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case may be) upon the shares of the capital stock of (here insert the name of the corporation) standing in the name of (here insert the name of defendant or defendants). Witness
president (or judge of the said court, as the case may be) at
in the year
And it shall be the duty of the said sheriff to serve a copy of the said execution upon the person or persons named in the said writ, who may be indebted to the defendant or defendants in the said action as aforesaid, or upon the president or chief officer of any incorporated company, in which the said defendant or defendants may hold 'shares of capital stock as aforesaid ;* and the service of the said writ of execution shall amount in law to a transfer of the said debts or shares of capital stock, and the plaintiff or plaintiffs in said action, may sue for the said debt or debts or shares of capital stock, in his, her, or their own name or names, and shall have the same and every remedy for the recov. ery thereof, which the defendant or defendants in the action wherein judgment shall have been so rendered, might, or could have had, and shall acquire the same and no other rights than the said defendant or defendants possessed ; nor shall the rights of any other person or persons to whom any debt or shares of stock shall have been assigned, endorsed, or transferred without fraud or notice of the issuing such execution, be affected thereby,
The first amendment here recommended by your committee, is the increase of the number of judges of the supreme court. This measure appears to be imperiously demanded. The duties assigned to these judges, by the constitution and laws, are of the highest importance. They are the judges in the last resort, and must settle every controverted question. As that court is now organized, it may frequently happen, if the court should be divided, that the opinion of a single judge, and from which there is no appeal, must settle questions of utmost importance; and in case of sickness, or unavoidable absence of one of the judges, if the court should be divided, either no judgment can be given at all, or as the rule
appears to be erroneous judgments are affirmed of course. In either case it is a mischief deserving of a remedy. Suitors are not satisfied with justice thus administered. On the other hand, the concurring opinions of three or more learned judges will not only give stability to the law, but confidence to public opinion.
Your committee have also viewed, with considerable interest and feeling, the situation of the city and county of Philadelphia. In a great commercial capital, rapidly increasing in extent and population, where controversies unavoidably and daily arise, a single court would certainly be inadequate to the public want. Hence it has been found necessary to establish in the city and county of Philadelphia an additional court, called the district court. The act establishing that court will expire in the next
year, by its own limitation. It is deemed expedient that this court s shall be continued. At present it consists of four judges. It is
contemplated to reduce them to three. As it is understood triat the commissions of the judges are limited to the period of the legal existence of the court, the court must be filled by new appointments, which can be left only to the discretion of the Governor. And as it is now well known that this court is incompetent to do the business, it is proposed te restore the jurisdiction of the common pleas, so that the two courts will have concurrent jurisdiction in all civil matters. If this system shall be adopted, and it shall be found, by experience, that these courts, directed by able judges, shall be competent to the public business, the courts of nisi prius can be taken away, and more time allowed to the judges of the supreme court for their arduous duties. At present it is considered to be injurious to make any alteration in this respect.
The alteration recommended in the courts of common pleas is radical. The committee consider it to be their duty to report such changes as in their opinion would effectually ensure the due and impartial administration of justice. The state will judge whether, or not, they will consist with its interest. It is well known that this plan was originally reported to the convention which formed the present constitution, more than twenty-five years ago. It was then deemed inexpedient for obvious reasons; bat provision was made for amendments, when the resources of the state, and an increasing population should require it. Since that period our resources and population have immensely increased ; and what then was experimentally adopted, has, in the public opinion (your committee believe) ceased to be useful or efficient." Objections may perhaps be anticipated; yet it is reasonable to presume that the patriotism and integrity of the present associate judges will induce them, chearfully, to relinquish a station, for which they cannot but feel themselves incompetent. The importance and necessity of the measure have, however, outweighed every objection with the committee, who have had the honor and dignity of the state immediately in view; and who can never consider it either wise or expedient to starve the judiciary by mistaken principles of economy, or by legislative jealousy to impair the administration of the laws, by refusing to fill the courts with judges who understand them.
It is also well known, that in the plan originally reported to the convention, a court of chancery was contemplated. It did not however appear to be congenial with the habits or usages of the people. But in lieu of it, it was declared “ that the legislature SHALL vest in the said courts (of common pleas) such powers to grant relief in equity, as shall be found necessary.” This solemn injunction has not hitherto been obeyed; and the administration of justice is deplorably defective in the want of necessary power, The protection of trust estates, in every shape, compelling the settlement of accounts, and the specific execution of contracts, are indispensable powers, which are enjoyed by all the states around us, through the medium of their courts of chancery. Your committee have therefore thought proper to bring into view a plan for remedying those glaring defects, and to vest in the courts these
essential powers, in conformity with the spirit and intention of the constitution.
They have also ventured to recommend one or more necessary provision. It often happens that debtors, who have no tangible property at present liable to execution, are yet considerable stockholders in banks, and other incorporated companies. If they will not honorably pay their debts, it is just that their creditors should be enabled to have recourse to these funds.
But as the session is about to close, it whould certainly be too late to report any bill; and if not too late, it is more prudent that our constituents should have time maturely to consider and deliberate on a subject so interesting and important, and to instruct their future representatives accordingly. Your committee there. fore offer the following resolution :
Resolved, That the subject be recommended to the early atten tion of the next legislature.
On motion, Said report was again read, and the resolution thereto attached, considered and adopted.
On motion of Mr. I. Weaver and Mr. M'Farland,
The following resolution was twice read, considered and adopta ed, to wit.
Resolved, That 1000 copies of the foregoing report be immediately printed for the use of the state, and three copies thereof transmitted by mail to the commissioners of the counties through the state respectively, by the Secretary of the commonwealth, as şoon as may be after the rising of the legislature.
Mr. M'Sherry, from the committee appointed for that purpose made report in part, which was read as follows, to wit.
That in conjunction with a similar committee from the House of Reprosentatives, they have compared and on the 12th instant presented to the Governor for his approbation, the bills entitled as follows,
6 An act to authorize the Governor to incorporate a company to erect a bridge over the river Juniata at the borough of Häntingdon.'
An act to authorize the removal of the prisoners confined in the jail or debtors' apartment in the city of Philadelphia to the new prison, and for other purposes.'
• An act vesting the title of a certain piece of land in Bethel township, and county of Bedford, in certain trustees and their successors, for the use of the Baptist congregation in said township. . An additional supplement to an act entitled,
An act to incorporate a company for making an artificial road from Harrisburg, through Lewistown and Huntingdon to Pittsburg.'
• An act authorizing the Secretary of the Land Office to issue a patent to Amos Judson, for an in-lot in the town of Waterford in Erie county."
An act to incorporate the Greensburg Manufacturing company in Greene county.'
• An act to authorize the surveyor of the township of the Nor. thern Liberties in the county of Philadelphia, to re-survey, lay out and regulate Slesman's alley in the incorporated district of the Northern Liberties.'
"An act to incorporate the town of Strasburg, in the county of Lancaster.'
6 An act to enable Edward Duffield and Joseph K. Swift, exe-
An act appropriating money to improve the road across
Resolution authorizing the Surveyor General to renew the seal
Ordered, That the clerk inform the House of Representatives
A supplement to an act, entitled, an act establishing a
The first amendment was considered and concurred in.
On the question,
The yeas and nays were required by Mr. Murray and Mr. Gra.
So it was determined in the negative.
Ordered, That the clerk inform the House of Representatives accordingly.
The clerk of the House of Representatives being introduced, presented for concurrence, the bills, entitled as follow, viz.
• An act making appropriation to defray certain expences of government therein mentioned.'
• An act establishing certain election districts.' He returned the bills entitled as follow, viza
"An act authorizing the trustees of the Methodist Episcopal church in the borough of Chambersburg to sell a certain lot of ground?
6 An act to authorize the Governor to appoint commissioners to lay out a road from the west end of Brighton bridge to the state line in a direction to Poland, in the state of Ohio.'
An act authorizing Joseph Budd and Joshua Budd to build a toll bridge across the Youghiogeny river in Westmoreland county?
6 An act to authorize the Governor to incorporate a company for erecting a parmanent bridge over the river Delaware at Stockport in Wayne county.'
6 An act providing for the redemption of a certain certificate. 6 A supplement to the act for the relief of insolvent debtors.'
And informed, That the House of Representatives have passed said bills, the two first without and the four last with amendments, in which the concurrence of Senate is requested.
He informed, That the House of Representatives have concurred in the amendments by Senate, to the bills entitled as follow, viz.
6 A supplement to the act, entitled, an act to authorize James Barton and George Biddis, their heirs and assigns, to convey water from a spring or stream of water called the Vandine Kill, into the town of Milford in the county of Pike.'
* An act to review part of the state road from the mouth of Beaver creek, to the top of the hill north-west of Greersburg.'
An act for the relief Benjamin Jennings, an old revolution
He further informed, That the House of Representatives have concurred in the amendments by Senate, to the bill, entitled
• A supplement to the act, entitled, an act for the prevention of vice and immorality, and of unlawful gaming, and to restrain disorderly sports and dissipation, passed the 22d day of April 1794.'
With one amendment thereto, in which the concurrence of Se: nate is requested.
He further informed, That the House of Representatives have concurred in the