At a Councill held at Philadelphia y 24th of ye 8th Mo., 1684.

Ralph ffretwell Complains to the Councill that he cannot have his Land Laid Out by reason of the Contention of the Surveyr.

Tho. Holmes being sent to by the Clarke of the Councill, to know his reason of not Issuing out his Warrant to Survey ye Said Ralph ffretwell's Land, his answer was, he would not Issue out his Warrant to Charles Ashcom, But he would Issue out his Warrant according to his Comission.

Whereupon the Councill made this Warrt following:

For as much as Ralph ffretwell hath made his Complaint to us that he cannot have his Land Surveyed and Layd out according to the Govrs Warrant, Wee having Sent to Tho. Holmes to put ye Said Warrt in Execution, Vizt: to direct Charles Ashcome, Surveyr of the County of Chester, to lay out the Same, and he refusing soe to doe;

These are therefore, to will and require Thee fourthwth to Survey or cause to be Surveyed, unto Ralph ffretwell, the said Tract of Land, beginning halfe a mile above Concord, and soe through New Towne, Saveing Every man's right their already Surveyed to them in ye said Towns Ship, and Soe up N. N. W. till you come to y full Extent on that side, and soe onwards untill the said Warrant be Accomplished, by a Square of tenn or twelve miles, or any Quantity that may be Conteined in the same, according to y° Treu Intent and meaning of y Govrs Warrant.

James Harrison and Jno. Symcock were Ordered to Discourse Tho. Haines Concerning Ralpe ffretwell. Adjourned till 25th 8 Mo., 84.

At a Councill held at Philadelphia ye 25th 8 Mo., 1684.

THO. LLOYD, Presidt.

Jam. Harrison,

Wm. Clark,

PRESENT:

Luke Watson,

Wm. Clayton,

Wm. Haigue.

Barnabas Wilcox had two hours granted him to give his answer to the Presidt, whether he will have the french Ship as he bought her or not.

A Provll Court being by Law and under the great Seale by y Propor & Govr Established, it was Judged advisable and Expedient that for the future the Provll Councill may draw up and Endeavour to ascertaine the Legall Bounds and Jurisdictions of the Respective Courts of Judicature in this Province & Territories, least through the Inadvertency, Indiscretion or unskillfulness of any Persons Judicially Comissionated, in the Discharge of their Duty, they, or any of

them may act Eregularly, to the Disatisfaction of ye Governmt, Disreputation to themselves, to ye Vacuating and Insecurity of such acts & Judgment of ye said Courts, & Consequently by the Intrenching of one Court upon ye Matters Cognisable by another Judicature, Annimositys, Disrespect and Confusion may be introduced.

For the Prevention Whereof, and ye preserving of a Respectfull Notice and Corispondance, and for ye Continueing a Suitable regard to the Due Determination of ye Comissrs of Each Court, It was agreed in Councill that such Instructions, Soe drawn up, may be recomended to the notice of ye Respective Comissrs.

Adjourned till ye 30th of ye 1st month, 85.

At a Councill held at Philadelphia The 30th of ye first month, 1685.

John Barnes, Nich. Newlin & and Phinihas Pemberton, were this day attested to Keep Secret the Debates of Councill.

Adjourned till y 31th 1st Mo., 85.

At a Council held at Philadelphia the 31 1st Mo., 1685.

The Returne of the Sheriff of New Castle was read.

Put to y Question, whether y° Members not comeing to Councill yesterday be willfull absence.

Past in the Negative.

Put to the Question,

ther those Two Sheriff's which have not made theire returnes should be fined or not for Neglect of Duty, and whether tenn pounds fine should not be Layd upon each.

Past in y affirmative.

Ordered that ye Sheriff of New Castle pay 20s. fine for not making returne in time.

Jno. Cann, Jno. Barnes, Nich. Newlin, & Phin. Pemberton, and as many more as pleaseth, apointed a committee to read over ye Laws.

Adjourned till y 1st 2d Mo., 85.

At a Councill held at Philadelphia y 1st 2d Mo., 1685.

The petition of Christopher Penock & Co. concerning the ferry at Skoolkill, was read.

Ordered y' an Order of y Councill be Sent to Philip England, to Expedit a sufficient ferry boat for horses and cattle to pass to and fro over the Scoolkill, as also to make the way on both sides Easy and passable both for horses and man, to Loe water Marke; Otherways y Councill will take care to dispose of it to such as will perform ye same.

It being moved in Councill to have the Line of Separation known & distinguisht betweene y counteys of Philadelphia and Bucks, at y River Dellaware, the countey of Bucks to begin at Poaquesson Creek, and soe to take in the Easterly side thereof, togather with y Town Ships of Southampton and Warminster, and thence backwards.

And several Members of Councill acquainted this board that they heard the Govr. positively grant & say, that the aforementioned Line should be the Devision between the two said counteys, & being put to ye question, whether that Should stand as ye devision of ye Countyes aforesaid, it was carried in the Affirmative, Nemine Contradicente.

Ordered that an Order of Councill be Sent to ye Sheriff of Each county abovesaid, to the End that they may know the Limits and bounds of each respective county.

The Question was put, whether Samll Land should continue Sheriff for the county of New Castle for the Next year.

Past in the Affirmative.

Whereas; the Govr. in psence of Jno. Symcock and Wm. Wood, was pleased to Say & grant That ye bounds of the Countys of Chester & Philadelphia should be as follows, vizt:

That the bounds should begin at the Mill Creek and Slopeing to y Welch township, and thence to Scoolkill, &c., in obedience thereto and confirmation thereof.

The Councill having seriously Weyed & Considered the same, have & doe hereby Agree and Order that ye bounds betwixt the said Coun tys shall be thus; That is to Say:

The county of Chester to begin at y meth or Entrance of Bough Creek, upon Delaware River, being the uper End of Tenecum Island, and soe up that Creek, deviding the said Island from y° Land of Andros Boone & Co.; from thence along the severall courses thereof to a Large Creek called Mill Creek; from thence up the severall courses of the said Creek to a W. S. W. Line, which Line devided the liberty Lands of Philadelphia from severall Tracts of Land belonging to the Welch and Other Inhabitance; and from thence E. N. E. by a Line of Marked trees, 120 perches more or less; from thence N. N. W. by the harford Township, 1000 perches more or less; from thence

E. N. E. by ye land belonging to Jno. Humpheris, 110 perches more or less; from thence N. N. W. by ye land of Jno. Ekley, 880 perches more or less; from thence continueing y said course to the Scoolkill River, wch sd Scoolkill River afterwards to be the naturall bounds.

The Question was put, whether the aforementioned Creeks, courses, and lines, shall be the bounds betwixt the countys of Philadelphia & Chester according to y° Govrs grant as aforesaid; Unanimous carried in y affirmative.

Motion being made for a Rainger for the county of New Castle, the Council Unanimously chose Peter Alrichs to be Rainger of y said county for One year.

Ordered that he have a Commission drawn for that purpose.

Ordered that Richard Parker have license to keep an Ordinary at Derby Creek.

Adjourned till ye 3d 2d Mo. 1685.

At a Councill held at Philadelphia ye 3d 2d Mo., 1685.

Wm. Clark being attested, deposeth that he saw ye returne of the Sherriff of y County of Kent for a member of Councill, and he did read in the returne that Wm. fframpont was ye man Chose for the membr of Councill.

And it being put to the Question whether that was sufficient for him to Sit, past in the Affirmative.

The Lycence of John Hill Ordered to be renewed.

The Returne of y Sherriff of Lewis County was read, Jno. Roads · Returned Councellor.

Ordered that a Comission be drawn for John Cann, Peter Alrichs, Rich. Owen, Johanas D. Hæs, James Walliams, Hendrick Williams, Vallentine Hallingswoorth, Edwd Green, Wm. Guest, Hendrick Leman, to be Justices of the peace for y County of New Castle, for

a year.

Wm. fframpton was this day attested in Councill to keep Secresy. Ordered that a Bill be drawn for Several sorts of fines Exprest in the Laws of this Province, to be raised, Leavied and payd.

Ordered that a Bill be drawn to y' End the time of Enrolmt be Enlarged to Six months of Charters, deeds and Conveyances, & that ye Clawse of Bill Bonds & Specialities be left Out, and ye Word Pattents be added and Incerted after the Word Charter.

Ordered that a Bill be drawn for Indemnifieing all forfeited Deeds not Enroled in Time, and that y° said deeds shall stand Valid to all intents and purposes, as if they had been Enroled.

Ordered that a bill be drawn up That ye Word Equity be left out in ye Law off County Courts.

Put to ye Question; whether the 87 Law should be repealed, and one year be put in the roome of six months, and be new drawne : past in the Affirmative.

Put to y Question; whether the penalty should be taken out of the Law of Education; Past in the Affirmative.

Ordered that Wm. fframpton, Phin: Pemberton and Jno. Cann, doe draw up a Bill that all pay may be made in Kind according to Contract; also, that they bring in the Distance of takeing up of Servants. Adjourned till 4 2 Mo., 85.

At a Councill held at Philadelphia y 4th of 2d Mo., 1685.

Put to ye Question; whether the 134 Law should be repealed, and one or more drawn with amendments, in respect of Servts.

Past in the Affirmative.

Wm. Clark is desired to bring in a forme of Indictmts and attachmts, against the next Sitting.

Ordered that a Bill be drawue for Watch and Ward, and be left to y Justices of every County, or any four of them, to settle time and place, with 5d. penalty for Every One that shall neglect.

Put to ye Question; Whether ye 41 Chapter of Laws should be repealed, and an Other made in the roome with this amendmt: Person instead of Man: past in ye Affirmative.

Nath. Allens, Commission for gager & Sealor of Weights & Measures, was read and left to be Considered.

Put to ye Question; Whether y° 103 Law should be repealed concerning gageing: Past in the Affirmative.

Ordered that Wm. fframpton draw a new bill for the Size of Caske Exported, and also to be used within the Province, &c.

Put to ye Question; Whether there shall be a Gallon, peck & Bushell be Sealed in Every County of this Province, to be maintained at their own Carge; past in Affirmative.

Put to y Question; Whether a Law should be made for a Penalty to be Laid upon such as Cutt or fall Marked or bounded trees; Past in the Affirmative.

Ordered yt Jno. Symcock. Jno. Cann, Wm. fframpton & Phinihas Pemberton, be a Comittee to draw up the former bills.

Adjourned till 6th 2d Mo., 85.

At a Councill held at Philadelphia y 6th 2d month, 1685.