The Journal has been enriched this year by the publi cation of meteorological observations; a subject which had been heretofore unattended to, but which in the present state of science should not be neglected. These are interesting, as it is believed that there are very few meteorological tables regularly published at this time in the United States. The investigations, commenced two years since, on the subject of water power, were carried on with a perseverance and devotion on the part of the committee to which they were intrusted, that entitle the results which they have obtained to the fullest confidence. That the range of their inquiries was extensive, and the attention bestowed upon each part, minute, will appear from that portion of their report which has been laid before the public. Those who had expressed surprize at the length of time which elapsed, before the commencement of the publication, have ceased to wonder at it, since the extent of their calculations has become manifest. The published part of the report already includes sixty pages, and contains the results of 694 experiments, the effect of each of which has been subjected to minute calculation. The residue will be published with as much rapidity as can be done, consistently with the numerous engagements of the gentlemen who are preparing the report. The committee charged with the investigation of the causes of explosions in steam boilers, have also been zealous in the pursuit of the subject intrusted to them. An extensive diffusion of their circulars produced an accumulation of reports and communications, some of which contain much instructive and interesting matter. As the curious facts which it embraces seem to deserve immediate publication, a selection was made from the mass, and the publication has been continued for several months; adding, it is believed, to the interest of the Journal. In addition to this, the committee have made experiments upon many of the points which were deemed deserving of particular investigation, and have expended about one half of the fund which was placed at their disposal for that purpose. It is hoped that the whole of the experiments will be completed in the course of a few months, when their results will be brought before the public. The Institute have also commenced an investigation of much interest, into the resources of our great commonwealth, considered in relation to its industry and manufactures. It is one of the peculiarities of a country situated as ours is, that the constant increase of its wealth and population, as well as the great fluctuations produced by it, renders the task of collecting statistical information extremely difficult, while at the same time it becomes the more important. With a view to contribute their aid in this respect, and disavowing all considerations not strictly scientific, the Institute have raised a committee for the purpose of attending to this subject. The Board merely introduce a notice of it here, in order that the report may embrace a connected view of all the subjects which receive the attention of the Institute. For the same reason, they would state that, it having been ascertained that a representation to the Secretary of State on the subject of the existing patent laws would be kindly received, a committee was raised in the Institute for the purpose of addressing a memorial to him on that subject, and that there is reason to hope that at an early day, the existing system, which is confessedly very defective, will be considerably improved. The library of the Institute is receiving some additions; and the accessions by way of purchases, exchanges, and donations, are such as to give it increasing value. The reading room is daily becoming more attractive, and forms a useful point of union for our members. The Board regret that the limited means of the Institute do not admit of giving to the library that extension which its importance deserves. The subject must be borne constantly in mind, in order that advantage may be taken of any favorable contingency. The collection of models and minerals is in the same condition as at the last annual meeting. It is to be regretted that the finances of the Institute do not admit of any appropriation for their increase, but the Board recommend it to the zeal and liberality of their members to lose no opportunity of securing its extension. Experience has proved the inconvenience attending the want of a collection of the objects that are used in the arts as raw materials, or that result from the various operations practised in laboratories and workshops. To the lecturer on chemistry, such a collection would be of immense advantage, and to the students it would be highly useful by bringing many objects before their eyes and stimulating them to inquire into their nature and properties. Such a collection would not be expensive, but would require much time and assiduity to complete it. It is understood to be anxiously called for by our professor of chemistry, and the Board recommend it to the early attention of their successors in office. There is a committee of the Institute, the duties of which are of the utmost importance, and which has, it is believed, been of some benefit to many respectable and ingenious mechanics: we allude to the committee charged with inquiring into all inventions submitted to them, and reporting upon their merits. Its duties are delicate and difficult, but they have hitherto been conducted in a manner to be useful to the applicants, avoiding all causes of offence to those whose inventions they are unable to commend. During the past year many applications have been made to them, most of which have been disposed of by reports. This committee, as well as most of the standing committees, hold stated meetings once a month at least, and some even once a week. These frequent meetings, although consuming much time, are found to advance very much the interests of the various departments committed to them. The Board have pleasure in informing the Institute that the diploma of membership, which it is understood has been anxiously wished for by many of the members, has been executed in a manner which they think will be creditable to the taste of the Institute, as well as to the state of the arts in our country. It will be ready for distribution among the members, as soon as a sufficient number of copies can be printed and prepared. There is an object to which the attention of the Institute was called at the time of its origin, and which it has not yet had the means of carrying into execution. Its importance, and the calls for it, are, however, increasing from day to day. We advert to a chemical laboratory, devoted to practical operations, either in analytical or technical chemistry. There is at present no such establishment in the city; we believe there is none in the United States. In a place where the arts and manufactures are daily extending in importance and value, the want of it is greatly felt. Our lecturers on chemistry have their time too much occupied by the preparation of experiments for their lectures, to be able to attend much to the practical instruction of pupils. The few professors, who are disposed to receive youths in their laboratories, make this, at most, but a secondary object; it is with them rather a matter of favor than of business. The advantages which France has derived from the able chemists that were instructed in the ancient laboratory of the Royal Mint, and in the more recent ones of Vauquelin, and of the Royal School of Mines, are too well known to require comment. The expense of fitting up such a laboratory would probably not exceed 1000 dollars, and would be amply repaid by the benefits which it would produce. There is not at present a place in which a person having a specimen of the most common iron or lead ore, can have it tested, or its value ascertained. A member of this Board, who at one time pursued this subject professionally, but who has relinquished it entirely, states that he has had more applications during the last year than he had during the four years that he kept a laboratory open in this city for that purpose. It is not improbable that if one were now established, and placed under the care of a skilful and competent individual, the expenses of it might be defrayed by a very reasonable charge for the instruction of pupils, and a small fee on all minerals and other matters brought for analysis or examination. To the community at large, the benefit would be very great, and to the Institute the establishment would be highly creditable. The Board recommend it to the early attention of their successors in office. During the last year, the Board have elected 264 new members, and have received the resignation of twenty; making an accession to our members of 244, from which however some deduction must be made for deaths and removals not regularly reported to them. Among the deaths, the Board regret to number that of Mr. Joseph H. Schreiner, who for the last five years was one of their associates. The report of the treasurer hereto annexed, exhibits an account of the receipts and expenditures during the past year, leaving a balance in his hands on the 10th inst. of $478 77, against which, however, must be placed the out-standing orders drawn by the Board amounting to $818 85, and leaving a deficiency of cash of $340 08 to be paid out of the future receipts of the treasury. During the last year the following gentlemen have become life members: M. D. LEWIS, ANTHONY FINLEY, THOMAS SCATTERGOOD, ROBERT HOARE, WM. B. FLING, RUDOLPH DIETZ, The Board have not overlooked the necessity of continuing the salutary measures adopted by their predecessors for the reduction of the heavy debt incurred in the erection of their hall; and besides paying all dividends that were claimed to the amount of $1515, they have added the sum of $1053 58 to the sinking fund, which now amounts to $7398 81, reducing the debt to the stockholders to $26,601 19. All of which is respectfully submitted, by Chairman. PHILADELPHIA INSTITUTE. Patrons and Friends, It is now one year since the Philadelphia Institute was organized, and by the sixth article of the constitution it is made the duty of the board of directors to report annually their proceedings, and the condition of the Institute. The first meeting of the directors was held on the 6th January, 1831; when, after carefully considering the objects committed to their care, they elected a missionary and general agent, at a salary of $800 per annum, in order to render their plans more efficient. The person selected was the Rev. A Judson-a gentleman well known to the Christian public for his devotedness to the interests of Sunday schools, and especially as the author of the Sunday School Scripture Questions. The general agent entered immediately on the duties of his appointment, and established such meetings among the young men as were calculated to make them better acquainted with their duty towards God, and render them more useful members of society. These meetings have been unremittingly attended by the general agent, except during the warm weather, when the attendance of the young men decreased, and at the suggestion of the general agent, they were suspended for a short period. The number of young men attending these meetings was at no time so large as was desired-but notwithstanding the limited number which did attend, it is believed that incalculable blessings have attended this part of his labours among them. A number have become hopefully pious, and many more have connected themselves with temperance and other associations calculated to improve their own, and the characters and condition of those with whom they are connected. At the close of the month of November, the general agent retired from the service of the Institute, with the most friendly feelings and best wishes of the board, to enter upon another extensive field of usefulness, in the neighbourhood of the city. The Sabbath lectures are still continued, and depend exclusively upon such supplies as can be obtained. The board, however, are anxiously engaged in looking for a person with suitable qualifications for interesting young men; persuaded, as they are, that much of the success of the Sunday lectures will depend upon the peculiar tact and qualifications of the lecturer. To the authorities of the Second Presbyterian Church, the Institute is greatly indebted for the gratuitous use of their best room in Cherry above Fifth street, for our Sabbath lectures. Shortly after the organization of the board, the project was started, and after mature deliberation carried into effect, for establishing a reading room exclusively for the benefit of young men between the ages of fourteen and twenty-one years. It was believed by the board, that very many apprentices, who, if they were desirous of improvement, and had access to books, possessed no comfortable accommodations for reading; and were thus forced into associations which under other circumstances they would have avoided. The board felt that the project was one of considerable difficulty, and required no ordinary prudence to render it unobjectionable and successful. The spacious and central room on the second floor of the lecture room in Cherry above Fifth street was rented, at the rate of $150 per annum, and suitably furnished to render it both attractive and comfortable. The whole expense of furnishing was $380 16. The board take pleasure in acknowledging the liberal donations in books, made by many of our eminent booksellers and publishers, and also by private individuals to whom the subject was presented and explained; and they feel that it is due to the patrons and interests of the Institute, to name individually the donors who, by their contributions in money, books, papers, and periodicals, approve so unequivocally of our objects. The Institute is now furnished gratuitously by the different publishers, with nearly all the daily city journals, and some very interesting monthly and quarterly periodicals. Nor have the interests of the reading room suffered for want of papers published out of the city. Beside those received gratuitously from other cities, and sent by their publishers, the kindness of a publisher here, (Doctor Porter) places at our disposal an extensive variety of respectable exchange papers. To all we tender our unfeigned thanks. The number of volumes upon our shelves, and among them some very valuable works, is 607, and of daily and weekly papers upon our tables, including those published out of the city, is 29, and monthly and quarterly periodicals 7. But two journals are paid for; one published in New York, and the other in Boston. The terms of admission to the young men are, it is believed, extremely liberal; being but fifty cents a year, and a careful observance of the rules of the reading room. It was thought that unless some subscription or annual payment was exacted, a sufficient interest would not be felt in it by those for whom it was established, and could any other more liberal mode be adopted which will produce the desired result, the present terms of admission will be abandoned, to give place to those of a more liberal cast. The room is under the care of $100 00 a librarian, and is open every evening except Sunday and Wednesday evenings, until half past nine o'clock. The librarian, who is a gentleman of amiable disposition and manners, is employed at a salary of $150 per annum, and is required to spend his evenings at the room when open. It is gratifying to be able to state, that the conduct of the young men attending the reading room is such as to meet the entire approbation of the board. The number of names upon our books as members, is 247. The greater part of them entered immediately after the establishment of the room, and many no doubt entered from motives of curiosity. The number who are now present at one time might be increased without inconvenience. In addition to the means already noticed, gratuitous lectures on scientific subjects adapted to the capacities of young men, with experiments, have been delivered once a week, on Thursday evening. The interest taken in these lectures is very encouraging. The number desirous of attending, made it necessary to admit them by ticket, limiting the number to 400. Their conduct is respectful and highly commendable; and many doubtless have acquired a taste for such pursuits and studies, as will greatly improve their characters, and render them more useful in the various spheres in life in which they will be soon called to act. Beside the immediate service which the board was enabled to render, the Institute is greatly indebted to the kindness of two distinguished gentlemen, (Dr. J. K. Mitchell, and Franklin Peale, Esq.) for aid in their endeavours to interest and instruct the young men who have availed themselves of the advantages which the Philadelphia Institute affords. CR. By the report of our treasurer, it will be seen that we must again commit our cause to the benevolence of those who are alive to the immense importance of train- 1831, March 9, By A. Judson, (salary) ing up and giving to the minds of our youth a proper direction, particularly when we remember that that portion for which the Philadelphia Institute was established, will soon become active members of society, and give it complexion and influence corresponding in a great degree with the intellectual and moral training which they have received. A. Martin in Account with the Philadelphia DR. To M. Newkirk's subscription, 66 terian Church, James Fassitt, 20 00 John Kern, 5 00 20 00 "23, John Weigand, 20 00 66 25, I. Ashmead, 20 00 Samuel Lloyd, 20 00 Thomas Elmes, 20 00 Blight & Co. for coal, 9 00 Philadelphia. do. Henry Bill, By Individuals, Jedediah Howe, Total, Jesper Harding, 1 daily, Chandler & Loughead, 1 daily, C. Alexander, 1 daily, do. 66 66 queath crops, &c. VI. In what manner a written will shall be made and proved. VII. Under what circumstances a nuncupative will may be good. "VIII. Proviso for the case of mariners and soldiers. IX. Words of perpetuity not to be necessary in devises of real estate. 66 66 X. After acquired property to pass by a gener al devise. XI. Devise by husband to wife, to be in lieu of dower. XII. Devise or legacy not to lapse by death of a lineal descendant. "XIII. Express revocation of wills of real estate. "XIV. Express revocation of wills of personal estate. 66 XV. Marriage or birth of children to revoke the will of a man. "XVI. Marriage of a woman to revoke her will. "XVII. Proviso for the case of a testator, whose do micil is out of the state. Section I. Every person of a sound mind, (married women excepted) may dispose by will of his or her real estate, whether such estate be held in fee simple, or for the life or lives of any other person or persons, and whether in severalty, joint tenancy, or common; and also of his or her personal estate. Section II. Provided, that a married woman may, under a power legally created for the purpose, dispose of her real or personal estate, by will or appointment in nature of a will, and that any married woman may, with the assent or license of her husband, dispose of her personal estate by will. Section III. And provided also, that no will disposing of real and personal estate, or of real estate alone, shall be effectual, unless the testator were at the time of making the same, of the age of twenty-one years or upwards; nor shall any will disposing of personal estate alone, be effectual, unless the testator were at the time of making the same, of the age of eighteen years or upwards, Section IV. Every person competent to devise real estate as aforesaid, being the father of any minor child unmarried, may devise the custody of such child, during his or her minority, or for any shorter period. Section V. The emblements or crops growing on lands held by a widow in dower, or by any other tenant for life, may be disposed of by will as other personal estate: also, rents and other periodical payments, accruing to any such tenant for life, or to any other person entitled under the laws of this commonwealth regulating the descent and partition of real estate, may so far as the same may have accrued on the day of the death of such tenant for life, or other person, be disposed of by will in like manner. Section VI. Every will shall be in writing, and, unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereof, or by some person in his presence, and by his express direction; and in all cases shall be proved before the register having jurisdiction thereof, by the oaths or affirmations of two or more competent witnesses; otherwise such will shall be of no effect. restrictions: Section VII. Provided, that personal estate may be bequeathed by a nuncupative will, under the following 1. Such will shall in all cases be made during the last sickness of the testator, and in the house of his habitation or dwelling, or where he has resided for the space of ten days, or more next before the making of such will, except where such person shall be surprised by sickness, being from his own house, and shall die before returning thereto. 1 TESTAMENTS. 2. Where the sum or value bequeathed shall exceed REMARKS UPON THE BILL RELATING TO LAST WILLS AND one hundred dollars, it shall be proved that the testa tor, at the time of pronouncing the bequest, did bid the person present, or some of them, to bear witness that such was his will, or to that effect. And in all cases, the foregoing requisites shall be proved by two or more witnesses; who were present at the making of such will. Section VIII. Provided, that notwithstanding this act, any mariner being at sea, or any soldier being in actual military service, may dispose of his moveables, wages, and personal estate, as he might have done before the making this act. Section IX. All devises of real estate shall pass the whole estate of the testator in the premises devised, although there be no words of inheritance, or of perpetuty, unless it appear by a devise over, or by words of limitation or otherwise, in the will, that the testator intended to devise a less estate. Section X. Real estate acquired by a testator after making his will, shall pass by a general devise, unless a contrary intention be manifest on the face of the will. Section XI. A devise or bequest by a husband to his wife, of any portion of his estate or property, shall be deemed and taken to be in lieu and bar of her dower, in the estate of such testator, in like manner as if it were so expressed in the will, unless such testator shall in his will declare otherwise: Provided, That nothing herein contained shall deprive the widow of her choice, either of dower or of the estate or property so devised or bequeathed. Section XII. No devise or legacy in favor of a child, or other lineal descendant of any testator, shall be deemed or held to lapse or become void by reason of the decease of such devisee or legatee in the lifetime of the testator, if such devisee or legatee shall leave issue surviving the testator; but such devise or legacy shall be good and available in favor of such surviving issue, with like effect as if such devisee or legatee had survived the testator, saving always to every testator the right to direct otherwise. Section XIII. No will in writing concerning any real estate, shall be repealed, nor shall any devise or direction therein be altered, otherwise than by some other will or codicil in writing, or other writing declaring the same, executed and proved in the same manner as is hereinbefore provided, or by burning, cancelling or obliterating or destroying the same by the testator himself, or by some one in his presence, and by his express directions. Section XIV. And no will in writing, concerning any personal estate, shall be repealed, nor shall any bequest or direction therein be altered, otherwise than as is hereinbefore provided in the case of real estate, except by a nuncupative will, made under the circumstances aforesaid, and also committed to writing in the lifetime of the testator, and after the writing thereof read to or by him, and allowed by him, and proved to be so done by two or more witnesses. Section XV. When any person shall make his last will and testament, and afterwards shall marry or have a child or children not provided for in such will, and die, leaving a widow and child, or either a widow or child or children, although such child or children be born after the death of their father, every such person, so far as shall regard the widow or child or children, after born, shall be deemed and construed to die intestate; and such widow, child or children, shall be entitled to such purports, shares and dividends of the estate, real and personal, of the deceased, as if he had actually died without any will. Section XVI. A will executed by a single woman shall be deemed revoked by her subsequent marriage, and shall not be revived by the death of her husband. Section XVII. Provided, that nothing in this act contained shall be construed to apply to the disposition of personal estate by a testator, whose domicil is out of this commonwealth. The act of Assembly now in force upon the subject of the execution and proof of wills and testaments, is one of the most ancient in our statute book, having been passed in the year 1705. At that early day there were few persons familiar with legal instruments, and it was, perhaps, supposed by the Legislature, that the English law required the accompaniment of more forms in the execution of a will, than was necessary for the protection of the public against frauds and perjuries. That the framers of the act of 1705, had before them the English statute of the 29th Charles 2d, chapter 3d, is obvious, since the 3d, 4th, 5th, 6th and 7th sections of that act, are almost word for word the same with the 19th, 20th, 21st, 22d and 23d sections of the statute. The 5th and 6th sections of the statute, however, which direct the forms of execution and revocation of wills of lands, were omitted by our Legislature; and it cannot be denied, even by those who are the least disposed to alteration in the laws of property, that the act of 1705 is ambiguously worded, and unskillfully put together; and that it has, consequently, given rise to frequent and extensive litigation. Besides the looseness of the provisions respecting the execution and proof of wills generally, whether made in this state or elsewhere, which we shall remark upon hereafter, we may observe that the second section is so obscure in its language and object, as never, so far as we can learn, to have received any satisfactory construction or application; and in consequence of the 22d section of the statute of 29th Charles 2d, having been transferred exactly as it was found there, into the 6th section of the act of 1705, without adverting to the circumstance that the 6th section of the statute had not been re-enacted, it so happens that the Legislature provided against the repeal of wills of personal property by word of mouth, without any allusion to the repeal of wills of real estate. This omission has been the cause of several controversies which are reported in our books, and has compelled the courts rather to consult what they supposed was the design of the Legislature, than to adopt a literal construction of the act. In the bill now submitted, we have endeavored not only to simplify and render clear the provisions of the present law, but to guard against doubts and difficulties that may arise hereafter upon points not heretofore the subject of legislative enactment. The first five sections are intended concisely to describe who shall have power to execute wills of real and personal estate, and also to specify what may be the subjects of a devise or bequest. In the enumeration and restriction of the persons who may become testators, we have followed the generally received doctrines of the common law and equity, with this exception, that the power of making a will of personal property is confined to persons of the age of eighteen years and upwards. It appears to us expedient for the Legislature to settle, in explicit terms, a question upon this sub ject, which has been much debated; some writers holding that a will by an infant of the age of four years may be good, and others contending for different periods. Looking at the general capacity of minors and the legislation of other states upon the subject, it appears to us that the age of eighteen years may be safely taken as one of general competency for the purpose. In the provision in the first section, that estates held for the lives of other persons may be devised, we have copied the British statute of 29th Charles 2d, chapter 3d, section 12; and we have followed the act of Assembly of 31st March, 1812, in providing that the interest of a joint tenant shall pass by a devise. The fourth section, which authorizes a father to ap-point by will a guardian to his minor children, contains the substance of the 8th section of the statute 12th Charles 2d chap. XXIV. so far as it is applicable to |