BOND-Continued.

although void as a statutory obligation, for want of
proper acknowledgment under the Act. Wright v.
Keyes, 75.
Liability of obligors upon bond given by bidder for
municipal contract. (C. P.) City v. Wood, 94.

BOROUGH. A borough council cannot by a mere
resolution take land to widen a street. If they do so,
they are liable in trespass. Gilmore v. Connellsville,
342.

The act of borough officers in forcibly removing the
fence of a property-owner and appropriating his land
to widen a street, is a trespass, and does not warrant
proceedings in the Quarter Sessions for the assessment
of damages. Ib.

BUILDING ASSOCIATIONS.

A withdraw-
ing stockholder of a building association can only re-
cover the withdrawal value of his stock, under the con-
stitution and by-laws of the association, and not its
par value, even though it has matured. Laurel Run
Building Asso. v. Sperring, 340.

Such a stockholder cannot withdraw so long as his
stock is held in pledge, nor after the maturity of the
stock. Ib.

After the maturity of the stock, a stockholder is
entitled, not to the matured value of the stock, but to
an equal division of the assets, less expenses and
losses. Ib.

BURDEN OF PROOF, of forfeiture of insurance
policy for non-payment of assessments. See INSUR-
ANCE. Susquehanna Ins. Co. v. Toy Co., 306.

CHECK, action against bank for dishonoring.
BANKS AND BANKING. (C. P.) Birchall v. Bauk,
CHURCHES. See CORPORATIONS.

See
174.

CONSTABLE. A constable is not bound to exe-
cute a writ directed to him by an alderman unless he
is the constable of the township, ward, or district where
the defendant usually resides or can be found, or is
the next constable most convenient to the defendant.
Commonwealth v. Lentz, 378.

CONSTITUTION OF PENNSYLVANIA.
Art. III. § 7, 209.

IX. § 1, 138.

IX. § 7, 67.

XVI. § 8, 235.

CONSTITUTIONAL LAW. An Act giving
the right to file a mechanic's lien in certain cases,
which contains a proviso that the Act shall not apply
to counties having a population of over 200,000 in-
habitants is unconstitutional and void, being in contra-
vention of Article III. § 7, of the Constitution, which
provides that "the General Assembly shall not pass
any local or special law authorizing the creation, ex-
tension, or imp iring of liens. Davis v. Clark, 209.

The classification of counties by population and the
passage of laws applicable to a certain class only have
within reasonable limits and for some purposes been
admitted upon the assumption that counties having a
small population may ultimately have one much
larger. In the present case, however, two counties in
the State had at the time the law in question was
passed a greater population than 200,000. It cannot
be assumed that their population will ever fall below
that limit. Hence they are practically and perma-
nently excluded from the operation of the Act which
is special in its terms and local in its effects. Ib.

The Registry law of January 30, 1874, requiring
proof of the qualifications of an unregistered voter
before his vote is received, is not unconstitutional.
In re Martin McDonough, 49.

COMITY. Upon a request by the governor of
New York for the release from imprisonment of a citizen
of that State who had been kidnapped into this State,
and held under an indictment for a criminal offence
committed in this State from which he was a fugitive,
the release was granted. (C. P.) Norton's Case, 395.
COMMISSIONERS. Fees of for taking depo-
sitions, how recoverable. See FEES. Peters v. Rand,
539.

COMMISSIONS. See DECEDENTS' EStates.
COMMON CARRIER. After goods have been
delivered by a common carrier at its depot, the con-
signee has a reasonable time within which to remove
them, during which the liability of the carrier as an
insurer continues. But after the expiration of such
reasonable time the liability of the carrier becomes
modified, and it is only bound to exercise ordinary care
to secure the safety of the goods. The liability is that
of a bailee for hire, and grows out of the original con-
tract. National Steamship Co. v. Smart, 457.

If after the liability of a carrier as an insurer ceases,
goods of a consignee in its possession are destroyed or
damaged, the carrier is only liable in case the loss
occurred by reason of its negligence, which is a ques-
tion of fact which must be proven to the satisfaction
of the jury by the party seeking to recover. Ib.
COMPROMISE. See ACCORD AND SATISFACTION.
CONDITIONAL SALE. See DEBTOR

Creditor.

CONFIDENTIAL ADVISER. See WILL.

AND

Under Art. IX. § 1, of the Constitution of Pennsyl-
vania, taxes need not be uniform upon all subjects
within the territorial limits, but only upon the same
class of subjects. An ordinance, therefore, which
imposes license taxes, varying in amounts upon dif-
ferent kinds of industries, is not void for want of uni-
formity. Ib.

The absence for a provision for an appeal in an Act
authorizing an assessment upon property according to
the front foot rule does not infringe any constitutional
rights. Winter v. Reading, 329.

Property used as farm land cannot be assessed ac-
cording to the front foot rule for improvements to a
street upon which it abuts. A statute authorizing
such assessment is unconstitutional and void. Scran-
ton v. Penna. Coal Co., 131.

Road supervisors have no right to take soil from the
adjoining land for the improvement of a road until
compensation for the same has been tendered or
secured. (C. P.) Marshall v. Towamensing Twp., 235.
CONTESTED ELECTION. See ELECTION LAW.
CONTRACT. A promise by the chairman of a
political committee that he would be personally re-
sponsible for services to be rendered the committee, is
an original undertaking on his part, and is not a
promise to answer for the debt or default of another
within the Statute of Frauds. Hibbs v. Woodward,
338.

What sufficient evidence to establish a contract upon
the part of a defendant for the purchase of a horse.
Nelson v. Martin, 448.

CORPORATIONS-Continued.
plementary Acts of April 20, 1853, and March 27, 1854,
against whom judgment is recovered for the debts of
the corpo ation, which judgment he pays, is not en-
titled to contribution against the other stockholders,
except in the particular manuer specified in the Acts.
O'Reilly v. Bard, 257.

By the terms of the Act, a stockholder paying a
judgment is entitled to have an assignment of the
same, which he may enforce against the other stock-
holders who may have been parties to the proceeding.
He cannot enforce the judgment against any other
stockholders, nor can he recover in assumpsit a con-
tributory share of the amounts thus paid by him from
any other stockholders. Ib.

The transferee of stock in a corporation is liable for
assessments thereon as long as the stock remains ou
the books of the company in his name, although he
may have negotiated a sale thereof, and the board of
directors may have approved the transfer. Miller v.
Peabody Bank, 76.

Section 12 of the Act of April 29, 1874, authorizing
a corporation 10 assess upon each share of stock such
sums of money as the stockholders think proper, not
exceeding in the whole the original par value of the
stock, was intended to confer the power to make such
assessment upon stock, the fall par value of which has
been already paid by the subscriber. The liability to
assessment thereby imposed is independent of, and
beyond the liability for assessment up to par value.
Price's Appeal, 182.

Upon a writ of mandamus to compel corporate offi-
cers to perform their duties, the corporation should be
a party defendant. (C. P.) Commonwealth v. Coit,
270.

Under what circumstances a peremptory mandamus
will issue to compel inspection of corporate books.
(C. P.) Commonwealth v. Coit, 484.

A stockholder in a private corporation who is denied
access to corporate records and information as to cor-
porate affairs, may, in certain cases, have a mandamus
to compel the production of such books and papers as
are essential to him for some proper and definite pur-
pose, such as an accurate ascertainment aud legal
assertion of his rights as a stockholder. Common-
wealth v. Phoenix Iron Co., 113.

A company incorporated under the Act of April 29,
187, and its supplements to carry on a grain eleva or
and to issue warehouse receipts for grain, etc., is not
a public corporation. Girard Point Storage Co. v.
Southwark Foundry, 25.

A mechanic's lien filed against the real estate of
such a corporation is valid. Ib.

Under what circumstances an attachment will be
issued against the officers of an insolvent corporation.
(C. P.) Carondelet Co. v. Fairmount Ius. Co., 125.
Taxation of Corporations. See TAXES AND TAX

ATIONS.

COSTS-Continued.

The fees of a witness subpoenaed to testify as to irre-
levant matters cannot be taxed. (C. P.) Fisher v.
Scott, 126.

The costs of serving a subpoena are taxable, al-
though the service be made by the party himself.
(C. P.) Carroll v. Petry, 416.

Liability of husband for costs of action in slander
brought in the joint names of husband and wife.
(C. P.) Stener v. Becker, 519.

Where an interpleader is framed to test the owner-
ship of goods seized under an attachment, the costs
follow the verdict and judgment as in ordinary com-
mon law cases, and the Court has no power to make
any order, the effect of which will be to prevent the
winning party from proceeding to collect full costs
from the losing party. Black's Appeal, 308.
Security for costs, when ordered on ground of the
plaintiff s non residence. (C. P.) Appleton v. Ruth,

127.

The question of costs in a contested election lies in
the discretion of the Court which tries the merits of
the controversy, and cannot be reviewed in this Court.
In re Martin McDonough, 49.

Under what circumstances, it is proper to apportion
the costs in a contested election proceeding. Cumber-
land Co. v. Trickett, 434.
Apportionment of costs in equity. (C. P.) Harper
v. Greenmount Cemetery Co., 172.

A Court of Equity in its discretion may divide the
costs between the parties. McCaffrey's Appeal, 12.
COUPONS. See Bond.

COURTS. A bill praying discovery and account
for refusal to pay royalties under a license for use of
a patent right is sustainable in the Circuit Court when
the parties are citizens of different States. (U. S. C.
C.) McKay v. Mace, 503.

The Common Pleas have no inherent power to strike
off, vaca e, or satisfy a judgment or lien regularly
entered. Their jurisdiction at common law extends
only to the vacating and striking off of judgments, or
liens improvidently or irregularly entered. Stoke v.
McCullough, 459.

The Court of Common Pleas has power to suspend
its rules and seal a bill of exceptions after the expir-
ation of the time provided by such rules. McBeth v.
Newlin, 129.

Power of Common Pleas to change name of cor-
poration. See CORPORATION. In re Presbyterian
Church of Bloomfield, 499.

Where in a contested election for senator, the law
Judge of the judicial district in which the contest
arose is disqualified from sitting in the case, it -hould
be certified to the law Judge residing nearest the court-
house of the county in which the trial is required by
law to be had. Cumberland County v. Trickett, 434.
See ORPHANS' COURTS.

COVENANT. A certificate of membership in a

COSTS. Costs are only incident to final judgment,
and where a judgment, eutered on a warrant of attor-
ney in a lease, was set aside on payment by defen-
dant of rent due, the defendant is not entitled to
costs. (C. P.) Hinckley v. Riefsnyder, 175.

Costs may be imposed by the jury on a defendant,
although he was acquitted by the direction of the
Court, on the ground that the misdemeanor was not
committed within the county, as charged in the in-
dictment. (Q. S.) Commonwealth v. Meckes, 450.
The fees of a witness who is clearly incompetent
cannot be charged. (C. P.) Henn v. Holt, 403.

upon which an action of covenant will lie. (C. P.)
B rnbaum v. Passenger Conductors' Association, 176.

CRIMES, CRIMINAL LAW, AND PROCE-
DURE. Upon a murder trial, evidence of specific
acts of brutality, committed by the deceased and
known to the prisoner is not admissible in support of
evidence of the reputation of the deceased for brutal-
ity and violence adduced to show that the killing was
in self-defence. Alexander v. Commonwealth, 145.

The owner of a horse stolen by a bailee or other-
wise who pursues and captures the thief, is entitled
o the reward given by the Act of March 15, 1821.
Butler County v. Leibold, 464.

DAMAGES-Continued.
cial and peculiar injury resulting to him from the
neglect. (C. P.) Gold v. Philadelphia, 63.

Upon the withdrawal of an appeal by a land-owner
from a report of a jury of viewers, judgment will not
be allowed to be entered on the award nunc pro tunc,
nor will interest be allowed on the award from the
date of its filing, and up to the withdrawal of the ap-
peal. Donaldson v. Penna. R. R. Co., 312.

Where a firm, composed of father and son, held and
used real estate of the father for the business of the
firm under a parol lease of uncertain duration, but at
a fixed annual rental, the firm is entitled to recover
damages for injury to their leasehold, business, ma-
chinery, etc., caused by a railroad company appropri-
ating part of the real estate under the power of emi-
nent domain. Getz ". Phila. & Read. R. R. Co., 357
The owner and the lessee may join in proceedings
for the recovery of damages in the absence of objec-
tion by the railroad company.
Ib.

In such case, the damages to the lessor and lessee
may be assessed in gross, but the better practice is to
find a verdict for the aggregate amount, and then ap-
portion the same among the claimants. Ib.

Interest should be allowed upon an award from the
time of the locat on of a railroad. Ib.

In an action for failure to deliver ore according to
contract, the measure of damages, when inferior ore
has been furnished is the difference between the con-
tract price of the ore and the market value. West
Republic Mining Co. v. Jones & Laughlins, 491.

When shipments have been received without any
protest by the buyer, or inducements by the seller,
the dates for estimating the market price are the dates
when the shipments were received. Ib.

In an action for failure to supply certain mill ma-
chinery according to contract, the measure of damages
is, the amount paid upon the machines, the los by
defects in the machinery, and the cost incurred in
repairing the mill and putting it into a condition to
accomplish what the machines should have accom-
plished under the terms of the contract. Penny-
packer v. Jones, 361.

The loss of possible profits which might have been
made if the mill had been properly run, was not a
proper subject of damages, the plaintiff being mea-
surably in fault, and further, because such damages
were too remote and speculative. Ib.

DEBTOR AND CREDITOR - Continued.
that an actual assignment be made or the thing de-
livered. Ib.

A chattel was delivered under a bargain and sale,
and afterwards, because the vendee could not pay the
purchase-money, it was agreed that he should hold it
under a lease, paying at fixed periods, and when a
certain sum had been paid, the title was to vest in
him permanently, held, that under this arrangement
the vendor had no right of property in the chattel
against a creditor of the vendee. (C. P.) Wagner v.
Commonwealth, 14.

In order to make a sale of chattels which is condi-
tional as to the parties, absolute as to creditors, there
must be a delivery of the goods in pursuance of the
contract, and, further, there must be at least such a
conditional or qualified title in the vendee as to give
him a transferable interest in the chattels-such an
interest as he can, at any time during the running of
the condition, sell and dispose of at his own will. Ed-
wards's Appeal. 22.

If upon the transfer of chattels, it can be discovered
from the contract, that the party receiving possession
of the goods is to retain them for a definite period, and
if, at or before the expiration of the period, he pays
for them, he is to become absolute owner, otherwise
to pay for their use, this is but a bailment, and the
title to the property even as against creditors of the
bailee, remains in the bailor. If the bailee has paid
part of the price, his interest in the goods may be
taken in execution, but this will not affect the bailor's
title. Ib.

To constitute a bailment, neither payment for the
use of the goods, nor a promise to return them is ne-
cessary. Ib.

A., an insolvent, entered into an arrangement with
B. to carry on his business, which was that of a cur-
rier, as B.'s agent, and so held himself out to the
world, bought leather, made it up. sold it, and then
paid B. one cent a pound more than it was bought for.
In a contest between a former creditor of A. and B. as
to the goods, held, that the question whether A. was
B.'s agent was properly submitted to the jury, there
being no other evidence of fraud. Spanogle v. Doane,
156.

Extraordinary purchases of goods while concealing
insolvency is ground for a warrant of arrest under the
Act of 1842. (C. P.) Wright v. Slinger, 256.

Interest must not be allowed on damages from the
time of the accident. Ib.

DEBTOR AND CREDITOR. An order by the
cestui que trust in favor of a third person, on the trus-
tee to pay income not fully due, operates immediately
as an equitable assignment of the fuud pro tanto,
although the trustee has no notice of it until after
being served as garnishee with an attachment sur
judgment which issued after the date of the order.
(0. C.) Soley's Estate, 351.

In equity a valid and binding pledge can be made
of an interest in a partnership to be subsequently
created, so as to secure the pledgee a priority of lien
as against other unsecured partnership creditors.
Collins's Appeal, 5.

dyke, 161.

Rights of creditors of special partnerships under the
Act of 1836 to payment of their claims before special
partner can withdraw his capital. Coffin and Hurl-
but's Appeal, 52.

Rents of land in the hands of an assignee for the
benefit of creditors, being solely the product of the
land itself, should be applied on those prior liens
which would be entitled to the proceeds of the land
if sold. Wages creditors cannot claim to be entitled
to such rents. Wolf's Appeal, 162.

Insurable interest in the life of a debtor. See IN-
SURANCE. (C. P.) Corson v. Garnier, 451.

Burden of proof to sustain claim of wife to property
as against creditors of husband. See HUSBAND AND
WIFE. Williams's Appeal, 89; Troxell v. Stockber-