The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1781-04-24 00:00:00, page 2

STATE of PENNSYLVANIA.
4 n ACT for the better Support of Public Credit, by
an immediate Sale of the Lands therein mentioned ;
and fully fecaring the Purchasers thereof in their
Titles ; and also for preserving the,common Lands
appurtenant to toe-City of Philadelphia, and other
Towns of tkis State from unwarrantable Encroach
ment.
7Zi~<;EREAS the speedy and honourable redemp-
WB tionof the bills of credit, issued for the sup
port of the just and necessary w r in, which we are-now.
engaged, will have a happy tendency to re-efablilh
public faith, and induce welb^rFdted individuals, free
ly to advance their property for the purposes of go
vernment, if they are fecurr-d of a true and real equi
valent. And whereas the bills of credit of this flair,
diced on the twenty ninth day of April lafl, were
funded upon the foliJ property of the flute, confining
cf the Province - Island, and the unappropriated lots,
contained within the bounds of the city of Philadel
phia, which said lands were, by a former a& of assem
bly, fubjeßed to sale, to be made by the Prelicunt or
Vice-President in Council, at any time within four
years thereafter: And a speedy sale cf the said bland
having become necessary, the fame hath been adver
tised at public auction, to redeem the said bills of cre
dit, so far os the price th reof ilial extend. And
whereas it is mahifefl, that a part of the ' said bills of
credit will remain unredeemed after the said iftand ihall
be fold as aforefaid, for the redemption of which the
said city lots have been solemnly pledged; and it is nt
ceffary to drfpofe of the fame in like manner, so that
the purchaf&rs may be allured of a clear and inde
feafable title, and thereby be induced to offer the full
value thereof.
Be it therefore evaded, and it is hereby enaaed, by
the reprefentativrs of the freemen of tie common
wealth of Pennsylvania in general assembly met, and
by the authority of the feme. That it fhaH and may
be lawful, for the Prescient or Vice President in Coun
cil, and he is hereby authorifed and required, with
all convenient speed, to apportion and set off such and
so many of the said city lots, as Ihall, in his judg
ment and difcretien be fufficient to fatisfy and redeem
the refiduc of the fid bills of credit, together with
the iatereft which shall be due thereon, and also the
charges of felling the said lands, and' cancelling the
said bills cf credit remaining unredeemed after the sale
of the said iOand, and so apportioned and set off, fell
the fame at public auction to the highest bidder, pur
suant to the said aft entitled, " An aft for finking
the sum of one hundred thousand pounds in bills
of credit, for the prefect Support of the army,
nod for chablifking a fund for the certain redemption
of the fame, and for otter purpofe^ therein mention
ed,” in all cases receiving in payment, for the said
island and the said lots, the said bills of credit, issued
pursuant to the said ad, or Spanish milled dollars, or
an equal Cum in gold or filter, and no other money
whatsoever.
Be it also eDaaed by the authority aforefaid, That
each and every purchaser of the said lands, herein
before-mentioned, and every part thereof, having re
ceived his deed or grant from tlxe President or Vice-
President in Council, shall, from thenceforth, become
Seized of a Sure and indefeaftble effete in fee dimple,
agairift all claims or demands whatsoever, and in case
of any Suits brought for such land, or any part there
of, the grantee under this ad, his or her heirs or as
signs may plead the general issue, and give this a& in
evidence, which Ihall be final and conclusive to the
court and jury,againft any claimant or demandant, in
any Suit to be brought at any time hereafter for the
lands which shall be granted as aforefaid, or any part
thereof.
And whereas it may happen, that claims may be
hereafter made upon some of the said lots, by the des
cendants of the original purchasers under William
Fenn, esquire, or purchases under his successors, to
grantees who have neglected to set out and appropri
ate the fame in Severalty, so as to be ddinguithed
from the common lands, appurtenant to the said city.
For remedy whereof,
Be it enaaed by the authority aforesaid, That in
every such case the claimant, having a(cert*med the
juflice and right of his claim agreeable to the laws of
this fiate, as herein after set forth, shall be entitled to
a full equivalent for the fame, having due regard te
Situation in any other of the unappropr ated lots ap
purtenant to the city, and now veiled in this common
wealth.
And to the end, that speedy and ample juflice may
be done to every such claim nt, prosecuting his claim
within the time hereafter limit,ed :Be itenacted by the
authority aforefa:d, That in case any suit be brought,
every such claimant, or other claimant of any part of
the lands whereof this - ommonwealth is poffefled, lands
in the counties of Bedford, Northumberland, Wefi
moreland and Washington only excepted, before Ie
or she take possession of any part of the said lots or
lands so claimed, ihall proceed in manner following,
and no other, viz. He shall present a petition to the
president or vice-president in council, setting forth,
in a summary manner," the nature of his claim and
whence derived; and if, in such petition, be or (he
fliall request a trial by jury, the said president or vice
president in council shall, ex officio, grant the fame, by
directing the attorney general to receive a declaratio i
in ejectment, against himfelf,as reprefenteing the com
monwe'aitli in such cases, wherein the premises claim
ed shall be particularly described, and appear thereto
in.the fopr^me court only, and proceed to trial there
upon, according to the laws and practice,of this Gate
in poffeffory actions. And if it shall so happen, that
judgment be obtained against the said attorney general,
on verdict or demurrer, and the court award costs
thereupon, the said president or vice- president in coun
cil, is hereby au her fed and required, to cause the
fame to be paid, the bill being firft duly taxed, to
gether with necessary and reasonable expence attending
the defence, out of any monies which shall be in tee
hands of the treasurer of the hate, not otherwise fpe
ciaily appropriated-
And be it further enabled by the authority aforefaid,
That upon such claim being alberta ned as aforefaid,
or if the claimant shall 'Dof, hi his or her said pef'tkfy
request a trial by jury, which orniffi n shall be deem
ed a full and final comment to abide the determination
of the president or vice president in council, on the
merits of his or her claim ; and if such determination
shall be in hi, or her favour, he or file ihall t^w be
intitled, at his own expence, to a writ, to be fiamed
by the prothonotary of the supreme court, in w.uh
tne premises recovered fh..1l be aifo particularly d°-
scribed, directed to thefheriff of the county, command
ing him to summon a jury of twelve good and lawful
men, who, being duly fwom or affirmed, fhdl pro
feed to assign to the said claimant, so much of t efaid
unappropriated lots' within this city, as shall in their
judgment (having due regard to quantity and quali
ty) be equal in value to the lots so claimed by him or
her; and such writ being duly returned to the said su
preme court, such return, approved by the court, and
judgment thereon entered, shall be conclufße in favour
of the party, arid a writ of possession issue thereupon.
And whereas a century hath now elapsed, lince the
granting of the original charter of Pennsylvania, and
upwards of eighty years since its actual fettle-mnt ;
and it being reasonable that there should b? a limitati
on of suits and dormant claims upon the estate of the
public, as well as that of individuals: Be it therefore
enacted by the authority aforefaid, That no person
hall have or maintain any afton, real, personal, or
mixed, against the commonwealth, represented as
aforefaid, o' otherwffe, for any lands, tenements, or
hereditaments, within Pennsylvania, by virtue of any
griot or conveyance of the original proprietor, to his
or her anee flor or predecessor, or to the ancefio, or
predecessor of his or her grantor, unless he or the (lull
commence and prosecute the f roc, within seven yesrs
after the publication of this a& ; or by virtue of an,
grant or conveyance of the subsequent proprietaries of
t.iis hate (lands in the counties of Bedford, Northum
berland, Weßmoreland and Wallington, only except
ed) but within ten years from the publication : hereof :.
And in default thereof, all and every such claimants or
claimant, shall be utterly barredand excluded, from any
entry, right of entry, title, property and demand, in
or upon fu& lands, or any suit whatsoever, in law or
equity, for the fame.
Provided always, That if any person or persons, who
is, or are intitled to have, or maintain any such a&ion,
be at the time of the publication of this atl, within the
age of twenty one years, feme covert, non compos
mends, imprifonej, or beyond- sea, other than those
who have voluntarily gone to the dominions of the
king cf Great Britain, from this or any of the United
States, since the fourth day of July, 1776, that then
such person or performs shall be at liberty, (except as
befor excepted) to bring th. said anions, so as he or
they commence the fame within such fmes as are here
in before limited, after his, her, or their coming to,
er being of full age, difeoverture, found memory, at
large, or returning to this flat?, as in the case of other
perlons.
And whereas divers persons, pretending to title
or leases, or permiffioas, from the late proprietaries,
or without any pretence whatsoever, have taken into
poffeffiom divers lots appurtenant to the city, and to
the other towns within this slate, whicl ilots were held
by the said proprietaries as such, and not in their pri
vate several right and capacities. And whereas such
possession is not only injurious to the other citizens,
who are intitled to the use of said lands, as common
for their cattle, but will embarrass the future file
and appropriation of the said lots, for the general be
nefit of the Rate. For remedy whereof,
Be it ena&ed by the authority aforefaid, That the
care and cuftedy of the city loti !in Philadelphia, shall
be and is hereby veiled in the wardens of the city ;
and the care and cuflody of the lots appurtenant to
the town of Reading, shall be and hereby is veiled in
Samuel Mifflin, Henry Christ, and Henry Haller ;
and the care and euftody of the lots appurtenant tj
the town of York, in the ceunty of York shall be and
hereby is veiled in Archibald M'clean, Michael
Swoope, and William Scott ; and rhe care and cufio
dy of the lots appurtenant to the town of Cadifle, in
the county of Cumberland, shall be and hereby is
veiled in John Montgomery, Samuel Lard, and James
Pollock • ,and the care and custody of the lots appur
tenant to the several towns of Eafton, in the county
of Northampton, Bedford, in the county of Bedford,
Sunbury, in the county of Northumberland, and
Hann#h's-town, in the county of Wefimoreland, shall
be and is hereby veiled in the justices of the peace,
residing in, and within two miles of the said towns
refpe&ively ; to the end that the said lots may be pre
served from encroachment and private use, and for the
benefit of common to the inhabitants of the said city
and towns, until the fame be appropriated under the
authority of the legislature of the Rate, for building
improvement, or other use.
And that all such e croachments and unwarrantable
inclofures, within the said city and towns, may be
difeovered and removed, without delay : Be it enabled
by the authority aforefaid, That the said wardens of
the city of Philadelphia: the said Samuel Mifflin,
Henry Haller. Henry Christ, Archibald M'Clean, Mi
chael Swoope, William Scott, John Montgomery, Sa
muel Laird, and James Pollock, of Reading, York,
and Carliflei and the said justices of Northampton,
Bedford, Northumberland and Wefimoreland, re
fpe&ively, or any two of them, are hereby authorifed
and required, on their own knowledge, or on the cum
plaint of any two reputable freeholders, made to them
in writing, and on the said writing declaiming any
right or pretence in tlemfebes to fairi lots, or a< y part
thereof, to summon any person possessing any of the
fail, lots before any justice of the supreme courtfin t'e
vacation, or on the circuit, to (hew by what warrant
or authority he, of she holds or possesses the said lots,
or any part of them ; and if the said party Ihall not
plead title to the premises under a patent, or judg
ment of cour, or a poffeffory right, by virtue of an
un&xpired lease, from the said proprietaries, or their
agent duly authorised, at the fame time producing
such patent, judgment, or lease, er an authentic re
cord thereof, it find! and may be lawful, for the Gid
jutiice, at the expiration of fifteen days, from the fer
vice of said fummorrs, arid he is hereby required to
awar f t^ pAMfon of said lot to the commonwealth,
and issue his warrant to the fueriff of the county, 10
abate and remove the inclofures of said lot, or build
ings erected thereon, as in the case of common nu
fance, and open the premises as a free common of
paflure to the inhabitants; upon which proceedings
no writ of certiorari, or other writ of removal, to
any superior court, 0111 be allowed or received, so as
today the del.very of the possession, agreeable to the
award of the fa d jufrice, and the tenor and dire&iou
of said writ. But it the laid judgment shall be reversed,
for any cause whatsoever, the party shall be relieved
to his possession.
Provided always, That nothing herein contained,
shall defeat or prejudice, or be confirmed to the de
fe^ncejar prejudice of any title w'rich the party so
drfpoflefted may have, and wuich lie may pfeofecute as
herein before dweded.
Ite it alio enacted by the authority aforefaid, That if
any fmt or suits ffiall be brought against any person
or persons, for any thing done pursuant to this a&,
the action ihall be laid in the county where the cause
of action fhdl arif, wd not elsewhere, nor after twelve
months. And tire defendant or defendants, in such
action to be brought, may plead the general issue and
give tis aft. and the special matter in evidence ; and
" e I".'' 7 '' a " ''° ' or " ie defendant or defen ants in
Inch action or actions, or the plaintiff become non
luit, or discontinue his. her, or their afiion or actions,
a tfrt : e defendant or defendints shall have appeared,
er if upon demurrer, judgment fli 11 be given against
tne plaintih or plaintiris, the defendant or defendants
shall recover treble costs, and have the like remedy
for the fame, as any defendant or defendants had or
have in other cafs, to recover coils -by law.
IT it Afo enacted by the authority aforefaid, That
i' the said wardens cf the city of Piiila elphia, or Sa
yj'ip-Tfni, Henry Chrrit, Henry Hal'er, Archibald
M'Clean, Michael Swoope, William Scott, John Mont,
gpmery, Samuel Laird, and James Pollock, of the
towns of Reading, Yorkand Carlyle, or the said jus
t ices, dwelling in or near the towns o f EaGoii, Bedford,-
Sunbury, and Hannah's town, refufe or neglect to
perform the duties herein and hereby directed, and the
fame shall be pr rinted in the court of oyer and ter
miner, or the court of general quarter feflions of the
peace of rhe proper county, and bills of indictment in
either of the said courts be found' against them, or
any of them, tor such refufal or neglect, wher#ea
the, or any of them shall be prefecutef to conviOton,
they 111 II pay a fine of twenty pounds each, for every
such offence, to the ufect the poor of the said city
and towns rtfpAuvely, to be paid to the overseers
thereof.
Signedby order of the Hon.ie,
FREDERICK A. MUHLENBERG, .Speaker.
Enfter into a Law at Philadel
phia, 00 Tuesday, the tenth
day of April, in the year of
our Lord, 1781.
Samuel Steuett, Clerk of
the General Assembly.
St. PIERRE, (Martinique) Feb. 13, 1781.
The privateer Holker, of Philadelphia, of 16 fix
pounders, failed last week on a cruize, and returned
iato this port on the 12th instant, with am English
cutter, the Hypocrite, of 12 nine and 4 twelve-pound
ers, which she took the day before, between Grand
Terre and Antigua, after an a&ion of three quarters
of an hour. Tire cutter chafed the Holker, who af
fefted to run from hr till the cutter came came up
within elofe fliot. The cutter had failed from St. Kitts
on the Bth, had 7 men wounded and 4 killed, among
the latter is the captain : the Holker had 3 killed and
one wounded.
A cutter lately arrived from England at St. Lucia,
and failed immediately to join admiral Rodney, and
brought an account that a Cork fleet defined tor the
inlands, und r convoy of three Grips of war, fell in with
a French fleet, about 400 leagues from the inlands,
from which the cutter efeu ped with difficulty.
Two American frigates, one of 26 guns, from New-
London, and another of 36 guns, from Boflon, have
just arrived at this port. Tne captain of a vessel from.
Holland, which they retook off this island, and fen: to
New-England, informed them, that 43 days ago he
met a large French fleer, -and 2 days after an Engbfh
fleet of transports, convoyed by one @ip of the line
and three frigates. The captain thinks they must have
met each other.
February 22. By a Holland vessel lately arrived
at Amfierdam from the Eafl-In.dies, we are informed,
that some French men of war have taken and carried
into the Cape of Good B*pe, three of the English In
dia (hips.
The privateer Holker, of Philadelphia, left this har
bour on Sunday last, and has taken an English brig,
which left St. Lucia that d y, and sent her in here.
By persons on board the brig we learn, there were 13
Ihips of the line at St. Lucia re dy for sea, and three
others laid up. Rodney left 600 men at St. Eutatia.
March 1. The noted privateer Holker, commanded
by captain Kean, came in here on Monday last, with
a imp of 16 guns, the cargo of which is va'ued at be
tween 2 and 300,000 livres. This rich prize having
failed from Glasgow, touched t Cork, and has been
about 6 weeks from the last mentioned port. Captain
Kean met her to windward <f Antigua, and took her
alter 2 single difeharge of iris muiquetry, without tne
loss of a fiogle man. According to the report of the
captain of this prize a large fleet had failed from the
Thames 3 weeks before he left Europe, and a report
prevailed in Ireland that it had fallen in with the fleet
commanded by our vice-admiral, count d'Estaing,
woo had fluttered very few of them to escape.
A small force was lately sent to furprize Defidrati,
but their firatagem failed and they were taken prison
ers and f nt to Gaudaloupe.
We are informed that 25 fail of merchantmen and
transports are arrived at Lucia, which left Europe un
der convoy of two frigates. We know not whether
they were part of the gre.it fleet which failed from the
Thames; but it is taken for granted in the English