recorders, &c. if he shall deem it necessary or expedient. It is not intended to take from him any supervisory pow er, but merely to render the auditors auxiliary to him, and we think they will be found useful in the investi. Section 44. This section is copied from the 1st sec- gation of these accounts. It will be seen from the suc tion of the act of 21st March, 1806, (4 Sm. 324) with a ceeding sections that their report is to be filed in the verbal alteration, which is intended to remove any Common Pleas; to which tribunal, an appeal may be doubts relative to the object of the legislature in for- taken by the commonwealth, the county or the officer. bidding commissioners and treasurers from engaging in We trust that these provisions with those which we the construction of public works. We have also added have introduced into the title of county treasurer, with a provision that a commissioner or treasurer, after con- a view of protecting the financial interests of the comviction of the offence stated, shall be judged to be re-monwealth, will be acceptable to the legislature. moved from office, because it appears to us that the public dignity and the interests of the county require that under such circumstances he should not be allowed

for the security of their respective sheriffs. In some of office, before a commission shall have been received the acts passed for this purpose, there appears to be a and recorded. It will be seen by a subsequent section, great want of precision and certainty. Thus, the act of (S. 75,) we have provided that the recorder of deeds 2d April, 1803, provides that the sheriffs of Beaver, shall certify the recognizance to the prothonotary of the Butler, Mercer, and Erie, shall respectively give the Common Pleas, in order that it may be entered on the same security as the sheriffs of Allegheny and Craw-judgment docket. It may happen, however, that a ford. Now, by the act of 28th March, 1803, the secu- commission may not be granted, although the recognirity to be given by the sheriff of Allegheny is $10,000, zance has been given and approved by the judges, beand that of the sheriff of Crawford is $5000; it is diffi- cause the governor is still to judge of the sufficiency of cult, therefore, to ascertain upon what basis the amount the sureties. In such case, there would be at least a of security in the four counties above mentioned is tak-nominal lien on the property of the parties, which it en. Again, by the several acts for organizing M’Kean, would not be easy to discharge. By providing, howTioga, Bradford, and Susquehanna counties, it is de- ever, that the sheriff shall cause his commission to be clared, that the security of their respective sheriffs shall recorded, and that after the receipt of the commission, be taken "in the like sums," "as in the other organized the recorder shall certify the recognizance to the Comcounties of the commonwealth " As the amount of se- mon Pleas, the occurrence of this difficulty will be precurity, however, varies in the several counties, from vented. $60,000 in Philadelphia to $5000 in Crawford and other In the 74th section, we have introduced a provision counties, similar difficulties, we suppose, must exist in varying materially from the act of 1803, the 5th section ascertaining the proper standard in M'Kean, and the of which provides, that "until sureties shall be given in three other counties mentioned. In relation to the 28 manner aforesaid, all commissions granted to, and all counties enumerated in the act of 1803, we have follow- acts and things, whatsoever done by any such sheriff or ed that act in the amount of security, with the exception coroner, under color of office, shall be void and of none of Huntingdon; not because we supposed the amount to effect." The object of this section of the act of 1803, be adequate in every instance for the present day, but is to prevent sheriffs elect and others from undertaking for want of sufficient information to enable us to arrive any act, as such, before giving security; and so far it is at a better standard. Since that act, the population of undoubtedly right; but it is so worded as to produce inthe state has doubled itself, and the increase in wealth conveniences to the public which were not anticipated. and business has, in all probability, been equally great. In the case of Young vs. the Commonwealth, (6 Binn. Some increase in the amount of the security of sheriffs 88,) it was decided by the Supreme Court, upon the seems therefore expedient; but we have thought it best, construction of this section, that the sureties of a coroupon the whole, to report the bill with the present ner were not liable on his official bond for his misconsums, leaving it to the Legislature to make such altera- duct in office, in a case in which a recognizance had tion as the interests of the several counties may seem to not been given. Chief Justice Tilghman, after citing their representatives to require. The same remark the 5th section of the act of 1803, said-"This bond, by may be made of those counties which have been organ- the express terms of the condition, is to have no effect ized since the act of 1803. We have followed the se- until Samuel Young shall be duly commissioned coroner, veral acts where the sum was ascertained. In the cases &c. But a void commission is no commission; therealluded to, where the sum remains uncertain, we have fore, by the positive provision of the law, there can be taken the amount which we supposed to be nearest to no recovery on the bond, unless accompanied with a the intention of the Legislature. recognizance. This may be attended with excessive hardship when the officers of the commonwealth have been so inattentive as not to see that the law has been Section 66, Is copied from the same section, with the complied with, before the commission issues, or, at least, omission of the words "after he shall have been duly before any process is put into the hands of the sheriff or commissioned sheriff," &c. which are not in the recog-coroner: and it may be doubted whether the Legisla nizance, and appear to us an unnecessary restriction, ture, in their anxiety to enforce security, may not have and calculated to interfere with the provisions of a suc-gone further than was necessary. The subject is well ceeding section.

Section 65, Is copied from the 3d section of the act of 1803, with a slight verbal alteration.

worthy of their consideration; for, as the law stands, Sections 67 to 70. These sections are derived from both individuals and the public may be subject to great the 1st, 2d, 3d, and 7th sections of the act of 1803, with injury, from the hardihood of a sheriff or coroner, who some slight verbal alterations, not affecting the sub-presumes to act without having given the requisite sestance of the original provisions.

curity." To prevent the recurrence of similar difficul ties, we have struck from the condition of the bond, the words which limit the liability of the sureties to acts done after a commission granted; and we propose, in this section, to inflict a penalty upon any sheriff or coroner elect, who shall undertake any of the duties of the office, before a commission shall be granted to him; reserving, however, the liability of the sureties, for all acts done by color of office.

Section 71, Is new to our code. The first clause of this proviso exists, however, in the laws of Ohio, and probably in those of other states, and appears to us to be worthy of incorporation with our system. The importance of the office of sheriff to the community, is shown by the amount of security which he is required to give; and it is material that those who are called upon to exercise a degree of supervision or control over she riffs, or who are otherwise concerned in the administra- Section 75, Is derived from the 4th section of the act tion of justice, should not be allowed to connect them- of 1803, with the addition of a few words, which limit selves with the officer, in the way of suretyship at least, the lien of the recognizance to the county in which it so as to disturb or even throw doubts upon their impar-was given. The words of the act of 1803 are broad tiality, or to create embarrassing relations of business enough to extend the lien to all the real estate of the with him. The last clause is intended as an additional parties throughout the commonwealth. We doubt means of obtaining sufficient security for the public whether this was the intention of the Legislature, and against misconduct in either sheriff or coroner. we think it has not been so considered in practice. CerSection 72. This section is similar in substance with tainly it has been the object of all other acts regulating the 2d section of the act of 1803. liens, to carry notice with them, which cannot be effectSections 73 and 74. The 73d and 74th sections con- ed in this instance. Under the present law, we suptain some new provisions. We consider it important pose that real estate lying in the county, is only or chieffor the public, that the commission of the sheriff shall ly considered in determining the competence of a surebe placed on record in some convenient place, to which ty. We propose, therefore to limit the lien to the counthe people may have easy access; and that every possity; and in order to give more effectual notice we reble check should be imposed upon the exercise of the quire that the recognizance shall be certified to the

prothonotary of the Common Pleas, in whose office it is it lawful for the court to appoint, if they thought the to have the effect of a judgment, interests of the township required it.

Section 76, Is copied from the 7th section of the act of 1803.

Section 77, Is derived from the 6th section of the act of 1803. We have altered the last clause, however, so as to authorize the judges of the Common Pleas to de

termine the amount in which security shall be given. It appears to us that the length of time for which the commission is to be granted, will not always be found a just measure of the security, and that the court of the county will generally have the best means of determining the question.

Section 78, Is derived from the 6th section of the act of 1783, (2 Sm. 85,) and the 26th section of the act of 1811, (5 Sm. 234,) with some alterations, in which we have extended the duty, so as to embrace all moneys received for the use of the commonwealth, and to require an account thereof whenever the Auditor General shall exact it.

Section 79. This section is new. Considerable in convenience at present exists for want of some provision respecting the books of sheriffs after the expiration of their office. Many entries of great importance or interest to suiters are contained in these books, which, after they leave office, are generally carried with them to their respective places of residence, and difficulties are frequently experienced in obtaining access to them. Some consideration, we think also, is due to the sheriff's sureties, who by the loss or concealment of his books, may be disabled from proving facts of material importance to them. This section is suggested with the hope that it will be effectual to remove an inconvenience generally experienced. Sections 80 and 81, Are derived from the 9th and 10th sections of the act of 1803.

1. Assessors.

sections of the act of 11th April, 1799, (3 Sm. 393.) Sections 88 and 89, Are derived from the 5th and 6th

Section 90. The first clause of this section makes general a provision, originally designed for the city and $3, 7 Sm. 558,) but which we think ought to be of gecounty of Philadelphia alone, (act of 2d April, 1822, neral application. The last clause is copied from the 22d section of the act of 1799.

2. Supervisors.

Section 91. In this and other sections, we have denominated these officers, supervisors merely; omitting the words in the present laws which seem to limit their du ties to the roads and highways of the township. It appears to us, that they may properly stand in the same general relation to townships, that commissioners do to counties; baving the superintendence and charge of the affairs of the township generally, though especially intrusted with the care of roads and highways. We find another motive for an enlargement of the sphere and functions of these officers, in the consideration of a subject of great public interest and importance. We trust that the time is not far distant, when the education of children will become the business of every township in the state, and when school houses, with competent teachers, will be erected in convenient districts. The present system is generally conceded to be defective; but in no point does it appear to us more susceptible of amendment, than in that which devolves the charge of this subject upon county commissioners, who, from their limited number, the pressure of other duties or pursuits, and the great extent of counties in general, are incapable of giving to it that attention which we think its paramount importance deserves. The experience of other states demonstrates, that to rendered u The remaining sections of the bill relate to township cation accessible to all, it is necessary to establish school officers. It has been our object, as we have already houses in small districts. It is not necessary, we think, mentioned, to assimilate townships in their structure to create any new offices for the purpose. The super and organization to counties; the principal materials for visors of a township, organised on the plan of this bill, which already exist in certain local provisions which will, we submit, be the proper and competent agents of have from time to time been enacted by the legislature, the people in this and other general concerns of the and which we have merely generalized. The cases of township. We have not, however, in this bill made any township auditors and town clerk furnish an example of express reference to the subject of education, in conthis. Both were originally established in certain dis-nexion with the duties of supervisors. It appeared to tricts only, but as experience showed their utility, they have, by successive acts, been extended over the principal part of the state It will be seen that the choice of township officers is not made imperative upon the people. It has appeared to us best, to leave it to the judg. ment of the inhabitants of the several townships to de-adopt. termine whether they will elect these officers or dispense with them. In some townships, most of them are al ready sufficiently familiar and well approved. In others, it may be the work of time to make their benefits obvious, but we think that all will sooner or later fall into the adoption of the system if it shall receive the sanction of the Legislature.

3. Of Township Officers.

Section 82. In this section we have enumerated and classed all the township officers already existing, or which we think it for the public interest to provide. In the term of office, we have followed the existing pro

visions.

Sections 83 to 87. In these sections we have generalized certain provisions of the present law, which appeared to us susceptible of being brought into a common rule. In the 84th section, we have thought it expedient to limit the power of appointment of treasurer and clerk, to cases in which at least thirty electors shall apply for the exercise of it. It may happen that the electors of a township may not think the particular office necessary or expedient; and in such case, we should not think it proper for the court to interfere. It occasion should exist in the opinion of thirty electors, we would make

us sufficient, in this place, to provide for the incorpora. tion of townships, and for the enlargement of the func tions of supervisors, leaving it to the Legislature hereafter, to make use of their agency in carrying into effect any system of education they may think proper to

We may add here, that we have not considered our selves at liberty to dispense with the separate office of overseers of the poor, although we are not satisfied that any necessity exists for its continuance; we see no substantial reasons why the office should not be united with that of supervisors. The system would be more simple, attended probably with less expense and fewer incon veniences, if supervisors were assimilated in all respects education, of the poor, and other township matters, as to commissioners of counties, and had the charge of well as roads and highways. Their number might then be increased to three, and their term of service enlarged the Legislature be disposed to consolidate the offices in to three years, as in the case of commissioners. Should the manner suggested, the change can be effected with very slight alteration in the present bill.

Section 93, Is derived from the 12th section of the act of 1802.

Section 94, Is derived from the 23d section of the

same act.

3. Overseers of the Poor. Sections 95 and 96, Are derived from the 16th and 14th sections of the act of 9th March, 1771, (1 Sm.332.)

4. Township Treasurer. Section 97. In this and the three following sections, we have proposed the appointment of an officer similar in character and functions to the county treasurer, for the fiscal business of the several townships. The present scheme of township organization appears to us to be seriously defective, especially in regard to the management and control of the township funds. Whether the amount be great or small, we think that there ought to be a sufficient check upon the raising of money in the first instance, and afterwards upon its expenditure. Now, as the law stands, we find that the supervisors of the roads, and the overseers of the poor, possess, separately, the power of levying taxes for the purposes of their respective offices, the collection of those taxes, and the personal appropriation of the funds, without any other check or control than that which arises from the examination of their accounts by the freeholders chosen under the act of 1802, or by the township auditors in certain counties, under certain special acts already adverted to. By some other local provisions, supervisors are required to give security for the due appropriation of the moneys that may come into their hands. To supply the defect, and guard against probable abuses, we propose the appointment of a township treasurer, who shall receive and be accountable for all moneys accruing for township purposes, and who shall give adequate security therefor. We think that economy and regularity in accounts will be promot. ed by the creation of this office. We propose that the officer shall be annually elected by the people, and shall give security to the satisfaction of the supervisors and overseers of the poor. In the details of his duties and liabilities, we have followed the provisions relating to county treasurers.

5. Town Clerk.

The act of 13th April, 1807, (4 Sm. 472,) provided for the election of a town clerk in the counties of Philadelphia, Bucks, Chester, Lancaster, Northampton, Wayne and Delaware, and prescribed his duties. By the act of 20th March, 1810, the provision was extended to the counties of York and Montgomery. In 1813, (6 Sm. 59,) it was extended to all the counties in the state, excepting Erie, Crawford, Warren, Mercer, Potter, Schuylkill, Butler, Adams, Allegheny, and M'Kean; and by the act of 5th March, 1819, (7 Sm. 159,) seven of these ten counties were included in the provision. There remain, therefore, only three counties to which the act of 1807 does not apply. It appears to us that the power to elect this, and other township officers, should be general and uniform. We have already remarked, that from the phraseology of these sections, it will be optional with the inhabitants of a township to elect these officers, or dispense with them.

Section 101, Provides that the town clerk shall, ex officio, be clerk to the supervisors and overseers, and declares his duty in this respect. This provision is new, and has been suggested by the considerations already adverted to, respecting the present want of control over the proceedings of supervisors and overseers. town clerk will record their proceedings and keep their accounts, and will thus furnish, it is believed, both a guide to them in respect to their duties, and a check upon irregularity or abuse.

The

Section 102, Is taken from the first section of the act of 1807, with some alterations, which adapt it to the system contemplated by the bill.

merely generalize certain local enactments which we think have been found by experience to promote the public good. The first act passed on the subject, authorised the choice of township auditors in the counties of Northumberland, Centre, Venango, Beaver, Crawford, Mercer, Allegheny, Berks, and Schuylkill, (Act of 14th January, 1830, P. L. 26.) Since that date they have, by successive acts, been extended to the counties of Susquehanna, Luzerne, Warren, Huntingdon, Tioga, Clearfield, Butler, Montgomery, and Chester; and we now propose to authorise the citizens of every township in the state to elect auditors; and define the duties of the persons so elected. In section 107, we have assimilated their authority to that of county auditors, and in section 108 they are allowed similar compensation. We have directed, in section 105, that their report shall be filed with the town clerk, supposing that in his hands it would be more accessible to the people of the township, than if filed with the clerk of the Quarter Sessions. In section 106, an appeal is provided from their report, in the same manner as in the case of county auditors. Constables.

The provisions under this head are mainly derived from the existing laws, so far as they respect the ap pointment of this officer and his security. Those which relate to his duties in the administration of justice, &c. will be found in a future bill.

Section 109, Is derived from the 6th section of the act of 1st March, 1799, (3 Sm 356.)

Sections 110, 112, and 113, Are copied from the 29th section of the act of 20th March, 1810, (5 Sm. 173.)

Section 111, Is derived from the 29th section of the act of 1810, the 3d section of the act of 29th March, 1824, (P. L. 172,) and the 4th section of the act of 1808, (4 Sm. 531,) with slight alterations. The proviso in the 29th section of the act of 1810, which declares that "no person shall be permitted to serve as constable more than three years in any term of six years," having, by various acts, been repealed with respect to many counties of the state, and perhaps by implication from the act of 28th March, 1820, not being operative in any part of the state, we have not introduced it into the pre

sent bill.

Section 114, Is derived from the 29th section of the tion of the act of 1824. act of 1810, with an alteration taken from the 3d sec

1820, with an alteration limiting the power of a special Section 115, Is taken from the act of 28th March, deputation to the case of a civil suit or proceeding; which we suppose was the intention of the act.

Section 116, Is taken from the act of 4th of February, 1830, (P. L. 36.)

general rule, for the mode of recovering pecuniary peSection 117. In this section we have provided, by a nalties imposed by the bill, and not otherwise provided for. It appears to us, that in the case of public officers, the proceedings should generally be in the court of

Quarter Sessions.

the operation of a numerous class of local provisions Section 118. The design of this section is to preserve contained in acts of Assembly. We have felt considerable embarrassment in deciding upon the proper course them, will mar the uniformity of the law as actually adto be adopted in relation to these laws. To preserve ministered, and may tend to lay the foundation of an wealth. On the other hand, were we to propose their irremediable diversity in the usages of the commonrepeal, it might be thought to be an undue enlargement might also interfere essentially with the wishes and of the scope of the resolutions under which we act. It convenience of the people of the cities and other districts to which they respectively apply. There may also be differences of situation with which we are not acquainted, requiring different legislative provisions. Section 104, This, and the four following sections, These considerations have prevailed with us to introduce

Section 103, Is taken from the 1st and 6th sections of the same act. We have altered the original provision so far as to authorise a fee of ten cents for a search in the books of the town clerk, conceiving that he ought not to be expected to give his services gratuitously, and that those who derive a benefit from his records should pay a reasonable compensation therefor.

6. Township Auditors.

The Convention was then addressed by the President, and by Mr. Barclay who stated the object of the convention, and explained the motives of the managers and Resolved, That the proceedings of this meeting, sign stockholders with whom the call originated; whereup-ed by its officers,be published in the Bedford papers, and on, on motion of Gen. Murray, it was

Resolved, That a committee of seven members be appointed to arrange the business to be brought before the convention, and to make report at 2 o'clock, P. M. And, the president having appointed Messrs. Murray, Gebhart, Estep, M'Nair, Hill, Russell, and Barclay, to compose the committee, on motion of Mr. Gebhart, the convention adjourned till 2 o'clock.

At 2 o'clock, the convention having re-assembled, Messrs. Thomas McDowell, and James McDowell, delegates from the Chambersburg and Bedford Company,