wardens, be rendered incapable of exercising the office and duty of a pilot, and the certificate before given him shall be utterly void, and that all contracts and agreements made or to be made by and between any pilot and the master of any ship or vessel in distress for his aid and assistance shall be also void, and such pilot shall be entitled to ask, demand or recover no more than a reasonable reward for his said aid, assistance and service, any such contract notwithstanding.

[Section XV.] And be it further enacted by the authority aforesaid, That if any person or persons shall conceive him or themselves aggrieved by any judgment given by two justices in pursuance of this act, it shall and may be lawful for such person or persons to appeal to the next county court of common pleas to be held for the county where the said judgment shall be given; which said appeal shall be allowed by the said justices upon sufficient security given for prosecuting the same, and that the proceedings on such appeal shall be prosecuted on the same terms, in the same manner and under the same penalties as are directed by the act, entitled "An act for the more easy and speedy recovery of small debts." 1

[Section XVI.] And be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall take up any anchor and stock or cable in the bay or river Delaware, every such person or persons shall bring, or cause to be brought, every such anchor and stock or cable to the port of Philadelphia and deliver them to the president or one of the said wardens under the penalty of one hundred pounds, to be recovered in the court of common pleas for any county of this province, by action of debt, to be brought by the said president of the wardens for the time being or the person who shall rightfully own such anchor and stock or cable; and that upon the delivery of such anchor and stock or cable to the said president as aforesaid, and an appraisement thereof by any two of the said wardens to be appointed by the board for that purpose, the said board shall pay to the person or persons so taking up the said anchor and stock or cable such salvage not exceeding one-half of the value as in the judgment of a board of wardens shall be reason1 Passed March 1, 1745-46, Chapter 365.

able; and the said president shall, without delay, advertise the said anchor and stock or cable so delivered to him three times in some of the public newspapers published in the city of Philadelphia, unless the owner thereof or his factor do immediately appear and claim the same, and shall permit and suffer the said anchor and stock or cable to be viewed by any person or persons who shall make application to him for that purpose; and if any person or persons shall claim and make satisfactory proof of his or her right and property therein within the space of twelve months next after the date of the first advertisement before a board of wardens, the said anchor and stock or cable the property whereof shall be so proved shall be restored to such claimant upon his paying the salvage, with lawful interest for the same, and reasonable costs; but if no person or persons shall within the time aforesaid claim and make proof of his or their property in such anchor and stock or cable, then and in such case the said president shall expose the same to sale at public vendue at the London Coffee House or some other public place, and after deducting the salvage so paid as aforesaid, with the lawful interest thereof as aforesaid, and the charges reasonably accruing thereon, shall pay the overplus of the money proceeding from such sale to the person or persons who took up the said anchor and stock or cable so sold, and that the said wardens shall keep a fair record of the time of the delivery and name or names of the person or persons so delivering any anchor or cable, and of the weight, marks, claims and proofs thereof.

And whereas, in pursuance of the direction of an act of general assembly of this province, entitled "An act for erecting a lighthouse at the mouth of the bay of Delaware, at or near Cape Henlopen, for placing and fixing buoys in the said bay and river Delaware," etc., a lighthouse has been erected on Cape Henlopen and sundry buoys and beacons have been and are to be fixed in the bay and river Delaware for the more convenient and safe navigation to and from the said port of Philadelphia, at a great expense:

[Section XVII.] Be it therefore enacted by the authority aforesaid, That if any person or persons shall, after the publica1 Passed September 30, 1763, Chapter 502.

tion of this act, remove or destroy or be aiding and assisting in the removal or destruction of any of the said buoys or beacons, or shall burn or otherwise destroy or be aiding or assisting in the burning or destroying the said lighthouse and shall be apprehended in this province for the same and duly convicted thereof in any court of quarter sessions of the city or county where he shall be so apprehended, shall forfeit and pay the sum of one thousand pounds and suffer three years' imprisonment without bail or mainprise, and be whipped once in every year during such imprisonment at the common whippingpost with any number of lashes well laid on his bare back not exceeding thirty-nine.

[Section XVIII.] And be it further enacted by the authority aforesaid, That all fines, forfeitures, penalties and sums of money not hereinbefore appropriated shall be applied and appropriated by the said wardens for and towards the payment of the salvage aforesaid, the wages which shall from time to time become due to them, the salary of their clerk, the rent of a convenient office or place for holding their board and other necessary and incidental expenses arising from the execution of this act and all other costs, charges and expenses which have accrued by the execution of the several acts appointing wardens for the port of Philadelphia and remain unsatisfied; and in ̧ case the said fines, penalties, forfeitures and sums of money shall not be sufficient for the purposes aforesaid, that it shall and may be lawful to and for the said wardens to draw orders on the treasurer for the time being appointed by virtue of the before recited act, which said orders the said treasurer is hereby enjoined and required to pay and discharge.

And in order to enable the said treasurer to pay and discharge the said orders:

[Section XIX.] Be it enacted by the authority aforesaid, That there shall be laid, raised, collected and paid a further duty of tonnage upon all ships and other vessels (shallops and other small vessels trading within the bay and river Delaware, and along the coast as far as Sandy Hook, to the eastward, and Indian River, to the southward, only excepted), That is to say, for every ton of the burden or contents of all and every of the

said ships or vessels, the sum of one penny over and above the tonnage imposed by the several acts of assembly of this province imposing a duty of tonnage on ships and other vessels, which said duty of tonnage shall be raised, collected and paid by the same persons respectively and in the same manner, under the same penalties, as the duty of tonnage mentioned in the same several acts of assembly is directed to be thereby raised, collected and paid; and in case the said duty of tonnage hereby imposed shall be more than sufficient to discharge the said orders and the expenses incident to the laying, raising, collecting and paying the same, such surplus shall be applied towards discharging the certificates issued for moneys legally borrowed by the commissioners for building and erecting a lighthouse at the mouth of the bay of Delaware.

[Section XX.] And be it further enacted by the authority aforesaid, That so much of the said act of general assembly, entitled "An act for erecting a lighthouse at the mouth of the bay of Delaware, at or near Cape Henlopen," etc.,1 as relates to the penalty imposed on such person or persons as shall designedly take up, remove or destroy the buoys placed in the bay or river Delaware shall be and is hereby declared to be repealed, null and void.

[Section XXI.] And be it further enacted by the authority aforesaid, That the said wardens shall yearly and every year lay their accounts of the money by them received and disbursed for the purposes herein mentioned before the committee of assembly for the time being appointed for the settlement of the public accounts, to be by them examined, adjusted and laid before the assembly then sitting.

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

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 February 8, 1766, Chapter 536. Repealed by the Act of Assembly passed February 26, 1773, Chapter 671.

1 Passed September 30, 1763, Chapter 502.

CHAPTER DCXXXIII.

AN ACT FOR THE RELIEF OF GEORGE HAWKINS, CONRAD KEHMLE AND JONATHAN HOBBY, LANGUISHING PRISONERS IN THE GAOL OF PHILADELPHIA, WITH RESPECT TO THE IMPRISONMENT OF THEIR PERSONS.

Whereas it hath been represented to the assembly of this province by the several petitions of George Hawkins, Conrad Kehmle and Jonathan Hobby, that they are languishing prisoners in the gaol of Philadelphia, and that although they are willing to assign over all their respective effects to the use of their respective creditors for the payment of their respective debts and to discharge such as shall thereafter remain unpaid as soon as by their industry they can find means of satisfying such creditors, yet by their imprisonment they are disabled from putting in execution their just intentions and are reduced to great distress:

[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 justices of the county court of common pleas for the county of Philadelphia, or any three of them, shall, on application for that purpose to them in writing made by the said George Hawkins, Conrad Kehmle and Jonathan Hobby, or either of them, appoint a certain day and place for holding a special court of common pleas, whereof due notice shall be given to the creditor or creditors at whose suits they respectively stand charged by leaving the same in writing at his, her or their last place of abode, at which time and place the said justices, or any three of them, shall, by an order or rule of the said court,