Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1777-02-11 00:00:00, page 2

fH ILA DEL P HIA. }
& ACT, direflin, the mode and time of dewing Ju^TA|
CES of the PEAeE/br the city of Philadelphia, &d the
federal and refyeftive comities in ibis CommonfWealth,
and jar other purposes therein meatibned. 1
WHE R E AS' it is directed in the Constitution ef|
this State, That “ Justice? of the Peace fliall be
elected by the freeholders of each city and county reflec
tively as the laws (hall dire&y” Beat therefore enabled,
and itte hereby enacted, by the 'Reprefentatives of the
Freemen of the Common Wealth ofPerinfylvania in Ge
neral Affably met, and by the authority of the fame,
That the Freeholders of each ward of the city of Philadel
phia, the freeholders of the dirfti& ofSouthwa/k, and
the mwnfhlps of Movamenfing and Paffyunk united, and
the fo^nfhipof the Northern Liberties of the said city,
^re hereby authorized and required to fret at the State-
House in the said city on the twentieth day of February
instant, arid then arid there, each ward in lhecitf, the
said united dFftri&, and 0e laid townihip of the Northern
Liberties of the city of Philadelphia, for themselves re
fpeaively, to ele& two fit perlons forJuftices of the Peace
for each ward, and four-fit performs tor Justices of the
'Peace for the said United difo-id, (corififting of the dif
tria of Southwark, and the townships of Moyamenfing
afid Paffyunk afore said) b nd ' four 'fit persons for Judifes
of the Peace for the said Northern Liberties.
And be it further enabled by the 'Authority cf^^id, That
the Commissioners arid Aff^rs, who have then been last
ele&ed to aOhfe and levy the public taxes of the Counties
of Philadelphia, Blacks, Chester, Lancaster, Berks, York
and Northampton, or firae five oFthem in each of the
counties aforesaid for which th^/ vf^chofen respective
ly, (hall meet together, on or before the t'weritieth day
of February infant, ht the'Coitrt-Hmfc ih each refpec
:tive county, and divide the county of Philadelphia feto
'twelve diftrichy the c< unt, of Hucks into thirteen dif
tria # s, the county of Chester into fifteen difad&s, the
county ofLancafter into twertytv)d di^r^, the coun'y'
<, Birksihto twelve diffrißs, the county of Y©ik into
eighteen di^ri&s, and the count, %f Northampton in,o
Sixteen diftr^ ; and (hall appoint arid publish the titre
and place of elt&i n br, ht lesff, fx public ad ertife
tinents in each refp # &ive diftridt,the publication to be
at ler.ft ten days before the day of e'yfLen; for Which
they 111 ill be paid at the lame sate as they fhah'be paid
for thsir other fervieg,. And the freeholders of each of
the fcveral and teTpe&ivduLr &s in teach of the cttiin
ties aforefiidp afebereh, 'authorised and required to
hue t together on the tenth day of Ml- ch, ft the place so
appointed Iy the CorumKoo^rs and Ail hors, arid Left
two fit peffons for Judices of thePeJ.ee for each diftrT.
And be tt further enabled by the authority afrfhid, That'
if the CommJH" ners and AiAiljri of, any of the Counties ;
aforTrid, fril negk^ ofrefufe to appear and do and :
"performthe duties and services weired- of them by this '
s'&, every such Commfiloner or ATWr so refuting or
megl^ng to appear at the title herein appointed, if not
prevented b, fiknets or ether unavoidable accident,
oall forfeit and pay the Turn of, twenty pounds to the
Treaftitty for the time being, .'to be.added Toth€ tax rai
ftd in such county to defray the public debts of the coun
ty ; the Lid for e^urf to be levied arid cpikaed by such
tomufiffion 'rs and Auellors as do so appear, as the coun
ty taxes are kytd and cehe&eJ.
Aral be itfarther 'endued 'by the duthdriy Aforefaid, That
the freeholders of each townfir, in rhe county of Cum
berland, are hereby authorised and required to met on
ihe twenty-fifth day cd MhrcfrncXt, and the freehold
ers of each townrilip,n the counties ,of Bedford, Nor-
Ihumherlabd, and WfftffiOretsnd, are hereby authoriz
ed arid required to meet together on ilk twenty 'filth da,
of April next, at force proper phc^ in each town (hip,
and eleft two fit perform Tor Justices of the Peace for each
township 1 But where there is a county-town in tydif.
trift in this Stat & , net having a charter right to clf&
BurgefTes, the freeholders of fitch diftda Gall el & fix
'fit persons for fodices of the Friars for fetch cii&iSt: But
before the freeholders ofahy warden the city of Phila-.
delphia^ or the diftrkF to^po^d of°th'e diftria of South
w^k fnd t!± toWnftiipa of Moyarnrrbirig and Pefyurk,
and tat township of the Northern Liberties o; the City of
Philadelphia, or any other dhtri^ of towr.fhlp, mail
proceed to the tk &ion of Justices of the Peace; th^, mail,
on die lame da at the place appointed for the eleQion,
(if not before done.) ele& one fufficiffit person 6 r inspec
tor, arid ohs far an affidant judge wher, such diftri&
fnhi coxfid of more than one tQ^nJhip : But where a d,l
tri& (hall confilt of but one township, the fr eholders
Avail elfd one mfye^cf and two affirtmt-jud, er , and
the said judges foil assist the said infoe&ois in receiving
and counting the votes of electors and preventing frauds
and impefitlens therein:And when the elections are fi
hifhed and the numbers call up; the infpe^or ox ififptc
tors and judges aforefaid, or a majority of them, foil
f/rthwith trhaftti a certificate thereof unds r t' tie hands
and seals, to the Frefidient and Council, or to the Gene
ral Assembly, if then fitiii g, arid one half the number
so elected (hall b£ comin filmed according to the confti
tutfen f the State.
Ard be itfarther enafled b, the authority dfrfefdtd. That
before the m,<&ors and judges proceed to receive the•
votes of the freeholders, ' ey (hall tike an oath or affirm,
&rbn to thcfolk wingte&%, ('peaking the words them-- :
selves, without any ' ' f th adminritering rhi fame) to
Wit, Ifkh infyefof=l tX/Tw^r) or Ido solemnly, sin
cerely and truly-deciare and affirm, that I will well and
faithfully receive ^nd cast up all the freeholders Votes
within ray precinct, as may be offered me at this ehdti
on for Jufiices oftlie Peace—arid I will not refufe any vote I
through prejudice chill-wili, rior receive any through I
favour or affeftion ; but will behave ntylelf ds an honest
infpeadr of this election, according to the belt of my
Aril and judgment —And if a judge of the de&ion,^l
WILL faithfully aflitt the inferiors of this election in
performing the duties required of therp by this act, ac
cording to the belt df m, &ll and judgment.—And the
oyerfeere of the poor of the refpe&ive townships in the
counties of Cumberland, Bedford, Northumberland and
Weftmorrland, are hereby dinned and required to ap
point a place for holding th&fafrJ election in their refpe&ne
townships, and give public notice thereof by adverting
the fame at fix or more public places, at least ten days be
fore the time appointed by this %6t, und-r the penalty of
ten pounds fur every refusal or neglect, to be paid to the
perG^ that will W for the fame. But iflt ffrall happen
that any town (hip or tswn^ps ffiad r.ot have therein an ,
overseer office poor at the time alo/efaid, it faall and.
may be lav^f for the inhabitants of lucti township of
townrilips refyeftively, to meet together at force place
'is they may agree os, and elect two fit pertoris for Jus
tices of the peace for each of inch townf^ips, in the niar.^
ner before-mentioned.
And be itfurther enabled by the authority aforefaid, That
the inhabitants of thFtoroughs of Chester, Bristol arid
'Lancaster, (hall be, and they are hereby authorifea fnd
impowered to ezercife the right of electing Burgefies,
eoKftahles, and other their officers, as is by their foveral
and refpe&ive charter's granted to them— And moreover,
'the Bwrfeeffes of the borbughs ofßriftol andLancafter dial!
be Justices of the Peace for the county in which they re-
I fpedively a*e, and have equal power with the otherJuf
tices of the Peace for fitch county, without any further
&r other comniiriion for that purpose,
Add be it further enabled by the authorAy afarefatd, 1 hat
when the Justices of the Peace el tied as afotefaid, of
that may be appointed by the Prtfident and Council,
have taken the oaths or affirmations and received their
commi'ffions as diredied in the conHitbiion of this State s
;thev (hall and may exercise all'the powers, authority and
jurifdiaion that the Justices of the 'Peace might, could,
^ or Bright to have had under the late laws anil charter of
fl/the province of Peririfylv'anra before the fourteenth day
of May lari, and their precepts fltall be in the stile arid
n>me of the Coh+mon-'Webkh of 'Pennfylvinia in all ca
) Tes where the King's,name h^s heretofore been fifed in
1 such preempts, fubp& nevertheless to the Abridgements,
q exceptions and regulations made by an .a& of General
j AffemL'y of this State, entitled "An ^ to revive and
1" put in force ftich 'arid To'much oftbe lat% ihws of the
% " Province of Pennsylvania a{is Judged nef'^farv to be
'I " ih force in this Common Wealth, and to revive and
" triablilh the Courts of justice, and fdr other prirpo^s
therein mentiofibd."
'(Signed) " .jOHN 'JACO BS, Speaker.
Ab A CT so b&vhbrdnd put'mftree fueb and so Anab of
(the late I anus op the r'rdTOißce.'dffcAtifytoatiia as is fadg
ed necefo/y to be in force id this Colimon ^wealth, and to
revive and efiabdifo the Courts of fu/liee, And for other
ifeurpofes therein mentioned.
I^l^ THEREAS by theifrdrihftutional feowerdaT:-
I.VV ed by the British King =nd Parliament over the
American Colonies,,.and the cruel arid oppreflive mea
1' hires which the said King arid 'PaLament have.purfued
to eftaMife that power, it breatre necKTary 'or the Co
lonies to declare themselves free and independent States,
4 which was accordingly done ftrfrArint rd a Refolfe cF the
1 Continental Congress? WhYeupo'n kll authority being
j in *nv person under the (aid Kring confquently celled,
^ ard the Laws em.fted by his R't^refentarives here becr^e
J of ho force or effea,jkltbo'"&e fame were for the mod
I part Suited to 'the cfa-b.m fiance's of the people': A N D
I W HERBAS it 'is ahfotutely ne& ffary, for the well
1 governing 'every State, th^ Lawsproperly adapted to the
i circurnftances T its inhabitants be at all times in force.
T Beit fherefoK enaß.ed, and it is hereby enaaed, by the
Repfe'fcnt?tives cf the,Freemen of tteCom^n.W&lh #
of Pennfflubrii? in General AiLraHy met, mid by the
authority of the fam.~,^ Th-t each arid every cn^of the
Laws or A&> of General Audibly that Were in force and
binding On the inhabitant of the said Province on the
fourteenth day ot Ma, last, Ihall be in force and binding
bri the inhabitant of thi^ State from and after the tenth
r day of February irftant, as fdlty fi| #£aualiy to all in
tents and pu r poses as if the Lid Laws and each of them
had been m^de or 'enabled by thi General Affercbfy ; and
all and every person arid perlons whatsoever are hereby
enjoined an 1 required to yield obedience to the Faid Laws
a* the case may require, until' the said Laws or AKs of
General Assembly refpc^ively (hall be repealed Or alter
ed; or until they expire by their own limitation , and
the common Law and such of the Statute Laws of Eng
land as have heretofore been in force ia the said Province,
except as is hereafter excepted.
. 'Provided abufy's, And be A farihei endfied ty ibeautbo^
' rity aforefaid, 'Tfet so much of every Law bt Act of Ge
neral Auembly of th^ Province aforesaid as orders the
t king or fobferibirg any oath, affirmation or declara
t or, of allegiance or fidelity to .01e King of Orest-Britain
or his fucc^ffofs, or oatc of office; and so much of every
Law or A& of General Alfembly aforefaid as acknow
ledges rny authority in the Heffi or Devifees of William
Fenn, Esq; deceased, the former Governor of the laid
Province, or any other pterion whatsoever as Governor;
and so much of every Law er A& of General Assembly
as 2 certains the number of members of Assembly in any
county, the tme of elusion, and the qualification of
electors; ^hd so much of every L%w Or A& of General
Assembly aforefrid as declares, orders, direct or com
mands any matter or th bg repugnant to, against, cr
inconsistent with the CoTtitutiun of this Common
wealth § and so much of the Statute and common Laws
relating to felonies as takes notice of or relatebto treason
or misprision of treason, or directs the stile of the prb
cefs in any case whatsoever, Gail be and ate hereby decla
red to be null and void and of no force or ^ff ft, any
wiring herein contained to the contrary notwithftandifr%
^ And be i! farther enabled by the authority afetefaid, 7 hat
Courts of Quarter and Petty S, Kwns, Courts CT Common
Fleas, Orphans Courts, Supreme Courts, Courts of Over
and Terminer and General Goal Delivery, ihall be held
and kept in each refpe&ive county in this State (at the
times and places directed and appointed by the said Laws
or Afts of General Alterably) by the Justices and Judges
that Ihall be hereafter elected and appointed § the fame to
commence in each county on the sane d%ys of the fame
months refpe&ively appe inted by the hod Laws for hold
ing such Courts that (ball be next a'ter the Judges or Jus
tices of filth Courts are qud tied to hold the fame, and
(hall have, ute and exercise ril the powers, authority and
jurildia on that bythe aforefaid Laws, justices and judges
of such Courts refpe&ively heretofore bad, u sed and ex
ercised, and the powers of chancery given to the Justices
by the Constitution of this State ; agreeable, neverthefefs,
with this A& and such other A& or A&s of General As
sembly as £ha:i be hereafter made; and every officer of
all and every of th,e Courts in this State that is or that
(hall be clewed or appointed (hall have, use and exercise
the fame or like powers that Kc. % officer cr officers of the
farce tMe, charter and diftincti^n yGgbh r^ufd &
ought to h„e had, used and exercifid under the Charter
and Laws o^rarifylvania. And all Conftabies, Ovrieeis
of the Poor, ^nd the Wardens and Sheet CorrmTGneia
of the city of 'Philadelphp, And Supervisors of the High
ways, 'that were bit appointed or, ele&ed in the ri ,u Pra
vince, are hereby authorized and flri&ly er joined and re
quired to exercise iheir several and 'refpeaive powers, and
execute, 'do and perform all the business and duties of
their several fne refpeaive calces until others ate ap
pointed in their stead and places.
And be it frother enabled fy the &ath orit, aforefaid, That
>all perlons that have ,reen appo need to any public office
or cilices by the said King 'Of Great-Britain, or the late
Governors of 'Pennfflvania, or by afts of General As
sembly aforefaid, me hereby declared to be no longer
officers in the ftverai and refpt&ite offices to which they
were so appointed (thirTruftees of the Loan-Office only
• excepted.) r . ~,
'And'be it farther enabled by the kutEority aforefaid, .Tha^
the Prtfident and Council .Ihall appoint one m the Jus
tices in each refpeaive County to preside in the iefpe<hiie
Courts, and in bis absence the justices wl o (hall attend
the Court fllallchodfc one of themtelveg Preiicent far the•
time being.
l And be it furtber'driaaed by the du/bority afortfAd, That
levery action that was in any court in the Rovince of
I Peroifylvania at the last term, that the said court was
held, except dilcontinucd or fatisfied, /half be arid i 3
hereby declared to be in the fame date, and on the fame
rule, and may be prosecuted in the fame manner in the
• courts in each fefpt&ive eonrity- ,to be hereafter held
and kept, as if the authority of such court had never
ceased, aud it any rec<y finance ha, been taken and net
returned, it is hereby declared good find valid in law,
I and Ihall be returned and protected as the laws dirrci,
Ifavingihe fyie, and Where any person had obtained a
judgment before any lattice of the P^ee, for any debt
or lum of money, and such jirdgment.net dilchai ged,
the perlon,fin whole favour the judgment is, may
(on producing ^ tranfeript bf such judgment to any
Juftire of the Peace in the County where the dehndent
dwells or can tre faund) demand and Britain an executi
on fcr the money mentioned in such judgment, uhich
fhaft be of the fame force arid effi & &: if the judgment:
was obtained before the Justice that granted the execu
tion, ———_ —=_.Q
^y His Excellency
WILLIAM LIVIN GSTDN, Esquire,
Governor, Captazn-Geheral atid Commander in Cbiej i,
and ever the Stare o, New perfey, and territories ibere~
tato belonging, Chancellor and 0; ditcar, in the fame.
PR O C LA M , T I 6 N.
I*^7 " ''" '"'corrie of the just ces of the Pe.ee of
y, this State have been too remits in difeharging
the fluty required of them, by a certain law, enide^
I fc An att to pttnifh traitors arid difffi&d petfins,"
palrid on the found day of Goober la#. I have there-
I Lie thought hr, by and with the advice of the Council
of tins State, to Blue this Pm clamat'bn, hereby ftri&y
charging and commanding all Judices of r e Peace with
in the rime, to c^rfy the said && fa,to execution m far
as to them ir doth appeiuhr.
AND WHER^A&it baitb^en re,h?fehted to me,
that teverai detachments of the militia of this State have,
ajdi&rent braes, feezed and carried away thegcods^and
effects or their fellow inhabitants, on pretence that the
owners thereof were inimical to the liberties of America,
or had luomitted to, or taken protections from, the
enemy, A prance which, however attempted to be
vindicated »nder pretext of inditing condign punifimem
on the internal enemies cf ohr country, is not only re
pugnant to the laws of the laad, whereby every mar'^
property is jeeured and protected until it is declared for
feited by judicial process, but hath a married tendency
to inflahte the minds @f the (offerers ; to excite Jealousies
and contentions between the inhabitants, at a time when
we ought to be peculiarly ttudious cf cultivating ' unani
mity and concord ; to diffufe amongst the foidiery a (pi
rit ot licentioufneis and plunder, and to relax, cr rather
abalilh all discipline in the military, as well as all order
in the civil department. Ihave there fore farther thought
fit hereby ttri@y to charge and command all the officers
and privates of <he militia Under my command, and all
other perlons whatsoever within this State, to d^fift fee
the future from all such depredations and. violence-
Provided nevertheless, that nothing herein con
tained is intended to retrain the militia fipm leiz ng any
of the goods or tffe&s of fulpe&ed perfuns, by the ex
press orders of any general officer in the service of the
United States, or of the militia of New-Jersey, when
ever such general officer (hall judge it neceflary for the
public weal ; in which case after having taken an inven
tory of the goods or effe&s so feiz-d, the commanding
officer of the party seizing them, shall deliver one cep,
thereof to the owner or lait p< If ffor, and another to the
general officer who ordered such seizure to be made ; and
such gcoris or effeds Gall be lately kept without waste
or distribution, until difyefed of by due co^rfe of law.
A ND W HEREA S the property of many of the
faithful and loyal lubje&s of this State, well affeaed to
American freedom, and exempt from all suspicion of
abetting the designs of the enemy, has been carried away
cr destroyed by parties of the militia of this State in their
marches through, and on their Actions within the fame;
the commanding officers of all such parties are hereby
ftri&ly charged and commanded diligently to exert
themselves in preventing the like tiforders and violence
for the future; and to return the name or names cf
every perlon and persons who ihall hereafter be difeover-,
ed to commit inch disorders or violence, together with
the particular nature cf the cfFence, to the Colonel of
the regiment to which such offender belongs. Ard the
"several Colonels of the militia of this Smte are hereby
ordered and dirr&ed not to fuffer any corps exceeding
the number of fix men, belonging to their respective re
giments, either in marching to, or returning from their
quarters, to travel without their proper officers.
Given under m, bed and seal at arms at Haddonfield,
this fi,th day of February, in the year of our Lord One
Iboufand Seven Hundred and Seventy fevers.
WILLIAM LIVINGSTON.
By bis Excellency's command,
Charles Pettit, Secretary.
GOD save the PEOPLE!