Gambar halaman
PDF
ePub

expense and trouble that many servants, after having faithfully discharged their duty and servitude, are discouraged from prosecuting their suits and thereby deprived of their just dues:

For the remedying whereof:

[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 it shall and may be lawful to and for the justices in the court of quarter sessions for the city of Philadelphia, or any county within this province, on complaint made by petition presented to them by any servant who shall have served out his or her time, that his or her last master or mistress, their executors or administrators, have not furnished him or her with freedom dues and performed the covenants in his or her indentures mentioned, to cause the said master or mistress, their executors or administrators, to come before them, and after hearing the allegations of the parties and evidences, if it shall appear to them just and reasonable, to adjudge, order and direct delivery or payment of such freedom dues, sums of money or other things as shall be justly due to the said servant at the expiration of his or her servitude according to law and the covenants in his or her indentures mentioned; and if the said master or mistress, his or her executors or administrators, shall neglect or refuse to comply with such order of the said justices in such time as shall be by them appointed, to adjudge the value of such freedom dues and judgment and award execution, with reasonable costs of suit, to be levied by any constable accordingly; and if the said petitioner shall be by the said justices found to have no just cause of complaint, he or she shall pay all costs, to be recovered and levied in manner aforesaid.

And whereas doubts have arisen whether by virtue of the act to which this is a supplement the justices in their general sessions can, after the expiration of the time of servitude, legally make any order obliging the person who was a servant, and

during his or her servitude had quitted the service of his or her master or mistress, further to serve such former master or mistress as a satisfaction for the damages and charges sustained thereby:

To remove the said doubts and also to provide a just recompense to such master or mistress, his or her executors or administrators, in any case where a servant shall quit his or her service:

[Section II.] Be it enacted by the authority aforesaid, That if any person being a servant shall absent him or herself from the service of his or her master or mistress without leave first obtained, the justices aforesaid shall, at their general quarter sessions, upon application made to them by the master or mistress, his or her executors or administrators, whether such application be before or after the expiration of such person's time of servitude, oblige such person to make a full recompense for the damages and charges the said justices shall adjudge to be sustained by such absence, either by serving five days for every day he or she was so absent, or by such other reasonable satisfaction as to the said justices shall seem meet.

[Section III.] And be it further enacted by the authority aforesaid, That so much of the act of assembly herein before mentioned as relates to servants having a new grubbing hoe, an axe and a weeding hoe at the expiration of their servitude and so much thereof as is hereby altered shall be and is hereby repealed and made 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, and the note to the Act of Assembly passed November 27, 1700, Chapter 49.

CHAPTER DCXXVI.

AN ACT DECLARING THE RIVERS DELAWARE AND LEHIGH AND PARTS OF NESHAMINY CREEK AS FAR UP AS BARNSLEY'S FORD, AND OF THE STREAM CALLED LECHAWAXIN AS FAR UP AS THE FALLS THEREOF, COMMON HIGHWAYS, AND FOR IMPROVING THE NAVIGATION IN THE SAID RIVERS.

Whereas the improving the navigation in rivers is of great importance to trade and commerce:

And whereas the rivers Delaware and Lehigh may be rendered much more navigable than they now are:

And whereas many persons desirous to promote the public welfare have subscribed large sums of money for the purposes aforesaid, and it is represented to the assembly of this province that more considerable sums would be contributed for the same purposes if commissioners were appointed by law to receive such subscriptions and duly to apply them:

[Section I.] Be it therefore 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 the rivers Delaware and Lehigh and parts of Neshaminy creek as far up as Barnsley's Ford, and no further, and the stream called Lechawaxin, as far up as the falls thereof, be and they are hereby declared to be common highways for the purposes of navigation up and down the same.

[Section II.] And be it further enacted by the authority aforesaid, That Joseph Galloway, Joseph Fox, Michael Hillegas, Abel James, Samuel Rhoads, James Allen, Peter Knight, Esquires; Daniel Williams, Henry Drinker, Clement Biddle, Jeremiah Warder, the younger, Jacob Bright, John Baldwin, Richard Wells, gentlemen; Thomas Yardley, Adam Hoops,

Jacob Orndt, Peter Kechline, Henry Kooken, Esquires; William Ledley, Nicholas Depui, son of Samuel, Jacob Stroud and John Arbo, gentlemen, be and they are hereby appointed and constituted commissioners for improving the navigation in the said rivers Delaware and Lehigh, who, or a majority of whom, the survivors or a majority of such survivors, shall have full power and authority by virtue hereof to collect, recover and receive from any person or persons whatsoever all such sums of money which have been or shall be given or subscribed for rendering the said rivers more navigable, and so much of the said moneys as may be necessary for that purpose to lay out and apply for and towards improving the navigation in the said river Delaware, from the lower part of the falls near Trenton to the forks thereof at Easton, and the residue thereof to lay out and apply for and towards improving the navigation in that part of the said river called the Eastern, or Main Branch, and in the said river Lehigh, in proportion respectively to the sums subscribed by the inhabitants of Pennsylvania and New Jersey residing near the said Eastern Branch and by the inhabitants of this province residing near the said river Lehigh.

Provided always, That such sums of money as have been or shall be given or subscribed for the improving the navigation in either of the said rivers above the forks aforesaid separately shall be laid out and applied for and towards that purpose and no other.

[Section III.] And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, their survivors, or a majority of such survivors, shall have full power and authority by themselves, their agents, servants and workmen, to clear, scour, open, enlarge, straighten or deepen the said rivers wherever it shall to them appear useful for improving the channels, and also to remove any obstructions whatsoever either natural or artificial which may or can in any manner hinder or impede the navigation in the said rivers, or either of them, and to make and set up in the said rivers, or either of them any dams, pens for water locks, or any other works whatsoever, and the same to alter or repair as they shall think fit, and also to appoint, set out and make near each or either

of the said rivers, paths or ways which shall be free and open for all persons having occasion to use the same, for towing, hauling or drawing any vessels, boats, small craft and rafts of any kind whatsoever, and from time to time to do and execute every other matter or thing necessary or convenient for improving the navigation in the said rivers, or either of them.

Provided always, That no dam, pen, lock or other work made or set up by the said commissioners shall be appropriated to the private use or benefit of any person or persons whatsoever.

[Section IV.] And be it further enacted by the authority aforesaid, That no person or persons whatsoever shall presume to divert, lead or draw at any time or times by any race or other device any water of the said rivers, or either of them, out of or from the natural course or channel for the use of any mill or water work.

[Section V.] And be it further enacted by the authority aforesaid, That if any person or persons shall presume to oppose or hinder the said commissioners, or any of them, their agents, servants and workmen, or any of them, from doing any act which they are hereby authorized and empowered to do, or shall make, erect, set up, repair or maintain, or shall be aiding, assisting or abetting in making, erecting, setting up, repairing or maintaining any dam or obstruction which may or can in any manner hinder or impede the navigation in the said rivers, or either of them, or shall remove, destroy, throw down, alter, injure or impair any dam, pen, lock or other work made or set up by the said commissioners or by order of them, or a majority of them, their survivors, or a majority of such survivors, every person so offending, being legally convicted thereof by verdict of a jury or by his own confession before the justices of the peace in their court of general quarter sessions, shall forfeit and pay fifty pounds lawful money of this province for every such offense, or shall suffer imprisonment for twelve months, without bail or mainprise, one moiety of which forfeiture shall be paid to the informer and the other moiety to the commissioners herein appointed, or the survivors of them as aforesaid, to be applied for and towards improving the navigation in the said rivers.

And whereas doubts may arise in what counties offenses com

« SebelumnyaLanjutkan »