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the Milford Bluffs, requiring ter race and slope wall, except a small part near the Vandemark; cuts into the point of the bluff near the south end; dam at Sawkill, with a waste of 60 feet in 2 sections and extreme height of 16; slight extra cutting near the end of the mile; soil gravelly,

8th Mile takes the slope of the second bank back of Judge Brinks', and continues it to the end. Soil generally easy dig ging, with a mixture of gravel in places,

9th Mile. Extra cutting on a short distance near the beginning; passes close in front of W. Brink's barn, and thence makes a straight course, with ordinary cutting through a fine arable flat; very easy digging; light loam,

10th Mile continues on a line with the preceding, very nearly, to the crossing of Ramyskill, and so passes 60 yards east of the present Bridge. Lock No. 4, north side of Ramyskill, graduates the line to the crossing level; lock No. 5 near the end of the mill. Slight extra cutting at the point of hill, south of Ramyskill; arable flats, light loam,

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11th Mile continues near the foot of the upland, on favourable ground, to 700 yards, the beginning of Cave Bank; thence terrace and slope wall to the end. Clay loam on the first part, loose, indurated clay on the last,"

12th Mile. Bluff bank continues 880 yards, the line then cuts in with an extra cutting of 11 ft. above water, to which runs to surface cutting near the end of the mile. Soil of the bank light sand, inclining to wash; sandy loam on the last part, and very easy digging,

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13th Mile closes on the upslope, and cuts in at 500 yards, then moderate extra cutting on the brow and face of the general slope to the end; soil on the first part light loam, then stoney,

14th Mile. Three hundred yards same as the preceding, then fine arable flats for 1200 yds; ground then becomes sideling, & requires slope wall on a small portion rear the end; soil, light loam with some gravel; stoney near the end,

15th Mile. Slope wall continues to 150 yards. The line then gains the flats, with slight extra cutting, and continues on favorable ground to the end, except an embankment at Dingman's cr'k; soil, sandy loam,

16th Mile, Descends by lock No. 6, to a lower level, and passes wholly through fine arable flats; soil, sandy loam,

17th Male passes wholly thro' VOL. III

14

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4,527 20

3,815 60

400 yards, then deep cutting the same distance, from 23 to 12 ft. above water, small embankment at Daniel Hornbeck's, and then flats to the end; soil, sandy and 5,554 40 sandy loam-very easy

20th Mile. Ground on part of the distance slightly rolling; soil, light loam

21st Mile. Passes on to the wheat plains-fine arable flatsLock No. 7 near the end. Sandy

4,372 80 loam; very easy

3,404 00

4,220 20

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22d Mile. Continuation of the wheat plains-soil as before

Lock No. 8 near the beginning, -7,593 20
23d Mile. Flats generally of

8,955 80

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sandy loam and gravel,

24th Mile. Flats to 360 yards from the end, the line then closes to the up-slope on the line of the

16,075 60 18,493 60 present road; soil, sandy loam,

except at the end, which is indu-
rated clay and soil

25th Mile. Continues near foot
of up-slope, and in part on the
line of the present road to 350
yards from the end Flat barely

16,794 40 18,218 40 sufficient for the canal on part of

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4,628 00

14,038 60 15,321 40

the distance-wider near the end
-Sandy loam & indurated clay, 4,181 60
26th Mile passes through fine
flats to the crossing of Bushkill.
Lock No. 9 at the north end of
the dam; waste weir of stone,
average 12 feet high, 50 yards
long in five sections. Embank-
14,692 00 16,412 40 ment 330 yards, running 240 on
to the next mile
27th Mile. From the guard
lock at the Bushkill dam 610
yards to the beginning of Green-
land, ground not unfavourable,
9,269 00 then steep rocky sideling to the
entrance of the tunnel 640 yds.
Tunnel 266 yards long-Rocks,
limestone and slate. [Tunnel,
&c. $19,408 00.]

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41,219 70 47,338 45

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31st Mile. Locks down near the beginning, and runs on favourable flats to the end.

stoney towards the end,

9,771 60 11,324 40

nine

Soil,

7,681 60

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7,720 60

8,957 20

44th Mile. Passes for
hundred yards at the base of the
9,198 40 up slope requiring slope wall in
part, then flats-embankment &
culvert on Kobses' kill. Gravelly 9,127 20
45th Mile. Runs on the line of
9,085 40 lowest ground west of Hageman's
and near the foot of the up-slope
-extreme depth of cutting 9
feet above water. Soil, clay and
9,919 40 gravel -

46th Mile. Ordinary cutting
and favourable ground through-
out; soil, part sandy, part clay
and gravel

47th Mile. Ground rather rolling on the first half mile. Locks No. 15 and 16, near J. Auter's.

14,511 60 16,059 60 Remainder very favourable; soil,

clay and gravel on the first part,
sandy loam on the last

48th Mile. Very favourable
flats; soil, light sandy loam
49th Mile. Closes upon steep
second bank and runs sideling

12 near beginning; sandy soil, 11,864 00 13,607 20 on the chief part of the distance

36th Mile. Through flats geneally favourable, slight extra cutting at Bylenberger's, crosses Vancamp's creek. Sandy loam $7th Mile. Passes 525 yards of bluff, of which 225 are rocky, the residue in flats and very favourable

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38th Mile. 270 yards bluff, then flats to the crossing of Broadhead's creek, which requires a wooden aqueduct 240 feet long in bays, then 250 yards embankment to the higher flats, which are favourable on the remainder. This section includes also a dam across Broadhead's creek above the aqueduct and 400 yards of feeder,

39th Mile. Crosses Cherry creek, and winds round the face of a rocky hill 350 yards, then 200 yards easy digging to the entrance of the Water Gap, through which the line continues, with terrace and slope wall, to the end. Lock No. 13 at the entrance of the Water Gap

40th Mile. Continues through the Gap to 70 yds. from the end; soil chiefly loose rocks and earth

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41st Mile. Leaves the Gap at 70 yards, then slight extra cutting on 700, remainder generally favourable; sideling near the end, soil sandy loam

42d Mile. Runs on sidelings, requiring slope wall in part to 800 yards, the remainder flats; soil, clay and gravel on the first part, sandy loam on the last,

43d Mile. Twelve hundred yds. intervale, the remainder side hill intersected with ra

3,400 60

-four hundred yards requiring slope wall. Lock No. 17 at the beginning. Soil, inclining to 4,012 40 gravelly, easy digging

50th Mile. Favourable flats to 1100 yards, then a steep gravelly bluff to the end. Lock No. 6,844 20 7,717 90 | 18, at the beginning of the ter

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53d Mile. Slight terrace at the
beginning, then flats half a mile,
then face of second bank to the

end--cuts in slightly near the
end; soil, gravelly, stoney near
the end

54th Mile. Has choice of le-
vels and easy digging to two
hundred and twenty yards from
the end, where the limestone
25,969 80 30,073 40 ledges of Foul rift commences,

15,909 60 18,951 60

7,714 00

8,209 20

and run to 12 feet above water
at the end. Channel to be cut
without slopes

55th Mile. Limestone ledge
to four hundred yards; extreme
depth 12 feet above water, occa-
sional ledges on the four hun-
dred following. Line then de-
8,924 00 scends by Locks No. 19 and 20,
and runs on flat with easy dig-
ging to the end. Lock No. 21 in
the flat

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13,205 20

14,664 40

15,290 00 17,325 80

9,197 80 10,379 40

18,840 00 20,838 00

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: 23,120 00 27,970 00 56th Mile. Through flats, very 9,156 40 favourable. Lock No. 22 at five hundred yards. Soil sandy loam, 8,158 80 57th Mile. Passes face of an iron bank three hundred yards,

9,338 20

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Small

Canal.

Large
Canal.

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requiring terrace, then two hundred yards in flat, then eight hundred yards-steep slope requiring terrace, of which 450 rocky-the remainder flats

58th Mile. Very favourable ground to four hundred and forty yards from the end, then commences a gravelly bluff, requiring terrace, &c. Lock No. 23 at commencement of slope wall; soil clay and gravel

59th Mile. Bluff continues six hundred and sixty yards, the line then cuts in and runs on favourable flats to the end. Gravelly and sandy loam,

60th mile. Flat continues favourable one hundred and twenty yds. then rock cutting round face of steep slope three hundred and thirty yards, and part rock one hundred and fifty further to Martin's creek. Moderate embankment between Martin's creek and Howel's tail race, after which flats to No. 24-sideling below the lock, and small portion of rock near the end

61st mile. Through flats with favourable levels, and easy soil. Culvert and embankments at Sandt's

62d mile. Favourable on the first half mile, passing back of Sandt's, line then crosses to the upland with points of rock.Lock No. 25 at the commence

14,556 40 16,069 20

ment of the steep below which
terrace and slope wall are par-
tially required. Sandy loam and
gravel

63d mile. Steep bank conti-
nues, with points of rock, to
four hundred and forty yards
from the end, requiring terrace,
&c. remainder favourable levels
and easy soil

64th mile. Passes on favoura13,409 00 15,205 40 ble ground to lock No. 26, then descends by three locks into the head of the Delaware basin, at the point of the Wygaat mountain-remainder of the mile, six

11,458 40 12,644 00 hundred yards, to be terraced

with tow path only

13,617 60 15,595 20

11,466 00 13,138 00

19,502 60 22,245 20

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65th mile. Tow path and slope
wall; shore generally favourable 7,587 60
66th mile. Tow path and slope
wall, generally favourable; cros-
ses Bushkill

Fractional remainder from the
end of the 66th mile to the mouth
of the Lehigh, 126 rods, passing
under Delaware bridge, 330
yards opposite the town of Eas-

19,051 60 22,062 00 ton, done with piers and bridges 7,806 30

4,471 20

7,806 30

5,477 80

716,798 80 825,502 10 Engineering, superintendence 60,000 00 60,000 00 and contingencies, Total cost for 66 6-10 miles, $776,798 80 885,502 10 $11,678 64 $13,319 62 Cost per mile,

Estimate round the bend at Walpack, beginning at the north end of the tunnel, and ending with the 28th mile of the located line. Rocky bluffs 880 yards, then slight embankment, and flats generally to the end; gravelly and sandy loam. Distance 4340 yards. Estimate, viz:

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64th Mile runs on favourable ground with ordinary cutting, 1140 yards to Lock No. 26, thence turns round the

point of the Wygaat with terrace and slope wall.

5,965 50

Estimate, viz:

Excavation in earth,

Terrace round the mountain,

Slope wall,

Culvert,

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21,560 yards at 8 cents, 1,724 80

46,600

20

9,320

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6,600

30

1,980

1,980

300

300

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600

600

240

240

21,333 60

65th MILE, near the river bank but without exposure, except 500; mixture of rock on this part, otherwise san

18,628 80

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66th MILE runs on a flat three hundred and eighty yards, then locks down and keeps the steep slope to the crossing of the Bushkill. and ends one hundred and ten yards further south, Stoney along the slope with points of rock. Estimate, viz: Excavation

14800 yards at 8 cents 1184

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18800 yards at 8 cents 1504
67860
12

8143 20

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Fraction of a mile, one hundred and twenty six rods from the end of the 66th to the Lehigh, requires strong embankment in front of the town and under Delaware bridge. Lock No. 28 graduates the line to the head line of the lower canal. Estimate, viz:

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The instrumental survey upon which the foregoing report is based, was commenced on the thirtieth of June, and ended early in August. My assistants were Lieutenant Ross, leveller, Lieutenant T. B. Brown, topographer, Absalom Nyce surveyor, and Lieutenants Chare and French volunteers, to all of whom I am under many and great ob ligations. I have the honour to be, &c.

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In the Supreme Court of Pennsylvania, at Nisi Prius, before Todd, Judge.

Stephen Girard. January 29th, 1829. This was an amicable action of Assumpsit, commenced by agreement, signed the 22d November 1822, and filed on the 27th of the same month; and brought to recover the sum of $1059 673 with interest from the 7th January 1817. The transactions which gave rise to the suit, as appeared by the evidence upon trial, were as follows:

D. B. DOUGLASS.

five dollars in specie, and $25 more in specie or funded debt; every subscriber being required to deliver to the commissioners the specie and certificates of the public debt, with a power of attorney, authorising the said commissioners or a majority of them, to transfer the stock to the bank, as soon as it should be organised.

$3,000,000.

The plaintiffs had made arrangements to subscribe for 2825 shares, equal to $282,500, and for that purpose had deposited in Mr. Girard's bank $14,125 in specie, and held $70,625 of public debt, being the proportion required by the act to be paid at the time of subscribing.

The commissioners appointed for Philadelphia, were William Jones, Stephen Girard, T. M. Willing, Cadwallader Evans, Jr., and Thomas Leiper. The subscriptions opened on the first Monday in July, and continued for twenty days; were found to fall short of $28,000,000, and in consequence were opened again at Philadelphia on the 26th of August, 1816, for the The act of Congress, of April 10th, 1816, "To in-amount remaining unsubscribed, which was about corporate the subscribers to the Bank of the United States," provided, that $28,000,000 should be "subscribed and paid for by individuals, companies, or corporations;" and for that purpose directed, that subscriptions should be opened on the first Monday in July 1816, at certain places, to continue open for twenty days. If the subscriptions within that time, should not, in the aggregate, amount to $28,000,000, the books were to be and remain open at Philadelphia, under the superintendence of the commissioners there, and receive subscriptions of individuals, companies, or corporations, to the amount requisite for completing the 28,000,000. These subscriptions were to be paid, one-fourth in specie, and three-fourths in specie or funded debt of the United States at certain rates: and for each share of $100, there was to be paid at the time of subscribing

On the 26th August, 1816, the books were opened the second time, and the defendant, who was one of the commissioners, was about to subscribe, when Mr. Evans, another commissioner, apprehending that Mr. Girard would take the whole balance, intimated his wish to make a subscription. Mr. Girard gave place to Mr. Evans, and allowed him to subscribe for 100 shares, and then said to the gentlemen present, "If any of you wish to subscribe for yourselves, or your friends, you can do

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1." Nobody offering besides Mr. Evans, the whole remaining amount was subscribed by Mr. Girard. When the board of commissioners adjourned, Mr. Wm. Jones, one of their number, met Mr. M'Ewen, a partner in the plaintiff's firm, who appeared a good deal excited, and complained of want of opportunity to subscribe, what he had prepared for by a deposit of specie in Mr. Girard's Bank, and stock which he had got ready Mr. Jones related to Mr. M'Ewen, what had passed at the time of Mr. Girard's subscribing, and said he thought Mr. Girard would let him have the amount he had prepared for. Mr. M'Ewen expressed a wish that Mr. Jones would speak to the defendant on the subject, which he accordingly did, informing the defendant of the complaint made by Mr. M'Ewen, that he had prepared to subscribe, but was precluded by Mr. Girard's taking the whole balance; and also stating to him that he had mentioned to Mr. M'Ewen what Mr. G. had said at the time he made his subscription. Upon this application, Mr. Girard agreed to let the plaintiff's have the amount they wished; nothing was said as to the terms on which the plaintiff's were to have the stock. Mr. Jones informed Mr. M'Ewen of the result, and on the 27th of August, 1816, the plaintiffs paid Mr. Girard the sum of $14,125 in specie, and transferred to him, public debt to the amount of $70,625. The defendant on the same day delivered to the plaintiffs scrip certificates, promising transfer when the bank should be opened, and subsequently transferred 2825 shares of the stock of the United States Bank to various persons, agreeably to the directions of the plaintiffs.

The Bank of the United States was not organized until the 4th of November 1816, and of course the public debt held by subscribers was not transferred to the bank until after that date. The quarter's interest, which became due on the first of October, remained on the books of the Loan Office to the credit of those persons who held certificates of public debt; and Mr. Gi rard, holding the stock which had been transferred to him by the plaintiffs, received, on the 2d of October, 1816, the interest then due thereon, amounting to $1059 67.

Immediately after the Bank of the United States was organized, a question arose in the Board of Directors, as to the quarter's interest upon public debt, the legal title to which had been in subscribers on the 1st October, when the interest became due. Mr. Sergeant, one of the directors, on the 5th November, 1816, offered a resolution, that subscribers be required to pay into bank the proportion of the quarter's interest which accrued after the dates of their respective subscriptions, and the resolution was adopted. On the 7th November this resolution was reconsidered and recommitted. On the 25th a substitute was reported and rejected, and the resolution of the 5th was rescinded. On the 7th January, 1817, the Board passed a resolution by which they relinquished all claim upon the quarter's interest, and directed what had been received from subscribers on that account, under the resolution of 5th November, 1816, to be returned to them.

The plaintiffs in this case claimed of the defendant the payment of $1,059 674, the quarter's interest upon the public debt transferred to him by them on the 27th of August, 1816, which interest he received on the 2d of October, 1816; together with interest on the said $1,059 67, from the 7th of January, 1817, the time when the bank relinquished their claims, as above stated.

The defendant pleaded non assumpsit and statute of limitations.

T. Sergeant and C. Chauncey, the counsel for the plaintiffs, insisted that the contract between the parties was to be ascertained from all the circumstances of the transaction, and must be taken to have been that the plaintiff's should be placed by the defendant in the same situation as if they had actually subscribed for the 2,825 shares. Had the plaintiffs been actual subscribers they

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would have received the quarter's interest, and would have had a perfect right to it upon the bank's relinquishing its claims. As to the second plea, they said the suit was brought in good time. The plaintiff's had no cause of action until the relinquishment by the bank,. viz Jan. 7, 1817. The agreement to enter this action was signed on the 22d November, 1822. Until the bank relinquished its claims, the defendant held the money as a trustee to pay to the bank, if the bank claimed; but in case the bank relinquished, then to pay to the plaintiffs. The bank had a right to this interest; if the plaintiffs had been actual subscribers they would have received it on the 2d of October, but would have had no right to it until the bank relinquished it. J. R. Ingersoll and Binney, for the defendant, contended that the contract between the parties was simply for the sale of 2825 shares of stock to the plaintiffs. The defendant had fulfilled his part, by transferring the shares to such persons as the plaintiff's directed, and thus the business was at an end. Mr. Girard had subscribed, as he had a right to do, for the whole balance, and thereby rendered a service to the public, because the amount required to be subscribed by individuals, &c. might otherwise not have been made up. Mr. Girard gave his money for the stock, and the plaintiffs were to have a certain number of shares for their money. There was no agreement until the 27th of August, 1816, when the defendant gave the plaintiffs scrip certificates, by which he engaged to transfer so many shares, as soon as the bank should be opened. This he had done.

If the plaintiffs ever had a cause of action, it accrued on the 2d October, 1816, when the quarter's interest was received. The Bank never had any right to this interest, and the resolutions passed by the Directors amounted nearly to an acknowledgment that they had no right. The defendant was a purchaser of the stock and was entitled to the interest which became due upon it. The plaintiffs, at all events, could not recover for the proportion they purchased as agent for others; and, it appeared only a small part of the 2825 shares was for themselves.

Todd, J. charged the jury to the following effect: There are two questions in this case. 1st. Had the plaintiffs ever a legal right to the money in dispute? 2d. Have they now a right to receive it in this suit?The defendant agreed that the plaintiffs should have some of the shares for which he had subscribed, he let them into an interest in the subscription; the plaintiff's advanced the funds, or replaced the next day what the defendants had paid. The quarter's interest on the public debt transferred by the plaintiffs to the defendant, was paid to the defendant and held by him.

The act of Congress, section 3, is material. It contains these words: "Together with the amount of interest up to the time of subscribing." The construction of the commissioners would not have occurred to me. I think the commissioners ought to have credited subscribers at the time of subscribing, with the amount of interest up to that time. Perhaps I am wrong. The sixth section provided that the interest on public debt paid to the bank for the subscription of the government should be paid quarterly, to commence from the time of the payment on account of such subscription.

The first of the questions, I have stated, is a question of fact for your consideration: my opinion is not to bind you. Was this a purchase and sale of so much stock? If it was, nothing is due to the plaintiffs: or, was the contract, that the plaintiff's should stand in the place of the defendant as subscribers? This you will determine. Had the defendant a right to take the whole balance of 30,000 shares? Yes, if no one else appeared for the purpose of subscribing, but if others did appear, and wished to make subscriptions, I think he had not such a right. (The Judge here read the provisions of the act in case of the first subscription falling short.) It was the duty of the commissioners to keep the subscription open, for some time undoubtedly. The citizens gene

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