The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-12-25 00:00:00, page 3

FIS H-K IL L, December 16.
By his Excellency GEORGE CLINTON, Eiq ;
Governor of the State of New-York, General and
Commander in Chief of all the Militia, and Admiral of
the Navy of the fame.
PROCLAMATION.
*tyHEREAS, the Honorable the Congress hath
by aft of the 19th day of November last, recom
mended to the federal States, to enact laws for esta
blishing and carrying into execution a general limita
tion of' prices, on certain principles in the said ad par
ticularly (pacified, and to commence in their operation,
from the firft day of February next; And whereas, the
Senate and Assembly of this State, did by concurrent re
solutions, passed at their last meeting, request me, in case
of such recommendation, immediately to convene the le
gislature:
I DO, THEREFORE, hereby require the Senate and
Assembly of this State, to convene at the city of Albany,
on Tuesday the fourth day of January next; of which all
tire good people of this State are to take notice and go
vern themselves accordingly.
Given under my Hand and the Privy Seal of the
said State, at Poughkeepsie, in Duchess County,
the Frft day of December, in the Fourth Year of
the Independence of the said State, and in the Year
of our Lord 1779.
GEO. CLINTON.
By his Excellency's Command,
ROBERT Benson, Sec'ry.
GOD SAVE T HE PEOPLE.
We have just received a piece of intelligence well
authenticated, that part of our prisoners in Canada are
lately sent off, it is said, to England ; thole remaining,
officers and soldiers, are ordered to close confinement.
Our enemies begin to doubt the fidelity of the Canadians.
TRENTO N, December 22.
Extract of a letter from Bafkenridge, Dec. 18.
" J rede out to day on purpose to take a view of our en
trapments I found it exceffiv^y cold; but was glad to
fee most of our poor soldiers were under good roofs. The
encampments are exceeding heat, the huts are all of a size,
and placed in more exist erder than Philadelphia: You
would be furprized to fee how well they are built with
out nails. Head-Quarters is at Morristown, and the
army extends frerh thence a long the hills nearly to this
place."
We have authentic intelligence from New-York that
between five and fix thousand troops embarked there with
ina few days past, supposed to be bound to Georgia or
the Weft Indies.
The 6th instant departed this life at Woolbridge, in
the 34th y?ar of his age, Mr. Samuel Franklin Park
er, printer, after a long and painful mdifpofition.—
His corpse was interred ths day following, in the Presby
terian burial ground at that place, with all the honoursof
war.
Extraft from Rivington's Royal Gazette.
Savannah, (Georgia) Oft 28. Last Monday died
here, greatly lamented by the whole army and inhabitants,
the Hon. Lieut. Col. MAITLAND, of the 71st regi
ment, brother to the Right Hon. the Earl of Lauderdale :
And next evening his remains were deposited with all the
honours of war, in the family vault of the Hon. John
Gahan Efa.—
New-York, Dec. 15. Friday last was sent in here
by his Majefiy's thip Roebuck, Sir Andrew Snape Ham
mood, commander, the flip Lady Waftlington, Captain
Yoonf from Philadelphia for Old France, with 220 hogf
heads'of tobacco, naval stores, &c. The ship mounts
eg guns, and had on board 58 men : Also the brig Three
Sifters, from the fame, place, and bound to France also.
They were taken last Saturday week, having failed the day
before out of the Delaware, in company with another brig
and a cotter.
In AS3E MB LY, Novembers, 1779.
The Bill intitled “An Aft for eroding an High Court
of Errors and Appeals," was read the second time, and
being debated by paragraphs, was ordered to be tr&n
fcribed for the third reading, and in the mean time
printed for consideration.
Extract from the Minutes,
THOMAS PAIN E,
Clerk of the General Assembly.
An ACT for eroding an High Court of Errors and
Appeals.
WHEREAS by the laws of the late Province,
now State of Penfylvania, a very expensive,
difficult and precarious remedy was provided
for parties injured, by erroneous judgments, fences
and decrees, gives or pronounced therein, by eftablilh
ing an appeal from the final judgement, sentence or de
cree of any Court within the said Province, to the King
of Great Britain in Council, or to such Court or Courts,
as by the said King, his heirs and fubceffors, fhculd be
appointed in Britain, to bear and judge of appeals from
the Plantations; in many cases to the denial, and in all
to the great obftru&ion of justice. , , . ,
AND WHEREAS the good people of this Com
monwealth, by their happy deliverance from their late
dependant condition, and by becoming free and forereign,
are released from this badge of slavery, and they have ac
quired the tranfcendant benefit of having justice admini
flered to them at home, and at moderate cons and char
'°A ND WHEREAS it is requisite, that the good
people of this Commonwealth, who have adopted the
Common law of England, should enjoy the full benefit
thereof, by the eredion of a competent jurifdiftion with
this State, for the final hearing, determining and judg
ing upon complaints of Error at common law in the
last instance; and also, that a competent Court of Ap
peals should be provided, within the fame, for re-viewing,
re-considering and correcting the decrees of the Court of
Admiralty ; other than in cases of capture upon the wa
in time of war, from the enemies of the United States
of America ; and likewise, the decrees and sentences of
the several registers of wills, and for granting admini
strations.
PHILADELPHIA.
Be it therefore enacted by -the Representatives of the
Freemen of the Commonwealth of Pennsylvania, in Gene
ral Assembly met, and by the authority of the fam% That
when any final judgment shall be hereafter given, in theSu
preme Court of Judicature, in any suit or action, real, perso
nal or mixed ; or when any final decree or sentence shall be
pronounced in the Court of Admiralty of this Common
wealth, other than in cases of capture, as aforefaid ; or
when any final decree or sentence shall be pronounced by
any register of wills, and for granting administrations,
the party or parties, his, her, and their heirs, executors
or administrators, against whom such judgement, decree
or sentence shall be given, may sue forth, in the case of a
complaint of error in the Supreme Court, a special writ
of error, according to the couffe of the common law,
but nbt otherwise, under the less seal of the Common
wealth, directed to the Cheif-Juftice, or other justice or Juf
tices of the said Court, commanding him or them to cause
the record, and all other things concerning the judgment
complained of, to be brought before the Court herein after
mentioned and configured; and in case of am appeal
brought from a decree of the Court of Admiralty ; or
of any register of wills, and for granting administrations,
the appellant or appellants, shall be allowed, and shall
have his, her or their appeal, to the said Court.
And be it further enabled by the authority aforefaid,
That the President, and Vice President of the Supreme
Executive Council; the Judges of the Supreme Court of
Judicature; and the Judge of Admiralty, are by virtue
of this AH, conflituted a 'Court of Record, by the name
fti!e and title of the High Court of Errors and Appeals;
and the said High Cowrtof Errors,and Appeals, or any
three or more of them, shall have full power and authori
ty to examine all fuchjErrors, as shall be assigned or found,
in or upon any such judgement, given in the Supreme
Court of Judicature, and thereupon to affirm or reverse
thefame judgment, as the course of the common law and
jufticefhall require; other than for Errors to be assigned
for want of form, in any writ, return, plaint, bill, de
claration, or other pleading, process, verdiA or proceed
ing, whatsoever; and that after the said judgment shall
be affirmed, or reversed, the record and proceedings, and
all things concerning the fame, shall be remitted into the
said Supreme Court, to the end, that such further proceed
ings may be had thereupon, as well for execution, as other
wise, as to justice shall appertain ; and the said Court of
Errors and Appeals shall receive, hear and decide a!! such
appeals from the Court of Admiralty, and the regifitrs
of wills, and for granting administrations as aforefaid.
Provided always, That such of the Justices of the Su
preme Court of Judicature and no Other, or the Judge
of Admiralty, as the case may be, who shall, have heard
and determined any of the causes removed or brought by
writ of Error, or by appeal, into the said Court of Errors
and Appeals, shall be excluded from fitting again judicial
ly, on the hearing of the fame cause or controversy, in
the said Court of Errors and Appeals.
And to the end, that writs of error may not be brought
or appeals allowed, as aforefaid, for matters of small and
frivolous value, or for meer delay ;
Be it enacted by theauthority aforefaid, That no such
writ of error, shall be granted, nor any appeal be allowed
as aforeftid, until the party or parties in error, appellant
or appellants, his, her or their agent, or attorney in fa&
shall file an affidavit or affitiqation, with the keeper of
the less Seal of this State, attesting that the matter in
controversy exceeds the value of
and also, that it shall to may ire lawful for the Court, in
which such judgment or decree, so removed or appealed
from, as aforefaid, hath been given, or pronounced, to
proceed to execution thereof, notwithstanding such writ of
Eeror or Appeal, unless the plaintiff or plaintiffs in Error,
or the appellant or appellants, shall enter into a recogni
zance to thedefaadabt or defendants in Error, or to the ap
pellee or appellees; with two fufficient fureties,in double the
turn, or double the value in difpuie, conditioned to prose
cute his, her or their writ of Error or Appeal, witheffeft,
in the said Court of Errors and Appeals and if the judg
ment or decree shall be thereupon affirmed, or if the plain
tiff or plaintiffs in error, or appellant or appellants, shall
fail to prosecute his, her or their suit with effefl, than to
fatisfy the condemnation money, together with damages ;
or otherwise, abide the judgment in error or the decree in
appeal, with double costs; but if the said judgment or de
cree shall be reversed, each party shall pay his, her and
their own costs, as well in error or appeal, as in the Court
from which the cause or controversy was removed, or came
by appeal. And until such security shall be given, it
shall and may be lawful for the said Supreme Court to re
tain the record and proceedings and for the Judge of Ad
miralty, and the Register of wills, and for granting ad
miniftratieas, to refufe the necessary exemplifications, of
the proceedings, and to certify the cause of such refu
fal any thing herein before contained, to the contrary
notwithflanding. „ , , , . -
And be it further enaded by the authority aforefaid,
That upon the hearing of any cause before the Regifler of
wills and for grantig of administrations, the demolitions
of the several witnesses, examined therein, shall be taken
in writing, and made part ofthe proceedings in the cause;
upon which, he said Court of errors and appeals may re
verse the decree of the said Register, for any error arising
either in fact or law, or affirm the fame, according to the
meri6 an justice of the case. ,
Provided always, and be it further enaded by the au
thority aforefaid, That if the said Register, upon a difpwte
upon fad, arising before him, shall fend an issue into the
court of Common Pleas of the county, to try the said faffs,
which he shall da at the request of either party, andaverdid
est iblifhing thefaid fads, be returned, the said fads shall n t
be re-examined on appeal; and that no appeal frora the
decree of the aid Register, concerning the validity of a will,
or the rightto adminifier, shall flay the proceedings
thereon before the said Register. , ~.
And be it further evaded by the authority aforefaid,
Thut it shall be lawful for any party or parties,
who have heretofore applied in any cause, from the Supreme
Court of Judicature of the late province of Pennsylvania,
to the King of Great-Britain in Council, and upon which
no judgment was had before the fourth day of July,
which was in the year of our Lord one thousand seven
hundred and seventy fix, to bring a new writ of error, ac
cording to the common law, and not otherwise, before
the said Court of Errors and Appeals, and the said Court
is hereby imp@wered and enjoined to proceed therein to
judgment, as in other causes, made cognizable in said
Court by this Aft ; provided, fecuruy be firft given, and
an affidavit or affirmation, attesting that the value of the
matter in dispute exceeds the sum in like case herein before
limited, be filed as aforefaid.
And belt further enabled by the authority aforefaid.
That the said Court of Errors and Appeals, shall set in the
city of Philadelphia, at lead twice in every year; that is
to fay, on the frft Monday in the month of and
on the fir'll 'Monday in the month of and if there
be any cauhs depending before the said Court, shall have
power to adjourn from time to time, and to require and
compel the attendanceof Sheriff's, Coroners, C'onßables
and other mioiflerial officers, as fully, as any othei Court
ofijuftice in this Commonwealth, can, or may do, and
the said Court of Errors and Appeals may appoint a
suitable person to be their Clerk and Register, and as
certain and allow reasonable and moderate fees to be
paid to such C' l irk and Register to thekeeper of the less
seal, and to any other officer authorifed and employed by
said Court.
Provided always, and be it further enaded by the au
thority aforefaid, That no fine cr common re overy, nor
any judgmentin any real, personal, or mixed aOion^ nor
anyappeal from the Court of Admiralty or Register of w i Is,
and tot granting administrations, shall be avoided, or
freverfed, for any defeat or error therein, unless t^e writ
of error be commended or the appeal brought and project
ed with effe&, within twenty years after such faxes re
covered, common recovery Suffered, judgment signed or
entered of Record, er decree be pronounced.
Provided nevertheless, That if any person who is, or
shall be entitled to any such writ of error, or appeal, as
aforefaid, . shall at the time of such title accrued, be
within the age of twenty-one years, covert, non compos
mentis, in prison, beyond seas, or out of the limits of the
United Stateso' America, thatthen such person, his or
her heirs, executors or administrators, (notwith fending
the said twenty years be expired) shall and may bring his,
her and their writ of error, brappeal, for the reversing of any
such fine, recovery,cr judgment, as he, fee or they might
have done, in case this Aft had not been made, 10 as the
fame be done within five years, after bis or her full age,
di(coverture, coming to found mind, enlargement out of
prison, return from beyondfeas, or into some one of the
United States of America, or death, but not afterwards,
nor otherwise.
To be SOL D by Public Auction,
At the Ceffue-houfe, on Wednesday the fifth of January,
at Fire o'clock in the evening;
T'" ° ' rame Tenements in Walnut-fir'et, near
4 Fourth-street; one fame ditto in Second-street,
nar Shippen-ftreet; one Lot of Ground on Higgler's
Lane, to the westward of Paffyunk Raad ; a Lease of
four yaars to come of eighteen acres of Meadow in King
faffing; a Paint-Mill, &c. Due attendance will be
given by'
WILLIAM BROWN, Auctioneer.
To be SOLD by Public Vendue,
On the twenty-seventh instant, at the sign of the Black
Hort on the L*ncafter Road,'
Near Seventy HORNED CATTLE. :
They will bg fefd together or in cl.ffes, by
WILLIAM ELLIOTT.
N. B. Also a Waggon and two Horses.
Dec. 23 % 1779-
To be SOLD, WhJefale and Retail, t
BENJAMIN SEIXAS AND
In Water-street, at the house formerly occup
Richard Mason,
BO HE A tea, coffee, loaf sugar, fuperfine :
cloths, rattinets, (balloons, serges, ca? s
bindings, ttarch, and sundries.
C 1 A ME to the stables at the sign of th:
, neftogo Waggon, in Market-street, Philadr,
on Monday the twentieth of this instant, (Dect oh
a roan MARE and a bay HORSE. Theown^c
desired to come, prove propers, pay charges and +x
them away. JOHN JARV
N. B. It is thought the Gentlemen who ow° :
left the above house a few days before.
Just received, and to be told at
BUDDEN, LAWRENCE and (
Commission Store in Front-street,
A LARGE assortment of blue and white C
fl Madeira and Teneriffe Wine by the quarts
Several boxes of the heft clayed Sugars, and
A quantity of choice Indigo.
They still have a great variety of Merchand^. u #
bl® to the season, among which are feme fa".
fuperfine Cloths, with trimmings.
For sa l e,
At HYNMERS TAYLOR's, Upholsterer, in
Second-street, between Market and Arch-streets,
A FEW pieces of the most elegant Chintz, both for
finenefs and richness of pattern, that has been im
ported into this country; a handsome mahogany Sopha
on brass caftors; a mahogany four pest Bedstead ; a
field ditto ; a four post painted Bedstead, with cornices
and calico furniture; a feather Bed and Bolster for ditto,
in good condition ; two mahogany pole Fire-screens §
some Chairs, Matraffes, and common Beds.
N. B. All kinds of Goods fold on Commission.
TO BE SOLD BY
ROGER FLAHAVEN,
In Chefnut.ftreet, the fourth door above Second-street,
Wholesale and Retail,
AN assortment of fuperfine Broadcloths of falhionable
colours, Shalloons, a few pieces of Diawbojs,
striped and figured Stuffs, mens worsted and yarn Stod
ingi, and a small quantity of Indigo.