Respublica versus The Guardians of the Poor of Philadelphia

April Term, 1795. Respublica versus The Guardians of the Poor of Philadelphia. THIS was a motion for a mandamus, commanding the defendants to proceed to another election of the managers of the House of Employment. By the act of Assembly, passed the 25th of March 1782 (2 Vol. Dall. Edit. p. 17.) it was declared, that “the Guardians of the Poor in the City of Philadelphia shall half-yearly appoint fix of their number, to superintend the Alms-House and House of Employment;" and it was agreed, in point of fact, that the Guardians, of the Poor had uniformly made the half-yearly appointments; but, with a view to ensure the benefited experience, they had always taken care to keep three of the fix old managers in office, 'till the last election, when six managers entirely new were appointed. Bradford and Ingersoll, in support of the motion, contended, that the usage of re-appointing three of the old managers, was beneficial, and ought to be considered as the genuine construction of the law. Rawle, in opposing the motion, admitted the usage, but insisted, that, on the terms of the act of Assembly, the defendants were authorised to appoint fix- new members at every half-year election. [MAJORITY] The Court, after advisement, rejected the motion.