and others going by land or water to the said mills, and that the owners of the said mills have been at great charge and trouble from time to time for erecting, repairing, and still are like to be for maintaining the same for trade:

[Section III.] Be it enacted by the authority aforesaid that the said subscribers shall at all times provide a fit person to at tend the said draw-bridge, who shall draw up the same sufficiently for sloops, shallops, boats and small vessels to go up and down the said creek to the said mills without let or damage, at any time when required by any person that shall be going with such vessel or vessels to or from the said mills; and that there shall be left twenty feet at least where the bridge is erected, clear betwixt the timber or stone-work from the one side to the other of the said creek, that floats of logs may not be hindered from coming and going to the said mills; and if at any time the said bridge shall be a let or hindrance to any sloop, shallop or boat, or small vessel with mast and rigging, or float of logs, to pass by water up and down the said creek to and from the said mills, that then, on proof thereof made before the next county court for the said county, just and real damages shall be paid to the party grieved by the said undertakers.

And in case the said impediments be not removed, then the said bridge shall be pulled down by order of the governor and council.

Provided always, No person shall at any time be obliged to help or pay towards the building or maintaining the said. bridge without his free will and consent.

[Section IV.] Be it further enacted, That it shall and may be lawful for the subscribers within the said town and county, or the majority of them, to appoint a person to receive for each horse passing over the same the sum of one penny; and for each cart laden or unloaded the sum of two pence; which said rate or money so received shall be disposed of as the majority of the subscribers from time to time shall appoint, more especially for the encouragement of some person that may or shall attend the said bridge in order to the accommodating the boats, sloops or shallops that shall have occasion to pass up the said creek or down it as aforesaid.

Provided also and it is hereby intended, The said inhabitants or the subscribers shall satisfy and pay those persons to whom the lands belong to which the[y] fasten the said bridge on both sides [of] the creek.

Passed November 27, 1700; repealed by the Queen in Council, February 7, 1705-6. See Appendix I, Section II.

CHAPTER XC.

LAN ACT ABOUT COUNTRY PRODUCE TO BE CURRENT PAY IN THE TERRITORIES OF THE PROVINCE OF PENNSYLVANIA.

Whereas there is a necessity, for the sake of commerce, that the growth and produce of the territories annexed to the Province of Pennsylvania shall pass in the lieu of money:

[Section I.] Be it enacted by the Proprietary and Governor, by and with the advice and consent of the freemen of this Province and Territories in General Assembly met, and by the authority of the same, That all merchantable wheat, rye, indian-corn, barley, oats, pork, beef and tobacco, shall be accounted current pay at the market price within the said territories; except where contract is made for silver-money or other specie.

Provided, That where the debtor hath divers sorts of such country produce as aforesaid, it shall be in the election of the creditor which of them he will accept for his debt.]

Passed November 27, 1700; allowed to become a law by lapse of time, in accordance with the proprietary charter, having been considered by the Queen in Council, February 7, 1705-6, and not acted upon. This act applies only to the lower counties where it was probably never recognized: the portion of the original roll containing it has been entirely destroyed and the text above given is supplied from Act Book A, page 96.

CHAPTER XCI.

AN ACT CONTINUING AND CONFIRMING THE LAWS HEREAFTER EXPRESSED.]

[Section I.] Be it enacted by the Proprietary and Governor, by and with the advice and consent of the freemen of this Province and Territories in General Assembly met, and by the authority of the same, That these following laws confirmed or passed in the year one thousand six hundred and ninety-three, or since, viz., The law about court proceedings and summons (1); The law about trials by twelve men (2); The law about arrests (3); The law about false imprisonment (4); The law about acknowledging deeds in court (5); The law about seven years' quiet possession (6); The law about summoning of juries (7); The law about the manner of giving evidence and against such as lie in conversation (8); The law about appeals to the provincial court (9); The law about forms of writs (10); The law against persons judging in their own cause (11); The law about officers' fees, except the law about surveyors' fees (12); The law about Indian traders (13), are hereby continued, confirmed, ratified and declared to be in force until they be respectively altered or repealed.

And for prevention of all uncertainties, disputes and mischiefs that may arise or happen by the continuance of divers laws of the same or like purport.

[Section II.] Be it enacted and declared by the authority aforesaid, That all laws whatsoever heretofore made and used within this province and territories, of the same or like tenor with these laws aforegoing or any of them, shall be null and void; and they are hereby declared null and void to all intents and purposes.

Passed November 27, 1700; repealed by the Act of Assembly, passed
October 28, 1701, Chapter 105.

This act does not appear to have been submitted to the considera-
tion of the Crown, and is not recorded in the Act Book. The acts
severally mentioned in it were separately enacted at the same time
and follow immediately as Chapters 92 to 104, inclusive.

CHAPTER XCII.

[THE LAW ABOUT COURT PROCEEDINGS AND SUMMONS.

[Section I.] Be it enacted by the Proprietary and Governor, by and with the advice and consent of the freemen of this Province and Territories in General Assembly met, and by the authority of the same, That in all courts, all persons of all persuasions may freely appear in their own way, and according to their own manner, and there personally plead their own cause themselves, or if unable, by their friends: and that the first process shall be the exhibition of the complaint, fourteen days before the trial: and that the defendant may be prepared for his defense, he or she shall be summoned no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling house, to answer unto. But before the complaint of any person shall be received, he or she shall solemnly declare in open court, That he or she believeth in his or her conscience that his or her cause is just. And if the party complained against shall notwithstanding refuse to appear, the plaintiff shall have judgment against defendant by default.]

Passed November 27, 1700; allowed to become a law by lapse of time, in accordance with the proprietary charter, having been considered by the Queen in Council, February 7, 1705-6, and not acted upon. See Appendix I, Section II.

CHAPTER XCIII.

[THE LAW ABOUT TRIALS BY TWELVE MEN.

[Section I.] Be it enacted by the Proprietary and Governor, by and with the advice and consent of the freemen of this Province and Territories in General Assembly met, and by the authority of the same, That all trials in civil cases shall be by twelve

men, and as near as may be peers or equals, and of the neighborhood, and men without just exception: and in criminal matters of life there shall be first twenty-four returned by the sheriff for a grand inquest, of whom twelve at least shall find the complaint to be true; and then forty-eight shall be likewise returned by the sheriff, of whom twelve shall have the final judgment; but reasonable challenges shall be always admitted against all or any of them.]

Passed November 27, 1700; repealed by the Queen in Council, February 7, 1705-6. See Appendix I, Section II.

CHAPTER XCIV.

THE LAW ABOUT ARRESTS AND MAKING DEBTORS PAY BY SERVITUDE.

[Section I.] Be it enacted by the Proprietary and Governor, by and with the advice and consent of the freemen of this Province and Territories in General Assembly met, and by the authority of the same, And [sic] in case any man arrest another going out of the province, he shall be ready with his declaration and evidence the next day, and shall put in security to pay the charges and damages sustained by the party arrested, if he shall be found in the wrong.

[Section II.] And be it further enacted, That all persons of known estates refusing to pay their just debts if arrested and imprisoned, shall be kept at their own charges until security be given or satisfaction made.

Provided, That no persons shall be kept in prison for debt or fine longer than the second day of the next sessions after his or her commitment, unless the plaintiff shall make it appear that the person imprisoned hath some estate that he will not produce, in which case the court shall examine all the persons suspected to be privy in the concealing such estate; but if no es tate can be found, the debtor shall satisfy the debt by servitude as the county court shall order, if desired by the creditor.