found by an indenture, quinqui partite, dated the sixteenth day of October, 1775, made between Benjamin Chew, Edward Shippen, Samuel Meredith, Joseph Shippen, and Andrew Allen, that each of them was entitled to one-fifth part of thirty-six thousand acres of land, then in the county of Northumberland, now of Luzerne, subject to one-fourth part thereof, by the said agreement, to be granted or allotted to Robert Wilson, or his assigns. That Messieurs Chew and Edward Shippen, by two distinct deeds, conveyed their respective shares to the said Samuel Meredith; that Robert Wilson conveyed three thousand acres of his share to the said Samuel Meredith; that the State is entitled to the share of Andrew Allen; that the quality being supposed to be nearly equal, we laid the several surveys of the said lands together, as nearly as might be, in quantities or tracts agreeably to their respective proportions, and divided them by lot, whereby nineteen thousand three hundred and two acres and ten perches fell to the share of Samuel Meredith, five thousand three hundred and seventy four acres to the share of Joseph Shippen, or of those who represent him, six thousand three hundred and sixty-nine acres and one-eighth to the share of Robert Wilson, or of those who represent him, and five thousand eight hundred and seventy-three acres to the State, in right of Andrew Allen, the several surveys and warrants for which are as follows, vizt: J. Shippen's warrant, 10 lots, 3190 140 Weshappine. William Govett, William McDonald, George Fullerton, Walter Stewart, John Read, John Allen, 3011 James Cunnings, 370 Thomas Wharton, 3751 Isauc Wharton, 3011 Charles Wharton, John Vicary, Daniel Reese, 3011 sing waters. Robert Taylor, 301 6,369 acres. Robert Wilson's share, State's share Andrew Allen, 10 do., 5,873 acres nock. 58 perches. 5873 58 We have had no persons or person who represent Joseph Shippen to consult with, or signify his, her, or their concurrence. We are, with due respect, your Excellency's and Honor's most Obedient and very humble servants, JOHN LUKENS, His Excellency Thomas Mifflin, Esquire. And the same being read and considered, it was, Resolved, To adopt the report, so far as the appropriation therein affects the State. The Comptroller General's reports upon the claim of the estate of Joseph Collier, for money paid into the State Treasury, vizt: one hundred and seventy pounds five shillings, Continental, amounting in specie to the sum of two pounds five shillings and four pence, was read and approved, and an order issued to the Treasurer to return the said sum of two pounds five shillings and four pence, out of the Treasury to the said estate. The Comptroller General's reports upon orders of the Orphans' Court of Bedford county, in favor of the following persons, for their pensions, were read and approved, and orders were drawn upon the Treasurer for the several sums reported by the Comptroller to be due to them, payable out of the monies arising from the militia fines of the county of Bedford, vizt: Catherine Tantlinger, for the sum of twenty-two pounds ten shillings, ballance due of her pension from the fourteenth of February, 1786, till the fourteenth of August, 1787. Jane Delapt, for sixty-seven pounds seven shillings and six pence, for her pension due to her until the eleventh day of August, 1789. Elizabeth Henry, for sixty-seven pounds seven shillings and six pence, for pension due to her untill the eleventh of August, 1789. Upon application of Timothy Matlack, Reading Howell, and William Dean, commissioners appointed to view the river Delaware, an order was drawn on the Treasurer in their favor, for the sum of one hundred, payable out of the fund appropriated by act of Assembly passed the twenty-eighth of September last, to enable them to proceed in said business, for which sum they are to be accountable, and the Commissary of Military Stores was directed to furnish the said commissioners with one horseman's tent, one smaller tent, three camp kettles, and two musquets, the property of the State, to be returned when the business is compleated, or accounted for by the commissioners. On motion, Resolved, That the opinion of the Attorney General be taken upon the following question, vizt: "Whether Justices of the Peace and Pleas who have been commissionated for a certain county, and, a part of that county erected into a separate county, can continue to exercise the powers of the peace and pleas in that part erected into a new county, and separated from the old one," and that this opinion be requested of him by a committee of three; the members chosen were Colonels Smith and Willing, and Mr. Read. The Council met. PHILADELPHIA, Saturday, October 10th, 1789. PRESENT: The Honorable GEORGE ROSS, Esquire, Vice President. A transcript of the record of conviction of Francis Burns, otherwise called John Burns, Daniel Cronan, John Bennet, John Ferguson, otherwise called John Taylor, and John Logan, at a Court of Oyer and Terminer and General Jail Delivery held at Philadelphia for the city and county of Philadelphia the eighth day of October, 1789, for the murder of John McFarland, was laid before the Board, and the same being read and considered, it was thereupon, Ordered, That execution of the sentence of the said Court be made and done on Monday, the twelfth day of October instant, between the hours of ten and two o'clock, upon the several persons so convicted, and that a warrant under the lesser seal, directed to the Sheriff of the city and county of Philadelphia, do issue accordingly. The Comptroller General's report upon the accounts of Colonel Michael Lindemuth, for provisions furnished to his battalion of Berks county militia,. whilst employed in defence of the frontiers of said county, in the year 1780, was read and approved. The committee appointed to request the opinion of the Attorney General respecting the powers of Justices of the Peace and Common Pleas in new counties, laid before the Board the following, vizt: Third Street, October 9th, 1789. SIR-I have considered the clause in the act of Assembly for erecting Delaware county, which authorizes the Justices of the Peace and Judges of the Court of Common Pleas of Chester county, which by the division shall happen to reside in the new county, to exercise the same powers in Delaware that they possessed in Chester. As the Constitution vests the appointment of all Judges in the Supreme Executive Council, and a new Court is here erected, I am of opinion that no act of the Legislature can appoint the Judges of that Court, or give any persons authority to act as such, without being commissioned for that purpose by the President and Council; this part of the act, therefore, must be merely void. As to the Justices of the Peace, they being already elected by the people, and residing in their proper districts, I am of opinion that their authority may be continued by an act of the Legislature, and that such an act would not infringe upon the Constitution. I am, Sir, with great esteem, Hon'ble Mr. Smith. Your most obedient servant, WILLIAM BRADFORD, Junior. The Council met. PHILADELPHIA, Monday, October 12th, 1789. PRESENT: His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President. Letters from His Excellency the President of the United States, of the second and third instant, inclosing the following acts of Congress, vizt: An Act to establish the Judicial Courts of the United States. An Act to regulate the process in the Courts of the United States. An Act to explain and amend An Act for registering and clearing vessels, regulating the coasting trade, and for other purposes. An Act to recognize and adopt to the Constitution of the United States, the establishment of troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned. An Act providing for the payment of the invalids pensioners of the United States. An Act making appropriations for the present year. An Act to allow the Baron Glaubeck the pay of Captain in the army of the United States. An Act to alter the time for the meeting of Congress. A duplicate of An Act for allowing compensation to the members of the Senate and House of Representatives of the United States, and to the Officers of both Houses. An Act for the temporary establishment of the Post Office. An Act for allowing certain compensation to the Judges of the Supreme and other Courts, and to the Attorney General of the United States. |