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upon the general good character of the people of this
county for exemplary morals and peaceable and dutiful
submission to the laws.

the studies of the following year, the trustees took oc
casion to state the gratifying results of the first years'
labours. The expectations then indulged have been
But it is enough for you and for us to know, "that fully realized, and they feel themselves warranted in
all racing, running, pacing or trotting horses, mares, or saying from a careful inspection during the three years
geldings, for money, goods or chattels, or other va- which have sin e elapsed, and especially at the close of
luable things," are declared by the act of the 17th of the last session, that this system has been ably and
February, 1810, to be common nuisances against the faithfully carried into effect. The instruction of the
state," and the "authors, parties, contrivers and abet-pupils in everybranch of their studies has been tho
tors thereof, shall be prosecuted and proceeded against rough and accurate.
by indictment." The same act further provides, that The trustees have pleasure also in believing that the
"each horse, mare or gelding, used or employed by public confidence in the University is becoming more and
the owner thereof, or with his consent, in any race, on more established. The number of pupils admitted at
which any bet or wager shall have been laid, or any the last examination was greater by one third than at
purse or stakes shall have been made, shall be forfeited the corresponding period of any former year. It is en-
to the proper county: and the said horse, mare or geld-couraging to perceive from this demonstration, that the
ing so forfeited, shall at any time within two months institution is growing in the esteem of our fellow citi
thereafter, be seized by any overseer of the poor or zens, and that the measure of its support increases with
supervisor of the highways of the township in which the conviction, founded upon actual results exhibited
such race shall have been run, or by the sheriff, or any by the classes that have been graduated, of its capacity
of his deputies, of the county within which said town to afford a comprehensive and solid education.
ship shall be situate."

In bearing this testimony, according to their duty,
We know not whether any complaints may be for- to the merits of the Institution, and to the industry,
mally laid before you for offences against the law just zeal and ability of the Professors, the Trustees avail
referred to, but the attestation you have just taken, au- themselves of the occasion to repeat the expression of
thorises you, nay requires you to make diligent inquiry; their sense of the importance of the trust committed to
that is, by all the means within your knowledge, or that them, and of their determination to endeavour to exe-
you may be furnished with.
If you require the atten- cute it in a manner worthy of the enlightened commu-
dance of witnesses, the court will compel their atten-nity whom it most immediately concerns. That com-
dance, so that you may examine them on oath. You munity, and all who may feel an interest in the advance.
have the right to present the offences and the names of ment of morality and learning, they would respectfully
the offenders in writing, with the names of the witness- but earnestly invite to make themselves acquainted
es you may choose to furnish, whereby the Attorney with the actual state of the University, persuaded that
General may be enabled to prepare and prosecute in nothing more will be necessary to convince them that
dictments.
"it is as broad in its principles and comprehensive in its
course of instruction, as any college within our common
country," and extending its usefulness by their counte
nance and support. Let it have the place it deserves
in their thoughts and affections, so as to be invigorated
by the warmth of habitual kindness and consideration,
and with the blessing of Heaven its success is certain.
Signed by order of the Board.

If it shall be found that any peace officers, whose duty it is to suppress crimes and punish nuisances, or any officers especially charged with the execution of the act referred to-if any magistrate, constable, overseer of the poor, supervisors of the highways, sheriff or his deputies, have been remiss in their duty, so that either offenders or horses have escaped, the Grand Jury have a right to present them.

The gambling character of horse-racing is all that has heretofore met the reprehension of the Legislature, except within the city and county of Philadelphia. By the act of the 22d of March, 1817, all horse-racing, whether for money or other valuable thing or not, is forbidden, under severe penalties, upon any of the public roads or highways in that populous district-a provision which, for the safety and convenience of travellers, we should like to see extended over the state. But under the present act, to which your inquiries have been directed, it is only such races upon which some "bet or wager" shall have been laid, or "some purse or stakes shall have been made, or some money, goods, chattels or other valuable things" shall have been striven for, that come under the notice, penalties and forfeitures of the

law.

It is recommended to the Grand Jury to take the subject into consideration, with a hope that whatever may be the immediate result, at least public inquiry may be directed to the subject, and that in the end, the offence with all its concomitant evils may be banished from our county.-Village Record.

UNIVERSITY OF PENNSYLVANIA.
Sept. 2, 1823.

The trustees of the University have great satisfaction in being able, after three years' experience, and after the examination of the classes in the collegiate department which has lately taken place, to renew the assurance of their entire and even increased confidence in the efficiency of the institution under its present professors. The system of instruction adopted at the reorganization of the department of arts, was announced in the month of September, 1829, and at the close of

WM. WHITE, Chairman.

JAMES C. BIDDLE, Secretary.

THE COAL TRADE.-In our paper of Wednesday we published what we then stated was an incomplete ac count of the number of the vessels laden with coal, that had cleared from the river Schuylkill, during a period of a little over five months. [See page 158.] We are now enabled to present a tolerably complete return. From 20th of March to the 1st of September, the number of vessels laden with full cargoes of coal, were 52 brigs. 568 schooners, and 124 sloops--making a total of 744 vessels. During the same period, the Lehigh Coal and Navigation Company despatched from the Delaware, laden with coal from the mines at Mauch Chunk, 1 ship, 32 brigs, 155 schooners, and 55 sloops-total, 243. The whole number of clearances from the Delaware and Schuylkill, therefore, amount to nine hundred and eighty-seven.

During the ensuing two months, we hazard little in saying that there will be five hundred vessels despatched with coal from this city.-Com. Herald.

LARGE SALE OF COAL LANDS.

The tract of Coal Land known as late the property
of Jacob W. Seitzinger, Esq. in the vicinity of Potts-
ville, containing 652 acres, was sold last evening, at the
Merchants' Coffee House, by T. W. L. Freeman, auc-
tioneeer, for the Marshall, at $34,500 cash.

in New York, for the purpose of towing vessels up and
Tow BOAT. The steamboat Linnaeus, purchased
down the river Schuylkill, has arrived, and is now en-
gaged in that business.

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FIRST ANNUAL REPORT OF THE BOARD OF
TRUSTEES OF LAFAYETTE COLLEGE.

October 8, 1832.

In presenting to the public their First Annual Report, the Board of Trustees of Lafayette College deem it decorous, briefly to state the reasons why it did not appear sooner: why they have remained so long inactive-at least inefficient.

or.

and scientific, an agricultural and mechanical Institution. In reference to each of these departments, it will be our business to exhibit it before the public in its past history, its present condition, and its future prospects. Morality and Religion.

No young gentleman of immoral habits has been tole. rated. Any that may have been admitted unawares, given to vicious practices, are obliged to abandon their habits or their standing. The tone of moral feeling has been and still is such, that society and companionship with the strict rules of morality: and it is this moral are withheld from every student who does not comply force, combined with private friendly admonition, rather than censure or the fear of it, that has hitherto secured its decided moral character. Thus we hope it shall ever be.

The religion of the Bible is taught once a week in a familiar Bible class exercise. All the students attend this class, and also the morning prayer in the College Hall-and the family religious exercises. In these last, such of the students as choose, participate. A little more than one half generally engage in this duty and privilege. No religious sect is known. The institution has always embraced many denominations, and still does so: and the charter guarantees its privileges to all, without distinction of religious party.

Soon after the issuing of their charter, in 1826, the trustees were called together, and the Board was ganized: measures were taken to sketch out a system of instruction and order of studies. Attempts were made to procure suitable teachers and raise funds. The former failed, it is believed, chiefly because the latter did not succeed; and the latter failed, partly, because public attention was then, and has been ever since, too much engaged with the subject of the internal physical improvements of the state, to give merited attention to the internal, moral, intellectual, and physical improvements of her citizens; and partly, from a want of deep feeling interest in education in general, and of a correspondent disposition in the public and individual minds to contribute to its promotion. The magnitude of the object and the consequent extent of funds necessary to its attainment, seemed to paralyze effort: and after a few exertions, too much, we confess, characterized by a spirit of despondency, the friends of the enterprise, yielding to the invincible necessities of the case, abandoned it for a time, but not forever. We still believe it a noble enterprise, and one which the best interests of our country required, and we have only been waiting the opening of a door of hope in the presentation of more auspicious circumstances. We think we have not waited in vain. Providentially the circumstauces have occurred, and the door of hope is thrown open be-dix to this report, what is the course of studies for the

fore us.

During the last winter, information was incidentally received, that the Principal of the Manual Labor Academy of Pennsylvania, located at Germantown, had resigned the charge of that institution, but had not abandoned the enterprise of conducting education in connexion with manual labor. That the location of that establishment so near the city, and consequently so expensive as to living, proving a chief cause of its embarrassment, and its charter limiting it to that vicinity, he was determined to remove to a part of the country where circumstances were more promising. Upon in vitation this gentleman visited our town in February last, and after various interviews with the Board and its members and friends, finally agreed to accept the office of President of the College-provided, the Military requisitions could be dispensed with, and Manual Labor substituted in their place; and provided the Board would procure the necessary accommodations as to lands and houses. The former proviso was soon met by a change in the charter, and the latter partially by a lease of Mr. Midler's farm adjoining this borough. Mean while, the trustees of the academy at Germantown had resolved to sell their property and suspend their school. Thus the way was prepared for the removal of the students. And thus it will be seen, that in a qualified sense, Lafayette College is a continuation of the Manual Labor Academy of Pennsylvania; and we are happy in thus recording our obligations to the trustees of that institution. Their labors, though apparently abortive, have really not been in vain. They deposited the germ and nourished the plant which it is ours to cultivate to maturity. Let it then be our concern not to suffer the thrifty nursling, which their industry has prepared to our hands, to languish and die for the warmth of genial soil and proper culture. Let us rather, by furnishing both with a liberal hand, secure its rapid growth, until its top shall aspire toward the heavens, its branches spread over our hills, and its fruits descend in rich abundance to honor and to bless our land.

Lafayette College is a moral and religious, a literary

Literature and Science.

In this department we profess to have nothing different from other colleges, except the issuing of special certificates or diplomas for particular branches of study. in reference to any particular objects, except that of The Board have not yet arranged these specifications common school teachers. It will be seen in the appen

general scholar in the several classes, and what the special requisites for the school teacher's diploma. In making the arrangements for this last, we have had particular regard to the destitutions of our country and

the elevation of the standard of common school education.

The department of German literature, in which the Board feel a deep interest, has suffered a severe loss in the resignation of Rev. Professor Rauch, D. P. A large class was just forming and had written for books, when their hopes were disappointed by his removal. This is the more to be regretted, because the limited re sources of the Board render it impossible for them at present to employ a competent Professor in that department alone, without some collateral means of support. Our ardent wish and hope however is, that the German population of Pennsylvania will not suffer the language of their fathers, the most majestic and venerable of the modern tongues, to pass away from the coun try of their adoption. We hope they will, by enabling us to meet our charter obligations in the endowment of a German Professorship, revive a taste for the literature of Luther and Melancthon, of Wieland and Goethe, of Tholuck, Gessner, and Gessenius.

On the 10th day of August last, the Board appointed Mr. Charles F. M'Cay, who has for nearly two years been teaching in the academy, Professor of Mathematics and Natural Philosophy; Mr. J. J. Coon, Professor of the Latin and Greek languages; and Samuel Gross, M. D., Professor of Chemistry, Mineralogy, and Botany. Under the administration of these gentlemen, together with the President, we feel confident this department will not disappoint any reasonable anticipations of the public: in which confidence we are fortified by the very satisfactory results of the recent examination.

Agricultural and Mechanical.

The farming operations have prospered under the supervision of Mr. Thomas Pollock, who with the labor of the young men, conducted the farming operation specified in the appendix. Our horticulture proved a losing concern. The unprepared state of the ground,

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its northern exposure, and the deficiency of prepared
manure, rendered this the least productive expenditure
of labor. The first and the last of these evils, will in a
degree be remedied by the next season, so that we hope
for a more equitable return from the soil.

The mechanical department, and the business of the
entire establishment has been under the direction of
Mr. Daniel Gaston, as agent. Reserving the details of
work in the regular branches for the appendix, we will
here give some account of the first and heaviest job.

Our present difficulties therefore, and they are serious and embarrassing, but not insurmountable, are such as relate: to the increase of students: the deficiency of shop room, tools, and capital in business: and to the ' absence of library and apparatus: and to the want of permanent and suitable garden grounds.

The number of students properly within the plan of the College as a boarding and manual labor institution, cannot exceed fifty, in the winter season-because there are not rooms to accommodate more. In summer six or eight more can be admitted. This number is scarcely sufficient to afford full employment and moderate compensation to the Professors now engaged. It could be greatly enlarged, if convenient lodgings could be procured.

Our shop room too, will not afford opportunity of work to all our hands in the winter: without alternating. which is often difficult to arrange on account of the class recitations, it will be impossible to find employment. The stock in trade is private, being the property of the President, and quite limited: which therefore cannot be expected to yield large results. The branches of manufacture pursued, require considerable delay in the returns, and of course render imperious the extension of the capital.

The buildings on the rented premises being entirely insufficient to accommodate the students, and the family of the President, an addition was indispensable, and it was necessary to have it ready for occupancy on the opening of the summer term, on the 9th of May. It was moreover desirable to construct it by the labor of the students, and that too without an entire suspension of their studies: therefore it was necessary to begin it before the 1st of April. Accordingly, the President with a volunteer corps from the academy at Germantown, arrived at the premises on the 14th of March, and proceeded to work next day. When the ground was marked out for the new building, it was partly covered with snow and frozen. The quarry too, from which the stones were taken, was rendered very difficult to open by reason of frost, the ground in both cases facing the north. The work however progressed, and on the 31st, the remnant of the students and their teachers, with the family of the President arrived; and the building moved on more briskly, and was ready by the 9th of May. It is a frame of very plain workmanship, thirtyone feet square, two stories high, with garret rooms finished and basement for work shops. It is divided into eight lodging rooms, two school rooms, and the shop, and was constructed by the labor of the students, except eight days work in the quarry, the masoning and plastering.

A literary institution without library and apparatus, cannot hope success in the higher branches of study. In their absence it is not reasonable to expect, nor would it be right that young gentlemen should remain during their junior and senior years. Accordingly, our more advanced students are making, or have made, arrangemen's for entering other colleges to complete their course, where these facilities are enjoyed. Our most pressing wants however are those of globes, maps, philosophical and chemical apparatus.

The impolicy of expending time, labor, and money, in improving, either by building or the preparation of Our blacksmith shop is small, and affords employ-garden grounds, on so short a lease, is perfectly obvious. ment for only two hands-our own smithing has occu- Our young men might labor, but the harvest of their pied them more than the regular term for work. The toils world remain to be gathered by other hands. This farm work and the manufacture of trunk handles, and difficulty we have considered as first in the order of irons for cultivators, has chiefly employed them. The time, and not least in importance. And therefore the branch which seems most likely to succeed, and to suit Board, convinced as they are, and as they think every the nature of our hands, is the manufacture of packing reflecting reader will be, by the facts detailed in this boxes, for the city consumption. Our arrangements report and appendix; that the plan of education connectare such now that we feel able to go into the marketed with productive manual labor is PRACTICAL; and is with the city box makers, on equal terms. Our boxes are put in bales, and we have an agent in the city to put them together and deliver them to our customers. We are also prosecuting the trunk making business with success. There is however more variety of operation, and consequently it requires more care and capital in proportion to the number of hands.

Agricultural implements have been made to a small extent: and we hope to see the day when "the Lafayette Plough" will be in great demand.

Number of Students.

The summer term of the College opened on the 9th of May, with forty-three students; which number increased in a short time to fifty-six, the utmost that could be received into the buildings. There have been also eleven day scholars, making the highest number at one time sixty-seven. Many applicants have been refused for want of room.

Health.

Our experience continues to justify the utmost confi. dence in manual labor, as a pro-phylactic remedy against the diseases incident to the sedentary life.

Present Condition.

The Institution occupies premises inadequate to its present accommodation. They are held on a lease which will expire April 1st, 1834, and which cannot be renewed without relinquishing a large part of the arable land, and this would render the rent exorbitant.

the only plan whereby classical and scientific attainments can be brought to the door of the poor as well as the rich; and thus every youth of sound mind and noble spirit be enabled to educate himself; have not hesitated to meet and remove this difficulty. This they have done by the purchase of nine acres of land within the borough limits, on the north side of Bushkiln creek, facing North Pomfret street. This plot of ground is very elevated, overlooking the town of Easton and the adjacent rivers Delaware and Lehigh with their bridges and canals, their inclined plane and locks, and commanding one of the very finest views in all the variety of our very varied and picturesque scenery. The quantity of land is indeed too small, but it may be enlarged as means increase, and it will afford sufficient room for the buildings and garden grounds. It has moreover the peculiar advantage of access to the fine gravel spring water which flows through it the iron aqueduct of the "Easton Water Company." On "Mount Lafayette," therefore, it is the purpose of the Board to erect, during the ensuing summer, a College building, shop, barn, &c. and thereby to remove two others of the present difficulties, leaving only the matters of library and apparatus. These so far as indispensable we hope also to procure shortly.

OUR FUTURE PROSPECTS,

However, depend very much, for their complexion upon the sunshine of public favor. We, as a Board, are without resources, other than the common resources of every benevolent and ennobling enterprise; the

boundless resources of gratuitous, voluntary contributions, and of legislative bounty. Our young men in deed are willing to labor. Many of them must be largely the makers of their own fortunes. They have bone and sinew and nerve, moral, intellectual and physical, and a disposition to use them in building up their individual and the public interests. But then, active power, must have material on which to operate. Egypt's tyrant, until maddened by jealousy, demanded not the tale of bricks, without furnishing straw, Let the materials be furnished, and our youth will erect a monument more durable than the pyramids; with the additional glory of registering and transmitting its own history to all future times. Let the morning sun of public favor shed abroad its fostering beam upon this Institution, so shall his moontide splendor and his evening ray sparkle in glory from the fame of LA FAYETTE,

FACULTY.

The Faculty on whom the Government of the Insti tution rests, consists of:

Rev. George Junkin, A. M., President, and Professor of Mental and Moral Philosophy, Logic, Rhetoric and Evidences of Christianity.

Mr. Charles F. M'Cay, A. B., Professor of Mathematics and Natural Philosophy.

Mr. James J. Coon, A. B., Professor of the Latin and Greek Languages.

iron works. It is expected that this will be put in operation next spring. Several other dwellings will be added to Norristown this fall,

JEFFERSON COLLEGE-By a catalogue of the officers and students of Jefferson College, at Canonsburg, Pa. it appears that there are in that institution, 28 Seniors, 48 Juniors, 54 Sophomores, 53 freshmen, 55 in the preparatory school, and 7 irregulars-total 237.

THE MERCER POTATO.-The best of all roots of the potato kind called by this name, is the production of a neighboring state. It has been a question among our farmers for many years, whether it was produced by an improved mode of raising them, or whether it was a foreigner. We are at length able to settle this question by the assistance of a kind friend. He says the species of potato called the Mercer, was originally raised in Mercer county, Penn., by a gentlemen by the name of Gilkey, and are there called Naphannocks, from the name of a creek, which passes through that county. About twenty years since, this gentleman planted the apple, or ball of potato, from which has sprung this delightful root.—Delaware Journal.

Two hundred and fifty-four Eels were taken in a fish basket, about a mile and a half above Mifflintown, Samuel D, Gross, M. D., Professor of Chemistry, on Monday night last. One of them weighed 4 pounds; Mineralogy and Botany. and several others were nearly as large.

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George Weber, Kreidersville, Anthony M'Coy, Martin's Creek, George G. Howell, do. Northampton co. Walter C. Livingston, Allentown, Lehigh co. William Long, Durham, Bucks co.

THE MARTINS.—Mr. Trissler, of this city, who has for some years past noted the departure of the purple martins (hirundo purpurea) from this neighborhood, has favored us with the following statement, from which it appears that those birds have gone off earlier this season than they did previously within the last nine years.

In 1824 they departed Sept. 15

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September 14, 1833. MAUCH CHUNK.-We are happy to learn among other decided indications of the growth of our town, that ap. plication has been made for a lot with the necessary water power, for a large Brewery. The applicant, we understand, is an enterprizing capitalist from Easton, The sale of the lot in question will include, as we are informed, the only remaing part of the Town Plot at present in the market.

There are several other branches of business to which we should think the place might offer good encourage. ment, and which from the increase of business of almost every other description, will probably be much wanted. Among other mechanics, it has been suggested to us that a tanner, a chair maker, and a tallow chandler,are much wanted in this place-Mauch Chunk Courier.

THE OMNIBUS.-It may not perhaps be generally known that a stage Coach, or to use the more modern term, an Omnibus, has recently been stationed at the Mauch Chunk Hotel, for the accommodation of the citi zens and visiters at this place who may wish occasional ly to take a ride to any of the neighbouring places in this vicinity. Such an establishment has been hitherto very much wanted here, and we have no doubt that the enterprizing proprietor, Mr. J. Rice, of Allentown, will be liberally patronized for this valuable accession to the convenience of the place.—Ibid.

FRANKLIN, PA. Sept. 7, 1833. We regret to learn that the fall crops throughout this county have suffered severely from the late frosts. On the night of the 26th ultimo,the frost first appeared, and many fields of corn and buckwheat were totally destroyed, and others more or less injured. The neighboring counties have also suffered from the same cause, and we learn that in Butler county, ice of the thickness of a dollar was formed. The long drought which has visited us, and which has hurt vegetation very much, is at length succeeded by refreshing rains, which we hope will invigorate and revive the crops that yet remain uninjured.-Democrat.

MILL.-Among the various improvements which the borough of Norristown, Pa. is now undergoing, the COAL TRADE.-The Delaware and Hudson Canal large mill which Mr. Savage is erecting is a very im- Company have loaded with Coal, from the Lackawanna portant one. It will be over 145 feet long, and 50 wide; mines, between the first of April and the 1st of Septemwill contain two large water wheels, and all the neces-ber, 50 barges averaging 320 tons each, 11 brigs, 156 sary machinery for a rolling mill, nail factory, and other schooners, and 384 sloops, making a total of 565 wessels.

REGISTER OF PENNSYLVANIA.

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

EDITED BY SAMUEL HAZARD.

VOL. XII.-NO. 13. PHILADELPHIA, SEPTEMBER 28, 1833. NO. 300.

GIRARD'S INTESTATE REAL ESTATE. A pamphlet has lately appeared entitled "THE DECISION OF THE SUPREME COURT OF PENNSYLVANIA RELATIVE TO THE AFTER-PURCHASED REAL ESTATE OF THE LATE S. GIRARD, STATED AND CONSIDERED." After furnishing Sections IX. X. XI. XII. XIII. XIV. of the will, relating to the private Legacies-Section XXII, containing the bequest of 300,000 dollars to the state, and Section XX. relating to the residuary legacy-and the codicils-a schedule of the after-purchased Estate and the amount of Legacies paid, is inserted. Then follows an account of the amicable actions of ejectment entered before the Supreme Court, for the purpose of deciding to whom belongs the pro perty contended for. Those proceedings, and the opinion of the Court, are now inserted.

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The following is a copy of the agreements under which they were entered, and also of the cases stated for the opinion of the Court.

Amicable action in Ejectment, for the following described Real Estate.

Two houses and lots on Walnut street, between Second and Dock streets, Nos. 63 and 65, and one house and lot on Dock street, No. 61, purchased October 5, 1831, by the late Stephen Girard.

A lot of land in Passyunk township, containing 60 acres and 87 perches, purchased by the same, October 27th, 1831.

A house and lot on the north side of Coates street, west of Sixth street, purchased by the same, October 27th, 1831.

A lot of ground on the northeast corner of Coates and John streets, purchased by the same, November 2, 1831.

A house and lot in South Third street, No. 48, purchased by the same, November 4, 1831.

A messuage and lot of ground in Passyunk town. ship, having a front on Schuylkill, purchased by the same, December 1, 1831.

Stores, wharf, and dock, in North Water street, beVOL. XII.

25

tween Market and Arch streets, late Stiles's estate, purchased by the same, December 21, 1831.

It is agreed that the above action be entered to the above term, as if a Summons in Ejectment had been regularly issued and returned served, and that the description of the property, and the dates at which Stephen Girard acquired the same, may be altered and amended according to the deeds.

Case stated for the opinion of the Court, as upon a special verdict.

Stephen Girard, Esquire, late of the city of Philadelphia, Banker, died on the 26th day of December, set forth in the agreement to enter the above action, 1831-seized in fee of all and singular the Real Estate purchased by him at the dates mentioned in the said agreement-having first made and executed his last will and testament, dated the 16th day of February, 1830, and codicils thereto, dated respectively on the 25th day of December, 1830, and the 20th day of June, 1831, duly proved in the Register's office for the City and County of Philadelphia, on the 31st day of December, 1831, [prout will and codicils which are to be considered as part of this case] and leaving at the time of his death, the following named heirs at law. 1.-Etienne Girard,

a brother of

the testator of the whole blood. 2.-Antoinetta Hemphill, wife of John Hemphill, Henrietta Clark, wife of John Y. Clark, and Caroline Haslam, wife of John B. Haslam; the said Antoinetta, and Caroline being the children of John Girard,deceased, a brother of the testator of the whole blood. 3.-Françoise Fenelon Vidal, the wife of Louis Vidal, the said Françoise Fenellon being the daughter of Sophia Girard Ca. payron, deceased, a sister of the testator of the whole blood.

The defendants are in possession of all the said Real Estate. The deeds granting the Estate mentioned to the said Stephen Girard, are to be considered as part of this case.

If the Court shall be of opinion that the said Real Estate, or any part thereof, was devised by and passed under the said will and codicils to the defendants, then judgment to be entered for the defendants, for the whole or such part of the said Estate as was devised and passed. If the Court shall be of opinion that the said Real Estate, or any part thereof, was not devised by and did not pass under the said will and codicils, then judgment to be entered for the plaintiffs, for one undivided third part of the Real Estate, in the agreement mentioned, or for one undivided third part of so much thereof as was not devised by the said will and codicils, to the defendants.

The cases were argued, and

On the 29th March, 1833, judgments were entered in favour of the plaintiffs in each suit, and the following opinion of the Court was drawn up by

GIBSON, C. J-In the report of the judges on the statutes, nothing is said about the 32 and 34 Hen. 8, which are therefore to be taken as not in force here; but whether they were considered as having never been

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