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value of the goods and chattels, lands and tenements of the person or persons convicted, and if no such goods and chattels, lands and tenements, can be found, the sum of ten pounds, to be paid by the province. And if any person or persons shall counterfeit any of the said bills of credit by altering the denomination thereof with design to increase the value of the said bills, or shall utter such bills knowing them to be so counterfeited or altered, and shall thereof be legally convicted in any court of quarter sessions of the peace within this province, every such person and persons shall be sentenced to the pillory, have both of 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 one hundred pounds, to be levied on his or her lands, tenements, goods and chattels, one-half thereof to the use of the governor, and the other half 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 the prosecution; and in case the offender shall not have sufficient to satisfy such discoverer for his or her damages and pay the forfeiture aforesaid he or she shall be sold for any term not exceeding seven years to make such satisfaction; and in such case the said discoverer shall be paid by the province the sum of ten pounds; and every such counterfeit bill shall be delivered to the said treasurer to be made use of upon the trial of the person accused or suspected, and afterwards to be burnt, sunk and destroyed in the presence of a committee of assembly.

[Section VI.] And be it further enacted by the authority aforesaid, That Joseph Galloway, Benjamin Chew, Thomas Cadwalader, Joseph Fox, Michael Hillegas, John Morton and John Baynton, Esquires, or a majority of them, or the survivors of them, with the consent and approbation of the governor or commander in chief for the time being and not otherwise, shall apply and order the bills of credit so paid into the hands of the provincial treasurer for and towards building and erecting such fortifications and raising, victualing, clothing and paying so many officers and men as may be necessary for the defense and protection of the city of Philadelphia, and for those purposes

shall draw orders on the said treasurer as often as there may be occasion, which orders when paid shall be produced to the committee of assembly for the time being and by them be allowed in discharge of so much money as shall be therein expressed, and the said commissioners shall have for their trouble in discharging the duties hereby enjoined the sum of fifteen pounds each and no more.

And whereas it is expedient that the said bills of credit hereby directed to be made and emitted should be called in, sunk and destroyed as soon as conveniently may be:

[Section VII.] Be it therefore enacted by the authority aforesaid, That the said provincial treasurer shall and he is hereby enjoined and required out of the moneys which shall be in his hands arising from the said excise from time to time after the bills of credit made and emitted by virtue of the said act for raising twenty thousand pounds for the support of the government of this province and payment of the public debts shall be fully paid off and discharged, to pay off and discharge seven thousand pounds of the said bills of credit hereby directed to be made and emitted, and shall upon such payment receive the same bills of their respective bearers and shall yearly, as they come to his hands, deliver over the same to such committees of assembly as shall be annually appointed to settle the public accounts, to be by them burnt, sunk and destroyed.

And in order to pay off and discharge the sum of eight thousand pounds, residue of the said bills of credit hereby directed to be made and emitted:

[Section VIII.] Be it further enacted by the authority aforesaid, That the treasurer appointed or to be appointed by the commissioners elected by virtue of the act passed in the ninth year of His present Majesty's reign, entitled "An act for regulating, pitching, paving and cleansing the highways, streets, lanes and alleys, and for making and amending the watercourses and common sewers within the inhabited and settled parts of the city of Philadelphia, and for raising of money to defray the expenses thereof and for other purposes therein mentioned," 1 shall yearly and every year out of the moneys which

1

1 Passed February 18, 1769, Chapter 594.

shall come into his hands by virtue of this act pay off, discharge and redeem at least eight hundred pounds, part of the said eight thousand pounds hereby directed to be emitted, until the whole thereof shall be paid off and redeemed, for which purpose yearly and every year there shall be laid, assessed and levied a just and proportionable rate and tax on all estates real and personal and taxables within the said city by the same persons and under the same penalties, to be recovered in the same manner as the sums of money to be raised for the purposes mentioned in the [said] last-recited act are thereby directed to be laid, assessed and levied, and when so levied the same shall be paid to the said treasurer, to be by him applied from time to time to the payment and discharge of the said bills hereby directed to be emitted; and the said treasurer, upon such payment and discharge of the said bills, shall receive the same of their respective bearers and yearly as they come to his hands deliver them over to the committee of assembly for the time being appointed to settle the public accounts to be by them burnt, sunk and destroyed.

[Section IX.] And be it further enacted by the authority aforesaid, That so much of the said act, entitled "An act for granting to His Majesty the sum of twenty-three thousand five hundred pounds for the purposes therein mentioned,"1 as relates to the appointment of commissioners and disposition of the said sum of fifteen thousand pounds shall be and is hereby repealed and null and void.

Passed March 9, 1771. Referred for consideration by the King in
Council, October 9, 1771, and allowed to become a law by lapse of
time in accordance with the proprietary charter. See Appendix
XXIX.

CHAPTER DCXXIII.

AN ACT FOR REGULATING THE FISHERY IN THE RIVERS CODORUS AND CONNEWAGA IN YORK COUNTY.

Whereas it hath been represented to the assembly by petition from a number of the freeholders of the county of York that live 1 Passed May 14, 1762, Chapter 483.

on or near the rivers Codorus and Connewaga that their ancestors, themselves, and the poor adjacent inhabitants have formerly enjoyed great advantages from the fishery in the same rivers, but that the petitioners and others have for some time past been in great measure deprived of this benefit from divers persons having erected dams across the said rivers, to the almost total obstruction of the fish running up the same:

Wherefore for remedying the mischiefs aforesaid:

[Section I.] Be it enacted by the Honorable John Penn, Esquire, Lieutenant-Governor under the Honorable Thomas Penn and Richard Penn, Esquires, true and absolute Proprietaries of the Province of Pennsylvania and counties of Newcastle, Kent and Sussex upon Delaware, by and with the advice and consent of the representatives of the freemen of the said Province in General Assembly met, and by the authority of the same, That all and every person and persons whatsoever having already erected or that shall hereafter erect any mill-dam or other obstruction across the said river Codorus below the forks thereof, or Connewaga below the mouth of Bermudian creek, shall make, open and leave the space of five feet in breadth near the middle of said dam at least fourteen inches lower than any other part thereof, so that there be at least twelve inches depth of water during the months of March, April and May in every year constantly running through the same, and for every foot that the dam is or shall be raised perpendicular from the bottom of the said river there shall be laid a platform, either of stone or timber, or of both, with proper walls on each side, to confine the waters, which shall extend at least four feet down the stream and of the breadth aforesaid, to form a slope for the water's gradual descent; and that all and every person and persons who shall refuse or neglect to make or alter his, her or their dams in the manner directed as aforesaid within the term of one year next after this act shall be in force, every such person so offending contrary to the true intent and meaning of this act, being legally convicted thereof by the oath or affirmation of one or more witnesses or by his or her own confession, shall forfeit and pay the sum of one hundred pounds lawful money of this government for every such offense, or suffer twelve

months' imprisonment without bail or mainprise, one moiety of which forfeiture shall be paid to the informer or prosecutor and the other moiety to the overseers of the poor of the township where such offender shall reside for the use of the poor of the said township.

[Section II.] And be it further enacted by the authority aforesaid, That if any person or persons whatsoever from and after this act shall be in force shall erect, build, set up, repair or maintain, or shall be aiding, assisting or abetting in erecting, building, setting up, repairing or maintaining any weir, rack, basket, fishing dam, pound or other device or obstruction whatsoever within the said rivers below the places as aforesaid for the taking of fish, or that shall fix or fasten any net or nets across the same, or any part thereof, whereby the fish may be obstructed from going up the same, or that shall take, destroy or spoil any spawn, fry or brood of fish of any kind whatsoever in any such weir, rack, basket, pound or other device aforesaid, every such person so offending, being thereof legally convicted in manner aforesaid, shall forfeit and pay the sum of fifty pounds lawful money of this government for every such offense, or suffer six months' imprisonment without bail or mainprise, one moiety of which forfeitures shall be paid to the informer or person who shall prosecute for the same, the other moiety to the use of the poor of the township where such offender shall reside.

And for the more effectual detecting and punishing offenders against this act:

[Section III.] Be it enacted by the authority aforesaid, That the constables of each respective township which shall be bounded by or adjoining to any part of the said rivers shall and they are hereby enjoined and required, under the penalty of five pounds, to be recovered as debts not exceeding five pounds are directed by law to be recovered, and to be applied in the manner last aforesaid, carefully and diligently to inspect and view once at least in every month after this act shall be in force such parts of the said rivers as shall be adjoining to his respective township, and having any knowledge of any offense against this act, he shall forthwith give information to the next justice of

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