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ACTS OF ASSEMBLY CONSTRUED.

1715, May 28, 1 Smith Laws, 94. Sec. B, Covenants, 80.
1836, June 13, P. L. 551, Roads, 18.
1840, October 13, P. L. 7, Sec. 19, Equity, 280.
1846, April 21, P. L. 416, Sec. 1, Roads, 18.
1851, April 3, P. L. 320, Municipalities, 295.
1856, April 22, P. L. 533, Statute of Limitations, 280.
1800, March 31, P. L. 410, Sec. 111, False Pretense, 137.
1872, April 9, P. L. 48, Wages act, 321, 323.
1874, April 20, P. L. 65, Borough Taxes, 26.
1879, June 4, P. L. 84, Sec. 1, Auditors' Fees, 371.
1891, May 16, P. L. 447, Sec. 18, Fiduciaries-Specific Perforinance,

337, 412.
1891, June 8, P. L. 344, Husband and Wife, 133.
1895, April 18, P. L. 36, Borough Taxes, 26.
1897, July 30, P. L. 464, Wholesale License Act, 407.
1899, March 10, P. L. 8, Divorce-Masters' Report, 119.
1901, June 4, P. L. 447, Sec. 36, Mechanics' Liens, 96.
1901, June 4, P. L. 453, Sec. 51, Mechanics' Liens, 109.
1901, June 4, P. L. 431, Sec. 1, 2, 30, Mechanics Liens, 327.
1901, June 4, P. L. 453, Sec. 51, Mechanics Liens, 336.
1901, June 4, P. L. 425, Regulating Trust, 239.
1907, June 7, P. L. 440, Equity, 89.
1909, May 1, P. L. 317, Borough Elections, 26.
1909, April 1, P. L. 91, Sec. 3, Deeds of Conveyance, 216.
1909, April 23, P. L. 137, Defeasances, 296.
1909, March 18, P. L. 42, Surety of the Peace, 108.
1909, April 23, P. L. 142, Vacating Roads, 18.
1911, May 11, P. L. 279, Court Rulings Exceptions, 406.
1913, June 2, P. L. 421, Exceptions to Rulings, 406.
1913, July 22, P. L. 902, Municipalities, 353.
1913, May 28, P. L. 368, Township Roads, 18.
1915, May, P. L. 312, Borough Ordinances, 26.
1915, June 11, P. L. 900, Certificate of Birth, 233.
1915, May 14, P. L. 483, Sec. 12, Judgment, 62.
1915, May 14, P. L. 483, Practice Act, 33, 38. 81, 195, 181, 225, 226,

290, 331, 374, 375, 397, 410.
1915, March 26, P. L. 447, Sec. 6, Uniform Partnership Act, 240.
1915, June 2, P. L. 736, Workmen's Compensation, 11.
1916, August 29, Act of Congress-Interstate Commerce, 1.
1917, June 7, P. L. 447, Sec. 63, Auditors fees, 371.
1917, June 7, P. L.447, Sec. 18, Specified Performance, 337, 412.
1917, June 11, P. L. 773, Fornication and Bastardy. 107.
1917, June 7, P. L. 429, Sec. 1-a, Interstate Act, 412.
1917, May 3, P. L. 149, Judgment, 62.
1919, May 27, P. L. 306, Assault and Battery, 76.
1919, June 26, P. L. 642, Art. 3, Sec. 307, Par. 9, Workmen's Com-

pensation Act, 11.
1921, April 14, P. L. 144, Amending Practice Act, 181.
1921, May 12. P. L. 548, Cash Bail, 169.
1923, March 27, P. L. 34, Pinchot Enforcement Act, 407.
1923, May 23, P. L. 439, Charge of Court, 386.

AFFIDAVIT OF DEFENSE.

1. Where defendant avers that in his contract with plaintift, he
was an agent for another, but fails to aver that plaintiff had notice
of such agency; and where there is a discrepancy in the names of
corporations; and where defendant neither admits nor denies th:
allegations of the plaintiff, and demands proof thereof "if material
to the issue," judgment is entered for want of sufficient affidavit
of defense, 63.

2. Defendants after admitting a sale and delivery, cannot defend
on the ground that it was for an undisclosed principal who was a
member of the firm and one of the defendants, without averring
anything as to whether the principalship was disclosed or not, 116.

3. An affidavit of defense, in a suit on a promissory note, deny-
ing that plaintiff became the holder for value before maturity,
raises an issue of fact for a jury to determine, 143.

4. Where there is no rule of court, special allowance is required
by the court, for a rule on defendant to show cause why judgment
should not be entered for want of a sufficient affidavit of defense,
225.

5. When an affidavit of defense will be stricken oft, 290.

6. An averment in an affidavit of defense raising questions of
law, alleging that a wage notice was filed after a sheriff's sale, is
a speaking demurrer, 321.

7. Under what circumstances an affidavit of defense was held
sufficient to preevnt judgment, where a person was induced to sign
a promissory note by a contemporaneous parole promise and a
subsequent breach of promise, 377.

8. Where averments in the statement as to the number of
automobiles sold are not denied in the affidavit of defense, defend-
ant has no standing to raise the question, 381.

9. When an affidavit of defense was held sufficient to prevent
judgment on a suit brought to recover on promissory notes executed
and delivered in payment of merchandise, 403.

AFPRAISEMENT.

1. When on an appeal from a transfer tax appraisement which
included foreign real estate, the court could not determine in a
medite of the record before the court, whether a conversion would
surely take place, 324.

2. Under what conditions foreign real estate, under the terms of
the will vould be taxable, 324.

VDITORS.

1. Findings of the fact by an auditor are equivalent to a verdict
La Jury, and the same tests are applied in disposing of the ex-
ceptions to an auditors findings, 72.

2. When an auditor's fee is held to be excessive and is reduced,
370.

BANKRUPTCY.

1. Where property was delivered as collateral security to an en-
dorser, within four months from filing of bankruptcy petitions,
binding instructions in favor of defendant, are proper, where there
is no evidence to show that defendant had cause to believe that the
bankrupt was insolvent when the transaction took place, in an
action to recover said property, 135.

BILL OF LADING.

1. In a suit upon a bill of lading instituted by the holder against
the carrier, such holder is bound by the terms thereof and that if
the damages to the goods were due to the act of the shipper, the
clause of the bill exempting the carrier for damages caused by the

act of the shipper, will prevent recovery. 1.
BOROUGHS.

1. Borough ordinances require no title, but if one is used it may
not be unduly misleading, 26.

2. When the terms, conditions and matter in an ordinance do not
render it invalid, 26.

3. When the record does not show that the vote on an increase
of indebtedness, had been convassed and computed by the court, it
is insufficient to invalidate the election; it must be shown affirma-
tively that it was not so computed, 26.

4. A delay in filing an injunction restraining the issue of bonds
for more than fourteen months after an election for that purpose,
is fatal, 26.

5. When it was held that borough council was authorized and

within its powers in laying out and ordaining streets, 294.
CERTIORARI. SEE CONVICTION.
CITATION

1. After answering a petition for a citation and taking testimony.
a person cannot raise the question whether or not it is sufficient, it

not being directed to any person and no return day appearing, 337.
COMMISSIONS. SEE TRUSTEES.
COMMON CARRIER.

1. When a consignee who rejects a shipment of freight, is liable

to the common carrier for freight and other charges, 400.
CONTRACTS.

1. Where personal property was transfered to another, through
a contract placed in escrow, it was held in an interpleader issue
that there was no sale and delivery, prior to a sheriff's levy, of the
property in dispute, the contract remaining executory, 91.

2. When a plaintiff who contracted for the painting of houses
for a certain price per house, filed a scire facias sur mechanics lien
against one of the houses, the terre-tenant contended that the lien
should be reduced on the ground of a certain appropriation of pay-
ments made by the parties, it was held that while there was an
appropriation of payments to the account, there was no evidence
showing either the nature or items of the account, or the intentions
of the debtor of the time of the payment, and the evidence was not
sufficient to submit to the jury as to what were the terms of the
appropriation, 94.

3. Where both parties had a contract at a specific work, and on
account of defects, a certain contract was entered into between the
plaintiff and the defendant, defendant alleging, however, that the
claim of plaintife did not rise out of said contract and no work was
done thereon, an issue of fact is created, 101.

4. On an agreement to sell real estate unless otherwise provided
for the vendee is entitled to return of purchase money, if and only
if the vendor has failed to perform some contractural duty resting
upon him, 105.

5. A contract making vouchers conclusive evidence of a fact, is
not contrary to public policy, 174.

6. A contract made by an agent of an association, the principal
being disclosed, does not render liable another agent of said asso-
ciation for another purpose, 285.

7. A contract for the purchase of the stock of another corpor-
ation by a National Bank acting as agent or broker for another, is
not enforceable, 314.

8. The words, “at the special instance and request of defendants"
Indicate that a contract was either oral or written, and the state.
ment of claim should designate the kind of contract, 383.

9. In an action averring fraud and deceit in the making of a con-
tract for the sale of real estate, where plaintiff's action is based on
a contemporeous parole agreement, such an agreement must be al.
leged and proved, 386.

10. A party who seeks to enforce a contract made by his agent,
is bound by agent's declaration at the time, although he exceeds his
authority, 403.

11. The specific performance of a contract to sell real estate, said
contract being merely a receipt for down money describing property
by street and number, without designating city or town, cannot be

enforced, 416.
CORPORATIONS.

1. In a plaintiff's statement it is sufficient to allege that a cor-
poration agreed that a certain work be done, without setting fourth
the names of the officers of the corporation, 374.

2. An affidavit to a statement by an officer of a corporation
should include a statement of the expectation of being able to prove

the facts set forth on the trial, 383.
COSTS. SEE CRIMES AND CRIMINAL PROCEDURE.
CRIMES AND CRIMINAL PROCEDURE.

1. In assault and battery if a justice's record shows that the
prosecution was well founded, he need not before binding over de-
fendant for court, enter into a full hearing of the facts charged, 76.

2. What a transcript of a Justice of the Peace in a Surety of the
Peace case must affirmatively show, 108.

3. There must be a false representation of an existing fact, to
sustain a charge of false pretence, 137.

4. An indictment charging defendants with promising to invest
moneys in a first mortgage, and which were afterwards invested in
a fourth mortgage, and averring that defendants knew the standing
of the mortgage does not sustain a charge of false pretence, 137.

5. An indictment must charge a crime to sustain a conviction,
137.

6. In fornication and bastardy and failure to support illegitimate
child, defendant cannot introduce a birth certificate of the child for
purpose of showing marriage, especially when both testified that
they were not married, 107, 223.

7. Where a prosecution for perjury is brought with proper
motives by a policeman, he will be relieved from the costs imposed
upon him by a petit jury, 233.

8. While the court may signify its permission for submission of
a bill of indictment to agrand jury by formal endorsement thereon

before submission, and by overruling a motion to quash, it will only
be permitted in exceptional cases, 237.

DECEDENT'S ESTATES.

1. Under what circumstances the court itself restated an ac.
count and made distribution, after exceptions filed to an audi-
tor's findings, 72.

2. When and under what circumstances an absolute estate is not
reduced to a life estate by a subsequent clause in a will, 121.

3. When a legatee was required to elect whether to accept a
legacy in a will or to maintain his title to certain farm stock claimed
by him but also disposed of in said will, 149.

4. In a dispute as to ownership of personal property not in-
cluded in the inventory of the account of a decedent's estate, the
orphan's court will direct an issue to be tried in the Court of Com-
mon Pleas, 162.

5. Under what conditions, where residuary legatees sustained a
loss, it was held that a trustee was not guilty of negligence and
could not be surcharged, 185.

6. When it was held that heirs of a decedent could maintain an
action to recover waste against the executor of the life tenant, 393.

7. Where a decree of specific performance of a parole contract to
sell certain lands, was entered against the decedents representa-
tives, subject to the claim or right of the widow, the court refused
to modify said decree and include in the decree that a deed should

be delivered free of all claim, interest, and right of the widow, 413.
DEEDS.

1. The court will instruct the jury as to the legal effect of the

plaintiff's title documents when they show legal title in plaintiff, 373.
DEFENSE. SEE PRACTICE.

1. Where a person induced by a contemporaneous parole promise
signs a promissory note, a subsequent breach of the promise is a
fraud upon his rights, and he may set up the breach us a defense
to the note and prove the promise by parole evidence, 377.

DIVORCE

1. Where libellant in a bill of particulars in divorce, charges re-
spondent with adultery, specifying two distinct acts, and in a third
paragraph alleges adultery with the same person at other times and
places between certain dates, this third allegation held to be as
specific as nature of the case would allow, and rule for more specific
bill of particulars discharged, 17.

2. A single act of indignity not sufficient cause for divorce, 65.

3. What facts are sufficient to sustain a divorce on the ground
of indignities, 65.

4. The report of a master in divorce should contain findings of
fact, like the report of a master in chancery, or the report will be
recomitted, 119.

5. A Notary Public who verifies a libel in divorce, must reside in
the county where libel is exhibited, and it verified before a non-
resident notary, libel may be amended, 126.

6. A master in divorce being in a better position to judge the
reliability and credibility of witnesses heard before him than is the
court, his recommendation will be approved, 221.

7. Agreement between the parties in divorce suit, made after

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