this construction of the act, our instruc- In such case obtaining bids from dealers, without advertising for bids, is not a suffici

ent compliance with the act.

In such case, the discretion granted the court is a sound and reasonable discretion

under the circumstances of the case, and where the directors have failed to comply with the provisions of the School Code, relating to purchases of supplies, they should

be removed from office.

tions to the jury that the plaintiff was not required to have a tail light on his The removal of school directors for failure motorcycle burning when it was being to perform their duties, under Section 217 pushed to the street light for examina-of the School Code, is not mandatory, but is tion did the defendant no harm, first, be- within the discretion of the court. cause there is no testimony that would have justified the jury in finding that no tail light was burning. The testimony of the defendant and his companions that they did not see such a light, in connection with their explanation why they could not have seen it if one was there, viz: because one of the men pushing it, was in the rear of the car, would not have justified such finding in the face of the fact that the plaintiff and two witnesses who did see it testified that such a light was burning; and, secondly, because even though it was not burning, its

failure to do so would not have contrib

Petition for removal of school directors of the School District of the Borough of Prospect Park. Prayer of petition granted.

George H. Detwiler, for petitioners.
W. C. Alexander, contra.

Broomall, J., November 12, 1926.— This is a proceeding by petition and answer under section 217 of the Act of uted to the accident, because the road May 18, 1911, P. L. 309, known as the was well lighted, the motorcycle was School Code, for the removal from ofwithin forty or fifty feet of a bright fice of the five school directors of the street light, and the light from defend-School District of the Borough of Prosant's car furnished abundant light for pect Park. Since the petition was filed, the defendant to have seen the motorcy- the terms of office of two of the direccle if he had exercised reasonable care tors, Benjamin F. Moore and Clyde A. before running into it. A tail light Campbell, have expired, and they are no would not have added to the defendant's ability to see the motorcycle.

It was the defendant's duty to see what could be clearly seen on the highthe failure to have a tail light burning way upon which he was traveling and

under all these circumstances was not a

longer in office. Therefore they drop out of this proceeding except that they may be amendable to be considered in respect to costs.

18, 1911, divides school supplies into two The 706th section of the Act of May contributing cause of the accident. The classes. The first class consists of school rule for a new trial is, therefore, dis-desks, chairs, type-writers and school ap

charged.

paratus. The second class consists of maps, globes and all other supplies except text books, necessary for school use, not included in the first class.

The 707th section requires that pro

Prospect Park School Directors perty in the first class exceeding one

Common school-School directorsSchool code-Sections 706, 707 and 708 of School Code of 18 May 1911, P. L. 309-Supplies-Purchase of suppliesCoal-Bids-Advertisement for bidsRemoval of directors from office.

hundred dollars in value shall be acquired from the lowest bidder, after obtaining competitive bids.

The 708th section requires that as to property of the second class exceeding in value three hundred dollars, public notice shall be given once a week for three weeks in two newspapers, or if there be no newspapers in the district, It is mandatory upon school directors to then by posting in five public places in give public notice for bids for supplies in the district. and the contract for fur

excess of $300 as prescribed by Section 708

of the School Code of 1911, and to let the nishing such property shall be awarded contract to the lowest bidder. Coal is into the lowest bidder.

cluded in the supplies governed by that section.

The petition of the ten persons, resid

PAROLE

(1)

The last Friday of each month is hereby fixed by the Court of Quarter Sessions of the Peace as the time for hearing all applications for parole.

(2)

The petition for parole shall set forth all the material facts which shall be relied upon to secure the release upon parole. These facts shall include the subjects of inquiry detailed in Rule No. 8. Copies of this petition shall be served in accordance with the requirements of the Act of May 11, 1923, P. L.

204.

(3)

No release on parole shall be made until after the applicant shall have served at least one-half of the term of the jail sentence imposed upon him or her, except under special circumstances.

PROCEDURE
(4)

All testimony shall be taken by an official stenographer, shall be transcribed, and filed in this Court as part of the record of the case.

(5)

The District Attorney or his Assistant shall appear on behalf of the Commonwealth at all hearings, shall cross-examine witnesses produced by the Petitioner, and may produce evidence on the part of the Commonwealth.

(6)

Parole hearings shall be heard by the Court in banc, unless absence from the jurisdiction, sickness, or other cause prevents the attendance of either judge.

(7)

The costs of the proceeding shall include witness fees, and costs of all investigations conducted by order of the Court, and in all cases, unless otherwise directed by the Court, shall be included in and made a part of the costs of prosecution, and shall be paid in the same manner as such costs of prosecution are directed to be paid, except where the application is opposed by a private prosecutor or other non-official person or persons, in which case such disposition of the costs of the hearing may be made as appears right and proper.

(8)

Testimony at the hearing shall cover the following inquiries:

(a) The conduct of the applicant in jail.

(b) The previous criminal record of the applicant, if any.

(c) The health and habits of the applicant.

(d) The family of the applicant; dependents, if

any.

(e) The prospect of the applicant securing employment upon his discharge; the nature of such employment.

(9)

The Warden of the county jail, or his deputy, shall appear at all such parole courts.

(10)

In addition to such other conditions as may seem just and proper in each particular case, the following conditions be, and are hereby made applicable to each case released on parole, and are included in and made part of each order of parole:

(a) The parolee is placed in charge of and under the supervision of the proper Probation Officer.

(b) Parolee shall report in person at least once each week to his or her respective Probation Officer, and furnish such information as such Probation Officer may request.

(c) Parolee shall not remove from the jurisdiction of this Court during the term of parole without the consent of the Court first had.

(d) Parolee shall not voluntarily quit his employment or gainful occupation during the term of his parole without the consent of the Court first had.

(e) Parolee shall support such dependents as he may have in his family, or to whom he owes a legal obligation of support.

(f) Parolee shall keep the peace and observe all the laws of this Commonwealth during the term of parole.

(g) Parolee shall pay all fines and costs of prosecution imposed, before his release. The Court may, however, upon proof of inability to pay, make an order to pay the same in weekly installments. In case of such order the prompt payment of each installment is made obligatory.