ing John Franklin, a State prisoner, from the third to the thirtyfirst of January, 1789, according to the Comptroller General's report.

The Attorney General appearing in Council, and informing the Board that, by the instructions he received the twentieth ultimo, respecting the suit brought by the Commonwealth against the Executors of Messrs. Stocker and Wharton, he is only authorised to indemnify the defendants from the demands of Davidson and Lees, and that they should be indemnified against all others.

Resolved, That the Attorney General be authorized to engage, on the part of this Commonwealth, in case of a recovery on this suit, to indemnify the defendants from any demands of Davidson and Lees, and all other persons whatsoever.

The following orders were drawn upon the Treasurer, vizt:

In favor of the IIonorable Samuel Miles, for one hundred and six pounds nine shillings and two pence, being a balance due to him by the State, agreeably to a decree of the Supreme Court in January last, upon an appeal of Colonel Miles to the said Court, from the settlement of his accounts by the Comptroller General, together with costs of suit.

In favor of Captain John Morrell, for two pounds eight shillings, payable out of the monies arising from militia fines in the city and Liberties of Philadelphia, in full of his account for gun powder used upon the birth-day of General Washington.

Joseph Kenne, Esquire, was appointed and commissionated a Justice of the Peace, and of the Court of Common Pleas, in and for the county of Luzerne, upon the return made according to law from the third district, in the said county.

On motion, it was

Resolved, To postpone the further consideration of the report of the Commissioners appointed to regulate the districts of Southwark, and townships of Moyamensing and Passyunk.

Upon consideration of the report of the Committee to whom was referred the application of Anthony Butler, in behalf of Messieurs John Penn, Junior, and John Penn,

Resolved, That warrants issue on the Treasurer in favor of John Penn, Junior, and John Penn, Esquires, for the several instalments of the one hundred and thirty thousand pounds sterling reported by the Comptroller General to be due to them respectively, payable out of the funds appropriated for that purpose by an act of Assembly, entituled "An Act for furnishing the quota of this State towards paying the annual interests of the debts of the United States, and for funding and redeeming the interest of the public debts of this State," passed the sixteenth day of March, 1785.

The fine of ten pounds to the Commonwealth adjudged to be paid by Robert Hiddleson, of the county of Chester, upon his being convicted at the last Court of Quarter Sessions held in that county, of fornication and bastardy, was remitted, upon his petition and a recommendation from a number of the inhabitants of Chester county.

Upon consideration of the report of the Committee to whom was referred the petition from Stephen Jenkins, praying remission of the fine and imprisonment to which he was sentenced for a riot by the last Court of Oyer and Terminer, held in Luzerne county,

Resolved, That the remainder of his punishment by imprisonment be remitted, and that the Prothonotary of the said county be directed to take the said Jenkins's security for the payment of the fine of one hundred dollars, to be recovered against him, when orders for that purpose shall be given by Council.

An order was drawn upon the Treasurer in favor of the Honorable Abraham Smith, Esquire, for fifty-two pounds ten shillings, in full of his account for attendance in Council from December the seventh, 1788, untill February the sixteenth, 1789, inclusively.

William Haslet, Esquire, was appointed and commissionated a Justice of the Peace and of the Court of Common Pleas in and for the county of Chester, upon a return made according to law for the district of the townships of West Caln, Sadsbury, and West Fallowfield, in the said county.

Upon the second reading of a certificate of the Court of Quarter Sessions of Northumberland county, (received and read in Council August the twenty-sixth, 1788,) that the division which has been made of the district of the Loyalsoc and Washington townships, for a more convenient election of Justices of the Peace is necessary, and will be usefull,

Ordered, That the said division be confirmed.

Upon the petition and recommendation in favor of Jacob Hugley, praying remission of the fine of fifty pounds, which was imposed upon him by the Court of Quarter Sessions of Cumberland county, for an assault and battery;

Ordered, That the said fine be remitted.

The Council met.

PHILADELPHIA, Tuesday, February 17th, 1789.

PRESENT:.

His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President.

The report of the committee to whom was referred the letter from Thomas Scott, Esquire, with the proceedings of the General Assembly thereon, was read and adopted as follows, vizt:

Resolved, That the letter from Thomas Scott, Esquire, of the twentieth of January last, together with the proceedings of the General Assembly on the same, be transmitted by the earliest opportunity to the said Thomas Scott, with an intimation that it would be agreeable to Council if he would endeavour to serve during the first session of Congress, or until his place can be supplied without expence to the State at the next annual election.

Upon consideration of the report of the committee to whom was referred the order of Orphans' Court of the county of Northumberland, for granting to the widow of Lemuel Lewis, twelve shillings per month from January, 1781, to the present time,

Resolved, That the direction of the said Orphans' Court cannot be complied with, it appearing by the Comptroller General's report that the said Samuel Lewis, was not in actual service at the time of his death.

The Council met.

PHILADELPHIA, Wednesday, February 18th, 1789.

PRESENT:

His Excellency THOMAS MIFFLIN, Esquire, President. The Honorable GEORGE ROSS, Esquire, Vice President.

The following orders were drawn upon the Treasurer, vizt:

In favor of Francis Bailey, for ninety-four pounds four shillings and six pence, in full of his account for advertiseing in the Free

man's Journal, the tax lists of non-seated lands in the counties of Bucks, Bedford, Franklin, Fayette, and Huntingdon, for the years 1787 and 1788, according to the Comptroller General's report.

In favor of John Biddle, for eighty-five pounds five shillings and three, amount of his account for rations supplied the Invalid Guard, in the month of November and December, 1788, and January, 1789, according to the Comptroller General's report.

In favor of Captain John Smith, for fourteen pounds five shillings, payable out of the monies arising from militia fines in the county of Chester, being amount of an account of pay due to Lieutenant and three privates of his company of Chester county militia, for militia service in September, 1781, according to the Comptroller General's report.

On motion,

Resolved, That to morrow Council will take into consideration the case of Charles Read, now confined in the jail of this city under sentence of death, for murder.

Upon the second reading of the petition and recommendation in favor of Matthew Hare, of Montgomery county, praying remission of the fine of ten pounds, which has been imposed upon him by the Court of Quarter Sessions of the said county, upon his being convicted of fornication,

Ordered, That the said fine be remitted.

The several fines adjudged to be paid to the use of the Commonwealth by James Spence, James Murphy, and John Gibbons, now confined in the jail of the city and county of Philadelphia for larceny; and the fiue of David Griffiths, confined in the same jail for an assault and battery, were also remitted upon their several petitions.

Petitions from John Lovely, Michael Rinn and Jacob Drayer, now confined in the jail of this city, praying remission of their fines and punishment at hard labour, to be released from confinement; and also a petition from the Invalid Guards, praying that Captain McLean may be restored to the command of the said Guard, were read the second time and dismissed.

A petition from Messieurs Brown and Shortall, praying Council to grant them an order for forty-four pounds three shillings and one penny, payable out of the money which is said to be due to the children of Captain William Shippen, to pay them for lumber furnished to the guardian of the said children, for their use, was read the second time; and thereupon

Resolved, That Council cannot grant the prayer of the said petition, and that the petitioners have leave to withdraw the same.

Petitions from Thomas McCormick and Thomas Jones, disabled soldiers, late of the army of the United States, stating their distressed situation and praying Council to grant them some relief, were read and referred to the Comptroller General to report thereon.