1887, who paid for the same in four install- it can only be forfeited or revoked by the legisments, was entitled to interest on the sums lature, or at the suit of the state.-Paulino V. anticipated, since the use of such contracts Portuguese Ben. Ass'n, (R. I.) 26 A. 36. in taking subscriptions was an assertion by the company to be bound by its provisions, though subscriptions could not be paid in 10 months after April 1, 1885.-Hetfield v. Addicks, (Pa. Sup.) 26 A. 215, 154 Pa. St. 1, 32 W. N. C. 162. a 13. In an action by a subscriber to stock of gas company against a construction comvany to recover interest alleged to be due plaintiff on anticipated payments, under the contract of subscription, it appeared that the latter company constructed the works of such gas ompany, and received in payment a large amount of its stock; that defendant prepared a contract for subscriptions to such stock, which, after providing that sums subscribed should be payable in ten equal monthly installments, recited that "those desiring to do so can pay in full at any time, interest being allowed at four per cent. per annum;" that a member and officer of defendant induced plaintiff to subscribe; and that he paid his sub scription before it was due in four installments. and defendant delivered to him the stock. Held, that plaintiff was entitled to recover.Porter v. Beacon Construction Co., (Pa. Sup.) 26 A. 216, 154 Pa. St. 8, 32 W. N. C. 162. Stockholders. 14. A person who subscribes for stock of a company already organized and incorporated does not thereby become a stockholder, and is not entitled to a certificate therefor, or to a beneficial interest in the body corporate as an owner of its stock, until he has paid for such stock.-Baltimore City Pass. Ry. Co. v. Hambleton, (Md.) 26 A. 279. Dissolution and forfeiture of franchise. 15. When the specific frauds of the directors of a trading corporation are capable of complete redress, within the principles of remedial and preventive equity, something more than a mere apprehension of a repetition of the frauds is necessary to justify the dismemberment of the corporation and the appointment of a receiver, if such a course is ever justified in a decree of first instance.-Laurel Springs Land Co. v. Fougeray, (N. J. Err. & App.) 26 A. 886. 16. An application by citizens to the legislature, reciting a clause in the charter of a bridge corporation, which provided that the bridge revert to the state after 40 years, and stating that such time had elapsed, and asking the state to take possession, and make it a free bridge, will not revive the company's tenure of the bridge, where there is no legislative action beyond the report of a committee, with leave to withdraw granted to the petitioners.-State v. Old Town Bridge Corp., 26 A. 947. 85 Me. 17. COSTS. On dissolving injunction, see "Injunction," 26. 1. In a contest over the distribution of the proceeds of a sheriff's sale of land, where a subsequent lienor succeeds in his contention that he be given priority because of the fraudulent concealment of the entry of a prior judgment, the costs of the contest, and of an appeal from the decision of the lower court, should be borne by the owner of the prior judgment.-Hummel v. Hummel, 26 A. 299, 155 Pa. St. 198; Appeal of Breustle, Id. 2. Where a sum due an assignee for creditors was not paid over to the assignee until after the filing of a bill by the creditors to set aside the sale on which the money was due, the costs, on a dismissal of the bill, should be borne jointly by both parties.-Kalle v. Sibbald, 26 A. 290, 154 Pa. St. 470; Boston Dyewood & Chemical Co. v. Same, (Pa. Sup.) 26 A. 293. 3. On the distribution of testator's estate among the various persons entitled after the death of the life tenant, if an audit is rendered necessary by attachments or assignments of certain distributive shares, it is proper that the costs of such audit be imposed on the shares so attached or assigned, rather than on the whole fund.-In re Evans' Estate, (Pa Sup.) 26 A. 739, 155 Pa. St. 646. On appeal from justice's court. 4. Act March 22, 1814, provides that justices of the peace shall have jurisdiction of ae tions for trespass on land where the alleged damages shall not exceed $100, provided that, if the damages found shall not amount to more than $1, plaintiff shall not recover more costs than damages. Act April 9, 1833, provides that the costs on appeal from judgments of justices of the peace shall abide the event of the suit, and be paid by the unsuccessful party, as in other cases. Held, that a plaintiff who recovers $20 damages in a suit for trespass be fore a justice of the peace, and on appeal to the common pleas recovers $1.73, is entitled to full costs; and St. 22 & 23 Car. II. c. 9. providing that in actions of trespass, in which the title to the land is not in controversy, if the damages found shall be under 40 shillings, plaintiff shall not recover more costs than damages, though in force in this state, is not ap plicable.-Knappenberger v. Roth, (Pa. Sup.) 26 A. 223, 153 Pa. St. 614, 32 W. N. C. 181. In criminal cases-Liability of county. 17. Where a corporation was chartered to build a toll bridge, which was to revert to the state after a certain number of years, in proceedings to enforce the reversion there may be a judgment of ouster of the particular franchise, and not of the entire charter.-State v. Old Town Bridge Corp., 26 A. 947, 85 Me. 17. 18. The doctrine of waiver on the part of the state of the breach of a condition in a charter is not applicable when the franchise abso- See "Municipal Corporations." lutely determines upon failure to perform the condition.-State v. Old Town Bridge Corp., 26 A. 947. 85 Me. 17. 5. There being no express statutory provi sion to that effect, a county cannot be com pelled to pay for printing the "paper book" on appeal from a conviction in a criminal case.Commonwealth v. Buccieri, (Pa. Sup.) 26 A. 245, 153 Pa. St. 570, 32 W. N. C. 113. Council. Counsel. Rights of private persons to insti- Argument, see "Criminal Law," 10, 11. tute proceedings. 19. Where a committee appointed by the members of a voluntary association to procure a charter of incorporation obtain such charter, and organize thereunder, calling the corporation by the name of the voluntary association, the members of the association cannot enjoin such corporators from acting under the charter, in that, having been granted by the legislature, COUNTIES. See "Bridges;" "Highways:" "Municipal Cor County treasurer-Compensation. 1. Under Act May 23, 1887, § 1, providing that a county treasurer may charge and deduct from school, road, and other municipal taxes, "collected" and paid over to the proper authorities by them, a certain compensation, such treasurer is not entitled to commissions for receiving moneys collected by his predecessor, and disbursing the same.-Centre County v. Gramley, 26 A. 654, 155 Pa. St. 325. 2. Nor is he entitled to commissions for paying over to the state a debt past due by the county; since, in paying such debts with county funds, he was serving his employer, and was compensated by his salary.-Centre County v. Gramley, 26 A. 654, 155 Pa. St. 325. Liabilities-Expenses of prison inspect ors. 3. An item for meals furnished the board of prison inspectors while at the prison, in discharge of their official labors, should be allowed the prison treasurer, in settling his accounts; for, though there is no express provision in the law for such expenditure, yet, since the duties of the inspectors require constant attendance in the prison, they have authority to provide themselves with food out of the prison funds while in discharge of such duties.-Mogel v. Berks County, (Pa. Sup.) 26 A. 227, 154 Pa. St. 14. 4. An item for part of the cost of an outbuilding was properly rejected, the prison inspectors having no power to make the expenditure. Mogel v. Berks County, (Pa. Sup.) 26 A. 227, 154 Pa. St. 14. 5. The expense of a journey taken by the inspectors to another prison, to become familiar with the use of a machine they were authorized to buy to enable the warden to make a registry of all convicts according to the Bertillon system, should be allowed; for, though the expense might have been saved by correspondence with the makers of the machine, and securing the presence of an experienced salesman, yet the authority to make a personal examination, and get the judgment of disinterested persons in regard to the machine and the system, was incidental to the power conferred on the inspectors.-Mogel v. Berks County, 26 A. 227, 154 Pa. St. 14. Counts. Of votes, see "Elections and Voters," 2-4. County Courts. See "Courts," 3. COURTS. See, also, "Clerk of Court." State courts-Of appellate jurisdiction. 1. Gen. St. § 1129, provides that appeals must be taken to the supreme court of errors to be held in the judicial district where the judgment was rendered, but appeals from the district court of Waterbury may be taken to the supreme court sitting at New Haven or Hartford. Pub. Acts 1889, c. 141, consolidated the county of New Haven, in which Waterbury was situated, with the county of Fairfield. in which Bridgeport was situated, into one judicial district. Held, that the proviso to section 1129 was not intended to limit the right of appeal previously given, but to extend it to include a place without the judicial district or county in case of appeal from the district court of Waterbury; and that, under the act of 1889, a party to a judgment rendered in the district court of Waterbury was entitled to appeal to the next term of the supreme court of errors to be held at Bridgeport.-Fritts v. New York & N. E. R. Co., (Conn.) 26 A. 347. be extended to every suit of a civil nature at law in which the debt or matter in dispute, exclusive of costs, does not exceed the sum of $200, without making any exception of parties, the district court of Newark has jurisdiction to render a judgment against a corporation for $200.-State v. Blum, (N. J. Sup.) 26 A. 861. 3. The county court, independently of starute, has a discretionary power to set aside its own judgment rendered on plaintiff's default. Johnson v. Shumway, (Vt.) 26 A. 590. Orphans' court. vides that in all cases where property of a de4. Act Feb. 24, 1834, (P. L. 79,) § 33, procedent is sold on execution, and more money raised than is sufficient to pay off liens of record, the balance shall be paid over to the administrator for distribution, who, before any payment is made, shall give bond to the satisfaction of the court, conditioned for legal distribution of the money: provided, always, that the money shall be distributed as the real estate, of which it is the proceeds, would have been. Held, that the orphans' court alone has jurisdiction of such proceedings for distribution. In re Karch's Estate, 26 A. 432, 153 Pa. St. 385, 32 W. N. C. 24; Appeal of Shugar, Id. 5. The orphans' court has power to compel a widow to repay money derived from the sale of real estate, and paid to her by the guardian of a minor, to the guardian for investment, where the widow only has a life interest in the fund, the interest to be paid annually to the her the principal, on widow for life. and death, to be paid to the child.-In re Mulholland's Estate, 26 A. 612, 154 Pa. St. 491, 32 W. N. C. 265; Meeker v. Uzzle, Id. COVENANTS. Binding effect on grantee. 1. A covenant or stipulation inserted in a deed poll binds the grantee, his heirs and assigns, where such stipulation relates to the premises conveyed.-Haggerty v. Lee, (N. J. Err. & App.) 26 A. 537. Building restrictions. 2. Under Act March 11, 1816, (P. L. p. 109,) authorizing the governor, on payment of a sum stated by the city of Philadelphia, "to make a deed in the name of the commonwealth for said state house and square, vesting the title in said corporation in fee simple," such deed was made, containing a condition that "no part of said ground lying to the southward of the state house, within the wall as it is now built, be made use of for erecting any sort of buildings thereon, but that the same shall be and remain a public green and walk forever." Held, that only the state can object to the erection, by authority of the city, of a on the monument on Independence square, ground that it is a "building," within the Monument Fund, 26 A. 647, 154 Pa. St. 621, meaning of such condition.-In re Washington 32 W. N. C. 249; Appeal of State Society of the Cincinnati of Pennsylvania, Id. in the meaning of the condition of the deed by 3. A monument is not a "building," withthe state of Pennsylvania to the city of Philadelphia, conveying Independence square, and providing that no part of it shall be made use of "for erecting any sort of building thereon." In re Washington Monument Fund, (Pa. Sup.) 26 A. 647, 154 Pa. St. 621, 32 W. N. C. 249; Appeal of State Society of the Cincinnati of Pennsylvania, Id. CRIMINAL LAW. See, also, "Arrest;" "Grand Jury:" "Indictment and Information;" "Jury;" "Witness." Costs, liability of county, see "Costs," 5. Identification of accused, see "Rape," 3, 4. Insanity as a defense, see "Homicide," 3-7. Particular crimes, see "Assault and Battery;" ly in the discretion of the trial court.-Common"Bastardy;" "Embezzlement;" "Gaming" wealth v. Place, (Pa. Sup.) 26 A. 620. "Intoxicating Liquors:" "Larceny:" "Libel and Slander" "Nuisance:" "Obstructing Justice;" "Perjury;" "Rape.' Motion to quash indictment. 1. The discretion to quash an indictment on motion will not be exercised unless upon the clearest and plainest ground, but the defendant will be left to a demurrer, motion in arrest of judgment, or writ of error.-State v. Proctor, (N. J. Sup.) 26 A. 804. 2. Under Code, art. 27, § 286, which provides that no indictment shall be quashed by reason of any defect or imperfection of matter of form, "nor for any matter or cause which might have been the subject of demurrer to the indictment," a motion to quash is not available if the defect in the indictment can be reached by demurrer.-State v. Edlavitch, (Md.) 26 A. 406. Pleas-Entry by court. 3. Where defendant refuses to plead, the court may direct a plea of not guilty to be entered for him.-Commonwealth v. Place, (Pa. Sup.) 26 A. 620, 153 Pa. St. 314, 32 W. N. C. 107. Change of venue. 4. The statute provides that in criminal prosecutions the venue may be changed when it appears to the satisfaction of the court that on account of undue excitement or great prejudice against the prisoner a fair trial cannot be had in the county where the offense was committed. In support of an application for a change of venue the affidavits of defendant and two citizens of the city where the homicide occurred were presented, all stating a belief that a strong prejudice against defendant existed in the city, and for that reason a fair trial could not be had in that county. Held that, as the intensity of the excitement and the extent of the prejudice are peculiarly within the judgment of the court where the crime was committed, and the credibility of the affiants best known to such court, an order refusing the change of venue would not be disturbed, the affidavits in themselves not being sufficient to satisfy the appellate court that such prejudice and excitement existed.-Commonwealth v. Buccieri, 26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113. Continuance. 5. There is no abuse of discretion in refusing a continuance on the ground of want of time for preparation by counsel and for obtaining witnesses for defendant, when the senior counsel was assigned more than a month before the trial and the junior five days before, and their client was near them and communication easy, and they had daily access to the court, and could invoke its power to compel the attendance of witnesses. Common wealth v. Buccieri, 26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113. Conduct of trial. 6. On a discovery, after trial has begun, of an error in a copy of the copy of the complaint in an appealed criminal case, other than capital, the court, under Rev. St. c. 134, § 24, may, in its discretion, postpone the trial to a future day of the same term, to be resumed when the error is corrected, or it may discharge the jury and continue the case.-State v. Libby, 26 A. 1015, 85 Me. 169. 7. Counsel appearing by the consent of the prosecutor of the pleas will be allowed to take part in the prosecution of an indictment, though such counsel has been retained and paid by private persons, who are indirectly interested in obtaining a conviction.-Gardiner v. State, (N. J. Sup.) 26 A. 30. Severance. 8. The granting of a severance and separate trial to defendants jointly indicted is large 9. The fact that one defendant is attempting to escape by throwing the blame on the other is no reason for granting separate trials -Commonwealth v. Place, (Pa. Sup.) 26 A. 620, 153 Pa. St. 314, 32 W. N. C. 107. Argument of counsel. 10. The refusal of the court to grant an adjournment from Saturday night until Monday morning, and the allowing of counsel only two hours for discussion of the evidence, were matters within the discretion of the court be low, and will not be considered on appeal.Commonwealth v. Buccieri, (Pa. Sup.) 26 A. 228, 153 Pa. St. 535, 32 W. N. C. 113. 11 In presenting his case to the jury de fendant's counsel proceeded to argue that prosecutrix and the person accompanying her on the evening of the alleged assault were out to gether for an unlawful purpose, and the court stopped him, ruling that there was no evidence that they went out for such purpose. Hdd, that the action of the court could not have been taken by the jury as an assertion that there was no evidence that prosecutrix's physical condition might have resulted from a voluntary connection had with the person who was ac companying her, where counsel was afterwards permitted to argue that her physical condition as testified to by a physician was the result of an improper intimacy between prosecutrix and such person.-State v. Bedard, (Vt.) 26 A. 719. Evidence. 12. On a trial for maintaining a liquor nuisance, evidence that defendant had been se quitted on a charge of keeping the identical liquor with intent to sell, etc., though not a bar to the present prosecution, was admissible in evidence, since a judgment on a particular point is, as between the parties, conclusive in relation to such point, though the subjectmatter of the two suits be different.-State v. Dewey, (Vt.) 26 A. 69. 13. Defendant sought to establish an alibi by showing that he and his associates were at a certain house at the time the offense was committed, and to support his claim offered to show in full conversations claimed to have been then had. Held proper to confine evidence as to such conversations to a general outline of what they were about.-State v. Bedard, (Vt.) 26 A. 719. consideration of that evidence to give the de- the court's opinion has been expressed on the 25. On a trial for rape, where prosecutrix 20. A defendant has a right to a poll of the C. 113. Judgment and sentence-Insanity since 21. The homicide was in June, and the 26. Where the "manner" in which counsel argued the case to the jury does not appear in From inferior court. 27. On an appealed criminal case the court 28. Under R. L. § 3857, authorizing amend- 22. On trial of an indictment charging a Cruelty. CURTESY. of the state, as to this" being a house of pros- As ground for divorce, see "Divorce," 1, 2. 23. It was not error, on motion for new See, also, "Dower." In general. A judgment debtor, on his wife's de- Custodia Legis. Custody. 24. Under Act 1809, c. 144, (Code, art. 27, CUSTOM AND USAGE. When may be proven. 1. In an action to recover damages for fail- evidence as to the understanding among New 2. In an action for mason work, at a spec- 3. A custom of dealers in bonds and stocks, DAMAGES. Caused by public improvements, see "Municipal For conversion, see "Trover and Conversion," 5. In condemnation proceedings, see "Eminent Do- Exemplary damages. 1. Defendants' salesman, erroneously sus- When contract construed to provide 2. In a contract to complete a grand 3. In an action against a railroad company Measure for breach of contract. 4. Where one undertakes to procure a pol- 5. The failure of a manufacturing com- 26 A. 493; Arctic Ice-Mach. Manufg Co. v. 7. In an action for breach of contract to carry cotton from Savannah to Bremen via 8. An award provided that defendants Measure for torts. 9. In an action of trespass for distraining Perrin v. Wells, 26 A. 543, 155 Pa. St. 299. 10. In an action against a railroad company 11. In an action for personal injuries, the 12. It is not necessary, in actions under Act 224. Instructions. 13. In an action for personal injuries, the |