[Privy Council Seal]

Present

Whereas there was this day read at the Board, a Report from the Right Honourable the Lords of the Committee of His Majestys most Honourable Privy Council for Plantation Affairs, upon considering Nineteen Acts passed in the Province of Pensilvania in the years 1758 and 1759, Which Report is dated the 28th: of last month, and is in the words following Vizt:

“Your Majesty having been pleased, by Your Orders in Council of the 16th: of February, and the 13th: of March last, to referr unto this Committee, Nineteen Acts passed in the Province of Pensilvania in the years 1758 and 1759, as likewise a Petition of the Proprietaries of the said Province, complaining of Eleven of the said Acts, and praying to be heard thereupon before they received Your Majestys Royal Confirmation. The Lords of the Committee thought it proper to transmit the said Acts, together with the said Petition, to the Lords Commissioners for Trade and Plantations, to examine into all the said Nineteen Acts, and to hear the Petitioners upon each of said Acts, against which they had made their Complaint; And the said Lords Commissioners having accordingly examined into the said Acts, and heard Counsel upon the Petition of the said Proprietaries against Eleven of them, as likewise Counsel on behalf of the House of Representatives of the said Province in Support of the said Eleven Acts, the said Lords Commissioners have made their Report upon all the said Acts to this Committee; And it appearing by the said Report, that the said Lords Commissioners were of Opinion, that Seven out of the said Eleven Acts complained of by the said Proprietaries, were proper to be Repealed by Your Majesty, the Agents for the House of Representatives made Application to this Committee, praying to be heard in Support of the said Seven Acts, and having entered into the usual Security, according to the Rules of the Council Board, to be answerable for Costs, in Case it should be judged necessary to require them to pay the same, the Lords of the Committee thought proper to comply with their request, and accordingly on the 27th: of this Instant, and likewise on this day, took the said Nineteen Acts and Report into Consideration, and heard Counsel on behalf of the said Agents in Support of the said Seven Acts, as likewise Counsel on behalf of the said Proprietaries against the same, and do agree humbly to Report to Your Majesty,

“That as to the Six following Acts Intituled,

“‘An Act for Re-emitting the Bills of Credit of this Province heretofore Re-emitted on Loan, and for striking the further sum of thirty Six thousand Six hundred and fifty pounds to enable the Trustees to lend Fifty thousand pounds to Colonel John Hunter Agent for the Contractors with the Right Honourable the Lords Commissioners of His Majestys Treasury, for His Majestys Service. (Passed 20: June 1759)’ “‘A Supplement to the Act intituled An Act for Re-emitting the Bills of Credit of this Province heretofore Re-emitted on Loan, and for striking the further sum of thirty Six thousand Six hundred and fifty pounds to enable the Trustees to lend fifty thousand pounds to Colonel John Hunter Agent for the Contractors with the Right Honourable the Lords Commissioners of His Majestys Treasury for His Majestys Service. Passed 29: Septr. 1759)’

“‘An Act for Recording Warrants and Surveys, and for rendering the Real Estates and Property within this Province more Secure. (Passed 7: July 1759)’

“‘An Act for the more effectual Suppressing and preventing Lotteries and Plays. (Passed 20: June 1759).’

“‘A Supplement to the Act intituled An Act for establishing Courts of Judicature in this Province. (Passed 29: Septr. 1759).’

“‘An Act for the Relief of the Heirs, Devisees and Assigns of Persons born out of the Kings Liegeance, who have been Owners of Lands within this Province, and have died unnaturalized. (Passed 20: June 1759)’

“The Lords of the Committee are of Opinion, that it may be adviseable for Your Majesty to adjudge and declare, under Your Privy Seal, all the said Six Acts to be Void.

“That as to the Act Intituled “‘An Act for granting to His Majesty the Sum of One hundred thousand pounds, and for striking the same in Bills of Credit in the manner hereinafter directed, and for Providing a Fund for sinking the said Bills of Credit, by a tax on all Estates, Real and personal, and taxables within this Province. (Passed 17: April 1759)’

“The Lords of the Committee were of Opinion that the said Act is fundamentally wrong and unjust, and ought to be Repealed, unless the following Alterations and Amendments could be made therein. Vizt:

“1. That the Real Estates to be taxed, be defined with Precision, so as not to include the unsurveyed waste Land belonging to the Proprietaries.

“2. That the Located uncultivated Lands belonging to the Proprietaries shall not be assessed higher than the lowest Rate at which any located uncultivated Lands belonging to the Inhabitants shall be assessed.

“3. That all Lands not granted by the Proprietaries within Boroughs and Towns, be deemed located uncultivated Lands and rated accordingly and not as Lots.

“4. That the Governors Consent and Approbation be made necessary to every issue and Application of the money to be raised by Virtue of such Act.

“5. That Provincial Commissioners be named to hear and determine Appeals brought on the part of the Inhabitants as well as of the Proprietaries.

“6. That the Payments by the Tenants to the Proprietaries of their Rents, shall be according to the terms of their respective Grants, as if such Act had never been passed.

“The Proprietaries Thomas Penn and Richard Penn, and Benjamin Franklin and Robert Charles, Agents for the Province, being acquainted with the Opinion of this Committee, the Proprietaries declared, that for the sake of Peace, and to avoid further Contest, they would instruct their Governor to Assent to an Act for discharging the said Debt of One hundred thousand pounds in the form of the said Act now under Consideration, so altered and amended.

“And the said Agents for the Province, proposed, that in Case this present Act should not be Repealed, they would undertake, that the Assembly will prepare, pass the Assembly, and offer to the Governor, An Act to amend this Act in such manner, as if it had originally been penned according to the Amendments and Alterations above proposed, and will indemnify the Proprietaries from any damage they may sustain by such Act not being so prepared, passed by the Assembly, and offered to the Governor, and have signed such undertaking in the Books of the Council Office in the following words—Vizt.

“We the undersigned Benjamin Franklin and Robert Charles, Agents for the Province of Pensilvania, do hereby consent, that in Case An Act passed in the said Province in April 1759, Intituled ‘An Act for granting to His Majesty the sum of One hundred thousand pounds, and for striking the same in Bills of Credit in the manner hereinafter directed, and for providing a fund for sinking the said Bills of Credit by a Tax on all Estates, Real and Personal, and Taxable within this Province,’ shall not be Repealed by His Majesty in Council, We the said Agents do undertake that the Assembly of Pensilvania will prepare and pass, and offer to the Governor of the said Province of Pensilvania, An Act to amend the aforementioned Act, according to the Amendments proposed in the Report made by the Lords of the Committee of Council this day (upon the said One hundred thousand pound Act, and other Pensilvania Acts) and We will indemnify the Proprietaries from any damage that they may sustain by such Act not being so prepared and passed by the Assembly, and offered to the Governor. Witness Our Hands this 28th: day of August 1760.

“Lest some inconveniencies should arise from the Repeal of the said Act in respect of the good purposes thereof, the Lords of the Committee are humbly of Opinion, that your Majesty may rely upon the undertaking for the Assembly of Pensilvania by their Agents, and permit this Act to stand unrepealed, because the Objections upon which this Committee should have founded their Advice for the Repeal, will certainly be removed in a Way more agreable and convenient to the Province.

“That as to the Eight following Acts, Intituled “‘An Act for the continuance of an Act of Assembly of this Province, intituled, A Supplementary Act to the Act intituled An Act for preventing the exportation of Bread and flour not Merchantable, and for the new Appointment of Officers to put the said Law in Execution (passed 27: Septr: 1758).’

“‘An Act for the further continuance of An Act of Assembly of this Province intituled A Supplementary Act to the Act for preventing the Exportation of Bread and flour not Merchantable, and for the New Appointment of Officers to put the said Law in Execution (passed 19: Octr. 1759)’

“‘An Act to prevent the Exportation of bad or Unmerchantable Staves, Heading Boards, and Timber (passed 21st: April 1759)’

“‘A Supplement to the Act intituled An Act for regulating the Hire of Carriages to be employed in His Majestys Service (passed 20th: Septr. 1758)’

“‘A Supplement to An Act intituled An Act for preventing Abuses in the Indian Trade, for supplying the Indians, friends and Allies of Great Britain, with Goods at more easy Rates, and for securing and strengthening the Peace and friendship lately concluded with the Indians inhabiting the Northern and Western frontiers of this Province (passed 17: April 1759)’

“‘A Supplement to the Act intituled An Act for granting to His Majesty a Duty of Tonnage upon Ships and Vessels, and also certain duties upon Wine, Rum, Brandy, and other Sprits, and a Duty upon Sugar, for supporting and maintaining the Provincial Ship of War for protecting the Trade of this Province, and other purposes for His Majestys Service (passed 21st: April 1759.)’

“‘An Act for regulating the Hire of Carriages to be employed in His Majestys Service (passed 21: April 1759.)’

“‘An Act to continue An Act intituled An Act for directing the Choice of Inspectors in the Counties of Chester, Lancaster, York Cumberland, Berks and Northampton (passed 29: September 1759.).’

“The Lords of the Committee do humbly Report to Your Majesty that they have no Objection thereto.

“And the Lords of the Committee do further humbly Report to Your Majesty that as to the Act Intituled,

“‘An Act for appointing an Agent to apply for and receive the Distributive share and proportion which shall be assigned to this Province of the sum of money granted by Parliament to His Majestys Colonies in America (passed 29th: September 1759.).’

“The Lords Commissioners for Trade and Plantations not having Offered any Objection to this Act, it has been permitted to run out Six months since it was first laid before Your Majesty, and by that means it stands confirmed by Virtue of the Proprietaries Charter.

“And that with regard to the three following Acts intituled

“‘An Act in Addition to an Act intituled An Act for regulating the Hire of Carriages to be employed in His Majestys Service (passed 29: September 1759.)’

“‘An Act for extending several Sections of An Act of Parliament passed in the thirty Second Year of the present Reign, intituled An Act for punishing Mutiny and desertion, and for the better Payment of the Army and their Quarters (passed 21: April 1759)’

“‘An Act for regulating the Officers and Soldiers in the Pay of this Province (Passed 21: April 1759)’

“The Lords of the Committee do humbly Report to Your Majesty, that the said three Acts are expired, and that it will therefore be unnecessary for Your Majesty to give any Orders thereupon.” His Majesty this day took the said Report into His Royal Consideration, and was pleased, with the advice of His Privy Council, to approve of all that it therein proposed to be done with respect to the said Laws, and having adjudged and declared void the Six Acts first mentioned in the said Report, His Majesty hath thought proper to direct the Lord Privy Seal to prepare and pass under the Privy Seal a proper Instrument, signifying such His Majestys adjudication and declaration of all the said Six Acts to be void. And His Majesty doth hereby further Declare, and Order that with respect to the Act for granting to His Majesty the sum of One hundred thousand pounds and for striking the same in Bills of Credit &ca. the same do stand unrepealed; And as to the Eight following Acts, to which the Lords of the Committee have offered no Objection, His Majesty is hereby pleased to signify His Royal Approbation thereof. And the Proprietaries of Pensilvania, their Lieutenant or Deputy Governor, and the Assembly of the said Province, and likewise all others whom it may concern, are to take Notice and Govern themselves accordingly.