The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1780-03-09 00:00:00, page 2

dated the ninth day of September, in the year of our
Lord One thousand seven hundred and seventy seven, a
fnoug other things did give and devise all his meffuages,
lands, tenements and hereditaments, whatsoever and
wheresoever, unto his three children, viz. James, (a mi
nor now about eighteen years of age) Hannah, (a minor
now about sixteen years of age) amd John, (a minor
now about eight years of age) to be equally divided a
mongst them, when they shall refpeßiVely attain the age
of twenty-one years ; and ordered, that the rents and
profits thereof, together with bis personal estate (after
payment of bis just debts) fhotild be applied towards the
maintenance, learning a^d education of his said three chil
dren, who, he desired, ffiould be maintained, educated and
brought up well, agreeably to their rank and condition in
the world. That the said Testator at the time of his
death was seized and possessed of a very valuable 'real
estate, confiding of divers meffuage#, plantations and
traßsof land, and meadow ground, some part whereof
lie in Philadelphia, Chester and B^ks counties, in this
State; and other parts thereof lie in the state of New-
Jersey, a great part whereof was let by the said Teftater
in his life-time, on long leases, at very moderate rents,
which now amount to a very trifling sum towards the
purposes intended by his will ; that since the Teftator'#
deatn, while the enemy were besieging the Fort on Mud-
Island, they burnt a very valuable house, defiroyed Ml
the buildings and fences, and committed great deftrußion
on a very valuable part of the (aid Teftator'# estate com
monly called Carpeater's Island, which lies nearly oppo
fits tothe said Fort, in Philadelphia county : That in
order to save the said estate from utter ruin, and preserve
it for the use of the children, and put it into a condition of
yielding a valuable rent as formerly for their benefit; the
said Executors have been at a very great expence in build
inga new house, repairing the fences, banks and Alices,
and have also expended large Turns of money in finifhing
the house and buildings on the plantation in Oley town
&p, in Berks county, according to the directions of the
said will, and in maintaining, eloathing and educating
the children : That from the bed calculation that can
be made by the said petitioners, (an account whereof they
have exhibited) they have already laid out and expended
for the purposes aforefaid, and payment of debts, the sum
of Seven thousand five hundred and sixty three pounds,
two Killings and eleven pence, more than the personal
estate of the Testator, and the rents and profits of his real
estate as yet received will extend to pay; that there are
considerable repairs and improvements yet necessary to
the real estate, and the children dill to maintain, cloath
and educate ; and the Testator not having any expeHaion
of the great change of tunes, the prodigious deftrußion of
his estate by the enemy, or the depreciation of our curren
cy, made no provifian for such contingencies by his will,
nor did he impower his Executors to fell any part of his
real estate upon any emergency whatsoever, and there be
ing no law, nor any Court of this State to iopower the
said Executors to fell, they have applied to this House for
relief; alledging further, tha t after maturely considering
what part of the Teftatof's estate would be likely to fell to
advantage, a'' prove feaft injurious to the children, they
are of opinion that a certain meffuage, grist-mill, saw-mill
and trad of about one hundred and three acres of land, fi
tuatein Obey township, in the county o Berks, would pe
most likely at present to fell to advantage, and at the fame
time would be lead injurious, it being at agreat dißance
from any other part of the estate. Wherefore, the said
Executors have besought this House for leave to bring in a
Bill, impowering them to felland convey in fee fi^ple or
Gtherwife, the said meffuage, mills and land in Oley
townihip aforefaid, and the monies arising from such file,
toapply and appropriate towards payment of the afore
faid debts, and maintaining, eloathing and educating the
said minor children, according to the purport, true intent
and meaning of the said last will and testament. And it
being proved to this House, that the fads set forth in the
said petition are true;
Be it therefore maded, and it is hereby enaßed, by the
Representatives as the Freemen of the Commonwealth of
Pennsylvania, in General Assembly met, and by the au
thorny of the fame, That the said William Garret, Wil
liam Jones, and John Crozer, the furvivers or survivor
of them, or any two of them, be and they are hereby em
powered to fell, convey and dispose of the said meffuage,
mills and trad of land, situate in the township of Oley,
and county of Berks aforefaid, fur the best price which
can be gotten for the fame, which land being more parti
cularly described, is bounded as follows; that is to fay,
adjoining lands now or late of Jacob Winey, John Stitzel,
Daniel Petrie and others, (the said traß being the whole
of the Testator's lands in therownflrp and county afore
faid, and now being in the tenure of William Savage,)
fontaiaing one hundred and three acres or thereabouts,
with the appurtenances, and a deed or deeds for the fame,
to make, seal, execute and deliver and a title for the fame,
to convey, and make either in fee simple, or of any other
or less estate or estates therein, as fully and amply to all
intents and purposes as if they had been authorized so to
do, in and by the said last will and teflameut : Ard
the purchaser or purchasers thereof shall be veiled in as
full and ample estate or estates therein, as in and by the
fame deed or conveyance, deeds or conveyances thereof,
shall be contained and expressed, limited and appointed,
The 81l imi'led, ' An Aft for empowering the execu
tors of John Knowles, to convey a trad of land in Oley
Township, in Berks county," was read the second time,
and being debited by parigriphs, was ordered to be
transcribed for the third reading, and in the mean time
printed for consideration.
Extract from the Minutes,
THOMAS PAINE,
Clerk of theGeneral Assembly.
An ACT for empowering the executors of John Knowles,
to convey a tract of land in Oley Townlhip, in Berks
County.
WHEREAS William Garret, William Jones, and
John Crozer, by their petition have shewn to this
Assembly, that they are Executors of the fail will and
testament of John Knowles, deceased, late of Ridley
towafhip, in the county of Chester in this State, and
Guardians of his children, appointed by his will ; that
the Lid Testator by his last will and testament in writing,
Jn GENERAL ASSEMBLY,
February 28, 1780.
.PHILADELPHIA.
according to the title and titles therein, whereof the hid
Testator John Knowles was seized at the time of his death.
And be it further enabled by the authority aforefaid,
That all and every the monies which shall be paid by the
purchasers and received by the said Executors or any one
of them, and far which the said meffuage, mills and traß
of landfall be fold as aforefaid, shall be charged to the
said Executors and Guardians in their accounts, and they
shall be liable and accountable for the fame, and for the
disposition thereof, in like manner to all intents and purpo
ses as if the farbe monies had arisen from the personal estate,
or from the profits of the real estate of the said Testator.
In GENERAL ASSEMBLY.
The Bill intitled “ An Aft for the effectual recover
ing and securing the fines, forfeitures and other monies,
due or belonging to the Commonwealth, for the use of the
fame," was read the second time, and being debated by
paragraphs, wasord^red to be tranferibed for the third
reading, and in the mean time printed for confideraticn.
Extract from the Minutes,
THOMAS PAINE,
Clerk of the General Assembly.
An ACT for the effectual recovering and securing the
fines, forfeitures and other monies, due or belonging to
the Commonwealth, for the urn of the fame.
PY, O the end that all fines, forfeitures, issues, areerci
£ aments, fees and monies, which by the Conflituti
on and Laws were designed, and ought to be applied to
wards defraying the necessary charge of supporting go
vernment, and the administration of jufiice within this
Commonwealth, may be duly eftreated, levied and paid
into the public treasury, and go to the uses intended,
Be it euaßed, and it is hereby enabled, by the Repre
sentatives of the Freemen of the Commonwealth of Penn
sylvania, in General Assembly met, and by the authority
of the fame, That all fines, iftues, amerciaments, forfeit
ed recognizances, sum and sums of money, to be paid in
lieu and fatufaßion of them, and all other forfeitures,
which, from and after the publication of this Aft, shall
be set, imposed, loft or forfeited in the Supreme Court,
or in any of the Courts of Common Pleas, Courts of Ge
neral Quarter Sessions of the Peace; and Goal Delivery,
or before any special Commissioners of Oyer and Ter
miner, in any county of this State, or before any Justi
ces or luflice of the Peace, shall by the Juflices, Pro 4
thonotaries, Clerks and Sheriffs refpeßively, be certified
and eftreated, in and into the Supreme Court, to be held
in Philad Iphia on the tenth day of April next, expres
sing the cause of the loss, the court, the nature of the writ,
and names of the parties betwixt whom the said iffue#
and amerciaments are left and from whom the said mo
nies were received, or are still due.
And that all fine-, iffue#, amerciaments, forfeited re
cognizances, sum and sums of money to be paid in lieu or
fatisfaßion of them, or any of them, and all other for
feitures whatsoever, arising in the said Courts, and due
to the State, from and after the tenth day of April next,
in every year, to the twenty fourth day of September,
in every year, dial! be and are hereby ordained and re
quired to be certified and eftreated in and into the Su
preme Court at Philadelphia, the last day of every Sep
tember term, in every year; and from the beginning of
every September term there in every year, to the begin
ning of April term there in every year, on the last day of
every April term in every year ; on pain that every offi
cer and minister aforefaid, who by this or any other law
of this Commonwealth, ought to make certificates or
eftreats of any of the said fines, issues, amerciaments,
forfeitures or monies, making default or offending there
in,,and being thereof legally convicted on indictment or
information in the said Court, shall be fined at the difere
tiern of the said Court, in any sum not exceeding
pounds, for the use of the State; and on further pain, in
case of a conviction for a second default or offence of the
like nature, of being drfpiaced and removed from office
by the Justices of the said Supreme Court.
And be it further enacted by the authority aforefaid,
That the Clerk of the City Court in Philadelphia, and
every of the Clerks of the Peace within this Common
wealth, shall make and deliver, yearly, to the Sheriff of
the refpeHive city or county where the sessions of the
Peace is or shall be kept, within ten days after the firft
day of November in every year, a true and perfed efireat
or schedule of all fines, iffi.es, amerciaments, forfeited
recognizances, sum and sums of money, and other for
feitures whatsoever, which shall happen to be imposed,
set, loft or forfeited, in any of the said sessions of the
Peace respectively, which shall be held before the said firft
day of November, by or upon any person or periods
whatsoever; and shall also, yearly and every year, on or
before the tenth day of Apr I, make out and deliver to
the Prothonotary of the Supreme Court, a true and per
fect duplicate, certificate and eflreat of all the schedules so
delivered tothe said refpe£tive Sheriffs, that so they or
their oppofals in the said Supreme Court may be charged
with the money levied and received by them refpeHively
upon such schedules delivered as aforefaid, on pain that
every person and perlons offending herein, and being
thereof legally convided in manner aforefaid, shall be
fined by the said Court in any sum not exceeding
pounds, for the use of the State; and on further pain, in
case of a conviction for a second default or offence of the
like nature, of being displaced and removed from office
by the Justices of the said Supreme Court.
And be it further enabled by the authority aforefaid,
That the Juftiees of the Supreme Court may and shall a
ward process for levying, as well of such fines, forfeitures,
iffuesand amerciaments, as shall be eftreated into the fame,
as of all the fines, forfeitures, issues and amerciaments,
which ihall be loft, taxed and set there, and not paid to
the uses they Ihall be appropriated to.
And be it further enabled by the authority aforefaid,
That all Clerks and Prothonotaries of the said Courts,
Clerks of the Peace, and others,to whom it belongs to make
return of eftreats into the said Supreme Court, shall deliver
in all and every such eftreat and eftreats, upon their oaths
®r affirmations, to be adminifiered by one or more of the
Judges of the fame Court, to the eff^H following 1 That
is to fay, '' You shall declare, that ihefe eftreats now by
“ you delivered, are truly and carefully made ap and ex
" arnined; and that all fines, issues, amerciaments, re
" cognizances and forfeitures, which were set, loft, im
" posed, or forfeited, and in right and due course of law
" ought to be eftreated in the Supreme Court of Penn
" fylvania, are to the best pf your knowledge and undere
" Handing,herein contained ; and that in foe fame efiieats
" are also contained and expressed, all such fines and
" amerciaments a® have been paid into the Court from
" which the said efireatsare made, without any wilful cr
" fraudulent discharge, omifion, oiifaofmer or ^efeft
" whatsoever."
And be it birther euaßed by the authority aforefaid,
That no Jufiice, Officer er Minister, of or belonging to
any of the said Courts, nor any Prothonotary or Clerk of
the said Supreme or other Court, Clerk of the Peace, nor
any Offi er or Minister under them, or any of them ; nor
other person or persons whatsoever, do or shall (pare, take
off, discharge, or wittingly or willingly conceal any iu
di&meat, fine, issue, amerciament, forfeited recogni
zance, or other forfeiture whatsoever, exhibited, set, im
posed, loft or forfeited in any ei tbe Courts above menti
oned, or before any of the Judges, Juflices or Commissi
oners, of or belonging to the farce; or any sum or sums
of money paid, or to be paid to any officer or officers, in
lieu or fatisfaßion of any Sneer forfeiture, unless it be by
rule or order es Court, where such indiament, fine, issue,
amerciament, forfeited recognizances or other forfeiture is
or shall be exhibited set, imprfed, loft or forfeited ; nor
shall any of the fiJ Jufiices, Officers, or Miniflers afore
faid, or any other, wittingly or willingly mis certify or
eftreat id or into any of the Lid Supreme Courts, any fine,
issue, amerciament, forfeited recognizance, or other for
feiture whatsoever, whereby the process es the said Su
preme Court for the levying thereof may he made invalid
and of none effed 1 But every such Justice, Officerand
Minister, and all and every other person and persons of
fending herein, shall, for every such offence, forfeit and
pay treble the value offuch fine, issue, amerciament, for
feited recognizance, sum or sums of money, or other for
feiture so feared, taken off, difeharged, concealed, not
certified or eftreated, ar mis certified as aforefaid, the one
moiety thereof to the use of the State, and the other mu ety
to such person or persons as will foe for the fame, to be
recovered with coils in any Court of Reord within this
Commonwealth, by action of debt, bill or information,
wherein no effoin, pr^teflion or wafer of law, c^moia
than one imparlance shall le allowed.
And be it further enaßed by the authority aforefaid,
Thar the Justices of the Supreme Court, or any two of
them, frill view ail the said eftreats, and caute their Pr^-
thonotary or Clerk to airoll them in the fame Cour; and
shall rear and determine -all complaints brought before
them, concerning immod rate fines, issues or atreicia
ments eftreated as aforefid, and give relief to the par*,
grieved according to jufiice and their kgal difcre ion.
And be it further enaßed by the autt # riiy aforefaid,
That all and every the f id fines sums of money, or other
forfeitures, which from henceforth shall lit levied or re
ceived for the uf-of he Sta e, according to the directions
and intent of this AR, fha' be paid by the S eriff, or o
ther effi er or minister, who levied <r received the fame,
to such person a shall y the Geni 1 Assembly from time
to time be appointed Treasurer of this Commonwealth,
who Ihall keep a fair and true account of the fame in a
book to be by him provided for that purpose, awd shall
from time to time lay an acrountthereot befere the said Ge
neral Assembly, and the said Treafurir shall receive for
his trouble in re eiving and paying dv+r such monies so by
him received, three and a half percent, and the said Clerk
of the eftreats shall receive fcr his trouble, one and a half
per cent, on all monies so as aforefaid paid into the Trea
sury
And be it further erased by the authority aforefaid.
That the Secretary of the Supreme Executive Council, or
his Deputies, fcr delivering out licences within the several
counties of this State rtfoeßively, shall keep a true and
just account of all fees and licence nyoney, which have been
heretofore payable to the Governor or his Deputies, so,
the fopport of Government, and by «he Conflitucion of
this Commonwealth are direß,d to be paid nio the public
Treasury, expressing trefime when, the cerfons names to
whom, any licence hasbaen ranted, an • wrier they in
habit; also the names of the person or pe fans fr n m whom
any fetch fees or license money hav ten noive< the
time when received, and for what service; and sh- I et
fy the fame tothe Jufticesof the Supreme C- u-1, on rhe
firft day of the September term at Pu lad l,3ia 0 w ry
year, and shall pay the fame, or eaufe the farce be paid
to the Treatur. rof this Conmnonw a'h for ^ edm being
wirbin ten days after, on pain of f^rfe tngan p ?mg the
sum of pound# current money for every default of
neflea in this behalf; the one moiety thereof fr the use
of the State, and the other meitty to him or them that w,|l
sue for the fame, to be recovered with cofi as aforefaid.
And be it further enaßec by the authority a + or said,
That the Clerk of the efireats, before he enter/ upon the
duties of hie office, shall take an oath, and alfoemer into
a recognizance with one fufliJent surety in the sum of
thousand pounds in the said Supreme Court, for the faith
ful execution of his offi and perform nee of the trust m
him reposed by virtue of this AR ; ana sh 1 Ifo once in
every year exhibit a true slate of all efireats made into
the said Supreme Court, to the General Assembly, during
their firfl fitting after the anniversary election, and at a
ay other time that the Assembly may order and direst.
And be it further enaßed by the authority aforefaid,
That the AR, intitled, " An AR for the better recove
ry of fines and forfeitures, due to the Governor and Go
vernment of this Province," passed the twenty.eighth day
of May, in the year of our Lord One thousand seven hun
dred and fifteen, be, and the fame is hereby repealed, made
null and void.
In GENERAL ASSEMBLY,
Wednefbay, Much 1,178 a.
The Bill intitied, “ An A& to cure a defe& in an
A& of Assembly, intituled, An A& to confirm th? es
tates and interefis of the College, &.” was >e the
second time, and being debated by paragraphs, was or
dered to be tranferihed for the third reading, and in the
mean time pubhlhed fcr conside r ation.
Extraß from the Minutes,
THOMAS PAINE,
Clerk of the General Assembly.
An ACT to cure a de f f& i^ an AR o° Assembly, in
tituled, " An AR to confirm the estates and interests
of the College. &c"
V\T HEREAS in an AR o' Affem Iv passed on the
twenty-seventh < : a 0 N v^mber last, intituled,
" An AR to confirm t'nt estates and int.refts of the Col
lege, Academy and Charrtaole School or the City of