The Pennsylvania packet, or, The general advertiser — Lancaster, Pa.;Philadelphia, Pa., 1779-10-12 00:00:00, page 2

An ACT for the more effectually preventing Engrossing and
For exalting, Jor the encouragement of Commerce and the
Fair trader, and for other purpofet therein mentioned
WHEREAS the evil practice of monopolizing
and foreftalling has a natural tendency to pro
duce an artificial scarcity and to enhance the
prices as well of foreign merchandize as country produce,
thereby the consumers are very much injured, and the
importer or merchant, who has run the rifque, receives
not t e least advantage :
AND WHEREAS such merchandize or country
produce being often fold by one (peculator to another,
before it tomes into the hinds of the consumer, has a
tendency equally injurious to the public good :
AND WHEREAS it is absolutely necessary in
the mod effectual manner by law to difeourage such
evil practices :
Be it therefore enabled, and it is hereby enabled, by
the reprefent.tives of the freemen of the commonwealth
of Fennfylvania in general assembly met, and bv the au
thority of the fame, That if any person fhul buy, or
cause to be bought, any goods, wares or merchandize
coming to any market or fair within this Rate, to be fold
in such market or fur, or coming to any city, town,
port, hirbour, haven, or creek within this ftite to be
fold, or shall make any bargain, contrad or promise
for the having or buying of any goods, wares or mer
chandize, or any part thereof so coming as aforefaid, be
fore the fame shall be in the market, fair, city, town, port,
harbour, haven or creek, ready there to be fold, or shall
induce any person coming to this fiate or to any mar
ket or fair therein, to abstain or forbear to bring an,
goods, wires or merchandize to this Rate or any part
thereof, shall beadjudged a foreiialler and on convicti
on thereof in any court of record in this fate, shall
be fined by the f id court in ny fam not exceeding five
thoufmd pounds, or imprisoned, not exceeding one
year, or both, at the diferetion of the court:
PROVIDED, Ttiat the buyin, any goods, wares
and merchandize, (except provisions coming to the mar
ket of t^e city of Philadelphia,) car ymg to market by
any person for t..e use and consumption of nimfelf or fa
mily for fix months, Ihall not be deemed foreftall.ng.
And be it further evaded by the authori y aforefaid,
That if any person witrin t^h commonwealth shall buy
to fell again within tins fiate, or in any of the adjoining
states, any butter, beef, pork, wool, flax, woolens,
hemp, tallow, raw hides, tanned leather or Shoes, of
the produce or growth of this hate, or raised or manu
ftßured in this date ; or if any person within this state
shall obtain or get into his hands by buying, contracting,
or promise, any goods w ires or merchandize within this
state, except from the original importer or his consignee,
and except as is herein after excepted, with intent to fell
th? fame again within this fiate, or in any of the adjoin
ing states, such p rfon shall be adjudged an engrosser;
amd on conviction thereof as aforefaid, ihall forfeit t. e
articles aforefaid so brought or got into his poffuffion, or
the value tuereo',one half to the fiate, and the other
half to the informer, and may be fined in any sum not
exceeding five thousand pounds, or imprisoned for any
time not exceeding one year, or both, at the discretion
of tiie court ; Provided, That the buyi g of any goods,
wares or merchandize by any agent of this or t .e Uni
ted States for the public use, or tue purchafi ig materials
for the carrying on manufactories, and so converted by,
or for the use of the purchaser, or the buying provisions
by any licenced tavern keeper ft r the use of his tavern,
or the buying cattle by butchers to kill, which they Shall
kill accordingly, or the buying cattle by any grazier
and fattened on his own farm and fold ag tin by him,
shall not be deemed engrossing within this aft.
And be it further enabled by the authority aforefaid,
That no person or persons ihail purchife any geods im
ported inte or manufactured within this fiate, to fell,
barter or exchange again, unless he shall purchase the
fame from the original importer, or his consignee, or ma
nufacturer, under the pen Ity of forfeiting the goods so
purchased, one half to the fiate, and the other half to
the informer, and under the further penalty of any sum not
exceedingone thousand pounds for each offence, and the
onus probandi sh 11 lie on such purchaser tiiat such goods
were bought as by this aft is allowed , but this restraint
shall not extend to licensed tavern keepers, so as to pro
hibit them from purchasing liquors and other necessaries
for the common use of the r taverns only.
And be it further enacted bv the authority aforefaid,
That every retailer shall fell goods purchased of the im
porter (or his consignee) or ratnufadurer for ready
money if required, -at not more than at the rate of twen
ty-five p r cent, on tne purchase money paid to the im
porter (°r his consignee) or m nufadurer, and t e
charges of trarfportat^n cr carriage to the place where
expofid to sale, to be afeertahud as herein after directed,
except the articles of salt and rownfugar which shall be
fold at not more than r.ir.y .er cent, profit on the pur
chase money and charges aforesaid.
And be it further enaded by the authority aforefaid,
That no p rfon or persons within tais commonwealth
(except the original importer, consignee, or manufactu
rer, and except as is heri?excepted) shall fem and af
ter the twentieth d y of Oftouer instant presume to fell
or expose to fell any goods, wares cr merchandize before
he, She or they shall obtain a permit for so doing from
some one of the commissioners of trad ' herein after na
med of the proper county w ere such feller resides.
And, to the end that the good purposes of this aft may
be the more effectually answered, Be it further enabled
by the authority aforefaid, That before any person shall
obtain such permit, he, the or they shall take the fol
lowing oath or affirmation, whic. such commissioner is
hereby required to administer before he shall grant such
permit, viz. “I, A. B. do (wear (or solemnly, fin
" cerely and truly declare and affirm,) that I will not
" direClly or indirectly aft, demand, take or receive,
'' any greater or other profits on any of the goods,
" wares and merchandize which I shall fell during the
" continuance of an aft, intituled, “ An aft for the
" more effectually preventing engrossing and foreftalling,
" for t e encouragement of commerce and the fair trad
" er, and for other purposes therein mentioned, than is
" allowed in and by the said aft; that I will not know
" ingly, either diredly or indireCtly, buy, contrast for,
"or get into my peffeffion, any such goods, wares or
" merchandize from any other person or persons .than
" the original importer, consignee or manufacturer with
* intent to fell the fw again within this state ; and that
" I will in all things to the utmost of my power comply
“ with the directions of the said ad." And if any person
or persons, except as aforefaid, shall fell or expose to
sale any goods, wares or merchandize, before he, she
or they ihall obtain such permit, and before he, she or
they Shall take the oath or affirmation aforefaid, every
person so offending shall forfeit double the value of tne
goods so fold or offered for sale, one half thereof to the
informer and the other half to the use of the state.
AND WHEREAS the venders of goods in this
state may still have on their hands goods, wares and mer
chandize, by them purchased before the publication of
this ad, under pretext and colour of which, they may
abaft the good people of this state, by demanding and
receiving extravagant and enormous prices for the fame,
as also for goods hereafter to be purchased ; for prevent
ing w ereot,
Be it further enabled by the authority aforefaid, That
every person and persons having goods, wares or mer
chandize in his, her or their hands or peffeffion, before
the publication of this aft, shall and is hereby required
on demand to fell the fame for read,money, at the sane
rate which other goods of the fame kind and quality are
fold for at the fame time.
And be it enaded by the authority aforefaid, That no
person or persons shall purchase ar, goods, wares or mer
chandize condemned in the court of admiralty, from the o
riginal purenafer thereof, to fell, barter or exchange again;
and the original purchaser shall fell the fame again, re
serving fufficient for the use of himfelf and his family for
fix months if required, at not more than the rate of
twenty-five per centum profit on the original purchase
money, and the charges of transportation or carriage
to the place where exposed to sale, except the articles
of salt and brown sugar, which ffiall be fold at not more
than thirty per centum profit on the purchase money
with charges as aforefaid.
And be it further enabled by the authority aforefaid,
That if any such purchaser of condemned goods shall re
fute to fell the fame at the prices above limited for rea
dy money, if required, he shall forfeit and pay the sum
of one thousand pounds for every such refufil.
A ND WHEREA. the wicked arts of (peculators,
forefiallers and engroffers, who infeft every part of the
country, and are industriously purchasing up grain,
flour and salt, at the most exorbitant prices, render it
impracticable to obta.n timely and fufficient supplies for
the army and navy, unless the most vigorous measures
are adopted without delay:
Be it therefore enacted, That it shall and may be law
ful for any justice of the peace in any county of this state,
and he is hereby authorized and required on informati
on being given on oath or affirmation, of any quantity
of grain, flour or salt being purchased by, or in the po
fefton of, any individual inhabiting, reading or being
within this state, who may have engrossed the fame, or
having the care, custody or possession thereof, being en
groiled, to issue his warrant impowering the informer
or informers to seize the fame for the use of the United
States ; and such juitice of t^e peace shall so. thwith call
to his affi ft nee two otter justices of the peace of the fame
city or county, who (if the seizure shall be approved of
by them or a majority of them,) Ihall retain the flour or
grain, or salt so seized, for the use of the said states ;
and shall, as soon as may be, transmit a certificate from
under t^eir rands of the quantity of grain, flour or salt
so seized to the president and council, who flball cause
tne fubfiance of such certificate to be entered on their
proceedings, and the said justices, or any two of t : em,
ihall have full power and autlority to call on the sheriff
of the county, or his deputy, to aid and assist them in
carrying this ad into est&, which said fheritf, or depu
ty shall, and is hereby required to, aid and assist such
juftice# accordingly:
And be it further enabled by the authority aforefaid,
That the said jufiices, or any two qf them, mail and they
are hereby required, as soon as may be, after determin
ing the grain or flour aforefaid to be liable co seizure, to
cause the sane to be delivered to the commissary general,
quartermaster general, or either of their deputies or as
sistants, he orthey paying or tendering the current price
to the owner or person entitled to receive the fame and
if there shall be any diversity of opinion refpefting the
current price between the owner or person intitled to re
ceive the fame and the commissary general, quartermas
ter general, his or their deputies or affiflants, the justi
ces of the peace aforefaid or any two of tliem are hereby
authorifed and required to fix and afeertain what the cur
rent price shall be deemed to be ; and the f id justices,
or any two of them, sh ill and they are hereby required
immedi.tely on determining the grain, flour or salt so
seized to have been engrossed, to bind over the said en
groffcr or engroffers, if present, by recognizance, with
good fecurrty, to appear at the next court of general
quart rfeflions of the proper city or county where the
said grain, flour or salt shall be so engrossed, there to aafwer
for tne ortence aforefaid, or in default of such security to
commit the fad offender or offenders to jail, there to re
main until delivered by a due course of law ; and if such
engrosser or engroffers be absent, or shall r'efide it any
ot^er county within this state, the said juflices or any
two of them fli 11 issue treir warrant, directed to the fhe
ritf of tie county where the party or parties reside or may
be found, to apprehend him or them, and when appre
hended lucli fherift shall carry the party or parties before
some justice of the county where apprehended, who shall
bind him cr them over as aforefaid.
And be it further enabled by the authority aforefaid,
Teat in c fe any justice of the peace, or fheritf, being
duly called upon, shall refufe or neglect to do his duty
as by this law required, he or they shall forfeit and pay
the sum of five hundred pounds for each refufal or ne&-
led. 3
And be it enabled by the authority aforefaid, That
if any action or suit shall be commenced against anv per
son or persons for any thing done in purfuan^ of this
ad, the defendant or defendants, in any such adion or
suit, may plead the general issue, and give this aft and
the special matter in evidence at any trial to be had
thereupon, and that the fame was done in pursuance and
by the authority of this att ; and if it shall appear so
to have been ft the jury shall find for the defendant
or defendants, and if the plaintiff ihall become non-suit
or difeontinue his action after the defendant or defen
dants have appeared, or if judgment shall be given upon
any verdid or demurrer against the plaintiff, the de
fendant or defendants ihall and may recover treble costs
Be it enabled by the authority aforefaid, That William
Henry, Ephraim Benham, Frederick Hagner, George
('rd, Emanuel Eyres, William Jackson, Paul Cox, and
William Tharp, esquires, shall be and are hereby ap
pointed commissioners in and for the city and liberties of
Philadelphia : James Hazlet (captain,) David Schneider,
Israel Jones, Andrew Crawford, Josiah Hart, Michael
Croll, and John Richards, esquires, shall be and are
hereby appointed commissioners in and for the county of
Philadelphia : David Denny, Andrew Boyd, junior,
John Kinkead, John Beaton, Perfifer Frazier, Adana
Grubb, and Peter Bell, esquires, shall be and are hereby
appointed commissioners in and for the county of Ches
ter: John Gill, Abraham Du Bois, Nathaniel Ellicot,
Joseph Thomas, and Theophilus Foulke, shall be and
are hereby appointed commiffoners in and for the coun
ty of Bucks : Thomas Whitefides, John Whitehill, Wil
liam Henry, Robert Craig, John" Harris (at Harris's
ferry,) and John Thomb, esquires, shall be and are
hereby appointed commissioners in and for the county of
Lancaster : Adam Whitman, Henry Haller, Valentine
Eckart, Christian Lower, Junior, and Daniel Utree, es
quires, shall be and are hereby appointed commissioners
in and for the county of Berks: Robert Levers, John
Arndt, and William M'Nair, esquires, shall be andiare
hereby appointed commissioners in and for the county of
Northampton: Henry Slagle, William M'Lean, Benja
min Pedan, John Hay, Philip Gardner, Peter Shultz,
Andrew Shriever, Junior, and James Dill, esquires,
Ihall be and are hereby appointed commissioners in and
for the county of York : William Brown of CarlifD,
James Taylor, James Young, and William M'Lurey
esquires, shall be and are hereby appointed commission
ers in and for the county of Cumberland : David Espy,
Samuel Davidson, Jacob Hall, and Benjamin Burd, es
quires, shall be and are hereby appointed commissioners
in and for the county of Bedford : Frederick Antis, and
David M'Kenney, esquires, shall be and are hereby ap
pointed commissioners inand for the county of Northum
berland : John Proper, Hugh Mite l ell, John Kyle,
and Philip Jenkins, esquires, shall be and are hereby
appointed cemmiflieners in and for the county of Weft
moreland.
And be it further enabled b, the authority aforefaid,
That the said coramiAioners, or a majority of them, for
the city and liberties of Philadelphia, shall meet toge
tlrer at the court-house ofthe fird ci r y, on the lixteenth
day of this instant Odob.r; and the fail commissioners,
or a majority of them, for the counties of this fiate,
shall meet together at the court-house of their reflective
counties, on the day to be to them appointed and noti
fied by the clerks of the quarter sessions of the peace re
fpeftively (which said .clerks are hereby authorifed and
required to fend such notice and appointment immedi
ately on receiving copies of this aft, to the refpeftive
commissioners,) which Did commissioners before they
proceed to aft shall take the following oath or affirma
tion before feme Justice of the Peace, who is hereby im
powered and required to adminifler the fame, to wit,
"^ do swear, (or solemnly, fin
“ cerely, and truly declare and ( ffirm,) that! will dili
" gently, faithfully and impartially, execute tie trust
" in me reposed asa commissioner of trade for the city
" or county of according to the direc
" tions of an aft intituled " An ad for the more effetlu
“ ally preventing engrossing and foreftalling, for the en
" couragement of commerce and the fair trader, and
" for other purposes therein mentioned:" And a ma
jority of such commissioners woen met, whether on ad
journment to the fame or any other place, shall be fuffi
cient to proceed to bufinefs,and they may appoint a clerk.
And the said commissioners shall have and receive from
each of the persons obtaining permits in pursuance of
of this aft, the sum of three pounds for each permit to
be by them granted : And if the justices of the dourt of
quarter sessions shall be of opinion, from time to time,
that the fufens so received shall not be an adequate corm
penfation for the refpedive services of the said commissi
oners and clerks, that then and in that case they shall
order such further compensation to be made out of the
city or county treasury, as they shall think proper.
And be it further enabled by the authority aforefaid,
That if any person shall use insulting or abusive language
to any such commissioner when in tl:e execution of his
office, upon conviction thereof, in the court of quarter
feffiens of the proper county, Ihall be fined by the said
court in any sum not exceeding one hundred pounds.
And be it further enabled by the authority aforefaid,
That if any commissioner appointed by this aa shall re
fufe to serve, not having a lawful excuse in the opinion
of the court of general quarter-sessions of the proper
county, such commissioner for such refufil shall forfeit
and pay any sum not exceeding five hundred pounds,
lawful money of Pennsylvania : and the other commis
sioners or a majority of them shall upon the refufal of
any commissioner to aft as aforefaid, or should any com
commiffioner die, or be otherwise rendred incapable to
difeharge the duties of this aft, proceed to chufe some
fit person to aft in his room, who shall, previous to his
ailing, take the oath or affirmation aforefaid.
And be it en fled by the authority aforefaid, That
the said commissioners and every of them shall have full
power and authority, and they are hereby directed and
required to make diligent enquiry throughput their
city or county of all breaches against this aft, and shall
have all the power and authority of justices of the peace,
to call all persons before them against whom informa
tion shall be made on oath or affirmation as offenders
against this aft, and may bind th§m over with fufficient
security to appear at the next court of general quarter
AND WHEREAS the salutary laws heretofore ma de
to prevent and punilh foreftalling and engrossing, have
not been duly executed or productive of all the good co n
fequences which the good people of this state had reason
to expert from them; by reason whereof, and by the
deftruaive practices of (peculators and domestic enemies,
our currency hath been depreciated to an incredible de
gree; when we confider that the Almighty Ruler of the
universe hath in the course of his providence bleft ®ur
arras with such uncommon success, that it will be owing
to our own want of public virtue if we are not soon a
free, independent and happy people; and because in the
tumult of war the laws of civil society often lose their
force, it is thought necessary, in order that this aft may
be the more effectually put into execution, to appoint
commissioners of trade in the city of Philadelphia and
in^each county within this commonwealth : Therefore