Page images
PDF
EPUB

all and all Manner of Treafons, Murders, Manflaughters, and all Manner of Felonies, and other Crimes and Offences, Capital and Criminal, whatfoever, according to the Laws of this Province and of the Kingdom of England, with Power alfo to hear and determine all petty Larcenaries, Routs, Riots, unlawful Affemblies; and to try and punish all Perfons that fhall be convicted for Drunkenness, Swearing, Scolding, breaking the Peace, or fuch like Offences, which are by the Laws of this Province to be punished by Fine, Imprisonment or Whipping; with Power alfo to award Process against all Rioters and Breakers of the Peace, and to bind them, and all other Offenders and Perfons of evil Fame, to the Peace or good Behaviour, as any Juftice or Juftices of the Peace can do, without being accountable to me or my Heirs, for any Fines or Amerciaments to be impofed for the faid Offences, or any of them.

And I do hereby impower them, or any four of them (whereof the Mayor and Recorder for the Time being fhall be wo) with the City Sheriff and Town-Clerk, to hold and keep a Court of Record, Quarterly, or oftener, if they fee Occafion, for the enquiring, hearing and determining of the Pleas and Matters aforefaid; and upon their own View, or after a legal Procedure in fome of thofe Courts, to caufe all Nuifances and Encroachments in the Streets of the City to be removed, and punish the Parties concerned, as the Law and Ufage in fuch Cafes fhall require.

And I do by these Prefents affign and appoint, that the present Mayor, Recorder, and Aldermen herein before-mentioned, be the present Juftices of the Peace, and Oyer and Terminer, within the faid City; and that they and all others that fhall be Mayors, Recorders, and Aldermen of the faid City for the Time being, fhall have full Power

and

and Authority, and are hereby impowered and authorized, without any further or other Commiffion, to be Juftices of the Peace, and of Oyer and Terminer, within the faid City for ever; and fhall alfo be Juftices of the Peace, and the Mayor and Recorder shall be of the Quorum of the Juftices of the County Courts, Quarter-Seffions, Oyer and Terminer, and Gaol Delivery, in the faid County of Philadelphia; and fhall have full Power to award Process, bind to the Peace or Behaviour, or commit to Prison, for any Matter or Cause, arifing without the faid City, and within the Body of the aforefaid County, as Occafion fhall require; and to cause Kalendars to be made of fuch Prifoners, which, together with all Recognizances and Examinations taken before them, for or concerning any Matter or Cause not determinable by them, fhall be duly returned to the Judges or Juftices of the faid County, in their respective Courts where the fame fhall be cognizable.

And that it may be lawful to and for the faid Mayor and Commonalty, and their Succeffors, when they see Occafion, to erect a Gaol or Prison and Court-House within the faid City.

And that the Mayor and Recorder for the Time being, fhall have, and by these Presents have Power to take Recognizance of Debts there, according to the Statute of Merchants, and of Action Burnel; and to use and affix the common Seal thereupon, and to all Certificates concerning the fame.

And that it may be lawful to and for the Mayor of the faid City, for the Time being, for ever hereafter to nominate, and from Time to Time appoint the Clerk of the Market, who fhall have Affize of Bread, Wine, Beer, Wood, and other Things; and to do, execute and perform all

Things belonging to the Clerk of the Market within the faid City.

And I will that the Coroners to be chofen by the County of Philadelphia for the Time being, fhall be Coroners of the faid City and Liberties thereof; but that the Freemen and Inhabitants of the faid City fhall, from Time to Time, as often as Occafion be, have equal Liberty with the Inhabitants of the faid County, to recommend or chufe Persons to ferve in the refpective Capacities of Coroners or Sheriffs for the County of Phila delphia, who fhall refide within the faid City.

And that the Sheriff of the faid City and County for the Time being, fhall be the Water-Bailiff, who fhall and may execute and perform all Things belonging to the Office of Water-Bailiff, upon Delaware River, and all other navigable Rivers and Creeks within the faid Province.

And in Cafe the Mayor of the faid City for the Time being, fhall, during the Time of his Mayoralty, misbehave himfelf, or mifgovern in that Office, I do hereby impower the Recorder, Aldermen, and Common-Council-Men, or five of the Aldermen and nine of the Common-CouncilMen of the faid City of Philadelphia, for the Time being, to remove fuch Mayor from his Office of Mayoralty; and in fuch Cafe, or in Cafe of the Death of the faid Mayor for the Time being, that then another fit Perfon fhall, within four Days next after fuch Death or Removal, be chofen in Manner as is above directed for electing of Mayors, in the Place of him fo dead or removed.

And left there fhould be a Failure of Juftice or Government in the faid City, in fuch Interval, I do hereby appoint, That the eldest Alderman for the Time being, fhall take upon him the Office of a Mayor there, and fhall excrcife the fame till ano

ther

ther Mayor be chofen as aforefaid; and in Cafe of the Difability of fuch eldest Alderman, then the next in Seniority fhall take upon him the faid Office of Mayor, to exercise the fame as aforefaid.

And in Cafe the Recorder, or any of the Aldermen or Common-Council-Men of or belonging to the faid City, for the Time being, fhall mifbehave him or themselves in their respective Offices and Places, they fhall be removed, and others chofen in their Stead, in Manner following, that is to fay, The Recorder for the Time being may be removed (for his Mifbehaviour) by the Mayor and two thirds of the Aldermen and CommonCouncil-Men refpectively; and in Cafe of fuch Removal, or of the Death of the Recorder, then to chufe another fit Person skilled in the Law, to be the Recorder there, and fo to continue during Pleasure as aforefaid.

And the Alderman fo mifbehaving himself, may be removed by the Mayor, Recorder, and nine of the Aldermen and Common Council-Men; and in Cafe of fuch Removal or Death, then, within four Days after, to chufe a fit Perfon or Perfons to fupply fuch Vacancies; and the Common-CouncilMen, Conftables, and Clerk of the Market, for Misbehaviour, shall be removed, and others chofen, as is directed in the Cafe of Aldermen.

And I do alfo, for me and my Succeffors, by thefe Prefents, grant to the faid Mayor and Commonalty, and their Succeffors, that if any of the Citizens of the faid City fhall be hereafter nominated, elected, and chofen to the Office of Mayor, Aldermen, and Common Council-Men as aforefaid, and having Notice of his or their Election, fhall refuse to undertake and execute that Office to which he is fo chofen, that then, and fo often, it fhall and may be lawful for the Mayor and Recorder, Aldermen, and Common-Council-Men,

or

or the major Part of the Aldermen and CommonCouncil-Men, for the Time being, according to their Discretion, to impofe fuch moderate Fines upon fuch Refufers, fo as the Mayor's Fine exceed not forty Pounds, the Alderman's five and thirty Pounds, and Common-Council-Men twenty Pounds, and other Officers proportionably, to be levied by Diftrefs and Sale, by Warrant under the common Seal, or by other lawful Ways, to the Ufe of the faid Corporation.

And in fuch Cafes it fhall be lawful to chufe others to fupply the Defects of fuch Refusers, in Manner as is as above directed for Elections.

And that it shall and may be lawful to and for the Mayor, Recorder, and at least three Aldermen for the Time being, from Time to Time, fo often as they fhall find Occafion, to fummon a Common-Council of the faid City.

And that no Affembly or Meeting of the faid Citizens fhall be deemed, or accounted a Common-Council, unless the faid Mayor and Recorder, and at least three of the Aldermen for the Time being, and nine of the Common-Council-Men, be prefent.

And alfo that the faid Mayor, Recorder, Aldermen and Common-Council Men for the Time being, from Time to Time, at their CommonCouncil, fhall have Power to admit fuch and fo many Freemen into their Corporation and Society, as they fhall think fit.

And to make (and they may make, ordain, conftitute and establish) fuch and fo many good and reasonable Laws, Ordinances and Conftitutions (not repugnant to the Laws of England and this Government) as to the greater Part of them at fuch Common-Council affembled (where the Mayor and Recorder for the Time being are to be al

ways

« PreviousContinue »