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to be reimbursed by the County Treasurer for the portion of the license fee paid by him for the time after July 1, 1919, during which he was prevented from carrying on the business for which he was licensed, by regulation of the President of the United States or the Secretary of War The sale of vinous, spirituous and malt liquors containing less than onehalf of one per cent. alcohol is forbidden in Pennsylvania, and is a crime unless the seller is duly licensed under the Act of May 13, 1887, P. L. 113, and applies to sales at retail or wholesale No retail liquor licensed dealer who has failed to make the monthly payments in advance as required by the Act of February 26, 1919, P. L. 10, can retain his license by now making the omitted payments, but by the expressed terms of said Act, the license was terminated when he defaulted

LOANS.

....

The Act of June 17, 1915, as amended by the Act of June 4, 1919, and known as the "Loan Shark Act," authorizes the lending of money in sums up to $300 in accordance with the provisions of the act, but one licensed under this act is not authorized to engage in a banking business, or to discount negotiable instruments, the act sepcifically providing that no interest shall charged in advance

LUNACY.

The Commonwealth's claim

.....

303

567

815

be

620

against

1,

to

the estate of an alleged indigent lunatic under the Act of June 1915, was refused where it appeared that the Commonwealth failed present its bill to the administrator or committee at the time the estate was audited in court and distribution ordered. Neither were the distributees held liable, as the answer to the petition denied any indebtedness, but averred that all bills rendered for keeping the lunatic had been paid to the Hospital for the Insane, and these averments had not been refuted Binding instructions in favor of the defendant were given in an action of assumpsit where the contracts were made during the period when the defendant, by a decree of a court of competent jurisdiction, was not only lunatic without lucid intervals, but also while his estate was in the hands of a committee duly appointed. That decree fixed the status of the lunatic and that status continued until he was by proper proceedings restored to sanity. This was a final judgment of the Court and the effect of it was that defendant was conclusively presumed to be incompetent to enter into any such contracts as those involved, whereby his estate might be charged

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The Court of Common Pleas has no power to make an order on a petition by a general creditor to require guardians or committees in lunacy to pay debts for maintenance prior to the appointment. The statute provides a simple method to obtain compensation for maintenance from the estate of the lunatic.... A traverse of the finding of an inquisition in lunacy was quashed where the return was against lunacy, but that petitioner had probable cause for filing the petition. After the return the mother of the alleged lunatic brought a proceeding under

15

182

313

Subject.

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the Act of 1836, P. L. 592, alleging that she had been aggrieved by the finding. It was held that she was not one "aggrieved" within the meaning of the act, in that the finding must affect a property right or interest rather than relationship by blood or marriage before a traverse of the inquisition could be allowed. 641

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Under the Act of July 7, 1879, P. L. 194, enlarging the jurisdiction of justices of the peace from $100 to $300, a defendant is not obliged to set off a counter-claim against the plaintiff in excess of $100 under penalty of losing his claim.... magistrate's record should show that ne had jurisdiction of the parties and of the subject-matter, and it is not sufficient to say that the claim is "for moneys in the possession of the defendant belonging to the plaintiff".. Where there has been a full hearing before a justice of the peace on a charge of pollution of waters under the Act of July 28, 1917, P. L. 1215, and the defendant has been acquitted and discharged, the case is ended and the Commonwealth has no appeal

252

143

500

528

581

Sections 19 and 20, of the Act of July 22, 1915, P. L., making it an indictable offense for supervisors of township roads the right to keep said roads in repair, were specifically repealed by the General Township Act of July 14, 1917, P. L. 840, so that such malfeasance as the failure to properly construct and maintain highways within their townships is no longer a misdemeanor or indictment in the Quarter Sessions Court. The jurisdiction now by statute is in the justice of the peace. Indictment for failure to repair certain highways and to remove therefrom loose stones quashed 651 A justice of the peace having found defendant guilty of violating the Motor Vehicle Act of June 30, 1919. P. L. 678, he has no alternative but to impose a fine. He has no power to remit the fine and collect only his costs Intricate and complicated questions of law involving the construction of a lease and an agreement of sale of real estate are not intended by the landlord and tenant statutes to be submitted to the decision of a justice of the peace, and equity restrained ejectment proceedings before a justice of the peace on a bill filed by a tenant where the validity of a sale of real estate was involved Jurisdiction by a justice of the peace must be shown affirmatively by the record. Nothing is to be presumed in favor of jurisdiction...

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where the facts justified the arrest of plaintiff by defendant, judgment was entered in favor of defendant veredicto non obstante

Where in an action of trespass for malicious prosecution the statement did not contain an averment that the defendant knew before it the plaintiff brought suit against

that she was not indebted to it in any way, it was held error to give binding instructions for defendant. The admissibility of evidence under the pleadings must be determined by the trial judge

MANDAMUS.

re

A motion to take off a non-suit on a writ of mandamus to compel the municipal authorities to reinstate relator in his position as a city detective was refused where it appeared that relator had been dismissed in 1912 and instituted instatement proceedings in 1917. He was barred by his own laches under the rules of the Civil Service Comin mission which required action within one such matters year of dismissal

The power of the Court to fill a vaFourth Class School cancy on a Board under Section. the 214 of Scool Code of May 18, 1911, P. L. 309 into comes play only when the School board has for thirty days made default in the performance of its duty, primarily resting upon it, to fill an existing vacancy and if there has been no such default because a vacancy has not legally existed, or had not been known to the board, for more than thirty days prior to the presentation of a petition, praying for the filling of must be the petition

a

vacancy,

denied

The Federal Trade Commission cannot compel by mandamus a corporation to reveal production costs and trade secrets relating to the manufacture of a patented commodity used in the United States navy, where such information was sought for use of the Navy Department to enable it to fix a price, in that the Act of Congress of September 26, 1914, creating said commission conferred such powers only where questions of unfair competition in commerce were involved and where it affirmatively appeared that defendant was engaged in interstate commerce Mandamus is a proper proceeding to enforce the performance of an official duty; equity to prohibit interference with the enjoyment of legal rights

On a writ of mandamus relator's prayer to be restored to membership in a beneficial society was refused and judgment entered for defendant where relator had not taken an appeal to the society as provided by its by-laws after his expulsion in that he could not seek redress in the civil courts until after he had complied with the laws of the society

MARKET VALUE.

See Eminent Domain; Evidence.

MARRIAGE.

See Licenses.

A divorce was granted where it was alleged that the marriage had been procured by fraud and had not been consummated, the fraud consisting in respondent's not disclosing to libellant the fact that he was afflicted with a venereal disease Under section 9, of Article 307, of the Workmen's Compensation Act of

282

383

45

167

257

529

557

68

Page.

1915, the widow is not entitled to a fixed definite and final suni of money, such as would be awarded her by a verdict at common law to compensate her for the death of her husband, and on appeal the computed award of the board was set aside as upon her re-marriage, her right to compensation under the act ceased

A common law marriage may be esstablished by acts and declarations of the decedent and when so established the widow may have appraisers appointed to set aside the exemption under the Intestate Act of 1917

MASTER.

A divorce was refused on the ground of adultery and the Master's recommendations were overruled where although the evidence showed suspicious circumstances connected with respondent's conduct and indiscreet actions which aroused criticisms, yet in the absence of such proof as would move the conscience of a chancellor, and lead to a moral conviction of respondent's guilt, the Court could not grant a decree. The burden is upon the libellant Where the testimony before the master in divorce failed to establish clearly that respondent was guilty of desertion; that she did not object to her husband going away or that there was not collusion as to the service of the papers, the Court referred the case back to the master with instructions to take additional testimony and clear up doubtful questions

553

697

323

333

A master's conclusion in his report in a partition proceeding as to a specific debt was overruled where the conclusion was not supported by the evidence. Conclusions predicated of inferences, contradictory to or insupported by, facts, are of little value and exception to report sustained .... 365 Where it was apparent that the libellant could testify to a state of facts which would probably entitle her to a decree the court sent the case back to the Master SO that libellant may have an opportunity to enlighten the Court as to the real facts of the case In a bill for partition, a cross-petition by defendant, asked for an accounting for the rental value of the real estate occupied by plaintiff. This was a matter to be disposed of by the master in adjusting the rights of the parties..

....

The findings of fact of a master in divorce do not have the same force and effect as the findings of fact of a referee in a civil case, or of a court in a case tried before the court without a jury, which will not be disturbed except for manifest error, and it is the duty of the court to review the case on its merits, to examine and consider the evidence, and to determine by its Own judgment the controversy presented, stating its reasons for overruling or sustaining the exceptions to the master's findings. But it is the duty of the court to give consideration to the opinion and report of the master, particularly where the evidence is made largely of oath against oath and the veracity of the witnesses is involved, and where the master states in his report that in reaching his

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MASTER AND SERVANT.

See also Negligence, Trespass. Defendant was not liable in damages for personal injuries to plaintiff, a high school boy between 13 and 14 years of age, who, after having grown tired waiting for a street car, seeing the defendant's truck passing, asked the chauffeur to allow him to ride upon it. The chauffeur agreed and the boy rode to his destination. In getting off, the chauffeur having stopped the truck at his request, he was thrown to the street and severely injured by the sudden starting of the truck. The chauffeur was not acting within the scope of his employment, and his employer was not bound, and was under no duty to protect plaintiff

While the Workmen's Compensation Act of 1915 has made no specific provision for the safeguarding of the interests of defendant in the adjustment of any particular claim, the law will step in and fill the gap where the payment of the award would result in a fraud upon the rights of the employer, and prive him of the proper protection which the law, considered as a whole, intended to throw around him

de

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476

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or

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8,

See also Physicians and Surgeons. Under the Act of June 7, 1917, P. L. 564, amending the Act of May 1909, P. L. 470, any preparation which does not contain the ingredients in the proportions prescribed by the official formulae as to standard of strength, quality and purity, violates the law and subjects those selling the preparation to the penalties provided therein Medicine is defined to be a substance used as a remedy for disease, a substance having, or supposed to have, curative properties. "Drug" is defined as any vegetable, animal or mineral substance used in the composition or preparation of medicine. 702

MERCANTILE TAX.

96

A jobber was not liable for a mercantile license tax where the evidence showed that of the gross amount of business transacted and upon which the assessment of tax was made, was derived from business carried on with residents of foreign states and was therefore inter-state business which is not subject to tax by the Commonwealth of Pennsylvania. 139

MILITARY.

See Army and Navy.

MILK.

Under the Act of May 23, 1919, P. L. 275, it was evidently the intention of the Legislature to permit tests of milk and cream to be made under the direct supervision of the "certified tester," even though all of the tests were not physically made by such "tester".

MINE INSPECTOR.

It is a necessary qualification for a candidate for the office of mine inspector to have a certificate of a successful examination under the provisions of the Act of June 1, 1901, P. L. 535, and an old certificate or one used for the purpose of qualifying as a candidate at a previous election, is not sufficient to entitle the holder to become a candidate for the office at an election hela this year

MINES AND MINING. One who is selling coal lands is not bound to disclose to his vendee the opinion he may have formed as to the amount and value of the coal under the surface, or the facts and circumstances known to him which have led to that opinion, unless ne knows that the coal has been already mined out or has otherwise made it certain that no coal is to be found

MINORS.

See also children.

153

375

548

It is unlawful, under the Act of May 13, 1915, P. L. 286, for a minor under the age of 16 years of age to be employed or permitted to work in stripping tobacco, whether it be done at a tobacco factory or the tobacco be taken to the home of the minor and the stripping done there...... 442

MISJOINDER.

See Actions.

MORTGAGES.

See Deeds and Mortgages.

MOTION PICTURES.

The party managing or controlling a moving-picture theater, as well as the person actually operating the motion picture machine used in connection therewith. is liable to the penalties for a violation of the Code of Safety Standards governing the operation of motion picture machines, effective March 1, 1918.... There is nothing in the Act of May 15, 1915, P. L. 534, relating to censoring of moving pictures, to prevent a criminal prosecution for showing an immoral picture under the Act of April 13, 1911, P. L. 64.. 172

MOTOR VEHICLES.

See also Automobiles, Negligence. The Commissioner of State Highways is not obliged to suspend the license of any owner, operator or paid driver of a motor vehicle, although an accident has happened through his recklessness or carelessness and the sworn statements of two reputable citizens have been furnished. The power lodged in the Commission by the Act of June 30, 1919 P. L. 678,

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is discretionary. Each case should be decided in the light of its peculiar facts Where plaintiff sold defendant an automobile, taking a stolen machine in part payment, it was held in an action of replevin that the sale was not void, but there was a failure of consideration to the extent of the value of the stolen machine, in that it did not appear that the vendee knew the machine had been stolen.. 502 A duly authorized agent of an automobile manufacturer who has been supplied with dies for the purpose of stamping numbers upon motors to be used in automobiles of such manufacture, may remove a damaged motor, destroy the same and replace it with a new motor, stamping thereon the number which appeared upon the old motor, without securing a permit from the State Highway Commissioner... 660 An automobile dealer, for a bona fide purpose of demonstrating to a purchaser or prospective purchaser the qualities and capacity of a motor truck, may load the same with merchandise and operate it under the dealer's registration plates either before or after a contract of sale has been entered into........ 671 The owner of a truck was not liable in damages for injuries caused while an employee was driving the car without the owner's knowledge and on an errand not connected with the owner's business. The Act of June 30, 1919, P. L. 70, known as the Automobile Act, applies to sales of cars made by a sheriff in obedience to a writ of execution. In such sales, the sheriff may make the "vendor's affidavit.". 683 Defendant driving an automobile was. held liable in damages to plaintiff who was injured as he was about to enter а. street car. Plaintiff claimed the street car had stopped and he had looked up and down

680

the street before stepping from the curb. Defendant claimed the street car was slowing down but had not stopped. This was a question for the jury and new trial refused..... 687 In an action for damages caused by the collision between a truck and a train at a grade crossing, there could be no recovery against the defendant railroad company where the collision occurred on a clear day and plaintiff testified that he attempted to cross the tracks after noticing an obstruction but did not stop to investigate. Plaintiff was guilty of contributory negligence when he did not get off his truck, go to the track and determine what the obstruction was, Judgment for defendant non obstante veredicto.... 689 A justice of the peace having found defendant guilty of violating the Motor Vehicle Act of June 30, 1919, P. L. 678, he has no alternative but to impose a fine. He has no power to remit the fine and collect only his

costs

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Page.

on a different basis from ordinary public service companies; for, though engaged in rendering the same kind of service as the latter, they are entitled to derive therefrom a just gain....

The legislature having omitted municipal corporations, when defining the term "Public Service Company" and declared that the term "corporation" did not include municipal corporations, except where otherwise specially provided, and that property owned by a municipality should not be subject to the Commission, except as provided; it would be a violation of the settled rules of construction to hold that the power to fix water rates or rents for the City of Pittsburgh can be read into the Act

The Act of March 25, 1903, P. L. 54, relating to municipal corporations of the second class, creates the office of tenement house inspector, "whose duty it shall be to regularly inspect the tenement houses within this act and to see that the requirement therefore are enforced 80 that the owner of a tenement house was held liable in damages to an inspector who was injured by the breaking of stairs leading to a cellar while in the performance of his official duties

113

122

425

Equity considers that done which one has agreed to do, and a borough having by ordinance agreed with a railroad to vacate the street upon which plaintiff's property abutted, for the purpose of elevating the tracks and changing the grade, no damages could be recovered for alleged injury to plaintiff's land by reason of the street being closed... 504 A city ordinance defining the powers and duties of the Department of Public Safety and Bureau of Building Inspection therein, which empowers and directs the department and the bureau to inspect, regulate, supervise and control the construction and alteration of buildings and to issue permits in respect thereto as therein, or thereafter, by ordinance prescribed, and makes it the duty of the bureau to examine and pass upon all applications for permits for the construction, alteration, repair, use and occupancy of buildings; approve or disapprove same and issue or refuse to issue any and all permits, is a restriction upon the use of real property and must be strictly construed.....

529

To hold that a city, by its department of safety, may not do any act having for its object and purpose the protection of the public, merely because the charter of the city does not specifically provide for an emergency that could not have been anticipated, would place an unreasonable restriction upon the exercise of government powers by the mun!cipality, so that equity has power to refuse an injunction to compel the city at the instance of a property owner to permit the erection of an auto-station and garage that would be a menace to the public... 531 There is no distinction in law between the terms "legal rights of citizens in the use of streets, squares, etc." and "public interests" as used in a municipal ordinance prohibiting public meetings or parades without a permit from the municipal authorities

The City of Pittsburgh had no legal right to enact a city ordinance cre

534

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ating a bureau of securities, with a superintendent and office force with salaries attached to supervise the sale of corporate securities. Section 16, of the Charter Act of 1901, empowers councils of cities of the second-class "to create any office which they may deem necessary for the good government and interests of the City, and to regulate and prescribe the powers, duties and compensations of all such said offices." This does not mean, however, that the City may set up bureaus and create offices to do whatever they please. It means that for the carrying out of the powers and the performance of the duties placed upon them they may create offices, and may assign one subject to one department and another to another, but it gives no authority whatever for creating offices to do that which the city is not empowered to do... 561 Regulations issued by the Chief of the

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Bureau of Fire Protection under the Act of July 1, 1919, P. L. 710, have the force of a law, and no municipality can legally pass ordinances providing inconsistent or less stringent regulations. The State authorities are rot concerned in such ordinances imposing more stringent rules. This is a matter between the municipality and the company subjected to the additional regulations 627 A city was held not liable in damages for injuries caused by Plaintiff's fall on a sidewalk which happened at night and at poorly lighted spot on a sloping sidewalk when it was snowing. It was not sufficient to say that Plaintiff "slipped." The city would not be liable simply for a fall caused by weather conditions. 654 A municipality cannot stop the operation of street cars simply by repealing the franchise ordinance, in that a contract with a public service corporation fixing rates for service, whether for a definite or indefinite period, has no binding force, when its terms conflict with the rates fixed in the method prescribed by the Public Service Company Law of July 26, 1913, P. L. 1374; and this is so even where there has been a limitation by a municipality of the rates to be charged by a public service company, contingent upon the consent of the municipality to the use of its streets.......

MUNICIPAL IMPROVEMENTS.
See also Viewers.

The Act of July 8, 1919, P. L. 786,
relating to municipal improvements
by townships is retroactive and the
title is suffici, nt

A property owner is not concerned with the matter or the means by which the persons who are allowed damages may recover the amount awarded by viewers in the construction of a sewer, and exceptions to a viewers report dismissed where the report simply showed the amount of damages awarded and the benefits assessed, as well as the amount assessed against the city. An appeal in such a case cannot be granted on the ground that the benefits assessed against a particular property were used to pay damages awarded another owner

MUNICIPAL LIENS.

See Liens.

MURDER.

See Criminal Law, Homicide.

678

217

637

NAMES.

N.

Page.

See Charters, Divorce, Fictitious
Names, Notice.

A subscription for stock in a proposed
corporation must be regarded as
having been made with the under-
standing that the name was sub-
ject to change by the State, which
has the right to control the selec-
tion of the names of corporations.. 602
Misspelling the name of respondent in
notices of а divorce proceeding
where personal service is had and
the respondent appears is harmless

error

NAVY.

See Army and Navy. NEGLIGENCE.

a

842

The plaintiff was injured, while coasting, by her sled colliding with the automobile of the defendant, and recovered a verdict where the evidence showed that there was sufficient room in the cartway for both to have passed safely and after the accident the wheels of the automobile were found to be on the curb and blocking the way for plaintiff's sled. Conflicting testimony as to how this automobile came into that position was a question for the jury. 28 Where plaintiff was injured by falling into a skip-pit in a furnace while walking over some planks temporarily placed there while improvements were being made it was question for the jury whether defendant was liable in damages when there was evidence from which the have jury could found that the place was not properly lighted, although strongly contradicted, and from plaintiff's testimony the jury could also have found there was no other way, inside the stock-house, that was safe for travel, even though that position was strongly denied by defendant, and defendant's motions for new trial and judgment n. o. v. overruled........ Defendant, the owner of an automomile, was held liable in damages for the death of one invited to ride in the automobile where the automobile collided with a motor truck. The owner of the truck would also be liable for the negligent operation of the truck by its chauffeur and an action would lie against each, nor would the agreement of one of the defendants to pay a certain sum in settlement of the case prevent the recovery of a judgment against the other defendant

33

97

When plaintiff sued to recover the value of a horse with consequent loss alleged to have been injured by defendant's truck in passing plaintiff's team, the court refused to set aside a verdict on conflicting evidence. This was a question for the jury.. 100 Defendant was liable in damages for injuries received by a minor under 18 years of age while operating a crane used in raising, lowering and transporting pipe, scrap and other material. Such work was prohibited by the Act of May 15, 1915, P. L. 286, which declares that no minor under 18 years of age shall be employed or permitted to work in the operation or management of hoisting machines

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