Item 76: Two Copies of Legal Acts by Samuel A. Law, [ca. aft. 1801 February 16], entitled, “An act to prevent intrusions of Lands within the Counties of Northampton, Northumberland & Luzerne,” passed 1795 April 11, and “An Act supplementary to an Act entitled ‘An Act to prevent intrusions on Lands within the Counties of Northampton, Northumberland & Luzerne (Removed to Black Box #1), approved 1801 February 16.
Item — Box: 12, Folder: 116
Dates
- Created: approved 1801 February 16.
Creator
- Law, Samuel A., 1771-1845 (Person)
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Access:
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Extent
1 items
Language of Materials
From the Collection: English
Type of Material:
Legal Act
Condition Note:
Good. Vinegar smell.
Measurement:
14 ¾ in. x 9 ¼ in. (closed); 18 in. x 14 ¾ in. (open)
Title:
An act to prevent intrusions of Lands within the Counties of Northampton, Northumberland & Luzerne; An Act supplementary to an Act entitled “An Act to prevent intrusions on Lands within the Counties of Northampton, Northumberland & Luzerne” passed the 11th April 1795
Description:
The following item depicts a copy by Samuel A. Law, a Delaware attorney and surveyor for the establishment of the town of Meredith in 1800. The item by Law contains copies of two acts titled, “An act to prevent intrusions of Lands within the Counties of Northampton, Northumberland & Luzerne,” passed February 11, 1795, and a second supplementary act titled, “An Act to prevent intrusions on Lands within the Counties of Northampton, Northumberland & Luzerne,” approved February 11, 1801. The two were estimated to have been copied some time after February 11, 1801.
The first act copied depicts the second act in 1801, a supplementary act titled, “An Act to prevent intrusions on Lands within the Counties of Northampton, Northumberland & Luzerne,” approved February 11, 1801, pertains to legislature stating that claims of trespass on the lands in question, namely Northampton, Northumberland, and Luzerne County, will be upheld and tried under law if they are found to have done so after the passing of the first act in 1795. However, if cause and evidence can be brought before the court that the person has trespassed or taken possession of the land prior to the passing of the act, they will have grounds for their case of possession to be heard before the court. There are further stipulations, sections 2-13, which cover considerations of repeat offenders, fines, and etcetera, such as can be seen in section 2, which stipulates a fine of $500 for persons on their second offense when found guilty. This act is heard and signed by Isaac Weaver, the Speaker of the House of Representatives, John Woods, the Speaker of the Senate, and Thomas McKean, the Governor of the Commonwealth of Pennsylvania.
The second act copied depict the first act in 1795, “An act to prevent intrusions of Lands within the Counties of Northampton, Northumberland & Luzerne,” 1795 April 11, pertains to legislature stating that claims of trespass on the lands in question, namely Northampton, Northumberland, and Luzerne County. The act stipulates that any person claiming or settling on lands in these counties without a title or grant issued by the Pennsylvania powers is to be found guilty of trespass and tried in state courts. The act states that they will be fined a sum of $200, which is to be split between the county and the informer equally. The person tried and found guilty would also be subjected to imprisonment, with a maximum sentence of 12 months. The act has further stipulations pertaining to persons who seek to offer and sell titles and surveys within these lands that are not assigned under Pennsylvania, such as section 1, and the actions and efforts of the county sheriff and coroner. This act was heard and signed by George Latimer, the Speaker of the House of Representatives, Robert Hare, the Speaker of the Senate, and Thomas Mifflin, the Governor of the Commonwealth of Pennsylvania.
A Coroner was an office established to aid the sheriff in executing warrants and ejectments for people in their counties.
These conflicts are taking place during the Yankee Pennamite Wars, particularly the Third Yankee Pennamite War in 1784. The Yankee Pennamite Wars were a three part war between Connecticut and Pennsylvania, as they attempted to resolve a dispute over the land in the upper regions of what is now Pennsylvania. King Charles II granted the land twice, once to Connecticut in 1662, and again to William Penn as he founded Pennsylvania in 1681. The Third Yankee Pennamite War was a military conflict following the Decree of Trenton decision to grant Pennsylvania ownership to the lands after decades of conflict between Connecticut and Pennsylvania.
Location:
Cheshire, New Haven Post Office
Transcription:
2d
An Act supplementary to an Act entitled “An Act to prevent intrusions on Lands within the Counties of Northampton, Northumberland & Luzerne” passed the 11th April 1795
Section I Be it inacted (sic) [enacted] by the Senate & House of Representation of the Commonwealth of Pennsylvania in general assembly met.--- and it is hereby enacted by the authority of the same. That is all Trials on Indictments for taking possession of, entering, intruding, or settling on, any Lands founded on the Act to which this Act is supplementary, proof that the person Indicted entered into, intruded, settled on, or was in possession of the said Land before the time of the passing of the said Indictment shall be sufficient to convict such person of the offence charged in the Indictment, unless the said person Indicted shall prove, that he or she entered upon, took possession of or settled on such Land before the time of the passing of the said Act to which this is supplementary, or that he or she had, at the time of his or her entering into, taking possession of or settling on such Land, is good & bona fide Title to such Land, derived from or under this Commonwealth, or the Proprietors of Pennsylvania before the Revolution. Section II And be it further enacted by the authority aforesaid. That if any person shall be convicted of a second offence against act to which this act is supplementary, on an Indictment for taking possession of entering, intruding, or settling on any Lands, such person upon such second conviction, shall forfeit and pay the sum of five hundred Dollars, one half to the use of the county. and the other half to the use of the Informer, and shall also be subject to such imprisonment, at hard labour, labour, not less than six months not exceeding two years, as the Court before whom such second conviction is had, in their discretion shall direct. And if any person shall be convicted as aforesaid, more than twice the Court before whom such subsequent conviction is had, may, in their desirection, adjudge that the person so convicted shall be imprisoned at hard labour for any term not less than two years, not exceeding seven years & pay a sum not less than five hund.d [hundred] Dollars, not more than one thousand Dollars, one half to the use of the County & the other half to the use of the Informer. Section III And be it further enacted by the authority aforesaid that the governor shall be, & he is hereby authorized & impower’d (sic) [empowered] to appoint an Agent, whose duty it shall be to make diligent inquiry into all offences committed or to be committed against the Act to which this is supplementary; and, for the purpose of making such inquiry, the said Agent, & all persons acting under his authority shall have power to enter upon any Lands within the Counties of Northampton, Wayne, Northumberland, Luzerne, & Lycoming, and to do any acts necessary for ascertaining the said Tract of Land, on which any Intruder lives, or any intrusion has been made. And the said Agent shall as quickly as possible & from time to time, send the attorney general, or his deputy in the proper County, a written account of the names of all offenders discovered by him, together with the names of the necessary witnesses, and the best information in his power on all matters necessary for prosecuting the offenders or any or either of them. Section IV. And be it further enacted by the authority aforesaid. That from & after the passing of this Act, every male person above the age of twenty one years, who shall come to reside in this Commonwealth, within the Counties of Wayne, Northampton, Luzerne, Northumberland or Lycoming, shall, within three months from the time of his arrival within the limits aforesaid deliver to the aforesaid Agent, or to the Constable of the Township, or to the Sheriff of the County in which he resides, or one of his deputies, a written Declaration of his name & places of abode and of the American State or of the Foreign Country in which he last resided, and also whether he claims any, and if any, what Lands within the bounds of the Commonwealth under a title derived directly, or indirectly from or through the Colony or State of Connecticut, or the Delaware or Susquehanna Company: and every such person who shall not have delivered such destination within the time aforesaid, shall be subject to the penalty of forty Dollars, one half to the use of the County, the other half to the use of the Informer, to be received before any Justice of the peace, together with legal costs. And every Officer aforesaid, to whom any such declaration shall be delivered, shall return the sums to the next Court of Quarter Sessions to be held in his County, under the penalty of one hundred Dollars for every default, to be recovered on conviction on Indictment, in any Court of Quarter Sessions, as of Oyer & Terminer to be held in the proper County, one half to the use of the Informer, the other half to the use of the County; and the several Clerks of the Courts of Quarter Sessions shall carefully preserve. Among their public papers, to be filed & recorded, all declarations delivered to them as aforesaid. Section V. And be it further enacted by the authority aforesaid. That if any person shall resist or obstruct the aforesaid Agent, or any person acting under his authority, or under the authority of this Act, every person so offending and every person who shall be an accessory before or after the fact, as also those who shall conspire to resist or obstruct the said Agent, or any person acting under his authority, or under the authority of this Act, shall on conviction forfeit and pay, for every such offence, a sum, not exceeding one thousand Dollars, and shall also be subject to imprisonment, at hard labour, for any period, not more than seven years, as the Court in their discretion shall direct. Section VI. And be it further enacted by the authority aforesaid. That in all actions of ejectment, hereafter to be brought in this Commonwealth, for any Lands, to which any title or claim under the Colony or State of Connecticut, or under the Connecticut, Susquehanna or Delaware Company, is pleaded or drawn into question, the plaintiff may recover by way of damages, satisfaction for the mesne profits of the Lands- recovered in any ejectment, down to the time of the entry of judgment in such ejectment. Section VII. And be it further enacted by the authority aforesaid. That in all actions of trespass, evict armies hereafter to be brought in this Commonwealth, wherein any title or claim under the Colony or State of Connecticut or under the Connecticut Susquehannah or Delaware Companies is pleaded or drawn into question, the plaintiff upon affidavit to be made by himself, or any person his behalf, shall be entitled to hold the defendant to spend Bail, for such sum as shall be directed by any Judge or Justice of the Court in which the Suit is brought. Section
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Section VIII. And be it further enacted by the authority aforesaid. That the Agent to be appointed in pursuance of this Act, shall hold his Office during the Governor’s pleasure, and shall prior to his acting in his office, take an Oath or affirmation, that he will diligently & faithfully execute the duties of his office: and the said Agent shall receive for his Services, a yearly compensation of one thousand two hundred Dollars, to be paid quarterly. Section IX. And be it further enacted by the authority aforesaid. That in every such action commenced aforesaid, the defendant shall at the first Term, put in his plea, specifying his title particularly, and if he shall refuse or neglect so to do, judgment shall be had against him as by default. Section X. And be it further enacted by the authority aforesaid. That if it shall be made to appear to the satisfaction of the Governor, by the Oath or Affirmation of the said Agent, or of any person or persons acting under his authority, or of any other credible person or persons, that that the said Agent or any persons acting under his authority, has good reason to apprehend personal danger, in the course of the discharge of his duty under this Act; it shall be lawful for the Governor, and he is hereby directed, to order out a sufficient part of the Militia of the Commonwealth, for the protection of all persons acting under the authority of this Act: and the detachment, so ordered out, shall receive the same pay and rations, and be subject to the same rules and regulations, as are provided in other cases. Section XI. And be it further enacted by the authority aforesaid That the Governor be and he is hereby authorized and directed to issue his proclamation forbidding all further intrusion, and enjoining & requiring all persons who have intruded, contrary to the provisions of the Act to which this Act is supplementary to withdraw peaceably from the Lands whereon such intrusions have been made, and enjoining & requiring all Affairs of Government, and all good Citizens of the Commonwealth, to prevent or prosecute by all legal means, such intrusions & intruders & to render in this several capacities, the most prompt & effectual aid for carrying into full execution the provisions of this Act and the Act to which this is supplementary. Section XII. And be it further enacted by the authority aforesaid. That it shall be the duty of the prothonotaries of the several Courts of Common pleas of the Counties of Northampton, Wayne, Northumberland, Lycoming and Luzerne, and they are hereby respectively enjoined & required, to read or cause to be read in open Court, this Act and the Act to which this Act is supplementary, at least once in each of the [four] Terms next after receiving it. Section XIII. And be it further enacted by the authority aforesaid. That all expenses which may arise under this Act shall be paid out of any unappropriated monies which may be in the State Treasury, on Warrants drawn by the Governor for that purpose. Isaac Weaver jun[io]r Speaker of the House of Representatives John Woods Speaker of the Senate Approved Feb[ruar]y. 16. 1801 Thomas McKean Governor of the Commonwealth of Pennsylvania 1st Act act to prevent intrusions of Lands within the Counties of Northampton, Northumberland & Luzerne Section I. Be it enacted by the Senate & House of Repres[entitive]s. of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That if any person shall, after the passing of this Act take possession of, enter, intrude, or settle on any Lands within the limits of the Counties of Northampton, Northumberland, or Luzerne, by virtue or under colour of any conveyance of half share right, or any other pretended Title, not derived from the authority of this authority of this Commonwealth as of the late Proprietaries of Pennsylv[ani]a. Before the Revolution, such persons, upon being duly convicted thereof, upon Indictment in any Court of Oyer & Terminer, at Court of General Quarter Sessions, to be held in the proper County, shall forfeit and pay the sum of two hundred Dollars, one half to the use of the County, and the other half to the use of the Informer; & shall also be subject to such imprisonment not exceeding twelve months, as the Court, before whom such conviction is had, may in their discretion direct. Section II. And be it further enacted by the authority aforesaid. That every person who shall combine or conspire for the purpose of conveying, possessing, or settling on any Lands within the limits aforesaid, under any half share right or pretended title as aforesaid, or for the purpose of laying out Townships by persons not appoint[e]d or acknowledged by the Laws of this Commonwealth, & every person that shall be accessary (sic) [accessory] thereto, before or after the fact, shall, for every such offence, forfeit and pay a sum not less than five hundred, not more than
Page 3: than one thousand Dollars, one half to the use of the county and the other half to the use of the Informer and shall also be subject to such imprisonment at hard labour, not exceeding eighteen months, in the Court in their discretion may direct. Section III. And be it further enacted by the authority aforesaid, That the Court wherein such conviction shall issue this Writ to the Sheriff of the County, wherein the said Offence has been comm.d[commenced] or the said conviction had, or if the said Court shall be of opinion, that the Sheriff or Coroner are not impartial, then to any other persons they may think proper, commanding him or them, together with the power of the County, if he or they should judge their assistance necessary, to proceed to the Lands in question, & therefrom to expel & reject all & every the person & persons thereon intended as aforesaid, and if the said Sheriff, or other person or persons appointed as aforesaid, should make return to the said Writ, that he or they have been unable to execute the same, by reason of the forcible resistance of the parties, or any other persons, or from a just apprehension of such resistances that would rend the execution thereof by himself or themselves, & the power of the County, impracticable, the Prothonotary of the Court to which such Writ is so return’d, shall forthwith transmit a copy of the said Writ and return, under the Seal of the said Court, to the Governor, and it, upon the said Return, or if, upon a Certificate signed by the President, or one of the Judges of the Court of Common Pleas of the proper County, or by one of the Judges of the Supreme Court, that the process of the Court has been resisted, or that there is reason to believe that the civil authority will be incompetent to the execution of this Law, the Governor shall deem it expedient to order out a portion of the Militia of this State to assist the civil authority in carrying into effect this Act, or any part thereof, the detachment so called out shall received the same pay & rations, & be subject to the same rules & regulations, as are provided in other cases. Section IV. And be it further enacted by the authority aforesaid. That if a Judge of the Court of Quarter Sessions for the proper Counties, or a Judge of the Supreme Court, shall apprehend that the Sheriff & Coroner are not impartial, it shall and may be lawful for the said Judge to direct the Venire for the grand request, and for the traverse Jury, to any person or persons be it they may think proper. Section V. And be it further enacted by the authority aforesaid, That if any person or persons shall resist any Officer, or other persons duly authorized, in the execution of this Act, or any part thereof, every person or persons so offending, and every person that shall be necessary thereto, before or after the fact, shall, on conviction, forfeit and pay a sum not more than five thousand nor less than four hundred Dollars and undergo an imprisonment at hard labour for any period not less than three, nor more than seven years. Section VI. And be it further enacted by the authority aforesaid, That in order to disseminate a knowledge of the prov[isions]. contained in this Act, it shall be the duties of the Prothonotaries of the several Courts of Common Pleas of the Counties of Northampton, Northumberland & Luzerne, and they are hereby respectively enjoined & requested, to read, or cause to be read, in open Court, the said Act, and every part thereof at least once in each of the three Terms next after receiving the same; and also it shall & may be lawful for the Governor of this Commonwealth to issue his proclamation, enjoining and requiring all persons having intruded as aforesaid to withdraw peaceably from the Lands whereon such intrusions have been made; and further enjoining requiring the several Officers of Government, and the good Citizens of this state, to prevent or prosecute, by all legal means, such intrusions & intruders, & to afford their most prompt and effectual aid, in their several & respective capacities, to carry into full execution the Laws of this Commonwealth relative thereto. Provided always that nothing contain in this Act shall extend to the claims of persons claiming Lands under and by virtue of an Act entitled “An Act for ascertaining & confirming to certain persons, called Connecticut claimants, the Lands claimed by them within the County of Luzerne, and for other purposes therein mentioned” passed the twenty eight day of March one thousand seven hundred & eight seven And provided further that this Act, or any thing therein expressed shall not be considered as intended to affect any claims under the said Law, nor as a legislative construction or opinion respecting said Act, or an Act, entitled “An Act to repeal an Act entitled “An Act for ascertaining & confirming to certain persons called Connecticut claimants, the lands by them claimed within the County of Luzerne, & for other purposes therein mentioned” passed the first day of April one thousand seven hundred & ninety, or the validity or effect of either of the said Laws. George Latimer Speaker of the House of Representatives Robert Hare Speaker of the Senate Approved April 11. 1795 Thomas Mifflin Governor of the Commonwealth of Pennsylvania
{back} Samuel A. Law Cheshire New Haven Post Office
Intrusion Laws Penn.[sylvani]a
Section I Be it inacted (sic) [enacted] by the Senate & House of Representation of the Commonwealth of Pennsylvania in general assembly met.--- and it is hereby enacted by the authority of the same. That is all Trials on Indictments for taking possession of, entering, intruding, or settling on, any Lands founded on the Act to which this Act is supplementary, proof that the person Indicted entered into, intruded, settled on, or was in possession of the said Land before the time of the passing of the said Indictment shall be sufficient to convict such person of the offence charged in the Indictment, unless the said person Indicted shall prove, that he or she entered upon, took possession of or settled on such Land before the time of the passing of the said Act to which this is supplementary, or that he or she had, at the time of his or her entering into, taking possession of or settling on such Land, is good & bona fide Title to such Land, derived from or under this Commonwealth, or the Proprietors of Pennsylvania before the Revolution. Section II And be it further enacted by the authority aforesaid. That if any person shall be convicted of a second offence against act to which this act is supplementary, on an Indictment for taking possession of entering, intruding, or settling on any Lands, such person upon such second conviction, shall forfeit and pay the sum of five hundred Dollars, one half to the use of the county. and the other half to the use of the Informer, and shall also be subject to such imprisonment, at hard labour, labour, not less than six months not exceeding two years, as the Court before whom such second conviction is had, in their discretion shall direct. And if any person shall be convicted as aforesaid, more than twice the Court before whom such subsequent conviction is had, may, in their desirection, adjudge that the person so convicted shall be imprisoned at hard labour for any term not less than two years, not exceeding seven years & pay a sum not less than five hund.d [hundred] Dollars, not more than one thousand Dollars, one half to the use of the County & the other half to the use of the Informer. Section III And be it further enacted by the authority aforesaid that the governor shall be, & he is hereby authorized & impower’d (sic) [empowered] to appoint an Agent, whose duty it shall be to make diligent inquiry into all offences committed or to be committed against the Act to which this is supplementary; and, for the purpose of making such inquiry, the said Agent, & all persons acting under his authority shall have power to enter upon any Lands within the Counties of Northampton, Wayne, Northumberland, Luzerne, & Lycoming, and to do any acts necessary for ascertaining the said Tract of Land, on which any Intruder lives, or any intrusion has been made. And the said Agent shall as quickly as possible & from time to time, send the attorney general, or his deputy in the proper County, a written account of the names of all offenders discovered by him, together with the names of the necessary witnesses, and the best information in his power on all matters necessary for prosecuting the offenders or any or either of them. Section IV. And be it further enacted by the authority aforesaid. That from & after the passing of this Act, every male person above the age of twenty one years, who shall come to reside in this Commonwealth, within the Counties of Wayne, Northampton, Luzerne, Northumberland or Lycoming, shall, within three months from the time of his arrival within the limits aforesaid deliver to the aforesaid Agent, or to the Constable of the Township, or to the Sheriff of the County in which he resides, or one of his deputies, a written Declaration of his name & places of abode and of the American State or of the Foreign Country in which he last resided, and also whether he claims any, and if any, what Lands within the bounds of the Commonwealth under a title derived directly, or indirectly from or through the Colony or State of Connecticut, or the Delaware or Susquehanna Company: and every such person who shall not have delivered such destination within the time aforesaid, shall be subject to the penalty of forty Dollars, one half to the use of the County, the other half to the use of the Informer, to be received before any Justice of the peace, together with legal costs. And every Officer aforesaid, to whom any such declaration shall be delivered, shall return the sums to the next Court of Quarter Sessions to be held in his County, under the penalty of one hundred Dollars for every default, to be recovered on conviction on Indictment, in any Court of Quarter Sessions, as of Oyer & Terminer to be held in the proper County, one half to the use of the Informer, the other half to the use of the County; and the several Clerks of the Courts of Quarter Sessions shall carefully preserve. Among their public papers, to be filed & recorded, all declarations delivered to them as aforesaid. Section V. And be it further enacted by the authority aforesaid. That if any person shall resist or obstruct the aforesaid Agent, or any person acting under his authority, or under the authority of this Act, every person so offending and every person who shall be an accessory before or after the fact, as also those who shall conspire to resist or obstruct the said Agent, or any person acting under his authority, or under the authority of this Act, shall on conviction forfeit and pay, for every such offence, a sum, not exceeding one thousand Dollars, and shall also be subject to imprisonment, at hard labour, for any period, not more than seven years, as the Court in their discretion shall direct. Section VI. And be it further enacted by the authority aforesaid. That in all actions of ejectment, hereafter to be brought in this Commonwealth, for any Lands, to which any title or claim under the Colony or State of Connecticut, or under the Connecticut, Susquehanna or Delaware Company, is pleaded or drawn into question, the plaintiff may recover by way of damages, satisfaction for the mesne profits of the Lands- recovered in any ejectment, down to the time of the entry of judgment in such ejectment. Section VII. And be it further enacted by the authority aforesaid. That in all actions of trespass, evict armies hereafter to be brought in this Commonwealth, wherein any title or claim under the Colony or State of Connecticut or under the Connecticut Susquehannah or Delaware Companies is pleaded or drawn into question, the plaintiff upon affidavit to be made by himself, or any person his behalf, shall be entitled to hold the defendant to spend Bail, for such sum as shall be directed by any Judge or Justice of the Court in which the Suit is brought. Section
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Section VIII. And be it further enacted by the authority aforesaid. That the Agent to be appointed in pursuance of this Act, shall hold his Office during the Governor’s pleasure, and shall prior to his acting in his office, take an Oath or affirmation, that he will diligently & faithfully execute the duties of his office: and the said Agent shall receive for his Services, a yearly compensation of one thousand two hundred Dollars, to be paid quarterly. Section IX. And be it further enacted by the authority aforesaid. That in every such action commenced aforesaid, the defendant shall at the first Term, put in his plea, specifying his title particularly, and if he shall refuse or neglect so to do, judgment shall be had against him as by default. Section X. And be it further enacted by the authority aforesaid. That if it shall be made to appear to the satisfaction of the Governor, by the Oath or Affirmation of the said Agent, or of any person or persons acting under his authority, or of any other credible person or persons, that that the said Agent or any persons acting under his authority, has good reason to apprehend personal danger, in the course of the discharge of his duty under this Act; it shall be lawful for the Governor, and he is hereby directed, to order out a sufficient part of the Militia of the Commonwealth, for the protection of all persons acting under the authority of this Act: and the detachment, so ordered out, shall receive the same pay and rations, and be subject to the same rules and regulations, as are provided in other cases. Section XI. And be it further enacted by the authority aforesaid That the Governor be and he is hereby authorized and directed to issue his proclamation forbidding all further intrusion, and enjoining & requiring all persons who have intruded, contrary to the provisions of the Act to which this Act is supplementary to withdraw peaceably from the Lands whereon such intrusions have been made, and enjoining & requiring all Affairs of Government, and all good Citizens of the Commonwealth, to prevent or prosecute by all legal means, such intrusions & intruders & to render in this several capacities, the most prompt & effectual aid for carrying into full execution the provisions of this Act and the Act to which this is supplementary. Section XII. And be it further enacted by the authority aforesaid. That it shall be the duty of the prothonotaries of the several Courts of Common pleas of the Counties of Northampton, Wayne, Northumberland, Lycoming and Luzerne, and they are hereby respectively enjoined & required, to read or cause to be read in open Court, this Act and the Act to which this Act is supplementary, at least once in each of the [four] Terms next after receiving it. Section XIII. And be it further enacted by the authority aforesaid. That all expenses which may arise under this Act shall be paid out of any unappropriated monies which may be in the State Treasury, on Warrants drawn by the Governor for that purpose. Isaac Weaver jun[io]r Speaker of the House of Representatives John Woods Speaker of the Senate Approved Feb[ruar]y. 16. 1801 Thomas McKean Governor of the Commonwealth of Pennsylvania 1st Act act to prevent intrusions of Lands within the Counties of Northampton, Northumberland & Luzerne Section I. Be it enacted by the Senate & House of Repres[entitive]s. of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That if any person shall, after the passing of this Act take possession of, enter, intrude, or settle on any Lands within the limits of the Counties of Northampton, Northumberland, or Luzerne, by virtue or under colour of any conveyance of half share right, or any other pretended Title, not derived from the authority of this authority of this Commonwealth as of the late Proprietaries of Pennsylv[ani]a. Before the Revolution, such persons, upon being duly convicted thereof, upon Indictment in any Court of Oyer & Terminer, at Court of General Quarter Sessions, to be held in the proper County, shall forfeit and pay the sum of two hundred Dollars, one half to the use of the County, and the other half to the use of the Informer; & shall also be subject to such imprisonment not exceeding twelve months, as the Court, before whom such conviction is had, may in their discretion direct. Section II. And be it further enacted by the authority aforesaid. That every person who shall combine or conspire for the purpose of conveying, possessing, or settling on any Lands within the limits aforesaid, under any half share right or pretended title as aforesaid, or for the purpose of laying out Townships by persons not appoint[e]d or acknowledged by the Laws of this Commonwealth, & every person that shall be accessary (sic) [accessory] thereto, before or after the fact, shall, for every such offence, forfeit and pay a sum not less than five hundred, not more than
Page 3: than one thousand Dollars, one half to the use of the county and the other half to the use of the Informer and shall also be subject to such imprisonment at hard labour, not exceeding eighteen months, in the Court in their discretion may direct. Section III. And be it further enacted by the authority aforesaid, That the Court wherein such conviction shall issue this Writ to the Sheriff of the County, wherein the said Offence has been comm.d[commenced] or the said conviction had, or if the said Court shall be of opinion, that the Sheriff or Coroner are not impartial, then to any other persons they may think proper, commanding him or them, together with the power of the County, if he or they should judge their assistance necessary, to proceed to the Lands in question, & therefrom to expel & reject all & every the person & persons thereon intended as aforesaid, and if the said Sheriff, or other person or persons appointed as aforesaid, should make return to the said Writ, that he or they have been unable to execute the same, by reason of the forcible resistance of the parties, or any other persons, or from a just apprehension of such resistances that would rend the execution thereof by himself or themselves, & the power of the County, impracticable, the Prothonotary of the Court to which such Writ is so return’d, shall forthwith transmit a copy of the said Writ and return, under the Seal of the said Court, to the Governor, and it, upon the said Return, or if, upon a Certificate signed by the President, or one of the Judges of the Court of Common Pleas of the proper County, or by one of the Judges of the Supreme Court, that the process of the Court has been resisted, or that there is reason to believe that the civil authority will be incompetent to the execution of this Law, the Governor shall deem it expedient to order out a portion of the Militia of this State to assist the civil authority in carrying into effect this Act, or any part thereof, the detachment so called out shall received the same pay & rations, & be subject to the same rules & regulations, as are provided in other cases. Section IV. And be it further enacted by the authority aforesaid. That if a Judge of the Court of Quarter Sessions for the proper Counties, or a Judge of the Supreme Court, shall apprehend that the Sheriff & Coroner are not impartial, it shall and may be lawful for the said Judge to direct the Venire for the grand request, and for the traverse Jury, to any person or persons be it they may think proper. Section V. And be it further enacted by the authority aforesaid, That if any person or persons shall resist any Officer, or other persons duly authorized, in the execution of this Act, or any part thereof, every person or persons so offending, and every person that shall be necessary thereto, before or after the fact, shall, on conviction, forfeit and pay a sum not more than five thousand nor less than four hundred Dollars and undergo an imprisonment at hard labour for any period not less than three, nor more than seven years. Section VI. And be it further enacted by the authority aforesaid, That in order to disseminate a knowledge of the prov[isions]. contained in this Act, it shall be the duties of the Prothonotaries of the several Courts of Common Pleas of the Counties of Northampton, Northumberland & Luzerne, and they are hereby respectively enjoined & requested, to read, or cause to be read, in open Court, the said Act, and every part thereof at least once in each of the three Terms next after receiving the same; and also it shall & may be lawful for the Governor of this Commonwealth to issue his proclamation, enjoining and requiring all persons having intruded as aforesaid to withdraw peaceably from the Lands whereon such intrusions have been made; and further enjoining requiring the several Officers of Government, and the good Citizens of this state, to prevent or prosecute, by all legal means, such intrusions & intruders, & to afford their most prompt and effectual aid, in their several & respective capacities, to carry into full execution the Laws of this Commonwealth relative thereto. Provided always that nothing contain in this Act shall extend to the claims of persons claiming Lands under and by virtue of an Act entitled “An Act for ascertaining & confirming to certain persons, called Connecticut claimants, the Lands claimed by them within the County of Luzerne, and for other purposes therein mentioned” passed the twenty eight day of March one thousand seven hundred & eight seven And provided further that this Act, or any thing therein expressed shall not be considered as intended to affect any claims under the said Law, nor as a legislative construction or opinion respecting said Act, or an Act, entitled “An Act to repeal an Act entitled “An Act for ascertaining & confirming to certain persons called Connecticut claimants, the lands by them claimed within the County of Luzerne, & for other purposes therein mentioned” passed the first day of April one thousand seven hundred & ninety, or the validity or effect of either of the said Laws. George Latimer Speaker of the House of Representatives Robert Hare Speaker of the Senate Approved April 11. 1795 Thomas Mifflin Governor of the Commonwealth of Pennsylvania
{back} Samuel A. Law Cheshire New Haven Post Office
Intrusion Laws Penn.[sylvani]a
Creator
- Law, Samuel A., 1771-1845 (Person)
Repository Details
Part of the Wilkes University Archives Repository
Contact:
84 W South St.
Wilkes-Barre PA 18701 US
570-408-2000
570-408-7823 (Fax)
ask.archives@wilkes.edu
84 W South St.
Wilkes-Barre PA 18701 US
570-408-2000
570-408-7823 (Fax)
ask.archives@wilkes.edu