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PRISONERS, VICTUALING AND TREAT-were entitled to dividends awarded other depositors
MENT OF, 296-298.

and exceptions to an auditor's report refusing such

dividends sustained.-16.
PROFITS, LOSS OF, 232.

268. The mutual rights of debtors and creditors

of an insolvent corporation become fixed as of the
PROMISSORY NOTE.

day when receivers were appointed.—-{b.
ENDORSER OF,
2.

269. The receivers of an insolvent company were
PAYABLE TO EXECUTOR.

entitled to receive a bank deposit as of the time of
263. Where an executrix accepts a promissory

their appointment and this deposit cannot be set-off
note made to her individually by a debtor of the es-

against a note not then due. They were bourd lo
tate, she may sue upon the note either individually pay the note when it becomes due, or such dividend
or as executrix.-Beam v. Richard et al., 147.

as the assets of the company would afford. The ap-
264. Where the subject of a suit is a promissory change these rights.-16.

pointment of a receiver for the bank would nol
note given by defendant to an executrix in payment
of a debt due the decedent, the testimony of the RECORD.
executrix is competent to show the consideration by
stating what was said to her by the defendant at the

270. The question whether a bond accompany-
time the note was given. The Act of 1887 does not ing a mortgage, after being filed in the prothonotary's
apply, as the giving of the note was a transaction office and before entry of the usual notation on the
between the witness and the defendants, and not be

continuance dock, had been altered by the addition
tween the decedent and the defendants.--1b.

of certain words restricting the lien of the judgment
265. In such a case the testimony of the defend-

to the specific lands bound by the accompanying
ant that she was not indebted to the estate of the determined by the court on motion to correct the

mortgage, is one of fact for a jury, and cannot be
decedent is incompetent, since such testimony would

record.-Weiland v. W ciland, 18.
relate to transactions between the witness and the
decedent, and fall within the provisions of the Act REGISTER OF WILLS.
of 1887.-lb.

271. The register of wills has jurisdiction in all
PROXIMATE CAUSE, 204-207.

matters relating to letters which have been issued im-

providently; error in the name of the decedent may
PUBLIC CARRIER,, DUTY, 195.

be corrected by him.-Smith's Estate, 151.
PUBLIC CHARITY, 302.

REMAINDERMAN, 313.

PUBLIC SERVICE, CHARGE FOR, 305-307. REMEDY, INADEQUATE, 102-104, 114.

PUNATIVE DAMAGES, 168.

RENEWAL OF CONTRACT. 47.
RAPE, 67-68.

REPLEVIN, 287-288.
REAL ESTATE, CHARGE ON, 310.

272. One who exercises his right to a lien on an

automobile for repairs and storage, can not give a
REASONABLE TIME, 53.

counter bond and retain possession of the same in
RECEIVERS.

case of replevin by the owner.

His claim is pro-
tected by the bond given by the owner.

ner.-Shreiner v.
ACTION AGAINST, 245.

Kauffman, 122.
RIGHT OF, 59-59a.

REPRESENTATION, TO TAKE BY, 318.
266. The receivers of a bank have no rights
greater than or different from those of the bank REPRESENTATIVES, 326-328.
itself at the moment of the creation of the receiver-
ship, and those were the rights, fixed

RESIDENCE, 120.

by law,
at the time the depositor became insolvent, so that RES GESTAE, 191- 192.
a deposit in a bank could not be set-off against a
note held by the bank, said note not being then due. RESULTING TRUST.
-Com. ex rel. v. Piltsburg Bank for Savings, 114. 273. Neither a rule to bring ejectment under

267. It was immaterial whether the bank went Act April 16, 1903, P. L. 212, nor a petition for
into the hands of a receiver before suit entered an issue under Act June 10, 1893, P. L. 415, is an
against the bank. The receivers of the depositor appropriate remedy to settle title of land, where

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the petitioner's right, if any, arises from a parol 282. The petition having set forth that the road
promise by the holder of the legal title, tending to is a public road, it is no ground for an exception in
establish a resulting t.ust in her favor. The peti- that it is nct stated how it became such.-16.
tioner should proceed by bill in equity to first estab- 283. The sworn facts in the viewers' report,
Tish the resulting trust claimed in her petition.- without legal refutation, must be assumed to be true.
Joyce's Petition, 37.

Ib.

284. If it is not such a road as is properly with-
ROADS AND HIGHWAYS.

in the jurisdiction of this couit, it is incumbent on
274. An exception was filed to the report of the objector to show that fact.--Ib.
road viewers because “The supervisors of the town- 285. The petition for the opening of a new road
ship were not given notice as provided by law." | not only gave the termini, but marked out the route
Heid, that the exception is fatal.--Road in Hellam over which the proposed road was to be constructed,
Township, 205.

and the names of the owners of the land through
274a. A further exception was filed on the which it was to pass. Held, that the report must be
ground that the road was not laid out with reference set aside.-Road in East Mancehster Township, 168.
to the plct of the Borough, or to the general ar- 286. The petition for the view lies at the founda-
rangements, convenierce or advantage of the Bor- tion of all the subsequent proceedings, ar.d can do no
ough.” HELD, to be fatal to the proceedings.- Ib. more than state the beginning and ending..--1b.
275. Petitioners asked for an attachment against

SALE.
the township supervisors for failure to open a public
road according to the width set forth in the view- CONDITIONAL, 20.
ers' report and fixed by the court. HELD, that an

287. Judgment was entered for defendant where
attachment will not lic.-Road in East Manchester it appeared in replevin that defendant purchased
Township. No. 2, 182.

autcmcbile from one who had failed to make
276. Neither the general road laws nor the York all the payments or comply with the conditions of
County Act of February 17, 1860, P. L. 61, with an agreement, of which defendant had no knowl-
its supplements, give any express statutory author-edge, when the agreement upon which the original
ity for the issuing of an attachment to enforce obesale had been made in another state, was a condi-
dience to the order of the court, in road cases.- 1b. tional sale and not a lease.— Jones & Whitaker v.

Kunkle, 137.
277. The supervisors, as such, are required to

288. In an instrument, providing for the sale of
open a road as soon as practicable after the order of

an automobile and the payment of installments for
the court, and they have no discretion in the matter.

the unpaid balance of the purchase money, the
--Ib.

words "lessor" or "lessee" were not used, but the
273. A delay of about fifteen months makes a

parties were designated as "seller" and "buyer" and
clear case for the exercise of the court's authority the word "rent" as used was equivalent to "liquidat-
for the enforcement of the order.- 1b.

od” damages, and it was not clear that a bailment
279. An indictment of the supervisors for fail. was intended, the court on a rule for want of suffi-
ure to perform their duty is the proper remedy.-- 1b. cient affidavit of defense in replevin determined that
200. On petition viewers were appointed to va-

it was a conditional sale and not a bailment, dis-
cate a public road, and reported that "the part of charged the rule and entered judgment for defendant.
the road proposed to be vacated has become useless, ---Ib.
inconvenient and burdensome," and "there is no 289. An agreement to lease and demise a cer-
occasion for a public road between the termini set tain oven for a term of eight months, with covenant
forth in the petition and order of court." Excep- for surrender of the property at the end of the term,
tons were filed to the report on the ground of the coupled with an option to buy at that time for a
indehnteness and insufficiency of the petition and tatcd sam if the rent should then have been påid.
rport.

Heid, that the exceptions must be dis- the amount received as rent in that case to be ap-
missed.–Road in Carroll Township. 200.

plied as purchase money, is a contract, of bailment.
281. As the report set forth the holding of a and cannot be made to operate as a sale at the time
public meeting at which all parties, with their coun- of its date, in the absence of anything to either im-
cel, were present, and was accompanied by the tes- peach or vary its terms.- Johnson Co. v. Pryor et
timony of witnesses under oath, the report, as

al., 93.
whole, was clear and intelligent enough to withstand 290. Where the property co leased

taken
the exceptions filed thereto.- 1b.

in execution ard sold by the sheriff within eight

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was

d
to,

sworn to

as

months' term on a judgment against the lessee at the 295. Whether all the papers are treated as one
suit of a creditor, the sheriff's vendee acquired no petition, or regarded separately, is entirely imma-
title.-b.

terial, because any one of them duly sworn

would be sufhcient to sustain this proceeding, so
SCHOOL AUDITORS, 303.

far as the provisions of the Act of August 9, 1915,

P. L. 72, are concerned.-1b.
SCHOOLS, 165.

296. Allegations in the petition of ill treatment
291. The necessity for the erection of a school of certain prisoners, without giving names of parties
building and its size and style are matters within the or nature of injuries, and not signed or
sound discretion of the directors, with the exercise by any of the sufferers, are not sufficient grounds
of which the court will not interfere by injunction upon which to base an unusual proceeding.–1b.
except in cases of a clear abuse of such discretion.- 297. The court has no jurisdiction to inquire into
Schweitzer et al. v. Reichert et al., 76.

or change the fees or emoluments of the sheriff fixed
292. Under the Act of May, 1911, commonly by Act of Assembly.-1b.
called the School code, the directors have a discre-

298. But the charges made against the sheriff in
tion to award a contract to a person not the lowest connection with victualling the prisoners are such
bidder, if in their judgment the person

to whom

can be heard and determined by no one else
the contract was awarded was the best bidder; this -xcept the court, because the amount of the sheriff's
discretion is reviewable only when the directors act Wlowance is fixed by the court itself.-- 1b.
arbitrarily, capriciously or fraudulently.-16.

SHERIFF SALES.
293. A board of school directors agreed to pay
to a teacher as his salary "$50 to $55. (1, $50, 1,

DISTRIBUTION OF PROCEEDS, 87.
$55) per mark per month." The County Superin- OF GOODS NOT OF DEFENDANT, 168, 290.
tendent in his report gave the teacher a No. I mark

SIDEWALK, 35.
but the directors reduced his mark to land refused
to pay him more than $50 a month. On suit for $5 SPECIFIC PERFORMANCE, 69-69b.
a month more, Heid, that the directors had au-
thority to make such a contract but the mark desig-

STATEMENTS, UNAUTHORIZED, 88.
nated in the contract was the mark of the Superin- STATUTE, PLEADING OF, 249.
tendent and the plaintiff was entitled to a verdict.--
Miller v. Pequea Township School District, 33.

STOCKHOLDERS, 90.
SCHOOLING FOR INMATES OF

STOCK SUBSCRIPTION, 60-60a,

OR-
PHANAGE, 164.

STREET PAVING, PAYMENT OF COST
SCIRE FACIAS, ON MECHANIC'S LIEN,

OF, 174.
172-182,

SUBSCRIPTION FOR STOCK, 60-60a.

OF

PROCESS

VS.

ONE IN

SERVICE

OF

COMMON-

SERVICE.

SUMMARY CONVICTION.
ON NON-RESIDENT CORPORATIONS, 105-112.

299. On an appeal from a summary conviction
OF PLAINTIFF'S STATEMENT, 242-244.

for violation of the Act of April 2, 1794, 3, Sm.

Laws 177, where the record shows no fatal defect
WEALTH OR UNITED STATES, 18.

of procedure, and the sale of cigars on Sunday
SETTING ASIDE, 11, 105-112.

clearly proven, the judgment of the Alderman must

be affirmed.--Com. v. Degen, 132.
SET-OFF, 86, 266.

SUNDAY.
SHERIFF.

ENDORSEMENT OF NOTE ON, 2-3,
CARE or PRISONERS.

VIOLATION OF LAWS RELATING TO, 299.
294. Duplicates of a petition, which had been

SUPERVISION OF ROADS, 275-279.
separately circulated to secure signatures, were at-
tached to and filed with the original. Only one of SURETY.
these, having seven signatures thereto, was

DEATH OF, 24-25,
to. On a motion to dismiss the petition because it

OF TAX COLLECTOR, 303-304.
was not sworn to, Held, that the motion must be
dismissed.-Haas' Case, 203.

1 SURVIVORS, 326-328.

Sworn

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INHERITANCE.

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EXEMPT FROM.

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TRUSTEE, 129-131, 225.
300. A widow's $500 exemption claimed under UNFAIR COMPETITION, 133-139.
Section 12, of the Fiduciaries Act of June 7, 1917,
P. L. 471, is not subject to inheritance tax under

VACANCY, IMPROPERLY FILLED, 304.
the Act of July 11, 1917, P. L. 832.Hildebrand's VERDICT, JUDGMENT ON, 22.
Estale, 184.
301. Such exemption does not pass “either by

VESTED LEGACY, 311.
will or under the interstate law." It is a wife's in- WAIVER, 134, 172.
choate property right in her husband's estate which
becomes complete when she “retains” it.- 1b.

WARD, GUARDIAN AND, 125-126,

WATER COMPANIES,
302. A playground, connected with a parochial

305. A charge of four cents per cubic yard of
school which dispenses education to the public free concrete used in the mixing of concrete for the

pur-
ly and without discrimination, is an institution of pose of street paving is an adequate price, the tes.
purely public charity, within the Acts of 4 June, timony disclosing that from thirty-five to forty-five
1901, P. L. 364, and 19 March, 1903, P. L. 42, gallons of water was sufficient to mix one cubic yard
and is not subject to tax or municipal claims.of concrete.--City of York et al. v. York Water
Chester City v. Prendergast, 5.

Co., 54.

306. Where but two, out of the more than 11,000
TAX COLLECTOR.

consumers, request the installation of meters, and
303. An appeal from the report of school audi- where it appears that the charge is based

upon

the
tors will not be sustained upon the ground that the number of the water connections or outlets, for which
Court appointed another collector and gave him the the consumers are entitled to an unlimited supply,
duplicates; such appointment will not relieve the and where it appears that such charge is legal and
sureties on the former collector's bond.--Sitler's Ap- not excessive and in accordance with the charter
peal, 179.

powers of the company, the commission will make
304. When the court appoints one to fill an al-

no order compelling the water company to install
leged vacancy in the office of tax collector and lacks meters in all the homes, thereby entailing a needless
such power the appointment so made will not oust

expense upon the company, a necessary increase in
the elected collector nor release the sureties on his rates and possible unjust discrimination.- 1b.
bond.--Com. ev rel. v. Siller, 188.

307. Where no evidence of any kind or charac-

ter was ever presented in relation to the value of the
TENDER, 57.

company's plant, the cost of management, the nature

of its resources, the rate of return upon its invest-
TESTIMONY

ment, or any proof that any dividend declared upon
CREDIBILITY OF ORAL, 36.

its stock was unfair or excessive, and where there
PARTY BOUND BY OWN, 199.

is nothing in the case which would warrant any in-

terference with the rates filed by the company, the
TIME, REASONABLE, 53.

complaint as to their unjustness will be dismissed.--
TITLE.

Ib.

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OF ACT OF ASSSEMBLY, 117.
TO LAND, 149-151, 153.

WIDOWS' EXEMPTION, 71-72, 300-301.

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TOWN COUNCIL, MEMBER OF, 28-30.

308. Testator devised a tract of land of F for

life and to "his children in equal shares, with this
TOWNSHIP AUDITORS, 19.

provision that they pay unto the other devisees nam-
TRADE MARK, 136.

ed in this my last will, one-third of the valuation of

said tract of land. In case the said Michael Fer-
TRADESMAN, LIEN FOR WORK, 161-162. I row shall have no children at his death then the

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said tract of land shall be sold and the proceeds under the following clause of the latter's will: “I
thereof divided among the surviving devisees, named give and bequeath to my step-brother, James S.
in this will in equal shares." Part of this tract was Stepp, the sum of $400. The above sum to be paid
taken by a railroad company in condemnation pro- to him within one year after my decease, and should
ceedings, and after the death of the life tenant the he die without heirs the above sum shall fall back
fund came into court for distribution. The auditor to the children of my son, John H. Stepp." De-
distributed one-third of it among next of kin, cedent died without children, and the heirs of John
legatees and personal representatives of "the other H. Stepp claimed the amount of the legacy out of
devisees" named in the will, which report was con- his estate. Heid, that the words “die without heirs"
firmed by the court below, Wanner, P. J. Held, must be construed to mean death without heirs during
that the decree must be confrmed.-Fetrow's Estate. the lifetime of the testator, and that decedent took
No. 3, 51.

the legacy unconditionally.-Stepp's Estate, 80.
* 309. The clause "with this provision that they 317. Held, also, that the words "to be paid
pay unto the other devisees named" in the will, was within one year after my decease," referred merely
a condition imposed upon the passing of the fee and to the time of payment in case decedent should sur-
chargeable upon the land.- 1b.

vive the testator, and that decedent took the legacy
310. If it appear from the language of the will unconditionally.- 1b.
that the testator intended to couple the payment of 318. Testator bequeathed the residue of his es-
the legacy by the devisee with the devise of the land, tate "to my brothers and sisters, or their heirs, in
so that payment is to be made because or as a con- equal shares, the child or children of any deceased
dition on which the devise has been made, then the brother or sister to take by representation of his, her.
real estate is in equity chargeable with the payment or their parents." The auditor distributed the fund
of the legacy.-16.

of the surviving brother and sisters and to the chil-
311. If the devise of the land, upon which the dren of a deceaced brother and sister. Held, that
legacy is charged, becomes vested either in posses- exceptions hled to his report must be dismissed.-
sion or in interest immediately upon the death of the Martin's Estale, 106.
testator, and by the terms of the will is given sub- 319. The contention that the testator meant to
ject to the payment of the legacy, the legacy must be give his estate only to the child or children of such
considered likewise vested; and if the legatee should brother or those sisters who were living at the time
die before it becomes payable it will pass to his or he executed his will cannot be sustained.--1b.
her representatives; because in such a

320. A study of the whole will and the language
plain, from the terms of the will, that the legatee used by the testator impels the conclusion that the
was as much the object of the testator's bounty as

testator did not intend to exclude the children of
the devisee, and that the testator intended that the

any of his deceased brothers or sisters from the share
latter should take the land cum onere.-

6.-16.

which their deceased parent would have been en-
312. The value of the charge on one-third of the titled to had they survived him.- 1b.
land devised was to be determined at the time when

321. Testatrix bequeathed by one clause in her
it was to be paid.--1b.

will specific portions of sums deposited in three banks
313. The devisees, although receiving the fee, which she named, to a sister and a nephew, and
could not enjoy the use of it until the death of the in the same clause willed, "and the remainder in
life tenant and then when they entered into the en- the banks to my brother." She had funds deposited
joyment of the estate, the means of paying the leg. in two other banks. Held, that the brother took
acy became theirs.--1b.

only the balance in the three banks specificially
314. Where a decedent left by his will all of his named in that clause.-King's Estate, 108.
property to his widow for life with power to use 322. F. devised the "remainder of the share or
the principal, or sell or encumber the real estate if each child" to his executors "in trust

the
necessary for her maintenance, a promissory note income as it accrues to be paid to each child * * *
given by her for money borrowed will not be paid and at the death of either child the principal shall
out of his estate after her death.-Hahn Estate, 131. go to his or their then surviving children." One of

315. The legal sufficiency of a writing alleged to the legatees becoming bankrupt, the trustees sold her
be a will constitutes a question of fact which is suffi- interest and the auditor distrubuting the accumulated
cient to award an issue to be determined by jury.- income in the hands of the trustee, awarded the same
Estale, 206.

purchaser. Exceptions being hled to such
316. Decedent, prior to his death, received pay- award, Held, that the exceptions must be dismissed.
ment of a legacy, from the estate of his step-brother Frey's Estate. No. 2, 103,

case it is

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