Part 29 (1/2)

A N D that the Mayor, Recorder and Aldermen of the said City, for the Time being, shall be Justices of the Peace and Justices of Oyer and Terminer; and are hereby impowered to act within the said City and Liberties thereof accordingly, as fully and amply as any Justice or Justices of the Peace or Oyer and Terminer, can or may do within the said Province.

A N D that they or any _four_ or more of them (whereof the Mayor and Recorder of the said City for the Time being, shall be _two_) shall and may for ever hereafter have Power and Authority, by Virtue of these Presents, to hear and enquire into all and all Manner of Treasons, Murthers, Manslaughters, and all Manner of Felonies and other Crimes and Offences, Capital and Criminal, whatsoever, according to the Laws of this Province and of the Kingdom of _England_, with Power also to hear and determine all petty Larcenies, Routs, Riots, unlawful a.s.semblies; and to try and punish all Persons that shall be convicted for Drunkenness, Swearing, Scolding, breaking the Peace, or such like Offences, which are by the Laws of this Province to be punished by Fine, Imprisonment or Whipping; with Power also to award Process against all Rioters and Breakers of the Peace, and to bind them, and all other Offenders and Persons of evil Fame, to the Peace or good Behaviour, as any Justice or Justices of the Peace can do, without being accountable to me or my Heirs, for any Fines or Amerciaments to be imposed for the said Offences or any of them.

A N D I do hereby impower them or any _four_ of them (whereof the Mayor and Recorder for the Time being, shall be _two_) with the City Sheriff and Town-clerk, to hold and keep a Court of Record, Quarterly, or oftener, if they see Occasion, for the enquiring, hearing and determining of the Pleas and Matters aforesaid; and upon their own View, or after a legal Procedure in some of those Courts, to cause all Nuisances and Encroachments in the Streets of the said City to be removed, and punish the Parties concerned, as the Law and Usage in such Cases shall require.

A N D I do by these Presents a.s.sign and appoint, that the present Mayor, Recorder, and Aldermen herein before-mentioned, be the present Justices of the Peace, and Oyer and Terminer, within the said City; and that they and all others that shall be Mayors, Recorders and Aldermen of the said City for the Time being, shall have full Power and Authority, and are hereby impowered and authorized, without any further or other Commission, to be Justices of the Peace, and of Oyer and Terminer, within the said City for ever; and shall also be Justices of the Peace, and the Mayor and Recorder shall be of the _Quorum_ of the Justices of the County Courts, Quarter-sessions, Oyer and Terminer, and Goal Delivery, in the said County of _Philadelphia_; and shall have full Power to award Process, bind to the Peace or Behaviour, or commit to Prison, for any Matter or Cause, arising without the said City and within the Body of the aforesaid County, as Occasion shall require; and to cause Kalendars to be made of such Prisoners, which, together with all Recognizances and Examinations taken before them, for or concerning any Matter or Cause not determinable by them, shall be duly returned to the Judges or Justices of the said County, in their respective Courts where the same shall be cognizable.

A N D that it may be lawful to and for the said Mayor and Commonalty and their Successors, when they see Occasion, to erect a Goal or Prison and Court-house within the said City.

A N D that the Mayor and Recorder for the Time being, shall 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 same.

A N D that it may be lawful to and for the Mayor of the said City, for the Time being, for ever hereafter to nominate, and from Time to Time appoint the Clerk of the Market, who shall have a.s.size 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 said City.

A N D I will that the Coroners to be chosen by the County of _Philadelphia_ for the Time being, shall be Coroners of the said City and Liberties thereof; but that the Freemen and Inhabitants of the said City shall from Time to Time, as often as Occasion be, have equal Liberty with the Inhabitants of the said County, to recommend or chuse Persons to serve in the respective Capacities of Coroners and Sheriffs for the County of _Philadelphia_, who shall reside within the said City.

A N D that the Sheriff of the said City and County for the Time being, shall be the Water-Bailiff, who shall and may execute and perform all Things belonging to the Officer of Water-Bailiff, upon _Delaware_ River, and all other navigable Rivers and Creeks within the said Province.

A N D in Case the Mayor of the said City for the Time being, shall, during the Time of his Mayoralty, misbehave himself or misgovern in that Office, I do hereby impower the Recorder, Aldermen and Common-council Men, or _five_ of the Aldermen and _nine_ of the Common-council Men of the said City of _Philadelphia_, for the Time being, to remove such Mayor from his Office of Mayoralty; and in such Case, or in Case of the Death of the said Mayor for the Time being, that then another fit Person shall, within _four_ Days next after such Death or Removal, be chosen in Manner as is above directed for electing of Mayors, in the Place of him so dead or removed.

A N D lest there should be a Failure of Justice or Government in the said City, in such Interval, I do hereby appoint, That the eldest Alderman for the Time being, shall take upon him the Office of a Mayor there, and shall exercise the same till another Mayor be chosen as aforesaid; and in Case of the Disability of such eldest Alderman, then the next in Seniority, shall take upon him the said Office of Mayor, to exercise the same as aforesaid.

A N D in Case the Recorder, or any of the Aldermen or Common-council Men of or belonging to the said City, for the Time being, shall misbehave him or themselves in their respective Offices and Places, they shall be removed and others chosen in their Stead, in Manner following, _that is to say_, The Recorder for the Time being, may be removed (for his Misbehaviour) by the Mayor, and _two thirds_ of the Aldermen and Common-council Men respectively; and in Case of such Removal or of the Death of the Recorder, then to chuse another fit Person skilled in the Law, to be the Recorder there, and so to continue during Pleasure as aforesaid.

A N D the Alderman so misbehaving himself, may be removed by the Mayor, Recorder and _nine_ of the Aldermen and Common-council Men; and in Case of such Removal or Death, then within _four_ Days after, to chuse a fit Person or Persons to supply such Vacancies; and the Common-council Men, Constables, and Clerk of the Market, for Misbehaviour, shall be removed and others chosen, as is directed in the Case of Aldermen.

A N D I do also, for me and my Successors, by these Presents, grant to the said Mayor and Commonalty, and their Successors, that if any of the Citizens of the said City, shall be hereafter nominated, elected, and chosen to the Office of Mayor, Aldermen and Common-council Men as aforesaid, and having Notice of his or their Election, shall refuse to undertake and execute that Office to which he is so chosen, that then, and so often it shall and may be lawful for the Mayor and Recorder, Aldermen and Common-council Men, or the major Part of the Aldermen and Common-council Men for the Time being, according to their Discretion, to impose such moderate Fines upon such Refusers, so 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 Distress and Sale, by Warrant under the common Seal, or by other lawful Ways, to the Use of the said Corporation.

A N D in such Cases it shall be lawful to chuse others to supply the Defects of such Refusers, in Manner as is as above directed for Elections.

A N D 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, so often as they shall find Occasion, to summon a Common-council of the said City.

A N D that no a.s.sembly or Meeting of the said Citizens, shall be deemed or accounted a Common-council, unless the said Mayor and Recorder, and, at least _three_ of the Aldermen for the Time being, and _nine_ of the Common-council Men be present.

A N D also that the said Mayor, Recorder, Aldermen and Common-council Men for the Time being, from Time to Time, at their Common-council, shall have Power to admit such and so many Freemen into their Corporation and Society as they shall think fit.

A N D to make (and they may make, ordain, const.i.tute and establish) such and so many good and reasonable Laws, Ordinances and Const.i.tutions (not repugnant to the Laws of _England_ and this Government) as to the greater Part of them at such Common-council a.s.sembled (where the Mayor and Recorder for the Time being, are to be always present) shall seem necessary and convenient for the Government of the said City.

A N D the same Laws, Ordinances, Orders and Const.i.tutions so to be made, to put in Use and Execution accordingly, by the proper Officers of the said City; and at their Pleasure to revoke, alter, and make anew, as Occasion shall require.

A N D also impose such Mulcts and Amerciaments upon the Breakers of such Laws and Ordinances, as to them in their Discretion shall be thought reasonable; which Mulcts, as also all other Fines and Amerciaments to be set or imposed by Virtue of the Powers granted, shall be levied as above is directed in Case of Fines, to the Use of the said Corporation, without rendering any Account thereof to me, my Heirs and Successors; with Power to the Common-council aforesaid, to mitigate, remit, or release such Fines and Mulcts, upon the Submission of the Parties.

_Provided always_, That no Person or Persons hereafter, shall have Right of electing or being elected, by Virtue of these Presents, to any Office or Place judicial or ministerial, nor shall be admitted Freemen of the said City, unless they be free Denizens of this Province, and are of the Age of _twenty-one_ Years or upwards, and are Inhabitants of the said City, and have an Estate of Inheritance or Freehold therein, or are worth _fifty Pounds_ in Money, or other Stock, and have been resident in the said City for the s.p.a.ce of _two_ Years, or shall purchase their Freedom of the Mayor and Commonalty aforesaid.

A N D I do further grant to the said Mayor and Commonalty of the City of _Philadelphia_, that they and their Successors, shall and may for ever hereafter hold and keep within the said City, in every Week of the Year, _two_ Market-days, the one upon the _fourth_ Day of the Week, and the other upon the _seventh_ Day of the Week, in such Place or Places as is, shall, or may be appointed for that Purpose, by the said Commonalty or their Successors, from Time to Time.

A N D also _two_ Fairs therein every Year, the one of them to begin on the _sixteenth_ Day of the _third_ Month, called _May_, yearly, and so to be held in and about the Market-place, and continue for that Day and _two_ Days next following; and the other of the said Fairs to be held in the aforesaid Place on the _sixteenth_ Day of the _ninth_ Month yearly, and for _two_ Days next after.

A N D I do for me, my Heirs and a.s.signs, by Virtue of the King's Letters Patent, make, erect and const.i.tute the said City of _Philadelphia_, to be a Port or Harbour for discharging and unlading of Goods and Merchandize out of s.h.i.+ps, Boats, and other Vessels; and for landing and s.h.i.+pping them in or upon such and so many Places, Keys and Wharfs there, as by the Mayor, Aldermen, and Common-council of the said City, shall from Time to Time be thought most expedient for the Accommodation and Service of the Officers of the Customs, in the Management of the King's Affairs and Preservation of his Duties, as well as for Conveniency of Trade.