174

RELIEF OF THE POOR OF SOUTHWARK.

RELIEF OF THE POOR.

DISTRICT OF SOUTHWARK.

The Committee, appointed for the relief of the suffering Poor of the District of Southwark, having just finished their labours after four weeks unceasing attention, consider it a duty which they owe to their fellow citizens, to inform them how they have performed this important trust. Constituting a part of the General Committee of the City and Liberties at their first formation, it was deemed adviseable, and agreed to by this committee, that they should take charge of their own Poor, and administer to them the requisite relief in the The primary object manner they might think best. which engaged their attention was to devise a plan best calculated to promote the end in view. The following one presented itself to be the most eligible, and was therefore adopted:-The District was divided into eight sections, to each of which was appointed a sub-committee, residents in the same, whose duty it was to make pecuniary collections, and also visitations to the poor Each committherein, who were deserving of relief. tee, having a superintendence over their own section, received their proportion of orders for wood, and tickets issued for soup. They were authorized to furnish groceries, and other articles proper for the sick and others, who, in their opinion, might require them. Your Committee met daily at the Commissioners' Hall, to transact the various matters connected with their duties; and a part of them was always assisting at the distribution of bread and soup. This is an outline of the plan, which the committee pronounce to be a good one from the effects resulting from its execution. One of its advantages has been to enable them to discrimi nate between poverty, occasioned by idleness, intempe. rance, and the corrupt habits of vice, and that description of poor, whose wants require only to be known to In our populous cities there is always to secure relief be found a class of poor possessing virtuous principles and industrious habits, who, with great care, industry and frugality, are enabled to lay up a stock for common winters, which they know must come, but when they have to encounter such a winter as we have just experienced, their little stores become exhausted, and being deprived of work, and without the means of allaying hunger or procuring fuel, they suffer without complaint. Impressed with the sentiment implanted in every bosom, before corrupted by vicious conduct, that their bread should be earned by their own labour, they shrink from soliciting charity and making their distress known, believing the communication of such knowledge associates the idea that their poverty was the offspring of misconduct. The habitations of such, and like characters, were sought for and found, and the aid afforded to them was always received with the offering of the virtu ous poor-a thankful heart. Relief, in many cases, was extended to individuals who had witnessed in their own lives, the transitions from a state of competency and comfort to one of poverty and distress. Instances occurred of those who had basked in the sunshine of prosperity, and had administered to the wants of others, and who were now thankful to receive a little charity from the hand of benevolence. In one case, a member of this committee gave an order for a quarter of a cord of wood to a female, who had been brought up in affluence, and into whose lap, in her juvenile days, her father had lavishly thrown monies to dispose of as she pleased. Such vicissitudes in life proceed from various causes, improper indulgencies in youth-improvidence in parents-imprudent marriages; but the predominant cause of poverty and distress could be traced to intemperance. With the pecuniary means placed in the hands of the committee, they trust the following statement will satisfy their fellow citizens, that they have been managed with care, economy and discrimination. From the treasurer's account, below, it will appear that the whole sum received was thirteen hundred and forty three dollars

[MARCH

and 35 cents. Out of this money 156 cords of wood, including wharfage and cartage, were purchased; 18 cords were received from the City Committee; two barrels of flour were daily made up into bread, making the number of loaves issued 11,010; 654 loaves were received from the city, amounting, in the whole, to 11,664 distributed; 4,321 pounds of beef for the soup. The whole number of pints of soup issued was 46,200. Besides groceries and such articles which were furnished by a member of the committee to such poor as required them. The soup establishment was under the superintendence of Mr. William Kelley, a member of the committee, to whom too much praise cannot be given for his gratuitous and laborious services, in keeping this fountain open and its streams running from which about 1600 poor were daily supplied with nourishing food. About 200 gallons of soup were daily issued.

The committee tender their thanks to the Rev. Messrs. Mead, Roach, Ashton, Hoover and Russell, and their congregations for the prompt and liberal contributions received from them, at a moment when their funds were nearly exhausted, and which enabled them to continue their soup operations for several days longer.

The Committee cannot conclude this address without offering their thanks to our estimable fellow citizen Matthew Carey, Esquire, Chairman of the General Committee of Superintendence, for his zealous and uniform attention in promoting the means for alleviating the distresses of the Poor of the District of Southwark. Samuel Paynter, Esq. in account with the Southwark

To

Poor Committee

By cash paid, orders for beef, &c.

:

bread,
wood,
groceries, &c.

$300 00

150 99

132 36

760 00

$1,343 35

343 89 243 18 713 24

43.04

$1,343 35

By order of the Committee,
RICHARD RENSHAW, Chairman.
Attest-WILLIAM L. NORTON, Sec'ry.

PROCEEDINGS OF COUNCILS,

TUESDAY, March 1st. SELECT COUNCIL.-The following communication from Messrs. NIXON and WILLIAMS, and the Commissioners of Spring Garden, were received and were referred to the Committee relative to making a Canal around the Western abutment of the Permanent Bridge:

March 1, 1831.

Dear Sir:-I understand that the City Councils intend this evening, to consider the report of their com mittee in relation to the Canal round the Permanent Bridge. The owners of property and those residing above Market street, are deeply interested in this matter, and believe that much information on the subject may be obtained if their decision is postponed for a week or ten days. Should this delay be granted, the bill before the Senate shall not be brought forward before the day upon which Councils shall fix, for the final disposal of the question.

Very resp'y your ob't servants,
H. NIXON,
H. J. WILLIAMS

-J. M. SCOTT, Esqr.
President Select Council.

SPRING GARDEN, March 1, 1831. To the Select and Common Councils of the City of Philadelphia.

The commissioners of the District of Spring Garden understanding that the Bill from the House of Representatives incorporating a company to cut a canal round the western abutment of the Permanent Bridge, had been referred by Councils, to a committee to examine and make report upon the propriety of its construction, appointed the subscribers, to confer with that commit. tee on this subject. Accident has prevented the meeting of the Committee: and the purpose which the Commissioners had in view has therefore entirely failed. As this is matter of deep interest to the District they represent, the subscribers respectfully request to be allowed to lay before that Committee or some other, their views and wishes in relation to this project before the final determination of Councils, with expressing a firm determination to take no step which will endanger the safety or usefulness of the Permanent Bridge.

JN. L. WOLF,
JOHN M. OGDEN,
JOS. R. BOLTON,
Committee.

The report and resolution made by Mr. DUANE, at the last meeting of Councils, were postponed until the next stated meeting of Councils.

Mr. DUANE offered an ordinance relative to WILLS' LEGACY, which was ordered to be printed.

COMMON COUNCIL.-Mr. JOHNSON presented a petition, praying that Hunter street be paved, which was referred to Paving Committee.

Mr. KNEASS, as Chairman of the Committee of Ac counts, made the following report:

The Committee of Accounts, having examined the various accounts of the City Treasurer, find them correct, and a balance in the Pennsylvania Bank according to the Bank book, of one hundred and sixteen thousand eight hundred and forty one dollars and ninety-three cents, to the 1st of Jan. 1831, and Dr. Franklin's account, a balance in Bank, according to the Bank book, of four hundred and sixty dollars and fifty-one cents; and John Scott's account, a balance in Bank, according to the Bank book, of two hundred and ninety-six dollars and thirty-seven cents, up to the 1st Jan. 1831. All which we most respectfully submit.

Mr. ISRAEL offered the following resolution, which was adopted.

Resolved, by the Select and Common Councils, that the Presidents of the respective bodies be requested to address a letter to the Senators from this City at Harrisburg, informing them that Councils have now under consideration a bill for constructing a canal around the western abutment of the Schuylkill Permanent Bridge, on which they respectfully desire the Senate to suspend any further proceedings, until after the next stated night of meeting of Councils, Thursday the 10th inst.— Phil. Gazette.

178

is a commodious house of worship. This makes the
fifth which has been erected, by the citizens of this
place, within the last two years. The others are of
brick, and in their architecture much taste is displayed.
A brewery went into operation a short time since, from
which our citizens have been supplied with beer, little
if any inferior to that which is manufactured in Pitts-
burgh. Proposals have been issued for the erection of
a Market House. This is a convenience, the want of
which we have much felt; and we are happy to find
that arrangements are making to carry into effect a mea-
sure which will add so much to the comfort of our citi-
zens and the great and increasing number of those who
make this place a market for their produce. It also
gives us pleasure to state that our enterprising and pub-
lic spirited townsman, Maj. Mark Graham, contem-
plates putting shortly in operation a Steam Mill-a de-
sideratum most devoutly to be wished. The agricul
turists, in this section of the country, have, in the dry
seasons, particularly, laboured under a serious inconve-
nience for the want of an establishment of this kind.-
They have been under the necessity, at times, of taking
their grain fifteen and even twenty miles to be ground.
But, in addition to what has been stated, there are oth-
er circumstances which can be mentioned that exhibit
as fully the prosperity of the place and the inducement
which is offered to farmer at a distance. We know not
of a single tenement, at the present time, with the words
"To Let" upon it; and were there more houses, they
would be occupied. Produce is frequently brought to
this market from a distance of between twenty and
thirty miles, and disposed of upon terms advantageous
both to buyer and seller. Facts like those are sure in-
dications of prosperity; and speak volumes in favour of -
the advantages of a place, a development of whose re-
sources is alone sufficient to render her advancement
equal to the anticipations of the most sanguine.-Cone-
maugh Republican.

FINE MUTTON AND BEEF.

Two weeeks ago we noticed the fine show mutton prepared for the 22d February. On that morning it was exhibited at the different stalls at the market house in the Borough, and was all sold, we understand, at liberal prices.

We doubt whether so extensive a lot of fat sheep was ever before exhibited at one time, fatted in one county, in the state of Pennsylvania, and of course, in the Union. The following are the ascertained weights: Seven by Francis Hick- Five by Jesse Mercer.

man,

of Thornbury.
lbs. 1343

133

1144

140

1234

120

105

870

of do.

137

1114

123

93

106

572

BLAIRSVILLE.

The unfavourable predictions of those who were under the impression that the prosperity of Blairsville, (which, Sixteeen by John Bradly Four by Joseph Gheen of since the commencement of the Pennsylvania Canal, has in this State been almost unparalleled,) would, after its completion, cease, we are happy to state, are not likely to be verified. The fact is, from the very nature of things, such a circumstance is impossible. Nature as well as art has done much for the place. They have given her advantages, which, at the present time, are but partially enjoyed, and which must, eventually, place her amongst the most populous marts, in the state. It is true her advancement, in the last, has not been as rapid as that in the two preceding years, yet, nevertheless, her march has been and will continue to be onward. During the past season, several fine brick and frame buildings were erected. Amongst the latter

It will be seen that in the list of Mr. Bradley there are 4 blanks. These were doubtless the heaviest sheep in the flock, but as some doubt existed as to their precise weight, we have not thought it proper to insert them as reported.

The late Marshal of the United States has oblig ingly favoured us with the returns of the Census, of the different Counties in the Eastern District of this State; which we will lay before our readers as rapidly as we can. In the present number we publish the census of Philadelphia County, as being that in which we are more directly interested. It was our intention to have given with it, some comparative views of the increase, &c., but we must defer this till another opportunity.

There is a difference of 25 (less) between the tables in the present number, and the sketch of the Census as published a short time since in the newspapers, and copied from them into our sixth volume, 397 page, owing to the correction of some small errors discovered in making out the returns. High Street Ward was published as 4,446, instead of 4,427; West Southwark 10,385, instead of 10,379; and the total

Our friends at Chester have been feasting on fine fat 188,986, instead of 188,961.
An ox fed by R. Magow en, weighed

THE

REGISTER OF PENNSYLVANIA.

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

VOL. VII.-NO. 12.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, MARCH 19, 1831. NO. 168.

The subjects which we have thought appropriate to this bill have been already mentioned (p. 7.) They occur in the following order:

1. Those provisions which relate to the register as an officer.

2. Those which relate to his jurisdiction.

3. Those which relate to the probate of wills and testaments, and the granting of letters thereon.

4. Those which relate to the granting of administration in its various forms.

5. The subject of the settlement of accounts is next in order, and this is followed by

6. Certain sections enjoining upon the register duties

of a miscellaneous character.

7. Two sections regulating the fees of the register, and providing a mode in which they may be collected, conclude this portion of the bill.

8. The last four sections relate to the constitution, jurisdiction and practice of the Registers' Court.

The new provisions which have been introduced will be best exhibited by a brief examination of the several sections in their order.

We premise however, a remark upon the enacting clause of the bill. The form in use was adopted from a system of legislation essentially different from our own. It is also redundant. We have modified and abridged it. It has been usual to preface each section of an act with a similar clause. We have omitted to do so, supposing it unnecessary.

March, 1791, section 1, (Purdon, 749,) with this alteration however, that the newly appointed officer is required to transmit the bond, and to act without the intervention of the Secretary of the Commonwealth.

Section IV. This portion of the bill concludes with a provision taken from the act of 14th March 1777, section 6, (Purdon, 702,) requiring every register to appoint and keep a deputy. The sureties of the regis ter are made accountable for the conduct of the deputy. This provision is not in express terms contained in the act from which it is taken. In all other respects it is the same.

Section V. and VI. The next subject is the jurisdiction of registers. This, in respect of place, is limited to the respective county of each,in respect of subject,it is made to comprise the probate of wills, the granting of letters testamentary, of administration and of collection and the passing and filing of accounts; and in order to prevent interference, the act of one register in a matter belonging to the jurisdiction of another is declared to be void.

In respect to the granting of letters testamentary, of administration and of collection, the jurisdiction is determined by the place of the decedent's principal or family residence at the time of his decease, if it was within the commonwealth: if he had no residence within this commonwealth,then by the place where the principal part of the goods happen to be. The subject of jurisdiction is closed with a provision, making it in effect necessary in all cases to obtain letters under the authority of this commonwealth, to administer the estate of a decedent which may be found here.

These provisions are new. Some of the reasons upon which they have been adopted are these. The jurisdiction of registers is intimately connected with that of the Orphans' Courts, and both may be said to extend in some form to the aggregate personalty of the commonwealth. Diversity or variety of jurisdiction would produce confusion-embarrass the Orphans' Courts and create inconvenience to those who may have occasion to investigate the course of an administration.

Section 1. The first section provides the official oath and bond of the registers. It is derived from the Constitution of the United States, article 6, section 3-the Constitution of Pennsylvania, article 8-the act of the 14th March, 1777, section 3-the act of 12th March 1791, section 1, and the act of 6th April, 1830, section 9. Nothing in this section requires observation but the sum in which the bond is to be given. The act of 14th March 1777, section 3, provides the security to be giv The practice of recognising foreign letters of adminen by the registers of certain counties therein mention-istration is believed to be almost peculiar to this state. ed. The acts establishing new counties, passed since It originated in the act of 1705. We propose an alterthat time, have usually provided, in general terms, for ation of the law in this respect. In the case of M'Culthe securities to be given by county officers. To these lough vs. Young, (1 Binney, 63; and see 1 Dall. 457) acts, which are numerous, it is unnecessary to refer. the court admit that much inconvenience may arise The act of the 6th April, 1830, requires a separate from this provision of our law, and suggest that it may bond of every register in one third the sum required of be a fit subject for legislative interposition. We have the sheriff of the respective county, with a condition introduced the last of these provisions in consequence extending only to the duties enjoined by that act. The of this suggestion and with entire conviction of its proalteration proposed is, that every register shall, hereaf-priety. ter, give one bond in half the sum required by law of the sheriff of the respective county, with a condition extending to all his duties. The section has been framed accordingly.

Section II. and III. The register is required to cause his bond, after being duly acknowledged by him and his sureties, to be recorded and transmitted to the Secretary of the Comonwealth, and certified copies of the record thereof are (by section 3d,) made evidence in suits brought upon the original bond, according to the form and effect.

These provisions are digested from the act of 12th
VOL. VII.

23

In these sections, letters of collection are mentioned as a subject of the register's jurisdiction. This variety of letters is unknown to our acts of Assembly. The reasons for introducing them will be given hereafter.

SECTION VII. The next subject of the bill is the probate of wills and testaments. The first of this series of sections empowers the register to cite any person hav. ing the possession or control of a testamentary writing, alleged to be the will of a decedent, to produce and deposite it in the office for probate: and it makes it a misdemeanour to conceal or withhold any such writing during the space of fifteen days after a personal notice,

from the register, to produce it: or a ground of action for
damages by the person aggrieved. It is respectfully
suggested that a provision of this sort is expedient, and
that the penalty is not unduly severe.
SECTION VIII and IX. The register is also authorised
to issue citations under penalty, to witnesses residing
within the county or within forty miles of his office,
to appear before him and give testimony, and in case of
their default to compel appearance by attachment; or
he may issue commissions to take the depositions of
witnesses residing in other counties, states or countries,
upon interrogatories filed in this office.

(MARCH

entire question. But where the controversy relates,
as it frequently does, to extrinsic facts, such as the ca-
pacity or incapacity of the supposed testator, the court
is required by the act 13th April, 1791, section 18,
(Purdon 704,) to send at the request of a party an issue
into the Court of Common Pleas, for the trial of the
facts in dispute. As the court can in such case exer-
cise no discretion, the direction of the act 7th June,
1712, seems unnecessary. The section now the sub-
ject of remark, proposes an alteration of the practice in
this particulr. For this purpose it authorises the regis-
ter in all cases where any matter of fact touching the
validity of a testamentary writing shall be alleged as the
ground of a caveat, to send at the request of a party, a
of Common Pleas directing an issue. The form of the
precept is given and the result of the trial is made con-
clusive of the facts established by it. By this method
circuity and some inconvenience and delay will be
avoided. The precept has been framed with a view to
the exigency.It is unnecessary to remark upon itscontents
in detail. The course of the proceeding required by the
precept is left to the practice of the court to which it is
sent. Detail in this particular would have been incon-
sistent with necessary brevity-and also would have in-
troduced matters inappropriate to this title. With this
section the proceedings preliminary to probate con-
clude.

These provisions seem to be merely incidental to the general powers of the register, and are essential to the due execution of the duties of his office. Without in-precept in the name of the commonwealth to the Court quiring however what powers the register may be supposed already to possess, it is obvious that the importance of the interests which must pass his office, require the usual means of protection.

SECTION X. The tenth section is in part new. In order to prevent undue haste in the probate of wills, it provides that no letters testamentary or of administration with a will annexed shall pass the seal of the register's office, till five days after the day of the death of the decedent, be fully expired. A similar provision is introduced, in a subsequent section, in relation to letters of administration in case of intestacy. It is believed that inconveninnce can seldom arise from so short a delay. If however a case should occour requiring im SECTION XIV. This section requires the register to mediate interposition, the exigency may be supplied administer an oath or affirmation to executors, &c. beby the letters of collection hereinafter provided. Ca- fore issuing letters to them. The form of the oath is ses have occured in which this provision would have given. It contains the clause required by the act 7th been found useful. The remainder of this section re- April, 1826, sections 5, enjoining compliance with the lates to nuncupative wills, and is taken with slight alter-law relating to collateral inheritances. A proviso is ations from the act of 1705, section 5, Purdon 801.) The original act provides that process shall issue to call in the widow or next of kindred. This section provides that the process shall issue to call in both.

SECTION XI. The provisions of this section relate to oral testimony of nuncupative wills. It is derived from the act last mentioned, section 4, and contains nothing

new.

SECTION XII. The provisions of this section are new. They relate to the granting of letters testamentary upon wills and testaments already proved in other states or countries and supposed not to be under the control of the executor or party interested. By the law as it now is, letters testamentary and of administration, granted in any of the United States, confer an authority to perform acts of administration in this state. An alteration of the law in this respect has been suggested (section 6.) To facilitate compliance with the proposed alteration this section authorises the production of duly authenticated copies of wills proved abroad in lieu of the original and declares that proceedings thereon may be had, so far as it respects the granting of letters, as upon the originals. The section then prescribes a mode of authentication, which shall be deemed sufficient, in the first instance, to authorise the granting of letters. This clause is framed with some alterations upon the act of Congress passed the 26th May, 1790, 2 Story's laws

102.

SECTION XIII. The preceding sections having provided the means of compelling the production of wills for probate, and the attendance of witnesses; having also supplied certain rules for the direction of registers in matters of evidence, provision is made in this section for the decision of controversies which by existing laws require the intervention of a jury. When opposition is intended to the admission of a testamentary writing to probate, the practice is to lodge with the register what is termed a caveat. The register thereupon convenes, a Register's Court according to the direction of the act 7th June, 1712, (Purdon 703-n.) If the legal sufficiency of the writing or the conclusions of law from admitted facts only, are in controversy, that court is the proper tribunal and competent to the decision of the

added, authorising an alteration of the form in the case of executors, whose testator's domicil, was out of the commonwealth.

SECTION XV. This section requires the register to take bonds from executors who are not inhabitants of the commonwealth in a sum proportionate to the value of the estate to be administered and a subsequent section makes it a breach of his official bond to issue letters testamentary to any such executor without complying with the injunction of this section. It may be ob served that this provision is one of a series or system which have been adverted to, in our remarks upon the sixth section of the bill, and the security here provided was a motive with us for the change there proposed. The act Sd April, 1829, (Pamp. L. L. 122,) authorises proceedings to vacate letters testamentary where the executor has removed from the state or has ceased to have a known residence therein during a certain period. The policy of that act may perhaps be supposed to prohibit the granting of letters testamentary to non-resident executors. We suppose that it may at least justify the provisions of this section. The expediency of going further than is here proposed, at least in the case of tes tators whose residence was out of this state, is doubtful. By the law of nations and the adjudication of our own courts, the law of the domicil regulates the succession to personalty. No infringement of this rule is intended, nor any further interference in the management or disposition of the estate to be administered than the security of the paramount interests of creditors and of the commonwealth require: and in all cases-whether the testator's domicil was within this state or elsewhere; and whether the executors were non-residents at the time of their appointment or became so by removalevery useful purpose may perhaps be secured by pla cing them, in respect of security, on the footing of administrators. By this method also the regard will be had to the testator's views in the appointment of representatives.

SECTION XIV. This section requires the recording of all wills and copies of wills proved abroad and produced in lieu of the originals, and that they shall remain on file in the office of the register unless removed for ju