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Ordinance for the Relief
of the Prisoners in the
Several Gaols in the
State of Pennsylvania.

    PHILADELPHIA.
    An ORDINANCE for the RELIEF of the PRISONERS in the several Gaols in the STATE of PENNSYLVANIA. WHEREAS at this time the Courts of Justice within this State are surceased, and all process and proceedings, by which suits can be legally commenced, proceeded in, or determined, are, by the authority of the people, justly and totally suppressed: And whereas the detaining in custody debtors under execution, who are willing to deliver up their estates for the use of their creditors, or debtors confined under mesne process, who have no legal mode of entering bail, in order to free their persons from imprisonment, is not only oppressive, but can be of no real benefit or advantage to the creditors; and whereas a total change or government, by the assistance of Divine Providence, has been effected within the United States, and acts of grace to criminals sometimes are granted on events of such importance.

    Be it ordained and declared, by the Representatives of the freemen of the State of Pennsylvania in General Convention met, That all and every person and persons imprisoned or detained in any gaol within the State, by reason of any process, writ, or commitment, for debt or any criminal offence whatsoever (except for capital offences, or practices against the present virtuous measures of the American States, or prisoners of war) be forthwith released and discharged, Provided always, That all and every person and who shall take and claim the benefit of this ordinance, shall, before his her or their discharge, exhibit a petition in their respective counties, where such person or persons are confined, to the persons herein after named, setting forth the reasons of such imprisonments, and if he, she or they, so petitioning, shall be charged in execution, such prisoner or prisoners shall, with his, her or their petition, annex the name of his, her of their creditors, and the debts due, as near as can be, and certify an account of his, her or their whole real and personal estate, with the securities wherein any part of it consists, and the deeds, books of accounts, notes or bonds relating thereunto; and upon such petitions and certificates delivered, the persons hereinafter named, in the respective counties, or any two of them may, and they are hereby required to order such prisoners to be brought before them, and administer or tender to such persons the oath or affirmation heretofore required and taken in cases of insolvent debtors, by Act of Assembly of Pennsylvania, made in the year of our Lord, 1729: And upon having taken such oath or affirmation, such prisoner or prisoners shall make an assignment of such his, her or their estate, in the same manner as required by the said Act of Assembly, and to and for the purposes therein mentioned, and subject to the pains and penalties declared in the said Act; and thereupon he, she or they shall be discharged out of custody; from and after which discharge he she or they shall not at any time hereafter be imprisoned for the same or debts, for which he she or they have made such assignment.

    And in case it shall appear that the person or persons confined is or are in custody upon mesne process only, the persons hereafter named, or any two of them, in the respective counties, shall, and are hereby required, by order in writing under their hands, to discharge such prisoner or prisoners from his her or their confinement; Provided nevertheless, That such suit or action shall not cease until finally determined by due course of law.

    And be it further ordained, That George Bryan, James Young, Jacob Schryner, John Bull, Henry Hill, and Peter Knight, of the city and county of Philadelphia, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the city and county of Philadelphia; and John Wilkinson, Henry Wynkoop and James Wallace, of the county of Bucks, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners, in the gaol of the county of Bucks; and David Cowpland, John Crosby and John Sellers, of the county of Chester, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of Chester; and William Henry, William Bowsman and John Hopson, of the county of Lancaster, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of Lancaster; and Samuel Johnston, Martin Echelberger and William Leas, of the county of York, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of York; and Robert Miller, John Holmes and Stephen Duncan, of the county of Cumberland, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of Cumberland; and James Read, William Raser and Daniel Hiester, of the county of Berks, or any two of them, be hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of Berks; and Robert Trail, Abraham Birlain and Henry Barnet, of the county of Northampton, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of Northampton; and William Todd, Charles Cissna and Robert Elliot, of the county of Bedford, or any two of them, be and are hereby nominated, impowered an required, to hear and discharge the prisoners in the gaol of the county of Bedford; and Samuel Hunter, Laughlin McCartney and John Boyd, of the county of Northumberland, or any two of them, be and are hereby nominated, impowered and required, to hear and discharge the prisoners in the gaol of the county of Northumberland; and Edward Cook, Robert Hanna and David Simple, of the county of Westmoreland, or any two of them, be and are hereby nominated, impowered and required to hear and discharge the prisoners in the gaol of the county of Westmoreland. And that all sheriffs and gaolers, heretofore elected and appointed, and all persons within this State, give due obedience to the said persons, or any two of them, within their several counties, who have been hereby authorized and appointed to hear and discharge the prisoners aforesaid.

    And be it farther ordained, That the several and respective sheriffs and gaolers of the several and respective counties, heretofore elected and appointed, shall, and they are hereby authorized, directed and commanded to keep in safe custody all such persons that now are or shall hereafter be committed to them for capital offences, practices against the present virtuous measures of the American States, and prisoners of war, until they shall be discharged by due course of law, or by the authority of the Honorable the Congress of the United States.

    By order of the Convention,

    GEORGE ROSS, Vice President. Passed August 1, 1776. Attest. JOHN MORRIS, jun. Secretary.

    An ORDINANCE to prevent the Counterfeiting the Paper Money issued by the Honourable the Continental Congress, or by this or any other of the United American States.

    WHEREAS great mischiefs may arise to the United States of America, and the property of the good people inhabitants thereof rendered precarious and insecure, by wicked and designing persons counterfeiting the paper bills of credit, issued by the Honourable the Continental Congress, or by and of the United States of America, For remedy whereof, be it ordained and declared, and it is hereby ordained and declared by the Representatives of the Freemen of the State of Pennsylvania in General Convention met, That if any person or persons shall presume to counterfeit any of the bills of credit issued, or hereafter to be issued, by the Honourable the Continental Congress, or by and under any laws or resolves of the Assembly of Pennsylvania, or by the Legislatures or Assemblies, or Conventions, of this or any other of the United States, by printing or procuring the same to be printed, in the likeness of the said genuine bills of credit; and also if any person or persons shall forge the name or names of the signers of the true bills of credit, to such counterfeit bills, whether the counterfeiting of the bills or names be done within this State or elsewhere, or shall utter such bills knowing them to be so counterfeited as aforesaid, and being thereof legally convicted by confession, standing mute, or by verdict of twelve men, in any court of oyer and terminer hereafter to be erected within this State, he, she, or they shall suffer death. And the discoverer or informed shall have, as an encouragement for his or her discovery, the sum of Fifty Pounds, to be levied out of the goods and chattels, lands and tenements of the person convicted; and if no such goods or chattels, lands or tenements can be found, a reward of Twenty Pounds shall be paid out of the public treasury. And if any person or persons shall counterfeit any of the said bills of credit, by altering the denomination of the said bills, with design to increase the value of such bills, or shall utter such bills, knowing them to be so counterfeited or altered as aforesaid, and shall be thereof legally convicted in any court of record hereafter to be established in this State, such person or persons shall be sentenced to the pillory, and have both his or her ears cut off, and nailed to the pillory, and be publicly whipped, on his or her bare back, with thirty-one lashes well laid on.

    And moreover, every offender shall forfeit the sum of One Hundred Pounds, to be levied on his lands and tenements, goods and chattels, the one half to the use of the State, and the other half to the discoverer. And the offender shall pay the party double the value of the damages thereby sustained, together with the costs and charges of prosecution; and in case the offender hath not sufficient to satisfy the discoverer for his or her damages and charges, and pay the forfeiture aforesaid, in such case the offender shall, by order of the court where he or she shall be convicted, be sold for any term not exceeding seven years, for satisfaction; and in such case the Treasurer of this State shall reward the discoverer of such insolvent offender to the value of Five Pounds out of the public monies in his hands. And every such counterfeit bill shall be delivered to the said Treasurer, to be burnt and destroyed.

    And be it farther ordained and declared, That the proper bills of credit issued by the Honourable the Continental Congress, or under the late laws, or by the resolves of the late Assembly of Pennsylvania, shall be legal tender in all cases whatsoever within this State.

    By order of Convention,

    GEORGE ROSS, Vice President. Passed August 1, 1776. Attest. JOHN MORRIS, jun. Secretary.


Source:

Unknown, "Ordinance for the Relief of the Prisoners in the Several Gaols in the State of Pennsylvania," Pennsylvania Gazette, Philadelphia, Pa., Wednesday, 7 August 1776, p. ?.

Created September 11, 2003; Revised September 17, 2003
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