22. The Act of June 4, 1901, P. L. 404, did ed had a right to assume that the proceed-
not become operative because of the existings were dead and would not be resusci-
ence of the bankruptcy law of the United tated at a later term.-Ib.

38. A lot of land located in one borough
fronting upon a street all of which, includ-
28. The Act of June 26, 1895, provides ing the sidewalk, is in another borough, is
that the Court shall make full investigation subject to a lien filed by the latter borough
of the matter at "the next term following May 2, 1883, P. L. 320.-Borough of Colwyn
for paving the sidewalk under the Act of
the presentation of such application."
Where this was not done, and no continu-
ance had, the proceedings must be dis-
missed.-Ib.

40. A borough having authorized the lay-
ing of a sidewalk cannot, if the sidewalk is
30. Where no such hearing was had, and in good repair, require the owner of a lot
no continuance taken, the parties interest-fronting thereon to lay another.-Ib.

BREWER.

SALES.

41. Under the Act of June 9th, 1901, it is
unlawful for a brewer to sell his product at
any other place than at the brewery or at
the place at which he is licensed to con-
duct his business. A delivery by a brewer
to his agent in another part of the county
and a sale by the agent from that place is
unlawful.-Com. v. Mikesell et al., 113.

BRIDGES.

ACT JUNE 3, 1895.

ORDINANCE.

45. A conviction for the sale and delivery
of milk in alleged violation of an ordinance
of the City of McKeesport will be reversed
and restitution ordered where it appears
that by the contract of sale the delivery of
milk by the defendant, who was a resident
of the city, was to be made in an adjoining
borough and the milk shipped to the city.--
City of McKeesport v. Mayhugh, 208.
CONSIDERATION, 126.

CONSTABLE, 145-159, 163-168.
CONTINUANCE, 26-30, 50.
CONTRACT, 41, 44, 77-84, 187-192.

42. The Court of Common Pleas of Dau-
phin County is without jurisdiction to allow
fees to counsel employed by the County
Commissioners of another county to con- CONTROLLER, 44.
duct legal proceedings incidental to the re-
building by the Commonwealth of a county
bridge destroyed by flood, under the Act of
June 3, 1895, P. L. 130.-Bridges in Wyoming
County, 11.

BURDEN OF PROOF, 126, 127.

BUSINESS, 316, 317.

CAPIAS, 47.

CARLISLE TABLES, 128.

CAUSES OF ACTION, 113-115.

CHARTERS.

DESCRIPTION.

CONVERSION, 85.

CONVICT, 60.

PROPERTY.

46. Where articles and money found upon
a convict are in the custody of the warden
of a prison, the Court will not direct that
they shall be turned over to the prosecutor
where there is no proof that the articles
were purchased with the money stolen from
the prosecutor nor that the money formed
part of the sum taken from him.-Com. r.
Nichols, 140.

COSTS, 241.

ATTACHMENT.

MARRIED WOMAN, 47.

47. An attachment can be issued against
43. In an application for a charter for a a married woman for failure to pay thirty
corporation, under the Act of July 15, 1897, shillings costs as ordered by the Court on
cl. 14, P. L. 283, to receive and hold prop- the abatement of a capias issued against
erty in trust for unincorporated religious, her by a freeholder.-Sonnon v. Mauss, 155.
beneficial, charitable, educational and mis-
sionary societies and associations, the sev-
eral unincorporated associations for which
the proposed corporation is intending to 48. A bill of costs should set forth the
hold property in trust should be described first names of the witnesses as well as
with the same particularity as though the their last names, so that their identity can
application was being made for a charter be positively fixed.-Ryan v. Ryan, 133.
for such association.-Susquehanna Title
and Trust Company, 24.

CITY.

CONTROLLER.

44. The Act of May 23, 1889, Art. ix, Sec.

5, P. L. 277, makes it the duty of the con-
troller of a city of the third class, when a
51. Though no statute makes the service
city contract is regular on its face and is of a subpoena part of the costs of a suit in
for a lawful purpose and councils have this State, it is well settled by the customs
made an appropriation therefor, to charge of the courts that compensation for such
the amount of such contract against the service is part of the costs which the suc-
appropriation and so certify on the con- cessful party is entitled to recover, whether
tract, and such duty is ministerial. Al- the service was performed by the sheriff or
though the controller doubt the legality of constable, a private person or a party to
the contract, he must nevertheless certify the record.-Beach v. Pennsylvania Railroad
it and raise the question of its legality by
refusing to countersign the warrant, when
its legality can be determined by manda-
mus against him by an action at law on COUNTIES, 99, 125, 241.
the contract.-Com. ex rel. Erie Gas Com-
pany v. Brown, 10.

Co., 171.

COUNSEL, 42, 107.

COUNTY AUDITORS.

APPEAL.

117.

upon whose verdict final judgment shall be
51a.The County Commissioners petitioned entered," it would seem that such verdict
for leave to file an appeal from the County is the only basis for a judgment, and an
Auditors' report after the expiration of issue will be framed, unless the parties
time for such appeal had expired, alleging agree otherwise.—Peeling v. County of York,
fraud on the part of the County Treasurer.
Depositions were taken showing gross for- 59. After the issue was allowed by the
geries in the raising of assessors' bills; the Court, a specification of alleged errors by
insertion of paid bills in packets of unpaid the Auditors was filed by the county de-
bills and the receipts of warrants for the fendant, and the Court agreed to award the
amount thus fraudulently increased; the issue so as to include a trial of the matters
receipt of warrants for the refunding of complained of. HELD, that the amendment
moneys received from tax collectors in ex- could not be allowed.—Ib.
cess of the amount due from them, and the
receipt of a new bond and warrant for the COUNTY
payment of an old bond, thus receiving
$25,000 fraudulently. HELD, that the judg
ment entered on the Auditors' report will
be opened and an appeal allowed nunc pro
tunc.-York County v. Auditor's Report, No.
2, 13.

293, 302.

COMMISSIONERS,

42, 51-59,

COUNTY TREASURER, 51, 57, 127.
COURT, 42, 226-228.

JURISDICTION.

52. Plaintiff, the Sheriff of the county 60. The Court of Oyer and Terminer of
defendant, appealed from the report of the any county has power, by a common law
County Auditors, who refused to allow him writ of habeas corpus, to cause a prisoner
pay for more than one mileage where sev- who is confined in the Western Peniten-
eral processes were served on the same tiary, which may be outside that county,
trip. A petition was presented by appel- under sentence of a criminal court of an-
lant for an issue, and rule granted. The other county, to be brought before it for
County Commissioners, in answer to the trial on another indictment during the term
rule, averred that the appeal was improper, of the first sentence.-('om. v. Ross, 66.
as it was only "a specification of alleged
errors committed by the Auditors." HELD,
that the appeal must be allowed.-Peeling
r. County of York, 117.

53. The Commissioners averred that if
the issue were framed as asked for by the
plaintiff it would preclude the county from
inquiring into the correctness of the num-
ber of miles alleged to be traveled or the
performance of the services for which com-
pensation was claimed. HELD, that the issue
will be framed.-Ib.

54. Under the Acts of 1835 and 1838,
there can be at least three appeals from
the report of the Auditors, besides the tax-
payer's appeal provided by the Act of June
12, 1878, P. L. 208.-16.

55. It is not reasonable or just that the
plaintiff's appeal, which involves only the
construction of an Act of Assembly, should
be dismissed because the defendant failed
to take an appeal to which it was entitled,
but which it has now lost by lapse of time.
-Ib.

61. An order of the Court of Quarter Ses-
sions upon a husband to pay the County of
Philadelphia the sum of $1.75 per week for
the maintenance and support of his wife,
who had been committed to the State Hos-
pital for the Insane at Norristown, may be
enforced by attachment.-Com. v. Tait, 207.
CRIMINAL LAW.

EMBEZZLEMENT.

62. A defaulting county tax collector may
be prosecuted for embezzlement under the
Act of June 3, 1885, P. L. 72, notwithstand-
ing the pendency of proceedings under the
Act of April 11, 1799, Sec. 18 and 19, Sm.
Laws 392.-Com. r. Miller, 50.

63. The Court will, on motion, permit the
amendment of mere formal defects in an
indictment.—Ib.

EVIDENCE.

64. A defendant charged with carrying
concealed deadly weapons has the right to
testify at the hearing before a justice of
56. The County Auditors having heard the peace, but the justice's return will not
and determined the facts entitling the be quashed for refusal to permit the de-
plaintiff to the additional compensation fendant to testify if there is no evidence
claimed by him, if entitled under the law that the defendant requested to be permit-
thereto, the defendant not appealing there-ted to testify and that the right was denied
from is barred thereby.-Ib.
him.-Com. r. Hackett, 140.

FRAUD.

INDICTMENT, 63.

57. The furnishing of whiskey to the 65. Under the Act of March 31, 1860, P.
County Auditors by the Treasurer was most L. 427, it is proper to allow an amendment
reprehensible and a badge of fraud.-York changing the name of defendant from
County Auditors' Report, No. 2, 13.
Scharp to Schaup.-Com. v. Schaup, 152.

ISSUE.

58. The Act providing that the Court,
upon appeal, "may direct an issue as the
case may require, to be tried by a jury,

LIBEL.

66. The indictment, after averring that K
was a married man and M was a married
woman, and that they were not married to

each other, charged the defendant with un-
lawfully and maliciously publishing con-
cerning the said K. and M. the following
scandalous, malicious and defamatory lan-
guage, to wit: "K. paste M.," meaning that
K. and M. committed adultery. HELD, to
be sufficient.-Com. v. Emenheiser, 111.

ACCOUNT.

75. Testator died in 1871, and letters tes-
tamentary were granted to the three execu-
tors named in the will. No account was
filed at the end of the year. One of the
executors died in 1886 and another in 1890,
both, as admitted by their respective exec-
67. The information charged the defend-utors, without having filed an account. The
ant with the publication of a false, scanda- remaining executor never filed an account.
lous, malicious and defamatory libel of and
concerning K. and M., without setting out
the publication. HELD, to be sufficient to
justify the issuing of a warrant.-Ib.

68. After an indictment has been found
by a grand jury, it will not be quashed on
account of a defect in the information.-Ib.
69. The fact that the second count does
not set forth the libel in haec verba is no
ground for quashing the indictment.-Ib.

Proceedings to compel him to file an ac-
count were instituted within six years of the
deaths of his co-executors, and his account
was finally stated by an auditor appointed
by the Court and showed him largely in-
debted to the estate. A petition was filed
to compel the executors of the deceased
tive testators as executors of the original
executors to file an account of their respec-
testator. During the years the estate was
subject to the control and management of
70. Whenever the words are not well the deceased executors the petitioners were
known and prefectly intelligible English, minors. HELD, that the petition should be
parol evidence is admissible to explain their granted.-Graham's Estate, 147.
meaning, provided such meaning has been

lunatic.-Ib.

properly alleged in the statement of claim 76. The laches or acquiescence of a guar-
by an innuendo.-Ib.
Idian or committee of a person under legal
71. Whether the word "paste" expresses disability is not imputed to the minor or
the offense charged where it was used or
to those who saw the publication, is a
question for the jury, under the evidence.
-Ib.

RAPE.

CLAIM.

77. Testator, eleven years before his
death, went to live with his married sister
on his farm, which he subsequently con-
72. Upon a charge of statutory rape, in veyed to her in consideration of a note held
ascertaining whether the defendant is of by her against E., and the conveyance to
the age of sixteen years or upwards, the testator of her property in Manchester
jury may take into consideration his ap- borough. Subsequently he made two wills,
pearance, always giving the defendant the
benefit of any reasonable doubt.-Com. v.
Schaup, 152.

SUNDAY.

73. The Act of April 22, 1794, 3 Sm. Laws
177, prohibiting "any worldly employment
or business whatsoever on the Lord's day,"
applies to buyers as well as sellers.-Com.
r. Hoorer, 3.

74. Any agent of a society who buys a
cigar on Sunday in order to secure evidence
to convict the seller of the offence prohib-
ited by the Act, is not performing such a
work of necessity as the Act permits.-Ib.
CROPS, 91.

CROSSING, 290.

CRUEL TREATMENT, 113.

CUSTODY, 241.

giving her his estate, but eventually made
a third in which she was not so fortunate.
Before the Auditor evidence was presented
of expressions of the testator that he would
give his sister all his property after his
death, and one witness testified to a com-
munication of this expression to the claim-
ants. Before the Auditor the sister and her
husband claimed compensation for board-
ing of testator, and the claim was allowed.
On exceptions, HELD, that the claim must
be disallowed.-Geesey's Estate, 85.

were not effective, but a loose expression
78. The words alleged to have been used
about the intention of the testator, as to
his estate. The words were not sufficiently
definite as a contract to will to the claim-
ant the whole of his estate.-Ib.

79. The board and services, if not furn-
ished entirely on the strength of the family
relation and in payment of the maintenance
of the claimant and his wife by the occu-

DAMAGES, 203, 229-231, 268-270, 292, 302, pancy of testator's farm free of rent, may
322-326, 332.

DECLARATION, 263-270.

DELIVERY, 222.

DEMURRER, 113, 249-253, 263-270.
DEPOSITION, 132.

DESERTION, 113, 170-171.

DECEDENT'S ESTATES.

have been partly furnished in expectation
and not a valid promise of a legacy.—Ib.

80. A promissory note for $1,800 in favor
of testator's sister was presented for pay-
ment, but evidence was produced alleging
payment by testator. The Auditor allowed
the claim. HELD, that the claim must be
disallowed.-Ib.

81. Claimant, a son, after having left
home, returned and conducted the business
out of which the decedent and her family,

including the claimant, lived. There was in the ground. Subsequently the barn was
no evidence of any contract or promise to destroyed by fire. K. then asked to have
pay any compensation. Before the Audi- the sale set aside because of irregularities
tor distributing the balance on administra- in the petition and because of the loss of
tor's account, the claimant asked for com- the barn. HELD, that the sale must be set
pensation for his services. The Auditor aside.-Bopp's Estate, 161.
disallowed the claim. HELD, that excep- 87. The petition is required to be the
tions filed to his report must be dismissed. joint petition of the widow and heirs. A
-Bailey's Estate, 186.
petition from the administrators cannot be
held sufficient, even if the names of the
widow and heirs appear to it, where it does
not appear on its face as the joint petition
of the widow and all the heirs.-Ib.

82. The absence of an express contract
to pay claimant for his services in con-
ducting the business, or any attempt to re-
ceive or exact payment during the life of
the decedent, are conclusive against his
right to recover before the Auditor.-Ib.

83. Claimant presented bills for moneys
paid in repairing and improving decedent's
real estate while he was living with her.
There was no evidence of an agreement by
the decedent to pay for the same, but she
approved of them. The Auditor allowed
the claim. HELD, that exceptions filed for
this reason must be dismissed.-Ib.

88. The order is to be granted to the ad-
ministrators or to a trustee, and not to the
petitioners as was the order in question,
the sale having been made by the adminis-
trators, as reported by one of them.-Ib.

89. The proceedings are so defective that
they are incapable of adequate and effec-
tive amendment by the Court.-Ib.

90. The destruction of the buildings
would not be relieved against, as, after the
confirmation, the loss entailed by such de-
struction would have to be suffered by the
purchaser.—Ib.

84. As the improvements were for the
benefit of the decedent's real estate, and
doubtless enhanced its value, of which en-
hanced value the exceptants were joint 91. The administrators will not be re-
beneficiaries with the claimant, the Audi- quired to repay the purchaser for the
tor's finding will not be disturbed.—Ib.

CONVERSION.

money expended in putting the crops in
the ground, as they received none of said
money.-Ib.

85. Executors caused a suit to be brought
92. A judgment against a decedent's
to remove a cloud on the title of a tract of estate was regularly revived after dece-
land purchased and devised by the testa- dent's death, in 1885 and 1890, but on April
tor. The outcome of the suit was that the 6, 1895, it was revived fifty-four days after
estate had no title. The executors then the expiration of the statutory period of
brought suit against the grantor of the tes-five years. In 1900 it was again revived,
tator on the covenant of warranty in the but no notice given to the assignees and
deed which he gave testator. The suit was judgment creditors of decedent's devisees.
compromised for a certain amount of money Prior to 1890 judgments were entered
in full satisfaction of any liability from the against some of the devisees of the dece-
part of the testator's grantor. An excep-dent, and other interests were assigned.
ant to the ninth annual account of the The plaintiff, as administrator, procured an
executors contended that the failure of title order of sale to sell decedent's real estate
to land and the payment of money in settle
ment by testator's grantor should be re-
garded as a conversion by operation of law.
HELD, that the subject matter of the legacy
never was the property of the testator;
failure of the testator's title to the land,
the money received in settlement of the
suit did not effect any conversion and the
money received from the testator's grantor
cannot be regarded as rent, royalty, income
or the proceeds of the sale of the land.-
Handley's Estate, 192.

EXECUTORS, 75, 86-91, 101, 137-143.
INTEREST, 13-16.

SALE.

for the payment of debts, the above men-
tioned judgment being set forth as
the principal debt and the prop-
erty was sold to the defendant. On
tender of the deed he refused to accept
it, alleging defective title. On a case stated,
to recover the purchase money. HELD,
(affirming the Court below) that judgment
must be entered for the plaintiff.—Schall's
Appeal, 199.

93. As the lien of the judgment against
the defendant continued, the Orphans'
Court had jurisdiction to order the sale, and
the deed tendered to defendant will pass a
valid title.-Ib.

DIRECTORS OF THE POOR, 280-283.
DISTRIBUTION, 338-352.
EXEMPTION, 144.
INTEREST.

86. A petition, purporting to be the peti-
tion of the administrators, but which was
also signed by the widow and heirs of the
decedent, asked for an order of sale. The
petition was granted and the order awarded
"to the petitioners." One of the tracts was
sold to K. on the usual terms and the sale, 94. Under the Act of June 4, 1901, P. L.
return of which was made by the adminis- 404, interest must be reckoned on claims
trators, duly confirmed by the Court. After up to the date of distribution.-Emig's
the absolute confirmation K. put the crops Assigned Estate, 97.