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. XII > Part 108
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30 40
Nathaniel Holmes
Allegheny
60 80
Jonathan H. Sloan
Armstrong
15 20
Benjamin Adams
Beaver
15 20
David Bright
Berks
76 95
Chauncey Frisbie
Bradford
15 20
Andrew Sproul
Butler
16 00
Samuel Kinsey
Northampton
94 80
Walter W. Ilodges
Warren
Richard Lancaster
Wayne
114 00
William M'Kinney
Westmoreland
142 50
Jacob Bayler
York
228 00
Chester do.
1,365 32
28 50
Melchi Happersett, late
123 01
George Moore
Eric
75 52
David T. Porter
Mercer
28 50
Samuel Kinsey.
Northampton
Northumberland
85 50
George Weiser
C. I. Ward
Susquehanna
114 00
John Todd, late
28 50
90,545 23
Philip Peltz, late
$2,461 93
-
NO. XV. Militia and Exempl Fines.
Northampton
258 40
George Weiser
Robert Kelly
Perry
46 55
C. L. Ward Susquehanna
1 90
Richard Lancaster
Wayne
30 40
Samuel Marshall
Washington
1 90
368 60
John H. Duchman, late
$96 26
NO. XVI. Tin and Clock Pedlers' Licenses.
171 00
Nathaniel Holmes, treas. of Allegheny co.
$3,025 45
Increase of County Rates and Levies, per Act of 25th March, 1831.
Robert Smith, treasurer of Adams county, 3,893 36 Nathaniel Holmes Allegheny 9,025 59
142 50
3,187 14
J. F. Heinitsh, late
199 50
1,095 76
5 23
0 95
John Phillips
378
REVENUE OF THE COMMONWEALTH FOR 1833.
[DECEMBER
John English
Beaver
1,174 25
George Meason
Fayette
400 00
Benjamin Adams, late
do,
546 20
Jasper E. Br dy
Franklin
744 69
David Bright
Berks
11,017 54
Jacob Miller
Huntingdon
117 50
Chauncey Frisbie
Bradford
610 76
Bleany Adair
Indiana
35 00
William Russel, late
clo.
709 41
Zephaniah M'Lenegan
Lancaster
1,439 37
Jesse Johnson
Bucks
2,200 00
J. F. Heinitsh, late
do.
1,678 99
William L. Strawn, late
do.
3,880 70
Emanuel Meiley
Lebanon
800 00
Andrew Sproul
Butler
87 90
B. A. Bidlack
Luzerne
85 53
William A. Thomas
Centre
1,247 31
Henry D. Ellis
Lycoming
170 61
James Alexander
Chester
5,572 42
David T. Porter
Mercer
56 48
Melchi Happersett, late
do.
12,000 00
Christian Keisel
Montgomery
791 80
G. P. Gulich
Clearfield
90 00
John Todd, late
do.
1,540 55
Joseph Morrison
Crawford
600 00
Samuel Kinsey
Northampton
2,258 33
John Phillips
Cumberland
5,258 82
George Weiser
Northumberland
100 00
Richard T. Leech
Dauphin
5,950 00
Robert Kelly
Perry
72 84
Oborn' Levis
Delaware
364 70
William Stephens
Philadelphia
12,000 00
William Eyre, late
do.
1,318 35
Philip Peltz, late
do.
10,968 16
George Meason
Fayette
2,070 16
Isaac Ankeny
Somerset
82 41
Henry Smith
Franklin
3,178 50
William Foster
Jacob Miller
Huntingdon
2,071 59
C. L. Ward, late
63 80
Bleany Adair
Indiana
379 07
John Barnes
Tioga
26 85
Jared B. Evans
Jefferson
125 10
Thomas Dyer, late
do.
29 35
Joseph Cummins
Juniata
1,100 00
Jacob Mauch
Union
15 00
Zephaniah M'Lenegan
Walter W. Hodges
Warren
31 15
J. F. Heinitsh late
Samuel Marshall
Washington
445 27
Emanuel Meiley
Lebanon
3,669 51
Richard Lancaster
Wayne
8 46
Michael D. Eberhard
Lehigh
5,123 61
William M'Kinney
Westmoreland
386 36
Daniel Hartman
York
247 50
Jacob Bayler, late
do.
1,327 38
Henry D. Ellis
Lycoming
193 74
David T. Porter
Mercer
967 66
Rensselaer Wright
M'Kean
124 29
James Dickson
Mifflin
1,070 00
Christian Keisel
Montgomery do.
4,742 70
Samuel Kinsey
Northampton
9,795 17
George Weiser
Northumber'd 2,094 17
Menges Wolved
Montgomery 53 00
Robert Kelly
Perry
1,427 04
George Swerner
Northumberland 103 31
William Stephens
Philadelphia do.
17,512 13
Burrel Lyman
Potter
17 92
John Schall
Schuylkill
2,230 29
Isaac Ankeny
Somerset
1,089 02
William Foster
314 29
C. L. Ward, late
362 75
John Barnes
Tioga do.
543 82
Jacob Mauch
Union
1,385 00
Samuel Huston, lafe
Venango
30 22
Scott W. Sales
330 00
Walter W. Hodges, late
354 98
Samuel Marshall
Washington
655 98
S. & M. Allen, part of loan per act of 16th February, 1833,
1,311,307 00
Richard Lancaster, late
221 32
S. & M. Allen, amount of loan per act of 27th March, 1833, 530 000 00
Office of Discount and Deposit at Har- risburg, temporary loan per act of 27th March, 1833, 100,000 00
$2,539,987 00
-
NO. XIX.
Tax on Personal Property per Act of 25th March 1831.
Robert Smith, treasurer of Adams county, 276 39
Nathaniel Holmes
Allegheny 337 57
Jonathan H. Sloan
Armstrong 25 34
Benjamim Adams
Beaver
61 77
David Bright
Berks
1,690 70
Chauncey Frisbie
Bradford
51 57
Jesse Johnson
Bucks
800 00
William L. Strawn, late
do. 1,560 07
William A. Thomas
Centre 97 41
James Alexander
Chester
1,625 34
74,200 00
Joseph Morrison
Crawford
50 00
John Phillips
Cumberland
415 12
$335,651 72
Richard T. Leech
Dauphin
700 00
NO. XXIII.
Premiums on Loans.
Bank of Pennsylvania, fourteen and eight-hundredths per cent. on the balance of loan, per act of 30th March 1832,
84,294 14
S. & M. Allen, thirteen and fifty-one- hundredths per cent. on the amount received of loan, per act of 16th Feb- ruary, 1833,
S. & M. Allen, fourteen per cent. on the loan, per act of 27th March, 1833,
NO. XXII. Loans.
Bank of Pennsylvania, balance of loan per act of 30th March, 1832, $598,680 00
Ephraim W. Hamlin
Wayne do
358 32
William M'Kinney
Westmoreland 3,067 52
Daniel Hartman
York
2,996 87
Jacob Bayler, late
do.
650 10
$185.177 32
NO. XX.
Escheats.
Estate of John Reader,
Lancaster county, 295 00
Diana James
Philadelphia 1,291 68
Philip Peltz, late
$1,742 90
NO. XXI. Canal Tolls. [See details, page 347, present vol. Reg. ]
Susquehanna do.
520 23
Thomas Dyer, late
do.
74 31
B. A. Bidlack
Luzerne
634 18
2,010 10
John Todd, late
Lancaster do.
15,833 35
10,868 31
Susquehanna do.
70 71
Bateman Downing, late
$43,685 37
177,157 58
Warren do.
21,000 00
1833.]
ARBITRATIONS.
379
NO. XXIV. Premiums on Bunk Charters.
Merchants' and Manufacturers' Bank of Pittsburg, 59,797 89
Girard Bank, 25,000 00
Western Bank of Philadelphia,
8,333 34
Manufacturers' and Mechanics' Bank of Philadelphia, 5,000 00
Moyamensing Bank in the county of Philadelphia,
4,166 67
$102,297 90
NO. XXV.
Old Debts and Miscellaneous.
William C. Leavenworth, agent for the sale of lands formerly of John Nich- olson, per act of 11th April, 1825, Joseph Barnes, for lands formerly of John Nicholson,
468 00
1,000 00
Henry Baldwin and Alexander Addi- son, do.
3,276 61
Alexander M'Connell, David Reynolds, and John M'Connell, do.
233 21
Abner Lacock, late acting canal com- missioner, sale of property belonging to the Commonwealth, 141 92
$5,119 74
ARBITRATIONS.
The following able opinion involves principles inter- teresting to the profession of the law, and particularly to our own community.
Horton
Us. 3 In the District Court for the City and County of Philadelphia.
Stanley. S
Present-Barnes, President; Coxe and Pettit, Judges.
This case was argued by D. P. Brown, Esq. for the plaintiff; and William M. Meredith, Esq., for the de- fondant.
The facts relative to the points discussed are suffi- ciently stated in the opinion of the Court, which was delivered on the 2d day of Nov. 1833, as follows, by Judge Pettit.
This suit was entered to September Term, 1833.
The parties filed an agreement in writing submitting "all matters in variance in the above case to the deci- sion of James Caldwell, Joseph Randall, and Albert G. Pearson, the award of whom, or majority of whom, to be final and conclusive, and neither subject to appeal, exception or stay of execution."
There was an award for the plaintiff. The defendant filed exceptions. The case is now before the Court up- on a motion of the plaintiff's counsel to dismiss the ex- ceptions, without an enquiry into their merits, upon the ground that the defendant has agreed that there should be no exception.
It is conceded that the submission was under the Act of Assembly of 1705 .- (5 S. & R. 51.)
The general character of this Act has been very of- ten considered, and many of the principles which go- vern the Courts upon applications to set aside awards made under it, are too firmly established to be again the subject of discussion. Thus where there has been corruption or misbehaviour in the referees, or plain and obvious mistake in the proceedings, either in matter of fact or matter of law, the Court will set aside the award.
barred from filing exceptions by the terms "final and conclusive;" the Chief Justice declaring it to be "unne- cessary to decide whether a party shall be permitted to except after a plain and clear agreement not to file exceptions," and Brackenridge Justice adding that "if the defendant had agreed not to file exceptions he would have been bound," and that "it is a question of intention."
So far had the Judges of the Supreme Court gone, when the present parties made a submission under the Act of 1705, stipulating that the award should be "final and conclusive, and subject neither to appeal, excep- tion or stay of execution." The language used amounts I think to a clear agreement not to file exceptions, and the question is thus fully presented :- Are the Court bound by such an agreement to dismiss every excep- tion? and if not, then will they give any, and if any, what 'effect to the agreement.
The dictum of Judge Brackenridge was not called for by the case, and was probably qualified in his own mind by the character of the exceptions before him ;- and certainly, if construed without any qualification, would not have concluded him, had the question been directly presented for adjudication in a subsequent cause. And when Chief Justice Tilghman and Judge Yeates both expressly waive a decision of it as unneces- sary in that case, the question must now be regarded as an entirely open one.
It is proper then to recur to the language of the act. " In all cases where the plaintiff and defendant having accounts to produce one against another, shall by themselves, or attornies, or agents, consent to a rule of Court for referring the adjustment thereof to certain persons mutually chosen by them in open Court, the award or report of such referees being made according to the submission of the parties, and approved of by the Court, and ontered upon the record or roll, shall have the same effect, and shall be deemed and taken to be as available in law as a verdict given by twelve men; and the party to whom any sum or sums of money are thereby awarded to be paid, shall have judgment or a scire facias for the recovery thereof as the case may re- quire, and as is herein before directed concerning sums found and settled by jury."
A liberal and repeatedly recognized construction of the Act has extended its benefits beyond the cases spe- cifically mentioned, and as a general rule it may be as- serted, and that every cause of action is now deemed to be within its scope.
It is to be observed that this law is peculiar to Penn- sylvania Hence the learning of the English books does not directly apply to the present enquiry. The effect of an award under the act is different from that of an award of common law, either where, in case no suit had been entered, an action lies on the report or on the submission, or where, in the instance of a suit insti- tuted, obedience to the award made under a submission by rule of Court, may be enforced by attachment; and it differs also from the effect of an award under the statute of 9 and 10, William 3d, by which a submission in cases not in Court might, by being properly filed of record, be placed on the same footing as if there had previously been a cause depending. The distinguish- ing feature of our act is that it confers upon the award the character of the verdict of a jury, upon a condition precedent, to wit, that the award be first approved of by the Court.
This approbation is far from being a matter of course. In many instances, the duty of the Judges can be dis- charged only upon a conscientious view of the law and justice of the case. Can an authority thus imposed upon the Court be absolutely taken away by parties who appeal to a law which confers on them its advan- tages only upon condition that this very authority shall exist and be exerted?
In the case however of Messina vs. Hertzog, 5 Binn. 397, the submission was not merely in terms under the Act of 1705, but there was an additional agreement that the award should be final and conclusive. The Can the parties claim the benefit of this proceeding, Court decided after argument, that neither party was | and yet renounce the very condition upon which that
380
TREASURER'S REPORT ON THE SUBJECT OF FINANCE.
[DECEMBER
benefit is to be obtained? As a question of imperative obligation on the Court, I have no doubt whatever in relation to it. A party acting under this law must re- cognize its injunctions, and when he demands the pro- cess of the Court to enforce a judgment under it, he must submit to the preliminary requisition without which the act expressly says the judgment shall not be entered. Parties, it is true, may waive many legal rights: but they cannot exact a surrender of jurisdic- tion on the part of the Court, nor compel Judges to ac- cept a release from a responsibility which the law of the land imposes upon them for public purposes. The approval by the Court is not placed at the option of eith- er or both of the parties. The requisition of the law looks to the general purity of the administration of justice, and is plainly designed, if that object demands it, to control the parties.
So far I have viewed the question in the aspect of the alleged positive and controlling character of the agreement in regard to the Court. It remains to be considered whether, while the Court deny its force as stripping them absolutely of their power, the agreement may not yet have an important influence upon their judgment on the point of confirming or setting aside the report.
The words " final and conclusive," in an agree- ment, it has been shown, present no bar to the filing of exceptions.
When however the parties superadd the words "and neither subject to appeal, exception or stay of execu- tion," they certainly intend something more than a mere submission under the act of 1705; and considering the propriety of holding parties to mutual agreements when not prohibited by law, and the interest of the public not merely ut sit finis litium, but that there should be as little litigation as conveniently may be brought be- fore the Courts, I believe it to be our duty to give as much effect to such agreements of references as the act of assembly will possibly allow.
It may not perhaps be practicable to lay down a rule to meet every difficulty that may present itself, but I would say generally, that the Court should look in such cases rigorously to the character of the reasons for set- ting aside reports. The parties having selected their tribunal, and clothed it with all the power which the law will permit them to confer, should be held strictly to their contract of reference in every instance in which all has been fairly and honestly done according to the true spirit of the agreement. Some illustrations may be given. Fraud practised by either party on the re- ferees, or corruption or misbehaviour in the referees themselves, would vitiate every transaction, and the agreement of the parties could not have been intended to require the Court to sanction such conduct. Again effect is to be given to awards only, says the act of 1705, when they are made according to the submission of the parties. If then the referees upon a submission of one matter report upon a totally distinct matter, showing a plain deviation from the original intention of the parties, neither party shall be permitted to avail himself of an advantage which never could have been honestly contemplated.
Each case in short must be resolved into a question of intention. All matters intended to be submitted to the referees shall be concluded by their fair decision upon them. Whatever might be the opinion of the Court upon the same subject, yet where there has been no vi- olation ofthe spirit of the contract, where the matters in- tended to be decided have been decided in good faith, no interference with the award will be permitted.
After the delivery of the above opinion, the Court proceeded to an examination of the exceptions filed and upon the ground that they were not embraced in the views which had been exhibited, dismissed them and confirmed the report .- National Gazette.
REPORT ON THE SUBJECT OF FINANCE.
To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania.
Gentlemen:
In conformity to the requisition of an act of Assem- bly, requiring the State Treasurer to make an annual report on the subject of finance, passed the 16th day of March, 1832, the following report is respectfully submitted:
In preparing this report, the State Treasurer has considered, that the intention of the law under which it is made, would be best complied with, by confining it to those subjects connected with the condition of the Treasury and finances of the State, necessary to support the faith and credit of the Commonwealth; respectfully referring the Legislature, for detailed exhibits of the public finances, to the reports of the Auditor General, the Commissioners of the Internal Improvement Fund, and the printed report of the State Treasurer, which by law are required to be made to the Legislature.
1. Of the Public Debt.
Loans not pertaining to canals and rail roads, $1,840,000 00
Debts due by appropriations to turn- pikes, bridges, and Eastern and Western Penitentiaries, 362,783 00
Union canal stock, per act of 1833, 200,000 00
Eastern Penitentiary, per do. 120,000 00
Loans pertaining to canal and rail road purposes, 17,775,648 88
Making an aggregate of
$20,298,431 88
2. Of the Public Property of the Commonwealth, viz.
Bank stock, 2,108,700 00
Turnpike stock, 2,081,592 43
Canal stock, 350,000 00
Bridge stock, 431,800 00
Schuylkill and Codorus Navigation Companies, 60,000 00
$5,032,092 43
To which may be added the amount due on unpa- tented lands, variously estimated at from one to two millions of dollars; and in estimating the public proper- ty of the Commonwealth, it would be right and proper to give her credit for the value of the public works, which may be safely estimated at their cost, viz. $17,- 775,648 88.
In this view of the subject, leaving out of sight the amount due for patenting lands, it would appear that the State is indebted to the amount of $20,298,431 88, and possesses property to the amount, viz.
Miscellaneous stocks, $5,032,092 43-the public works, canals, rail roads and bridges connected with the same, $17,775,618 88; making an aggregate amount of public property of $22,807,741 31.
3. Of the Public Revenue and Expenditures of the fiscal year, 1833.
The receipts into the State Treasury during the fiscal year, ending 31st October, 1833, were viz.
Balance of loan, per act of 30th March, 1832, for canal and rail road purposes, $598,680 00
Temporary loan for same purposes, per act of 27th March, 1833, 100,000 00
Part of permanent loan, per act of 16th February 1833, for ditto, 1,311,307 00
Permanent loan, per act of 27th March, 1833, for same purposes -
530,000 00
Premiums on said loans, 335,651 72
1833.]
Ordinary and miscellaneous revenue, 1,171,411 90
$4,047,050 62
To which add balance in the Trea-
sury, 1st November, 1832,
117,167 16
Making an aggregate of
$4,164,217 78
4. Total disbursements of the financial year 1833.
Balance of loan, per act of 30th March, 1832, for canal and rail purposes,
598,680 00
Temporary loan, per act of 27th March, 1833, for do.
100,000 00
Part of loan per act of 16th February 1833, do.
1,311,307 00 530,000 00
Loan per act of 27th March, 1833,do. To pay interest on debt, for canals and rail roads, and to pay collect- ors and lock-keepers,
755,444 01
Ordinary expenses of Government, including appropriations to speci- fic objects-(See statement A.)
501,363 47
3,796,794 48
Balance in the Treasury, 1st Novem- ber, 1833,
367,423 30
5. Estimates of receipts and expenditures, at the State Treasury, during the financial year ending 31st of Oc- tober, 1834, exclusive of future loans, premiums on future loans, and appropriations which may be made to miscellaneous objects .- ( See statement B.)
RECEIPTS, VIZ.
Balance of loan per act of 16th Feb- ruary, 1833, for canal and rail road purposes,
$1,229,354 44 166,085 78
Premiums on same, Canal tolls, 500,000 00
Ordinary and miscellaneous revenues, 892,320 00
To which add balance in the Treasu- ry, 1st November, 1833, 367,423 30
Total amount of receipts,
$3,155,183 52
6. Estimated expenditures for the financial year, ending 31st October, 1834, viz.
Balance of loan, per act of 16th February, 1833, for canal and rail road pur- poses, 1,229,354 44
Interest on loans for canal and rail road purposes, and to pay lock-keepers and toll collectors, 951 700 00
Penitentiaries, and other miscellane- ous objects, -- (See statement C.) 175,857 06
For ordinary expenses of Government, 385,605 00
To pay part of the stock loan of 1824, which is redeemable 1st May, 1834, 580,000 00
3,122 516 50
. Balance in the Treasury, on the 1st November, 1834,
$32,667 02
A tabular statement, (marked C,) is appended to this report, exhibiting the appropriations and balances of appropriations by former acts, and estimates of the pro- bable amount of those appropriations, which will be required during the current fiscal year.
Estimates of the probable condition of the Treasury, on the 1st February and August next, the periods fixed for the payment of interest on the public debt, will be found in the report of the Commissioners of the Inter- nal Improvement Fund, and is consequently considered nnnecessary to be introduced into this report.
The results of the foregoing statements and estimates exhibit the financial condition of the Commonwealth, in a flourishing and creditable state, and is calculated to inspire confidence in the present healthful condition, and future prosperity of the State.
The receipts into the Treasury, during the past finan- cial year, have enabled the Government to meet the demands on it, for all ordinary expenditures-to pay large portions of appropriations to miscellaneous ob- jects, as they were called for-to refund to the Canal Treasury $135,896 16 taken to meet the deficiency of interest on the public debt, the 1st August, 1832: and to pay the interest on all the loans borrowed, for the purpose of internal improvement, leaving a balance in the Treasury, at the end of the fiscal year, of $367,- 423 30.
If, as is confidently believed the estimates of receipts into the Treasury for the current fiscal year, shall prove correct, and the amount of revenue thus estimated, be realized, the Government will be enabled to meet all the demands on it for ordinary expenditures-to pay the estimated amount of appropriations to miscellane- ous objects, now authorized which will be probably re- quired-to pay the interest, as it falls due on the whole amount of the public debt, and to pay $380,000 of the stock loan of 1824, redeemable on the 1st May, 1834, thus reducing so much of the public debt, and leave in the Treasury, on the 1st November, 1834, a balance of $32,667 02 exclusive of premiums which may be re- ceived for future loans.
The annual estimates of the receipts into the Treasu - ry, from the ordinary sources of revenue, are made by a careful comparison with those of previous years, and varied by such information, as the State Treasurer is able to collect, of all matters having a bearing on the probable amounts to be derived, from the various items of which the estimates are composed.
It frequently happens, that a deficiency occurs in some of the items, but in others there is a correspond- ent increase, so that in the aggregate, the amount of revenue received, most generally corresponds with the estimates.
It is difficult to form an estimate of the amount to be derived from the receipts for patenting lands, which lately have been more .fluctuating, than most of the other sources of revenue. They were during the last year much below the receipts of previous years, and the advance in the estimate of the present year, is predicat- ed on the fact, that the law extending the time for bring- ing suits, expires in April next; a circumstance which it is believed, will increase the payment from this source into the Treasury the current fiscal year.
The advance in the estimate of receipts from the tax on bank dividends, is founded on the fact, that several new banks which have not heretofore paid any thing on account of this tax, will make their dividends this year, on which this tax is assessed.
There is a small advance on the estimates of the re- ceipts derived from tavern licenses and shop tax, from the circumstance, that the usual amount of revenue derived from these sources, was not paid into the Trea- sury within the last financial year, which will be brought into the revenues of the present year.
There are balances of the revenues, derived from the tax on county rates and levies, and on personal proper- ty, of the assessments of 1832, and a considerable por- tion of the assessments of 1833, together with the tax on unseated lands, (but little of which, if any, has come into the Treasury, ) which will be received during the year 1834, all which, together with what will be re- ceived from the assessments of 1834, justifies, it is be- lieved, the opinion. that the estimates of these sources of revenue will be rather increased than diminished.
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