He attended the sale; became the purchaser at the sum specified. How then was he to secure the State, but by taking a deed in its name, for the premises purchased with its own funds? Taking a deed in his own name, would not have secured the State, and would have been at least as direct a departure from the words of the act as the mode he has pursued. The Treasurer, throughout the whole transaction, was nothing more or less in Legislative contemplation, than the agent of the State. As such, he attended the sale, and become the purchaser; and as such, directed the Sheriff to make the deed in the name of the State, to secure, as he was directed, the tax assessed; and I can see no other mode by which he could have fulfilled that provision of the law with safety to himself. If the Treasurer may be considered as the agent of the State, it will not be denied, that a delivery of the deed to him, as agent, is as amply sufficient as if such delivery had been made to his principal:-But it is said, the State is not bound by this deed; nor have they accepted it. The Legislature have been thrice in session since this sale was made; and we have not heard a particle of objection to the proceedings of the Treasurer: and that they have accepted the deed, is in proof on the records of this Court; how else has the State become the lessor of the plaintiff? But it is said this is a private law, taking away the property of individuals, without trial or appeal, and must therefore, be strictly construed. The distinction between private and public laws, is well defined in 1 Blac. Com. 86. "The statute of the 13 of Eliz. C. 10, to prevent spiritual persons from making leases for a longer term than twenty-one years, is a public law, being a rule prescribed to the whole body of spiritual persons in the nation. But an act to enable the Bishop of C. to make a lease to A. B. is a private act, concerning only the parties. The act in question is entitled, "An act to tax bank Stock," and enumerates all the banks then in the State. [*] How then can it be called a private act? It is true, that statutes giving a new power of jurisdiction, must, in general, be strictly pursued. But there is a still higher rule: That all acts made pro bono publico, are to have a li beral construction; and highly penal statutes are often taken by intendment, 1 Strange, 253 and 6. This being a public act, for the support of Government, must receive that construction which will best carry the clear intentions of the Legislature into effect. This intention was, by express words, to secure the payment of the tax due from the Bank to the State; and the Treasurer appears to have pursued the most direct means in his power to effectuate that intention. An exception has lastly, been taken to the form of the deed itself, by one of the counsel for the demurrants—“That in the premises, the estate in the Jersey Bank in the lands in question, at the time of passing the law, is granted, and the habendum adds, at any time afterwards. As the granting and conveying part sells all the rights held on the 2d of November, the habendum cannot enlarge the grant, and as there was no lien on the lands on the 2d of November, the deed is void." In Cowper, 600, Lord Mansfield says, "the rules laid down in respect to the construction of deeds, are founded in law, reason, and common sense; that they shall operate according to the intentions of the parties, if by law they may; if not in one form, yet in another, to effectuate that intention." In 2 Blac. Com. 302, it is laid down, "that if the words of a deed clearly and legally declared the parties' meaning, it is sufficient." And again, "the office of the habendum is to determine what estate or interest is granted by the deed; though this is sometimes performed in the premises, in which case, the habendum may lessen, enlarge, explain or qualify; but not totally contradict, or be repugnant to the estate granted in the premises." The habendum in the Sheriff's [*] deed, grants the estate that the Jersey Bank held on the 2d of November, and at any time afterwards." This, though it may enlarge the grant in the premises, is not repugnant to it. The Sheriff's authority to sell, commenced at the time the execution was put into his bands. In consequnee of this power, he sells all the right of the defendants at the time the lien took effect; his power extended no further; to convey such right, was clearly his intention, as well as the expectation of the grantee; and, in my opinion, this intention is well expressed in the instrument itself. Several other points were taken by some of the counsel for the demurrants; but as they were not strongly urged, I do not think it necessary to notice them particularly. As this is a cause of considerable magnitude, and has excited much feeling in this State, I lament that circumstances have deprived me of that assistance which I might have reasonably expected, from the opinions of my brethren. But from the best consideration of this subject I have been able to give it, from laborious investigation, I am of opinion, that the plaintiff have judgment. (a) Judgment for plaintiff.* (a) This judgment was affirmed by the Court of Appeals in Jan. 1816. MAHLON DICKINSON, Esquire, having been appointed Third Justice of this Court, in vacation, between September and November Terms, in the place of Justice PENNINGTON, and not having heard the argument, gave no opinion. INDEX. (THE PAGES IN THIS EDITION, ARE REFERRED TO.) ABATEMENT.- Plea in, for illegal service of summons, Sec Dower, 564, Ejectment, ACCOUNT.-See demand, state of. Copy of, above $100, to be reduced by specific Page. 41 447 150 What to contain, 74, 120, 263, 311, 545, 394 { Items to be stated, 412, 418, 527, 710,753 118, 412 Without particularising dates, sufficient, $45, 418 As a set-off, what to contain, In Orphan's Court, removed by certiorari, See book of account, On book, is not assignable, Not settled by giving a note, 103, 104. 455 113, 262, 484 665 671 702 754 ACKNOWLEDGEMENT. Of feme covert, to a deed, must be legal, to bar dower, 513 ACTION.-See Covenant, Debt, and the various beads. So, on bond conditioned to deliver goods, 516 61 238 391 473 1, 91, 503, 597 596, 597 618 For township's money, to be in its corporate name, When Sustainable. Against a constable for illegal sale, 312 Conversion of goods levied on, 316 By a mother for seducing daughter, in her father's ACTION.-When Sustainable. By a joint purchaser against another, Selling and taking hired oxen, In case, for not delivering goods sold, For money paid on execution for a co-defendant, Malicious civil suit, After judgment confessed, for money omitted, or paid by mistake. In justice's court, for overflowing land, Assumpsit in justice's court for a chair, 454 484 534 631 633 658 692 712 725 752 762 Against master for not learning unbound apprentice, 764 When not Sustainable. Against Overseers of Poor, officially, Bastard's father, for support, before order By Overseers of Poor, for township's money, For taking Oysters in common navigable waters 284 By two, for an injury done to one of them, Damages caused by plaintiff's neglect, Against Administrators for Son's support after the father's death, By widow, for boarding heir's slave, without request, 315 In Collector's name, for township's money, Between partners, in debt, on unsettled accounts, Against agent for his principal's default, 317 397 463 473 478 490 502 503 504 504 By a partner against another, for mismanagement, 526 532 |