USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 91
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Secondly, this indenture not only purported to be made with the assent of his sister as next friend, but she had entered into a covenant for the faithful perform- ances of the infant's covenants. It corresponds, in sub- stance, with the instrument recited in the case of Meade ยป. Billings, decided in 10th Johnson,99, where the guar- dian was held to be liable upon the covenant. But how can a married woman enter into a covenant? Especially if that covenant it to her husband? In Commonwealth v. Eglee, there were no covenants on behalf of the feme covert, but only an assent to the binding. In this case, she acted in company with her husband, and the pre- sumption of law is, that she acted under his coercion .- A felonious taking of goods under such circumstances, would not subject her to an indictment for larceny. A transfer of her estate under such circumstances, would be void.
F. W. Hubbell argued on behalf of the defendant,
1st. That Mrs. Leeds answered the description in the act of assembly, viz: "next friend;" the father and moth- er being dead, and the apprentice having no brother who had attained twenty-one, the duties of guardian- ship and maternity devolved on the eldest sister, and she was emphatically the "next friend." The act mentions no such exception as coverture.
2nd. That according to the strict technical rule of law, the disability of coverture extends to acts in favor of third persons, as well as to those in favour of the hus- band; in the latter, they are void upon the same princi- ple as in the former; they only differ in degree; and that, therefore, when it was decided in Commonwealth v. Eg- lee, the nature of this assent is thus defined: "it is a personal confidence reposed in her by act of assembly; she parts with no property, divests herself of no inter- est." A power or confidence reposed in a married wo- man unaccompanied with any interest, may be well ex- ercised by her in favour of her husband, although the exercise of it require discretion, as a power of sale, &c. Coke Lit. 112, and 4th Cruise, 181. Tysee v. Williams, 3 Bibb's Rep. 368.
3d. The cases of purchases by executors, trustees, &c. at their own sales, have no analogy to the present case, although we should admit such an identity be- tween husband and wife, as to render the exercise of a power in favour of her husband, in effect an exercise in favor of herself; for at law, such a.purchase by an exec- utor or trustee, when made in the name of a third per- son, is good. Equity interferes on grounds of policy .- Such a case as this has never been agitated in courts of equity, and technical rules of equity, which preclude in- quiry into the real equity, are not to be extended be- yond their letter. Equity avoids such a sale, by putting the purchaser in statu quo, returning him the purchase money with interest, &c. Sugden's Venders, 433, and a tender of this is essential to the cestui a que trust's claim of relief. But here no offer is made of compen- sation to the master, for the instruction and sustenance of the apprentice, during the time he has been with the master-as yet he has been only onerous; his services, after he acquired the trade, were to be the requital.
undue influence, and on the face of the indenture we find all the usual covenants. It has been objected that the schooling covenanted for, is not sufficient; but it may be answered, that the boy was considerably beyond the usual age of bihding, and so advanced in education, (as appears from his signature to the indenture, ) that he did not need that more schooling should be stipulated for.
Lastly, that the act of assembly does not require the next friend to enter into any covenants, but merely to give assent. Therefore, the covenants by the next friend in this indenture, were merely surplusage, and could not vitiate it, utile per inutile non vetiatur. That the covenants by the next friend being entirely in favour of the master, it was he alone who could object it, if they were void.
Per Curiam Gibson, chief justice.
There must undoubtedly be an actual, and not mere- ly a formal next friend. His office, however, is not to bind the apprentice, but to allow the apprentice to bind himself. The covenants of the apprentice, although ex- ecuted under the supervision of those whom the law has set over him, are exclusively his own. Such are the provisions of the act of assembly, and such was the con- struction of it in the Commonwealth v. Eglee. The practice has, for the most part, been for the prochein amy to express his assent by sealing the indenture, but no one ever thought of having recourse to him on the contract, at least no instance of the sort has fallen under my notice. The reason is, that the legislature has not said that he shall become a party. The assent is some- times expressed by subscribing as a witness, but nei- ther in the one case nor the other has the prochein amy considered that he was binding himself for the appren- tice. His covenant, if any existed, would be joint. But that would be inconsistent with his power, which is not to subject, by any act of his, the person of the appren- tice to the dominion of the master; that can be done on- ly by the apprentice himself. The prochein amy can join in the act only'so far as the law gives him authority; and by the terms of the act of assembly, his agency is not to be active, but passive. The point was expressly ru- led in the Commonwealth v. Eglee, where the cover- ture of the prochein amy would have afforded a decisive objection, if she had been considered a party to the deed. That case establishes also, that the subjection of a feme covert prochein amy to her husband's will, is not, in contemplation of law, inconsistent with the free exer- cise of her will in the execution of her trust; and this, in analogy even to the common law, which permits a wife to act in a representative capacity, and indepen- dent of her husband, wherever the subject matter is un- connected with his interest or marital rights. The pinch of the case here, is, that the binding was to the husband. But in equity, and even in some instances at the common law, where ever a feme covert has power to act as if she were sole, she may treat directly with the husband. As, however, the matter depends on construction, it is urged that expediency requires that the act of assembly be so interpreted as to avoid the tendency to abuse of power, which must necessarily exist in every case like the present. That would be a grave consideration, were abuses of the sort not subject to redress. But an effec- tual corrective may be found in the supervising powers of the judges, who are bound to discharge wherever the contract is shown to be tainted with actual fraud or col- lusion, and in a case like the present, the transaction would be more strictly scanned than if the binding were to a stranger. We will not, however, discharge, of course, where, as in this case, the covenants appear to be reasonable and proper on the face of the indenture, especially where the application is not made till the ap- prentice has ceased to be a burthen. It is objected that the quantum of schooling is unreasonably small. It ap- pears, however, from the apprentice's signature to the indenture, that he wrote a fair hand; and the great ob-
4th. That heretofore it has only been contended, that the fact that the next friend in the indenture was the wife of the master, does not per se vitiate the indenture. If there were actually an undue influence, it is other- wise. Nay, we are willing to admit that the law regards such a transaction with jealousy. If this indenture be subjected to scrutiny, even with such a disposition, it must be sustained; for there is no extraneous proof of | ject of the binding being to learn the art and mystery of
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A SOCIETY FOR THE ENCOURAGEMENT OF DOMESTICS.
IMAT
the master, I would hold an indenture valid, without any covenant for schooling at all, if it should appear that the education of the apprentice had been sufficiently at- tended to before. It, therefore, appears to a majority of the court, that no reason had yet been shown why the apprentice should not be remanded.
Tod, justice, dissented.
SOCIETY FOR THE ENCOURAGEMENT OF DOMESTICS.
Philadelphia, May 13th 1829.
At a respectable meeting of the citizens convened this evening by public advertisement at the National Hotel, to receive the report of the Committee appoint- ed by the town meeting on the 31st of March, to consid- er and report on the subject of forming a Society for the Encouragement of faithful Domestics, Samuel B. Davis, Esq. was appointed Secretary.
The Report, embracing the recommendation of the formation of a Society, with a constitution, and an ad- dress to the public on the subject, was presented, read considered by paragraphs, and unanimously adopted, in the form hereto annexed.
It was then resolved that Mathew Carey, Charles Bird, Matthew L. Bevan, William Collins, Edward Needles, Robert Earps, Isaiah Hacker, Richard Benson, George Stewardson, Paul K. Hubbs, Isaac Elliott, John U. Fraley, Samuel B. Davis, and John Conrad, Esqrs. be a Committee to procure subscribers to the proposed Society, and that they have power to fill vacancies, should any occur.
Resolved, That as soon as two hundred subscribers are procured, this committee shall call a meeting of them, for the purpose of organizing the Society.
Resolved, That the editors of the public papers be re- quested to publish the proceedings of this meeting.
SAMUEL B. DAVIS, Chairman. M. D. LEWIS, Secretary.
REPORT.
The Committee appointed by a town meeting of the citizens of the city and county of Philadelphia, on the 31st of March last, "to take into consideration the sub- ject of establishing a Society for the encouragement of Faithful Domestics; to collect and methodise the facts and results of the experiments made by such Societies in London and New York; and to make report of their proceedings to a public meeting to be called by them as soon as they are prepared for the purpose," beg leave to report, that they have performed the duty assigned them, and submit the following constitution and address, as the result of their labours.
Whereas, the comfort and happiness of families, and morals & manners of children, depend in no small degree, on the good conduct & correct deportment ofdomestics:
And whereas it would conduce to elevate the charac- ter and respectability of domestics, to distinguish by re- rewards and premiums, and certificates of good char- acter, those who have for a length of time conducted themselves with honesty and propriety in the families in which they have been located,-
And whereas the establishment of a register office, fairly conducted, where housekeepers and domestics may apply, with a rational prospect of being properly accommodated, the former with domestics and the lat- ter with employers, has been found highly advanta- geous to both parties, in Great Britain and in New York, and may be reasonably expected to produce similar re- sults here:
Therefore, Resolved, that it is expedient to form a Society, under the title of "The Philadelphia Society for the Encouragement of Faithful Domestics," and that . the following be the
CONSTITUTION.
1. This Society shall consist of as many members, ladies and gentlemen, as shall sign this constitution, and conform to its regulations.
2. The officers shall be: a President, a Vice President, Secretary, and a Treasurer, {who shall be chosen by ballot, as soon as two hundred subscribers are procured, on the
of the present year, and on the same day annu- ally afterwards, at which time general meetings of the Society shall be held.
3. There shall be a Board of Managers, fifteen in number, who shall be chosen at the same time and place, and in the same manner, as the officers. Of this board the officers shall be members ex officio. Five mem- bers shall constitute a quorum. The Managers shall have power to fill vacancies in the Board. They shall have charge of the concerns of the Society, and shall at each general meeting lay before it a report of their proceed- ings.
4. The President, or, in his absence, the Vice Pres- ident, or, in the absence of both, a chairman to be cho- sen pro tempore, shall preside over the meetings of the Society. The president whenever he judges proper, may, and, on written requisition of twelve members of the Society, shall, call extra meetings of the Society.
5. The Secretary shall keep fair minutes of the pro- ceedings of the Society, and perform all other duties that may pertain to his office.
6. The Treasurer shall receive all the monies of the Society, and pay the orders of the President, counter- signed by the Secretary. He shall lodge the monies of the Society in bank to their credit, and shall give bond for the faithful performance of the duties of his office.
7. The Managers shall, by a majority of votes, choose an agent, or agents, who shall keep a register office in some convenient part of the city, and shall conform to the rules and regulations prescribed in writing by the Managers, who shall fix his or their salary; in case of misconduct remove him or them from office, and ap- point a successor or successors. Such removal shall not take place but by the votes of a majority of the' whole number of members of the board.
8. The hours of attendance at the office shall be from six o'clock in the morning, till eight o'clock, P.M. but may be otherwise regulated by the Managers.
9. No fee or gratuity shall be received from domes- tics on any pretence whatever.
10. No domestic's name shall be entered on the books of the Society without satisfactory evidence of good character be produced, together with their respective qualifications.
11. Any domestic who shall present a forged recom- mendation, or a recommendation given to another do- mestic, shall be dealt with as the Managers shall deem proper.
12. Any person who shall pay Five Dollars in advance shall be a member of this Society for one year, and may apply for servants as often as he or she may have occa- sion for them, with the additional privilege of nominat- ing one servant who shall be entitled to the gratuities which may be agreed upon by the Board of Managers. But the name of such servant must be recorded at the office one year before any premium can be given. A cer- tificate of this record is requisite, and will be furnished by the agent. Subscribers who nominate more than one domestic for a premium, shall pay for each addition- al one, five dollars.
13. No person but a member shall have access to the books of the Society, or be furnished with a domestic from the office: and no member shall apply for a domes- tic for a person not a member.
14. Any member who shall give a false or grossly de- ceptive character of a domestic, or who may be found guilty of enticing or inveigling a domestic, from any other person, whether a member of the Society or not, shall be excluded from the Society-but not unless by a majority of the whole number of the Managers.
15. As soon as the funds of the Society shall warrant the measure, the Managers shall be authorized to award, annually, premiums to faithful domestics, in such man-
1829.]
PRESENTMENT OF GRAND JURY.
329
er and proportions, and for such degrees of continuance with their respective employers, members of the Society, as the Managers shall determine in their by- laws. Those premiums shall all be prospective as an inducement to future good behaviour.
16. It shall be the duty of the Managers to visit the office by turns at least twice in each week, during the hours of business, to see that the regulations are strict- ly complied with.
17. A visiting Committee of Ladies, fifteen in num- ber, members of the Society, may be appointed by the Managers, if they judge proper, to visit the office week- ly by turns, and make report of the management, and suggest such improvements as they may judge neces- sary.
18. Nurses of the sick may be registered, when they are recommended from their last places, provided such recommendations are not dated more than three months previous to the application.
19. If any subscription, is not renewed and paid within three months after the expiration of the year for which the subscription has been paid, such default shall be considered as an intention to discontinue the subscrip- tion, and the servant or servants of such subscriber, al- though nominated, shall not have a claim to any gratuity from this Society.
20. The Managers shall meet for the distribution of premiums, and other business of the Society, on the first Thursday in January, April, July, and October, at their office, at 5 o'clock in the afternoon, and shall have the power to call general meetings of the subscribers, when it shall appear proper to do so. The names of the servants who receive premiums, shall be printed in the . next succeeding report.
21. Subscribers who may wish to apply for any of the premiums for their servants, must have been members of the Society at least six months previous to such ap- plication.
22. A printed copy of the Constitution and By-Laws shall be affixed to a conspicuous part of the office, and a copy shall be furnished to each subscriber.
23. No alteration shall be made in this constitution, unless proposed at one general meeting and decided on at another. Due notice of the proposed alteration shall be given to the members in the notices to be issued for the meeting at which it is to be considered.
Extract from the "Address to the Public."
*If viewed aright, it is one of the greatest privileges we enjoy, to be permitted TO DO GOOD TO OUR FELLOW CREATURES; and in proportion as we live "not to our- selves,"' will be found our actual happiness in this world, and our approbation by Him whose loveliest at- tribute we thus endeavor to imitate."
The proposed Society, of which the constitution is now submitted to the public, makes a strong appeal to the best feelings of the heart, which, among a humane and enlightened community, cannot fail to have a pow- erful effect. Its grand object is to ameliorate the con- dition-improve the morals-and elevate the character of from 18 to 20,000 human beings, which is probably the least number of domestics in the city and liberties, male and female. It is impossible attentively to contem- plate such an object, in all its bearings and aspects, pub- lic and private, without an intense interest being exci- ted for its success, among the friends of their kind, as well as a conviction that its attainment is worthy of great and united efforts and sacrifices.
the tender minds of children, from that intercourse with corrupt and depraved domestics, against which no care or caution can sufficiently guard, when a family is af- flicted with them. Against tlris evil, the proposed So- ciety affords a more complete safeguard than any other plan that can be devised. A further object of the So- ciety will be to prevent the mistaken, but pernicious lenity, by which our citizens are sometimes induced to give recommendations to unworthy domestics; often subjecting those who rely on them to serious injury.
But it may be said that this is a mere fanciful experi- ment-that it may fail of success-and that then the ex- pense and trouble will have been thrown away. True, it is an experiment here; and, had it not been fairly tri- ed elsewhere, scepticism might perhaps be justified in regarding it with those doubts and that jealousy which in almost every instance attend the promulgation of new - projects. But fortunately we have the advantage of the experience to guide us, and the success to encourage us, of similar societies elsewhere. There is in London a Society on the plan suggested, which was formed in the year 1813, by a benevolent individual, of which the success has equalled the most sanguine expectations of the projector, and which has produced the most saluta- ry results in improving the character and condition of domestics. There are others in Manchester, York, Chester and Norwich, in England-and there is one es- tablished, or about to be established, in Paris. One has existed for above four years in New-York, of whose op- erations and their results, we have full and complete ac- counts, which prove that if we are not wanting to our- selves-if the plan meet with encouragement in any de- gree proportioned to its prospective utility-it cannot fail to be eminently beneficial.
PRESENTMENT OF GRAND JURY.
The Grand Inquest of the Commonwealth of Penn- sylvania inquiring for the Courts of Philadelphia repre- sent the numerous tippling houses, billiard tables and other games as great nuisances, which would unques- tionably be very much reduced in number, if not alto- gether suppressed were the Constables to fulfil their duty-they are aware of the difficulties under which these officers labour, as pointed out by Judge King in his full and able charge, and would be pleased to see his suggestions, to elect them for a term, of at least five years, put in practice, thereby making them more inde- pendent. . A law to regulate oyster cellars, would in the opinion of the Jury have a very beneficial effect-many are enticed into them, not so much for the purpose of eating as of tippling and remaining to very unseasona- ble hours at night-the compelling of them to be clos- ed earlier, would not be considered an improper in- fringement of the right of the people, and would be re- ceived by the most numerous part of society as a whole- some regulation, in which they would cheerfully acqui- esce. The practice of horse racing, within the Courts of Philadelphia and on the public highway is still con- tinued to the hazard of the lives of the inhabitants, sev- eral serious accidents have occurred, and citizens have been prevented from passing in their lawful business- here again the Constables are neglectful of their duty, or a stop would be put to such unwarrantable proceed- ings, leading, in addition to other evils, to the destruc- tion of the morals of hundreds, many of whom improp- erly spend their hard earnings, which should be applied to the use of their families who are left to suffer and not unfrequently become a charge on the public.
There is another object contemplated, of deep and not inferior importance, which powerfully addresses it- The Jury as a part of their duty visited the Walnut street and Arch-street prisons and were pleased to ob - serve throughout a degree of cleanliness and general at- tention, highly commendable. They also made a most in- teresting visit to the "House of Refuge" and have great pleasure in expressing the high gratification they ex- perienced-they cannot but recommend it, as an insti- self to the vital interests of the heads of families, and which cannot fail to have great influence in deciding the fate of this project. In its result not merely their peace and comfort, but, which is of far higher concern, the morals, the welfare, and the permanent characters and conduct of their children are more or less involved. It is next to impossible to prevent the contamination of | tution deserving of every support, & they hope it will re- Voz. III. .42
330
PENNSYLVANIA CANAL AND RAIL-ROAD.
[MAY
ceive from time to time, as its usefulness becomes devel- oped, all that assistance, from an enlightened Legislature and intelligent public, which its exigencies may demand. The admirable system throughout, the attention to per- sonal cleanliness, the moral and religious care bestowed on the unfortunate inmates, the promoting of industrious and studious habits and the teaching of those branches of education, most useful, connot but lead to the hap- piest results, and they cherish the hope that many, who but for this establishment would be lost, will not only be restored to society and become useful members thereof, but, what is of much more importance will se- cure their cternal welfare.
Jno. R. Neff
Jona. Babbington Joseph Hargesheimer John Manson Michael Frick Edward Smith John Orr William Foster
Philadelphia, May 8th, 1829. Joseph Donaldson Solomon Allen L'udwick Sharp Sam. N. Lewis
Wm. L. Norton John J. Kreider Jesse Williamson
Samuel W. Jones Edward Evans.
PENNSYLVANIA CANAL AND RAIL ROAD.
An Act relative to the Pennsylvania Canal and Rail Road.
SECT. 1. Be it enacted by the Senate und House of Re- presentatives of the Commonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the au- thority of the same, That it shall be the duty of the ca- nal commissioners to cause as much of the contracts al- ready made upon the different lines of canal and rail ways, to be completed within the present year, as shall be practicable, and that they be authorized and requi- red to enter into contracts, for the execution of those sections of the Delaware divisions of the Pennsylvania canal, between Bristol and Easton, and those sections on the North Branch division between Northumberland and Nanticoke falls, which have not yet been commen- ced, and to complete the same if practicable within the present year. And the said canal commissioners are hereby further authorized after the fifteenth day of Oc- tober next, to enter into such other contracts for the ex- tension of the lines of canal and rail ways which have been authorized by law, or shall be authorized by this act in such manner as they shall deem most conducive to the interest of the state, Provided, that the amount of such contracts shall not exceed the amount of money appropriated by this act, which shall not be necessary to satisfy the amount of work which shall be done during the present year on contracts already made.
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