COMMON COUNCIL.-Mr. BAKER presented the annexed petition from Mr. J. Humphreys McIlvain, which was referred to the Paving Committee, with power to act. To the Select and Common Councils. "That owing to the recent regulation of Filbert and Schuylkill Seventh streets causing an elevation in said streets of from two to three feet above the level of his lot, thereby rendered it, which before was completely dry, subject to continual inundations, and unless some remedy be devised to his great detriment and loss, and as such a remedy unattended with the least injury to public property and so highly advantageous to your petitioner, may be obtained by directing the passage of the water from one corner of the lot by means of a trunk (or in any manner Councils may direct) into the common sewer, your petitioner would therefore respectfully solicit of Councils the privilege of laying said trunk, subject at any time to their removal." [DECEMBER Resolved by the Select and Common Councils, That profession, but to the no less serious injury of the yeothe Mayor be and he is hereby authorized to draw his men of the country, who are actually prevented from warrant on the City Treasurer, for one hundred dollars holding or possessing a stall in the shambles. Morein favor of the Treasurer of the Franklin Institute of the over, does it comport with the nature of our laws and State of Pennsylvania, to be paid to said Franklin fu- institutions! to grant a privilege to one class of society, stitute, when they shall have awarded & premium of who act in non-conformity with laws? and deny the one hundred dollars, and a silver medal for the best con- said privilege to another class or portion of the commustructed lamp for illuminating the st eets of a city.-nity, who are justly, legally, and of right entitled to the The amount of the said order to be charged to appro- same? Is it consistent with the spirit of any laws, with priation No. 21. the administration of impartial justice, to dispossess one set or fraternity of men, of stalls, legally held, legally occupied and tenanted by the occupants? and grant the same stalls to persons who act in direct violation of the ordinances enacted by your Honorable Body? And is it not generally known that these assertions are uncontradicted and substantiated facts? A recurrence to his Honor's (the Justiciary of the City) Record will confirm what is here exposed. And it certainly cannot be an unknown fact, that the respectable portion of Victuallers, (viz. Boreaff, Drum, Shuster, Miller, Ninesteet, Woelpper, Hamel and others) who are Graziers, and who feed and fatten poor stock, some of them to the number of 150 head, and others more or less, have actually been driven and ejected from the said stalls, and portion of market appropriated to the use of those who sell the produce of their farms; and the said stalls, as heretofore noticed, granted to such persons, as have not sufficient ground to fatten nor feed the most diminutive of animals-Who, here remark, continue slaughtering the whole continued year, when a Grazier can feed his stock but six or seven months; and where, during the remnant of the year is this stock obtained? It is easily answered and no less easily proved. It is of this, that we so heavily and justly complain—that these "Shinners" should be permitted to occupy the best and most valuable stalls in the market, and we utterly denied the same privileges, notwithstanding our paramount, just and legal claims. All that we ever have, and all that we do now ask and solicit from your Honorable Body, is to place us upon the same footing as those against whom we complain. To enact a law, that will not permit or tolerate others to violate it with impunity. It cannot be presumed that, if, these "Shinners" are permitted to pursue their present career, without a vestige of the law to support them-that we will remain spectators, unmoved, and fail to exercise in common, with others, those privileges, that we desire to partake of. It may not by your Honorable Body, be thought improper, to apprise you of a practice of which you must be ignorant, to wit: that private persons as well as many others, who in appearance, though not in reality, are Farmers, rent Stalls, and then underlet and parcel them out to individuals, thereby speculating upon the same. This is a notorious fact, and loudly calls for your aid and intercession to arrest a practice that is striking at every thing just and legal. 11 mo. 17th, 1831. J. HUMPHREYS MCILVAIN. Mr. OKIE presented the annexed petition from the To the Honorable the Select and Common Councils of the Gentlemen,-It is not with feelings of reluctance, that we again petition your body, upon a matter, not unfrequently heretofore, affording us material for memorializing-But, it is, with the most sincere feelings of sorrow and regret, that we find, yet remaining in our possession, such undeniable grounds for addressing your Honorable Body, either for a redress of grievances yet existing, or for an extension of privileges to us, enjoyed by others less entitled to and unjustly due them. You cannot otherwise than be aware, that we have ever held up the principle that sanctions, and the law that decrees, the impartial administration of rights and privileges. It has ever been to this point which we have directed our attention, and it ever has been our unfortunate lot heretofore, to be unsuccessful and unavailing in all our petitions or applications made, or presented to your Honorable Body. We shall in conformity with the position assumed, confine ourselves exclusively to the notice of the violation of the existing ordinances regulating the markets. The first of which, standing most prominently in importance, is that requiring all who occupy stalls in the western moieties of the shambles, to vend the produce of their farms, and the literal construction and version of the said law is, that the stalls shall be rented to such perSons and to none others! and could any law be more emphatic or explicit? Your Honorable Body has frequently heretofore been informed, that not an individual who occupies the stalls aforesaid, that among the many of these assumed and cloaked practitioners is there one, who is a real farmer, literally and legally complying with the law aforesaid. No! these are what the law so correctly and appropriately styles Shinners; unjustly pursuing a profession to which they have no right, otherwise than as we practise it ourselves. And yet these persons are permitted to retain these stalls appropriated and designed for the exclusive use and be hoof of farmers, not only to the serious injury of our We, your humble petitioners, do most sincerely hope, and earnestly solicit, that you will take the matter into your most serious consideration, and we will ever pray, &c. We, the undersigned, are Victuallers, occupying Stalls in various sections of the Markets of the City. Mr. OKIE presented the following remonstrance which was referred to the committee on Markets, To the Select and Common Councils of the City of Philadelphia. The memorial of the undersigned respectfully shew eth, That they are shoe-makers, by occupation, and depend, for the maintenance of themselves and their respective families entirely upon their industry in making, and their opportunities of selling shoes,-that they are humble and poor men, unable to pay high rents for houses or stores, and earning a scanty subsistence by retailing the work of their own hands,—and that they have, for some time back, occupied and do still occupy the northern and outer side of the stalls in Fourth street 1831.] LITTLE SCHUYLKILL RAIL ROAD. market, conformably to an arrangement made by Ordinance, for the purpose of vending their commodity. Your memorialists believe themselves to be as much entitled to the fostering protection and care of your honorable bodies, as the wholesale and comparatively wealthy shoe-dealers by whom an application has been made for their removal from the stalls they now occupy. It is only by greater habits of personal and domestic economy, and by unremitting manual labor, that they are able to enter into any competition whatever, in the sale of shoes, with these their most affluent and fortunate fellow-citizens. Your memorialists, therefore, respectfully pray that the application of the said shoe-dealers may not be granted, but that the undersigned may be permitted to carry on their small, though, to them, all-important business as heretofore:-And they will ever, &c. Mr. WAINWRIGHT presented the following petition which was referred to the Committee on Fire Companies. To the Select and Common Councils of the City of The Memorial of the Subscribers, respectfully re- JOHN M. TRUMAN. Philadelphia, Nov. 24th, 1831. A communication was received from Mr. Bozorth, which was referred to the Committee on the revised Ordinances. Mr. BAKER presented the following petition from Mr. Schofield, which was referred to the Paving Committee. November 22d, 1831. To the Select and Common Councils of the City of Philadelphia. Gentlemen-The undersigned proposes to dig out to the regulation, and remove the earth, from Willow st. between South and Pine streets, for the consideration of ten cents per cubic yard, with the privilege of disposing of the earth, &c, that may be necessary to remove; he will give satisfactory security the same shall VIII. 46 361 be complete at the time named by your Committee; Mr. BAKER as Chairman of the Paving Committee, made the following report and resolution, which were adopted by both Councils. The Paving Committee to whom was referred the application of Timothy Caldwell, for digging Schuyl kill Second street, from Locust to George street, and George street from Second to Third street, report, That an arrangement has been made with George Bumm, (under a resolution of Councils passed in Oct.) by the former paving committee for removing the earthout of the principal street applied for, offer the following resolution Resolved, That the Committee be discharged from further consideration of the petition. Mr. SEXTON offered a resolution to appoint a committee to inquire into the expediency of disposing of the Drawbridge lot, which was agreed to. The Councils adjourned to meet again on Thursday next. LITTLE SCHUYLKILL RAIL ROAD. The formal ceremony of opening transportation upon this line of communication, took place on Friday the 18th inst. Two splendid Pleasure Cars, of Baltimore construction, containing about 60 persons, propelled by two horses each, and one of less dimensions and lighter construction, with one horse, and two trucks for burthen, also containing passengers, left Port Clinton at 10 o'clock, with the President, Directors and officers of the Company, their Engineers, and a number of individuals from Philadelphia, Reading, Pottsville, Cattawissa, and other districts of country, on board. With the enlivening music of a set of Kent Bugles, in the hands of good performers, and a flag waiving upon the Car which carried the President and Directors, the procession proceeded over the whole line, a distance of 21 miles, where it arrived a few minutes after one, having been detained about half an hour at the re-lay and other places on the road. On the arrival of the procession, at the mouth of Wabash Run, where the Rail Road branches off to the Coal Mines, their eyes were greeted by the sable display of 15 Cars, heavily laden with a most beautiful specimen of the Tamaqua Coal, from the Company's Mines, over each of which was a white flag, fluttering in the air, affording a pleasant contrast In front of these Cars, arranged in due order, stood a with the "coal black" appearance of all beneath them. company of Miners, amounting in number, probably to with their heads uncovered, and their smeared hands some 40 or 50, in their working habiliments, which and faces, might be supposed somewhat to resemble a troop from the sooty regions of Pluto, who, with stentorian voices, roared three cheers as the procession Cars, and took a view of the Coal, the construction of came opposite. Here a gentleman alighted from the the Coal Trucks, &c. &c. after which the procession proceeded to Mr. Keasby's Hotel, where an excellent Board, around which, as many as could be accommodadinner, got up in good taste, was soon placed on the ted, were soon seated, leaving as many more in the rather unpleasant, but unavoidable predicament of lookers-on. ident of the Board, took the head of the table, and Mr. Dr. ISAAC HEISTER, of Reading, the PresEDWARD R. BIDDLE, of Philadelphia, the Secretary and Treasurer, did the honors of the other extremity. After the cloth was removed, a few appropriate toasts and sentiments were expressed, which were drunk with enthusiastic applause, but which were necessarily restrict ed in number, by the annunciation from the chair, that candidates for a second table were in waiting. All that was done, though well done, seemed to be the spontaneous effusions of the moment; and therefore, 362 LITTLE SCHUYLKILL RAIL ROAD. was the more impressive and imposing. Not having anticipated such a state of things, one of the Editors of this paper, who had the honor to be one of the company, was not provided with the means of taking notesand is, therefore, under the necessity of depending on recollection for the following imperfect sketch of the proceedings, at the first table. We understood that some appropriate toast were drank at the second table, but not having been present, nor been furnished with copies, they are unavoidably omitted, The President of the day being called on for a toast gave The Enterprize we celebrate. Mr. E. R. Biddle, the Vice President, gave- (DICIMBER the more accomplished artist, to fill up and impart life and animation to the picture-the construction of a rail road-the location of a town at each of its extremities, and the mining of Coal, were indeed objects embraced in the original design. Merely, however, to say, that this general plan, with its numerous incidental improve. ments, has been well executed, presents but a faint idea of the ingenuity displayed in maturing its details, and the indefatigable industry with which it has been so far accomplished. From the moment the company was definitely organized, the Treasurer and Secretary, in the capacity of an agent also, entered on his duties; and although these were new and diversified, he discharged them with a tact for business, peculiarly his own, and with a zeal and success no less honorable to himself than satisfactory to the company. As soon as prior engagements permitted, the eminent professional gentleman, whom the company had the good fortune to engage as engineer in chief, joined him at Port Clinton, and no time was lost in locating the main rail road. It was put under contract, to be graded for a double track, on the 7th of July last year; and we now have the satisfaction of beholding how much may be accomplished in the short period of sixteen months, by science and skill combined with art and industry. By their On this toast being given, and drank with pointed satisfaction, Mr. Robinson thanked the company for the honor they were disposed to do him; but said that he could scarcely deem himself entitled to such praise for having succeeded in a case, where such efficient means had been afforded him, in the kind confidence and friendly partiality of his employers. The former had been to him an invaluable lever, and he had found in the latter, the strongest incentive to use the best exertions in their service. He hoped, at least, to be allow-resistless power, "the wilderness has been made to ed to divide any credit which might be ascribed to his smile, and the desert to blossom." Before their march, efforts, with the gentlemen to whose zealous co-opera- the dark and almost impenetrable thickets through tion and efficient support, he was more deeply indebt- which the Tamaqua had wound its course for unnumed. He meant the Treasurer and Secretary of the Com-bered years, have disappeared; and the river himself, in obedience to their united efforts, has abandoned his acpany, Mr. E. R. BIDDLE, customed channel, to make room for the construction of a work which will rank high among the public improvements of the country. He would offer as a toast— On this sentiment being drank, Mr. Biddle, in a few neat and appropriate remarks, returned his thanks to the company, and trusted the day was not distant, when the improvement, by the instrumentality of which they had been assembled around the festive board, at Tamaqua, would be extended to the Susquehanna. He begged leave under the influence of his feeling, to pro puse, "Our Union with Cattawissa and our Cattawissa Friends." Colonel JOSEPH PAXTON, of Cattawissa, returned the thanks of his townsmen for this remembrance of them, and hoped, with the gentleman who had last spoken, that a similar occasion might, ere long, assemble a large portion of the present company, at Cattawissa. Under these circumstances he would offer "PROFESSOR LIST-His exertions to introduce anthracite into the European markets, deserve our thanks." When the sentiment proposed by Dr. Heister had been drank, Mr. ROBINSON rose to say, that he could not resist the temptation of stating to the company a fact, of which some of them, perhaps, were not apprized. Few persons could now be sceptical as to the great facilities and the immense accession to its wealth and power, which its canals and rail roads, were to confer on this favored state. There was a gentleman seated at this table, to whom, more than to any other, his fellow-citizens were indebted, for having very early attracted attention to the last named species of improvement. At a time when nothing which could be referred to as a model existed in our country, and when public attention had "The Little Schuylkill and Susquehanna Rail Road." Mr. THOMAS BIDDLE of Philadelphia, gave"The Projector of the improvements of the Little scarcely been directed to Rail Roads, he had maintainSchuylkill Company-Dr. ISAAC HEISTER, On this toast being cheered by the company, ed, in a most interesting pamphlet embodying many striking facts, in illustration of his argument and views, their superior and extensive application. He would "In tendering my sincere acknowledgments for the add nothing more; for he observed the company had alflattering manner in which my name has been mention-ready anticipated him; but would satisfy himself by naming Mr. WASHINGTON SMITH: The As ed, I have to regret the absence on this joyous occasion, of one who is entitled to a full participation in the compliment with which I have been honored, gentleman to whom I allude, is Professor LIST, whose enterprise and public spirit are well known, and who is now on his homeward voyage from Europe, where he has, at his own expense, spent the last year, for the purpose of introducing the American anthracite. sociated as he was with me, from the commencement, in designing and accomplishing the preliminary arrangements of the Little Schuylkill improvement, I take great pleasure in acknowledging how much the successful result of our labors was indebted to his talents, in-y period had suggested some of the most important ble, that whatever merit may be due the original progenuity and perseverance. I am, however, fully sensijectors of the enterprise, this company is more indebted to the abilities and zeal of other individuals, for its completion. The business of the former, although not unattended with difficulties, was only to sketch the outlines, while it devolyed on the latter, with the skill of Mr. SMITH, in his usual happy manner, returned his thanks to the company. In the course of his remarks, he stated the astonishing fact, which his inquiries, in regard to the Internal Improvements of Pennsylvania, had enabled him to ascertain, that as much as thirtyseven millions of dollars had, since the formation of its constitution, been invested in Internal Improvements, and that there were already not less than sixty-seven Rail Roads, of more or less extent, within its limits. He adverted very happily to the foresight of the late Gov. MIFFLIN, and Dr. WM. SMITH, who at a very ear Northern Lakes, and the Schuylkill. He concluded by improvements of the State, and among others, the plan, not yet completed, of a connexion between the great offering as a sentiment— "The Union of the Great Northern Lakes, and the Schuylkill." Mr. NATHANS, of Philadelphia, after some prefatory 1831.1 UNION CANAL OF PENNSYLVANIA. 363 remarks, in which he adverted very happily to the lib- successful-the supply has been abundant, and the nav eral enterprize of the gentleman who formed the sub-igation has not been suspended for a single hour, on ject of them, gave, as a toast, "THOMAS BIDDLE, of Philadelphia, whose liberality is as extensive as the resources of Schuylkill county." This sentiment was received, by the company, with great applause. When the cheering had ceased, Mr. BIDDLE observed, That, overwhelmed as he was, by the unexpected compliment which had been paid him, he could do little more than tender, in return, his thanks that if there had been any thing in his course to approve, it was ascribable to his having been brought up at the foot-stool of those great men, who had been accustomed to look upon the interests of Pennsylvania, as their own best interests-that it had been early impressed upon him, that prosperity was not to be enjoy. ed alone, and that he who would be prosperous himself, could pursue no more certain rule of action than to unite as far as possible, his own welfare, with the welfare and prosperity of others. He was sure that the joy of the company, on this festive occasion, would not be the less, if there mingled with it a recollection of those patriots now no more, to whom we were indebted for so many blessings; and would propose, as a toast, the memory of a citizen of Pennsylvania, whose forecast of mind, and valuable services had been before adverted to-he meant "THOMAS MIFFLIN, late Governor of Pennsylvania." In the evening, a Ball was held at the Hotel of Mr. GEORGE AUDENRIED, in that elevated and commanding village called East Tamaqua, which owes its existence to the enterprize of Mr. BIRD PATTERSON. A profusion of the good things belonging to such occasions, had been provided. They had for music, a part of Johnson's celebrated band. The only drawback upon the pleasures of the evening, was the absence of ladies from the depots of fashion in the county and neighboring districts, who it was understood were preventedfrom attending, by the inclemency of the afternoon. Finally the whole affair went off extremely well. The Little Schuylkill Rail Road has been fairly and prosperously put in operation within the time, and at an amount not exceeding the original estimate of the Chief Engineer. The work has been executed in superior style; and there is every prospect that the proprietors will realize all the advantages from it, which their most pleasing anticipations have pictured to them. It was contemplated to load a boat, with Tamaqua coal, on Tuesday last-the arrival of which, in the city, we have no doubt will be duly announced by our breth ren. Among other prominent individuals, not mentioned in the foregoing account, we were pleased to recognize our old friend and pioneer in the Susquehanna and Schuylkill connexion, Mr. CHRISTIAN BROBST, whose first excursion upon the Rail Road, we are happy to know, was of much more pleasant termination than that which he experienced on board the "CODORUS."Harrisburg Intelligencer. REPORT OF THE any part of the line from a deficiency of water, notwithstanding that a heavy draft from the summit, became necessary for maintaining the required depth in four short levels near Myerstown, from which a large quantity escaped through the fissures in the limestone rocks under the Canal-the loss of water was such as to induce the Managers to direct the resident Engineer, to make the necessary preparations for planking the parts, which in his opinion required such precaution. He accordingly, purchased and prepared the materials for planking two short levels, and parts of two others, in the whole about two miles in length, which will be completed when the navigation ceases for the win ter. The great reservoir, particularly referred to in the last annual report, has fully answered the purpose for which it was constructed, and the supply of water exceeded all expectations-as it did not at any period of the season, fall below the coping of the dam, except when drawn down for purposes not immediately connected with the navigation. The grading of the rail road, and the basins at Pine Grove are finished, and the rails and rail road iron ready to be laid down-all further operations have been suspended until the period when an increase of the coal trade at Pine Grove, will justify additional expenditures-this may not take place until the private lateral roads shall be completed. The increase of trade on the Canal, is manifested by an increase of tolls, which, for the year ending the 1st November, 1831, amount to $59,137 22 cents, an aug mentation of upwards of 70 per cent. on the tolls of the last year, and more than 150 per cent. on the tolls of 1829, with a corresponding increase of tonnage-furnishing in the opinion of the board, adequate grounds to justify an expectation, that at no distant period, the income of the company will be sufficient to make am ple remuneration to the Stockholders, for their liberal advances of capital, without continuing the extra aid obtained under certain legislative grants. In fact, when it is considered that hitherto, but little advantage has been derived from the state works, and that those works when in full operation, must, from their immense extent, supply the Union Canal with an additional trade of great amount and value, it will be conceded that the result here anticipated, cannot but be realized within a very reasonable period. The burden of several of the boats engaged in the transportation of produce and merchandise on the canal,furnishes additional proof of the capacity of the canal to accommodate the internal trade of the state. The Montezuma carried 1210 bushels of wheat, equal to 30 tons; and the Farmer, 1196 bushels of wheat, equal to 29 tous 18 cwt. together with many others which might be mentioned of like burden. The list of articles transported on the canal, shews that 85,053 bushels of bituminous coal have passed, which is but the commencement of an important trade with the west branch of the Susquehanna. The Managers congratulate the Stockholders, in be ing able to inform them that the work may be considered as complete, (the parts herein before referred to UNION CANAL COMPANY OF PENN- excepted) and that no additional expenditure will be SYLVANIA, TO THE STOCKHOLDERS. It has again become the duty of the Managers of the Union Canal Company, to lay before the Stockholders, the annual report of the business intrusted to their charge. In doing so, they enjoy the satisfaction of informing them that the plans for supplying the summit level with water, carried into effect for the first time during the past season, have thus far proved entirely incurred, until it becomes necessary to erect a more permanent feeder than the one now in use, between the water works and the summit level. For a statement of the financial concerns of the company, the amount of tonnage, and tolls for the past year, the Stockholders are referred to the several statements All of which is most respectfully hereunto annexed. submitted. WILLIAM READ, President. Philadelphia, Nov. 15th, 1831, COURT OF COMMON PLEAS, Oct. 27, 1831. Before Judge KING and a Special Jury. Hans H. M. Byers, as well for himself as the Commissioners and inhabitants of the district of Southark, vs. William Price. This was an action of debt, brought by the plaintiff against the defendant, who was a pawnbroker, in the district of Southwark, to recover the sum of one hundred dollars, averred to have been forfeited by him, in conse. quence of demanding and receiving a higher rate of interest, than is provided and sanctioned by the ordinan ces of the said district, poverty or ignorance of others. It was a mistake to suppose that a pawnbroker was not bound to deliver a certificate of the pledge without its being demanded of him by the owner. It is his duty in every case, besides making the regular entry in his books, to offer a certificate, and if he neglects to do so, he brings himself within the law, and forfeits the sum of fifty dollars. verdict for the plaintiff in this case, might perhaps, prove a salutary lesson to other pawnbrokers, and prevent the perpetration of similar impositions. A The Jury, without hesitation, found for the plaintiff for the penalty of one hundred dollars and costs. Doran for plaintiff. Solomon for defendant. ESCHEAT COSTS. - Many of our readers are interested in this subjecteither as defendants in the suit, witnesses or Jurors. The Courts which were held at Doylestown, during the last summer, necessarily incurred considerable expense, for the fees of the Deputy Escheator, Sheriff, Witnesses and Jurors, It was supposed by many, that the Commonwealth would be liable for all the cost, as the prosecutor in the Case, and being defeated in the action. Mr. Ross, in order to ensure the speedy payment of the various expenses attending the trial, addressed the Auditor General upon the subject, to which he received the following reply. It will be seen the Auditor General is of opinion, that the state is not liable for the cost accrued; but the informer, Reynolds, entered upon the investigation of the matter with a full and distinct knowledge, that he would be answerable for the cost in case of defeat; the Commonwealth being merely the agent through which the suit was conducted. to Auditor General's Office, Nov. 16th, 1831. S DEAR SIR-It has not been the practice in this Office pay costs in escheats, where the escheat has not been It appeared in evidence, that a young woman, whose sustained. This practice has never, that I can discover, character was respectable, in the spring of 1829, pawn- been departed from. It was adopted, no doubt, to proed, on behalf of the plaintiff, certain articles of clothing tect the Commonwealth from paying costs at the disbelonging to him with the defendant, who advanced on cretion of any one who might choose to file information them four dollars, but neglected to deliver to her a cer- of an escheat on frivolous or untenable grounds. It tificate of the pledge. That, six months afterwards, she may be said that this practice is not sustained by the paid to the defendant, on account of the goods, fifty act of 1821, transferring the duties of Escheator Genercents, and, three months after such payment, called up-al to the Auditing Department. In order to arrive at a on the defendant, to get the goods, and inqured what correct decision on that clause of the 3d Section of the was the amount of the principal and interest to redeem act of 1821, which says, that the costs are to be paid them. The defendant replied, "five dollars and fifty out of the State Treasury, it will be necessary to examcents," which she accordingly paid to him; making the ine the former law, on the subject of escheats, and the whole amount of interest which she paid to him, two practice under those laws. The 13th Section of the dollars. She did not, however, obtain all the goods. It act of 1787, which designates the fees to be allowed in further appeared, that by the sixth section of the Ordi- cases of escheat, says nothing of the fund out of which dance for Regulating Licensed Pawnbrokers, passed those fees are to be paid, but here the practice has setthe 26th of December, 1823, the defendant was author- tled the matter. If an escheat was sustained, the Esized to charge for his advance of four dollars, for nine cheator General adjudicated the case, made payment of months, only ninety-nine cents, instead of two dollars. the costs, paid the informant his money, and paid the The clerk of the district proved that the defendant was, residue into the State Tresury; but in no case can I in 1829, a licensed pawnbroker. find that he has drawn on the Treasury to meet a case where the escheat was not sustained. and of course every one bore their own share of loss. After argument of counsel, Judge King remarked to the jury, that if the young woman was to be believed on The whole tenor of the law on escheats, and the her cath, it was too plain a case to admit of doubt. The payment of costs and fees under them appear to be defendant's conduct was unjustifiable; he had charged confined to those cases where the escheat has been susa most exhorbitant interest, and had, therefore, clearly tained; where it has not been sustained, the law is enforfeited the hundred dollars which the ordinance im-tirely silent, the costs have not been paid by the State, posed, and justly too, for such an act. The ordinance allowed him most liberally for the use of his money, and he ought to have been content with it. Pawnbrokers were a description of persons that required to be carefully watched-the poorer classes of society were oftentimes at their mercy-ignorance of the law, or the fear of exposure, frequently prevented individuals from prosecuting them for their impositions, and it was, therefore, but right, for courts of justice to punish them whenever it appeared they had taken advantage of the The act of 1821, takes the old laws and the practice under them, and transfers the duties to the Auditing Department. The whole amount of the money arising from the escheat, is paid into the State Treasury. The Auditor General takes up the matter, judges of the legality of the costs, and if correct pays them by his warrant on the State Treasury; the whole transaction being still predicated on the escheat having been sustained, and the money paid in. The words in the 3d Section |