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PRISONERS, VICTUALING AND TREAT- were entitled to dividends awarded other depositors

MENT OF, 296-298.

PROFITS, LOSS OF, 232.

PROMISSORY NOTE.

ENDORSER OF, 2.

PAYABLE TO EXECUTOR.

and exceptions to an auditor's report refusing such
dividends sustained.-Ib.

268. The mutual rights of debtors and creditors
of an insolvent corporation become fixed as of the
day when receivers were appointed.--Ib.

269. The receivers of an insolvent company were
entitled to receive a bank deposit as of the time of
their appointment and this deposit cannot be set-off
against a note not then due. They were bourd to

263. Where an executrix accepts a promissory
note made to her individually by a debtor of the es-
tate, she may sue upon the note either individually pay the note when it becomes due, or such dividend
as the assets of the company would afford. The ap-
change these rights.—Ib.
pointment of a receiver for the bank would not

or as executrix.-Beam v. Richard et al., 147.

264. Where the subject of a suit is a promissory
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
time the note was given. The Act of 1887 does not
apply, as the giving of the note was a transaction
between the witness and the defendants, and not be
tween the decedent and the defendants.-lb.

265. In such a case the testimony of the defend-
ant that she was not indebted to the estate of the
decedent is incompetent, since such testimony would
relate to transactions between the witness and the
decedent, and fall within the provisions of the Act
of 1887.-lb.

PROXIMATE CAUSE, 204-207.

PUBLIC CARRIER,, DUTY, 195.

PUBLIC CHARITY, 302.

270. The question whether a bond accompany-
ing a mortgage, after being filed in the prothonotary's
office and before entry of the usual notation on the
continuance dock, had been altered by the addition
of certain words restricting the lien of the judgment
to the specific lands bound by the accompanying
mortgage, is one of fact for a jury, and cannot be
determined by the court on motion to correct the
record.-Weiland v. Weiland, 18.

REGISTER OF WILLS.

271. The register of wills has jurisdiction in all
matters relating to letters which have been issued im-
providently; error in the name of the decedent may
be corrected by him.-Smith's Estate, 151.

REMAINDERMAN, 313.

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

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REPRESENTATION, TO TAKE BY, 318.

RESIDENCE, 120.

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 by law,
at the time the depositor became insolvent, so that
a deposit in a bank could not be set-off against a
note held by the bank, said note not being then due.
-Com. ex rel. v. Pittsburg Bank for Savings, 114.

RES GESTAE, 191-192.

RESULTING TRUST.

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

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 not stated how it became such.-Ib.

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283. The sworn facts in the viewers' report,
without legal refutation, must be assumed to be true.

Ib.

284. If it is not such a road as is properly with-
in the jurisdiction of this court, it is incumbent on
the objector to show that fact.--Ib.

285. The petition for the opening of a new road
not only gave the termini, but marked out the route
over which the proposed road was to be constructed,
and the names of the owners of the land through
which it was to pass. HELD, that the report must be
set aside.-Road in East Mancehster Township, 168.
286. The petition for the view lies at the founda-
tion of all the subsequent proceedings, and can do no
more than state the beginning and ending..-lb.

SALE.

CONDITIONAL, 20.

275. Petitioners asked for an attachment against
the township supervisors for failure to open a public
road according to the width set forth in the view-
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.

an automobile 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 obe-sale had been made in another state, was a condi-
dience to the order of the court, in road cases.-
tional sale and not a lease.-Jones & Whitaker v.
Kunkle, 137.

ses.-Ib.
277. The supervisors, as such, are required to
open a road as soon as practicable after the order of
the court, and they have no discretion in the matter.
--Ib.

273. A delay of about fifteen months makes a
clear case for the exercise of the court's authority
for the enforcement of the order.-lb.

288. In an instrument, providing for the sale of
an automobile and the payment of installments for
the unpaid balance of the purchase money,
the
words "lessor" or "lessee" were not used, but the

parties were designated as “seller" and "buyer" and
the word "rent" as used was equivalent to "liquidat-
ed" 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.--Ib. 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, |--lb.
inconvenient and burdensome," and "there is no
occasion for a public road between the termini set
forth in the petition and order of court." Excep-
tions were filed to the report on the ground of the
indefiniteness and insufficiency of the petition and
report. HELD, that the exceptions must be dis-
missed.-Road in Carroll Township, 200.

289. An agreement to lease and demise a cer-
tain oven for a term of eight months, with covenant
for surrender of the property at the end of the term,
coupled with an cption to buy at that time for a
stated sum if the rent should then have been paid,
the amount received as rent in that case to be ap-
plied as purchase money, is a contract, of bailment.
and cannot be made to operate as a sale at the time
of its date, in the absence of anything to either im-

281. As the report set forth the holding of a
public meeting at which all parties, with their coun-
sel, were present, and was accompanied by the tes-peach or vary its terms.-Johnson Co. v. Pryor et

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al., 93.

290. Where the property so leased was taken
in execution and sold by the sheriff within eight

months' term on a judgment against the lessee at the
suit of a creditor, the sheriff's vendee acquired no
title.-Ib.

SCHOOL AUDITORS, 303.

SCHOOLS, 165.

291. The necessity for the erection of a school
building and its size and style are matters within the
sound discretion of the directors, with the exercise
of which the court will not interfere by injunction
except in cases of a clear abuse of such discretion.-
Schweitzer et al. v. Reichert et al., 76.

292. Under the Act of May, 1911, commonly
called the School code, the directors have a discre-
tion to award a contract to a person not the lowest
bidder, if in their judgment the person to whom
the contract was awarded was the best bidder; this
discretion is reviewable only when the directors act
arbitrarily, capriciously or fraudulently.-Ib.

295. Whether all the papers are treated as one
petition, or regarded separately, is entirely imma-
terial, because any one of them duly sworn to,
would be sufficient to sustain this proceeding, so
far as the provisions of the Act of August 9, 1915,
P. L. 72, are concerned.-Ib.

296. Allegations in the petition of ill treatment
of certain prisoners, without giving names of parties
or nature of injuries, and not signed or sworn to
by any of the sufferers, are not sufficient grounds
upon which to base an unusual proceeding.--Ib.

297. The court has no jurisdiction to inquire into
or change the fees or emoluments of the sheriff fixed
by Act of Assembly.-Ib.

298. But the charges made against the sheriff in
connection with victualling the prisoners are such
as can be heard and determined by no one else
except the court, because the amount of the sheriff's
allowance is fixed by the court itself.-Ib.

SHERIFF SALES.

DISTRIBUTION OF PROCEEDS, 87.

OF GOODS NOT OF DEFENDANT, 168, 290.
SIDEWALK, 35.

293. A board of school directors agreed to pay
to a teacher as his salary "$50 to $55. (1, $50, 1,
$55) per mark per month." The County Superin-
tendent in his report gave the teacher a No. 1 mark
but the directors reduced his mark to 1-and refused
to pay him more than $50 a month. On suit for $5 SPECIFIC PERFORMANCE, 69-69b.
a month more, HELD, that the directors had au-
thority to make such a contract but the mark desig-
nated in the contract was the mark of the Superin-
tendent and the plaintiff was entitled to a verdict.--
Miller v. Pequea Township School District, 33.

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STATEMENTS, UNAUTHORIZED, 88.
STATUTE, PLEADING OF, 249.

STOCKHOLDERS, 90.

STOCK SUBSCRIPTION, 60-60a.

STREET PAVING, PAYMENT OF COST
OF, 174.

SUBSCRIPTION FOR STOCK, 60-60a.

SUMMARY CONVICTION.

299. On an appeal from a summary conviction
for violation of the Act of April 2, 1794, 3, Sm.
Laws 177, where the record shows no fatal defect
of procedure, and the sale of cigars on Sunday
clearly proven, the judgment of the Alderman must
be affirmed.--Com. v. Degen, 132.

SUNDAY.

ENDORSEMENT OF NOTE ON, 2-3.
VIOLATION OF LAWS RELATING TO, 299.
SUPERVISION OF ROADS, 275-279.
SURETY.

DEATH OF, 24-25.

OF TAX COLLECTOR, 303-304.

SURVIVORS, 326-328.

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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
the Act of July 11, 1917, P. L. 832.—Hildebrand's VERDICT, JUDGMENT ON, 22.
Estate, 184.

VACANCY, IMPROPERLY FILLED, 304.

301. Such exemption does not pass "either by
will or under the interstate law." It is a wife's in-
choate property right in her husband's estate which
becomes complete when she "retains" it.-Ib.

EXEMPT FROM.

302. A playground, connected with a parochial
school which dispenses education to the public free-
ly and without discrimination, is an institution of
purely public charity, within the Acts of 4 June,
1901, P. L. 364, and 19 March, 1903, P. L. 42,
and is not subject to tax or municipal claims.
Chester City v. Prendergast, 5.

TAX COLLECTOR.

VESTED LEGACY, 311.

WAIVER, 134, 172.

WARD, GUARDIAN AND, 125-126.
WATER COMPANIES,

305. A charge of four cents per cubic yard of
concrete used in the mixing of concrete for the pur-
pose of street paving is an adequate price, the tes-
timony disclosing that from thirty-five to forty-five
gallons of water was sufficient to mix one cubic yard
of concrete.-City of York et al. v. York Water
Co., 54.

306. Where but two, out of the more than 11,000
consumers, request the installation of meters, and
where it appears that the charge is based upon the
number of the water connections or outlets, for which
the consumers are entitled to an unlimited supply,
and where it appears that such charge is legal and

303. An appeal from the report of school audi-
tors will not be sustained upon the ground that the
Court appointed another collector and gave him the
duplicates; such appointment will not relieve the
sureties on the former collector's bond.-Sitler's Ap-not excessive and in accordance with the charter
peal, 179.

304. When the court appoints one to fill an al-
leged vacancy in the office of tax collector and lacks
such power the appointment so made will not oust
the elected collector nor release the sureties on his
bond. Com. ev rel. v. Sitler, 188.

TENDER, 57.

TESTIMONY

CREDIBILITY OF ORAL, 36.
PARTY BOUND BY OWN, 199.

TIME, REASONABLE, 53.

TITLE.

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

REMEDY TO SETTLE, 273.

TOWN COUNCIL, MEMBER OF, 28-30.

TOWNSHIP AUDITORS, 19.

TRADE MARK, 136.

powers of the company, the commission will make
no order compelling the water company to install
meters in all the homes, thereby entailing a needless
expense upon the company, a necessary increase in
rates and possible unjust discrimination.-lb.

307. Where no evidence of any kind or charac-
ter was ever presented in relation to the value of the
company's plant, the cost of management, the nature
of its resources, the rate of return upon its invest-
ment, or any proof that any dividend declared upon
its stock was unfair or excessive, and where there
is nothing in the case which would warrant any in-
terference with the rates filed by the company, the
complaint as to their unjustness will be dismissed.—
Ib.

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

WILLS.

308. Testator devised a tract of land of F for
life and to "his children in equal shares, with this
provision that they pay unto the other devisees nam-
ed in this my last will, one-third of the valuation of
said tract of land. In case the said Michael Fet-

TRADESMAN, LIEN FOR WORK, 161-162. row shall have no children at his death then the

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 the 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. HELD, 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 confirmed.-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
pay unto the other devisees named" in the will, was
a condition imposed upon the passing of the fee and
chargeable upon the land.-Ib.

317. HELD, also, that the words "to be paid
within one year after my decease," referred merely
to the time of payment in case decedent should sur-
vive the testator, and that decedent took the legacy

310. If it appear from the language of the will unconditionally.—Ib.
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.-lb.
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 filed to his report must be dismissed.—
sion or in interest immediately upon the death of the Martin's Estate, 106.
testator, and by the terms of the will is given sub-
ject to the payment of the legacy, the legacy must be
considered likewise vested; and if the legatee should
die before it becomes payable it will pass to his or
her representatives; because in such a case it is
plain, from the terms of the will, that the legatee
was as much the object of the testator's bounty as
the devisee, and that the testator intended that the
latter should take the land cum onere.-Ib.

312. The value of the charge on one-third of the
land devised was to be determined at the time when
it was to be paid.--Ib.

319. The contention that the testator meant to
give his estate only to the child or children of such
brother or those sisters who were living at the time
he executed his will cannot be sustained.—Ib.

320. A study of the whole will and the language
used by the testator impels the conclusion that the

testator did not intend to exclude the children of
any of his deceased brothers or sisters from the share
which their deceased parent would have been en-
titled to had they survived him.-Ib.

321. Testatrix bequeathed by one clause in her
will specific portions of sums deposited in three banks
which she named, to a sister and a nephew, and
in the same clause willed, "and the remainder in
the banks to my brother." She had funds deposited

313. The devisees, although receiving the fee,
could not enjoy the use of it until the death of the
life tenant and then when they entered into the en-
joyment of the estate, the means of paying the leg-in two other banks. HELD, that the brother took
acy became theirs.-Ib.

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
of * * 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
Egan's Estate, 206.

316. Decedent, prior to his death, received pay-
ment of a legacy, from the estate of his step-brother

to the purchaser. Exceptions being filed to such
award, HELD, that the exceptions must be dismissed.
Frey's Estate. No. 2, 103.

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