CONSTITUTIONAL LAW-Continued.
proper that he should do so, they may authorize the
appointment of a substitute. Commonwealth v.
McHale, 57.

The Legislature has the power to abolish an office
during the term of the holder, which does not owe
its existence to a constitutional provision. (C. P.)
Donohugh v. Roberts, 186.

The powers of an abolished officer cannot be con-
ferred upon another officer by any general language
without specifying the powers in detail. Ib.

Quare. Whether a person is entitled to vote at a
municipal election in Wilkesbarre unless he has
within two years paid a city tax, not decided. Court-
right v. Broderick, 393.

Article VII. of the Constitution does not require
municipal officers to take the oath of office specified
therein. Commonwealth v. McCarter, 178.

The constitutional provision that members of the
Legislature shall receive a fixed salary, does not pre-
vent the members voting themselves a per diem com-
pensation for an extra session. Commonwealth v.
Butler, 241.

CONVERSION. Where real estate is devised to
executors with a direction to sell, an equitable con-
version is worked from the time of the death of the
testator, and a judgment subsequently entered against
the interest of an heir does not bind it as a lien.
Roland v. Miller, 431.

What words in a will are to be construed as an ab-
solute direction to sell. Ib.

Where executors are directed to sell real estate for
cash, or on ground-rent, at their discretion, and they
sell upon ground-rent, no equitable conversion is
worked. Howard's Appeal, 410.

CORPORATIONS. A school district is a cor-
poration having limited powers for carrying out the
common school system in its territorial division, and
it cannot be held to the same measure of accounta-

CONTRACT. A promissory note given to secure
in part the payment of money stolen by a relative.of
the maker from the payee is without sufficient con-
sideration, and cannot be made the basis of recovery.
Conmey v. Macfarlane, 91.

The moral obligation to pay a debt released volun-
tarily under seal constitutes sufficient consideration
to support a suit upon a new promise to pay the debt
made subsequent to the execution of the release with-
out a new consideration. Baeder v Barton, 165.

A contract between parties to jointly share in the
profits and losses of a stock gambling adventure is
contrary to public policy and incapable of enforce-
ment in a court of justice. (O. C.) Thompson's
Estate, 371

A subscription in aid of the erection of a church is
not void because made on Sunday, it being a charity
within the meaning of the Act of April 22, 1794. Dale
v. Knepp, 12.

One who in order to avoid liability upon an instru-
ment signed by himself, sets up in his affidavit of de-
fence that his signature to the instrument was obtained
by undue influence, must set out in detail the facts
showing such undue influence. Mathews v. Sharp, 319.
What is sufficient evidence of claim for wages
against a decedent's estate. Robb's Appeal, 8.

What sufficient evidence of such fraudulent mis-
representation as will entitle a party to rescind. Davis
v. Stuard, 366.

What sufficient evidence of prompt recission. Ib.
The failure of the charterer of a tug to furnish the
necessary supplies, in accordance with the terms of
the charter-party, justifies the owner in rescinding the
charter-party. (U. S. C. C.) The Steam Tug Alida,

515.

Construction of an agreement under seal to hold
real estate in trust, and make conveyance of the same
upon certain conditions. (C.P.) Barnholt v. Ulrich, 51.
A subscription entered into by several for the pur-
pose of aiding a corporation enterprise, to be repaid
out of the income, is a mutual agreement to lend
money to the corporation. Where the corporation
passed a resolution ab ogating the agreement, and
failed before the loan was advanced, it has no right to
demand payment of the subscription, and an attach-
ing creditor of the corporation stands in no better
position. Nellis v. Coleman, 111.

a private, municipal, or public corporation. School
District of Erie v. Fuess, 97.

A co-operative colonization society is not within the
second class of corporations provided for by the Act of
April 29, 1874. (Č. P.) In re Teutonia Co-operative
Colonization Society, 255.

A railroad company has the right, by virtue of its
implied powers, and without direct authority being
given it in its charter, to borrow money, and issue to
the lenders "deferred income bonds," entitling the
holders to a share in the profits of the corporation after
the payment of a certain dividend upon the common
stock. Philadelphia and Reading Railroad Co. v.
Stichter, 325.

Effect of ultra vires purchase of land by a building
association. See BUILDING ASSOCIATIONS. Faulkner's
Appeal, 48.

The proceeds of the sale of an option to subscribe to
the new stock capital of the Insurance Company of
North America is to be treated as principal, and not
income, as between the life tenant and remainder-man
of a trust estate. Biddle's Appeal, 244.

A cash dividend declared by a corporation, payable
out of the proceeds of a sale of a portion of its works
and franchises, is to be treated as principal, and not
income, as between the life tenant and the remainder-
man of a trust estate. Vinton's Appeal, 246.

The proceeds of sale of an option given to the stock-
holders of the Pennsylvania Steel Co., to purchase a
lot of the company's own stock at par, which stock
had been acquired by that corporation out of the earn-
ings of its business since the death of a testator, is to
be treated as income, and not capital, as between the
life tenant and remainder-man of a trust estate created
under his will. (0. C.) Thomson's Estate, 482.

Fraud in the management of a corporation will not
be imputed to its officers simply because the result
of their management has been disastrous to its in-
terests. Thomson's Appeal, 414.

The jurisdiction of the Court of Common Pleas to
issue writs of quo warranto under the Act of June 14,
1836, extends only to corporate officers, who are ex-
pressly named as such in the charter. Hence a quo
warranto will not lie against a professor in the Univer-
sity at Lewisburg, who is not an officer of the corpora-
tion, but a servant of the institution. Philips v.
Commonwealth, 362.

A bill in equity will not lie to determine the title to

CORPORATIONS-Continued.

the office of school director, there being an adequate
remedy at law by a writ of quo warranto. Gilroy's
Appeal, 379.

Upon a preliminary hearing, a mandatory injunc-
tion will not be granted to compel corporation officers
to transfer certain shares of stock upon the books of
the company. (C. P.) Loughlin v. Atlantic & Ohio
R. R. Co., 463.

The vendor of a certificate of stock warrants his
own title thereto, and that it is a genuine certificate
issued by the duly constituted officers of the com-
pany, and sealed with the genuine corporate seal, but
he does not warrant that the certificate is not part of
a fraudulent over-issue of the stock, or the solvency
of the corporation. People's Bank v. Kurtz, 225.

In a proceeding for the dissolution of an insolvent
insurance company and the distribution of its assets
by a receiver under the Act of April 4, 1873, the claims
of creditors are fixed as of the date of dissolution, and
cannot be increased by subsequent occurrences, as,
for example, by the destruction of the insured premises
by fire. Dean & Son's Appeal, 26.

Receivers of an insolvent corporation must sue in
their own name for moneys earned in their manage-
ment of the company's business. (C. P.) Phila. &
Read. C. & I. Co. v. Schada, 20.

A service of process upon the resident freight agent
of a foreign railroad company is sufficient. (C. P.)
Kalbach v. N. Y., L. E. & W. R. R. Co., 174.

A service of process at the residence of the presi-
dent of a foreign railroad corporation is sufficient.
(C. P.) Coxe v. C. & A. R. R. Co. 386.

Process may issue against a life insurance company
from the Court of the county where the insured died,
and be served upon the general agent of the company
by the sheriff of the county where he may be found,
under the Act of April 24, 1857. (C. P.) Shrom v.
Nat. Life Ins. Co., 530.

Service of the requisite statutory notice upon a
corporation in road cases must be made upon some
one who is the qualified representative of such cor-
poration, and the affidavit of service must set out the
facts with such particularity as to enable the Court to
judge of the sufficiency of the service. In re Road in
Palmer Township, 429.

The property of a railroad corporation in actual use
for the purposes prescribed in its charter is not able
to levy apart from the franchises of the company.
Longstreth v. Phila. & Read. R. R. Co., 309. Affirm-
ing (C. P.) in same case, 94.

The Act of April 7, 1870, extending the right of
execution against a corporation to all its property was
not intended to subject property before exempt to
execution piecemeal. The franchises must be levied
on and sold as an entirety. Ib.

The purchaser of the franchises of a water company
at sheriff's sale takes subject to a claim for damages
arising from the taking of property under an exercise
of the right of eminent domain. Lycoming Water
Co. v. Moyer, 443.

A railroad company organized by stockholders and
bondholders of an insolvent railroad company, who
become the purchasers in foreclosure proceedings, is
not liable for the debts of the old corporation. The
agreement between the stockholders and bondholders
under which the reorganization is effected raises no
resulting trust in favor of creditors. (C. P.) Penna.
Trans. Co. v. Pitts., Titusville, etc., R. R., 35.

Under what circumstances a foreign corporation will
not be obliged to enter security for costs. See Costs.
Manhattan Co. v. Grauley, 255.

CORPORATIONS-Continued.
Exemption from taxation. See TAXES AND TAXATION.
Market Co. v. Berks, 424.

Taxation of corporation stock. See TAXA-
TION. See BANKS AND BANKING; BUILDING ASSOCIATIONS;
INSURANCE; RAILROADS.

COSTS. A foreign corporation, the defendant in
a sheriff's interpleader issue, will not be obliged to
enter security for costs. (C. P.) Manhattan Co. v.
Grauley, 255.

Liability of the city of Philadelphia for witness fees
due to a witness in the Quarter Sessions. (C. P.)
Birch v. Philadelphia, 531.

Under what circumstances a plaintiff applying for
the continuance of a cause upon the trial list will be
required to pay the costs of the term. (C. P.) McAfee
v. McClure, 173.

Under what circumstances an attorney's commission
of five per cent. will be taxed as costs upon the fore-
closure of a mortgage. (C. P.) Terry v. Slemmer,
155.

An agreement for an arbitration drawn by laymen
providing that the award shall carry costs, includes
arbitrators' fees. (C. P.) Lindsay v. McConnell,
173.

Where a bill in equity charging fraud is dismissed
because of the plaintiff's failure to support the allega-
tions by evidence, none of the costs should be put
upon the defendants. Thomson's Appeal, 414.

The party in whose favor a master makes his report
should pay the master's fee in the first instance.
Having so paid it, he may recover it from the party on
whom the costs are placed. Ib.

Under what circumstances the costs and expenses
of a bill in equity to establish the foundation of a
church under the will of a testator will be placed
upon the executors of his will, who have failed to
carry out the trust. Fidelity Company's Appeal, 264.

In the course of a proceeding to establish a trust,
it is within the sound discretion of a chancellor to
make such allowance for costs, fees, and expenses, as
may be reasonable, without awaiting the termination
of the litigation. From an order making such an
allowance, no appeal can be taken; it is not a final
decree. Fidelity Co.'s Appeal, 104.

Payment of costs by plaintiff suffering nonsuit.
See COURTS. (C. P.) Smith v. Urian, 284.

Counsel fees. When allowed for establishing a
charitable trust. See Costs. Fidelity Co.'s Appeal,
104, 264.

When not allowed to trustee. See TRUSTS. (C. P.)
Johnson's Estate, 387.

Costs in election proceedings. See ELECTION
Law. In re John O'Neil, 278.

COUNTY. A county may be divided into districts
for election purposes to secure a more just representa-
tion of the sentiment of all the electors, but for every
other purpose it must remain entire. In re John
O'Neill, 278.

Power of legislature to establish Courts at other
place than county seat. See CONSTITUTIONAL LAW.
COURTS. Scowden's Appeal, 28.

COUNTY AUDITORS. The Courts of Common
Pleas have no original jurisdiction in a controversy
between a county commissioner and a county as to
the amount of salary due the former, nor can the
agreement of the parties give such jurisdiction. The
Board of County Auditors alone have original juris-
diction in such case. Harris v. Luzerne County, 462.

COUPONS. Rights of holders of, in distribution
of fund produced by sale of railroad. See RAILROAD.
(C. P.) Leavitt v. Felton, 74.

DAMAGES, MEASURE OF. In determining
whether a sum agreed upon by the parties to a con-
tract to be paid in case of breach is liquidated dam-
ages or penalty, the Court will consider whether the
sum is large with reference to the value of the thing
sold, whether it is unconscionable with reference to
the probable consequences of the breach, and whether
it is easy to prove the actual damages occasioned. If
the sum be large and unconscionable, and the actual
damages easy to prove, the sum will be construed a
penalty. Mathews v. Sharp, 319. (U. S. D. C.)
Nielsen v. Read, 575.

A provision to pay, as damages, $500 in case of
failure to comply with a contract for the sale of real
estate for the price of $6300, will be enforced as for
stipulated damages and not as a penalty. Ib.

In an action by a vendor against a vendee for re-
fusing to receive cross-ties in accordance with a con-
tract of sale, the measure of damages is the difference
between the contract price and the cost to the vendor
Allegheny Valley R. R. Co. v. Steele, 113.

In estimating the damages that can be recovered
against a railroad company for the taking of land, the
cost of fencing cannot be allowed as a distinct item of
damage, but the question how much the burthen of
fencing will detract from the value of land, may be
considered by the jury. Montour Railroad Company
v. Scott, 51.

In estimating damages for the taking of land for a
public street, the jury must not consider the possi-
bility that in the future the municipality may open
other streets through it, which, when opened, will
render it more valuable. Allegheny v. Black's Heirs,
536.

But where, by the opening of a particular street,
the owner would be enabled to lay out other streets,
thereby increasing his building frontage, and so in-
creasing the market value of the property, such facts
should be considered by the jury. Whatever con-
tributes to the market value of the property is a fair
subject of consideration, and the test is the market
value for any use for which the property is available,
and not the use to which the owner may wish to put
it. Ib.

See CONSTITUTIONAL LAW. Minnig v. R. R Co., 297
East Union . Comrey, 533.
See EMINENT DOMAIN.

413.

Lycoming Gas Co. v. Moyer,

DEBTOR AND CREDITOR. The principle
that money deposited with an agent for investment is
a trust fund, which the owner may follow until it
reaches the hands of an innocent holder for value,
does not apply where it was agreed that the recipient
should pay interest on the amount until invested.
The contract to pay interest established the ordinary
relation of debtor and creditor between the parties.
Pittsburgh Nat. Bank of Commerce v. McMurray, 49.

The mere refusal to apply to the payment of a debt
or judgment, that which the law has not made the
subject of seizure, is not, in any proper sense, a fraud,
either actual or constructive. (C. P.) Bakewell v.
Keller, 300.

A court of equity has no power to decree the sale of
a patent-right under a judgment. Ib.

A judgment confessed by a partnership in favor of
one from whom a partner had borrowed money on his
individual credit, which money had, however, go e
into the firm business, is not fraudulent or void, as
tending to hinder and delay firm creditors. Walker
v. Marine Bank, 142.

The fact that a creditor signing a composition
agreement, subsequently obtains from his debtor a
better security than that provided for in the agree-
ment is not evidence of fraud upon the other creditors,
unless it be shown that an arrangement for the giving
of such better security was made at or prior to the
time of signing the composition agreement. Hagen's
Appeal, 86.

The assignment of an interest in a firm to be subse-
quently formed as collateral security for a loan, is not
effective unless after the formation of such firm some
further instrument be executed. (O. C.) Hulse's
Estate, 499.

Under the Act of April 15, 1868, the fact that one
taking out a policy of insurance on his life for the
benefit of wife or children in their name is insolvent
when such policy is taken out, is no evidence of
fraud. McCutcheon's Appeal, 125.

It is otherwise, if the policy be taken out in the
name of the debtor, and assigned by him after his
insolvency. Ib.

A feigned issue to test the validity of a judgment
will not be awarded at the instance of a creditor whose
claim has not been reduced to certainty by a judg-
ment. (C. P.) Young v. Sailer, 282.

Where a father in embarrassed circumstances exe-

cutes a bill of sale for all his furniture to his son, but
remains in possession, such transfer is fraudulent and
void as to creditors, even though made for valuable
consideration. (C. P.). Snyder v. Shuh, 136.

Relations of bank and depositor. See BANKS AND
BANKING. Kensington Bank v. Shoemaker, 215.
DECEDENTS' ESTATES. Right of husband
to remove the bodies of his wife and child after burial
in the burial-lot of her parents with his consent. (C.
P.) Fox v. Gordon, 302.

What formalities are requisite to make the grant of
letters testamentary effectual. Beeber's Appeal, 474.
How far the date of the record of a grant of letters
of administration in the docket of the Register of Wills
may be impugned by parol evidence, not decided. Ib.

Ancillary letters will not be revoked upon the ground
that the will probated was invalid. Such questions
must be settled in the testator's domicile, where the
will is probated. (O. C.) Mackin's Estate, 207.

An executrix, who is also life-tenant, may be com-
pelled to enter security for the protection of the re-
mainder-men. (O. C.) Van Dusen's Estate, 481.

The neglect of an executrix, who is sole legatee, to
file an inventory and account for five years, does not
entitle one claiming to be a creditor of the estate who
has not before presented his claim to demand the
entry of security. (O. C.) Rizer's Estate, 563.

A party in interest may proceed to compel the ex-
ecutor of a deceased trustee to file an account with-
out first proceeding against the surviving trustee. (0.
C.) Shoch's Estate, 288.

What not sufficient ground for the removal of an ex-
ecutor. (O. C.) Mackin's Estate, 207.

Where an executor is obliged to purchase real estate
under a foreclosure of a mortgage in which he had in-
vested the funds of an estate, and takes title in his
own name as executor, this does not work such a con-