1829.]

LAW CASE.

LAW CASE..

Rights of a Landlord under a voluntary Assignment.
Catharine Morris,

to rent in arrear anterior to the assignment; the ques tion here presented, being a claim for priority of payment out of the proceeds of chattels which passed under the asssignment and which were then on the demised premises.

The second ground on which the plaintiff supposes this action supportable, arises from the provisions of the act of the 25th of March 1825. The first section of that act declares that if any tenant for life or years of any messuage, &c. upon the demise whereof any rents are, or shall be reserved, shall, before such rent becomes due, fraudulently convey away and carry off, or from such demised premises, his goods or chattles, with intent to defraud the landlord of his remedy by distress,it shall' be lawful for such landlord to consider his rent apportioned up to the time of such conveying away and carrying off, and for him within thirty days next ensuing, to seize the same and proceed to dispose thereof, for the rent so apportioned as is directed by existing laws.

It is agreed that Messrs. Haines & Pim rented a house of the plaintiff in south Second street, at the rate of $240 per annum, payable quarterly. That they entered into possession the 25th June 1827 paid the first quarter's rent & continued two montsh and-days in the second quarter. That on the 17th day of November. A. D. 1827, the said Haines and Pim made an assignment in trust for the benefit of creditors as per assignment, and the defendant let the goods remain in the premises 11 days after the assignment, when the defendants paid the plaintiff $7 64 and gave her the key; and a new tenant entered, and then the goods were sold and removed by The construction of this act and the class of removals the purchasers. The plaintiff applied to Esqr. Ren- to which it applied, was settled by this court, so far at shaw to prevent the removal under the late law, but be- all events as to regulate our decisions under it, in the fore actually instituting any proceedings for that pur-case of Purfel vs. Sands, decided at March term, 1827. pose she went to the defendants, before the sale of the We there held "that it is not every removal, rent being goods, who agreed to pay if the goods were liable un- in arrear or unpaid, that will authorize a landlord under der the act of Assembly, or if they were liable as assign- this act or that to which it is a supplement, to follow and ees, under the circumstances, for the rent due at the distrain his tenant's goods off the premises. To justify time of the sale and removal. The question submitted such a procedure, the removal must be fraudulent. The to the Court is, whether the assignees in trust for the be- nature of fraud and the innumerable shapes it assumes nefit of the creditors of the tenant who took possession render it impracticable to point out precisely what will of the goods of the tenant on the premises, after the amount to a fraudulent removal: but there is no difficulty commencement of the quarter; and after some days, and in saying, that an open and notorious removal in the daybefore the expiration of the quarter, sold them are, un- time, although no notice was given to the landlord, is not der the facts stated, liable for the rent from the com- fraudulent within the meaning of these acts." Grace mencement of the quarter to the time of sale and remo- vs. Shively 12. Serg & Rawle, 281-Hooper vs. Crowval. ley 1d. 218. We do not say now, nor did we say then, that a removal in the day time cannot be fraudulent; because circumstances may exist in such a removal as would clearly indicate it to be fraudulent. But we say in this case, as we did in Purfel vs. Sands, that there were no circumstances disclosed in the case which would justify a distress under the act of March 1825 Any such attempt by the plaintiff would have been wholly illegal and unauthorised.

By the Court: KING, President, (after stating the case) the defendants are supposed to be liable to the demands of the plaintiff, either under the general prin- | ciples of law arising from the circumstances of the case, or by virtue of the provisions of the 1st section of the "supplement" to the laws regulating distresses for rent, passed the 25th day of March, 1825-Pamphlet Laws,

114.

From the manner in which the case is stated, it would seem that the plaintiff is under the impression that she is entitled to a preference over the general creditors of Haines & Pim, out of the proceeds of the goods on the premises at the time of the assignment to the defendants. In this however, in my judgment, she is mistaken. The preference of a landlord under such circumstances arises from his right to distrain the goods assigned: and where that right does not exist,as it clearly did not in this case, the rent not being due and in arrear, or where if the right to distrain does exist, he omits to exercise it, but suffers a bona fide sale and removal by the assignees; he stands in the same position with respect to the proceeds of the sale as any other creditors. This is the rule even in bankruptcy, which being a statutary execution, the preference of the landlord at least for a year's rent, might from analogy have with some plausibility been established. Ex parte Plummer 1. Atkyns 103-Braydyll and Bell 1. Bro. 427, 1. Cook's Bankrupt Law, 173, Section 8th, 5th edition. The assignee under a voluntary assignment stands in the same position with respect to a Landlord as any other bona fide purchaser. He is, or rather his goods are liable for rent in arrear while they remain on the premises; but when no rent is in arrear, or if the goods are bona fide sold and removed from the demised premises, the landlord has no specific lien for his rent on such goods or preferred claim on the avails of them in the hands of the assignees, for distribution according to the trusts of the assignment.

It is to be kept in view that no question is raised in this case, how far assignees under a general assignment who entered into and took possession of a term for years, which passed under the assignment, would be subject

The defendant's promise to pay this rent, being conditional and dependent either on their liability as assignces, from having received the proceeds of goods on the premises when the assignment was made, no rent being in the arrear or on the liability of the goods under all circumstances to be distrained upon; under the provisions of the act of March 1825; and the court being of opinion with them on both points, the judgment must be in their favor. Of course our decision does not interfere with the right of the plaintiffs to a prorato part of the funds in the hands of the defendants with the other creditors of the same grade, or her claim for payment by the defendants for the use of her house for eleven days, which she has actually received; it being made on the general questions submitted in the case. Judgment for the defendants.-U. S. Gazette.

Coal. Many of our newly opened veins are assuming appearances similar to those which characterize Mauch Chunk. They are of various sizes from twenty to thirty feet in thickness, and generally present a less inclination than smaller ones. They are mostly contiguous to Mine Hill and the Broad Mountain. One has been opened by Messrs. Pott and Bannan in the latter range, in which, after descending about twenty-eight feet they encountered a small vein, and digging through that came again to a variegated coal, of the finest quality. Up Mill Creek, (on the portion denominated the 'Lee tract,') another has been opened by Mr. Eyer, to the depth of twenty-eight feet, and the bottom slate has not yet been reached. The same vein is again opened by Messrs. Woodside and Beck on the same tract. pears to decrease in size as it advances West, and it has

It ap

however, she survived the bloody deed to be a mother to a large and respectable offspring, and a blessing to society, to which she has left the bright example of a life of virtue and good works, inseparable from that faith "which works by love and overcomes the world."

been traced to the Flowery Field tract of Ridgway, Cumming, &c. and opened by Wallace, Burr and Co. to the extent of twelve feet. The coal throughout is of a beautiful texture, of a jet color, with a lustre strongly vitreous. Its ignition is easily accomplished, and it burns without cinder to a clear white ashes. Veins have likewise been opened in the Schuylkill Valley which are supposed to be the same as those already The Weather.-It has, for a long time, been very dry, mentioned. On the Broad Mountain also, a vein has been opened to the depth of thirty feet, by Messrs. hot, and dusty. The streams are dried up, the fields Eldridge, Shoemaker and Lippincott, which has pro-ly choked up; and, as a consequence, there is no grindare parched, the grass is burnt and the people are nearduced some specimens of uncommon fine coal. There is also little milk, and

PITTSBURG, SEPT. 9.

From all these appearances, we are more firmly in-ing, and flour is scarce. clined to what has ever been our opinion, that the Le-less churning, and our market is poorly, very poorly, high coal at Mauch Chunk is not en masse, but in reality supplied with butter. Notwithstanding this, we did a vein of extraordinary dimensions, or probably the very well while green corn lasted; but that too has dried up, and people has become rather husky. For nearly eastern termination of all the principal veins in the anthracite range, from whence they radiate to the length five weeks we have been without rain, and during the of eighty miles. The intersection of the coal strata is hottest month, including the dog-days, we have scarcely the same in all, and we think it a reasonable conjecture had a sprinkle.-On Sunday last we had barely enough to lay the dust; and what is most disheartening, we to presume, that after the discovery of these veins, we can with equal facilities, double the quantity of our exhave now a most gloomy prospect of continued fair ports.-Miners' Journal.

The first number of "The Journal of Health" has just made its appearance in this city. The work is to be conducted by an association of physicians," the object of which is stated in the following extract from the prospectus:

weather.

To the Citizens of Pennsylvania.

YOU were fully informed, by several Circular Letters distributed throughout the State about a year since, that "The Pennsyla. Society for the Promotion of Public

Schools" had caused to be instructed a number of com

"Deeply impressed with a belief, that mankind might petent individuals in the knowledge of the Lancasterian be saved a large amount of suffering and and disease, by System, in order to supply the means of education at a suitable knowledge of the natural laws to which the moderate rates, where the population was dense enough human frame is subjected, they propose laying down to establish schools on that plan. It is highly gratifyplain precepts, in easy style and familiar language, foring to the Society that its efforts and purposes have been the regulation of all the physical agents necessary to appreciated, and that in several remote parts of the health, and to point out under what circumstances of Commonwealth education is now imparted through the excess or misapplication they become injurious and instrumentality of the instructors sent from this city. fatal." Encouraged by these gradual and certain proofs of the usefulness of its labours, the Society is induced to adThe Norristown Bridge over the River Schuylkill, dress itself again to your notice, with an offer of its sereight hundred feet in length, exclusive of the abutments, vice to furnish well qualified teachers at reasonable is now so far completed that foot passengers can pass salaries, according to the number and situation of the In a few weeks more we expect it will be pas-inhabitants who may desire schools. sable without any difficulty.-Herald.

over.

The Richmond Compiler contains a notice of an Excavator, or Self-Loading Cart, invented by Mr. W. Beach, of Philadelphia. It is described as loading itself in its progress by means of one of the wheels, which is hollow, taking up forty square feet of earth in one minute. This is carried to any distance as in a common cart; and the load deposited or unloaded in less than half a minute, without trouble, by opening the bottom of the

cart.

The inventor states that one of his carts is now at work on the rail-road, within a mile and a half of the Schuylkill river, near Philadelphia; that it is worked by a man and a boy, and three horses, and removes and embanks in a day twice as much earth as is removed by three common carts and twenty men, who are working at the same place. Thus doing (says Mr. B.) the same work at about one-sixth of the cost it would be in the ordinary mode. The Excavator can be made for nearly the same price as a common three horse cart, and quite as easily kept in order. It seems to be entitled to the notice of enterprising contractors.

Balt. American, Sept. 1.

Died,-At her late residence in Chillisquaque township, on Thursday last, Mrs. Margaret Durham, widow of the late James Durham, aged 74 years. The deceased was among the first settlers of this section of Pennsylvania, and partook largely in the toils and dangers of the Revolution. When the thinly scattered population fled before the Savages, for refuge in the lower Counties, she was overtaken, not far distant from this place, the Tomahawk was thrust into her head, her scalp taken and she left apparently dead.-Happily,

It were scarcely needful to add a sentence on the importance of sowing knowledge broad-cast over the land, or to remind an observing people that virtue and intelligence are the ornament and security of our free institutions. On behalf of the society.

ROBERTS VAUX, President.

A. H. RICHARDS, Secretary. Philadelphia, 9 Mo. (September) 7, 1829. Communications are to be addressed to George M. Stroud, Esq. Corresponding Secretary, Philadelphia,“ stating the number of inhabitants, where the school is to be established, the expenses of living, &c.

The Harrisburg Chronicle of the 14th instant, says"The canal is in navigable order from Middletown to Clark's ferry. Three boats loaded with lumber for the bridge at Clark's ferry, passed up this morning, and 3 boats were at High Spire, on their way to this place, loaded with merchandise."

At the Labyrinth Garden of Mr. Smith, there is an apple tree, full of fruit, and has a fine show of blossoms. Philada. Sept. 15.

They have a cabbage in Lancaster weighing 25 lbs.

Printed every SATURDAY MORNING by WILLIAM F. the PUBLICATION OFFICE, IN FRANKLIN PLACE, second GEDDES, No. 59 Locust Street, Philadelphia; where, and at door back of the Post Office, (back room) subscriptions will be thankfully received. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or when there is an agent. Other subscribsdac_ka_in advance.

THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

EDITED BY SAMUEL HAZARD.

VOL. IV.-NO. 13. PHILADELPHIA, SEPTEMBER 26, 1829. NO. 91.

John Wilkins,
Benjamin Elliott,
Thomas Coulter,
Joseph Powell,
Henry Rhoads,

John Burd,

John Cesna,

Walter Clark, John Kelly, and James Crawford. William Sheed, is appointed door-keeper. On motion, Resolved, That application be made to Gen. Roberdeau, requesting him to issue an order, for permitting John Morris, Esq. and Jacob Garrigues, to return to this city, they being appointed to the office of secretary and assistant clerk to this convention.

where a member may wander from the matter in debate. 7th. That no member speak above twice on the same subject, without obtaining leave from the convention.

8th. That where any debate proves very tedious, and any four members rise and call for the question, the president shall put the same.

9th. That where the president shall enjoin secrecy, it is expected that every member is bound by his honor to observe the same.

10th. That where the house is equally divided, the president shall have the casting vote.

Wednesday, July 17, 1776. Upon motion, Resolved, That the reverend William White be requested to perform divine service to-morrow morning before this convention, that we may joint-vention absent himself without leave. ly offer up our prayers to Almighty God to afford us his divine grace and assistance in the important and arduous task committed to us; and to offer up our praises and thanksgivings for the manifold mercies and the peculiar interposition of his special providence in behalf of these injured, oppressed and insulted united states.

Upon motion, Resolved, That two-thirds of the persons chosen as members of this convention, be a quorum. Upon motion, Resolved, That no member of this con

Colonel Matlack and Mr. Clymer are appointed to wait on the Rev. Mr. White, and furnish him with a copy of the foregoing resolve.

Mr. Matthew Brown, John Flemming, Philip Mursteller, and Robert Whitehill appeared in the house for the first time, took the oaths, and made and signed the profession of faith required.

Thursday, July 18, 1776, A. M. Mr. Morris, the secretary, now attending, it was ordered, upon motion, that he should take the following affirmation, viz:

"I, John Morris, do declare that I do not hold myself bound to bear allegiance to GEORGE the third, king of Great Britain; and that I will steadily and firmly at all times promote the most effectual means, according to the best of my skill and knowledge, to oppose the tyrannical proceedings of the king and parliament of Great Britain against the American colonies, and support a government in this state on the authority of the people; And that, as secretary of this convention, 1 will be faithful, and make fair and just minutes of all their proceedings according to the best of my abilities, and keep all such secrets as shall be directed to be kept by the convention."-Which he did accordingly. Ordered also, That the clerk, when he shall come, shall make a declaration to the like import.

The Rev. Mr. White attending, agreeable to the request of yesterday, and having performed divine service, and being withdrawn, it was

Ordered, on motion, That Mr. Matlack and Mr. Cly. mer wait upon that gentleman with the thanks of the convention for his services.

On motion, That a commitee be appointed to draw up rules and regulations for the government of this convention, in their proceedings.

Ordered, That Mr. Ross, Mr. Matlack, and Mr. Jacobs be a committee for that purpose.

The gentlemen appointed to draw up rules and regulations for the government of this convention in their proceedings, withdrew, and after some time brought in an essay for that purpose, which being read was agreed to, and is as followeth, viz.

1st. That the members when speaking, address themselves to the chair.

2d. That no member interrupta member,when speaking.

3d. That no member use indecent or reflecting language, or wilfully pervert the sense of what another

member has said.

4th. That the members are not to use each other's names, but in their answers, to take notice of their time of speaking, or their situation as to the right or left of the chair, &c.

5th. That no member cross between the chair and a speaking member.

6th. That the president have a right to call to order,

Upon motion, To resume the consideration of the letter from the Virginia delegates, it was agreed to postpone the same for some time, as the members from Westmoreland are not yet arrived.

Upon motion, and after debate, Resolved, That a committee be appointed to make an essay for a declaration of rights for this state.

Resolved also, That the said committee consist of elev en persons, viz. Mr. Biddle, Col. Bull, the Rev. Mr. Vanhorn, Mr. Jacobs, Col. Ross, Col. James Smith, Mr. Hoge, Mr. Morgan, Col. Stroud. Col. Thomas Smith and Mr. Martin.

Mr. Abraham Van Middleswart, Mr. Robert Martin, Mr. John Weitzell, and Mr. John Jacobs appeared in the house for the first time, took the oath or affirmation,and made and signed the profession of faith required.

Friday, July 19, 1776, a. M.

Colonel James Potter, one of the members for Northumberland, appeared in the house for the first time, took the oaths, and made and subscribed the profession of faith required.

Friday, July 19, P. M.

Mr. William Rankin, one of the members for York county, appeared in the house for the first time, took the oaths and made and subscribed the profession of faith.

Monday, July 22, 1776, ▲. m.

The following members for Westmoreland,viz. James Barr, Edward Cook. John Moor, John Carmichael, John M'Clellan, Christopher Lavinger and James Smith, now appeared in the house, took the oaths, and made and subscribed the profession of faith, as did also Hugh Alexander, of Cumberland, at the same time.

On motion, Ordered, that Mr. John Moor be added to the declaration of rights committee; and that the said committee have leave of absence.

Mr. Valentine Eckart appeared in the house for the first time, and took the oath, and made and subscribed the profession of faith.

Tuesday, July 23, 1776.

Mr. Benjamin Bartholomew, and Mr. James Perry, appeared in the house for the first time, and took the oaths, and made and subscribed the profession of faith. Wednesday, July 24, 1776, A. M. Col. Henry Slagle appeared in the house for the first time, and took the oath and made and subscribed the profession of faith.

On motion, Resolved, That the same gentlemen who are on the declaration of rights committee, be appointed to draw up an essay for a frame or system of government for this state.

Wednesday, July 24, 1776, r. M.

On motion, Resolved, That Mr. John Lesher be one of the committee for essaying a frame of government in the room of Mr. Jacob Morgan, who is absent with leave. Thursday, July 25, 1776. Mr. Thomas Porter appeared in the house for the first time, and took the oath and made and subscribed the profession of faith.

It was moved and Resolved, That this convention do agree to the following resolution and declaration, viz. WE, the representatives of the freemen of the state of

CONSTITUTIONS OF PENNSYLVANIA.

Thursday, Aug. 8, 1776. Col. Potter, Mr. Rittenhouse, Mr. Whitehill, and Col. by a very respectable religious society for humiliation A member observing that this was a day appropriated