Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in the Eastern District, Vol. 1
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Excerpt from Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in the Eastern District, Vol. 1: With References to Cases in the Subsequent Reports; Containing the Cases Decided at December Term, 1835, and March Term, 1836 In the case of I Roberts, it appeared by affidavit, that application had been made to the County Commissioners, for the necessary order on the Treasurer, about the 8th of April, and at several subsequent times. In the case of Clyde, the order of the Quarter Sessions was made on the 11th of December, 1835; and application was made forthwith. The County Commissioners declined compliance with the order of the Quarter Sessions, on the ground that there were no funds in the County Treasury applicable to this purpose. And now, on the return of the rule, Dallas for the County Commissioners, read their affidavit, setting forth in substance: That they had ascertained from the Treasurer of the County, that there did not exist at the time, and had not existed during the current year, adequate funds for the payment of the said damages; the moneys in the Treasury having been applied to the payment of claims of a prior date, and to the current expenses of the County. That the deficiency had arisen from circumstances beyond their control. Desirous to levy for the public exigencies a sufficient sum, at the highest rate authorized by law, to wit: "at the rate of one cent in every dollar of the adjusted valuation" of real and personal property, they submitted their exposition of the wants of the County to "The County Board" as they were bound to do, on the 20th of April, 1835, and asked their consent and approbation to the assessment of the County rates and levies. But the Board did not assent, but restricted the assessment to the rate of three-quarters of one cent on every dollar, making a difference between the sum which they asked to be empowered to raise, and the sum which they were limited to, of $219,267, and causing an estimated deficiency for the current year of about $250,000. That they were restricted by the act of 10th April, 1834, entitled "An act for erecting the County Board," &c., from laying any tax or borrowing any money without the consent and approbation of the said County Board; and by a proviso in the sixth section of the same act, no meeting of the said County Board could be held at any time during the session of the legislature. After setting forth particularly the state of the County funds, the return concluded thus: "The undersigned do not think it their duty, as public agents, to continue drawing orders upon a treasury which they know to be in effect empty. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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