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QUARTER SESSIONS.

indictment for a minor offence included in Q. S. of

the former, wherever under the indictment Commonwealth v. Neeley. for the greater offence the defendant could Criminal Law Former Conviction or have been convicted of the less; and if on Acquittal-When a bar to subsequent

the trial of the major offence there can be

a conviction of the minor, then a former indictmentGreater and less offence.

conviction or acquittal of the minor, will A former conviction or acquittal for a greater offence is a bar to a subsequent indictment for a minor offence in

bar the major. And where the evidence cluded in the former; and whenever, under the indict necessary to support the second indictment ment for the greater, there could be a conviction on the

would have been sufficient to procure a less, a conviction or acquittal of the minor offense will bar a subsequent prosecution for the greater.

legal conviction upon the first, the plea of A conviction of fornication and bastardy, held to bar autrefois acquit or autrefois convict is gena subsequent prosecution for the same acts under an indictment for adultery.

erally good; 1 Wharton on Criminal Law, Sur plea of former conviction.

sec. 560-565. An acquittal for voluntary The facts of the case appear by the

manslaughter is a bar to a future prosecu

tion for murder, and where a man is at the opinion of the Court.

same time guilty of an assault and of a January 28, 1884. FUTHEY, P.J. The battery on the same person, the acquittal defendant was indicted at April Sessions,

in one case is a bar to the other. 1883, in separate bills for 'fornication and

In the case before us, had the defendant bastardy,” and for “adultery and bas- been tried in the first instance on the intardy;" he was tried on the indictment for

dictment for adultery, he could, on such fornication and bastardy and was convict- trial, have been convicted of fornication. ed and sentenced. The Commonwealth

If a trial were now permitted to be had then arranged the defendant on the in- on the indictment for adultery, he could, in dictment for adultery and bastardy, to

like manner, be convicted of fornication, which he pleaded that he had been al

and thus we would have two convictions ready convicted and sentenced for the

for the same offence, the one already had same offence.

on the indictment for fornication and anIt is conceded by the Commonwealth other on the indictment for adultery. The that the illicit carnal connection charged evidence necessary to support an indictin both indictments is the same, and the ment for adultery, is sufficient to warrant question therefore presented is, whether, a legal conviction of fornication. where a defendant is convicted and sen- Illicit carnal intercourse is called by diftenced for the offence of fornication, he ferent names, according to the circumcan be afterwards tried on an indictment stances which attend it. It may be seduccharging him with the same unlawful act tion, incest, adultery, fornication and basas adultery, he being a married man. tardy, or simple fornication, but the body It is a rule than an acquittal or convic

of all these offences is the illicit connection on an indictment for a minor offense tion. In each case, the essential fact is generally no bar to a subsequent indict- which constitutes the crime is such conment for a greater, and the works on crim

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nection, and, on a trial for either of these inal law show the application of this rule. offences, the defendant may be convicted Thus, a conviction for assault with intent of fornication ; Dinker v. Commonwealth, to kill, would be no bar to an indictment 5 Harris 126. for murder, and an acquittal for larceny

For the latter offence the defendant has

He canwould not prevent a prosecution for burg- been convicted and sentenced.

not be again placed on trial for the comlary with intent to steal.

mission of the same criminal act, called An acquittal or conviction, however, for by another name. a greater offence is a bar to a subsequent The plea is sustained.

а

Roads in Windsor Township.

that came within its letter, and thus at the

very beginning of its existence the perpeViewersSimilarity of NamesWho tuity of the Record was threatened by intended.

those who should have been its most ear

nest supporters. The Court appointed Jacob Tyson as a reviewer. Jacob F. Tyson acted in that capacity. HELD, That as there The number of audits and other adverwas a Jacob Tyson residing in a neighboring township tisements connected with assigned estates and there is nothing to show who was iutended, the report sustained the RECORD the first year in a should be set aside, and an alias review granted.

substantial manner, but during the second Exceptions to report of reviewers.

year these declined, while the friends of E. W. Spangler for exceptions.

the RECORD were hardly justified in

standing alone as attorneys who required Levi Maish for report.

more advertising and made the expense February 28, 1884, WICKES,P.J. Jacob of settling estates larger than others. As

. Tyson was appointed a reviewer and Jacob decreased, and the second year of its ex

a natural result the income materially F. Tyson acted. The evidence shows that

istence left but a small margin for the there is a Jacob Tyson, a cousin of Jacob F., labors of the publisher. residing in a neighboring township, and we For the last two years the RECORD has are not able to say who is intended. Un

Un- been run at a loss. Frequent appeals der such circumstances the only safe plan

were made to the Bar in its behalf, the

last of which was the signing of a petition is to set aside the report and grant an

for a more stringent and comprehensive alias review under the provisions of the

Rule. This measure would have saved act February 23, 1870, P. L. 228. And

the RECORD, and we had no doubt as to now to-wit: February 28, 1884, we sus- the power of the court to adopt it; but tain the seventh exception, set aside this it has thought otherwise. However much report, award an alias review, and ap- RECORD, and a feeling of regret that

pride we felt in the publication of the point Frank J. McGee, of Wrightsville; York county could not compete with Jacob Sitler, of East Prospect borough, counties like Delaware in the publication and Daniel Anstine, of Windsor town- of a legal journal, we have no desire to ship.

pose as a benefactor of the Bar. If our journal is no longer desired, we will cease

inflicting it upon any one and give room VALEDICTORY.

for something else, or see the decisions of our court and the learning of our Bar sink

back to their former position, unpublished Four years ago the YORK LEGAL RE- and unknown outside our own precincts. CORD was launched upon the legal fra- To those members of the Bar who have ternity, and from the cordial welcome supported us from the beginning, we rewhich it received at the hands of the Bar,

turn our sincere thanks—the others we the publisher had reason to believe that forgive. If in the future any enterprising

genius makes a second attempt to pubit future prosperity was assured. Under

lish a law journal, we hope he may be the Rules of Court, adopted by the Bench, successful, and that the aid that was a liberal construction of which was ex

withheld from us will be extended to him. pected, nearly all legal advertisements Perhaps the absence of the RECORD, with were to be inserted in its columns, and

its conveniences and benefits, will cause

it to be regretted by those who "cared the expenses of publication liquidated in

for none of those things during its lifethis manner.

time. A number of the Bar put the construc

An index and table of cases will be tion on the rules that was expected by published in a short time, thus completing

the fourth volume. With that work our the Court and the publisher, and which

labors as editor and publisher of a legal was the manner in which the same rule journal will close, and the RECORD will was interpreted in Lancaster ; but a ma- have reached jority only inserted the advertisements

THE END.

INDEX
OF CASES REPORTED IN THIS VOLUME.

BENEFIT OF CREDITORS.

ACTION.

law hold that it is not imperative that the affiFORUM. INSURANCE, 14, 17.

davit should be made by the defendant person

ally, but that it should be so made unless cause PRIORITY OF. JUSTICE OF THE PEACE, 2.

is shown to the Court why it should be made by ACTS OF ASSEMBLY.

another.-Acker v. Moore, 190. 1718. February 22. HUSBAND AND WIFE, 7.

SUFFICIENCY OF. PROMISSORY NOTE, I. 1725. March 20.

ARREST, I. 1804. March 19. TURNPIKE, I.

AGENTS. INSURANCE, 3. 1814, March 22. JUSTICE OF THE PEACE, 12. ALIMONY. DIVORCE, I. 1836. June 13. ARREST, I. 1838. April 14. ARREST, I.

AMENDMENT. 1842. July 12. ATTACHMENTS, 2.

1. The court below may amend its record after 1853. April 18. DECEDENT'S ESTATES, 5. a certiorari has issued to remove it to the Su1855. April 26. JUSTICE OF THE PEACE, 15. preme Court.-Church's Appeal, 110. 1855. April 26. WILL, 4. 1855. May 14.

ANTE-NUPTIAL CONTRACT. HUSBAND AND WIFE, 7. 1857. April 24. INSURANCE, 15.

DECEDENTS' ESTATES, 12. 1863. April 8. INSURANCE, 15.

APPEAL. JUSTICE OF THE PEACE, II. WAGES, I 1872. April 9. DISTRIBUTION, I. 1873. April 4. JUSTICE OF THE PEACE, Io.

APPLICATION. INSURANCE, 12. 1879. June 4. WILL, 5.

ARBITRATION. PRACTICE, 1-2. 1881. June 8. PHYSICIANS, I.

ARREST. ADMINISTRATORS.

1. The statute of 1725 in reference to issuing LIABILITY OF,

writs of capias and the exemption of freeholds 1. G. S. and S. G. jointly administered upon from arrest is not repealed by the Act of 1836, the estate of J. G. and under proceedings in par- but is expressly declared operative by the Act of tition sold the real estate, upon which a charge April 14, 1838.Wolf v. Yohn, 106. had been created, which operated as a lien in the title, and which could not be discharged by

ASSIGNMENT. an Orphan's Court sale. The purchasers, however, paid the amount charged upon the land to 1. An absolute transfer of a man's property in the administrators who filed a joint account, in in trust for the payment of his debts will be rewhich they took credit for the sum of money so garded as an assignment under the Act of 1836 received, and for the unexpended interest on the without regard to the particular form of conveylien, due from the inestate. The interest passed ance, but a mortgage in trust to pay off certain into the hands of G. S., the principal into the notes at the time to which the creditors had exhands of S. G. C. S., for whose beneñt the charge tended the time of payment is not an assignhad been created, was living at that time, and ment.-Johnson's Appeal, 158. continued to live until 1861, five years after the filing of the account. In 1857, G. S. died, S. G.

OF JUDGMENT. JUDGMENT, I. continued to administer the estate, and was the ATTACHMENT. custodian of the principal sum received by him.

AGAINST A MINOR. He subsequently became insolvent, and died, without having paid over said principal to the

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1. When a minor contracts for goods, the same heirs of C. S., who were entitled to it upon her

the same not being necessaries, and afterwards death. When the account of the administrators

a domestic attachment is issued for the goods d. b. n. c. t. a. of G. S. was filed, and before the

and the minor through his guardian, ad litem, Auditor appointed to distribute the balance plead his in fancy : HELD, that the attachment, thereon, this principal sum was claimed by the

for that reason, must be dissolved. heirs aforesaid. HELD, (affirming the Court 2. When the attachment against the defendant below) That the estate of G. S. was liable for the cannot be sustained the proceedings against the said amount retained by S. G.-Sprenkle's Ap- garnishee must end.-Kraft v. Landis, 133. peal, No. 2, 55.

EXECUTION. JUSTICE OF THE PEACE, 1-6. RIGHT TO. DECEDENTS' ESTATES, 1-4. ADMISSION. INSURANCE, 13.

2. When an attachment would lie against a ADULTERY. DIVORCE, I.

party for nonperformance of a decree in equity,

it is also the proper remedy to enforce the payAFFIDAVIT OF DEFENCE.

ment of the costs. In such a case, it is not in BY WHOM MADE.

contravention of the Act of July 12th, 1851.1. The decisions under the affidavit of defence Church's Appeal, 1o.

WHEN IT WILL LIE.

FEES OF.

POWERS OF.

ATTORNEY-AT-LAW. DIVORCE, 2. JUSTICE COSTS.
OF THE PEACE, 8. JUDGES' CERTIFICATE.

1. In an action of trespass quare clausum freBAIL. JUSTICE OF THE PEACE, 11.

git the defendant plead a right of way. The BAILMENT. PRACTICE, 7.

jury found for the plaintiff, and upon a motion BANK STOCK. DISTRIBUTION, 6.

for the Judge's certificate upon the verdict, so

as to entitle the plaintiff to full costs, HELD, That BIBLE. CRIMINAL LAW, 9.

the Court will grant such certificate, where the

title to the land is in question. BOROUGH. MUNICIPALITY, 1-6.

2. That where the defendant seeks to prove BRIDGES.

a right of way over the plaintiff's land, it is such ACTION OF GRAND JURY.

an action as tends to encumber his title, and 1. The action of the Grand Jury upon the re- would come within the statute. -Mehring v, ports of viewers, re-viewers and re-re-viewers of Sparver, 17. a bridge determines the proceedings. Hence

OF PAUPERS. DIRECTORS OF POOR, 3. when one of the reports is approved by that body

WHEN COUNTY LIABLE. CRIMINAL LAW, I, 7. the Court has no right to set aside their action, unless for irregularity or want of jurisdiction in COUNSEL. the Grand jury.-Bridge in Rapho and West

DIVORCE, 2. Hempfield Townships, ul.

JUSTICE OF THE PEACE, 8. BUILDING ASSOCIATION.

COUNTY. USURIOUS INTEREST, 1. Where, by the charter of a building asso

LIABILITY FOR COSTS. CRIMINAL LAW, I, 7. ciation the right to collect otherwise usurious CRIMINAL LAW. interest premiums and fines was qualified by a proviso that such stockholder shall have signed

costs. Infra 7.

1. In the case of assault and battery, where an agreement containing the following words"

the defendant died after the Grand Jury had reetc., the association can only recover the actual amount loaned, with simple interest, if the bor

turned a true bill against him and before the rowing stockholder has not signed the agree

trial was held, the county cannot be compelled ment referred to.-Anthracite Building and

to pay the costs of prosecution.-Commonwealth Loan Association v. Lyons, 103.

v. Gallagher, 99.

FORCIBLE ENTRY, See HUSBAND & WIFE, 8, 9. CERTAINTY. ROADS, 13.

2. Where the marriage relation is disrupted, CERTIORARI. JUSTICEOF THE PEACE,3,7,12,13

or denied by one of the parties, who is in pos

session of the premises, a forcible entry by the COLLATERAL INHERITANCE TAX.

one out of possession is unlawful.-Com. ex rel. LEGACIES SUBJECT TO.

Boden v. Golrick, 51. 1. The will of the testator provided that the sum of $500 should remain charged upon his

FORMER CONVICTION. farm forever, the interest on $100 thereof to be 3. A former conviction or acquittal for a paid annually to the Caernarvon Cemetery Asso- greater offence is a bar to a subsequent indictciation for dressing and caring for his cemetery

ment for a minor offence included in the former; lot and grave; the interest on $200 thereof to be and whenever, under the indictment for the paid annually to the same association for fencing greater, there could be a conviction on the less, and keeping said cemetery in good order and

a conviction or acquittal of the miuor offence repair, and the interest on the remaining sum

will bar a subsequent prosecution for the greater. of $200 to be paid to the minister in charge of

-Com. v. Neeley, 209. the Methodist Episcopal Church in Churchtown 4. A conviction of fornication and bastardy for preaching the gospel.

held to bar a subsequent prosecution for the 2. HELD, that the portion of the legacy which same act under the indictment for adultery.-16. was to be used for dressing and caring for the

INSANITY. cemetery lot and grave of testator was not subject to collateral inheritance tax.

5. Witness testified that he had known John 3. HELD ALSO that the other portions of the

Coyle, Jr., 17 or 18 years, that he had plowed for legacy were liable for collateral inheritance tax,

John Coyle, Sr., plowed in the Spring; got and that as the testator had made no provision ground ready for potatoes and tobacco; that he for its payment out of any other fund or out of

saw John Coyle, Jr., on these different occasions; the residue of his estate the same should be de

saw him always about when the witness was ducted from the money so directed to be charged shed, one time white-washing, making fence;

there. “Sometimes he cut wood in the wood on said real estate.-Hurst's Executor v. Caernarvon Cemetery Association, et al., 193.

he and the old man followed me when I plowed

and gathered up stones; sometimes ferried river CONSTABLE.

mien, sometimes country people, across the

river, he spoke to me of course, sometimes he'd 1. A constable, who subpena witnesses for

ask me if I had my corn planted, if I had all my court, is entitled to charge, according to the

grain in, (I often went back and forward), asked Sheriff's fee bill, ten cents for each witness and

me if I had done husking corn,

* * * I have four cents for each mile traveled.

seen him ride horse back alone up the road 2. The person intrusted with the service of sometimes. This Spring 3 years Johnny came supena is not acting in the character of con- plow for us." Held, to show sufficient ac

and said the old man sent up to see if you would stable but rather as a Sheriff's officer, and cannot be allowed a higher rate.-Com. v.Neely, 129.

quaintance with the prisoner to be permitted to

express his opinion as to his soundness of mind. CORPORATIONS. DIVIDENDS, I.

-Com. v. Coyle, 47.

FEES OF.

6. It was not error to permit the District At- DEBTS. torney to ask the medical witnesses as to each

5. Under the Act of April 18, 1853, Sec. 2., the separate item of alleged evidence of insanity,

court may decree a sale of lands which are suband then group the whole into the question.-16. ject to the lien of debts not of record, although INSOLVENT.

no such debts are actually known to exist.7. A resident of this Commonwealth in con- Green's Estate, 122. finement for costs alone, under sentence of a

6. Where the real estate of a solvent decedent criminal court, is entitled to be set at liberry is sold by order of Court for the payment of forth with upon making application for the bene

debts, interest on liens does not stop at the date fit of the insolvent law, and presenting a bond date of confirmation of the sale, but when the in accordance therewith.-Com. v. Trout, 91.

money is paid to the debtor.-Yeatman's ApJURISDICTION. Infra, 8.

peal, 19. PLEADING.

7. If the estate were insolvent, the interest 8. A. was convicted of murder in one county. would cease at the date of the confirmation of The Supreme Court reversed judgment, and the sale.-16. granted a venire. The venue was then changed to another county. On the trial there the pris

DISTRIBUTION. DISTRIBUTION,

6. oner asked leave to withdraw his plea of "Not LEGACY Guilty," and plead to the jurisdiction of the 8. Personal property is the primary fund for Court. This the Court refused. HELD, not to

the payment of legacies that are not expressly be sufficient ground for a new trial.—Com. v.

and exclusively charged on land; and in such Coyle, 47.

case there must be a final account by the execREADING EXTRACTS.

utor, showing a deficiency of assets, before en9. It was not error to permit the District At- tering a decree for the sale of the land for the torney, in his argument to the jury, to read payment of the legacies.-Prince's Estate, 150. portions of the Pentateuch relating to murder.

RENTS. -Com. v. Coyle, 47.

9. Where an executor is compelled to rent the SEDUCTION.

decedent's real estate, and keep the property in 10. The evidence set forth in the opinion was

repair, he is entitled to a reasonable allowance was insufficient to go to the jury upon the ques- for these extra services.-Squibbs' Estate, 119. tion of a promise of marriage by the defendant prior to the seduction.-Rice v. Com. No. 2, 96.

10. But where part of such rent is lost through

his negligence, in not requiring security from WITNESS.

the tenant, he is properly surcharged with the II. The failure of the Commonwealth to call

amount so lost.16. a certain witness commented on.-Rice v. Com.

WIDOW'S EXEMPTION. No. 2, 96.

11. Death of a widow three days after filing CUSTOM.

petition for exemption, and before the approval CONDUCTING ELECTION.

of the appraisement by the Court, does not in1. Where the charter of incorporation of a re- validate the claim.-Lafferty's Estate, 61. ligious society contains nothing as to the mode 12. A widower of fifty-seven years of age enof conducting election of trustees and there are tered into an ante-nuptial contract with a destino by-laws of the society regulating the same, tute widow of sixth-three, whereby the latter, former usage and practice becomes the law in in consideration of a good and comfortable supsuch cases.The Seventh-Day Baptists of Eph- port during her life and a decent Christian burial, rata, Lancaster Co., 29.

agreed to release all claim in and to her intended DEATH.

husband's estate. Held, That the contract was

upon a sufficient consideration, and that on the EFFECT OF. CRIMINAL LAW, I; DECEDENTS'

husband's death the widow was accordingly not ESTATES, II; EVIDENCE, I.

entitled to $300 exemption.-Ludwig's ApDECEDENTS' ESTATES.

peal, 61. ADMINISTRATION.

DEED. 1. While the expressed wish of the decedent that A. should administer on her estate, would be strong ground to sustain his appointment

1. Although the whole of a deed be not writpending a question of discretion before the Reg

ten by the same hand, in the absence of erasure ister, it is not a sufficient reason to reverse the

or interlination the presumption is that it was grant of letters given to a fit person.-Groves'

all written before sealing. The burden is on Estate, 191.

the other side to show that an alleged alteration 2. The Act of Assembly giving the widow the

was subsequent to delivery of the deed.--Feig preferred right to administer on the estate of

et al. v. Meyers, 83. her deceased husband, has not made an imperfect

READING. or defective education a legal disqualification. 2. If a party who can read will not read a deed -Bowersox's Appeal, 135.

put before him for execution, or if being unable 3. A knowledge of the value of property, and

to read will not demand to have it read or exthe practical business transactions of life are plained to him, he is guilty of supine negligence sufficient to satisfy the requirements of the which it not the subject of protection, either at Statute.-16.

law or equity.-Anthracite B. & L. Associa4. The powers of the register's court are now tion v. Lyons, 103. vested in the Orphans' Court, and when letters

RECORDING, MARRIED WOMAN, I. of administration are revoked by it, it should direct to whom the new letters should issue.

DIRECTORS OF THE POOR. Ward's Estate, 36.

LIABILITY OF.

ALTERATION.

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