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AN ACT FOR ERECTING A PART OF THE COUNTY OF CUMBERLAND INTO A SEPARATE COUNTY, Passed 9th March, 1771; Rec. A, Vol V, Pg 416

The Act of the General Assembly of the Province of Pennsylvania that was passed on 09 March 1771 follows. Note that the following text of the Act is transcribed verbatim from the first edition of the Laws Of The Commonwealth Of Pennsylvania, published in 1797. (Note that this transcription differs slightly from the version transcribed in the later published, The Statutes At Large Of Pennsylvania 1770-71 ~ which has been published in various history books. The additional wording, added when the Statutes were published nearly 100 years after this version, is inserted in the transcription included here, within brackets [ ]. Note that the later additions altered the numbering sequence of the original.)

     Whereas a great number of the inhabitants of the western parts of the county of Cumberland have represented to the Assembly of this province the great hardships they lie under, from being so remote from the present seat of judicature, and the public offices: For remedying whereof, Be it enacted, [by the Honorable John Penn, Esquire, Lieutenant-Governor under the Honorable Thomas Penn and Richard Penn, Esquires, true and absolute Proprietaries of the Province of Pennsylvania and counties of Newcastle, Kent and Sussex upon Delaware, by and with the advice and consent of the representatives of the freemen of the said Province in General Assembly met, and by the authority of the same,] That all and singular the lands lying and being within the boundaries following, that is to say; beginning where the province line crosses the Tuscarora mountain, and running along the summit of that mountain to the Gap near the head of the Path Valley; thence with a north line to the Juniata; thence with the Juniata to the mouth of Shaver’s-creek; thence north-east to the line of Berks county; thence along the Berks county line northwestward to the western bounds of the province; thence southward, according to the several courses of the western boundary of the province, to the southwest corner of the province; and from thence eastward with the southern line of the province to the place of beginning; shall be, and the same is hereby, erected into the county, henceforth to be called Bedford.

     II. And be it further enacted, [by the authority aforesaid,] That the inhabitants of the said county of Bedford shall, at all times hereafter, have and enjoy all and singular the jurisdictions, powers, rights, liberties and privileges whatsoever, which the inhabitants of any other county, within the said province, do, may or ought to enjoy, by any charter of privileges, or the laws of this province, or by any other ways or means whatsoever, excepting only in the number of Representatives to serve in General Assembly of this province; in which case [Section III.] it is provided, and further enacted [by the authority aforesaid], That the freeholders and inhabitants of each township, within the said county, qualified by the laws of this province to elect, shall meet at some convenient place within their respective townships, at the same time the freeholders and inhabitants of the several townships of the other counties shall meet for like purpose, and proceed to choose Inspectors; and that the freemen and inhabitants of the said county, qualified as aforesaid, shall meet at or near the place where the court-house is intended to be built, at the same time the inhabitants of the other counties shall meet for the like purpose; and proceed to elect one Representative or Delegate, to serve them in Assembly, in the same manner, and under the same rules, regulations and penalties, as by the charter and laws of this province are directed in respect to other counties; which said Representative, when so chosen, shall be a member of the General Assembly of the province of Pennsylvania, and shall sit and act as such, as fully and freely as any of the Representatives for the other counties, within this province, do, may, can or ought to do.

     III. [Section IV.] And be it further enacted [by the authority aforesaid], That all taxes already laid within the bounds of the said county of Bedford, by virtue of any act of General Assembly of this province, which are not already paid, shall be collected by the respective Collectors within the bounds aforesaid, and paid into the hands of the Treasurer of Cumberland county; and that all persons concerned in the levying, receiving and paying the said taxes, shall have the same power and authority, and be under the same penalties and restrictions, for collecting and paying the same, as by the said acts, by which the said taxes were assessed, are expressed and directed, until the whole be collected and paid as aforesaid.

     IV. [Section V.] And be it further enacted [by the authority aforesaid], That the Justices of the Supreme Court of this province shall have like powers, jurisdictions and authorities, within the said county of Bedford, as by law they are vested with, and entitled to, in the other counties within the province aforesaid; and are hereby authorized and empowered, from time to time, to deliver the gaols of said county of capital or other offenders, in like manner as they are authorized to do in other the counties aforesaid.

     V. [Section VI.] And be it further enacted [by the authority aforesaid], That there shall be a competent number of Justices nominated and authorized by the Governor for the time being, by commissions under the broad seal of the province; which said Justices, or any three of them, shall and may hold Courts of General Quarter Sessions of the Peace and Gaol Delivery, and County Courts for holding of pleas; and shall have all and singular the powers, rights, jurisdictions and authorities, to all intents and purposes, as other the Justices of Courts of General Quarter Sessions, and Justices of the County Courts for the holding of pleas, in the other counties aforesaid, may, can or ought to have in their respective counties; which said Courts shall, from and after the publication of this act, sit and be held, for the said County of Bedford, on the Tuesday next preceding the Cumberland County Courts in every of the months of January, April, July and October, in every year, at the town of Bedford, until a court-house shall be built; and when the same is built and erected in the county aforesaid, the said several Courts shall then be holden and kept at the said court-house, on the days before mentioned. And the election of a Representative to serve in General Assembly, Assessors, and all other offices of the said county, who are or shall be appointed to be annually elected, shall be made and elected at or near the said court-house, at the same time, and in the same manner, as by the charter of privileges, and the laws of the province aforesaid, are directed to be done in the other counties within this province. And it shall be lawful for the freemen of the said county, for the first year, to choose three Commissioners for raising county taxes and levies, for the said county.

     VI. [Section VII.] And be it further enacted [by the authority aforesaid], That it shall and may be lawful to and for Arthur St. Clair, Bernard Daugherty, Esquires; Thomas Coulter, William Procter, and George Woods, gentlemen, or any three of them, to purchase and take assurance to them and their heirs of a piece of land, situate in some convenient place in the said town, in trust, and for the use of the inhabitants of the said county, and thereon erect and build a court-house and prison, sufficient to accommodate the public service of the said county, and for the ease and conveniency of the inhabitants.

     VII. [Section VIII.] And be it further enacted [by the authority aforesaid], That for the defraying the charges of purchasing the land, building and erecting the court-house and prison aforesaid, it shall and may be lawful to and for the Commissioners and Assessors of said county, or a majority of them, to assess and levy, and they are hereby required to assess and levy, in the manner directed by the act for raising county rates and levies, so much money as the said Trustees, or any three of them, shall judge necessary for purchasing the land, and finishing the said court-house and prison: Provided always, the sum of money so to be raised does not exceed one thousand pounds, current money of this province.

     VIII. [Section IX.] Provided also, and be if further enacted [by the authority aforesaid], That no action or suit, now commenced or depending in the county of Cumberland, against any person living within the bounds of the county of Bedford, or elsewhere, shall be stayed or discontinued by this act, or by any thing herein contained, but that the same actions, already commenced or depending, may be prosecuted, and judgment thereupon rendered, as if this act had not been made. And that it shall and may be lawful for the Justices of Cumberland county to issue any judicial process, to be directed to the Sheriff of Cumberland county, for carrying on and obtaining the effect of their suits, which Sheriff shall be, and is hereby, obliged to yield obedience in executing the said writs, and make due return thereof before the Justices of the said Court of the said county of Cumberland, as if the parties lived and resided within the same.

     IX. [Section X.] And be it further enacted [by the authority aforesaid], That Thomas Urie, of the said county of Cumberland, be, and is hereby, appointed Collector of the excise of the said county of Bedford, who is hereby authorized and empowered, by himself, or his sufficient deputy, duly constituted, and for whom he shall be accountable, to demand, collect, receive and recover the excise, appointed to be paid by any act or acts of Assembly of this province, and also the arrearages thereof, of and from all and every person or persons within the said county, retailing or vending any of the liquors by the said acts liable to pay the same; and also to recover and receive all and every the duties, fines and forfeitures, laid or imposed, or that shall happen to arise or become due, for any thing done contrary to the intent of said acts.

     X. [Section XI.] And be it further enacted [by the authority aforesaid], That the said Collector of excise for the county of Bedford aforesaid, the better to enable himself to recover the arrearages of excise now due, or which shall become due before the publication of this act, shall apply to the Collector of excise for the county of Cumberland for a list, which the said Collector of the county of Cumberland is hereby enjoined and required to deliver, containing the names of each and every person in arrear for excise within the said county of Bedford, and how much from each of them.

     XI. [Section XII.] And be if further enacted [by the authority aforesaid], That the Collector of the county of Bedford aforesaid, before he enters on the execution of his said office, is hereby required to give bond, with two sufficient sureties to the Treasurer of this province for the time being, in the sum of two hundred pounds, lawful money of the province aforesaid, for the faithful discharge of his duty, and paying all such sums of money as he shall from time to time receive by virtue of this act. And further, the Collector of the said county of Bedford shall in all things govern himself, and be subject to the same regulations, restrictions, fines and forfeitures, and shall observe like rules, orders and directions as the Collectors of other the counties aforesaid, by the laws of this province, are liable to. And the said Collector, for the discharge of the duty of the said office within the said county of Bedford, shall have and receive like fees, perquisites and rewards, for his services enjoined by this act, as other the Collectors aforesaid (the Collectors of Philadelphia county aforesaid excepted) by the acts aforesaid, are entitled unto, for the services enjoined them by the acts aforesaid.

     XII. [Section XIII.] And be if further enacted [by the authority aforesaid], That until a Sheriff and Coroner shall be chosen in the county of Bedford, in pursuance of this act, it shall and may be lawful for the Sheriff and Coroner of Cumberland county to officiate and act in the discharge of their respective duties, as fully and amply as they might and ought to have done, if this act had not been made; one of whom, or his deputy, shall attend and discharge the duties of his office, according to the laws of this province, at the next election for Cumberland county aforesaid, and the other of them, or his deputy, shall attend and discharge the duties of his office, in like manner, at the first election next to be held in the county of Bedford aforesaid, in pursuance of the directions of this act.

     XIII. [Section XIV.] And be if further enacted [by the authority aforesaid], That before any Sheriff, hereafter to be appointed or commissionated for the said county of Bedford, shall enter upon the duties of his office, he shall become bound in an obligation, with two or more sufficient securities, to be approved of by the Governor of this province for the time being, in the sum of one thousand pounds, and with like condition as the Sheriffs of the other counties within this province are enjoined and required to become bound; which said obligation shall be taken in the King's name, and entered upon record in the office for recording of deeds in the said county of Bedford, and shall be only in trust to and for the use and benefit of the person or persons, who shall be injured by any breach, neglect or omission of duty in such Sheriff, and shall be proceeded on in the same manner as is directed in respect to Sheriff's bonds, in and by the act of General Assembly, entituled An Act for the regulating elections for Sheriffs and Coroners; and that the Treasurer hereafter to be appointed for said county, for receiving the provincial taxes, before he shall enter on the duties of his office, shall give security, in like manner as other County Treasurers for that purpose are by law directed to give security, in the sum of fifteen hundred pounds: And that the Treasurer for said county, for receiving the county levies, shall in like manner give security, in the sum of six hundred pounds.

     XIV. And, to the end the boundaries of said county of Bedford may be better ascertained and known, [Section XV.] And be if further enacted [by the authority aforesaid], That it shall and may be lawful to and for Robert M’Crea, William Miller, and Robert Moore, or a majority of them, and they are hereby required and firmly enjoined, within the space of six months next after the publication of this act, to assemble themselves together, and run, mark out and distinguish the boundary lines between the said counties of Cumberland and Bedford; and the charges to arise for the doing thereof shall be defrayed by the said county of Bedford, and to that end levied and raised by the inhabitants thereof, in such manner as other public money, for the use of the said county, by law ought to be raised and levied.

According to a footnote for a chapter on the organization of the county, which was included in the History of Bedford, Somerset and Fulton Counties, Pennsylvania, an additional Act of the Assembly was passed on 21 March 1772 in regard to the boundary lines of the new county. Due to the fact that the original description of the boundaries was considered to be unclear, the additional Act attempted to provide a clarification. William Elliott, Robert McCrea, Robert Moore and George Woods were commissioned to run and mark out the corrected boundaries. This additional Act stated:

AN ACT FOR EXPLAINING AND BETTER ASCERTAINING THE BOUNDARY LINES OF THE COUNTY OF BEDFORD Passed 21st March, 1772; Rec. A, Vol V, Pg 528

     Whereas, by an act of General Assembly of this province, entituled An act for erecting a part of the county of Cumberland into a separate county, passed in the eleventh year of the present reign, it was enacted, That all and singular the lands, lying and being within the boundaries following, that is to say; beginning where the province line crosses the Tuscarora mountain, and running along the summit of that mountain to the Gap, near the head of the Path Valley; thence with a north line to the Juniata; thence with the Juniata to the mouth of Shaver’s creek; thence north-east to the line of Berks county; thence along the Berks county line north-westward to the western bounds of the province; thence southward, according to the several courses of the western boundary of the province, to the south-west corner of the province, to the place of beginning: But forasmuch as the Tuscarora mountain does not extend to the province line, and the southern boundaries aforesaid are not properly described, the lines of the county of Bedford cannot be known and run by the Trustees appointed for that purpose: To the end, therefore, that the boundaries of the said county of Bedford may be certainly known, Be it enacted, That the lines following, to wit, beginning where the province line crosses the North or Blue mountain, that runs between the Great and Little Coves and that part of Cumberland county called Connegocheague; and thence along the summit of the said mountain to the beginning of the Tuscarora mountain, and running along the summit of the said Tuscarora mountain to the Gap, near the head of the Path Valley; from thence a north line to the Juniata river; thence up the Juniata to the mountain that divides the Kishicocolus Valley from the Standing Stone Valley, and along the summit of that mountain to the head of the Standing Stone creek; from thence north-east to the line of Berks county; thence by Berks county line to the western bounds of the province; thence southward, according to the several courses of the western boundary of the province, to the south-west corner thereof; and from thence with other boundaries of the province to the place of beginning; shall be, and are hereby declared to be, the boundary lines of the said county of Bedford, and thing in the said recited act to the contrary notwithstanding.

     II. And, to the end the boundaries of the said counties of Cumberland and Bedford may be better ascertained and known, Be it further enacted, That it shall and may be lawful to and for George Woods, William Elliott, Robert Moore, and Robert McCrea, or a majority of them, and they are hereby required and enjoined, within the space of six months next after the publication of this act, to assemble themselves together, and run, mark out and distinguish the boundary lines of the said counties of Bedford and Cumberland, and the charges to arise for the doing thereof shall be defrayed by the said county of Bedford, and to that end levied and raised by the inhabitants thereof, in such manner as other public money for the use of the said county by law ought to be raised and levied: Provided, That nothing herein contained shall be deemed or taken to disannul or make void the said recited act, or any clause, article, matter or thing, therein contained, except where it is hereby altered or supplied; but that the same articles, clauses, matters and things, not hereby altered or supplied, shall be and remain in full force and virtue.