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But it is now time to say a few words in reference to our own institution for promoting moral and intellectual knowledge; to indicate its present condition and estimate its future prospects.

The Southwark Institute was regularly and efficiently organized in the autumn of the past year, and now includes among its members, a large portion of the youth of this district.

tints brilliant and permanent, so that they shall not be af- came every year more numerous and destructive. The fected by the air,by moisture, or by soap, we are presented King requested the naturalist to inquire into the cause, with a series of chemical operations--which can only be and discover a remedy for this growing evil. Linneaus conducted with certainty and unvaried success by those found that the worm was produced from a small egg, who are acquainted fully with the principles of that im- deposited by a fly or beetle, in cracks upon the sur portant and at the same time beautiful science. The face of the wood, from whence the worm, when hatchtanning and preparation of leather for the various uses ed, began to eat into the substance of the timber. Afto which it is applied, were all involved in mystery and ter some time, again emerging in the form of replete with uncertainty, until by the light derived from a fly of the parent species, it commenced laying its chemical knowledge, they were reduced to well esta-minute eggs upon the surface of the sound timber.-blished principles. The arts of glass making and print- Linneaus knew that the month of May was the only ing, the manufacture of soap, candles, hats, china and season in which these eggs were laid,-hence he directthe various kinds of pottery, the preparation of salt and ed all the green timber to be immersed in the sea, bethe refining of sugar, are all intimately dependent upon fore this month commenced, and to be kept under wachemistry-a knowledge of that science is calculated ter until it had entirely passed. The flies being deto improve, and add to these processes, and create new prived of their appropriate nests, could not increase, ones. To the agriculturist, chemistry furnishes prin- and the species, in a short time, was either entirely deciples and agents of inestimable value. It teaches the stroyed, or forced to migrate to some other country. proper food of plants, the choice and use of manures,- Thus, however contemptible knowledge may appear and the best means for promoting the vigor, growth, and at first sight, its effects are invariably beneficial. productiveness and the preservation of the various vegetable tribes. Chemistry directs likewise the labours of the husbandman. In the dairy, milk cannot be kept fresh and sweet, butter cannot be properly made and cured, nor cheese prepared, without a skill founded wholly upon chemical principles. The culinary arts, for preparing wholesome and nutritious food, and preserving it fresh and palatable for many years, is largely indebted to chemical knowledge. To the domestic The manner in which it aims to attain the great obeconomist, this science abounds with pleasing and use-ject of its founders is, first, By the establishment of a ful lessons. It enables him to make a proper choice of library. Thus placing within the reach of an interestmeats and drinks,—it directs him to those measures with ing class of the community, the main sources from which respect to aliment, clothing, air and temperature, which useful information is to be acquired, and inspiring them have the greatest tendency to promote health, enjoy- with that taste for its acquisition, which nothing but an ment and cheapness of living,-and it sets him upon his acquaintance with the recorded wisdom of ages, could guard against unseen evils, to which they who are ig- so effectually produce. The nucleus of a respectable norant of its laws are continually exposed. There is in library has already been collected; principally from fact no human occupation which it does not enlighten, the donations of different friends to the enterprize. It and upon the perfection of which it has not exerted a is still, however, too limited to satisfy the wants of those powerful and beneficial influence. It enters with the who have access to it, and the liberality of the public is miner into the bowels of the earth, and by its safety appealed to, in order that the library may be establishlamp renders him perfectly secure, from the destructive ed upon that extensive footing which shall most benefit explosions by which previously so many thousands had the community,and confer the greatest amount of credit been destroyed. It aids the laws of the country, by af- upon the district in which our institution is located. A fording the means for the detection and conviction of second means for promoting the objects of the instituthe secret murderer. It has disarmed pestilence of tion is by opening a reading room for the use of its its terrors, and destroyed the seeds of disease before members, and supplying them with the monthly, weekthey have had time to bud, by its disinfecting chlo- ly and daily journals published in our city and elserides. It has indeed conferred benefits where they where.-Those living chroniclers of the times-which were least to be expected. By explaining the origin connect as it were, in one great family the citizens of and causes of certain natural phenomena, it has put to every part of our country-and of the civilized worldflight the whole host of goblins, imps and spirits, that form a stronger bond of union between all sections and formerly inhabited every low ground and waste place, all classes-and more effectually secure the rights and and were supposed to require some potent incantation promote the comfort and well-being of all, than any to prevent their malignant influence upon man and other means at once so simple and so cheap. The combeast. Superstitions and omens, wandering lights, shroud-missioners of the district have kindly granted to the ined ghosts, death tokens and the host of fearful crea- stitute the use of a commodious apartment within this tion that were wont, in days of ignorance, to inhabit the building, and a few of the editors of the daily papers gloom of night, have been completely disarmed of their have liberally supplied the tables with their own and terrors, and now afford amusement to children, when distant journals. A third means for promoting the obformerly they appalled the stoutest heart. jects of our institution is by lectures on scientific subjects. This department is as yet but imperfectly organized. Lectures, have, however, been already delivered by different gentlemen, and a part of a regular course was attempted by one individual, which, so far as the speaker can learn, was well received by the members generally. The great difficulty in this department is to procure a sufficient number of lecturers, so as to keep up the system, and at the same time, not to interfere with the indispensable engagements of any one who may undertake the task, by requiring them to devote individually, more than one evening occasionally. We are well assured that there are gentlemen fully competent to communicate instruction on various scientific subjects, by lectures, who have the will as well as the leisure to promote in this way the grand object we have in view. There are certainly few shapes in which they can em

Sciences, even, which appear the most trifling, and least susceptible of application to useful purposes, are often the means of vast benefit to individuals, communities or nations. Thus, the entomologist, though he may appear merely to be employed in the chase of moths and butterflies, or in the collection of useless insects, has exercised in his country's service the knowledge which he has acquired of the species, habits and properties of the objects of his studies. Thus during the last war, we risked being entirely deprived of blistering flies at a time when we most needed them; the entomologist pointed the apothecary to the potatoe bug, possessing all the properties, and equal in quality to the imported fly. In the life time of the great naturalist,- Linneaus, a kind of worm burrowed in the timber used for ship building in the royal dock yards of Sweden, and be.

ploy their talents with so little inconvenience, so as to brated Tea Ship," which was not permitted to la promote a greater amount of good to society, or so sa her cargo at Boston. The bell therefore, went ba tisfactory to themselves. A fourth means for obtaining to "Old England," and rested itself under the prote the objects of this institute is by debates among its tion of His Majesty, until the proclamation of the pea members,-excluding sectarian differences in religion, of 1783, when it was again embarked for the "Fr and party disputes in politics. Well conducted, these State of Pennsylvania," and in due time was insta debates excite to industry in the acquisition of know-ed into its office in the cupola of our own academy. ledge-promote facility in its application-fix facts Germ. Telegraph. more firmly on the mind-remove mistakes and errors -induce enquiry, and tend to cause a beneficial emula tion to spring up among all who take a part in them, while they instruct equally those who stand by and

listen.

Such, my respected hears, are the outlines of our organization. It remains with you, by extending your Countenance and fostering care to our infant institution, to enable us to carry all our plans fully into execution, and to insure those advantages they are calculated to confer upon the rising generation, upon you-upon all of us. But we have no fears-we look confidently for your approbation and support. We live in an age, and among a people alive to the best interests of their fellow men, and anxious to extend far and wide the light of knowledge. We live too, within a district, the citizens of which are not behind those of any other in patriotism, in enlightened views, and active usefulness.

We are fully assured that you will pronounce the sentence-The Southwark Institute shall succeed and prosper, and that with you to pronounce is to accomplish.

From the West Chester Democrat.
THE RAIL ROAD.

On the 25th inst. (Christmas) a number of respectable gentlemen, among whom were Gen. Workman, Secretary of the Land Office, Col. Ringland, Speaker of the Senate, Messrs. Hayes and Sangston, of the Senate, and Messrs. McCreery, M'Elwee and Barclay, of the House of Representatives, and Mr. Bonsall, U. S. Marshall, Richard Penn Smith, Esq. and other citizens of Philadelphia, accompanied by some of the Directors of the West Chester Bail Road Company, took seats in a splendid Mahogany car-crossed over the bridge, passed up the plane, and arrived in our borough in time to partake of an excellent dinner, which had been prepared for the occasion at Mr. Reed's hotel. The party was waited on by a number of the gentlemen of the borough, with every demonstration of respect, which could not fail to make them feel they were welcome to partake of the hospitality of West Chester; not only so but that their visit was well received. Our visitors expressed a general satisfaction with the appearance of our borough, the improvements, and evident prosperity of the surrounding country. As soon as the dinner was over, a few lively and appropriate toasts were drank, and the party returned to the city, leaving us to regret that their business would not permit them to remain with us a longer time.

This, we believe, was the first car, passing between this place and the city, that passed over the bridge. We understand that it is the intention of the West Chester Company to establish a tri-weekly line of burden cars on the road, in the course of a week or ten days. Thus those who desire to send grain, flour, &c. to the city, or to obtain store goods, plaster, or any other articles from that place, will be enabled to get them transported with safety and despatch, and we would suppose at much less expense than by any other mode.

A RELIC OF OLDEN TIME.-The Germantown Academy Bell, has just been taken down to be recast, by the bell company in Kensington-it having been fairly worn out in the service of the town, by being hammered thin at the striking points, and thereby cracked, and no longer able to perform its wonted functions.

This Bell came out first to "the Colony," in the cele.

tatives of this county, has kindly furnished us with HOUSE OF REPRESENTATIVES.—One of the Represe annexed statement of the professions and callings of t members of the present House of Representatives. so much invidiously harping upon the subject, that t will be seen, and especially by those who have be farmers and mechanics, have the decided ascendenc at least in this branch of the Legislature. We thank o correspondent for his attention.

Farmers,
Attorneys,
Merchants,
Doctors,
Gentlemen,
Iron-masters,
Manufacturers,
Millwrights,
Carpenters,
Professors,

50 Surveyors,
14 Tanners,

8 Coachmakers,

5 Painters,

4 Potters,

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COLLEGE BELL.-The College Bell has been hungit is of a fine tone, weighs upwards of 300 lbs. and can be heard very distinctly over town. It was presented to the Institution by the Rev. Zera Costin of Pittsburg. We have now five fine bells, viz: the Court houseCollege-Episcopal church-Presbyterian church, and Academy; the largest of which is that of the Court hous, weighing, we believe, 800 lbs., and has been distinctly heard a distance of 7 or 8 miles. In our village six denominations of Christi ons meet weekly for worship, viz: Presbyterian, Methodist, Episcopalian, Unitarian, Baptist, and German Reformed. Of these, the three form er own large and handsome churches. Bishop Onderdonk remarked that the Episcopal church of this place was, in an architectural point of view, the finest in the diocese. The Baptists own a small neat chuch. The Unitarians contemplate building one. also contemplate building a chapel about six miles east of town.-Crawford Messenger.

The Catholics

WALNUT STREET PRISON. The number of convicts confined in the Walnut street prison on the 1st inst. were 271 men, and 38 women. In the Prune street apartment, 4 men, and 38 boys. Total, 351. On the 1st of January, 1833, the whole number was 402-decrease in one year, 51.

HAZARD'S

REGISTER OF PENNSYLVANIA.

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

EDITED BY SAMUEL HAZARD.

VOI. XIII.-NO. 4. PHILADELPHIA, JANUARY 25, 1834.

PHILADELPHIA ICE COMPANY.

First Annual Report of the Directors of the Philadelphia
Le Company to the Stockholders-Dec. 12, 1833.
The Directors of the Philadelphia Ice Company pre-
sent to the Stockholders the following Report of their
proceedings.

NO. 316

A Committee of the Company visited the ground, and tor to remove the earth for the foundation and superfixed the precise location of the house, and a contrac structure, was ready to commence the work.

Mr. Bethell was not prepared to comply with his . contract. The It was incumbered with a mortgage to the amount of four thousand five hundred dollars, which Immediately after their election, the Directors pro- the mortgagor was bound to pay off to the full amount, ceeded to organize the Board, in conformity with the at a period much earlier than Mr. Bethell had agreed provisions of the Articles of Association; and appointed to allow to the Company for the payment of that portion Richard Peters, President, and Lewis Krumbhaar, Vice- of the purchase money. As a Stockholder of the ComPresident. It was resolved to adopt measures, without pany, and from communications made to him, Mr. delay, for the purchase or rent of a proper lot of ground Bethell well knew the purposes for which the property for the erection of an Ice-House, in a situation favorable was to be purchased, and the intention to use it for that to the operations of the Company: and an instalment of purpose without the delay of a single day. The cash ten dollars on each share was required from the Stock-payment, according to the terms of the agreement, was holders. The Board appointed George Y. Browne the offered to him by the Treasurer, at the time fixed by Secretary and Treasurer; and fixed his compensation him to make the title: at which time it was expected at the rate of four hundred dollars per annum, for six the incumbrance referred to would have been removed. meaths. Mr. Browne, having given security to the sat- This was not done, but it was explicitly promised by isfaction of the Board, in the sum of ten thousand dol-him that it should be done in a day or two, when he lars, immediately entered on the duties of his office. The efforts of a committee raised for that purpose, were supposed to be successful in procuring a lot of ground, owned by Mr. William Bethell, upon which it 15 proposed to erect forthwith, a spacious Ice-House, of a capacity and form to be fully adequate for the preservation of the quantity of Ice estimated as necessary for the purposes of the Association. The Board con- ! sidered a building which would contain about two hundred thousand bushels of Ice, called for by the expected demands of the Stockholders, and the public. The property which the Board desired to purchase of Mr. Bethell, is situated on the Columbia Rail Road, and but a short distance from the river Schuylkill. A particular and personal examination of it by the Board, resulted in a conviction that it was the most eligible of

any situation that could then be obtained.

The necessity of immediate and active measures to construct the Ice-House, in time to become the depository of Ice for the supply of the Company and the pubc, enjoined that instant possession, under a clear and unincumbered title, should be obtained, of any proper the Board might select. The delay of a few days might be fatal to the purposes of the Association, as the length of time in which the Ice-House was required to be erected and to be in a situation to receive Ice was less than three months; a period too short, unless great and unimpeded efforts should be made to con

Fruct it.

In the full and confident expectation of possession being immediately obtained, the Board agreed to purchase the property of Mr. Bethell for the sum of seven thousand dollars; of which two thousand five hundred were to be in cash, and the residue in three equal annual instalments, bearing interest: the funds of the Company were sufficient for this arrangement; but they were not sufficient for the cash payment of the whole purchase money.

Immediate preparations were made to excavate the ground for the building: the Regulator of the District was called upon to run the front line upon the Rail Road, and to determine whether certain proposed streets would pass through the property. VOL. XIII.

7

would receive the cash payment, and execute the deed. This was not done, and from the time of the offer of the cash payment, the 25th day of October, until the 26th day of November, no further communication was received from him.

The silence of Mr. Bethell, and his full knowledge of the peculiar character and objects of the proposed purchase, and other circumstances, induced and justified the opinion that he was willing to consider the arrangement for the property at an end, if the Board should acquicsce in its determination. This consent was freely given by a letter, addressed to him, by the President of the Board. The obligations of the Board of Directors to the Stockholders, called imperiously for this course. It was not until the 26th day of November that the Board was informed by his letter of that date, that Mr. Bethel still considered the contract for the purchase of the property, as existing, and that he would insist on its performance. Such a demand on the Company was as unexpected as it was unwarranted by the facts of the case. While it is freely admitted that time may be dispensed with, if it be not of the essence of the contract, it is insisted that circumstances may render the time in which the contract is to be executed, material and vital to its continuance. Such circumstances unquestionably did exist in the arrangement with Mr. Bethell. The whole purposes for which the purchase was intended to be made, would have been defeated, had the Board postponed commencing the building until the 26th day of November, when, and not before, so far as the Board had knowledge of the real state of things, he was ready to execute the contract on his part. To have attempted the construction of a building commenced at that, or after that time, would have been a violation of the duties of the Directors to the Stockholders.

A building commenced at that time might not have been raised, and certainly could not be roofed in, under the obstacles of the winter season, until March or April, in the approaching year; although it would be required for the depositing of Ice in January and February. It is only to state the case, to establish the injustice of a claim upon the Board to take the property thus situn

ted.

ploy their talents with so little inconvenience, so as to brated Tea Ship," which was not permitted to land promote a greater amount of good to society, or so sa her cargo at Boston. The bell therefore, went back tisfactory to themselves. A fourth means for obtaining to "Old England," and rested itself under the protec the objects of this institute is by debates among its tion of His Majesty, until the proclamation of the peace members,-excluding sectarian differences in religion, of 1783, when it was again embarked for the "Free and party disputes in politics. Well conducted, these State of Pennsylvania," and in due time was installdebates excite to industry in the acquisition of know-ed into its office in the cupola of our own academy.— ledge-promote facility in its application-fix facts Germ. Telegraph. more firmly on the mind-remove mistakes and errors -induce enquiry, and tend to cause a beneficial emula tion to spring up among all who take a part in them, while they instruct equally those who stand by and

listen.

farmers and mechanics, have the decided ascendency, so much invidiously harping upon the subject, that the at least in this branch of the Legislature. We thank our correspondent for his attention.

tatives of this county, has kindly furnished us with an HOUSE OF REPRESENTATIVES.-One of the Represen annexed statement of the professions and callings of the Such, my respected hears, are the outlines of our or-will be seen, and especially by those who have been members of the present House of Representatives. It ganization. It remains with you, by extending your countenance and fostering care to our infant institution, to enable us to carry all our plans fully into execution, and to insure those advantages they are calculated to confer upon the rising generation, upon you-upon all of us. But we have no fears-we look confidently for your approbation and support. We live in an age, and among a people alive to the best interests of their fellow men, and anxious to extend far and wide the light of knowledge. We live too, within a district, the citizens of which are not behind those of any other in patriotism, in enlightened views, and active usefulness.

We are fully assured that you will pronounce the sentence-The Southwark Institute shall succeed and prosper, and that with you to pronounce is to accomplish.

From the West Chester Democrat.

THE RAIL ROAD.

On the 25th inst. (Christmas) a number of respectable gentlemen, among whom were Gen. Workman, Secretary of the Land Office, Col. Ringland, Speaker of the Senate, Messrs. Hayes and Sangston, of the Senate, and Messrs. McCreery, M'Elwee and Barclay, of the House of Representatives, and Mr. Bonsall, U. S. Marshall, Richard Penn Smith, Esq. and other citizens of Philadelphia, accompanied by some of the Directors of the West Chester Bail Road Company, took seats in a splendid Mahogany car-crossed over the bridge, passed up the plane, and arrived in our borough in time to partake of an excellent dinner, which had been prepared for the occasion at Mr. Reed's hotel. The party was waited on by a number of the gentlemen of the borough, with every demonstration of respect, which could not fail to make them feel they were welcome to partake of the hospitality of West Chester; not only so but that their visit was well received. Our visitors expressed a general satisfaction with the appearance of our borough, the improvements, and evident prosperity of the surrounding country. As soon as the dinner was over, a few lively and appropriate toasts were drank, and the party returned to the city, leaving us to regret that their business would not permit them to remain with us a longer time.

This, we believe, was the first car, passing between this place and the city, that passed over the bridge. We understand that it is the intention of the West Chester Company to establish a tri-weekly line of burden cars on the road, in the course of a week or ten days. Thus those who desire to send grain, flour, &c. to the city, or to obtain store goods, plaster, or any other articles from that place, will be enabled to get them transported with safety and despatch, and we would suppose at much less expense than by any other mode.

A RELIC OF OLDEN TIME.-The Germantown Academy Bell, has just been taken down to be recast, by the bell company in Kensington-it having been fairly worn out in the service of the town, by being hammered thin at the striking points, and thereby cracked, and no longer able to perform its wonted functions.

Farmers,
Attorneys,
Merchants,
Doctors,
Gentlemen,
Iron-masters,
Manufacturers,
Millwrights,
Carpenters,
Professors,

50 Surveyors,
14 Tanners,

8 Coachmakers,

5 Painters,

4. Potters,

3 Fullers,

2 Chairmakers,

2

Confectioner,

2 Instrument Maker,

1

1

1

1

1

1

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COLLEGE BELL.-The College Bell has been hungit is of a fine tone, weighs upwards of 300 lbs. and can be heard very distinctly over town. It was presented to the Institution by the Rev. Zera Costin of Pittsburg. We have now five fine bells, viz: the Court houseCollege-Episcopal church-Presbyterian church, and Academy; the largest of which is that of the Court hous, weighing, we believe, 800 lbs., and has been distinctly heard a distance of 7 or 8 miles. In our village six denominations of Christions meet weekly for worship, viz: Presbyterian, Methodist, Episcopalian, Unitarian, Baptist, and German Reformed. Of these, the three former own large and handsome churches. Bishop Onderdonk remarked that the Episcopal church of this place was, in an architectural point of view, the finest in the diocese. The Baptists own a small neat chuch. The Unitarians contemplate building one. The Catholics also contemplate building a chapel about six miles east of town.-Crawford Messenger.

WALNUT STREET PRISON. The number of convicts confined in the Walnut street prison on the 1st inst. were 271 men, and 38 women. In the Prune street apartment, 4 men, and 38 boys. Total, 351. On the 1st of January, 1833, the whole number was 402-decrease in

This Bell came out first to "the Colony," in the cele-one year, 51.

HAZARD'S

REGISTER OF PENNSYLVANIA.

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

EDITED BY SAMUEL HAZARD.

VOL. XIII.-NO. 4. PHILADELPHIA, JANUARY 25, 1834.

PHILADELPHIA ICE COMPANY. First Annual Report of the Directors of the Philadelphia Ice Company to the Stockholders-Dec. 12, 1833. The Directors of the Philadelphia Ice Company present to the Stockholders the following Report of their proceedings.

NO. 316

A Committee of the Company visited the ground, and tor to remove the earth for the foundation and superfixed the precise location of the house, and a contracstructure, was ready to commence the work.

Mr. Bethell was not prepared to comply with his contract. The lot was incumbered with a mortgage to the amount of four thousand five hundred dollars, which Immediately after their election, the Directors pro- the mortgagor was bound to pay off to the full amount, ceeded to organize the Board, in conformity with the at a period much earlier than Mr. Bethell had agreed provisions of the Articles of Association; and appointed to allow to the Company for the payment of that portion Richard Peters, President, and Lewis Krumbhaar, Vice- of the purchase money. As a Stockholder of the ComPresident. It was resolved to adopt measures, without pany, and from communications made to him, Mr. delay, for the purchase or rent of a proper lot of ground Bethell well knew the purposes for which the property for the erection of an Ice-House, in a situation favorable was to be purchased, and the intention to use it for that to the operations of the Company: and an instalment of purpose without the delay of a single day. The cash ten dollars on each share was required from the Stock-payment, according to the terms of the agreement, was holders. The Board appointed George Y. Browne the offered to him by the Treasurer, at the time fixed by Secretary and Treasurer; and fixed his compensation him to make the title: at which time it was expected at the rate of four hundred dollars per annum, for six the incumbrance referred to would have been removed. months. Mr. Browne, having given security to the sat- This was not done, but it was explicitly promised by isfaction of the Board, in the sum of ten thousand dol-him that it should be done in a day or two, when he lars, immediately entered on the duties of his office. would receive the cash payment, and execute the deed. This was not done, and from the time of the offer of the cash payment, the 25th day of October, until the 26th day of November, no further communication was received from him.

The efforts of a committee raised for that purpose, were supposed to be successful in procuring a lot of ground, owned by Mr. William Bethell, upon which it was proposed to erect forthwith, a spacious Ice-House, of a capacity and form to be fully adequate for the preservation of the quantity of Ice estimated as necessary for the purposes of the Association. The Board considered a building which would contain about two hundred thousand bushels of Ice, called for by the expected demands of the Stockholders, and the public.

The silence of Mr. Bethell, and his full knowledge of the peculiar character and objects of the proposed purchase, and other circumstances, induced and justified the opinion that he was willing to consider the arrangement for the property at an end, if the Board should acquiesce in its determination. This consent was freeThe property which the Board desired to purchase ly given by a letter, addressed to him, by the President of Mr. Bethell, is situated on the Columbia Rail Road, of the Board. The obligations of the Board of Direcand but a short distance from the river Schuylkill. Ators to the Stockholders, called imperiously for this particular and personal examination of it by the Board, resulted in a conviction that it was the most eligible of any situation that could then be obtained.

course. It was not until the 26th day of November that the Board was informed by his letter of that date, that Mr. Bethel still considered the contract for the purchase The necessity of immediate and active measures to of the property, as existing, and that he would insist on construct the Ice-House, in time to become the deposi- its performance. Such a demand on the Company was tory of Ice for the supply of the Company and the pub-as unexpected as it was unwarranted by the facts of the lic, enjoined that instant possession, under a clear and case. While it is freely admitted that time may be disunincumbered title, should be obtained, of any proper-pensed with, if it be not of the essence of the contract, ty the Board might select. The delay of a few days it is insisted that circumstances may render the time in might be fatal to the purposes of the Association, as the which the contract is to be executed, material and vital length of time in which the Ice-House was required to be erected and to be in a situation to receive Ice was less than three months; a period too short, unless great and unimpeded efforts should be made to construct it.

In the full and confident expectation of possession being immediately obtained, the Board agreed to purchase the property of Mr. Bethell for the sum of seven thousand dollars; of which two thousand five hundred were to be in cash, and the residue in three equal annual instalments, bearing interest: the funds of the Company were sufficient for this arrangement; but they were not sufficient for the cash payment of the whole purchase money.

Immediate preparations were made to excavate the ground for the building: the Regulator of the District was called upon to run the front line upon the Rail Road, and to determine whether certain proposed streets would pass through the property.

VOL. XIII.

to its continuance. Such circumstances unquestionably did exist in the arrangement with Mr. Bethell. The whole purposes for which the purchase was intended to be made, would have been defeated, had the Board postponed commencing the building until the 26th day of November, when, and not before, so far as the Board had knowledge of the real state of things, he was ready to execute the contract on his part. To have attempted the construction of a building commenced at that, or after that time, would have been a violation of the duties of the Directors to the Stockholders.

A building commenced at that time might not have been raised, and certainly could not be roofed in, under the obstacles of the winter season, until March or April, in the approaching year; although it wou'd be required for the depositing of Ice in January and February. It is only to state the case, to establish the injustice of a claim upon the Board to take the property thus situated.

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