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Page:United States Reports, Volume 2.djvu/191

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%UPR£l|E Count ok Pd·xry’j[venid.' 185 ` powerof 'a °n the Clerk of the M s Court of Pbi- _ rygée Tadzqbb, .,;"1°`.£“..‘i inthe Governor, or tzogorporation of the iréw g ci ` P . . . . . . . = glflre cafe was argued at the lair Term by the Attorney General ; for the State, and by E. Elk-l•m.rn, for 'tbe Corporation. The Attorney General contended, that the `Clerkofthe Mayor': 'Caurt is an ollicer of the Commonwealth. In.the a& of incorL porationffa o:L Dall. Edir.·p. 66o, pf?. rg.] the powers of the · Aldennen are delined; but nothing is faid of the appointment of the Clerk. The fines impofed for ofences againit the `Com- monivealth are to be paid into the State Treafutiyg and the Clerk is the olhcer, who not only keeps the records o the eonviétions, but colle&s the__£nes. { 15.10. ao.) The Court is, in faél, a Courtof %;{arter Seilions for the City; and there is as much reafon to err, that the jultioes of a Court oi Quarter Sellionb {or any County have a right- to appoint their Clerk, as that the , Mayor,or Recorder, and Aldermen have a right to do fo. If; then, he is an oiieer of the Commonwealth, the Conllitution exprefsly ovidee that 'rhe Govemor ••iha1l appoint all oiiicers Whole oigices are eiiablilhed by this Conllitution, or lhall be eliablillred by law, and iirhofe appointments are not herein other; wifeprovided for? Aft.4IL Sei?. 8. E. . , _ . Yigbnan {lated, that the true queition iivas, whether the aék of Incorporation gave to the Mayor; or Recorder, and 2ldermeti· the power of appointing the Clerk of the Mayofs Court ? By the gdfm of the VIL Article of the Conliitution it is providrd; that “ the ri@ts, privileges, immunities and eiiates of religious lbcietics and corporate bodies lhall remain, asif the_Conliir·.ztion of _ this State had not been altered or amended." lf., there- fore, the Corporation previoully poll`eH`ed this power; in ex3— clulion of tlie Supreme Executive Council, ihe Corporatioii now pollelles it in exclulion of the Governor; and fo it becomes the cafe of an oilicer “ whole appointment is otherwiie provi: ded for,¥’ within the exprefs exception of the 8th l`e&. of the ll. article of the Conititution. It is, then, to be conlideted; either tlratthe Corporation at large acquired the power, under the law blylwhich it was inllituted; or that the Mayot’s Court . acquired e right of appointment, as an incident to their jurilk diélion; and the lair feéirion of the Ac} of Affembly direéls the moli favorable conllruéition to he made, for the benefit of the Corporation; Thus, the ggtiifré?. enaéls “ that for the well go- verning of the City, and the ordering the ahirs thereof, there {ball be fuch other oiiictrs therein, and at fuch falaries, or other compenfation, as the Mayor, Recorder, Aldermen and Common Cotmcilmen, in Common Council atlhmlrlcd, fh¤lldire6l"; and if the Clerk of the Mayor’s Court may julily be- deemed an ofé ficer ·t1eteHiu·y, or trfehd, ¢• for the ;vel1·gcrerui¤·g of the City,. . Aa and