Moritz, Hokendauqua, is granted a license, a new applicant for an old place. Louis F. Neuweiler, and others are granted a license, an additional member being admitted into the firm.

Samuel J. Evans, Slatedale, new applicant for bottler's license, is refused. There is a strong remonstrance against it.

Granville V. Bachman, Smith Distillery, half way between Saegersville and Pleasant Corner, new applicant for old place, is granted a distiller's license.

KEMMERER vs. BARTON MFG. CO.

Justice of the Peace-Certified Copy of Plaintiff's Claim—Act of July 7, 1879, P. L. 194.

An "attested" copy of plaintiff's affidavit of claim is not a "certified" copy required by the Act of July 7, 1879, P. L. 194, to be served on the defendant; and, the record failing to show the service of a "certified" copy, the judgment will be reversed.

In the Court of Common Pleas of Lehigh County. No. 66 June Term, 1912. H. T. Kemmerer, Plaintiff in Error and Defendant Below, vs. The Barton Packer Manufacturing Company, Defendant in Error and Plaintiff Below. Certiorari.

Reno & Iobst, for Plaintiff in Error.

Milton C. Henninger, for Defendant in Error.

Trexler, P. J., October 28, 1912. Judgment was entered in the case under the Act of July 7, 1879, Sec. 2, P. L. 194. The record does not show that the affidavit of claim was "duly certified" by the justice. It is true that the record contains the statement that true and attested copies of the statement were served, but the record shows no compliance with the act. We might perhaps be justified in holding that "attested" is the same as "certified" but we are not inclined to do so in this case. Whilst the copy actually served forms no part of the record, it was produced in court and shows that it was not certified as required by the Act of 1879.

Now, October 28, 1912, the proceedings are reversed.

ROGERS vs. WRIGHT.

Practice-Affidavit of Defence.

Judgment cannot be entered against a defendant for certain items of damage, not specifically denied in the affidavit of defence, if he sets up certain facts, which, if believed by the jury, would excuse his default in regard to the contract, and would be a defence as to all items of plaintiff's claim.

In the Court of Common Pleas of Lehigh County. No. 31 October Term, 1912. Clarence C. Rogers vs. James H. Wright. Assumpsit. Rule for judgment for want of a sufficient affidavit of defence.

Morris Hoats, for Plaintiff.

James L. Schaadt, for Defendant.

Trexler, P. J., December 2, 1912. Plaintiff declares for $187 being damages alleged to be due by reason of a failure on defendant's part in keeping an agreement into which he had entered for the purchase of certain real estate.

The plaintiff alleges that he had endeavored to make a tender of the deed but that the defendant evaded it. The defendant denies this allegation. He does not specifically deny all the items of damages set forth by plaintiff but denies any and all liability. The plaintiff desires judgment for such items of damage as are not specially denied. The recovery of any item of damage is necessarily premised upon the liability of defendant. Until that appears, he owes nothing. He alleges certain facts which if believed by the jury, would excuse his default in regard to the contract, and would be a defense as to all items of plaintiff's claim. Until defendant's liability is fixed, we can not consider the items of damage.

Now, December 2, 1912, rule discharged.

COM. EX REL. vs. COMMISSIONERS OF LEHIGH COUNTY.

Election Law-Representative Districts-Extension of Boundaries by a City Composing a District-Act of February 15, 1906, P. L. 216

The City of Allentown was made a separate representative district by the apportionment act of February 15, 1906, P. L. 21. It afterwards extended its boundaries, thereby including within the city limits portions of the territory of another representative district. Held, that the voters in the annexed districts were not included in the representative district composing the City of Allentown, but remain in their original representative district.

In the Court of Common Pleas of Lehigh County. No. 40 October Term, 1912. Commonwealth, ex rel. William M. Gehman, vs. Commissioners of Lehigh County, Harry I. Koch, Intervenor. Mandamus.

Francis G. Lewis, for William M. Gehman.
Max S. Erdman, for County Commissioners.
Dallas Dillinger, Jr., for Intervenor.
Trexler, P. J., October 21, 1912.

FINDING OF FACTS.

First:-That by the Act of Assembly of February 15, 1906, P. L. 21, the number of representatives in the General Assembly of the State of Pennsylvania is fixed, the said State is apportioned into representative districts, and the County of Lehigh shall elect three members and shall be divided into three districts as follows: The City of Allentown shall constitute the first district, and elect one member; the Boroughs of Slatington, Coplay, Catasauqua, and West Bethlehem, and the Townships of Washington, Heidelberg, North Whitehall, Whitehall and Hanover, shall constitute the second district, and elect one member; and the residue of the County of Lehigh, not included in the first and second districts, 'shall constitute the third district, and elect one member.

Second: That the relator, the said William M. Gehman, was duly and regularly nominated at the Spring Primary in the year 1912 as the Republican candidate for representative in the General Assembly of the Commonwealth of Pennsylvania in the said Third Representative District of the County of Lehigh to be voted for at the election to be held on November 5, 1912, and which nomination has been duly certified to the Secretary of the Commonwealth as required by law.

Third:-That by order and decree of the Court of Quarter Sessions of the said County of Lehigh, there was annexed to the City of Allentown on June 3, 1901, a part

of the township of South Whitehall, hereinafter called Tract No. 1, which is described as follows:

Beginning at the northwest corner of Seventeenth and Chew streets, thence extending along the north side of Chew street as extended south seventy-four degrees fifteen minutes, west fifteen hundred and forty feet to the west side of Lafayette street, thence along the west side of said street south fifteen degrees forty-five minutes, east eleven hundred and thirty-eight and five-tenths feet to a point on the southwest corner of Linden and Lafayette streets, thence along the south side of said Linden street north seventy-four degrees fifteen minutes, east three hundred feet to the southwest corner of said Linden and Nineteenth streets, thence along the west side of said Nineteenth street south fifteen degrees forty-five minutes, east nine hundred and ninety-five feet, more or less, to a point in line of land now or late of Jacob Scholl, thence along the same north eighty-one degrees forty-one minutes, east four hundred and sixty feet, more or less, to a point, thence along lands now or late of Simon Sweitzer, north seventy degrees twenty-four minutes, east seven hundred and eighty-five and two-tenths feet, to a point on the west side of Seventeenth street, the western boundary line of the said City of Allentown, on June 3, 1901, thence along the said western boundary line of the said city north fifteen degrees forty-five minutes, west twenty-one hundred and eighty-six and fifty-eight one-hundredth feet to the place of beginning. Containing seventy acres of land, more or less.

Fourth: That by an ordinance of the said City of Allentown, another part of said township of South Whitehall, hereinafter called Tract No. 2, was annexed to said City of Allentown on March 22, 1904, and is described as follows:

Beginning at the southwest corner of Linden and Lafayette streets, thence along the west side of Lafayette street, being the western boundary line of said city on March 22, 1904, partly along lands of the estate of David Griesemer, and partly along lands of the Lehigh County Agricultural Association, north fifteen (15) degrees, forty-five (45) minutes west, twelve hundred and seventy-eight and five-tenths (1278.5) feet to a point on lands of the said Lehigh County Agricultural Society,

thence along the same, and partly through lands of the Greenwood Cemetery Association south seventy-four (74) degrees, fifteen (15) minutes, west, twelve hundred and thirty-seven and six-tenths (1237.6) feet to a point on the east side of the public road leading from Griesemersville to Albright's Tavern, thence along the same north, two (2) degrees west five hundred and sixteen (516) feet to a point one hundred and thirty (130) feet north of the middle of Gordon street, thence partly through lands of Henry Leh and partly through lands of Emanuel Schuman, south seventy-four (74) degrees fifteen (15) minutes, west, eight hundred and sixty-six (866) feet to a point one hundred and seventy (170) feet east from the middle of Twenty-third street, thence through lands of Henry Leh and Edwin Lichtenwalner, north fifteen (15) degrees, forty-five (45) minutes west, five hundred and eighty and eight-tenths (580.8) feet to a point one hundred and seventy (170) feet north from the middle of Liberty street, thence through lands of said Edwin Lichtenwalner, Muhlenberg College and Meyers and Arnold, south seventy-four (74) degrees fifteen (15) minutes west, fifteen hundred and eighty (1580) feet to a point one hundred and seventy (170) feet west of the middle of Twenty-fifth street, thence through lands of the said Meyers and Arnold, and one hundred and seventy (170) feet west from the middle of said Twenty-fifth street, and parallel thereto, south fifteen (15) degrees forty-five (45) minutes east, two thousand three hundred and fifty-nine and eight tenths (2359.8) feet to a point on the south side of an extension of Linden street of said city, thence along the south side of said Linden street, and through lands of Muhlenberg College, William L. Laros, Henry Leh, Fibre Works Co., estate of David Griesemer and lands of Alfred Griesemer, north seventy-four (74) degrees fifteen (15) minutes east, three thousand five hundred and sixty (3560) feet to the place of beginning; containing one hundred and fifty-two and nine-tenths (152.9) acres of land.

Fifth: That by another ordinance of the said City of Allentown, a part of the township of Salisbury, hereinafter called Tract No. 3, was annexed to said city March 23, 1906, and is described as follows:

Beginning at a point in the western house line of