The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1782-09-07 00:00:00, page 2

Sons, who shall make such Seizure as aforefaid, shall
immediately thereupon make out, in the presence of
<he erfon or persons in whose possession they shall
fi d the fame; if they or a y of them will be present,
a nr ind paricuhr inventory in writing of the goods,
wares and merchandizes, and #her property, which
fhail be by him, hei or them seized and taken as afore
fa d and (had prefix to such inventory, the names of
the perhn r persons, from whom the fame shall be
taken, and e rimes and pieces of abode ofthe person
or persons, whh shall seize and take the said goods ahd
or er property, and the time and place of such tranf
adion ; and the person or persons making such seizure,
or one of t cm, shall deliver a fair and true copy of
fuc inventory to the former possessor or possessors of
the good-, which ihall be seized, and the person or
perfon' Mzing, shall. moreover, without delay, make
.ofin nation of the fame, and deliver the inventory a
s r aid to one of the justices of the peace for rhe coun
ty, wherein such seizure shall happen, and shall pro
secute the fame before the laid justice, who shall en
.qurr, near a d determine, concerning the justice of
fuc seizure as hereinafter is deeded, and the fame
jitc- shall upon receiving such information and in
ve t r, as aforefaid, immediately issue his order, with
a ^py of the said inventory annexed thereto, to the
ft ri r cor >ner oftoe county, or in case, the goods and
pr^erry f z'd be f small value, to the constable
of dr townth p or place, to take possession of the goods
; -d other r ^rty set forth in such inventory, and to
ker p th r -fam Rifely till the justice of the seizure there
of find be tried and adjudg'd; and such officer shall
c life i e foods and property, which shall be there
upon delivered to him, to be appraised by two ikill
ftp and indifferent persons, named by the said juflice,
and fv rn or affirmed to make just and reasonable ap
pra/emerr, y the fame or some other justice of the
peace for the county ; and the person or persons mak
ing any seizure under this ad, shall fafely and without
injury, or dimunition and without delay, deliver over
to such fherhT or other officer, all goods and other pro
perty, by him, her or them so seized as aforefaid, un
der pain of forfeiting to the use of the Rate, all ad
vantage or benefit, which might otherwise arise from
futh f?it ?re: and the said fheriff, coronor or consta
ble, shall make a return t> the said justice as soon as
conveniently may be, of the goods to him delivered,
together with the said appraif ment.
And he it further enabled by the authority aforefaid,
£ha< tee said justice shall confider the party or parties,
seizing any goods or property under this aft, as the
plainuh or plaintiffs, and the person or persons in
whole poffewon such goods or property were found, as
defer ant or defendants ; and the fame ju slice shall ap
point a day and place for the trial ofthe justice of the
seizure, and shall cause fair written notices thereof in
writing to be publicly set up at the most noted places
within the township or diftrid wherein he r-fideth, and
wit h, at bast three other neighbouring diflrids, con
taining the names of the pla ntiff or plaintiffs and of the
defendant or defendants, if Cey be known, and defcrib
ir.g the general nature ofthe goods and other property
which shall have been seized, and the cause of seizure ;
such dy o trial to be after ten days and within four
teen days after the affixing of such notices; and if no
person shall appear and undertake the defence of the
goods and property seized, the said justice may pro
nounce lenience of condemnation against the fame;
bu:r e person or persons horn whom such goods and
other property bath been seized or others claiming the
goods shall appear before the said justice, and requeff
farther time, 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 justice if thereunto re
qu - flee, by either party, in case the goods seized, besides
ary carriage, b*aft, boat and vessel fhall.upon appraife
rr^m as af>refiid, appear to be of-the value of ten
pounds and upwards, shall associate with himfeif on such
trial two o: er jufti.es of t e peace of the county,
which three jufiices fhal he r, and by major voice, final
ly determine concerning tut juflice of the said seizure ;
but if the value of the goods, seized, besides the value
of any carriage, beast, boat or vessel therewith seized,
t; d upon appraihment as forefaid, exceed the value
of fifty pounds, and either party request it, the justice
before whom the information shall firft come, or in case
he be sick or absent, one o' the other justices who had
been with him affocia/ed as aforefa-d, shall by precept,
directed to the fheriff or coroner of the county, require
the said fheriff or coroner to summon twenty-four good
and lawful men of the county to come before him on
the day appointed for trial as aforefaid, twelve where
of being elected and qualified according to leg I form
and manner, shall near, try and determine the justice
of the seizure, and upon the verdict of the said jury,
the said justices or two of them sh ill enter judgement :
: and no person, (except in the city of Philadelphia) who
shall dwell in the township or dißrid, w erein the sei
zure 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 answer and pay
all charges and colls which shall be caused by the defence
or interference aforefaid.
Provided also, that no carriage, beast or draught,
boat or vessel shall be liable to condemnation as afore
said, unless the goods or merchandize conneded there
with, exceed the value of ten pounds.
And be it further enafted by the authority aforefaid,
That upon all trials, before one or more justices, and
with or without a jury, by virtue of this aft, the juf
tice or justices, shall in a summary way, examine into
the fa&s 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 plaintiff's, upon trial to
alledge any fad or fade, fufficient to condemn the goods
and property seized, without being obliged to procure
the fame, but the whole burden of the proof shall lie
upon the defendant or defendantsan'd not u pon the plain
tiff or plaintiffs, and no replevin fhal iffuaor be served
upon any goods or property seized under this ad ; nor
shall any certiorari on the part of any defendant or
And be it further enaded by the authority aforefaid,
That all goods, wares and merchandizes and other pro
perty, which shall be seized and condemned under
this aft, shall by warrant of the said juflice or juftrces,
directed to the said fheriff or other officer, be forthwith
advertised to sale, and fold by public audion or ven
due; such advertisement to contain the time and place
of sale, and the nature of the goods, and being previ
oufly made, at least ten days before sale, by notices
in writing, set up at the most noted places of the town
ship or place where the sale is intended to be holden,
and of at least three of the neighbouring townships;
but if such goods, wares and merchandizes, *be£des any
carriage, beast, boat or vessel employed in transport
ing them, exceed the value of fifty pounds, upon ap
praifement as aforefaid, then the like notice shall be al
so inserted in one of the weekly news-papers of the city
of Philadelphia at least ten days before such sale, and
the justices before whom the trial shall be, or any two
of them, on the return of such warrant for felling of
such goods, and the particulars of such sale, shall firft
adjust and fettle all reasonable charges and costs upon
such seizure, and deduct all fuel, expenc^s as the de
fendant or claimant shall not be liable to answer, from
the monies arising from such sale, and then shall make
an order on such fheriff, coroner or constable, requir
ing him to pay one equal moiety of the residue thereof
to the plantiff or plantiffs, and the other moiety to the
county treasurer, who shall transmit and pay the fame
to the treasurer of the state, for the use of the common
wealth ; such county treasurer retaining thereout for
his care and trouble, per centum.
And be it further enabled by the authority afore
faid, That the colls upon all proceedings before the
said justices, in all cases, where the value of the goods
seized, besides any carriage, beast, boat or vessel, shall
notexceed ten pounds, on appraifement as aforefaid,
fhlll be, as in summary proceedings for small debts;
and in other cases, as in like cases in the inferior courts
of record of this Bate; provided that the fees of the
fheriff or other officer, for felling any goods under this
aft, shall be five per centum.
And be it further enabled by the authority afore
faid, That no person shall be sued or prosecuted for
any thing done in pursuance of this aft, unless the
fait or prosecution shall be commenced in fix months
after the cause shall be given, provided the defendant
do not depart out of the state, and then the suit or
prosecution to be commenced within fix months after
bis or her return, nor shall such suit or prosecution be
layed without the proper county ; and if the plaintiff
will fully delay, or difeontinue his suit, or the prose
cutors will fully delay or forbear prosecution, or if a
verdidbe given for the defendant, or judgement be en
tered for him upon demurrer or otherwise, the defen
dant 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 this state, should
fuffer other exemplary punifhmeot than the iofs ofthe
goods or effects seized and condemned.
Be it further enabled by the authority aforefaid,
That any person or persons, duly convicted of trading
with any fubjed or fubjeds of the king of Great Bri
tain, according to this aft, or to any place within the
dominion or territories of the said king, shall for every
such offence, in addition to the forfeiture aforefaid, for
feit 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 which the goods seized and condemn
ed were fold for, or fuffer three months imprisonment
in the jail of the county where such seizure and con
demnation were made, at the election of the party of
fending, prolecution to be made in any court of quar
ter sessions of the peace, or court of oyer and terminer,
as in the foregoing fe&ion is made and directed.
And be it further enaded by the authority aforefaid,
That if any person shall, after the day of
next, come out of the lines of the enemy in the state
of New York, or elsewhere, except prisoners of war,
and be found within this state, without licence firft
obtained from the president and council of this state,
such person shall be arrested and imprisoned by any
juflice of the peace, until he or she find security to
return into the place from whence such person came;
and moreover, such intruder shall forfeit any sum not
less than thirty pounds, and not exceeding five hun
dred pounds for such offence; and no person shall pass
from this state into the lines of the enemy in the state
of New-York, or elsewhere, without licence for so do
ing firft obtained from the president and council of this
state, or other proper authority, under like penalty,
not exceeding five hundred pounds, the prosecution
claimant lie fa remove any information or seizure, ei
ther before or after trial, into the supreme court, but
the proceedings before the said justice or justices shall
be final.
And be it further enaded by the authority afore
faid, That if after the day of next, any per
son shall apply to a juflice of the peace of any court
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 she fuf
ped and really believe that goods, wares or merchan
dizes, declared by this a& to be contraband, are de
posited or concealed in the dwelling house, or outboufe,
vessel or other place occupied by any person or per
sons whatsoever, 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 fuf
peded place or places, (to be fpecified in such war
rant) for contraband goods, and to break open the
door of any house, outhouse, vessel or place, for the
purpose of (earthing as aforefaid, if admittance shall
be refufed; and if upon search therein, any goods fuf
peded to be contraband, be there found, such consta
ble before he remove the fame, shall make and fubferibe
an inventory thereof, as herein before directed, when
goods be seized, the fame to be made in the presence of
two freeholders of the township or place, delivering a
fair copy thereof to the occupiers of the house, vessel
or place, and the said constable Roll dispose of the
goods so found in any house, and supposed to be con
traband, as in case of goods seized and taken as afore
faid.
for the penalties for coming out of, or going into the
lines of the enemy, without licence, to be recovered in
any court of quarter sessions of the peace, or court of
oyer and terminer of the county or place where the
offender may be apprehended.
And be it further enabled by the authority aforefaid,
That an aft of assembly, intitled, " 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 shall reach to, or effect any proceedings which
have taken placeduring the continuance of the said aft.
And be it further enafted by the authority aforefaid,
That this aft shall continue and be in force until the
end of the present war between the united Rates and^
Great Britain.
Mr. PRINTER,
I BEG leave through the medium of your paper, to
convey a hint to those persons who would be most
benefitted by any improvement in the navigation of
the river Schuylkill, that the present very dry season
is so favourable to remove any obfiructions, that the
sum of ten pounds, judiciously laid out, might answer
a better purpose than ten times that sum when the wa
ter is more abundant, the droughth is so uncommonand
extensive, that the channel of that river is laid almost
bare, and some rocks are now exposed to view and
quite dry, which have not been seen heretofore; this
affords an opportunity to examine the bed of the ri
ver to advantage, and to make blasts which could ne
ver be done before, unless it was below the furface of
the water; hence it is supposed, that this time is pe
culiary favourable for removing such obHrudions as
could not conveniently be done when the water was
higher, and which have rendered this important navi
gation inconvenient, and sometimes dangerous.
We do therefore wish, from motives of public good,
that such individuals of the commissioners appointed
by law, as have leisure from more important public
concerns, with such others as are most interested,
would instantly attend to this business; there cannot:
be much doubt but many of their wealthy neighbours
will bellow voluntarily Something towards so ufeful a
work; indeed there are few persons who reside in the
vicinity of this river, but what have a double motive
to induce them to contribute to the removal of these
obfiruftions, that is, a regard for the public conveni
ence, and also to serve themselves ; it is needless to fay
any thing to prove it, as the advantages of water car
riage are so infinitely superior to a land carriage, that
they are evident, and will be free to all.
Nevertheless, there are a number of persons who are
more interested in this work than any others, that is,
the holders or proprietors of iron works, mills, &c. a
mongf ltheft there are many persons of influence and
probity, their attention to this business would insure
success, as their example would encourage a fufficient
fubfeription to answer the present intention; this object
is therefore more particularly recommended to their
attention.i
It may be objected, that the concurrence of the com
mifTioEers already appointed by law, would be neces
sary to authorize such an undertaking; the proposer
of this measure is aware of this objection, he has a due
refpe& for these gentlemen, and is fatisfied that they
are not wanting in a regard to the public interest, but
at the fame time he is sensible, that many of them are
Iwholly engaged in public employments of too much
importance to be negle&ed, that they have no public
money in hand, and that it is impraaicable to have
them called together, with the formality which the law
requires, in season, to avail themselves of the present
extraordinary ebb of this river, it cannot therefore be
doubted, but the concurrence of the commissioners
will be had with any measures to promote the improve
ment of that navigation.
As the rainey season may be expeßed soon, this
business will not admit of delay; and any persons who
may engage in it, cannot employ a short time much
more ufefully or more honourably.
September 4, 1782. W. B.
Mr. CLAYPOOLE.
qnti AT primers are not accountable for the produce
l tions of other people, especially when of a pub
lic nature, is notorious ; but printers, when they give
any matter or relation on their own authority, should
be efieem^d as the original author, and accountable to
the public for what they assert or hold up as truth.
The liberty of the press should be held sacred, but licen
tiousness and wilful misrepresentations should ever be
reprobated ; and when characters or public bodies are
made the fubjeft of disquisition, it is the part of every
honest man to rescue his fellow-citizens, if traduced,
from the rage of calumny or party, or, if guilty of the
charge, to treat them accordingly. A press, when con
ciufi d on principles of honour, impartiality and truth,
must ever be acknowledged as highly beneficial and
salutary in all free Rates ; it ought, and it is to be pre
sumed ever will meet encouragement and refpea, while
a pref, conduced on contrary principles, calumny, par
ty and want of veracity, will meet from a generous peo
ple the contempt and disgrace it deserves. I was led
to these thoughts on feeing a paragraph in the news-pa
per, printed and published by F. Bailey, and Riled the
Freeman's Journal. It is in his paper of Wednesday,
the 28th Augull, immediately follows some resolves of
the assembly, and is plainly given as a necessary com
ment for the public on the conduft of our representa
tives, and one of their committees. Had the piece been
merely declamatory, it would have remained unnoticed
by me; but as it contains representations of great mo
ment, and of a very alarming nature, as one of the
community, f thought it my duty to make further en
quiry. The paragraph in question has these words :
" The attention of the city was much ex ited dur
ing the decision of theabove resolves, from an idea that
the house was greatly divided in sentiment on the last.
This had been previously brought into a committee,
confiding of a member from each county, when after
a considerable debate it was rejected by a majority of
seven to five ; when the committee reported to the house,
it was revived by way of amendment, and some de-