly convicted of trading
with any fubjed or Subjects of the king of Great-Bri
tain, according to this ad, or to any place within the
dominion or territories of the said king, shall, for every
such offence, in addition so the forfeiture aforefaid,
forfeit and pay into the treasury of this commonwealth,
and for the use thereof, a sum equal to one third of the
value or sum for whch the goods seized and condemn
ed were fold for, or fu ffer three months imprisonment
in the gaol of the county where such seizure and con
demnation were made, at the election of the party of
fending, prosecution to be made in any court of quar
ter sessions of the peace, or court of oyer and terminer.
And be it further ena&ed by the authority aforefaid.
That if any person shall, after the passing of this a&,
come out of the lines of the enemy in the Rate of New-
York, or elsewhere, except prisoners of war, and be
found within this Rate, without licence firft obtained
from the president and council of this Rate, such per
son shall be arreted and imprisoned by any justice of
the peace, upon his own knowledge or having informa
tion thereof, until he or She find Security to Rand trial
as herein after mentioned, if his or her case shall appear
bailable ; and moreover, such intruder shall forfeit any
sum not less than thirty pounds, and not exceeding
five hundred pounds for Such offence; and no person
shall p fs from this Rate into the lines of the enemy in
the Rate of New-York, or elsewhere, without licence
for so doing firft obtained from the president and
council of this Rate, or other proper authority,
under like penalty, not exceeding five hundred pounds;
to be levied for either of the above offences at the dis
cretion of the jufiices of the court of quarter- sessions
of the county where the party offending shall be arrest
ed and imprisoned, the one moiety thereof to the in
former, who shall prosecute to conviction, and the other
moiety to the use of the Rate. Provided always,, that
nothing in the foregoing clause contained, shall tend to
affea any person, passing through this Rate, who Shall
be furnifhed with a proper pass from the executive
powers of any other Rate in the union, and which shall
be approved of by the president and supreme executive
council of this Rate.
sides any carriage, beafl, beat or vessel employed im
transporting them, exceed the value of fifty pounds
upon appraifement as aforefaid, then the like notice
shall be also inserted in one of the weekly news papers
of the city of Philadelphia, at least ten days before such
sale, and rhe jufiices before whom the trial Shall be, or
any two of them, on the return of such warrant for fel
ling of such goods, and the particulars of such sale,
shall firft adjust and fettle all reasonable charges and
cost upon such seizure, and deduft all such expen ces
as the defendant or claimant shall not be liable to an
swer, frem the monies arising from such sale, and then
Shall 1 make an order on such Sheriff, coroner or consta
ble, requiring him to py one equal moiety of the resi
due thereof to the plaintiff or plaintiff's, and the other
moiety to the county treasurer, who Shall transmit and
pay the fame to the treasurer of the Rate, for the
use of the commonwealth; such county treasurer re
taining thereout for his care and trouble, one per cen
tum.