index. [] · act concerning the probate of wills, etc., continued 423-24 act of parliament. no...

INDEX.

A.Page.

ABATEMENT IN PLEA.When applicable 149

AESCONDERS. SeeDebt.

ABSENT DEETORS. SeeAttachment.

ACCE55ARY.

To murder, punishmentof 14To unlawful injury of coin SBAny person knowingly importing or

landing anyonesuspectedof piracyand failing to deliver suspectto amagistrateto be deemed,and con-federate,and punishedaccordingly,101

Groundsfor suchsuspiciondefined,,..101Any person residingor coming within

this jurisdiction convicted of know-ingly importing or landing a piratein any neighboring colony to bedeemed,and confederate,and pun-ished accordingly 101

Anyone knowingly harboring, con-cealing, aiding, abetting, conveyingor carrying away the person orgoods of suspectedor convicted pi-ratesto be deemed,and confederate,and punishedaccordingly 103

Anyone knowingly trading or corres-ponding with a person suspectedofpiracy and failing to aid in appre-hending suspectto be deemed,andconfederate, and punished accord-ingly i&a

Exception 103To homicide,punishmentof 172To unlawful setting off fireworks,

punishmentof 36336—I

Page.

ACCOUNT. See Orphans’ Court,

Action of, to be first tried in countycourts 134

Involving set-off may be arbitratedby order of court 242

Decision of arbitrators approved bythe court to be binding 242

Judgmentor seire ,faGias to be grant-ed for recoverythereof 242

ACCOUNT. ACTION OF

Courts of commonpleas to have jur-isdiction of, against various per-sons 227

Tenants in common liable to, in thecourts of common pleas 327

Auditors in, to have power to exam-ine witnesses, and to receive feesfor this service 327

ACKNOWLEDGMENT.

Letters of attorneysfor sale of landto be attestedbefore magistrate ornotary 123

Of deeds,&c., to be in open court 131Of deeds to be made before a justice

of the peaceand in the presenceofthe recorder within six monthsafter execution 206

Or proved before the same by twowitnesses 206

Leasesfor twenty-oneyearsor underexcepted 207

Juitice to certify, or proof of deeds,..207Deedsso certified and recordedto he

valid 207

Index.Page.

ACKNOWLEDGMENT.---COntinued.All deedsand conveyancesto be ac-

knowledged before a justice of thepeace in the presenceof the recor-der 350

Certificate of the fact to be endorsedon the back by the justice of thepeace 350

How deeds,&o., madeout of thepro-vince shall be proved 351

Conveyancesunder seal by the pro-prietar~,or his agent, and duly re-corded, declared valid without de-livery before witnesses,livery andseizin, or 402

ACTIONS. See Replevin; Covenant;Debt, Action of; Partition; Waste;Ac-count; Ejeotment.

Fine for violation of post office actrecoverableby bill, plaint or infor-mation 60

All to be first tried in county courts,. 134Exceptions 134All civil, to be within jurisdiction of

county court 149When freeholderis andis not liableto

arrestby capiasin civil 320Judgmentby default in civil, when to

begiven, andhow affectedby subse-quentarrest 320

ACTION OF DEBT.

Arrears of proprietary quit-rentswhere no distress can be found, tobe recoveredby 224

Suit to be broughtIn county court,. .224If amountrecoveredbe not fully paid

thenthe, to be no bar to further pro-ceedingsby theproprietary 224

To be brought by collector againstpersons claiming to have paid orgiven security for proprietary quit-rents, but unable to produceproof, 224

ACTIONS PERSONAL.To be first tried in county courts 134

ACTS OF ASSEMELY. SeePrivate Act.

To be engrossedbefore final passage, 27Act for granting an impost passed

June7, 1700, continued 105Certain, passed in 1693, continued in

force; all others repealed 127

ACTS OF ASSEMBLY.---Continued.

Certain, re-enacted~amended,and re-pealed 142

Act one hundredandsix not to affectthe legality of litigation commencedprior thereto 164

Repealof certain, 158Repealof act of 1700 relating to swine

running at large 164To be prepairedby members of the

general a0sembly 213Partial repealof Act 73 222Act for the better improving a good

correspondencewith the Indians inforce for threeyearsonly 231

Against riotous sports, plays, andgamee, to be publicly read as oftenas court of quarter-sessionsshallsee fit 362

Act concerningthe probate of wills,etc., continued 423-24

ACT OF PARLIAMENT.No powers or immunities forbidden

by. to be acquiredby naturalization, 30Entitled “An act for exemptingtheir

Majeoties’ Protestant subjeãts dis-senting from the Church of Englandfrom the penaltiesof certain laws,”to be enforced 256

“For the maintaining artillery anddebarring unlawful games,” to beenforced 3~0

To prevent the throwing of squibs,serpents, and other fireworks,” tobe enforced :362

ADMINISTRATION, LETTERS OF

To be grantedby theregister-generalor his deputies 197, 422-21

ADMINISTRATORS. See Decedents’

Estates;Intestates.To sell real andpersonalestatefor de-

cedents’ debts 11Suoh saleswhen approvedby court

to be conclusive 32To sell realty of intestatefor payment

of debt,or for maintenanceand edu-cation of children, or for improvingremaInder of estate for benefit ofchildren 52

When liable to arrest 1.i7

Page.

Index. 565Page.

ADMINISTRATORS,---Continued.

Certified copies of letters of adminIs-tration grantedout of this provinceto be as effectual as if the samewere grantedhere 195

Under such letters of administration,enabled to bring suit in this pro-vince in personor by attorney, ... 195

No one to be compelled to take outletters of administration in morethan one county 197

To give sufficient bonds upon takingout letters of 199

Form of bond 200Such bond to be pleadableIn court,.. 200To file an account in Orphans’ court, 200May be compelled by Orphans’ court

to comply with decreesof distribu-tion 202

Empoweredto sell realty by order ofthe Orphans’ court 203

To file inventory of personal estatebefore applying for such order 201

To report sale of intestates’ realty toOrphans’ court 201

To be accountablefor excessproducedby sale of realty for payment ofdebts, &c 204

When executorsor, neednot give ballon appeal 119

ADMIRALTY.

Officers of the, to direct sheriff or’ of-ficer to collect posseto arrest sus-pected pirates 103

Penalty for neglect 101

ADULTERATION OF SPIRITS ORSPIRITUOUS LIQUORS. See Liquors,Adulteration of.

ADULTERY, See Incest.Punishment for 6Causefor divorce 6, 130Circumstancesestablishing an adul-

terer 6Punishment for first offense 130Punishmentfor secondoffense 130Punishmentfor third offense 130Application of fines 130Woman having a child in the absence

of her husbandandbeing unable toprove certain points, to be punishedfor 131

Page.ADVANCEMENTS TO A CHILD, See

Parentand Child.

ADVENTURERS. See Trade.

ADVERTISEMENT.Sheriff to furnish and post hand-bills

containing notices of sale 245Notice of foreclosuresalesto be pub-

lished as in executionagainstotherlands for the paymentof debts, ... 248

Hand-bills describing swine foundrunning at large to be posted,andcosts therefor regulated 262

NotIce to taxpayersof amount of as-sessment,and right of appealthere-from, regulated .73

How notice of assessmentof taxesmust be published ‘94

AFFINITY.Table of degreesof 179Marriages within the degrees of, to

be void 179Governorto grant a divorce 179

AFFIRMATION. SeeOaths;Attest.

Of witnesses,how to be made IllTo be taken by certain alien Protes-

tants upon naturalization, ,........ 299

AGENT, MERCANTILE.

To registernameof principal in coun-ty court 64

Upon failure to register, goodsto bepresumed his in whose possessionthey may be 64

Presumptionlimited 64

AGENTS. See Attorneys-in-Fact.

ALDERMEN. See Philadelphia, City of

ALE. SeeCask.To be retailedby beermeasureonly,. 90When to be sold by wine or b~beer

measure 222

ALEHOUSE.

Not to bekept without a license,94, 337-58Penalty for violation 94. 558Penalty for permitting disorder or on-

lawful conduct by a visitor 94Penalty for continuing businessafter

suppressionby county court with-out a new license 94

Index,~66

Page.ALEHOUSE.--Continued.

Application of last penalty 94To.keepgood entertainmentfor manand horse 94

Penaltyfor neglect 94Penalty for keepers of, permitting

drinking on Sunday 177Application of penalty 177Travelers, inmates and others, may

be supplied with victuals and drinkin moderation on Sunday 177

Ratesfor issuance of license 358

ALEHOUSE, KEEPER OF.

To sell beerand ale when drunk onthe premises by wine measure 222

But by beeç measure to those whocarry it away 222

Penalty for violation 222Application of penalty 222Manner of conviction 222

ALIENS.

Qualifications for naturalization 10How naturaiized 30Declaration to be made by, upon na-

turalization 30Settled prior to royal grant to Penn,

declared naturalized 31Land purchased by, to descend to

their heirs 122

ALLEGIANCE. See Declaration of Al-legiance.

ALLEGIANCE, OATH OF. See Oaths.

ALLOTMENT.Bonafide and for valuable considera-

tion, to be valid 192

AMENDMENT. See Practice.

AMERCEMENT.

Government and council to amercecounterfeitersof great seal 17

County court to amercecounterfeitersof county seals 17

Personsspeaking in derogationof ajudgment or sentenceof court to beamereedat next court 45

Defaulting witnessesliable to 47

ANNEXED COUNTIES. See Govern-ment of Newcastle, Kent and Sus-sex upon Delaware.

Page.ANSWER TO BILL IN EQUITt See

Pleading in Equity.

APPEAL. See Oert;orarz, Writ of.

Noneto be allowedfrom judgment fordebt under forty shillings 44

Appellant from county court to givesecurity to prosecute 134

From the. supreme court to theCrown regulated 153

May be had from decreeor sentenceof county court to supremecourtin certain cases,by petition, bill orplaint 152

Appellant in suchcasesto pay courtcharges, to satisfy the decree orsentence,or deposit with the justi-ces the sum awarded,or enter se-curity to prosecutethe appeal andpay costs and damagesshould ap-peal be decidedadversely 153

Requirementsupon 153Appellant imprisonedupon appealto

be enlarged 153To act as supersedeasof county court

until decision of supremecourt 153Appellant to enter recognizance,and

conditions thereof 153To the supremecourt regulated 153Costsof, by whom paid 153Writ of error to be allowed to party

grieved by the disproval or annul-ment within seven years of a willin writing by theproperofficer or bythe production of a later will orcodicil 195

From distribution of intestate’s es-tateby Orphans’court to be allow-ed to the supremecourt 201

Regulationof, from the assessmentofcertain taxes 282

Amount in controversy must exceedtenpounds, with certainexceptions,before such writ will issue 506

Right of, to the Crown regulated 308Writs of error to supremecourt from

the courts of quarter-ses~lons,andoyer and terminer, regulated 314

Personschargedwith felony of death,not bailable while writ of error ispending 314

Index. 567Page.

APPEAL,---Continued,ftosv transcript of record of lower

court of Philadelphia county to bemadeup in writs of error in certaincriminal oases 314

Bail in writs of error regulated 319Writ of error to avoid judgmentregu-

lated and methodof,. prescribed 319Bail on, not demandablein certain

oases 319When executor or administratorneed

not give bail on 319When omissionswithin thestatutesof

jeofails not to warrant reversal 320In equity oasesregulated 329From assessmentsof taxes regulat-

ed 375, 351Notice to taxpayersof amount of as-

sessment,and right of, therefrom,regulated 378

APPEARANCE. See Practice.

Garnisheeto appear in court at re-turn of writ of foreign attachment,. 28

In all courts may be in person 128In action of debt to be entered In

court from which summonsissues,130Judgment by default may be entered

against defendantfor want of 130

APPRAISEMENT. See Appraisers.Of goodsupon writ of foreign attach-

ment, when to be ordered 28County court to order, of goodstaken

in execution 46County court to appoint three ap-praisers, any two of whom maymake 46

Realty taken in execution to be ap-praised by a jury before sale 53

To be made of attached goods inactionof debt under forty shillings, 160

Sheriff to cause,to be madeof goodsfound in possessionof garnisheeafter entry of pleaof no goods 232

Appraisersto beappointedby justicesof the peace to value swine foundrunning at large 262

How overplus of re-surveyedland tobe valued and the proprietary paidtherefor, and how deficienciesfound by re-surveyto be madegoodby the latter 407

APPRAISEMENT.---Continued.Where appraisersrefuseor neglect to

value overplus land, common-pleascourt of thecountyto appointotherappraisers 408

How failure of proprietary or land-owner to appoint appraisersto beremedied 408

APPRAISERSOF GOODSAND CHAT-TELS TAKEN IN EXECUTION.

To be appointedby county courts,... 46To be three in number 46To be attested 46Any two of whom to act 46Feesof, regulated 46Mileageallowed to 46

APPRENTICES. SeeMilitia Laws.Children of parentsunable to support

them may be put to work or boundas,by overseersof thepoor 252

Penaltiesprescribedfor non-paymentof taxes assessed,and how collect-able 394

Residenceof freemennot freeholders,apprentices and hired servants attime of levy, to be the placewheretaxesare colleotable, 395

Processfor collecting same to extendthrough province if necessary 395

APPROPRIATION OF COUNTY FUNDS.To reimburse justices of the peace

and overseersof the poor for out-lays in relieving poor 20, 37

APPROPRIATIONS.How moneyarising from duties upon

imported servants, liquors, andtrading vessels,to be appropriated,.387

ARBITRATION.Over price of overplusof land on re-

survey regulated 120Of accounts involving set-off regu-

iated 242Award under, approvedby the court

to be binding 242

ARMY AND NAVY. See Militia Laws.ARREST. See Execution Against Per-

son of Defendant.

Fugitive bond servant to be arrestedby constable upon warrant fromjustice of the peace 56

Page.

568 Index.Page.

ARREST.---Continued.Travelers and immigrants unable to

give a satisfactoryaccountof them-selves,not having a pass or over-staying the time therein limited,liable to 102

Suspectedpiratesliable to, underpro-elamationor writ of pursuit Issuedby governorof neighboringprovinceor colony 102

Personarrestinga departerfrom theprovinceto be readywith his decla-ration and evidencenext day 129

Exemption 129Form of warrant of 136Upon actions to ‘writ of restitution

that nonecan be had, a capias toissue 155-56

Form of writ 156When freeholderis and is not liable

to, by cap~a~In civil action 320Judgment by default In civil action

when to be given andhow affectedby subsequent 320

Releaseof freeholderarrestedin civilaction on common ball 323

Plaintiff’s evidenceto beheardbeforejudgment by default given 324

Spectatorsas well as participants inforbidden gamessubject to 361

ARREST FOR DEBT.

Creditor causing, of debtor about toleavetheprovince,to be readywithdeclarationthenext day and to fur-nish security 249

Debtorsof knownestatewhen arrest-ed to be imprisoned at their ownchargesuntil security given 249

Debtor not to be imprisoned longerthan second day of next session,unless shownthat he concealspro-perty 250

Debtor not concealing property andunable to pay to make satisfactionby servitude 250

Masters of vesselsexempt from lia-bility to 250

Freeholdersnot liable to, unlessaboutto departfrom the provinceand re-fusing to give bail for appearanceor security for debt, 250

Page.

ARREST FOR DEBT.---Contlnuecl.

Necessaryavermentsby a creditorbe-fore warrant of arrestwill issue,... 250

Members of governor’s council andof assemblyexempt from, and un-prisonment, during a limited time,. 250

Term of servitudefor debtors 250Exception 250

ARREST, WARRANT OF.

Form of 1~i6Form of, prior to act one hundredand

six, to beretained 154-55

ARSON.

Defined 12, 184Punishment for 12, 184Cognizableby SupremeCourt 134, 149

ARTICLES.

Wherein the months are named nu-merically, declared valid for allpurposesat law 364

ASSAULT.

By child upon parent,punishr*ent for, 13Upon a magistrate,penalty for 13By servantupon master, punishment, 13

ASSAULT AND BATTERY.

Upon peaceableIndian inhabitants ofthe province,punishmentfor 229

ASSEMBLY. See General Assembly.

ASSESSMENT. See Taxes. City, Coun-ty, andProvince.

ASSESSORS. See Philadelphia; CountyAssessors;Supervisorsof Streets; Pro-vincial Tax Assessors.

ASSESSORS OP TAXES. See PublicOfficers; Taxes.

ASSIGNMENTS.Bonafide and for valuable considera-

tion, to bevalid 192

ASSIZE OF BREAD. SeeBread.

A&S’UMPSIT.Arrest and imprisonment for debt

permissibleonly in specifiedinstan-stances; all other actioim for debtto be commencedby summons 230

Index. * ~6g

ASSURANCE OF LAND~Page.

Certain informalities in the, not toaffect its validity 193

Every, to be conclusive, unless clai-mant bring suit before October,1710 193-94

Properlyrecordeddeedsto give oom-plete 351

ATTACHMENT. See Domestic Attach-ment; Foreign Attachment; Arrest.

Form of, prior to act one hundredandsix, to be retained 154-55

Writ of, to be grantedfor debtunderforty shillings againstabsentees,...160

ATTEST.

One charging threatening, &c., totake, before a justice of the peace, 23

Certificateof election of county asses-sorsto be attested 35

To be takenin lieu of oath of office,.. 39Forms of, to be taken by public

officers 39, 40, 41Appraisers of goods and chattels

taken in executionto be attestedbythe court; 46

Clerk of the market to be attested,... 62Preeholderssummonedto form part

of court for trial of negroesto beattestedby justices of saidcourt, 77, 234

Exporters of deerskins to make,astovalue of 107

Requiredof jurors 149Forms of, to betaken by membersof

Assembly 219Time and mannerof taking 220Acceptedin lieu of oath In giving evi-

dence 356Witnessesmay take 426Officers of the provincemay take, ... 426

ATTORNEY-GENERAL.

Feesof, regulated 138, 336Drawing defective indictment or in-

formation to redraw the samegratis 347

Penalty for refusil or neglect 347Table of feesto be constantlyexposed

to public view in his office 248No feesto bedemandedwithout a bill

of particulars 348

ATTORNEY-GENERAL.---Continued.Page.

Receipt for amount of fees to begiven 348

Penalty for neglect, refusal or over-charging 348

Penaityfor secondoffense 348Application of penalty 348Punishmentfor third offense 348

ATTORNEY, LETTER OF. See Attor-ney-in-Fact.

ATTORNEYS-AT-LAW. SeeOaths.

Form of attestto betaken by 41Form of affirmation for attorneys-at-

law with religious scruples againsttaking an oath 270

Jurisdiction of courtsover admissionof, and misbehavior by the latter,. 330

Feesof, regulated 344Drawing defective indictment or in-

formation to redraw the samegratis 347

Penalty for refusal or neglect 347Table of fees to be constantly ex-

posedto public view in their offices, 348No feesto be demandedwithout abill

of particulars 348Receipt for amount of fees to be

given 348Penalty for neglect, refusal or over-

charging 548Penalty for secondoffense 348Application of penalty 348Punishmentfor third offense 348

ATTORNEYS-IN-FACT.

Letters of attorney for sale of landhow proved 123

Powersof 123To deliver all conveyancesof realty

in open court to granteeor his at-torney 131

Powerof attorneyfrom foreign ownerto domesticagentwhenduly exem-plified to be admissableIn evidence,255

Conveyancesof landsby agentof for-eign ownerunder powerof attorneyto be conclusive 255

How such powers of attorney mustbe exemplified 255

Index.

ATTORNEYS-IN-FACT,---Continued.Page.

Conveyances so made when dulyproven to be equally effective as ifthe deed had been executedby theowner himself 256

No such conveyancesto be valid un-less power of attorney remains inforce 256

Such powers of attorney to continuein force until agenthas due noticeof revocationor deathof owner, ... 256

Deeds grante.d by duly empowered,and recorded, to ,be good againstlater grant from proprietary orOwner 353

AUJJ1TJ4.QUERELA, WRIT OP.

Jurisdiction of judges of supremecourt to issue 302

AUDITORS.

In action of account to have powerto examinewitnessesand to receivefeesfor this service 327

B.

BACKSWORD,

Playing at, punishment for 136

BADGE OF THIEVERY. SeeBranding.

Punishmentfor not wearing 10To be worn by person guilty of lar-

ceny, the goodsstolen not being re-covered 9, 10, 174

To be a Roman T 174Color, size and placeof wearingregu-

lated 174Punishmentfor not wearing 174Punishmentfor secondoffense 174-75

BAIL.

To ‘he furnished by one boumidto keepthe peaoeto appearat court 23

Allowable for all offenses, except incapital cases“where the proof isevident or the presumption great,”. 99

Allowable for all offenses,except“fel-oniesof death 99, 243

To be enteredby departersfrom pro-vince in actionof debt, for debt andappearance 120

BAIL.---Continued.

Creditor causing arrest of debtorabout to leave the province, to bereadywith declaration the next dayand to furnish security 249

Debtorsof known estatewhen arrest-ed to be imprisoned at their ownchargesuntil security given 249

Freeholdersnot liable to arrest, un-less about to depart from the pro-vince and refusing to give, for ap-pearanceor security for debt 250

Felonies punishableby death not tojustify release on, while writ oferror is pending 314

In writs of error, regulated 319On appealnot demandablein certain

cases 319Releaseof freeholderarrested in civil

action on common 323Plaintiff’s evidenceto be heardbefore

judgment by default given 324Specialsessionsto be heldfor defend-

ants about to departfrom the pro-vince after, given and double feest,aid 326

BAIL IN ACTION OF FOREIGN AT-TACHMENT. See Security.

May be enferedby defendantat anytime beforepayment 28

BAILIFFS.

Empoweredto enter suspectedgam-ing places and to commit withoutbail persons engaged in unlawfulgames 360

BAKERS. See Bread.

To mark their bread 61To sell breadby Troy weight ‘62Allowance to be made to, on soft

bread 62Penalty for not marking or selling

bread under or over assize 63To make good breadandpacicit truly

for exportation 96To brand all brea4packedfor expor-

tation with their marks 96To record their brand marks with in-

spector 96

By whom to be taken 243 BALLOT-BOXES, See Elections.

Index. 57’Page.

BANISHMENT.

Punishment‘by, for secondconvictionfor not wearing badge of thievery, 10

Convict returning from, to be punish-ed at discretion of court 10

Freemennot liable to, till tried byjury or by the laws of this pro-vince ....,.. . 18

Freemenexempt from, except by actof assemblyor trial by jury, or byadmiralty 359

BARGAIN AND SALE OF LANDS.

By attorneys-in-factto be binding,.. 123Bomiczficie andfor valuable considera-

tion, to be valid 192

BARGAINS.

When to be allowed under plea ofset-off 45

BARNS, BURNING OF. SeeArson.

BARRATRY.

DefinedTo be punished

BARREL. See Cask.

BASTARDY.

Punishmentfor, married womenguil-tyof 6

Punishment for unmarried womenguilty of 6

Penalty for harboring an unmarriedwoman guilty of 6

Punishmentfor a femaleservantguil-ty of, during servitude 6, 182

Putative father, how to be determin-ed; to give security for support ofbastard 7, 181-82

Mother to aid in supportingbastard, 7Evidenceas to, in a singlewoman,.. 181Evidenceas to a married woman in

the absenceof her husband 181Mother punishable where child is

born 6, 181In caseof a married woman sentence

to be suspendedfor oneyear 181But sheshall remainin prison or give

security 181Unless her husband return and de-

clare himself father of the child,whensheshall be discharged 181-1,2

Page.

BATTERY.

Punishment for 14

BEADLES.To beappointedto enforceact against

swine running at large 165

BEAR-BAITING.

Punishment for 186

BEEF. See Cask.Not to be exporteduntil viewed, pack-

ed or repackedand marked by in-spector 96

Penalty for shipping unmarkedbeef,. 96

BEER. See Cask.To be retailedby beermeasureonly,.. 90When to be sold by wine or by beer

measure 222

BEQUESTS. SeeGoodsand Chattels.

BESTIALITY.

Punishmentfor 8Causefor divorce 8

BETTING.

On anyunlawful games,thewinher toforfeit douhie his winnings 187

Application of forfeiture 187Limitation of action 187Plaintiff or informer to recover treble

costs 187

BIGAMY.

Defined 8, 183Punishmentfor marrying a bigamist, 9Causefor divorce 9, 183Punishmentfor 183Secondmarriage void 183Single person marrying marriedper-

son to be punishedasa bigamist,.. 183

BILL.Appeal from county court to supreme

court to be broughtby petition, bilior plaint 150

BILL IN EQUITY. SeePleading inEquity.

BILLIARDS.

Penalty for public housekeepersper-mitting playing 186

Penalty for playing 186-87

4647

572 Index.

BILLS.Page.

Forging, embezzling,defacingor cor-rupting, punishmentfor 16

To be paid sixth in settlementof de-cedents’ estates 32

When to be allowedunderplea of set-off 45

Wherein the monthsarenamednumer-ically, declared valid for all pur-posesat law 364

BILLS OF EXCHANGE. SeeExchange,Bills of

BINDING TO THE PEACE.

Threateningto harm in personor es-tate, causefor 23

To beby ajustice of thepeace 22

BIRTHS.

Registerof, kept by any religious so-ciety, to be allowed as evidence Dl

BIT.

Value of, regulated 88

BLACKBIRDS.

Reward for killing 166Heads to be brought to person ap-

pointed to receivesame 166Receiverof headsof, to be appointed

by county oourt 166Compensationof receiver 166Receiverto renderyearly accountsto

court and grand jury 167

BLACK WALNUT. See Trees.

BLASPHEMY.

Punishmentfor so

BOAT.

Rewardfor saving 11Penalty for taking away, or setting

adrift, without leave o’f owner 11

BODY. See ExecutionagainstPersonof

Defendant.

BOLTER5,

To make good flour andpack it trulyfor exportation 96

To brandall flour packedfor exporta-tion with their marks 96

Page.

BOLTERS.---Continued.

To record their brand-marks withInspector 96

BOND, REFUNDING.

To be filed by distributees in intes-tates’ estate

BONDS. See Orphans’ Court.

Required of putative father for sup-port of bastard 7


Whento beallowed underpleaof set-off 45

When payment may be pleaded inbar 318

Wherein the months are named nu-merically, declaredvalid for all pur-posesat law 564

To be given by iniporter of negroestosecure impost should property bechangedwithin a year 385

BONFIRES.

Punishmentfor making 5, 186

BOUNDARIES. See Landmarks,

BOUND SERVANTS. See Master andServant.

BOWLS.

Penalty for public housekeeper per-mitting playing 186


BOWLING ALLEYS.

Prohibited under penalty 360

BRANDING.

Part punishmentfor adultery 6Part punishmentfor secondoffenseof

rape 7. 173On the forehead;punishmentfor sec-

ond neglect to wear badgeof thiev-ery 10, 175

Part punishment for burglary 12Part punishmentfor secondoffenseof

burglary 173Also for robbery 175Part punishment for third offense of

adultery 180Part punishmentfor negroesconvict-

ed of certain offenses 235

Index.Page.

BRANDY. See Tariff; Liquors.

Penaltyfor selling adulterated 84, 239Duty on imported 85Application of penalty 239

BRANDYWINE CREEK.

Rates of ferriage over, regulated,... ‘77

BRASS.

Money weights to be’ of 87Standardsfor weights and measures

to be made of 89

BREACH OF THE PEACE.

Engagingin riotous sports to consti-tute a 5, 186

Personconvicted of forcible entry tobe guilty of 13

Personconvicted of assaultor battery

to be guilty of 14Processfor, may be servedon Sun-

day 1’76 i

BREAD. See Cask.

All, to bearbakers’ marks 61All, to be sold by Troy-weight 62Weight and price of, regulated 62Allowance to bakerson soft 62Only threekinds of, to be baked 62

Namesof loavesfixed 62To be weighed by olerk of the mar-

ket 63Exoeedtng assize to be seizable by

clerk of the market 63

BREAD FOR EXPORTATION.

To be well made and truly packed, .. 96Penalty for false packing 96To have bolter’s or baker’s brand be-

fore exportation 96Penalty for neglect 96

BREAKERS OF THE PEACE. SeeBreach of the Peace.

BRIBERY.

Punishmentfor offering or receivingabribe at election for members ofgeneralassembly 25

At election for membersof assembly,penalty for 214

Application of pehaity 214

573Page.

BRIDGES. See ChesterTown.

In cities and towns to be kept in re-pair by supervisors 66

To be built within eachcounty on theKing’s Highway between certainpoints wherecounty court shall di-rect 73

Width andrailing of, regulated 73County court with concurrence of

grand jury to appoint builders of,within the county 73

Cost of, to be paid out of countyfunds 73

Governor and council to appointbuildersof inter-county,and certifycost to eachcounty to countycourt, 73

County court to order county treas-urer to pay the moiety of cost socertified 73

Over mill races crossing existingroadsto bebuilt at cost of owner ofmill race 74

Building of, in Philadelphia raisingmoney for 415

BRISTOL.

All persons forbidden to “fire theirchimneys” or to aliow them to be-comeinflammably foul 67, 163

Penalty for violation 67, 163Every owner or tenantof a dwelling

house to keep a swab of certainlength and two leather buckets,...67-68

Penaltyfor neglect 6i~ProvisionsagaInstfire in l61Penaltyfor neglect 163Application of penalties 163Swine entirely prohibited from run-

ning at large In 263Penalty for neglect 263Limits of the town of, defined 263Court-house and prisoa for Bucks

county to be built in 279Elections for all county officers and

representativesof Bucks county tr’be held in 279

BROAD SEAL. SeeGreatSeal.

BUCKETS. SeeFire Buckets.

BUCKS, COUNTY OF.

Swine illegally runningat large with-in certain partsof, to be forfeited,. 93

Index.574Pe,ge.

BUCKS, COUNTY OF.---Continued.

Amount of special provincial tax tobe raised in 114

Time for holding supreme courtthere 134,150

Certain animals not to run at largein 165

Penalty for neglect by owner 165Application of penalty 165Boundsof, limited 165Number of representativesin assem-

bly fixed 213County elections for all county offi~

cers and representativesin, to beheld in the town of Bristol 213, 279

Feesof county clerks for furnishingduplicatesof assessmentsof taxes, 259

Saleof old andbuilding a new court-houseandprison in, authorized, .. . 278

Commissionersappointed to sell oldand build new court-house andprison in 279

Assessorsto levy special tax for build-ing new court-houseand prison in, 279

Term of court of quarter-sessionslimited to three days in Philadel-phia county, and two days eachinBucks and Chestercounties 313

Commissioners appointed to compelthecollectionof arrearsof taxes,..370-71

To meetwhere the courts are held in,and settle accounts of arrears of

taxes 371

BUGGERY. See Sodomy.

Negro chargedwith, to be tried byspecialcourt 78, 236

Negroguilty of, punishedby death,.78, 23~Cognizabieby supremecourt 134, 149Punishment for 183Age of discretion and assentessen-

tial to conviction 183Groundsfor divorcecs mensaa tltoro, 184

BUILDINGS.

In Philadelphia, regulationof 368

BULL BAITING.

Punishmentfor 5, 186

BURGLARY.

Punishmentfor 11, 172Cognlzableby SupremeCourt 134

Page.

BURGLARY.---Continued.

Negro chargedwith, to be tried byspecial court 78, 235

Negro guilty of, to be punished bydeath 78, 238

Defined 173Punishmentfor secondoffense 173

BURIALS.

Register of, kept by any religious so-ciety, to be allowed asevidence 91

BURLINGTON.

Ratesof ferry to, regulated 76

BURNING OF WAREHOUSES, OUT-HOUSES, BARNS, STABLES, &C.,&C. See Arson.

BUTTER.

To be sold 3~yweight 63To beweighed by clerk of the market, 63To be forfeited if found light weight

after notice 63

BUTTER AND CHEESE.Duties fixed upon butter and cheese

imported 286

CALENDAR.

Months and daysmay belegally call-ed First, Second, &o., beginningwith March and Sunday 20

CALES. SeeICayles.

CANOE. See Boat.

CA P.74S. See Arrest; Attachment.Form of, prior to act one hundredand

six, to be retained 154’SS

04P148 AD JIESPONDENDUM. SeeArrest.

CAP148 AD 84 T18FACIEND Uk!,WRIT OF. See Execution.

CAPITAL PUNISHMENT. See Homicide.

CARDS.

Punishmentfor playing 5, 186, 187Penalty for public housekeeper per-

mitting playing 186Playing at, &e,, prohibitedunder pen-

alty 360

Index. 575

CAROLINA.Page.

Importation of Indian slaves from,.. 236

CARRIAGES. SeeWagons.

CARTERS.

To assist with their teamsand carts•in repairingstreetsandhighwaysofPhiladelphia 419


CARTWAYS AND ROADS. See High-ways.

CASK.For beer,ale, cider,pork, beef,oil and

simliar commodities to be made ofgood white-oak timber 95

Gaugeof puncheon,hogshead,tierce,barrel and half-barrel for abovemerchandiseregulated 96

All, to have maker’smark underpen-alty of forfeiture 96

For flour or breadfor exportation tobearbrand of bolter or baker 96

Gaugeof flour or breadcasksregula-ted 96

Penalty for neglect 96Size of tobaccohogsheadsregulated, 97Bach tobaccohogsheadto be marked

with its tare 97Penalty for neglect 97Application of penalty 97Price to be paid for tobacco hogs-

headsregulated 97To suit specialmarket, maybe of anysize the maker chooses 97

CASTRATION.Punishment for second offense of

rape 7Punishmentfor sodomy or bestiality, 8Negroes guilty of attempt at rape

upon a white punishedby 79

CATTLE.

When damages may be recoveredfrom owner of trespassing 71

When damagesmay be recoveredbyowner of trespassing, for injurythereto 71

Owner of “unruly,” to prevent tres-pass 71

CERTIFICATE. SeeMarriage.Page.

CERTIFICATE OF CLEARNESS. SeeMarriage.

CERTIORARI, WRIT OF.

Jurisdiction of judges of supremecourt to issue 301

When, to remove indictment beforetrial had in an inferior court, mayand may not issue 303

Bail in such cases 303Proceedingsafter convictionin the su-

preme court in such eases 304How justices to issue writs of, in va-

cation 304Amount in controversy must exceed

tenpounds, with certain exceptions,before writ will issue 306

CHALLENGE. See Dueling; Jury inCriminal Courts.

CHANCE MEDLEY.

Punishmentfor 172

CHARTER PARTIES.

Wherein the months are named nu-merically, declaredvalid for all pur-posesat law 364

CHARTERS. See Deeds.


CHASTITY. SeeBestiality; Incest; Rape,and Sodomy.

Punishmentfor offensesagainst 6

CHATTELS. See Goods and Chattels.

Of persons laboring or transactingworldly business on Sunday liable

to distress and sale for their pen-alty 176

Of personsrefusing to comply withjudgment in easesof debt underforty shillings liable to be takenin execution 189

CHESTER, COUNTY OF. SeeChieester.

Swine illegally running at largewith-in certain parts of, to beforfeited,93,165

Amount of speoiai provincial tax tobe raised in 114

576 Index.Page.

CHESTER COUNTY.---Continued.

County court to lay out a road fromtheKing’s Highway to thetown ofChester 124

Inhabitants and others to subscribefor the erection of a toll draw-bridge over ChesterCreek 124

Time for holding supreme courtthere 134-5, 151

Penalty for neglect by owner of tres-passingswine 165

Application of penalty 165Act for sale of court-house and

prison 167Manner,and conditions thereof 167Feesof county clerks for furnishing

duplicatesof assessmentsof taxes,.259Justices, grand jury, assessorsand

treasurerof Chestercounty to per-form duties imposed by formerstatute at a new term of court asprescribed 259

Old court-house and grounds in,vestedin Ralph Fishbourn 291

Term of court of quarter-sessionslim-ited to three days in Philadelphiacounty, and two dayseachin Buoksand Chestercounties 313

Commissionersappointed to compelthe collection of arrearsof taxes,.370-71

To meet at, and settle accountsofarrears of taxes 371

CHESTER CREEK.

Toll drawbridgeat Chesterto hebuiltover, by subscription of inhabitantsof Chestercounty and others 124

CHESTERTOWN.

Inhabitants of, to plant certainkindsof trees in front of their houses 66

All personsforbidden to “fire theirchimneys” or to allow them to be-come inflammably foul 67, 163

Penalty for violation 67Every owner or tenant of a dwelling

house to keep a swab of certainlength and two leather buckets, .. 67-8


County court to lay out a road fromthe King’s Highway to 124

CHESTER TOWN.---Continued.Toll drawbridgeto bebuiit over Ches-

ter Creekat, by subscriptionof in-habitants of Chester county andothers 124

A majority of the subscribersto deter-mine location 124

Subscribers to the extent of fifteenshillings, and their heirs to passfree of toll 124

To be twenty feetin the clear 125Subscribersto provide .a bridge ten-

der to openthe draw free to vesselspassing to and from the mills atany time 125

County court to award damagesagainstsubscribersto any masterofvessel whose passageis obstructedby the bridge 125

Upon failure to pay damages thebridge to be pulled down by orderof the governor and council 125

Subscribersto appoint a collector oftolls 125

No personto be obliged to subscribe,125Tolls regulated 125Application of, tolls 125Owners of land taken for abutments

to be reimbursedby the subscrib-ers 125.126

Provisions against fire in 163Penalty for neglect 163Application of penalties 163Boundariesof Chesterdescribed 165Swine entirely prohibited from run-

ing at large in 263Penalty for failure to comply with

statute 263Rate for issuanceof licensefor pub-

lie inn, &c 358

CHICHESTER.Rate for issuanceof license for pub-

lie inn, &o 358

CHILDREN. See Parent and Child.

CIUMNEYS.Penalty for “firing” or allowing, to

becomeinflammably foul in certainplaces 67, 163

Householdersin certainplacesrequir-ed to keep a swabof certain lengthfor 67, 68, 163

Page.

Index.rage.

CHIMNEYS.—Continued.Penalty for neglect 163Hooks to be provided by justices of

Philadelphia 163

CHRISTIANA CREEK.

Ratesof ferriage over 76

CHURCHES.Registers of births, marriagesor bu-

rials kept by, to he allowed asevi-dence 91

CIDER. See Casks;Tariff; Liquors.

Duty on imported 106, 383, 439

CITIES.

Supervisorsto be appointed’ for pitch-ing, paving, &e., of streets;regula-ting water courses;cleansingdocks,and repairing landing places andbridges within

CITIZENS,

Penalty for refusal or neglect of, towatch in Philadelphia 420

CITY ESTIMATES.

For certain expenses,to be madebysupervisorsof streets,&o., and twojustices of the peace 66

CITY OP PHILADELPHIA. See Phila-delphia, City of.

CITY TAXES. SeeTaxes, City.

CLANDESTINE MARRIAGE. SeeMar-riage.

CLERK.

Having religious scruples, may takean affirmationinstead of the pre-scribed oath of omce 267

Form of affirmation 260Of the peace for Philadelphia to re-

cord assessmentsand appropria-tions 415

Compensationtherefor 415

CLERK OF COURTS. See Courts.

CLERK OF THE COUNCIL.

Feesof, regulated 334Table of feesto beconstantlyexposed

to public view in his office 348

577Page.

CLERK OF THE COUNCIL,---Continued,

No fees to be demandedwithout abill of particulars 348



Penalty for secondoffense 348Application of .penalty 348Punishmentfor third offense 348

CLERK OF THE COURT FOR DE-TERMINING DEBTS UNDER FORTYSHILLINGS.

Feesof, regulated 343Drawing defective indictment or in-

formation to re-draw the samegratis 347

Penalty for refusal or neglect, 347Table of fees to be constantly ex-

posedto public viewin his office andin court during its sitting 348



Penalty for neglect, refusal or over-


CLERK OF THE COURTS OF GENER-AL SESSIONSOF THE PEACE ANDCOMMON PLEAS.

Feesof, regulated 339Drawing defective indictment of in-


Penalty for refusalor neglect 847Tableof feesto beconstantlyexposed

to public view in his office and incourt during its sitting 848


Receipt for amount of fees to hagiven 348

Penalty for neglect, refusal, or over-

chargingPenalty for secondo~ense 348Application of penalty 348Punishmentfor third offense 348

65

578Page.

CLERK OF THE GENERAL ASSEM-ELY.

To record the attestsof members,... 220Fee for so doing 220

CLERK OF THE MARKET.

To be appointedIn market-towns,andwhere needed in other towns byproprietary and governor

Duties ofTo have one-third of fines

CLERKS IN PUBLIC OFFICES. SeeGathe.

Form of attestto be takenby

CLERKS OF COUNTY COURTS.

Fees regulated 138

CLERKS OF ELECTIONS FOR MEM-EERS OF THE GENERAL ASSEM-BLY.

To be appointed by the sheriff orother officer oonduotingtheelection, 214

To be attested 214Duties of 214

CLERKS OF JUSTICES.

Feesof, regulated 139, 344Drawing defeotive indictment or In-


Penalty for refusal or neglect 347Table of, feesto be constantlyexpos-

ed to public view in their offices,... 348No feesto be demandedwithout a bill




CLERKS OF SUPREME COURT.

Fees regulated 138

CLIPPING. SeeCoin.

CLOSH-KAYLES.


Penalty for playing 186-87, 360

Page.COCK FIGHTING.

Punishmentfor 5, 186

COIN. SeeMoney.

No person obliged to receive, exceptby Troy weight 86-7

Mannerof weighing, regulated 87Ratesof value of, regulated 88Punishmentfor washing, clipping or

In any way diminishing or falsify-ing, or being accessarythereto 88

Penalty,how recoverable 88Application of penalty 85All tariff and internal revenueduties

to l~epaid in 107Contractspayablein coin exceptedIn

act making country produce legaltenderin the governmentsof New-castle,Kent and Sussexupon Dela-

ware 126

COLLATERALS.Limit of representationIn distribution

of intestate’s estates 33

COLLECTOR OF CUSTOMS. SeeRoyalCollector of the Ports Royal.

COLLECTOR OF IMPOSTS.

Empoweredto board ships,break intohousesand cellars 439

COLLECTORS OF CERTAIN CITY ANDTOWN TAXES.

To be appointedby supervisors 66Empoweredto levy upon warrant on

goods and chattels of defaultingtaxpayers 66

COLLECTORS OF COUNTY TAXES.To be appointedby county assessors,.36Pay of 36Penalty for neglectingor refusing to

collect 37Empoweredto levy upon warrant on

goods and chattels of defaultingtaxpayer 37

To pay over collections to appointedreceiver 38

Receiver’sreceipt to be sufficient dis-charge of 38

Duties of, where money due from acounty is setoff againsttaxes 411

Penaltiesfor violations 411

Index.

626363

40

Index.

Page.COLLECTORS OF INTERNAL REVE-

NUE.

To be appointedby theproprietary,.. 108Powersof 108

COLLECTORS OP TAXES. See PublicOfficers, Philadelphia.

To be compelled to collect arrearsoftaxes 371

Who shall appoint substitute 371To make distress and sale of goods

and chattels of delinquent taxpay-ers 371-72

Penaltyfor neglector refusalto serveas 371

Proof of payment to treasurer todischarge collector of aooount-ability 371

Compensationof, 372Duties of assessorsand, in levying

and collecting certain delinquenttaxes 411

COLLECTORS,ROYAL, OF THE PORTS.

Feesof, regulated 346Discriminating proviso in favor of in-

habitants 347Tableof feesto be constantlyexposed

to public view in their offices 348No feesto be demandedwithout a bill

of particulars 348Receipts for amount of fees to be



N. B,—The last seemsto be itU~’cttires.

COLLECTORS OP PROPRIETARYQUIT-RENTS.

To be appointed by the receiver-gen-eral or proprietary or commissionerof property 223

Appointments of, by receiver-generalto be recordedin eachcounty 223

To sit at certaintimesto receivepay-ments 223-24

Paymentsto beenteredin a roll to bekept in each county 224

To levy distressfor arrears 224

37—I

579Page.

COLLECTORS OF PROPRIETARYQUIT-RENTS.---Continued.

To bring their accountsto the re-ceiver-generalbefore June24, 1706,.. 225

Receiver-generalto credit collectorsof quit-rents securedby obligationor otherspecialty 226

To enterall transfersof land subjectto proprietary quit-rents 227

Feesfor so doing regulated 227

COLLECTORS OP PROVINCIAL TAX.

To be appointedby assessorsof saidtax 111

Duties of 112Provincial tressureF’sreceipt to be a

sufficient dischargeto 112Feesof, regulated 112To allow and pay assessors’fees 112

COLLECTORS OF SPECIAL PROVIN-CIAL TAX.

To be appointedby assessorsof saidtax, 116

To proceed against defaulting tax-payers 116

To pay over collections to receiversappointed by proprietary at suchlanding placeas assessorsshall ap-point 116

Receipt from proprietary receiver tobe a sufficient dischargeto 116

Feesof, regulated 116

COLLECTORSOR TARIFF.To beappointedby the proprietary,.. 108Powers of 108

COMMANDERS OF VESSELS. SeeMasters of Shipsand Vessels.

COMMERCE. See Staves; Pipe; Cask;Pork; Beef; Flour; Bread; Tobacco;Trade;Tariff.

COMMISSIONERS. See Officers, Public.Appointed in each county to compel

thecollection of arrearsof taxes,... 370Powers of 371When and where to meet 371

• Two to form a quorum 371Compensationof 372To meet at Philadelphia and settle

accountsof arrearsof taxes 873

5 8o Index.

COMMISSIONERS OF PROPERTY.Page.

Grantsby any, to be valid . 119When to appoint provincial receiver-

general and deputies 223When to appoint deputy receivers-

general 223

COMMISSIONERS, ROYAL.

All lawful grants or warrants forlands made before the royal char-ter to Penn confirmed 118

Exceptwhen obtainedby fraud or de-ceit 118

COMMISSIONS.

Wherein monthsPare named numeri-cally declaredvalid for all purposesat law 364

COMMON HOUSE.

Gaming in, prohibitedunder penalty,. 360

COMMON LAW.

Course of, to be followed in practiceand pleading 149

COMPOUNDING LARCENY.

Penalty for 10, 175

COMPTROLLERS OF THE PORTSROYAL.

Feesof, regulated 346Table of fees to be constantly ex-

posedto public view In their offices, 348No feesto be demandedwithout a bill

• of particulars 348Receipt for amount of fees to be



N. B.—The last seemsto be ultra tires.

CONFEDERATE. SeeAccessary;Pirates.

CONSANGUINITY.

Table of degreesof 179Marriageswithin thedegreesof, to he

void 179Governor to grant a divorce 179

Page.CONSCIENCE, LIBERTY OF. See Re-

ligion.

CONSCIENTIOUS SCRUPLES.Attest acceptedin lieu of oath, .. .356, 426

CONSPIRACY.Punishmentfor, againstthe life, per-

son or estateof theproprietary, ... 52Limitation of action 53

CONSTABLE OF THE COURT FORDETERMINING DEBTS UNDERFORTY SHILLINGS.

Feesof, regulated 343Table of feesto be constantlyexposed

to public view in his office 348No feesto )e demandedwithout a bill




CONSTABLES. SeeOaths.To levy fines not exceeding twenty

shillingsupon warrant from onejus-

tice of the.peace 19

To promulgatenotice of electionto fillvacanciesin general,assembly 26

Penalty for neglect 26To be compelled by warrant of jus-

tices of the peace to bring in cer-tified list of taxable persons andproperty (with its value) in hisbailiwick 36, 111, 115

To prepare such lists [after 1701]when directedso to do by countyassessors 36

Form of attest to bs taken by 40To arrest fugitive bond servant upon

warrant from justice of the peace,. 56To commit fugitive bond servant to

custodyof sheriff 56To assistcollector of tariff or internal

revenuewhen required 109Feesof, regulated 111, 139, 160, 345Empowered to demand and collect

penalty for drinking in publichouses,&o., on Sunday 177

Index. ~8IPage.

CONSTABLES.---Continued.

Required to search public houses,• &c., suspectedof permitting drink-

ing on Sunday 177To dispersepersonsfound drinking,.. 177Upon refusalto disperse,suchpersons

to be taken before a justice of thepeace 177

• To put up public notice of sale of anintestate’srealty 204

Form of affirmation for constablewith religious scruplesagainst tak-ing an oath 269

Table of fees,to be constantly ex-posed to public view in their of-fices 348




Penalty for secondoffense 348Application of penalty 348Punishmentfor third offense 348In Philadelphia, to furnish assessors

of city taxes with list of taxablepersons 415

Compensationfor so doing 415-16Refusal or neglect of, to watch in

Philadelphia 420Penalty for 420Required to notify magistrates of

street obstructions and incumbran-ces 420

To aid collectorof imposts,underpen-alty 439

CONTEMPT OF COURT.

Penalty for speakingin derogationofa judgment or sentenceof 45

CONTENEMBNTS.

Exempt from fines 44

CONTRACTS.

Forging, embezzling,defacingor cor-rupting, punishment for 16

For paymentsin coin exceptedin actmaking country produce legal ten-der in the governmentsof Newcas-tle, Kent and Sussex upon Dela-

CONTRACT5,---Continued.Page.

Rates of money in payments madeupon existingcontractsregulated,..276

Regulation of the weights of coinswhich shall constitute paymentsupon existing contracts 278

Act for ascertaining the rates ofmoney for payment of debts andpreventingexactionson certaincon-tracts 294

Recital showing the evils to be reme-died by above act 294-95

Payments made otherwise than inmoneyat any otherthan prescribedrates forbidden 295

Debtor discharged where creditorexacts money at other than pre-scribed rate 296

Proviso saving contracts made pay-able in moneyof a different value,.. 296

Wherein the months are named nu-merioaliy, declaredvalid for all pur-posesat law 364

CONTRACTS OF DECEDENTS.

As to land acquiredin partnershiptobe binding 121

CONTRACTS OF REAL ESTATE.

Exempt from effect of “Act for de-termining debts under forty shil-lings,” 189

CONVEYANCES. See Deeds; Land.

Executedby attorneys in fact to bevalid 123

To be acknowledgedand delivered inopen court 131

Certain informalities in the wordingof, not to affect their validity 193

Such to be conclusive 193Unless claimant bring suit before

Octobei; 1710 194Wherein the months are named nu-

merically, declaredvalid for all pur-posesat law 364

CONVEYANCING.

All conveyancesof realty and mort-gagesto be deliveredin opencourt, 131

Except leasesfor one year 131ware 126

Index.

COOPERS. See Cask.Page.

Gaugeof casks regulated 96Only good white-oak timber to be

used in “tight” cask 95-6To put their marksupon all casks,... 96To record their marks with inspec-

tor 96Penalty for neglect 96

CORONERS. See Oaths.

To servewrits of foreign attachment, 27Form of attest to be taken by 40Feesof, regulated 138, 233-38

• To conduct election for members ofassembly in the ‘absence of the

sheriff, under sheriffs or the depu-ties of either 318

Penalty for neglect 218Application of penalty 218To serve writs of attachment when

required 231Having religious scruples may take

an affirmation of the prescribedoath of office 267

Form of affirmation 269Act for regulating election of sheriffs

and 272Double number of persons to be

chosenannually for presentationtothe governor fo 272

How successorto be appointedto cor-oner who refusesto accept, is con-victed for misbehavior in office, ordies 273

In caseof failure or neglect to electpresent incumbent to continue inoffice 273

Official oaths of sheriff and coronerprescribed 274

Sheriff and ooroner of Philadelphiacounty to hold the same offices forthe city 275

In theseveralcountiesto perform cer-tain duties in supremecourt, com-mon pleas and court of oyer andterminer 314-15

When to make proper return to aliaswrits of execution from other coun-ties or be liable 325

Table of his feesto be constantlyex-posedto public view in his office,.. 348

CORONERS.---Continued.

No feesto bedemandedwithout a billof particulars 348



Penalty for secondoffense 348Application of penalty 348Punishmentfor third offense 348

CORPORATIONS.Subscribersauthorized to locate site

and erect a toil drawbridge overChesterCreek at Chester town 124

• CORRUPTING OF CHARTERS ANDOTHER WRITTEN INSTRUMENTS.

• Punishmentfor, 16

COSTS.Appellant ,from county court to give

security for 134Of prosecutionfor petit larceny to be

paid by offender 159Not recoverableby plaintiff refusing

to acceptpaymenttenderedor offerto defalk his debt 241

Defendantin action of scii’efaeias forrecovery of debt awarded by juryin action of set-off to pay 242

For posting hand-bills describingswine running at large regulated,..262

Of alias execution, how awarded 326

COUNCIL. See Governor and Council.

To consent to proprietary’s regula-tions for mannerof paymentof in-ternal revenue 108

To sendprovincial treasurer’sannualaccountto the generalassembly 112

Duty in levying certain arrears ofproprietary taxes 265

COUNTERFEITING. See Forgery.

Punishmentfor, greatprivy or countyseal 17, 241

COUNTIES, See Philadelphia County,Bucks County and ChesterCounty.

Officers In the several, to performcertain duties in supremecourt, andcourt of oyer and terminer 314

Page.

COUNTIE5.---Continued.Page.

Courts of common pleas in the sev-eral, constituted,andtermsof courtprescribed 315

How execution to issue wherepersonor goods lie or are hidden in an-othercounty 325

Cost of’ alias execution to be first de-ducted 326

Prooessfrom common pleascourt sit-ting in equity to issue to other, andbe equally valid 328

COUNTIES ANNEXED. See Govern-ment of Newcastle, Kent and Sussexupon Delaware.

COUNTIES OF NEWCASTLE, KENTAND SUSSEX ON DELAWARE. SeeGovernmentof Newcastle,&c.

COUNry’.

To pay moiety of costof inter-county,bridges 73

To pay cost and maintenanceof cartbridges on highways over millraces 74

COUNTY ASSESSORS. SeeElections.

Number of, fixed 35None but freeholderseligible to be

elected 35Time of electing, fixed 35Pay of, fixed 37Not less than four, to assist in al-

iowing debtsdue by county 35Not less than four, to assistIn calcu-

lating annual county estimatesfortaxes 35

To fix tax rate annually 35To direct ‘constableto bring in certi-

fied list of all personsand property(with its value) within his baili-wick 36

To revise valuationsgiven in tax listfurnished by oonstable 36

To use all lawful meansto ascertaintrue valuations 36

To make annual assessment 36To assessthemselves 36To appoint collectors of county tax,.. 36

583

Page.COUNTY ASSESSORS.---Continued.

Empowered to engagecollectors forany sum less than a percentageofone shilling per pound of their col-lections 36

To appoint a county treasurer 36To fix his compensation 37Togetherwith judgesof county court

to order disbursementsby countytreasurers 37

To assist In auditing county treas-urers’ accounts 37

To fix placefor paymentof taxes, ... 38To meet to hear, and detennineap-

peals from assessments 38Empowered to increase or diminish

‘appealed assessmentsupon hear-ing 38

In caseof neglect to elect, or refusalof, to serve, justices of the peaceto act as 38

The justices of the peaceand grandjury of each county to act as, forthe year 1700 95

COUNTY CHARGES. See County Es-timates.

COUNTY CLERK.

To preparein duplicateprovincial taxlist 111, 115

Compensation 111, 115Penaltyfor refusalor neglect 112, 116To notify the governor of occasion

for holding supremecourt upon ap-pealsbeing grantedin certaincoun-ties 135, 151

Such notice to be under the countyseal 135, 151

To sue for proprietary quit-rents orfor taxesdue by non-residentsafterMarch 25, 1708 227

Suit to be brought In the name ofthe proprietary 227

COUNTY COURTS. See Court, County.

COUNTY DEBT.

To be calculatedby judgesof countycourt, grand jury and county as-sessorsjointly 35

When to be calculated 35Calculators to allow just claims 35

Index.

584 Index.Page.

COUNTY DEBT.---Contlnued.

Due to justices of the peaceand over-seersof the poor for advancestorelievepoor to be first paid

Old, to be paid the sameas that sub-sequently accruing

COUNTY ESTIMATES FOR TAXES.

To be made annually by judges ofcounty court with assistanceofgrand jury and at least four coun-ty assessors 35

COUNTY FENCE VIEWERS.

To be appointedby county court 71To apportioncost, erectionand main-

tenance of partition fence in caseof dispute without appeal 71

To determine the sufficiency of allfences 72

To notify owners or possessorsto re-pair fences 72

COUNTY FUNDS.

Justices of the peace and overseersof the poor to be reimbursedout of,for outlays In relieving pool 20, 37

Accounts of, to be kept by countytreasurers

Old debtsto be paid thesameas thosesubsequentlyaccruing 37

Disbursementof, to bemadeby coun-ty treasurer upon joint order ofCounty court and county assessors,. 37

Damage~awarded for carrying ahighway through improved land tobe Paid out of 69

Cost of bridges contracted for bycountycourt or governorand coun-

oil to be paid out ofRewardsfor killing wolves to be paid

out of 85, 238County clerks to be paid for prepar-

ing special provincial tax lists outof respective 115

Assessorsand collectors of specialprovincial tax to be paid out of re-spective 115, 116

~iOTJNTY LEVIES. See Taxes, County;Philadelphia

Page.

COUNTY OFFICERS.

To attend supremecourt judges dur-ing sittings 135

COUNTY PRISON.Jailors not to oppressprisoners,...99, 243One to be in eachcounty 100, 243“To be free as to room,” 100, 243To be workhousestemporarily 100, 243Prisoners to be at liberty to supply

themselves with bedding, food,&c 100, 243

COUNTY RATES. SeeTaxes;County.

COUNTY RECORDEROF DEEDS. SeeRecorderof Deeds.

COUNTY REGISTEROF WILLS, &c.See Register-General;Deputy.

COUNTY SEAL.

PunIshment for counterfeiting 17Eachcounty requiredto have 16, 240

COUNTY STOCK. See County Funds.

COUNTY TAXES. SeeTaxes, County.

COUNTY TREASURER. SeePublic OlE’-cers.

To be appointed by county asses-sors 36

Duties of, 37To allow collectors of taxes the com-

pensation agreed for, with countyassessors 37

CompensationofDisbursementsby, to be madeupon

joint orders of judges of countycourt and county assessors 3~

To pay county’s moiety of cost of in-ter-county bridges upon order ofcounty court 73

To pay delinquent taxes to provin-cial treasurer 372

Duties of, where money due from acounty is set-off againsttaxes 411

Penaltiesfor violation 411

COURT, COUNTY. See Orphans’Court.

To grant and determine writs of for-eign attachment 27

37

37

Index. 585Pegs.

COURT, COUNTY.---Continued.To record certificates of election of

county assessors 35To appoint appraisersof goods and

chattels taken In execution 46To attest appraisers of goods and

chattelstaken in execution 46Jurisdiction of, in actionagainstsher-

iff for neglect to notify master ofapprehensionof fugitive bond ser-vant 56

To appoint viewers to lay out high-ways (roadsInto main roads) 69

To approvereturn of viewers 89To appoint jury of six to award dam-

ages for highways passing throughImproved land 69

To appoint two viewers to determinesufficiency of fences In claims fordamages 71

To appoint county viewersof fences,. 71To determinewhere bridges on the

King’s Roadshall be built 73With concurrenceof grand jury to

contract for building bridges 73To order oounty treasurer to pay

county’s moiety of cost of inter-county bridgesas certified by gov-ernor and council 73

To divide county into highway pre-cincts 73

To annually appoint an overseer ineach precinct 74

Penalty for neglect 74To Issue warrants to levy penalties

under the act for erectingof bridgesand maintaining highways by dis-tress and sale 74

Empoweredto fix rental of unoccupiedland takento establisha. ferry overNeshamlny Creek 76

Empoweredto condemnandseize Ill-wrought or ill-tanned leather notlegally stamped, and boots, &c.,made thereof 91-2

To appoint an inspectorof pipestavesIn each county 92

When to suppresspublic houses 94To appoint inspector of beef, pork,

flour and breadfor exportation 96To have jurisdiction in first Instance

of actions 134

Page.

COURT, COUNTY,—Continued.Exceptions 134When to be held 134To have equitablejurisdiction 134To have conclusive jurisdiction ofmatters under ten pounds value,... 134

Appeal from, to provincial court Inoases involving ten pounds or up-wards 134

To adjudge of mansion-house fortrade with the Indians 141

To be held quarterly In each county,. 148Time for sitting in Philadelphia,

Eucks and Kent counties 148Time and place for sitting in Ches-

ter, Newcastle and Sussex coun-ties 148

To be held by the justices commis-sionedby the governorfor thepur-pose 148

Commission to be under the broadseal 148

To give summaryjudgmentsIn causesbetween merchants and seamennot cognlzablein admiralty court,.. 149

Threeof the judgescommissionedbygovernorto bea quorum 149

Judgesof, empoweredto try all pleasof the Crown or criminal oases 149

Exceptions, 149Judgesof, to hold specialcourts 149Judgesof, to hold pleas and to have

jurisdiction of all civil notions 149To observe“the Infanoy of the gov-

ernment, the capacitiesof this peo-ple” and the methodsof the court ofcommonpleasIn England 149

To have regard to the’ regular pro-cessand proceedingsof the formercounty courts 149

To observe brevity, plainness andverity in all declarationsand pleas, 149

Judgesof, to avoid fiction and colorin pleading 149

Judgesof, to follow pleadingat com-mon law In causesbetween mer-chants and seamen 149

To attestall jurors 149

To receive report of jury In causesbe-tween merchantsand seamenandgive judgment or sentencethereon,149

Index.586

Page.COURT, COUNTY—Continued.

In suchcasesto awardprocessor ex-ecution as upon judgments at com-mon law 149

To hear and decree in matter~sofequity 149

Empoweredin proceedingsin equityto enforce their dec~reesby ,im,-prisonment or sequestration oflands 150

Judgesthereof empoweredto act asjustices of the peace and hold pri-vate sesslbnsas such 150

Power to apply statutes of jeofalls,.. 152Judge thereof before whom writ of

error may be brought to allow itIf assignmentsare errors in law,.. . 152

Judge thereof to sign recognizanceofappellant, approving the same 152

When to stay executionupon appeal,.153Judgesof, to appoint beadlesto en-

force act against certain animalsrunning at large 165

To appoint receivers of crows’ andblackbirds’ head’~ 166

Such receiversto be attested 167To keep exact accountof heads 167Jurisdiction and duty of, in connec-

tion with the collecting o8 certainarrearsof proprietary taxes 266

Of ~ommon pleasof thepropercountyto have jurisdiction of actions ofwaste, of partition and of accountagainstvarious persons 327

To determinecompensationto be paidby substituted ferry’men for houseand plot of land 482

COURT, COUNTY, DISCRETIONARYPOWER OF.

To excuseabsentingjudgesof countycourts 42

To determinesatisfaction to be madeto masterby fugitive bond servant, 55

To fine keeperof the lower ferry overSchuylkill for neglect of duty 428

COURT, DISCRETIONARY POWEROF.

Page.COURT, DISCRETIONARY POWER

OF.---Continued.

As regards extent of whipping ofpersonsguilty of sodomyor bestial-ity every threemonths for a year,. 8

To punish larceny by whipping 9

• To punish convicts returning afterthianishment 10

To punish larceny by wearing badgeof thievery 9-10

To punish for sedition, spreadingfalsenews or defamation of character,.. 15

To publicly disgracepersonsguilty ofcertain offenses 16

To amerce for counterfeiting countyseal 17

To excusedefaulting jurors 43

To amerce personsspeakingin dero-gation of a judgment or sentenceof court 45

To amercewitnessesin criminal casesfor neglect of summons 47

As to amount of servitude to be per-formed by burglars,, 173

To imprison incendiaries at hardlabor, to the use of the poor 185

To order incendiary to make satisfac-tion by servitude, when unable todo so otherwise, 185

To impose additional penalty on per-sons guilty of killing or injuringpeaceful Indians Inhabitants of theprovince 229

To regulate the whipping of negroesguilty of certain offenses 280

To fine for, counterfeiting the greator privy seal 241

Application of penalty 241

COURT FOR TRIAL OF NEGROES.

To consistof two justices of the peacespecially oommissionated by thegovernorand ~ix freeholdersof theneighborhood 77-8, 234

The six freeholders to be summonedby warrants from the two justicesof the peace,and to be attested,.78, 234As regardssupport of bastards 7

Page.COURT FOR TRIAL OF NEGROES.

—Continued.To determineall casesagainstnegroes

charged with rape upon a white,murder, manslaughter, buggery,burglary, attempted rape upon awhite or otherhigh offense,larceny,unlicensed carrying of arms,, andholding meetingsexceedingfour ne-groes in number 78

Penalty for justice or freeholderne-glecting or refusing to serve 78

To be recoveredby distressandsale,. 78Special, to be held for the trial of

negroes charged with certaincrimes 234

Crimes cognizabieby suchcourt, .73, 234PunIshment for such crimes 234Duties and powers of 234To issue warrant directed to the

sheriff for executionof negroescon-victed 78, 235

COURT FOR THE TRIAl, OF NE-GROES, DISCRETIONARY POWEROF.

To whip negroesguilty of larceny. .. 79

COURT-HOUSE.

Saleof old and building a new, andprison In Bucks county, authorized,278

Commissionersappointed to sell oldand build new, and prison forBucks county 279

Old, and grounds in Chestercounty,vested In Ralph Fishbourn ,. 291

COURT OF ADMIRALTY.

Powers of, not to be affected by the“Act of Privileges t6 a freeman,”...353

COURT OF COMMON PLEAS.

Of Philadelphiawhen to appoint reg-ister-general 422

Justicesof, to assistregister-general,423

COURT OF QUARTER-SESSIONS,DIS-CRETIONARY POWER OF.

To determine extent of whipping ofpersons convicted of larceny, thegoodsstolen not being recovered,9, 174

37*_I

~87

Page.COURT OF QUARTER-SESSIONS,DIS-

CRETIONARY POWER OF.—Con-tinued.

To fix additional time to be servedby single woman bound servantguilty of bastardy during time ofservitude 182

To causeact against riotous sports,&c., &c., to be read as often as itseesfit 362

COURT OF RECORD. SeeInnkeepers.

COURT, ORPHANS’.

To order sale of realty of Intestatesfor payment of debt, maintenanceand education of children or Im-provement of estate for benefit ofohiidren 52, 203

Justicesof the peaceforming countycourt to sit twice a year to hold,... Si

JurisdIction of 81Time and placefor holding 81, 156When judges of county courts shall

hold Orphans’courts 156Register-generalor his deputy to as-

sist 156Certsin powersand duties of 156To distribute estates according to

wills 157When to selectguardiansor tutors for

minors 157To direct the apprenticingof minors,. 157ProcedureIn, regulated 157Bonds given by guardians, tutors or

trustees,to thecourt, to be canceledupon satisfactionbeing madeto thecourt by said persons 157

Judges thereof to fix fees of its

officers 158F Compensation of judges of, to be

paid out of county rates 159Bonds of register-general and his

deputiesto be recordedin 197Such bon’ds to be kept by one of thejustices of the 197

To compel administrators to renderaccounts 200

To award distribution of intestates’estates 200

Appeal may be taken from such dIs-tribution to supreme court 201

Index.

~88 Index.Pege.

COURT, ORPHANS’.—Continued.Not to make distribution till a year

after intestate’sdeath 202To compel administratorsto comply

with decreesof distribution, 202To appointan inquest to value realty

of intestate where the heir at lawdesiresto pay off thewidow’s doweror other children’s sharesand theparties cannotagree 205

COURT, SUPREME.Two judges to hold court in every

county at certain times 134Judges’ expensesto be defrayed By

sheriff 135Compensationof judges 135Compensationpayable from county

rates 135Notice for the occasion of a sitting

of the, to he given by county clerksto the governor 135

To try felonies 135, 151Appellate court from county

court 134-35,151Five judges to be appointedby gov-

ernor 134Time for sitting in Philadelphia,.134, 150Time for sitting in other coun-

ties 134-35, 150. 151Upon appeal to, no judge to sit in

judgment upon his own case 137Five judges to be appointedby the

governor or lieutenant-governor,...150Three judgesto be a quorum 134, 150Time for sittIng 150Two judges, at least to hold court In

the several counties 150To have appellatejurisdiction to en-

force its decreesupon appealsbyImprisonment or sequestration oflands 151

At least two judges to decide errorsin law 153

To remandrecord to whence It came,after decisionfor executionor other-wise 153

Appeal therefrom to the Crown 153To issuewrits of restitution upon re-

versing executionof county court,.. 154To have appellate jurisdiction over

the Orphans’court in regard to thedistribution of Intestates’estates,...201

COURTS. See Pleading; Procedure.Page.

To accept exemplifications of deedsrecorded in the rolls office as evi-denoe, 21

To approvesale of decedent’~estatefor payment of debts 31

Penalty for speakIngin derogationofa judgment or sentenceof 45

Judgesof all, to make rules for regu-lation of officers and the practicetherein 154

Granted by proprietary by virtue of

royal charter not to be affectedbyact one hundred and six 156

Act directing the qualifications of allmagistratesand officers, as also themannerof giving evIdence 266

Recitals showingnecessityfor regula-tions as to the oaths of public of-ficers who have scruples on thesubject 266

Regulationof the form of oath whichwill qualify public officers havingoonsoientlous scruples to performtheir duties 267

Form of affirmation for judge andjustices with religious scruplesto beusedinsteadof an oath 268

Act of judge administering an oathdeclared to be not the act of the,but of the individual judge 271

Violations of affirmations, which thosewith rèiigious scruples are allowedto take insteadof oaths,madepun-Ishableasperjury 271

Jprisdlction of judge in taking deposi-tions 271

Supremecourt of Pennsylvaniaoon-stltuted, andits termsof court regu-lated 301

Number of judges to constitute thesupremecourt of Pennsylvaniapre-scribed 301

Jurisdiction of judges of supremecourt to issue certain trite, regu-lated 301

Jurisdiction of supreme court pre-scribed 302

Appointment and duties of prothonO-tary of supreme court regulated,.. 302

Jurisdiction of judges of supremecourt in vacation regulated 303

COURTS.—Continued.

When certiorari to removeindictmentbefore trial had in an inferior court,may and may not issue 303

Bail in such cases 303Proceedingsafter conviction in the

supremecourt in suchoases 304How justices to issue such write of

certiorari in vacation 304Prerequisitesto be compliedwith be-

fore certiorari, habeas corpus orotherwrit mayissue to lowercourt, 305

Amount in controversy must exceedten pounds,with certainexceptions,before suchwrit will Issue 306

When judgesof the supremecourt tohold a court of equity 306

Equitable jurisdiction of justices ofthe supreme court regulated 307

Po\ver conferred upon judges of su-premecourt to regulatesittings, ad-journments and hearings in vaca-tions 307

Right of appealto the Crown regu-lated 308

Court of general quarter-sessionsofthe peaceand goal delivery consti-tuted, and Its termsregulated 308

Jurisdiction of court of quarter-ses-sions defined 309-10

Of quarter-sessionsnot to have juris-diction over treason or murder, ... 311

Of oyer andterminer to havejurisdic-tion of treason and murder 311

Respectivejurisdictions of, of quarter-sessions and oyer and terminer,further regulated 312

Term of court of quarter-sessionslim-ited to three days In Philadelphiacounty, andtwo dayseachin Bucks,and Chestercounties 313

Establishedspecified, not to abridgecharter powers of mayor, recorderand aldermen of Philadelphia 313

Processes of, in certain criminalcasesto reach into any county ofthe province 313

Writs of error to supremecourt fromthe, of quarter-sessionsand oyerand terininer regulated 314

Writ of error not to justify releaseonball in felonies of death 314

5 8g

Page.COURTS.—Continued.

How transcript of record of lowercourt In Philadelphia county to bemadeup in writs of error in certaincriminal cases 314

Court officers in the several countiesto perform certain duties in su-premeCourt and court of oyer andterminer 314

Courts of common pleas in the sev-eral countiesconstituted,and termsof court prescribed 315

How processfrom courts of commonpleasto issue 315

Prothonotaryof common pleas to beappointed and duties prescribed,...315

Certain extraordinary sessions ofcommon pleas,to be held 316

Pleadingsin commonpleas,regulated,316Practicein common pleas, regulated,.316Judgments by default in common

pleas, authorized 316Dilatory pleas not to be received ex-

ceptwhen supportedby affidavit,... 316Pleadings in replevin and other

actions regulated 316Costs after judgment sustaining de-

murrer, and after verdict for theplaintiff 316

When jury mayview premisesin con-troversy 316

When advantagecannotbe taken ofInaccuraciesor defects In pleadingor practice 317

When demurrerwill lie to omissionsor defects in pleading 317

Specialsessionsto be heldfor defend-antsabout to departfrom the pro-vince after bail given apd doublefees paid 326

Of equity in commonpleas,establish-ed 328

Their termsand jurisdiction prescrib-ed 328

Processfrom commonpleascourt sit-ting in equity to issue to othercounties,andbe equallyvalid there-in 328

Practice in court of common pleassitting in equity to be like that Inthe high court of chanceryIn GreatBritain 328

Index.

Page.

Index.Page.

COURTS.—Continued.

Appeals in equity casesregulated,... 329Of equity without jurisdiction if reme-

dy exists at law 329Of equity to order matters of fact to

be tried at law 329Prothonotarlesof the several oourts

misbehavingthemselvesto be sus-pended or discharged,and succes-sors appointed 329

Jurisdiction of,, over admissionof at-torneysand in casesof their misbe-havior 330

Power granted to judges to makerules of court 330

Pendingactions not to be affectedbylaw establishingnew courts 330

Where appraisers refuse or neglectto value overplus land, commonpleas court of the county to ap-point other appraisers 408

Recorder’s, in Philadelphia 421How constituted 421When to be held 421To determine small debts 421

COURTS, SPECIAL.

Fees of, regulated 133To be called by judges of county

court 149

COVENANT, ACTION OF. -

Breaches assignable in, and judg-ment to be renderedthereafter, ... 317

CREDITORS,DOMESTIC.

To bepreferredover foreign

CREDITORS,JUDGMENT.

64

May take only so much of appraisedrealty as will satisfy judgment, ... 54

CREEKS. See Brandywine; Christiana;Neshaminy.

Penalty for making weirs across 75Exception 75

CRIER, COURT.

Page.CRIER OF THE COURT FOR DETER-

MINING DEBTS UNDER FORTYSHILLINGS.


to public view in his office 348No feesto be demandedwithout a bill


given 348Penalty for negiect, refusal or over-

charging 348Penalty for second offense 348Application of penalty 348Punishmentfor third offense 343

CRIMES. See Religion; SabbathBreak-ing; Master and Servant; Parent andChild; Riots; Riotous Sports; Prizes;

StagePlays; Masks; Revels; Bull Bait-ing; Cook Fighting;Bonfires;Rape;Lar-ceny; Incest; Sodomy; Bestiality;Housebreaking;Burglary; Arson; Firingo~Woods, &o.; Forcible Entry; As-

sault; Battery; Menace;Libel; Slander;Breach of the Peace;Homicide; Sedition; SpreadingFalse News; Defama-tion of Character;Landmarks,Remov-ing; Forgery; Embezzlement,Defacingor Corrupting Charters, &o.; FalsifyingEnrollments, &c.; Counterfeiting; For-gery; Usury; Imprisonment; Outlawry;Banishment; Marriage; Threatening;Grand Jury; Trespass;Barratry; Per-jury; Lying; General Assembly; Bri-bery; Constables;Sheriffs; Blasphemy;Cursing; Reproach,Term of; Conspira-cy; Plotting against Proprietary; Har-boring and Concealing Fugitive BondServants; Bond Servant Dealing inGoodsand Chattels,&o.; Negroes;Coin;Felonies; Chance Medley; Manslaugh-ter; Adultery; Bastardy; Fornication;Indians.

CRIMINAL LAW. See Murder; Treason.Two witnessesrequired to convict in

all criminal oases 47Jury in capital oasesregulated 129Violations of affirmations, which

thosewith religious soruplesate al-lowed to takeinsteadof oaths,madepunishableas perjury 271Fees of, regulated 129

Index. 59’Page.

CRIMINAL LAW.—Continued.

When certiorari to removeindictmentbefore trial hadin an inferior courtmay andmay not issue 303

Ball In such cases 303Proceedings after conviction in the

supremecourt in suchcases 304How justices to issue such writs of

coreiorari in vacation 304Jurisdiction of court of quarter-ses-

sions defined 309-10Courts of oyer and terminer to have

jurIsdiction of treasonand murder, 311Respectivejurisdictions of courts of

quarter-sessionsand oyer and ter-miner furl her regulated 312

Termof court of quarter-sessionslim-ited to three days In Philadelphiacounty, andtwo dayseachIn Bucksand Chestercounties 313

Processesof, In certaincriminal casesto reach into any county of theprovInce 313

Writ of error pendingIn felonies pun-ishable by death not to justify re-leaseon bail 314

CROWN.Debtsdue to the, to bepaidsecondIn

settlementof decedent’sestate 32Appeal from supreme court lies to

the 153

CROWS.Rewardfor killing 166Headsto be brought to person ap-

poInted to receive same 166Receiverof headsof, to be appointed

by county court . 166Compensationof receiver 166Receiverto renderyearly accountsto

court and grand-jury 167

CUDGELS.Playing at, punishmentfor 186

CURSING. SeeProfaneness.Punishmentfor 50

CUSTOMS. See Taxes.Officers of the, empoweredto direct

sheriff or officer to collect possetoarrestsuspectedpirates 103

Penaltyfor neglect 103

D.Page.

DAMAGES.Persons joining others In marriage

contrary to law to pay, to party in-jured 22

To be recovered in any court ofrecord 22

Incurred by perjury to be recovered~from perjurers 47

County court to appoint a jury of sixto assess,for carrying a highwaythrough improved land 69

Tobepaid out of countyfunds 69When, maybe recoveredfor Injury to

trespassingcattle 71For injuries inflicted by cattle tres-

passingon fencedlandto beallowedagainstowner of suchcattle 71

Double, to be allowed againstownerof cattle trespassinga secondtimeon fenced land 71

Double, to be awarded for exportingfalsely packed bread and flour 96

Double, to be awarded for false Im-prisonment against informer orprosecutor 100, 131, 243

Plaintiff or prosecutor under thespecial provincial tax act, fallingto prove his case,liable to defend-ant In treble damages 113,117

Double, to be paid by negligent sur-veyors In casesof re-survey 121

Double, to be awarded to person In-jured by failure of sheriff to sum-mon a sufficient panel to serve Incourt 132

Appellant from county court to givesecurity for 134

Damagesrecoverableby the defend-antin suchcasesIf theplaintiff becast, . .~ 284

Practicein executingwrits of inquIryof, regulated 324

Awarded, how to be collected 325Treble, recoverablefor unlawful suit

under statute regulating taxa-tion 382, 398

DARBY.All persons forbidden to “fire their

chimneys” or to allow them to be-come foul 87, 163

592 Index.

DARBY.—Continued.Page.

Penalty for violation 67, 161Every owner or tenant of a dwelling

house to keep a swab of certainlength and two leather buckets 67-8

Penalty for neglect 68Application of penalties 163Rate of Issuanceof license for public

inn, &c 358

DAYS OF THE WEEK.May be legally called First, Second,

&o., beginning with Sunday 20

DEATHS. See Burials.

DEBT. SeeCountyDebt; Imprisonmentfor.

Real and personalproperty liable fordecedent’s 31

Classification and priority of dece-dent’s 12

Of Intestates proved subsequenttodistribution, to be securedby re-funding bonds 34

Realty of Intestate liable for his, ... 52Due Inhabitants to have priority 64Due non-reeldent, demand for, to

be made within one year afterdebtor’s death 64

Personarrestinga departerfrom theprovinceto be readywith his decla-ration and evidence next day 129

To give security to pay chargesanddamagesIn caseof being unsuccess-fol 129

Personshavingestate,imprisoned for,to pay their own expensesuntil se-curity or satisfaction be given 129

No one to be detained In prison for,or fine longer than the second dayof next sessions 129

Exceptions,all personssuspectedofbeIng privy to concealmentsof es-tateto be examined 129

When no estate Is found the debtorshall satisfy the debt by servitude,on demand of creditor 129

Inhabitants not to be arrested for,before trIal 130

DEBTc-Continued.Page.

Departerrefusing to give bail for ap-pearanceat court or security forthe, or not having goods sufficientto attach may he arrested 130

Warrant of arrestnot to be granteduntil plaintiff declareshis action tobe just, and that his declarationand evidenceare ready for trial, Ifdefendantpray a special court 110

Inhabitants,not departers,to be sum-moner for, in accordance withChapter LXVI 110

Plaintiff may serve summonson de-fendant personally 110

Defendant may be served in anycounty, although a resident of an-other 130

Defendantbeing served,to appearincourt from which sumipons issued,130

Judgmentby default, when to be en-tered 110

Execution to IssueIn opencourt uponjudgment after trial 130

To be directed to sheriff, of the de-fendant’s domicile or wherehis realestate lies 180

To be effeotualIn any county 130

Members of provincial council andassemblyexempt from services ofprocessfor debt during certain pe-riods 130

Action of, to be first tried in countycourts 124

Order of payment of, of decedent’sestatesprescribed 198

Not binding on executorafter theex-piration of twelve months 199

Small, to be determinedin recorder’scourt in Philadelphia 421

Contractedwithin this provincepre-ferred over thosecontractedout ofIt 365

Due by judgment, &o., or bond, &o.,recovered~or made out of this pro-vince for debts not contracted Inthis province not to takeprecedenceof debts contractedhere 365

No action for, contractedIn this pro-vince to be stayed upon plea of aforeign debt of highernature, ,..,,, 365

Index.

DBBT.—Continued.Page.

Unlessactionbe first enteredfor suchforeign debt 365

DEBT, ACTION OF. SeeAction of Debt.


Upon penalty regulated 318When interest recoverableupon judg-

ment in action of 313

DEBTOR AND CREDITOR. SeeImpris-onment for Debt.

Debtor discharged where creditorexacts money at other than pre-Soribedrate 296

DEBTS UNDER FORTY SHILLINGS.See Attachments.

How recoverable 189Decision of justice to be final 44, 189Execution to issue against body of

defendantrefusing to comply withjudgment, or who hasno goodsandchattelsto satisfy the same 44, 189

Not to extend to rents or real estateoontraots 189

DECEDENTS’ ESTATES, RESIDUE OF.SeeWills; Inteetates.

Realand personal, to be sold by exe-cutor or adminIstrator, or uponjudgment, or order of oourt uponprocedure,for decedent’sdebts 31

Realty liable only where personaltyIs ineffiucient 33

Salesto be approvedby ocurt 31Such sales to be conclusive 32Classificationand priority of debts, .. 32Distribution of, to be madeby county

registerwithin one year after dece-dent’s death 34

Debt due inhabitantsto havepriority, 64Judgmentandexecutionfor debtsdue

inhabitants to have priority 64To be distributed by Orphans’ oourt

accordIng to wills 156-57Distribution of murderer’sestate 172Register-generaland his deputiesto

probatewills and grant letters ofadministration 197

593Page.

DECEDENTS’ ESTATES, RESIDUE OF.—Continued.

No will to be provednor letters of ad-ministration takenout in more thanone county 197

Order of paymentof debtsprescribed,198Not binding on exeoutorafter the ex-

piration of twelve months 199Distribution of, to be valid 192When executoror administratorneed

not give bail on appeal 319Procedureon oaveats 423Procedureon distribution 423

DECLARATION. See Pleading.

Brevity, plainnessandverity to be ob-servedIn the declarationsand pleasIn county court 149

DECLARATION OF ALLEGIANCE.

Required of aliens before naturaliza-tion 30

DEEDS. See Mortgages; Recording ofDeeds.

Forging, embezzling,defacing or cor-rupting gifts, grantsor conveyances,punishment for 18

Falsifying enrollmentor record, pun-ishment for 16

Not recorded,although required bylaw so to be, declaredeffective, ... 21

No, required to be recorded 21All, grantedby any lawful authority

under which land has been dulyseatedprior to the royal charter toPenn confirmed 118


All, from the proprietary to be underthe great seal 119

Such, to beoonolusiveafter two years,119Executedby attorneys-in-factfor sale

of land to be valId 123Of saleto be acknowledgedand deliv-

eredIn opencourt 131Certain informalitles in the word.ing

of, not to affect their validity 193Such, to be oonolusive 193Unless claimant bring suit before

October, 1710 194

Index.594Page.

DEEDS.—Continued.Hereafter made to be acknowledged

or proved by two witnessesbeforea justiceof the peacein the presenceof the reoorder within six monthsafter execution, 206, 349

So acknowledgedand recordedto beeffectualin law 207, 350

Made previouslybut not acknowledg-ed or recorded,complying with thisaot within five years from March25, 1710-11, to b.e effectual from theirexecution 207, 350

Effeot of all properly recorded,.. .208, 350Leasesfor twenty-oneyears or under

excepted 206-7Justice to oertify aoknowledgmentor

proof 207

So certified and recordedto b” valid, 207Heretofore made and not yet ac-

knowledgedor proved and recorded,upon the doing thereofwithin a lim-ited time, to be valid from date ofexecution 207

Executed out of this province, man-ner of proving 207

To beproved within six monthsafterbeing broughtinto this province 208

Priority and effect of recording 208

Bxemplifioationsof, to be valid 208Rights of all persons not parties to

the, to be protected 209

‘Provided they pursue their actionwithin sevenyears 209

Rights of femescovert,minors, luna-tlos, persons beyondthe seasor inprison not to be concluded untilthree years after the removal ofsuchdisabilities by any 209

‘When a seconddeed, although firstrecorded,shall be void 210, 358

Freeconsentof wife essentialfor con-veyanoeof her realty 210

To be reoordedwherethe land lies, .. 210

When sheriff’s deed to be given oflandsexposedto sale for paymentofdebts,hut not void 246

Conveyaxceeof lands by agent ofnon-residentowner under power ofattorney to be conclusive 255

page.

DEEDS.—Continued.

Power of attorney from non-residentowner to domesticagentwhen dulyexemplified to be admissiblein evi-denoe 255

How such powers of attorneys mustbe exemplified 255

Conveyances so made, when dulyproven, to be equally effective as ifdeed had been executed by theowner hImself 256

No such conveyancesto be valid un-less power of attorney remains inforoe 256

Such power of attorney to continueinforce untii agent has due notice ofrevocationor deathof owner 256

Old court-houseand groundsin Ches-ter county vested in Ralph Fieh-bourn 291

Feesfor recordingor exemplifying,.. 349

To be recorded within six monthsafter their exeoution 349

When exemplifloationsof, shall be asvalid as the original 212

Penalty for leaving, beyonda certaintime at recorder’soffice 355

How recoverable 355Wherein the months are named nu-

merically declared valid for allpurposesat law 364

Title to land acquired through theproprietaryor under previousgrantsor otherwise lawfully acquired con-firmed 400, 405

Exceptions 400, 401, 405

Conveyances,salesand gifts of landto the proprietary from other per-sons confirmed 401

Proprietary to assur~and confirmprior grants, and those hereaftermade, when reasonably demanded,401

Conveyanoesunder seal by the pro-prietary or his agent, and duly re-oorded, declared valid without de-livery before witnesses,livery andseizin, or acknowledgment 402

Pleasadmissibleand thosenot admis-sible to denytheoperationof grantsof land by the proprietary 402

Index.Page.

DEEDS.—Continued.

Conveyancesby the proprietary dulysealed and recorded to constitutea warranty by the proprietaryagainst various possible diversclaims 404

No, or grants by the proprietary tocover grants heid invalid In law,,. 404

Warranty of proprietary not to covergrantsheld invalid in law 404

Warranty of proprietary in convey-ances of unlooated lands only tocompelgranting of the samequan-tity elsewhere,or the refunding ofpurohasemoney and oompengationfor improvements 405

How overplus of re-surveyedland tobe valued, and the proprietarypaidtherefor, andhow deficienciesfoundby re-survey to he made good bythe latter 407

Proprietary authorized to dispose ofoverplusland found by re-surveys,.409

Proprietary to make good deficIen-cies at the samerate he receivesforoverplus land In same neighbor-hood 409

Proprietary’ not to be compensatedfor overplus land, if owner is au-thorized by his purchaseto take upmore 409

No quit-rents payable to the proprie-tary upon allowancesfor roads,bar-rens and differenceof surveys 409

Grants subsequentlymade liable tosix per cent allowances for roadsand barrenswhen surveyed 409

DEER SKINS.

Exported to pay a duty of forty shil-lings per hundred poulids ad valo-‘rent 107

Exporter to make attestof the valueof 107

DEFACING OF CHARTERS ANDOTHER WRITTEN INSTRUMENTS.

Punishmentfor 16

DEFALCATION... SeeSet-Off.

Page.

DEFAMATION OF CHARACTER.

Defined 15Punishmentfor 15

DEFAULT. SeeJudgment,

DEFENDANT.

In attachmentdefined 232May enter bail for goods attached

after executionand before sale 232In foreign attachmentsmay disprove

debt, &o., within a year and a dayafter sale 233

DELAWARE. See Governmentof New-castle, Kent and Sussex upon Dela-ware.

DELAWARE RIVER.

Ratesof ferriageover, regulated 76Regulationof ferries over 499-30

DELINQUENT TAXES. See Taxes, Ar-rearsof.

DELINQUENT TAXPAYER.Penalty upon 416

DELIVERY. SeeDeeds.

DEMURRER.

When applicable 152

DENIZENS.

Rights and immunities acquired bynaturalization 31

DEPARTERS OUT OF THE PRO-.VINCE. SeeAttachment.

Subject to writ of foreign attach-ment 29

Liable to arrestfor debt 130To publish their intentions thirty

days before departure 84, 228Mannerof so doing 228Notice to be attestedby a justice of

the peace 228To procure a passunder the provin-

cial or countycourt 84, 228

DEPORTATION.

Part punishmentfornegroesoonvictedof certain offenses 235

595

38—I

Index.596

DEPOSITIONS.Page.

Affirmations of witnesses about toleavethe province, or preventedbysicknessfrom testifying, to be takenafter notice to adverseparties 271

Taken without oross-examination,whereadverseparty fails to appear,madegood andsufficient evidence,..271

DEPUTY-REGISTER OF WILLS.To give seourity 423Bond to berecordedin oounty court,. 423To administeroathsor attests 423

DESCENT. SeeIntestates.

DEVISES. See Lands and Tenements.To Protestantreligious sooietiesto be

applied only to the usesappointedby the testator 425

DICE.Punishmentfor playing with, 5, 186-87,360Penalty for public housekeeperper-

mitting piaying 186

DISABILITY.Sheriff, neglectingto oarry out war-

rant for the execution of negroesconvictedbefore specialcourt, liableto 235

DISBURSEMENT. See County Funds.

DISCOVERY, BILL OF. See Imprison-ment for Debt.

DISCRETIONARY POWER OF COURT.See Court.

DISCRETIONARY POWER OF JUS-TICES OF THE PEACE. See Justicesof the Peace.

DISCRETIONARY POWER OF MAGIS-TRATES. See Magistrates.

DISCRETIONARY POWER OF THEGOVERNOR AND COUNCIL. SeeGovernorand Council.

DISFRANCHISEMENT.Part punishmentfor bribery at elec-

tion for membersof assembly 214Or for offering to serve in assembly

for less than the law allows 214

DISORDER. Pegs.

In public inns, &o., not to be per-mitted under penalty, 94, 358

DISSEIZURE OF FREEHOLD OR LIB-ERTIES.

Freemenexempt from, except by actof assembly or trial by admiraltyprocess 359

DISSEIZURE OF LAND OR LIBERTY.

Freemennot liable to, exceptby thelaws of this provinceor till tried byjury 18

DISTRESS.

Goods and chattels subjeot to, forfines less than twenty shillings 19

Levy against defaulting taxpayer tobe by, andsale, .. .38, 66, 112, 116, 372, 416

Levy agaInst absenting judges ofcountycourts to be by, and sale,... 42

Levy for penaltyfor obstructinghigh-ways to be by, and sale 70

Levy for cost of repaIring partitionfenoeto be by, and sale 72

Penaltiesunder the aot for erectingbridges and maIntaining highwaysto be levied by, and sale 74

Fines of justices for neglect of dutyin trials of negroesto be levied by,and sale 78

Satisfactionfor iaroenycommitted bynegro servant or slave to be rooov-eredby levy on qiaster’s or owner’sgOods and chattels by, and sale,... ‘/9

Fines not specIallydisposedof by lawto be levied by, and sale 83

Goods and chattels of personslabor-ing or transactingworldly businesson Sunday liable to, and sale fortheir penalty 176

Arrears of proprietary quit-rents re~ooverable by 224

Arrears of proprietary quit-rents notpayableat specific placesto be re-covered by oolleotors by 225

Saving to delinquentsall pleas, &o.,allowed by the laws of England,... 225

Not to be madetill six monthsafterfirst demandfor arrears of proprie-tary quit-rents 225

Index.Page.

DISTRESS.—Continued.

Not to be madeon personclaiming tohave paid or given security for pro-prietary quit-rents but unable toproduceproof 226

Fine for neglectof duty by membersof the court for the trial of negroesto be levied by, and sale 235

Satisfaction to party wronged to hemadeby master or owner of negroguilty of robbery or larceny to belevied by, and sale 235

Inhabitantsof townshipsliable to dis-traint of goods and Imprisonmentwithout bail for non-paymentof taxfor the support of the poor 252

Penaltiesfor violationsof act againstriotous sports, &o., to be levied bysale and 363

Goods and ohattelsof delinquent col-lectors to be levied on by, and sale, 418

DISTRIBUTION OF DECEDENT’S ES-TATE. See Decedent’s Estate; Wills;Intestates,

DIVISION LINES.

At whoseexpenseto be run 121

DIVORCE.

Adultery a causefor 6, 180Time of application for, limited, 6, 180, 183Bestiality a causefor 8Sodomya causefor 8, 133Bigamy a oausefor 9Incestuousmarriagea causefor 179Governor or lieutenant-governor to

grant 184

DIVORCE A MENd’S ET THORO.

Buggery causefor 184To begrantedby the governoror lieu-

tenant-governor 184Time of application limited 184

DOCKS.

Cleansing of, in cities and towns tobe regulatedby supervisors 65-6

DOGS.

Not to go at large in streetsof Phila-delphia 419

Penalty for violation 419

DOG-MATCHES.Punishment for 186

DOLLARS, LION OR DOG.

Value of, regulated is

DOMESTIC ATTACHMENT.

Not to be issued except against de-partersout of the provincewho re-fuse to give securityfor their debts,213

For procedure,&o., under this act seeForeignAttachment.

DOMICILE.

Of taxablesnot freeholdersat time oflevy to be the place where taxesare collectable 393

Processfor collecting same to extendthroughout the province 395

DOWER.

Subject to decedent’sdebts 32Widow of testatorto have one-third

of personalty absolutely and one-third of the realty for life unlessequivalent provision has been pre-viously made 32

Widow of Intestate leaving issue tohave one-third of the personaltyabsolutely and one-third of therealty for life 32

Widow of Intestate leaving no issueto have one-half of personaltyabso-lutely and one-third of realty forlife 31

Refundingbond to be given,in intes-tate’s estate 34

Not to extend beyond life 205To be according to the law of Eng-

land 205

Land conveyed by husband withoutconsentof wife not liable for 210

DRAMA. SeeRiotousSports.

DRAM SHOP.

Not to be keptwithout license 357-58Penalty for violation of license 158Ratesfor issuanceof license 358

DRAWBRIDGES. See Chester Town.

DRINICING. SeeDrunkenness;Healths-Drinking.

597Page.

Index.598

Page.DRINKING AND TIPPLING ON SUN-

DAY.

In public houses,&c., penalty or pun-ishment for 177

Penalty to be paid to constableupondemand 177

Penalty on public housekeeper forpermitting 177

Application of penalties 177

DRINKING HEALTHS. See Healths-Drinking.

DRUNKENNESS. See Healths-Drink-ing.

Punishmentfor 99Punishment for permitting or en-

couraging 99, 185, 358

DUELING.

Punishmentfor sendingor acceptinga challenge 51

DUTCH.Those settled prior to royal grant to

Penn declared naturalized 31

DUTIES. See Taxes; Imposts; InternalRevenue.

DWELLING HOUSE.

To be last taken on writ of foreignattaohment

B.

EDUCATION. See Parent and Child.

29

EJECTMENT.

Personsunjustly disseized of landsmay recover the same, and havejudgment by default 330

ELECTIONS. See Sheriff; Coroner;Taxes; Bucks County; ChesterCounty;PhIladelphiaCity and County.

ELECTIONS FOR FILLING VACAN-CIES IN GENERAL ASSEMBLY.

To be by writ from governoror lieu-tenant-governorto sheriff 25

Writ to be returnedduly executed,.. 26Publication of writ to be made by

reading and advertising 26

ELECTIONS, &c.—Continued.Where to be read. How to be adver-

tised 26Notice to be given to every constable, 26Constables required to promulgate

writ 26To be by writ issued by the provin-

cial secretary upon order of thespeaker 217

Or, in caseof delay by theprovincialsecretary, by writ issued by thespeaker 217

Suoh writs to be in the governor’snameand under the speaker’sseal, 217

Sheriff to endorsedate of its receiptupon writ for 217

To give public notice of time andplace of 217

Manner of giving notice 217Return of, how made 217Hours for holding 217

JILBCTIONS FOR MEMBERS OF GEN-ERAL ASSEMBLY.

To be held annually on Octoberfirst, 212Bxoeptlon 218Places for holding, designated 213Number to be electedfixed 213To be free and voluntary 213Penalty for illegal voting at 214Penalty for bribery at 214Penalty for offering to servefor less

than the law allows 214Application of penalties 214Who shall conduct 214Mannerof voting at 214-15In caseof illiterate voter 215Not to bedelayedor adjournedto an-

other place 215To continue from day to day until

all the eieotors present have votedand no longer 215

Who shall opentheballot boxes 215Manner of counting the votes 216How the result shall be announced,.216Fraudulentballots to be rejected 216Certificate of eieotion to be made in

duplicate 2f 6To be sealedby the sheriff or judges

of, &o 216Onecertificate of, to be presentedby

the sheriff or his deputy to the gov-ernor andthe other to theassembly,216

Page.

Index.Page.

ELECTIONS, &o.—Coritinued,Time for such presentation 216Such certificates to be deemed the

sheriff’s return of 216Hours for holding 217Freemennot to be disturbedat 217-18

ELECTIONS OF COUNTY ASSESSORS.None but freeholderseligible 35Time of holding, fixed 35Certificate of election to be attested

and deliveredto sheriff 35Certifloate to be enteredon recordsof

county court 35

ELECTORS,

Qualifications ofPenalty for bribery

ELECTORS OF MEMBERS OF ASSEM-BLY.

Qualifications of 25, 211Penaltyfor bribery 25, 214Penalty for illegal voting 214Application of penalties 214Manner of voting 215Manner of voting in caseof illiter-

ates 215May be requiredto take an affirma-

tion asto their qualifications 215Guilty of making false affirmation to

be punished as for perjury underthe laws of England 215

Subornation of perjury by, to bepun-ished in like manner 215

ELEG.ZT, WRIT OF. See Bxeoution.

EMBEZZLEMENT.

Punishmentfor, of certain written in-struments 16

EMPLOYER AND EMPLOYEE.

When employer shall be liable foremployees’oounty poli tax 36

Employeeto repay employerby workor otherwise 36

ENGINES. See Fire Engines. -

ENLISTMENTS, SeeMilitia Laws.

ENROLLMENT OFFICE. SeeRecorderof Deeds.

599Pegs.

ENROLLMENTS. SeeRecordingof Deeds.Punishmentfor falsifying 16

EQUITY.

To beadministeredby county courts, 114Appeals in, to be heard in supreme

court 134Cognizabie in county courts 149-50Proceedingsin, how conducted 150Decreesof supremeoourt in, to be en-

forced by imprisonmentor seques-tration of lands 151

When judges of the supremecourt tohold court of 306

EquItable jurisdiction of justices ofthe supremecourt regulated 307

Court of, in common pleascourts es-tablished 328

Their terms and jurisdiction prescrib-ed 328

Processfrom commonpleascourt sit-ting in, to issueto other countIes,.. 328

Practicein court of common pleasin,to be like that In the high court ofchanoery In GreatBritain 328

Courts of, to have no jurisdiction ifremedyexistsat law 329

Courts of, to order mattersof fact tobe tried at law 329

Appeals in, casesregulated 329

EQUITY OF REDEMPTION. See Mort-

gages.

ERROR,ASSIGNMENT OF.

To be presentedwith writs of errorto county court 152

ERROR,WRITS OF.

To beissuedby the governorfrom de-cisIon of county court 151, 153

To beunder thelesserseal of the pro-vince 151

To commandthecounty oourt to sendup record 152

To be presentedto county court to-getherwith assignmentsof error,.. 152

To he allowed to party grieved by thedisprovalor annulmentwithin sevenyearsby the properoffloer or by theproductionof a later will or codicil

2525

to a will In writing 195

óoo Index.Pegs.

ERROR, WRITS OF.—Continued.Juriediotion of judges of supreme

court to issue 301Amount in controversymust exceed

ten pounds,with certain exceptions,before suchwrIt will issue 306

To supremecourt from the courts ofquarter-sessionsand oyer and tsr-miner regulated 314

In felonies punishableby death, notto justify releaseon bail 314

How transcript of record of lowercourt in Philadelphia county to bemade up in, in certain criminalcases 314

To avoid judgment regulated, andmethod of appealprescribed 819

When executoror administratorneednot give bail on appeal 319

Bail in writs of error regulated 319Bail on appealnot demandablein cer-

tain oases 319When omissions within the statutes

of jeofails not to warrant reversal, 320

ERRORSAND APPEALS.

Reversalof the judgment of foreolo-sure for error not to require a re-turn of the land, but mereiy restitu-tion of its price at sheriff’s sale, ... 249

ESCHEAT.Personaltyof intestateswithout heirs

to, to proprietary 33Heirs may recover personalty within

seven years 202Realty of intestateewithout known

kindred to, to the immediate land-

lord 205Pereonalty of intestates without

known kindred to, to the proprie-tary 205

Also realty after twenty-oneyears,.. 206

ESSOIN.

Not allowed, ..60, 82, 207, 289, 348, 230, 370,885, 411, 429, 431, 482, 440

ESTATES TAIL.

To be barred by deed 208Effect of properly recorded deed in

docking and barring 851

Pegs.ESTIMATES. SeeCity Estimates;Coun-

ty Estimates.

EVIDENCE. SeeOaths;Attest; Affirma-tion.

Exemplification of writings recordedIn rolls office to be 21

Given under oath, to be as valid asIf given under attest 42

RegIstersof births, marriagesor bu--rials kept by any religious societiesto be aliowed as 91

Persons sued under provincial taxacts may give the act and specialmatter in 118, 117, 882

When, in action of debt shall beready 130

What shah be, of fornication 181What shall be, of a putative father,... 181What shall be, of adultery by a mar-

ried woman 181What shall be, of adultery In theab-

senceof her husband 181What shall he sufficient, to convict of

riotous sports 186

Administrators’ bonds pleadable Incourt as 200

In action for reoovery of proprietaryquit-rents from person claiming tohave paid or given seourity for thesamebut unable to produceproof,what shall be admitted as 226

Powerof attorneyfrom foreign ownerto domesticagent when exemplifiedto be admissiblein 255

How suchpowers of attorney mustbeexemplified 255

Regulations of form of oath to betaken by witnesseswith religiousscruples 268

Aotion of judge in adminIsterInganoath not to be deemedthe not ofthe court but to be valid 271

Depositions or affirmations of wit-nessesabout to leave the province,

- or preventedby sicknessfrom testi-fying, to be taken after notice toadverseparties 271

Depositions taken without cross-ex-amination, where adverse partyfails to appear,made good 271

Index. 6oiPage.

EVIDENCE.—Continued.Subpoenasto witnessesin othercoun-

ties to issue in certain criminalcases 313

When jury may view premises incontroversy as 316

When exemplifications shall be asvalid as the original deed 352

Form of atteston giving 356Upon attest, to be of as full force as

if given upon oath 356Pleasallowed and admissible in un-

lawful suits to collect taxes 398Mannerof giving 426

EXCHANGE, BILLS OF.Drawer or endorserof, on England,

liable for contentsof protestedbillplus twenty per cent 36

EXCISE. See Taxes; Internal Revenue;Liquors; License.

EXECUTION. See Goods and Chattels;Attachment;Deeds;Extent; Justicesofthe Peace; Landlord and Tenant;Sheriffs.

To be issued,upon judgment,againstrealty where personalty Is insuffi-cient 53, 244

Creditor may take only so much ofappraisedlandas maybenecessary, 54

Homesteadto he taken last 54To issue In open court upon judgment

for debt 130How directed 130Effect therecf 130To be awarded by judges of county

courts In casesbetweenmerchantsand seamenas upon judgment atcommon law 149

When superseded 153To stayIn interim of appealto Crown

from supremecourt 153Form of writs of 156To be awardedupon attachmentfor

debt under forty shillings againstabsentees 160

Such to be executedby constable, ... 160To issue against goods and chattels,

or for want thereofagalnstthebcdy,Of a personrefusing to comply withjudgment In action of debt underforty shillings 189

Page.

EXECUTION.—Continued.

To issue upon judgment by defaultagainst a non-residentfor arrearsof proprietary quit-rents or fortaxes 227

To be issuedfor valueof goods foundto be in the handsof garnisheehutnot producedby him 232

To beleviedon real andpersonalpro-perty of garnishee 232

Writ of, to be Issued against plain-tiff found by jury to be inddbted todefendant 241

Writ of, to be granted for amountawardedby arbitrators of accountsand approvedby the court Z42

Lands liable to, for paymentof debtswhere no sufficient personal estatecan be found 244

Lands not liable if yearlyprofits forseven years will satisfy debit andcosts 244

Disposition to be made of lands ex-posedto salebut not sold 245

Sheriff to furnish and post hand-billscontaining noticesof sale 245

If additional debtsare recoveredbe-fore extent be out, which, with bal-ance due upon such extent, cannotbe satisfied by profits, lands to hesold 245.

If Inquest finds profits insufficient,sheriff to so return, and lands to hesold 245

All other realty of debtor also liableto 245

Sheriff to certify insufficiencyof landsliable to sale for debtswhich areex-tended 245

When iandsunsold for want of buy-ers, liberari fac�asto Issue, andlands sufficient to satisfy debt tobe given to creditor 246

Creditor to have, for residue againstdebtor’s body, landsor goods 246

Purchasersto acquire and peaceablyhold the debtor’s title for like es-tate and tenure 246

Debtor’s homesteadnot to be solduntil one year after judgment, sothat he mayredeemIf possible 246

Index.Page.

EXECUTION.—Continued,

Recital showing necessityfor statuteregulating the foreclosureof mort-gages 246

Default in payment of mortgage, ornon-compliancewith any of the con-ditions therein, and continuing fortwelve months, to authorize fore-closure 247

Proceedings of foreclosure to beginby writ of wire facias 247

Procedure under foreclosure wheredefendant appears or fails to ap-pear, regulated 247

Pleas permissible to the defendantafter appearancein foreclosurepro-ceedings 247

Notice of foreclosuresalesto be pub-lished as in executionagainstotherlandsfor the paymentof debts 248

Overplus derived from foreclosuresalesto belong to the debtor or de-fendant 248

Where defendant in foreclosurepro-ceedingsfails to appear, judgmentto be renderedupon .wirefacias in-questto be appointedand executionby levari facias to follow, and pro-perty to be sold 248

Subsequentprocedure on foreclosureand sale of land made similar toothersalesof land for the paymentof debts 248

Purchasers of land at toreclosuresales to hold for the estateof themortgagor, and dischargedof theequity of redemption and all otherincumbrances 248

After paymentof overplus to defend-ant in foreclosure proceedings,sheriff entitled to be discharged 248

Sale of land on foreclosure not tocreate any further term or estatethan as provided in the mortgage

deed 249Reversalof the judgment of foreclos-

ure for error not to requirea returnof the land, but merely restitutionof its price at sheriff’s sale 249

To issueupon judgment, andpracticeto follow that of GreatBritain, ... 325

Page.

EXECUTION.—Continued.

Upon judgment to be by capias actsatisfaciendum, elegit and lesarior fieri fades 325

Whenand how alias writ of executionto issue 325

How to issue where person or goodslie or are hidden in anothercounty, 325

Sheriff of other county to makeproper return in such casesor beiiabie 325

Costs of alias, to be first deducted,..326Costsof alias, how awarded 326Fraudulent conveyances~y debtors

not to prevent 326Debtors making frañdulent convey:

ancesto bepunishedas provided bylaws of Great Britain 126

Statutesof Great Britain prohibitingfraudulent conveyancesto be en-forced in Pennsylvania 326

Levy of taxesby distraint upon goodsor person of taxpayer regulated,... 379

EXECUTION AGAINST PERSON OFDEBTOR.

To issue, upon judgment for debtunder forty shillings against goodsand chattels or for want of suchamongpersonof defendant 44

To he issued for want of goods andchattels in a defaulting special pro-vincial poll-tax payer 117

About to leaveprovinceto issue 249Debtor of known estatewhenarrested

to be imprisoned at his own chargeuntil security givei~ 249

Debtor not to be imprisoned longerthan secondday of next session,un-less shown that he conceals prop-erty 250

Debtor not concealingproperty andunable to pay to make satisfactionby servitude 250

Masters of vessels exempt from lia-bility to imprisonmentfor debt 250

Term of servitude for debtors 250Exception 250When creditor is to be ready with

declarationand furnish security,... 250

EXECUTION AGAINST THE PERSON.Supremecourt to enforce its decrees

6o2

in equity by 151

Index.Page.

EXECUTION OF DEEDS. See Deeds.

EXECUTION OF WRITS. See Service.

EXECUTION, STAY OF.Execution against homesteadstayed

for one yearafter judgment 53When to be ordered by county

court 152-58

EXECUTION, WRIT OF.When to be issuedagainstproperty of

garnisheein action of foreign at-tachment 28

EXECUTORS. See Decedents’ Estates;Wills.

To sell real and personal estate fordecedent’sdebts 31

Suchsaleswhenapprovedby court tobe conclusive 32

Liability of, for testators’ debtsduenon-residents 64

When liable to arrest 157Certified copiesof wills proved out of

this province to be as effectual asif the samewere probatedhere 195.

Under such wills, enabled to bringsuit in this province in person orby attorney 195

When, or administrators need notgive bail on appeal 319

EXECUTORS AND ADMINISTRATORS.

Executorsof guardianor bailiff to beliable to action of account in thecourt of common pleas 827

EXEMPLIFICATIONS.Of deeds to be as valid as origin-als 21, 208, 352

How power of attorneyfrom non-resi-dent owner to domesticagent con-veying lands in the province mustbe exemplified 255

From the recorder of deeds’ office,fees for regulated 349

Penalty for overchargingApplication of penalty 849

EXEMPTION. SeeTaxes; Imprisonmentfor Debt; Homestead;Arrest.

Contenements,merchandiseand wain-ageexempt from fines 44

From arrestfor debt prior to trial, ... 130

EXEMPTION.—Continued.

Of membersof council and assembly,130

EXILE. See Banishment.

EXPORTS. See Deer Skins; Hides;Flour; Staves; Liquors; Slaves; Trade.

Rebateof fifty per cent to beallowedon spirits dutiable by the gallonexportedafter payment of duty 107

EXTENT.Lands not liable to sale for payment

of debtsif yearly profits for sevenyears wili pay debt and costs 244

F.

FACTORS. SeeAttorney-in-Fact.

FAITH.Profession of, subscribingj to anddeclaring

FALLS OF DELAWARE.Rates of ferriage regulated 76Regulationof ferry at 429-30

FALSE IMPRISONMENT.Any one subjectedto, to have double

damagesagainst informer or prose-cutor 100, 131, 243

FALSE NEWS, SPREADING.

Punishment for 15Among the Indians, punishment for,

to be by fine and imprisonment 229Application of penalty 229Personguilty of, among the Indians

not to be releasedfrom prison untilhe gives security for good beha-vior 229-30

D’ALSE WITNESS. SeePerjury.

FALSEHOOD. SeeLying.

Penalty for, in conversation 138

FALSIFYING ENROLLMENT, REC-ORDS, &c.

Punishmentfor 16

FAST DRIVING.

In the streetsof Philadelphiaforbid-den 419

Penalty for violation 419

Page.

Index.

Page.FEES. See Sheriff; Account, Action of.

For naturalization 30Of collectors of taxes 36Of county assessors 37Of appraisersof goods and chattels

taken in execution 46Of inspectorsof moneyweights regu-

lated 87Of provincial officers regulated, 137-39,331For payment of court officers not

otherwise provided for to be regu-lated by the judges 154

Of officers of the Orphans’ court tobe directedby the judgesthereof,... 158

To constable for securing attach-ment in action of debt under fortyshillings 160

To constablefor securingwrit of ex-ecution for debt under forty shil-lings 160

To be deductedby officers for collect-ing taxes 376

Table of, to be constantly exposedto public view in every office towhich they appertain 348

No, to be demandedwithout a billof particulars 348

Receipt for amount of, to be given,.. .348Penalty for neglect, refusal or over-

charging 348Penalty for secondgoffense 348Application of penalty 348Punishmentfor third offense 348

FEES OF REGISTER OF WILLS.

In filing accountsof orphans’or minorestates,regulated 157-58

FELONIES.

Only cognizabiein supremecourt, ... 149To be tried in supremecourt 149Processmay be servedon Sunday,... 176Punishableby deathnot bailable 243

J3’EME COVERT.Rights of, to land not to be prejudiced,122Rights of, not to be prejudiced by

deed to which sheis not a party, 209, 352Acknowledgmentof deed to beby sep-

arate examination 210Sevenyears’ quiet possessionof land

not to bar rights of 237

Page.

FENCES. See Firing of Woods; Swine.

Grain (corn) fields and inclosures tobe fenced 70-1

To be at least five feethigh and closeat bottom 71

Damagesto be allowedfor injuries in-flicted in driving cattle from in-sufficiently inclosed grain fields orinclosures 71

Swine running at large contrary tomw excepted 71

Owner of trespassingcattle to be lia-ble for damagedonein âasewhere,are in accordancewith law 71

County court to appoint two viewersto determine sufficiency of, uponclaim for damages 71

To be repaired upon notice fromcounty viewers 72

FENCES, PARTITION,

Defined 71Cost of erection and maintenanceto

be borneequally 71County viewersof fencesto apportion

the cost or order repairs of, incaseof dispute, without appeal, ... 71

To notify owners 72In caseof refusal to pay the moiety

of cost to be collected by distressand sale of goodsand chattels 72

In caseof neglect (after notice) to re-pair, two justices of the peace toorder personinjured to repair 72

Person so ordered to be reimbursedby distress and sale upon delin-quent’s goods and chattels 72

FERRIES.All, to be free to mail carriers 59

Penalty for refusing or delayingmailcarriers at 59

One to be establishedover NeshaminyCreek 76

In caseof refusal by inhabitants tokeep suchferry, any onemay do soon certain conditions 76

Ratesof, over Delaware and Scbuyl-kill Rivers regulated 76

Rates of, over Neshaminy, Brandy-wine and Christiana Creeks regu-lated 77

Index. 6o~Page.

FERRIES—Continued.

OverDelaware River and NeshaminyCreek 429

FERRY, LOWER.OverSchuylkili River regulated 428Benjamin Chambersmadeferryman, 428All personsforbidden to maintain a

ferry within one mile of 428

FERRYMEN.

Penalty for, refusing or delaying toconvey mail carriersand horses, ... 59

Penalty recoverableby bill, plaint orinformation 60

Penalty for neglect of duty 431Substituted, to havea houseandone-

half acreof landat placesappointedfor ferries 432

Ratesof compensationtherefor to bepaid by substituted, determinableby county court 432

FINES.

All, to be moderafe 44Contenements,merchandiseand wain-

age exemptedfrom 44Not otherwise disposedof by law to

estreat to proprietary and gover-nor 83

To be levied by sheriff upon writs ofdistressand sale from one or morejustices of the peace 83

To be paid to provincial treasurer,.. 83

FINES NOT EXCEEDING TWENTYSHILLINGS.

To be determinedby one justice ofthe peace 19

Recoverable by levy upon warrantfrom said justice 19

FIRE.Firing chimneys,penalty for 163Swabsand bucketsto be provided by

householders 163Penalty for negi,ect 163Hooks to be provided by justices of

Philadelphia 163

FIRE BUCKETS.Penalty for householdersin certain

places neglecting to procure andkeep 68

Page.

FIRE BUCKETS.—Continued.

To be purchasedin Philadelphiawiththe fines for smoking in the streetsand other violations of this act 63

To be purchased in certain townswith fines for violations of this act, 68

FIRE ENGINES.

To be purchasedin Philadelphia outof fines for smoking in the streetsand other violations of this act, ... 68

To be purchasedin certain towns withfines for violation of this act 63

FIRE, PROTECTION AGAINST. SeeBristol, Philadelphia, Germantown,Darby, Chester,Newcastle and Lewes.

FIREWOOD. SeeTrees.

FIREWORKS.

Penalty for setting off 186Punishmentfor non-paymentof pen-

alty 186Sale or manufactureof, forbidden 362Penalty for sale,manufacture,gift or

exportation of 369Setting off, in certain places to be

deemeda nuisance 362Penalty for permitting, to be set off

in certain places 362Penalty for aiding and abetting or

settingoff in certain places 363Saidpenaltiesto be levied by distress

and sale of goods and chattels ofoffenders 363


FIRING OF GUNS.All personsforbidden,in Philadelphia

without license 420Penalty for violation 420

FIRING OF WOODS, STACKS, RICKS,FENCES OR VESSELS.

Punishmentfor willful 12

FIRING WOODS OR MARSHES.

Persons,exceptduringMarchor Apriiliable for any damages arisingtherefrom 76

FIRST BORN. SeePrimogeniture.

FIRST DAY. SeeSunday.

6o6 Index.

FLOUR. SeeCask.Page.

How taxes may be paid in mer-chantable 390

FLOUR FOR EXPORTATION.To be well madeand truly packed,... 96Penalty for false packing 96To have bolter’s brand before expor-

tation 96Penalty for neglect 90

FORCIBLE ENTRY.DefinedPunishmentfor

FORDS. SeeHighways.

FORECLOSUREOF MORTGAGES. SeeMortgages.

FOREIGN ATTACHMENT.Writ of, to be grantedby justices of

the county court 27Writ of, to beservedby sheriff orcor-

oner 27What shall be liable to 27Return of writ of, to be made to

next court 27, 231When judgmentmay be given in 27Parties defendant to writ of, de-

fined 28, 232Defendantand garnisheeto appearin

court on return of writ of 28Mannerof serving writ of 28Defendant may put in bail at any

time before payment to plaintiffin 28, 232

Effect of serviceof writ of 28Attachment vacated by garnishee’s

giving bail 28Duty of officer after serving writ of, 28When jury shall find for plaintiff 28Real estatenot to be taken in, when

party shows goods,&c 29Dwelling house to be last taken in,.. 29Who shall be liable to 29When plaintiff shall entersecurity to

refund 29Judges of county courts to issue

writs of 231Sheriff or coroner to servewrits of,... 231To be tried at next court 231Judgmentto be given at third court

held after seizure 231

Page.

FOREIGN ATTACHMENT.—Continued.

Garnishee compensatedfor his ap-pearance 232

Manner of executingwrits of 232Money, goods or effects attached to

remain in the officer’s power untiljudgment be given, 232

Unless the garnishee give securitytherefor 232

Garnishee discharged by defendantgiving bail 232

Garnisheepleading no goods in hispossessionand the contrary beingproved, jury to~flndfor the plaintiffandjudgment to beentered 232

A precept to be Issued requiring thesheriff to get ‘the goods, &c., ap-praised 232

In caseof garnishee’sthenrefusing toproducethe goods, &c., executiontoissue against the rear and personalproperty of garnishee 232

Plaintiff having obtained judgmentand execution, to give security be-fore sale to restore the goods ortheir value wholly or in part if thedefendantwithin a year and s daydisprovethe debt or part of it 283

FOREIGN ATTACHMENT, GARNISHEEIN.

Defined 28To appearin court at return of writ

of 28To answerin action of 28To be allowed costs for appearance,..28May give bail for goods attached 28Dischargedby defendant’sgiving se-

curity 28When appraisementof goods in gar-

nishee’shandsis to be ordered 28What shall be doneif garni~heeplead

“no goods” and the contrary beproved 28

When garnishee’s property may belevied upon,’ 28

FORFEITURE.

Smuggledmerci~andise,liquors retail-edwithout a licenseor without pay-ment of internal revenueduty, lia-ble to 108

1313

Index. 607Page.

FORFEITURE.—Continued.

Goods of persons trading illegallywith theIndians liable to, . .14G. 230, 367

Application of 230, 367-68Application of forfeiture of estateof

one convicted of manslaughter 172Any one compoundinglarceny to for-

feit twice the amount agreed foror received 175

Single man guilty of rape to forfeitentire estate 178

Married man guilty of rapeto forfeitone-third of estate 178

Application of forfeitures 178Of estatepart punishmentfor arson,.184To be to the behoof of the Injured

party 184

FORFEITURE OF ESTATE.

For rape 7Partial, for incest 8For arson, 12, 184For murder or being accessarythere-

to 14Partial, for plotting or conspiring

againstproprietary and governor,.. 52For murder; manslaughter; chance-

medley; homicide 172Application of forfeiture 172

FORGERY.

Of charters, deeds,bonds, bills, willsor contracts,punishment for, .16, 17, 240


FORNICATION. See Incest.

Punishmentfor 6Punishmentfor, by whipping or fine

at the election of the convict 180Application of fine 180Single women having a child to be

sufficient proof of 181What evidenceshall convict reputed

father of 181

FOUNDATIONS.

Of buildings not to be laid in Phila-delphia without the concurrenceofthe surveyors of buildings or regu-lators 368

FRANKFORD. Page.Rate for issuanceof license for pub-

lic inn, &c 358

FRAUDULENT CONVEYANCES.

By debtors not to preventexecution, 326Debtors making, to be punished as

provided by laws of GreatBritain, 326

FRAUDULENTLY TAKING. See Lar-ceny.

FREEHOLDERS.

None but, eligible for election to gen-eral assembly 25

Nonebut,eligible to be electedcountyassessors 35

Six, required to attest certificate ofelection of county assessors 35

Six, to be summoned by the justicesappointed to hold a court for thetrial of negroes,to assisttherein,.77, 234

To be attested 78, 234Penalty for neglectof duty 235Four,in everycounty to besummoned

to form a board of provincial taxassessors 112

Penalty for refusing or neglecting toserve 112

Not less thanfour, in every countytobe summoned to form a board ofspecial provincial tax assessors 115

Penalty for refusing or neglectingtoserve 116

FREEMEN.

Privileges of 18, 359Who shall be assessedper poll for

county taxes 35To repay employer or owner of his

place of habitation for county polltax paid by either for him 36

Single, over twenty-one, and out ofapprenticeship more than sixmonthsand not owning fifty poundsworth of property, to be taxed eightshillings 374

Taxes to be collectedat the placeofresidencewhen levy made, but war-rant for delinquent to extendthrough the province 379

FRANCHISE, See Electors; Disfran-chisement.

6o8 Index.

FREEMEN—Continued.Page.

Single, over twenty-one, and out ofapprenticeshipfor six months, notowning property worth more thanfifty pounds, to pay tax of twentyshillings, 389

Penaltiesprescribedfor non-paymentof taxes assessedand how collect-able 394

Residence of, not freeholders andhired servants at time .of levy oftaxes to be the place where theyare collectable,and processfor col-lecting sameto extendthroughpro-vince if necessary 395

FRIENDS.

Regulation of form of oath to betaken by public officers and wit-nesseswith religious scruples 268

FUGITIVE INDIAN SLAVES. SeeSlaves,Indian.

FUGITIVES. SeeDebt.

FUNDS, COUNTY. See Taxes.

FUNERAL EXPENSES.

To be paid first in settlementof de-cedents’ estates 32

G.

GAGGING AND STANDING IN A PUB-LIC PLACE.

Alternate punishmentfor scolding orbeing clamorouswith the tongue,.. 85

GAMES.Punishmentfor 5Riotous, punished 186Certain,prohibited under penalty 360

GAMES NOW INVENTED OR TO BEINVENTED.

Penalty for public housekeeperper-mitting playing 186


GAMES OF CHANCE.

GAMING HOUSE.Page,

Penalty for keepingor keeperof, lia-ble to arrestand imprisonment tillhe find security 187

GAOL DELIVERY. SeeJail.

To be justices of the county courts,.. 149Except in casesof felony 149

GAOLS.

To he delivered by judges of thecounty courts 149

Except in casesof felony 149

GARNISHEE.

Defined 232To attend and answer at return of

writ of attachment 232To be compensatedfor attendance,..282Giving security, the goods, &c., at-

tachedto be released 232Discharged upon defendant’sputting

in bail before sale of goods, &c.,... 232Pleadingno goods, &c., in his posses-

sion and the contrary beingproved,jury to find for the plaintiff andjudgment to be entered 232

Refusingto producegoodsso found tobe in his hands,his real and per-sonal estateto be levied on 232

GARNISHEE IN FOREIGN ATTACH-MENT. See Foreign Attachment.

GENERAL ASSEMBLY. See Elections;Bribery.

Number to be electedyearly in eachcounty 24

Who shall be eligible 25Personsoffering a bribe or to serve

fnr less than legal allowance dis-

qualified 25To be sole judge of theelection of its

members 25Absenceto be punishedby fine 25Power to excuse 25Vacancies by death or Incapacity,

how to be filled 25Pay of members 26Mileage aliowed members 26Members of, exempt from service of

process for debt during certainperiods 130

Punishmentfor engagingin 5

Index. 609

GENERAL ASSEMBLY.—Continued.To be chosenon the first of October,212Number to be chosen for the city of

Philadelphia and each of the coun-‘ties 213

To meet in Philadelphia on Octoberfourteenthyearly 213

Exception 213Unlessanotherplacebe designatedby

the governor and council 213Who shall be eligible 213

Penalty for offering to serve in, forless than the law allows 214

Application of penalty 214Persons returned by the sheriff as

elected members of, to yield theirattendance 216

Penalty for membersabsentingthem-selves 216

Unlesstheir excusebeallowed by the, 216Application of penaity 216Vacanciesin, how to be filled 217To choose a speaker and other offi-

cers 218To be judgesof thequalifications and

elections of their own members,...218

To sit on their own adjournment 218Other powers and privileges of the,. 218Jn caseof any county failing to elect

membersof, or if the personchosenwill not sit, the otherslegally chosenand met, if two-thirds of the whole,shall be the 218-19

No person to sit in the, until he hastaken certain attests 219

Form of the attestprescribed 219-20Time for taking the same 220Business‘to be suspendedduring at-

testation of members, 220Attest to be recordedby the clerk of

the 220Mannerof taking attestsby members

of the 220No person duly elected and willing

to take the prescribed attests tobedeniedhis seatin the 220

Personsnot legally electedor expelledor suspendedfor causeexcepted 220

Compensationof speakerand mem-bers of the 221

Rate of mileagefixed 221

Page.

GENERAL ASSEMBLY.—Continued,Governor and council to submit re-

ports of treaties with and messa-ges to ‘the Indians and expensesthereof when calied upon by the,... 230

Members of governor’s council andof, exempted from arrest and im-prisonment for debt during a limi-ted time 250

Members of, with religious scruples,may takea prescribedform of oathof office 267

How to receive its share of certaintaxes 290

To receive a certain proportion oftaxes collected 381

How amountsraised by taxation areto be appropriated 396

What notice or certificatesof servicemembers must produce to securetheir salaries 410

Money due for servicesin assembly,or other public service, may be setoff against county taxes 411

Pay of assemblymenfrom Philadel-phia to be borne by inhabitantsofthe city equally with those of thecounty 418

GERMANTOWN.All persons forbidden to “fire their

chimneys” or to allow them to be-come inflammably foul 67, 163

Penalty for violation 67, 163Every owneror tenantof a dweliing

house to keep a swab of certainlength andtwo leatherbuckets, ... 67-8

Penalty for neglect 68Application of penalties 163Rate for issuanceof license for pub-

lic inn, &c 358

GIFTS. SeeDeeds;Fraudulent Convey-ances;Land.

GOATS.

When damagesmay be recoveredfrom owner of trespassing 71

When damages may be recoveredby owner of trespassing,for injurythereto 71

Owner of “unruly,” to preventtres-pass 71

Page.

610 Index.Page.

GOODS. SeeGoods and Chattels.

Of persons laboring or transactingworldly business on Sunday liableto distress and sale for ‘their pen-alty 176

Of person refusing to comply withjudgment In casesof debt underforty shillings liable to be taken inexecution 189

GOODS AND CHATTELS.

To be levied on for fines not exceed-ing twenty shillings 19

Liable to foreign attachment 27To be garnisheedin action of foreign

attachment 28Of garnisheein action of foreign at-

tachment. When liable to be leviedupon, 28

Of defaulting taxpayer (as wellthose liable for freemen’s poll taxas all others)subjectto distressandsale 36

Of a justice of the peaceneglectingtoattend the court to which he be-longs, liable to distressand sale forpenalty 42

Liable to execution under judgmentfor debt under forty shillings 44

To beappraisedby not less than twoof threepersonsappointedby coun-ty court 46

Not to be sold till seven days afterappraisement 46

Not to be sold for less than appraise-ment 46

All salesto be public 46Surplus to be returned to owner 46

If not sold to be taken by creditor atappraisement 46

Creditor receivingat appraisementtoreturn surplus to owner 46 I

Nuncupative wills required to beproved within six months of teeta-tore death to validate bequests,... 48

Of defaulting payer of certain cityand town taxes liable to distress

and sale 66Liable to distress and sale for cost

of repairing partition fence 72

Page.

I GOODS AND CHATTELS.—Continued.Of sheriff liable to distress and sale

for fines for neglecting to executesentence of court for trial of ne-groes 78

Of masteror owner liable to distressandsale for satisfactionfor larcenycommitted by negro servant orslave 79

Of defaulting provincial taxpayersubject to distress and sale 112

Of defaulting special provincial tax-payersubject to distressand sale,.. 116

Of garnisheefound by a jury to haveproperty of defendant in attach-ment and refusing to produce it,liable to be leviedon 232

Of non-residentsliable to foreign at-tachment 233

Of personsaboutto leavetheprovincewho refuseto give security for debt,&c., before departure liable to do-mestic attachment 233

Attached,to remainin officer’s poweruntil judgment, garnisheegiving se-curity therefor 233

Of master or owner of negro guiltyof robbery or larceny liable to dis-tress and sale for satisfaction ofparty wronged 235

Liable to distress and for non-pay-ment of poor rates 252

Of delinquent taxpayer liable to die-‘tress and sale 416

Of delinquent collector liable to dis-tress and sale 418

GOVERNMENT. See Government ofNewcastle,Kent and Sussexupon teia-ware.

In caseof the death,incapacityor ab-senceof the lieutenant-governorthesenior or other counoilor to act inhis place 190

Continuity of administration of 437

GOVERNMENT OF NEWCASTLE,KENT AND SUSSEX UPON DELA-WARE.

Time fog conetableeto preparetax listfor assessors 36

All acts passedNovember27, 1700, andOctober, 1701, apply equally to the, 36

Index. 6i i

Page.GOVERNMENT OF NEWCASTLE, &c.

—Continued.

Opening of highways in, regulated,.. 69Fencesin, regulated 71Bridges on highways in, regulated,.. 73Departers out of, regulated 83Ill-wrought or ill-tanned leather not

legally stamped offered to a shoe-makerandboots madethereof to beseizedand forfeited 90

Swine illegally runningat large with-in certainparts of, to be forfeited,. 93

Tariff and internal revenue in, regu-lated 108

Amount of special provincial tax tobe raised in eachof the threecoun-ties of the 114

Merchantablecountry producemadelegal tender in the, except wherecontract calls for paymentin coin,.. 126

GOVERNOR. SeeGovernorandCouncil;Lieutenant-Governor;Magistrate.

To issue writ of election to fill va-cancy in generalassembly 25-6

One-half of penalty for selling adul-teratedliquors to estreat 84

To appoint sealer and searcher ofleather 90

To appoint judges of the supremecourt 106, 134, 150

Empoweredto appoint supremecourtjudges 106, 150

Two-thirds of penalty for retailing li-quor without a license to estreatto, 107

Duty on spirits retailedto be paid tothe 108

To commissionjusticesto hold countycourt 148

To notify supremecourt of occasionfor sittings in certain counties 151

To grant writs of error 153To grant writs of habeascorpus 153To grant all remedialwrits 153To grant b divorce for incestuous

marriage 179To grant injured husbandor wife a

divorce for adultery 180To grant divorce for bigamy 183Time of application limited 183To grant divorce a mensa et fhoro

for sodomyor buggery 184

39—I

Page.

GOVERNOR.—Continued.Time of application limited 184To appoint register-general 196To issue licenseto Indian traders 230Cost of license limited 230Not to refuselicense to any natural-

born subjectof Englandwho givessecurity 230

To appoint two justices of the peaceto hold special court for the trialof negroes 234

Duty in levying certain arrears ofproprietary taxes 265

License fees payableto the, and hisofficers for authority to sell liquorsregulated 291

Feesfor issuing marine passesandbills of health and ship registersof,regulated 347

Fees of, regulated 347Table of feesto be constantlyexposed

to public view in his office 348No feesto be demandedwithout a bill



charging 348Penalty for secondoffense 348Application of penalty 848Punishmentfor third of~nse 848

N. B.—The last seemsto be ul�ravires.

To license Indian traders 367All estatesreal and personal,except-

ing those of proprietary and hislieutenant-governor, to be taxedtwo pence for every pound of theclear value thereof 374

To receivea proportion of taxes col-lected for support of the govern-ment 381

Certain of his expensesto be paid bymoney collectedfor taxes 381

His duty prescribed in connectionwith compensation to masterswhoseapprenticesor servantshaverun awayor enlisted 398

GOVERNOR AND COUNCIL.

To ainerce for counterfeiting greatseal 17

Index.Page.

GOVERNOR, &c.—Continued.To appoint supervisors of streets,

landings and water courses incitiesandtowns 65

Discretionary power of, asto numberof supervisors 65

To approve assessmentby supervi-sorsof streets,&o 65

To order king’s highways or publicroadsto be laid out 68

Return to be recorded in councilbook 69

To determine where Inter-countybridges shall be built on highways(main roads) 73

To contract with builders for inter-county bridges 73

To certify costto county courts 73To order erection and maintenance

of cart bridges on highways (mainroads) over mill races 74

To fine sheriff for neglect to executesentencesof court for trial of ne-groes 78

To Issue license to unhealthyvesselsor vesselsfrom unhealthyplacestoland at Philadelphia 80

TO ‘provide suitable accommodationfor passengers or cargo landedunder such license 80

To appoint sealer of weights andmeasuresin each county 89

Discretionary power to reward per-sonsapprehendingtraveling pirates,102

To fill vacancy by death in office ofprovincial treasurer 111

To fine justices of the peace,asses-sors, county clerks or provincialtreasurerfor refusal to perform orneglect of duty under the provincialtax act 112

To fill vacanciesin the assessorsorcollectors of the provincial tax, ... 112

Application of penalty 112To fine assessors,county clerks or

receivers of special provincial taxfor refusal to perform or neglectof duty 116

To appoint assessorsor collectors ofspecial provincial tax upon refusalor neglect by previously appointedofficers 116

Page.

GOVERNOR, &c.—Continued.

When to order bridge over ChesterCreek to be pulled down 125

Upon appeal no member to sit injudgment upon his own case 137

To hold treatieswith and send mes-sagesto the Indians 210

To draw warrants upon provincialtreasurerfor the expensethereof,.. 239

Such expendituresnot to exceedfiftypounds per annum 230

To submit reports 230To make rules for the governmentof

Indian traders 230Empowered to fine justices of the

peaceand freeholdersfor neglectofduty in the court for the trial ofnegroes 235

To dispose of illegally Imported In-dian slaves as they see fit 237

To make treatieswith the Indians, .. 366Expensenot exceeding•fifty pounds

per annumto be borne by the pro-vince 866

To make ‘rules governingIndian tra-ders 167

GOVERNOR AND COUNCIL, DISCRE-TIONARY POWER OP.

To amerce for counterfeiting thegreator privy seals 17

To fine for counterfeiting the greator privy seals 17

To punish sheriff misbehavingin con-ducting an election to fill vacancyin generalassembly 26

As to application of penalties underprovincial tax act 112

GOVERNOR-IN-CHIEF.Exempt from Impost 439

GOVERNOR, LIEUTENANT, SeeLieu-tenant-Governor.

GOVERNOR QR LIEUTENANT-GOV-ERNOR.

To license Inns, taverns, alehouses,victualing houses and publichouses 94

Index. 613Page.

GOVERNOR’S COUNCIL.Seniormemberof the, in caseof the

death, incapaoity or absenceof thelieutenant-governor to act In hisplace 190, 437

Or such other member as may bechosenby him andfive othermem-bers 190

Such substituteto haveall the powerof a lieutenant-governor 190

Membersof, and of assemblyexemptfrom ‘arrest and imprisonment fordebt during a limited time 250

Members of, with religious scruples,may take a prescribedattestinsteadof oath of office 267

To meet at Philadelphia in case ofdisqualification or death of lieuten-ant-governor 437

GOVERNOR’S SECRETARY. See Clerkof the Council.

GRAND JURt See Oaths; Public Of-ficers; Jury.

Presentmentsto, limited 24To assist in calculating annual esti-

matesfor county taxes 35To assist in allowing debts due by

county 35When to act as county assessors 39Form of attest to be taken by 40To concur with county court in con-

tracts for building bridges 73With the justices of the peaceto act

as assessorsfor 1700 95Not to present anything legally de-

terminable by justices of thepeace,189To act with corporation as assessors,418To assist mayor, recorder and alder-

men in appointing assessorsuponthe failure to electby inhabitants,.. 418

GRAND JURY, FOREMAN OF. SeeOaths.

Form of attestto be taken by 41

GRAND LARCENY. SeeLarceny.

GRANTS. See Deeds; Lands.BouaJlde and for valuable considera-

tion, to be valid 192Certain Informalities in the verbiage

of, not to affecttheir validity 193Such, to he conclusive 193

Page.ORANTS.—Continued.

Unless claimant bring suit beforeOctober, 1710 194

GRAVELING OF STREETS. See Pay-ing.

GREAT BRITAIN.

Debtors making fraudulent convey-ancesto be punishedasprovided bylaws of 326

Statutes of, prohibiting fraudulentconveyancesto beenforcedin Penn-sylvania 326

GREAT SEAL.

Punishmentfor counterfeiting 17, 241To be affixed to letters patent of

naturalization 30To be attached to commissions tojudges of county courts 148


GUARDIAN AND WARD.

Guardianstc beconsultedbeforemar-riageof ward 21, 161

Permitted to representwardá in liti-gation 157

Guardians,when liable to arrest 157Guardiansor tutors 158Powersand duties of 157Receipts and payments made by

guardians or tutors to be binding(‘ft 158

Satisfaction by guardian to be ac-knowledged by minor upon matu-rity in court 158

Bonds given by guardians, tutors ortrusteesto the court to be canceledupon satisfaction being made tothe court by said persons, 153

Guardian to be liable to action ofaccountin commonpleascourts, ... 327

GUARDIANS, SeeGuardianand Ward.

GUNPOWDER.

Penalty for keeping more than sixpounds within forty perches of adwelling housein Philadelphia 63

Storage of, regulated 163Penalty for violation 163Application of penalty 163

index.

H.Page.

HABEAS CORPUS,WRITS OF.To be grantedby the governor 153Jurisdiction of judges of supreme

court to issue , 301

HALF-BARREL. See Cask.

HALF BOWLS.Penalty for public housekeepersper-

mitting playing 186Penalty for playing 186-87, 360

HARBORING AN ADULTERESS.

Punishmentfor 181

HARBORING AND CONCEALING ANUNMARRIED MOTHER.

Punishmentfor 6

HARBORING AND CONCEALING FU-GITIVE BOND SERVANT.

Penalty for 55

HARD LABOR.Imprisonmentat, punishmentfor va-

rious offenses,2, 3, 4, 5, 6, 9, 10, 14, 44,68, 82, 117, 120, 122, 123, 125, 172, 173,

178, 181, 184, 185, 240

HEALTH, BILL OP.

Certainvesselsrequired to have 80

HEALTHS-DRINKING.

Punishmentfor excessive 99Punishmentfor inciting to drunken-

ness by 185

HEIR AT LAW.Empoweredto pay off the widow’s

dower or Other children’s sharesinintestate’srealty to avoid partItion, 205

HIDES.Raw or tanned, exported to pay a

duty of two shillings and six penceper hide 107

HIGHWAYS. See Streets; O~qerseerofHighways.

To be clearedof tree stumpsor ob-structions 71

Entrancesor exits to and from fordson, to bemadesafe 71

Pag..HIGHWAYS, &c.—Continued.

County court to divide county Into,precincts

County court to annually appoint anoverseerof each precinct 74

Inhabitants of each precinct to workupon, as required upon six days’notice by overseer 74

Hours of -work regulated 74Penalty for refusal 74Penalty to be levied by distress and

sale, 74Application of penalty 74Allowance for, on resurveyof land,.. 120Manner of harnessing teams to

heavily ladenwagons,&c., in Phila-delphia county regulated 257

Penalty for violation 257Application of penalty , 257In grants hereafter made Six per

cent to be allowed for, andbarrenswithout liability to quit-rents 409

Raising money for building of, inPhiladelphia 41

HIGHWAYS (MAIN ROADS). SeeHigh-ways.

King’s highways or public roads tobe laid out by orderof thegovernorand council 68-9

Returns to be recorded In councilbook 69

So recordeddeclaredfree and open,.. 69Penalty for obstructing 70To be collected by distress and sale

of offender’s goods and chattels,... 70Application of penalty 70Bridges on King’s Highway between

certain points to be built withincounty by order of county courtand inter-county bridges by orderof governor andcouncil, 73

Cart bridges to be built and main-tained over, by order of the gov-ernor and council 73

Bridgesover existing mill-races to beat county’s expense, 74

Entrancesor exits to and from fordson, to be made safe 73

County court of Chester county tolay out a road from King’s High-way to ChesterTown 124

Index.

Page.HIGHWAYS (ROADS INTO MAIN

ROADS).

Complaint of want of, to be madeto county court 69

Judges of county court to appointsix viewers 69

Viewers to determinecomplaint 69Viewers to lay out roads and make

returns to nextcourt 69Breadth of, to be determined by

judges of county court 69Not to exceedfifty feet 69Return of viewers if approved by

court to be recorded and deemedconclusive 69

Roads so laid out declared free andopen 69

In case,acrossimproved land,countycourt to appoint jury of six to as-sessdamages 69

Damagesso assessedto be paid outof county funds 69

Penalty for obstructing 70To becollectedby distressand saleof

offenders’ goods and chattels 70Application of penalty 70Entrances and exits to and from

fords on, to be madesafe 73Bridgesover existingmill raceson, to

be at county’s expense 74Mill races crossing existing, to be

bridged at owners’ expense 74

HOGS. See Swine.

HOGSHEAD. See Cask.

HOMESTEAD,

Chief plantation or messuageto belast taken in execution 54

Of intestate to be last sold for pay-ment of debts,maintenance,&c., ofchildren, or improving residueof es-tate 203

Debtor’s, not to be sold until oneyear after judgment, so that hemayredeemif possible 246

HOMICIDE,

Punishment of accessariesto mur-der 14, 172

Murder defined 14, 172

Page.

HOMICIDE.—Contlnued.

Punishmentfor murder 14, 172Distribution of murderer’s estate 172Punishmentfor 172Accessaryto, punishmentof 172Killing peaceableIndian inhabitants

of the province, punishmentfor,,.. 229

HORSES.


When damages may be recoveredby owner of trespassing,for injurythereto 71


HOUSE OF REPRESENTATIVES. SeeGeneralAssembly.

HOUSEBREAKING.

Punishmentfor 11Punishmentfor, with feloniousIntent, 171

HOUSEHOLDER.

To keep a swab and leather bucketsin caseof fire 163


HUE AND CRY.

Suspectedpirates to be pursuedby,. 102

HUSBAND AND WIFE. SeeMarriage.Land conveyedby husbandwithout

consentof wife not liable for dower, 210Free consent of wife essential for

conveyanceof her realty 210

I.

IMMIGRANTS.

When unknownpersonssojourning orseekingemployment in any placeshall be arrested 102

Suchpersonsescapingto be pursued,.102

IMPARLANCE.

Not more than one allowed,.. 50, 64, 164,169, 181, 184, 190, 191, 194, 348, 373, 385,

411, 440

6i6 Index.Page.

IMPOST. See Tariff; Internal Revenue;Taxes.

IMPOUNDING.

Owners of swine permitting them torun at large without rings andyokes forfeit half the value there-of 261

Kinds of rings and yokes to be car-ried by swine running at large 261

Jurisdiction of justices of the peaceover swine running at large 262

Appraisers he appointed by justicesof the peace to value swine foundrunning at large 262

Owners of land where swine arefound running at large entitled tohalf their value 262

Hand-bills describing swine runningat large to be posted 262

Costs for posting hand-bills describ-ing swine running at large regu-lated 262

Balanceof value of swine found run-ning at large not claimed withina year go to the poor of the town-ship 263

Swine entirely prohibited from run-ning at large in the towns of Phila-delphia, Cheateror Bristol 263

Limits of the town of Bristol defined,263Penalty for failure to comply with

abovestatute 263

IMPRISONMENT. SeeBail.

Freemen not to he imprisoned ex-cept by the laws of this provinceor till tried by jury 18

Supreme court to enforce their de-creesupcn appealby 151

Partpunishment for burglary 173Freemenexempt from, except by act

of assemblyor till tried by jury, orby admiralty process 359

IMPRISONMENT FOR DEBT. SeeEx-ecution againstPersonof Defendant.

Body of person refusing to complywith judgment in cases of debtunder forty shillings, liable to betaken in execution for want ofgoods and chattels 189

Page.IMPRISONMENT, &c.—Continued.

Creditor causing arrest of debtorabout to leave the province, to beready with declarationthe next dayand to furnish security 249

Debtors of known estatewhen arrest-ed to be Imprisoned at their ownchargesuntil security given 249

When debtors becomeliable to 249

Debtor not to be imprisoned longerthan secondday of next session,un-less ahown that he conceala pro-perty 250

Debtor concealing property, unableto pay, to make satisfactionby ser-vitude 250

Term of servitude regulated 250Exception 250Master of vesselsexempt from li~-

bility ~o 250

Freehàldersnot liable to arrest un-less about to departfrom the pro-vince and refusing to give bail forappearanceor securIty for debt,... 250

Necessary averments by a creditorbeforewarrant of arrestwill issue,. 250

Except in specifiedinstances,all otheractions of debt to be commencedbysummons 250

Members of governor’s council andof assembly exempt from arrestand, during a limited time 250

When freeholder is and is not liableto arrestby capias in civil action,.. 320

Releaseof freeholderarreatedin civilaction on commonbail 323

Plaintiff’s evidenceto beheardbeforejudgment by default given 324

Levy of taxesby distraint upon per-son of taxpayer regulated 379

Of delinquent taxpayers in Philadel-phia, when to be enforced 416

IMPRISONMENT FOR LIFE.

Punishmentfor secondoffenceof bur-glary committed at night 173

Punishmentfor secondoffenseof rob-bery 175

Part punishmentfor bigamy,, 183

Index. 617

Page.IMPRISONMENT FORLIFE AT HARD

LABOR.

Part punishmentfor secondoffense ofrape 178

Part punishmentfor sodomy 183Part punishmentfor buggery 183To the behoof of the injured party,

part punishmentfor arson 184

IMPRISONMENT OF PERSON.

Authorized for enforcing decreesinequity of county court 151

INCENDIARIES.

Punishmentof 184

INCEST.

Punishmentfor 8Incestuousmarriagesto be void 179Incestuous fornication, punishment

for 179Incestuous adultery, punishment for, 179Penalty for any of the abovecrimea,179Application of penalty 179

INDIANS. SeeSlaves(Indian).

Purchases of land from, withoutleaveto bevoid 18

Entitled to receiverewardsfor killingwolves 85, 238

Non-residents forbidden to tradewith 140

Penalty for dealing liquors to the,... 169How to he recovered 169What evidence shall suffice for con-

viction 169Application thereof 169Liquor, &c., soldin violation forfeited, 169Applications of forfeiture 169Any one to seizesaid liquor found at

any Indian habitation 169Penalty for receiving pawn front In-

diana for liquor 169Seizureof pawn providedfor 170Killing or injuring peaceable,of this

province to bepunishableas if theywere born subject of Great Bri-tain 229, 366

Additional penalty 229Punishmentfor spreadingfalse news

tending to excite the, to be by fineand imprisonment 229, 366

Pkge.

INDIANS.—Continued.

Application of penalty 229, 366All treatieswith andmessagesto the,

to be ordered by the governor andcouncil 230, 366

Expensesof such treaties and mes-sages to be paid by provincialtreasureron warrants from gover-nor andcouncil 230, 366

Not to exceed fifty pounds per an-num

1230, 366

Reporta of all suchtreatiesand mes-sages and their costs to be madeto the assemblywhen called for,... 230

No personsto tradewith the, withouta license 230

Exceptions 230

Punishmentfor violation to be by for-feiture and imprisonment 230

Application of forfeiture 230

Duration of act 231, 368

INDIANS, TRADE WITH.

No person to, without a license, ex-cept on his own plantation or at amarket town 367

Punishmentfor violation 367Application of forfeiture 367Governorto issue license 367No subjectof GreatBritain to be re-

fused licenseupon giving security,. 867Exceptions 367Cost of license 367

INDIAN TRADERS.

To procure a license from the gov-ernor 230

License to be renewedannually 230

Rules for the government of, to bemade by the governor and coun-cil 367

No natural-born subject of Englandto be denied a license upon givingsecurity to deal honestly and ob-serveprescribedrules 230, 367

Coat of license fixed 230Not to carry goodsacquiredfrom the

Indiana out of this province forsale 231, 367

Duration of act 231, 368

6i8 Index.

INDIAN TRIBES.Page.

Assembly to apply certain part oftaxes to paying expensesof, trea-ties and presents 381

INDICTMENTS. See Procedure; Crimi-nal Law.

To be found by grand jury in capi-tal cases 129

No personrequired to answer to an,unless it contain the prosecutor’sname 243

INDICTMENT FOR TRESPASS.

Not to lie where thereis a remedybylaw of the province 24

INFANTS.

Sevenyears’ possessionnot to preju-dice Interests of 132, 237

Rights of, to land not to be preju-diced 119, 122

INFORMERS.

One-half of penalty for selling adul-teredliquors to go to prosecuting,.. 84

One-third of penalty for unlawful in-jury to coin to go to prosecuting 88

Penalty for using false weights ormeasuresto go to prosecuting 89

Against vendor of ill-wrought or ill-tannedleathei not legally stamped,or shoemakerusing the same, tohave one-third of condemnedgoods, 91

Liable to doubledamagesin favor ofany person falsely Imprisoned 100

One-half of penalty for trading withMadagascaror Natal to go to pros-ecuting 104

One-third of penalty for illegally re-tailing liquors to go to prosecuting,107

One-half of penalty for violation ofact regulating the drawing heavywagons over highways In Phila-delphia county to go to 257

In caseof swine found running atlarge entitled to half their value,.. 262

Share of, in forfeiture for non-pay-ment of duties on liquors andslavesimported 286

Shareof penalty for selling liquors atretail without a license 288

INHABITANTS.Page.

Forbidden to trade with Indiansclandestinely under penalty 141

May only trade with the Indians attheir mansion-houses 141

Such residencesto be determinedbythe county court 141

INJUNCTION, WRIT OF.Jurisdiction of judges of supreme

INN.

court to issue 301

Not to be keptwithout a license 94Penalty for violation 94

INNKEEPER.To keep good entertainmentfor man

and horse, under penalty 94, 358Penalty for permitting disorder or

unlawful conduct by a visitor, .. .94, 358Penalty for continuing businessafter

suppressionby county court with-out a new license 94, 358

Application of penalty 94, 358To report names,&c., of lodgerssus-

pectedof piracy 102Penalty for neglect 102To procure license from the gover-

nor to sell rum, brandy and otherspirits 107

To sell beer and ale when drank ontheir premisesby wine measure,...222

But by beer measureto those whocarry it away 222

Penalty for violation 222Application of penalty 222Manner of conviction 222Licensefeesof, regulated 291Qualifications for 358

INSPECTOR OF BEEF, PORK,FLOURAND BREAD FOR EXPORTATION.

To be appointedby county court,Duties ofFees of, regulated

INSPECTOR OF LEATHER. SeeSearcherand Sealerof Leather.

INSPECTOR OF MONEY WEIGHTS.

To be appointedby proprietary andgovernor 87

Dutiesand powers of 87

969696

Feesof 87

Index.

INSPECTOROF STAVES.Page.

County courtsto appoint one, In eachcounty 92

Duties of 92Feesof, regulated 92Six scorestaves to be accounteda

hundred for purposesof inspection, 92

INSPECTORS OF ELECTIONS FORMEMBERS OF GENERAL ASSEM-BLY.

To be selectedby a majority of theelectors 214

May compel intending voters to takeaffirmation as to their qualifications, 214

INSTRUMENTS OF WRITING.Wherein the months are named nu-


INTEREST. See Judgment.Rate of, fixed 17To be allowed creditoron judgment,.. 54

INTERLUDES.Punishmentfor 186

INTERNAL REVENUE. SeeTaxes.

Strong beer,ale and cider retailed topay two shillings and six penceperbarrel 107

Wine retailed to pay thirty shillingsper pipe 107

Penalty for selling rum, brandy orotherspirits without a license 107

Application of penalty 107Licenseto sell rum, brandy or other

spirits to pay four pence per gal-lon on such liquors and propor-tionably on the othersabove men-tioned 107

Manner of payment to be regulatedby proprietary with consent ofcouncil 108

INTESTATE5. See Decedenta’Estates.Real and personal estate to be sold

for debts 31Salesto be approvedby court SiSuch salesto be conclusive 32Classification and priority of debts

of 32Realty liable only where personalty

is insufficient 3339*_I

Page.

INTESTATES.—Continued.

Debts proved subsequentto distribu-tion to be secured by refundingbondsof dietributees 34

Realty of, to be sold by widow or ad-ministrator upon order of Orphans’court for payment of his debts, orfor maintenanceand education ofchildren, or for improving remain-der of estate for the benefit ofchildren 52

Title to lands of, sold for support ofwidow and children or distributedto them to be valid 193

INTESTATES’ ESTATES.

Register-generaland deputiesto takesufficient bondsupon granting let-ters of administration 199

Form of bonds 200Realty to be sold for payment of

debts where personalty is insuffi-cient 203

Or for the maintenance, educationandbinding out of his children 203

Or for improving the residue of theestates 203

Salesnot to be madetill after inven-tory, appraisementand scheduleofdebtsbe filed 203

Public noticeto be given 203Manner of giving such notice rego-

lated 2(14Homesteadto be last sold 203All such sales to be by order of the

Orphans’ court 204Lands covered by marriage settle-

mentsexcepted 204

INTESTATES’ ESTATES, DISTRIBU-TION OF.RESIDUE OF.

To bemadeby county registerwithinone year after intestate’sdeath, .. 34

Claim to sharein, to bebarredunlessmade within seven yearsafter In-testate’sdeath 34, 202

Distributeesto give refunding bond,34,202Distribution to be made by Orphans’

court 201• Not to be madetill after the expira-

tion of one year 202Appealfrom such distribution allowed

to the supremecourt 201

620 Index.

Page.INTESTATES’ ESTATES, DISTRIBU-

TION OF.

In caseof widow and children or is-Sue of children:Widow to have one-third of the

personalty absolutely, and one-third of the realty during life 32

Eldest son to have two sharesofthe remaining residue in 83

Other children or their representa-tives each to have one share ofsaid residueof estate 33

Advances or settlements made byintestatesto or on any child to bedeductedfrom such child’s share, 32

Advances or settlements to or onchild by intestate not to excludesuchchild from distribution,.,.., 82

Widow to have one-third of person-alty 201

Widow to shareequallyin th~realty,201

Settlementsof realty by intestateato be deducted 201

Widow’s dower in realty not to ex-tendbeyond her life 205

But no partition of realty shall bemadefor the widow if the heir atlaw pay theappraisedvalue there-of within one year 205

Partition to be made of intestate’s

realty among the heirs as tenants

in common 204

Eldest son to have two sharesofremaining residueof personalty,.. 202,

To shareequally in the realty 201

Other children or their representa-• tives to have one shareof residue

of personalty 201To shareequally in therealty 204

But no partition of realty shall bemade for them if the heir at lawpay the appraisedvalue thereofwithin oneyear 205

Advances or settlements made byintestateto or on any ohild to bedeductedfrom such child’s share,201

Advancesor settlements made byintestate to or on any child notto excludesuchchild from distri-bution 201

Page.

INTESTATES’ ESTATES.—Continued.

In caseof widow and no survivingissue or representativesof issue:Widow to have one-half of peredn-

aity absolutely and one-third ofrealty for life, residue and re-mainder to next of kin or their re-presentatives 82

Limit of representation 82, 202Widow to have one-half of the es-

tate real and personal and thenext of kin or their representativesthe other half 204

In caseof Issuebut no widow:Eldest son to havetwo shares,...88, 202Other children or their representa-

tives to haveone shareeach, .. .33, 202

In caseof neither widow nor survi-ving issue:To go to next of kin or their repre-

sentatives 33, 204Limit of representation 83Except in caseof intestate’schildren

dying in his lifetime leaving issue,whereuponsuch issue to sharetherealty equally with their unclesand aunts 204

Limit of representation 202

In caseof no heirs:Realty to vest In immediate land-

lord 33, 205Personalty to escheat to proprie-

tary 88, 205Distributeesto give refunding bond, 34Personalty to be restored to intes-

tate’sheirsif claimedwithin sevenyears 206

Realty to be restoredto intestate’sheirs if claimed within twenty-oneyears 206

Heir to pay personin possessionforimprovements 206

In caseof person executedfor mur-der:Regulated 172

INTOXICATING LIQUORS. SeeLiquors.

INTOXICATION. See Drunkenness.

INVENTORIES. See Court, Orphans;Itegister of Wills.

Index.

JAIL DELIVERY.

To be held twice a year in eachcounty 100, 243

JAILERS.Not to oppressprisoners 99, 243

JEOFAIL, STATUTES OF.

Wizen to be enforced 152

JOINT TENANTS. SeeTenantsin Com-mon.

JUDGES. See Oaths; Magistrate; Courts.

Form of attest to be taken by 39Not to sit in judgment upon their

own cases 137Not to sit in judgment upon appeal

of their own casesto supremecourtor governor and council 137

Three, commissioned by the gover-nor to be a quorum for holdingcounty court 149

Of county courts to deliver thegaols,149Except in casesof felony 149Of county courts to award process,..149Of county courts empoweredto try

all pleas of the Crown or criminalcauses 149

Exceptions 149• Of county courts to give summary

judgment in causesbetween mer-chants and seamennot cognizableby the court of admiralty 149

Of countycourts to summonjury, &c., 149Empoweredto regulatefees, &c. 154Of supreme court to whom bond is

given for appeal to the Crown tosubsCribethe same 150

Number of, to constitute the supremecourt prescribed 301

Jurisdiction of, of supreme court toissuecertain writs regulated 301

Jurisdiction of, of supreme court invacation regulated 303

Power grant9d to, to make rules ofcourt 880

Page.JUDGES OF COUNTY COURTS. See

Justicesof the Peace.With assistanceto allow debtsdueby

county 35By whom assisted 35With assistanceto calculate annual

estimatesfor county taxes 35With county assessorsto audit county

treasurer’saccounts 37With county assessorsto order dis-

bursements of county funds bycounty treasurer 37

To fine collector of taxes for neglectof or refusal to performduty 37

Penalty for justice of the peacenotsitting as one of the, to which hebelongs 43

To grant writs of attachment 231To assistregister-generalor deputies

in distributing decedents’estates,..423Also, in casesof caveat 423

JUDGES OF ELECTIONS FOR MEM-BERS OF GENERAL ASSEMBLY.

When to be appointedby the electors,214To conduct elections 214To appoint clerks 214To issue certificate of election in du-

plicate, 216T~deliver one copy to the governor

and theother to the assembly 216Penalty for not making true return,. 216Penalty for neglect or refusal ofduties prescribedby theact to regu-late the numberof membersof as-sembly, &c 218

Application of penalties 218

JUDGES OF THE SUPREME COURT.By whom appointed 134Compensationfixed 135Feesof regulated 334Table of feesto be constantlyexposed

to public view during sitting ofcourt 348

No feesto bedemandedwithout a billof particulars 348

Receipts for amount of fees to begiven 848


Penalty for secondoffense 348

J.

Page.

Index.

JUDGES OF THE SUPREME COURT.—Continued.

Page.

Application of penalty 348Punishmentfor third offense 348

JUDGMENT. See Judgment, Summary.

When to be grantedin action of for-eign attachment 27

Real and personal estateto be ~o1dupon, for debtsof decedent 31

To be paid third in settlementof de-cedent’s estates 33

Realty to be taken in executionupon,where personalty is insufficient 53

Execution upon, against homesteadstayedfor one yearafter 53

Interest to be allowed on, till sale orsatisfaction 54, 318

Of county court, when appealabletosupremecourt 134

No judge to sit In, of his own case,..137No judge to sit In, upon appealof his

own caseto the provincial court orgovernor and council 137

• Motion in arrest of, may be madeafter verdict andbefore 151, 319

Motion to governor to set asidemaybe madeafter, andbefore execution,151

Upon attachment to be granted thethird court after seizure 231

• To be entered in attachment where• garnisheepleads no goods and the

contrary is proved 232

To be enteredagainstplaintiff Wherepaymentor set-off is proved 241, 318

To be granted for amountawardedbyarbitrators of accountsand approv-ed by thecourt 243

Writ of error to avoid, regulated,andmethod of appeal prescribed 319

When, satisfiedbail on appealnot de-

mandable 310When omissions within the Statutes

of jeofails not to warrant reversal,. 320

No, to be entered of record unlesssignedby a justice 324

Coststo be taxed and allowedby jus-tices before enteredon 324

Capiagurupon, regulated 324

Entry thereofIn vacation to be dated,224

JUDGMENT BY DEFAULT.Page.

To be grantedwhen defendantrefusesto appear 128

When to be enteredin action of debt,180May be given againsta non-resident

for arrearsof proprietary quit-rentsor for taxes 221

In common pleascourts authorized,.. 316In civil action, when to be given, and

how affected by subsequentarrest,. 320Not to begiven In certaincaseswith-

out hearingplaintiff’s evidence 324Personsunjustly disseized of lands

may recover the same,and have,.. 330

JUDGMENT FOR DEBTS UNDERFORTY SHILLINGS. See Judgment,Summary.

JUDGMENT, SUMMARY.To be granted by one justice of the

peacefor debtunder forty shIllings, 44To be given by one justice of the

peace on charge of using falseweights or measures 89

To be given by county court in casesbetweenmerchantsand seamennotcognizable in admiralty court 149

JURISDICTION.Of justices of the county court in

foreign attachments 27Of county courts to give summary

judgment in causes between mer-chants and seamennot cognizableby the court of admiralty 149

In casesof bastardy regulated 182Of judges of supreme court to issue

certain writs regulated 301Of supremecourt prescribed 302Prerequisitesto be compliedwith be-

fore a~rtio9’a,’i, habeas corpus orother writ may Issueto lower court, 306

Amount in controversy must exceedten pounds,with certain exceptions,before suchwrit will issue 306

Equitable, of justices of the supremecourt regulated 307

Power conferred upon judges of su-premecour.t to regulatesittings, ad-journrnentg and hearings in vaca-tions 207

Right of appeal to the Crown regu-lated 308

Index. 623

JURISDICTION.—Continuecl.Page.

Court of general quarter-sessionsofthe peaceand gaol delivery consti-tuted; and its terms regulated 308

Of court of quarter-sessionsdefined,309-10Courts of quarter-sessionsnot tohave, over treason or murder 311

Respective,of courts of quarter-ses-sions and oyer and terminer, fur-ther regulated 312

Term of court of quarter-sessionslim-ited to three days in Philadelphiacounty, andtwo dayseachin Bucksand Chestercounties 313

Established specified courts not toabridge charter powers of mayor,recorder and aldermenof Philadel-phia 313

Courts of commonpleasin the severalcounties constituted, and terms ofcourt prescribed 315

Court of common pleasof the propercounty to have, of actions of waste,327

Courts of common pleas to have, ofactionsof partition 327

Courts of common pleas to have, ofactions of account against variouspersons 327

Court of equity in common pleascourts established 328

Their terms and, prescribed 328

Processfrom common pleascourt sit-ting in equity to issue to othercounties 328

Courts of equity without, if remedyexists at law 329

Courts of equity to order matters offact to be tried at law 329

Of courtsover admissionof attorneysandmisbehaviorby the latter 330

Pendingactionsnot to be affectedbylaw establishingnew courts 830

JURISDICTION OF COUNTY COURTS.

To give summary judgments Incausesbetweenmerchantsand sea-men not cognizableby court of ad-miralty 149

JURISDICTION OF SUPREMECOURT.See Court, Supreme; Court, County.

Page.JURORS.

To besummonedby sheriff upon tendays’ notice 132

May take attest 426

JURY. See GrandJury; TraverseJury;Trial by Jury.

In action of foreign attachment,whento find for plaintiff 28

Penalty for defaulting jurors 43Penalty may be remitted at next

court, 43In casesbetweennierchantsand sea-

men a, of merchants to be sum-moned 149

Merchants,mastersof vessels,or shipcarpentersto servewhen required,. 149

For want thereof, other men of theneighborhood 149

All theaforesaidjurors to be attestedby the court 149

Their duties 149In attachment in case garnishee

pleads no goods and the contrarybe proved for plaintiff 232

To say what goodsthey find 232To find for defendantupon proof of

plea of set-off or payment 241Where plaintiff is proved to be in-

debted to defendant,to certify theamount, 242

Members of, with religious scruplesmay take a prescribedform of oathof office 267

Form of affirmationfor jurymen withreligious scruplesagainsttaking anoath 269

When, may view premisesin contro-versy 316

Practice in executing writs of in-quiry of damagesregulated 324

JURY, GRAND.To witness sealer of weights and

measures’annual inspection 89Twe~ity-fourpersonsto be returned

by the sheriff in capital cases 129At least twelve of whom to find in-

dictment 129

JURY IN CIVIL COURTS.All civil suits to be tried by twelve

men 128Qualificationsof jurors 129

Index.

JURY IN CRIMINAL COURTS.Page.

Forty-eight personsto be returnedbythe sheriff in capital cases 129

Twelve to be chosen therefrom fortrial 129

Reasonablechallengesto be allowedagainst all or any 129

JURY OF APPRAISEMENT.

Realty taken in execution to be ap-praised by, before sale 53

~JURY OF DAMAGES.

To be appointed by county courtwhere highwaysarecarriedthroughimproved land 69

JURY OF INQUISITION.To determine when lands liable to

sale for the payment of debtsmaybe extended 245

Their duty to value lands liable tosale for paymentof debts,but un-sold for want of buyers 246

Members of, with religious scruplesmay takea prescribedform of oathof office 267

JURY OF VIE~W(ROADS INTO MAINROADS).

To beappointedby county court 69To be six In number 69Four of whom may act 69To determine application 69To make return to court 69

JURY, SPECIAL.

To witness sealer of weights and’measures’annual inspection 89

.YURYMEN.

Feesof, regulated 138, 345

JUSTICES.

Feesof, regulated 138

JUSTICESAND COUNTY OFFICERS.To attendsupr~njecourt judges dur-

ing sittings 135

Page.JUSTICES OF ThE COURT FOR DE-

TERMINING DEBTS UNDER FORTYSHILLINGS.

Feesof, regulated 34ZTableof fees to be constantlyexposed

to public view during sitting ofcourt 348

No feesto be demandedwithout a billof particulars 848


Penalty for neglect, refusal or over-chargIng 348

P.enalty for secondoffense 348Application of penalty 34~Punishmentfor third offense 348

JUSTICESOF THE ORPHANS’ COURT.One of the, to have the custody of

the register-general’sor his depu-ties’ bonds 197

JUSTICE OF THE PEACE. See Oaths;Magistrate; Courts.

To enforce wearing of badge ofthievery 9-10, 174

To fix satisfaction to be made byservant to master for losg arisingfrom imprisonment of the formerfor assaultingor menacingthe lat-ter., 1~

To give summary judgment wherepenaltydoesnot exceedtwenty shil-lings 19

Except wherefine Is left to discretionof court 19

To relieve the poor upon their com-plaint 20

To be reimbursed out of countyfunds 20, Z7

To attest notice of intention of mar-riage 22

To have a certificate of clearnessofengagementsof partiesproducedbe-fore performing marriage 22

To bind to the peaceone threateningthe person or estateof another 23

To issue warrants to levy taxes bydistress and sale 38

Togetherwith the grand jury to actas county assessorsIn case of noelection of or neglect of duties bycounty assessors

Page.

JUSTICE OF THE PEACE.—Continued.To compelconstablesby warrants(is-

sued before first sitting of asses-sors elected in 1701) to certify thetaxable personsand value of pro-perty within their bailiwicks 36

Form of attest to be takenby 39Penalty for non-attendanceat county

court to which they belong 42Penalty recoverableat next court by

distressandsaleof goodsand chat-tels 42

Warrant to be from majority of thecourt, 42

Court empoweredto excuse 42One, to summon defendant for debtunderforty shillings 43, 189

One, to give summaryjudgment, . .44, 189Such judgment to befinal 44, 189To issue execution againstgoodsand

chattels,or for want of suchagainstthe personof defendant 44

To issue warrant to apprehendfugi-tive bond servant 56

Penalty for neglect 56At leasttwo, to take part in estimat-

ing and assessingcity and towntaxes for certain purposes 66

To issue writs of distress and saleagainst goods and chattels of de-faulting taxpayer 66, 112, 116

Two, to be commissionedby the pro-• prietary and governor to try ne-

groes chargedwith crimes 77, 234

Penalty for neglect or refusal toserve 78, 235

One, to punish negroesmeeting un-lawfully by whipping, not exceed-ing thirty-nine lashes 79

Two, to issue license to unhealthyvessel or vessels from unhealthyplacesto land at placesother thanPhiladeljthia 80

Forming county court to sit twice ayearas an Orphans’ court 81

To causeears and tongue to be cutfrom theheadsof wolves broughttohim 85, 238

To give summaryjudgmenton prose-cution for using false weights andmeasures 89

625

Page.JUSTICE OF THE PEACE.—Continued.

With the grand jury to act as asses-sor for 1700 95

To grant searchwarrantsto collectorsof tariff or internal revenue 109

At least three, in every county tosummon four freeholdera, togetherwith whom theyshall form a boardof provincial tax assessors 111

To issuewarrantsto compelconstableto certify the namesof all persons(and value of their property) resid-ing within his bailiwick 111

Penalty for refusal • to perform orneglect of duties 112

To commit defaulting specialprovin-cial poll-tax payer to jail to makesatisfactionby labor 117

Powers of, given to county courtjudges 150

When to issue writs of attachmentfor debts under forty shillings 160

When to award execution 160To witness publication of marriage

bans 161To issuewarrant to levy penalty for

transacting worldly business onSunday 176

Empoweredto commit to the stocksor bind to good behavior personsdrinking in public housesandrefus-ing to disperse 177

To judge of the necessity and mod-eration of refreshmentsservedbypublic housekeeper on Sunday totravelers, inmatesand others,,..., 177

Empoweredto enter any housesus-pected of permitting unlawfulgames,&c 186

To arrestkeeperof suchhouseandtoimprison him until security be en-tered 187

To certify acknowledgmentor prov-ing of deedsbefore him 207

Feesfor taking acknowledgmentorproof of deedsregulated 207

Empoweredto give summaryconvic-tion of keepers of taverns, ale-hoitena, inr’m snd criotualing hnu~esguilty of selling beeror ale by ille-gal measure 222

Whento issue writs of replevin 227

Index.

626 Index,

Page.JUSTICE OF THE PEACE.—Continued.

To take security upon so doing 228

Commissioned to try negxoes, sum-mon six freeholdersof theneighbor-hood 234

To attestsaid freeholders 284

With said frpeholdersto hold a courtfor thetrial of negroeschargedwithcertain offenses 234

Of the several counties to appointoverseersof the poor in theseveraltownships thereof annually InMarch 251

At quarter-sessionsto determinethepoor rate on appealfrom overseers,and distress meanwhile to be sus-pended 252

Paupers to procure an order fromtwo, before overseersof the poorshall entertheir nathesor grant re-lief 253

Annually to audit accountsof over-seers of the poor, and to imposepenalties for failure to present thesame 253

Jurisdiction over proof of powers ofattorney from foreign owners ofland to domestic agents to conveythe same 256

Jurisdictionover violations of act reg-ulating the drawing of heavywagons over highways in Philadel-phia county 257

Jurisdiction over debts due by coun-ties intended to set off againsttaxes 260

Jurisdiction over swine running atlarge 262

Jurisdiction over levying of certainarrearsof proprietary taxes 265

Jurisdiction of, in taking depositions,271Jurisdiction over collection of certain

taxes 281Their duties in connection with en-

forcing penaltiesfor saleat retail ofliquor without a license 289

Feesof, regulated 385Tableof feesto be constantlyexposed

to public view In office of 348No fees to be demandedwithout a

hill of particulars 348

Page,JUSTICE OF THE PEACE.—Continued.



Penaltyfor secondoffense 348Application of penalty 348Punishmexitfor third offense 348Feesfor takixig ~cknowledgment of

deed~or conveyances 350Empoweredto entersuspectedgaming

placesand to commit without bailpersonsengagedIn unlawful games,360

JUSTICES OF THE PEACE, DISCRE-TIONARY POWER OF.

To fix satisfactionto be madeby ser-vant to masterfor loss arising fromimprisonment of the former for as-saulting or menacingthe latter 13

JUSTICESOF THE SUPREMECOURT.SeeJudgesof SupremeCourt.

IC

KAYLES.



KEEPER OF THE GREAT SEAL.

Feesof, regulated 0, 331-32Table of feesto beconstantly exposed

to public view in office of 348No fees to be demandedwithout a

bill of particulars 348Receipt for amount of fees to be



KENT COUNTY. See GovernmentofNewcastle,Kent and Sussexupon Del-

• aware.Time for holding supreme court

in 135, 151

KING. See Crown.

KING’S HIGHWAY, SeeHighways,

Inciex. 627

LABOR, HARD. See Hard Labor.

LAND. See Lands and Tenements.

Purchasesof, from theIndians with-out leave to be void 18

Freemennot to be dlsseizedof, exceptby the laws of the provinceor trialby jury 18, 359

Damagesto be awardedfor carryinga highway through improved 69

Title to all, legally taken up beforethe royal charter to Penn confirmedto actualpossessors 118, 400, 405

Exceptions 118, 400,401, 405Title to, settled under warrant

granted by or under Penn withoutassurance of a patent confirmedafter sevenyears’ possession 119

Exceptions 119Granted subsequentlyby duly execu-

ted deed from the proprietary,• whethermore or less than “laid out

for,” vested in granteewithout lia-bility to resurvey, but subject toterms of grant 119, 400, 405

Grant by the proprietary to be underthe great seal, but grants madeprior to this act under the lesserseal to be valid 119

All such grants liable to resurveywithin two years 119

Allowance for difference in sur-veys, 120, 409

Aiiowance for roads 120, 409First purchaser to order resurvey of

land sold to a meanepurchaserandto recoverany overplus 121

Chargesof reaurveyby whompaid, .. 120

Such survey to be madeby any law-ful surveyor 122

Overplus of lands conveyedby pro-prietary or purchaseron reeurvey,where to be takenoff 121

Overplus of lands, how disposedof 122, 409

How terms of purchaseby possessorof overplus,areto be arranged,120, 407

• Proprietary’s overplus on resurvey,how to be taken off 121

40—I

Page.

LAND.—Continued,

Overplus, to revert to the proprietaryor from a mesnepurchaser to thefirst purchaser 121

Deficiency found on resurvey to bemade good by the proprietary outof overplusas received 120, 407, 409

First hundred purchasersto have pri-ority of right to buy more land 121

Limitation of privilege 121Division of land taken up in copart-

nership on the deathof eitherpart-ner 121

Unlesstherebe a contract to the con-trary 121

Contractsof decedenteas to, acquiredin partnership 121

Alien purchasing, it shall descendtohis heirs 122

Inhabitants to have full and quiet en-joyment of their 122

But not to the prejudice of infants,married women, lunaticsor personsbeyondthe sea 122

All conveyancesby attorneys-in-factto be valid 123, 255

All conveyancesof, to be acknowl-edged and delivered In opencourt, 131

Sevenyears’ quiet possessionto giveunquestionabletitle to 132, 2i7

Exceptions 132, 237Title to, to be first tried in countycourts 134

Appealableto supremecourt 134Sequestrationof, authorized for en-

forcement of decreesof supremecourt upon appeal 151

Bargain and sale of, bone fide andfor valuable considerationmade inconformity to certain laws to bevalid 192

Assignment of, made in conformityto certain laws to be valid 192

Grants of, made in conformity tocertain laws to be valid 192

Allotments of, made In conformity tocertain laws to be valid 192

Distributions of, madein conformityto certain laws to be valid 192

Title to, under any of the precedingfive items to be conclusive 192

Exceptions 192

L.

Page.

628 Index.

LAND.—Continued.Claimant to bring suit before Octo-

ber, 1710 193Of intestates to be held by widow

and children as tenants in commonand not as joint tenants 193

Devises of, by will in writing dulyproved in this province or else-where (certified copies having beenrecordedhere) to be valid 194

Of intestatesto be sold for paymentof debtswhere personaltyis insuffi-cient 203

Of Intestates to be sold for mainte-nance,educationor binding out ofchildren or improving residue ofestate 203

All such sales to be by order of theOrphans’ court 203

Covered by marriage settlomentsnot•liable to besold for euchpurposes,..203

Not to be partitioned when the heirat law is prepared to buy out thewidow’s dowerandthesharesof theother children 205

No title to passto, unlessdeed, &c.,berecordedwhere land lies, 210

Of non-residentsto be levied on forarrearsof proprietary qult-rexiis orof taxesdue for threeyears 227

Of garnisheefound to have goods inhis possessionand refusing to pro-duce them subjectto executionandlevy 232

Purchasersof, from attorneys-In-factto acquire the estateof theowner,. 255

Conveyances so made when dulyproven to be equally effective as ifthe deed had been executedby theOwner himself 256

Powers of attorney to continue inforce until agenthas due notice ofrevocationor deathof owne ... 256

Old court-house and grounds inChester county vested in RalphFishbourn 291

Properly recordeddeedsto give com-plete assuranceof 351

Conveyances,sales and gifts of, tothe proprietary from other persons

Confirmed 401

Page.

LAND.—Continued.Proprietary to assure and confirm

prior grants, and those hereaftermade, when reasonablydemanded,401

Conveyancesunder seal by the pro-prietary or his agent, and dulyrecorded, declared valid withoutdelivery before witnesses, liveryand seizin, or acknowledgment 402

Pleasadmissible and those not ad-missible to deny the operation ofgrants of, by the proprietary 402

Errorsand infornIalities andotherde-fects In conveyancesby ~lie pro-prietary, declarednot to invalidatetitle to 403

Conveyancesby the proprietary dulysealedand recordedto constitute awarrant~ by the proprietaryagainst various possible diverseclaims 404

Warranty of proprietary not to covergrants held invalid in law 404

Warranty of proprietary in convey-ances of unlocated, only to compelgranting of the same quantityelsewhere,or the refunding of pur-chasemoney and compensationforimprovements 405

Where appraisersrefuseor neglect tovalue overplus,common pleascourtof the county to appoint other 01)-praisers 408

How failure of proprietary or land-owner to appoint appraisers to beremedied 408

Proprietarymayappoint appraiserstovalue overplus appearingby resur-vey where traçft belongs to non-resident owner 408

Proprietarynot to be compensatedforoverplus, if owner is authorizedbyhis purchaseto take up more 409

No quit-rents payableto the proprie-tary uponallowancesfor roads,bar-rens and difference of survey 409

Sales,gifts or grants of, to religiousProtestantsocietiesconfirmed 424

Page.

Index.

LAND, UNIMPROVED. Page.

When lawful for any to take, to es-tablish a ferry over NeshaminyCreek,at rental to be fixed by coun-ty court 76

LAND WARRANTS. SeeLand.

All, grantedby any lawful authorityprior to or after the royal charterto Penn confirmed 118


And in caseof warrants grantedbyor under Penn except where thesameinterfere with rights of others,119

LANDING PLACES.

In cities and towns to be made andmaintainedby supervisors 66

LANDLORD.

Real property of intestateswithoutheirs to vestIn immediate 33

LANDLORD AND TENANT. SeeWaste.

When landlord shall be liable for ten-ant’s countypoll tax 36

Tenant to repay landlord by work orotherwise 36

LANDMARKS, REMOVING.

Fraudulently defined 15Penalty for 15

LANDS AND TENE3~1ENTS.SeeLands;Wills; Intestates;Extent,

To be garnisheedin action of foreignattachment 28

Of garnisheein action of foreign at-tachment,when liable to be leviedupon 28

Dwelling houseand plantation to belast attachedin actionof foreign at-tachment 29

Not liable to foreign attachmentwhere goodsare shown 29

Liable to decedent’sdebts 31sales of, for payment of decedent’s

debtsapprovedby court to be con-clusive 31

Distribution of decedent’s,, 31Wills required to be proved within

time limited to validate devisesof,. 48

629

Page.LANDS AND TENEMENTS._ContinUed.

To be sold upon judgment and exe-cution where personalty is insuf-ficient

Taken in execution to be appraisedbefore sale 53

To besold by sheriff 53To be conveyedby sheriff 53Such conveyanceto be conclusive,... 54Creditor may take only so much of

appraisedland as may be neces-sary

Homesteadto be taken last 54, 246Execution against homesteadstayed

for one year after judgment 53Liable to execution for payment of

debts where no sufficient personalestate can be found 244

Not liable if yearly profits for sevenyears will satisfy debt and costs,... 24.4

Disposition to be made of lands ex-posedto salebut not sold 245

Sheriff to furnish and post hand-bills containingnotices of sale 245

If additional debts are recoveredbe-fore extent be out, which, withbalancedue upon suchextent, can-not be satisfied by profits, to be

sold 245All other realty of debtor also liable

to sale 245If Inquest finds profits insufficient,

sheriff to so return and landsto besold 245

Sheriff to certify insufficiency oflands liable to sale for debtswhichare extended 245

When lands unsold for want of buy-ers, Zibera,ri fw~iasto issue, and,sufficient to satisfy debtto be givento creditor 246

Creditor to have executionfor residueagainst debtor’s body, lands orgoods 246

Purchasersto acquire and peaceablyhold the debtor’s title for like es-tate and tenure 246

Default In paymentof mortgage,ornon-compliance with any of theconditions therein, and continuingfor twelve months, to authorizeforeclosure 247

Index.

Page.LANDS AND TENEMENTS.—Continued.

Proceedingsof foreclosureto begin bywrit of solve fades, 247

Procedure under foreclosure wheredefendant appearsor fails to ap-pear regulated 247

Purchasersof, at foreclosuresalestohold for theestateof the mortgagor,and dischargedof the equity of re-demption and all other incum-brancea 248

Notice of foreclosure sales to bepublished 248

Overplua derived from foreclosuresales to belong to the debtor or de-fendant 248

After paymentof overplus to defend-ant in foreclosure,sheriff to be dis-charged 248

Sale of, on foreclosurenot to createany further term or estate than asprovided in the mortgage deed 249

Reversal of the judgment of fore-closurefor error not to require a re-turn of the land, but merely restitu-tion of its price at sheriff’s sale 249

LARCENY.Defined 9, 174Of cattle or live goods, punishmentfor 9, 174

Of dead goods or personal property,punishmentfor 9, 174

While housebreaking, punishmentfor 11, 173

Negro charged with, to be tried byspecial court 79

Negroguilty of, to ‘be whippedat dis-cretion of court and satisfaction tohe madeby masteror owner 79

Penaltyfor compounding 174No one debarred from taking back

their goods if they prosecute thethief 175

Punishment for, by negro exceedingfive poundsin value 235

LARCENY, PETIT.Punishmentfor 159, 174

LAWS. See Acts of Assembly,

LAWYERS. See Attorneys at Law; So-licitors.

Page.

LEASES.Wherein the months are named nu-

merically declaredvalid 164

LEATHER.Sealerand searcherof, to be appoint-

ed by thegovernor 90Ill-wrought or ill-tanned, not legally

stamped,sold or offered to a shoe-makerto be seized 90

Such, to be forfeited upon convictionof vendor before two justices of thepeace 90

Such, may be condemnedby countycourt 91

Boots, shoesand slippers made fromill-wrought or ill-tanned, not legallystampedto be seized 91

Such boots,&c., to be forfeited uponconviction of shoemaker 91

Such boots, &c., may be condemnedby county court 91

Dispositions of condemnedboots,&c., 91

LEATHER BUCKETS. See Fire Buck-ets.

LEGAL TENDER. SeeProduce;Money.

LESSERSEAL. SeePrivy Seal.

LETTER OF ATTORNEY FOR SALEOF LAND. See Attorneys-in-Fact

• To be attested before a magistrateor notary 123

To be proved by two or more wit-nesses 121

LETTERS OF ATTORNEtWherein the months are named nu-

merically declaredvalid 304

LETTERS PATENT. SeeDeeds.

LETTERS TESTAMENTARY. See De-cedent’s Estates; Register of Wills.

LEVARI FACIAS, WRIT OF. See Ex-ecutIon; Mortgages.

LEVY. See Distress; Sale; Taxes; Exe-cution.

To be made on landsof non-residentsfor arrears of proprIetary quit-renta or for taxes due for threeyears 227

When garnishee’sin attachmant realand personalproperty is subject to, 232

Index. 631

LEWES.Page.

All persons forbidden to “fire theirchimneys” or to allow them to be-come foul in 67, 163

Penalty for violation 67, 163Every owner or tenant of a dwelling

house •to keep a swab of certainlength and two leatherbuckets 67-8

Penalty for neglect 68Swine illegally runningat large to be

forfeited 93Time for holding supremecourt there,135Provisions againstfire In 163Penalty for neglect 161

LIARS.

How punished 133

LIBEL.

• Penalty for, upon a magistrate orpersonin office 13

Punishmentfor 15

LIEERARI FACIAS, WRIT OF. SeeExecution.

LIBERTY OF CONSCIENCE. See Re-

ligion.

LICENSE. See Indian Traders.

• Every inn, tavern, alehouse,restau-rant and public houserequired tohave a, from the governoror lieu-tenant-governor 94, 358

Retailers of rum, brandy and otherspirits to procure a, from gover-nor 107, 288

Penalty for violation 107, 288Application of penalty 107, 288Feespayablefor, to sell liquors regu-

lated 291, 858Applicants for, to keep tavern,&c., to

be recommended by judges ofcounty courts 357

To beforfeited for secondviolation ofthe law 358

Ratesfor issuanceof 358

LICENSE, MARRIAGE,

Page.LIEUTENANT-GOVERNOR. See Mag-

istrates; Governor or Lieutenant-Gov-ernor.

To issue wrtt of election to fillvacancyin generalassembly, 25-6

To naturalizealiens 30Fee for granting letters of naturali-

zation 30To licenseall Inns,taverns,alehouses,

restaurantsand public houses,94, 357-58Exemptedfrom provincial tax 110To commission justices to hold

county courts 148Empoweredto appoint judges of the

supremecourt 150To notify supremecourt of occasion

for sitting in certain counties 151To grant a divorce for incestuous

marriage 179To grant Injured husband or wife a

divorce for adultery 180To grantdivorce for bigamy 383Time of application limited 183To grant divorce a mensaetthoro for

sodomy or buggery 184Time of application limited 184In case of death, incapacity or ab-

senceof, the seniorcounciloror suchother councilor as may be chosento act in his place 190

Limitation of office 417To appoint register-general 196, 422Exempt from ferriage 428Acting, to notify one of the secreta-

ries of state In Great Britain andthe board of tradeand plantations,437

Certain moneysgrantedto 438Exempted from impost, 439

LIMITATION OF ACTION.

For piotting or conspiring againstproprietary and governor, 53

Under the provincial tax act 113Under specialprovincial tax act 118Sevenyears’ quiet possessionof land

taken upon an equitable right togive an unquestionabletitle 119, 237

For the recoveryof gambling or bet-ting losses 187

For the recovery of intestates’as-cheatedpersonal estates 206

For the recovery of intestate’s es-cheatedreal estate 206

Not to interfere with methodof publi-cation prescribedby law 23

Index.

Page.LIMITATION OF ACTION.—Continued.

For the recovery of realty conveyedby deed duly acknowledged orproved and recorded 209

Eicept in caseof fentccovert, luna-tic, prisoners,minors or personsbe-yond the sea 209

For claims or debts due to citizensfrom the several counties 260

Against public officers for neglect incollectingcertain taxes 284, 182

In prosecutionfor indulging in riotoussports,&c 361

LIQUORS. See Beer; Ale; Tariff; Inter-nal Revenue;Cider.

Penalty for selling adulterated rum,brandyor other 84, 239

Application of penalty 84, 219Two witnessesrequiredto convict of

such sale 84Duty on imported 107, 194, 284Duty on retailed 107, 287Penalty for retailing, without a li-

cense 107, 288Application of penalty 107, 288Sale of, to Indians prohibited 169Drinking of, in public houses,&c., on

Sunday regulated 177Rebate allowed upon imported, &c,

which may be subsequentlyexport-ed 285

Allowance made for leakage in goodsimported 86, 333

Penaltiesfor landing certainimport-ed, without payment of duty, . .286, 384

Deputy collectors of excise on, to beappointed 289

Distribution of moneyraised by taxon 290

Feesfor license to sell, regulated 291One-half of full duty to be paid

where, are imported in foreignowned vessels 383

Collector of duties on imported, ap-pointed 385

Duties of such collector regulated,... 385Searchesand seizuresby collectors of

impost duties authorized 385When and how duties upon imported,

may beremitted 386Feesof collectors of duties on, regu-

lated 386

Page..LIQUORS.—Continued.

Application of duty on 387Landedwithout license,value of, for-

feited 440’How recoverable 440

LIVERY AND SEIZIN. See Deeds.

LODGING HOUSE.Keeper of, to report names, &c., of

lodgers suspectedof piracy 102Penalty for neglect 10&

LOGGATS.Penalty for public housekeeperper-

mitting playing 186.Penalty for playing 186-87, 361

LORD’S DAY. See Sunday.

LOTTERIES.Punishmentfor engaging in 6.Penalty for public housekeepersper-

mitting 186Penalty for engaging in, 186-ST

LOWER COUNTIES. See Governmentof Newcastle, Kent and Sussex uponDelaware.

LUMBER. See Waste.

LUNATICS.Rights of, in land not to be preju-

diced 122, 132, 209, 237, 35~

LYING.Punishmentfor 41

M.MADAGASCAR.

Trade with, prohibited 104Penalty for violation 104Application of penalty 104

MADEIRA WINE. SeeTariff.

MAGISTRATE. SeeOaths;Liquors; At-test.

Penalty for assaultingor menacing,..Penalty for libeling or slandering 13To punish negro carrying arms with-

out license by whipping with twen-ty-one lashes 70’

To attestand examinemastersof in-coming vesselsas to their passen-gers and crew 101

Index.Page.

MAGISTRATE.—Continued.To secure persons suspected of p1-

racy 101To give notice to the proprietary and

governoror lieutenant-governor, . 101To empower sheriff or officer to col-

lect posse to arrest suspectedpi-rates 103

Penalty for neglect 103To judge of the necessityand mod-

eration of refreshmentsserved bypublic housekeeperson Sunday totravelers, Inmates and others 177

Empoweredto enter any housesus-pected of permitting unlawft~igames,&c 186

To arrestkeeperof suchhouseand toImprison him until security be en-tered is~

Requiredto administerattestto wit-nesseswho cannot take oaths forconscience’ sake 356

Requiredto subscribeto thetestspre-scribed by parliament 316

MAGISTRATE, DISCRETIONARYPOWER OF.

To punish scolding or being clamor-ous with the tongue by imprison-ment or gagging and standing Ina public place 85

In regard to extent of whipping ofpersonsguilty of sodomy or bug-gery 13334

MAILS. See Post Office.

MAINTENANCE. SeeParentand Child.

MALICIOUS BURNING OR FIRING.Of stacks of corn, hay, wood, fence,

vessel,boat or canoe, 134Punishmentfor 13435

MANDAMUS, WRIT OF.Jurisdiction of judges of supremecourt to Issue 302

JdANSLAUGHTER.Negro charged with, to be tried by

special court 78Negro guilty of, punishedaccording

to law 73Only cognizablein supremecourt, 134, 149Punishmentfor 172

MANUFACTURES. See Leather.

633

Page.

MARCH.May be legally calledFirst Month,... 20

MARINERS.Exemptedfrom the provisions of the

act regulating the probateof writ-ten and nuncupative wills 196

Penalty for trusting 240Exceptions 240Application of penalty 240

MARK. SeeBadge of Thievery.

MARRIAGE. SeeDivorce.Fornicatorsto be “enjoined,” 6Marriages not forbidden by the law

of God to beencouraged 21, 161Parents and guardians to be con-

sulted 21Parties’ clearnessof all engagements

to becertified 22, 161Certificateof clearnessto beproduced

to religious society or justice ofthe peace 22, 161

‘intention of, to be affixed in certainplaces 22

Suchnotice to beattestedby ajusticeof the peace 22, 161

Ceremonyof, prescribed, 22Certificateto be subscribedby twelve

witnesses,one of whom shall be ajusticeof the peace 22, 161

Certificateto berecorded 22, 161Act to extend to persons marrying

according to the forms of religionto which they belong, only so faras affixing and attesting their in-tentions 22

• Punishment for servants marryingwithout masters’ consent 22, 161

Penaltyfor taking in, a servantwith-out masters’ consent 22

Penalty for performingin violation ofact 22, 162

Penalty recoverablein any court 22No licenseor dispensationto obstruct

force of actas requires“intentions,”underpenalty, 23

Registerof, keptby any religious so-ciety to beallowed as evidence , 91

Bans to be published 161Place, time and mannerthereof 161Form and mannerof solemnizationof, 161

Index.

Page.MARRIAGE,—Continued.

Act not applicableto personsmarry-ing in the religious society to whichtheybelong, 162

Previous notice be given to parents,mastersor guardians 162

License or dispensationnot to evadesuch notice 162

Within the degreesof consanguinityor affinity declaredvoid 179

Table of suchdegrees 179Governor to grant a divorce for inces-

tuous 179Partiesto incestuous,to be fined 179Bigamous,void 183

MARRIAGE SETTLEMENTS. SeeDower.

Lands coveredby, not to be sold byorder of Orphans’ court for pay-ment of intestate’s debts or main-tenance, education or binding outof his children or for improving res-idueof estate 203

MARRIED WOMEN. SeeF’eme Covert.

MARSHES. See Firing of Woods andMarshes,

MASKS.

Punishmentfor engagingIn 5, 186

MASTER AND APPRENTICE. SeeAp-prentices.

MASTER AND SERVANT.

Masters not to compel servants towork on Sunday 4

Femaleservant to serveanextra yearupon conviction of bastardyduring

servitude 6Punishmentof servant for assaulting

Or menacing master ... 13Satisfaction to be made by servant

to master for loss by imprisonmentof theformer for assaultingor men-acing the latter 13

Punishment for servants marryingwithout master’sconsent 22, 161

Penalty for taking in marriagea ser-vant without master’s consent 22

Penaltyfor performingmarriagecere-mony without master’sconsent 22

Page.

MASTER AND SERVANT.—MASTER.When mastershall be liable for ser-

vant’s county poll tax 36Servant to repay masterby work or

otherwise 36Free personmarrying sucha servant,

how punished 161-62Punishmentof suchservant 162Application of penalties 162Single woman bound servant having

a child during time of servitude toserve such additional time as thecourt of quarter sessionsshall fix,. 182

Master of negro guilty of robbery orlarceny to make satisfaction toparty wronged 235

Satisfaction to be recovered by dis-tress of master’s goods and chat-tels 235

MASTER AND SERVANT—BOND SER-VANT.

Exempted from liability to countypoll tax for one year after becom-ing freemen, 35

Servant not to be sold to non resi-dents without his consentand thatof two justices of thepeace 54

Penalty for violation 55Penalty to be levied by distress and

sale 65Not to be assignedexcept in presence

of a justice of the peace 55Penalty for violation 55Penalty to be levied by distressand

sale 55Who shall faithfully servefour years

or more, at expiration of servitudeto have a discharge and certainclothesand tools 55

Penalty for fugitive 55Rewardfor apprehendingfugitive, .. 55Penalty for concealingfugitive 56Penalty for justice of the peaceneg-

lecting to issue warrant for fugi-tive 56

Penalty for sheriff neglecting to no-tify masterof apprehensionof fugi-tive 56

Penalty for dealing in any kind ofgoodswith a, without master’scon-sent 56

Jnaex. 635Page.

MASTER AND SERVANT—.MASTER.Penalty for, selling to non-residenta

bond servant without his consentand that of two justices of thepeace 54

Penalty for, assigning a bond ser-vant except in presenceof a justiceof the peace 55

Penaltiesabove to be levied by dis-tress and sale 55

Requiredto give bond servant faith-fully serving four or more yeats adischarge and certain clothes andtools upon expiration of servitude,. 55

To pay sheriff a fee and costs for de-taining fugitive bond servant 55

To recovertreble value of goodsandchattels sold or tradedwithout hisconsentby bond servant from pur-chaser 56

To have satisfaction by servitudefrom bond servant to doublevalueof goods and chattels sold or tradedby servant without master’s con-sent 56

To make satisfactionfor larceny com-mitted by negro servantor slave,.. 79

Goods and chattels of, liable to dis-tress and sale to make such satis-faction 79

MASTER OF THE ROLLS. See Oaths;Attest.

Form of attest to be taken by,.,., 40, 269Feesof, regulated 139, 233To be recorderfor thewhole province,

with office at Philadelphia, . .211, 353-54To appointdeputiesin eachcounty,211,254To give bond in five hundredpounds 211-12, 354

For what uses 212Penalty for acting without first giv-

ing bond 212, 354Application of penalty 212, 354Table of fees to be constantly ex-

posed to public view in his office,.. 348No fees to be demandedwithout a



charging 348Penalty for secondoffense 348

MASTER OF THE ROLLS.—Continued.Page

Application of penalty 348Punishmentfor third offense 348To beappointedby the governor 354To be responsible for his deputies’

acts 354To hand over to his successorthe

munimentsof his office 354Unlessthey be destroyedby accident,854Additional fees for deeds, &c., un-

claimedwithin a limited time 255How recoverable 355

MASTERS OF SHIPSAND VESSELS.

To deliver all lettersbrought over tothe general post office or its repre-sentatives 60

Exceptions 60Penalty for neglect 60Penalty recoverableby bill, plaint or

information 60Feefor eachletter 60All, bound in or out to repof~tto royal

collector of customsat Newcastle.. 82Penalty for neglect 82How recoverable 82Exception 82Application of penalty 82Not to convey any personwithout a

passout of the province and terri-tories 84, 228

Penalty for violation 84, 228All, upon entry to give bond to ob-

servethe laws of the province 84Penalty for refusal 84Application of penalty 84Not to land any person after his ar-

rival until he makes written decla-ration to a magistrateof the namesof all passengersand crew duringthe voyage 101

And answersupon attest such ques-tions as said magistrate shall de-mandconcerningsaid persons 101

Penalty for neglect 101Application of penalty 101Knowingly importing or landing any

one suspectedof piracy and fail-ing to deliver suspect to a mag-istrate to be deemedaccessaryandconfederateand to be punishedac-cordingly 101

636 Index.

Page.MASTERSOF SHIPS,&c.—Continued.

Grounds for suchsuspiciondefined, .. 101Prohibited from firing guns within

certain hours 420Penalty for violation 420To report number of negro or Indian

slaves in cargo and to whom theyare consigned 433

MAYOR. SeePhiladelphia.

MEASURES.

Useof beerandwine, in the retailingof beerand ale regulated 222

MEETINGS.Punishment of negroes for holding

unlawful 79

MEMBERS OF GENERAL ASSEMBLY.

See General Assembly.At least three in every county to

summon not less than four free-holders, with whom they shall forma board of special provincial taxassessors 115

Penalty for refusing or neglecting toserve 116

MENACE.Punishmentfor, by child to parent,.. 13Penalty for, to a magistrate 13Punishmentfor, by servantto master, 13

MERCHANDISE.

When exemptedfrom fines. Chapter37 and note 44

MERCHANTS. See Trade.

In causesbetween,andseamenplead-ing before county court, the com-mon law to be followed 149

County courtsto give summaryjudg-ment in causesbetweenmerchantsand seamen not cognizable bycourt of admiralty 149

MESNE PROFITS.Recoverable 209

MESSAGESTO THE INDIANS. SeeIn-dians.

MILEAGE.Page.

Allowed to members of general as-sembly 26, 221

Allowed to appraisersof goods andchattelstaken in execution 46

Allowed to recorder of deeds or hisdeputy for attendance at the ac-knowledgmentor proving of deeds,207

MILITIA LAWS.

Masters of apprenticesand servantswho have run awayand enlistedinthe Queen’sservice in New Jerseyto be compensated,and amountthereto prescribed 398

Exception 389

MILL DAMS.

Not affectedby theact againstweirs, 75

MILL RACES.

Crossing highways to be bridged 74Not affectedby theact againstweirs, 75

MINOR. See Guardian and Ward.

When to chooseguardians or tutors, 157Orphans’ court, when to select guar-

dians or tutors for 157Orphans’ court to direct the appren-

ticing of 157Bights of, not to be prejudiced by

deedsduly acknowledgedor provedand recQrded 209, 852

MONEY. SeeCoin; Produce.

Rates of, in paymentsmadeupon ex-isting contractsregulated 276, 295

Value of certain coins regulated,..277, 295Debtor discharged where creditor

exacts, at other than prescribedrate 296

The feesandsalariesof public officersto be payable in, at prescribedrate, 296

All contractspayable in, specified,... 296Manufacturer of official scales for

the weighing, provided for 297

MONEY WEIGHTS. See Weights andMeasures.

MONTHS.

May be legally called First, Second,&c.. beginning with March 20

MORTGAGES.

Indcx.

Pege.

To be acknowledged and deliveredin opencourt 131

To berecordedwheretheland lies, ... 210Satisfaction to be entered on the

record by the mortgagee 210, 313Effect thereof 211Penalty for refusal to enter satis-

faction 211, 153How recoverable 211Application of penalty 353

Notice of saleunder foreclosureto bepublished 248

Surplusderivedfrom foreclosuresalesto belongto the debtoror defendant,248

Foreclosure to be had on twelvemonths’ default 247

Procedure under foreclosure regu-lated 247, 248

Pleas permissible to the defendantafter appearancein foreclosurepro-ceedings 247

Purchasers of land at foreclosuresalesto take the estateof themort-gagoronly 248-49

After payment of surplus in foreclos-ure, sheriff to be discharged 248

Reversal of judgment of foreclosureto require restitution of price real-ized only 249

Fees for entering satisfaction 349Mortgageeto have reasonablecharges

for his trouble 353Wherein the months are named nu-

merically, declaredvalid for all pur-posesat law 164

MURDER. SeeHomicide.

Negro charged with, to be tried byspecial court 78, 235

Negro guilty of, to be punished bydeath 78, 235

Only cognizablein supremecourt, 134, 149Cognizableby special courts of oyer

and terminer 311

NATAL,

N.

Trade with, prohibited 104Penalty for violation 104Application of penalty, 104

NATIVES. SeeIndians.

637

Page.

NATURALIZATION.Eligibility to sit in, or vote for mem-

bers of, assemblyacquiredby 25To begrantedby the proprietary and

governor or lieutenant-governor,... 30Greatseal to be affixed to certificate

of 30Who shall be entitled to 30Declarationto be madeupon 30Rightsand immunities acquired by,.. 30Feesfor 30, 300Not to give powersor privileges for-

biddenby ~ct of parliament 30Aliens settled before royal grant to

Penn declarednaturalized 31Of certain alien Protestants 299How to be accomplished 299b’eestherefor 300

NAVAL OFFICER.

To take bond from mastersof incom-ing vessels for observanceof pro-vincial laws 84

NAVAL OFFICDRS, ROYAL, OF THEPORTS.


to public view in their offices 348No feesto be demandedwithout a bill

of particulars 348Receipts for amount of fees to be



N. B.—This seemsto beultra sires.

NE EXEAT. See Departersout of theProvince.

NEGROES. See Court for Trial of Ne-groes.

Negrobond servantto bewhippedfordealing in goodsand chattelswith-out master’s consent 56

Guilty of rapeupon a white punishedby death 79, 235

Guilty of murder punished bydeath 79, 235

638 Index.Page.

NEGROES.—Continued.

Guilty of buggery punished bydeath 79, 235

Guilty of burglary punished bydeath 79, 235

Guilty of attempt at rape upon a.white punishedby castration 79

Guilty of larceny to be whipped atdiscretion of specialcourt 79

Guilty of carrying arms without li-censeto be whipped 79, 235

Guilty of meeting together in unlaw-ful numbersto be whipped 79, 236

Duty to be levied on 107, 194Convictedof attempt of rape upon a

white or of robberyor theft exceed-ing the value of five pounds to bepunished by whipping, brandingand deportation 235

To be imprisoned at their masters’ orowners’ expenseuntil deported 235

Convicted of robbery or theft underthe value of five poundsto be pun-ished by whipping 235

Convicted of firing guns in Philadel-phia to be whipped 426

NESHAMINY CREEK.

Ferry over, to beestablished 76In caseof refusal by inhabitants to

keep a ferry over, any one may doso on certain conditions 76

Ratesof ferry over, regulated,..17, 429-30

NEW BRISTOL. See Bristol.

Rate for issuanceof license for pub-lic inn, &c 358

Regulationof ferry over 429-30

NEWCASTLE.

Inhabitantsof, to plant certainkindsof trees in front of their houses,... 66

All persons forbidden to “fire theirchimneys” or to allow them to be-come inflammably foul 67, 163

Penalty for violation 67Every owner or tenant of a dwelling

house to keep a swab of certainlength and two leather buckets, ... 67-8

Penalty for neglect 68All masters of ships and vessels

bound in or out to report at 82

Page.

NJ1IWcIASTLE.—Continued.Two-thirds of fines for violation of

this act to estreat to the countycourt for the useof the town of,... 82

Swine illegally running at large tobe forfeited

Provisions againstfire in 163Penalty for neglect, 163Application of penalties 163

NEWCASTLE COUNTY. See Govern-ment of Newcastle,Kent and Sussexupon Delaware.

Timefor holding supremecourt in, 135, 151Certain animals not to run at large

in 165Penalty for neglect by owner 165Application of penalty 165Boundsof, limited lOS

NEW JERSEY, WEST.Certainimports from, exemptedfrom

duty 106Exporter of winesand spirits collect-

ing legal rebateto givesecurity notto land the samein 106

NEXT OF KIN.Limit of representationin distri~u-

tion of intestate’sestates 83

NINEPINS.Penalty for public housekeepersper-

mitting playing 186Penalty for playing 186-87

NINEPOLES.



NON-OBSTANTE CLAUSE.

Use of, 24, 39, 70, 88, 93, 95, 98, 109, 180, 141159, 160, 164, 169, 177, 1811, 195, 222, 242, 348,354, 369, 873, 424, 427 and432.

NON-RESIDENT.

Subjectto writ of foreign attachment, 29Not to trade with the Indians under

penalty 140Exceptions 140Application of penalty 141Personalty of, liable to attachment

for arrearsof propretaryquit-rents, 227

Page.NON-RESIDENT.—Continued.

Realty of, liable to attachment andsale for threeyears’ arrearsof pro-prietary quit-rents or taxes 227

Sevenyears’ quiet possessionof landnot to bar rights of, , 237

NON-RESIDENT MERCHANTS. SeeTrade.

NOTICE. See Advertisement.

NUISANCE.Penalty for obstructing highways,How recoveredApplication ofSetting off fireworks in certain places

to bedeemeda 362In streets of Philadelphia to be

abatedunderpenalty 420

NUNCUPATIVE WILLS. See Wills,Nuncupative.

0.

OATH OF ALLEGIANCE. SeeDeclara-tion of Allegiance.

OATH OF OFFICE. See Attest; Oaths.

OATHS. SeeAttest.May be administered and taken by

such a,v have no religious scruplesagainstso doing 41, 356

To beact of administeringmagistrateonly 41, 271

To be so recorded 42To be evidenceout of court 42If administered in court, to be as

valid as if donein nameof court,.. 42Special forms of, to qualify public

officers having conscientiousscru-ples 267-68

Falseaffirmations madepunishableasperjury 271

Official, of sheriff and coroner pre-scribed 274

To be taken by certain alien Protes-tants upon naturalization 299

OBLIGATION.Debts of, to be paid fifth in settle-

ment of decedent’sestates 32

OFFICE,

639

Page.OFFICERS, PUBLIC. SeePublic Officers.

OIL. SeeCask.

ORPHANS’ COURT. See Court, Or-phans’.

OUTHOUSES,BURNING OF. SeeArson.

OUTLAWRY.i’ LeeXZI~11 hot to be outlawed except

by the laws of this provinceor tilltried by jury 18

Freemenexemptfrom, exceptby actof assemblyor trial by jury or byadmiralty 859

OVERPLUS.Of sale of defaulting taxpayer’sgoods

and chattels to be returned toowner, 38

Arising from sale of goodsandchat-tels takenin executionto bereturnedto owner 46

In salesof realty takr’ In execution,creditor not obliged to pay 54

Of sale of goods and chattels of de-faulting payer of certain city andtown taxes to bereturnedto owner, 66

Saleof goodsand chattelsfor cost ofrepairing partition fencesto be re-turned to owner 72

Of sale of defaulting provincial tax-payer’s goods and chattels to bereturned to owner 112

Of sale of defaulting special provin-cial taxpayer’s goods and chattelsto be returnedto owner 117

Of land on original grants to be re-coveredby the proprietary 120

Of land grantedby a first purchaserto be recovered from mesnepur-chaseror tenant 120-1

Of land conveyedby proprietary orpurchaser, where to be taken offandhow disposedof 121

Of sale of goods and chattels in col-lecting penalty for laboring ortransacting worldly business onSundayto bereturned to offender,.. 176

Derived from foreclosuresalesto be-long to thedebtor or defendant 248

Of resurveyedland, how to be valuedand paid for 407

Proprietary to make good deficiencyfound on resurvey out of acquired,407

Jna’ax.

707070

Grant by the proprietary not to con-stitute warranty of 404

640 Index.

Page.OVERSEEROF HIGHWAYS. SeeHigh-ways.

One to be annuallyappointedin eachprecinct by county court 74

When to be appointed 74To summonupon six days’ notice all

the inhabitants of his precinct towork upon the highways 74

Penalty for neglect by 74Penalty to be levied by distressand

sale 1~4To order building and to maintain

bridgesover mill raceson highways(roadsinto main roads) 74

OVERSEERS OF THE POOR. See Poor.

To relieve the poor upon their com-plaint 20

To be reimbursedfor moneyadvancedfor relief of poor before other pay-ments of county funds 20, 37

To beappointedin every townshipbythe commissionof thepeacefor thecounty 251

To levy the poor tax with approvalof justices of the peaceof ~thecoun-ty andcollect the same 252

The amount of the poor rate, howfixed by 252

Children of parents unable to sup-port them may be put to work orbound asapprenticesby 253

Paupers to procure an order for re-lief from two justices of the peacebefore, shall enter their names orgrant relief; penalty for violation,.. 253

To annually present accounts foraudit by the justice of the peace,... 263

Penalty for neglect 254Mayor and aldermenof Philadelphia

to enforce laws for the support ofthe poor 254

OYER AND TERMINER, COURT OF.SeeCourts.

P.

PARENT AND CHILD.

Parents not to compel children towork on Sunday

PARENT AND CHILD.—Continued.

Punishmentof child for assaultingormenacingparent 11

Parents to be consultedbefore mar-riage 21, 161

Settlementsupon and advancementsto a chiid to be deductedin distri-bution of intestates’ estates 32 201

Settlementsupon a child not to pre-ventparticipation in distribution ofintestates’ estateswhere the valueof the share exceeds the settle-ment,(; 32, 201

Freemenover sixteenyearsof age nototherwise ratable, if under tuitionof or assistantsto parents,or hav-ing children to maintain, exemptedfrom tax 36, 115

Realty of intestate may be sold formaintenanceand education of chil-dren or improvement of estate forbenefit of children 52

Parents, grandparents and childrenof paupersliable for their supportifof sufficient ability 253

Penalty for neglect 253Children of parentsunable to support

them maybe put to work or boundas apprenticesby overseersof thepoor 258

PARLIAMENT. SeeActs of Parliament.

PARTIES.Defendantin actionof foreign attach-

ment defined 23Garnisheein action of foreign attach-

ment defined 28

PARTITION. See Land; Decedents’Es-tates; Intestntes’ Estates; Orphans’Court; Division Lines.

Of intestates’ realty to be made bythe heirs as tenantsin common 204

None to be madeIn casethe heir atlaw will within one year pay theappraised value of the widow’sdower and other children’s shares,.205

Between co-partners, joint tenantsand tenantsin common regulated... 227

Practice in, to be regulated by Eng-lish statutes 337

Page.

4

Index. 641

PARTNERSHIP. See Land.

Between co-partners, joint tenantsand tenantsin commonregulated,.. 327

PARTY WALLS.Regulationof, in Philadelphia 368Compensationfor theuseof 368In caseof dispute concerning, com-

plaint to be made to one of thealdermeii 369

PASS.

All persons forbidden to leave theprovince without a 84

Travelersand immigrants unable togive a satisfactoryaccountof them-selves and not having a, or over-staying the time thereinlimited, lia-ble to arrest 102

PATENTS. See Deeds; Land Warrants;Land.

PAUPERS. See Poor.

PAVING.

Pitching, and graveling of streets incities andtowns to be regulatedbysupervisors 65

PAYMENT.

Classification and priority of dece-dents’ debts 32

Of debts subsequentlyproved, to besecuredin intestates’estatesby dis-tributee 34

When to be pleaded 241, 318Being proved, no cQstsrecoverableby

plaintiff 241Payments made otherwise than in

prescribedmoneyat any other thanprescribedrates forbidden 295

Debtor discharged where creditorexacts money at other than pre-scribed rate 296

Proviso saving ‘contracts made pay-able in moneyof a different value,.. 296

When, of judgment is made, ball onappealnot demandable 319

PERJURY. SeeCriminal Law. Page,

h’unishmpnt for 47Penalty for, by exporter as to value

of deerskins 107Penalty for 133By intending voter at election for

membersof assemblyas to his qual-ifications to be punished as by thelaws of England 215

Subornation of, in like case to bepunishedin like manner 215

False evidence by attested witnesspunishedas, in accordancewith thelaws of. GreatBritain 357, 426

PERSONALLIBERTY.

Freemennot to be deprivedof, exceptby trial by jury or laws of pro-vince 18, 359

PERSONSBEYOND THE SEA.

Rights of, not to be prejudiced bydeedsduly acknowledgedor provedand recorded 122, 209, 352

Sevenyears’ quiet possessionof landnot to bar rights of 132, 237

PETITION.Appeal from countycourt to supreme

courttobebroughtby, bill or plaint, 150

PETIT LARCENY. See Larceny, Petit.

PHILADELPHIA, CITY OF.

Inhabitants of, to plant certain kindsof trees in front of their houses,... 66

Penalty for firing chimneys 67, 163Provisions against fire In 68, 163Penalty for illegal storage.of gun-

powder 68, 163Penaltyfor smokingin the streetsof, 163Application of penalties 163Justicesof, to procure hooks for de-

molishing housesin caseof fire 103Hooks, how paid for 164Certain animals not to run at large

in, 165, 263Penalty for neglectby owner 165, 263Application of penalty 165Boundsof, limited 165To elect two members of assembly

annually 213Place of holding elections In, desig-

nated 213

Page.

PENN, WILLIAM. See Proprietary.

Indez.

Page.PHILADELPHIA, CITY OF.—Continued.

Who shall be eligible 213Qualifications of electors 213Mayor and aldermen of, to enforce

1’ws for the supportof the poor 254

Sheriff andcoroner of, county to holdthe sameoffice for thecity 275

Sheriff of, to bewater-bailiff also,andto reside in the city 275

Feesfor liquor licenses in, regulated,291Certaincourts not to abridgecharter

powers of the 313Duties of mayor, recorderand alder-

men of, as to writs of error in cer-tain criminal cases 314

Rate for issuanceof license for pub-lic inn, &c 368

Charterprivilegesnot to be barredbytheactfor grantinglicensesfor saleof liquors 358

Mayor of the, empowered to enterhousessuspectedof permitting ille-gal games 360

Regulationof party walls and build-ings in 368

Appointment of surveyors of build-ings or regulators in 868

Aldermen to notfy regulators ofparty walls in caseof dispute 369

Commissionersappointed to compelthe collection of arrears of taxesin 370-71

To meetat, and settleaccountsof ar-rearsof taxes 871

Ratesof taxesIn, for public improve-ments 414

City of, governmentof 414-19Assessorsin, how chosen 414Number of assessorsfixed 414

None but freeholderseligible to elec-tion 414

Time of election 414To be certified to the corporation at

the next general sessions of thepeace 414-15

The corporation with the assistanceof the assessorsto calculate thecity’s annual expenses 415

Not lessthan four of the assessorstoact 415

Corporationto act with 415

Page.

PHILADELPHIA, CITY OF.—Continued.

To calculate city debt and amountnecessary to be raised for publicworks 415

Constablesto make return to asses-sorsof all taxablesin their wards,.. 415

Compensationfor so doing 415Treasurerto be appointedby city as-

sessors 416Duties of 416Compensationof 416Rate of tax not to exceedtwo pence

per pound 416Exemption 416Poll-tax of inhabitants 416

Pound-ta~cof inhabitants 416At least four assessorsto make as-

sessment 416Collectorsof taxesto he appointedby

assessors 416Delinquent~taxes to be collected by

distress and sale 416

For want of distress by imprison-ment of person 416

Mayor, recorder and at least twoaldermento confirm assessment,... 416

The sameto appoint collectors in caseof neglect by assessors 410, 418

How collectors shall be appointed incaseof neglect by mayor, &c., . .416, 418

Compensationof assessors 417Collectors to make payment to city

treasurer 417Treasurer’s receipt to be a sufficient

discharge 417Collectorsto notify personsrated 417

How notice shall beservedduring ab-senceof personsrated 417

Appeals from assessments to beheard 417

Time for appealsregulated 417

Assessorsto determine all such ap-peals 417

Collectors to proceed to collect im-mediatelyafter determinationof ap-peals 417

Collectors, compensationof 417

Collectors neglecting to• enforce as-sessnientliable to penalty 417

Penalty to be leviedby sheriff by war-rant from mayor 418

Index,

PHILADELPHIA COUNTY.

PIGS. See Swine.

PLEA.

643

It

Page.

PIECES OF EIGHT.

Value of, regulated 88

Page.

PHILADELPHIA, CITY OF.—Continued.To be levied upon goods and chat-

tels, or for want thereof upon de-linquent 418

Collectors empowered to distrainupon delinquent taxpayer withoutwarrant 418

Uponneglect of inhabitantsto chooseassessors,the same shall be ap-pointed by the mayor, recorder,aldermenandgrandjury 413

Inhabitantsof, to be taxedfor certainpurposes 185, 418

When mayor, recorder and aldermenwith grand jury may act as asses-sors 418

Inhabitants of, not exempted fromcounty and other taxes 418

Penalty for neglect to pay fines aris-ing in 419

Mayor and commonalty of the, em-poweredto employ the poor 420

Mayor and commonalty of the, tocompelvagrantsto work 420

Mayor and commonalty of the, toregulateshambles,market tolls andwharfage 414-15, 420-21

Exceptions 421

PILLORY.

Discretionary power of court to pun-ish certain offensesby 16

Standing gaggedin public place 85Alternate punishmentfor scolding or

being clamorouswith the tongue,.. 85

PIPE STAVES. SeeStaves,Pipe.

PIRATES. SeeAccessary.

Grounds for suspecting persons tobe, defined 101

Suspectedpersonsto be delivered toa magistrateandbe detainedpend-ing the action of the proprietaryand governor or lieutenant-gov-ernor ioi

Suspected,to be arresteduponprocla-mation~orwrit of pursuicissued bygovernorof neighboringprovinceorcolony 104

PIRATES, ACCESSARYAND CONFED-ERATE OF.

When any person shall be deemedand punishedas 101

PITOHING OF STREETS. SeePaving.

PLAINT.

Appeal from county court to supremecourt to be broughtby petition, billor 150

PLAYS.Riotous,punished 186

Procedureon garnishee’spleadingnogoods in action of foreign attach-ment and the contrary beingproved 28

Of set-off allowable, 45, 241Brevity, plainnessand verity to be

observed in the declarations andpleasin county court 149

Permissibleto the defendantaft?r ap-pearancein foreclosureproceedings,247

Dilatory, not to be received exceptwhen supportedby affidavit 316

Swine illegally running at largewith-in certain parts of, to be forfeited, 93

Amount of special provincial tax tobe raised in 114

Number of representativesin assem-bly fixed 213

Place of holding elections in, desig-nated 213

Manner of harnessing teams toheavily laden wagons,&c., in, regu-lated 257

Penalty for violation 257Application of penalty 257

Feesof county olerks for furnishingduplicatesof assessmentsof taxes,259

Termj of court of quarter-sessionslimited to threedays in 313

Hoc~transcript of record of lowercourt in, to be madeup In writs oferror in certain criminal cases 314

41—I

644 Index.Page.

PLEADING. SeeJudgment’.

Personssuedunderthe provincial taxact may plead the general Issue,... 113

Personssued under the special pro-vincial tax act may plead the gen-eral issue 117

All persons entitled to plead theirown cause, if unable so to do tohave friends plead for them 128

Plaintiff to declare his belief in thejustice of his case 128

Filing declarationin actionof debt,... 130Brevity, plainness and verity to be

observed In the declarations andpleasin county court 149

Fiction and color in pleading to beavoided 149

At common law to be followed incausesin the county court betweenmerchantsand seamen 149

Administrators’ bonds pleadable incourt 200

Payment,whenallowable 241Necessaryavermentsby a creditor be-

fore warrant of arrestwill issue, ... 250How officers sued for acts done in

collecting certain taxesto plead, ... 284In common pleas courts regulated,.. 316In replevin and other actions regu-

lated 316When advantagecannot be taken of

Inaccuraciesor defects in, or prac-tice 817

When demurrerwill lie to omissionsor defectsin 317

Breachesassignablein 317


What the declarationof personsun-justly disseizedof lands must con-tain 380


Allowed in unlawful suits to collecttaxes 398

Pleasadmissible to deny the opera-tion of grants of land by the pro-prietary 402

PLEADING IN EQUITY.

How conducted 150

Page.PLOTTING AGAINST PROPRIETARY

AND GOVERNOR. See Proprietaryand Governor.

POLL-TAX. SeeTaxes.

POOR.

Justicesof thepeaceand overseersofthe, upon complaint, to relieve the, 20

Justicesof the peaceof the severalcountiesto appoint overseersof the,in theseveraltownshipsthereofan-nually in March 251

Rate of taxation in townshipsfor sup-port of the, fixed 251

Overseersof the, to levy the, tax withapproval of justices of the peaceofthe county, andprocessby which itis to be collectedregulated 252

Delinquent, -tax payers liable to dis-tressor imprisonment of person,... 252

Appeal from assessmentof, tax to beto the court of, quarter-sessions 252

Distress to be suspendedpendingap-peal 252

How overseersare to fix the amountof the, rate 252

Grandparents and children of pau-pers liable for their support If ofsufficient ability; penalty for fail-

ure 253Children of parentsunable to support

them may be put to work or boundas apprenticesby overseersof the,.. 253

Paupersto procure an order for re-lief from two justices of the peacebefore overseers shall enter theirnames or grant relief; penalty for

failure 253Justices of the peace annually to

audit accountsof overseersof the,and to imposepenaltiesfor thefall-ure to presentthe same 253

Penalties to which overseersof the,becomeliable for failing to presenttheir accounts,andmethods of col-lecting such penalties regulated,... 254

Mayor and aldermen of Philadelphiato have jurisdiction of justices ofthe peace of counties to enforcelaws for the supportof the 254

Jndex 645

POOR.—Continued.Page.

One-halfof valueof swine found run-ning at large in Philadelphia,Ches-ter or Bristol to go to the poor ofsuch towns 263

The corporation of Philadelphia em-poweredto employ the 420

PORK. See Cask.

Not to be exported until viewed,packed or repackedand markedbyinspector 96

Penalty for shipping unmarked 96

POSSESSION.

Sevenyears’ quiet, under equitableright to give unquestionabletitleto realty 119

POSTMASTER. SeePostOffice.

Dutiesof 58One-half of fines arising under post-

office act to estreatto 60

POSTOFFICE.A general, established at Philadel-

phia 58Ratesof postageestablished 58Letters, &c., not called for within

forty-eight hours to besentto houseof addressee 59

Additional chargefor so doing 59Personaandtheir horseor horsesem-

ployed on post stages (routes) ex-emptedfrom ferriage 59

Penalty for all personsconcernedinferry for refusing or delaying toconvey mail carriersand horses, .. - 59

Proprietary and governor’s mail tobe free 59

Penalty recoverableby bill, plaint orinformation 60

Mastersof all vesselsto deliver everyletter conveyedby them to the gen-eral, or its representatives 60

Exceptions 60Penaltyfor neglect 60Recoverableby bill, plaint or infor-

mation 60Masterto receiveonepenny for every

letter deliveredto postmasterTo bepaid by postmaster

POSTOFFICE.—Continued.Page,

All personsforbidden to carry or de-liver letters for hire 61

Exceptions 61Penaltyfor violation 61All persons forbidden to set up any

kind of post by seaor land 61Penalty for violation 61Penalty recoverableby bill, plaint or

information 61Duration of act 61

POUND-TAX.To be raised in Philadelphia 416

POWER OF AGENCY.Wherein the months are named nu-


POWEROF ATTORNEY. SeeAttorneys-in-Fact.

PRACTICE. SeeEssoin;Appeal; Courts;Equity; Execution; Rules of Court;Coats; Service of Process.

For debt under forty shillings com-plaint may be made to one justiceof thepeace 43

Appeal from county court to supremecourt ‘to be broughtby petition, billor plaint 150

Regulated 150Where defendantIn foreclosurepro-

ceedingsfalls to appear,judgmentto ‘be renderedupon such scire fcz-alas, inquest to be appointed anUexecutionby 1evcr1 fades to follow,and propertyto be sold 248

Actions for debt to becommencedbysummons 250

Exceptions 250Power of judgesof supremecourt to

regulatehearingsin vacations 307In common pleas courts regulated,315-16Judgments by default in common

pleascourts authorized 316When jury may view premises in

controversy 316When advantagecannot be taken of

inaccuraciesor defects in pleadingor 317

When demurrerwill lie to omissionsor defectsin pleading 317

6060

646 Index.

PRACTICE.—Continued.

Breachesassignablein, andjudgmentto be renderedthereafter 317

Motions in arrest of judgment regu-lated 319

Writ of error to avoid judgment reg-ulated and method of appealpre-scribed 319

Whenomissionswithin thestatutesofjeofails not to warrant reversal 320

No judgment to be enteredof recordunlesssignedby a justice 324

Capiatuy upon judgment regulated,.. 324Entry thereof In vacation to be dated, 324In executingwrits of inquiry of dam-

ages regulated 324Subpoenas may issue to witnesses

residing in anothercounty 324Execution to issue upon judgment,

and practice to follow that of GreatBritain 325

When andhow alias writ of executionto issue 325

Specialsessionsto be heldfor defend-antsabout to depart from the pro-vince after bail given and double

feespaid 320In partition to be asprovided in Eng-

lish statutes 327In court of common pleas sitting in

equity to be like that in the highcourt of chanceryin GreatBritain,. 328

Processof courts of common pleassitting in equity to be equally validin any other county 328

Power granted to judges to makerules of court 380


PRECEPT.

For appraisementto be granted incasethe garnisheeplead no goodsand thecontrary be proved 232

PRESENTMENT,

No person required to answer to a,unless it contains the prosecutor’sname 243

PRESENTMENTSTO GRAND JIJRT.

Limited 24

Page.

PRIMOGENITURE.

Eldest child if a son to have doubleportion in distribution of intestates’estates

PRINCIPAL AND AGENT. SeeAttor-ney-in-Fact.

PRISON. SeeCounty Prisons,

PRISONERS.Jailers not to oppressTo freely provide themselves with

bedding,food, &c. 100Rights of, not to be prejudiced by

deeds duly acknowledgedor provedand recorded 209, 352

“To be free as to room,” 243To be at liberty to provide theni-

selveswith bedding,food, &c 243To be allowed two pence per day

from thepublic funds 243

PRIVATE ACT.

For the sale of the court-house andprison in Chester 167

Old court-houseand groundsin Ches-ter county vested in Ralph Fish-bourn 291

For the naturalizationof certain per-sons 297

PRIVY SEAL.

Punishmentfor counterfeiting 17, 241Application of penalty 241

PRIZES.

Punishment for playing 5, 186

PROBATE 013’ WILLS. SeeWills.

PROCEDURE. See Essoin; Wager atLaw; Jury in Criminal Courts; GrandJury.

In binding to the peace 23Indictment for trespasslimited 24Presentmentto grand jury limited,.. 24In action of foreign attachmentregu-

lated, 27Where garnisheepleadsno goodsand

the contrary be proved 28On appointment of appraisers of

goods and chattelstaken in execu-tion 46

Page.

Index.

PROCEDURE.—Continued.Page.

Two witnessesrequiredto convict inall criminal cases . 47

Prosecution for plotting or conspir-ing against the proprietary andgovernor to be begun within sixmonthsafter the first offense 53

Indictment for plotting or conspiringagainst the proprietary and gov-ernor to befound within six monthsafter prosecutionsbegun 53

For recovery of fine under post-of-fice act to be by bill, plaint or in-formation 60

For recovery of fine for masterof avesselneglectingto report at New-castle to be by bill, plaint or infor-mation 82

Regulatedin civil cases 128In acknowledgingdeedsof sale,mort-

gages,settlementsandconveyances,131For recoveryof arrearsof proprietary

quit-rents 224In prosecution for indulging in un-

lawful games 361On caveats 423On distribution of decedent’sestate,..423In giving evidence 426

PROCESS. SeeWarrant; Distress;Sale;Execution;Protection,Writ of; Servic~of Process.

shillings 19Writs of foreign attachment to he

servedby sheriff or coronerDistressandsale to Issueagainstde-faulting taxpayer

Appointment of appraisersof goodsand chattels taken in execution 46

To be awarded by justices of thecounty cburts 149

Of former county courts to be oh.servedby county court 149

To he awardedby judges of countycourts in casesbetweenmerchantsand seamenas upon judgments atcommon law 149

Service of, on Sundayprohibited 176Sdch servicevoid 176Exceptions 176

One justice of the peaceto issuewar-rant to levy fines under twenty

PROCESS.—Continued.Page.

Liability for suchservice 177Mannerof executingwrits of attach-

ment 232How, from courts of common pleas

to issue 315Subpoenasto issueto witnessesresid-

ing in anothercounty 324Of courts of common pleas sitting in

equity to be equally valid in anyother county 328

Against delinquent taxpayer to ex-tend throughout theprovince 879

PROCHEIN AMY. See Guardian andWard.

PROCLAMATION.

By governor of a neighboring pro-vince or colony for apprehensionofsuspectedpirates madeeffective inPennsylvania,&c 104

PRODUCE.

Whenreceivablefor taxes 38, 113, 117Merchantablecountry, to pass cur-

rent as money in the governmentof Newcastle,Kent and SussexuponDelaware 126

What shall be deemedmerchantablecountry 126

When debtorhasseveralkinds of, thecreditor may elect which to takefor his debt 126

Except where contract is made forcoin 126

PROFANENESS.

Defined 49Punishment for profanely swearing

by God, Christ or Jesus 49Punishmentfor any other form of,.. 50

PROHIBITION, WRIT OF.

Jurisdiction of judgesof the supremecourt to issue 301

PROPRIETARY.

Permission from, required to makevalid purchasesof land from In-dians 18

Debts due to the, to be paid secondin settlementof decedents’estates, 32

2?

Index.648

Page.PROPRIETARY.—Continued.

Realty of intestates without heirsheld of, to revert to 33

Personaltyof intestateswithout heirsto escheatto 33

To receive all revenuearising fromtariff or internal revenue 108

To appoint receiverof suchrevenue,.. 108

With advice and consent of councilto regulate manner of payment ofinternal revenue 108

All goods brought In without pay-ment of duty to be forfeited to the, 108

Grant of two thousandpoundsto tl~e,114

To appoint receivers of special pro-vincial tax 116

‘To confirm title to land after sevenyears’ possessionupon an equitable

• right 119Empowered to order resurvey of all

grants within two years aftermaking them 319

To have overplusof land upon resur-vey unlesspaid for it by possessor,.120

To make good deficiencies found onresurvey 120

Overplusdue, on resurvey, how to betaken off 120

To order a resurvey of originaigrants (where overplus is suspect-ed) 121

To appoint provincial receiver-gen-eral 223

May appoint collectors of quit-rentswho shall act as deputiesof the re-ceiver-general 223

Where no distress for quit-rents canbe found, the proprietary to proceedby an action of debt 224

And if the debt be not fully paid,suchaction to be no bar to furtherproceedingsby the 224

Arrears of special provincial tax reg-ulated 264

Row such taxes unaccountedfor bycollectors shall be treated 265

Provisions for collecting arrears of,taxes causedby non-residenceordeathor removalof ownersof land, 265

No lapseof time to bar the collectionof arrearsof, taxes 266

Page.

PROPRIETARY.—Continued.Governorand council to appoint sub-

stitute collectorsof arrearsof, taxes, 266Jurisdiction andduty of county courts

in connectionwith the collecting ofcertainarrearsof, taxes 266

Estate of, exemptedfrom taxes 374Grants of land by, confirmed 400To appoint a register-general 422Exempted from ferriage 428, 430To appoint a ferryman at Lower

Schuylkill ferry in certain cases,...428To appoint substitutes for ferrymen

guilty of neglect 432In caseof death of, lieutenant-gov-

ernor to exercise all powers untilfurther order from the crownor theheirs 438

PROPRIETARY AND GOVERNOR. SeeGovernor.

Forfeitures for incest to estreatto,.. SFee for granting letters of naturali-

zation 30To naturalizealiens 30Half of fine of absenting judge of

county court to be estreatedto 42Penalty for sending or acceptinga

challenge to estreat to 51.Punishmentfor plotting, conspiringor

“endeavoring” against the 52Prosecutionto be begunwithin three

months after the offense is com-mitted 53

Indictment to be found within threemonthsafter prosecutionis begun,.. 53

His mail to be free 60One-half of fines arising under post-

office act to estreatto 60To appoint clerk of the market 62To commission two justices of the

peace to form a court for trial ofnegroes 77

Penaltiesfor violation of quarantineact to estreatto 80

One-third of fines of mastersof ves-sels neglecting to report at New-castle to estreat.to 82

Fines not otherwise disposed of bylaw to estreatto

Fines of masters of vesselsrefusingto give bond to observethe laws oftheprovince to estreatto 84

Index.

PROPRIETARY, &c.—Continued. Page.

To appoint an inspector of moneyweights 87

Two-thirds of penalty for unlawfulinjury to coin to estreatto 88

Penalty for neglect of duty by sealerof weights and measuresto estreatto 89

To have two-thirds of nIl leather orboots made thereof condemnedasill-wrought or ill-tanned and notlegally stamped 91

To have one-half of all swine for-feited for illegally runningat large,. 93

One-half of fines for maintaining apublic house after suppressionbycounty court to estreatto 94

One-half of penalty for trading withMadagascaror Natal to go to 104

Exemptedfrom provincial tax 110

PROPRIETARYQUIT-RENTS. SeeQuit-Rents; Proprietary.

PROSECUTION. SeeProcedure.

PROSECUTOR.To be named in presentments 243Whenliable to doubledamages 243

PROTECTIONAT LAW.Not to be admitted 60, 82, 207, 289, 348,

350, 873, 385, 411, 429, 431, 432, 440

PROTESTANTS. SeeReligious Societies.

PROTHONOTARIES. See Courts.Appointment and duties of, of su-

premecourt regulated 302Misbehaving, to be suspendedor dis-

• chargedand successorsappointed,..329

PROTHONOTARY OF THE SUPREMECOURT.

Feesof, regulated 338Table of, fees to be constantly ex-

posed to public view in his officeand in court during its sitting 348


Receipt for amount of ,fees to begiven, 348

Penalty for negledt, refusal or over-charging 348

Penalty for secondoffense 348Application of penalty 348Punishmentfor third offense 348

649

PROVINCIAL COUNCIL. See Court,Supreme.

Members of, exempt from service ofprocessfor debt during certaia pe-riods 130

PROVINCIAL FUNDS,

Subjectedto certain charges 438

PROVINCIAL SPECIAL TAX ASSES-SORS.

Three of the assemblymenof eachcounty to summonfour freeholders,115

A majority of the sevento act as, ineachcounty 115

Time for meetingof 118By warrant to compel constableto

bring in certified list of all persons(and the value of their property)residingwithin his bailiwick 115

To revise valuationsgiven in consta-bles’ list 115

To use all lawful meansto ascertaintrue valuations 116

To assessthemselves 115To causecounty clerk to preparetax

lists in duplicate 115To fix placeof paymentof tax to pro-

prietary’s receiver 116To appoint collectors 116Feesof, regulated 116To hear appeals 117To abate,defalk, confirm or increase

appealedassessment 117

PROVINCIAL TAX ASSESSORS.

Three justices of the peace of eachcounty to summonfour freeholders,111

A majority of the sevento act as, ineach county 111

Time for meeting of 111By warrant from somejusticesof the

peaceto compel constableto bringin certified list of all persons (andthevalue of their property) residingwithin their bailiwicks 111

To useall lawful meansto ascertaintrue valuations 111

To assessthemselves 111To causecounty clerks to preparetax

lists in duplicate 111To sign tax lists 111To appoint collectors 111

6~o Index.

PROVINCIAL TAX ASSESSORS.---Con-tinued.

Penaltyfor refusal to performor neg-lect of duties 112

To be appointed by governor andcouncil in caseof refusal or neglect, 112

Feesof, regulated 112To fix placefor paymentof taxes 112To hearappeals 113To abate,defalk or confirm appealed

assessment 113

PROVINCIAL TREASURER.

To receive sheriff’s return of certainwrits 33

Appointed 111, 232Vacancyby death to be filled by gov-

ernor and council 111, 387Feeaof, regulated 112, 372, 381, 387Penalty for refusal to perform or

neglect of duty 112Duties of 112, 289, 375, 392, 396-98Toaccountfor finesof delinquenttax-

payers 180, 381To pay warrantsdrawn by the gov-

ernor and council for expensesoftreaties with or messagesto theIndians 230, 366

Providedsuchwarrants do not exceedfifty poundsper annum 230, 366

To give bond 387To pay the lleutenant-governo~cer-

tain moneys 438To pay the orders of the speakerof

assembly 438

PUBLIC EXPOSURE.

Perjurers liable to 133

PUBLIC FORDS. See Highways.

PUBLIC HOUSES. See Inns ~nd Inn-keepers;Tavern; Lodging House; Ale-houseand Restaurant.

Penalty for keepers of, permittingdrinking on Sunday 177

Application of penalty 177To supply travelers, Inmates and

others with victuals, and drink inmoderation,on Sunday 177

Page.PUBLIC HOUSE OF ENTERTAIN-

MENT.

No personshall keep a, without a li-cense 357-58

Penalty for violation 358Ratesfor issuanceof license 358

PUBLIC HOUSE KEEPERS.Penalty for permitting riotous sports,

186

PUBLIC OFFICERS. SeeAttest; Judges;Justice of the Peace; Masters of theRolls; Sheriffa; Clerks; Coroners;Attor-neyat Law; Jury; Constables.

Dischargedfrom office for certain of-fenses 16

Qualification of 39

PUBLIC ROADS. See Highways.

PUBLIC STOCK. SeeCounty Funds.

To defray compensationof receiversof crows’ and blackbirds’ heads 166

How raised 166

PUBLICATION OF INTENTION OFMARRIAGE.

Prescribed 22Method of 22Not to be interfered with by license,

&c. 23

PUNCHEON. See Cask,

PUNISHMENT, UNUSUAL. SeeCaatra-tion; Whipping; Branding; Reproach,Term of; Gagging; Badgeof Thievery;Pillory.

PURCHASER AT SHERIFF’S SALE.To acquireclear title by sheriff’s con-

veyance 54

PURCHASERSOF LAND.

First hundred of, to have priority Ofright to buy more land 121

Limitation of privilege 121

PURSUIT, WRIT OF.

By governor of a naighborlng pro-vince or colony for apprehensionofsuspectedpirates made effective inPennsylvania, 8cc 104

Page.

— ..-1.. -. —.

Index. 651

Q.

QUAKERS. See Friends.

Page.

QUARANTINE.Unhealthy vesselor veaselafrom un-

healthy placesnot to come withinone mile of any town or port with-out a bill of health nor to land pas-sengersor cargowithout license, ... 80

Such license to he grantedfor Phila-delphia by the governor arid coun-cil and for all other placesby twojustices of the peace 80

Penaltyfor violation 80Application of penalty 80

QUARTER-SESSIONS COURT. SeeCourts.

QUIT-RENTS, PROPRIETARY.Collectors of, by whom appointed,...223Receiver-generalor his deputiesto sit

at certain times and places to re-ceive 223-24

Ten days’ noticeof sitting to be given, 2i4Mannerof giving noticeregulated 224Paymentsof, to be enteredin a roll

to be kept in eachcounty 224Personsinterestedto have accessto

such rolls 224Arrears of, to be recovered by dis-

tressas the laws of England directin distraint for rent 224

But if no distressbe found, proprie-tary to recover, by an action ofdebt 224

And if the debtrecoveredbe not fullypaid, such action to be no bar tofurther proceedingsby the proprie-tary 224

Arrears of, not requiredto be paid ata certain place to be recoveredbycollector by distress 224

Or for want of disti-esaby action ofdebt 224

Saving to delinquentall pleas, &c., al-lowedby the laws of England 224

Payablein wheat, and the wheatde-livered at a convenient mill, themiller’s receipt shall be taken inpaymentfor 224

Distressfor arrearsof, not to bemadetill six months after first demand,.225 -

41*_I

Page.QUIT-RENTS, I’ROPRIETAIIY.—Con-

tinued.Object of delay S25Securedby obligation or other spe-cialty to beallowed by the receiver-general in auditing collectors’ ac-counts 226

Distress not to be madeon personclaiming to have paid or given se-curity for, but unable to produceproof 226

But in all such cases suit to bebroughtby thecollector of the 226

What evidence shall be admitted onbehalf of the defendant 226

Giving security for, to be a dis-chargefor thesame 226

Security to be a bar to action for thesame 226

Not to be multiplied, 226To be apportionedon the alienation

of any part of the original grant,.. 226

No person to pay more, that whatarisesfrom land actually held 226

Minimum amount of, receivable forland acquired before and afterMarch25, 1706 226

Transfers of land subject to, to beenteredby collectors 226

Fee for suchentry regulated 226Fee to be paidby purchaser 227Arrears of, due for three years by

non-residents to be aued3

for incounty court after March 25, 1708,.. 227

Suit to be brought by the countyclerk in the name of the proprie-tary after March 25, 1708 227

Judgment by default may he givenfor want of an appearance 227

Levy to he made on lands of non-residents for arrears of, due forthree years, 227

Lands so levied on to be sold 227Sheriff to pay money arising from

sale for, to the proprietary and fortaxesto the provincial treasurer,.- 227

QUOITS.


Playingat, &c., prohibitedunderpen-alty 186-87, 360

Index.

RAPE.

Punishmentfor ~. 7Negro chargedwith, on a white to be

tried by special court ‘79, 235Negro guilty of, upon a white to be

punishedby death 79, 236Only cognizableIn supremecourt,.... 149Punishmentfor first offense 178Punishmentfor secondoffense 118

RAPE, ATTEMPT AT.

Negro chargedwith, upon a white tobe tried by special court 79

Negro guilty of, upon a white pun-ished by castration 79

Upon a white by a negro, punishmentfor 235

RATES. SeeTaxes, County, City.

RATES, COUNTY. SeeTaxes, County.

REAL ESTATE. See Lands and Tene-ments.

When and how certain alien Protes-tants can acquiretitle to 300

Personsunjustly disseized of landsmay recover the same and havejudgment by default 330

All, liable •to taxation 374, 389Exceptions 374Penalty for non-paymentof taxeson, 394How collectable 394

REAL ESTATE CONTRACTS.

Exemptedfrom effect of “Act for de-termining debts under forty shil-hugs,” 189

RECEIPTS.

Wherein the months are named nu-merically declared valid for allpurposesat law . 364

RECEIVER-GENERAL.

To be appointedby the proprietary,.. 223

Page.

RECEIVER-GENERAL.—Continued.

Or if proprietary fail to appoint, or incaseof deathor removal of, by thecommissionersof property 223

To keep the office of, personallyorbydeputiesor other personsappointedby the proprietary 223

Commissionof, or his deputationstocollectors of quit-rents to be re-cordedin eachcounty 223

To sit at certain times and placestoreceive quit-rents, 223

Ten days’ notice of sitting to be given,224Mannerof giving noticeregulated, ... 224To receive all quit-rents 224Paymentsto beenteredin a roll to be

kept in eachcounty 224To allow proprietary quit-rents se-

curedby obligation, &c., in auditingcollectors’ accounts 226

Or his deputiesto enter transfers ofland subject to proprietary quit-rents 227


RECEIVER OF CERTAIN CITY ANDTOWN TAXES.

To be appointedby supervisors 66

RECEIVERS OF COUNTY TAXES.

To receipt for taxes received fromcollectors 38

Receipt of, to be sufficient dischargeto collector 38

RECEIVERS OF SPECIAL PROVIN-CIAL TAX.

To be appointedby proprietary 116Penalty for refusal to perform or

neglect of duties by 116

RECOGNIZANCE. See Ball In Actionof Foreign Attachment.

Debts of, to be paid fourth in settle-ment of decedents’estates 32

Entering of, for appeal to act as a.,upersedea8 152

Uponappeal,how to be enforced 152Given by guardian, &c., to Orphans’

court to be canceledby order of thecourt 152

R.

Page.

Index.

Page.RECORD, OFFICE OF. SeeRecorderof

Deeds.

RECORDEROF DEEDS. SeeMaster ofthe Rolls.

Or hia deputy to be present at theacknowledgmentor the proving ofdeeds 206, 351

Feesand mileage for so doing regu-iated 207, 350

Penalty for any, exacting Illegalfees, 207, 349, 350

Application of penalty 207, 349,350

Office of, to be kept in someconve-nient placeIn eachcounty 211

Duties of 211Feesof, regulated 211, 349, 355Office for, establishedin eachcounty, 349To be called theenrollment office 349To be attendedby the provincial re-

corderor his deputy 349What instrumentsmay be recorded,.. 349Feesfor, regulated 349

To appoint a deputyin eachcounty,.. 349

To provide at hia own coat rolls ofparchmentor properbooks for thepurposesof his office 349

Deedsand conveyancesof land to berecorded within six months aftertheir execution 349

How deedsmadeout of the provinceare to be proved 350

Time for proving limited 351

The masterof the rolls to be provin-cial recorder ax-officio, 251

To give security 354

Penalty for officiating before givingsecurity 350

Application of penalty 350To deliver up the re~corda,8cc., safe,

whole and undefacedto his succes-sor 354

RECORDER OF PHILADELPHIA.

When. to appoint assessors 418To hold court with the mayor to de-

termine small debts 421

REGISTER-GENERAL.

Feesof, regulated 139, 143To assist theOrphans’ court 156Deputy, to assisttheOrphans’court,.. 156To probatewills and grant letters of

administration 195, 422-23Office of, created 196By whom appointed 196, 422To he qualified before the governoror

the Orphans’ court 197To give security 157, 423Custody of bonds 197Bond to be recorded in Orphans’

court 197Object of bonds 19?Penalty for acting beforegiving such

bonds 197Application of pehalty 197To keep his office in PhIladelphia,197, 422To appoint a deputy for eachcounty, 197Penaltyfor refusalor neglect 198Application of penalty 198To take sufficient bonds upon grant-

ing letters of administration 199Form of bond 209To grant letters of administration

cant tcstamnentoannaxo as hereto-fore 202

Feesof, regulated 343Table of, feea to he constantly ex-

posedto public view in his office,.. 348No feesto he demandedwithout abill




To appoint deputiesin all other coun-ties 422

In caseof vacancy successorto beappointedwithin threeweeks 422

Bond to be recordedin county court, 428To administeroathsor attests 423

Page.RECORDS.

Punishment for falsifying or defac-ing 16

REFUNDING BONDS. SeeBonds.

RECORDING OF DEEDS. See Deeds;Exemplication.

Index,

Page.REGISTER-GENERAL, DEPUTY.

To be appointedby the register-gen-eral in eachcounty 197

To have a common seal made at theexpenseof the county 197

To grant probateof wills and lettersof administration 197

To be qualified before the governororOrphans’ court of their county 197

To give bond in two hundred pounds,19~Bond to be recordedin the Orphans’

court 197Object of bonds 197Custody of bonds 198To take sufficient bondsupon grant-

ing letters of administration 199Form of bond 200

REGISTER OF THE COURT OFEQUITY.

Feesof, regulated 342Table of, fees to be constantly ex-

posedto public view in his office,... 348No feesto be demandedwithout a bill




REGISTER OF WILLS.

To distribute decedent’sestate 84To make distribution within one year

after decedent’sdeath 34To order inventories and accountsof

estatesof orphansor minors to bepaid in the Orphans’ court 156


REGISTERS. See Register of Wills.

REGISTRATION OP BIRTHS, MAEç-RIAGES AND BURIALS.

Recordsof any religious societyto beallowed as evidence 91

REGULATORS. SeeSurveyorsof Builfi-ings.

Page.RELEASES.

Wherein the months are named nu-merically declared valid for all pur-poses at law 364

RELIGION.Penalty for deriding another’s reli-

gionDeriders of religion to be considered

disturbersof the peace 4Atheism discouraged 4Rights of conscientious Christians

protected 4No special form of Christian worship

compulsory, 4, 171Christians of any perauasionnot to

be molestedor prejudiced 171Professionsof, &c., requisite for pro-

tection 171

RELIGIOUS SOCIETIES.Form of marriageceremonynot to be

compulsoryupon, if notice of inten-tion be given according to law 22

Registers of births, marriages orburials kept by, to be allowed asevidence, 91

Of Protestants empowered to holdreal estate 424

RENTS.

To be paid seventh in settlementofdecedents’estates 32

Exemptedfrom effect of “Act for de-termining debts under forty shil-lings,” 189

REPEAL. See Acts of Assembly.

REPLI2VIN.Pleadingsin, regulated 316Costsfixed after judgment sustaining

demurrer, and after verdict for theplaintiff 316

REPLEVIN, WRITS OF.

To be issuedby justiceso~the peacein caseswhere allowed by laws citEngland 231

Returnableto county court 228

REPRESENTATION.

Limit of, in distribution of intestates’estates 33

1nd~x. 655

RICKS. SeeFiring of Woods. &c.

RIOT.

Page.REVOCATION. S-~eAttorneys-in-Fact.

REWARD.

For apprehendingfugitive bond ser-vant 55

For apprehensionof a traveling p1-rate 102

Page,REPRESENTATIVES IN ASSEMBLY.

See General Assembly; Elections.

REPROACH, TERM O~’.

Who shall be deemedcommonswear-rators 47

Who shall be deemedcommonswear-ers 50

RESIDENTS. SeeCreditors,Domestic.

RESIDUE OF DECEDENT’S ESTATE.See Wills; Intestates; Decedents’ Es-tates.

RESTAURANT.

Not to bekeptwithout alicense, .. .94, 107Penalty for violation 94Penalty for permitting disorder or

unlawful conductby a visitor 94Penalty for continuing businessafter

suppressionby county court with-out a new license

Application of last penalty 94To keep good entertainmentfor man

and horse 94Penalty for neglect 94

RESTITUTION, WRITS OF.

To be issuedby supreme court uponreversing execution of county

court 154By whom to beexecuted 155Form of 155Upon return that no restitution can

be had, a co~pia~may issue for de-fendant’s body 155-56

RESURVEYS. See Surveys; Lands.

RETURN OF WRITS OF ATTACH-MENT. See Foreign Attachment; Do-mestic Attachment.

RETURN OF WRIT OF ELECTION.SeeElections.

REVELS.Punishmentfor engagingin, 5, 186

REVENUE LAWS. See Taxation.

REVERSION.

Real property of intestateswithoutheirs to revertor vest in immediatelandlord 33

Number of persons necessary tomake a 4, 188

What constitutesa 6, 188

RIOTERS.

Punishmentof 5, 188Who shall be deemed 188

RIOTOUS GAMES. SeeGames.

RIOTOUS SPORTSAND PLAYS.

Defined 5, 186Punishment for 5, 186

RIVERS. SeeDelaware;Schuylkill.

Penalty for making weirs across 75Exception 75

ROAD J1JRY. See Highways.

ROADS. SeeHighways.

ROBBERY.

Punishment for first and secondof-fense 176

Punishment for, by negro exceedingfive pounds in value 235

ROBBING. See Larceny.

ROCKETS.

Punishmentfor firing 186

ROWLEY POWLEY.


Penaltyfor playing 186-87

ROYAL COLLECTOR OF THE PORTOF NEWCASTLE.

To receive report of incomingor out-going vessels 82

ROYAL COMMISSIONERS. See Com-missioners,Royal.

Index.Page.

RULES OP COURT. See Courts.To be madeby the judges 154No rule to be made to exact greater

fees than allowed by law 154No rules to be made against taking

attestsIn lieu of oaths 154

RUM, See Liquors; Tariff.Penalty for selling adulterated, .. .84, 239Application of penalty 239Duty to be levied on 194

RUNAWAY INDIAN SLAVES. SeeSlaves,Indian.

S.

SABBATH. SeeSunday;

SALARIES.Of speakerof genera~assembly, . .26, 221Of membersof general assembly,..26, 221Penalty for offering to serve for less

than legal amount 25Of collectors of taxes 36Of county treasurers 37Of county assessors 37

SALE. See Land.Goodsand chattels liable to distress

and sale for fines less than twentyshillings 19

Of decedent’sestate for payment ofdebtsapprovedor ordered by courtto be conclusive 32

Levy against defaulting taxpayerto be by distress and 38, 66, 112, 116

Levy against absenting judges ofcountycourts to be by distressand, 42

Of goods and chattelstaken in execu-tion not to be madetill sevendaysafter appraisement 46

Not to be sold for lessthan appraise-ment 46

To be public 46Of realty taken in execution to be

•made by sheriff 53Of realty by sheriff upon executionto

he conclusive 54Levy for penaltyfor obstructinghigh-

ways to be by distressand 70Levy for cost of repairing partition

fenceto beby distressand 72Penalties under the act for erecting

bridges and maintaining highwaysto be levfed by distressand 74

Page.SALE.—Continued.

Fines of sheriff for neglecting tocarry out sentenceof court for trialof negroesto be levIed by distressand 79

Satisfactionfor larceny committedbynegro servantoi~slaveto be recov-eredby levy on master or owner’sgoodsand chattelsby distressand,. 79

Fines not specially disposed of bylaw to belevied by distressand, ... 83

All grants of land from the proprie-tary to be under the great seal ofthe province 119

Such, to be cpnclusive 119Of land by “attorneys-in-fact to be

valid 123Time of, of attachedgoods in action

of debt under forty shillIngs 160Goods and chattels of personslabor-

ing or transactingworldly businesson Sundayliable to distressand,fortheir penalty 176

Lands of non-residentsto be sold forthreeyears’ arrears of proprIetaryquit-rents or taxes 227

Disposition of proceedsof 227Pine for neglectof duty by members

of the court for the trial of negroesto be levied by distressand 235

Satisfaction to party wronged to bemade by master or owner of negroguilty of robbery or larceny to belevIedby distressand 235

When realty shall be liable to, fordebts 244, 249

Goodsand chattelsliable to, for non-payment of poor rates 252

Penaltiesfor violations of act againstriotous sports, &c., to be levied bydistress and 363

Collectors to make distress and, ofgoods and chattels of delinquenttaxpayers 372

Delinquent taxesin Philadelphia to belevied by distressand 416

Goods and chattelsof delinquentcol-lectors to be levied on by distress

and 418SATISFACTION. See Mortgages; Servi-

tude.Amount of, to be psid by persons

guilty of larceny 9, 174

Inc~ez.

~ATISFACTION.—Continued. Page.To bemadefor goodsstolen by house-

breakers 11To be madefor damageby arson, ... 12To bemadefor firing of woods,&c.,.. 12To be madefor forcible entry 18To be made by servants to masters

for loss arising from imprisonmentof theformer for assaultingor men-acing the latter . 13

Fugitive bond servants to make, tomaster for loss of time, as countycourt directs 55

Bond servant dealing in goods andèhattels without master’s consentto make 56

To be madeby mastersor owners forlarceny committed by negro ser-vant or slave 79, 235

To be levied by distress and Sale,...235Defaulting specialprovincial poll-tax

payer to make,by labor in jail 117To be madeby fraudulentdebtor 129Perjurersto make, to personinjured, 133Ward to acknowledge,of guardian’s

final account as approved by Or-phans’ court 158

Fourfold, to be madeby burglars forgoods taken 173

Part punishmentfor burglary 173Fourfold, to be made by incendiary

for firing or maliciously burningstacks of corn, hay, wood, fence.vessel,boat or canoe 184

SCALES. SeeWeights and Measures.

SCHUYLKILL RIVER. SeeFerry.Ratesof ferries over regulated 77

SCIRE FACIAS. See Mortgages.Wr11 of, to be issued against plain-

tiff found by jury to be indebtedtodefendant 242

Writ of, to be granted for amountawardedby arbitratorsof accountsand approvedby the court 242

SCOLDING.Punishmentfor 85

SEAL. See County Seal; Great Seal;Privy Seal.

Register-generalto have a common,.197Deputy register-general to have a

common,attheexpenseof the coun-ty 197

Page.SEAL, LESSER.

Of the province to be attached towrits of person 151

SEALER AND SEARCHER.To be appointedby governor 90Powers of 90Tohave one-thirdof ill-wrought or ill-

tanned leather not legally stampedcondemnedby countycourt 91

SEALER OF WEIGHTS AND MEAS-URES.

To be appointedin each county bygovernor and council 89

To procure standardsfrom Englandat county’s expense 89

To have custodyof standards 89To annuallytestand mark all weights

and measuresin thepresenceof thegrand or speciallyappointedjury,.. 89

To seize all defective weights andmeasures 89

Feesof, regulated 89Penalty for neglect of duty 89

SEAMEN.In causes between, and merchants,

pleadingat common law to be fol-lowed 149

Countycourtsto give summaryjudg-ments in causesbetweenmerchantsand, not cognizableby court of ad-miralty, 149

SEARCH WARRANTS.To be granted to collectors of tariff

or internal revenueby any justiceof the peace 109

SEARCHESAND SEIZURES.By collectors of impost duties au-

thorized 385

SECRETARY OF THE PROVINCE. SeeOaths.

Fee for granting letters of naturali-zation 30

Formof attest to betaken by 40, 269To issue writs of election to fill va-

canciesin assemblyupon order ofthe speaker 21~

Feesof, regulatedTable of fees to be constantly ex-

posedto public view in his office,.., 348

657

Index.

rage.

SECRETARY OF THE PROVINCE.—Continued.

No feesto be demandedwithout abillof particulars 348



Penalty for secondoffense 348Application of penalty 348Punishmentfor third offense 348Feesfor issuing licenseregulated,..858-59

SECURITY.

Garnisheegiving, foreign attachmentvacated 28

To be given by distributeesin intes-tates’ estates 34

To be given by fraudulent debtor 130

SEDITION.

Defined 14Punishmentfor 1~

SEQUESTRATION OF LANDS.

Authorized for enforcing decrees inequity of county court 151

To be applied for enforcing decreesofsupremecourt upon appeal 151

SERVANTS. SeeMasterand Servant.Duty fixed upon negro slaves or, im-

ported 285Rebaite allowed upon imported li-quors, &c., which may be subse-quently exported 285

Penaltiesfor landing imported, &c.,without paymentof duty 286

Taxes to be paid by me.nregulated,374, 389Taxes to be collectedat the place of

residenceof, when levy made,., .379, 395Warrant for delinquent to extend

through the province, 379, 395Importers of negro, except for their

own Immediate service, to pay aduty of forty shillings per head 383

Bond to be given by importer of ne-gro 383

Negro, imported without paymentofduty to beforfeited an’l sold 384

Page.SERVANTS.—Contlnued.

Collector of duty on imported, ap-pointed 385

When and how dutiesupon imported,may be remitted 386

How moneyarising from duties uponimported, is to beappropriated 387

Penalty for non-paymentof taxesby, 394How collectable 394Master of enlisted runaway, who is

returned within a certain time notentitled to compensation 399

SERVICE. SeeProcess.Mannerof, in writs of foreign attach-

ment 28Summonstà be personalat dwelling-

house, 128Plaintiff may serve summons per-

• sonally upon defendantfor debt,... 130Of summonsin othercounties 130In certain criminal casesto extend

through the province 313

SERVITUDE.Convicts incapable of making satis-

faction for housebreaking to besold into 11, 173

Convicts incapable of making satis-faction for arsonor willful firing ofwoods, &c., to be sold into 12

In satisfactionof debt to be madeondemandof creditor 129

Debtor in foreign attachment undercertain ages,&c., to make satisfac-tion by 250

Term of, for married and unmarrieddebtors 250

Exception 250

SET-OFF.Assessorsupon appealmay defalk as-

sessment 38When to be pleaded 45, 241What shall be allowed as 45, 241Where proof of, is made by defend-

ant in civil action the jury are tofind for defendant 241

In case defendantprove plaintiff tobe his debtor, the jury to certify inwhat sum 241

And the defendantto have judgmentand execution for the amount ofsuch certificate 241

658

Index.Page.

SET-OFF.—Continued.Tenderof paymentor offer to defalk

the debt in any caseto bar plain-tiff from recoveryof costs if he re-fuse acceptance 242

Defendantin actionof scirefacias forrecovery of debt awarded by juryto pay the costs 242

SETTING ADRIFT.

Of boats, canoes,or vesselswithoutleaveof owner, penalty for 11

SETTLEMENTS. S~eParent and Child;Husbandand Wife; Dower.

To ‘be acknowledged and deliveredin opencourt 131

SEVEN YEARS’ QUIET POSSESSION.

To give unquestionabletitl~ to landsfirst entered on under equitableright 132, 237

Exceptions 132, 237

SHAMBLES. SeePhiladelphia.

SHEEP.

When damages may be recoveredfrom ownerof trespassing 71

When damagesmay be recoveredbyowner of trespassing, for injurythereto 71

Owner of “unruly,” to prevent tres-pass, 71

SHERIFFS. See Oaths; Attest.

To executewrits of election to fill va-canciesin~generalassembly 26

To return writs duly executed 26To promulgatewrit of election to fill

vacancyin generalassembly 26Penalty for neglect of election to fill

vacanciesin generalassembly 26To advertise writ of election to fill

vacanciesin generalassembly 26Penalty for neglect 26To notify constable of election to

fill vacancyin generalassembly 26Penalty for neglect 26Punishment for misbehavior in con-

ducting election 26To servewrits of foreign attachment, 27

659

Page.SHERIFFS.—Continued.

To causeappraisementto bemadeofgarnisheedgoods 28

To receive certificates of election ofcounty assessors 35

Form of attest to be takenby 40To sell realty taken in execution 53To conveyrealty taken in execution,. 53Such conveyance to give clear title

to granteeand La beconclUslv~. 54To pay rewards for fugitive bond

servants 65To receive into custodyfugitive bond

servants 66To notify master of fugitive bond

servant’scapture 56Penalty for neglect 66Neglecto., to be provedbefore county

court 56To have a fee of five shillings 56To collect feesand costsfrom master, 66To executenegroesconvicted by spe-

cial court upon warrant from saidcourt, 78, 235

Penalty for neglect 235To be disqualified and fined for nag-

lect 7XFine to be collected by distress and

sale 78To executewrits of distress and sale

for recoveryof fines not disposedofby law 83

To makereturn of suchwrits to pro-vincial treasure ii

Upon order from magistrate or of-ficer of the admiralty or customstocollect posse to arrest suspectedpirates 103

Penalty for refusal ioaMay be appointed collector of pro-

vincial tax by assessorsof said tax, 111May be appointedcollector of special

provincial tax by assessorof saidtax 116

Duties of, in executionfor debt 130To summon jurors upon. ten days’

notice 132Penalty for neglect 132To defray chargesof judges of su-

premecourt 135To attend judgesof supremecourt in

and out of bailiwick 135

66o Index.

Page.sHERIpFS,~~.Continued.

Feesregulated 138, 336To meetand attendjudgesof the Or-

phans’ court 169To put up public notice of sale of an

intestate’s realty 204Or under sheriff or the deputy of

either to conductelection for mem-bers of assembly 214

To openballot boxesfor taking countof votesat election for membersofassembly 216

To issue certificates of election ofmembers of assembly in duplicateunder seal 217

Or his deputy to present one copy tothe governor and the other to theassembly 217

Time for such presentation 21?To endorse upon writs for holding

electionsto fill vacanciesin assem-bly the date of their receipt 217

To give public notice of the timeand placeof holding such elections,217

Manner of giving suchnotice 217How, shall make return of suchelec-

tions 217Penalty for refusal or neglect 218Application of penalty 218Penalty for not making goodand true

returns 218Penalty for neglect or refusal to per-

form the duties prescribed by the“Act to regulate the number ofmembersof assembly,” &c. ‘218


To pay proprietary proceedsof salesfor arrearsof quit-rents 227

To pay provincial or county treasurerproceedsof salefor arrearsof taxes, 227

To serve‘writs of attachment 231To causeappraisementto be madeof

goods found in possessionof gar-nishee after entry of plea of nogoods 232

His return where landsliable to salefor debtsare extended 245

To collect certain proprietary taxesafter death or removal of countycollectors 264

Allowed to take attest 267Form of, attest 269, 274

SHERIFFS.—Continued.Page.

Double number of persons to bechosenannually for presentationtothe governor 272

How vacancy in office of, shall befilled 273

In caseof failure or neglect to elect,present incumbent to continue inoffice 273

Official bondsof, and remedythereonregulated 273

Of Philadelphia county to hold thesameoffice for thecity 275

Of city and county of Philadelphiatobe.water-bailiff also, and to residein the city 276

Duties of, in connectionw1~hthe col-lection of certainthxes,.281, 286, 374, 389

Of the several counties to performcertain duties in supremecourt andcourt of oyer and terminer 314

To attend upon the common pleascourts 815

To make proper return to alias writsof executionfrom other counties orbe liable 326

Table of feesto be constantly exposedto public view in his office 348




Penaltyfor secondoffense 348Application of penalty 348Punishmentfor third offense, 348Empoweredto enter suspectedgam-

ing places and to commit withoutbail persons engaged in unlawfulgames 260

When and how, .may collect delin-quent taxes 378

Duties of, in collection of fines in-curred by negligent tax collector,.. 412

Of Philadelphia to certify the electionof assessorsto corporation 414

To aid collector of imposts 489Penalty for refusal 439

SHERIFFS’ SALES. See Execution;Lands and Tenements.

index 66xPage.

SHIPS AND SHIPPING.

Masters of vesselsexempt from lia-bility to imprisonment for debt,... 250

Duties of masters of vessels in re-gard to taxeson importedgoods, .. 286

Their duties in connection with col-lecting taxeson imported goods,... 286

One-half of full duty to bepaid whereliquors are imported in foreign-owned vessels 283

Tax of ninepenceper ton imposedonvessels 384

Exceptions 384Provisions against false registry of

vessels 384Searchesand seizuresby collectors of

impost duties authorized and pen-alties prescribed 385

When and how duties upon tradingvesselsmay be remitted 386

Feesof collectors of dutiesupon trad-Ing vesselsprescribed 386

How moneyarising from duties upontrading vessels shall be appro-priated; 387

SHOATS. SeeSwine.

SHOEMAKERS.

Boots, shoesand slippersmade fromill-wrought or ill-tanned leathernotlegally stampedto be seized 91

SHOVEGROAT.


Penaltyfor playing 186-87

SHUFFLE (SHOVEL) BOARD.

Penalty for public housekeeper per-mitting playing, 186


SILVER. See Money.

SLANDER.

Penaltyfor, upon a magistrateor per-son in office 13

Punishmentfor 15Action of, to be first tried in county

courts 134

Page.SLAVES. SeeNegroes;Master and Ser-

vant; Servants; Servitude.

Owner of negro guilty of robberyorlarceny to make satisraction toparty wronged 236

Satisfaction to be recoveredby dis-tressof master’sgoodsandchattels, 235

Duty laid upon negro and Indian Im-ported 285, 433

Except from the West Indies 433Number of, to be reportedto proper

officer 433Penaltyfor violation 434Application of penalty 434Collector appointed 434Duties andpowers of collector 434

SLAVES, INDIAN.

Importation of, prohibited 236Exceptions 236Illegally imported to be forfeited and

set at liberty or disposedof as thegovernorand council see fit 237

Fugitive, not included in this act,... 237

SMOKING. SeeTobacco.

SMOKING TOBACCO IN STREETS OFPHILADELPHIA.

Penalty for 163Application of penalty 163

SMUGGLING.Penalty for 439How recoverable 440

SOCIETIES. SeeReligious Societies.

SODOMY.

Causefor divorce 8Punishmentfor 8, 183Only cognizabiein supremecourt,.134, 149Age of discretionandassentessential

to conviction 183

SOLDIERS. See Militia Laws.

In actual service exempt from theprovisions of the act regulating theprobateof written andnuncupativewills 196

SOLICITORS. See Oaths.

Form of attestto betaken by, .. .41. 270SLAVERY. See Servants;Militia Laws.

662 Index.

SOWS. SeeSwine.Page.

SPEAKER OFTHE GENERAL ASSEM-BLY.

Pay regulated 26, 2~9To order provincial secretary’to is-

suewrits of election to fill vacancyin generalassembly 217

To issue writs of election to fill va-canciesin assemblyin casethe pro-vincial secretarydelaysso to do,... 217

To first take the attests prescribedfor membersof assembly 219

To draw orders on the provincialtreasurer 438

SPEAKING IN DEROGATION OFCOURT’S JUDGMENT OR SEN-TENCE.

Penalty for 45

SPECIAL COURTS. See Courts, Special.

SPIRITS. See Liquors; Tariff.

SPIRITUOUS LIQUORS. SeeLiquors.

SPREADINGFALSE NEWS. SeeFalseNews, Spreading.

SQUIBS.Punishmentfor using 186

STABLES, BURNING OF. SeeArson.

STACKS, See Firing of Woods, &c.

STAGE PLAYS.Punishmentfor participating in, .. .5, 186

STALLS. See Philadelphia, City of.

STATUTES OF GREAT BRITAIN. SeeActs of Parliament.

Prohibiting fraudulent conveyancesto be enforcedin Pennsylvania 526

STAVES.Pipe, to be examinedby inspectorbe-

fore being transported 92Unmerchantable,defined 92Unmerchantable,to be rejectedby in-

spector 92Penalty for exporting unexamined,.. 92Exception 92Six score, to be accounteda hundred

for purposesof inspection 92For “tight” cask to be of good white

oak 96For hogsheads,size regulated 96For barrels, sizeregulated 96

Page~

STAY OF EXECUTION. SeeExecution.

STEALING. See Larceny.

STOCKS.Personsfound drinking on Sundayat

a public house, &c., and refusingto disperse may be committed tothe, by a justice of the peace 177

STREETS. SeeHighways.To be regulatedand paved by super-

visors in cities and towns 65

SUBORNATION OF PERJURY. SeePerjury.

SUBPOENA. See Service,Process.

SUFFRAGE. SeeElectors.

SUGAR.Not directly imported from place of

growth to pay a duty of five shil-lings per hundred weight 106

SUMMARY CONVICTION. See Judg-ment, Summary.

By justice of thepeacefor not wear-ing badgeof thievery 10, 175

Power of governor and council topunish sheriff misbehavingin con-ducting election to fill vacancy ingeneral assembly 26

Of negroes.guilty of certain offensesby court for thetrial of negroes 78

Of negroesfor carrying arms withoutlicense by a magistrate 79

Of negroesholding unlawful meetingsby justices of the peace 19

By a justice of the peace in casesofpersonsfound drinking on Sundayin public houses,&o 177

Keepers of taverns, alehouses, innsand victualing housesliable to, forselling beer or ale by illegal meas-ure 222

SUMMARY JUDGMENT. See Judg-ment, Summary.

SUMMARY JUDGMENT BY JUSTICEOF THE PEACE.

In caseswhere the penalty does notexceedtwenty shillings 19

Except where fine is left to discretionof court 19

Index.

SUMMONS.

SUMPTUARY LAWS. SeeBread.

Page.

4

4

SURETIES.

SURETY. See Bail.

SURVEYORS.

SUMMARY PROCESS.For the collection of delinquentta,xes,417

One justice of the peace to issue,against defendant for debt underforty shillings 44

To be directedto constable 44Penalty for witnesses in criminal

casesneglecting to obey 47Defendantsto be summonednot less

than fourteen daysbefore trial 128Serviceto be personalor at dwelling-

house 128For debt 130Form of writ of 136Ari~estandImprisonmentfor debtper-

missible only in specifiedinstances;all other actions for debt to becommencedby 250

SUMMONS, WRIT OF.Form of, prior to Act CVI to be re-

tained 154-55

663

Page.SUPERVISORS OF STREETS, LAND-

INGS AND WATER COURSES INCITIES AND TOWNS.

To be appointedby the governorandcouncil 65

A majority to act 65To regulate the water coursesand

the pitching, paving, &o., of streets,the cleansingof docks and repair-ing of landings and bridges 65

To employ workmen 65With the assistanceof not less than

two justicesof the peacea majorityof the, to estimatecost of work,.. 66

And, with assentof the governorandcouncil,to makeanassessmentuponthe inhabitants 66

• To appoint collectors and receivers,.. 66

SUPPLEMENTARY PROCEEDINGS.See Imprisonmentfor Debt.

SUPPORT OF GOVERNMENT.Imposts for 438

SUPREMECOURT. SeeCourt, Suprem’..

Plaintiff in action of foreign attach-ment against non-residentto find,to restoreon disproofof debtwithinayearandaday 29

Required on distributees refundingbond 34

SUNDAY.Penalty for pursuingworldly business

onPenalty for masters compelling ser-

vants to work onPenalty for parents compelling chil-

dren to work on 4Penalty for profanationof the Lord’s

day,or Sabbathbreaking 4May be legally called First Day 20All personsto abstain from labor and

worldly businessupon 175Exceptions 176Penalty for violation 176Application of penalty 176Time of prosecutionlimited 176Serviceof processprohibitedon 176Exceptions 176Drinking in public houses,&c., on,

prohibited 177Penalty for violation 177Application of penalty 177Public housekeepers permitting the

sameliable to penalty 177Application of penalty 177

SUPERSEDEAS.When entering recognizancefor ap-

peal shall act as a, 150

Not to enter land to resurvey with-outnotice to possessor 120

How noticeis to beserved 120Penalty for neglect 12~Application of penalty 120Double damagesto be paidby negli-

gent 121

SURVEYORS OF BUILDINGS.

Corporation of Philadelphia to ap-point two 268

Duties of 368Appeal may be taken to the mayor

andaldermen,whoseaward of dam-ages shall be final 369

Upon failure to obtain damagestheymay besuedfor in any court 269

Index.Page.

SURVEYORS OF LAND.Feesof, regulated 345Tableof feesto be constantly exposed

to public view in their offices 348No fees to be demandedwithout a




SURVEYS. See Land; Overplus.Proprietaryor first purchaserto order

resurveys of land (where overplusis suspected) 119

Allowance for roads 120Allowance for errors in 120

SUSSEX COUNTY. See GovernmentofNewcastle,Kent, &o.

Time for holding supreme courtthere 135, 151

SWABS. SeeChimneys.

SWEARING. See Blasphemy; Cursing;Reproach,Term of.

SWEDES.

Thosesettled prior to royal grant toPenn declared naturalized 31

SWINE.


When damages may be recoveredby owner of trespassing, for in-jury thereto 71


All, running at large within certainlimits without sufficient rings andyokes to be forfeited 93

Disposition of suoh forfeited 93Not to be allowed to run at large in

certain places 165, 263Penalty for neglect by owner 165, 263Application of penalty 165Ownersof, permitting them to run at

large without rings and yokes for-feit half the value thereof. 261

Page,

SWINE.—Continued.Kinds of rings and yokes to be car-

ried by, running at large 261Jurisdiction of justices of the peace

over, running at large 262Appraisersto be appointedby justices

of the peace to value, found run-ning at large 262

Owners of land where, are found run-ning at large entitled to half theirvalue 262

Hand-bills describing, found runningat large to be posted 262

Cost for posting hand-bills describ-ing, running at large regulated 262

Balance of value of, found runningat large not claimed within a yearto go to the poor of the township,.. 263

TABLES.

T.



TANNERS.

Ill-wrought or ill-tanned leather notlegally stamped sold or offered toa shoemakerto be seized 90

TARIPP.

Madeira and otherlike winesimporteddirectly from place of growth innative bottoms to pay a duty oftwenty shillings per pipe 105

Madeira and other like wines im-ported directly from placeof growthin foreign bottoms to pay a dutyof threepoundsper pipe 105

Madeira and other like winesnot im-ported directly from placeof growthto pay six poundsper pipe 105

Rum, brandy and other spirits im-ported directly from placeof growthor manufactureand wholly ownedby an inhabitant to pay a duty ofone penny per gallon 105

But if not owned by an inhabitantsuchspirits to pay a duty of threepenceper gallon 106

Inhabitant defined 106

Page.TARIFF.—Continued.

Inhabitant to take attestas to owner-ship or pay duty at foreign owners’rates 106

P~naltyfor perjury 106Rum, brandy and other spirits not

imported directly from place ofgrowth or manufacture to pay aduty of six penceper gallon 106

Rebateof fifty per cent to be allowedon such wines and spirits as areexportedafter payment of duty,... 107

Exporter to give security that thesame shall not be again landedwithin this jurIsdiction or in WestNew Jersey 106

Sugar not directly imported fromplaceof growth to pay five shillingsper hundredweight 106

Cider imported, except from WestNew Jersey,to pay a duty of threeshillings per barrel 106-7

Negroesover sixteenyearsof ageim-ported to pay a duty of twentyshillings per head 107

Negroes under sixteen years of ageimported to pay a duty of six shil-lings per head 107

Deer skins exportedto pay a duty offorty shillings on the hundredpoundsadeaiorem 107

Exporter to make attest of the valueof said skins 107

Hides, raw and tanned, exported topay a duty of two shillings and sixpenceper hide 107

All the said duties to be paid to theproprietary and governor, his heirsandassigns,or to suchpersonas heor they shall appoint 107

All the saM duties to be paid in coinor security to be given for paymentwithin threemonthsupon theentryof thegoods 107-8

Allowance of ten per cent for leakageto be made on all spirits dutiableby the gallon 108

Officers to give a permit for landingsaid goodswhen entry is made, ... 108

Duration of act 108All dutiablegoodsbrought in without

(-65

Page.TAVERN.

Not to be kept without a license,94,357-58Penalty for violation 94, 358Penalty for permitting disorder or

unlawful conductby a visitor 94Penalty for continuing businessafter

suppressionby county court with,out a new license 94

Application of last penalty 94To keep good entertainmentfor manand horse 94

Penalty for neglect 94Keeper of, to report names, &c., of

lodgerssuspectedof piracy 102Penalty for neglect 94Keeper to procure license from the

governor to sell rum, brandy andother spirits 107

Penalty for keepers of, permittingdrinking on Sunday 177

Application of penalty 177To supply travelers, inmates and

others with victuals, and drink inmoderation 177

Ratesfor issuanceof, license 358

TAVERN, KEEPER OF.Penalty for permitting riotous sports,

&c 186To sell beer and ale when drank on

their premisesby wine measure 222But ~y beer measureto those who

carry it away 222Penalty for violation 222Application of penalty 222

TAXES. See Tariff; Internal Revenue;Impost; Duty; Negroes; Slaves; Ser-vants; Philadelphia.

TAXES, ARREARS OF.Levy to be madeon landsof non-resi-

dent for, due for threeyears 227Due for threeyearsby non-residents

to be sued for by county clerk inthe name of the proprietary afterMarch 25, 1708 227

Proceedsof sale to bepaid by sheriffto provincial or countytreasurer,.. 227

Sheriff to levy arrearsof such taxeswhere collectors are dead or re-moved 264

Unaccountedfor by collectors, how tobe paid 265

Index

payment of duty or without a per-mit to be forfeited to proprietary, .. 108

666 Index.

Page.TAXES, CITY.

For regulating,paving andgravelingstreets;regulatingand archingoverwater courses; cleansing docks;making and maintaining landingplaces and repairing bridges, howandwhen to beassessed 66

Collectors and receivers to be ap-pointed 66

Collectors to levy upon goods andchattels by distress and sale fornon-paymentof 66

Overplusarisingunder levy to be re-turned to owner 66

TAXES, CITY, ASSESSMENT OF.

For regulating and maintainingstreets,watercourses,landingplacesand bridges and cleansingdocks incities and towns to be madeby thesupervisors and not less than twojustices of the peace, with the as-sentof governorandcouncil 66

TAXES, COUNTY.

Compensation of Orphans’ courtjudgesto be paid otit of 159

Justices, grand jury, assessorsandtreasurerof Chestercounty to per-form duties imposed by formerstatute at a new term of court asprescribed 259

Debts due to citizens by countiesal-• lowed by justices andassessorsmay

be setoff against 260Duties of collectors of, regulated 264

Appropriation of 396

Moneydue by countiesfor serhcesItiassembly, destroying wolves orother public servicemay be set offagainst taxes 411

Duties of county collectors andtreas-urers where money due from acounty is setoff againsttaxes 411

TAXES, COUNTY, ASSESSMENTOF.

Public charges to be calculated an-nually by judges of county court,grand jury and county assessorsjointly 35

Time of annual, fixed 35

Page.TAXES, COUNTY, ASSESSMENT OF.—

Continued.

Rate of, on real and personal prop-erty to be basedon onepenny perpound in proportion to publiccharges

Rate of, on freemen to be based onfour shillings per poll, In proportionto public charges 35

When to be made by justices of thepeaceand grand jury 35

Rate of, to be fixed annually bycounty assessors 36

List of taxable personsand property(with its value) to be preparedandcertified for 1701 by constablesofevery township and precinct uponwarrant from a justice of thepeace;after 1701 constables required toprepareand certify such lists whendirected so to do by county asses-sors 36

Time of making such list ,in threelower counties fixed 36

Valuations given In such lists to berevised by countyassessors 96

Assessorsto use all lawful meanstoascertaintrue valuations 36

Every person assessedentitled toappeal 38

Appeals from, regulated 38, 259, 391Time for determining 38Assessorsmay abate, defalk or in-

creaseappealedassessment 28For 1700 to be made by the justices

of the peaceand grand jury 95Regulated 389Notice of appealsfrom, to be pub-

lished 294

TAXES, COUNTY, COLLECTION OF.

County assessorsto appoint collectorsof county taxes 86

Goodsand chattelsof defaulting tax-payers (as well those liable forfreemen’s poll tax as all others)subject to distress and sale fortaxesand costs 36-8

Penalty for collector neglectingor re-fusing to collect 37, 896

Collectors to pay over collections toappointed receivers 88, 892

Page.TAXES, COUNTY, COLLECTION OF.—

Continued.Receivers’ receipts to dischargecol-

lectors 38Overplusof suchsalesto be returned

to owner 38Collectors of, to have separatedis-

tricts allotted 259Collectors to notify persons withintheir districtsof the amountof theirassessments 259

To be made by county commission-ers 374, 389

Duties of sheriffs and constablesinconnection with levying certaintaxes prescribed 389

Penaltyfor neglect 392, 396How recoverable 393, 396Residenceof freemen not fresholders

or hired servantsat time. of levy oftaxesto bethe placewhere theyarecollectable 395

Processfor collecting sameto extendthroughprovinceif necessary 395

Procedureafter unlawful suit regu-lated 398

Arrearsof 411Penalty for neglect by collectors in,.. 412How collectors compelled to pay de-

linquent, may reimburse them-selves 413

Collectors of, filing proper accountsdischargedof amountc?llected 413

TAXES, COUNTY, EXEMPTION FROM.Householdgoodsexempted 35Implements of trade or occupation

exempted 35Freemenformerly bond servants ex-

emptedfor first year of freedom, .. 35Freemennot otherwise ratable hav-

ing a family or “charge” to main-tain, or being under tuition of orassistantsto parents,exempted, ... 35

TAXES, COUNTY, PAYMENT OF.To bemadein current moneyor mer-

chantablecountry produceat mar-ket price 38

To bemadeat suchplaceas assessorsshall appoint 38

Payablein merchantableflour 390Penalty for neglect to make 394How recoverable 394

667

Page.TAXES, COUNTY, SUBJECTSOF.

To be assessedon clear value of allreal and personal estates 35

“Regard” to be shown to personshaving “a charge of children”whose estates do not amount tothirty poundsclearvalue 15

Freemenover sixtcenyearsof agenothaving a family or “charge” tomaintain,nor beingunder tuition ofor assistingparents andnot other-wise rated,subjectto poll tax 36

Bond servants on becoming freemenexemptedfor onesucceedingyear,.. 35

Employers or owners of place ofhabitation of freemen subject topoll tax to be liable for such free-men’s taxes 36

TAXES, PROVINCIAL.

Who shall be liable to 110Exception 110Every person to pay one penny per

pound on clear value of their realand personal estate, whether intheirpossessionor held in trust forthem by others 110

Exemption 110

Single freemen over twenty-one andsix months out of servitude andworth seventy-two pounds or overtopayone pennyper pound on clearvalue of estate 110

Single freemen as above not worthseventy-twopoundsto pay six shil-lings per head 110

Proprietary and lieutenant-governorexcepted 110

Tax imposedupon real and personalestateof two pencehalf-penny forevery pound of the clear valuethereof 280

Single freemennot otherwisetaxed topay ten shillings per capita 280

How officers suedfor acts done in col-lecting certain taxesto plead 284

Damagesrecoverableby the defend-ant in suchcasesif theplaintiff becast 284

Right to prosecute such officerslimited to oneyearafter theoffense, 284

Index.

668 Index.

Page.TAXES, PROVINCIAL.—Contlnued.

Duty fixed upon wines or liquors im-ported 284

Duties fixed upon butter and cheeseimported 285

Duty fixed upon negro slaves or ser-vants imported 285

Rebate to be allowed upon importedliquors, &c., which may be subse-quently exported 285

Allowance madefor leakagein goodsimported 286

Penalties for landing certain im-ported liquors, &c., without pay-ment of duty 286

Duties of officers in collecting import

chargesregulated 286Tax imposedupon liquors sold in cer-

tain quantities 287Sale of liquor at retail regulatedand

licenserequired 288Informer’s share of penalty for sell-

ing liquors at retail without alicense 288

How deputy collectors of excise Onliquors shall beappointed 289

Distribution to be made of moneyraised as a poundagetax, impostduty or excisetax 290

Feesfor license to sell liquors regu-lated 291

Commissioners appointed to compelcollection of, in theseveralcounties,371

Who shall appoint substitute collec-tors of 371

Estatesreal and personalto pay twopence for every pound of the clearvalue thereof 374

Single freemen over twenty-one andout of apprenticeshipmore than sixmonthsandnot owning fifty poundsworth of property to be taxed eightshillings 874

Men servants receiving wagesto betaxed eight shillings 374

How returns of taxes collected shallbe made 375

How spccessorsof commissionersorassessors of taxes shall be ap-pointed ssc

Fees of provincial treasurer upontaxescollectedregulated 381

Page.TAXES, PROVINCIAL.—Continued.

Appropriation of 381Fines for delinquentsto bepaid to the

provincial treasurer, and how heshall accounttherefor 381

Limitation of action 382Importers of negroes,exceptfor their

own immediate service, to pay aduty of forty shillings per head 383

Importer of negroesto give bond, ... 383On importedliquors regulated 383On tonnageof vesselsregulated 384Exceptions 384Penalty for false registration of ves-

sels 384Negroesand liquors importedwithout

payment of duty or their value tobe forfeited 384-85

How moneyarising from duties uponimported servants,liquors andtrad-ing vesselsshall be appropriated, .. 387

Estatesreal and personal to pay taxof five pence one-half penny forevery pound of the clear valuethereof 389

Single freemen over twenty-one,andout of apprenticeshipmore thansixmonths,not owning property worthmore than fifty pounds, to pay taxof twenty shillings 389

Men servants receiving wagesto paytax of twenty shillings 389

TAXES, PROVINCIAL, ASSESSMENTOF.

At least threejustices of the peaceineachcountyto call in four freehold-ers 110

A majority of the above justices andfreeholdersto make theassessment,111

The justices by warrant to compelconstablesto make return in writ-ing of all persons(and thevalue oftheir property) residingwithin theirbailiwioks 111

The assessorsto useall lawful meansto ascertainthe true value of everyperson’sestate 111

County clerks to prepareassessmentlist in duplicate 111

Appeals from, regulated, 113, 282, 375, 373Method of, regulated 374Notice to be given to taxpayers of

amount of asscssment 378

Index.Psge.

TAXES, PROVINCIAL, COLLECTIONOF.

Collectors to be appointedby provin-cial tax assessors 111

Goodsand chattels of defaultingtax-payer subject to distress and salefor taxes andcosts 112

Overplus of suchsale to be returnedto owner 112

Limitation of action 112—13Regulationsfor the collection of de-

linquent taxes 282Fees,of certain officers in the, regu-

lated 283, 376Fines to be imposed upon certain

officers for neglectingor refusingtocollect certaintaxes 283

Duties of commissioners, assessorsand othercounty officers in collect-ing taxesregulated 37~

Fines to be levieduponcollectors fail-ing to return anaccountof taxes, .. 377

How suchfinesshall be recovered,... 377Collectors compelled to pay uncol-

lected taxes to reimburse them-selves from delinquents 378

When andhow sheriffmay collect de-linquent taxes 378

Levy of taxesby distraint upon goodsor personof taxpayerregulated, ... 379

Taxes to be collectedat the placeofresidencewhen levy made, but thewarrant for delinquent to extendthrough the province 379

Fines imposedupon commissionersorassessorsneglectingto collect taxes, 380

Collector of duty on imported ser-vants, liquors and trading vesselsappointed 385

Duties and powers of collector regu-lated 385-86

Feesof collector regulated 386Duties of assessorsand collectors in

regard to certain delinquent taxesregulated 411

TAXES, PROVINCIAL, EXEMPTIONFROM.

All personshaving paid taxes undertheact of 1699 exempt 109

Proprietary and governor and lieu-

669

Page.TAXES, PROVINCIAL, PAYMENT OF.

To bemadeIn currentmoneyor mer-chantablecountry produceat mar-ket price 113

To be madeat such landing placeasthe assessorsshall appoint 113

County officers to paycertain taxestothe treasurerof the province 282

Account by officers collecting fines fordelinquenttaxesregulated 381

Treble damagesrecoverable for un-lawful suit under statute regulat-ing 382

TAXES, PROVINCIAL, SPECIAL.To raise a fund of two thousand

pounds to be donated to WilliamPenn 114

Proportionto beraisedin eachcountyfixed 114

Who shall be liable to 114Except personshaving “a charge”of

children whose estates do notamount to thirty pounds 115

Every person to pay so much perpound on the clearvalueof the realand personal property as shall berequired 115

Exemption of householdgoods andimplements of trade and occupa-tion 114-15

Freemenover sixteen years of agenot having families or “charge” tomaintain nor beingunder tuition ofor assistingparents and not other-wise rated subject to a poll-taxbasedon a rate of four shillings perhead 115

TAXES, PROVINCIAL, SPECIAL, AS-SESSMENTOF.

Not less than three membersof as-sembly of eachcounty to call In atleast four freeholders 115

A majority of saidmembersof assem-bly and freeholdersto make the as-sessment 115

Assessorsby warrant to compel con-stablesto makereturn in writing ofall persons(and the value of theirproperty) residingwithin their baill-wicks 115

Valuations given in such lists to berevised by assessors 115tenant-governorexempt 110, 374

Index.

Page.TAXES, PROVINCIAL, SPECIAL, AS-

SESSMENT OF—Continued.County clerks to prepareassessment

lists in duplicate 115Every personassessedentitled to ap-

peal 117Assessorsto fix time for hearing ap-

peals 117Assessorsmayabate,defalk, increase

or confirm appealedassessment 117

TAXES, PROVINCIAL, SPECIAL, COL-LECTION OF.

Collectorsto be appointedby the as-sessors 115

Goodsandchattelsof defaulting tax-payer subject to distress and salefor taxesandcosts 116

Overplus of suchsale to be returnedto Owner 117

For lack of goodsand chattels a de-faulting poll-tax payer to be com-mitted to the county jail until by.labor he makes“satisfactionfor hisperson,” 117

Limitation of action 117

TAXES, PROVINCIAL, SPECIAL, COL-LECTION OF ARREARS OF.

Provisions for collecting arrears ofproprietary taxes caused by non-residence or death or removal ofownersof land 265

Arrearsof proprietary taxesto be col-lected by distressand sale of goods, 205

No lapseof time to bar thecollectionof arrearsof proprietary taxes 266

Governorandcouncil to appoint sub-stitute collectors of arrearsof pro-prietary taxes 266

Jurisdictionandduty of county courtsIn connectionwith the collecting ofcertain arrearsof proprietary taxes,266

TAXES, PROVINCIAL, SPECIAL, EX-EMPTION FROM.

Householdgoods exempted 114Implementsof trade and occupation,115Personshaving“a chargeof children”

whose estates do not amount to• thirty pounds 115

Page.TAXES, PROVINCIAL, SPECIAL, EX-

EMPTION FROM.—Continued.Freemennot otherwise ratable hav-

ing a family or “charge to main-tain” or being under the tuition ofor assistingparents 115

TAXES, PROVINCIAL, SPECIAL, PAY-MENT OF.

To be madeat suchlanding placesasthe assessorsshall appoint 116

Time of, regulated 116

TAXES, SPECIAL.

Additional assessmentsto be madeinBucks county for building newcourt-houseandprison 279

TAXES, TOWNSHIP.

Rate of taxation in townships forsupport of the poor fixed 251

Overseersof the poor to levy thepoortax with approvalof justices of thepeaceof the county,and processbywhich it is to be collected regu-lated 252

Inhabitants of townships liable todistraint of goodsandimprisonmentwithout bail for non-payment of,for thesupport of thepoor 252

Justicesof the peaceat quarter-ses-sions to determinethe poor rate Onappealfrom overseers,and distressmeanwhileto be suspended 252

How overseersare to fix the amount• Of thepoor rate 252

TENANT. See Landlord and Tenant.

TENANTS IN COMMON.

Distribution of property of 121Landsto be held by widow and chil-

dren of intestates,andnot as jointtenants 193

Heirs of intestates to partition hisrealty as 204

Partition between copartners, jointtenantsand, regulated 327

Liable to action of account in thecourts of commonpleas 397

TENDER. See Set-Off,

TENEMENTS. See Lands and Tene-ments.

Index. 671Page.

TENNIS.Playing at, &c., prohibited underpenalty 360

TENURE. SeeTitle.

TERMS OF COURT. SeeCourts.

TERRITORIES. See Government ofNewcastle,Kent andSussexuponDela-ware.

THEATER. SeeRiotousSports.

THEFT. SeeLarceny.

THREATENING THE PERSON ORESTATE.

One guilty of, to be boundover to ap-pearat nextcourt 23

THREE LOWER COUNTIES. SeeGov-ernment of Newcastle, Kent and Sus-sex upon Delaware.

THROWING AT COCKS.Punishmentfor 186

TIERCE. See Cask.

TIMBER. See Trees; Staves;Waste.

Only good white oak, to be used inmaking casksfor certain uses 95-6

TIPPLING-HOUSE.

Not to bekept unlesslicensed 357-58Penalty for violation 358Feesfor licenseregulated 358

TITLE. See Land.

Possessionof, ~n transferring landsto be by delivery of deed In opencourt 131

Sevenyears’ quiet possessionof landsto give unquestionable 132

Exceptions 132Purchasersof landssold on execution

for payment of debts to acquirethe debtor’s, and hold by like ten-ure 246

Purchasers ~f land at foreclosuresales to take the estate of themortgagor 248-49

TOBACCO.

Penalty for smoking, in the streetsof Philadelphia 68, 163

Page.

TOBACCO.—Continued.Dimensionsof hogshead~for packing,

regulated 97Four such hogsheadsto beaccounted

aton 97No personliable for shortagenot ex-

ceedingfive pounds 97Hogsheadsto be marked with their

tareby planter or packer 97Penalty for neglect 97Application of penalty 97Price of hogsheadsregulated 97Penalty for packing unmerchantable,

or mismarking quality of 97Application of penalty 97-8

TOLL BRIDGES. SeeChesterTown.

TOWN TAXES. See Taxes,City.

TOWNS.

Supervisorsto beappointedfor pitch-ing, paving, &c., of streets,regula-ting water courses,cleansingdocksand repairing landing places andbridgeswithin 65

TRADE. SeeExchange,Bills of; Leather;Cask; Pork; Beef; Flour; Bread; Tobac-co; Tariff; Internal Revenue;Indians;Mariners.

Penalty for dealing with a bond ser-vant without master’s consent 56

When non-residentmerchantsmaybeadmitted to plead equally with resi-dents 64

With Madagascar or Natal prohi-bited 104

Penalty for violation 104Application of penalty 104Persons having open dealings with

suspeotediirate admitted to bailnot affected by this act 104

Non-residentsforbidden to, with In-dians 140

Inhabitants not to, with Indiansclandestinely 141

Inhabitants may only, with Indiansat their mansion houses 141

With Indians regulated 169

TRADE WITH THE INDIANS. SeeIn-dians, Trade with.

672 index.

Page.TRADERS.

Transient,not exemptfrom lmposts,.. 439

TRANSCRIPT OF RECORDS. See Er-ror, Writ of.

TRAVELERS.Unknown personssojourning or seek-

ing empioyment in any place, un-ableto give satisfactoryaccountofthemselves, or not having a passor having a counterfeit pass,to bearrested 102

Such personsescapingto bepursued,.102May be supplied on Sunday with vic-

tuals and drink 177

TRAVERSE JURY. See Oaths; Attest;Affirmation.

Form of attest to be taken by 41

TREASON. See Conspiracy.Only cognizablein supremecourt,.134,149Processmaybe servedon Sunday, ... 176Courts of quarter-sessionsnot to have

jurisdiction over, or murder 311

TREASURER. See Provincial Treas-urer; County Treasurer.

TREATIES WITH THE INDIANS, SeeProvincial Treasurer;Philadelphia; In-dians.

TREES.Penalty for fraudulently removing,

constituting landmarks 15Inhabitantsof certain placesto plant,

in front of their houses 66Kinds of, limited 66Penalty for cutting or felling, or un-

derwood without leave 93

TRESPASS.Indictment for, limited 24

TRIAL BY JURY.Freemento be tried by twelve equals

or laws of this province 18, 859

TRUST, PLACES OF.Personsguilty of certain offensesto

be deprived of all 16

TRUSTS.Createdfor the benefit of Protestant

religious societiesto beadministeredin accordancewith the deed 425

Page.TURNKEY OF THE COURT FOR DE-

TERMINING DEBTS UNDER FORTYSHILLINGS.

Fees of, regulated 343Table of feesof, to be constantlyex-

posedto public view In his office 348No feesto be demandedwithout a bill



charging 348Peflalty for secondoffense 348Application of penalty 348Punishmentfor third offense 348

TUTORS. See Guardian and Ward.When liable to arrest 157

U.

UNDERWOOD. SeeTrees.

UNLAWFUL GAMES.In public inns, &c., not to be per-

mitted under penalty 358

USURY.DefinedPenalty for

V.

VAGRANTS.The corporationof Philadelphiato have

power to compel, to labor 420

VENDITIONI EXPONAS, WRIT OF.SeeExecution.

VERDICT.In civil and capital casesto be given

by jury of twelve 128Of county court appealable to su-

preme court 134

VESSELS. See Boat; Firing of Woods,&o.; Masters; Shipsand Shipping.

Unhealthy, or, from unhealthyplacesnot to come within one mile of anytown orport without a bill of health,nor to land passengersor cargo atPhiladelphia without license fromthegovernorandcouncil or at otherplaces from two justices of thepeace 80

1717

Index.Page.

VESSELS.—Continued.

Penalty for, making landing in viola-tion 80

Application of penalty 80Duty to be levied on; no distinction

betweenthosetrading betweenpro-vincial ports and sea-goingcraft, .. 4.39

VICTUALING HOUSE, KEEPER OF.

To sell beerand ale when drank ontheir premisesby wine measure,...222

But by beer measure to those whocarry it away 222

Penalty for violation 222Application of penalty 222

VICTUALING HOUSES. See Restau-rants.

To supply travelers, inmates andothers with victuals, and drink inmoderation 177

No person shall keep, without firstobtaining a license 367-58

Penalty for violation 358Feesfor issuanceof license 358

VIEWERS OF FENCES. See CountyFenceViewers.

Two, to determine sufficiency offences in claim for damagesto beappointedby county court 72

W.

WAGER AT LAW.

Not allowed 60, 82, 207, 289,348, 350, 373, 385, 411, 429, 431, 432, 440

WAGES.To be paid eighth in settlement of

decedents’estates 32

WAGONS.

Manner of harnessing teams toheavily laden wagons,&c., in Phila-delphia county regulated 257

Penalty for “iolation 257Application of penalty 257

WAIN. SeeWagons.

WARDS. See Guardianand Ward.

673

Page.

WAREHOUSE, BURNING OF. SeeArson.

WARRANT. See Distress; Sale; Sum-mons;Arrest; Land Warrants; Service;Process.

Justice of the peaceto Issue,to levyfines under twenty shillings 19

Except where fine is left to discre-tion of court 19

Justice of the peace by, to compelconstableto make tax list for hisbailiwick for 1701 36

To be issuedby justice of the peaceagainstdefaulting taxpayer 37

WARRANT OF ARREST. SeeArrest.Declaration to be madebefore, issued

in action of debt 130

WARRANTY. SeeDeeds.

WASTE.

Use of timber for certain improve-mentsnot to constitute 327

Action of, to be brought in the com-mon pleas of the proper county, .. 327

WATER-BAILIFF. SeeSheriff.

Sheriff of Philadelphiato be 275To aid collector of imposts under

penalty 439Penalty for refusal 439

WATER COURSES.

In cities andtownsto beregulatedbysupervisors, 65

Underground,in cities and towns tohe covered with brick or stonearches 65

Raisingmoneyfor building, in Phila-delphia 415

WEAPONS.punishmentof negroesfor unlawfully

carrying 79, 235

WEIGHTS AND MEASURES.Standard to be procured out of

county funds and kept in eachcountyby sealerof 89

WAINAGE.Exemptfrom fines 44

Index

Page.WEIGHTS AND MEASURES.—Continued.

Standardto be accordingto the royalstandardfor the exche.~u?r 89

All personsforbidden to buy or sellby unmarked 89

Penalty for violation 89To be tested once a year by sealer

and grand or specially appointedjury 89

Defective, to beseized 89All, to be rectified and marked by

sealerof 89Heretofore obtained from England

and duly sealed in London to beaOcountedsufficient until standardsare obtained 90

Beer and ale to be retailed by beermeasureonly 90

Six score staves to be accounted ahundred for purposesof inspectIon, 92

Gauge of casks for beer, ale, cider,pork, beef,oil, flour andbreadregu-lated, 95-6

Such casks to be gauged by winemeasure 98

Dimensions of tobacco hogsheadsregulated 97

Tare of tobacco hogsheads to bemarkedon each 97

Penaltyfor neglect, 97Four suchhogsheadsto be accounted

aton 97No person to be liable for shortage

not exceedingfive pounds 97

Standard of weight of certain coinfixed 277, 296

Manufacturer of official scales forthe weighing thereof provided for, 297

WEIGHTS AND MEASURES, MONEYWEIGHTS.

Proprietary and governor to appointan inspector of money weights 87

Coin to be weighed by Troy weightonly 87

Inspector to regulate all moneyweights to English standard 87

Inspectorto mark regulatedweightswith his mark 87

Inspector empowered to test allmoneyweights once in threeyears,. 87

WEIRS.

Penalty for making, acrossrivers orcreeks

Exception 76

WHARFAGE. See Philadelphia, City of.

~TE3.Building of, in Philadelphia, raising

money for 416

WHEAT.

How settlementof quit-rents payablein, shall be made 225

WHIPPING.

Part punishmentfor adultery or for-ni~ation 6, 180

Part punishment for first offense ofrape 7, 178

Part punishment for sodomy or bes-tiality 8, 183

Part punishmentfor larceny 9, 174Punishmentof thievery 9-10Punishmentfornot wearing badge,10. 174Punishmentfor housebreaking 11Part punishmentfor burglary Ii, 173Punishment for child assaulting or

menacing parent 13Punishmentfor fourth offense of pro-

fanely swearing by God, Christ orJesus 50

Punishmentfor a negro bond-servantselling goods and chattels withoutmaster’s consent 56

Negroesguilty of larceny to be whip-ped at discretion of court for trialof negroes 79

Negroes carrying arms without li-censeto receive twenty-onelaenes,. 79

Negroes guilty of unlawful meetingto receivenot more thanthirty-ninelashes 79

Punishmentfor petit larceny, 159Cost of, to be paid by offender 159Part punishmentfor bigamy 183Punishmentfor negroesconvicted of

certain offenses 235-36Penalty for negroes firing guns In

Philadelphia 420

WHITE OAK, SeeTimber.

Index.

Page.WIDOWS.

Power to sell realty of intestate hus-band for certainuses 52

WILDFIRE.Punishmentfor using 186

WILLS. SeeDecedents’Estates.Forging, embezzling,defacingor cor-

rupting, punishmentfor 10Real and personal estateof testator

to be sold for debts 31Salesto beapprovedby court 31Such salesto beconclusive 32Realty liable only where personalty

is insufficient, 33Classification and priority of testa-

tor’s debts 32Testatorsbeing non compo.9mentisto

be invalid 49~i\ Devises by written, wherever made,

to be good as a conveyance 49, 194Provided the, be proved herewithin

time limited 49Orphans’ court to distribute estates

accordingto 156-57Provedin Englandand elsewherebe-

fore the properofficer and certifiedcopiessentand recordedhere to beeffectual 194

Except copiesor ~robates which havebeenannulled,disprovedor revoked, 195

Such, being disproved or annulledwithin seven years, the partygrieved to have a writ of error 195

No one to be compelled to prove, inmore thanone county 196

Changesin written, regulated 196Certain persons exempted from the

provisions of ~he act 196To be probatedby the register-gen-

eral and his deputies 197To be probated by the register-gen-

eral or deputy 422-23Procedureon caveats 423

WILLS, DISTRIBUTION OF RESIDUEOF TESTATOR’S ESTATE.

To be accordingto will 32Exceptions 32Distribution to be made by county

register one year after decedent’sdeath

Procedureon distribution 4234.~—I

675

Page.WILLS, NUNCUPATIVF1.

Force of 49To be reducedto writing within two~days after death 49

To have two witnesses 49Qualificationsof witnesses 49Witnessesto be attested 49

To be proved within six monthsaftertestator’s death to validato be-quests 49

Of person non compo8m.entisto bein-valid 49

Voifi if bequeaththgoverthirtypoundssterling 195

Unless proved by two or more wit-fleecespresentat the making there-of 195

And unless it b~proved that the tes-tator requestedthe personspresentto bear witness 195

And unless made during testator’slast sickness 196

And unlessmadeat the placewheretestator hasresidedfor at least tendays previously 196

Exception 196No testimony to prove, more thansi~

months after speaking the words,unless the testimony be writtenout within six daysafterward 1PO

No probateof a, to passthe register-general’s seal until fourteen daysafter the testator’sdeath 196

Nor unlessthe widow or next of kinbe first notified 196

WINES, DUTY ON IMPORTED. SeeTariff; Liquors.

Regulated 194

WITNESSES. See Oaths; Attest; Affir-mation.

Number of, to a marriageprescribed. 22To sign certificate of marriage 22

Six, required to attest certificate ofelection of county assessors 36

Two, required to convict in all crim-inal cases 47

Penaltyfor neglectby, of summons,.. 47

Penaltyfor perjury by 47. 133

676 Index,

WITNESSES.—Continuecl.lfage.

Two or more, required to be presentat making of nuncupative will,. .49, 195

Qualification, &c., of, to nuncupativewill 49

Two, requiredto convict for plottingor conspiring against the proprie-tary and governor 52

To promiseto testify truthfully 133Convictedof perjury renderedincom-petent to testify thereafter 138

Feesof, regulated 138Two or more, required to prove a

written will 194Depositions of, leaving the province

or confined by sicknessto lee takenafter notice to adverseparties 271

Subpoenasto, in other countiesto is-suein certain criminal cases,.. .313, 324

WOLVES.

Rewardsfor killing, regulated 85, 238Headsto be brought to justice of the

peace 85 238To be paid out of the county funds,.. 238All persons making a business of

killing, to receive additional re-ward 238

Such personsto give security 238Money due for killing, may be set-off

against county taxes 411

County prisons to be, until othersare provided 100, 243

Building of, in Philadelphia, raisingmoney for 414-15

WRITINGS.Feesfor recordingor exemplifying,.. 349

WRITS. See Foreign Attachment; Exe-cution; Distress; Sale; Pursuit, Writsof; Error, Writs of; Summons.

Costs for 152To be paidby theappellant 152Remedial, to be granted by the gov-ernor 153

Jurisdiction of judges of supremecourt to issuecertain, regulated, . ~. 301

Justices of supreme court to issuecertain, in vacation 303

How processfrom courts of commonpleasto Issue 315

WRITS OF ATTACHMENT. See Do-mestic Attachment; Foreign Attach-ment.

WRITS OF ELECTION TO FILL VA-CANCERSIN GENERAL ASSEMBLY.SeeElections.

Y.YEAR: See Calendar.

WORKHOUSES.Page.

WOODS. SeeFiring of Woods, &c.YEAR AND A DAY. See Foreign At-

I tachment,

index. [] · act concerning the probate of wills, etc., continued 423-24 act of parliament. no...

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