The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1783-03-08 00:00:00, page 1

STATE or PENNSYLVANIA.
In GENERAL ASSEMBLY,
Monday, February g, 1783.
The bill, entituled " An Aft for the settlement of the pub.
" lie accounts of the United States, and for other purfcofes
" therein mentioned," was read the fecund time, and de
bated by paragraphs:
Ordered to be tranferibed for a third reading, and in
the mean time printed for public consideration.
Extras from the Minutes,
PETER Z. LLOYD, Clerk of the General Assembly.
An A CT for the fttlement of the public accounts of the
United States, and for other purposes therein mentioned.
% X7HEREAS the good people of the United States of
VV America labour under great and heavy inconve
niences, from the public accounts of the said United States
remaining unsettled, and from many large sums of money,
and other property, being wrongfully det ined from them
by persons who have been entrusted therewith, or who
have possessed themselves thereof: AND WHEREAS,
from the length and intricacy of the said accounts, it is
impracticable to fettle and adjust the fame in the ordinary
way of proceeding in the courts of justice, and for want
of fufficient powers and authorities being legally veiled in
the officers for this purpose appointed by the said United
States in Congress assembled, they have hitherto been
unable to difeharge the functions and duties of their re
fpeftives offices, which renders it highly expedient for the
public good, that the plans adopted and recommended by
Congress for the settlement of the said public accounts,
and for the recovery fiom individuals of debts due and
effects belonging to the said United States, be carried into
speedy and effectual execution:
AND WHEREAS, by an aft made and passed in Con
gress on the twehty-feventh day of Fb^uary, in the year
of our Lord one thousand seven hundred and eighty two,
it was ordained and provided, That five commissioners
should be appointed for the settlement of accounts, under
the direction of the fu perintendant of the finances; name
ly, one for the quarter matter's department, one for the
commissary's department, one for the hospital department,
one for the clothier's department, and one for the marine
department, each of which commissioners shall have full
power and authority to liquidate, and finally fettle the ac
counts of the departments respectively assigned to them,
up to the last day of December, one thohfand seven hun
dred and eighty-one, inclusive; and by the fame ordinance
it was recommended to the several legislatives of the
States, to empower the said commissioners to call for wit
nesses, and examine them on oath or affi marion touching
such accounts as were or fho dd refpe&ively be affignad to
them for settlement; and also to make provision by law
for the speedy and effectual recovery from individuals of
debts due and effects belonging to the United States.
Sehl. I. Be it therefore enabled, and it is hereby enaaed by the
Representatives of the Freemen of the Common -wealth of Penn
sylvania, in General Assembly met, and by the authority of
the fame, That each and every of the said commissioners,
appointed and to be appointed for the purpose aforefaid,
shall be, hereby is, and refpe&ively are vested with full
power and authority, within his and their refpe&ive de
partments, severally to carry into effectual executi n the
duties and functions of his and their refpe&ive offices and
appointments, for the purposes aforefaid, in like manner,
and as fully as if the fame were enabled and particularly
declared by the laws of this commonwealth, in the words
or to the effect in which they are or have been expressed
by the United States in Congress assembled.
Sea. IL And be it further enafled by the authority afore
faid, That each and every of the said commissioners, ap
pointed or to be appointed in manner aforefaid, for the
purpose aforefaid, shall have full power and authority, se
verally and refpe&ively, within the departments respec
tively assigned them, when and so often as the fame shall
be deemed necessary, to issue his or their process at the
suit of the said United States, in nature of a summons,
capias, or attachment ad refyondendum, as the case may re
quire, and as by the laws of this State are in other cases
provided, directed to the fheriff of any city or county
within this commonwealth, against any person or persons
whatsoever within his or their refpe&ive departments, who
at any time or times, on or before the said last day of De
cember, one thousand seven hundred and eighty-one, was
or were officers or persons appointed in any of the depart
ments aforefaid, or who, on or before the time aforefaid,
afted in any of the said departments, either as principals,
deputies or agents, or who was or were employed by him
or them in any of the said refpedfive departments, or
against any other person or persons whatsoever, within
this State, who shall be alledged to have in his or their
hands or possession any monies, chattles, effects or other
property, belonging to the United States, either at the
time of the issuing of such process, or at any time or times
before, or against whom the said United States shall have
any claim or demand whatsoever, commanding such flie
riff or fheriffs to summon such defendant or defendants,
or to arrest his or their body or bodies, or to attach him
or them by his or their goods and chattel?, lands and te
nements, as the case may require, so that he or they be
VOL. XII.]
SATURDAY,
^W^ifrifto n (frittfVArcrt fK ^T
GENERAL ADVERTI SER.
Published every TUESDAY, THURSDAY and SATURDAY.—Price Six-Pence.
Sefl. 111. And be it further enaaed by the authority afore
faid, That all and every attachment and attachments
issued and to be issued, in purfiance of this aft, against
any such defendant or defendants, and served conforma
ble to the directions hereof, fliall be as good and effectual
in law to fee me the goods and chattels, lands and tene
ments, so attached, as any attachment issued out of any
court of common pleas within this commonwealth, and
served in the ufnal form, might or could be; and every
fheriff or sher ffs, to whom any such attachment or at
tachments shall be directed, shall, upon the service there
of, take possession of and secure all and lingular the estate,
monies and effects so attached, in like manner as is usual
in oher cases of attachment, under the penalty of being
accountable therefor, and of being amerced as aforefaid.
And when any such defendant or defendants shall be ar
relled by his or their body or bodies, in virtue of any
p r ocess in nature of a capias ad refpondendum, issued as
aforefaid, the fheriff making such arrest or arrests is
and are hereby enjoined and required to take caution,
with one or more fufficient surety or sureties, of such
defendant or defendants, if the fame shall be offered for
his or their appearance at the return of the said writ or
capias, in the sum marked thereon, which shall be in such
sum as the said commissioner or commissioners shall, from
the belt information he or they shall be able to procure,
deem just and reasonable; and in default of such surety
or bail being offered, then to keep such defendant or de
fendants in fafe custody, so that he or they may be forth
coming when necessary.
Sefl. IV. And be it further enafled by the authority afore
faid, That the said commissioner and commifhoners re
fpe^ively shall have full power and authority to take
and receive recognizances, in nature of special bail, from
any such defendant or defendants, and their sureties,
agreeable to the rules of law and practice in the said
courts of common pleas, and to proceed thereon in man
ner aforefaid to judgment and execution, either against
the principals or their sureties, or both of them, as the
case my require, when the said surety or sureties fliall,
agreeable to law and usage in other cases, be liable for
the debt, damages, or other matter or thing recovered,
an.l costs of suit.
Se&. V. And be it further enafled I, the authority afore
faid, That, at the return of the said process or summons,
if the fame shall appear to have been at any time thereto
fore duly served on the perlon of the defendant, or a copy
there f left at his dwelling house or last place of abode,
at lead days before the return thereof; and
at the return es the said capias, where the fame shall ap
pear to have been duly served, and that the defendant is
in custody, or upon special bail being entered, which is
hereby required to be done within days after the
return of the said capias, where the defendant shall have
given bail to the fheriff for his appearance; and at the
return of the said attachment, if the fame shall have been
duly served at least davs before the return day
thereof in the said writ of attachment mentioned, or at
such other time or times afterwards as shall appear rea
sonable to the laid commissioner or commissioners, it shall
be lawful for him or them refpe&ively, in their said seve
ral and refpe&ive departments, and they are hereby en
joined and required to proceed to the hearing of the allega
tions and causes of a&ion alledged against such defendant
or defendants, whether he or they shall appear or make
default, either upon the merits of the original suit, or
upon the bail-bond, or upon the recognizance, in nature
of special bail, to be entered into as aforefaid, as the
case may require, to the examination of the accounts or
other causes of action, and to pass judgment thereon ac
cording to law, and as the merits of the case shall require ;
and for the better enabling of him and them so to do, it
shall be lawful for h : m and them tefpedfively, at any time
or times, and so often as may be deemed necessary, to
issue one or more fubpeena or fubpeenas for, and to call
before him or them any witness or witnesses, either for or
aganit such defendant or defendants, and to compel his
or their attendance by attachment or otherwise, in like
manner, and under the fame penalties, as me usual and
cuftomaty in the said courts of common pleas, and to
examine him or them upon oath or affirmation, touching
the merits of the matter in controversy, and gene ally to
use such effectual and like means fr the collecting and
procuring of evidence, either for or against such defend
ant or defendants, as any of the said courts of common
pleas may or can do in causes dep^ndug before them.
And if any witness er witnesses to be examined as afore-
and appear before such commissioner or commissioners, at
a certain da and place in the said process to be mention
ed, pro ided that the fame be not in less than
days aft.r the issuing of such process; which said sum
mons, cfas or attachment, the said fheriff and fheriffs
is and hereby are firmly enj ined and required to pay due
obedience to, and to serve and make due return thereof
to the Gid commissioner or commissioners, who sh II have
issued the fame, under the pain of being amerced for his
default, in like manner as amercements are made in the
courts of common ideas within this commonwealth for
the default of sh riffs in such cases.
OR, THE
THE
said, or, in pursuance of the directions of this a&, in
any other case, shall wilfully falfify, or knowingly Gear or
affirm to an untruth in a material matter in any suit or
cause to be instituted agreeable to the directions of this
aft, the fame sh 11 be deemed perjury, and the person or
persons guilty theieof shall be liable to be prosecuted for
the fame in any court of quarter sessions for any city or
county within this commonwealth, where the said offence
shall be committed; and up n convi&ion thereof, he or
they shall fuffer the like pains, penalties and disabilities,
with these who are or shall be convicted of perj ry com
mitted in any court of record of this commonwealth.
Sea. VI, And for the better difeovering of the real and
true merits of any cause, suit or controversy, at any time
oi times hereafter to be brought or depending before any
such commissioner or commissioners, undr or by the au
thority of this a&, Be it jurther enaaed by the authority
aforefaid, That upon the hearing of any such cause or
causes, suit or suits, it shall and may be lawful for such
commissioner or commissioners to tender to such defend
ant or defendants interrogatories, and to examine him or
them upon oath or affirmation, as the case may require,
as to such matter as fliall be in issue or contr vet fy in inch
suits and causes, and to compel the said defendant or de
fendants to answer thereto in m nner aforefaid, under
the penalty, in case cf his or their refufal to answer to
the faffs alledged against him or them, and whiili he or
they shall refufe to answer to as aforefaid, being taken as
true ; and it also shall and may be lawful f<r every such
commissioner or commissioners, within his or their re
fpe&ive departments, to call upon every such defendant
or defendants, and to compel him or them to produce,
upon oath or affirmation, to such commiffiorer or com
missioners, all and singular the books, accounts and ori
ginal entries of his and their said cffi es and employ
ments, unless the fame shall appear to have been unavoid
ably loft or destroyed ; and in case of refufal, to commit
him or them to the goal of the city or cow ty, there to
reman, without b il or main prize, until such delivery
shall he made as aforefaid.
Sea. VII. And be it farther enaaed by the authority afore
faid That if upon a final hearing and determination of
any such suit or cau'e, whether rhe fame b t e original
aftion upon a bail bond or upon a recognize ce in na
ture of fp cial bail, or otherwise, the said commissioner
or commissioners shall pron unce judgment ace ording to
law and tight, either in favor of the United States, or in.
favor of the defendant or defendants, as the case may
require, for such debt and damages, or other matter or
things, together with costs of suit, as sh. 11 be found to be
justly due, either to the said United States, or to fucli
defendant or defendants, or wrongfully detained from
them, or either of them.
SefI. VIII. And be it further enaaed by the authority afore
faid, That, either at the time of rendering any such judg
ment or judgments against any such d< f-ndart or defend
ants, or at any time or times afterwards, it fliall and may
be lawful for any such commissioner or commissioners to
issue one or more writ or writs of execution, as the case
may require, and of such nature and kind as to him or
them may seem proper, direfted to any fhenff or fheriffs
of any city or county within the commonwealth aforefaid,
commanding and firmly enjoining him or them, within
the time or times in the said execution or executions men
tioned, to restore or deliver to the said United States the
fpecific chattels, effects, and other property by them re
covered, together with costs of suit; and if a debt or
debts, or damages, shall be recovered by the said United
States in any fucli suit or a&ion, then, and in such case,
the said fheriff or fheriffs fliall be commanded, in manner
aforefaid, to levy the fame, together with c fts of suit, of
the goods and chattels, lands and tenements of such de
fendant or defendants, and the fame to have, together
with the said writ, before such commissioner or commis
sioners, at a certain time in the said writ to be named ;
and for the better enabling the said the iff or fheriffsrto do
this, he or they are hereby enjoined and required-yin vir
tue of the said writ of execution, and without any inquest
held, to fell and dispose, at public vendue, the goods and
chattels, lands and tenements.of such defendant or de
fendants, for the purpose aforef id ; and if estate real and
personal of such defendant or defendants, fufficient to pay
and fatisfy the debts or damages and costs recovered as:
aforefaid," shall rot be found, then, and in such case, the
said fheriff or fheriffs fliall arieft the body or bodies of such
defendant or defendants, and them fafely keep in close
custody, till the said debt or damages and colts shall be
fully paid and fatistied.
Sadi. IX. Provided ahtays nevertbAefs, That in all
cases where any such defendant or defendants fliall not he
prfonaliv served with any such urocefs as aforefaid, but:
the said writ or writs of summons or feire facias shall be
served at his or their dwelling-house, or last place of
abode, or the said writ or.writs of attachment shall be
ferv d or levied on the goods and chattels,, lands and te
nements, or any of them. ,of any such defendant or de
fendants. and he or they shall not appear, but mike de
fault, and the said commissioner or commissioners shall,
at the return of the said writ or writs of summons or
MARC H 8, i,8 3 .
(NUMB 1012.