May 5, 1841, P. L. 350; April 6, 1843, P. L. 175; March 14, 1846, CHAPTER CCIX. AN ACT FOR THE EASE OF SUCH AS CONSCIENTIOUSLY SCRUPLE TO TAKE THE SOLEMN AFFIRMATION FORMERLY ALLOWED IN GREAT BRITAIN. Forasmuch as divers of the inhabitants of this province, who may be serviceable in the government, do conscientiously scru ple to take the solemn affirmation formerly allowed as aforesaid, therefore we desire it may be enacted: [Section I.] And be it enacted by Charles Gookin, Esquire, by the royal approbation Lieutenant-Governor, under William Penn, Esquire, Proprietary and Governor-in-Chief of the Province of Pennsylvania, by and with the advice and consent of the freemen of the said Province in General Assembly met, and by the authority of the same, That from henceforth all persons in this province who conscientiously scruple to take the said affirmation who shall be required upon any lawful occasion to take the [same in] any case, or upon any occasion whatsoever, and shall declare their [assent to] the effect or purport thereof, according to the form and manner herein[after] prescribed, shall be allowed so to do, upon the question put, in these or the like words, viz.: "Dost thou solemnly declare?" adding the proper words which the affirmant is to answer or assent unto, according as the case may require, whether it be for giving evidence or for qualifying the affirmants to serve on assemblies, or as magistrates, officers, inquests or jurymen, or upon any other account whatsoever, where an oath is or shall be required; which said assent shall be expressed by the affirmant's answering "Yea" or "Yes." And that the affirmation hereby prescribed shall be adjudged and taken, and is hereby declared and enacted to be of the same force and as available in law as an oath, in all courts of justice and other places within this government. [Section II.] And be it further enacted by the authority aforesaid, [That if] any person or persons taking the said affirmation hereby prescribed, shall be lawfully convicted of willfully, falsely and corruptly affirming or declaring any matter, cause or thing, which if the same had been upon oath, would have amounted, by the laws and statutes of Great Brit ain, to willful, and corrupt perjury, every such person so offending, shall incur the same penalties and forfeitures as by the said laws and statutes, are enacted against persons legally convicted of willful and corrupt perjury, and shall forever thereafter be incapable of bearing any office or giving evi dence in any court or before any judicial authority in this province. Passed May 28, 1715. Repealed by the Lords Justices in Council CHAPTER CCX. AN ACT FOR CONTINUING A FRIENDLY CORRESPONDENCE WITH THE INDIANS. Whereas the maintaining and cultivating of a friendly correspondence and preserving a good understanding with the native Indians, the first possessors of these lands, hath been found by continued experience to be great means of securing this province in peace and tranquillity (when many of the adjacent provinces have fallen under the calamities of war and cruelty from their neighboring Indians). In order whereunto, and for preventing abuses and indirect dealing with them: [Section I.] Be it enacted by Charles Gookin, Esquire, by the royal approbation Lieutenant-Governor, under William Penn, Esquire, Proprietary and Governor-in-Chief of the Province of Pennsylvania, by and with the advice and consent of the freemen of the said Province in General Assembly met, and by the authority of the same, That all charges of necessary treaties with the Indians not exceeding fifty pounds per annum, shall, as heretofore, be defrayed by order of the governor and council to the provincial treasurer, for the time being, who shall from time to time pay the same out of the first money that shall come to his hands, and keep an account thereof to be laid before the assembly when called for, due credit being given, from time to time, for all presents received from the Indians. [Section II.] And be it further enacted, That if any person or persons whatsoever shall rob, kill, wound, beat or abuse any Indian at peace with this government, or who shall come on trade or business into this province, such person or persons so offending shall be subject and liable to the same penalties or punishments as if the said offense had been committed against any natural-born subject of Great Britain. And where any Indian shall so offend against any of the inhabitants of this province, he shall be immediately apprehended, and the party grieved shall exhibit his complaint to the governor, who by the advice of his council [shall] use proper methods to bring such offender to condign punishment. And [if] any person or persons whatsoever shall be legally convicted (on the evidence of Christians or credible Indians, to the court and jury) of spreading false news tending to alienate the affections of the Indians from this government, or to create fears and jealousies among them, such person or persons so offending, and being thereof convict, as aforesaid, shall be fined in any sum not exceeding twenty pounds money of this province, one-half to the governor towards the support of government, and the other half to him or them that will sue for the same in any court of record of this province; and shall suffer imprisonment at the court's discretion, not exceeding six months, and when discharged, give security for his or their good behavior, if required. [Section III.] And be it further enacted, That no person or persons whatsoever shall, after the twenty-fifth day of June, one thousand seven hundred and fifteen, go forth abroad into the woods to trade with the Indians [for] any commodity whatsoever, without being first recommended to the governor for (his license) by the justices of some or one of the county courts of quarter-sessions of this province. And that none shall be so licensed without having first given security in the secretary's office, by one or more substantial freeholders of the same county, to be bound with them to the proprietary, his heirs and assigns, by bond, in any sum not exceeding fifty pounds, conditioned that they will honestly and truly trade with the Indians and dispose of their skins, furs or other commodities within this province, and observe the laws thereof in that case made and provided. And that no license shall be granted without such recommendation as aforesaid, nor de nied having the same. And the governor shall receive for every such license forty shillings, and no more, and the other charges thereof the same as in the case of public houses, which licenses shall be renewed yearly, upon the same recommendation, unless the court, who granted it, see cause to retract it, and notify the same to the governor. And if any person or persons within this province shall directly or indirectly trade or deal with the Indians for any quantity of goods or commodities whatsoever, without such recommendation and license so had and obtained as aforesaid, and be legally thereof convicted, as aforesaid, such person or persons so offending shall forfeit the goods so traded with or the value thereof, to be recovered by bill, plaint or information, in any court of record in this province, wherein no essoin, protection or wager of law, nor any more than one imparlance shall be allowed. Provided always, That nothing in this act contained shall extend or be construed to hinder any freeholder [inhabiting] in this province, from going abroad into the woods, from their own plantations or places of abode, to buy corn, venison, skins, furs or any other commodities for their own use, and the neces sary clothing of their families and not for merchandise or from trading with the Indians at their own houses, plantations, market towns or places settled by the inhabitants of this province for any quantity of goods or commodities, or for any use whatsoever. Provided also, That no part of the money allowed by this act, for defraying the charge of Indian treaties as aforesaid, shall be applied towards paying the Indians for their rights or claims to any lands in this province; but that the same shall be defrayed by the proprietary, his heirs and assigns, or by his or their commissioners, trustees or agents for the time being. [Section IV.] And be it further enacted, That no person whatsoever shall presume to trade with the Indians, but in their respective towns or places of abode where they reside (except as aforesaid) upon the forfeiture of all such goods or commodities, one-half to the [proprietary] and governor, for |