USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1817 > Part 35
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DIRECTORY.
continuance of his lease. 3d. The notice given was illegal and void. 4th. The notice to be legal and valid, upon an express lease for a year, or more, must be given at least three months before the expiration of the current year.
In the case of Brown v. Vanhorn, it appeared, that the detendant held under a parol lease, from year to year, during will ; and it was determined, that the notice to gait must in such case, be given three months before the expiration of the current year ; conformably to the construction already stated.
In the case of Boggs, administrator of Calbraith v. Black, the question was incidentally discussed, but not expressly decided. It was, however, the case of a lease to hold from year to year, during the pleasure of the landlord; and the counsel for the defendant argued on the authority of Brown v. Vanhorn, (Ante 209,) that the notice to quit must be given three months before the ex. piration of the current year ; but the counsel for the plaintiff answered, that it had been repeatedly held, that notice was sufficient if given any time before the end of the year, provided it was three months before the application to the Justices. As the court, in deciding the case, went upon the validity of an old notice to quit, which the de- fendant contended was waved, the authority will be applied more particularly to another part of our subject.
3d. The effect of waring the notice.
The lessor, who has g.ven regular notice may, undoubtedly, wave it ; but he must do so either expressly, or by acts, from which it may be fairly inferred. In either case, the tenancy will be re- - stored to the footing of the original contract. and if the lessor is desirous of removing the tenant, he must proceed by giving a new notice.
But it has 'nen adjudged, that notice to quit at the end of a certain year, is not waved by the landlords' permitting the tenant to remain in pos- session an entire year after the expiration of the
Tt
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PHILADELPHIA
notice, notwithstanding the tenant held by an improving lease ; that is, to clear and fence the land and pay the taxes in lieu of rent.
2d. In what manner the remedy must be pursued.
When three months have expired from the date of the notice to quit, the lessor, his heirs, or assigns may complain to any two justices of the city, town or county, where the demised premises are situa- ted ; and in doing so, the following course should be observed :
1st. The complaint should be in writing, addres- sed to the two justices, and should set forth all the essential facts ; to wit : the previous peaceable pos- session of the lessor ; the lease written, or parol, to the lessee ; the termination of the lease ; the notice to quit ; and the lapse of three months since notice was given .*
* Form of a complaint.
To A. B and C. D. Justices of the Peace in and for the county of Philadelphia,
The complaint of R. V. most respectfully sets forth ; that she is owner of a certain messuage or tenement, with the appurtenances, situate on the north side of Vine street (No. ) between Sixth and Seventh streets, in the township of l'enn, and was in possession thereof on the first day of January, A. D. 1808, at which time she demised the said pre- mises to a certain J. W. by a written lease bearing date the day and year aforesaid, for the full term of two years from that day, which said term was fully ended on the first day of January, A. D. 1810. The said R. V. being desirous upon the determination of the said lease, to have again and repossess her said estate, for that purpose she did, on the first day of February last past, demand and require the said J. W. to remove from and leave the same, and that the. said J W. hath hitherto refused and still does re- fuse, to comply therewith ; that three months having elapsed since the service of the said notice, she makes this her complaint, that such proceedings
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2dly. The lessor must, in the first instance, sup- port bis complaint before the justices, by proof of all the facts therein alleged.
3dly. On such complaint and proof, the Justices must forthwith issue their warrant, in nature of a summons, directed to the sheriff to summon twelve substantial freeholders to appear before the Justi- ces within four days next after issuing the same summons ; and, also, to summon the lessee, or ten- ant, or other person claiming or coming into pos- session, under such lessee or tenant, at the same time to appear before the Justices and freeholders to shew cause, if any he has, why restitution of the demised premises should not be forthwith made to the lessor, his heirs, or assigns. It has been ad. judged, that four days, inclusive of the day of war- rant and return, will be a sufficient notice within this provision of the act.
4thly. The sheriff must make return of the war- rant at the time and place appointed by the Justi- ces, when it is material to consider the next step to be taken. First. In trying the merits of the com- plaint ; and, Second. In suspending the judgment upon an allegation of adverse title.
First As to trying the merits of the complaint.
Ifthe parties appear on the return of the warrant, or if the tenant in possession neglects to appear, after being summoned, the freeliolders must be qualified, upon oath or affirmation, that they will well and truly inquire of and concerning the pre- mises in the precept mentioned, and asses such da- mages (if any) as the complainant has sustained thereby. The parties, their counsel and witnesses must be heard, in the same manner, as on trial of
may be taken by you, as are directed by the Act of Assembly in such case made and provided.
R. V. ,
Sworn before me, A. B. Justice of the Peace, in and for the county of Philadelphia. 1st May, A. D. 1810.
A. B.
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PHILADELPHIA
causes in a court. The act requiring that the facts shall appear to the said Justices and freeholders, the verdict or inquest of the principal question, must be t ken and found by the Justices as well as . the freeholders ; and then the Justices mus: make a record of the finding ; but the damages are to be as- serted by the freeholders alone. In general, the measure of the damages is a reasonable rent for the premises ; but the inquest may justly encrea e the amount, in particular cas-s, where there has been a vexatious and iniurous refusal to deliver up the possession, after no.ice to quit.
Second As to suspending the judgment upon an alle. gation of ulverse title.
After the finding of the jury, however. judgment must be suspended, in the case of a controverted title under the following regulations.
The title must be disputed and claimed by some other person than the lessor, and that person must be named by the tenant, at the return of the warrant.
The ti le so alledged must be disputed and claim- ed by the person named, in virtue of a righ' accru- ed, or happened, since the commencement of the lease, by descent, deed, or from or under the last Will of the lessor.
Upon this allegation being made, if the claimant is present, he shall be forthwith qualified ; or, if he is absent, he shall be immediately summoned by the Justices to appear before them in six days next fol- lowing, and shall then be qualified, on oath, or af- firmation, to be administered by the Justices, that he verily believes that he is entitled to the premises in dispute.
The claimant must, also, at the time of his being so qualified, become bound, with one or more suffi- cient sureties, by recognizance, in the sum of 100l. to the le sor, his heirs, or assigns, to prosecute his claim at the next court of Common Pleas, to be held for the county where the premises shall be.
In such case, and not otherwise, the Justices shall forbear to give judgment. The procedings, how- ever, are not annulled, but only suspended. For,
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DIRECTORY.
if the claim of title shall not be prosecuted, accor- ding to the true intent and meaning of the recogni- zance, the recognizance shall not only be forfeited, but the Justices shall proceed to give judgment, and to cause restitution to be made, upon the find .. ing of the jury, without any new process. If the claim is not entered at the next court of Common Pleas; or if it is discontinued, or non-suited, after entering it; or if judgment is given against it ; the recognizance will be forfeited, and a warrant of restitution must be granted by the Justices.
Sd. The nature and effect of the Judgment and'
Execution.
When the inquest have found, and the Justices have recorded the truth of the complaint, and fur- ther proceedings are not suspended by the sugges- tion of an adverse title, judgment must be entered by the Justices for damages, and reasonable costs, to be taxed by the Justices.
On this judgment, the Justices must issue their warrant, under their hands and seals to the sheriff of the county, commanding him forthwith to deli- ver to the lessor, his heirs, or assigns, full posses- sion of the demised premises ; and to levy the costs, and damages, of the goods and chattles of the lessee, or tenant, or other person in possession.
By the act, it is declared, that the judgment en- tered by the Justices, shall be final and conclusive to the parties; and, accordingly, it has often been decided, that a certiorari does not operate as a su- persedeas, to prevent, or to discontinue, process of restitution, after judgment entered for the lessor. 4 Dallas' Reports, 214.
FEDERAL GOVERMENT
James Monroe, President salary $ 25,000
Daniel D. Tompkins, Vice President · 5,000
Wm. H. Crawford Secetary of Treasury 5,000
Joseph Anderson (Tenn.) Comptroller 3,500
Richard Harrison (Va.) Auditor 3,000
Thomas Judor Tucker (Va.) Treasurer 3,000
Joseph Nourse (Va.) Register Tt2
3,000
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PHILADELPHIA
Samuel H. Smith, Commissioner of Revenue 3,000 Josiah Megs, Comm'r Genr'l Land office -, Secretary of War 4 500
-, Accountant.
2,000
Peter Hagner, Additional Accountant
2,000
Robert B ent, Paymaster General
2,500
Richard Cutts, (Va.)
3,000
B. W. Crowninshield Secetary of Navy 4,000
Constant Freeman, Accountant
2,000
Return J. Meigs, Postmaster General
Abraham Bradley, S
1,700
Seth Pease do.
1,600,
Robert Patterson, Director of Mint
2,000
James Rush, Treasurer
1,200
Adam Eckfeldt, Coiner
1,500
Joseph Richardson, Assayer
1,500
Joseph Cloud, Refiner 1,500
Robert Scoît, Engraver 1,200
1 Assistant Engraver, 1 do coiner & die Forger 1,600 Three Clerks, 1,700
Commissioners of the Naval Board.
John Rogers, David Porter, Stephen Decatur, J. K. Paulding Secetary.
Maj. Generals, Jacob Brown, Andrew Jackson, Brigadier Generels, Alexander Macomb, Edmund P. Gains, Wenfield Scott, E. W. Ripley
MINISTERS
Pienipotentiary ; Consuls and Commercial Agents, from the United States, to Foreign Nations.
Ministers Plenipotentiary to
France, Abert Gallatin, Salary,
. $ 9,000
Great Britain, John Q. Adams
9,000
Holland, Wm. Eustis,
9,000
St. Petersburgh & Naples, Wm. Pinkney 9,000
Rio Janeiro, Brazils 9,000
Sweden, Jonathan Russell 9,000
Consuls in Foreign Countries.
Allicant R. Montgomery Amsterdam, Sylr. Bourne Algiers, William. Shaler Barcelona, Richd. M.Call Antigua, J. W. Rose Batavia, Thomas Hewes AAntwerp, Saml. Hazard Belfast, James Luke Bristol, Herman Visger Bordeaux William Let
Assitant 3,000
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DIRECTORY.
1
Bremen, F. G. Wichel- Maderia, Robert H. Mac- hausen
pherson
Buenos Ayres, Thomas Mansilla, Andrew Stewart L. Walsey Maluga, Wm. Kirkpatrick Calais, Thomson Jolinson Martinique John Mitchell Canton, Benjamin C. Marseilles, Stephen Cath- Wilcox
alan
Cape de Verd Islands, Messina, John Bradbent Elisha Fielding Monte Viedo, Wm. G.
Cayenne, Thomas Aborn Miller
Cadiz, James L. Cathcart Minorca & Majorca J. M.
Copenhagen, J. M. Forbes · Baker
Cork, Michael Hogan Naples, Alexander Ham.
Cowes, Thomas Auldjo met
Curracoa, Abel Boynion Nantz, Daniel Strobel
Dublin, Thomas English Ostend, Emmanuel Wam-
Dunkirk, Francis Coffyn ber ie
Emden, William Clarke Paris, Isaac Cox Barnett Fayal, John B. Dabney Palermo, Wm. Porter
Falmouth, Robert W. Cox Purnambuco, Joseph Ray Franconia, Philip Marck Porto Rico, John Warner Gibralter, Bernard Henry Plymouth, N. G. Ingraham
Gottenburg, Robert C. jr.
Gauduloupe, Philip De Riga, Edward Wier
Peyster Rotterdam, George Joy Hamburg, John M. Forbes St. Salvador, Henry Hill Isle of France, Martin St. Lucar R. S. Hackley Bickham St. Petersburg, John
Levitt Ilarris
Kingston, (Hull) William Davy St. Thomas, Robert M. Harrison
Leghorn, Thomas Apple- ton St. Cruz, Donnald Frazer L. Orient, Henry Wilson St. Eustatia, Wm Gamble La Rochelle, R. Sterry Tarragona & Yourica, J. M. Baker
Liverpool, James Maurey
London, Thomas Aspin- Tangier, James Simpson wall Tripoli, Richard B. Jones Lisbon, Israel P. Hutchin- Tunes, Thos. D. Anderson Trieste, Wm. H. Barney son
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PHILADELPHIA
MINISTERS,
Consuls, and Commissuries of Foreign Pouers resi- dent in the United States. From France.
M. HIDE DE NEUVILLE, Envoy Extraordinary, and Minister Plenipotentiary. Mr. Roth, Secretary of Legation. Mr. Bourguency, attached to the Legation. Philadelphia Mr. Petry, Consul General Do Mr. Berard, Vice Consul
Boston-De Volney, Charleston-Le Marquis
Portsmouth-(N. H.) An-
de Fougeres, Buchet de Mar- gelueci,
New York-L. D'Espin- tigny,
ville Savannah-Le Loup,
Baltimore-Delaforest New Orleans-Guillemin,
Norfolk-Coutauz
From Great Britain.
, CHARLES BAGOT, Envoy Extraordinary and Minister Plenipotentiary. Gibbs Crawford A. Secretary of Legation. William Henry Hugh's, private Secretary. Anthony St. John Baker, Consul General. James Baker, Secretary.
New York-James Bu- Boston-Wm . S. Skinner chanan Newport-(R. I.) John B.
Baltimore --- W. Dawson Gilpin
Norfolk-Patrick Savage Philadelphia-Alexander Charleston Walker
Georgia Benjamin Alexandria-(D. C.) J. Moordei Patton
N. Carolina
S. Carolina Savannah-J: Wallace
N. Orleans -. J. Davidson, . From Russia.
ANDRE DE DASCHKOFF, Envoy Extraordinary, and Minister Plenipotentiary. Theodore Ivanoff, Counsellor of Legation. George Ellison, Secretary of Legation. Nicolas Kosloff, Consul General Philadelphia. Baston-Alexy Eusta- New York-T. G. Bogert, phieve New Orleans-Benjamin Alexandria-T. Swift Chew,
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DIRECTORY.
Baltimore-Edw. J.Cale, Portland-Ebenezer Mayo Norfolk-Forte que W. Providence-Saml. Snow, Salem-John Prince,
From Spain. 7
DON LEWIS DE ORIS, Envoy Extraordinary, and Minister Pienipotentiary, Philadelphia. Philadelphia, Don Bartolome Consul. New Y .- Don T. Stough- Baltimore-Don Juan B. ton, Boston Connecticut
N. Hampshire
Vermont
Don Juan Sthougton
Barnabau Virginia &- Kentucky Don Argotte Villalobos, New Orleans- Don Diego Morphy
Rhode Island Charleston-Don F. Fatio Alexandria-(D. C.) Don Savannah-Don Carloes Pablo Chacon Mulvi From Portugal.
M. CORREA DE SERRA, Minister Plenipotentiary Philadelphia.
Philadelphia-Joseph Rudemaker, Consul General Boston-Simon S. Good. Nurfolk-Robt. Dickson, Washington City-Lewis wyn, New York-Joaquin Jose Vasques jr.
Baltimore-Robert Barry
Charleston -- Car. Mulvey,
Deblois Wilmington (N. C.) Joas P. Calhorda r
From Denmark.
P. PEDERSON, Minister Resident and Consul Gene- ral, Philadelphia. Philadelphia-J. Bohlen, Alexundria-Joth. Swift, N. York-G. Hammakin, Norfolk-Moses Myers, Boston-C. W. Greene, Charleston~(S. C.) Josh.
Baltimore-Freack. Wm. Winthrop New Orleans-R. Relf
Brune, From Sweden & Mortvuy. M. DE KANTZOW, Minister Resident.
New York-Henry Gahn, Consul General
Baltimore H. Aguilcn, Alexundria (D. C.) J.
Philadelphia-B. Dahl- Swift , Norfolk-John Myers Washington-(N. C.) 3:
green Boston-S. Blagge,
Providence-(R. I.) R. B. Cunningham Wilmington-(N. C.)
Rogers jr.
Edmund Bridge jr.
-
-.
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PHILADELPHIA
Charleston-(S. C.) Jos.New Orleans-R. D. Winthrop Shepherd
Savannah-Wm. Taylor. GUARDIANS OF THE POOR
Of the city of Philadelphia, district of Southwark, Township of the Northern Liberties, and Penn. Their places of abode and Districts.
Charles Souder, 212 north Sixth street, From the north side of Vine street to the south side of Cal- lowhill street, and from the west side of Sixth st. to Schuylkill.
Jacob Huff, 365 Callowhill street, From the north side of Callowhill street to the south side of HickQ- ry lane and from Sixth street to Schuylkill.
Martin Ludie, opposite the Rising Sun, German- town road, From the north side of Hickory lane to the boundary line of Penn township, and from Schuylkill to Sixth street, taking in the best part of Germantown road.
Jacob Moser, Queen, above Hanover street, From the east side of the Germantown road up to the township line, and from the Delaware, including Kensington, to the township line.
George Hackor, 106 Budd street, From the north side of Poplar lane, including the west side of the the Germantown road, to the township line, and from the Delaware to the township line.
Joseph Slingluff, Third near Brown street, From the south side of Poplar lane to the north side of Brown street, and from the Delaware to Sixth st.
Christian Read, 48 Budd street, From the south side of Brown street, to the north side of Coates' street, and from the Delaware to Sixth street.
Tiberius J. Bryant, 396 North Front steeet, From the south side of Coates' street to the north side of Green street, and from the Delaware to Sixth st.
George S. Shugart, 385 North Second street, From the south side of Green street to the north side of Noble street, and from the Delaware to Sixth street.
George Budd, 255 north Front street, From the south side of Noble street to the north side of Cal- lowhill street, and from the Delaware to Sixth st.
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DIRECTORY.
John Heyl, 204 north Second street, From the south side of Callowhill street to the north side of Vine street, and from the Delaware to the Sixth st.
William A. Peddle, 63 north Water street, From the south side of Vine to the north side of Arch street, and from the Delaware to Fourth street.
Isaac Davis, 106 north Fourth street, From the south side of Vine to the north side of Arch street, and from the west side of Fourth to the east side of Sixth street.
John Delamater, 68 north Eighth street, From the south side of Vine to the north side of Arch street, and from the west side of Sixth to the east side of Ninth street.
Jacob Colliday, 137 north Eighth street, From the south side of Vine to the north side of Archi street, and from the west side of Ninth to the east side of Twelfth street.
Amos Hoops, North street, between Tenth and Eleventh and Race and Vine streets, From the south side of Vine to the north side of Arch street, and from the west side of Twelfth to Schuylkill.
William Gerhard, 44 north Front street, From the south side of Arch to the north side of Market, and from the Delaware to the east side of Eleventh street.
Joseph Howell, 107 Chestnut street, From the south side of Market to the north side of Chestnut, and from the Delaware to the east side of Eleventh street.
Jacob Billmeyer, 272 High street, From the south side of Arch to the north side of Chestnut and from the west side of Eleventh street to Schuylkill.
John M'Cauley, 119 south Front street, From the south side of Chestnut to the north side of Walnut, and from the Delaware to the east side of Eleventh street.
Charles Stewart, 27 north Second street, From the south side of Walnut to the north side of Spruce, and from the Delaware to the east side of Seventh street.
William W. Fisher, 99 south Front street, From the south side of Walnut to the north side of Spruce
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PHILADELPHIA
zand from the west side of Seventh to the east side of Eleventh street.
Clement C. Biddle, 303 Spruce street, From the south side of Chestnut to the north side of Spruce and from the west side of Eleventh street to Schuyl- kill.
Whitton Evens, 213 Spruce street and 77 South Wharves, From the south side of Spruce to the north side of Pine street, and from tire Delaware to the east side of Teuth street.
Anthony Stocker, 118 Pine street, From the south side of Pine to north side of Cedar, and from the Delaware to the east side of Fifth street.
Jolın C. Stocker, 222 Pine street, From the south side of Pine to the north side of Cedar, and from the west side of Fifth to the east side of Tentli st.
John Bonsall, 227 Spruce street, From the south side of Spruce to the north side of Cedar, and trom Tenth street to the Schuylkill.
George Weaver, 252 South Third street, From the south side of South street to the north side of Shippen street, continued, and from the river Dela- ware to Passyunk road.
Samuel Ashton, 273 south Second street, From the south side of Shippen to the north side of Plum street, and north side of Fuller's alley, and from the river Delaware to Passyunk road.
William Hook, 254 south Third street, From the south side of Plum street and south side of Fuller's alley to the north side of German street and north sine of Mead alley, and from the river Delaware to Passyunk road.
Hugh Brotherton, 830 south Front street, From the south side of German street and south side of Mead alley to the north side of Queen street, and from the river Delaware to Passyunk road.
Charies Torres, 425 south Front street, From the south side of Queen street, (between the east side of Second and the river Delaware) to the southern boundary of the district.
. John C. Miller 228 Swanson street, From the south side of Queen street to the southern bounda- ty of the district, and from the west side of Second rsetre to Passyunk road.
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DIRECTORY.
NOTARIES PUBLIC .. For the City-Peter S. Duponceau, Peter Lohra Nicholas Diehl, George Heyl, Benjamin, Nones' and C. C. Biddle
CHAMBER OF COMMERCE.
Robert Waln. president; Robert Ralston, and Thomas M. Willing, vice presidents Robert Smith, treasurer.
DISTRICT OF SOUTHWARK.
Justices of the Peuce-Richard Renshaw, Richard Palmer, Ebenezer Ferguson, Daniel Bussier, Joseph Marsh, Alexander Steel and John Thompson.
Notary public-Richard Renshaw.
Police Officer-Acheson Thompson.
Constables-Henry Engle, William Harvey, and Peter Crans.
Superintendant-C. Armstrong.
NORTHERN LIBERTIES.
Justices of the Peace-Samuel Wheeler, Freder- ick Wolbert, John Goodman, jun. Saml. Macferran, Joseph Grice, John Kessler, Frederick Færing, Edward D. Corfield, Henry Probasco, Thos. Barnes, Chas. Carey, jun. WVitham Moulder, Jolin Shaw, Jacob Fitler, John Rogers.
Notary Public-John Goodman jr.
Constables-B. Johnson, John Miller, John Buck- ius,-Van Horn, Peter Slauterer.
MOYAMENSING TOWNSHIP. Justices of the peace-John Hunter, Michael Freytag, and Joshua Raybold. Constubles-Michael, Cooper and Wm. Parker.
PENN TOWNSHIP. Constable-Conrad Worknot.
COUNTY COMMISSIONERS. Jolın Thum, Malcolm M'Donnald, and Freder- ick Axe, John Reese, Clerk, Daniel B. Lippard, Treasurer, John L. Leib. Solicitor,
Xx
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PHILADELPHIA, &c'
SOCIETIES.
SOCIETY OF ARTISTS .- J. Trumbull, President ; William Strickland, William S. Leamy, F. Miles, G. M. Miles, Vice-President ; J S. Dorsey, profes- sor of Anatomy ; J. Vallance, Treasurer ; William Kneass, Secretary ; S. Lewis, assistant.
BOTANIC GARDEN,-Directors ; Robert Ralston, Dr. Jonas Preston, Simon Gratz, Joseph Cloud, Benjamin Tucker, Robert Vaux, Reuben Haines, Edward Clarke, Adam Eeckfeldt, Lewis Clapier, Isaac C. Jones, Joshua Longstreth.
NEW-ENGLAND SOCIETY .- Charles Chauncey, Pre- sident ; Enons Brown, O. Ammuidon, J. Barnes, G. Fairman, Vice-Presidents; Revds. William Rogers, and E. Ely, Chaplains ; Thomas Lyman Secretary ; George Fales, assistant Secretary ; Asaph Stone, Treasurer ; H. Atherton, W. H. Dillingham, Coun- sellors ; J. F. Waterrnan, N. C. Nancrede, Physi- Cians ; Geo. O. Bicknell, Samuel Nevins, Geo. Fobes, Jno. W. Lyman, Stewards.
ST. GEORGES SOCIETY .- Robert E. Griffiths, Pre- sident ; Joseph E. Sims, ~Vice-President ; Joseph Bell, Treasurer; George Davis, Secretary ; Wil- liam Page, Richard North, George Rundle, Tho- Inas Astley, James Williams, James Kicthen, Tris- tam B. Freeman, James Wood, Stewards.
ST. ANDREWS SOCIETY .- Robert Smith, Presi- dent : Charles Macalester and G. Hamilton, Vice- Presidents ; Quintin Campbell, Treasurer ; James Imbrie, Secretary ; Rev. Doctor Banks, Chaplain ; E. S. Burd and J. B. Wallace counsellors ; N. E. Chapman, Physician.
MISERIES OF PUBLIC PRISONS .- William White, president ; William Rogers, Thomas Wistar, vice presidents ; Caleb Cresson, Roberts Vaux, Secreta- ries ; Joseph M. Paul, Treasurer.
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