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UNIVERSITY

OF PITTSBURGH

LIBRARY



I



THIS BOOK PRESENTED BY

Pennsylvania State Li"brary



3 1735 060 399 940



Digitized by the Internet Archive

in 2010 with funding from

University of Pittsburgh Library System



http://www.archive.org/details/statutesatlargeo10penn



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THE



tuMt% at Sarg^



PENNSYLVANIA



1682 to I 80 I



COMPILED UNDER THE
AUTnORlTT OF THE ACT OF MAY 19 1887 BY

James T. Mitchell and Henry Flanders

COMMISSIONERS



VOLUME X

1779 to 1781



WM. STANLEY RAY

STATE PRINTER OP PENNSYI^VANIA
1904



CO p. I




{'n



PREFATORY NOTE.



The notes and index have been prepared under the supervision
of the Commission by Harry S. Ambler, Jr., Esquire.



(3)




(4)



THE STATUTES AT LARGE OF
PENNSYLVANIA.



Laws enacted in the first sitting of the fourth General As-
sembly of the Commonwealth of Pennsylvania, which met at
Philadelphia, on Monday, the twenty-fifth day of October, in
the year of our Lord 1779.



CHAPTER DCCCLXVII.



AN ACT FOR REGULATING CHIMNEY SWEEPERS WITHIN THE CITY
OF PHILADELPHIA, THE DISTRICT OF SOUTHWARK AND THE TOWN-
SHIP OF THE NORTHERN LIBERTIES OP THE CITY OF PHILADEL-
PHIA.

(Section 1, P. L.) Whereas the houses and estates of the
inhabitants of the city of Philadelphia, the district of South-
wark and the township of the Northern Liberties of the city
of Philadelphia are frequently dangered by chimneys taking fire
and blazing out at the top, and great complaints have been
made for want of a proper regulation among those, who under-
take the sweeping of chimneys:

For remedy whereof:

[Section I.] (Section II, P. L.) Be it enacted and it is hereby
enacted by the Representatives of the Freemen of the Common-
wealth of Pennsylvania in General Assembly met, and by the
authority of the same. That no person or persons, from and
after the tenth day of December next, shall follow the business
or occupation of a chimney sweeper, either by himself, his
servants, negroes or others within the city of Philadelphia,

(5)



The Statutes at Large of Pennsylvania. [1779

the district of Southwark or the township of the Northern
Liberties aforesaid without having first made application to
the oflficer hereinafter directed to be appointed, and having reg-
istered his or their name or names and the name or names
of his or their servants, negroes, or other persons aforesaid, with
a number affixed to each and every such name, in a book by
the said officer to be kept for that purpose, and without pro-
curing and receiving from the said officer a certificate of every
such registry, containing the number and name of every person
so entered, under the penalty of fifteen pounds for every day
he shall follow by himself, or cause to be followed by his ser-
vants, negroes or others, the said business, which said cer-
tificates the said officer is hereby enjoined and required to
make out under his hand and to deliver to the person or per-
sons who shall apply for the same, and for every such registry
and certificate -he shall receive the sum of three pounds and
no more.

[Section II.] (Section III, P. L.) And be it further enacted
by the authority aforesaid. That every person following the
business aforesaid, within the said city, district and liberties,
shall (if he follows the employment himself) wear (or if he em-
ploys his servants, negroes or others) cause to be worn, on the
front of their caps, in full view, without any concealment, the
same figures and numbers respectively as shall be so as afore-
said entered in the said book, and contained in his or their
respective certificates, and none other, in large figures, not
less than two inches in length, to be made of strong, durable
tin or copper; and that all and every person and persons w^ho
shall follow the said business or employment, by him or them-
selves, or by his or their servants, negroes or others, not having
the said number fixed on his or their cap and caps, and the cap
and caps of his and their servants, negroes and other persons
aforesaid, according to the directions aforesaid, or when fixed,
shall wilfully deface or conceal the same, or shall neglect to
keep them plain and visible, shall, for each and every such
offense forfeit and pay the sum of fifteen pounds for every day
he or they shall follow the said employment, not wearing the
said number as aforesaid.



1779] The Statutes at Large of Pennsylvania.

[Section III.] (Section IV, P. L.) And be it further enacted
by the authority aforesaid, That if any person or persons, un-
dertaking the business or occupation aforesaid shall not within
forty-eight hours after application to him or them made by
any of the inhabitants of the said city, district or Northern
Liberties, sweep or cause to be sy»^ept, such chimney or chimneys
as he or they shall be required to sweep, every such person or
persons so offending shall forfeit and pay the sum of fifteen
pounds.

[Section IV.] (Section V, P. L.) And be it further enacted
by the authority aforesaid, That every chimney sweeper shall
have and receive for every chimney by him swept within the
city of Philadelphia, and for every chimney by him swept in
the district and liberties aforesaid not more than one mile dis-
tant from the northern and southern boundaries of the said city
a sum not exceeding forty-five shillings.

[Section V.] (Section VI, P. L.) And be it further enacted by
the authority aforesaid. That if the chimney of any person or
persons within the said city, district or liberties shall take fire
and blaze out at the top, the same not having been swept within
the space of one calendar month next before the time of taking
such fire, every such [person or] persons shall forfeit and pay
the sum of fifteen pounds, and if any chimney shall take fire
and blaze out at the top, the same having been swept within
one calendar month from the time of such taking fire, the person
who swept the same, either by himself, his servants or negroes,
shall forfeit and pay the sum of fifteen pounds.

[Section VI.] (Section VII, P. L.) And be it further enacted
by the authority aforesaid. That every person who shall follow
the business or occupation of a chimney sweeper, either by him-
self, his servants, negroes or others within the said city of Phila-
delphia, the district of Southwark or the township of the North-
ern Liberties, shall pay unto the officer hereinafter directed
to be appointed the sum of ten shillings for every working day
from and after the publication hereof until the first day of
April next ensuing, and thereafter from the first day of October
till the first day of April in each and every year during the
continuance of this act for his care and trouble in the execu-
tion thereof.



TJie Staiiites at La7'ge of Peiinsylvaiiia. [1779

(Sectiou VIII, P. L.) And to tlie end that the regulations by
this act prescribed may be executed:

[Section VII.] Be it enacted by the authority aforesaid,
That any three of the justices of the peace of the said city and
county, together with the Avardens of the said city shall ap-
point the officer for registering and granting certificates to
chimney sweepers, and for collecting of the said fines and for-
feitures, who is hereby strictlj^ required to do and perform the
several duties of the said office enjoined by this act.

[Section VIII.] (Section IX, P. L.) And be it further enacted
by the authority aforesaid, That it shall and may be lawful
for the justices of the peace for the city and county of Philadel-
phia, or any three or more of them, in open court of quarter
sessions or at any other time to regulate, lessen or increase and
fix the prices for sweeping of chimneys in such manner as to
them shall appear just, and under their hands from time to time
to publish the same in one or more of the newspapers, so that
all concerned may govern themselves accordingly, anything in
this act in that respect contained to the contrary in anywise
notwithstanding.

[Section IX.] (Section X, P. L.) And be it further enacted
by the authority aforesaid. That all and every the penalties
and forfeitures imposed by virtue of this act shall be paid one-
half thereof to the use of the officer aforesaid, and the other
half thereof to the overseers of the poor of the said city, district
or township where the offense shall be committed for the use
of the poor thereof, to be sued for in the name of the officer,
and recovered before any justice of the peace for the said city
and county, who is hereby authorized to hear, try and determine
the same.

(Section XI, P. L.) Provided always. That nothing in this act
shall extend or be construed to [extend to] a greater distance
than one mile from without the bounds of the city of Philadel-
phia.

[Section X.] (Section XII, P. L.) And be it enacted by the
authority aforesaid. That so much of the act of general as-
sembly passed in the year one lliousand seven hundred and
twenty-one, entitled "An act for i»revonting accidents that may



1779] The Statutes at La7^ge of Pemisylvajzza.

happen by fire," ^ and of the act of general assembly passed in
the year one thousand seven hundred and fifty-one, entitled "An
act for the more effectual preventing accidents which may
happen by fire, and for suppressing idleness, drunkenness and
other debaucheries," ' as relates to the firing of chimneys within
the said city, and one other act of general assembly passed the
twenty-first day of March, one thousand seven hundred and
seventy-two, entitled "An act for regulating chimney sweepers
within the city of Philadelphia, the district of Southwark and
the township of the Northern Liberties," ^ shall be and are
hereby declared to be repealed.

[Section XI.] (Section XIII, P. L.) And be it further enacted
by the authority aforesaid. That this act shall continue and be
in force for and during the term of seven years next ensuing,
and from thence to the end of the next sitting of the general
assembly and no longer.

Passed November 25, 1779. Recorded L. B. No. 1, p. 311, etc.
See the note to the Act of Assembly passed March 21, 1772, Chapter
648, and the Acts of Assembly passed March 8, 1780, Chapter 888;
September 29, 1787, Chapter 1318.



CHAPTER DCCCLXVIII.



AN ACT FOR RAISING THE SUM OP TWO MILLIONS FIVE HUNDRED
THOUSAND DOLLARS MONTHLY DURING EIGHT MONTHS IN THE
YEAR ONE THOUSAND SEAMEN HUNDRED AND EIGHTY FOR THE
SUPPLY OF THE TREASURY OF THE UNITED STATES OF AMERICA
AND THE TREASURY OF THIS STATE.

(Section 1, P. L.) Whereas the honorable Congress, by an
act of their body dated the fourth day of October last, did call
upon the several states to raise, in such manner as each state
may judge expedient, [sufficient sums] to enable the said states
to pay into the continental treasury, or to the order of Congress,
on or before the first day of February next, and on or before the

1 Passed August 26, 1721, Chapter 245.

2 Passed February 9, 1751, Chapter 388.

3 Passed March 21, 1772, Chapter 648.



The Statutes at Large of Pennsylvania. [1779

first day of each succeeding month until the first day of Sep-
tember next, inclusive, their respective proportions of fifteen
millions of dollars:

(Section II, P. L.) And whereas the proportion of this state
for the present is set at two millions three hundred thousand
dollars, and it is highly proper that the good people of this
commonwealth should exert themselves in furnishing this nec-
essary supply:

(Section III, P. L.) And whereas it is expedient that the tax
which will be proper for raising the moneys aforesaid be grafted
upon the returns made or to be made for the tax now levying
in this state by virtue of an act, entitled "An act for raising
the additional sum of five millions seven hundred thousand
dollars in the year one thousand seven hundred and seventy-
nine," ^ whereby much expense and trouble and also much time
will be saved, and yet the payment thereof be sufficiently equal:

(Section IV, P. L.) And Vv^hereas it is necessary that the
treasury of this state be also supplied:

[Section I,] Be it therefore enacted and it is hereby enacted
by the Eepresentatives of the Freemen of the Commonwealth
of Pennsylvania in General Assembly met, and by the authority
of the same. That in the month of January next, and so in every
succeeding month after, for and during eight months ending
on the thirty-first day of August next, there shall be charged
upon and collected of every person in this state who is or shall
be rated, assessed and charged in any of the counties of this
state with any part of the said sum of five millions seven hun-
dred thousand dollars, or for the tax on ready money by virtue
of the act aforesaid, or who was or ought to be liable to and
chargeable therewith, a sum of money amounting to one-half
part of the whole amount of the tax, which such person was or
is or ought to be chargeable with and liable to pay as afores<aid.

[Section II.] (Section VI, P. L.) And be it further enacted by
the authority aforesaid. That the commissioners of the several
and respective counties of this state, shall cause to be written
and made out, fair duplicates of the names and surnames and
'sums of money chargeable by virtue of this act, monthly as

1 Passed October 10, 1779, Chapter 866.



1779] The Statutes at Large of Pennsylvania.

aforesaid, of and on all persons within their respective counties,
and shall deliver a counterpart thereof with proper warrants
and directions to the collector of the county, and the said col-
lector shall proceed to collect the same in the manner and
within the time hereinbefore specified and shall pay at the end
of every month the same without delay to the treasurer of the
proper county, and the treasurers of the several counties of this
state shall immediately after they receive the moneys by virtue
of this act, or any part thereof, transmit and pay the same
to the treasurer of this state, to be by him paid over to the
amount of eighteen millions four hundred thousand dollars to
the treasurer of the United States, or to the order of Congress
for the support of the federal army and navy, the state treas-
urer retaining in his hands the residue of the tax imposed by
this act for the use of this state subject to the disposal of the
house of assembly.

[Section III.] (Section VII, P. L.) And be it further enacted
by the authority aforesaid. That the commissioners of the
several counties of this state shall have and exercise like au-
thority to enforce the collection and payment of the said tax
and that like fines and penalties shall be incurred by delinquent
commissioners, collectors and county treasurers, to be imposed
and levied on such delinquents in like manner and by like pro-
cess as are directed in like cases in and by the act before men-
tioned, and that all necessary powers for the effectual and
timely raising, collecting and bringing into the treasury of this
state the said sum of two millions five hundred thousand dol-
lars by monthly payments as aforesaid, and like reward for
the services done in execution of this act shall be exercised
and used as were authorized, given and directed to be exercised
and used in the execution of the act of assembly herein before
mentioned, or of an act of assmbiy, entitled "An act for rais-
ing the supplies for the year one thousand seven hundred and
seventy-nine," ^ in similar cases and for like i^urposes.

[Section IV.] (Section VIII, P. L.) Provided always, and be
it further enacted by the authority aforesaid, That if by reason
of any unavoidable delay the sums hereby directed to be levied,

iPassed April 3, 1779, Chapter 840.



The Statutes at Large of Pen7isylvania. [1779

collected and paid shall not be levied, collected and paid in
the several months herein before provided according to the in-
tent of this act, that in such case the same shall be levied, col-
lected and paid as soon after as may be and applied in the
manner herein before mentioned and directed.

(Section IX, P. L.) Provided also. That if any person liable
to pay the monthly assessment aforesaid shall be disposed to ad-
vance the sums he or she is liable to pay in any other month or
months, than the monthly tax demanded of him or her, the
collector, upon tender thereof shall be obliged to receive and
give a discharge for the same.

Passed November 25, 1779. See the note to the Act of Assembly-
passed April 3, 1779, Chapter 840; and the Act of Assembly passed
June 1, 17S0, Chapter 912.



CHAPTEPi DCCCLXIX.



AN ACT MORE EFFECTUALLY TO PREVENT COUNTERFEITING THE
CONTINENTAL LOAN OFFICE CERTIFICATES, THE CONTINENTAL
LOAN OFFICE BILLS OF EXCHANGE AND THE PAPER MONEY OP
THE UNITED STATES OF AMERICA, OR ANY OF THEM.

(Section I, P. L.) Whereas the v^ant of a sufficient quantity
of gold and silver to answer the purposes of commerce, the
exigencies of government, and to carry on the present just
and necessary war against the King of Great Britain, induced
the Congress of the United Colonies and now States of America,
and also the assemblies, congresses and conventions of the sev-
eral thirteen Colonies and now States of America, to emit and
circulate certain paper bills of credit to pass in payments for
limited periods, the counterfeiting of which, or the uttering
the same so counterfeited as and for true, good and genuine
bills, knowing the same to be so counterfeited, hath usually
been made felonies in these United States respectively:

(Section II, P. L.) And whereas by an act, entitled "An act
for making the continental bills of credit and the bills of credit
emitted by resolves of the late assemblies, legal tender and for



1779] The Statutes at Large of Pennsylvania. 13

other purposes therein mentioned," ^ the counterfeiting of such
paper bills of credit, or uttering any of them so counterfeited,
knowing them to be such, which were issued before the twenty-
eighth day of January in the year one thousand seven hundred
and seventy-seven, are made felonies of death ^HLthout benefit
of clergy; and the counterfeiting the bills of credit of this
commonwealth made and issued by virtue of an act, entitled
"An act for emitting the sum of two hundred thousand pounds
in bills of credit for the defense of this state, and providing a
fund for sinking the same by a tax on all estates, real and per-
sonal, and on all taxables within the same," ^ or emitted and
made current by the resolves of the late assemblies of Pennsyl-
vania, or the uttering such bills, knowing them to be counter-
feit as aforesaid, is by the said act made a felony of death but
not ousting the benefit of clergy:

(Section III, P. L.) And whereas the counterfeiting the cer-
tificates of the continental loan offices, or any of the bills of
credit emitted by the resolves of the Congress of the United
States, or selling, giving in payment or otherwise uttering or
distributing any of the said counterfeit certificates or bills of
credit, knowing them to be such is by an act, entitled "An act
for punishing the counterfeiting the continental loan office cer-
tificates and lottery tickets," ' made a felony of death, not oust-
ing clergy; and the counterfeiting any of the said paper bills of
credit, or continental loan office certificates, or uttering any
of them, knowing the same to be so counterfeited, which have
issued since the twenty-fifth day of May, one thousand seven
hundred and seventy-eight, and also the counterfeiting or ut-
tering as aforesaid any of the continental loan office bills of
exchange is punishable only by the common law :

(Section IV, P. L.) And whereas it is just and right that
offenses and crimes of equal enormity and guilt should receive
the like punishments and it highly interests each of the United
States by all means in their power to provide against the de-
basing of their medium of commerce:

1 Passed January 29, 1777, Chapter 738.

2 Passed March 20, 1777, Chapter 752.

3 Passed March 20, 1777, Chapter 753.



The Stahites at Large of Pennsylvaiiia. [1779

[Section L] (Section V, P. L.) Be it therefore enacted and it
is hereby enacted by the Eepresentatives of the Freemen of the
Commonwealth of Pennsylvania in General Assembly met, and
by the authority of the same, That from and after the publica-
tion of this act, if any person or persons shall, within this
state or elsewhere, prepare, engrave, stamp, forge or print,
or cause or procure to be prepared, engraved, stamped, forged
or printed, the counterfeit resemblance of any paper bills of
credit issued, emitted or made by the Congress of the United
States of America or by the assemblies, congresses, conventions
or other legislative authority of this, or of any other of the
said states, or which shall be issued, emitted or made by them
respectively, on or before the first day of January -now next
ensuing, or of any of the certificates of the several continental
loan offices or continental loan office bills of exchange, is-
sued or made or which shall at any time hereafter be is-
sued or made, or shall counterfeit or sign the name or names
of the signers of any true bills or loan office certificates or
continental loan office bills of exchange to such counterfeit
paper, with an intention that such counterfeit paper shall
be passed in payments or received as genuine and good bills,
certificates or bills of exchange, whether the same be so
passed or received or not, or if any person or persons shall,
in this state pass, pay or tender in payment any such counter-
feit money or certificates or bills of exchange, or deliver
the same to any other person or persons with an intention
that they be passed, paid or received as and for good and
genuine, knowing the [same] to be forged or counterfeited,
every such person, being thereof lawfully convicted or at-
tainted, in any court of oyer and terminer within this state by
verdict of a jury, or confession of the party offending, or being
indicted thereof shall stand mute, or not directly answer to the
indictment, or shall peremptorily challenge more than the num-
ber of twenty persons legally returned to be of the jury for the
trial of such offender, shall be adjudged a felon, and shall suffer
death without benefit of clergy. And if any person or persons
shall counterfeit any of the said bills of credit, loan office cer-
tificates or bills of exchange, by altering the denomination



1779] The StatiUes at Large of Pe^msylvania.

thereof with design to increase the value of such bills, cer-
tificates or bills of exchange, or shall utter such bills, cer-
tificates, or bills of exchange, knowing them to be so counter-
feited or altered as aforesaid, and shall be therefore legally con-
victed in any court of record in this state, such person or per-
sons shall be sentenced to the pillory and have both his or
her ears cut off and nailed to the pillory, and be publicly
whipped on his or her bare back with thirty-nine lashes well
laid on; and, moreover, every such offender shall forfeit the
sum of two thousand pounds, lawful money of Pennsylvania,
to be levied on his or her lands and tenements, goods and chat-
tels, the one moiety to the use of the state and the other moiety
to the discoverer, and the offender shall pay to the party grieved
double the value of the damages thereby sustained, together
with the costs and charges of prosecution, and in case the
offender hath not sufficient to satisfy the discoverer for his or
her damages and charges and to pay the forfeiture aforesaid
in such case the offender shall, by order of the court, where he
or she shall be convicted, be sold as a servant, for any term
not exceeding seven years for satisfaction.

[Section II.] (Section VI, P. L.) And be it further enacted
by the authority aforesaid, That if any person or persons shall,
within this state, prepare or make any paper of the similitude
or likeness of the paper prepared or made for and used by the
Congress of the United States of America, or the person or
persons employed by them for the purpose of striking their
paper bills of credit, continental loan office certificates or con-
tinental bills of exchange upon, and on which the same are or
shall be struck, printed or made; or if any person or persons
shall, within this state prepare or make any paper of the simili-
tude or likeness of the paper prepared or made for and used
by the legislative authority of this state for the purpose of
striking their paper money upon, and on which the same is or
shall be printed and made, and shall give, sell, deliver or other-
wise employ or v/illingly suffer the same to be taken by or de-



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