religious exercises are not compulsory, the Illinois court states: "That suggestion seems to us to concede the position of the plaintiffs in error. The exclusion of a pupil from this part of the school exercises in which the rest of the school joins separates him from his fellows, puts him in a class by himself, deprives him of his equality with the other pupils, subjects him to a religious stigma, and places him at a disadvantage in the school, which the law never contemplated. All this is because of his religious belief. If the instruction or exercise is such that certain of the pupils must be excused from it, because it is hostile to their or their parents' religious belief, then such instruction or exercise is sectarian, and forbidden by the Constitution."

It has sometimes been stated that only parts of the Bible are sectarian, and therefore only such parts are within the constitutional prohibition. The Illinois. court disposes of this contention by stating: "If any parts are to be selected for use as being free from sectarian differences of opinion, who will select them? Is it to be left to the teacher? teacher may be religious or irreligious, Protestant, Catholic, or Jew. To leave the selection to the teacher, with no test whereby to determine the selection, is to allow any part selected to be read, and is substantially equivalent to permitting all to be read.'

The

Thus, amidst the clashing of doctrines. and sectarian controversy, although the weight of judicial opinion is to the contrary, the judicial tendency seems to be, as shown by the Illinois case, to prohibit reading from the Bible even in the absence of a constitutional provision directly prohibiting sectarian instruction. in the schools, unless there is some law requiring or allowing it.

Unrenewable Patent.

A lawyer who makes a specialty of patent cases was once engaged in a case before a country justice.

"Who are you, anyway?" demanded. the justice.

O. C. ADJUDICATIONS.
Thursday, October 29, 1914.
By JUDGE SMITH.

Barbara Weaver, Warwick.
George Evans, East Drumore.
Jacob L. Landis, East Lampeter.
Susan Worst, Salisbury.
Harry E. Powell, city.
Harriet Gealbaugh, city.

William K. Winters, Elizabethtown.
Martha E. Lehr, East Lampeter.
S. J. Bailey, city.

Martin L. Greider, Mount Joy Twp.
J. O. Buckwalter, city.

Susan Miller, Providence.
William Funk, West Donegal.
Edith M. Morton, city.
C. M. Rhoads, Pequea.

1790, May 20, judgment of other state....
1806, March 21

1807, May 24, attachment

1810, March 20, justices of the peace
1814, March 22, justices of the peace
1817, February 3, justices of the peace
1833, April 8, devises of 1eal estate,

1834, February 24, decedents' estates
1836, June 13, road law

46

June 13, attachment

19, 283, 290

26

134

27

74

203

375

20
77

6

316

29

28

19, 326

134

135

. 181, 184

15

12, 86, 138, 305, 317

1851, April 14, widows' exemption
1860, March 31, criminal code.

1863, June 16, Orphans' Court
1869, March 17, attachment
1872, May 10, L. & R. N. G. R. R. Co.
April 12, note for patent right

1873, April 3, L. & R. N. G. R. R. Co.

1874, April 29, corporations

May 14, road law

1876, April 17, summary conviction
1879, July 7, justices of the peace
1883, June 4, railroads

June 20, computation of time
June 27, fire insurance

1887, May 6, collateral inheritance tax

153
199

361

62

362

20, 21

134

130, 131

67

364

390

251

78

142

348

102

97

67

171

ADMINISTRATORS: See EXECUTORS

AND ADMINISTRATORS.

ADOPTION: See WILLS.

ADULTERY: See CRIMINAL LAW.

AERIAL NAVIGATION AND INTER-

I

62

AFFIDAVIT OF DEFENSE.
Wages - Discharge. - When affidavit
sufficient as to claim for additional
salary due if plaintiff's services were
"reasonably satisfactory" but insuffi-
cient as to claim for original salary
under contract. Barr v. American
Caramel Co.
Notes-Consideration.-In suit on pro-
missory note affidavit is sufficient which
avers as part of consideration that
plaintiff should remain for three years
in defendant's employ which he failed
to do. Godman v. Griffith
Inferences.-Court will not make infer-
ences of facts necessary to enter
judgment for want of a sufficient
affidavit. Ib.
Sales-Collateral oral contract. In suit
for price of machinery under written
contract, affidavit insufficient which
avers oral agreement that machinery
must work satisfactorily before pay-
ment. J. B. Colt & Co. v. Diffenbach 75
Wages. In suit for work done in May
affidavit not sufficient which avers
payment in full in April. Simmons
v. Edelson
Presumption.- Affidavit presumed as
strong as possible for defense and
facts not denied taken as true. Ib.
Wages-Contract. In suit for month's
wages under written contract, affi-
davit sufficient which avers that plain-
tiff stopped work without cause, con-
tract payable monthly is severable
monthly; monthly wages payable at
end of month. Harvey v. Richardson 91
Sales-Warranty-Rescissions.-In suit
for price of horse affidavit sufficient
which avers that horse was not as
warranted and too sick to return be-
fore his death. Degen & Pioso v.
Sondheimer

1891, June 11, evidence

1893, June 8, married women

June 25, depositions

66

1897, May 26, sheriffs' interpleader

46

May 26, illegal fees

1901, May 16, negotiable instruments ..

124, 213
.35, 154, 370

1905, March 10, duplication of criminal

22

203

50

82

92

Sale. When in suit for price of goods
sold affidavit insufficient which in gen-
eral terms denies quantity of goods al-
leged to have been received. Stoner
7. Bowermaster
Lease goods-Replevin-Set-off.—In re-
plevin for goods leased, affidavit is
insufficient which avers that defendant
had overpaid plaintiff on another
lease: set-off must be stated in affi-
davit with same particularity as is re-
quired in statement. Lanc. Supply
Co. . Thornton

ac-

Sale. In suit for price of goods, affi-
davit sufficient which avers that plain-
tiff had agreed to deduction on
count of defect in goods. Bailey v.
Landis
Belief.-Sufficient to set forth that facts
are true and defendant expects to be
able to prove them. Ib.
Replevin bond-Set-off-Damages.

In

PAGE

174

217

316

334

342, 344

action on replevin bond, affidavit suf-
ficient which alleges set-off for dam-
ages ex contractu. Hensel's Use v.
Hertzler
Note-Parol agreement. In suit on note
affidavit insufficient alleging parol
agreement that note not to be paid
but no averring fraud, accident or
mistake. Farmers Trust Co. Admr.
2. Crawford
Judgment. On sci. fa. to revive no
defense permitted, except it arose since
judgment, if before judgment should
be opened. Evans v. Brinkman ...
Salary-Payment. When in suit for
salary affidavit sufficient which avers
payment, for time defendant worked
and failure to employ assistant for
whom he collected wages. Wonders
7. Gunzenhauser
Foreign judgment.-Affidavit insufficient
in suit on foreign judgment which
avers as payments transactions which
occurred before the judgment. Hess-
ton State Bank 7. Andes.
AGENCY: See PRINCIPAL AND AGENT.
ALDERMEN: See JUSTICES OF THE PEACE.
ASSIGNMENT FOR CREDITORS.
Execution.-Execution against personal
property will be stayed on assignment
within four months and judgment be
a preferred claim unless collusion be
shown or intent to prefer. Hagen's
Assigned Estate
Practice-Unproved claims. Unproved
claims may be prescribed and allowed
by auditor. Ib.
Judgment.-Entered within four months
preferred claim against proceeds of
real estate where no preference in-
tended; but not including attorney's
fee not liquidated on scire facias.
Wright's Assigned Estate
Crops.-Proceeds go to lien creditors. Ib.
ASSUMPSIT: See PRACTICE.

351

373

393

33

154

ATTACHMENT: See FOREIGN ATTACH-
MENT.

ATTACHMENT UNDER ACT OF 1869.
Issue-Practice-Possession. - No time

PAGE

within which sheriff required to ask
for issue; may be granted ten months
after judgment although goods in
meantime levied on under another exe-
cution on which another issue was
granted; failure of sheriff to take pos-
session does not affect levy. Witmer
7. Killian
... 199
ATTORNEY-AT-LAW: See LAWYER.
Fee. Where additional council em-
ployed and two work for same results
but not as colleagues, fee for such
services should be.
Gerz'
divided.
Estate
AUDITORS.

Transcript from justice-Husband and
Wife. An attachment on a transcript
from a justice against a husband and
wife, the wife can not defend on
ground that she was a surety. Potts
7. Guhl et al.

AUTOMOBILES.

Self-incrimination of automobile drivers.
Article ...

BABYLONIA.

Babylonian Laws. Article

BAILMENT: See REPLEVIN.

BANKRUPTCY: See JUDGMENT.

Affect of Bankruptcy on Insurance
Policy. Article

Affidavit of defense.-Rule for judgment
for want of sufficient affidavit sus-
pended by bankruptcy. York Utility
Co. v. Fisher

BANKS AND BANKING: See CRIMINAL
LAW; EXEMPTION (DEBTORS); PROMIS-
SORY NOTE; SALES.

239

68

336

128

15

93

......

CONTEMPT OF COURT: See SUBPOENA.
CONTRACTS: See AFFIDAVIT OF DE-
FENSE; CORPORATIONS; CRIMINAL LAW;
EMPLOYER AND EMPLOYEE; EVIDENCE;
JUDGMENT; MARRIED WOMEN; RAIL-
ROADS AND RAILWAYS.
Failure to read.-No excuse for failure
to read written contract before sign-
ing. Colt & Co. v. Diffenbach ...
Real Estate -Specific performance.-
Specific performance can be decreed
against a third party who purchased
real estate after notice of contract to
sell to another; subsequent sale of per-
sonal property no defense. Wrights-
ville Hardware Co. v. Assets Realiza-
tion Co. et al.
Same-Vendor and vendee. - Advance
payment by vendee "returnable on de-
mand" means demand by vendee. Ib.
Tender.- Party who alone knows
exact amount that should be tendered,
and makes no objection to tender with
offer to perform cannot afterwards
question tender. Ib.
Weaver v. P. R. R.
Release of-Set-off-Real estate com-
missions. Effect of letters releasing
mutual contracts for court; when un-
der mutual agreements amounts due
for purchase money should be set-
off against commissions. Hepler v.
Sweet

CONTRIBUTORY NEGLIGENCE: See
NEGLIGENCE.

CORPORATIONS: See FOREIGN AT-
TACHMENT.

Contracts for stock-Damages.-Corpor-

ation not liable for failure to deliver
stock under contract, without previous
demand, no time being designated.
Weaver v. Box Co.
COSTS: See EVIDENCE; JUSTICE OF THE
PEACE; WEAK-MINDED PERSONS.

409

75

145

163

302

221

COURTS: See JUDGES; SUBPOENA.
History of Lancaster District Court.
Article

CRIMINAL LAW: See EVIDENCE; JUs-
TICE OF THE PEACE.

Jurisdiction of Q. S.-Cruelty to ani-
mals. Quarter Sessions Court has no
jurisdiction over charge for cruelty to
animals under Act of May 6, 1909.
Com. 7. Lilash
Limitation.-Defendant cannot move in
arrest of judgment where found by
jury to have been a fugitive, what
evidence sufficient to fulfill burden of
proving that defendant was fugitive.
Com. v. Myers

Bad check-False pretense-Bank. In-
dictment for false pretense in giving
bad check must allege particulars of
refusal of bank to pay. Com. v.
Mahoney...

Indict-

PAGE

254

6

II

13

85

86

Larceny of note-Indictment.
ment for larceny of check given for
renewal need not aver trick or artifice;
signed note subject of larceny whether
or not paid. Com. v. Lansinger .... 55
Adultery Husband and wife - Prac-
tice. Indictment for adultery on in-
formation by husband will not be
quashed. Question should have been
raised on proceeding for discharge
before indictment. Husband's testi-
mony before grand jury presumed
not to have been on incompetent mat-
ters. Com. v. McNew
Larceny of note. When indictment
sufficient for larceny of note. Com.
v. Howell
False pretense-Contract. -- No defense
that money lost through a contract
when false pretense induced contract;
false pretense need not be made at
time money is paid. Com. v. Snyder. 129
False pretense-Corporation.-Not de-
fect for indictment to charge false
pretense to corporation and not to
officers thereof. Com. v. Kauffman. 137
Same-Indictment. - Transcript from
justice sufficient if it gives fair notice
of nature of offense; contradictory
statements in complaint do not matter
if it sustains indictment. Ib.
Disorderly house. When offense prop-
erly charged and no variance. Com.
v. Galebach
Domestic animals act.-Jndictments un-
der Act of July 22, 1913 for driving
diseased cattle should be quashed as
Act is unconstitutional. Com. V.
Falk and Weber
181, 184
Murder-Self-defense. Where defense
is self-defense it must be shown by a
preponderance of testimony and be-
yond a reasonable doubt. Com. v.
Lindsay
Same.-Right to repel with any violence
necessary an invasion of one's home
does not apply to boarder. Ib.

139

241

New trial.-Will not be granted for
error in charging jury that if they
found certain facts they could convict
defendant of murder where the ver-
dict was guilty of voluntary man-
slaughter. Ib.

Larceny of bailee-Note.-Conversion
of note given to renew other note is
larceny by bailee; offense committed
when accused converted note to his
own use not when he got possession;
mere continuance of possession in ab-
sence of demand to return not con-
version. Com. v. Dissinger
Murder—Amendment.-Indictment for
murder alleging date not yet arrived
may be amended after verdict; formal
defect must be taken advantage of,
before jury sworn and is not ground
for arrest of judgment after plea.
Com. v. Tassone.
Same-Limitation.-Statute does not run
in homicide cases and time no ele-
ment. Ib.

PAGE

281

305, 409

Embezzlement by school tax collector.-

When indictment for under Sec. 566
of School Code sufficient; need not set
forth names of people who paid tax;
Sec. 28 of Criminal Code does not
apply; when indictment not void for
duplicity. Com. v. Klugh

-

Bigamy. Not a continuing crime as co-
habitation not an essential ingredient.
Com. . Beekman
Bigamy-Adultery. When defendant
guilty of adultery but not bigamy. Ib.
DAMAGES: See AFFIDAVIT OF DEFENSE;
CORPORATIONS; EMPLOYER AND EM-
PLOYEE; EVIDENCE; JUSTICE OF THE
PEACE; LANDLORD AND TENANT;
NEGLIGENCE; RAILROADS AND RAIL-
WAYS; ROADS; SALE.
Water-rights Eminent domain

Viewers.-The scope of duties of the
duly appointed board of viewers un-
der the Act of 1911 includes assess-
ment of damages to land by the di-
version of natural stream by water
company under right of eminent do-
main. Strine 7. York Co.

DECEDENTS' ESTATES: See COLLA-
TERAL INHERITANCE TAX; EXEMP-
TION (WIDOW); PRACTICE (O. C.);
TRUSTS; WILLS.

Services. Stepfather of deceased minor
allowed claims for services in addi-
tion to boarding and nursing. Fritz's
Estate

316

403

19

4I

51

PAGE

57

78

whether evidence rebuts this is for
court. Hart 2. Drumm.
Presumed decedent.-When court may
order distribution of estate of with-
out refunding bonds. Sherwood's
Estate
Surcharge. When executor will be sur-
charged with proceeds of certificate
of deposit handed to him by decedent
before his death. Parmer's Estate... 153
Note. Will be paid when given before
decedent's death when given for ser-
vices. Craig's Estate
165
Judgment-Dividend.-Where, on dis-
tribution, a dividend is awarded on a
judgment against a decedent, which
was partly paid out of the proceeds of
a sale of real estate, the dividend
should be computed only on the un-
paid balance, if the payment was made
before his death. Bittner's Estate ... 232
Presumed decedent.-Fixing of presump-
tion excludes any presumption of
death before the expiration of the
seven years; income on bequest of a
life runs to date on which presumption
arose. Bealor's Estate
Hahn's Estate
Boarding. When claim by son-in-law
for boarding should be allowed.
Shenk's Estate
Note. When note presented should
not be allowed, it bearing an im-
possible date and having apparently
been substituted for the original note
which was not presented. Heisey's
Estate

237

238

245

245..