COURTS-Continued.

A teller of a national bank, incorporated under the
laws of the United States, may be convicted in a State,
Court upon an indictment charging him with fraudu-
lently making false entries in the books of the bank.
Such an offence is forgery at common law. Common-
wealth v. Luberg, 4.

Judges and Associate Judges of the Courts of Com-
mon Pleas are "officers of the Commonwealth, whose
jurisdiction extends over the State." Hence, under
Art. V. § 3 of the Constitution, the Supreme Court
and the Judges thereof have exclusive original juris-
diction to issue writs of quo warranto to Associate
Judges of Common Pleas. Commonwealth v. Dum-
bauld, 369, 529.

Quare, How far the provisions of the Act of May 19,
1879, that the Supreme Court shall hear new testi-
mony and decide de novo a case coming before them
upon appeal from an order disbarring an attorney,
are consistent with that article of the Constitution,
which prohibits the Supreme Court from the exer-
cise of original jurisdiction, except in specified cases.
Ex parte Steinman, 145.

Where a testatum writ of vend. ex. is issued to the
sheriff of another county, the Court of the situs of the
land sold having acquired jurisdiction of the case by
the acknowledgment of the sheriff's deed conveying
the estate sold, may proceed to inquire into the valid-
ity of the sale, and also to distribute the proceeds.
Borlin's Appeal, 545.

The Court issuing the writ thus loses its control over
the execution, and the sheriff executing it is not liable
to attachment for contempt if he declines to return the
proceeds of sale to the Court issuing the execution. Ib.
A sheriff is not subject to attachment for failing to
pay money into Court until a rule has been taken upon
him to return the writ. Ib.

What counties are entitled to be separate judicial
districts. See COUNTIES. Commonwealth v. Dum-
bauld, 369, 417, 529.

The Court of Common Pleas sitting in equity, not
the Orphans' Court, is the proper form in which trus-
tees, claiming under a will, should seek to compel a
transfer to themselves of corporate securities belonging
to the trust estate. (C. P.) Stockton v. Lehigh Coal
and Navigation Co., 110.

Jurisdiction to compel opening of streets, whether
in Common Pleas or Quarter Sessions. (C. P.) In re
Volkmar Street, 169.

The Court of Quarter Sessions has no jurisdiction to
revise a plan made by the Board of Surveyors of
Philadelphia under the Act of June 6, 1871. In re
Plan No. 166, 43.

It is an essential element of the legal constitution
of a Court of Oyer and Terminer that not less than
forty-eight persons shall be summoned to serve as petit
jurors. Where the precept and venire issued from the
Quarter Sessions for less than that number, a trial,
although conducted in other respects according to the
forms of the Oyer and Terminer, is erroneous and void
for want of jurisdiction. Donaldson v. Commonwealth,
393.

Although a justice of the peace has no jurisdiction
of a suit instituted by a distributee to recover from an
executor his distributive share, yet if such a suit is
heard before a justice, with the consent of the defend-
ant, who subsequently takes an appeal to the Common
Pleas, where judgment is entered against him by de-
fault for want of an affidavit of defence under a rule
of Court, the defendant will be then estopped from
raising the question of jurisdiction. Montgomery v.
Heilman, 537.

COVENANT. A covenant of forfeiture for non-
payment of rent runs with the land. (C. P.) Evans
c. Fries, 462.
See LAND-

Breach of covenant for quiet enjoyment.
LORD AND TENANT. Lanigan v. Kille, 481.
Action for arrears of ground-rent. See LANDLORD
AND TENANT.

CRIMES, CRIMINAL LAW AND PRO-
CEDURE. A State Court has jurisdiction to punish
offences by national bank officers in the course of their
employment as such, when such offences were punish-
able at common law. Commonwealth v. Luberg, 4.

The making of fraudulent entries in the books of a
national bank by the teller is forgery at common law,
and is punishable as such in the State Courts. Ib.

An indictment for such an offence laid under the
statute, and not charging forgery in the technical man-
ner required by strict rules of the common law, is good
under the Criminal Procedure Act. Ib.

Merely delivering poison to a person, and soliciting
him to place it in the spring of another, is not an "at-
tempt to administer poison" within the meaning of
the Act of March 31, 1860, which recognizes a dis-
tinction between intent and attempt. Stabler v. Com-
monwealth, 409.

An assault and battery upon a constable, who had
forcibly opened an outer door of a house, is justifiable
even though he went there to conduct a sale under a
previous levy. (Q. S.) Commonwealth v. Moreland,
272.

In order to render one liable to indictment under §
108 of the Crimes Act of 1860 for larceny as a bailee,
there must have been an obligation upon his part to
return the identical property to his bailor. Krause v.
Commonwealth, 61.

It is no defence to an indictment against one who is
the editor and publisher of a newspaper that the libel-
lous article complained of was written and inserted by
a local editor without the knowledge of the defendant,
and in violation of a general order forbidding the pub-
lication of any article of a libellous nature without
first submitting it to the publisher for approval.
(Q. S.) Commonwealth v. Willard, 524.

In order to warrant a conviction for perjury in
taking the oath of office prescribed by Art. VII. of the
Constitution, it is necessary that it should appear that
the influence of an elector was purchased, or that he
was induced to make interest at the election for the
defendant by bribery, fraud, or other illegal means,
or that he was to use wicked and corrupt arts in secu-
ring the election of the candidate. Williams u. Com-
monwealth, 113.

The Acts of May 6, 1863, and April 10, 1872, pun-
ishing the unauthorized sale of railroad tickets (com-
monly known as ticket scalping) are not unconstitu-
tional. (Q. S.) Commonwealth v. Wilson, 291.

In a trial for rape, the physician who examined the
person of the woman soon after the alleged offence
should, if possible, be called by the District Attorney.
Whether his evidence tends to acquit or convict, it is
demanded equally by the cause of humanity on the
one hand or of justice on the other. Donaldson v.
Commonwealth, 393.

Upon an indictment containing several assignments
of perjury, the Commonwealth is required to prove by
two witnesses, or one witness and corroborative evi-
dence, at least one of such assignments; and proof by
one witness of a corrupt act is not corroborative evi-
dence of another act which was proved by a different
witness. Williams v. Commonwealth, 113.

An indictment which charges a crime substantially
in the language of the Act prohibiting it, or, if at com-

CEDURE-Continued.

mon law so plainly that the nature of the offence may
be easily understood by the jury, is sufficient under the
Criminal Procedure Act of 1860. But the accused may
apply to the Court or a Judge for an order that a bill
of particulars be filed, and on the trial the Common-
wealth will be restricted to proof of the item specified.
Ib.

It is an essential element of the legal constitution of
a Court of Oyer and Terminer that not less than forty-
eight persons shall be summoned to serve as petit
jurors. Where a precept and venire issued from the
Quarter Sessions for less than that number, a trial,
though conducted in other respects according to the
forms of the Oyer and Terminer, is erroneous and void
for want of jurisdiction. That the number of jurors
actually returned was not exhausted by challenges is
Donaldson v. Commonwealth, 393.

immaterial.

The failure to summon and return the full number
of jurors directed by law is not such a defect as will,
after trial on the merits, be cured by the Act of March
31, 1860. Ib.

The Act of 1785, providing for the discharge of un-
tried prisoners under the two-term rule, cannot be
taken advantage of by a prisoner to whom a new trial
has been granted as matter of grace, and the second
trial has been delayed for more than two terms. (Q.
S.) Commonwealth v. McGurk, 402.

CUSTOM. See EVIDENCE.

DAMAGES. The report of viewers appointed to
assess damages for the construction of a railroad must
set forth the material facts which constitute the ele-
ments of damage or advantage to the owner of land
affected thereby. Phila. & Erie R. R. Co. v. Cake, 72. |
A report is fatally defective which omits to state that
the jury had made a fair comparison of the probable
advantages and disadvantages likely to result to the
land-owner from the new railroad, and had made al-
lowance for the probable advantages. Ib.

A Court has power to set aside a report of viewers
when the damages found are grossly excessive. Ib.
Consequential, when recoverable for destruction
of a water course. See CONSTITUTIONAL LAW. Reading
v. Althouse, 22.

Measure of damages. In an action for injuries
caused to the plaintiff by the negligence of the de-
fendant, he may recover, not only for the direct ex-
penses incurred, but also for the privation and incon-
venience which he is subjected to, and for the pain
and suffering he has already endured, bodily and
mental, which he is likely to experience during the
remainder of his life. Scott Township e. Montgomery,
389.

In an action against a carrier for refusing to deliver
goods to the assignee of a bill of lading, the plaintiff
may recover the profits of a bargain which is lost by
the refusal to deliver. (U. S. C. C.) Schmidt v. The
Pennsylvania, 351.

In case of an eviction of a purchaser or lessee of real
estate by paramount title, the measure of damages,
under the ordinary covenants of title, express or im-
plied, in the absence of fraud on the vendor's or les-
sor's part is the consideration paid. Lanigan v. Kille,
481. (C. P.) Sharp v. Robb, 475.

The lessee cannot recover the value of improvements
placed upon the premises which he had the right to
remove at the end of his term. Ib.

DEBTOR AND CREDITOR. The purchaser
of chattels at a sheriff's sale may leave such chattels
in the possession of the defendant in the execution by

A voluntary conveyance to wife or children cannot
be impeached by subsequent creditors as fraudulent,
unless they show that the settlement was intended to
defraud or hinder them. Harlan r. Maglaughlin, 353.
Kimble v. Smith, 357.

It is not enough for subsequent creditors to show an
intent to delay or defeat existing creditors. Ib.

Where a parent takes a conveyance of real estate
from a child, partly paying for it in cash, and partly
taking it in payment for an antecedent debt, the fact
that the child made the conveyance with an intent to
defeat or delay his creditors will not impeach the title
of the father, who was ignorant of the son's purpose,
and who took the conveyance in good faith. Reehling
v. Byers, 359.

Business dealings between parents and children and
other near relatives are not, per se, fraudulent, they
must be treated just as are the transactions between
ordinary debtors and creditors. Ib.

Creditors whose debts were contracted subsequently
to a fraudulent conveyance expressly on the faith of
declarations made by both grantor and grantee that
the grantor retained his interest in the property con-
veyed may, as against the grantee, avoid the convey-
ance as a fraud against them. Mowry's Appeal,

363.

Where an insolvent conveys his estate in fraud of
his creditors, and is subsequently adjudicated a bank-
rupt, no one but the assignee in bankruptcy can avoid
the conveyance. (0. C.) Connell's Estate, 406.

An insolvent debtor may confess a judgment to his
wife for money justly due to her for the purpose of
preferring her to his other creditors. Wingerd v. Fal-
lon, 163.

The provision in the constitution of the Stock Ex-
change, that if a suspended member fails to comply
with all his contracts within a year, his seat shall be
sold, and the proceeds of such sale be divided among
his creditors, members of the association, is valid.
Moxey's Appeal, 441.

The voluntary payment of a secured debt by one
who is a stranger is, prima facie, a purchase of the
debt and the accompanying security, and the question
is to be determined by the manifest intention and un-
derstanding of the parties at the time. Brice's Ap
peal, 227.

A corporation issuing a coupon bond is in the posi-
tion of a maker of a promissory note, not of the drawer
of a check or bill of exchange. There is no obligation
on the holder to demand payment within a reasonable
time. Williamsport Gas Co. v. Pinkerton, 97.

The mere fact that a corporation has adopted an il-
legal by-law does not absolve its debtors from compli
ance with their contracts unaffected by the objection-
able by-law. (C. P.) Orangeville Savings Fund
Association v. Young, 251.

A judgment bond given "as collateral security for
sundry notes" given by the obligor, stands as security
for notes given in renewal of the original notes, which
the bond was intended to secure. Shrewsbury Savings
Fund's Appeal, 166.

The Act of June 11, 1879, providing for the compul-
sory examination of insolvent debtors is unconstitu
tional. Horstmann v. Kaufman, 513.

If at the time of filing an affidavit upon which to
obtain an order for the examination of a defendant
under this Act, it appear upon the record that the
plaintiff has the means of obtaining satisfaction of his

Where the parents of a minor were killed while emigrating with him from Pennsylvania to Kansas, in Michigan, where the minor remained with an aunt, who went from Pennsylvania to Michigan to take charge of him, and declared an intention of remaining there, and was there appointed guardian by the proper court, such minor and guardian are non-residents within the meaning of the Act of April 21, 1856. Ib.

EJECTMENT. A husband and wife in possession of a tract of land may maintain ejectment against parties in possession of a portion of the tract claiming the right to operate oil wells under an invalid lease executed by the wife. Buchanan v. Hazzard, 267.

The saving clause in § 4 of the Act of March 13, 1815, relative to the sale of unseated lands for taxes, whereby minors and insane persons whose lands have been so sold, are entitled to two years after the removal of their disability wherein to redeem the same, does not extend to cases of sales made under the 5th section to the county commissioners, and to the redemption therefrom as provided in the 6th section. Metz v. Hipps, 321.

After the lapse of thirty years there is a presumption that the County Commissioners did their duty and that the recitals in their deed are true. Brandon v. Fritz, 297.

Ib.

Interfering surveys in Schuylkill County discussed.

An ejectment for unpaid purchase-money is an equitable action. Kensinger v. Smith, 311.

Ejectment is an equitable action when the plaintiff seeks by it to enforce specific performance of a contract to convey, and he must show that he has been ready, prompt, and desirous of performance, and guilty of no laches. Russell v. Baughman, 284.

Although this rule is not held so strictly against a defendant in possession, it is generally by reason of his equities, but when they are so weak as to present no substantial ground for protection, they must yield to the general rule. Ib.

The Courts of Common Pleas have the power by rule to compel a defendant in ejectment to file an abstract of title or statement of facts upon which he relies, and in default thereof, to enter judgment against him, pro- | vided the plaintiff has previously filed a similar abstract. Lehman v. Howley, 386.

But to entitle the plaintiff to judgment his abstract or statement must present a good prima facie case. Accordingly it was error to enter judgment against a defendant by default, when the plaintiff's abstract traced the title back to a deed of partition, but did not state the necessary parties to such deed. Ib.

The decision of the Common Pleas in a contested election is final on the merits. A certiorari from the Supreme Court brings up only the record, and if its regularity be affirmed, the decision of the Court below takes effect from its date. Ib.

An Act of Assembly attaching a portion of a township to a borough for school purposes, both of taxation and election, does not violate the constitutional provision that electors shall reside within their election district. Colvin v. Beaver, 396.

Power of Court of Equity to supervise corporate election. See CORPORATION. (C. P.) Raynor v. Beatty, 201.

Bribery at elections. See CRIMES. Williams v. Commonwealth, 113.

EMINENT DOMAIN. See DAMAGES. EQUITABLE EJECTMENT. See EJECTMENT. EQUITY. A bill to compel the extinguishment of a ground-rent, when dismissed. (C. P.) Skelly v. Ogden, 365.

Discovery. The plaintiff must establish his right to the subject matter of a suit before he is entitled to discovery. (C. P.) Portuondo v. Faunce, 539.

Account. A court of equity has jurisdiction to decree an account of iron ore unlawfully taken from the hands of the plaintiff. Alden's Appeal, 442.

Marshalling of securities. Where three lots of ground are subject to a common incumbrance, and are sold at different times, the lot last conveyed becomes primarily liable for the entire encumbrance, and if the holder of the encumbrance releases it from the lien of the encumbrance, the other lots are released by operation of law. Amanda Martin's Appeal, 484.

Subrogation. The voluntary payment of a secured debt by one who is a stranger is prima facie a purchase of the debt and the accompanying security, and is determined by the manifest intention and understanding of the parties at the time. Brice's Appeal, 227.

Where the separate real estate of A. and C. was sold by the sheriff in the order named, and judgment against A. and C. jointly, was awarded payment out of the fund produced by the sale of A.'s estate, the fact that it is shown by parol that C. was principal and A. surety, does not entitle A. or his judgment creditors to subrogation upon the fund produced by the sale of C.'s land. Indiana County Bank's Appeal, 270.

Unincorporated societies. A Court of Equity has power to restore a member unlawfully expelled from an unincorporated society. (C. P.) Schassberger

Fraud, Constructive. Confidential relation. See ATTORNEY AND CLIENT. (C. P.) Lockhard r. McKinley, 11. (U. S. S. C.) Baker v. Humphrey, 13. A husband claiming to have been defrauded of his

The landlord of premises will be permitted to intervene pro interesse suo when an ejectment is brought against his tenant. (C. P.) Rittenhouse v. Fetters, 221.

ELECTIONS. A commission issued to a county officer pending a contest of his election is irregular, but not void. Upon the determination of the contest in

his wife, must act promptly, and cannot be permitted to make several experiments in litigation on different and inconsistent grounds. Hidell's Appeal, 212.

Specific performance. A plaintiff in assumpsit is not entitled to a conditional verdict to enforce specific performance of a verbal agreement to convey land, unless he clearly proves a strict compliance with all the terms of the agreement on his own part. Naftzinger v. Roth, 493.

A covenant to mine a certain quantity of ore will

EQUITY-Continued.

not be specifically enforced in equity, since an action at law for damages is an adequate remedy. Koch and Balliet's Appeal, 343.

Injunction. Although a Court of Equity may enjoin to stay waste, it cannot summarily appoint a receiver of an oil well. Enterprise Transportation Co.'s Appeal, 225. Emerson and Wall's Appeal, 227. Injunction to restrain trade-mark, when granted. See TRADE-MARK. (C. P.) White v. Schlect, 77. The performance of an opera upon the stage gives no right to print the music, and an attempt to print will be restrained by injunction. (C. P.) Gilbert v. Bacher,

14.

An injunction will be granted against one maintaining a nuisance in the shape of a privy well, the percolations from which corrupt a well of drinking water upon the plaintiff's premises. (C. P.) Dill v. Haugh,

417.

An injunction will not be issued against the maintenance of a powder magazine in an isolated spot, though it is in the neighborhood of a large city. Dilworth's Appeal, 133.

A Court of Equity has no jurisdiction in ordinary cases to enjoin the sale of real estate upon the ground that the defendant in the execution has no title in the same. Wiser's Appeal, 508.

An injunction will be issued to prevent the unlawful expulsion of a member of an unincorporated society. (C. P.) Powell v. Abbott, 231.

Injunction to restrain the collection of a tax. (C. P.) Albrecht v. Lane, 377.

Injunction when granted to protect a railroad in the use of a right of way over the road of another company. (U. S. C. C.) Junction R. R. Co. v. Pennsylvania R. R. Co., 277.

Injunction to restrain the Filbert Street extension of the Penna. R. R. Co. refused. Duncan's Appeal, 436. A special injunction will be dissolved, where the plaintiff fails to prosecute the suit for more than a year after the granting of the injunction. (C. P.) White v. Schlect, 77.

A Court of Equity, not the Orphans' Court, is the proper forum in which a testamentary trustee, or an executor, should proceed to enforce a duty due to the estate of an equitable nature. (C. P.) Stockton v. Nav. Co., 110.

EQUITY PRACTICE. Filing an answer and proceeding to proof is not waiver of objection to the jurisdiction of a Court of Equity, such objection may be taken advantage of even at final hearing. Wiser's Appeal, 508.

Where a party in equity relies upon the statute of another State as the foundation of his right, such statute should be recited at length in the pleadings; a statement of its legal effect is not sufficient. (C. P.) Stockton v. Nav. Co., 110.

The effect of a demurrer to a bill as an admission of every fact well pleaded does not cure a defect such as this. Ib.

A witness is bound to attend before an examiner until his examination is completed by signing, and if he refuse his attendance will be compelled by appropriate process. (0. C.) Hook's Estate, 320.

In appeals from preliminary injunctions, the Supreme Court do not usually pass on the merits of the case, but except in those instances where it is very evident that the Court below has been in error, continues the injunction. Truby's Appeal, 551. ERRORS AND APPEALS. Where the same party appeals from a decree of the Orphans' Court upon various claims against the estate of which he

ERRORS AND APPEALS-Continued. is administrator, it is improper to take a separate appeal upon the subject-matter of each separate claim. As there is but one final decree, there can be but one appeal therefrom by the same party. Roberts's Appeal, 118.

One writ of error cannot be taken to separate judgments in two actions arising out of the same facts, and tried together on the same evidence. In such a case the writ will be quashed. Cauley v. Pittsburgh, C. & St. L. R. W. Co., 505.

An appeal taken from a decree in divorce proceedings more than one year after the entering of the decree will be quashed. Mortimer's Appeal, 313.

Bail in error. A recognizance of bail in error, defective in form, may derive validity from the consent, either express or implied, of the parties to be affected by it. Allen v. Kellam, 93.

Under what circumstances the approval of bail in error will be vacated. Kaufman v. Hirsch, 347.

What the subject of writ of error or appeal. No appeal lies to a refusal of the Court below to open or vacate a decree in divorce. Kepner's Appeal, 44. Mortimer's Appeal, 313.

A writ of error should not be taken to a judgment entered upon a single issue prior to a trial upon other issues of fact raised by the pleadings. Schriver v. Eckenrode, 161.

What cannot be assigned for error. The failure of a witness to sign his deposition cannot be assigned for error in the Supreme Court when no point was made upon it in the Court below. Winton v. Little, 37.

Where there is no evidence of fraud in a case it is error to submit the question to the jury; but if it does not appear affirmatively that the party complaining was injured by such submission, a reversal will not be granted. Louchheim v. Henzey, 571.

Where the Court below has in the exercise of its sound discretion refused a new trial, this Court will not review such decision. Ib.

Assignments of error. Form of. In conformity with Rule XXIII. of the Supreme Court, the points submitted to the Court below, and the answers of the Court must be quoted in totidem verbis in the specification of error. Monroe v. Monroe, 8.

Assignments of error which contain merely a memorandum of the names of witnesses whose testimony has been erroneously received or rejected are not in accordance with Rule XXIV., and will be disregarded. Royse v. May, 104. Yeager v. Fuss, 557.

Where the requisites of Rule XXIV. as to the form of assignments of error are disregarded, the Supreme Court of its own motion will enter a non-pros. Dietrick r. Addams, 492.

Other matters. In appeals from preliminary injunctions the Supreme Court do not usually pass on the merits of the case, but except in those instances in which it is very evident that the Court below has been in error, continues the injunction. Truby's Appeal, 550.

The decision of the Common Pleas in a contested election case upon the merits is final. A certiorari to the Supreme Court brings up only the record, and if its regularity is affirmed, the decision of the Court below takes effect from its date. Luzerne v. Trimmer, 376.

Appeal from an order of Court disbarring an attorney. See ATTORNEY-AT-LAW. Ex parte Steinman, 145.

Right of a defendant paying money under an execution to recover it back upon reversal of the judgment. See ASSUMPSIT. Ins. Co. v. Heath, 516.