INDEX,

ACTS OF ASSEMBLY CONSTRUED.

1724, March 20.

1785, March 26.

1810, March 20.

1815, March 13.

1836, June 13.

1840, April 16.
1842, July 12.

1846, April 21.

185C, April 22.

1860, March 31.

1867, April 9.

1867, April 13.

18C8, March 2.

1873, March 7.

Freeholders Exemption from Arrest, 6.
Ejectment Limitation, 387.

Service of Summons by Constable, 9, 309.
Divorce, 153, 283.

Vacating Public Road, 52.

Qualifications of Jurors, 277.
Short Summons. Bond, 188.

Auditing County Officers' Accounts, 215.
Ejectment, Limitation, 387.
Criminal Law, 77.

Eminent Domain. School Board, 231.
Desertion, 178.

Payment of Costs on Appeal, 105.
Local Recording Act, 240.

1874, April 29, Water Companies, 279.

1875, March 18.

1875, March 30.

1876, April 17.
1878, May 3.

1883, June 20.

Recording Act, 240.

Change of Venue, 262, 277.
Summary Conviction, 128.
Recording Act, 240.

Computation of Time, 257.

1885, June 24, Payment of Costs on Appeal, 105.

1887, May 6, Discharge of Insolvent Convict, 71.

1887, May 7.

1889, May 10.

1889, May 16.

891, June 8.

1893, May 18.

1893, May 26.

1893, June 6.

1895, June 3.

1895, June 28.

1897, May 25.

1897, May 26.

1897, June 4.

1897, July 14.

1899, April 11.

1899, May 2.

1901, February

Corporation Bonds, 84.

Partnership Association, 235.
Water Companies, 279.
Taxation, 80.

Medical Board, 311.
Water Companies, 279.

Consolidation of Boroughs, 157.
Rebuilding Bridges by State, 23.

Tax on Insurance Companies. Cities, 380.
Adulteration of Drugs, 218.
Sheriff's Interpleader, 60, 63.
Boroughs, 121.

Appeal from Justice, 12, 14.

School Board as Board of Health, 138.
Transient Merchants, 373.

9. Corporation Bonds, 84.

1901, March 25. Commercial Fertilizer, 361.

1. As to the duty of the State Pharmaceutical Examining Board
where it is suspected dealers are selling inferior preparations of
standard formulae, 218.

BOARD OF HEALTH.

1. Duty of a Board of Health to furnish subsistence to inmates
of a quarantined house, 168.

BRIDGES.

1. Duty of the state to rebuild bridges destroyed by flood, fire or
other casualty, 23.

BUILDING AND LOAN ASSOCIATIONS.

1. Under what circumstances premiums may be charged, 269.
BURYING GROUND.

1. Right of Court to regulate the sale of an abandoned burying
ground, 394.

COMMON SCHOOLS.

1. The method by which a School Board should resolve itself
into a Board of Health and its duties, 138.

2. Proceedings by School Board for the condemnation of land
for the erection of a school house.

CONSTRUCTION OF STATUTE.

1. While penal statutes must be strictly construed acts imposing
pecuniary penalties are ordinarily construed less strictly than acts
imposing severer penalties but even strict construction must be
reasonable construction, 65.

2. The practical construction

placed upon a statute by the
governmental officers is of great weight with the Courts, 65.

CONTRACT.

2.

1. Money which is paid over to be used for influencing legislation
cannot be recovered back if the bill to be passed by the Legislature
fail of its passage. Such a contract is against public policy, 220.
A note signed by husband and wife is prima facie valid, 226.
3. Plant to be erected to the satisfaction of the owner, 233.
Where a contract has been executed and a corporation has
had the benefit, the corporation cannot avail itself of the doctrine
of ultra vires, 314.

4.

CORPORATIONS.

1. Fraud cannot be imputed to managers of corporations acting
within their powers, 84, 400.

2. The right of bondholders to receipt as purchasers, 84.

3. Restriction upon the right to issue corporation bonds, 84.

4. Fraud as a defense cannot be inquired into collaterally, 314,

400.

5.

Where a contract has been executed and a corporation has
had the benefit, the corporation cannot avail itself of the doctrine
of ultra vires, 314.

6. Directors may purchase at receiver's sale, 400.

CRIMINAL LAW. SEE PRACTICE, Q. S.

1. Wife of paramour as prosecutrix, 20.

2. Illegal sale of liquor made by employee, 34.

3. Violation of compulsory education act, 37.

4. An indictment may be amended by changing the name of the
defendant from Scharp to Schaup, 77.

5. In a charge of statutory rape, the jury may consider the
appearance of the defendant in ascertaining whether the defend-
ant is of the age of sixteen years or upwards, 77.

6. Articles and money found on a convict will not be turned over
to the prosecutor where there is no proof that the money or
articles were stolen from him or that the articles were purchased
with the money stolen from him, 135.

7. If school directors are not sworn as such, they cannot escape
criminal liability because of such negligence, 294.

8. Act of May 18, 1893, P. L. 94, providing for a medical council
etc., is constitutional, 311.

9. The mere fact that defendant obtained a certificate from the
prothonotary will not protect him from the penalties of the Act of
May 18, 1893, P. L. 94, 311.

DAMAGES.

1. Damages cannot be recovered for the loss of the bargain
under a parol contract to sell real estate, 199.

2. Measure of damages where payment is provided for in money
or goods, 238.

3. Measure of damages of farm land where part is taken by
railroad under power of eminent domain, 233.

4. Damages in a slander suit should vindicate character of
plaintiff and not materially injure estate of defendant, 349.

5. In determining amount of damage to mill property by
decrease of its water power, defendant can prove that steam or
other power can be connected and used jointly with the remainder
of the water power, 357.

DECEDENT'S ESTATE.

1. Where a husband renders services to a decedent in considera-
tion of a legacy which he receives, the wife cannot maintain a
separate claim for assistance given the husband in the rendering
of the service to decedent, 344.

2. Duty of Register of Wills to issue letters to the nominee of
the person having the right to administer, 379.

DESERTION.

1. Where a wife makes a bona fide demand for her conjugal
rights, which the husband refuses, neither a prior agreement to
live apart nor a plea of autre foits acquit is a sufficient answer to
a new complaint. The Act of April 13, 1867, P. L. 78, is not super-
seded by that of March 13, 1903, P. L. 26, 178.
DIVORCE.

1. A divorce will not be granted where the evidence, aside from
the testimony of the paramour, would not warrant a decree, 56.
2. Under the rules of Court it is too late to ask for an issue at
a hearing before the examiner where the answer filed did not
contain a demand, 73.

3. If, during the hearing, testimony may make an issue desir-
able, application must be made to the Court at the earliest possible
moment, 73.

4. As to what must appear on the record before the Master can
take testimony where a rule of Court provides for posting of notice
to the respondent in the prothonotary's office, 79.

5. Where a wife leaves her husband under circumstances which
did not warrant her doing so, a decree in divorce will be refused
even where he has not been heard from for over two years, 112.

6. A divorce will not be granted where the only evidence is the
uncorroborated confession of the respondent that she has been
guilty of adultery, 114.

7. Not every leaving is a desertion but it must appear that the
desertion was willful and malicious, 133.

8. A libel in divorce can be amended by leave of Court after
answer filed, although a new ground for divorce be alleged, 153.
9. A marriage between a divorced person and the paramour is
void, 283.

EJECTMENT.

1. Requisites of abstract of title, 15.

2. Adverse possession as against railroad company, 15.

3. Where a marriage between two persons is void, ejectment
will lie for land belonging to one of the parties in possession of
the other, 283.

4. Time in which suit must be brought, 387.

ELECTIONS.

1. An agreement regulating the method of making nominations
for Congress by the representatives of a political party from two
counties forming a congressional district is not void as against
public policy and cannot be abrogated by the representatives of
one county without the assent of the other, 118.
EMINENT DOMAIN.

1. Proceedings by School Board for the condemnation of land
for the erection of a school house, 231.

2. Witnesses testifying to one item of damage, 355.

3.

Consideration of probable returns from the investment in
the land affected by the taking, on the question of damages, 357.
EQUITY.

1. No exception to the manner of advertising will lie where a
property is sold by bill in equity and the sale is advertised as
directed by the decree, 84.

2. A bill in equity will not lie for the quieting of a title by the
construing of a will by the Court, 96.

3.

One who has hypothicated his assets for debts of a partner-
ship association is entitled to equitable relief, 235.

4. Equity can require forged deeds to be cancelled, 300.

EVIDENCE.

1. Wife of paramour as prosecutrix and witness, 20.

2. Divorce refused where evidence, aside from the testimony of
the paramour, would not warrant a decree, 56.

3. On a charge of statutory rape, the jury may consider the
appearance of the defendant in ascertaining whether the defendant
is of the age of sixteen years or upwards, 77.

4. When party will not be allowed to contradict his own witness,
145.

5. A receipt in full cannot be set aside except for weighty
reasons, 145.

6. Upon appeal to Court by a county officer from the auditor's
report, the officer is required to show that all credits claimed are
covered by the act, 215.

7.

Qualifications of witnesses in land damage cases, 334.

8. Where witnesses are waiting for a train and give attention
to it by listening for it and then state certain signals were not
given, such testimony is more than mere negative testimony, 339.
9. As to when expert testimony will be considered necessary,
345.

10. Witness testifying to one item of damages, 357.

11. Consideration of probable returns from the investment in
the land affected by the taking on the question of damages, 357.
FEES.

1. Fee for the service of a subpoena, 207.