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MrL 




HARVARD LAW LIBRARY 



Received 



OCT 2 6 m*} 



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THE 



LUZERNE LEGAL REGISTER. 



GEORGE B. KULP. Editor. 



^ oK^ ( ^ ' 



VOL. XII. 

(1883.) 



WILKES-BARRE. PA.: 

PRINTED BY E. B. YORDY, 4I WEST MARKET STREET. 
1883. 



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OCT 2 6 1932 



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TABLE OF CASES. 



Albertson, Hazen v 146 

Alexander & Son v. Stuart ai6 

Anthracite Building and Loan Association v. 

Lyons S41 

Aten's Estate jai 

Baker, Moore v 196 

Becker v. Hammes 236 

B^ee, Culver v 50 

Benscoter, Koons 387 

Binkley, Herr v 39 

Bfass, Sampsdl v 95 

Brodhead, Lewisbuig National Bank v. ... 68 
Brown, Ldiigh Coal and NavigatioB Co. v. . , 115 

Bnnna v. Peteis 403 

Bacfaer 9. Commonwealth 339 

Barke rt a/., Harris «/ mx. v 393 

Botcher €i «/. v. Femau €t al. 939 

QaSrcf, Long v 199 

CampbeQ, McDade v 135 

Casner's Estate 339 

Cease v. Myers 95a 

Church's Appeal 984 

Church, assigned, v. Qty of Scranton .... 400 

City of Scra-nton, Church, assigned, v 400 

Oaflin & Co. v. Stem iii 

Clark 9. SoUivan 194 

Commonwealth, Bucher 9 339 

Commonwealth v, Gallagher 999 

Commonwealth v. Gotofiski aoo 

Commoawealth v. King 917 

OMunoowealth v. Kohle 139 

Commonwealth, Lavery v 51 

Commoowealth v. Reynolds 163 

CoouDOBwealth v. Seward 81 

Commonwealth v. Shelly 87 

Commoawealth v. Taylor 189 

Commonwealth v. Trout .'.... 196 

Commonwealdi €x rei. Buder v.Whitaker«/«/.4o5 
Commonwealth *x rel. Stem v. Wilkes-Barre 

Gas Co 385 

Commonwealth tx rtl. Williams, Haddock 

tt^l.v 351 

Cveasy «/«/., Rittenhouae^/tf/. tr 14 

CulTcr V. Behee jo 

Devens «/«/., Myefs^/ a/. V 103 

Devett V. Lehigh VaUey Coal Co 199 

Directors of Danville and Mahoning Poor 
Dist. V. Directors of Scranton Pbor Dist . . 315 



I Directon of Scranton Poor District, Directon 
I of Danville and Mahoning Poor District v. . 315 
I Division of Jackson Township, In R* .... 147 

I Drake's Estate 19 

I Duffy, Executrix, v. O'NeiK 955 

I Dunning v. HcUer 175 

Eariey v. Pleasant Valley Borough 949 

Edwards tt ux., Jeremy v 970 

Edwards H ux. v. Jeremy 338 

Eley's Appeal 393 

Ele/s Estate 55 

Empire Building and Loan Aasoctatioa v. 

Morris 193 

Enterprise Building and Loan Association v. 

Griffith 13 

Everhart v. Everhart 167 

Everhart, Zi^er v 19s 

Swing's Appeal 47 

Pairmount, Huntington v 97s 

Ferguson v. Ferguson 3x4 

Femau «t tU., Butcher tt al, v 939 

Fetterman v. Robbins 79 

Fidelity and Casualty Co. v. Hesty 188 

Fisher, Furbush v 367 

Fistner, McCloskey v 383 

Flick V. Weller 99 

Folkner, Youngblood v 961 

Frauenthal Bros., Herrod ft Co. v 154 

Furhush V. Fisher 367 

Gallagher, Conunonwealth v aaa 

Gayk>rd, Shupp «/ a/. V 983 

Gibbonsw. Wandell lOa 

Giblin's Estate 75 

Gordon v. Snyder 91 

GotoGski, Commoawealth v 900 

Green tt mx., Pardee ttai,v 964 

Gresh V. Tamany 991 

Griffith, Enterprise Building and Loan Asso- 
ciation V 13 

Grosky v. Wright 947 

Guri's Estate 4x9 

Hauidock ti mi. v. Commoawealth tx rtl. 

Williams 351 

Hallstcad'k Estate • • 394 

Hammes, Becker v 936 

Harris tt ux. v. Burke tt al. 393 

Haaen v. Albertaoa . . . . « 146 



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Table of Cases. 



Heller, Dunning v 175 

Heller v. Leach X77 

Heller tr.WaUcr*/ a/. 138 

Hendershottr^a/.yShultiv aaa 

Hendler, Houpt v aja 

Herrod ft Co. v. Frauenthal Bros 154 

Herr v. Binkley • • 39 

Hesty, Fidelity and Casualty Co. v x88 

Hildreth v. Reilly 44 

Hill ei al. v. Pennsylvania Mutual Fire In. Co. 333 

Hill, Stdnhauer v xy> 

Hodges V. Laurel Run Lodge 190 

Hoover et ux, v. Van Loon ....... . . 399 

Houpt V. Hendler a3s 

Houpt V. Lewis 151 

Hoyt'f Estate 73 

Huntington v. Fairmount . 375 

Jeremy, Edwards et ux. v 338 

Jeremy v. Edwards et ux 370 

Kedey v. WentaeU 178 

Kingston Building Association v. McDonough 137 

King, Commonwealth v 317 

KUnetob v. Rood 351 

Klinetob 9. Roth 335 

Knickerbocker Ice Co., Mulligan f 1x4 

Kohle, Commonwealth v 239 

Koons V. Benscoter 387 

Kreuger V. Rutledge r/ a/. 189 

Lathrop v. White 374 

Laurel Run Building Association v, Mitchell 

€tal. x6i 

Laurel Run Lodge, Hodges v 190 

Lavery v. Commonwealth 51 

Leach, Heller v 177 

Lehigh Coal and Navigation Co. v. Brown . . 1x5 

Lehigh Valley Coal Co.,Devert v xas 

L^igh Valley Railroad Co., Sweeney tr. . . . 333 
Lewisburg National Bank w. Brodhead .... 68 

Lewis, Houpt v. .^ xsx 

Long V. Caffrey X93 

Luzerne County v. Miller xxs 

Luzerne Coimty v. Whitaker 36X 

Lyons, Anthracite Building and Loan Asso- 
ciation V 341 

Mangan v. McMonegal xo3 

McCloskey r. Fistner 383 

McDade v. Campbell xas 

McDonough, Kingston Building Association V.X37 

McFadden, In R* 37 

McKinney & Simons v. Tingley 389 

McLean v. Palmer 169 

McMonegal, Mangan v xo3 

Menig, Winters et ux. v 360 

Miller, Luieme County v xxa 

Miller v. Miller X03 

Miller v. Paine 93 

Mitchell et al , Laurel Run Buikitng Associa- 
tion V x6x 



Moore v. Baker X36 

Morgan, Smythe v 39a 

Morris, Empire Building and Loan Associa- 
tion V X33 

Mott's Estate ^* 71 

Mulligan v. Knickerbocker Ice Co xx4 

Mundy v. Soult 350 

Murphy v. Times Printing Association . . . 365 

Mutual Aid Society, O'Hara v 45 

Myers, Cease v. 353 

Myers et al. v. Devens et al. 105 

Norris, Stewart f xxo 

O'Hara v. Mutual Aid Society 45 

O'Neill, Duffy, Executrix, v ^55 

Paine, Miller v 93 

Palmer, McLean v 169 

Pardee et al. v. Green et ux 364 

Payne ft Co., Reese v 179 

Peimsylvania Mutual Fire Insurance Co., Hill 

etal.v 333 

Peters, Brown v 403 

Pleasant Valley Borough, Earley v 349 

Plymouth Building Association v. Rood ... 9 

Prince's Estate 357 

Private Road in Nescopeck, In Re ..... 358 

Red Ash Coal Co., Swallow v xsx, 187 

Reese v. Payne & Co 179 

Reilly, Hildreth v 44 

Reynolds, Commonwealth v. X63 

Richart et ux. v. Wisner etal. ....... 337 

Ricketts, Streater v 4x7 

Rittenhouse et al. v. Creasy et al. , . , . . 14 

Robbins, Fetterman v. . 79 

Rood, Klinetob v . 351 

Rood, Plymouth Building Association v. . . . 9 

Ross' Estate 330 

Roth, KUnetob v 335 

Rutledge et al., Kreuger p 189 

Sampsell v. Bloss 35 

Schmaltz v. Whitley 381 

Seward, Commonwealth v 81 

Shelly, Commonwealth v 87 

Sheridan v. Spare 43 

Shultz V. Hendershott et al. 333 

Shupp et al. v. Gaylord 383 

Smythe v. Morgan 392 

Snyder, Gordon v 9X 

Soult, Mundy v 350 

Spare, Sheridan v 43 

Steinhauer v. Hill 150 

Stem, Qaflin & Co. c xii 

Stewart v. Norris xxo 

Streater's Estate 77 

Streater v. Ricketts 4x7 

Stuart, Alexander & Son v ax6 

Sullivan, Clark v 134 

Swallow V. Rod Ash Coal Co. . . . ; . .X3x,x87 



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Table of Cases. 



Sweeney r. Lehigh Valley Railroad Co. . . . aa3 , Wenuell, Keeley p 178 



Tamany, Gresh v 991 



Whiuker et al.^ Comlth. ex rel. Butler v. . .405 



-» _, '1 . . o Whitaker tt al, v. Thompson et al. 21 

Taylor, Commonwealth r 18a , „.. . . , r* 

-^ . . «,. .^. _. , Whitaker, Luzerne County v 361 

Thompson //a/., Whitaker r^ ai.v, 21 --^. _ . ' ^ 

Tingle,. McKin..y&Si»o«r «89 ! ^"1 H'i'Z,:- T 



Times Printing Association, Murphy v. . . . 365 
Xrouc. Commonwealth v 196 



Whitaker, Luzerne County v 361 

White, Lathrop v 274 

Whitley, Schmaltz v 281 

Wilkes-Barre Gas Co., Commonwealth ex rel. 
I Stem V 385 



Van Loon, Hooyerrficr.tr 399 Winters rf t»jr. p. Menig 260 

Vincent tr. Warner ^ | Wisner rfa/., Richart r/ «jr. r 227 

Wolff's Esute 48 

Waller «/«/., Heller tr 138 ' Wright, Grosky » 247 

Wandell, Gihbons v tfe v ui j c 11. 

»-, ... ^ , Youngblood v. Folkner 261 

Warner, Vincent v 46 

Welter, Flick v 29 Zeigler v. Everhart 195 



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INDEX. 



ABATEMENT. 

z. A plea in abatement should not be allowed to be filed on the trial of the cause. If, hoiT' 
ever, the plaintiff is not thereby injured, the court will not reverse for such cause. Mur^ky v. 
Turn** Printing Atsociatian et «/., 365. 

AFFIDAVIT OF DEFENSE. 

X. An averment in an affidavit of defense that the defendant is informed and believes the 
check sued on was sent for the purpose of collection, and that he expects to be able to prove the 
same, is sufficiently certain. Lrmixburg Nationtti Bank v. Broadkead, 68. 

a. An affidavit of defense must state clearly and fully the exact grounds and extent of the 
defense. Herrod^ Ca. v. Frauentkal Bros., 154. 

ALIMONY. SeeDivoRCS. 

AMENDMENT. See Cbrtioraiu. 

1. Our statutes of amendment are broad and liberal, but they are not boundless. A party 
cannot introducers an amendment a new and different cause of action, when, by reason of the 
statute of limitations, this would work an injury to the opposite party. IVkitaker et at. v. 
Tkompstn gt al. , ai . 

2. The return of service of a-summons may be amended, notwithstanding the sheriff who 
made it has gone out of office. Mangan v. McMomtgal^ loa. 

3. The court below may amend its record after a certiorari has issued to remove it to the 
Supreme Court. Church* s Appeal^ 284. 

ANNUITY. SecWiLi^ 

APPEAL. See Justicb op the Pbacb. 

TATACHMENT AND ATl'ACHMENT EXECUTION. See Certiorari. Coots. 

z. An affidavit in the words of the act is sufficient to warrant the issuing of the writof 
attachment under the act of March z/, 1869. Miller v. Paine , 9a. 

a. Where the defendant's affidavit denies the allegations of the ]rfaintiff, the plaintiff is 
required, on hearii^ of the motion to dissolve, to produce depositions to sustain the all^ations 
denied. Id. 

3. The attachment will not be dissolved, on the defendant's motion, upon the ground that 
goods under attachment do not belong to him. Id. 

4. If the purpose of a change of residence is an honest one, the intent to defraud is not to be 
legally presumed fipom the mere (act that the debtor is about to remove his goods from the Juris - 
diction. Id. 

5. The measure and kind of proof of the intent which the statute requires are such only as 
the fact in issue is susceptible of. /«/. 

6. The intent may be inferred from drcumstances. Id. 

7. It is the intent of the removal of goods, and not its effect, which most determine whether 
itislawhil. Id. 

8. Where a garnishee in his answer denies any indebtedness to the defendant as an indi - 
vidual or principal, but admits that he has had dealings with him as agent, the answer will 
prevent judgment against the garnishee. Heu^t; Garnishee ^ v. Lewis, i5i« 

9. Where the answer denies indebtedness to the defendant as principal, a claim by the 
defendant to have the fiiod set apart to him under the exemption law will not conclude the 
garnishee, not alone warrant the entering of judgment against him. Id. 

zo. It is competent for the plaintiff, notwithsunding the answers of the garnishee, to require 
the issue to be tried before the justice ; and if the record shows a trial, the court cannot, 00 
certiorari f review the correctness of the justice's conclusions from the evidence. Id. 

II. It is possible, also, that upon the day of the hearing the plaintiff might cause additional 
interrogatories to be served upon the garnishee, and require him to answer them. Id. 



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Index. 



ATTACHMENT AND ATTACHMENT EXECUTION (Continued). 

12. The verbal statements of the garnishee, made in the presence of the justice, after his 
answers have been delivered, and when not under oath, and which are not irreconcilable with 
his former answers, will not authoriie the justice to disregard his former answers, and to enter 
judgment against him. Id. 

13. Practice before justices of the peace in cases of attachment execution, considered. Id, 

14. The giving bond under section 3 of the act of March 17, 1869 (attachment), dissolves the 
attachment in so &r as it binds the goods. A subsequent motion to dissolve, under section 6, 
-ought not to be entertained, and, if entertained and allowed, it cannot have the effect of satisfying 
the condition of the bond. Butcfur et al. v. Femau et al.^ 239. 

15. Suit was brought on a bond given by defendant under section 3 of the act of March 17, 
1869 (attachment), dated March to, 1881. It was endorsed, "Approved, Thos. Munroe, Prot.," 
without dat*, and was filed June xo, x88i : Held^ first, filing was not required to give the bond 
validity ; second, there is 9^ prima foci* presumpticm of approval and delivery of the b<md on the 
day it bears date, which is not rebutted by the &ct that it was filed on a much later date. Id, 

16. On a judgment in &vor of the defendant in an attachment execution issued by a justice, 
the defendant is entitled to execution for cosu. McKiMiuy if Simons v. TingUy^ 389. 

AUDITOR. 

X. The duties and powers of an auditor appointed to investigate the &ct8, and make report 
thereon, are co-exteiuive with those of an examiner and master combined. Motf* Estate, jx. 

9. The duties of an auditor in the taking of testimony are as much separated from his duty 
to report thereon as those of an examiner are from his duties as master in equity. So far as the 
taking of testimony is concerned, his duties are more like those of a ** Commissioner to take 
depositions," but are not nearly so limited, being specially appointed to investigate all the facts 
of the case, to develop the true points, and bring before the court only the real matters at issue. 
In his report, which follows the taking of the testimony, he is to decide upon the admissibility, 
relevancy, and weight of the testimony, and the competency of the witnesses. Id. 

3. If there be sufficient competent evidence to support his report, it will not be set aside 
because incompetent testimony has been admitted by him, unless it is shown that he was led into 
some specific error by that which is incompetent. Id. 

4. The parties have no right to appeal to the court on the rulings of the auditor or examiner 
during the taking of the testimony, as this would be to pass upon the case piece meal. Id. 

BAIL. See Jitsticb op the Pbacb. 

BANKRUPTCY. 

X. Notwithstanding a defendant's discharge in bankruptcy, the f^ntiff has a right to issue 
execution in enforcement of the lien of a judgment on real estate. AUxander b* San v. 
Stuart, 2x6. 

BILLS, NOTES, AND CHECKS. See Evidbmcb. 

z. Any defense which would be good against the payee of a check is good against his agent 
to whom it had been indorsed merely for the purpose of collection. Tk« Lewisburg National 
Bank v. Broadlutul, 68. 

2. Writing his name acrcjss the back of a promissory note by tne payee is an indorsement, 
notwithstanding the signature is preceded by a deuiled statement of the payee's financial condi- 
tion, and of the consideration of the note. Dunning v. HelUr^ 175. 

BIOGRAPHIES OF— 

Chase, Edward Henry, 134. 
Dariing, Edward Payson, i. 
Darte, Alfred, 157. 
Foster, Charies Dorrance, 407. 
Hahn, Gustav, 336. 
Hakes, Harry, 267 
Kulp, George Brubaker, 292. 
Lewis, Thomas Hart Benton, 334. 
Miller, Jerome Green, X29. 
Nicholson, Oscar Fitzland, 132. 
Osborne, Edwin Sylvanus, 345. 
Plumb, Henry Blackman, X59. 



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Index. 



BIOGRAPHIES OF (Conlinued). 

Rhone, Daniel La Porte, 369. 
Richards, John, 97. 
Ricketu, Agib, 59. 
Shoemaker, Robert Charles, 155. 
Wadhams, Calvin, 63, 204. 
Woodward, Stanley, 31. 

BOND. See Attachmbkt and Attachmbkt Execution. 

BOOK NOTICES, 1x9, 215, 356. 

BOROUGHS. See Roads. 

X. If the corporate officers have levied a tax up to the legal limit, the residue only, after 
appropriation of the necessary amount for the necessary expenses of a borough, is applicable to 
payment of other indebtedness. EmrUy v. PUasani VcUlty Borough^ 949. 

BUILDING ASSOCIATION. 

I. A defendant in a building association judgment cannot off-set against the judgment the 
stock of another assigned to him after the maturity of the loan. Plymouth Building Association 
T. Rood, 9. 

9. When a borrowing stockholder elects to apply his stock in payment of his loan, the 
proper course is to deduct from the ascertained value of the stock all arrearages chargeable 
th«eon, and to credit the balance on the judgment. Building Association v. Mangan (3 Kulp, 
sto) followed. Jd. 

3. This computation is to be made as oi the date when the stock matured. Id. 

4. Where, by the charter of a building association, the right to collect otherwise usurious 
interest, premiums, and fines was qualified by a proviso^ ** that such stockholder shall have 
signed an agreement containing the following words," etc., the association can only recover the 
actual amount loaned, with simple interest, if the borrowing stockholder has not signed the 
asreement referred to. Antkracitt Building and Loan Association v. Lyons ^ 241. 

CAMP MEETING. See Criminal Law. 

X. The act of May 8, X878, which, sulject to certain exceptions, makes it a misdemeanor for 
any person " to erect, place, or have any booth, staH, tent, shed, carriage, boat or vessel, or any 
other place or vehicle whatever, for the purpose or use of selling, giving, or otherwise disposing 
€€ all or any kinds of articles of traffic or merchandise (except as hereinafter excepted), within 
one mile of any camp meeting held for religious worship in this Commonwealth," is not uncon- 
stitutional. CommonmstUtk v. Seward ^ Ex. 

3. Police power of the State defined. Id. 

3. The above act in its purpose, and in its provisions to carry out that purpose, may be 
Curly considered as within the police power of the State. Id. 

4. The purpose of the act being lawful and constitutional, a large discretion as to the means 
necessary to accomplish it must be left to the Legislature, and the courts cannot interfere with 
the exercise of that discretion, except in a very clear case, without usurping legislative func- 
tions. Id. 

CERTIORARI. See Attanhmbnt and Attacrmbnt Exbcution. Summary Conviction. 

X. Kfi./a. and attachment cannot issue on the same day. A return of nulla bona must 
precede attachment. SamfstU v. Bloss^ 35. 

a. Where the proceedings of a justice of the peace have been brought up on certiorari, the 
court has no authority to permit the constable to amend his return to the summons. Hildretk 
T. ReUfy, 44- 

3. Where judgment is entered by a magistrate in iavor of the plaintiff by defiiult, the 
defendant not appearing, ic is necessary that the record show the hour as well as the day of 
entering judgment. Culoer v. Behee, 50. 

4. The court will reverse proceedings where the demand of the plaintiff was in existence, 
and might have been set-off in a previous action by the defendant against him. Stewart v. 
Norris, xio. 

5. Where the transcript is in other respects r^ular, and there has been a trial on the 
merits, and the judgment is less than one hundred dollars, and the process shows that the dam- 
ages claimed were less than one hundred dollars, the court will not reverse because the amount 
of the claim is not set out on the transcript. Mulligan v. Knickerbocker Ice Co., 114. 



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10 Index. 



CERTIORARI (Continued). 

6. Where the justice had jurisdiction of the subject-matter of the action, and the return 
shows that the service of summons, though irregular, and not in strict conformity to the statute, 
was personal, and more than six years have elapsed from the date of the entry of judgment, and 
the parties are living, it is incumbent on the plaintiff in error to show affirmatively want of 
knowledge of the judgment and action. Moore v. Baker ^ 126. 

7. The act of May 8, 1876 (P. L 139), relating to attachment of wages for board, does not 
authorize the issuing of an attachment until after a judgment has been obtained. Carden v. 
Scott (x Kulp, 196) followed. Steimhauer v. /////, 150. 

8. As to form of judgment against garnishee. Masters v. Turner (a Luz. Leg. Reg. 185) 
foUowed. Id. 

9. Proceedings before a justice will be reversed where the record shows a total change, not 
only in the form, but also in the cause of action. Gibbons v. Wandeii, 16a. 

xo. In a suit for a penalty under a special act of Assembly, the record should set forth the 
act, the violation of the act, and a demand and refusal. Id. 

XX. The record of the justice is defective in not stating the hour at which the judgment was 
rendered, the judgment being by defiuilt. Keeley v. Wentrntl^ 178. 

xa. In an action before a justice, the plaintiff's demand was for ** five dollars and twenty-five 
cents damages, by reason of defendant's not repairing plaintiff's gun as by him agreed to do, 
and receiving pay for it : " Held, that the justice had jurisdiction. Klinttob v. Roth, 325. 

13. Upon recovery in a second suit plaintiff is entitled to recover the costs of a former 
certiorari, as well as the sum of four dollars paid to his attorney. Lathro/ v. IVhite, 374. 

14. The record of an action before a justice which omits to show the nature ot the plaintiff's 
demand is defective, and the judgment will be reversed on certiorari duly issued. Duffy, 
Executrix, v. ONeill, 255. 

15. If it appears from an inspection of the record that the justice did not have jurisdiction, 
his judgment will not be validated by mere lapse of time. Id. 

x6. But where a defendant was summoned and appeared to the action, and not only acqui- 
esced and participated in the proceedings, and permitted the judgment to be entered in the 
Common Pleas, and subsequently revived without objection, but also took benefits under the 
same, it was held that after a long lapse of time (several years) he was estopped from demanding 
the reversal of the same on certiorari, although the record did not show the nature of the 
plaintiff's demand. Id. 

17. Though the record does not show that an action before a justice was within the act of 
1810, and therefore possibly not within the twenty-day limiution, the right to certiorari is, 
nevertheless, after the lapse of seven years, barred by the act of April t3th, 1791 (errors and 
appeals), 3 Sm. Laws, 34. Id. 

18. If the language used, though technically and verbally inaccurate, does, by every jeason- 
able intendment, show a cause of action for which suit may be brought before a jusu'ce of the 
peace, the junsdiction should be sustained. Youngbloody. Folkner, a6i. 

19. Where there is no remedy by appeal, the court will, in an extreme case, consider parol 
testimony on certiorari to show that the justice had not jurisdiction. Id. 

30. The plaintiff sued in trespass before a justice of the peace, but it appeared that the cause 
of action was the alleged negligence of the defendant in not preventing surface water from flowing 
from his own land upon that of the plaintiff: Held, that the plaintiff's remedy was in case, and 
that the justice did not have jurisdiction. Id. 

31. In an action of trespass against husband and wife, the docket entry was as follows: 
" Plaintiff claims forty dollars damages for wilful trespass for injury done or committed by 
defendants on plaintiff's real estate : " Held, first, a statement of the cause of action in the 
language of the act of Assembly is sufficient to show the justice's juiisdiaion ; second, where the 
trespass was committed by the wife, the joinder of the husband as defendant is proper, and even 
if the trespass was joint, the joinder of the husband and wife is not &tal after verdict, or judgment 
by the justice. Winters et ux. v. Menig, 360. 

33. The error of a justice in the admission of evidence, or in the measure of damages, cannot 
be corrected on certiorari. Grosky v. ]Vright, 347. 

33. It is the nature of the plaintiff's demand, and not merely the form of action in which the 
summons is issued, which gives the justice jurisdiction. Id. 

34. The damages for which a plaintiff may sue before a justice in an action of trespass are 
such as arise where the injury is immediate, and would be recoverable in the common law action 



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Index. i i 



CERTIORARI (Continued). 

of trespass m ei armu, and not such as are consequential, and would be recoverable only in an 
action of trespass on the case. Id. 

35. Where a plaintiff has an election of actions, and chooses to proceed for consequential 
damages, hb remedy is in the Common Pleas, and not before a justice, /d. 

36. Plaintiff sued in trespass. Part of his demand was ** for loss of buggy while awaiting 
repairs, and trouble : " f/fld, that the justice did not have jurisdiction. Id. 

27. A writ of certiorari will not be quashed where it appears to have been issued within 
twenty days after execution. In such case we cannot say that the writ was improviden tly issued. 
Edwards tt ux. v. Jeremy, 338. 

28. In an action of trespass for injury to the separate personal property o^9./eme covert, %\ie 
^Muld be joined as plaintiff with her husband. McClosky v. Fistner, 383. 

29. If the £ftct that the defendant in such action before a justice was a married woman does 
DOC appear of record, and the non-joinder of her husband is not pleaded in abatement, the court 
will not, for that reason alone, reverse on certiorari. Id. 

30. Where a warrant of arrest issues against a defendant " to answer the Commonwealth " 
upon a charge of having emptied a vessel containing filth upon the complainant's wife, doing 
considerable damage to her clothes, etc., the proceedings thus begun cannot, upon the hearing, 
be converted into an action for damages. Id. 

31. A summons issued on the 23d, returnable on the 27th of the month, and was returned 
served on the 23d by leaving a copy at the dwelling house of the defendant in presence of another : 
Held, that upon this state of the record the issuing of a short summons was irregular. Smythe 
V. Mcrgmn, 392. 

3a. In a suit before a justice of the peace against a husband and wife upon a contract for 
necessaries, it must appear affirmatively that the claim and the proof show that the debt was 
contracted for articles necessary for the support of the fiunily of the said husband and wife. 
Hoover et ux. v. Van Loon, 399. 

33. A daim simply for " &mily necessaries " does not give jurisdiction against the wife, for 
the articles may have been for some other family. Id. 

34. Such a record may be certioraried after twenty days for want of jurisdiction. Id. 

35. The court will not presume that a justice acted fraudulently from the mere fact that he 
admitted incompetent testimony, or did not decide according to the weight of the testimony. 
Harris et ux. v. Burke et al., 393. 

36. Whether goods sold to a married woman were necessaries, or were contracted for by her, 
are questions to be decided by the justice before whom suit is brought, and the court will not 
review the testimony on certiorari on a vague and unsustained allegation of fraud. Id. 

37. An insularity in an a<youmment of a suit may be cured by appearance. Id. 

COMMON PLEAS. See Orphans' Court. 

COMMON SCHOOLS. 

X. Land was conveyed to certain persons as trustees " for all German and English societies, 
Methodist only excepted, for the only proper use and benefit for said societies for school and 
worship for every religion and denomination, Methodists only excepted." The school directors 
of the township having appropriated a part of the lot for a school house site, the trustees filed a 
bin and asked for an injunction to restrain them from occupying it : Held, — 

(1.) The necessity for the erection of the new school house, and eligibility of the site selected, 
rest in the discretion of the directors. 

(2.) An implication that they deemed the site eligible, and the selection thereof expedient, 
as against all others, would arise from their action on the subject. They need not recoid their 
motives when they have jurisdiction to act. 

(3.) An averment that the district was already the owner of a lot in the vicinity ample for 
the purpose required would not sustain a bill by the trustees. Whether it would sustain a tax- 
payers' bill, not decided. In either case, if the fiict were in doubt, the court would refuse a 
IwrlimiBary injunction. 

(4.) The discretion having been vested in the directors, the question for the court is, whether 
they have proceeded contrary to law, or transcended their powers. 

(5.} This is a use for which land may be taken compulsory under the right of eminent domain. 

(6.) Land held in trust as this was is private property, and may be taken in the exercise of 
this ri^kt. 



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€2 Index. 



COMMON SCHOOLS (Continued). 

(7.) It is not made a condition to the exercise <^ this right by the directors that they have 
been unable to obtain any other site by agreement with the owners of the land. RittenJumte 
et al. V. Crtaty et al., 14. 

CONSTITUTIONAL LAW. S«^ Camp Mbetikg. Justicb op thb Pbacb. 

I. The act of Assembly of the 8th of June, z88i, entitled "An act to proride foe the registra- 
tion of ail practitioners of medicine and surgery/' is a constitutional and valid statute, and not 
within the prohibition as to laws tx^ott facto. CommottwetUth v. Taylor ^ x8a. 

3. A vested right or property in a business calling or profe>»ion can only exist when the 
pursuit or practice of it is in conformit)- with the law of the land. Id. 

3. The distinction between laws which are retrospective merely and those ex pott/acto. Id. 

CONTRACT. See Shbrifp and Shbripp's Saxji. 

CORPORATION. Sec Pleading and Practicb. 

X. As a general rule, nothing earned by a corporation can be regarded as profits until it shall 
have been declared to be so by the corporation itself, acting by its board of managers, llie fitct 
that a dollar has been earned gives no stockholder the right to claim it until the corporation 
decides to distribute it as profit. Morris' Appeal (3 Nor. 269) followed. Ro$^ Estate^ 330. 

COSTS. See Criminal Law. 

X. A successful party may include in his bill of costs, incurred in taking depositions, the 
mileage fees of a non-resident witness to and from the State line. Ctaflin ^ Co. v. Stem, 11 1. 

a. A resident of the Commonwealth in confinement for costs alone, under sentence of a 
criminal court, is entitled to be set at liberty forthwith upon making application for the benefit 
of the insolvent law, and presenting a bond in accordance therewith. Commonwealth v. 
Trout, 196. 

3. When an attachment would lie against a party fin* non-performance of a decree in equity, 
it is also the proper remedy to enforce the payment of the costs. In such a case it is not in con- 
travention of the act of July X3, 1843. Church's Appeal, 384. 

COUNTY AUDITORS. 

X. On an appeal from the report of the board of county auditors, provided for Luieme 
county by the act of July x6th, 1843 (P. L. 391), no new matters of account can be introduced 
which were not presented before the board. It is error for the Common Pleas to allow such 
matters to be introduced by amendment. LuMcrne County v. Whitakcr, Sheriff, 361. 

3. Semble, that where it is desired to have such matters considered, the proper course is to 
move to have the report referred back to the board of auditors. Id. 

COVENANT. See Insurance. 

CRIMINAL LAW. See Camp Mbbting. CoNsrmmoNAL Law. Costs. Warbhousbmbm. 

1. It is a general rule that where the enacting clause of a statute describes the offense, with 
certain exceptions, it is necessary to state all the circumsunces which constitute the offense, and 
to n^ative the exceptions ; but where the exceptions are contained in separate clauses or provi- 
sions of the statute, they may be omitted in the indictment, and may be shown by the defendant 
as matters of defense. Commonwealth-^. Shelly, Zt, 

3. Where by the terms, " except as hereinafter excepted," the exception is introduced into 
the enacting clause as a part of the definition of the offense, and not as a proviso, it should be 
nqpuived. Id. 

3. The enacting clause of the act of May 8th, 1878 (P. L. 46), relating to the regulation of 
traffic near camp meeting, conuins the words, " except as hereinafter excepted." The third 
section sutes the exceptions : Held, that in an indictment the exceptions should be negatived. Id. 

4. If a prosecution is not witndrawn, it is the duty of the magistrate to send up the recog- 
nizance on or before the next meeting of the grand jury. Commonwealth v. Kohle, X39. 

5. If such recognizance is not sent up for several terms after it is entered into, and no 
explanation is made for the delay, the prosecution on that information is at an end, and an 
indictment not based on a fresh information and hearing will be quashed, unless it appears that 
the course of procedure taken was required by some pressing necessity. Id. 

6. Authority to institute a prosecution by indictment without preliminary information and 
hearing, considered. Id. 



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Index. 13 



CRIMINAL LAW (Continued). 

7. Im an extreme case of a crime affecting the public justice, and where there would other- 
wise be a &Uare of justice, and the escape of a public offender, an indictment may be> found 
without a previous binding over, although in general an indictment must be preceded by inlbr- 
mation and hearing. Commamwealtk v. RtynoUU^ 163. 

8. Murder under the Pennsylvania sutute, and the degrees thereof, considered and illus- 
trated. C^mmoHwemlth v. Goto/ski ^ aoo. 

9. In a case of assault and battery, where the defendant died after the grand jury had 
returned a tr«e bill against him, and bdbre the trial was had, the county cannot be compelled to 
pay the costs of prosecution. CommtonweaUk v. Gmiiagktr, saa. 

CROPS. See Exxcuroits and Adm ikistrators. 

DAMAGES. See Srbkiff aiid Subripf's Salb. 

DECEDENTS' ESTATES. See Incomb. Taxbs. Will. 

I. The real estate of an intestate descends to his heirs at the instamt of his death, and 
remains there until sold by order of the court ; and whether the esute be solvent or insolvent, 
the heirs have the same right to draw the rents that he would have had if living. Gtlbin't 

DEED. See Hosbamd aicd Wifb. 

I. The certificate of a justice to the acknowledgment of a deed by a married woman of her 
sepamte estate is a judicial act, and as to a bona fide vendee or mortgagee for value, without 
notioe of fraud or imposition in the procurement of the execution of the instrument, is conclusive 
of every material fact expressed therein. Richart *t ux. v. Witner *t al., 22 j. 

a. But as against a vendee or mortgagee with notice, it may be shown by parol, not only 
that the certificate itself is fidse, but also that, although all the forms of the statute were 
observed, the execution and acknowledgment were procured by firaud and imposition, or were 
made under compulsion. Id. 

DIVIDEND. See Corporation. Incomb. 

DIVORCE. 

I. The wife petitioned for divorce on the ground of desertion ; the husband's answer simply 
denied the allegations of the petition : Nt/d, that she was entitled to a reasonable allowance for 
counsd fees, etc. MitUr v. Miller, X03. 

a. A woman who is living in a state of adultery has no claim upon her husband for support, 
and where this is shown deariy the court will refuse an application for alimony >/«<^^ii/r lite. Id. 

3. Neither the husband nor the wife is a competent witness against the other in divorce 
proceedings, except '' where personal service of the subpoena is made on the opposite party, or 
said party appears and defends." Fergueon v. Fergn*en, 314. 

EJECTMENT. See Evidbncb. Orphans' Court. Vbni>or and Vbndbb. 

X. A disclaimer under the act of March 37, 1867 (P. L. 47), relating to actions of ejectment, 
may be filed on the trial of the case. If the opposite party is surprised, the court will prevent 
iigustice by continuing the case. Myers et al. v. Devent et eU,, X05. 

ELECTION DISTRICTS. 

t. Under the act of May x8th, 1876 (P. L. 178), relating to the erection of election districts, 
the court may, upon petition, and in the exercise of their discretion, grant a review, although no 
exceptions have been filed to the report of viewers. In Re Divuion t/ydckson Townxhip inte 
EUetion Distridtt 147. 

a. Soch review is not demandable of right, nor can the court award it of their own motion. Id. 

3. The allowance of a petition for review will prevent the confirmation absolute of the 
original report until the report of reviewers is made, when, upon consideration of both reports 
and the evidence, the court may adopt either. Id. 

4. If, however, no exceptions be filed to the original report, enough should appear on the 
face of the petition for review, or it should be accompanied by such prooft as will be sufficient to 
inform the court that a review is necessary. Id. 

EMINENT DOMAIN. See Common Schools. Mandamus. 



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14 Index. 

EQUITY. See Dbbd. Husband and Wifb. 

X. The recommitment of a master's report to the master for a specific purpose does not open 
the whole case, or permit the introduction by the defendant of an entirely new defense, such as 
the statute of limitations. Exftrkart v. Evtrhart, 167. 

a. Where the answer is responsive to the bill, the latter must be sustained by die testimony 
of two witnesses, or <^ one witness and strongly corroborative circumstances. Hodgn v. Laurel 
Run Lodge, No. 344, Knights qf Pythias, 190. 

3. A defendant in an equity proceeding may plead another suit pending, either in the same 
court, or in another court having concurrent jurisdiction. Streater v. Ricketts, 417. 

4. To render such a plea valid, the second suit must be for the whole, and not a portion 
merely, of the same matter embraced in the bill, and each suit must have the same object in 
view. Id. 

ERROR AND APPEAL. See Plbading and Practicb. 

ESTOPPEL. See Inquisition. 

X. To raise an estoppel it must be shown by the evidence that the parties daiming it had, 
by reason of the acts of the other, been led to do something which they would not otherwise 
have done. Hallstead's Estate, 394. 

EVIDENCE. See Attachment AND Attachmbnt Execution. Countt Avditobs. Ditokck. 
Equitt. Habeas Corpus. Lunacy. Poor. Taxes. 

I. The presumption of death from an absence of seven years, held not to apply to a case 
where the person's absence is accounted for by the dct of his having fled to escape the conse- 
quences of appropriating trust moneys, and hence had a strong motive for silence and conceal- 
ment of his whereabouts. Wolff* s Estate, 48. 

3. If the disclaimant pays the costs, and follows his disclaimer by an assignment or release, 
he is made a competent witness by the act of 1867. Myers et al. v. Devens et al.^ X05. 

3. It seems that after the disclaimant had complied with the provisions of the act of 1867, he 
would be a competent witness without the execution of the subsequent assignment. Jd. 

4. Competency of parties as witnesses, as affected by the statutes, discussed. Id. 

5. To estop privies by a reciul in a deed, such recital must be distinct, not general. McLean 
V. Palmer, 169. 

6. The act of April 15, 1869, does not require that the evidence uf a party in interest, though 
the only evidence on his side, should be corroborated to make it effective. Anthracite Building- 
and Loan Association v. Lyons, 341. 

7. The admissions of a married woman made afber the debt was incurred are not, alone, 
sufficient proof of the essentials required to authorize a judgment to bind her separate estate. 
yeremy v. Edwards et ux., 370. 

8. An admission by defend.int that a bill upon which suit is brought is ** all right," is 
evidence of his liability. Lathrop v. White, 374. 

9. Issue awarded where there is a conflict of testimony which the court is unable to decide. 
ShuUz V. Hendershot et al., 333. 

10. Where the execution of a note is denied, the note itself does not go in the balance against 
the defendant, as it woula in case of a mere all^ation of fraud. Id. 

XI. The presumption that preliminary steps taken by a public officer in doing an act have 
been refcular must be limited to his acts as an officer ; it does not apply to hb precedent acta 
done a» an agent, and it is incumbent upon the party asserting them to prove they were done. 
Murphy v. Times Printing AssocitUion et eU., 365. 

EXECUTORS AND ADMINISTRATORS. See Trustees. 

X. The court will permit an account to be corrected on proof that the inventory and account 
were prepared under a mistake. Hallstead's Estate, 394. 

3. The heirs may authorize the administrator to collect the rents and apply them on the 
debts of the decedent, yet such payment will not enure to the benefit of any creditor not paid, 
unless it be deariy proven that the payment was to be a pure gift to all the creditors, or that 
those who are not so paid had suffered some loss by the arrangement. Giitin's Estate, 75. 

3. No administrator is liable for any assets, except those within the Commonwealth at the 
time of the decedent's death, unless he has actually received them from some other state or 
country. Id. 



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Index: 15 



EXECUTORS AND ADMINISTRATORS (Continued). 

4. As a general rule, an administrator should sell immature crops on the ground, and not 
invtdve the estate and himself in a transaction which may, and most likely will, lead to dissatis- 
factioa and loss ; and if he continues the &rming, the burden is upon him to show that the estate 
was benefited by his management. Catnet^s Estate, 33a. 

FEME SOLE TRADER. See Hi^band and Wifb. 

FIXTURES. 

I. The question of fixture or not depends on the nature and character of the act by which 
the structure is put in place, the policy of the law connected with its purpose, and the intentions 
of those concerned in the act. McLean v. Palmer, 169. 

9. The question of intention is one of &ct to be left to a jury, and the findings of a referee 
has the effect of a verdict, unless clearly unwarranted by the testimony. Jd. 

3. The true criterion of an irremovable fixture consists in the unitad application of three 
tests, viz. : ist. Real or constructive annexation of the article in question to the realty. 3d, 
Appropriation or adaptation to the use or purpose of that part of the realty with which it is con- 
nected. 3d. The intention of the party making the annexation to make the article a permanent 
•cccssion to the freehold, this intention being inferred from the nature of the article aflSxed, the 
relation am! situation of the party making the annexation, and the policy of the law in relation 
thereto, the structure and mode of annexation, and the purpose or use for which the annexation 
has been made. Of these three tests the clear tendency of modem authority seems to be to give 
preeminence to the question of intention to make the article a permanent accession to the free* 
hold, and the others seem to derive their chief value as evidence of such intention. Id. 

4. Actual physical annexation is of itself of but litde importance in determining the question 
of fixtures. Jd. 

5. Lamps, chandeliers, candlesticks, candleabra, and the various contrivances for lighting 
houses by oil or other fluids, have never been considered as fixtures, and as forming part of the 
freehold. Id. 

FORMER RECOVERY. See Shikipp and Sheriff's Salk. 

FRAUD. See Attach mbnt and Attachmbnt ExsctrnoN. Dbbd. Husband and Wifb. 

JinXSMBMT. 

X. If a party who can read will not read a deed put before him for execution, or if being 
naable to read will not demand to have it read or explained to him, he Is guilty of supine n^li- 
gence,^ which is not the subject of protection, either at law or equity. Anthracite Building 
and Loam Astodatien v. Lyons, 241. 

GAS AND WATER COMPANY. See MANDAMtn. 

GIFT. 

I. A valid gift of a chose in action may be ma4e inter vivos without writing and by mere 
delivery. Hallstead's Estate, 394. 

GUARDIAN. SeeTBUSTKBS 

I. In the absence of any proof that a guardian has made proper use of a fund on an account 
of his administrator, his estate will be charged with interest from the date of its receipt until the 
date of his death. Aten's Estate, 321. 

s. In such case a guardian must be at least treated as a borrower of the fund from the date 
of its receipt. Id. 

HABEAS CORPUS. 

X. Where a witness in a criminal case is committed to prison, it must appear from the com- 
mitm«it that he had been under subpoena or other legal process, or that he had failed to appear 
as required by subpoena or other legal process, or he will be discharged from custody on habeas 
corpus. In Re McFatlden, 27. 

a. The act of Assembly of 94th February, 1870, construed. Id. 

AgH CONSTABLE. See Trespass. 

HUSBAND AND WIFE. See Cbrtiorari. Dbbd. JtmcMBNT. 

X. A feme sole trader has power to bind herself by agreement for the sale of her real estate, 
without adcnowiedgment of said agreement, or the joining of her husband therein, and although 
•he was living with her husband at the time of making the agreement. Swing's Appeal, 47. 



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i6 Index 



HUSBAND AND WIFE (Continued). 

a. Equity will specifically enforce such agreement against her. Id, 

3. Where a married woman conveys her separate estate to creditors of her husband in pay- 
meat of his debts under threats by the former that they %rauld proceed by actions at law to 
recover it from her« her deed is not voidable on the ground of duress ptr mina*. Rickart *t ux, 
V. IVitner ei «/., 827. 

4. A married woman conveyed her separate estate to creditors of her husband in payment 
of the latter's debts. She subsequently filed a bill to set aside the deed upon the ground " that 
she was unduly influenced thereto by the repeated and urgent requests, entreaties, importunities, 
and persuasion of her husband/' and that the grantees took with notice of the &ct : Htld^ that 
the decision of the case must depend on the proof as to the d^ree of undue influence exerted by 
"the husband, and that the demurrer must be overruled. Id. 

5. Mere persuasion by a husband will not suffice to avoid the deed of a wife to a diird 
person, if her will be not coerced. M. -^ 

6. Whether articles bought by a married woman are necessaries is a question of fiict. 
yertmy v. Edward* *i tur., 270. 

INCOME. SeeWA.L. 

X. The income or dividend from bank stock was bequeathed to the testator's widow for lifie. 
She died June 33, and a dividend was declared on the a9th day of the same month : Heldf that 
her esute was not entitled to any portion of the same. Rots* Estate ^ 330. 

INFANT. See Plbadimg and Practicb. 

INJUNCTION. See Landlord and Tenant. 

z. The general rule of law is, that when a defendant, pending an action for injunction, and 
after notice thereof, proceeds to do the things complained of in the bill, he does so at his peril. 
Streater's Estate, 77. 

a. The writ becomes operative from the time of its order, and is effectual from that date on 
all parties who have had actual notice (written or verbal) of the existence of the order. Id, 

3. Great n^igence in serving the writ is no ground for disr^arding its existence. Id. 

4. But it seems that where the writ has been ordered only on condition that complainant 
give bond, the giving of the bond is a condition precedent to its validity. Id. 

INQUISITION. 

I. A sheriff's inquisition and extension of real estate will not be set aside because the jury 
did not take into view all the incumbrances upon the land, in fixing the annual sum to be paid, 
where the party complaining appeared before the inquest, and gave the usual notice of election 
to retain, and has received payments under the extension until his judgment is nearly paid off. 
He will be held estopped. HelUr v. Leack, 177. 

INSURANCE. See Justicb op thb Pbacb. Plbading and Practicb. 

X. A covenant in an insurance policy that it shall be void if the property becomes incum- 
bered by a judgment is violated by the entry of a warrant of attorney azmexed to a bond in 
which {he insured is an obligor, although the condition of the bond was never broken, and there 
was no time at which execution could have issued on the judgment. The question is simply 
whether the property was incumbered, without regard to whether it might be taken in execution. 
Hillet al. v. Pennsylvania Mutual Fire Insurance Co., 323. 

a. A man deeply indebted may take insurance on his life payable to his wife, and creditors 
can acquire no right to the same. Hallstead's Estate, 394. 

ISSUE. See Evidbncb. Judgm bnt. 

JOINT CONTRACT. See Principal and StniBTY. 

JUDGMENT. See Bankruptct. Lunacy. Lackawanna County. 

I. On a motion to open a judgment, where, upon all the testimony, the court would not be 
justified, in the exercise of a sound discretion, in sustaining a verdict for the defendant, the issue 
ought to be refused. Plymouth Building Association, assigned, v. Rood, 9. 

a. When a defendant sdl^es that his signature to an amicable i^^vival of a judgment was a 
forgery, or was obtained by false and fraudulent representations as to the nature of the instru- 
ment, and obtains a rule to strike off the judgment, the proper practice is to frame a special issue 
to try the disputed questions of &ct, and in the meantime to allow the rule to stand over. 
Enterprise Building and Loan Association v. Grijffitk, 13. 



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Index. 17 



JUDGMENT (Continued). 

3. A Mrg/acias had issued against, and been served on, a defendant to revive a judgment 
containing a waiver of exemption. The defendant, not wishing to proceed further in his defense, 
confessed a judgment, in which he waived the benefit of the exemption law. Ho swore that he 
could not read English, and did not know that the paper contained such waiver. There was 
not sufficient evidence of fraud or misrepresentation to submit to a jury. Upon these facts it 
was held, on a motion to strike off the judgment, that his ignorance of the language was not a 
sufficient cause for such action. Em^re Building and Loan Association v. Morris, 133. 

4. If a person who cannot read does not ask to have a paper, presented for his signature, 
read or explained to him, he is guilty of supine negligence, and unless fraud or misrepresentation 
be clearly shown, the paper will not be set aside. Id, 

5. If parties concoct a scheme to hinder, delay, and defraud creditors, and resort to a judg- 
ment to effect their object, both having in view the same thing, there is no fraud between them 
of which either can complain, or call on a court for relief against. Boclur v. Hammts, 336. 

6. The question as to die burdoi of proof in opening a judgment, considered. Anthracite 
Building and Loan Association v. Lyons, S41. 

7. Judgment was entered on a transcript from a justice containing the following entry : 
*' Parties appear. Claim. $59.07, with interest, for goods sold and delivered, being for articles 
necessary for support of £unily of said defendants, and contracted for by said wife. Defendants 
acknowledge justice of claim ; whereupon, it appearing that these goods were articles necessary 
for support of fiunily of said defendants, and contracted for by the said wife, judgment is publicly 
entered," etc To a scire facias on this judgment defendants pleaded nul tul record : Held, 
that the judgment was not void. y«remy v. Edwards et ux., 370. 

8. The finding of an inquest is prima facie evidence only of incapacity to confess a judg- 
ment. Koons V. Benscoter, 387. 

9. On a rule to open a judgment the defendant put in evidence the finding of an inquest in 
lunacy, but the record showed the discharge of a former rule taken by the committee : Held, 
that the matter was res eu(/u dic ett a . Id. 

xo. Where a judgment is entered without authority of law, the court may strike it off. 
Lsueme County v. Miller, ixs. 

JUROR. See New Trial. 

JURY. Sec Pavmsnt. 

JURY TRIAL. See Justicb op thb Pbacb. 

JUSTICE OF THE PEACE. See Attachmbnt and Attachmbnt Exbcution. Certiorari. 
Crimccal Law. Landlord and Tenant. Pleading and Practice. Wages. 

X. The act of May ist, x86t, which provides that upon the arrest of a defendant for certain 
crimes therein defined, upon demand of the defendant, the justice shall call a jury of six and try 
the offense, is constitutional. Lavery v. Commonwealth, 51. 

s. It is misconduct on the part of a magistrate to omit to inform a party who has given bail 
for an appeal, and paid the costs, that an affidavit is also required to perfect the appeal. Swallow 
▼. Red Ash Coal Co., 187. 

3. The act of April 4, 1873, in r^ard to foreign insurance companies, does not enlarge the 
jurisdiction of justices of the peace so as to permit them to direct process to a constable of another 
county. Fidelity and Casualty Co. v. Hesty, 188. 

4. The acts of April 34, 1857, ^^^ o^ April 8, 1868, refer to actions commenced in courts of 
record only. Id. 

5. The authority of a justice of the peace to pass upon exceptions to bail for appeal, which 
has once been accepted, and to strike off the same upon its being adjudged insufficient, is not 
expressly given by any statute, but is well recognized in practice, and his action, if based on an 
adjudication of its insufficiency, is conclusive and binding on the parties in any collateral pro- 
ceeding. Cease v. Myers, 353. 

6. Where the record does not show actual personal notice to the appellant of the striking off 
of the bail, the court may, in its discretion, permit him to perfect his appeal by entering new 
faaU. Id. 

7. In an action before a justice, it is the amount in controversy, and not the amount of 
judgment, which determines the right of appeal, and this may be shown by evidence aliunde 
the recocd. Klineioby. Rood, 351. 



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1 8 Index. 



JUSTICE OF THE PEACE (CoiiUnued). 

8. Whether a justice can be compelled by a rule to show cause to allow an appeal, ques- 
tioned. Id. 

9. Where a party has not been misled in any way, his mere ignorance of the law is not 
sufficient cause for allowing an appeal out of time. Mundy v. SouU, 350. 

zo. A judgment in favor of defendant for fifty cents and costs by a justice of one county may 
be certified by transcript for purposes ol execution to a justice of another county. McKmrney 
S» Sim^ms v. Tinglty, 389. 

LACKAWANNA COUNTY. 

I. The original judgment, of which this was a revival, was entered in the Mayor's Court <rf 
Scranton : Held^ that any defense to that judgment must be made in the Common Pleas ol 
Laclcawanna. Enterprise Building and Loan Astociati^m v. GrtfiiA, 13. 

a. An action against the city of Scranton (now in Lackawanna county) cannot be tried in 
the courts of Luzerne county since the division of the county, though the same was pending and 
at issue at the time of the division. Cknreh, assigned^ v. Ciiy 0/ Scranton^ 400. 

LANDLORD AND TENANT. See PsmciPiU. and Svrbtt. Subriff and Shbxxff's Sals. 
I. The act of December 14, 1863 (landlord and tenant), is a complete system for obtaining 
possession by a landlord. Kmeger v. Rmtledge et a/., 189. 

a. The pbdntiflr,a tenant, claimed that before the expiration of the term he had acquired the 
rights of a vendee under an agreement acompanying the lease : Heid, that this was a defense 
which he could make before the justice, and that the court had no jurisdiction in equity to 
restrain the landlord from proceeding under the statute to try his right to repossess himself of 
the leased premises. Id. 

3. Where a party claims tide to goods under a sale upon a distraint for rent, he must prove 
affirmatively that the necessary \egtX notice of the distress was given to the tenant, and that the 
sale was duly advertised. Murphy v. Titnet Printing Association et al.^ 365. 

4. A landlord, under a claim for rent, can hold possession of personal property previously 
sold by the tenant, demanded by the purchaser, but not delivered, and remaining on the premises, 
even though an actual formal distress had not been made. Furhusk v. Fisher, 367. 

LEASE. See Minbs and Minbeals. Will. 

LEGACY. See Will. 

LIEN. See Subhogation. 

LUNACY. See JuDGM BNT. Pook. 

I. An inquisition finding a person a lunatic is prima facie evidence of incompetency to 
make a contract at any time covered by the finding, and in the absence of evidence to overcome 
the presumption, or to show that it would be unconscionable to do so, a judgment confessed by 
him during the period will be opened. Gresh v. Tamany, 291. 

MANDAMUS. See BoaoucH. 

X. Duties of corporation springing out of contract relation cannot be enforced by mandamus. 
C&m. ex rel. Stem v. IVilhes-Barre Gas Co., 385. 

a. The duty of a gas company to supply all persons in a city with gas does not arise, like 
the duty of common carriers, from the single fact that it is engaged in the business, however 
necessary gas may be to the public. Such a duty can only arise from its charter. Id. 

3. Whether a declaration in the charter that a corporation is created for the purpose of 
supplying a certain community with gas is alone sufficient to impose such duty, qumre. Id. 

4. A general grant <^ eminent domain, e.g., to enter upon the streets and on private lands to 
lay pipes, etc., does impose a public duty, which an individual, who is willing to comply with 
the reasonable rules of the company, may enforce by mandamus. Id. 

5. An attachment cannot be issued where, upon return to a mandamus, it appears that all 
the money in the borough treasury is required to pay the necessary and running expeiMes of the 
borough. Eariey v. PleasasU Valley Boromgk, 349. 

MASTER AND SERVANT. See Nbcugbncb. 

MECHANIC'S LIEN. See Plbading and Pkacticb. 



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Index. 19 



MINES AND MINERALS. See Will. 

X. A lease of the exclusive right to mine and sell all the minerals in or under land, without 
limitation as to quantity or time, is to be taken as a sale of the mineral in place, and consequently 
a sale of a portion of the land. EUf* Estate ^ 55. 

See Eley's Appeal, 335. 

9. The defendants were owners of a coal mine operated through a shaft, and it was alleged, 
and not denied, that they permitted men to work in the first and third seams (which were con- 
nected with a second opening) at the same time that other employees, not exceeding twenty in 
number, were at work in the fifth seam of coal " for the purpose of working a gangway to connect 
with a second opening not yet completed to said seam :'* Held, 

(x.) That this was not in violation of section 3 of the act of March 3, 1870 (P. L. 3). 

(3.) That the phrase, " for the time being at work," is clearly used to qualify and limit the 
seams or strata which are embraced in the prohibition of the third section of the act, and not the 
period of time, daily or otberwise, when the laborers are actually employed. 

(3.) That removing coal finom a gangway, not for the coal, but for the purpose of driving the 
gangway so as to connect the same with a second opening, is not working the seam, but opening 
it for work. Such work does not make it a seam " for the time being at work " within the 
meaning of section 3 of the act. Haddock et al. v. Commonwealth ex rel. Williams , 351. 

3. Commonwealth 9. Haddock (x Kulp, 330) reversed. Id. 

MORTGAGE. 

X. It is not necessary to give notice to the terre tenant of mortgaged premises of the suing 
out of the writ of scire /acuu, or to make him a party to the proceeding, in order to make a 
valid sale of the land to satisfy the debt or money due upon the mortgage. Pardee et al. v. 
Green et «x., 364. 

3. If die terre tenant does not have notice of the proceeding, he will be permitted to make 
any available defense against the purchaser at sheriff 's sale that he might have made upon trial 
of the scire facias, in case it had been served on him. Id. 

3. Whether served with scire facias or not, if the terre tenant applies by petition before 
judgment, the courts invariably permit him to defend >rtf inter esse sue. Id. 

4. But after judgment regulariy obtained by adversxuy proceedings, the terre tenant has 
no such right, unless he can clearly show some special equity in addition to want of notice. Id. 

MUNICIPAL CORPORATION. See Boroughs. Mandamus. Plbading and Practicb. 

NEGLIGENCE. 

X. In the absence of evidence to the contrary, a boy between fifteen and sixteen years of age 
is presumed to have sufficient capacity and understanding to be sensible of danger, and to have 
the power to avoid it. Devert v. Lehigh Valley Coal Co., 133. 

2. If he knew the risks, and continued in the employment, it was his duty to exercise that 
judgment and discretion which the law imputed to him. Id. 

3. If, in performing the duties of his employment, he unnecessarily puts himself in a place 
of known danger, and an accident results, he is chargeable with contributory negligence. Id, 

4. In such case the &ther cannot recover, although notice was not given to him that the 
cmploymeitt had been changed. Id. 

5. Negligence of fellow-servants, the rule of law in regard thereto. Reese v. Payne &* Co., 179. 

NEGOTIABLE INSTRUMENT. See Wasbhousbmbm. 
NEW COUNTY. See Lackawanna County. 

NEW TRLAL. 

X. Practice in granting new trials for improper statements of counsel in argument of case, 
discnssfd. Myers et al. v. Devens et al.', 105. 

3. As a general rule, the fiulure of opposing counsel to ol^ect at the time will prevent the 
granting of a new trial. Id. 

3. Where a verdict is rendered against the binding instructions of the court, it is the duty of 
the court to grant a new trial, even though it may be possible that the court erred in giving 
such instroctions. McDade v. Cam/iell, X35. 

4. As a general rule, the testimony of jurors is not admissible to impeach a verdict on the 
ground of their own misconduct. Laurel Run Building Association v. Mitchell et eU., x6x. 



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20 Index. 

NEW TRIAL (Continued). 

5. A new trial will not be granted simply because counsel in addressing the jury referred to 
the action of the jury on the fotmer trial. Objection should have been made at the time, and 
the court would then protect the party complaining, either by withdrawing a juror, or by a 
proper caution in their charge. Retse v. Payne b* Co., 179. 

■ 6. If no challenge be interposed, the general character for sobriety of a juror cannot be 
inquired into after a trial on the merits, in which he has not been guilty of misconduct affecting 
the trial. Houpt v. HendUr, 23a. 

7. The fact that a juror, after he has been sworn, drinks intoxicating liquors is not held to 
be sufficient ground for a new trial, unless it is shown that he drank at the instance or expense 
of the winning party, or that he was thereby unfitted to listen to and remember, and to intelli- 
gently and impartially consider and weigh, the evidence. Id. 

8. A juror who, after being sworn in a cause, comes into court in an intoxicated condition is 
guilty of contempt, and may be fined. Jd. 

9. Silence as to a known irregularity, or even misconduct, not directly affecting the verdict, 
and with which the winning party is not connected, is generally held to be equivalent to express 
assent that the trial may proceed. Jd. 

xo. Where it is known to a party, or his counsel, that, during an intermission in the trial of 
a civil case, a juror has drank intoxicating liquor to excess, and the party does not object to 
proceeding when the temporary incapacity of the juror is removed, but takes the chances of a 
verdict in his &vor, he cannot demand a new trial for that cause alone, unless the winning party 
is shown to have been in some way connected with the mibbehavior. Id. 

zx. The authority of the court to grant a new trial for misconduct of counsel in arguing the 
case to the jury is well reo^^ized. Sweeney v. Lehigh Valley R. R. Co., 223. 

X3. It is the duty of the party prejudiced by the unwarranted statements of opposing couiksel 
to object at once. Id. 

13. The general rule of practice, with one or two exceptions, is, that the party complaining 
of the misconduct of opposing counsel in his argument to the jury will not be permitted to hold 
his objections in reserve to be used in the event of an unfavorable verdict. Id. 

14. Where the amount awarded by a jury is excessive, the court may annex a condition that 
the excess be remitted to its refusal of a new trial. Schma/iM v. 1Vhitiey» 281. 

ORPHANS' COURT. See Guardian. Trustbbs. 

z. No Orphans' Court will approve an investment in the stocks of any public or private 
corporation, except those authorized by some act of Assembly ; and in this case the court refused 
to approve an investment by guardian in the first mortgage bonds of a railroad company, located 
in the Slate of New York. Hoyt's Estate, 73. 

3. In approving an investment, the courts consider that absolute safety of the principal is 
of more consequence than great expectations of interest. Id. 

3. Since the act of Assembly of May 8th, 1876, extending the list of approved securities to 
"all bonds or certificates of debt now or hereafter to be created, and issued according to law, by 
any of the counties, cities, school districts, or municipal corporations of this Commonwealth," 
it would be safe to say that no court should authorize an investment outside of those recom- 
mended by the Legislature. Id. 

4. It IS considered that no court should authorize an investment where its collection can 
only be enforced by resort to the courts of another state or country. Id. 

5. After the death of a vendor of land by contract, the tide of the vendee was sold at 
sheriff's sale. The administrator c. t. a. of the decedent brought ejectment against the original 
vendee and the widow, who was sole devisee, without record notice to the purchaser of the 
vendee's tide. Judgment was entered by confession, and possession delivered on habere faciat . 
Afterwards the sheriff's vendee brought ejectment against the administrator, the original vendee, 
and the devisee, which is still pending. Neither of the parties have proved the contract. The 
sheriff's vendee now files his petition in the Orphans' Court for specific performance : Held, 

(x.) That the Common Pleas had no jurisdiction in the action of ejectment by the adminis- 
trator, first, because the contract had not been proved ; second, because neither the act of 1849 
nor any other authorizes an administrator to commence such action ; third, because the Orphaxxs* 
Court of this county had exclusive jurisdiction to enforce specific performance. 

(2.) That the petitioner is not entided to have the rents paid to the parties in possession 
under the habere faciae set-off against the balance of purchase money due the estate, and 
that he is liable to the estate for interest on the purchase money from the death of the decedent, 
although the same was not due and payable until a deed should be tendered. GurCs Est., 4x9. 



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Index. 21 



PAYMENT. 

I. The payment of tolls exacted by a canal company, whose right to the same is disputed, 
but which, by the exercise of threats and other means of coercion, compels the parties to accede 
to its demands, or be put to considerable loss in their business, are such involuntary payments 
that the company will be compelled to make restitution upon suit for their recovery. Lehigh 
C. *• N. Co. ▼. Brown ei al., 115. 

a. If the jury find that a person without authority wrongfully collects money, and it is paid 
involuntarily, it may be recovered back. Id. 

3. Rtrie laid down by Mr. Justice Field in Brumigan v. Tillinghast (z8 Cal. 273) adopted as 
to what are involuntary payments. Id. 

4. What are involuntary iMyraents, a question of (act for the jury. Id. 

PLEADING AND PRACTICE. See Ambndmbkt. County Auditor. Elbction District. 
Equttv. Dxvorcb Mortgagb. New Trial. Rbfsrbb. Roads. 

X. A summons against an insurance company having its principal office in another county 
cannot be served on a soliciting agent residing in this county, who is merely authorized to receive 
applications and admission fees, and such assessments and annuals as may be sent to him for 
collection. (/Hara v. Mutual Aid Socioty, 45. 

a. An infamt may be arrested upon a capias ad respondendum for torts committed. He 
cannot execute a bond, and most, therefore, either submit to imprisonment, or by the aid of a 
next friend appear, and by interposition of that friend exMute a bond. Vincent V. Warner ^ 46. 

3. Where a recognizance for appeal from the judgment of a justice of the peace is defective, 
the proper course is to call on the appellant by a rule to perfect his bail within a specified period, 
or in defiutit of it to have his appeal quashed. Gordon v. Snyder, 91. 

4. But where the appeal is absolutely unauthorized, because the appellant has neglected to 
comply with some positive condition precedent, as, for example, the prepayment of costs, or the 
making of an affidavit under the act of 1876, he must show that the fault of the omission was not 
his. Id. 

5. The rule laid down in Gordon v. Snyder {ante 91), as to the practice in cases of unau- 
thorized appeals, followed. Swa/iow v. Red Ash Coal Co., 121. 

6. After a long ?apse of time an attorney will not be allowed to withdraw his acceptance of 
service of writ, and appearance and plea, unless it be satisfactorily shown that the plaintiff would 
be in as good a position as when the writ issued. Heller v. Waller et al., 138. 

7. A plaintiff who has fiauled to recover in a scire facias upon a mechanic's lien may resort 
to an action of debt against the same defendant upon the original contract, without payment of 
costs allowed in the mechanic's lien proceeding. Long v. Caffrey, 192. 

8. Where the defendant in the action upon the contract has appeared before arbitrators, 
and agreed to the entry of a judgment against himself for a sum certain, reserving the right to 
appeal, and has then entered his appeal, the application to set aside the proceedings because of 
non-payment of costs is too late. Id. 

9. Powdl V.Wyoming Valley •Manufacturing Co. (9 Luz. Leg. Reg. 1x5; x Kulp, 91) 
presents the exact converse of the present question. Id. 

10. Issue of naU tiel record is triable by the court without a jury. Jeremy v. Edwards 
</«Mr.,370. 

XI. To a void record the plea of nul tiel record is sustainable. Id. 

19. An action against a mtmlcipal corporation is local, and must be brought and tried in the 
oooit of the proper county. Church, assigned, v. City efScranton, 400. 

PRESUMPTION OF DEATH. See Evidbncb. 

PRINCIPAL AND SURETY. 

X. Where a lease has the name of A. as lessee in the body of the paper, and is signed by A., 
and also by B., with the word "ball" added to his name, it is a joint undertaking by both. 
Brown v. Peters, 403. • 

3. As between themselves, they are principal and surety ; in favor of the lessor, they are 
both principals. Id. 

POOR. 

X. The vacation of an order of removal on appeal is only condusive as between the two poor 

districts which are parties to the appeal. Overseers v. Overseers, 375. 

a. Service alone, without hiring, will not gain a setdement ; but to constitute a hiring it is 

nnt necessary that the consideration should be paid in money ; an express agreement that the 



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22 Index. 

POOR (Continued). 

pauper should receive his victuals and clothes for his labor constitutes a hiring by which a settle- 
ment may be gained. Id. 

3. It seems that mere admissions or declarations by the parties after the termination of the 
service are not competent evidence to show a hiring in order to establish the legal settlement of 
a pauper. Id. 

4. But declarations of the parties made during the continuance of the service are admitted 
for the purpose of illustrating the character of the service, whether gratuitous or otherwise. Id, 

5. Up to about 1850 B. had a settlement in Huntington by payment of taxes, when he sold 
his land and moved to Fairmount, where he acquired a settlement by a hiring. In 1856-7 he 
removed to Ross, where he continued in service by hiring until 1874, thus acquiring a settlement 
in Ross. From the last named township he removed to Fairmount, where he continued without 
hiring until he was declared a pauper. The overseers of Fairmount issued an order of removal 
to Huntington, from which the latter appealed : Held^ that the order must be vacated. Id. 

6. In a settlement case, proof maybe made of assessment of taxes by a witness who produces 
before the examiner appointed to take the testimony the books of assessment from the proper 
office, and in the presence of the parties states in his deposition the items of the assessment in 
question as therein contained, no objection being made at the time to that mode of proof. 
Directors v. Directors^ 3x5. 

7. Jerry Coats, having a settlements in Danville, resided there with his wife and family from 
1855 to 1869. In the latter year his wife became insane, and was, with his knowledge, placed in 
a lunatic hospital by the directors of the poor of the Danville district, where she remained, at the 
expense of that district, until 1882, when an order was obtained for her removal to Scranton. 
In 1875 Coats abandoned his dsimily and his residence in Danville, and went to Scranton, where 
he resided for sevc^n years, during live of which in succession he was assessed with and paid his 
proportion of public taxes in the Scranton district : Held^ that he gained a settlement in 
Scranton for himself and wife, notwithstanding the fact that she was during that time receiving 
relief from the Danville district. Id. 

REAL ESTATE. See Husband and Wifb. 

REFEREE. 

1. Where there is a direct conflict in the testimony, involving the credibility of witnesses, 
the decision of the conflict by the referee will not be disturbed, unless it is clearly shown that he 
has committed gross error. Clark v. Su/Zrvattf 124. 

a. The court has power to recommit the report of a referee. Kingston BtUlding Assdn v. 
McDonoMgh, 137. 

ROADS. 

1. After the filing of the report of viewers in a road case, awarding damages, exceptions to 
the report were filed, depositions were taken on both sides, and the case was fully argued to the 
court. The court overruled the exceptions and confirmed the report. The discretion of the 
court having been thus invoked and exercised, it is now too late for an appeal and a jury trial 
under the act of June 13, 1874. In Re Private Road in Nescopeck^ 358. 

2. The time when the report is filed is the time when the damages are ascertained. The 
thirty days allowed for the appeal must begin to run from that time. Id. 

RULES OF COURT, 143. 

SCHOOL DIRECTORS. See Common Schools. 

SHERIFF AND SHERIFF'S SALE. See Bankruptcy. 

X. The gist of the action against a bidder at a sherifi''8 sale, where the bid is not complied 
with, is a breach of contract. IVkita/cer et a/, v. Thompson et al.^ii. 

2. If by a breach of contract the plaintifi* has suffered ii^ury, he may recover damages 
therefor. If he has suffered no injury, he can recover no damages. Id. 

3. Where there is an outstanding lease of premises in which the defendant in an execution 
is the lessor, the defendant is not entitled to demand or receive any rent from the tenant 
subsequent to the delivery of the sheriff's deed. Herr v. Binkley^ 39. 

4. The remedies against a sheriff by personal action and by suit on his official recognizance 
are cumulative, and a recovery without satis&ction in the former is not a bar to the latter. 
Com$H0nwealtk ex rel. Butler v. Wkitaker et al.^ 405. 

5. It seems that a judgment against the sheriff in a personal action is not condusire, as to 
the damages at least, against the purchaser of land bound by the lien of the recognisance in a 
subsequent suit upon the recognisance. /</. 



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Index. 23 



SPECIFIC PERFORMANCE. See Orphans' Court. 

STATUTES, CONSTRUCTION OF. See Camp MsirmrG. Turmpikb. Warhhousbmkn. 

SUBROGATION. 

z. Where it is shown that subsequent lien creditors have paid a prior judgment under a fair 
and legitimate effort to protect their interests, and that intervening rights will not be jeopardized, 
their right to subrogation will be clear, filiek v. IVeller, 29. 

a. Bat where the prior judgment creditor has issued execution, the court will not compel 
him to accept payment from subsequent lien creditors, and to assign his judgment to them. 
They have no standing in court until they have paid the judgment. Id. 

3. Subn^ation will not be decreed in favor of a mere volunteer, who, without any duty or 
compulsion, moral or otherwise, pays the debt of another. Id, 

SUMMARY CONVICTION. 

I. The record of a summary conviction will be reversed if it does not set forth a well defined 
act forbidden by law. Commonwealth v. King^ 2x7. 

3. In summary convictions a justice must set forth the charge specifically ; he must, under 
the act of 1876 (P. L. 154), reduce the evidence of witnesses to writing as it is delivered by them 
before him. Id, 
TAXATION. 

I. Section 3 of the act of February aSth, 1835 (P. L. 46), does not authorize the county com* 
missioncrs to file a certificate and have judgment entered thereon against the receiver of taxes 
of the city <A Wilkes-Barre, i4)pointed under section 39 of the city charter. LuMernt County v. 
MUUr, 113. 
TAXES. 

I. The duplicate issued to a collector containing taxes charged against a person, when 
returned by the collector to the treasurer marked " paid " opposite the tax, is prima/acU 
evidence that it was paid by person charged. Directors v. Directors^ 315. 

3. Taxes assessed and levied before a decedent's death become a debt against his estate. 
Catner'* EsteUe, 333. 
TERRE TENANT. See Mortgagb. 
TRESPASS. See Cbrtxorari. 

I. Animals lawfiiUy confined in the city pound (Wilkes-Barre) are in the custody of the high 
constable, and he may maintain trespass against a defendant who unlawfully takes the same 
from his possession. Sheridan v. Spare ^ 43. 

TRUSTEES. See Evidbncr. 

I. Where one secretly appropriates the funds of an estate placed in his trust and care, he is 
at least a borrower, and must be dealt with as such, and not any longer as a trustee, so far as 
questions of loss, interest, and compensation are concerned. Drake's Estate, 19. 

a. An unfaithful trustee is entitled to no favor. He stands exposed to every equity and 
every technical l^al advantage which accrues to the cestui que trust. Id. 

3. An executor, administrator, guardian, or trustee who appropriates the trtist funds to his 
own use renders himself liable to removal, to interest on the fund, to make good the principal, 
although lost, and to a criminal prosecution for embezzlement. Id. 

4. After a testamentary trust has been completed, the Orphans' Court may compel a trustee 
to convey the estate to the beneficiaries. Mott's Estate, 69. 

5. It matters not what may be the nominal duration of an estate given by will to a trustee, 
it continues no longer than the thing sought to be secured by the trust demands. Id. 

TURNPIKE. 

X. Under the act of March X9, 1804, incorporating the President, Managers, and Company 
of the Susquehanna and Lehigh Turnpike Road, the directors were bound to keep the road in 
wpait and good condition ; and when not in repair, as found upon the report of viewers appointed 
to examine the condition of the road, and notice of the same being given to the toll-keepers, they 
were not to exact any toll until the road was put in good repair, under a penalty for each collec- 
tion, re c overable before a justice of the peace. A toll-keeper exacted toll after being notified of 
the condition of the road, and admitted the fact before a justice of the peace : Heid, that a good 
prim^/acie case had been made out against such toll-keeper, which could not be rebutted with- 
citt affixnative proof that the condemned portion of the road had been put in order. Fetterman 
V. RMnns, 79. 



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24 Index. 



VAGRANTS. 

I. The second section ot the vagrant act of 1836 is not repealed by the tramp law of 1876. 
Gfm. V. KtMg, a 1 7. 

a. Mere idleness and disorderly conduct does not make one a vagrant. To sustain a con- 
viction under these statutes, the record and evidence must bring the case within the very terms 
of the law. Id. 

VENDOR AND VENDEE. 

X. Where a vendor, after having received part of the purchase money, retakes possession of 
the land, without the consent of the vendee, and uses it, he is chargeable with the rents, issues, 
and profits so long as he holds and uses the same, to be applied to satisfy any balance of purchase 
money that may be due and unpaid, and he will not be allowed to give evidence of the value of 
the improvements made by him while in possession, which were not necessary to the occupation 
and profitable enjoyment of the land. Sckma/U v. IVhitUy, a8t. 

WADHAMS, CALVIN, DEATH OF, 304. 

WAGES. See Appeal. Cbrtioraki. 

X. The act of February aSth, 1870 (P. L. 369), applying to appeals from " wages " suits in 
Luzerne county, was not repealed by the general act of April aoth, 1876 (P. L. 43). Heuun v. 
Alhtrtson, 146. 

a. Watching timber at a salary of fifiy dollars per annum is not the kind of" manual labor," 
nor the salary such ** wages of labor," as are contemplated by the act of Assembly requiring an 
affidavit and bail absolute for appeals. Zeiiler v. Everhari, 195. 

WAREHOUSEMEN. 

X. By "warehouseman, wharfinger, or other person," in the act of a4th September, 1866, 
making warehouse receipts negotiable, is meant one whose business is to receive goods with a 
view to their return in specie, whether altered in form by manu&cture or not. Bucher v. 
Commonweaith^ 339. 

a. For a receipt to be negotiable by that act, it must be issued by one who is, in &ct, a 
warehouseman or wharfinger, or who is, like them, engaged in the business of bailee. Id. 

3. A warehouseman is one who receives and stores goods as a business for compensation or 
profit. One who receives grain on immediate purchase or for future sale on account of the owner 
fo not a warehouseman. Id. 

4. If A. conveys his com to B., a dealer in grain, and leaves it with him, not intending ever 
to remove it, unless he should £adl to sell it to B. in a subsequent negotiation, B.'s later sale of it 
to C. will be deemed the exercise of his option to purchase from A., and he will not be ameiuible 
to the penalties of the act of 1866. Id. 

5. One indicted for parting with the possession of grain, for which he has issued a receipt, 
in form as follows : " Kingston Station, May 14, x88x. Received of J. Hettrick, per Kost, three 
hundred and sixty-six and 48-56 bushels corn on store. (Signed) R. A. Bucher," without return 
of the receipt, should, in the trial of an indictment therefor, be permitted to show that the 
receiptee had, for a number of years before the issue of the receipt, delivered large quantities of 
grain to the defendant, and always with the understanding that the grain so delivered was sold 
to the latter, paying such prices as might rule on the days on which a settlement should be called 
for, and that the com, for which the receipt in question was issued, was received under the same 
arrangement. Id. 

i>. A receipt, in fact, of a warehouseman, for goods received on deposit, Is within the opera- 
tion of the act of 1866, whatever may be its form. But a receipt, in form, for a deposit, may, in 
a criminal proceeding, be shown to have been given by one not in the business of bailee, and not 
for articles bailed, and so excepted from the scope of that statute. Id. 

7. The purpose of that act Is to protect third persons, and not the depositor; hence consent 
of the latter to a violation of it by the warehouseman would not exonerate him. Id. 

WILKES-BARRE. See Municipal Corporation. Ordinancb. Roads. SxATtrrBs, Con- 
struction OF. Trespass. 

WILL. See Income. 

X. A devisee of the renu, issues, and profits of land for a certain period is equivalent to a 
devise of the land itself for the same period, and if the devise be without limitation as to time 
of eiyoyment or other conditions, it will carry a foe. EUys Estatt, 55. 



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Index. 25 



WILL (Continued). 

a. A devise over, the intervention of a trustee, followed by a power of sale in the trustee, 
win be considered conclusive evidence, in the absence of a contrary intent expressed in the will, 
that the testator intended only to give a life estate to the first Mker. Id. 

3. A testator gave one-tenth part of his property, real, personal, and mixed, to the children 
of his son, John, to be equally divided among them on the death of their father, and directed 
that the said part be "held in trust by my executors during the life of the said John, and the 
interest or iDcome arising from the same to be paid to the said John annually by my executors 
during his natural life." He then authorized and empowered his executors " to sell or dispose 
of all or any part of my real estate, or to lease the coal upon or under the same, and to convey 
the same to the purchasers by good and sufficient instruments of writing, provided " they " shall 
first have the written consent of the owners of six-tenths of the premises before selling or leasing 
the same." The executors leased all the merchantable coal upon, in, and under the land, the 
lessee agreeing to pay for the same, in periodical installments, at the rate of twenty-five cenus 
per ton, etc. : Held^ that the testator's son, John, is only entitled to the interest on the install- 
ments paid under the lease, and not to the principal absoluely, the income being a product of the 
sale of a part of the corpus of the estate. Id. 

See Elcy's Appeal, 335. 

4. A bequest of a sum to be paid to the legatee annually for life out of the rents accruing 
under a lease named in the will, " if they fail not," does not authorize an executor to reserve or 
accumulate anything from the receipts of money in one year to pay the annuity of the next. 
Skitpp et al. v. Gayiord, 283. 

5. Such a legacy, however, will not be construed to be confined to the actual leahe mentioned, 
unless that is the testator's plain intention. There being an evident desire to provide for the 
legatee (or life, and no special reason for restricting her annuity to a fund received from a partic- 
ular person, the language must be understood to indicate the property as the source of income, 
rather than the identical contract then in force. Id. 

6. Testator died, leaving ten children. His estate consisted mostly of a tract of land 
valuable for agricultural purposes, but immeasureably more so for coal purposes. He gave to 
seven of his children each a tenth part of his estate absolutely. To each of the three others he 
gave the ** interest or income " of a tenth part during their lives respectively, remainder over to 
children, vesting the estate in trust for that purpose. He authorized his executors, first having 
obtained the written consent of a majority of the beneficiaries, to sell the whole estate, or to lease 
the coal under the same. Executors, having complied with the directions of the will in this 
behalf, leased the coal. The fund accruing under the coal lease was brought into the court below 
for distribution. The life beneficiaries were awarded only the interest on their respective shares 
of the fund : Heid, reversing the court below, that these beneficiaries were entitled to their 
respective shares of this fund absolutely. Eley's Appeal ^ 325. 

7. Personal property is the primary fund for payment of legacies that are not expressly and 
exclusively charged on land ; and in such case there must be a final account by the executor, 
showing a deficiency of as.-M:ts, before entering a decree for the sale of the land for payment of the 
legacies. Prince's Estate, 357. 



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The Luzerne Legal Register. 



Vol. XII. Friday, January 5, 1883. No. i. 

Copyright, 1883, by Geo. B. Kulp. 

Thomas Darling was the paternal greatgrandfather of Edward 
Payson Darling, the subject of the present sketch. He was 
cither the first American ancestor of the family, or his immediate 
descendant The family is of English extraction, and the first 
of the name to reach this country was among the earliest of the 
early New England arrivals. The exact date of his coming is 
not, however, known. Thomas Darling married Martha Howe, 
a niece of Lord Howe, the commander of the British forces in 
America during the Revolutionary war. 

His son, the grandfather of Edward Payson, was Eliakim Dar- 
ling, whose birth occurred in New Hampshire, in 1767. He 
married Ruth Buck, of Buckport, Maine, who was born in 1775, 
and died in 1855. Eliakim moved to Buckport, Maine, at an 
early age, where he became an extensive ship-builder and owner, 
in which he drove a thriving trade with several foreign countries. 
During the war of 1812 he was captured by the British while 
attempting to run the blockade of the New England coast, but as 
it was after peace had been declared, although not known at the 
time in this country, his ship and its contents were soon after 
released. He died at the age of sixty-six, in good circumstances 

I lis son, William Darling, who was the father of Edward 
Payson, was born in Buckport, Maine, but removed, when a very 
young man, to Reading, Berks county. Pa., where he was admitted 
to the bar, and entered actively into the practice of the law. He 
was a lawyer of fine parts, and held a leading position in the 
Courts for many years. In 1851 he was a United States Com- 
missioner to the World's Fair, at Crystal Palace, London, and 
during that year delivered a series of addresses at Exeter Hall. 
in that city, on the relations of the two countries. The Earl of 



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Edward Payson Darling. 



Shaftesbury presided on these occasions, and the addresses elic- 
ited wide-spread notice and comment in both countries. He 
retired from active practice when but forty years old. He had 
been previously appointed President Judge of the Berks district, 
but his health failing shortly after, he resigned the position, 
though he nevertheless lived to the comparatively advanced age 
of seventy-eight years. He was also a Vice-President of the 
American Sunday School Union from its organization until the 
time of his death. 

Edward Payson's mother was Margaret Vaughan Smith, the 
daughter of John Smith, of Berks county, who was owner of the 
Joanna furnace, in that county, a noted establishment at an early 
day. In 1832 the Joanna furnace was being operated by William 
Darling, and, as appears from a report made to the Auditor 
General of that year, employed one hundred and sixty-eight men. 
The furnace was owned by Mrs. Darling, to whom it descended 
from her father. John Smith was the son of Robert Smith, of 
Chester county, Pa., who was the son of Jolin and Susanna Smith, 
who emigrated from the north of Ireland in 1720, and settled in 
Ujvchlan township, in the county last named. Robert was born 
at sea during the voyage over. He was of the sturdy, plucky, 
and enduring sort who constituted the main reliance of this now 
great country through the troublesome years of its infancy. 

In an article written* by Joseph S. Harris, Esq., and published 
in the Pennsylvania Magazine of History and Biography, we are 
indebted for the following sketch of the Smith family: 

"Little is known of the history of the Smith family prior to 
their emigration to Pennsylvania, except that the family name 
was originally Macdonald, and that the branch of it from which 
Robert was descended formed an important part of the earliest 
Scottish emigration across the North Channel into Ireland in the 
time of James I. of England. Near the end of the seventeenth 
century, Robert Smith's grandfather lived in the northeastern 
part of Ireland. Just before the battle of the Boyne, as the sol- 
dier-king, William III., was personally reconnoitring the locality 
which was soon to become famous, his horse cast a shoe. There 
was, of course, no farrier in attendance to replace it, but Mac- 
donald, in whose neighborhood the accident occurred, and who, 
like many other farmers in thinly peopled districts, volunteered 
to repair the injury, shod the horse, and so enabled the King to 



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Edward Payson Darling. 



proceed. His neighbors, who, like himself, were in sympathy 
with the cause of which William was the champion, dubbed 
Macdonald 'the Smith.* Such a change of name would not now 
be considered a compliment, as Smiths are so numerous that the 
name confers no special distinction, but in that district there was 
a surfeit of Macdonalds; all the possible changes had been rung 
on the name, and still there were hardly enough names to indi- 
vidualize the members of the clan. Smith was a novelty, and 
the branch of tiade it represented has always been an honored 
one, especially in primitive society, and this particular Scotchman, 
proud to have his name linked with that of a great man and a 
decisive battle, as that of Boynewater was soon known to be, 
accepted the cognomen, and handed it down to. his posterity as 
the family name. The Macdonalds held their lands in Ireland 
by tenant right, and while they, with the rest of their country- 
men, were subduing the savage land which they now called 
home, they lived in peaceful obscurity. But when the colonists 
had won for themselves prosperity, that prosperity invited the in- 
terference both of their landlords and of the English government 
Being Presbyterians, they resisted the legislation by which their 
rulers attempted to establish uniformity of ritual throughout the 
island, and when by the Sacrament Test, as it was called, they 
were required to pay tithes to the Established Church; when 
marriages by their own clergymen were declared null, and the 
issue of such marriages illegitimate; when they were forbidden 
to bury their dead by the rites of their own church, or to have 
teachers of their own faith ; when they were debarred from all 
positions of power or trust, and heavily taxed on their produc- 
tions and traffic; and when, in addition to these governmental 
oppressions, the absentee landlord took occasion, as the leases 
expired, greatly to increase the rents, these sturdy colonists, who 
had in one century turned the most desolate part of Ireland into 
a garden, and its most lawless district into an abode of peaceful 
and happy industry, decided again to abandon their homes, and 
to seek others beyond the seas; where, under Penn*s mild and 
beneficent rule, permanent prosperity might be hoped for as the 
reward of honest toil; where they could build houses and reclaim 
land for the benefit of themselves and their children, and where 
they might worship God in the way that their customs and their 
consciences dictated. 

"Such were the causes that led to the Scotch-Irish emigration 
to Pennsylvania in the first half of the eighteenth century, which 
gave to that colony so many of its best citizens. Among the 
first of these emigrants were the parents of Robert Smith — John 
and Susanna — who left their homes in 1720, one year after the 



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Edward Payson Darling. 



enforcement of * The Test,* and whose special grievance was, not 
the raising of the rent of their homestead, but the absolute refusal 
of their landlord to renew their lease unless they would comply 
with the requirements of that hated act. 

**The company was composed, as the beginning of such an 
emigration is apt to be, of the best class of the Scotch settlers ia 
Ireland, men of property and education, many of them being 
clergymen and fine scholars, who, for years afterwards, furnished 
the most eminent teachers of the classical and theological schools 
in the southeastern part of Pennsylvania. 

** Though the voyage was stormy, and unusually long even for 
those days of dull sailors, tradition tells of no losses of life on 
the journey, while there was certainly one life gained, for Robert 
Smith was born at sea. Immediately after landing at Philadel- 
phia, the emigrants pushed westward thirty miles into Chester 
county, and passing by the fertile Great Valley took up lands to 
the northward in the hilly country of Uwchlan township, in a 
locality long known as the Brandywine settlement 

"With her brother John came Mary Smith, who married 
Alexander Fulton, removed to Little Brittain, Lancaster county, 
and to whom in due time was born a grandson, Robert Fulton, 
who has indissolubly linked his name with the history of steam 
navigation. 

" Nothing is remembered of the early life of Robert Smith. 
His father died in 1760, and his mother in 1767; the homestead 
fell to Robert, who prospered there, as wise and diligent men did 
in those days. Sergeant Robert Smith is reported in the public 
records of the time as 'going to Reading to be qualified,' when, 
in 1757, the war between the French and English made the 
Indians restless and aggressive on the whole Pennsylvania border, 
and called out large bodies of militia in that peaceful colony. 
His next appearanee is in the commencement of the Revolution, 
in August, 1775. The colony had but a small navy, and the 
chief reliance for the defense of Philadelphia was on obstructions 
to be placed in the channel of the Delaware river. Numerous 
plans were offered, and after discussing them thoroughly it was 
decided to place a line of chevaux-dc-frise across the channel. 
At the date last mentioned, Robert Smith was thanked by the 
Supreme Executive Council of Pennsylvania for a model of a 
machine for handling chevaux-dc-frise, and was soon after 
directed by the same body to report on the merits of the rival 
plans of Govett and Guion for building them. The next year the 
work was taken up in earnest, and in June, 1776, the Council 
instructed him to take charge of and sink the proposed defenses. 
He remained in charge of these works for nearly a year, during 



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Edward Payson Darling. 5 

which time he was also engaged in planning the land fortifications 
which were included in the same line of defenses. While engaged 
in these military defenses, he was also called to aid in raising the 
civil bulwarks of the State, and sat in the Convention which, on 
the 28th of September, 1776, adopted the first State Constitution 
of Pennsylvania. 

"Robert Smith was at this time a man of considerable means, 
of great enei^y and extensive influence, and when, after the first 
flush of enthusiasm with which the colonists entered upon the 
Revolutionary war had passed away, the necessity of organizing 
and discipling the forces who were to conquer freedom for a con- 
tinent was recognized, he was considered the fittest man to do 
this work for his county, then the second in importance in the 
State, and was accordingly called, on the 12th day of March, 
1777, by the Supreme Executive Council, to the responsible post 
of Lieutenant of Chester county. This office, whose name and 
duties were analogous to those of the King's Lieutenants in the 
counties of the mother country, gave him, with the rank of 
Colonel, the charge of raising, arming, and provisioning the mili- 
tary contingent of his district, and in every way preparing the 
troops to take the field. They remained under his command till 
they were called into active service. 

"The selection proved a wise one. The Scotch-Irish were 
generally of good fighting material, and the circumstances under 
which they had left their old homes made them have no hesita- 
tion in taking up arms against the British government. Colonel 
Smith had had some experience in military affairs and in admin- 
istration, and would no doubt have taken the field, but that he 
was somewhat past the prime of life, and had grown too large 
(weighing over 250 pounds) to undergo the fatigues of service at 
the front. He seems through this period of his life to have been 
somewhat of a pluralist, though it may have been to aid him in 
the discharge of his duties as County Lieutenant that he was 
elected SheriflT of Chester county, March 29, 1777, and appointed 
Justice of the Peace, March 31, 1777. The latter office he held 
for a number of years, and he was re-elected to the former, 
November 21, 1778. In October, 1783, he was one of the two 
persons elected by the people, as the custom then was, for the 
office of Sheriff, but the Governor, in whom was vested the final 
choice, selected William Gibbon, the other candidate. 

"As illustrating the temper of the time, and especially the feel- 
ings of those who were his nearest neighbors, the following inci- 
dent is worthy of note. When in the spring of 1776 Pennsylvania 
was called on for her quota of the troops needed to defend New 
York against the advance of the British under Howe, the Rev. 



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6 Edward Payson Darling. 



John Carmicbael, pastor of the Presbyterian Church of Brandy- 
tvine Manor, preached one Sunday the country's claim to the 
services of her sons with such vigorous eloquence that every 
man of his congregation enlisted, and that summer, while they 
fought the bloody battle of Long Island, women reaped the 
harvests at their homes in Uwchlan. 

"Col. Smith retired from the pK>sition of County Lieutenant, 
March 21, 1786, which he had held for nine most eventful years, 
and from all public offices, except that of a Trustee of the State 
Loan Office, which he retained for about a year after this time. 
He served for one term in the State Assembly in 1785. In the 
latter part of 1787, being then sixty-seven years of age, and no 
longer in robust health, he retired to his farm, twelve years of 
uninterrupted public life having led him to covet the quiet of 
home, and his private aiTairs, which had been so long neglected, 
requiring his attention. 

"His life was prolonged for sixteen years more, till 1803, and 
his death was caused by a paralytic stroke. He is remembered 
as a man of upright and decided character, but of winning man- 
ners, and from having so long been in official positions, so 
respected and confided in by his fellow-citizens, as to be con- 
stantly called on as an adviser in difficulties and an arbitrator in 
disputes. He was a staunch Presbyterian, an Elder, and a pillar 
in the church of which the Rev. John Carmichael was pastor, and 
he brought up his family after the most approved Scotch fashion. 
Reading the scriptures and prayer were an important part of the 
daily routine of the home life, and a large part of each Sunday was 
devoted to the study of the bible and the Westminster catechism. 

" He married, December 20, 1758, Margaret Vaughan, daughter 
of John Vaughan, of Red Lion, Chester county, who survived 
him long, dying in 1822, at the age of eighty-seven. Of their 
children, Jonathan was for many years honorably and prominently 
connected with the First and Second United States Banks, and 
with the Bank of Pennsylvania, as their cashier; Joseph was an 
iron and shipping merchant of Philadelphia, and John (the grand- 
father of the subject of our sketch) was an iron-master, owning 
the Joanna furnace, near the line between Chester and Berks 
counties." 

The late Gen. Persifer F. Smith was a grandson, as was also 
Persifer F. Smith, for so many years reporter for the Supreme 
Court of the State. 

A daughter of Robert Smith married Rev. Levi Bull, D.D,, 
an eminent clergymen of the Episcopal Church, and who was at 
the time of his decease the oldest Episcopal minister in the 



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Edward Payson Darling. 



Diocese of Pennsylvania. He was rector of St. Mary's Church, 
in Chester county, for nearly fifty years. He was a grandson on 
his maternal side of John Hunter, who was a member of the first 
vestry of St Peter's Church, in Great Valley, Chester county. 
Dr. Bull was the son of Col. John Bull, of Revolutionary memory, 
who was one of the twelve members of Philadelphia county that 
met in Provincial Convention in January, 1775, and one of the 
four members that represented Philadelphia county in the Con- 
vention that framed the Constitution of the State, and which was 
adopted the 28th of September, 1776. He was a gentleman of 
considerable eminence in his day, and at one time was the owner 
of the mill and plantation of Charles Norris, where is now the 
present borough of Norristown. 

Out of such ancestry came Edward Payson Darling. He was 
born in Robeson township, Berks county, on November 10, 183 1, 
and was educated at New London Cross Roads Academy and at 
Amherst College, graduating from the latter in 185 1. The New 
London Academy was established by Rev. Dr. Francis Allison 
in 1743. It became justly celebrated, and served to aid in fur- 
nishing the State with able civilians, and the church with well 
qualified ministers. Among those who were wholly or partially 
educated here were Charles Thomson, Secretary of the Conti- 
nental Congress; Dr. John Ewing, Provost of the University of 
Pennsylvania; Dr. David Ramsay, the historian; the celebrated 
Dr. Hugh Williamson, one of the framers of the Constitution of 
the United States and historian of North Carolina, and three 
signers of the Declaration of Independence — Governor Thomas 
McKean, George Read, and James Smith. He read law in 
Reading, and was admitted to the bar there on November 10, 
1853. In 1855 he removed to this city, and on August 13, of 
that year, became a member of the Luzerne bar, at which he 
quickly rose to a foremost position. He has never held nor 
sought political preferment; has, in fact, never taken an active 
hand in politics in any way. In all civil questions, involving 
commercial, real estate, and corporation law, he stands among 
the foremost in his profession, as is attested by two facts: first, 
that he has a larger number of students than any brother lawyer; 
and, second, that he is executor and trustee of many of the largest 



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8 Edward Payson Darling. 

estates in the county. He holds many business positions of great 
responsibility, being a Vice-President of the Wyoming National 
Bank and of the Miners' Savings Bank. He is also a partner in 
the banking house of F. V. Rockafellow & Co. He is one of the 
Directors of the Wilkes-Barre Gas Company, a Trustee of the 
Wilkes-Barre Female Institute, a Trustee of the Wilkes-Barre 
Academy, and a Trustee under the will of the late Isaac S. Oster- 
hout of the " Osterhout Free Library," and was one of the appli- 
cants for the charter recently granted by the State, under which 
the finishing link in the new through line of railroad from Boston 
to Chicago, of which the new North and West Branch forms a 
part, is to be erected. By his associates in all these business 
enterprises and trusts, his clear conception of the law and admir- 
able judgment and tact are highly valued. 

. Mr. Darling married, on September 29th, 1859, Emily H., a 
daughter of Nathaniel Rutter, Esq., of this city, who has borne 
him three children, Mary R. and Emily C, who are now being 
educated in Germany, and Thomas, who is at pt'esent in the 
Freshman class at Yale College. Mrs. Darling died during tht 
last year. 

The bulk of the creditable work of this world is accomplished 
by two very different kinds of men. The one includes the dash- 
ing, quick-witted, never- hesitating, always-to-the-fore kind, for 
whom the obstacles which beset all paths seem to possess a sort 
of fascination, and who go at them instanter, on a full tilt, and 
with a nerve and courage conspicuous to and winning the plaudits 
of all. The others are seldom thought by the masses to possess 
extraordinary talents. But to those who know them intimately, 
in place of quick wit, they present never-erring judgment, and in 
place of mere dash, an industry that never tires. Obstacles cause 
them to hesitate, but only long enough to determine the method 
by which they can be surely surmounted. They don't win 
applause, but they enlist confidence. They are paid, not with 
huzzas, but with trusts. If anywhere a record of what each 
accomplishes is kept, the balance will be found to be largely on 
the latter's side. 

A brother of Edward Payson, Henry Darling, D. D., is now 
the President of Hamilton College, at Clinton, N. Y., a very 



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Plymouth Building Association v. Rood. 



wealthy educational institution, being possessed of property val- 
ued at $7QOSyoo. His first wife was the sister of ex-Judge Strong, 
of the Supreme Court of the United States. He was Moderator 
.of the General Assembly of the Presbyterian Church in 1 88 1. 
Hon. Charles E. Rice and Elliot P. Kisner, Esq., are graduates 
of Hamilton College. J.Vaughan Darling, Esq., of the Luzerne 
county bar, is also a brother. 



^OTrt of Common JMcos of Cujeme Conntg. 



Plymouth Building Association, assigned, v. Rood. 

Bmiidhigastociatiom — Witkdrmwingstockkcldcr— Opening Judgment— Court to weigh the evidence, 

I. On a molioD to open a judgment, where, upon all the testimony, the court would not be justified, 
in the exercise of a sound discretion, in sustaining a verdict for the defendant, the issue ought to 
be refused. 

«, A defendant in a budding association judgment cannot oC-set against the judgment the stocic of 
another assigned to him after the maturity of the loan. 

3. When a borrowing stockholder elects to apply his stock in payment of his loan, the proper course 

is to deduct from the ascertained value of the stock all arrearages chargeable thereon, and to 
credit tfie balance on the judgment. Building Association v. Mangan (ik Luz. Leg. Reg. sSx; 
3 Rulp, 3co) loUowcd. 

4. This computation b to be made as of the date when the stock matured. 

Rule to show cause why judgment should not be opened and 
defendant let into a defense. 

The opinion of the court was delivered May 29, 1882, by 

Rice, P. J. — The first ground of defense suggested is, that the 
defendant did not sign the agreement required by article v. of the 
constitution of the plaintiff association. The defendant swears: 
" I never signed any agreement with the association, that I know 
of, by which they could collect any more than six per cent inter- 
est. . . I don't recollect that I signed any other instruments 
when I signed this note. I won't swear that I did not sign 
others. I don't remember any book or paper of the association 
with writing on the top at the time I signed the note, and if I 
did sign any such thing I didn't know what I was signing." This 
testimony, taken at its very best, is very vague, and, even though 



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lo Plymouth Building Association v. Rood. 



uncontradicted, it would be unsatisfactory. But it is clearly 
overcome by the testimony of Mr. Smith, who swears that he 
signed the defendant's name to the agreement in the general 
stockholders' book by the' defendant's direction, and of Mr. 
Shonk, who testifies positively to the defendant's signature to the 
agreement in the borrowing stockholders* book. The defendant's 
testimony scarcely raises a conflict; certainly not such a conflict 
as ought to be sent to a jury. He simply does not remember a 
fact, which is satisfactorily proved by the plaintiff*'s witnesses. 
Even in case of conflict or discrepancy, it is the duty of the court 
to weigh the testimony, and to exercise a discretion in the grant- 
ing or refusing of an issue. Where, upon all the testimony, the 
court would not be justified, in the exercise of a sound discretion, 
in sustaining a verdict for the defendant, the issue ought to be 
refused. Earley's Appeal, 9 Nor. 321; Hickernell's Appeal, Id^ 
328. It is unnecessary to say that the fact that the defendant did 
not know what he was signing would not, in itself, constitute a 
defense. Greenfield's Estate, 2 H. 496; Pennsylvania Railroad 
Co. V, Shay, i Nor. 198. 

It is suggested in the defendant's testimony that misrepresen- 
tations were made to him at the time he joined the association, 
and also at the time he gave the note, to the effect that, even 
though he should become a borrower, he would still be required 
to pay only one dollar per month on a share. The proof utterly 
fails to make out a defense in this particular. Even if it were an 
undisputed fact that one of the directors made the statement 
alleged, it is evident that the defendant was not in any way 
defrauded thereby. Before he made the loan, he had in his pos^ 
session a copy of the constitution and by-laws, and therefore may 
be presumed to have known their provisions. But aside from 
this presumption, the defendant admits that, at the next monthly 
meeting after the loan had been made, he learned that he would 
be required to pay five dollars per month as interest in addition 
to the five dollars which he had before paid as dues. If he had^ 
in fact, been deceived in this particular, then was the time when 
he ought to have objected to paying the five dollars monthly 
interest; instead of doing which he continued to pay for a long 
period without protest. It is quite possible that the defendant 



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Plymouth Building Association v. Rood. ii 



did not thoroughly understand the nature and workings of the 
scheme in which he embarked, but it would* be impossible to 
conclude from the testimony that he was defrauded. His long 
acquiescence conclusively proves the contrary. 

We are hardly required to say that the stock of A. J. Wilkin-* 
son, assigned to the defendant December 28th, 1881, cannot be 
received as an off-set to this judgment. They have no relation 
to each other in any way, and there is no evidence that the asso- 
ciation has agreed to receive it as payment, nor is there any 
method under the by-laws by which it can be so applied by the 
court against the consent of the plaintiff. On the contrary, the 
effect of such forced application to the payment of this judgment 
would be to overthrow the whole method of withdrawal pre- 
scribed in article vi.of the by-laws, and therefore the prior assignee 
of the judgment has a legal right to object. 

This brings us to the real ground of defense. The defendant 
testifies that between three and four years ago he gave notice by 
letter to Mr. Shonk, who, as he supposed, was attorney for the 
assodation, of his desire to pay up what he owed to the associa* 
tion, and to withdraw therefrom. While it does not positively 
appear that Mr. Shonk was the proper person to whom such 
notice should be given, the reception thereof by him, or by the 
association, is not denied. It does appear, however, from the 
testimony of Mr. Shaffer, the former secretary of the association, 
that the stock of the series to which this defendant belonged 
matured in May, 1878. In other words, this defendant's stock, 
which he was entitled to have applied in payment of his debt, 
then became worth two hundred dollars per share; subject, how- 
ever, to the charge or off-set of the arrearages then existing. 
We infer from the notice to which the defendant testifies, taken 
together with his present application, that there is an election by 
him to have his stock applied in payment of the debt secured by 
this judgment. If, at the maturity of the stock (May, 1878), he 
had not been in arrears, it would have exactly paid the judgment; 
but, being in arrears, the residue only of the value of the istock, 
after the deduction of such arrearages, is to be credited upon the 
judgment. We held in Plymouth Building Association v, Man- 
gan (11 Luz. Leg. Reg. 281; 2 Kulp, 210) that this computation 



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12 Plymouth Building Association v. Rood. 

IS to be made as of the date when the stock matured. We still 
adhere to the posftion there taken, and if, as is claimed by the 
plaintiff, the amount of the arrearages in May, 1878, was ^574.24, 
the strict and logical method of ascertaining the balance due 
upon the judgment would be as follows: 

Amount of loan secured by the judgment, . %\ooo 00 ' 
Par value of stock, May, 1878, . . ^1000 00 

Less arrearages, 574 24 

425 76 



Balance due May, 1878, $ 574 24 



Upon this balance simple interest is to be computed to the 
present time. 

Assuming the computation of the arrearages to be correct, 
there will be no necessity for an issue, provided the plaintiff will 
satisfy the residue of the judgment after the balance now due is 
ascertained in the method above given. If there is any error in 
the above computation it will be corrected uppn immediate appli- 
cation being made. 

And now, May 29th, 1882, upon condition that the plaintiff, 
withm ten days from this date, satisfy all of said judgment over 
and above the arrearages due May, 1878 (^574.24), together with 
interest on said sum from said date and costs, the rule is dis- 
charged; otherwise rule absolute. 

George W. Shonk and J. A. Opp, Esqs., for plaintiff 
H. C. Magee, Esq., for defendant. 



Burglars often make safe robberies. 

Not a pleasant dish — the cold shoulder. 

It was a sudden imp-pulse which made Eve masticate the 
apple. 

"A new way to pay old debts " is to take the cash and pay 
them. 



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SHERIFF'S SALES. 
Abstract of property to be sold by Win. O'Malley,, 
Sheriff of Luzerne county, on Saturday, January i3tn, 
A. D. 1883. at 10 o'clock A. M., at the Arbitration 
room, in the Court House, Wilkes- Barre, who will 
proceed with the different properties in the order in 
which they arc number, to wit : 
X 

Suit of John M. Fairchild and Henry S. Fairchild, 
Administrators of John Fairchild, deceased, v. Daniel 
Moycr, defendant, and Henry Snyder and Samuel 
Snyder, terrc tenants. 

393 April term, 1881. Debt, $787.68. Fi. fa. 30 
January term, 1883. Bennett & Nichols, Att'ys. 

All that tract of land in Dorrance township, begin- 
ning at a post comer of land of Samuel Yohe, thence 
along lands of the same the several courses and dis- 
unccs 90 perches to post and stones, thence 96 perches 
to post and stones, thence alone land in the warrantee 
name of Stephen Fuller 64 perches to a stone corner in 
the warrantee name of Robert Lenox, thence along 
same 23 perches to a post comer of land intended to be 
conveyed to Elias Keener, thence along land of same 
the several courses and distances 13 perches to a post, 
thence 80 perches to a post corner of Adam Moyer's 
land and land of Thomas Moyer, thence along same 
96 perches to the place of beginning, containing S4 
acres and no perches of land, more or less; partly 
improved, and having erected thereon a two-story 
wood dwelling and a bam. 
9 

Suit of the Empire Building and Loan Association 
V. David E. Morris. 

392 January term, 1881. Debt, ^00.00. Fi. fa. 25 
January term, 1883. D. S. Bennet, Att'y. 

All that lot of land on Meade street, city of Wilkes- 
Barre, bounded westerly by land now or late of J. C. 
Wells and G. D. Mor)ian, southerly bv an alley, east- 
erly by land of James Welsh, and northerly by Meade 
street, being 40 feet front on said Meade street, and 
■bout 190 feet in depth : improved, with a double two- 
story frame dwelling house, with basement of stone, 
and double outkitchen attached thereto, together with 
outbuildings and fmit trees thereon. 

3 

Suit of John Howell v. L. H. Evans. 

141 January term, 1883. Debt, $1,500. Fi. fa. 38 
January term, 1883. Ferris, Att'y: 

All that lot of land in the borough of West Pitiston, 
beginning at a comer of Luzerne avenue and Vine 
street, thence along Vine street i6o feet to a comer, 
thence along lands of John Howell 50 feet to a corner, 
thence along said lands 160 feet to a comer, and thence 
along Luzerne avenue so feet to the place of bekinntng. 
containing 8,000 square feet of land, more or less; all 
improved, with a two-story frame dwelling house and 
outDuildings thereon. 

Suit of August Schlingman v. H. C. Gates. 

765 January term, 1878. Debt, $362.02. Al. fi. fa. 

50 January term, 1883. Hahn, Att'y. 
All that piece of land in the city of Wilkes- Barre, 

beginning at a comer 20 feet from the I>ehigh and Sus- 
quehanna Railroad and in the line of the cross street 
called Hanover street, thence 127 feet to a comer, 
thence by land of George Drake 92 feet, thence 25 feet 
to a corner, thence 12*4 feet to a comer of land of Isaac 
E. Ross, thence along said land 150 feet to said Hano- 
ver street, and thence along said street 128 feet to the 
Elace of beginning, containing 14,933 square feel of 
md : all improved, and having erected thereon one 
brick foundry. 

Suit of A. G. Gilmore & Co. v. A. F. Duffy, Admin- 
istrator of the estate of Anthony Duffy, deceased. 
623 October term, 1882. Debt, $442.98. Vend. ex. 

51 January term, 1883. J. T. Lenahan, Att'y. 
AH the following described pieces of lan<l in the 

borough of Plymouth, viz. : 

I. Beginning at a comer on Center avenue and lot 
of S. R. Williams, thence 120 feet to comer of Duffy 
street, thence along Duffy street 122 feet to comer of 
lot oa DuflV street and G. M. Williams' lot, thence! 



I along the same 00 feet to comer, thence along the back 
'end of two lots 60 feet to an allev, thence 55 J^ feet to a 
comer on an alley and lot of Otis Allen's, thence 84 
feet to a corner, thence 105 feet 10 a comer, thence 100 
feet to the place of beginning; the above described lot 
being unsold portion of Dufly's addition to Center ave- 
nue, and above back street on Shawnee avenue ; con- 
taining about three-fourths of an acre; excepting and 
reserving the coal and all other minerals. 

2. Beginning at a comer of lot of Michael Ratchford 
(northeast corner), thence in a northwesterly course 
direct with the northeast line of said Ratchford about 
about 150 feet through the land of W, H. Cool & Co., 
thence along the land of said Cool & Co in a south- 
westeriy direction 82 feet to a corner, thence south- 
easterly in a direct line about 150 feet to a corner on 
said Ratchford land 75 feet from the place of begin- 
ning, thence northcarterly along the same 75 feet to a 
comer, the place of beginning, being 73 feet in front, 
with 82 feet in rear, and about 150 feet in depth, con- 
taining 7,800 square feet of land ; excepting and reserv- 
ing the coal and all other minerals. 

3. Beginning at a comer on Center avenue extension 
and lot of Rosanna Clark, thence along the line of the 
same 100 feet to a corner on land now or formerly of 
Mrs. Mary Levi, thence along the line of said Mrs. 
Levi 50 feet to a corner of lot Warren Hoffman, theiu:e 
along the line of said Hoffman 100 feet to a comer on 
said Center avenue extension, thence along the same 
su feet to a comer, the place of beginning, being 100 
feet deep by 50 feet in width, and containing 5.000 
square feet of surface, with a i V^-story frame dwdlinjr 
thereon ; excepting and reserving the coal and all 
other minerals. 

4. Beginning on back street at a point in line of 
lands of Joseph Sweitzer, thence 50 feet to land of Ira 
Ransom, thence 150 feet to land of Samuel H Shaffer, 
thence 50 feet to lands of said Joseph Sweitzer, thence 
50 feet to the place of beginning, conuining 7,500 
square feet of land ; excepting and reserving all the 

!coal and other minerals. 

6 



Suit of Hancock & Macknight v, Patrick Considine. 

603 October term, 1882. Debt. $506.06. Fi. fa. 45 
J.-inuary term, 1883. McLean & Jack.son, Att'ys. 

All that lot of land in the township of Plains, begin- 
ning at the northeast corner of Union and Mill streeu, 
thence 193 feet along Union street to a comer, thence 
40 feet to brow of bank of Mill Creek, thence along 
brow of bank 144 feet, thence 71 feet to a comer, thence 
125 feet along Mill street to place of beginning, and 
containing in all 13,050 square feet of surface; coal and 
other minerals reserved ; improved, with three 2-story 
frame dwelling hou:>es and outbuildings thereon. 

7 

Suit of Rockwell & Hurl butt v. Richard D Uoyd 
and Ann Lloyd. 

153 January term. 1883. • Debt, real, $87.00. Fi. fa. 
40 January term, 1883. Miller, Att'y. 

All th.^t lot of land in the city of Wilkes- Barre, in 
that part of the city known as Rolling Mill Hill, begin- 
ning at a corner on Hill street adjoining a lot contracted 
to Peter Wallace, thence 118J4 feet to a corner of land 
tof John W. Jones, thence along said Jones' lot 50 feet 
to a comer, thence 123 feet to a comer on Hill str«et 
aforesaid, and thence alon^ the same 50 feet to the 
place of bceinning, containing about 6,000 square feet 
of land ; all improved, with a two-story frame hoiisc 
and outbuildings thereon. 51-1 



WIDOWS' APPRAISEMENTS. 
Notice is hereby given to all persons concerned, 
that widows' appraisements in the following estates 
have been approved nisi by the Orphans' Court of 
Luzerne county, and, unless exceptions are filed, will 
I be presented lor final approval on Monday, the 8tli 
day of January, 1883 : 

i Simon Rcnialcy. George Nansteel, Reuben Kisner. 
William J. McCullough, Ira Sacket, and Martin Mur- 
phy, deceased. 

JOSEPH HENDLER, 
l5«-i Clerk O. C. 



Digitized by VjjOOQIC 



LICENSES. 
Notice is tkcrebr ^veo that the following persons 
have fiied their applications for Ucense to keep hotels 
and reslanrants, and to sell Kqiior by the quart, in the 
efice of the Clerk of the Court of Quarter Sessions of 
llw county of Luaerac, and that said applications will 
be beard oy the court on Monday, January sad, 1883 : 



ASH LEV. 

. Patrick McGovern . 
. Babtist Knglc 



IgK 

ilia 



. . Patrick Gallagher 

BtTTLBR TOWNSHIP. 

. . Dennis O'DonncU . . 
. . Br>-an Martin .... 

BLACK CRKSK TOWNSHIP. 

Lorenz Hossenflug . . 



. Restaurant. 
. By Quart. 

. Hotel. 

. Restaurant. 

. Restaurant. 



. Hotel. 

, Restaurant. 



McGahren. 
Hincs . . . 
J. L. L . . 

BrysoB . . 
German . . 

McManus 

DORKANCB TOWNSHIP. 

Gorman .... Henry Krouse Restaurant. 

rRKRUiftD. 

Hayes A. C. Heincy . . 

** Frederick Haas 

I Lynch - . . Frank Gallagher . 

Hayes Libor Winter 

" John Hearon ** 

•• Alfred Defoy 

•• Frank McShea ** 

•• Cond^' McCoole .... *' 

•* Maunce Ferry By Quart. 

** Lonis Stindier •* 

FOSTBR TOWNSHIP. 

Hayes Hueh & Thomas Elliott . Hotel. 

" William Lorenz .... •* 

Habey .... John Richards " 

Hayes ..... John Ferry Restaurant. 

•* Austin Harvey •* 

" Andrew McGheehan . . " 

•* Anthony Surroan .... By Quart. 

" Condy GaflTney •* 

Halsey .... Philip Kennedy .... " 
.... Peier Timony " 

McManus . . . Condy Brennan .... " 

HAROVEK TOWNSHIP. 

Hakes William Jones Restaurant. 

HOLLSNBACK TOWNSHIP. ' 

. . Paul Grover Hotel. 



Martin 
Goman 



HAZLKTON. 



. . Fred. Kepping . 
. . C. J. Volkenand 



.Hoi 



_ , _ . John Ballentine . . 

Kline Frederick Schaar . . 

Michael McGerrity . . . 

Hahn Frank Orawitz Restaurant. 

Kline Conrad Schugard .... " 



:if 



o'ln l^app (ist) 



ichael Angelo .... " 

... Michasl Kefiv 

Br y s oo .... John Kennedy By Quart. 

K. H.Wright . William J. Feldhoff . . 

Gorman . . . . C. Kellcy 

McManns 



. Thomas McHale .... " 

HAZLB TOWNSHIP. 

. Matthew Long By Quart. 

KINGSTON. 

. Francis Roth By Quart. 

KINGSTON TOWNSHIP. 

. John Moore Hotel. 

. Adam Meisel •* 

icnkias .... Harry A. Laycock ... '* 
. T. L . . . . Patrick Heflfcran .... Restaurant. 
IcL &J . . .I.R.Thomas By Quart. 

Martin Moran " 

NANTICOKB. 

1. Lynch . . . Lewis Hodges . . . 

E. A. L - . . . Mary C. tlfiott . . 

Loop William Williams . 

*• John Krywicki . . . 

Hines ..... Alfred Landy . . . 

Chapin .... Robert Kols worth . 

HBWPORT TOWNSHIP. 

£. A. L . . . . Joseph Underwood . 

PLYMOtJTH. 

J. T. L . . . . Thomas Carter Hotel. 



BrysoD . . 

Reynolds . 

B. &N . . 

McL. & J . 

Jcnkias . . 

T. L . . 

JcL & J . 

J. T. L : . 

Lynch . 
. A. L 



PLTMOirrH TOWNSHIP. 

Magee .... William Alien . . 

Shonk Charles E. Waters 

Andrew Brennan . 



J. L. L 

Hughes 
Mahon 



. Lynch 
fahon . 
Brundage 



k 



. John McGowen 

PITTSTON. 

. M. M. Davis . 

PITISTON TOWNSHIP. 

. George Judge 

PARSONS. 

. John McGavin 
. Stephen Tool in 
. Buchanan & Rhodes 

SUGAR NOTCH. 



Jones IP^^ Elliott 

Peter Boice 



O'Neill 
J. L. L 



. Patrick Rellley . . 

WILKBS-BAKRB. 

O'Neill .... George Ferstenfeld 
Campbell . . . Jacob Stitzer . . 
Coons & Shortz John R. Kennedy 

Moore John H. Kneass . 

McL. & J . . . Robert McCadden 
Robinson . . . George Rcudelhuber 
Cannon .... George Rieder . 



Harding, McG . John Kinney . 
. . Linus " 



Hauman . 
J. T. L . 



,inus Zoellcr 

. Henry Rittenauer 

John Mailender . 

Evans Andrew Hahn . . 

Strauss . . . Nicholas Rose . . 
P., D. & F . . Bryan McManamin 
J. Lynch . . . Jacob Geicr . . . 
J. T. L . . . . Wcndcl Gransen . 

Hahn A. Miller .... 

" George Ru.ss . . . 

McL. & J ... C. A. Gaiighan . . 
•• . . . P. F. Peoples . . 

Strauss .... Lewis Lewith . . 
I.-L. L . . . . William Griffiths . 
McCartney . . Wm. M. Miller 

WRIGHT TOWNSHIP, 

Harding, McG . George Carey 
Hincs John Mackin 



Restauranl. 

By Quart. 

By Quart. 

Restaurant. 

Hotel. 
Restaurant. 
By Quart. 

Hotel. 
Restaurant. 
By Quart. 

Hotel. 



. Hotel. 

. Restaurant. 



. Restaurant. 



Restaurant. 



By Quart. 



Hotel. 
By Quart. 
JAMES R. EHRET, 
Sa-a Clerk Q. S. 

Also the following named persons: 

HAZLBTON. 

McManus . . . Daniel Duffy Restaurant. 

" ... Peter Brady By Quart. 

'• ... Patrick B. Boyle .... " 

PLYMOUTH TOWNSHIP. 

J. Lynch . . . Mary Keating Hotel. 

Shonk Patrick Kelley Restaurant. 

PARSONS. 

O'Neill .... William Lawicr .... Restaurant. 

WILKBS-BARRB. 

Campbell . . . Lewis C. Engle Restaurant.' 

L. K. STRENG, 
1-3 Clerk Q. S. 

ESTATE OF MATTHEW LONGWELL, LATE 
of Franklin township, deceased. 
Letters of administratiun upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

SARAH JANE LONGWELL, 
E. G. BUTLER, Administratrix. 

Attorney. 50-3 

ESTATE OF JAMES C. HOWELLS, LATE OF 
Jeddo, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ELIZABETH HOWELLS, 
GEO. H. TROUTMAN, Administratrix. 

Attorney. 51-4 



Digitized by VjjOOQIC 



ESTATE OF SAMUEL WOLFE, LATE OFl 
Union township, deceased. 1 

Letters of administration upon the above named 
estate having been granted to the undersijpicd, all 
persons having claims against the same will present 
them for payment, and Uiose indebted thereto will 
please make immediate payment to 

BENJAMIN GREGORY, 
5t-5 Administrator. 

ESTATE OF MARTHA E. MOORE, LATE OF 
Wilkes. Barrc, deceased. 
Letters of administrati«m upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment , and those indebted thereto will please 
make immediate payment to 

CALVIN PARSONS. 
52-5 Administrator. 

ESTATE OF DANIEL VAN SCOY, LATE OF 
Kingston township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

HENRY VAN SCOY, 
PALMER, DEWITT & FULLER, Executor. 

51-4 Attorneys. 

ESTATE OF JAMES FLETT. LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

MARGARET FLETT, 
CALVIN WADHAMS, Executrix. 

Attorney. 50-3 

ESTATE OF JOHN LONGWELL, LATE OF 
Franklin township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immediate payment to 

SARAH JANE LONGWELL. 
E. G. BUTLER, Administratrix. 

Attorney. 50-3 

ESTATE OF MILTON SMITH, LATE OF 
Nescopeck township, deceased, 
letters of administration upon the above named 
estate having been granted to the undersiened, all 
persons haviiig claims against the same will present 
th^m for pr^raent, and those indebted thereto will 
please make immediate payment to 

JACOB REDDLER, 
A. R. BRUNDAGE, Administrator. 

Attorney. 48-1 

ESTATE OF WILLIAM MANS, LATE OF 
Hazleton, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

HENRY W. MANS, 
C. W. KLINE, Administrator. 

Attorney. 48-1 

ESTATE OF PATRICK MOYLES, LATE OF 
Laurel Run borough, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JAMES MOYLES, 
58-5 Administrator. 



ESTATE OF EDMUND JAMES. LATE OF 
Lackawanna township, Luzerne (now Lacka> 
wanna) county, decea.sed. Letters of administration 
upon the above named estate having been gramted to 
the undersigned, all persons having claims against the 
same will present them for payment, and those indebted 
thereto will please make immediate payment to 

T. R. HUGHES, Adm'r d. b. n. c. t. a., 
N. TAYLOR, Scranton, Pa. 

Attorney. 52-5 

ESTATES TO BE AUDITED BY THE 
Orphans* Court of Luzerne county. Notice is 
hereby given that accounts have been filed and coo- 
firmed absolutely by the court in the following estates : 

1. Andrew Montanye; Geo. B. Kulp, Trustee; 9th 
January. 1883. 

2. Jonas Buss ; Benjamin Evans and A. G. Brtggs, 
Executors: 9th lanuary, 1883. 

3. Elizabeth Boeger; F.J. Helfrich, Administrator: 
loih January. 1883. 

4. Kiley Nichols; T. R. Martin, Administrator; 
loth January, 1883. 

5. Fanny H. Tilghman ; Charles Morgan and E. S. 
Morgan, Executors: nth January, 188^. 

6. John Breese ; Kosannah Brecse, Administratrix ; 
nth January, 1883. 

7. S. S. Coon; S. Bristol, Administrator; 12th Jan- 
uary, 1883. 

8. Mary McDermott : H. R. Hughes, Administra- 
tor; i2th January, 1883. 

9 J. Pryor Williamson; E. G. Scott and Adolph 
Volgt, Executors: 13th January, 1883. 

10. L. W. Drake : Ario Pardee, Calvin Pardee, and 
Elvira E. Drake, Executors ; 15th January, 1883. 

11. John H Egbertson : Lorinda M. Egbertson, 
Administratrix; isih January, 1881. 

12. Benjamin Nulton ; Elvira N. Nulton, Adminis- 



t6th January, iSBi. 
ip. W.iihan Kochcr; J, v 
16th January, 1883. 



N.iihan Kochcr; J, W. Kochcr, Administrator; 



14. Philip StcKcr; William Kauffman, Executor; 
17th January, 1883. 

15. Alexander Jameson; S. C. Jayne, Administra- 
tor; i7ih January, 1883. 

i6. Andrew Wciskcrger; Gottlieb Schmalz, Execu- 
tor; 18th January, 1883. 

The accounts enumerated and designated in the 
above list will be audited by the court, in the Court 
House, in the Orphans' Court room, during the session 
of court on the days set forth opposite the name of each 
estate, at which time all persons interested shall attend. 
if they sec fit, and present their claims against said 
estate, or forever thereafter be debarred from coming 
in upon said fund. 

JOSEPH HENDLER. 
51-1 Clerk O. C. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made to the Governor of 
Pennsylvania, on the i8th day of January. 1883, under 
the Act of Assembly cf the Commimwealth of Penn- 
sylvania, entitled "An Act to provide for the incorpo- 
ration and regulation of certain corporations, "approved 
April 29th. 1874, and the supplements thereto, tor the 
incorporation of "The Wilkes-Barre Electric Light 
Company," the character and objects of which arc the 
furnishing of light to the public by means of electricity. 

RYMAN & LEWIS. 
5 1 -I Solicitors. 



AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of John Hu^es. will attend to the duties of hb 
appointment, at his office^ on Franklin street, in the 
city of Wilkes-Barre, on Saturday, lanuary 27, 1883, 
at 9 o'clock A. M., at which time ana place all persons 
having claims against said fund are notified to present 
the same, or be debarred from coming in on said fund. 

JOHN T. LE^AHAN. 
51-2 Auditor. 



Digitized by VjjOOQIC 



AUDITOR'S NOTICE. 
Tbe nndenigned, an Auditor, appointed by the 
Court ^ Common rieas of Luzerne county to distnb- 
■te the fund arising from the SheriflT's sale of the real 
estate of Martin Murphy, will attend to the duties of 
bs appointment, at his office, on Franklin street, in 
the dty of Wilkes-Barre, on Saturday, the 6th day of 
Jaonarr, 1883, at 10 o'clock A. M., at which time and 
^ce aU persons having claims against said fund are 
■ocified to present the same, or be forever debarred 
froiB coming in upon said fund. 

WILLIAM S McLEAN, 
$>i Auditor. 



AUDITOR'S NOTICE. 
In Re Partition of the real estate of Francis 
Gricsmer, deceased. The undersigned, an Auditor, 
appointed by the Orphans' Court of Luzerne county 
tD marshal hens and ascertain and report the interests 
of the heir* of said decedent, hereby gives notice that 
be will attend to the duties of his appointment, at his 
offce, 00 Franklin street, Wilkes-Barre, on Friday, 
Juoary 12th, i8S^, at 3 o'clock P. M., at which time 
and i^ce all parties interested must appear, if they 
wish to be heard. 

HENRY W, DUNNING. 
50-1 Auditor. 

AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Picas of Luzerne county to dis' rib- 
ace the proceeds of the Sheriff's sale of the real estate 
of A. I>onop, will attend to the duties of his appoint- 
ment, at his office, in the city of Wilkes-Barre. on 
Tuesday, the 16th d:iy of Januar\', 1883. at 10 o'clock 
A. U., at which time and place all persons interested 
iBo»t present their claims, or else be debarred from 
ooatng in upon »aid fund. 

L. W. DEWITT 
^>-r Auditoi 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporation." approved Apnl 
39, 1874, and the supplements thereto, for the incorpo- 
ration of an intended corporation, to be called " Ihe 
Sugar Notch Coal Company," the character and ob- 
jects of which are the mining, preparing, shipping, 
selling, purchasing, and otherwise dealing in anthracite 
coal, and also the leasing;, purchasing, and holding real 
estate connected therewith. 

E. P. & J. V. DARLING, 
1-3 Solicitors. 

LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 1. May term, 1881, Libel in divorce a vinculo 
matrimonii. Lavina Cooper, by her next friend, Thos. 
G. Williamson, v. Chas. Cooper. To Chas. Cooper — 
Please take notice that the court has granted a rule on 
you to show cause why a divorce a vinculo matrimonii 
shall not be made and entered in fiavor of the libellant, 
service of the subpoena having failed on account of 
your absence. Returnable on Saturday, January 13, 
1883, ai 'o o'clock A. M. 

G. M. HARDING. 

JOHN McGAHREN, 
1-2 Solicitors. 



N 



ESTATE OF HENRY SCHAEFER, LATE OF 
Hadeton, deceased. 
Letters of administration upon the above named 
ttcatc having been granted to the undersigned, all per- 
>ij«s baring claims against the same will present them 
fcr payment, and those indebted thereto will pleasr 
^ftke immediate payment to 

WILLIAM SCHAEFER, 
J. A. GORMAN, Administrator. 

Attorney. 1-6 



OTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Jacob Meyer, 
and that said license will be asked for in the court 
aforesaid, on Monday, January 22(1, 1883, at 10 A. M. 

JAMES L. I. EN AH AN, 
52-1 Solicitor. 

NOTICE IS HEREBY GIVEN IHAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Samuel Silver- 
man, and that said license will be asked for in the court 
aforesaid, on Monday, January 22d, 1883, at 10 A. M. 

JOHN T. LENAHAN, 
1-2 Solicitor. 



N 



ESTATE OF W. H. SPERRING, LATE OF ''^ 
Wnkcs-Barre, deceased. | - 

Letters tcMamentary upon the above named estate' 
iavi!^ been granted to the undersigned, all persons; 
baviB^ claims against the s^imc will present them duly 1 
i3theQtic3Ued for payment, and those indebted thereto i 
will pteasc rdake payment to ! 

THOMAS SPERRING, ' 

BENNETT & NICHOLS, Executor. 

Attorneys. 1-6 



OTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Simon Silver- 
man, and that said license will be asked for in the court 
aforesaid, on Monday, January 22d, 1883, at 10 A. M. 
JOHN T. LENAHAN, 

Solicitor. 



1 



ESTATE OF THOMAS HUTCHINS, LATE OF, 
Kingston township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
SMs havini; claims against the same will present them 
lor payment, and those indebted thereto will please, 
■ake icunediate payment to \ 

R. H. WEIR, I 

R. H. HUTCHINS, 
McLEAN A JACKSON. Administrators. | 

Attorneys. 52-5 



CHAS. I). FOSTER, 

Attorney at Law, 

Wilkes-Bakhh, Fa. 

W. S. PARSONS, 

Alderman, 

Makkbt Strbkt, Wilkks-Barrk, Pa. 

McLEAN & JACKSON, 

Attorneys at Law, 

Wilkrs-Barrh, Pa. 

CALVIN WADHAMS, 

Attorney at Law and Notary Publk , 

Wilkes-Barre, Pa. 



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The Luzerne Legal Register. 

Vol. XII. Friday, January 12, 1883. No. 2. 

Court of dommon pUoa of Cujertie (Jlountj. 
Enterprise Building and Loan Association v, Griffith. 

Prttctice-^Striking off judgment — Fortn of issue. 

t. When a defendant alleges that his signature to an amicable revival of a judgment was a forgery, 
or was obtained by folse and fraudulent representations as to the nature of the instrument, and 
obtains a rule to strike off the judgment, the proper practice is to frame a special issue to try the 
disputed questions of fact, and in the meaatime to allow the rule to stand over. 

a. The original judgment, of which this was a revival, was entered in the Mayor's Court of Scranton : 
Heldf that any defense to that judgment must be made in the Common Pleas of Lackawanna.. 

Rule to show cause why judgment shall not be stricken off. 
The opinion of the court was delivered January 16, 1882, by 

Rice, P. J. — If there is any equitable or legal defense to this 
judgment, aside from the alleged fraud or forgery connected with 
the execution of the amicable revival, it should be shown on 
motion to open the original judgment, and that motion must be 
made in the courts of Lackawanna county. The defendant 
alleges that his signature to the amicable revival entered on our 
records is a forgery, or was obtained by false and fraudulent 
representations as to the nature of the instrument. These ques- 
tions of fact must be referred to a jury, the allegations not being 
admitted by the plaintiff Until these facts are determined by a 
jury, this rule will stand over. 

And now, January 16, 1882, an issue is awarded between the 
parties to determine the questions of fact: ist. Whether or not 
the signature of the defendant to the amicable revival is a forgery. 
2d. Whether or not it was procured by false and fraudulent 
representations of the nature and contents of the instrument. 
Issue to be framed by counsel and submitted to the court. 

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14 RlTfENHOUSE V. CrEASY. 



(Jlourt of dommon |Jlea0 of Cujerne (loimtg. 



RiTTENHOUSE et al. V. Creasy et aL 

School hcuie site — Act o/A/riiQtk, 756/, P. L ji — Discretion of directors in selecting^— Pozo^r qf 
court to inter/ere by injunction— Eminent domain. 

Land was conveyed to certain persons as trustees " for ail German and English societies, MethodUt 
only excepted, for the only proper use and benefit for said societies for school and worship for 
every religion and denomination, Methodists only excepted." The school directors of the town- 
ship having appropriated a part of the lot for a school house site, the trustees filed a bill and 
asked for an injunction to restrain them from occupying it • Held, — 

1. The necessity for the erection of the new school house, and the eligibility of the site selected, rest 

in the discretion of the directors. 

2. An implication that they deemed the site eligible, and the selection thereof expedient, as against 

all others, would arise from their action on the subject. They need not record their motives 
when they have jurisdiction to act. 

3. An averment that the district was already the owner of a lot in the vicinity ample for the purpose 

required would not sustain a bill by the trustees. Whether it would sustain a taxpayers* bill, 
not decided. In either case, if the fact were in doubt, the court would refiise a preliminary 
injunction. 

4. The discretion having been vested in the directors, the question for the court is, whether they 

have proceeded contrary to law, or transcended their powers. 

5. This IS a use for which land may be taken compulsorily under the right of eminent domain. 

6. Land held in trust as this was is private property, and may be taken in the exercise of this risht. 

7. It is not made a condition to the exercise of this right by the directors that they have been unable 

to obtain any other site by agreement with the owners of the land. 

Motion to continue preliminary injunction. 

The opinion of the court was delivered September 9, 1882, by 

Rice, P. J. — The defendants, with the exception of George 
Nagle, constitute the board of directors of the schools of Black 
Creek township, and as such have appropriated and marked off a 
half acre of land for the purpose of erecting thereon a school 
house. The land, of which it constitutes a part, was conveyed 
in 1 8 19 to the predecessors of the plaintiff trustees upon the fol- 
lowing trust: **To have and to hold the said described lot unto 
the said George Dresher and Cornelius Rittenhouse. trustees, 
appointed for all German and English societies, Methodist only 
excepted, for the only proper use and benefit for the said German 
and English societies for school and worship for every religion 
and denomination, Methodists only excepted.'* 



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RiTTENHOUSE V. CrEASY. 1 5 



We are asked to restrain the defendants by injunction from 
proceeding with the erection of the school house thereon, for the 
reason, as alleged in the bill, "that there is no public necessity 
for taking any portion of said premises for the uses of said school 
district; that within some fifteen hundred feet thereof said school 
district owns a lot ample for such proposed building, and other 
lots in the immediate vicinity of above described premises can be 
readily obtained by said board, but no attempt has been made to 
procure the same." 

The defendants claim to be acting under authority of the act 
of April 9, 1867 (P. L. 51), which empowers them to enter upon 
and occupy ground for the purpose aforesaid whenever they 
"shall be unable to procure such eligible sites for the erection of 
school houses as they may deem expedient by agreement with 
the owner or owners of the land." 

The language of the statute is very plain, and cannot well be 
misconstrued. When a necessity for the erection of a school 
house has arisen, the directors are authorized and dii-ected to 
exercise their discretion in the selection of an eligible site. Hav- 
ing made the selection which they deem expedient, they are to 
agree therefor with the owner of the land; but having failed to 
agree with him, they are authorized to mark off the quantity 
required, not exceeding an acre, and then to enter upon and 
occupy the same for the purposes required. 

Now, it is not asserted here that a necessity has not arisen for 
the erection of a new school house; and, indeed, we do not think 
that the present plaintiffs, in the capacity in which they come into 
court, could raise that question. This fact, then, is to be pre- 
sumed. Neither is it alleged that the selection of this particular 
site was not necessary and expedient in the judgment and discre- 
tion of the board of directors regularly exercised. On the con- 
trary, their action appears to have been taken in pursuance of a 
resolution, and the defendants assert in their affidavits that the 
selection was made by them, "after mature consideration, as the 
most eligible situation, . . . and not arbitrarily, or with any 
desire to injure the plaintiffs." Even in the absence of this 
express declaration, an implication that they deemed the site 
eligible, and the selection thereof expedient, as against all others. 



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1 6 RiTTENHOUSE V, CrEASY. 



would arise from their action on the subject, inasmuch as they 
can act only in such a case. They need not record their motives 
when they have jurisdiction to act. 2 Dill. Mun. Corp. 466 (2d 
ed.) An attempt to agree with the owner must be made before 
taking the land compulsorily. It is not asserted that the direc- 
tors proceeded without first having made such effort; nor is the 
motion for injunction put upon this ground. We may say in 
passing, however, that there being no such averment, this pre- 
requisite, for the purposes of the present contention, may fairly 
be implied from the affidavit of the defendants as to the attempted 
negotiations with Mr. Schleicher. 

In what respect, then, does it appear that the defendants have 
proceeded contrary to law? The chief ground of objection urged 
against their action is, that the selection of this particular site 
was not necessary, was inexpedient, and was an unreasonable 
exercise of discretion, which a court of equity ought to restrain. 
It is urged that such equitable interference would be justified by 
the alleged fact that the district is already the owner of a lot in 
the vicinity ample for the purpose required. We are not satis- 
fied that, even if this fact were conceded, it would constitute an 
equity upon which this bill, in its present form, could be sus- 
tained. Whether it would sustain a taxpayers' bill, we need not 
decide, for the reason that it does not appear that the plaintiffs 
seek to interfere in that capacity. But beyond that, the fact is 
not conceded. The defendants' affidavits assert that the lot 
referred to is much too small for the requirements of the district, 
and thus the averment of the bill, if not overthrown, is at least 
counterbalanced, and the fact itself is left in doubt. This of 
Itself would be sufficient to prevent the court from interfering. 
"To warrant interference by injunction with the exercise by the 
defendants of powers and discretion specially entrusted to them 
by the Legislature, the case should be clear from doubt" Ford 
V. West Pittston, 6 Luz. Leg. Reg. 54. 

In the next place, it is claimed that the taking of this land will 
seriously interfere with the trusts for which it was set apart by 
the original donor; that it will be needed for church and burial 
purposes; and that other equally eligible sites could have been 
procured, the taking of which would have caused less inconveni- 



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RiTTENHOUSE V. CrEASY. 1/ 



ence and hardship to the owners of the land. Whether the 
directors have acted wisely in the selection of this particular site, 
we shall not attempt to decide. They, and not the court, con- 
stitute the tribunal in which the Legislature has vested the 
discretion of selection. The court may decide whether their 
proceedings are contrary to law, but when a chancellor under- 
takes to pass upon the wisdom of their acts, he enters a domain 
through which there can be no guide but individual judgment. 
Many of the considerations which have been called to the atten- 
tion of the court might well have been urged upon the directors, 
and deserved from them the most careful attention ; but forcible 
as these arguments may seem to us, we cannot say that the 
directors acted contrary to law in disregarding them. In other 
words, their decision is final and conclusive, and if we assume in 
one case of apparent hardship to set it aside because our judg- 
ment may differ from theirs, then we constitute ourselves a 
tribunal of appeal, before which every case may be brought. 
For this we can find no authority. This supreme right of eminent 
domain, easy to understand in the abstract, but often difficult to 
submit to in the particular case, has been vested by the Legisla- 
ture in the directors, and with them must rest the responsibility 
for all errors of judgment in its exercise. 

The question for the court is, have they proceeded contrary to 
law, or transcended their powers ? Confining ourselves closely 
to this question, it is to be observed that, in the exercise of this 
right in the method prescribed by law, the directors, in deciding 
the question of expediency as between two or more sites, are not 
confined by the statute in their selection to that one which will 
cause the least inconvenience and hardship to private parties. 
The right of eminent domain involves in its very existence the 
possible suffering of private inconvenience for the public good, and 
this \s a public use, for which land may be taken compulsorily. 
Long V. Fuller, i8 Sm. 170. This land, although set apart by 
the donor for the use of a considerable portion of the public for 
religious and educational purposes, is, nevertheless, private prop- 
erty, and is not, by reason of the trust, exempted, either in the 
organic or statute law, from liability to be taken in the exercise 
of this right, even though the appropriation thereof for a public 



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1 8 RiTTENHOUSE V, CrEASY. 

use might defeat the trust We do not say that the taking of 
such property, as, for example, a church burial ground in actual 
use, or enclosed as such, might not be accompanied by such 
circumstances as to indicate beyond doubt a gross abuse of dis- 
cretion which a court of equity would restrain. But such an 
extreme case is not presented here. The taking of the proposed 
ground will not defeat the trust for which the whole land was 
set apart by the donor. The burial ground as in use and now 
enclosed will not be disturbed, and the use of the church for 
religious purposes will not be prevented. 

Again, it is not, as would seem to be suggested by the bill, 
made a condition to the exercise of this right by the directors 
that they have been unable to obtain any other site by agreement 
with the owners of the land ; neither does the law require them 
to surrender the convictions of their own judgment upon the 
matter to the wishes or judgment of even a large majority of the 
taxpayers or patrons of the schools. All these are proper matters 
for them to take into consideration in making their decision, but 
in not permitting them to outweigh other considerations which 
may operate upon their judgment, we cannot say that they have 
clearly abused their discretionary powers, or have proceeded 
contrary to law. Ford v. West Pittston. supra; i Dillon, 58. 

We can readily understand and appreciate the sentiments which 
have incited this opposition to the action of the directors, and 
while we feel constrained to decide that their action, so far as 
now appears, has not been in excess of their powers, nor contrary 
to law, and is therefore beyond our control, yet we may suggest 
to the defendants, acting as they do in a public capacity, the wis- 
dom of carefully considering whether the requirements of the 
district cannot be met without doing violence to the justifiable 
wishes and sentiments of so large a portion of the community. 

The motion to continue the preliminary injunction is denied. 

Geo. R. Bedford and A. R. Brundage, Esqs., for plaintiffs. 
G. H. Troutman and A. Farnham, Esqs., for defendants. 



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NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporation." approved Apnl 
29, 1874, and the supplements thereto, for the incorpo- 
ration of an intended corjMjration, to be called '' 1 he 
'Sugar Notch Co;il Company," the character and ob- 
jects of which are the mining, preparing, shipping, 
selling, purchasing, and otherwise dealing in anthracite 
coal, and also the leasinj^, purchasing. and holding real 
estate connected therewith. 

E. P. & J. V. DARLING. 
1-3 Solicitors. 

LUZERNE COUNTY, ss; 
In the Court of Common Pleas of said county. 
I No. I, May term, 1881. Libel in divorce a vinculo 
' matrimonii. Lavina Cooper, by her next friend, Thos. 
iG. Williamson, v. Chas. Cooper. To Chas. Cooper — 
Please take notice that the court has granted a rule on 
you to show cause why a divorce a vinculo matrimonii 
shall not be made and entered in favor of the libellant, 
service of the subpoena having failed on account ot 
your absence. Returnable on Saturday, January 13, 
1883. at 10 o'clock A. M. 

G. M. HARDING, 
JOHN McGAHREN, 
i-a Solicitors. 







LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
JNo. 106, November term, 1882. Libel in divorce a 
vinculo matrimonii. James Henderson v. Catharine 
Henderson. The alias subpoena in the above case 
I having been returned non est inventus, you, the said 
(Catharine Hendeison,are hereby notifiecf to appear «t 
said court, on Monday, February 5, 1883, at 10 o'clock 
A. M., to answer the complaint therein filed. 

WILLIAM O'MALLEV, 
ALFRED DARTE.Jr., SheriflF. 

Solici 



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2-5 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 63, November term, 1882. Libel in divorce a 
vinculo matrimonii. Sarah Ann Elliot, by her next 
friend, Elizabeth Holdsworth, v. James ^liot. The 
alias subpoena in the above case having been returned 
non est inventus, you, the said James Elliot, are hereby 
notified to appear at said court, on Monday, the 5th 
day of February, 1883, at 10 o'clock A. M., to answer 
the complaint therein filed. 

WILLIAM O'MALLEY, 
ALFRED DARTE.Jr., Sheriff. 

Solicii 



Solicitor. 



2-5 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 775, October term, 1882. Libel in divorce a vinculo 
matrimonii. Matthew Harrison v. Margaret Harrison. 
The alias subpoena in the above case having been re- 
turned non est inventus, you, the said Margaret Harri- 
son, are hereby notified to appear at said court, on 
Monday, the 5th day of Feoruary, 1883, at 10 o'clock 
A. M., to answer the complaint tnerein filed. 

WILLIAM O'MALLEY, 
F. C. MOSIER. SheriflF. 

Solicitor. 2-5 



AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of John Hughes, will attend to the duties of his 
appointment, at his office, on Franklin street, in the 
city of Wilkes-Barre, on Saturday, January 27, 1883, 
at 9 o'clock A. M.^ at which time and place all persons 
having claims against said fund arc notified to present 
the same, or be debarred from coming in on said fund. 

JOHN T. LENAHAN 
51-2 Auditor. 

7 



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PARTITION NOTICE. Y^RPHANS' COURT SALE. 

In the matter of the partition of the real estate , \^ Estate of Abigail Barney, deceased. By virtue 
of Ann P. Evans, late of the borough of Berwick, of an order of the Orphans' Court of Luzerne county, 
Columbia county, Pennsylvania, deceased. |the undersigned will sell at public auction, at the Arbi- 

Now, January 8th, 1883, inquest awarded as prayed 1 tration room, in the Court House, at Wilko-Barre, 00 
for; returnable first day of next term, at two o'clock ! Wednesday , the 7th of February, 1883, at 10 o'clock 
P. M. Service of notice on non-residents of the State] A. M., all the following tract of land in Jackson town- 
shall be published in one newspaper published in the ship, being parts of lots Nos. 47, 49, and 51, in the first 
city of Wilkes- Barre for three successive weeks, and a I tier of the fifth division of lots in Jackson township, 
copy of each mailed to last known residence, and in beginning where the road leading from Henry Boone s 
Luz. Leg. Register for same time. By the Court. |intersects the main road, thence along the middle of 

To Mary Miller, nee Evans, and Sarah Miller, nee^the main road 42 perches toa comer, thence 41 perches 
Evans, residing at Washington City, D. C. ; Julia | to the line of lots Nos. ^9 and 51, thence 19 perdies to 
Kates, nee Smith, residing at Philadelphia, Pa. ; Tuliaia corner, thence 20 perches, thence 41 perches to the 
Dodson, a minor, having Dr. Henry L. Freas, of the, line of lots Nos. 49 and 51. thence 44 perches to a cor- 
borou^h of Berwick. Columbia county. Pa., is her |ner, thence to a comer, thence along the road 19 3-10 
guardian, and all other parties interested — You will perches to a corner, thence 9 perches to a comer, 
please take notice that in pursuance of the above order | thence 13 perches to a comer, thence 14 3-zo perches 
of the Orphans' Court of said county J a writ of partition to the road, thence along the road to the beginning, 
has issued from said court to the Sheriff of Luzerne containing 31 acres and 53 perches ; all improved, wiu 
county, retumable on Monday, February 5th, 1883, at'an old log and frame dwelling house, wooden bam, 
2 o'clock P. M., and that the inquest will meet for the 1 other outbuildings, orchard, and other improvements 
purpose of making partition on Friday, February 2d, 'thereon. 

i88q, at 12 o'clock M. of said day, upon the premises,! Tbrms of Sal« — One-third down, 50 per cent of 
in the borough of Shickshinny, Luzerne county. Pa., t balance on confirmation of sale and delivery of deed, 
at which time and place you ca'i be present, if you see and the balance, with interest from confirmation, a;^ 
proper. I follows: one-half^ In six months and one-half in one 

The premises in question are described as follows: year from date of sale; unpaid balance to draw interest 
A ceruin me^uage and tract of land situate in Shick-'and be secured by bond and mortgase on the premises. 
shinny. Pa., bounded on the north by land of John M. I C. W. BOONE, 

Stackhouse.onthesouth bylandof N. B.Crary,on the! H B PAYNE, Adm'r c. t. 1 



east by the Lackawanna and Bloomsburg Railroad, on 
the west by Main street in said Shickshinny, being 50 
feet on Main street, and 180 feet in depth. 

WILLIAM O'MALLEY 
C. B. JACKSON, Sheriff. 



Attorney. a-4 



ORPHANS' COURT SALE. 
Estate of John A. Harmon, deceased. By virti 
of an alias order of the Orphans' Court of Luzer 



Attorney. ^ ^ ^ 2-4 county, the undersigned will sell at public sale, at the 

~ I front door of the old homestead house, in the township 

ORPHANS' COURT SALE. |of Salem, on Tuesday, February 6, 1883, at 2 o'clock 

Estate of Barnard Sharkey, deceased. By virtue. P. M., the following real estate, being purpart No. x, 
of an order of the Orphans' Court of Luzerne county,' in the township of Salem, beginning at a heapof ston«ft 
the undersigned will sell at public auction, at the Town 1 at the southwest comer of said tract, and from thence 
Hall, in West Pittston, on Saturday, the 3d day of 247 perches to a stone comer, thence 104 perches and 
February, 1883, at 2 o'clock P. M., the following real' 18 links to a stone comer, thence 246 percties and n 
estate, to wit : ! links to a stone comer, tnence iii perches and 5 links 

I. All that lot of land in West Pittston, beginning atlto the place of beginning, containing 149 acres and 64 
a comer of Luzerne avenue and Warren street, running perches; excepting a small strip of land heretofore 
thence along Warren street 125 feet to a corner, thence I given for road purposes ; about 49 acres being improv« 
at right angles to Warren street 80 feet to a comer, cd, with good timber on the same; and the Inlanoe, 
thence at right angles to Luzerne avenue 123 feet to a I or 100 acres, improved, with the following building 
comer on Luzerne avenue, thence by said avenue 80 j thereon: one 2^-story dwelling house, one x ^-story- 
feet to the beginning, containing 10,000 square feet of I house, one bam, and one other bam with shed attached, 
1-^^ . .,11 i,^^,^,^A «.:*k « t^.^ -»^ — u^^u A — 11: — Que wagon house, com crib, and other outbuildings, 

with two good apple orchards thereon and other fruit 
trees. 
Terms op Sale — One-fourth cash on day of sale^ 



land; all improved, with a two-story brick dwelling 
house, with mansard roof, and outbuildings thereon. 
2. All that lot of land in West Pittston. beginning at 

a comer on an alley 125 feet distant from Warren ~. , — , 

street, thence parallel to Warren street by other land one-fourth on confirmation of sale, one-fourth in six 
of Barnard Sharkey, deceased, 50 feet, thence parallel 
to the said alley and along lana of Mrs. John Hughes 



months, and the balance in one year, with interest oo 
all unpaid sums from confirmation of sale to the lime 
of payment, and all deferred payment to be secured by 
bond and mortgage on the premises. 

HENRY HARMON, 
SOLOMON HARMON, 
OSBORNE & ESPY, Administrators. 

Atlomeys. a-4 

/^RPHANS' COURT SALE. 



60 feet to a comer, thence at right angles to said alley 
50 feet to a comer on said alley, thence along said alley 
60 feet to the beginning, containing 3,000 square feet 
of land ; all improved. 

3. All that lot of land in West Pittston, beginning at 
a comer on line of lands of Mrs. John Hughes 125 feet 
distant from Luzeme avenue, thence parallel to said 
Luzerne avenue 45 feet to a comer of first described 

lot, thence by same 5 feet to a corner, thence parallel V^ Estate of Ephraim R. Kittle, dec'd. By virtue 
to Luzeme avenue 40 feet to a comer 5 feet distant, of an order of the Orphans' Court of lexeme county, 
from land of Mrs. John Hughes, thence 5s feet to a there will be exposed to public sale, on Friday, Fcb- 
comer of second described lot, thence by the same Simary 2, 1883, at 10 o'clock A. M., on the premises, in 
feet to a comer on line of Mrs. John Hughes', thence Lehman township, all that piece of land in Lehman 
by land of Mrs. John Hughes 60 feet to place of begiu-| township, bounded on the east by land of Isaac Cra^e, 
nm^; all improved. lon the north by lands of Georae Cease and Josiah 

Ibrms of Sale— One-fourth down, one-third of (Cease, on the west by lands of George Cease, Josiah 
balance on confirmation of sale and delivery of deed, j Cease, and William Pollock, and on the south by the 
and the balance, with interest from confirmation of^ township line, containing about 200 acres of (and ; 
sale, as follows : one-half in six months and one-half about 50 acres thereof improved, with one frame dwd- 
in one year from date of sale ; unpaid balance to drawl ling house and one frame bam thereon, 
interest and be secured by bond and mortgage on the. Terms of Sale— I500 down on day of sale, and bsl- 
premises. lance on confirmation of sale and delivery of deed. 

CHARLES H. FOSTER, , WILLIAM E, KYTTLE, 

H.B.PAYNE, Administrator. I M.CANNON, AdmhUstrator d. b. n. 

Attomey. 2-4' Attorney. 9-4 

8 



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ORPHANS' COURT SALE. 
Estate of Michael Miller, deceased. By virtue 
ci an order of the Orphans' Court of Luzerne county, 
die oodersigned will sell at public sale, on the premises, 
inCoaynsham to%mship, on Fridar, February 2, 1883, 
at 3 o'clock P. M., all that lot of land in Conyngham 
township, boonded on the north by land of Daniel 
Ciagle, on the south by land of John Andrews, on the 
east by land of Abram Andrews, on the west by land 
1^ Reuben Andrews, containing 54 acres, more or les*. ; 
cxceptiog and reserving, however, out of the same one 
acre and eight perches, sold to Adam Rockel by said 
Michael Miller and wife. 

Tbkms of Salb — faoo down, 25 per cent of balance 
OS confirmation of sale and ddiver^ of deed, and the 
balance, with interest from confirmation, one vear from 
day <A sale : deferred payments to be secured by bond 
and mortz^ze on the premises. 

REUBEN NAGLE, 

H. B. PAYNE, Administrator. 

Attorney. a-4 



ORPHANS' COURT SALE. 
Estate of lliomas Benedict, deceased. In Re 
Panibon of Real Estate. By virtue of an order ot the 
Ofphans' Gourt of Luzerne countjr, the undersigned, 
a Trustee appointed to make sale in said estate, will 
sdl at public auction, at the Arbitration room, in the 
Coort House, in the city of Wilkes*Barre, on Wednes- 
day, February 7, 1883, at 10 o'clock A, M., the follow- 
iag real estate, to wit : 

c. AB that piece of land in Pittston borough, begin- 
ning at a comer on Cornelia street, thence 124 feet to 
comer ot purpart No. a, thence at ri^ht angles to first 
fine about zoo feet to comer in back line of lot, thence 
43 feet to comer, thence 138 feet to place of beginning ; 
au OBproved, with a two-story dwelling house thereon. 

a. All that piece of land in Pittston borough, begin- 
tdag at a comer on Cornelia street and of purpart No. i , 
thence by said street 63 feet, thence 105 feet, thence 38 
feet to corner ol purpart No. i, thence about too feet 
to the beginning : all improved, with a two-story wood 
dweilii^ bouse thereon. 

3. All that piece of land in Pittston borough, begin- 
ning at comer on Cornelia street, thence by said street 
uo teet to a comer, thence 67 feet to a corner, thence 
sa6 feet to a comer, thence 6»^ feet to the beginning ; 
afi iaspfoved, with a two-story wood dwelling house 
theteoe. 

4. Ail that piece of land in Pittston borough, b^in- 
wimg at a comer on Cornelia street, thence 60 feet to a 
comer, tboBce 150 feet to a corner, thence 66 feet to a 
COTBer, thence 150 feet to the beginning ; all improved, 
with a two-story frame dwelling house thereon. 

Tnucs OF SAiM—$aoo down, one-fourth of balance 
is six months from day of confirmation, and balance in 
one year fhmi confirmation of sale ; deferred payments 
to (haw interest, and secured by bond and mortgage 
eaihe premises. 

CHARLES PUGH, 
H. a PAYNE. Trustee. 

Attorney. 3-4 



ESTATE OF EDMUND GRIMES, LATE OF 
Plymouth, deceased, 
fritters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
th.:m for payment, and those indebted thereto will 
please make immediate payment to 

DAVID GRIMES, 
GEO. W. SHONK, Adminbtrator. 

Attorney. a-7 

ESTATE OF EPHRAIM R. KITTLE, LATE 
of Ross township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per* 
sons having claims against the same will present them 
for payment, and those indebted thereto will pleaso 
make immediate payment to 

WILLIAM E. KITTLE, 
M. CANNON, Administrator d.b.n 

Attorney. 3-7- 

ESTATE OF JOHN BEHEE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
, payment, and those indebted thereto will please make 
immediate payment to 

MERCY B. BEHEE, 
L. D, SHOEMAKER, Executrix. 

Attorney. a-y 



ESTATE OF HIRAM GEORGE, LATE OF 
Nanticoke, deceased. 
Lecteis of administiation upon the above named 
cRate having been granted to the undersigned, all per- 
KMs having claims against the same will present them 
fcr parent, and those indebted thereto will pl^ise 
■take immediatf payment to 

AMANDA GEORGE. 
F. C STURGES, Administratrix. 

Attorney. 3-71 

ESTATE OF JANE MYERS, LATE OF 
Ki^ston, decMsed. 
Letters of administration upon the above named 
ctfatc having been granted to the undersigned, all per- 
HKB having claims against the same will present them 
far ponrment, and those indebted thereto will please 
Kake hDne<uaKe payment to 

D. S. BENNET, 
a-7 Administrator. 



ESTATE OF CHARLES PIKE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims agsunst the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

BELINDA A. PIKE, 
A. DARTE, Jr., Administratrix. 

Attorney. a-7 

ESTATE OF CORNELIUS DOUGHERTY, 
late of Ashley, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per* 
sons having claims against the same will present them 
for pavmcnt, and those indebted thereto will please 
make Immediate payment to 

ELLEN A. CARLE, 
2-7 Administratrix. 

ESTATE OF JULIA M. TITCOMB, LATE 
of Ashley, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

W. B. HARROWER, 
2-7 Administrator. 



ESTATE OF W. H. SPERRING, LATE OF 
Wilkes-Barre, deceased. 
Letters, testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereo> 
will please make payment to 

THOMAS SPERRING, 
BENNETT & NICHOLS, Executor. 

Attorneys. i-5 



ESTATE OF HENRY SCHAEFER, LATE OP 
Hazleton, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

WILUAM SCHAEFER, 
J. A. GORMAN, Administrator. 

Attorney. «-# 



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T ICENSES. 

LJ Notice is hereby given <hal the following persons 
have filed their applications for license to keep hotels 
and restaurants, and to sell liquor by the quart, in the 
office of the Clerk of the Court of (Quarter Sessions of 
the county of Luzerne, and that said applications will 
be heard by the court on Monday, January sad, 1883 : 



ASHLEY. 

McGahren . . . Patrick McGovem 

Hines Babtist Engle . . 

J. L. L -^ .---?•. - 



Bryson . 
Gorman . 

McManus 

Gorman . 



. Patrick Gallagher . . 

BirrLBK TOWNSHIP. 

. . Dennis O'Donnell . . 
. . Bryan Martin .... 

BLACK CREEK TOWNSHIP. 

Lorenz Hossenflug . . 

DORKANCE TOWNSHIP. 

. . Henry Krouse .... 



. Restaurant. 
. By Quart. 

Hotel. 
, Restaurant. 

, Restaurant. 

. Restaurant. 

FREELAND. 

Hayes A. C. Heiney Hotel. 

*• Frederick Haas .... ** 

T Lynch . . . Frank Gallagher .... Restaurant. 

Hayes Libor Winter ** 

" John Hearon " 

•' Alfred Defoy " 

" Frank McShea 

** Condy McCoole .... *' 

'* Mauncc FeiTy By Quart. 

** Louis Stindler *' 

FOSTER TOWNSHIP. 

Hayes Hueh & Thomas Elliott . Hotel. 

. William Lorenz .... " 

. John Richards ** 

. John Ferry Restaurant. 

Austin Harvey ... •* 

" Andrew McGheehan . . " 

" Anthony Surman .... By Quart. 

" Condy GaflFhey 

. Philip Kennedy .... ** 

. Peter Timony ** 

. Condy Brennan .... " 

HANOVER TOWNSHIP. 

Hakes William Jones Restaurant. 

HOLLENBACK TOWNSHIP. 

Martin .... Paul Grover Hotel. 

HAZLBTON. 

Gorman .... Fred. Kepping . . . . Hoi 
.... C. J. Volkenand . 
" .... John Ballentine . 

Kline Frederick Schaar . 

** Michael McGerriiy . . . 

Hahn Frank Orawitz Restaurant, 

Kline Conrad Schugard .... " 

*• John Lapp (1st) .... " 

McManus . . . Michael Angelo .... " 

... Michasl Kcllv 

Bryson .... John Kennedy By Quart. 

R. H. Wright .William J. Feldhoff . . 
Gorman . . . . C. Kelley 
McManus '"' 



Halsey 
Hayes. 



Halsey 
McManus . 



. Thomas McHale .... " 

HAZLB TOWNSHIP. 

. Matthew Long By Quart. 

KINGSTON. 

. Francis Roth By Quart. 

KINGSTON TOWNSHIP. 

. John Moore Hotel. 

. Adam Meisel " 

. Harry A. Laycock ... ** 

. Patrick Hefferan .... ResUurant. 

. 1. R. Thomas By Quart. 

. Martin Moran *' 

NANTICOKB. 

J. Lynch . . . Lewis Hodges Hotel. 

£. A. L . . . . Mary C. Elliott .... ResUurant. 

Loop William Williams ... 

" John Krywicki ** 

Hines Alfred Landy ** 

Chapin .... Robert Hols worth ... ** 

NEWPORT TOWNSHIP. 

£. A. L . . . . Joseph Underwood . . . Restaurant. 

PLTMOtTTH. 

J. T. L . . . . Thomas Carter Hotel. 

10 



Bryson . 

Reynolds . 

B. &N . 
McL. & J 
Jenkins . 
J. T. L . 
McL. & J 
J. T. L . 



PLYMOUTH TOWNSHIP. 

Magee .... William Allen Restaurant. 

Shonk Charles E. Waters ... 

" Andrew Brennan .... " 

John McGowen .... By Quart. 

PITTSTON. 

M. M. Davis By Quart. 

PITTSTON TOWNSHIP. 

George Judge Restaurant. 

PARSONS. 

John McGavin Hotel. 

Stephen Toolin Restaurant. 

Buchanan & Rhodes . . By Quart. 

SUGAR NOTCH. 

John Elliott Hotel. 

Peter Boice Restaurant. 

Patrick Reilley By Quart. 

WILKES-BAKRE. 

George Fcrstenfeld . . . Hotel, 
"acob Stitzer 

ohn R. Kennedy . . . 

ohn H. KneaHs .... 

obert McCadden . . . 
George Reudelhuber . . 
George Rieder ..... 

{ohn Kinney 
jnus Zoeller 

Henry Rittenauer . . . 

John Mailender .... 

Andrew Hahn 

Nicholas Rose ..... 

Bryan McManamin . . . Restaurant. 

Jacob Geier " 

Wendel Gransen .... " 

A. Miller 

George Russ *' 

McL. & J ... C. A. Gaughan By Quart. 

*• . . . P. F. Peoples 

Strauss .... Lewis Lewith " 

J. L. L . . . . William Griffiths .... 
McCartney . . Wm. M. Miller ... 

WRIGHT TOWNSHIP. 

Harding, McG . George Carey Hotel. 

Hines John Mackin .... ^ . By Quart. 

JAMES R. EHRET, Clerk Q. S. 
Also the following named persons: 

HAZLBTON. 

McManus . . . Daniel Duffy Restaurant. 

" ... Peter Brady By Quart. 

... Patrick B. Boyle .... 

PLYMOUTH TOWNSHIP. 

J. Lynch . . . Mary Keating Hotel. 

Shonk Patrick Kelley .... Restaurant. 

PARSONS. 

O'Neill .... William Lawler .... Restaurant. 



J.L. L . 
Hughes . 
Mahon . 

i. Lynch 
fahon . 
Brundage 



Jones 

O'Neill . . . . 
J. L. L . . . . 

O'Neill . . . . 
Campbell . . . 
Coons & Shortz 

Moore 

McL. &J . . . 
Robinson . . . 
Cannon . . . . 
Harding, McG . 
Bauman . . . . 
J. T. L . . . . 



Evans . . . 
Strauss . . 
P., D. & F 
J. Lynch . 
1. T. L . . 
Hahn . . . 



Campbell 



1-3 



WILKES-BARRB. 



. Lewis C. Engle Restaurant. 

L. K. STRENG, 



NOTICE IS HEREBY GIVEN THAT __ 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by S. Salsberg, 
and that said license will be asked for in the court 
aforesaid, on Monday, January aad, 1883, at 10 A. M. 

JAMES L. LENAHAN, 
a-3 Solici tor. 

N" OTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Samuel Silver- 
man,and that said license will be asked for in the court 
aforesaid, on Monday, January 2ad, 1883, at 10 A. M. 
JOHN T. LENAHAN, 

x-a ______ Solicitor. 

OTICE ISHSEREBY given ~tHAf~AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Simon Silver- 
man, and that said license will be asked for in ^e court 
aforesaid, on Monday, January aad, 1883, at xo A. M. 

JOHN T. LENAHAN, 
z-3 Solicitor. 



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The Luzerne' Legal Register. 

Vol. XII. Friday, January 19, 1883. No. 3. 

®rpl)an3* dourt of Cujenu dountg. 
Drake's Estate. 

t . Where one secretly appropriates the funds of an estate placed in his trust and care, he is at least 
a borrower, and must be dealt with as such, and not any longer as a trustee, so far as questions 
of loss, interest, and compensation are concerned. 

3. An unfaithful trustee is entitled to no favor. He stands exposed to every equity and every tech- 
nical legal advantage which accrues to the cestui que trust. 

3. An executor, administrator, guardian, or trustee who appropriates the trust funds to his own use 
renden himself liable to removal ; to interest on the fund ; to make good the principal, although 
lost : and to a criminal prosecution for emberzlement. 

Exceptions to account of executor. 

The opinion of the court was delivered January 11, 1883, by 

Rhone, P. J. — The two exceptions relate to the one subject, 
and are disposed of together. The exception is to the allowance 
of any compensation for services, as the executor appropriated 
the funds of the estate to his own use, and died leaving his estate 
probably insolvent. There is no direct positive proof that the 
executor either appropriated the estate to his own use, or that 
his estate is insolvent, but both of these facts are fairly established 
by plain inference from other facts clearly proven, such as these: 
!. The inventory consists almost entirely of government bonds, 
certificates of stocks, and of deposits in banks, with no offer to 
turn them over in specie, or to account for their loss. 2d. That 
this estate has been obliged to present its claim on the general 
estate of the deceased executor for payment. 3d. That the 
administrator of the deceased executor has allowed this estate 
interest on the fund. 4th. That the personal estate of the deceased 
executor is certainly insufficient for the payment of his debts, 



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20 Drake's Estate. 

and that the real estate will probably not be of sufficient value to 
make up the deficiency. We find, then, as matter of fact, that 
the allegations set forth in the exceptions are true. 

Where one secretly appropriates Jhe funds of an estate placed 
in his trust and care, he is at least a borrower, and must be dealt 
with as such, and not any longer as a trustee, so far as questions 
of loss, interest, and compensation are concerned. Stehman's 
Appeal, 5 Barr, 413; Dyott*s Estate, 2 W. & S. 566; Robinett s 
Appeal, 12 Casey, 174. 

An unfaithful trustee is entitled to r-o favor. He stands ex- 
posed to every equity and every technical legal advantage which 
accrues to the cestui que trust. Beck v. Uhrich, 4 Har. 503. 

An executor, administrator, guardian, or trustee who appro- 
priates the trust funds to his own use assumes fearful risks. Such 
conduct renders him liable to removal ; to interest on the fund ; 
to make good the principal, although lost; and to a criminal 
prosecution for embezzlement. His ability or inability to replace 
the fund, or the honesty of his intention, makes little or no 
difference in the legal aspect of the case, for the mere act of 
appropriation constitutes the offense, as it at least subjects the 
estate to delay, litigation, and consequent damage. In the invest- 
igation of his case, he is allowed no counsel fees for his defense, 
and the costs of the proceeding are put upon him. 

It needs no citation of authorities to establish these points, as 
they are so very numerous, and the reasons of the law so obvious. 
It must follow, then, as matter of course, that such a trustee canr 
not be allowed any compensation for his services; for, instead of 
being entitled to any reward, he justly merits punishment. Per- 
haps if this deceased executor were present, he could explain this 
matter so as to give it a different appearance, but we must dispose 
of it as it is now presented. 

We therefore sustain the exceptions, and refuse the credit of 
$1,063.24 claimed for services, and direct that the costs of this 
proceeding be paid out of the estate of the deceased executor. 

Geo. B. Kulp, Esq., for exceptions. 

J. Vaughan Darling and Geo. K. Powell, Esqs., contra. 



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Whitaker V, Thompson. 21 



(Court of Common Iplms of Cujerne Countg. 



Whitaker et al. v, Thompson et al. 

1. The g^st of th« action against a bidder at a sheriff's sale, where the bid is not complied with, is a» 

breach of contract. 

2. If by sach breach of contract the plaintiff has suffered injury, he may recover damages therefor. 

If he has mffered no injury, he can recover no damages. 

3. Onr statutes of amendment are broad and liberal, but they are not boundless. A party cannot 

btroducc as an amendment a new and different cause of action, when, by reason of the statute 
of limitations, this would work an injury to the opposite party. 

Motion for a new trial, &c. 

The opinion ef the court was delivered January 2, 1883, by 

Woodward, J. — This was an action to recover the sum of 
^900, being the amount of difference between two bids for real 
estate, sold by Aaron Whitaker, sheriff of Luzerne county, the 
first sale having been made on the ist of June, 1872, for ^5,000, 
and the second on the 8th of June, 1872, a week later, for jlioo^ 

There are several remarkable things about the case, to some of 
which we propose to call attention: 

1st. Nearly six years elapsed after the sheriff's sale before any 
suit was brought to recover the $4,900, being the amount of the 
difference between the two sales. 

2d. It appears from the evidence that the building association, 
named as the use party for whom the sheriff sues, never author- 
ized or requested the sheriff to bring the suit; and furthermore, 
that at the time the suit was instituted they were not parties in 
any way interested, for the reason that their entire claim against 
Sheridan, the defendant, had long before been fully paid. 

3d. Sheriff Whitaker himself testifies that he never authorized 
the building association, nor any other party, to bring the suit, 
and that he had no knowledge of the existence of such a suit 
until two weeks before the trial. 

4th. At the time of the trial, on ihe 14th of September, 188 1, 
or more than nine years after the sheriff's sale, on motion of 
counsel for the plaintiffs, the names of certain alleged creditors. 



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22 Whitaker V. Thompson. 

numbering over fifty, were allowed to be added as use parties, 
and at the same time a disclaimer as to the building association, 
the original plaintiffs, was put on record. Among these were the 
names of J. B. Stark and E. A. Forrester. Both these gentlemen 
were called as witnesses for the defendants, and both testified 
that they were not creditors of Sheridan, and had not authorized 
the use of their names as plaintiffs in the pending suit 

5th. On the day before the first sale by the sheriff in this 
county, the same real estate had been sold by the United States 
marshal at Pittsburg, and had been bid off by Mr. Stark, the 
attorney of certain creditors of Sheridan, and among them the 
building association named as the use party in this suit. This 
sale, of course, wiped out the title of Sheridan, and discharged all 
liens and incumbrances existing at the time, so that on the day 
of the sherifT's sale no interest or title could be conveyed by the 
sheriff to the purchaser. Under the marshal's sale, by an arrange- 
ment among the creditors, some Jl 11,000 of record liens were 
paid and extinguished. The title of the defendant was an equita- 
ble one merely, and no evidence was offered to show that his 
interest was worth a larger sum than $11,000. The purchaser 
at the marshal's sale and at the second sherifTs sale was the 
same party. 

In view of the facts thus briefly stated, we ought, before grant- 
ing a new trial at the instance of the plaintiffs, to be fully satisfied 
that some substantial and material error to their detriment was 
committed at the trial. 

The gist of the action is a breach of contract. If by this 
breach the plaintiffs have been damaged, they undoubtedly may 
recover damages ; but if, on the contrary, there has been no actual 
injury suffered, we are at a loss to see upon what principle, either 
of law or equity, they should be permitted to recover anything. 
In the case of Holdship v, Doran (2 Pa. 15), which resembles 
the present case very nearly, the Supreme Court say: "There are 
some acts so wicked in themselves, or so contrary to an express 
legislative provision, that any person may prosecute the perpe- 
trator, and punish him by indictment; and some in which any 
informer may sue in a civil action, and recover a penalty pre- 
scribed by law. But the fact of bidding at a sheriff's sale is not 



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Whitaker v. Thompson. 23 



one of these; it is in the law a mere breach of contract. The 
bidder may be sued for the amount of his bid by the sheriff, and 
be compelled to pay it. in some cases, though not always; or he 
may, in some cases, though not in every possible case, be liable 
for the difference, if the land is sold a second time, and for a less 
sum. His breach of contract is as great, though the land sells 
for more at a second sale, and yet in such case he is not liable 
for damages, for there are none. It is not, therefore, the omission 
to pay, but the injury consequent on such omission, which sub- 
jects him to damages. Th^,^' plaintiff must then be, either the 
sheriff — ^and he is the proper olaintiff; or, if any other can sue, it 
must be a plaintiff who can prove that he has sustained damage. 
I do not know any case, except that of a penalty by positive law 
to an informer, in which a civil suit can be sustained by a person 
with whom no contract has been made, and who has sustained 
no injury.** And again, in the same case, the court say: "There 
is no ground for the assertion that in every case the bidder who 
does not pay is liable for the amount of his bid, or for the differ- 
ence of price, if sold for less. His liability may exist, or not 
exist, according to the facts of the case. Whatever will set aside, 
and does set aside the sale, discharges the bidder from paying 
the bid, and from paying the difference if sold afterwards for less." 

What we have already said disposes, we think, of all the ques- 
tions raised by the reasons filed for a new trial, except that con- 
tained in the point of plaintiffs numbered iv. This point is as 
follows : "Although it may appear that all the creditors of Patrick 
Sheridan who had liens on this property at the time it was sold 
have since been paid, yet plaintiffs are even then entitled to recover 
for use of defendant, Patrick Sheridan, if for no other person." 

As we have already stated, this action was brought originally, 
not in the name of the sheriff, but for the use of a single creditor, 
viz.: The Wyoming Savings and Building Association. Their 
right of action accrued at the time of the second sale by the 
sheriff, or on the Sth of June, 1872. At the time of trial, on the 
14th of September, 1881, more than nine years later, the counsel 
for the plaintiffs ask leave to disclaim as to the building associa- 
tion, and put upon the record the names of some fifty new parties 
as use plaintiffs. The name of Patrick Sheridan is not among 



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24 Whitaker V, Thompson. 

the number, and he nowhere appears as a party to these proceed- 
ings, and there is no evidence in the case to show that he has 
sustained any loss or injury by reason of the failure. of the party 
purchasing at the sheriflTs sale to comply with his bid. On the 
contrary, the case of the plaintiffs themselves discloses the fact 
that there were some fifty lien creditors who, on their theory of 
the case, would be entitled to the fimd now sought to be recov- 
ered before the defendant himself could have any claim upon it. 
This, in connection with the fact that the amount of these liens 
far exceeds the $^,goo, for which 'the suit was brought, would 
seem to estop and preclude the plaintiffs from making the point 
upon which we were asked to charge the jury. 

But aside from all this, we are now prepared to go further than 
we were willing to go at the time of the trial, and to hold, as 
matter of law, that the claims of all these creditors, exclusive of 
the building association, were barred by the statute of limitations. 
Our statutes of amendment are broad and liberal, but they are 
not boundless. We may say, in the language of our Supreme 
Court in Kille v. Ege (i Norris, no), "while due effect should 
be given to the statutes authorizing amendments, yet care must 
be taken that they be not so used as to pervert their true spirit. 
. . . The so-called amendment was not the addition of names 
omitted through mistake, nor of parlies holding any joint interest 
with the original plaintiffs. There was no privity of title or 
interest between them. They were strangers to each others 
claim. The substitution was not authorized by the statute," etc. 
In Trego v, Lewis (8 P. F. S. 469) the language of the court is: 
"Undoubtedly the court will never permit a party to shift his 
ground, or enlarge its surface, by introducing a new and different 
cause of action, especially when by reason of the statute of limi- 
tations ... it would work an injury to the opposite party." 
See, also, Kaul v, Lawrence, 23 P. F. Smith, 416. In Leeds v, 
Lockwood (3 Norris, 73) the offer was to amend by substituting 
a new description of the land referred to in the ejectment writ. 
The court, while holding that the amendment should have been 
allowed, indicate the duty of the court in charging the jury by 
saying, that " as the amendment will necessarily substitute a tract 
of land entirely different from that described in the writ, it cannot 



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Sampsell V, Bloss. 25 

be permitted to relate back to the commencement of the action, 
and thus affect the rights the defendants might otherwise have 
under the statute of limitations.'* 

We are of the opinion, therefore, that the third point of the 
defendants should have been affirmed. This point is in the fol- 
lowing words: "All other use parties, except the Wyoming 
Building and Loan Association, to this suit having been added 
)resterday, and this being more than six years after the right of 
action in this case accrued, under the evidence there can be no 
recovery, and the verdict must be for the defendants." 

Two of the reasons assigned for a new trial have reference to 
the admission of testimony in regard to the marshal's sale. No 
point was submitted to the court, however, by the plaintiffs on 
this subject. In plaintiffs' fifth point the fact of the marshal's 
sale is assumed and admitted, and we are asked to say that be- 
cause defendants had notice and knowledge of such a sale, they 
should have applied to have the sale by the sheriff set aside. 
Besides, we are of the opinion that, under the circumstances, the 
evidence was admissible for the purpose for which it was offered. 

After a careful consideration of all the reasons assigned for a 
new trial in this case, we feel compelled to deny the motion. 

The rule for a new trial is discharged. 

John McGahren and Wm. P. Ryman, Esqs., for plaintiffs. 
S. B. Price, Esq., for defendants. 



(fiottrt of Common Ipleoa of Cnjeme (Eountg. 



Sampsell v. Bloss. 

Certiorari— Atiachment execution. 
Kji./a. and attachment cannot isrue on same day. A return of nulla bona must precedo attachment. 

The opinion of the court was delivered November 20, 1882, by 

Rice, P. J. — The plaintiff in error is not in position in this 
case to attack the original judgment He was duly summoned 
and appeared, and the justice had jurisdiction of the cause of 



Digitized by VjjOOQIC 



26 Sampsell V, Bloss. 



action. If the proceedings were irregular, it was his duty to 
have taken out his certiorari within twenty days. Not having 
done so, the judgment stood good as against him, and the fact 
that an attachment execution issued subsequently does not open 
up to review the regularity of the judgment upon which it issued. 
The first, second, third, fifth, and sixth exceptions are overruled. 

The fourth exception is that there was not a return of nulla 
bona before the attachment execution issued. This exception is 
well taken. In the first place, John Bloss had not been served 
with the original summons, and no valid judgment had been 
entered against him which would warrant the joining of him as 
a defendant in the fi, fa. In the second place, the fi. fa. and 
attachment issued on the same day, July 15th, and both were 
returned on the same day, July 17th. This was irregular. A 
return of nulla bona must precede the issuing of an attachment 
by a justice. Act of April 15, 1845, § 2, P. L. 459; P. D. 866, 
pL 1 14; Hagarty v. Seitzfnger, i Luz. Leg. Reg. 109; Masters %f. 
Turner, 2 Id. 185. 

The seventh exception is also well taken. The attachment 
was issued by John Bloss. But he was not the plaintiff in the 
judgment. On the contrary, he was one of the defendants in the 
original suit There is nothing on the record to show that he 
had become the owner of the judgment, or that he even had 
acquired an equitable title thereto by payment as surety. We 
do not understand how he could issue an attachment against his 
co-defendant thereon. 

The fourth and seventh exceptions are sustained, and the 
attachment proceedings are reversed. 

Messrs. Dickson & Atherton, for plaintiff. 
B. M. Espy, Esq., for defendant. 



Young women read, with ill-concealed envy, that a Kansas 
widow has just come back from the funeral of her sixth husband. 

A Boston singer stopped warbling and requested the removal 
of a crying youngster. Some singers can't tolerate a rival in the 
same house. 



Digitized by VjjOOQIC 



ORPHANS' COURT SALE. 
Estate of Martin Williams, deceased. By virtue 
of aa carder of the Orphans* Court of Luzerne county, 
the Badnugaed will sell at public sale, on the premises, 
in the borough of Pittston. on Tuesday, the 13th day 
of Fcbfuarv, 1883. at 2 o'clock P. M., all those lots of 
la»d, boun^d and described as follows, to wit : 

X. Begjnmng at a comer on the northerly side of 
Parsonage street, also a comer of land of John R. 
South, thence along said Smith's land in a northerly 



ORPHANS' COURT SALE. 
Estate of Abigail Barney, deceased. By virtue 
of an order of the Orphans' Court of Luzerne counter, 
the undersigned will sell at public auction, at the Arbi- 
tration room, in the Court House, at Willces-Barre, on 
Wednesday, the 7th of Febmary, 1883, at 10 o'clock 
A. M., all the following tract of land in Jackson town- 
ship, being parts of lots Nos. 47, 49, and 51, in the first 
tier of the nflh division of lots in Jackson township, 

„ , I beginning where the road leading from Henry Boone s 

<firectioa 19 feet to a point, thence in a northwesterly ; intersects the main road, thence along the middle of 
dbectioo alozts other lands of Martin Williams, dec'd, the main road 43 perches to a comer, thence 41 perches 

~ ~ to the line ot lots Nos. ^9 and 51, thence 19 perches to 

a comer, thence 20 perches, thence 41 perches to- the 
line of lots Nos. 49 and 51, thence 44 perches to a cor- 
ner, thence to a comer, thence along the road 19 3-zo 
perches to a corner, thrnce 9 perches to a comer, 
thence 13 perches to a comer, thence 14 3-10 perches 
to the road, thence along the road to the beginning, 
containing 31 acres and 53 perches ; all improved, with 
an old log and frame dwelling house, wooden bam, 



<9 feet to a comer of lands of Chester R. Patterson 
and of Patrick Finerty, dec'd, thence along said Pat- 
terson's land in a southerly direction 78 feet to a comer 
on Parsonage street, and tnence along Parsonage street 
in an eaateHy direction 56 feet to the place of begin- 
inng, containing 3.000 square feet of land, more or less ; 
ay improved, with a small one-story frame dwelling 
honse, with kitcben attached, and fruit trees thereon. 
a. Beginning at a corner of other land of said Martin 
WSKams, deceased, also a comer bf land of John R.jother outbuildings, orchard, and other improvements 
Smith, thnence along said Williams' land in a westerly thereon. 
<firectton 69 feet to a comer of lands uf Chester R. Pat-| Terms of S^lh — One-third down, 50 per cent of 

00 und of Patrick Finerty, deceased, thence alongl balance on confirmation of sale and delivery of deed, 

1 Finerty's land in an easterly direction 41 feet to a! and the balance, with interest from confirmation, as 
Bcr of land of John R. Smith aforesaid, and thence follows : one-half in six months and one-half in one 

aloeg said Smith's land in a southerly direction 61 feet'year from date of sale ; unpaid balance to draw interest 
fo xhc place of beginning, containing 1,8 x> square feet and besecured by bond and mortgage on the premises. 
of land, more or less; all improved, with two small C. W. BOONE, 

ootbuildiogs and fmit trees thereon. H B PAYNE, Adm'r c. t. a. 

Teems op Salb — One-half of purchase money down Attorney. a-4 

oa day of sale, and balance on confirmatio.i of sale and' "~ 

<khvery of deed. 

MICHAEL E. COLLIER, 
HOSIER, Administrator. 



F. C. 



ORPHANS' COURT SALE 
Estate of John A. Harmon, deceased. 



, By virtue 

of an alias order of the Orphans' Court of Luzeme 
Attorney. 3-5 county, the undersisned will .sell at^ublic sale, at the 

j front door of the old homestead house, in the township 

ORPHANS' COURT SALE. |of S.ilera, on Tuesday, February 6, 1883, at a o'clock 

Estate ot Barnard Sharkey, deceased. By virtue 1 P. M.. the followin|^ real estate, being purpart No. i, 
of aa order of the Orphans' Court of Luzeme county, |in the township of Salem, beginning at a heap of stones 
Che oadersi^ned will sell at public auction, at the Town I at the southwest comer ot said tract, and from thence 
Hail, in West Pittston, on Saturday, the 3d day of 247 perches to a stone corner, thence 104 perches and 
Fdmiary. 1883, at a o'clock P. M., the following r<»d 18 links to a stone comer, thence 246 percnes and ii 
csoLte, to wit : 'links to a stone comer, tnence iii perches and 5 links 

X. All chat lot of land in West Pittston, beginning atUo the place of beginning, containing 149 acres and 64 
"" perches ; excepting a small strip of land heretofore 

given for road purposes ; about 49 acres being improv- 
ed, with good timber on the same; and the balance, 
or 100 acres, improved, with the following buildings 
thereon: one 2j4-story dwelling house, one iJ4-story 
house, one bam, and one other bam with shed attached, 
one wagon house, com crib, and other outbuildings, 
with two good apple orchards thereon and other fruit 
trees.. 

Terms op SALS^One-fourth cash on day of sale, 
one-fourth on confirmation of sale, one-fourth in six 
months, and the balance in one year, with interest on 
all unpaid sums from confirmation of sale to the time 



a comer <^ Luzeme avenue and Warren street, ranning 
ck<aBoe along Warren street 125 feet to a comer, thence 
ax right an^es to Warren street ^ feet to a comer, 
ckcscc at right angles to Luzeme avenue 123 feet to a 
coraer on Lucerne avenue, thence by said avenue 80 
feet to the beginning, containing 10,000 square feet of 
badj aQ inproved, with a two-story bnck dwelling 
hoase, with mansard roof, and outbuildings thereon. 

a. An tliat lot of land in West Pittston. bq^inning at 
a comer on an alley 125 feet distant from Warren 
•sreet, thence parallel to Warren street by other land 
of Barnard Sharkey, deceased, 50 feet, thence parallel 
ID the said alley and along lana of Mrs. John Hughes 
60 feet to a comer, thence at right angles to said alley of payment, and all deferred payment to be secured by 



bond and mortgage on the premises. 

HENRY HARMON, 
SOLOMON HARMON, 
OSBORNE & ESPY, Administrators. 

Attorneys. 2 



y> feet to a comer on said alley, thence along said alley 
60 feet to the beginning, containing 3,000 square fieet 
of laikd ; att improved. 

3. AH that lot of land in West Pittston, beginning at 
a con^r on liae of lands of Mrs. John Hughes 125 feet 
disaBt firom Luzeme avenue, thence parallel to said 
Loacrae av^ue 45 feet to a coraer of first described; 

lot, th«»ce by same 5 feet to a comer, thence parallel , V-/ Estate of Ephraim R. Kittle, dec'd. By virtue 
to Laieme avenue 40 feet to a comer 5 feet distant! of an order of the Orphans' Court of Luzerne county, 
feo«n Uod of Mrs. John Hughes, thence 55 feet to a 'there will be exposed to public sale, on Friday, Feo- 
cer»erof second described lot, thence by the same 5|ruary 2, 1883, at 10 o'clock A. M., on the premises, in 
feet to a comer on line of Mrs. John Hughes', thence' Lehman township, all that piece of land in Lehman 
by land of Mrs. John Hughes 60 feet to place of begin- township, bounded on the east by land of Isaac Cragle, 



ORPHANS' COURT SALE. 
Estate of Ephraim R. Kittle, dec'd. 



all improved. 
RMS OP Sale — One-fourth down, one-third of 
I co n f ir mation of sale and delivery of deed. 



on the north by lands of George Cease and Josiah 
Cease, on the west by lands of George Cease, Josiah 
Cease, and William Pollock, and on the south by the 
ishii 



and the balance, with interest fh>m confirmation of , township line, containing about soo acres of land; 
ii«e, as feUovs : one-half in six months and one-half ; about 50 acres thereof improved, with one frame dwel- 
ta one year £rom date of sale; unpaid balance to draw • ling house and one frame ham thereon. 
QCerest and be secured by bond and mortgage on the{ Terms op Sale — ^^500 down on day of sale, and bal- 
Breatfes, ance on confirmation of sale and delivery of deed. 

CHARLES H. FOSTER, I WILLIAM E. KYTTLE, 

H. B. PAVNE, Administrator. M.CANNON, Administrator d. b. n. 

Attorney. 2-4' Attorney. 2-4 

II 



Digitized by VjjOOQIC 



ORPHANS' COURT SALE. 
Entate of Theodore T. Hale, dcc'd. By virtue 
oi an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public auction, on the 
premises, in the borough of Yatesville, on Tuesday, the 
13th day of February, 1883, at 9 o'clock A. M., all the 
surface of those lots of land, bounded and described as 
follows, to wit : 

X. Banning at a comer at the intersection of Main 
street and alley No. 3, thence along said alley 8 perches 
to a comer, thence xo perches to a comer, thence 8 
perches to a comer on Main street aforesaid, and 
tbence along Main street xo perches to the place of 
beginning, containins 80 square perches of land, being 
loa x8 and 10 on T. T. Hale's plot of Yatesville. 

3. Beginning at a comer at the intersection of alleys 
Nos. 3 and ^, thence along said alley 94% perches to a 
comer on alley No. a. tbence along saia alley about 6 
perches to a comer of land of the Peiuuvlvania Cual 
Company, thence along the said company s land about 
a6 perches to a comer on alley No. 3 aforesaid, and 
thence along said last mentioned alley ix 3-10 perches 
to the place of banning, being loU Nos. 33 and 34 on 
the plot of lots aforesaid. 

Terms of Salb— One-half of purchase money down 
on day of sale, and balance cm confirmation of sale and 
delivery of deed. 

SARAH R. HALE. 

F. C. MOSIER, Administratrix. 

Attorney. 3-5 

ORPHANS' COURT SALE. 
Estate of Philip Weiss, deceased. By virtue 
of an alias order of the Orphans' Court of Luzerne 
county, there will be exposed to public sale, on the 
premues. in Conyngham township, on Saturday, the 
3d day 01 February, 188^, at la o'clock M., the follow- 
ing real estate, which, oy authority of the court, has 
been divided into purparts, as follows : 

Purpart No. x. B^innin^ at a comer in the bank of 
the Susquehanna river, thence 76 4-10 perches, thence 
ao 8-xo per., thence a6 6-xo per., thence 3a 7-10 per., 
thence 56 6-10 perches, thence 108^ perches, thence 
34^ perches, thence lao perches to the Susquehanna 
river, thence up said river to the comer, the place of 
beginning, containing loa acres and 133 perches, with 
a frame dwelling, bank bam, stable, and outbuildings 
thereon ; reservmg out of the same a church lot, and 
the right of wav of the land now used and secured by 
the North and West Branch Railroad Company. 

Purpart No. a. Beginning at or near the church lot, 
thence 133 4-10 perches, thence 176 perches, thence 75 
perches, tnence 60 perches, thence 56 perches, thence 
xo85i perches to the place of beginning, containing X07 
acres and 35 perches ; on which are erected a dwelling 
house, stable, and outbuildings. 

Purpart No. 3. Beginning »t a comer, thence 75 
perches, thence 94 perches, thence 90 4-xo perches, 
thence 78 perches, thence 50 percnes, thence 176 
perches to the place of be|^nning, containing 74 acres 
and xiQ perches; on which are erected a awelling 
house, house, stable, and outbuildings; about 50 acres 
of good timber. 

Tbrms op Sale — 1300 down, as per cent of balance 
on confirmation of sale and ddivcry of deed, and the 
balance, with interest from confimiation, in one year 
from confirmation ; deferred payments to be secured 
by bond and mortgage on the premises. 

BENJAMIN EVANS, 

C. B. JACKSON, Administrator. 

Attorney. 3-5 

ORPHANS' COURT SALE. 
Estate sf John Bovey, deceased. By virtue of 
an order of the Orphans' Court of Luzerne county, the| 
undersigned will sell at public sale, at the Art>itration 
room, in the Court House, in the city of Wilkes- Barre, 
on Tuesday, February 13th, 1883, at 3 o'clock P. M., 
all that lot of land in the city of Wilkes-Barre, begin- 
ning at a comer of lot No. i of J. Sparvo's plot on 
Hickory street, thence in a southwesteny direction 
mnning along Hickory street 37)^ feet more or less to 
lot No. 3, owned by Greesy, thence in a northwesterly 
direction by the said Greesy's line 90 feet to the Lehigh 

12 



and Susquehanna Railroad, thetioe in a northeasterfr 
directioo along said railroaJd 37^ feet to J. Spargo^ 
line, and thence In a southeast«iy direction ak»g saJd 
Spaigo's line 90 feet more or less to the place of bcgiik- 
ntn|(, containing 3,375 square feet of land, more or loss ; 
all improved^ witn one two-story frame dwelling htma^ 
and outbuildings thereon. 

Tbkms of Saue— laoo down, and the balance upoo 
confirmation of sale and delivery of deed. 

JOSEPH BOVEY, 

GEO. K. POWELL, Administrator. 

Atiomey. 3-5 



ORPHANS' COURT SALE. 
Estate of Michael Miller, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public sale, on the premises, 
in Conyngham township, on Friday, February 9, X883, 
at a o'clock P. M.. all that lot of Land in Con^ngliam 
township, boundea on the north by land of Danid 
Cragle, on the south by land of John Andrews. 00 the 
east by land of Abram Andrews, on the west Dy IsAd 
of Reuben Andrews, containing 54 acres, more or lesa ; 
excepting and reserving, however, out of the same ooe 
acre and eight perches, %<Ad to Adam Rockel by said 
Michael MHler and wife. 

Tbrms of Salb— |;aoo down, as per cent of balance 
on confirmation of sale and delivery of deed, and the 
balance, with interest from confirmation, ooe year from 
day of sale ; deferred payments to be secured by bond 
and mortgage on the premises. 

REUBEN NAGLE, 

H. B. PAYNE, AdminUtraior. 

Attomey. a-4 



ORPHANS' COURT SALE. 
Estate of Thomas Benedict, deceased. In Re 
Partition of Real Estate. By virtue of an order ot die 
Orphans' Gourt of Luzeme county, the undersigned, 
a Trustee appointed to make sale in said estate, will 
[sell at public auction, at the Arbitration room, in the 
Court House, in the city ot Wilkes-Barre. on wednes> 
day, Febmary 7, 1883, at 10 o'clock A. M., the follow- 
ing real estate, to wit : 

I . All that piece of land in Pittston borough, begin- 
ning at a comer on Cornelia street, thence 124 feet to 
comer of purpart No. a, thence at ri^ht angles to fixst 
line about zoo feet to comer in back line of lot, thence 

a feet to comer, thence 138 feet to place of beginning; 
1 improved, with a two-sicMy dwelling house thereon, 
a. All that piece of land in Pittston oorough, begin- 
ning at a comer on Comelia street and of purpart No. x. 
tbence by said street 62 feet, thence 105 feet, thence 88 
feet to comer of purpart No. x, thence about too feet 
to the beginning ; all improved, with a two-story wood 
dwelling house thereon. 

3. All that piece of land in Pittston borough^ bcgi»- 
ning at corner on Comelia street, thence by said street 
lao feet to a comer, thence 67 feet to a comer, th«»ce 
106 feet to a comer, tbence 68)4 feet to the beginning ; 
all improved, with a two-sto^ wood dwelling house 
thereon. 

4. All that piece of land in I^ttston borough, bqrixi. 
ning at a comer on Comelia street, thence 66 feet to a 
comer, thence 150 feet to a comer, thence 66 feet to a 
comer, thence 150 feet to the beginning - all improved, 
with a two-story frame dwelling nouse thereon. 

Terms of Sala— $aoo down, one-fourth of balance 
in six months from day of confirmation, and balaxice ia 
one year from confirmation of sale ; deferred payments 
to draw interest, and secured by bond and mortgage 
on the premises. 

I CHARLES PUGH, 
' H. B. PAYNE, Trustee. 
j A tt omey. a-4 



N^ 



application for a license to peddle on foot ham 



OTICE IS HEREBY GIVEN THAT AN 
appli 
been filed in the office of the Clerk of the Court ot 
Quarter Sessions of Luzerne county by S. Salsbeig^ 
and that said license will be asked for in the court 
aforesaid, on Monday, January aad, 1883, at to A. M. 



3-3 



JAMES L. LENAHAN, 

Solicitor. 



Digitized by VjjOOQIC 



SHKRirrS SALES. 
Abscnct uf pmpeily to be sold bv Wm. O'Mallty, 
SktxiS cf Laxawc countjr, oa Satunky, February lo, 
A. D. 1883, at 10 o'clock A. M., at the Arbitratkm 
woom, IB the Court House, WUkea-Barre, who will 
paocced with the different properties in the order in 
wUch they are numbered, to wit : 
I 

Suit of the Empire Building and Loan Association 
▼. WiUiam R. Herbert. 

53 Februraxy term, 1883. Debt, |8oo. FI. &. xs 
F^iruary term. 1883. D. S. Bennet, Att'y. 

All that tract of land in the city of Wilkes-Barre, 
bounded on the east by lot now or late owned by 
Daniel Thomas, on the west bv Smith street, on the 
north by Black man street, and being 50 feet front on 
Bkckman street, and 133 feel in depth ; all improved^ 
with a two-ctory frame dwelling house lAd outbuildings 



ginning in a line of B. A Bidladc's estate, thence t$ 
3-IO perches to a comer, thence 7 8-zo parches to m 
comer, thence 14 perdies to a comer, thence 8 rods to 
the bqpnning, containing about three>quarters of an 
e or land, being part of lot No. 5 in the fouith divi- 
sion of the certified township of WUkes-Barre. 3-5 



Smt of the Empire Building and Loan Association 
r, Lewis S. Jones. 

9*3 September term, 1878. Debt, fx.335.66. Fi. fa, 
13 February term, 1883. D. S. Bennet, Att'y. 

All dkat loc of land in the city of Wilkes-Barre, bo- 
on Market street at a comer of lot No. 3, 
along said lot 195 feet to a comer on an alley, 

£ along said alley 50 feet to a comer of lot No. 5, 

thence along said lot 195 feet to Market street, thence 
aloM said street 50 feet to the place of beginning, be- 
ing hot No. 4, in block No. 4, on plot of lots of A. C. 
Laa^V, deceased ; all improved, with one large two- 
ttorytaame dwelling house fronting on Market street, 
two two-story frame dwdluiff houses on rear end of lot, 
oodmiUfin^, outhouses, and fruit trees thereon. 

S 

Suit of Jooea Oark v. C. M. Derii^er. 

4^ June term, 1880. Debt, ^53.10. Vend. ex. s 
FMjary term, i88p. Bedford, Att' v. 

AU those tracts of land in the townships of Suganoaf 
and Black Creek, viz. : 

1. Two coatifuous tracts in the warrantee names of 
Job Rope and Samuel Rope, bounded by tracts in the 
warrantee names of William Gray, Samuel Stephens, 
Joha Roat, Leonard Rope, John Rope, Levi Rope, 
and Henry Lebo^ containing 745 acres, more or less. 

a. Three contiguous tracts in the warrantee names 
of Joseph Brown, Bobert Brady, and John McGown. 
hqpndfd by tracts in the warrantee names of David 
Hamaton, Samuel Blair, James Davis. John Allen, 
Smoo Rope, Simpson Rope, John Duniap, William 
Stewart, and James McNcal, containing i,aoo acres, 
more or less. 

4 

Suit of Isaac M. Thomas and Ellen E. Thomas, 
Executors of Jesse Thomas, dec'd, v. Calvin Wadhams 
and Akeacaader Famham. 

<96 Ocxober term, i88a. Debt, 17,7^.86. Lev. fe. 
19 February term. 1883. Darlings, Att'ys. 

All that tract of land in the township of Plains, be- 
tji i ffg at a point in the center of the |Hiblic road lead- 
ing from Wukcs-Barre to Miner's mill as now used. 

*^**^ ilL^A^!^^!^ il?c* ZT^ ^.!rJi!i^^hIi^i estate, at wWch time all pcraoMinteresied shall attend, 

iTioer, «*«^«»^ J95 f^^ f^TrAm^^v •<■ ^^^y *«« «»' »"d present their cUdms against saiJ 

ton to tbelhomas iron Company ^.../nr f»r^v*.r tk!.r»of»^r K* A^h^r^^A f«?rn ^«iin« 



ESTATE OF MARTIN GURL. DECEASED. 
In Orphans' Court of Lucerne county. In Re 
Petition of James J. Moran for specific performance. 
Luzerne County, ss : The Commonwealth of Penn* 
sylvania : To Bridget Gurl (widow), Mariah Scanlon, 
Bridget O'Donnell, Sarah Collins, Julia O' Boyle, 
James Gurl, TilUe Gurl (children), and Martin Gurl, 
Sr. (Administrator) : We command 3rou,and every and 
all of you, that, laying aside all business and excuses, 
'ou be and appear in your proper person before our 
udge of the Orphans' Court, to be bolden at Wilkes- 
iarre, in and for the county of Luzeme, on Monday, 
the ^th day of February', 1883, to answer said bill or 
petition exhibited in our said court, and do further and 
receive what our said court shall nave considered in 
that behalf. Hereof fell not at your peril and the pen- 
alty that may ensue. 

Witness the Honorable D. L. Rhone, Judge of our 
said court, at Wilkes-Barre, this 9th of January, 1883. 
J08SPU Ubnulbk, Clerk O. C, 

Per B. M Chart, Ass't. 
To the said Mariah Scanlon— The citation, of which 
the above is a copy, is hereby, by order uf the said 
Orphans' Court, served upon you by publication, and 
you are hereby notified to be and appear before the 
said the Orphans' Court of Luzeme county, on the 5th 
day of February, 1883, to answer the bill or petition of 
the above named James J. Moran, as in citation you 
are commanded. 

R. W. ARCHBALD, 
3-5 Attorney. 



ESTATES TO BE AUDITED BY THE 
Orphans' Court of Luzeme county. Notice is 
hereby given that accounts have been filed and con- 
firmed absolutely by the court in the following estates : 

1. John P. Fell; W. S. Parsons, Administrator ; 6th 
February, 1883. 

a. George Peck ; George M. Peck and L. W. Peck, 
Executors ; 7th Februaiy. 1883. 

^. Eufana Marcy ; B. M. Espy, Administrator c.t.a. ; 
7th February, 1883. 

4. Thomas Davis ; Morgan B. Williams, Adminis- 
trator c.t.a. d.b.n. ; 8th February, 1883. 

5. Edward Chapman; E. E. Hoyt, Administrator; 
9th February, 1883. 

6. S. H. Puterbaugh; I. T. Puterbaugh, Executor; 
9th Febrtiary. 2883. 

7. Eliza Sickler; Earl Sickler, Administrator ; lath 
February. 1883. 

8. Joseph Brittain; D. L. Chapin, Administrator ; 
tath February, 1883. 

The accounts enumerated and designated in th4 
above list will be audited by the court, in the Court 
House, in the Orphans' Court room, during the session 
of court on the days set forth opposite the name of each 



^ong line of lands set off to' the Thomas Iron Company 
771 a-io fe«t to a comer, thence 105 feet to a comer in 
ite center of a projected road 50 feet wide, thence by 
dK center Koe of said projected road 1,19^ feet to the 
ceater of the above mentioned public road to Miner's 
mill, thokce by the center of the last mentioned road 
the ibtloving courses and distances 219 feet, thence 
tu 3-10 feet, thence 58 4-zo feet, thence 55 8-10 feet, 
thence 270 feet to the place of beginning, containing 15 
acres and xo6 7-10 perches, strict measure ; reserving 
ooai; all improved, with 18 dwelling houses. $ bams, 
Slid other outhouses thereon. 

S«ti of Use of Spencer W< 

back. 



Vorden v. John M. Hollen- 



estatc, or forever thereafter be debarred from coming 
in upon said fund. 

JOSEPH HENDLER. 
3-5 Qcrk 0. C. 



WIDOWS' APPRAISEMENTS. 
Notice is hereby given to all persons concerned, 
that widows' appraisemenu in the following estates 
have been approved nisi by the Orphans' Court of 
Luzeme county, and, unless exceptions are filed, will 
be presented for final approval on Monday, the 5th 
day of February, 1883 : 

Milton Smith, Jared R. Baldwin, Jonathan R. Wil- 
iliams, Benjamin Saylor, Charles Noelke, and James 
4 C. Ho wells, deceased. 

. , ^ y. I JOSEPH HENDLER. 

All that lot of land in the city of Wilkes-fearre, be- '3-5 Clerk O. C. 

13 



^ May term, 188a. Debt, $38.73. Vend. ex. 
Fcaniary term, 1883. C. Wadhams, Att'j 



Digitized by VjjOOQIC 



direction by the said Greesy's line 90 feet to the L«hidi 
and Susquehanna Railroad, thence in a northeaatetly 
direction along said railroad 37^ feet to J. Spargo s 
line, and thence in a southeasteny direction along said 
Spargo's line 90 feet more or less to the place of bcfff n- 
ning, containing 3,375 square feet of land, more or less ; 
all improved, with one two<story finame owelling hotis* 
and outbuildings thereon. 

Terms op Salb— ^aoo dowa, and the balance upon 
confirmation of sale and delivery of deed. 

JOSEPH BOVEY. 

GEO. K. POWELL, Administrator. 

Attorney. 3-5 



ORPHANS' COURT SALE. 
Estate of Theodore T. Hale, dsc'd. By virtue 
of an order of the Orphans' Court of Luxeme county, 
the undersigned will sell at public auction, on the 
premises, in the borough of Yatesville, on Tuesday, the 
13th day of February, 1883. at 9 o'clock A. M., all the 
surface of those lou of land, bounded and described as 
follows, to wit : 

t. Banning at a comer at the intersection of Main 
street and alley No. 3, thence along said alley 8 perches 
to a comer, thence 10 perches to a comer, thence 8 
perches to a comer on Main street aforesaid, and 
thence^ alon^ 'Main street zo perches to the place of 

b^inninp, contaiains 80 square perches of land, being 

lou 18 and 10 on T. T. Hale's plot of Yatesville. I 

a. Beginning at a comer at the intersection of alleys! /^RPH AN S' COURT SALE. 
Nos. 3 and a, thence along said alley 24% perches to a! vj Estate of Solomon Yost, deceased. By virtue 
corner on alley No. 2. thence along saia alley about 6; of an order of the Orphans' Court of Luzeme county, 
perches to a comer of land of the Pennsylvania Cual< there will be exposed to public sale, on the premises. 
Company, thence along the said company s land about; in the towniihip of Sugarloaf, oii Friday, February 16, 
36 perches to a comer on allev No. 3 aforesaid, and 1883, at a o'clock P. M., all that tract of land in the 
thence along said last mentioned alley 11 3-10 perches township of Sugarloaf, beginning at the northerly cor- 
to the place of b^nnine, being loU Nos. 33 and 34 on ner of land of Henry Lawn on line of land of Tobias 
the plot of lots aforesaid. ISchobert, thence 80 8-10 perches to a post and stone 

Terms OP Sale— One-half of purchase money down " ' 

on day of sale, and balance on confirmation of sale and 
delivery of deed. 

SARAH R. HALE 



%^\,9»\^%^%»m ^P ».iB«»«sv>%r w*^ *^-svF |^^ppS %.raa wv *vr «» ^r\f^% asanji v^^^aa^*^. 

thence 26 4-10 perches to a post and stones on line 01 
land of Drumheller and Raedler, thence by said last 
named line 08 [4 perches to a post and stones, a comer 

_-. also of land of Charles Bfown, thence by line of said 

F. C. MOSIER, Administratrix. Charles Brown 44 perches to a post comer, being also 

Attorney. 3-5 j a comer of Jacob Breithaupt, tnence by line of land 

of said Jacob Breithaupt 40 perches to a post comer. 



ORPHANS' COURT SALE thence still by line of Jacob Breithaupt 60 perches to a 

E»uic of Philip Weiss, deceased. By virtue WV*^™*''' »»»«"<^« H'il^?.?"" °y*.'^^»?'*'**'t"Pf.^'* 
of an alias order of the Orphans' Court of Luicmc,Pfi;fl)f J^J^f^.^.^^^^JIL'^j^.^^P^A^^^^ 



county, there will be exposed to public sale, on ihc|0^ 'a"<*,«f "'<* W\[''a™)*^«^Pj>» 3-io P«rches to a stone 
premises in Conyngham township, on Saturday, the I *^^™«'•i!^« **^"f *^1"8 ^""«\> »"»*** f^^^^^^T"?; *^^« ^ 
3d day of Fcbmarv. 1883. at 12 o'clock M., the follow- »»»« public road leading from the Berwick and Hazleton 
ing real estate, wbich. by authority of the court, has t^n^P'^c to Drums post office thence along the south- 
been divided into purparts . as follows : I "'y .*'^*= r ^'*^ P"°''<^ .^*jl »^3^9-»o perches to a stone 
Purpart No i. Beginning at a comer in the bank of K^""*^^ ^" -a"" *«"^*^«''y *^^« of said public road, ai an 
the Sus^quehanna river, thence 76 4-10 perches, thence »".^,»« °f *«'l "^o**^- »"« «" ''»<= 9^ Hcnr>' Uwn afore- 

Sa-io per., thence a6 6-10 per, thence 32 7-10 per., *»«<». thence by line of land of said Henry Lawn 99 8-10 
ence 56 6-10 perches, thencV 108^ perchei, thence, P^^^**" »<> ^'if place of beginning, contomlng 133 acres 
ti% perches, thence lao perches to the Susquehanna '»"d 119 perches, strict measure ; there being about 77 
river, thence up said river to the comer, th? place of ^"es thereof improved, with two dwelling houses 
beginning, containing 102 acres and 133 perches, with L''^"^®"' .^'^t being iH-sior>- frame building, with two 
a fVamc dwelling, bank barn, siable, and^tbuifdings ''^''"f *"<1 «'*»" outbuildings, and an apple orchard of 
thereon ; reserving out of the same a church lot, and "*^^"y "*""" ^^""^ thereon. 

the right of wav of the land now used and secured by Terms op Sale-io per cent of the purchase money 
the North and West Branch Railroad Company. 1 »° ^^ P^^'J* »" »^«^ striking down of the sale, one-third 

Purpart No. a. Beginning at or near the church lot, ^J^^.f balance on confirmation of the sale, one-third on 
thence 133 4-10 perches, thence 176 perches, thence 75 ^o?"' ''• l^-^' ''"** ****" remaining one-third on Apnl i , 
perches, thence^ perches, thence 56 perches, thence '^5. with interact on the unpaid balance from confir- 
I08J4 perches to the place of beginning, containing 107 jnaiion of the sale; deferred payments to be secured 
acres and ^5 perches : o-i which are efected a dwelling ^Y ^""^ ^^^ "o-^ig^g^gnthc premises 
house, stable, and outbuildings. ^ r- » »xt« a *. ^'^^P^EN TURN BACH, 

Purpart No. 3. Beginning at a comer, thence 75' A. FARNHAM, Administrator, 

perches, thence 94 perches, thence 00 4-10 perches, Attorney. 4-6 

thence 78 perches, thence 50 perches, thence 176 — 

perches to the place of beginning, conuining 74 acres ^^^ry^.^^^, mfTRT <;aI F 
and 119 perches; on which are erected a dwelling # AKi'tiAW» yuuK 1 SAi^c. , „ , 
house, house, suble, and outbuildings ; about 50 acres I ^^ J^^t^\ °U°^ Kocher, deceased. By virtue of 
of good timber an order of the Orphans Court of Luzerne county, the 

Terms of Sale— I300 down, 25 per cent of balahce undersiened will sell ai public sale, at Yaple's Hotel, 
on confirmation of sale and delivery of deed, and the »" «*»« borough of Shickshinny. on Friday, February 
balance, with interest from confirmation, in one year ^^^.-.'^SB; at n o clock A. M , the following piece of 
from confirmation ; deferred payments to be secured 'and in Salem township, commencing on the northwest 
by bond and mortgage on the premises. *"<Je of the Lackawanna and Bloomsburg Railroad. 

BENJAMIN EVANS where Rocky Run passes under said railroad, and ran- 

C. B. JACKSON. Administrator, "'"g 10 perches, thence 16 perches, thence 12 perches. 

Attorney. 3-5 thence 12 perches, thence 16 perches, thence 4 perches 

_. „ J _ to a post and stones, the beginning of land belonging 

to Job Kocher, which is divided as follows: thence 

ORPHANS' COURT SALE. from last mentioned comer 40 perches to a stump and 

Estate sf John Bovey, deceased. By virtue of stones comer, thence 40 perches to a rock oak corner, 
an order of the Orphans' Court of Luzeme county, the thence 40 perches to a stake and stones comer 8 feet 
undersigned will sell at public sale, at the Arbitration from high ledge of rocks, thence 40 perches to the place 
room, in the Court House, in the city of Wilkes-Barre, of beginning, containing 10 acres of land ; Improved, 
on Tuesday, Febmary X3th, 188^, at j o'clock P. M.,^with a frame dwelling house and outbuibinss thereon, 
all that lot of land in the city of Wilkes-Barre, begin-' Terms op Sai-e— ;$ioo down on day of s5e, and the 
sing at a corner of lot No. i of J. Spargo's plot on balance on the confirmation of the sale. 
Hickory street, thence in a southwesterly direction! REUBEN GODSHALL, 

mnning along Hickory street 37'^ feet more or less to ISAAC P. HAND, Executor, 

lot No. 3, owned by Greesy, thence in a northwesleriy Attorney. 4-6 

26 



Digitized by VjjOOQIC 



ORPHANS' COURT SALE. 
Estate of Martin Williams, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public sale, on the premises, 
in the borough of Pittston, on Tuesday, the 13th day 
of February, 1883, at 2 o'clock P. M., all those lots of 
land, bounded and described as follows, to wit : 

I. Beginning at a corner on the northerly side of 
Parsonage street, also a comer of land of John R. 
Smith, thence along said Smith's land in a northerly; 
direction 19 feet to a point, thence in a northwesterly 
direction along other lands of Martin Williams, dec'd, 
69 feet to a comer of lands of Chester R. Patterson 
and of Patrick Fiuerty, dec'd, thence along said Pat- 
tenon's land in a southerly direction 78 feet to a corner 
on Parsonage street, and thence along Parsonage street j 
in an easterly direction 58 feet to the place of begin- 
ning, containing 3.000 square feet of land, more or less ; 
all improved, with a small one-story frame dwelling 
house, with kitchen attached, and fruit trees thereon. 

3. Beginning at a corner of other land of said Martin 
Williams, deceased, also a corner of land of John R. 
Smith, thence along said Williams' land in a westerly 
direction 69 feet to a comer of landi of Chester R. Pat- 
terson and of Patrick Finerty, deceased, thence along 
said Finerty's land in an easterly direction 41 feet to a 
comer of land of John R. Smith aforesaid, and thence 
along said Smith's land in a southerly direction 61 feet 
to the place of beginning, containing 1,800 square feet 
of lana, more or less ; all improved, with two small 
outbuildings and fruit trees thereon. 

Terms op Salb — One-half of purchase money down 
on day of sale, and balance on confirmatioa of sale and 
dchvery of deed. 

MICHAEL E. COLLIER, 

F. C. MOSIER. Administrator. 

Attorney. 3-5 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 643, October term, 1882. Libel in divorce a vin- 
culo matrimonii. Phoebe Morris, by her next friend, 
John T. Jones, v. William D. Moms. The alias sub- 
poena in the above case having been returned non est 
inventus, you, the said William D. Morris, are hereby 
notified to appear at said court, on Monday, the 5th 
day of March, 1883, at zo o'clock A. M., to answer the 
complaint therein filed. 

WILLIAM O'MALLEY, 
C. W. McALARNEY, Sheriff. 

Solicitor. 4-7 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 775, October term, i88a. Libel in divorce a vinculo 
matrimonii. Matthew Harrison v. Margaret Harrison. 
The alias subpoena in the above case having been re- 
turned non est inventus, you, the said Margaret Harri- 
son, are hereby notified to appear at said court, on 
Monday, the 5th day of Feomary, 1883, at 10 o'clock 
A. M., to answer the complaint therein filed. 

WILLIAM O'MALLEY, 
F. C. MOSIER, Sheriff. 

Solicitor. a-5 



ORPHANS' COURT SALE. 
Esute of Cecelia B. Carey, deceased. By virtue 
of an order of the Orphans' Court of Luzeme county, 
there will be sold at public sale, at the Arbitration 
room. Court House, at Wilkes-Barre. on Friday, the 
j6Lh day of February, 1883, at 10 o'clock A M., the 
following lot of land in Marcy township, beginning at 
a comer on the northwesterly side df the piiblic high-! 
way leading from Pittston to Providence, and where 
the southwcsierly line of John S. Marcy's land crosses 
the same, and thence along said line 6 6-10 perches to 
a post, thence 6 4-10 perches to a post, thence 6 6- 10 
perches to a comer in the side of the aforesaid high- 
way, thence along the said highway 6 4-zo perches to 
place of beginning, containing 40 perches ; improved, 
with a 3-story frame house and baclc building attached, 
stable and other houses thereon, and a well of excellent 
water near the back door or kitchen. 

Tbkms op Sale — ^300 down on day of sale, and bal- 
ance of purchase money on confirmation of sale and 
delivery of deed. 

B. F. CAREY, 

T. R. MARTIN, Administrator. 

Attomey. 4-6 

IR RE WESLEY W. HARNED, A LUNATIC 
In Common Pleas of Luzerne county. No. 163, 
November term, 1880. Take notice that the under- 
signed. Committee of said lunatic, has filed his final 
account of the real estate fund and a final account of 
the personal fiind in his hands to date, and the said 
accounts and the distribution made by him will be con- 
firmed on the 5th day of February, 1883, at 10 A. M. 
BENJAMIN HARRISON, 
Q. A. GATES, Committee. 

Attomey. 3-5 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 44, November term, 1883. Libel in divorce a vin- 
culo matrimonii. Rosa A. Dieffenbacher, by her next 
friend, Adam Lawn, v Daniel F. Dieffnbacher. Th^ 
alias subpoena in the above case having been returned 
non est inventus, you, the said Daniel F. Dieffenbacher, 
are hereby required to appear at said court, on Mon- 
day, February s, 1883, at 10 o'clock A. M., to answer 
the complaint therein filed. 

WILLIAM fVMALLEY, 
T. R. MARTIN, Sheriff. 

Solicitor. a-5 

LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 106, November term, i88a. Libel in divorce a 
vinculo matrimonii. James Henderson v. Catharine 
Henderson. The alias subpoena in the above case 
having been relumed non est inventus, you, the said 
Catharine Hendeison, are hereby notified to appear at 
said court, on Monday, February 5, 1883, at xo o'clock 
A. M., to answer the complaint therein filed. 

WILLIAM O'MALLEV, 
ALFRED DARTE, Jr., Sheriff. 

Solicitor. a-5 



ESTATE OF SAMUEL WOLFE. LATE OF 
Union township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 63, November term, 1883. Libel in divorce a 
vinculo matrimonii. Sarah Ann Elliot, by her next 
friend, Elizabeth Holdsworth, v. James Elliot. The 
alias subpoena in the above case having been returned 
non est inventus, you, the said James Elliot, are hereby 
notified to appear at said court, on Monday, the 5th 
day of February, 1883, at 10 o'clock A. M., to answer 
the complaint tnerein tiled. 

WILLIAM O'M ALLEY, 
ALFRED DARTE,Jr , Sheriff. 

Solicitor. 



a-5 



chem for payment, and those indebted thereto will 
please make immediate payment to 

BENJAMIN GREGORY, 



NOTICP- IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporations," approved a9th 
April, 1874, and the supplements thereto, for the incor- 
poration of^an intended corporation, to be called " The 
Gardner's Creek Coal Company,' the character and 
objects of which are the mining, preparing, shipping, 
selling, purchasing, and otherwise aealing in anthracite 
coal, and also the leasing, purchasing, and holding real 
estate connected therewith. 

G. MORTIMER LEWIS. 
Administrator. ^3-5 Solicitor. 

27 



Digitized by 



Google 



AUDITOR'S NOTICK. | T7STATE OF CHARLES PIKE 

The undersigned, an Auditor, appointed by thei XL city of Wilkes- Barrc, deceasea. 



STATE OF CHARLES PIKE, LATE OF THE 



Court of Common Pleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of Chas. Murrin. will attend to the duties of his 
appointment, at his office, on Franklin street, in the 
city of Wilkcs-Barre, on Saturday, February lo, 1883, 
at iz o'clock A.M., at which time and place all persons 
having claims against said fund are notified to present 
the same, or be debarred from coming in on said fund. 

G. L. HALSEY. 
3-6 Auditor. 



INSTATE OF EDMUND 



E: 
Lackawanna low; 
wanna^ county, deceased. Letters of administration 
upon tne above named estate having been granted to 
the undersigned, all persons having claims against the 
same will present them for payment, and those indebted 
thereto wul please mstke immediate payment to 

T. R. HUGHES, Adm'r d. b. n. c. t. a., 
N. TAYLOR, Scranton, Pa. 

Attorney. 52-5 



Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present thun 
for payment, and those indebted thereto will please 
make immediate payment to 

BELINDA A. PIKE. 
A. DARTE, Jr.. Administratrix. 

Attorney. 2-7 



ESTATE OF JANE 
Kingston, deceased. 



MYERS. LATE OF 



Letters of administration upon the above named 



lUND JAMES, LATE OF estate having been granted to the undersigned, all per 
nship, Luzerne (now Lacka- ^^^^ having claims against the same will present then 



for payment, and those indebted thereto will please 
make immediate payment to 

D. S. BENNET. 
2-7 Administrator. 



ESTATE OF PATRICK MOYLES, LATE OF 
Laurel Run borough, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
STATE OF THOMAS HUTCH INS, LATE OF J^"* *»»^'"8 <^^»'"f* JK*'*^' »^« same will present them 



Kingston township, deceased. 

Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
tor payment, and those indebted thereto will please 
make immediate payment to 

R. H. WEIR, 
R. H. HUTCHINS, 
McLEAN & JACKSON. Administrators. 

Attorneys. 52-5 



for payment, and those indebted thereto will pie 
make immediate payment to 

JAMES MOYLES, 
52-5 Administrator. 

ESTATE OF MARTHA E. MOORE. LATE OF 
Wilkes- Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

CALVIN PARSONS. 
52-5 Administrator. 



ESTATE OF HIRAM GEORGE, LATE OF 
Nanticoke, deceased. 
Letters of administration upon the above named ' 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present thei 
for payment, and those indebted thereto will please 
make immediate payment to 

AMANDA GEORGE, , ,..-..-.. ... - 
F. C. STURGES, Administratrix, kons having claims against the same will present them 
Attorney. 2-7'"''' payncn^i and those indebted thereto will please 
_._ ^^ ^ make imi 



ESTATE OF CORNELIUS DOUGHERTY, 
late of Ashley, deceased. 
Letters of administration upon the above named 
j estate having been granted to tne undersigned, all per- 

the 



ESTATE OF EDMUND GRIMES, LATE OF, 2-7 
Plymouth, deceased. 
I..etter8 of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
th.;m for payment, and those indebted thereto will 
please make immediate payment to 

DAVID GRIMES, 



immediate payment to 

ELLEN A. CARLE. 

Administratrix. 



GEO. W. SHONK. 

Attorney. 



Administrator. 



ESTATE OF JULIA M. TITCOMB. LATE 
of Ashley, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all i>er- 
sons having claims agains^ the same will present them 
for payment, and those indebted thereto will please 
I make immediate payment to 

W. B. HARROWER, 
(2-7 Administrator. 



ESTATE OF EPHRAIM R. 
of Ross township, deceased. 
Letters of administration upon 



KITTLE, LATE ,j.^^g ^^ ^^ j^ SPERRING, LATE OF 

the above named! -V Wilkcs-Barre, deceased, 
estate having been granted to the undersigned, all per- i Lc"*"?: testamentary upon the above named estate 
sons having claims against the same will present themit*^!"^ »>««» granted to the undersigned, all persons 
for payment, and those indebted thereto will please ^^^^'^K ?*»'"\* a«a'"st the same will present them duly 
make fmmediate payment to authenticated for payment, and those indebted thereto 

WILLIAM E. KITTLE. «^'» Pl««« "^^^e Paynjent to ^„_„,_ 

M.CANNON, Administrator d.b.n ' Rc-vvtrx-r «, xii/tSi^w i- ' . 

Attorney 2-7 BENNETT & NICHOLh, Executor. 
. _ -" _ _ - ., I Attonicys. 1-6 



ESTATE OF JOHN BEHEE. LATE OF THE; 
city of Wilkes- Barre, deceased. 
Letters tesumentary upon the above named estate; 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to , 

MERCY B. BEHEE, 
L. D. SHOEMAKER, Executrix. I 

Attorney. 2-7 

28 



ESTATE OF HENRY SCHAEFER, LATE OF 
Hazleton, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

WILLIAM SCHAEFER. 
J. A. GORMAN, Administrator. 

Attorney. i -6 



Digitized by VjjOOQIC 



The Luzerne Legal Register. 



Vol. XII. Friday, February 9, 1883. No. 6. 



(Sonrt of (Eommon )]}lea9 of Cujenu Cotintn. 



Sheridan v. Spare. 

Tr€*pas»—CHy foumei—High canstabU. 

Aahnab iawfufiy confined in tke city pound (Wilkes-Barre) are in the custody of the high constable, 
and he may maintain trespass against a defendant who unlawfully takes the same from his 
■possession. 

The opinion of the court was delivered December 1 1, 1882, by 

Rice, P. J. — ^The exceptions of the plaintiff in error are based 
on the erroneous assumption that the proceedings before the 
alderman were to recover a penalty for the breach of a city ordi- 
oance. This is a mistake. The action is trespass, and the 
question is, whether such action can be maintained by the high 
constable of the city against a defendant for releasing a cow im- 
pounded by the former. We think it may. By section second 
of the city ordinance relating to animals, he is made the custodian 
of animals confined in the city pound, and the owners of such 
animals cannot require their release from his custody until the 
constable's fees and necessary expenses are paid (§ 3). In case 
these are not paid, h.e is authorized to sell the animals, and, first 
having deducted all charges and expenses, to pay over the bal- 
ance received to the city treasury. The actual possession, cou- 
pled with such, authority and interest as to remuneration, was 
sufficient to entitle him to maintain the action, i Ch. PI. *c68, 
etc.; 2 Br. T. & H. Prac. §§ 1563, 1574. 

The proceedings are affirmed. 

P. H. Campbell. Esq., for plaintiff in error. 
W. S. McLean, Esq., for defendant in error. 



Digitized by VjjOOQIC 



44 HiLDRETH V, ReILLY. 



Court of Common Jpleos of fiu^riu Conntg- 



HiLDRETH V. ReILLY. 

Certiorari-^Amendwtent o/c<msiahl«^t return. 

Where the proceedings of a jtistice of the peace have been brought up on etrtiorari^ the court has 
no authority to permit the constable to amend his return to the suitamons. 

Rule to show cause why the constable should not be allowed 
to amend his return. 

The opinion of the court was delivered November 27, 1882, by 

Rice, P. J. — On the face of the record, the proceedings are 
regular, and must be sustained. The application of the constable 
to be permitted to amend his return cannot be allowed. It would 
seem from the depositions that the copy of the summons served 
on the plaintiff in error was not an exact copy, in that the name 
of the plaintiff below was omitted, but it stated the time and place 
when, and the alderman before whom it was returnable. For 
such an error, the remedy of the plaintiff in error, if any, is by 
action against the constable. Technically, he did not make a 
true return to the summons, but we fail to see how the plaintiff 
in error could have been harmed thereby, had he attended at the 
time and place named. But, however this may be, the conse- 
quences of the mistake of the constable cannot be visited on the 
defendant in error, when neither he nor the alderman were guilty 
of any misconduct, or, indeed, knew of the mistake. Further, this 
record comes before us simply for review, and to permit an 
amendment of a return made to the lower tribunal would be an 
unheard of and unwarranted proceeding. As was said by Judge 
Agnew in O. & P. R. R. Co. v, Brittain (i Pitts. 273), "the cor- 
rection of a return belongs to the tribunal or court wherein it is 
made, and not to the court above." 

The rule granted November I, 1882, is discharged, and the 
proceedings are affirmed. 

W. P. Ryman, Esq., for plaintiff in error. 
P. H. Campbell, Esq., for defendant in error. 



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O'Hara V, Mutual Aid Society. 4g 



(ffourt of (JTommou JJlms of Ctijerm (JTotintB. 



0*Hara V, Mutual Aid Society. 

Corporation — Service of summon*. 

A summons against an insurance company having its principal office in another countjr cannot be 
served on a soliciting Hgent residing in this county, who is merely authorised to receive applica^ 
tions and admission lees, and such assessments and annuals as may be sent to him for coUectioi^ 

Rule to show cause why service of summons shall not be set 
aside. 

The opinion of the court was delivered November 27, 1882, by 

Rice, P.J. — ^This is an action of debt, and the return of service 
of the summons, so far as the same is material, is as follows: 
"Served this writ 4th April, 1882, on the within named The U. B. 
Mutual Aid Society, of Lebanon, Pa., by leaving in the hands of 
M. W. Harris, agent for said society, a true attested copy of this- 
writ, and made contents known," etc. The deposition shows 
that the principal office of the defendant corporation is located 
at Lebanon, and that the said M. W. Harris resides at Wilkes- 
Barre. He is a soliciting agent, being authorized to receive 
applications and admission fees, and also such assessments and 
annuals as are sent to him for collection. Clearly he does not 
belong to either class of persons enumerated in the act of June 
13, 1836, section 41 (P. L. 579; P. D. 286, //. 25). It is extremely 
doubtful whetljer the agency of Mr. Harris is such as to authorize 
service on him in this county under section 6 of the act of April 
8, 1 85 1 (P. L. 354; P. D. 287,//. 31). The words used in that 
section, " have an agency or transact any business/* have been 
held to refer to branch offices, or agencies for the transaction of 
business, and not to authorize service on an agent for procuring 
applications for insurance, to be transmitted to the regular office 
of the company for action. Parke v, Ins. Co., 8 Wr. 427. In 
the case of Harrison v. The Col. Ins. Co., the service of the sum- 
mons on an agent residing in the county was set aside by Judge 
Conyngham, and if we are not mistaken in our recollection, the 
duties of the agent were substantially the same as in this case. 



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46 Vincent v. Warner. 

But, aside from this consideration, it was held in Cochran v. The 
Library Co. (6 Phila. 492), by Mr. Justice Sharswood, sitting at 
nisi prius, that the above section related solely to foreign corpo- 
rations. This we understand to be the settled construction of 
the statute. 

The rule is made absolute. 

. J. T, Lenahan, Esq., for plaintiff. 

C. E. Hawley and A. Ricketts, Esqs., for defendant 



(ilourt of Common IpUcm of |)l)Uabel|)l)ia (Eountp* 



Vincent v. Warner. 

An infant may be arrested upon a capias ad respondendum for torts committed. He cannot execute 
a bond, and must, therefore, either submit to imprisonment, or by the aid of a next h^end 
appear, and by interposition of that friend execute a bond. 

Rule to abate capias. 

The defendant, a minor, was arrested on a capias for an assault 
and battery on John Vincent, and held under $500 bail. On 
December 9, 1882, a rule was taken to show cause why the writ 
o{ capias issued in above case should not be abated. 

The opinion of the court was delivered January 27, 1883, by 

Ludlow, P. J. — Undoubtedly an infant may be arrested upon 
a capias ad respondendum for torts committed. It is also true 
that he cannot execute a legal bond; he must, therefore, either 
submit to imprisonment, or by the aid of a next friend appear, 
and by the interposition of that friend execute a bond. In this 
case we think that the amount of the bond should be reduced to 
$200, and when a bond for that amount is prepared, submitted 
and approved, we will direct the defendant to be discharged from 
the custody of the .sheriff. 

Rule discharged. 



Digitized by VjjOOQIC 



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AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of C. D. Wells, will attend to the duties of his 
appointment, at his oflSce. on Franklin street, in the 
jcity of Wilkes-Barre, on Tuesday. Fcbniary 27. 1883, 
at 10 o'clock A. M.,at which time and place all parties 
interestea are notified to appear and present their 
claims, or be debarred from coming in on said fund. 

HENRY A. FULLER. 
5-8 Auditor. 



AUDITOR'S NOTICE. 
In Re Indebtedness of Wright township. The 
undersigned has been appointed an Auditor to ascer-. 
tain and marshal the indebtedness of the above town- 
ship. All those who have claims or demands against 
the same are required to present them before me, ok 
Saturday, the 3d of March, 1883, at 10 o'clock A. M. 

S. J. STRAUSS, 
5-8 Auditor. 



AUDITOR'S NOTICE. 
Ihe undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzerne county to dJNtrib- 
uie the fund arising from the Sheriff's sale of the real 
esute of Chas. Murrin. will attend to the duties of his 
appointment, at his office, on Franklin' street, in the 
city of Wilkes-Barre, on Saturday, Februar>' 10, 1883, 
at II o'clock A.M., at which time and place all persons 
having claims against said fund arc notified to present 
the same, or be debarred from coming in on said fund. 

G. L. liALSEY. 
3-6 Auditor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporations," approved April 
29, 1874, and the supplements thereto, for the incorpo- 
ration of an intended corporation, to be called " The 
Hazleton Coffin and Casket Works and Planing MiU 
Company," the character and objects of which are the 
manufacture of and dealing in coffins, caskets, and 
undertakers' supplies, and materials of all kinds, and 
the manufacture of and dealing in all kinds of wood 
work, cabinet, carpenter, and building material. 
GEO. H. TROUTMAN, 
<5-8 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to the Court of Common 
Pleas of Luzerne county, on Monday, March 5, 1883, 
at II o'clock A. M.. under the Act of Assembly of the 
Commonwealth of Pennsylvania, entitled "An Act to 
provide for the incorporation and regulation of certain 
corporations," approved April 29th, 1874. and the sup- 
plements thereto, for the charter of an intended corpo- 
ration, to be called *' The Freeland German Comet 
Band," the character and object whereof is for social 
enjoyment and the culture of music, and for these pur- 
poses to have, possess and enjoy all the rights, benefits 
and privileges of said Act of Assembly and supplements. 

C. W. ICLINE, 
6-8 Solicitor. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 643, October term, i88a. Libel in divorce a vin- 
culo matrimonii. Phoebe Morris, by her next friend, 
John T. Jones, v. William D. Moms. The alias sub- 
poena in the above case having been returned non est 
inventus, you, the said William D. Morris, are hereby 
notified to appear at said court, on Monday, the sth 
day of March, 188^, at 10 o'clock A. M., to answer the 
complaint therein filed. 

WILLIAM O'MALLEY, 
C. W. McALARNEY, Sheriff. 

Solicitor. 



4-7 



29 



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SHERIFF'S SALES. 
Abstract uf property to be sold by Wm. O'Mallcy, 
Sheriff of Luzerne county, on Saturday, March ^d, 
A. D. 1883. at xo o'clock A. M.. at the Arbitration 
room, in the Court House, Wilkes-Barre, who will 
proceed with the different properties in the order in 
which they are numbered, to wit : 
I 

Suit of Christian H. Sherer, assigned to William B. 
Miichcl, V. Arnold Bcrtels. 

IQ16 September term, 1878. Debt, |2,soo. Fi. ia. 
2 Nlarch term, 1883. Darte, Jr., Att'y. 

All the one-third part undivided of all tne following 
described pieces of land, in the city of Wilkes-Barre, 
to wit : 

X. Beginning at a comer of lot of A. Bertels on a 
street running nearly cast from Main street, '^t a point 
nearly opposite Wood street, thence along line of said 
Bends' lot about 120 feet to a corner, thence about 20 
feet to a corner, thence about ao feet to land .sold to 
Jacob Farrek. thence along said Farrek's land about 
I20 feet to said street, thence along said street 20 feet 
to the place of beginning, containing about 2,400 square 
feet of land. 

3. Beginning at a comer on the southeast side df 
Careytown road, thence at right angles to said road 
along line of lot now or late of Charles Morgan & Son 
ao4 feet to line of the old Lehigh and Susquehanna 
Railroad, ihence in a southerly direction alons said 
railroad about*45 feet to a corner of lot now or uite of 
Simon Long,Tmstee, thence along said Long's lot 237 
feet to said Careytown road, thence northeasterly along 
said road 40 feet to the place of besinning, containing 
8.620 square feet of land, being lot No. 7 as shown on 
plot made by C. Scharer. 

3. Beginning at a comer of land now or late of Abi- 
gail Hotchkiss, and running thence along the line of 
Canal street 3 perches to a corner, thence adjoining 
land now or late of Jesse Fell 8 perches to a comer, 
thence to a comer on land of said tesse Fell 3 perches, 
thence on the line of Abigail Hotchkiss' land 8 perches 
to besinning, containing 34 square perches of ground. 

4. Beginning at a comer on Washington street, 
thence 344 feel to a comer, thence 40 feet to a comer, 
thence along land of the Jewish Synagogue 344 feet to 
said Washington street, and thence along said street 
40 feet to the place of b^iuiing. 

5. Fronting on Scott street, between Pine street and 
Baltimore lane, the same being about 50 feet front on 
said Scott street, and extending in the same width to 
the depth ot 150 feel, containing 7.500 square leet of 
land. 

6. Beginning at a corner on the northwest side of 
Oregon street, at the south corner of lot now or late of 
Levi King, thence along said Oregon street 56 feet 10 
inches to a corner of lot now owned by John L James, 
thence along said James' lot 146 feet 10 inches to the 
school house lot, thence 57 feet 3 inches to said Levi 
King's lot, thence about 140 feet to said Oregon street, 
the pbce of beginning, conuining about 8,153 square 
feet of land. 

7. Beginning at a comer on Bamcy street about 80 
feet west from Wood street, and in line of land sold to 
Charles Feuerstein, thence at right angles to said Bar- 
ney street and along said line about too feet to land 
late ot Henry House, thence along the same and par- 
allel with said Bamey street xao feet to land late of 
Mrs. Mann, thence along said Mann lot about 100 feet 
to said Barney street, thence along said street about 
I30 feet to the place of beginning, containing about 
13,000 square feet of land. 

8 Being the surface of those two lots adjoining, on 
the northeast side of Parrish street, beginning at a 
comer about 330 feet from Hazle avenue, thence at 
right angles from said street about 300 feet to land for- 
merly ot Jonathan Jones, thence along the same par- 
allel with said street 80 feet to a comer, thence at right 
angles to line of said Jones lot about aoo feet to said 
Parrish street, and thence along said street about 80 
feet to the place of beginning, containing about 16,000 
square feet of land. 

9. All that piece of land in the township of Lake, 
commencing on the comer of lands in the warrantee 
names of Allen Bump and Herman Chambers north 

30 



251 perches to a comer, ihence east 338 perches .ilong 
line in warrantee name of A. Bailey to a comer, thence 
south 257 perches along line of lands in warrantee 
names of Amasa Bailey and Adam Mann, thence west 
128^ lurches along line of warrantee names of Allen 
Bump and Nancy Mann to a comer, being a tract of 
land in the warrantee name of Amasa Bailey, contain- 
ing 474 acres and allowance ; unimproved. 
a 
Suit of Oscar J. Harvey, assigned loOlin F. Harvey, 
v William P. Rudolph and Martha £. Rudolph, his 
wife. 

423 May term, 1883. Debt, $817 6x. Al. lev. fa. 
1 March term, 1883. Harvey, Att'y. 

A certain piece of land in the city of Wilkes-Barre, 
'beginning at a corner on Orchard street, thence by the 
I same 40 feet to a comer, thence 300 feet to a comer, 
'ihcncc 40 feet to a corner, thence 300 feet to the place 
of bv^inniiiK : all coal and other minesals reserved to 
I Heading &. Hunt ; improved, with one two-stor> frame 
'dwelling house and outhouses thereon. 6-8 



LUZERNE COUNTY ss: 
In Re Assignment of A N. Meylert for the ben- 
efit of creditors. Notice is hereby given that the 
Executors of the last will and tesument of H. B. 
Wright, deceased, have exhibited and filed a final 
account of the said H. B. Wright, Tmstee for the 
estate of A. N. Meylert, which account will be con- 
firmed and allowed on the 5th day of March, 1883, 
unless cause is shown to the contrary. 

JAMES M. NORRIS, 
6-8 Prolhonotary. 



IN THE COURT OF QUARTER SESSIONS 
of Luzerne county. No. 161, December sessions, 
1882. In Re Division of the township of Lehman 
into Election District. Notice is hereby given that 
the report of the Commissioners in the above stated 
case has been filed with the Clerk of the Court of 
Quarter Sessions, and was confirmed nisi by the court 
on the 39th of January, 188^, and that said report 
will be confirmed absolutely oy the court, unless ex- 
ceptions thereto be filed not later than the third day 
of the next term of said court. 

LOUIS K. STRENG, 
5-7 Clerk Q. S. 

ESTATE OF ELIZABETH KNAPP, DEC'D. 
In Orphans' Court of Luzerne countv. Tn Re 
Petition of John Cooper for appointment of^ Guardian 
ad litem for children of Joseph L). Cooper, etc. 

Now, 5th February, 1883. rule is granted to sho«^ 
cause why the said minor children of Joseph D.Cooper 
shall not appear in court on or before the 5th day of 
March, 1883, and choose Guardians to represent thexn 
in this est.ite,and in default thereof to show cause why 
John Cooper, the petitioner, should not be appointed 
Guardian ad litem. Notice to be given by advertise- 
ment in one weekly newspaper in said county for three 
weeks, a copy of said newspaper to be mailed to the 
last residence of Sarah Cooper, mother of said minor 
children. Bv thk Court. 

Certified from the records, this jih Febmary, 1883. 
JOSEPH HENDLER, Clerk O. C, 

Per B. M. Crary, Ass't. 
F. C. STURGES, 

Attorney. 6-a 

LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 53, November term, 1883. Libel m divorce a 
vinculo matrimonii. Mary J. Morgan, by her next 
friend, David Maxey, v. David C. Morgan. The alias 
subpoena in the above case having been retumed non 
est inventus, you, the said David C Moigan^are here- 
by notified to appear at said court, on Monday, March 
5, 1883, at II o dock A. M., to answer the complaint 
therein filed. 

WILLIAM O'MALLEY, 
GEO. H. TROUTMAN, Sheriff. 

Solicitor. 6-9 



Digitized by VjjOOQIC 



ESTATE OF EDMUND GRIMES, LATE OF 
Plymouth, decesised. 
T.ctters of administration upon the above named 
estate having been granted to the underKigned, all 
persons having claims against the same will present 
th^m for payment, and those indebted thereto will 
please make immediate payment to 

DAVID GRIMES, 
GEO. W. SHONK, Administrator. 

Attorney. a-7 



ESTATE OF EPHRAIM R. KITTLE, LATE 
of Ross township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for paj/ment, and those indebted thereto will please 
make immediate payment to 

WILLIAM E. KITTLE, 
M. CANNON, Administrator d.b.n 

Attorney. a-7 



ESTATE OF JOHN BEHEE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

MERCY B. BEHEE, 
L. D. SHOEMAKER, Executrix 

Attorney. 2-7 



ESTATE OF CHARLES PIKE. LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment,^ and those indebted thereto will please 
make immediate payment to 

BELINDA A. PIKE, 
A. DARTE, Jr., AdminUtratrix. 

Attorney. 2-7 



ESTATE OF lOHN GILLESPIE, LATE OF 
Hazle townsnip, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
■lake immediate payment to 

OWEN GILLF^PIE, 
JOHN D. HAYES, Administrator. 

Attorney. 5-10 



ESTATE OF ELIZABETH CONNELL, LATE 
of Pittston, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mak^ 
immediate payment to 

T. A. COLLIER, 
JOHN H. MULLIN, 

Executors. 



F. C. MOSIER, 



Attorney. 



5-10 



ESTATE OF THOMAS HUTCHINS, LATE OF 
Kingston township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having daims against the same will present them 
for parent, and those indebted thereto will please 
make immediate payment to 

R. H. WEIR, 
R. H. HUTCHINS, 
McLEAN & JACKSON. Administrators. 

Attorneys. 52-5 



ESTATE OF JANE MYERS, LATE OF 
Kingston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per> 
sons having claims against the same will present them 
for payment, and those indebted thereto will pleas« 
make immediate payment to 
I D. S. BENNET, 

12-7^ Administrator. 

ESTATE OF CORNELIUS DOUGHERTY, 
late of Ashley, deceased. 
Letters of administration upon the above named 
esutc having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ELLEN A. CARLE, 
a-7 Adm inistratrix. 

ESTATE OF JULIA M. TITCOMB, LATB 
of Ashley, deceased. 
Letters of administration upon the above named 
csute having been granted to the undersigned, all per* 
sons having claims against the same will present them 
for payment, and those indebted thereto will pleas* 
make immediate payment to 

W. B. HARROWER. 
a-7 Administrator. 

ESTATE OF HIRAM GEORGE. LATE OF 
Nanticoke, deceased. 
Letters of administration upon the above named 
esute having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will pleas* 
make immediate payment to 

AMANDA GEORGE, 
F. C. STURGES, Administratrix. 
Attorney. 3^ 

ESTATE OF W. H. SPERRING, LATE OF 
Wilkes-Barre, deceased. , 

Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

THOMAS SPERRING, 
BENNETT & NICHOLS, Executor. 
Attorneys. x-^ 

ESTATE OF HENRY SCHAEFER, LATE OF 
Hazleton, decesised. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those Indebted thereto will please 
make immediate payment to 

WILLIAM SCHAEFER, 
J. A. GORMAN, Administrator. 
Attorney. x-6 

7 STATE OF ANTHONY MEYERS, LATE OW 

^ Hazleton, deceased. 

Letters of administratfon upon the above named 
esute having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immediate payment to 

H. W. MEYERS, 

A. R. BRUNDAGE, Administrator. 
Attorney. 5.1© 

ESTATE OF MARTHA FAIRCHILD, LATE 
of Nanticoke, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per^ 
sons having claims against the same will present then 
for payment, and those indebted thereto will please 
nsake immediate payment to 

SAMUEL LINE, 
BENNETT & NICHOLS, Adminutr^r. 

Attorney. 5-10 

31 



Digitized by KjOOQ IC 



ORPHANS' COURT SALE. 'stoiws ^corner, thence 40 perches to a rock oak comer. 

Estate of Solomon Yost, deceased. By virtue thcnCe 40 perches to a stake and stones comer 8 feet 
of an order of the Orphans' Court of Luzerne county, from high ledge of rocks, thence 40 perches to the place 
there will be exposed to public sale, on the premises, of beginning, containing 10 acres of land; improved. 
In the township of Sugarloaf, on Friday, February 16, with a frame dwelling house and outbuibings ihereon. 
1883, at 3 o'clock P. M., all that tract of land in the Terms op Sals— ;$ioo down on day of :iale, and the 
township of Sugarloaf, beginning at the northerly cor- 1 balance on the confirmation of the sale. 
-.— ^e i«_j ^c \j. I iT_« ^e I I ^f nv.u:-..! DCiTucxr r-*\r^c 



REUBEN GODSHALL. 
ISAAC P. HAND. Executor. 

Attorney. 4-6 



ner of land of Henry Lawn on line of land of 1 obias 

Schobert, thence 80 8-10 perches to a post and stones,! 

thence 26 4-10 perches to a post and stones on line of I 

land of Dmmheller and Raedler, thence by said last 

named line gS\o perches to a post and stones, a corner „^ ^,^ ,,».^,, 

also of land of Charles Brown, thence by line of said' T UZERNE COUNTY, .ss : 

Charles Brown 44 perches to a post corner, being alsoi JL* l" the Court of Common Pleas of said county. 

a comer of Jacob Breithaupt, thence by line of land No. 63, November term, 1882. Libel in divorce - 



of said Jacob Breithaupt 40 perches to a post comer 

thence still by line of Jacob Breithaupt 60 perches to a 

post comer, thence by line still of Jacob Breithaupt 24 ., , , 

perches to a corner of William Walp. thence by line granted a rule on you to show cause why a divorce s 

Of land of said William Walp 61 3-10 perches to a sione I vinculo matrimonii shall not be made and entered in 

Corner(thc stone being buried) in the southerly side of ^avor of the libcllant, service of the original and alias 



vinculo matrimonii. Sarah Ann Elliot, by her next 
friend, Elixabeth Holdsworth, v. lames Elliot. To 
James Elliot — Please lake notice that the court has 



subpoenas having failed on account of your absence. 
Returnable on Monday. March 5, 1883, at 10 A. M. 

ALFRED DARTE, Jr , 
6-7 Solicitor. 



the public road leading from the Berwick and Hazlcton 
turnpike to Dmms post office, thence along the south- 
erly side of said public road 163 9-10 perches to a stone 
(buried) in the southerly side of said public road.a* an 
angle of said road, ana on line of Henry Lawn afore- 
said, thence by line of land of said Henry Lawn 99 8-10! _ TTyc-pvr rnirvTV 
perches to the place of beginning, containing 133 acres! f UZtKXN t. t..uur>i 1 y , ss . ^ . . 

ind .19 perches, strict intasure ; there being .^bout 77' Jt ^" 0*= Sf"'^ ""^ ^Tq"""". ??* °^-^'** ''"""•^ 
acres ihcreof improved, with two dwelling housesi No. 597. October term. ,882 Libel in divorce a vin- 
Ihereon, each being i^-story frame building, with two "»!«."»*""' ^T'' "^""^^ ^^'i^^^/ ^^ her ne.xt friend, 
barns and other outbuildings, and an apple orchard of ^'"'^™ Kiiching, v. Francis Barker. The .nlias sub- 
nearly four acres thereon. ! po^"'-^ »" »^« »^oy;« "^""^ h^^^n^ been returned non est 
TeJims OP Salb-io per cent of the purchase money I •"^'^rlM*. V""- »*»» said Francis Barker, are hereby 
to be paid on the striking down of the sale, one-third ""»'^»«<* i° ^PP*^!; *' f ^ court, on Monday, the sih 
of the balance on confirtSation of the sale, one-third onl^*y ^^ March. 1883, at 10 o clock A. M., to answer 
April I, 1884, and the remaining one-third on April i,!^'^« complaint therein filed. 



1885, with interest on the unpaid balance from confir- 
mation of the sale : deferred payments to be secured 
by bond and mortgage on the premises. 

STEPHEN TURNBACK, 
A. FARNHAM, Administrator. 

Aitomey. 4-6 



ILLIAM O'M ALLEY, 
EDWARD A. LYNCH, Sheriff. 

Solicitor. 6-9 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 113, February term, 1882. Libel in divorce a vin- 

ORPHANS' COURT SALE. C"lo matrimonii. Janet Weir, by her next friend. 

Estate of Cecelia B. Carey, deceased. By virtue An>crt W. Detrick. v. William Weir. 1 o W illiam 
of an order of the Orphans' Court of Luzerne county,! W.«'"^P'«a**^ ^^^f "o"" that the court has granted a 
there will be sold at public sale, at the Arbitration |r»'e on you to show cause why a divorce a vinculo 
room. Court House, at Wilkes-Barre, on Friday, the' "Va^rT?."" ****" "°* be made and entered in favor of 
i6ih day of February. 1883. at 10 o'clock A M.. ihc^^e libcllant, service of the subpoena having failed on 
following lot of land in Marcy township, beginning at; account of your absence. Returnable February 23d, 
a corner on the northwesteriy side of the public high- *°83, at 10 o clock A. M. vfociFO 

Way leading from Pittston to Providence, and where! *• ^- "'OSIER, 

the southwesterly line of John S. Marcy's land crosses I °"7 Solicitor, 

the same, and thence along said line 6 6-10 perches to ' ~ 



a post, thence 6 4-10 perches to a post, thence 6 6-101 »-"\QXATir nir pttv 
perches to a comer in the side of the aforesaid high-' Jj^^ 1 A i fc ur k t v 



way, thence along the said highway 6 4-10 perches to 



CHAS. A. MATTINGLY, 
late of Nanticoke, deceased. 
Letters testamentary upon the above named estate 



place of beginning, containing 40 perches: improved, having been granted to t"Ke undersigned, all persons 
with a 2-story frame house and back building attached,. ^„-° ,r ■ * • • ...*«'.>' y. 

.>»ki. «^ J -..1 u .k— ...^^ J -. ...„ii „f II . i naving ci 



wiin a 2-siory irame nouseana oacK Duiioing aiiacnea.ii „„• " ,u;«„r«.,..:r.»f tk- «..«,.. ...:ii ^....«.,» .k — c^ 
•table and otLr houses thereon, and a well of excellen !^^^^8 f *'™5 fk«^'"?„Hch,Xhrrl.o^XTn^^^^^^^ t 
Vater near the back door or kitchen. P^^SL,' nimen! "^debted thereto will please make 

Terms of Sale-$3oo down on day of sale, and bal- '™"'*^**'^'*=^5lX^''5yQI^,^S T RAY 
ance of purchase money on confirmation of sale and! REV TIMOTHY I Doi»IOHUE 

B F CAREY ^-11 Executors. 

T. R. MARTIN, Administrator. 



Attorney. 



_^| "pSTATE OF JOHN BARNEY, LATE OF THE 



. borough of Nanticoke. deceased. 

ORPHANS' COURT SALE. Letters of administration upon the above named 

Estate of Job Kocher, deceased. By virtue of .estate having been granted to the undersigned, all per- 
«n order of the Orphans' Court of Luzerne county, the sons having claims against the same will present them 
undersigned will sdl at public sale, at Yaple's Hotel, for payment, and those indebted thereto will please 
In the borough of Shkkshinny, on Friday, February make immediate payment to 
16th. 1883, at II o'clock A. M , the following piece of, CATHARINE BARNEY, 

land in Salem township, commencing on the northwest ^n Administratrix. 

side of the Lackawanna and Bloomsburg Railroad,' ^ !_ 

where Rocky Run passes under said railroad, and run- 
ning 10 perches, thence 16 perches, thence 12 perches, W. g, PARSONS, 
thence 12 perches, thence 16 perches, thence 4 perches 

to a post and stones, the beginning of land belonging AlDERMAN 

to Job Kocher, which is divided as follows : thence ' 

from last mentioned comer 40 perches to a stump andi Market Strsst, Wilkrs-Barre, Pa. 

32 



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The Luzerne Legal Register. 

Vol. XII. Friday, February i6, 1883. No. 7. 

Smpreine (STaurt of IJennsgbania. 



Ewing's Appeal. 

I . K/rme sole trcuier has power to bind herself by agreement for the sale of her real estate, without 
acknowledgment of said agreement, or the joining of her husband therein, and although she was 
living with her husband at the time of making the agreement. 

a. l!k|uity will specifiically enforce such agreement against her. . 

Appeal from the decree of the Court of Common Pleas of 
Allegheny county. 

The opinion of the court was delivered November 20, 1882, by 

Paxson, J. — This was a bill in equity to compel specific per- 
formance of a contract for the sale of certain real estate. It was 
resisted below and here principally upon two grounds, viz.: ist. 
That appellants, Samuel Maloney and wife, had entered into a 
prior parol contract with James A. Ewing, the other appellant, 
for a sale of the same premises to him. 2d. That the agreement 
sought to be specifically enforced was not acknowledged as 
required by the act of Assembly, which prescribes the mode in 
which the separate real estate of a married woman should be 
conveyed. 

The learned master has demolished the first proposition by his 
finding of the fact that no such prior parol contract exi.stcd. 
Numerous exceptions have been filed to the master's finding 
upon this point, but there is ample evidence to sustain him. 
Indeed, I do not see how he could have found differently. 

The case is, therefore, narrowed down to the single question, 
whether the omission of Mrs. Maloney to acknowledge the 
agreement is sufficient to enable her now to repudiate it. Upon 
this point, also, the law is against her. It was one of the admitted 



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48 Wolff's Estate. 



facts in the cause that, in the year 1874, Mrs. Maloney was, upon 
her own apph'cation to the Court of Common Pleas of Allegheny 
county, duly declared ^feme sole trader, and that the said decree 
stands upon the records of said court in full force and unrevoked. 
The second section of the act of 4th of May, 1855 (P. L. 430), 
gives to feme sole traders ample power to convey their real estate, 
and in order that purchasers and others may safely deal with 
them, the fourth section provides that the certificate of the court 
declaring her such trader shall be conclusive evidence of her 
authority, until revoked by the court. It is very clear, therefore, 
that Mrs. Maloney had the power to enter into a binding contract 
for the sale of her real estate without her husband joining therein. 
That he did so join, can make no difference. Indeed, it is, at 
least, a question whether his courtesy in the land would pass by a 
conveyance to which he was not a party. See Burson's Appeal, 
10 Harris, 164. 

We do not regard the fact that Mrs. Maloney was living with 
her husband at the time of the contract as of any importance. 
Under the act of 1855, a person dealing with ^feme sole trader 
has no occasion to look beyond the certificate. 

We need nbt discuss any of the minor questions involved. 
The appellants have nothing to stand upon. 

The decree is affirmed and the appeal dismissed, at the costs 
of the appellants. 



©rplians' Court of l)l)ilabelpl)ia (STountg. 
Wolff's Estate. 

The presumption of death from an absence of seven years, held not to apply to a case where the 
person's absence is accounted for by the fiict of his having fled to etcape the consequences of 
appropriating tn^t moneys, and hence had a strong motive for silence and concealment of his 
whereabouts. 

Sur exceptions to adjudication. 

The opinion of the court was delivered February 3, 1883, by 

Penrose, J. — The presumption of death from an absence of 
seven years is, as experience shows, a very unsafe one to act 



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Wolff's Estate. 49 



upon. The case of Devlin %k The Commonwealth (i 2 W. N. 299) 
and Jachumsen z/. The Bank (3 Allen, 87) are illustrations of this^ 
and others are furnished by the records of our own court. In 
Pheian's Estate there had been an absence of over ten years, and 
the person, whose death, it was contended, was, therefore, to be 
presumed, had failed during all that time to claim an annuity ta 
which she knew she was entitled; but an inquiry and advertise- 
ment directed by the court led, after a delay of many months, to 
the discovery that she was living, and for some years had been 
residing in Bahia, Brazil. In Woodman's Estate,, upon the very 
day that the administrator's account was audited, and after the 
court had been asked to award payment of a distributive share to 
the personal representatives of a nephew of the decedent, who 
had not been heard of for more than seven years, under circum- 
stances strongly corroborative of the presumption of death, a 
letter from him announcing that, after a prolonged absence 
abroad, he had feturned to this country, and was then living in 
Walla Walla, Washington territory, was received by his sister. 
In the Estate of John Leslie Quig, upon the settlement of a 
guardian's account, the ward not having been heard of for eight 
years, the estate in the hands of the accountant was awarded to 
an administrator appointed in pursuance of the direction of the 
adjudication. All of this time the ward was living in Iowa; and 
having in some way received information of what had thus taken 
place, he afterwards petitioned for the appointment of a new 
guardian, and the letters of administration were vacated. 

Such instances are of constant occurrence; and in a case 
referred to by Mr. Best (Presumptions, ^192, note 2), it is said 
that the " vice chancellor of England declared that the old law of 
presumption was, by the altered state of European society, be- 
coming every day less tenable; for, by the facilities which trav- 
eling by steam afforded, a man could now, in a very short time, 
and without the least difficulty, transport himself to the back 
woods of America, or to Van Dieman's land, where he might 
never be heard from." This remark, which was made some forty 
years ago, applies with much greater force at the present day, 
when the facilities for travel, and the means of rapidly reaching 
distant places, have been so wonderfully increased. 



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50 Culver v. Behee. 



It is clear that the presumption should not be extended; and 
if it should not be confined to cases where the circumstances are 
such as reasonably to forbid any explanation of absence other 
than death, it, at least, cannot apply to a case like the present, 
where the fact that the person whose death we are asked to pre- 
sume had appropriated trust moneys, and fled to escape the con- 
sequences of his dishonesty, fully accounts for his absence, and 
shows the strongest motive for silence and the concealment of 
his whereabouts. See Watson v, England, 14 Sim. 28; Bourten 
V. Henderson, z Sim. & Gif. 360. 

The evidence of inquiry, it may be added, is wholly insufficient. 
A single witness testified that he ** had asked people in New York 
whether they had ever heard or known of him, but they never 
heard anything;" and that he had written to the keeper of a 
hotel in that city where the person had stayed for some time 
after his flight, and, in reply, had been informed "that he had left 
there, but did not tell where he was going to." ^ 

The question with regard to the allowance for nursing, etc., is 
purely one of fact, and we are not convinced that the auditing 
judge has erred in his findings. 

Exceptions dismissed and adjudication confirmed. 



Court of Common JpUos of Cujeruc Couutg. 
Culver v, Behee. 

Where judgment is entered by a magistrate in favor of the plaintiff by (iefiiiuli, the defendant not 
appearing, it is necessary that the record show the hour as well as the day of entering judgment. 

The opinion of the court was delivered January 2, 1883, by 

Woodward, J. — Where judgment is entered by a magistrate 
in favor of the plaintiff by default, the defendant not appearing, 
it is necessary that the record show the hour a* well as the day 
of entering the judgment. The transcript in this case does not 
show the hour, and for this reason the proceedings must be 
reversed. See 6 Phila. 309. 

The proceedings are reversed. 



Digitized by CjOOQIC 



SHERIFTS SALES. 
Abstract of propctty lo be aok) by Wm. CyiAadlty, 
Sbcnff of Loserne county, on Satunlav, March xotfi, 
A. D. 1883, at 10 o'clock A. M.. at the Arbitration 
room, in the Court House, Wilkes-Barre, who will 
proceed with the different properties in the order in 
liuch tlwy are number, to wit f 
I 

Suit of the Empire Building and Loan Association 
V. John T. Walters. 

158 April term, 1881. Debt, $566^3. Fi. ia. 96 
March term, 1883. D. S. Bennet, Att'y- 

The sor&ce of all that lot of land on the easterly side 
ef Meade street, dty of Wilkes- Barre, being 40 feet 
front on said stteet, and about ipo feet in depth, the 
icsr end uf said lot being bouncled by a public alley ; 
iaproTed, with a two-stonr ftame dwaling house, 
fane ban, outhouses, and rruit trees thereon. 
s 

Suit of Cadiarine Youngblut t. Ferdinand Youngblut. 

63 March term, 1883. Debt, 1231.50. Fi. £&. 93 
Maich term, 1883. D. S. Bennet, Att'v. 

AB that lot of land on Tanaecy street, city of Wilkes- 
Bsrre. bounded northerly by J. Youngblut, easterly 
by Johnson, southerly by A. Youngblut, and westerly 
by Tannery street, being about 50 feet front on said 
street, and 180 feet in depth: improved, with a i%- 
sury frame dwelling house, bam, outbuildii^, and 
frnit trees thereon. 

Suit of the Wyoming Bunding and Loan Association 
of Wnkes-Barre, No. a, v. Peter Wallace, and Peter 
Wallace, Administrator, etc, of Hannah Mariah Wal- 
bce, deceased. 

89 November term, 1882. Debt, $750. Lev. &. 6 
March term, 1883. £. G. Butler, Ait'y. 

A lot in the city of Wilkes-Barre, b^nnii^ at a 
stone corner on Wood street, thence ninoing back 
northeast akmg the line of Sanford E. Parsons 100 feet 
•0 a comer, thence along the line of Abraham Merrick 
sod M. Wood southwest 40 fbet to a comer on Wood 
ttrcet. thcacc aloag Wood strvt 45 feet to the place 
of beginning, containing about s.*75 square feet: all 
ianrovcdyWith a laigea^-storicddweUing house, bam, 
and other outbuildings, and fruit trees thereon. 

&iit of Aaroa Brown v. George Coray. 
136 May term. 1881. Debt, 110,311.93. Lev. fe, 
«S March term, 1883. Dickson & Atherton, Att'ys. 
An the surfiace and right of soil in all that certain 
: and parcel of land situate in the township of 



939, p. 436, etc.: z lot to John McCarty, dated Novem- 
ber 3, 1881 ; I lot to Thomas Manning, D. B. 316, p. 
377, etc.; 1% lou to John McEwen, or Owen, D. H. 
334, p. 139, etc.; I lot to Catharine Nicols, D B. 336, 
p. 393, etc.; I lot to Catharine Mann, or Naan, D. B. 
*37> P' 43 : I lot to Patrick or Michael O'Brien, dated 
November 3, 1881 ; i lot to Mary Brown, dated Octo- 
ber as, 1881 ; I lot to Mrs. O' Boyle, dated October 35, 
f88i ; I lot to John Roach, D. B. 338, p. 4SS> etc.; i 
lot to Rosanna McGovera. D. B. 337, p. 36; x lot to 
John McGarhart ; 7 lots to James Hughes, 3 deeds, k 
for 3 k>ts, dated April 33, 1883, other for 5 lou, dated 
October 5, s88i ; 1 lot to Michael Diver ; i lot to John 
Sullivan ; also i lot on back of lot towards mountain 
to Caleb S. Maltby of 50 acres, dated April 6, 1877, 
and recorded in D. B. 304, p. 301, etc. 

The said land (not including that reserved) is im- 
proved, with one large finrm house, six frame buildings, 
an apple orchard of aoo bearing trees, one large bam, 
and several outhouses thereon. About ao acres alto- 

6 ether is laid out in building Igts. about 55 acres of said 
ind is good forming land, and about 15 acres is good 
timber lor mining purposes. 

5 

Suit of Abram Falrchiid r. Calvin Wadhams. 
344 October term, 1883. Debt. #1,857. Vend. ex. 
II March term, 1883 Hakes & Bennett, Att'y*. 

1. The surface oTparts of certified lots 14 and 15 ia 
the first division of Wilkes-Barre township, being the 
whole ol town lots 33, 34, 37, »S ; two-thirds part undi-. 
vided of 33, 39, mndyo, located on Franklin and Main 
streets ; also parts of two 15-feet alleys adjoining said 
lots 33 and 33, situate in the Fifteenth ward of the city 
of Wilkes-Barre ; all improved. 

2. Part of a 3-rod roaid in the dty of Wilkes-Barre,, 
bounded on the northwest by lots x, 3, and 3 in the 
certified township of Wilkes-Uarre, on the northeast 
by a part of said road, on the southeast by lots 13, 14, 
and iV in said first division, and on the southwest by 
the Hanover township line, containing about z)4 acres 
of land. 

3. The surfoce of a k>t in the township of Wilkes- 
Barre, bounded on the iKMtheast by Blackman street, 
and on the other three sides by lands of the Frankiia 
Coal Company, being about 87^ feet in front on said 
street, and about 145 feet deep, with a i^-story frame 
house thereon. 

4. The two equal undivided thirds part of the surfiu:«' 
of land not heretofore sold by Calvin Wadhams cc al., 
in the city of Wilkes-Barre, beginning at a comer on 



piece and parcel of land situate in the township of '" "»^ J-"' "\ w ii».«»-««re, »cs.n.uuK «i « ^""'^l "» 
tCfairtra, Lu»er»e county, Pennsylvania, bounded and the main road, thence by lands of the estate of AIe«. 
doSlbedas fbUows, to wit: Bepnning at a comer onl McLean, deceased, 314 6-iopcrches to a comer, thence 
die main road running through\aid township, being' 33 3- wp«rcJ>« «> a comer on line of Hanover town- 
li»a comer of cro«i toad; thence along said cross »h»P» »»»"»« along same 314 6-10 perches to a stoae 
«ad. N. 3334° W., 57« perches to stones <Jmer in line co™*"- «" »^« said^main road and thence by same 33 
of the mobinain tier of the fourth division of said town- 3-««> Pfrchti to the place of bemnning. bemg a part of 
tbip: thence along said line, S. 430 W.,37 7-10 perenes fe' '' *" the third division of Tots in certified Wilkes- 
» a comer of norpart No, 5 in the partition of the real ^a^ township ; aU improved, 
estate of ElQaih Shoemaker, deceased, now belongingi 6 

joAeestateofChas^D.Shoenuker, deceased; thcncel Suit of Peter Seibel v. Oscar F.Gainesand H. A. 
aloag said purpart No. 5, S. 33HO E.,3?9 3:'?,P<*«h« I Gaines. 

toacomer 00 the back road ; UienoeS. 43^ W., x J-io January tenn, 1883. Debt, $»tB 73. Lev. &. 

perchM to a corner ; thence S. 33^^.. «>long other „^H;^h teri. 1883. Mi/ler, Att'y. 

part of parpart No 5 aforesaid s 3 perches to the main ^ lot of land in the borough of West Kttston, be- 
toadaforeyid; and thence »»«»«J»«<1 road, N. jsK** ginning at a comer of Luzerne avenue, thence along 
i.,4 perchea to the pUce of be^nnlng; containing 'J^jj ^y^^^e 50 feet to a comer, thence 330 feet to a 
f«o acres of laad. more or leas ; be»g the same ^prem.|<^„^ ^ an aUey, thence along said alley 50 teet to a 

thence 330 feet to the ^ce of beginning, con- 
^ 11,500 square feet of land, more or less, being 
. --^ — ,. . ,' . . ... ».' lot No! 997 on Luserac avenue, 

bcretofere sold and released ; the said lots are 50 feet ^ 

front by tj$ feet in depth. The place of record of 7 

deeds of uud lots in Luzerne County Recorder's ofllce. Suit of Samod Van Loon v. Martin Breiraan. 
b given, so £ar as the same aie recorded. They are | 198 April term, iSSx* IHb^^tss.s*. Vend. ex. 5 
uevise designated on the ground : r lot to P. C. Pil-, March term, 1883. Magee, Att'y. 

|er, dated April i. 1881 ; i lot to Mary Tigue, D. B. j All that lot of mad on Franklin street, in theborcNM^h 
'. p. $4ff, etc., X lot to A. Brown, dated October ss,|Of Plymouth, bounded on the southwest by Frankfia 



itii ; I lot to R. C. Shoemaker et al.; t lot to William 
tad Margaret McDowell, D. B. 337, p. 180; i lot to 
fMrick Roeen, dated October as, x88i ; i lot to Dan'l 
McAhster, X>. B. aao, p. 153, etc.; t lot to JaoMs Mc- 



street, oa the southeast by land of A. J. Case, on the 
northeast by land of Uoyd W. Williams, and on the 
northwest by land of In Davenport, being 50 feet ia 
front by xjo feet in depth ; all improved, aridi a twa- 



D. B. aa6,p. t4,'etc7r < lot to John Afl cDermott, jstory frame dwelling house, with basement, and other 
' t to William Jones, D. B. outoaltdings thereon. 

33 



36, i88t : I lot t 



Digitized by VjjOOQIC 



NOTICE IS HEREBY GIVEN THAT AN 
application will b« made under the Act of Assem* 
biy, entitled "An Act to provide for the incorporation 
and regulation of certtin corporations/' approved agth 
April, 1874. and the supplements thereto, for the incor- 
poration of an intended corporation, to be called " The 
Wyoming Accidental Insurance Company," the object 
of which IS to insure workingmen of all classes against 
accidents while at work. 

W. H. HINES. 
7-9 Solicitor. 

AUDITOR'S NOTICE. 
I'he undersigned, an Auditor, appointed by the 
Court of Common Fleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the per- 
' Konal pr )p«rty of LeGrand & Boyer, will attend to the 
|duticsof his appointment, at the office of Alexander 
W7UII, v> nuiw. v>wA~T>» . w» «. ^»>.^»..<^.<. •.^ Farnham, Esq., on Franklin street, in the city of 

v.^ElUoTt Aidrich^ Admini^iVurr"of'G^^cTus7e'y,';Wi'*'**-*^*'''?N**^^.H^ i^V*\^ ^*y / March, 

1883, at 10 o clock A. M., at which time and place all 



Suit of the Anthracite Building and Loan Association 
of Wilkcs-Barre, Pa., now in part to the use of Peter 
Ward, Administrator of the estate of James Ward, 
deceased, v. Daniel Sullivan. 

166 November term, i88x. Debt, $709<>?- ^'^- ^^ 
20 March term, 188a. O'NeilL Att'y. 

A lot of land in the township of Wilkes-Barre, be- 
ffinning at a point in the Blackman road on the liue of 
Kidder street, thence along Kidder street 210 feet to a 
corner of lot No. 49, thence to the corner of lots Nos. 
41 and 43, thence 310 feet to the line of the Blackman 
road, and thence along the Blackman road to the place 
of beginning, containing about 23,100 square feet of 
land, more or less, being lot No. 41 on plot of lots laid 
out b^ Ketcham et al.; all im 
dwelling and outhuscs thereon. 
9 

Suit of Abram Goodwin, Jr., et al.. Executors, etc. 



deceased, 

104 January term, x88o, 
March term, 1883. 

All that lot of land in the township of Plymouth, 
beginning at comer on old Ross Hill road and Mrs. 
Lydia Jones' lot, and running along said Mrs. Jones' 

lot northwesterly 100 feet to corner, thence by saidi - TTniTOP'c KnTtrv 
Mn. lones' lot 40 feet to comer of said lt)t and fine of I A ^ H* dTI fi!iJi:^:i.i. . 
land late belonging to John Gould, thence along said 



Debt SS9^-44- Fi. fa. 4 persons having claims against said fund are notified to 
* Lowell, Att'y. 'present the same, or be forever debarred from coming 
- ~ '• < in on said fund. 

R. D. EVANS, 

Auditor. 



1 7-9 



l\ In Re indebtedness of Wright township. The 



nging 10 jonn oou.o. inence a.ong sa«a,„„j^^. ^^ ^^ j^^„ appointed an Auditor to ascer- 
line northwestcriy »53/cet or thereabouts to a ao-foot|j^,„ ^J marshal the imKbtcdness of the above town- 
alley, thence along said alley 91 ^ feet to a corner t^j^j ^„ ^^^^^ ^^^ ^^^^ ^,^.^^ ^^ demands against 
thence southeasterly 248H feet to said old Ross Hil j^e^^same are required to present them before me, on 
road and thence along sa.d road southwesterly 50 feet,j^^^„^ ^,^^ ^ ^f f^^^^^y^ ,8g ^^ ,^ ,^^^^ ^;^ 
to the place of beginning: all improved, and having ■'* ^ SI STRAUSS 

(•r#>rteH f hc^renn one two.storv frajne dwelling house « ^ * -^ * . A . . 



erected thereon one two-story frame dwelling house 
and outbuildings, and fmit trees. 7-9 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, enuiled "An Act to provide for the incorporation 
and regulation of ceruin corporations," approved April 
99, 1874, and the supplements thereto, for the incorpo- 
ration of an intended corporation, to be called " Ihe 
Hazleton Coffin and Casket Company," the character 
and objects of which are the manufacture of and deal- 
ing in coffins, caskets, and undertakers' supplies, and 
materials of all kinds, and the manufacture of and 
dealing in all kinds of wood work, cabinet, carpenter, 
and building material. 

GEO. H. TROUTMAN, 
7^ Solicitor. 



5-8 



Au<fit( 



AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Fleas of Luxeme county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of C. D. Wells, urill attend to the duties of his 
appointment, at his office, on Franklin street, in the 
city of Wilkes-Barre, on Tuesday, Febmary 27, 1883, 
at xo o'clock A. M., at which time and place all parties 
interestea are notified to appear and present their 
claims, or be debarred from coming in on said ftind. 

HENRY A. FULLER. 
5-8 Auditor. 



ESTATE OF JOHN BLANCH ARD, DEC'D. 
In Orphans Court of Luzerne county. In Re 
I Petition of James Post and Joseph Blanchard, Admio- 
listrators of said estate, for specific performance of coo- 

VTOTICE IS HEREBY GIVEN THA-T AN^-^J'^l^^.^j^'^^^^^^ 
IN application will be made to one of the Judges ,,,^ J^j^g iiterested and named in the peUtion to 
of the Court of Common Pleas of Luicme county , un- ^ ^^ ^^j ^^^^ ^^ ^^ ^he pmyer of thVpetiUon- 
der the provisions of the Act of Assembly entitled ^SThall not be granted. &c. Bv tmk cVurt. 
"An Act to provide for t^e incorporation and regula- Certified from the records, this tsth day of Febrtmry. 
tion of certain corporation, approved April 29. »874,!j883. Joseph Hbndler, Clerk O. C, 
and the supplemrnu thereto, on Monday, the 5th day "^ '' p^j. g 'j^ Crart Ass't 
of March, 1883. at 10 o'clock A M., for the incorpo.| j„ pu^uance of the above order." notice is hereby 
rotionof an intended corporation, to be called J he [given to Eveline Clark, Joseph Blanchard. John Rob- 
Lxcelsior Comet Band, of West Pittston, the char- gj^AdaRobbiM. Clarence Robbins,MatUc Robbins, 
acter and objectt of which are the practice and proino-{ William Robbins, Jackson Robbins, Caroline Post, 
tion of music. w/acii:.d Mariah Savage, and Martha A. Bisher, children and 
F. C. MOSIER, ,|j^i„ ^( jo,^„ Blanchard, deceased, and G. M. Wolf. 
7-9 Solic itor. ,^o appear before Hon. D. L. Rhone. Judge of the 
Orphans' Court, to be Held at Wilkes-Barre, Luxeme 

NOTICE IS HEREBY GIVEN THAT AN count v, Penn-sylvania, «n Monday, the xalh day of 
application will be made to the Court of Common' March. 1883, at 10 o'clock A. M. of said day, to answer 
Pleas of Luzerne county, on Monday, March 5, 1883, the said petition, 
at II o'clock A. M., under the Act of^ Assembly of the M. E. WALKER, 

Commonwealth of Pennsylvania, entitled "An Act to j 7^ .j^ A ttorney. 

provide for the incorporation 5u»d regulation of certain' 

corporations."approved April 29th, 1874, and the sup- i TESTATE OF MICHAEL STEIN, LATE OK 

plements thereto, for the charter of an intended corpo- Cj Dorrance township, deceased. 

cation, to be called "The Freeland German Comet! Letters testamentary upon the above named estate 

Band," the character and object whereof is for social ! having been granted to the undersigned, all pers<ms 

enjoyment and the culture of music, and for these pur- having claims against the same will present them duly 

poses to have, possess and enjoy all the rights, benefits authenticated for payment, and those indebted thereto 

and privilegesofsaid Act of Assembly and supplemenu, will please make payment to 

C. W. KLINE, I GliO. H. HINKLEMAN, 

6-8 Solicitor. .7-12 Executor. . 

34 



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SHERIFF'S SALES. 
Abstract of property to he sold by Wm. O'Malley, 
Sheriff of Luzerne county, on Saturday, March ^d, 
A. D. 1883, at 10 o'clock A. M., at the Arbitration 
room, in the Court House, Wilkes-Barre, who will 
proceed with the diflferent properties in the order in 
which they are numbered, to wit : 
I 

Suit of Christian H. Sherer, assigned to William B. 
Miichel. V. Arnold Bertels. 

, 1016 September term, 1878. Debt, ^,§00. Fi. fa. 
a March term, 188^. Dane, Jr., Atl'y. 

All the one-third part undivided of all uie following 
described pieces of land, in th^ city of Wilkes-Barre, 
to wit: 

X. Beginning at a comer of lot of A. Bertels on a 
street running nearly east from Main street, at a point 
nearly opposite Wood street, thence along line of said 
Benels' lot about 120 feet to a comer, thence about 20 
feet to a comer, thence about d6 feet to land sold to 
Jacc^ Farrek. thence along said Fanrek's land about 
zao feet to said street, thence along said street 20 feet 
to the place of beginning, containing about 3,400 square 
feet of land. 

a. Beginning at a comer on the southeast side of 
Careytown road, thence at right angles to said road 
along line of lot now or late of Charles Morgan & Son 
204 feet to line of the old Lehigh and Susquehanna 
Railroad, thence in a southerly direction along said 
railroad about 45 feet to a comer of lot now or late of 
Simon Long, Trustee, thence along said Long's lot 227 
feet to said Careytown road, thence northeasterly along 
said road 40 feet to the place of beginning, conuining 
8,620 square feet of land, being lot No. 7 as shown on 
plot made by C. Scharer. 

^. Beginning at a comer of land now or late of Abi- 
gail Hotchkiss, and mnning thence along the line of 
Canal street 3 perches to a comer, thence adjoining 
land now or late of Jesse Fell 8 perches to a comer, 
thence to a comer on land of satf tesse Fell 3 perches, | 
thence oa the Une of Abigail Htttchkiss' land 8 perches | 
to beginning, containing 24 squJire perches of ground, l 

4. Beginning at a corner on Washington street, 
thence 244 feet to a comer, thence 40 feet to a comer, | 
thence along land of the Jewish Synagogue 2^ feet tO' 
said Washington street, and thence along said street 
40 feet to the place of beginning. 

5. Fronting on Scott street, between Pine street and 
Baltimore lane, the same being about 50 feet front on 
said Scott street, and extending in the same width to 
the depth of 150 feet, containing 7.500 square feet of 
land. 

6. Beginning at a comer on the northwest side of 
Oregon street, at the south comer of lot now or late of 
Leri King, thence along said Oregon street 56 feet 10 
inches co a comer of lot now owned by John E James, 
thence along said James* lot 146 feet 10 inches to the 
school house lot, thence 57 feet 3 inches to said Levi 
King's lot, thence about 140 feet to said Or^on street, 
the place of beginning, conuining about 8,153 square 
feet of land. 

7. Beginning at a comer on Bamey street about 80 
feet west from Wood street, and in line of land sold to 
Oiailes Feuerstein. thence at right angles to said Bar- 
ney street and along said line about xoo'feet to land 
late ot Henrv House, thence along the same and par- 
allel with said Bamey street lao feet to land late of 
Mrs. Mann, thence along said Mann lot about too feet 
ID said Barney street, thence dlong said street about 
xao feet to the place of beginning, containing about 
Z3,ooo square feet of land. 

8 Being the surface of those two lots adjoining, on 
the northeast side of Parrish street, beginning at a 
oomer aboat 330 feet from Hazle avenue, thence at 
right angles from said street about 200 feet to land for- 
merly of Jonathan Jones, thence along the same par- 
allel with said street 80 feet to a comer, thence at right 
angles to line of said Jones lot about aoo feet to said 
I^rrish street, and thence along said street about 80 
feet to the place of beginning, containing about 16,000 
square feet of land. 

9. AU that piece of lafM in the township of Lake, 
commencing on the comer of lands in the warrantee 
^ames of Alien Bump and Herman Chambers north 



351 perches to a comer, thence east 338 perches along 
line In warrantee name of A. Bailey to a corfter, theface 
south 357 perches along line of lands in warrantee 
names of Amasa Bailey and Adam Mann, thence west 
^2854 perches along line of warrantee names of Allen 
Bump and Nancy Mann to a comer, being a tract of 
land in the warrantee name of Amasa Bailey, contain- 
ing 474 acres and allowance ; unimproved. 
a 

Suit of Oscar J. Harvey, assigned to Olin F. Harvey/ 
V William P. Rudolph and Manha £. Rudolph, his 
wife. 

433 May term, 1883. Debt, I817 61. Al. lev. fit. 
X March term, 1883. Harvey, Att'y. 

A certain piece of land in the city of Wilkes-Barre, 
beginning at a corner on Orchard street, thence by the 
same 40 feet to a corner, thence 300 feet to a corner, 
thence 40 feet to a corner, thence 300 feet to the place 
of beginning ; all coal and other minerals reserved to 
Reading & Hunt ; improved, with one two-story frame 
dwelling house and outhouses thereon. 6-8 



LUZERNE COUNTY ss: 
In Re Assignment ot A. N. Meylert for the ben- 
efit of creditors. Notice la hereby given that the 
Executors of the last will and testament of H. B. 
Wright, deceased, have exhibited and filed a final^ 
account ot the said H. B. Wright, Trustee for the 
csute of A. N. Meylert, which account will be con- 
firmed and allowed on the 5th day of March, 1883, 
unless cause is shown to the contrary. 

JAMES M. NORRIS, 
6-8 Prolhonotary. 

IN THE COURT OF QUARTER SESSIONS 
of Lurerae county. No. 161, December sessions, 
1882. In Re Division of the township of Lehman 
into Election District. Notice is hereby given that 
the report of the Commissioners in the above stated 
case has been filed with the Clerk of the Court of 
Quarter Sessions, and was confirmed nisi by the court 
on the 29th of January, 1883, and that said report 
will be confirmed absolutely oy the court, unless ex- 
ceptions thereto be filed not later than the third day 
of the next term of said court. 

LOUIS K. STRENG, 
5-7 Clerk Q. S. 



ESTATE OF ELIZABETH KNAPP, DEC'D. 
In Orphans' Court ol Luzeme county. In Re 
Petition of John Cooper for appointment of*^ Guardian 
ad litem for children of Joseph D. Cooper, etc. 

Now, 5th February', 1883, rule is granted to shoi# 
cause why the said minor children of Joseph D.Cooper 
shall not appear in court on or before the 5th day of 
March, 1883, and choose Guardians to represent tnen^ 
in this estate, and in default thereof to show cause why 
John Cooper, the petitioner, should not be appointed 
Guardian ad litem. Notice to be given by advertise- 
ment in one weekly newspaper in said county for three 
weeks, a copy of said newspaper to be mailed to the 
last residence of Sarah Cooper, mother of said minor 
children. By thb Court. ! 

Certified from ihe records, this 7th February, 1883. 
JOSEPH HENDLER, Clerk O. C, 

Per B. M. Craky, Ass't. « 
F. C. STURGES, 

Attomey. 6-8 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 52, November term, x882. Libel m divorce a 
vinculo matrimonii. Mary j^. Morgan, by her next 
friend, David Maxey, v. David C. Morgan. The alias 
subpoena in the above case having been returned non 
est inventus, you, the said David C. Morgan, are here- 
by notified to appear at said court, on Monday, March 
5, 1883, at XX o dock A. M., to answer the complaint 
therein filed. 1 

WILLIAM O'MALLEY, 
GEO. H. TROUTMAN, Sheriff. 

Solicitor. 6-9 

35 



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LUZERNE COUNTY, tt : 
In the Court of Common Pleat of said county. 
No. 643, October term, 1883. Libel in divorce a vin- 
•culo matrimonii. Phoebe Morris, by her next friend, 
John T. Jones, v. William D. Moms. The alias sub- 
poena in the above case having been returned non est 
inventus, you, the said William D. Morris, are hereby 
notified to appear at said court, on Monday, the 5th 
day of March, 1883, at xo o'clock A. M., to answer the 
■complaint therein iled. 

WILUAM 0'MAU,EV, 
C. W. McALARNEY, Sheriff. 

Solicitor. 4-7 



ESTATE OF JANE MYERS, LATE OP 
Kingston, deooued. 
Letters of administration -upon the abore aamed 
estate having been granted to the undersigned, all per- 
sons having claims against the same vrlU present then 
for payment, and those indebted thereto will please 
make immediate payment to 

D. S. BENNET, 
9-7 Administrator. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 63, November term, 1880. Libel in divorce a 
vinculo matrimonii. Sanh Ann Elliot, by her next 
friend, Elisabeth Holdsworth, v. Tames Elliot. To 
James Elliot — Please take notice that the court has 
granted a rule on vou to show cause why a divorce a 
<vinculo matrimonii shall not be made and entered in 
&vor of the libellant, service of the original and alias 
gnbpoenas having &iled on account or your absence. 
Returnable on Monday, March 5, 1883, at 10 A. M. 

ALFRED bAR^E, Jr., 
•6-7 Solicitor. 



ESTATE OF CORNELIUS DOUGHERTY, 
late of Ashley, deceased. 
Letters of adminisitration up<m the above aamed 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tnem 
for payment, and those indebted thereto will please 
make immediate payment to 

ELLEN A. CARLE, 
2-7 Administratrix. 



ESTATE OF JUUA M. TITCOMB, LATE 
of Ashley. decea%fd. 
Letters of administratkm upon the above named 
estate having been granted to the under&igned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

W. B. HARROWER, 
3-7 Administrator. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 597, October term, 1882. Libel in divorce a vin- 
culo matrimonii. Hannah Barker, by her next friend, 
William Kiiching, v. Francis Barker. The alias sub- 
poena in the above case having been returned non est 
Inventus, you, the said Francis Barker, are herebv 
notified to appear at said court, on Monday, the sth 
4ay of March, 1883, *' 10 o'clock A. M., to answer 
•Ihe complaint therein filed. 

WILLIAM O'MALLEY, 
EDWARD A. LYNCH, Sheriff. 

Solicitor. 6-9 



ESTATE OF JOHN BARNEY, LATE OF THE 
borough of Nanticoke, deceased. 
Letters of administrauon upon the above named 
estate having been granted to tne undersigned, all perw 
sons having claims against the same will present theaa 
for payment, and those indebted thereto will please 
make unmediau payment to 

CATHARINE BARNEY, 
6-ix Administratrix. 



LUZERNE COUNTY, si : 
In the Court of Common Pleas of said county. 
No. 113, February term, t88a. Libel in divorce a vin- 
<culo matrimonii. Janet Weir, by her next friend, 
Albert W. Detrick, v. William Weir. To William 
Weir — Please take notice that the court has granted a 
role on you to show cause why a divorce a vinculo 
faatrimonii shall not be made and entered in favor of 
ihe libellant, service of the subpoena having failed on 
account of your absence. Returnable February 23d, 
1S83, at xo o'clock A. M. 

F. C. MOSIER, 
€-f Solicitor. 



ESTATE OF ELIZABETH CONNELL, LATE 
of Pittston, deceased. 
Letters testaaientary upon the above named estate 
having been granted to the undersigned, all persons 
baying daiara against the same will present them for 
payment, aDd those indebted diereto will please make 
imiaediate payment to 

J. A. COLLIER, 
JOHN H. MULLiN, 
F. C. MOSIER, Executors 

Attorney. 5- 



ESTATE OF REV.<1IAS. A. MATTINGLY, 
late of Nanticoke, deceased. 
Letters testamentary upon the above named estate 
having been granted to tne undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please osake 
immediate payment to 

REV. THOMAS J. RAY, 
REV. TIMOTHY J, DONOHUE, 
^-cx Executors. 



ESTATE OF HIRAM GEORGE, LATE OF 
Nanticoke, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will prcMnt them 
for payment, and those indebted thereto will please 
make immeaiate payment to 

AMANDA GEORGE. 
F. C. STURGES, Administratrix. 

Attorney. a-f 

ESTATE OF ANTHONY MEYERS, LATE OF 
Hazleton, deceased. 
Letters of adminisintJon upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immecuate payment to 

H. W. MEYERS, 
A. R. BRUNDAGE, Administrator. 

Attorney. 5-10 



ESTATE OF MARTHA FAIRCHILD. LATE 
of Nanticoke, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 

them 



sons having claims against the same will present 
for payment, and those indi' 
make immediate payment to 



for payment, and those indebted thereto will plea 
inu 



36 



SAMUEL UNE, 
BENNETT & NICHOLS, Administrator. 

Attorney. 5-to 

ESTATE OF JOHN GILLESPIE, LATE OF 
Haxle townMip, deceased. 
Letters of admimstration upon the above named 
estate baring been granted to the OBdersigned, all perw 
sons haying claims against the same will preaeat them 
Cbr parent, and those iadcbted thereto will please 
make immediate payment to 

OtrSN GILLESPIE, 
JOHN D. HAYES, Administnilor. 

Attfliraey. s^"* 



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ORPHANS' COURT SALE. 
Estate of Oitharine Stout, deceased. By virtue 
of an order of the Orphans' Court of Luseme county, 
there wQl he sold at public sale, at the Arbitration 
room. Court House, at Wilkes-Barre, on Saturday, 
Mardi to, 1883, at 10 o'clock A. M ., all that piece of 
land in Salem township, bounded northerly by the 
Penilsyhrania Canal, easteriy by lands of Catharine 
Stukey and Daniel Brobst, southeriy by the Susque- 
hanna river, and westerly by lands of Josiah F. Beach, 
now James Lockard, containing one acre, more or less ; 
improved, with two x)4-«tory frame dvrelling houses 
and other small outhouses theteon, also some fruit trees. 
TsRMS OP Salb— ^50 cash down on day of sale, and 
the balance of purchase money on confirmation of sale 
and delivery of deed. 

WESLEY RABERT, 
T. R. MARTIN, Administrator. 

Attorney. 7-9 



ESTATE OF EDMUND GRIMES, LATE OF 
Plymouth, deceased. 
T..etters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
th^sm for pavment. and those indebted thereto will 
please make immediate payment to 

DAVID GRIMES, 
GEO. W. SHONK, Administrator. 

Attorney. a-7 



ORPHANS' COURT SALE. 
Estate <tf James Gallagher, deceased. By virtue 
of an order of the Orphans Court of Luierne county, 
the undersigned will sell at public auction, on the 
premises, at Haxleton, on Thursday, the 15th day of 
March. 1883, at a o'clock P. M., all that lot of ground 
in the borough of Haxleton, which originally consisted 
of two lots oTground, bounded and described as follows : 

The one lot is on the southwest comer of Wyoming 
and Maple streets, containing fn breadth or front on 
said Wyoming street 30 feet, and extending of that 
breadth in lenghth or depth along the south side of 
Maple street xoo feet to a ao-foot wide street. 

1 DC other is on the west side of Wyoming street, 
commencing at a disunce of lao feet northward from 
the north side of Green street, containing in front or 
breadth on said Wyoming street 30 feet, and extending 
of that breadth in length or depth westward 190 feet to 
a ao-foot wide street. 

Both the lots being contiguou^^^md to be sold as one 
lot, betoK 60 feet in fix>nt or breadth, and 190 feet in 
depth or length. All improved, with a two-story frame 
dwelling house and outbuildings thereon. 

TsBBis OF Sals— ao per cent cash, and the balance 
on confirmation. 

JAMES F. GALLAGHER, 
7-9 Administrator, 

ORPHANS' COURT SALE. 
Esute of Lewis Weidenbach, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exjposed to public sale, on the premises, 
in Haxleton, on Saturday, March 10, 1883, at a o'clock 
P. M., a lot of ground on the south side of West Broad 
street, in the Dorough of Haxleton, bounded on the 
north Broad street, on the east by lot of Susan E. 
Bright^ on the south by Mine street, and on the west 
by 10c of F. Lauderbum, containing in front on said 
Broad street 19 feet and 4 inches, and extending of this 
width back to Mine street 150 feet; upon which is 
erected a two-story frame building, used as a store by 
Powell Bipthers & Harris, together with joint use of 
chimney situate on the division tine of said property 
on the east, and to remain unchanged as long as build- 
inn are unchanged. 

Tbkms op Salb — a< per cent cash on day of sale, as 
per cent on confirmation of sale, nod the balance tn six 
n<mths from day of sale ; to b««ecured by bond and 
mortgage, with Interest. 

JOHN G. SEAGER, 

C. W. KLINE, Adm'r d. b. n. c. t. a. 

Attorney. 7-9 



ESTATE OF EPHRAIM R. KITTLE, LATE 
of Ross township, deceased. 
Letters of administration upon die above named 
estate having been granted to the undenigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto wilt please 
make immediate payment to 

WILLIAM E. KITTLE, 
M. CANNON, Adminbtrator d.b.n 

Attorney. a-7 



ESTATE OF JOHN BEHEE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon die alwve named estate 
having t>een granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

MERCY B. BEHEE, 
L. D. SHOEMAKER, Executrix. 

Attorney. a-7 



ESTATES TO BE AUDITED BY THE 
Orphans' Court of Luzerne county. Notice u 
hereby nven tliat accounts have l>een tiled and con- 
firmed aosotutely by the court in the following estates : 
X. George Klinger; Joseph McMurtrie and Gideon. 
D. Klinger, Executors ; 6th March, x88^. 

a. John Gross ; Samuel Benner, Administrator ; 6di 
March, 1883. 

3. Benjamin Chandler ; Abram C. Cliandler and D. 
A. Reeves, Executors ; Tlh March, x88q^. 

4. M. L. Everett; Isaac Everett, Executor; 8th 
March, 1883. 

5. James Casterline; Joaeph Casterllne, Adminis- 
trator; 8th March, 1883. 

6. Silas Callendar; Clark Catlendar, Administrator ; 
9th March, 1883. 

The accountt enumerated and designated in the 
al>ove list will l>e audited by the court. In the Court 
House, in the Orphans' Court room, during the session 
of court on the days set forth opposite the name of each 
estate, at which time all persons interested shall attend, 
if they see fit, and present their claims against saia 
esute, or forever thereafter l>e deliarred from coming 
in upon said fund. 

JOSEPH HENDLER, 
7.9 Qerk O. C. 

WIDOWS' APPRAISEMENTS. 
Notice is hereby given to all persons concerned, 
tliat widows' appraisements in the following estates 
have l>een approved nisi by the Orplians' Court of 
Luzerne county, and, unless exceptions are filed, will 
1>e presented for final approval on Monday, the 5th 
day of March, 1883 : 

Robert Helm, Daniel Van Scoy, Thomas Hutchins, 
Samuel Wolf, James C. Howells, Wm. H. Sperring, 
and Hiram George, deceased. 

JOSEPH HENDLER. 
7-9 Clerk O.C. 



ESTATE OF CHARLES PIKE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters of administration upon the atx>ve named 
estate having l>een granted to the undersigned, all per- 
•ons having claims against the same will present them 
for pavment^and those indebted thereto will please 
make immediate payment to 

BELINDA A. PIKE, 
A. DARTE, Jk., Administratrix. 

Attorney. a-7 



MoLEAN & JACKSON, 

Attorneys at Law, 

WiLiu»-BAjutB, Pa. 



CHA8. D. FOSTER, 

Attorney at Law, 

Wilkbs-Barrs, Pa. 

37 



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The Luzerne Legal Register. 

Vol. XII. Friday, February 23, 1883. No. 8. 

Suprntie (Eourt of Ipeimagteania. 
Lavery V, Commonwealth. 

The act of May i, 1861.. which provides that upon the arrest of a defendant for certain crimes therein 
defined, upon demand of the defendant, the justice shall call a jury of six and try the offense, it 
constitutional. 

Error to the Court of Common Pleas of Crawford county. 
The opinion of the court below was delivered by 

Church, P. J. — The record in this case shows the plaintiff in 
error and defendant before the justice of the peace was arrested 
on the 24th of October, i88i, upon the complaint of Jeremiah 
Mahoney, charging him with having committed an assault and 
battery upon him, the complainant. The defendant was arrested 
and brought before the justice of the peace. The complaint was 
read aloud to him in his hearing, and he pleaded not guilty, aud 
demanded to be tried before the justice and a jury of six men; 
whereupon the justice proceeded in accordance with the act of 
the 1st of May, i86i, issued his venire, organized a court as pro- 
vided by that act, and tried the defendant, and the verdict was 
guilty. Upon the defendant's conviction and sentence, he re- 
moved the proceedings to this court for reversal, and now assigns 
for error that the act of May ist, 1861, is unconstitutional, and 
therefore void, in that it deprives him of the common law trial by 
jury. The only question, therefore, is, whether the act of May 
1st, 1 86 1, is constitutional or not. It is an act entitled "An act 
to change the mode of criminal procedure in Erie and Union 
counties." It was approved May 1st, 1861, and by act of April 
1st, 1863, it was extended to Crawford county, and was subse- 
quently extended to various counties throughout the Common- 
wealth, until probably one-half or two-thirds of the counties have 
it in operation within their borders. 

In the light of what has b^en so ably said, we approach this 

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52 Laverv 7a Commonwealth. 

act of 1861. It provided, among other tilings, that upon the 
arrest of the defendant for certain crimes therein defined (the 
lower grades of misdemeanors and some of the lower grades of 
felonies) the justice, upon the demand of the defendant, and not 
otherwise, but only on the demand of the defendant, constitutes 
a court to which he subjects the defendant by calling a jury of 
six and trying the defendant in due course of common law. In 
this connection, it is to be borne in mind that the act was passed 
in 1 86 1, and it has, therefore, been in operation in at least two 
counties of the Commonwealth for over twenty-one years, and in 
many counties for various terms, the last legislation being ten 
years ago. The fact that the constitutionality of the act of 
Assembly has not been called in question heretofore, and has not 
received from the highest tribunal of the Commonwealth any 
adjudication, we think ought to be at least persuasive evidence 
that the act is not in conflict with the constitution of the State. 
It is alleged that it is in conflict with the sixth section of article 
I of the bill of rights — "trial by jury shall be as heretofore, and 
the right thereof remain inviolate" — and the tenth section of the 
same article — *' no person shall for any indictable offense be pro- 
ceeded against criminally by information, except in cases arising 
in the land and naval forces, or in the militia when in actual 
service, in times of war or public danger, or by leave of the court 
for oppression or misdemeanor in office. No person shall for 
the same offense be twice put in jeopardy of life or limb ; nor 
shall private property be taken or applied to public use without 
authority of law, and without just compensation being first made 
or secured." If it were necessary for a determination of the case 
it might possibly well be argued that when the constitution of 
1873 said that "trial by jury shall be as heretofore," heretofore 
might mean before the adoption of the constitution of 1873, "^^^ 
before the constitution of 1776, 1790, or 1838, but before the 
constitution of 1873. This act of Assembly was in operation in 
1 86 1, twelve years prior to the adoption of the constitution of 
1873; hence, in technical strictness, permission to a justice of the 
peace to try an offense before a jury of six in accordance with 
that act of Assembly would leave trial by jury as heretofore; that 
is, prior to the adoption of the constitution of 1873, I do not 
think it necessary, however, to strain the point of construction 

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Laveky V, Commonwealth. 5y. 

that far. It is to be borne in mind that this jury of six can only 
be invoked when the defendant himself demands it. Judge 
Trunkey. in the case of Commonwealth v, Saal (lo Phila. 496)^ 
when he was on the Common Pleas bench of Mercer county, in 
considering the act of 1 87 1, known as the Mercer county liquor 
law, decided that upon the compulsory feature of the sixth sec- 
tion of that act, wherein either party could demand a jury trial, 
and against the protest, perchance, of the defendant, that so much 
of that section was unconstitutional; but he expressly said "this 
decision does not interfere with the right of the defendant to 
plead guilty before a justice, or demand a trial by a justice and 
six persons. When he does so, the justice will proceed in like 
manner as in other criminal cases wherein jurisdiction has been 
given to the justice for final jurisdiction at the request of the 
defendant. But when the defendant refuses to plead, and refuses 
a trial before a justice, then the justice will hear the case, and if 
cause appear, hold him to answer at the next term of the Court 
of Quarter Sessions, as in other criminal cases." 

If trial by jury and proceeding by information, as this is called, 
is a constitutional right, why is it not a right that a defendant 
may waive? A defendant may waive a constitutional provision 
in his favor. Section 10 of article i. of the bill of rights says: 
" No person shall for the same offense be twice put in jeopardy 
of life or limb." A defendant convicted of an offense who applies 
for a new trial, and receives it, waives the privilege of section 10. 
The defendant has volunteered to put himself in jeopardy of life 
and limb. He is tried twice for the same offense, and it is done 
with his consent. Section 9 says: "In all criminal prosecutions 
the accused hath a right to be heard by himself and his counsel," 
and so on. If he pleads guilty to an indictment, he waives that 
privilege, as also the privilege of a trial by jury according to the 
course of the common law, or any other law. And further, by 
section 9, he h^ a right to meet the witnesses face to face, "and 
to have compulsory process for obtaining witnesses in his favor, 
and in prosecutions by indictment or information a speedy public 
trial by an impartial jury of the vicinage," Very many times in 
the trial of a cause depositions are taken, and the witnesses are 
not present in court, so the testimony taken in a former trial is 
read against him upon a second trial. It is done by the consent 

Digitized by VjjOOQIC 



54 Lavery V, Commonwealth. 

of the defendant, and so far it is a waiver by the defendant of the 
privileges of the bill of rights. The defendant is also entitled to 
a speedy public trial by a jury of the vicinage, and he applies for 
a continuance (it may be for one, two, or three weeks), and does 
not demand a speedy public trial, does he not, then, waive a 
privilege of the bill of rights? 

I might enumerate many other cases wherein individuals have 
waived, where they conceived it to be for their own benefit, the 
privileges of the bill of rights and the provisions of the constitu- 
tion. I think this act of Assembly, wherein it gives this defend- 
ant the right, if he so elects and demands, to be tried before a 
justice and jury of six, without the delay and expense of a trial 
in court, is perfectly legitimate, and not in violation of any con- 
stitutional provision. 

It is said that the defendant's consent cannot give the court 
jurisdiction of an offense. That is very true. But it is not con- 
sent that gives jurisdiction in this case: it is the act of Assembly 
that gives jurisdiction, and the justice allows that act of Assembly 
to operate in the defendant's favor upon his own personal demand. 
The suggestion that consent cannot give the court jurisdiction is 
also to be taken with a grain of allowance. Courts do sometimes 
obtain jurisdiction by consent, and make decrees that are enforced, 
and the jurisdiction of the court would be adhered to. For ex- 
ample, the Common Pleas and Orphans' Court have each juris- 
diction over the proof of contracts of decedents and partitions of 
decedents' estates. In some, at least, of these cases a party may 
and does choose his own forum, and hence jurisdiction, or the 
right of making a decree, is, to some extent at least, dependent 
upon choice or consent. So with the equity side and common 
law side of the court. A suitor proceeds on the equity side of 
the court where the common law side of the court has jurisdic- 
tion, and if no objection by the opposite party or by the court 
itself is interposed, their decrees are legitimate and have full 
force. Hence it cannot be exactly true, in the broad acceptation 
of the term, that consent cannot give jurisdiction. However, in 
the case before us, it is not consent, but the act of Assembly, 
which gives jurisdiction. 

I cannot, therefore, conceive that this act of Assembly is un- 
constitutional in any sense or respect, and, therefore, the excep- 
tions are overruled, and judgment and sentence are affirmed. 

Per Curiam (December ii, 1882) — This judgment is affirmed 
upon the opinion of the learned judge in the court below. 
Judgment affirmed. 

Digitized by VjjOOQIC 



SHERIFF'S SALES. 229, p. 4»C,ctc.; i lot to John McCarty, dated Novcm- 

Absiract of property to be sold by Wm. O'Malley, bcr 2, i88i ; 1 lot 10 Thomas Manning, D. B. 216, p. 
Sheriff of Luieme county, on Saturday, March loih, 377, etc.; ij^ lot-s to John McEwcn, or Owen, D. H. 
A. D. 1883. u 10 o'clock A. M.. at the Arbitration 224, p. 139, etc.; 1 lot to Catharine Nicols, D B. 226, 
room, in the Court House, Wilket-Barre, who will p. 292, etc.; 1 lot to Catharine Mann, or Naan, D. B. 
proceed with the different properties in the order in 1-^27, p. 43; i lot to Patrick or Michael O'Brien, dated 
which they are number, to wit : 1 November 2, 1881 ; i lot to Mary Brown, dated Octo- 

X jber 25, 1881 ; i lot to Mrs. O'Boyle, dated October 25, 

Suit of the Empire Building and Loan Association 1881 ; i lot to John Roach, D. B. 228, p. 455, etc.; 1 
V. John T. Walters. jlot to Rosanna McGovern. D. B. 227, p. 26; i lot to 

158 April term, 1881. Debt, ^566.93. Fi. fa. 26 John McOarhart ; 7 lots to James Hughes, 2 deeds, i 
March term, 1883. D. S. Bennet, Att'y. jfor 2 lots, dated April 22, i88a, other for 5 lots, dated 

The surface of all that lot of land on the easterly side October 5, 1881 ; i lot to Michael Diver; i lot to John 
of Meade street, city of Wilkes-Barre, being 40 feet | Sullivan; also 1 lot on back of lot towards mountain 
front on said stteet, and about loo feet in depth, the 1 to Caleb S. Maltby of 50 acres, dated April 6,1877, 



rear end uf said lot being bounocd by a public alley ; 
improved, with a two-story frame dwelling house, 
frame bam, outhouses, and fruit trees thereon. 
s 

Suit of Catharine Youngblut t. Ferdinand Youngblut. 

63 March term, 1883. Debt, ^231.50. Fi. ta. 23 
March term, 1883. D. S. Bpnnet, Att'y. 

All that lot of land on Tannery street, city of Wilkes- 
Barre. bounded northerly by J. Youngblut, easterly 
by Johnson, southerly by A. Youngblut, and westerly 
by Tannery street, being about 50 feet front on said 
street, and x8o feet in depth; improved, with a i^- 
story frame dwelling house, bam, outbuildings, and 
fhitt trees thereon. 

Suit of the Wyoming Building and Loan Association 



and recorded in D. B. 204, p. aoi, etc. 

The said land (not including that reserved^ is im- 
proved, with one large farm house, six frame buildings, 
an apple orchard of 200 bearing trees, one large bam, 
and several outhouses thereon. About 20 acres alto- 

f^ether is laid out in building lots, about 55 acres of said 
and is eood farming land, and about 15 acres is good 
timber tor mining purposes. 

5 

Suit of Abram Fairchild v. Calvin Wadhams. 

344 October term, 1882. Debt. ^1,857. Vend. ex. 
IX March term, 1883 Hakes & Bennett, Att'ys. 

X. The surface of parts of certified lots 14 and 15 in 
the first division of Wilkes-Barre township, being the 
whole ol town lots 23,24, 27, 28; two-thirds part undi- 



ofVilkes-Barre, No. a, v. Peter Wallace, and Peter vided of 22, 29. and^o, located on Franklin and Main 
Wallace, Administrator, etc.. of Hannah Mariah Wal-lf^rcet*; also pa^* ^^ ^^V^V,"' »"fy* adjoining said 
lace deceased I'ots 22 and 23, situate in the rifteenth ward of the city 

89' November term. x88a. Debt.1750. Lev. fa. 6 o<"Winces-Barre; all improved. 
- • - E. G. Bi 



March term. 1883. E. G. Butler, Att'y. 

A lot in the city of Wilkes-Barre, beginning at a 
stone coTBer on Wood street, thence running back 
northeast along the line of Sanford E. Parsons 100 feet 
to a comer, thence along the line of Abraham Merrick 
and M. Wood southwest 40 feet to a comer on Wood 
street, thence along Wood street 45 feet to the place 
of fa^innin^, containing about 5.37S square feet : all 
hnproved.with a largea^-storieddwclliiig house, bam, 
and other outbuildings, and fmit trees thereon. 

Suit of Aaron Brown v. George Coray. 
1^6 May term, 1881. Debt, $10,311.92. Lev. fa, 
as March term, 1883. Dickson & Athcnon, Ait'ys. 
AH the surface and right of soil in all that certain 



Pan of a 3-rod road in the city of Wilkes-Barre," 
bounded on the northwest by lots i, 2, and 3 in the 
certified township of Wilkes-Barre, on the northex*t 
by a part of said road, on the southeast by lots 13, 14, 
and ij; in said first division, and on the southwest by 
the Hanover township line, containing about 1% acres 
of land. 

3. The surface of a lot in the township of Wilkes- 
Barre, bounded on the northeast by Blackman street, 
and on the other three sides by lands of the Franklin 
Coal Company, being about Z^% feet in front on said 
street, ana about 145 feet deep, with a i^-story frame 
house thereon. 

4. The two e«]ua1 undivided thirds part of the surface 
of land not heretofore sold by Calvin Wadhams et al.. 



Kiece and parcel of Und situate In the town.ship of '" ^^^ city of Wilkcs-Barrc, beginning at a corner on 
Lingston, Luzeme co«inty. Pennsylvania, bounded and the mam road, thence by lands of the estate of Alex 



described as follows, to wit : Beginning at a corner on 
the main road mnning through said township, being 
aiso a comer of cros.*i road ; thence along said cro»s 



McLean, deceased, 214 6-10 perches to a comer, thence 
33 3-1^ perches to a corner on line of Hanover town- 
ship, thence along same 714 6-io perches to a stone 



road, N. 33^^° W, 578 perches to stones corner in line comer on the said mam road, and thence by same 33 
of the mountain tierof the fourth division of said town.]3->o pcrches to the pl.^cc of beginning, being part ol 
ship; thence along said line, S. 43" W.. it 7-xo otrcncs lot 21 in the third division of lots in certified NVilkes- 
'^^ the 



^, „ ^^W.,37 7-xopercnes 

to a comer of purpart No. 5 in the partition of the real 
estate of Elijah Shoemaker, deceased, now belonging 
to the esuteof Chas. D. Shoemaker, deceased ; thence 



along said purpart No. 5, S. 33^4° E., 379 3-10 pcrches 
tt> a corner on the back road ; thence S. 4^° W., i 8-10 
perches to a comer; thence S. 33^4° E., along otherL^-^jJJ'j^^^'JJ'J'g^ 



Barre township ; all improved. 
6 
Suit of Peter Seibel v. Oscar F, Gaines and H. A. 
^i Gaines. 

320 January term, 1883. Debt, $218 72. Lev. fa, 

^ _,_ 1 12 March term, 1883. Miller, Att'y. 

part of purpart No 5 aforesaid a 3 perchesto the mami ^ lot of land in the borough of West Pittston, l>e- 
road aforesaid ; and thence alongsaid road, N. ^sK"* ginning at a corner of Luzerne avenue, thence along 
L.,4 perches to the place of fesmning; containing jj^^ij ^^^^^ f^^t to a corner, thence 230 feet to H 
140 acres of hnd. more or less ; being the same prem-i^^rn^r on ^„ j^l, ,hcnce along said alley 50 feet to a 
tteswnvcved to the said George Corav from Danielicomer thence 230 feet to the place of beginning, con- 
Scarie ancf John M. Siark by deed dated Apnl ^, 1877. 'laining xx.500 square feet of land, more or lessf being 

Excepting, however, frona this sale the followfng loU I j^j jjo 997 on Luzerne avenue, 
heretofore sold and released ; the said lots are 50 feet; '^ 

from by 175 feet in depth. The place of record ofl 7 

deeds of said lots in Luzeme county Recorder's office { Suit of Samuel Yan Loon v. Martin Brcnnan. 
b given, so far as the same are recorded. They .ire 198 April term, i88t. Debt, ^122.52. Vend. ex. 5 
likewise designated on the ground :^^x lot to F. C^ Pi!- March term, 1883. Magee, Att'y. 

All that lot of land on Franklin street, in the borough 
, of Plymouth, bounded on the southwest by FrankHn 
I street, on the southeast by land of A. J. Case, on the 
I northeast by land of Lloyd W. Williams, and on the 



ger, dated April x, 1881 ; i lot to Mary Tieue, D 
128. p. 54X, etc., I lot to A. Brown, dated October 25, 



1881 ; I lot to R. C. Shoemaker et al.; x lot to William • 

and Margaret McDowell, D. B. 227, p. x8o ; x lot to 1 ^ _, ^ , 

Patrick Rogers, dated October 25, 1881 ; i lot to Dan'lj northwest by land of Ira Davenport, being 50 Icet in 
McAlisier, £>. B. 220, p. 153, etc.; x lot to lames Mc- front by 150 feet in depth ; all improved, with a two- 
Quade. D. B. aa6, p. 84, etc.; x lot to John McDermott, story frame dwelling house, with basement, and other 
dai«d October 26, i88x ; x lot to William Jones, D. B. I outbuildings thereon. 

39 



Digitized by VjjOOQIC 



Suit of the Anthracite Building and Loan Association 
of Wilkes-Barrc, Pa., now in part to the use of Peter 
Ward, Administrator of the estate of James Ward, 
deceased, v. Daniel Sullivan. 

x66 November term, 1881. Debt, $709.00. Fi. fa. 
20 March term, 1882. O'Neill, Alt'y. 

A lot of land in the township of Wilkes-Barre, be- 
ginning at a point in the Blackman road on the line of 
Kidder street, thence along Kidder street 310 feet to a 
corner of lot No. 49, thence to the comer of lots Nos. 
41 and 42, thence 210 feet to the line of the Blackman 
road, and thence along the Blackman road to the place' 
of beginning, containing about 23,100 square feet of 
land, more or less, being lot No. 41 on plot of lots laid 
out by Ketcham et al.; all improved, with a frame 
dwelling and outhuses thereon. 

9 

Suit of Abram Goodwin, Jr., et al., Executors, etc., 
V. Elliott Aldrich, Adminislritor of George Cussey, 
deceased. 

104 January term, 1880. Debt, $596.44. Fi. fa. 4 
March term, 1883. Powell, Att'y- 

All that lot of'^land in the township of Plymouth, 
beginning at comer on old Ross Hill road and Mrs. 
Lydia Jones' lot, and running along said Mrs. Jones' 
lot northwesterly 100 feet to corner, thence by said 
Mrs. Tones' lot 40 feet to comer of said lot and fine of 
land late belonging to John Gould, thence along said 
line northwesterly 153 feet or thereabouts to a 20-foot 
alley, thence along said alley 91^4 feet to a comer, 
thence southeasterly 348^ feet to said old Ross Hill 
road, and thence along said road southwesterly 50 feet 
to the place of beginning ; all improved, and having 
erected thereon one two-story frame dwelling house 
and outbuildings, and fmit trees. 7-9 

xo 

Suit of Ezra Stair v. Abraham Arnold and Elizabeth 
A mold. 

134 February term, 1883. Debt, $306.35. Fi. fa. 
14 March term. 1883. Cannon, Att'y. 

Also three other suits of same amount. 

All that lot of land in Slocum township, beginning 
at a stone planted for a corner in the middle of a public 
road, thence along the Christian Leuder estate and 
middle of said public road 39 3-10 perches to a stonel 
corner of land of Josiah Jones, thence along land of the 
same 36 8-10 perches to a post, thence to a post in the 
public road, thence along said public road 51 a-io 
perches to a stone comer, the place of beginning, con- 
taining 10 acres of land, more or less ; all improved, 
with a two-story frame dwelling, a bam, and other 
outhouses, and blacksmith shop and fruit trees thereon. 

ESTATE OF JOHN BLANCHARD, DEC'D. 
In Orphans Court of Luzerne county. In Re 
Petition of James Post and Joseph Blanchara, Admin- 
istrators of said estate, for specific performance of con- 
tract with G. M. Wolf. 

Now, nth January. 1883, the court order citation to 
the parties interested a«d named in the petition to 
appear and show cause why the prayer of the pctiUon- 
crs shall not be granted, 41c. By thb Court. 

Certified from the records, this 15th day of Febmary, 
1883. Joseph Hbmdlrr, Clerk O. C, 

Per B. M. Crary, Ass't. 

In pursuance of the above order, notice is hereby 
ffivcn to Eveline Clark, Joseph Blanchard, John Rob- 
bins, Ada Robbins, Clarence Kobbins, Matiic Robbins, 
William Kobbins, Jackson Robbins, Caroline Post, 
Mariah Savage, and Martha A. Bisher, children and 
heirs of John Blanchard, deceased, and G. M. Wolf, 
to appear before Hon. D. L. Rhone, Judge of the 
Orphans' Court, to be held at Wilkes-Barre. Luzeme 
county, Pennsylvania, on Monday, the lath day of 
March, 1883, at 10 o'clock A. M. of said day, to answer 
the said petition. 

M. E. WALKER, 
7-9 Attorney. 



ESTATES TO BE AUDITED BY THE 
Orphans' Court of Luzeme county. Notice i» 
hereby given that accounts have been filed and con- 
firmed absolutely by the court in the following estates : 
z. George Klinger; Joseph McMurtrie and Gideo* 
D. Klingcr, Executors ; 6th March, 188^. 

3. John Gross; Samuel Benncr, Administrator; 6tb 
March, 1883. 

3. Bei\jamin Chandler ; Abram C Chandler and D. 
A. Reeves, Executors; 7th March, 1883. 

4. M. L. Everett; l^c Everett, Executor; 8th 
March, 1883. 

5. James Castcrline; Joseph Casteriine, Adminis- 
trator; 8th March, j88?. 

6. Silas Callendar ; Cbrk Caliendar, Administrator ; 
9th March, 1883. 

The accounts enumerated and designated in the 
above list will be audited by the court, in the Court 
House, in the Orphans' Court room, during the session 
of court on the days set forth opposite the name of each 
estate, at which time all persons interested shall attend, 
if they see fit, and present their claims against said 
estate, or forever thereafter be debarred from coming 
in upon said fund. 

JOSEPH HENDLER. 
7-9 Qerk O. C. 



WIDOWS' APPRAISEMENTS. 
Notice is hereby given to all persons concerned, 
that widows' appraisements in the following estates 
hare been approved nisi by the Orphans' Court of 
Luzeme county, and, unless exceptions are filed, wil I 
be presented for final approval on Monday, the 5tb 
day of March, 1883: 

Robert Helm, iMniel Van Scoy, Thomas Hutchins, 
Samuel Wolf, James C. Howells, Wm. H. Sperring, 
and Hiram George, deceased. 

JOSEPH HENDLER. 
7-9 Clerk O. C. 



LUZERNE COUNTY, ss: 
To all whom it may concern : Take notice that 
H. J. Secly and Peter Meixel, Tmstees of the real 
estate conveyed by Christian Billhamer and wife to 
the German Presbyterian and Lutheran Churches of 
Salem, have applied to the Court of Common Pleas of 
Luzeme county for an order to sell .said property, and 
that all persons interested may be heard before said 
court on Monday, March i3, 1883, at xo o'clock A. M. 
By order of the court. 

Q. A. GATES, 
8-10 Attorney. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of A^<(em- 
bly. entitled *'An Act to provide for the incorporation 
and regulation of certain corporations," approved April 
39, 1874. and the supplements thereto, for the incorpo- 
ration of an intended corporation, to be called " Ihe 
Hazleton Coffin and Casket Company," the character 
and objects of which ar« the manufacture of and deal- 
ing in coffins, caskets, and undertakers' supplies, and 
materials of all kinds, and the manufacture of and 
dealing in all kinds of wood work, cabinet, carpenter, 
and building material. 

QEO. H. TROUTMAN, 
7-Q Solicitor. 



JOHN F. EVERHART, 
a student at law in the oBicc of G. S. Ferris, will 
apply at March term, 1883. for admission to practice 
as an attorney in the several courts of |he county of 
Luzeme. &-10' 

40 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of the Judges 
of the Court of Common Pleas of Luzeroe county, un- 
der the provisions of the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula- 
tion of certain corporation." approved April 29, 1874, 
and the supplements thereto, on Monday, the 5th day 
of March, 1883, at 10 o'clock A. M., for the incorpo- 
ration of an intended corporation, to be called "Ihe 
Excelsior Comet Band," of West Pittston, the char- 
acter and objects of which are the practice and promo- 
tion of music. 

F. C. MOSIER, 
7-9 Solicitor. 



Digitized by VjjOOQIC 



NOTICE. IS HEREBY GIVEN THAT AN- A UDITOR'S NOTICE, 
application will be made to the Court of Common xjL The undersiened, an Auditor, appointed by tRe 
Pleas of Liueme county, on Monday, March 5, 1883,1 Court of Common Fleas of Luzerne county to distnb* 
at II o'cl(xk A. M., under the Act of Assembly of the.ute the fund arising from the Sheriff 'si sale of the real 
ConuDonwcalih of Pennsylvania, entitled "An Act to, estate of C. D. Weils, will attend to the duties of his* 
provide forth e incorporation and regulation of certain, appointment, at his office, on Franklin street, in the 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
aad regulation of certain corporations," approved 29th 
Aptii, 1874. and the supplements thereto, for the incor- 

eon of an intended corporation, to be called " The 
^ ai " ' ■ 



city of Wilkes-Barre, on Tuesday, February 27, 1883, 
at 10 o'clock A. M., at which time and place all parties 
interestea are notified to appear and present their 
claims, or be debarred from coming in on said fiind. 

HENRY A. FULLER, 
5-8 Auditor. 



Qorponiiioas," approved Apni >9th, 1874, and the sup- 
plcaients thereto, for the charter of an intended corpo- 
ration, to be called " The Freeland German Cornet 
Band," the character and object whereof is for social 
cfljoyaieot and the culture of music, and for these pur- 
poses to baye, possess and enjoy all the rights, benefits 
aad privileges of said Act of Assembly and supplements. 

M ^' * ^^SoHcltor. A EDITOR'S NOTICE. 

l\ The undersigned, an Auditor, appointed by the 
Court of Common Fleas of Luxeme county to distrib- 
ute the fund arising from the Sheriff's sale of the per- 
sonal property of LeGrand & Boyer, will attend to the 
duties of nis appointment, at the office of Alexander 
Famham, Esq., on Franklin street, in the city of 
Wilkes-Barre, on Wednesday, the 14th day of March. 
1883, at 10 o'clock A. M., at which time and place all 
Wyoming Accidental Insurance Company," the object persons having claims against said fUnd are notified ta 
4/ which is to insure workingmen of all clsLSses against present the same, or be forever debarred from coming 



accidents while at work. 



W. H. HINES, 

Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide ^r the incorporation 
au regulation of certain corporations," approved a9th 
April, I S74, and the supplements thereto, for the incor- 
pomion of an intended corporation, to be called " The 
CoBSUBien Coal Company, the character and objects 
of vhich are the mining, preparing, shipping, selling, 
piuchasing. and otherwise dealing in antnracite coad, 
aad also the leasing, purdiasing, and holding, and 
demising real and personal estate connected therewith. 

E. P. & J. V. DARLING, 
l-w Solicitors. 



ESTATE OF ELIZABETH KNAPP. DEC'D. 
In Orphans' Court of Luzerne county. In Re 
Petition of John Cooper for appointment of^ Guardian 
ad litem for children of Joseph D. Cooper, etc. 

Nov. 5th February, 1883, rule is granted to show 
OBsewhythe said minor children of Joseph D. Cooper 
sball not appear in court on or before the sth day of 
March, 18S3, ^^^ choose Guardians to represent them 
ia this estate, and in default thereof to show cause why 
John Cooper, the petitioner, should not be appointed 
Goardian ad litem. Notice to be given by advertise- 
laeoi in one weekly newspaper in said county for three 
wcdts, a copy of Mid newspaper to be mailed to the 
hst residence of Sarah Cooper, mother of said minor 
children. By thb Court. 

Certified from the records, this 7th February, 1883. 
JOSEPH HENDLER, Clerk O. C, 

Per B. M. Crary, Ass't. 
F. C. STURGES, 

Attorney. 6-8 



in on said fund. 
7.10 



R. D. 



EVANS. 

Auditor. 



LUZERNE COUNTY ss: 
In Re Assignment of A. N. Meylert for the benr 
efit of creditors. Notice Is hereby given that the 
Executors of the last will and testament of H. B. 
Wright, deceased, have exhibited and filed a final 
account of the said H. B. Wright, Trustee for the 
estate of A. N. Meylert, which account will be con- 
firmed and allowed on the 5th day of March, 1883, 
unless cause is shown to the contrary. 

JAMES M. NORRIS, 
6-8 Prothonotary. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 106, November term, i88a. Libel in divorce a 
vinculo matrimonii. James Henderson v. Catharine 
Henderson. To Catharine Henderson — Please take 
notice that the court has granted a rule on you to show 
cause why a divorce a vinculo matrimonii shall not be 
made and entered in favor of the libellant, service of 
the original and alias subpoenas having failed on ac- 
count of your absence. Returnable on Monday, 5th 
March, 1883, at 10 o'clock A. M. 

ALFRED DARTE, Jr., 
8-9 Solicitor. 



AUDITOR'S NOTICE. 
Id 



Re Indebtedness of Wright township. The 
aadenigned has b^n appointed an Auditor to ascer- 
taia and marshal the indebtedness of the above town- 
sbip. AH those who have claims or demands against 



the came are required to present them before me, on 
Saturday, the 3d of March, 1883. at 10 o'clock A. M. 



5^ 



STRAUSS. 

Auditor. 



AUDITOR'S NOTICE. 
Estate of Elias Hoyt, dec'd. The undersigned, 
u Anditor, appointed to rei>ort upon the exceptions to 
tbc account of Executor, will attend to the duties of 
bis appointment, at his office, in the city of Wilkes- 
Bwre, on Saturday, March 24 th, 1883. at zo A. M. 

G. R. BfiDFORD, 
^11 Auditor. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 5a, November term, 1882. Libel in divorce a 
vinculo matrimonii. Mary T. Morgan, by her next 
friend, David Maxey, v. Davfd C. Morgan. The alias 
subpoena in the above case having been returned non 
est inventus, you, the said David C. Morgan, are here- 
by notified to appear at said court, on Monday, March 
5, 1883, at XI o clock A. M., to answer the complaint 
therein filed. 

WILLIAM O'MALLEY, 
GEO. H. TROUTMAN, Sheriff. 

Solicitor. 6-9. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 597, October term, 1883. Libel in divorce a vin- 
culo matrimonh. Hannah Barker, by her next friend, 
William Kitching, v. Francis Barker. The alias sub- 
poena in the above case having been returned non est 
inventus, you, the said Francis Barker, are hereby 
notified to appear at said court, on Monday, the stb 
day of March, 1883, at zo o'clock A. M., to answer 
the complaint therein filed. 

WILLIAM O'MALLEY, 
EDWARD A. LYNCH, Sheriff. 

Solicitor. 6-9 

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SHERIFF'S SALES. 
Abstract uf property to be »old by Wm. 0*MaUey, 
Sheriff of Luzerne county, on Saturday, March 3d, 
A. D. 1883. at 10 o'clock A. M., at the Arbitration 
•room, in the Court House, Wilkes-Barre, who will 
proceed with the different properties in the order in 
which they are numbered, to wit : 
I 

Suit of Christian H. Sherer, assigned to William B. 
Mitchel, V. Arnold Bertels. 

1016 September term, 1878. Debt, $2,^. Fi. fa. 
2 March term, 1881. Darte, Jr., Att'y. 

All the one-third part undiTided of all the following 
described pieces of land, in the city of Wilkes-Barre, 
to wit : 

X. Beginning at a comer of lot of A. Bertels on a 
street running neariy east from Main .ttreet, at a point 
nearly opposite Wood street, thence along line of said 
Bertels' lot about 120 feet to a comer, thence about 20 
feet to a comer, thence about 20 feet to land sold to 
Jacob Farrek, thence along said Farrek's land about 
I20 feet to said street, thence along said street 20 feet 
to the place of beginning, containing about 2,400 square 
feet of land. 

2. Beginning at a comer on the southeast side of 
Careytown road, thence at right angles to said road 
along line of lot now or late of Charles Morgan & Son 
ao4 feet to line of the old Lehigh and Susquehanna 
Railroad, thence in a southerly direction alons said 
railroad about 45 feet to a corner of lot now or tote of 
Simon Long^ Trustee, thence along said Long's lot 227 
feet to said Careytown road, thence northeasterly along 
said road 40 feet to the place of beginning, conuining 
8.620 square feet of land, being lot No. 7 as shown on 
plot made by C. Scharer. 

,^. Beginning at a comer of land now or late of Abi- 
gail Hotchkiss, and mnning thence along the line of 
Canal street 3 perches to a comer, thence adjoining 
land now or late of Jesse Fell 8 perches to a comer, 
thence to a comer on land of said tesse Fell 3 perches, 
thence on the line of Abigail Hotchkiss' land 8 perches 
to beginning, conuining 24 square perches of ground. 

4. Beginning at a comer on Washington street, 
thence 244 feet to a comer, thence 40 feet to a comer, 
thence along land of the Jewish Synagogue 24^ feet to 
said Washington street, and thence along said street 
40 feet to the place of beginning. 

5. Fronting on Scott street, between Pine street and 
Baltimore lane, the same being about 50 feet front on 
said Scott street, and extending iu the same width to 
the depth of 150 feet, containing 7.500 square feet of 
land. 

6. Beginning at a comer on the northwest side of 
Oregon street, at the south comer of lot now or late of 
Levi King, thence along said Oregon street 56 feet lu 
inches to a comer of lot now ovtrneaby John E James, 
thence along said James' lot 146 feet 10 inches to the 
school house lot, thence 57 feet 3 inches to said Levi 
King's lot, thence about 140 feet to said Oregon street, 
the place of beginning, containing about 8,153 square 
feet of land. 

7. Beginning at a comer on Bamey street about 80 
feet west from Wood street, and in line of land sold to 
Charles Feuerstein, thence at right angles to said Bar- 
ney street and along said line about 100 feet to land 
late of Henry House, thence along the same and par- 
allel with said Barney street 120 feet to land late of 
Mrs. Mann, thence along said Mann lot about too feet 
to said Barney street, thence along said street about 
120 feet to the place of beginning, containing about 
12,000 square feet of land. 

8 Being the suHace of those two lots adjoining, on 
the northeast side of Parrish street, beginning at a 
comer about 230 feet from Hazle avenue, thence at 
right ansles from said street about 200 feet to land for- 
meriy of Jonathan Jones, thence along the same par- 
allel with said street 80 feet to a comer, thence at right 
angles to line of said Jones lot about 200 feet to said 
Parrish street, and thence along said street about 80 
feet to the place of beginning, containing about 16,000 
square feet of land. 

9. All that piece of land in the township of Lake, 
commencing on the comer of lands in the warrantee 
I of Allen Bump and Herman Chambers north 

43 



ast percbes to a comer, thence east 328 perches along 
line in warrantee name of A. Bailey to a comer, iheoce 
south 957 perches along line of lands hi warrantee 
names of Amasa Bailey and Adam Mann, thence west 

St8^ perches along line of warrantee names of Allen 
ump and Nancy Mann to a comer, being a tract of 
land in the warrantee name of Amasa Bailey, contain- 
'<i8 474 acres and allovrance ; unimproved. 
s 

Suit of Oscar J. Harvey, assigned toOlin F. Hanrey, 
V William P. Rudolph and Martha E. Rudolph, his 
wife. 

423 May term, 1882. Debt, I817 61. Al. lev. fa, 
X March term, 1883. Harvey, Att'y. 

A certain piece of land in the cliy of Wilkes-Barre, 
beginning at a comer on Orchard street, thence by the 
.same 40 feet to a comer, thence 200 feet to a comer, 
thence 40 feet to a comer, thence 200 feet to the place 
of be^innine : all coal and other minerals reserved 10 
Reading & Hunt ; improved, with one two-story frame 
dwelling house and outhouses thereon. 6-8 



O' 



ORPHANS' COURT SALE. 
Estate of Catharine Stout, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be sold at public sale, at the Arbitration 
room. Court House, at Wilkes-Barre, on Saturday. 
March 10, 1883, at xo o'clock A. M., all that piece of 
land in Salem township, bounded northerly by the 
Pennsylvania Canal, easteriy by lands of CatluiriDe 
Stukey and Daniel Brobst . southeriy by the Susque- 
hanna river, and westerly by lands of Josiah F. Beach, 
now James Lockard, containing one acre, more or less ; 
improved, with two i>^ -story frame dwelling houses 
and other small outhouses thereon, also somefrait trees. 
Terms of Salb— $50 cash down on day of sale, and 
the balance of purchase money on confirmation of sale 
and delivery of deed. 

WESLEY RABERT, 
T. R. MARTIN, Administrator. 

Attsmey. 7.9 

RPHANS' COURT SALE. 
Estate of James Gallagher, deceased. By virtue 
of an order of the Orphans Court of Luzerne county, 
the undersigned will sell at public auction, on the 

K remises, at Hazlcton, on Thursday, the 15th day of 
larch, 1883, at 2 o'clock P. M., all that lot of ground 
in the borough of Hazlcton, which originally consisted 
of two lots of ground, bounded and described as follows : 

The one lot is on the southwest corner of Wyoming 
and Maple streets, containing in breadth or front on 
said Wyoming street ^o feel, and extending of that 
breadth in lenghth or depth along the south side of 
.Maple street i^ feet to a 20-foot wide street. 

1 ne other is on the west side of Wyoming street, 
commencing at a distance of 120 feet northward from 
the north side of Green street, containing in front or 
breadth on said Wyoming street 30 feet, and extending 
of that breadth in length or depth westward 190 tcet to 
a 20-foot wide street. 

Both the lots being contiguous, and to be sold as one 
lot, being 60 feet in front or breadth, and 190 feet in 
depth or length. All improved, with a two-story frame 
dwelling house and outbuildings thereon. 

Terms of Sale— 20 per cent cash, and the balance 
on confirmation. 

JAMF^ F. GALLAGHER, 
7-9 Administrator. 

ORPHANS' COURT SALE. 
Estate of Lewis Weidenbach, dec'd. By virtue 
of an order of the Orphans' Court of Luzeme county, 
there will be exposed to public sale, on the premises, 
in Hazlcton, on Saturday, March 10, 1883, at 2 o'clock 
P. M., a lot of KTOund on the south side of West Broad 
street, in the borough of Hazleton, bounded on the 
north Broad street, on the east by lot of Susan E. 
Bright, on the south by Mine street, and on the west 
by lot of F. Lauderbum, containing in front on said 
Broad street 19 feet and 4 inches, and extending of this 
width back to Mine street X50 fieet; upon which is 
erected a two-story frame building, used as a store by- 



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Povdl Brothen & UmtU, together wHh joint use or 
chiJBoey situate on the division line of said property 
00 the cast, and to remain unchanged as long as builcl- 
iap are onchanged. 

Tnjfs OP Sals— 9^ per cent cash on day of sale, as 
per cent on coafirmatK>n of sale, and the balance m six 
nonths from day of sale ; to be secured by bond and 
aortgage, with interest. 

JOHN G. SEAGER, 

C, W. KLINE. Adm'r d. b. n. c. t. a. 
Attorney. 7-9 

ORPHANS' COURT SALE. 
Estate of Thomas HutchinS, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
dMrewill be ezp(»ed to public sale, at the Terra Cotu 
Works, in Wyoming village, on Friday, March i6th., 
1883, at 10 o'clock A. M., the following described real, 
estate, viz. : | 

I. AH those messuages and tracts of land (the sur-; 
f»ce thereof) in the village of Wyoming, Kington 
tflwaship, bounded and described as follows, to wit : 

(I) Beginning at a comer of land of Isaac C. Shoe- 
maker, thence alone said Shoemaker's land from the 
Borth rail of the Lackawanna and Bloomsbura Railroad 
14 rods and 33 links to a comer on land of William S. 
Skoeniaker, thence along the said lands of William S. 
Sboemaksr is rods to a comer, thence along lands of 
William S. Shoemaker 19 rods and 9 links to a comer 
a the north rail of the said Lackawanna and Blooms- 
burg Railroad Co., thence down said railroad 25 rods 
aod I link to a comer, the place of beginning, contain- 
iag I acre and 96 perches cf land, be uie same more or 
k». 

(3) Beginning at a comer of land of Thos. Hutchins, 
<koeased, and Isaac C. Shoemaker, thence 3 rods to a 
comer, thence 14 rods and 14 links to a comer, thence 
t rod and 2 links to a comer on said Hutchins' land, 
tbence 15 rods to a comer, the place of beginning, con- 
taining 30 perches ot land, more or less. 

(3> Banning at a comer of land of Thos. Hutchins, 
deceased, at north rail of the Lackawanna and Blooms- 
burg Railroad, thence along land of the said Hutchins 
aad W. S. Shoemaker 17 rods and 22 links to a comer, 
thence 4 rods to a comer, thence 11 rods and 3 hnks to 
a corner, thence 14 rods and 10 links to land of Law- 
rence Myers, being the Commissioners' line between 
iott Nos. 35 and ^6, third division of Kingston town- 
&kip(i8feet in width along the northwest side to re- 
main in Isaac C. Shoemaker for a rieht of way only), 
theace 6 rods to the north rail of the Lackawanna and 
Bkmnsburg Railroad Company, and thence along the 
said railroad 14 rods and 10 links and 4 rods to the 
place of beginning, containing 156 perches of land, 
■ore or less. 

(4) Beginning on the east comer of the Lackawanna 
iM Koomsburg Railroad Company's depot lot, at the 
sorth rail of said railroad, thence 6 rods to a comer, 
ibence 175^ rods to a comer near a linden tree on land 
of Lawrence Myers, thence 11 rods to the line of the 
Lackawanna and Bloomsburg Railroad, and thence 
down said railroad 7J4 rods to the place of beginning, 
containing 74 perches of land, more or less ; 18 feet on 
the northwest side of the last mentioned lot being re- 
»«rved by Isaac C. Shoemaker for a right of way ; and 
roCTving all the ooal and other minerals ; and having 
erected thereon a terra cotta manufactory. 

J. Being the premises on Careytown road, city of 
Wilkes-Bire, beginning at a comer of Patrick Wall- 
V^'% lot, and running back at right angles with said 
fosd 147 'e«t to a comer, thence on a line parallel with 
•aid road 50 leet to a comer, thence on a straight line 
^sraUd with the first 147 feet to a comer on said road, 
tbence up along said road 50 feet to the place of begin- 
aiag, containing one-quarter of an acre of land, more 
or less ; and having a two-story frame dwelling house 
Aod ootbnildings thereon. 

i- Bemg the premises in the borough of West Pitts- 
^Ot banning at a point on Philadelphia avenue at a 
dwtance of 50 feet southeastwardly from Fifth street, 
>ad extending southwestwardly at right angles to said 
aTCBoe the distance of aoo feet to Atlantic street, 
Jeace southeastwardly along said Atlantic street 50 
feet, thence northeasteriy at right angles to Atlantic 



street aoo feet to Philadelphia avemie aferesald, and 
thence northwesterly alon^^ said avenue <o feet to the 
place of beginning ; the said lot being No. 70, Phila- 
delphia avenue ; reserving all the fossil or mineral 
coal, iron, or other ores. 

TsRMS OP Salb— 10 per cent on day of sale, 15 per 
cent on confirmation of sale, and the balance (75 per 
cent) one year from sale, with interest from day of sale ; 
deferred payments to be secured by bond and mortgage 
on the premises. 

R. H. WEIR, 
R. H. HUTCHINS. 
McLEAN & JACKSON, Administrators. 

Attorneys. 8-xo 



ESTATE OF JULIA McNULTY, LATE OF 
Wilkes-Barre township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present tnem 
tor payment, and those indebted thereto will please 
make immediate payment to 

ALICE McNULTY. 
E. P. & J. V. DARLING, Administratrix. 

Attorneys. 8-13 



ESTATE OF W. S. HILLARD LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RUTH B. HILLARD, 
E. G. BUTLER, Executrix. 

Attomey. 8-13 

ESTATE OF JOSEPH SCHAPPERT, LATE 
of Nanticoke, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persoiu 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

MARY ANN SCHAPPERT, 
JACOB SCHAPPERT, 
8-13 Executors. 

ESTATE OF MICHAEL STEIN, LATE OF 
Dorrance township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

GEO. H, HINKLEMAN, 
7-13 Executor. 

ESTATE OF ELIZA BOWERS, LATE OF 
Wyoming, Kingston township, deceased. 
Letters testamentary upon the above named ^tate 
having been granted to tne undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

WILLIAM HANCOCK, 
8-X4 Executor. 

ESTATE OF ELIZABETH CONNELL, LATE 
of Pittston, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

J. A. COLLIER. 
JOHN H. MULLIN, 

Executors. 



ha< 



F. C. MOSIER, 



Attorney. 



43 



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Google 



ESTATE OF ANTHONY MEYERS, LATE OF, TESTATE OF JOHN BARNEY, LATE OF THE 
Hazleton, deceased. Hi boroueh of Nandcoke, deceased. 

Letters of administration upon the above named | Letters of administration upon the above named 
estate having been granted to the undersigned, all testate having been granted to fne undersigned, all per- 
persons having claims against the same will present .sons having claims against the same will present them 
them for payment, and those indebted thereto will for payment, and those indebted thereto will please 
please make immeaiate payment to make immediate payment to 

H. W. MEYERS, | CATHARINE BARNEY, 
A. R. BRUNDAGE, Administrator. .6-11 Administratrix. 
Attorney. 5-10, — — — — — 

STATE OF REV. CHAS. A. MATTINGLY. 
late of Nanticoke, deceased, 
of Nanticoke, deceased. I Letters testamentary upon the above named estate 

Letters of administration upon the above named [having been granted to the undersigned, all persons 
estate having been granted to the undersigned, all per- having claims against the same will present them for 
sons leaving claims against the same will present them payment, and those indebted thereto will please make 
for payment, and those indebted thereto will pleasejimmediate payment to 
make immediate payment to | KEY. THOMAS J. RAY, 

SAMUEL LINE, I REV. TIMOTHY J. DONOHUE, 
BENNETT & NICHOLS, Administrator. 6-11 Executor*. 
Attorney. 5-10! _ ^ 

ESTATE OF TOHN GILLESPIE, LATE OFj CHAS. D. FOSTER, 
Harie township, deceased. • ATTORNEY AT LaW, 

Letters of admmtstration upon the above named { ' 

estate having been granted to the undersigned, all per- f Wilxes-Barhk, Pa. 

sons having claims against the same will present them ^ 

for payment, and those indebted thereto will please! -ytr a P A RSONS 
make immediate payment to ■ * t 

OWEN GILLESPIE, , AlDBRMAN, 

JOHN D. HAY^ES.^^^^ Administrator.^^, Market Strbkt. W„,k,s.Barkk, Pa. 

McLean & jackson, calvin wadhams, 

Attorneys at Law, , Attorney at Law and Notary Public, 

Wilkbs-Barre, Pa. I Wilkbs-Barrh. Pa. 



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The Luzerne Legal Register. 

Vol. XII. Friday, March 2, 1883. No. 9 

<E)rpt)an3' (Jtourt of Cujernt Couutn. 



Eley's Estate. 

I. A deme of the rents, issues, and profits of land for a certaia period is equivalent to a devise of 
the land itself for the same period, and if the devise be without limitation as to time of enjoyment 
w other condtlions. It wiM carry a fee. 

3. A devise over, the intervention of a trtKtee, followed by a power of sale in the trustee, will be 
cocttidered conclusive evidence, in the absence •f a contrary intent expressed in the will, that 
the testator intended only to give a life estate to the first taker. 

3. A lease ot the exclusive right to mine and sell all the minerals in or under land, without limitaiioa 

as to quantity or time, is to be taken as a sale of the mineral in place, and consequently a sale 
of a portion of the land. 

4. A testator gave one-tenth part of his property, real, personal, and mixed, to the children of his 

900, John, to be equally divided among them on the death of their father, and directed that the 
said part " be held in trust by my executors during the life of the said John, and the interest or 
iocome arising from the same to be paid to the said John annually by my executors during his 
natural life.** He then authorized and empowered his executors " to sdl or dispose of all or any 
part of my real estate, or to lease the coal upon or under the same, and to convey the same to 
the purchasers by good and sufficient instruments of writing, provided '* they ' ' shall first have 
the written consent of the owners of six-tenths of the premises before selling or leasing the 
same." The executors leased all the merchantable coal upon, in, and under the land, the lessee 
agreeing to pay for the same, in periodical installments, at the rate of twenty-five cents per ton, 
etc. : //€ld, ikat the testator's soa, John, is only entitled to the interest on the insullments 
paid under the lease, smd not to the principal absolutely, the income being a product of the sale 
of a part of the <ar/ut of the estate. 

Exceptions to report of audit by the court. 

The opinioa of the court was delivered February 17, 1883, by 

Rhone, P. J. — This decedent died in November, 1879, leaving 
a will, dated August, 1876, and two codicils thereto, dated 
November, 1877, and November, 1879, respectively. The parts 
of the will relating directly to the claim of John S. Eley are items 
two and thirteen. 

Item two reads as follows: *'I give and bequeath one-tenth 
part of all my property, real, personal, and mixed, to the children 
of my son, John S. Eley, to be divided equally among them, 
share and share alike, at the death of their father, John S. Eley. 
The part hereby given to the children of John S. Eley, I direct 
to be held in trust by my executors hereinafter named during 
the natural life of the said John S. Eley, and the interest or 



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56 Elev's Estate. 

income arising from the same to be paid to the said John S. 
annually by my said executors during his natural life. From 
this share is to be deducted what money I have advanced to the 
said John S. Eley. which amount will be shown by the notes I 
hold against him." 

The thirteenth item reads as follows: "I hereby authorize and 
empower my executors hereafter named, and the survivor of 
them, to sell and dispose of all or any part of my real estate, or 
to lease the coal upon or under the same, and to convey the 
same to the purchasers by good and sufficient instruments of 
writing: Prmnded, however, that my said executors shall first 
have the written consent of the owners of six-tenths of the prem- 
ises before selling or leasing the same; and subject, also, to the 
provisions that the surface of the land between the main road and 
the railroad shall not be sold for fifteen years after my death." 

On the 7th day of October, 1881, the executors made a lease 
of the coal to the Delaware, Lackawanna, and Western Railroad 
Company. The lease is in the usual form of such conveyances in 
this county, the company agreeing to " mine all the merchantable 
coal upon, in, and under the land," and pay for the same, in peri- 
odical installments, at the rate of twenty-five cents per ton, with 
the right to take coal at any subsequent time at that rate where 
the periodical installments exceed the amount actually mined at 
the time of such payments. 

The fund now for distribution is an installment of rent under 
the coal lease. The court has reported a distribution of the fund 
to a trustee, to be invested by him for the use of John S. during 
his life, and at his death to pay the principal to his children; and 
to this distribution John S. has excepted, claiming that the fund 
should have been distributed to him absolutely. 

The exceptant's counsel claims the substance of the testator's 
language to be, that if his executors lease the coal under his 
land, as he has authorized them to do, then the income arising 
therefrom shall be paid to John S. annually during his life. This 
is, perhaps, the strongest light in which his case can be put, and 
retain any portion of the language of the will. Then it is argued 
the exceptant will take the income absolutely under the general 
rule, that " a devise of the rents, issues, and profits of land is 
equivalent to a devise of the land itself* We have stated the 

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Eley*s Estate. $y 

rule of law as it was argued by the counsel to be, but there must 
be added to it this important qualification, that in order to carry 
the fee a devise of the rents, issues, and profits must be without 
limitation as to time of enjoyment or other conditions. Bentley 
V, Kauffman, 5 Norris, 99; Frances' Estate, 25 Smith, 220. 

The same rule applies to personal estate, though with greater 
force. Millard's Appeal, 6 Norris, 457. 

In Frances' Estate the devise was to the testator's wife the 
"one-third of all my personal estate, and one-third part of all the 
income, rents, and use of my real estate," and to testator's son 
**all the residue and remainder of my estate, real and personal," 
giving his executors full power to sell and convey any and all of 
his real estate. The land was sold in pursuance of such power, 
and on the distribution of the fund it was held, reversing the 
court below, that the devise to the widow carried only a life estate. 
The reasoning of Judge Mercur in that case is very applicable to 
this one. 

Here there is a devise over, the intervention of a trustee, the 
express provision that the interest or income shall be paid by 
the trustees to the first taker "annually for life," followed by a 
power of sale in the trustees, which, in the absence of a contrary 
intent expressed in the will, shuts the claimant up to a life estate 
in the land and its proceeds in case of a sale. Sheets' Estate, 2 
Smith, 257. 

Here, as in the cases cited, the testator blends his personal and 
real estate; hence follows the expression, " interest or income" — 
interest on the personal estate fund and proceeds of a sale or 
lease, and income from the land if unconverted. 

As we remember the argument of the counsel for the except- 
ant, his next proposition is, that admitting it was the intent of the 
testator that his son, John S., should have only the interest on 
the fund in case of a sale of the land, yet when he used the term 
"lease" of the coal he meant a leasing in its ordinary sense, in 
which case the payments thereon must be considered as compen- 
sation for the use of the land, or income thereof, which would 
clearly belong to the exceptant absolutely. But a /ease of the 
exclusive right to mine and sell all the minerals in or under land, 
without limitation as to quantity or time, is to be taken as a saJe 
of the mineral in place, and consequently a sale of a portion of 



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58 Eley*s Estate. 

the land. Caldwell v, Fulton. 7 Casey, 475 ; Harlan v. Lehigh 
Coal and Navigation Co., 11 Casey, 287. 

Wherever a conveyance is made of mineral, whether the con- 
veyance be called a lease or a deed, it is, in effect, the grant of a 
part of the corpus of the estate, and not of a mere incorporeal 
right. Stoughton's Appeal, 7 Norris, 198. 

We are bound to presume that the testator knew the legal 
interpretation of the term "lease," and that in the absence of his 
own definition to the contrary, we must say he used it in the 
sense of a sale, as before shown, especially as he has prescribed 
no terms or conditions on which the lease should be made. It 
follows, then, that John S. has no more right to the income from 
the coal lease than he would have to the proceeds of a sale of the 
entire land in case one had been made. On the whole, we know 
of no language that could have been used to better express a gift 
to John S. of a mere life estate in the land and its proceeds, 
whether from a sale or lease of the coal. 

As the gift is of the estate, " real, personal, and mixed," we do 
not consider it necessary to decide whether the income from the 
coal lease be real or personal estate. Certain it is the devise to 
the executors did not work a conversion of the real estate into 
personalty, for the direction to sell is not absolute, and is coupled 
with certain contingencies. McClure's Appeal, 22 Smith, 414. 

The devise to the testator's daughter, Elizabeth, is found in 
item one to be a fee, modified into a mere life estate in the first 
codicil, at the conclusion of which the testator says: "The fee to 
said share to be and remain in my other heirs." It seems to us 
this devise cannot be distinguished from the former one, except 
that the intent to give only a life estate is, perhaps, more clearly 
expressed. Neither can we see that the testator intended Thomas 
should have any more than a life estate, the devise to him being 
in substantially the same language as that to John S. In the 
case of both Elizabeth and Thomas a fee had been given by the 
will, and the only purpose of the codicils seems to have been to 
reduce the estate to them for life, for the reasons therein given. 

The exceptions are dismissed, and the report of audit is con- 
firmed absolutely. 

Hon. Garrick M. Harding, for exceptant. 

T. H. B. Lewis and A. H. Dickson, Esqs,, contra. 

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48 






NOTICE IS HEREBY GIVEN THAT AN 
application will be made under an Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporation," approved the 
29th April, 1874, and the supplements thereto, for the 
incorporation of an intended corporation, to be called 
" The Dixon Pulp and Paper Company." the charac- 
ter and objects cf which are the manufacturing and 
preparing paper from wood pulp by chemical process, 
as well purchasing and selling the same, and also the 
leasing, purchasing, holding, and demising real and 
personal estate connected therewith. 

ISAAC P. HAND, 
9-11 Solicitor. 



ESTATE OF JOHN ORR, LATE OF FOSTER 
township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

ELIZABETH A. POLLOCK, 
9-14 Executrix. 



ESTATE OF JOHN MANGAN, LATE OF 
Pittston township, deceased. 
Letters of administration upon the above named 
esutc having been granted to the undersigned, all per- 
sons having claims against the same will present tnem 
for payment, and those indebted thereto will please 
make immediate payment to 

THOMAS MANGAN, 
F. C. MOSIER, Administrator. 

Attorney. 9-14 



ESTATE OF JOHN M. STACKHOUSE, LATE 
of Shickshinny, deceased. 
Jitters of administration upon the above named 
estate having been granted to the undersiened, all 
persons having claims against the same will present 
thim for payment, and those indebted thereto will 
please make immediate payment to 

JAMES POST, 
I. P. HAND, Administrator. 

Attorney. 9-15 



ESTATE OF JOSEPH STACKHOUSE, LATE 
of Shickshinny, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present tnem for 
payment, and those indebted thereto will please make 
immediate payment to 

JOHN W. CHAPIN, 
I. P. HAND, Executor. 

Attorney. 9-14 

ESTATE OF JASPER B. STARK, LATE OF 
WilkcsBarrc, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present tnt:in 
for payment, and those indebted thereto will please 
make immediate payment to 

FRANCIS R. STARK, 
E. P. & J V. DARLING, Administratrix. 

Attorneys. 9-14 

ESTATE OF ANN MIDDLETON, LATE OF 
Plains township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
immediate payment to 

STEPHEN HEALEY, 
RICHARD BURKE, 
COONS & SHORTZ, Executors. 

Attorneys. 9.14 



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SHERIFF'S SALES. 239, p. 426, etc.; z Jot to John McC'arty.datt^j Novem- 

Abstract of property 10 be sold by Wm. O'Malicy, bcr 2, 1881 : i lot to 'Ihomas Manning, D. B. 216, p. 
SheriflT of Luzerne county, on Saturday, March loih, 377, etc.; 1% lots to John McKwcn, or Owen, D. B. 
A. D. 1883, at 10 o'clock A. M.. at the Arbitration 924, p. 139, etc.; i lot to Catharine Nicols, D B. 226, 
room, in the Court House, Wilkes-Barrc, who will p. 293, etc.; i lot to Catharine Mann, or Naan. D. B. 
proceed with the difierent properties in the order in :*27, p. 43: i lot to Patrick or Michael O'Brien, dated 
which ihey are number, to wit : November 2, 1B81 ; i lot to Mary Itrown, dated Octo- 

X ber «5, i88i ; i lot to Mrs. O* Boyle, dated October 25, 

Suit of the Empire Building and Loan Association t88z ; i lot to John Roach, D. B. 228, p. 455, etc: i 
V. John T. Wallers. lot to Rosanna McGovern. D. B. 227, p. 26; 1 lot to 

158 April term, t88i. Debt, |«66^3. Fi. fa. 26 John McGarhart; 7 lots to James Hughes, 2 deeds, i 
March term, 1883. D. S. Bennet, Att'y. for 2 lots, dated April 22, j88a, other Tor 5 lots, dated 

The surface of all that lot of land on the easterly side October 5, 1881 ; i lot to Michael Diver; i lot to John 
of Meade street, city of Wilkes-Barre, being 40 feet Sullivan ; also i lot on back of lot towards mountain 
Irom on said stteet, and about loo feet in depth, the to Caleb S. Malthy of 50 acres, dated April 6, 1877, 
rear end of said lot being bounded by a public alley : and recorded in D. B. 204, p. 201, etc. 
improved, with a rwo-siorv frame dwelling house,! The said land (not including that reservcdWs im- 
frame bam, outhouses, and fruit trees thereon. [ proved, with one large farm house, six frame buildings, 

a an apple orchard of 200 bearing trees, one large bam, 

Suitof Catharine YoungblutY. Ferdinand Youngblut. and several outhouses thereon. About 20 acres alio- 

63 March term, 1883. Debt, $231.50. Fi. la. 23 geiher is laid out in building lots, about 55 acres of said 
March term, 1883. D. S. Bennet, Att'y. land is good farming land, and about 15 acres is gotxl 

All that lot of land on Tannery street, city of Wilkes- limber Tor mining purposes. 
Barre. bounded northerly by J. Youngblut, easterly! _ 

by Johnson, southerly by A. Youngblut. and westerly! _ , ... _. ..,.^ _, . ,^, .. 

by Tannery street, being about 50 feet front on said I Suitof Abram Fairchild v. Calvm Wadhams. 
street, and 180 feet in depth; improved, with a ij^-i 344 October term, 1882 Debt «i,857. Vend ex. 
story frame dwelling house, bam, outbuildings, and|" March term, 1883 Hakes & Bennett, Att vs. 

fruit trees thereon. i. Ihc surface of P^rts of certincd lots 14 and 15 in 

m I the first division of Wilkes-Barre township, being the 

Suit of the Wyoming Build'ng and Loan Association ^.>io»f oj ^^^ '<>«* «3. 24. 27. 28 ; two-thirds part undi- 
lif Wilkes-barre. No. a, v. Peter Wallace, and Peter v«*ed of 22. 29. and to, located on Franklin and Mam 
WalUce, Administrator, etc., of Hannah Mariah Wal- f^^^s ; also parts of two is-fcci alleys adjoining said 
Lace deceased i'^^^ 22 and 23, situate in the tiftoenth ward of the city 

89' November term. 188a. Debt, $750. Lev. fa. 6'o<" W^^wBan-e: »" '"^Pro^cd 
March term, 1883. E. G. BuUcr. Att'y. L »• P-^" ot a 3-rod road in the city of Wilkcs-Barrc. 

A lot in the city of Wilkes-Barre. beginning at a Hounded on the northwest by loLs x, 2, and 3 in the 
stone corner on Wood street, thence ninning back , certified township of Wilkes-Barre, on the northeast 
northeast along the line of Sanford E. Parsons 100 feetj^y a part of said road, on the .southeast by lots 13, 14, 
to a comer, thence along the line of Abraham Merrick i^JKli 5 »n said first division, and on the southwest by 
and M. Wood southwest 40 feel to a comer on Woodl*"^ Hanover township line, containing alwut 1,4 .icres 
street, thence along Wood street 45 feet to the place I o^ '*^- _ ^ . . . .. ,„,... 

of beginning, containing about ^.275 square feet; all ; oi:^t* *"!?*?* °^.^ '***JD **** P^oi ?J? ^'j*'" 
improvcd.with a largea^-stoncddwcUing house. bara. 



and other outbuildings, and fruit trees thereon. 

"Suit of Aaron Brown v. George Coray. 

136 May term, 1881. Debt, $10,711.92. Lev. fa. 
as March term, 1883. Dickson & Athcrion, Ait'ys. 

An the surface and right of soil in all that certain 
piece and parcel of bnd situate in the township of 
Kingston. Lurcme county, Pennsylvania, bounded and 
described as follows, to wit : Beginning at a corner on 



Barre. bounded on the northeast by Blackman street , 
and on the other three sides by lands of the Franklin 
Coal Company, being about 87^^ feet in front on said 
street, ana about 145 feet deep, with a i^-story frame 
house thereon. 

4. The two equal undivided thirds part of the surface 
of land not heretofore sold by Calvin Wadhams ct al., 
in the city of Wilkes-Barre, beginning at a corner on 
the main road, thence by lands of the estate of Alex. 
McLean, deceased, 214 6-10 perches to a comer, thence 



the main road ronning through "said township, being 33 S-'opo-ch" t° * *^°''"" **" line of Hanover town- 
also a corner of cross road; thence along said cross »*» 'P. »*»«"« a'o"8 »a™e 214 6-10 perches to a stone 
road, N- 33^° W., 578 perches to stones comer in line Isomer on the said main road and thence by same 3^ 
of the mountain tier of the fourth division of said town- 3-'° Perches to the plncc of beginning, being a part of 
ship: thence along said line, S.43OW.. 37 7.10 percnes '^^ 21 m the third division of lots in certified Wilkes- 
to a comer of purpart No. 5 in the partition of the rcall ^arrc township ; all improved, 
estate of Elijah Shoemaker, deceased, now belonging I 6 

to the estate of Chas^D.Shoenmker. deceased: thence 5^5^^ p^^^ g^il^, ^ Qscar F. Gaines and H. A. 
along said purpart No. 5, S. 33^° E.. 379 3-10 perches I q^j^j^ 

10 a comer on the back road ; thence S 42^ W., i a-io, January term, 1883. Debt. ^18 72. Lev. fa. 

perchiK to a comer ; thence S. 3354° E-, along other ./March terii, 1883. Miller, Att'y. 

part of purpart No 5 aibrcsaid 2 3 perches to the main ^Jot of land in ihe borough of West Pittston, bc- 
road aforesaid ; and thence along said road, N. ?5K°|ginning at a comer of Luiremc avenue, thence along 
L., 4 P^^f to ^^ Pl«Cf of Beginning; containing ^^id avenue 50 feet to a comer, thence 2,0 feel to a 
140 acres of land, more or less ; being the same prem- - ...■:'. 

ises conveved to the said George Coray from Daniel 
Searle and John M. Srark by deed dated April ^, 1877. 
Excepting, however, from this sale the following lots 
heretofore sold and released ; the said lots are 50 feet 
iixmt by 175 feet in depth. The place of record of 
deeds of said lots in Luzerne county Recorder's office 
is given, so fiar as the same are recorded. They are 
likewise designated on the ground : i lot to F. C. Pil- 

ger, dated April 1, 1881 ; i lot to Mary Tigue. D. B. | All that lot of Land un Franklin street, in the borough 
2s8. p. 541, etc., I lot to A. Brown, dated October 25,iof Plymouth, bounded on the southwest by F'rankltu 
1B81 ; I lot to R. C. Shoemaker et al.; i lot to William {street, on the southeast by land of A. J. Case, on the 
and Margaret McDowell, D. B. ^27, p. 180 ; t lot to northeast by land of Lloyd W. Williams, and on the 
Patrick Rogers, dated October 95, 1881 ; i lot to Dan'lj northwest by land of Ira Davenport, being 50 iect in 
McAlister, D. B. 220, p. 153, etc.; i lot to James Mc-{front by 150 feet in depth ; all improved, with a two- 
Quade, D. B. 296. p. 84, etc.; i lot to John McDermott, .story frame dwelling house, with basement, and other 
daied October 26, 1881 ; i lot to William Jones, D. B.j outbuildings therwou. 

49 



comer on an alley, thence along said alley 50 feet to a 
comer thence 230 feet to the place of beginning, con- 
taining 11,500 square feet of land, more or less, being 
lot No. 997 on Luzerne avenue. 

7 
Suit of Samuel Van Loon v. Martin Brennan. 
198 April term, 1881. Debt.l122.52. Vend. ex. «; 
March term. 1883. Magee, Att'y. 



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8 TESTATES TO BE AUDITED BY THE 
Suit of the Anthracite Building and Loan Association Hi Orphans' Court of Luzerne county. Notice is 

of Wilkes- Barrc, Pa., now in part to the use of Peter hereby given that accounts have been filed and con- 
Ward, Adininistr.Tior of the estate of James Ward,J firmed absolutely by the court in the following estates : 
deceased, V. Daniel Sullivan. i Oeorgc Klingcr; Joseph McMurtrie and Gideon 

i66 November term, 1881. Debt, f,7og.oQ. Fi, fa. ID. Klinger, Executors; 6ih March, i88^ 
20 March term, 1882. O'NcilL Ait'y. , 2. John Gross; Samuel Benner, Administrator; 6th 

A lot of land in the township of Wilkes-Barrc, be-' March, 1883. 
cinning at a point in the Blackman road on the line of | 3. Benjamin Chandler; Abram C Chandler and D. 
Kidder street, thence along Kidder street 210 feet to a A. Reeves, Executors; yih March, 1883. 
corner of lot No. 49, thence to the corner of lots Nos.j 4. M. L. Everett; Isaac Everett, Executor; 8th 
41 and 42, thence 210 feet to the line of the Blackman, March, 1883. 

road, and thence along the Blackman road to the place' 5. James Casterlinc; Joseph Casterline, Adminis- 
of beginning, containing about 23,100 square feet of|trator; 3th March, 1883. 

land, more or less, being lot No. 41 on plot of lots laid' 6. Silas Callendar; Clark Callendar, Administrator ; 
out by Ketcham et al.: all improved, with a frame, 9th March, 1883. 
dwelling and outhuses thereon. | The accounts enumerated and designated in the 

9 I above list will be audited by the court, in the Court 
Suit of Abram Goodwin, Jr., ci al., Executors, etc., House, in the Orphans' Court room, during ihc se.ssion 

V. Elliott Aldrich, Administritor of George Cussey,|of court on the days set forth opposite the name of each 
deceased. I estate, at which time all persons interested shall attend. 

104 January term, 1880. Debt, 1^596.44. Fi. fa. 4 if they see fit, and present their claims against said 
March term, 188-5. Powell, Att'y. 1 estate, or forever thereafter be debarred from coming 

All that lot of' land in the township of Plymouth, in upon said fund, 
beginning at corner on old Ross Hill road and Mrs.i JOSEPH HENDLER, 

Lydia Jones' lot, and running along said Mrs. Jones' 17^ Clerk O. C. 

lot northwesterly 100 feet to corner, thence by said| 

Mrs Jones' lot 40 feet to corner of saJd lt»t and fme or^^^,poWS' APPRAISEMENTS, 
and fate belonging to John Gould, thence along sa.d , VV Notice is hereby given to all persons concerned. 
Ime northwesterly 153 »eet or thereabouts to a .o-foot ^^^^ ^.,j^^^. appraiscnTents in thrfollowing estates 
alley, thence along said alley 9«^2 f<-;<^l «« « ^^"^^rhavc been approved nisi by the Orphans' Court of 
thence southeaster y 248^^ feet to said old Ro.ss Hill, , ,^^^„^^ ^^^,„»;^^ ^^„j ,„j^^/^ j J, ^^ filed, will 

ro:ul an. thence along sa.d road southwesterly 50 feet j,^ presented for final approval on Monday, the 5th 
to the place of beginning : all improved, and naving'j *j^j^ ^j^^j,|^ ^gg, . '^*^ j» ^ 

erected thereon one two-story frame dwelling house^ ' tohe'rt Helm, Daniel Van Scoy. Thomas Hutchins. 
and outbuildings, and fruii^Uees. 7-9 Samuel Wolf, Jam.s C. Howell?, Wm. H. Sperring. 

Suit of Ezra Stair v. Abraham Arnold and Elizabeth '^""^ "''■•^'" ^°'^*'' '***'iosEPH HENDLER 
Arnold. I r'Urlr n C 

134 February term, 1883. Debt, ^206.25. Fi. fl*.K^ _____ll_ 

14 March term. 1883. Cannon, Att'y. I 

Also three other suits of same amount. i T UZERNE COUNTY, ss : 

All that lot of land in Slocum township, beginning' Lj To all whom it may concern: Take notice that 
at a stone planted for acomer in the middleof a publid H. J. Secly and Peter Meixel, Tru.stees of the real 
road, thence along the Christian Leuder estate and estate conveyed by Christian Billhamcr and wife to 
middle of said public road 39 2-10 perches to a stone the German Presbyterian and Lutheran Churches of 
corner of land of Josiah Jones, thence along land of thc'SuIem, have applied to the Court of Common Pleas of 
same 36 8-10 perches to a post, thence to a post in the; Luzerne county for an order to sell said property, and 
public road, thence along said public road 51 2-101 that all oei^jons interested mav be heard before said 
perches to a stone corner, the place of beginning, con- court on Monday, March 12, 1883, at 10 o'clock A. M. 
taining 10 acres of land, more or less ; all improved, 
with a two-story frame dwelling, a bam, and other 
outhouses, and blacksmith shop and fruit trees thereon 



By order of the court. 

Q. A. GATES, 
8-10 Attorney. 



ESTATE OF JOHN BLANCHARD, DEC'D. ^ ^.,^,,,., .^ ueoirpv rivi7V that aK 
In Orphans^ Court ol Luze.-ne county. In Re VT^^^J:''' .''^ ^.^'^''^y ^l^^? J^^T ^ 
Petition of James Post and Joseph Blanchard, Admin- ,JL>I application will be made tinder the Act of Assem- 
istrators of said estate, for specific performance of con-M^'x^ entitled -An Act to provide for the incorporation 
tract with G M Wolf 1 and regulation of certain corporations, approved April 

Now, iiih January. 1883, the court order citation to^'.»S74. and the supplements thereto, for the incorpo- 
the parties interested and named in the petition toka""" ^f an intended corporation, to be called Ihe 
appear and show cause why the prayer of the petition-l Hazleton Coffin and Casket Company, the character 
ers shall not be granted, &c. By thh Coukt, \^^^ .o^J^cts of which arc the manufacture of and deal- 

Certified from the records, this isth day of February,! "'8 "" coffin's, caskets, and undertakers supphes and 
,883 Joseph Hendlfr Clerk O C imaterials of all kinds, and the manufacture of and 

Per B.M. Ckary, Ass't deahng in all kinds of wood work, cabinet, carpenter. 
In pursuance of the above order, notice is hereby »"«* ^"••<^>"8 »«»*"•»'• ^^ „ T-n^tTi-^* * i^» 
given to Eveline Clark, Joseph Blanchard, John Rob- ^^^- "• TROUTMAN, 

bins, Ada Robbins, Clarence Robbins, Mattie Robbins, 7-Q Solicitor. 

William Robbins, Jackson Robbins, Caroline Post. 

Mariah Savage and Martha A. BLsher children and -^^ jS HEREBY GIVEN THAT AN 

^^?.o J°Wo?J^Hi^'^TS*^?*'^^ff*' ''"^T^H ^ ?'f 'I N application will be made to one of the Judges 
Or^h^*^? Vnnrt tn h?k M V W T^^'r-^"''^''! "^ '^^ of the Court of Common Pleas of Luzerne county, un- 
^oTnrl P^n^JllvL^^ ^n M Y ^^K ^K ''{"""Jl^" »he provisious of the Act of Assembly, entiUed 
Ma^^rM, a? oo-^^^^^^ mV ^ '^''^' °7'An Act to provide for the Incorporation and regula- 
^;^i!H^?i.?on ^^' ^°''*'''' lion of certain corporation." approved April 29. 1874. 
tne saia petition. wat vitd and the supplements thereto, on Monday, the 5th day 

M. t. WALKKR, \f j^jarch, 1883, at 10 o'clock A. M., for the incorpo- 

7-9 :^':!!'5Z:_' ration of an intended corporation, to be called "Ihe 

JOHN F. EVERHART, I Excelsior Comet Band," of West Piliston, the char- 

a student at law in the office of G. S. Ferris, willjacter and objects of which arc the practice and promo- 
apply at March term, 1883, for admission to practice ition of music, 
as an attorney in the several courts of the county of I F. C. MOSIER, 

Luzerne. 8-10' 7-9 Solicitor. 

50 

Digitized by KjOOQ IC 



ORPHANS' COURT SALE. 
Escate of Catharine Siout, deceased. By virtue 
rf an order of the Orphans' Court of Luzerne county, 
there will be *old at public sale, at the Arbitration 
room. Court House, at Wilkes-Barre, on Saturday. 
March xo, 18S3, at 10 o'clock A. M., all that piece of 
land in Salem township, bounded northerlv by the 
Pennsylvania Canal, easterly by lands of Catharine 
Scakcy and Daniel Brobsi, southerly by the Susque- 
hanna river, and westerly by lands of Josiah F. Beach, 
Btrmr Jajnes Lockard, containing one acre, moreorlcss ; 
improved, with two i^-story frame dwelling houses 
and other small outhou<(es theteon, also some fruit trees. 
Tkrms of Salb — ^50 cash down on day of sale, and 
the InJance of purchase money on confirmation of sale 
and deliver)' of deed. 

WESLEY RABERT. 
T. R. MARTIN, Administrator. 

Attorney. 7-9 



ORPHANS' COURT SALE. 
Estate of James Gallagher, deceased. By virtue 
of an order of the Orphans Court of Luzerne county, 
the undersigned will sell at public auction, on the 
premises, at Hazleton, on Thursday, the 15th day of 
March, 1883, at 2 o'clock P. M., all that lot of ground 
in the borough of Hazlcion, which originally consisted 
of two lots of ground, bounded and described as follows : 

The one lot is on the southwest comer of Wyoming 
and Maple streets, containing in breadth or front on 
^d Wyoming street 30 feet, and extending of that 
breadth in Icnghth or depth alon^ the south side of 
Maple street i^ feet to a 20-fbot wide street. 

Ihe other is on the west side of Wyoming street, 
commencing at a distance of 120 feet northward from 
the north side of Green street, containing in front or 
breadth on said Wyoming street 30 feet, and extending 
of that breadth in length or depth westward 190 feet to 
a ao-fiaot wide street. 

Both the lots being contiguous, and to be sold as one 
lot, being 63 feet in front or breadth, and 190 feet in 
depth or length. AH improved, with a two-story frame 
dvdUng house and outbuildings thereon. 

Terms op Salh — ao per cent cash, and the balance 
on conlinnation. 

JAMES F, GALLAGHER, 
7-9 Administrator. 



ORPHANS' COURT SALE. 
Estate of Lewis Weidenbach, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, on the premises, 
in Hazleton, on Saturday, March 10. 1883, at 2 o'clock 
P. M., a lot of eround on the south side of West Broad 
street, in the Dorough of Hazleton, bounded on the 
ncTih Broad street, on the east by lot of Susan E. 
Bright, on the south by Mine street, and on the west 
by lot of F. Lauderbum, containing in front on said 
Broad street 19 feet and 4 inches, and extending of this 
width back to Mine street 150 feet; upon which is 
erected a two-story frame building, used as a store by 
Powell Brothers & Harris, together with joint use of 
c^mney situate on the division line of said property 
on the east, and to remain unchanged as long as build- 
tan are unchanged. 

TEKMS OF Sale — 25 per cent cash on day of sale, 35 
per cent on confirmation of sale, and the balance in six 
months from day of sale ; to be secured by bond and 
OBortzafie, with interest. 

JOHN G. SEAGER, 

C. W. KLINE, Adm'r d. b. n. c. t. a. 

Attorney. 7-9 

ORPHANS' COURT SALE. 
Estate of Thomas Hutchins, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
i^rc will be exposed to public sale, at the Terra Cotta 
Works, in Wyoming village, on Friday, March i6th. 
1383, at 10 o'clock A. M., the following described real 
estate, viz. : 

I. All those messuages and tracts of land ^the sur- 
face thereof) in the village of Wyoming, Kingston 
lovttstiip, bounded and described as follows, to wit 



(i) Beginning at a corner of land of Isaac C. Shoe- 
maker, thence along said Shoemaker's land from the 
north rail of the Lackawanna and Bloomsburg Railroad 
14 rods and 33 links to a corner on land of William S. 
I Shoemaker, thence along the said lands of William S. 
Shoemaker 15 rods to a corner, thence along lands of 
William S Shoemaker 19 rods and 9 links to a comer 
at the north rail of the said Lackawanna and Blooms- 
burg Railroad Co., thence down said railroad 15 rods 
and 1 link to a corner, the place of beginning, contain- 
ing I acre and 96 perches of land, more or less. 

(2) Beginning at a corner of land of Thos. Hutchins, 
deceased, and Isaac C. Shoemaker, thence 3 rods to a 
corner, thence 14 rods and 14 links to a corner, thence 
I rod and 2 links to a corner on said Hutchins' land, 
thence 15 rods to a corner, the place of beginning, con- 
taining 30 perches of land, more or less. 

(3) Beginning at a corner of land of Thos. Hutchins, 
deceased, at north rail of the Lackawanna and Blooms- 
burg Railroad, thence along land of the said Hutchins 
and W. S. Shoemaker 17 rods and 22 links to a corner, 
thence 4 rods to a corner, thence 11 rods and 3 links to 
a corner, thence 14 rods and xo links to land of Law- • 
rencc Myers, being the Commissioners' line between 
lots Nos. 35 and ^6, third division of Kingston town- 
ship (18 feet in width along the northwest side to re- 
main in Isaac C. Shoemaker for a right of way only), 
thence 6 rods to the north rail of the Lackawanna and 
Bloomsburg Railroad Company, and thence along the 
said railroad 14 rods and 10 links and 4 rods to the 
place of beginning, containing 156 perches of land. 

(4) Beginning on the east corner of the Lackawanna 
and Bloomsburg Railroad Company's depot lot, at the 
north rail of said railroad, thence 6 rods to a corner, 
thence 17^ rods to a corner near a linden tree on land 
of Lawrence Myers, thence 11 rods to the line of the 
Lackawanna and Bloomsburg Railroad, and thence 
down said railroad 7^ rods to the place of beginning, 
containing 74 perches of land, more or less ; 18 feet on 
the northwest side of the last mentioned lot being re- 
served by Isaac C. Shoemaker for a right of way ; and 
reserving all the coal and other minerals; and having 
erected thereon a terra cotta manufactory. 

2. Being the premises on Carey town road, city of 
Wilkes-Barre, beginning at a comer of Patrick Wall- 
gar's lot, and running back at right angles wiih said 
road 147 (eet to a corner, thence on a line parallel with 
said road 50 iect to a corner, thence on a straight line 
parallel with the first 147 feet to a corner on said road, 
thence up along said road 50 feet to the place of begin- 
ning, containing one-quarter of an acre of land, more 
or less ; and having a two-story frame dwelling house 
and outbuildings thereon. 

3. Being the premises in the borough of West Pitts- 
ton, beginning at a point on Philadelphia avenue at a 
distance of 50 feet southeastwardly from Fifth street, 
and extending southwestwardly at right angles to said 
avenue the distance of 200 feet to Atlantic street, 
thence southeastwardly along said Atlantic street 50 
feet, thence northeasterly at right angles to Atlantic 
street 200 feet to Philadelphia avenue aforesaid, and 
thence northwesterly along said avenue 50 feet to the 
place of beginning ; the .said lot being No. 70, Phila- 
delphia avenue ; reserving all the fossil or mineral 
coal, iron, or other ores. 

Terms of Sale — 10 per cent on day of sale, 15 per 
cent on confirmation of sale, and the balance (75 per 
cent) one year from sale, with interest from day of sale; 
deferred payments to be secured by bond and mortgage 
on the premises. 

R. H. WEIR, 
R. H. HUTCHINS, 
McLEAN & JACKSON, Administrators. 

Attorneys. 8-10 

ESTATE OF JOHN BARNEY, LATE OF THE 
borough of Nanticoke, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

CATHARINE BARNEY, 
6-zx Administratrix. 



51 



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NOTICE IS HEREBY GIVEN THAT AN| A UDITOR'S NOTICE, 
application will be made under the Act of Asnem. £\ EsUte of Elias Hoyt, dcc'd. The undersigned, 
biy, entitled "An Act to provide for the incorpormtion an Auditor, appointed to report upon the «xcepiio» to 
and regulation of certain corporations," approved »9thi the account <w Executor, will attend to the duiiesKif 
April, 1874. and the ttupplements thereto, for the incor- his appointment, at his office, in the city of Wilke«- 
poration dfan intended corporation, to be called " Thc| Barre, on Saturday, March 24th, 1883. at 10 A. M. 
Wj'oming^ Accidental Insurance Companv," the object' G. R. BEDFORD, 

of which ts to insure workinginen of all ciasaes against |8-zi Auaitor. 

accidents while at work, \~" 

W. H. HINES. Tj^STATE OF REV. CHAS. A. MATTINGLV, 
7-9 Solicitor. I j2j late of Nanticoke, deceased. 
— ! Letters testamcntar>' upon the above named estate 

NOTICE IS HEREBY GIVEN THAT AN t*^!"8 ***«." e™n««<i ^ the undersigned, all persons 
application will be made under the Aaof Assem."^^^'"K ^>'"« J^ainst the same wiUpreynt them for 
bly, entiiled "An Act to provide for the incorporation I Py'"^?^- *"d «*»«^ indebted thereto will please make 
and regulation of certain corporatiojis," approved 29th | """"^ J^^^thqM AS J RAY 

rev! TIMOTHY J. DOkOHUE 



April, 1874. and the supplements thereto, for the incor- 
poration ofan intended corporation, to be called " Tlic 
Consumers Coal Company," ihe character and objects 
of which are the mimng, preparing, shipping, selling, 
purchasing, and otherwise dealing m anthracite co^, 
and also the leasing, purchasing, and holding, and 
demising real and personal estate connected therewith. 

£. P. & J. V. DARLING. 
8-10 Solicitors. 



LUZERNE COUNTY, ss: 
In the Court o( Common Pleas of said county. 
No. ic6, November term, 1882. Libel in divorce a 
vinculo matrimonii. James Henderson v. Catharine 
Henderson. To Catharine Henderson — Please take 
notice that the court has granted a rule on you to show 
cause why a divorce a vinculo matrimonii shall not be 
made and entered in favor of the libellant, service of 
the origmal and alias subpoenas having failed on ac- 
count of your absence. Returnable on Monday, 5th 
March, 1883, at 10 o'clock A.M. 

ALFRED DARTE, Jr. 
SolU 



Executors. 

ESTATE OF JULIA McNULTV, LATE OF 
Wilkes-Rarre township, deceased. 
I..ctters of administration iukmi the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tneoi 
tor payment, and those indebted thereto will please 
make immediate payment to 

ALICE McNULTY. 
E. P. & J. V. DARLING. Administratrix. 

Attorneys. 8-13 



«-9 



olicitor. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 52, November term, x8Sa. Libel in divorce a 
vinculo matrimonii. Mar>' J. Morgan, by her next 
friend, David Maxey, v. David C. Morgaiv. The alias 
subpoena in the above case having been returned non 
est inventus, you, the said David C. Moi^gan, are here- 
by notified to appear^t said court, on Monday, March 
5, 1883, at II o dock A. M., to answer the complaint 
dierein filed. 

WILLIAM O'MALLEY, 
GEO. H. TROUTMAN. Sheriff. 

Solicitor. 6-9 



ESTATE OF W. S. HILLARl). LATE OF THE 
city of Wilkes-Barrc, deceased. 
Letters testamentnr>' upon the above named estate 
having been granted to tne undersigned, all penons 
having claims against the same wiU present them lor 
payi8ent, and those indebted thereto will please make 
immediate paymeiu to 

RUTH B. HILLARD, 
E. G. BUTLER, Executrix 

Attorney. 8-13 

ESTATE OF JOSEPH SCHAPPERT, LATE 
of Nanticoke, deceased. 



Letters testamentary upon the above 1 
having been granted to the imoersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

MARY ANN SCHAPPERT, 
JACOB .SCHAPPERT, 
8-13 Executors. 

ESTATE OF MICHAEL STEIN, LATE OF 
Dorrancc township, deceased. 
Letters testamentary upon the above named estau 
having been granted to the undersigned, all pereom 
,1 having claims against the same will present them duly 



LUZERNE COUNTY, m 
In the Court of Common Pleas of «aid county, 
No- 597» October term, 1882. Libel in divorce a vin- ,~. , .- ,.^-....i. 

culo matrimonii. Hannah Barker, by her next friend, authenticated for payment, and those indebted thereto 
William Kitching, v. Francis Barker. The alias sub.| «^»ll P^«»*e make paj^mcnt t^ 
poena in the above case having been returned non est< 

inventus, you, the said Francis Barker, are hereby 1 7-'f 

notified to appear at said court, on Monday, the stn I ^„ ^„ ^,,«. «,x„,^«,< • . .«„ ^^r^ 

day of MarcliVi883, at 10 o'clock A.M.. i answer I r? STATE OF ELIZA BOWERS, LATE OF 
the cemplaiiu therein filed. -"-^ Wyoming, Kingston township, deceased. 

WILLIAM O'MALLEY ' Letter* testamentary upon the above named esttitc 

EDWARD A. LYNCH, Sheriff, having been granted to the undersigned, all i>e»<»s 

Solicitor. 6-Oih^^'"6 claim>i against the same will present them tor 



GEO. H. HINKLEMAN, 

Executor. 



AUDITOR'S NOTICE 
The undersigned, an Auditor, appointed by the'g., . 
Court of Common Pleas of Lurcme coimty to distrib- 



payment, and those indebted thereto will pleaae 

I immediate payment to 

WILLIAM HANCOCK, 

Executor. 



ute the fund arising hrom the Sheriff's sale of the per- 1 TESTATE OF ELIZABETH CONNELL, LATE 

sonal property of LeGrand & Boyer, will attend to the Hi of Pitiston, deceased. 

duties of his appointment, at the office of Alexander! Letters testamentary upon the above named estate 

Famham, Esq., on Franklin street, in the city of thaving been granted to the tmdersigned, all persoos 

Wilkes-Barre, on Wednesday, the t4ih day of March, having claims against the same will present them for 

1883, at 10 o'clock A. M., at which time and place all payment, and those indebted thereto will please make 

persons having claims asainst said fund are notified to immediate payment to 

present the same, or be f o rever debarred from coming J. A. COLLIER. 

in on said fund. JOHN H. MULLIN, 

R. D. EVANS, I F. C. MOSIER. Executois. 

7-10 Auditor. Attorney. S*'" 

52 



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The Luzerne Legal Register. 

Vol. XII. Friday, March 9, 1883. No. 10. 



Agib Ricketts was born in OrangevHIe. Columbia county, 
Pennsylvania, in 1833. He is the son of the late Ehjah Green 
Ricketts. an old settler of Columbia county, and is of English 
and Scotch extraction. In his young days he entered Wyoming 
Seminary, after which time he taught school in his native place, 
subsequently graduating at Dickinson College, at Carlisle, Pa, 
He then entered the law office of William G. Hurley, at Blooms- 
burg, and was admitted to the bar of Columbia county in 1856, 
and on the 6th of January, 1857, was admitted to the bar of 
Luzerne county, where he has been in continual practice since. 

On May 17, 1862, Mr. Ricketts was appointed Chief of Police 
of the borough of Wilkes-Barre. It was during his term in this 
office that he arrested the late Hon. Ezra B. Chase, at one time 
Speaker of the House of Representatives of Pennsylvania, and 
at that time District Attorney of the county; Ira Davenport, a 
prominent merchant of Plymouth, and Geo. B. Kulp. Speaking 
from personal knowledge, the writer, as one of the persons 
arrested, has never learned the cause of his arrest, although more 
than twenty years have passed since the event. Mr. Ricketts 
claimed that it was by virtue of the following order of the War 
Department: 

At4gust 8, 1862. 

Ordered, that all . . Chiefs of Police of any town, city, or 
district, be and they are hereby authorized and directed to im- 
prison any person or persons who may be engaged by any act of 
speech or writing in discouraging volunteer enlistments, or in 
any way giving aid and comfort to the enemy, or any other dis- 
loyal practice against the United States. 

Edwin M. Stanton, 

Secretary of War. 



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6o Agib Ricketts. 

Messrs. Chase, Davenport, and Kulp were arrested on Friday 
evening. August 29. 1862. They apph'ed next day before Judge 
Conyngham for a writ of habeas corpus, Mr. Ricketts claimed 
until the following Wednesday for time to make answer, when 
he quoted the above order as his justification. Judge Conyng- 
ham remanded the prisoners to the custody of the Sheriff, claim- 
ing that the President had suspended the writ of ftabeas corpus^ 
when, as a matter of fact, Congress had not passed the act author- 
izing the President to suspend the writ, until March 3, 1863. 
The following are the words of the law enacted at the last named 
date: 

**That during the present rebellion the President of the United 
States, whenever, in his judgment, the public safety may require 
it, is authorized to suspend the privilege of the writ of ftabeas 
corpus in any case throughout the United States, or any part 
thereof 

It was estimated that over four thousand persons were arrested 
during the month of August, 1862, but the exact number was 
never given, as the War Department issued an order "that the 
names of parties arrested should not be published." The arrest of 
the persons named caused great excitement and indignation, and 
led to the resignation of Mr. Ricketts as Chief of Police, as 
appears from the following letter of his to the Town Council : 

Wilkes-Barre, October 77, 1862. 
Gentlemen of the Town Council: You will please accept my 
resignation of the position of Chief of Police of this borough. 
Having been told by members of your body that they considered 
me incompetent to discharge the duties of the office with proper 
judgment, and requested, therefore, to, resign, it would be pre- 
sumption to retain it. It was impossible to resign at once in 
obedience to this request, as it would have then seemed disloyal 
and a shrinking from grave duty, but now recent action of the 
War Department has removed this difficulty. Permit me to 
return grateful thanks to those of you who have sustained me so 
manfully in the discharge of my duty. 

Respectfully, 

A. Ricketts. 

During the three days, from Wednesday until Saturday, that 
Messrs. Chase, Davenport, and Kulp were under arrest, they 



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Agib RicKErrs. 6i 



amused themselves in the following manner: Mr. Chase in visit- 
ing Camp Luzerne, at Mill Hollow, where the 143d Regiment 
Pennsylvania Volunteers were encamped, and in assisting Col. 
Hannum in editing the Luzerne Union; Mr. Davenport in visiting 
friends and relatives in Wilkes-Barre; and the writer in visiting 
Scranton, Pittston, and other places in the valley. On Saturday 
morning they came to the conclusion that the whole matter was 
a farce, and they returned to their respective places of business, 
and that was the last they ever heard of the arrest As almost 
every Chief of Police in the United States had arrested from 
three to five men under similar circumstances, it became neces- 
sary for the War Department to issue the following order: 

September <?, 1862, 
Arrests for violations of these orders and for disloyal practices 
will hereafter be made only upon my express warrant, or by 
direction of the Military Commander or Governor of a State. 

Because of the arrests by the Chiefs of Police throughout the 
North, the Democratic party carried the States of New Jersey, 
New York, Pennsylvania, Ohio, Indiana, and Illinois in 1862, and 
after that time very few arrests of citizens were made^ 

During the Antietam campaign, Mr. Ricketts was Captain of 
Company I, Third Regiment Pennsylvania Volunteers. He left 
for the seat of war on September 13. 1862, and remained in the 
service about three weeks. 

In 1878 Mr. Ricketts presented a petition to the Legislature 
of Pennsylvania for the impeachment of the late Hon. Charles P. 
Waller, President Judge of Wayne county, and in 1879 for the 
impeachment of Hon. Garrick M. Harding. It is needless to 
say that none of the charges alleged as cause for impeachment 
were sustained. 

In 1880 he was the Independent or Labor Reform candidate 
for Additional Law Judge of Luzerne county. In a total poll of 
nearly 25,000 votes, he received 470. 

In 1862 Mr. Ricketts married Annie Piper, of Carlisle, Pa. 
The couple have a family of five children, two sons and three 
daughters. 

It is not the purpose of the writer of these papers to carp or 
criticise. Any attempt in that direction in the case of the gen- 



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62 Agib Ricketts. 

tleman whose biography is above briefly outlined would be con- 
strued as prompted by a desire for revenge, arising out of the 
circumstances of the arrests that have been alluded to, but we 
can honestly say that we entertain no such desire. Nevertheless, 
we feel that our task would be far from complete, our outlinings 
of the characters and records of our brothers of the legal frater- 
nity of Luzerne much short of accuracy, were we to refrain, even 
in this case, from the general summarizing with which all the 
previous sketches have ended. 

Agib Ricketts is manifestly a man of great natural ability. He 
is a student of wonderful industry. He has been a great reader, 
not only in the field of jurisprudence, but of general literature; 
is a ready and concise writer, and an excellent speaker; has a 
remarkable memory, and a moral and physical courage that 
make him wholly insensible to fear. Yet there is an erratic 
something that has always stood between him and success in his 
profession and in general life; that has resulted in his being dis- 
tanced by men of far less capacity, and far fewer of the qualities 
that usually achieve the victories of the professional arena, and 
that has caused him to net a much narrower margin of material 
gain than would seem to be the legitimate earnings of such ex- 
ceptional talents and energies as he undoubtedly possesses. He 
will quote the law of Moses against the Jew ; will cite the teach- 
ings of Christ to correct the erring Christian; has, seemingly, a 
formidable array of the best authorities in support of every posi- 
tion he assumes; but very often they are like symmetrical and 
beautiful arches, perfect in every particular, saving only that they 
have a defective keystone. 

Personally, Mr. Ricketts is all that a gentleman should be 
under ordinary circumstances. He is a delightful companion to 
those with whom he has had no cause of contention. It is only 
when his apparently irresistible inclination to exaggerate his own 
grievances or those of his clients is upon him, that he is led into 
unfairness and injustice to his fellows — to the effort for the incar- 
ceration of the innocent citizen, and the pulling down of the 
unoffending judge. 



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Calvin Wadhams. 63 



The family of Wadham had its origin in Devonshire, England, 
and its name from the place of its residence, Wadham, which 
signifies "home by the ford," in the parish Knowston, near the 
incorporated town of South Molton. Lyson, in his "Magna 
Brittanica," says: "The manor of Wadham, at the time of the 
Domesday survey, in 1086, belonged to an old Saxon by the 
name of Ulf, who held it in demesne since the time of Edward 
the Confessor, 1042. It was not improbable that he, Ulf, might 
be the ancestor of Wadham, of which this was the original resi- 
dence. William De Wadham was freeholder of this land in the 
time of King Edward I., 1272, and both East and West Wadham 
descended in this name and posterity until the death of Nicholas 
Wadham, founder of Wadham College, Oxford, in 1609, when it 
passed to his sisters' families, and is still in possession of their 
descendants. Merrifield, in Somersetshire, came into possession 
of Sir John Wadham, Knight, by his marriage with Elizabeth, 
daughter and heir of Stephen Popham, and was inherited by 
their son, Sir John Wadham, whose descendants were called 
•Wadham, of Merrifield.' The principal places of residence of 
this family in England were in the counties of Devon, Somerset, 
and Dorset." 

Calvin Wadhams, the subject of this sketch, is a native of 
Plymouth, in Luzerne county, where he was born, December 14, 
1833. He is a descendant of John Wadham, or Wadhams, as 
the name is now spelled, who came from Somersetshire, England, 
as early as 1650, and settled in Wethersfield, Conn., as may be 
seen from deeds of purchase of lands and other records of the 
town. He died there, 1676. 

John Wadhams, son of John, born July 8, 1655, ^'^o died in 
Wethersfield. 

• Noah Wadhams, son of John, was born August 10, 1695, and 
removed from Wethersfield to Middletown, Conn., in 1736, thence 
to Goshen, Conn., about 1773, where he died, 1783. 

Noah Wadhams, son of Noah, was born May 17, 1726, and 
was educated at the College of New Jersey, now at Princeton, 
then at Newark, N. J., where he graduated. His diploma, dated 



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64 Calvin Wadhams. 

September 25, 1754, is now in possession of the above-named 
Calvin Wadhams, his great-grandson. It bears the name of 
Rev. Aaron Burr (father of Aaron Burr, who was, in 1801, Vice- 
President of the United States) as President of the College. 
"The document is the surviving witness of three generations past 
and gone, and a testament, also, of the times of George III., and 
when the present State of New Jersey was one of the colonies of 
his realm." Mr. Wadhams studied theology at New Haven, 
Conn., receiving the degree of A. M. from Yale College, 1758. 
He was ordained a minister of the Congregational Church, and 
settled as the first f)astor of the New Preston Society, in the 
towns of New Milford and Washington, Conn., at its organization, 
in 1757, and continued his pastoral relations to that society for 
eleven years. At a meeting of the Susquehanna Company, in 
Connecticut, in 1768 **the standing committee was directed to 
procure a pastor to accompany the second colony, called the 
'first forty,* for carrying on religious worship and services, 
according to the best of his ability, in the wilderness country," 
and Rev. Noah Wadhams was chosen for that purpose. He had 
married Elizabeth Ingersoll, of New Haven, November 8, 1758, 
and they had a family of small children. " Leaving his family 
at their home in Litchfield, he embarked with his flock in 1769, 
amid the perils which lay before them on the distant shore of the 
Susquehanna, in a wilderness made more forbidding because of 
the savage people who were in possession of the valley.** He 
continued his pastoral relations, interrupted by an occasional 
visit to his family in Litchfield, until the year succeeding the 
Wyoming Massacre, when he removed them to Plymouth. 
There he faithfully pursued his religious duties, holding meet- 
ings in Plymouth and other and distant parts of the county, dur- 
ing the remainder of his life. He died May 22, 1806. 

Calvin Wadhams, son of Rev. Noah, was born December 22, 
1765. He was one of the prominent business men of the county, 
and his success was remarkable. In frugality and industry, he 
was a genuine type of the men of his time, and his labor, econ- 
omy, and good judgment made up the rule of his long and pros- 
perous life. He was a religious man, whose charity and hospi- 
tality were all embracing. He married. February 10, 1791, 



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Calvin Wadhams. 6$ 



Esther Waller, of Connecticut, and he died April 22, 1845, aged 
eighty years. 

Samuel Wadhams, son of Calvin, and father of the subject of 
this sketch, was born in Plymouth, August 21, 1806. He inher- 
ited largely the energy, character, and views of his father; was a 
man of good business qualities, even tempered, and of friendly 
disposition. He married, April 7, 1824, Clorinda Starr Catlin, of 
New Marlboro, Mass., and he died, December 15, 1868, as he 
had lived, an upright and worthy Christian member of society. 

The subject of this sketch graduated at the College of New 
Jersey (Princeton) in 1854, exactly one hundred years after his 
great-grandfather graduated from the same institution. He studied 
law with Hon. L. D. Shoemaker, and was admitted to the bar 
April 6, 1857. He married, October 8, 1861, Fanny D. Lynde, 
a native of Wilkes-Barre, daughter of John W. Lynde, a native of 
Putney, Vt. Her maternal grandfather was Capt. Josiah Cleve- 
land, of Revolutionary memory. They have had four children, 
Mary Catlin, Lynde Henderson, Frank Cleveland, all of whom 
are now deceased, and Raymond Lynde, who was born September 
25, 1872. 

Mr. Wadhams is one of the oldest members of the Wyoming 
Historical and Geological Society, having been elected during 
the first year of its existence, on the 6th of September, 1858. 
He was chosen its Secretary in 1 861, and served for eleven years, 
with the exception of two years, when he was Corresponding 
Secretary. At the annual meeting, February 11, 1873, he was 
elected President of the society, and served for one year, with 
efficiency. 

Mr. Wadhams was one of the corporators and first managers 
of the Wilkes Barre Hospital, and took an active part in the 
direction which brought about its present success. 

As a memorial to their deceased children, Calvin Wadhams- 
and Fanny, his wife, erected Memorial Church, one of the prin- 
cipal church edifices in Wilkes-Barre, at a cost of |l 125, oca 
Their object in so doing is fully set forth in the following extract 
from the deed conveying the property : 

Whereas, Mary Catlin Wadhams, who was bom July 20, 1862, 
and who died January 16, 1871; Lynde Henderson Wadhams, 



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66 Calvin Wadhams. 



who was born April 8, 1864, and who died February 9. 187 1 ; 
and Frank Cleveland Wadhams, who was born May 7, 1868, and 
who died January 14, 187 1, were all children of Calvin Wadhams 
and Fanny D. L. Wadhams. and were taken away by death early 
in life, leaving their parents at the time childless. And the said 
Calvin Wadhams and Fanny D. L. Wadhams desiring to com- 
memorate the brief lives of their children, and feeling accountable 
as parents, not only for the influence exerted by their children 
while on earth, but for the perpetuation of good influences after 
they have gone to their reward, and anxious to do some act 
as representing the good works which they hoped of and from 
their children had the latter attained mature years, have erected 
in the city of Wilkes-Barre a church for the worship of Almighty- 
God, intended as a house of prayer for all people. 

And in connection therewith a congregation was gathered and 
a church organization duly effected, February 24. 1874, the 
membership numbering forty-two. 

In the fall of 1870 Mr. Wadhams organized a Sunday-school 
in the upper part of town, which rapidly increased in member- 
ship, and at the organization of the church became attached 
thereto, he remaining Superintendent a number of years. 

The work on the church was begun on Tuesday, May 21, 
1872, and on Saturday, July 20, same year, the tenth anniversary 
of Mary Catlin Wadhams* birth, the corner-stone was laid with 
appropriate religious services. The motives actuating Mr. and 
Mrs. Wadhams in erecting this church are very clearly expressed 
in a paper which was read on the occasion of the laying of the 
corner-stone. 

These children were not permitted to live long enough to 
•exert much influence for good in the world. We, therefore, desire 
to enlarge that influence by erecting this edifice for the worship 
of God. We feel that as our children can no more speak for 
Jesus here, they may have a representative to do it for them; and 
.as they cannot go about doing good, the money that would have 
been theirs may be profitably spent in getting others to go about 
doing good for them. 

The church was publicly dedicated to the worship of Almighty 
God April 8, 1874, the tenth anniversary of the birth of Lynde 
Henderson Wadhams. Mr. Wadhams formerly presented the 
church to the Board of Trustees, by whom it was accepted, sub- 
ject to the following conditions: 



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Calvin Wadhams. 67 



1st. That the same shall be kept and maintained as a place for 
the worship of Almighty God agreeably to the principles of the 
Presbyterian Church in the United States of America in its doc- 
trines, ministry, forms, and usages. 2d. That the same shall be 
used only for religious purposes, and shall not be used for any 
secular purpose whatever. 3d. That said Memorial Church shall 
keep and maintain the buildings and premises in thorough order 
and repair. 4th. That the buildings and furniture be kept rea- 
sonably insured. 5th. That every tenth pew in the church edifice 
shall remain forever free, and shall not be liable to any charge 
or assessment for any purpose whatever. 6th. That the said* 
Memorial Church, in case of the death or inability of the said 
grantors, shall keep in thorough order the lot in HoUenback 
Cemetery in which lie buried the said three children of the said 
Calvin Wadhams and Fanny D. L. Wadhams, his wife. 

On May 7, 1874, the sixth anniversary of the birth of Frank 
Cleveland Wadhams, the first pastor was installed. 

Many of Mr. Wadhams' relatives are and have been well and 
favorably known, some of them as occupants of important posi- 
tions in this and other parts of the country. Hon. E. C. Wad- 
hams, late State Senator for this district, is a brother; Hon. L. D. 
Shoemaker, ex-Congressman, a brother-in-law, and Sam F. Wad- 
hams, one of the young members of the Luzerne bar, a nephew. 
The late Moses Wadhams, Esq., of this city, was also a brother. 
Rt. Rev. Edward Prindle Wadhams, Bishop of the Diocese of 
Ogdensburg, is also a relative. 

Mr. Wadhams had an attack of paralysis in May, 1882, from 
which he has never wholly recovered. Previous to that time he 
was an active business man and enterprising citizen, solicitous for 
the city's welfare, and never loth to contribute of his means and 
time and effort to advance its interests. 

It is needless to add to the facts above detailed, that he is a 
man of most generous impulses. What he gave away for good 
purposes, out of the great charity of his heart, when he was 
wealthy, would have left him still so, had it been retained by 
him. He works now in his profession, not much as an advocate, 
but industriously as an oflfice lawyer, seemingly not at all em- 
barrassed or hindered in any way by an eyesight so defective that 
it compels him almost to bury his head in the paper he is read- 
ing, or on which he is writing. He has many friends, and just 



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68 Lewisburg National Bank v. Broadhead. 



enough enemies to affirm his possession of that quah'ty of self- 
respect without which a man is not a man. 



€cmrt of Common JJlccw of Cujeme Countg. 
The Lewisburg National Bank v, Broadhead. 

Affidomt o/eU/entt — Warranty in salt qfchattelt — Chtck. 

z. Any defense which would be good against the payee of a check is good against his agent, to whom 
it had l>een indorsed merely for the purpose of collection. 

3. An averment in an affidavit of defense that the defendant is informed and believes this to be the 
fact, and that he expects to be able to prove the same, is sufficiently certain. 

Rule for judgment for want of a sufficient affidavit of defense. 
The opinion of the court was delivered November 27, 1882, by 

Rice, P. J. — The affidavit of the defendant avers an express 
warranty for the horses, for which the check in suit was given in 
part payment, a breach of the warranty, and damages to the 
amount of one hundred and seventy-five dollars. As against the 
payee in the check, this constitutes a complete prima facie defense. 
An express warranty being averred, it was not incumbent on the 
defendant to aver that he did not purchase on inspection. It is 
also beyond question that any defense which would be good 
against the payee of the check, would be good against the payee's 
agent, to whom it had been indorsed merely for the purpose of 
collection. The defendant swears that " he is informed and be- 
lieves" this to be the fact, "and expects to be able to prove" the 
same. Under the authorities, this averment is sufficiently cer- 
tain. Black V. Halstead, 3 Wr. 64; Thompson v, Clark, 6 Sm. 
33; Reznor v. Supplee, 31 Sm. 180; Moeck v, Littell, i Nor. 354. 

The rule is discharged. 

D. L. O'Neill, Esq., for plaintiff. 
John McGahren, Esq., for defendant. 



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ORPHANS' COURT SALE. 
Elstate of Thomas Hutchins. dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Terra Cotta 
Works, in Wyoming village, on Friday, March i6th. 
1883, at 10 o'clock A. M., the following described real 
esute, viz. : 

z. All those messuages and tracts of land (the sur- 
face thereof) in the village of Wyoming, Kington 
township, bounded and described as follows, to wit : 

(i) B<sinning at a comer of land of Isaac C. Shoe- 
maker, thence along said Shoemaker's land from the 
north rail of the Lackawanna and Bloomsburs Railroad 
14 rods and 33 links to a comer on land of William S. 
Shoemaker, thence along the said lands of William S. 
Shoemaker i^ rods to a corner, thence along lands of 
William S. Shoemaker 19 rods and 9 links to a corner 
at the nonh rail of the said Lackawanna and Blooms- 
burg Railroad Co., thence down said railroad 15 rods 
ana t link to a comer, the place of beginning, contain- 
ing X acre and 96 perches of land, more or less. 

(2) Beginning at a comer of land of Thos. Hutchins, 
deceased, and Isaac C. Shoemaker, thence 3 rods to a 
comer, thence 14 rods and 14 links to a comer, thence 
I rod and 2 links to a comer on said Hutchins' land, 
thence is rods to a comer, the place of beginning, con- 
tainine 30 perches of land, more or less. 

(3) Beginning at a comer of land of Thos. Hutchins, 
deceased, at north rail of the Lackawanna and Blooms- 
burg Railroad, thence along land of the said Hutchins 
and W. S. Shoemaker 17 rods and 23 links to a comer, 
thence 4 rods to a corner, thence 11 rods and 3 links to 
a comer, thence 14 rods and 10 links to land of Law- 
rence Myers, being the Commissioners' line between 
lou Nos. 35 and ^6, third division of Kingston town- 
ship (18 feet in width along the northwest side to re- 
main in Isaac C Shoemaker for a right of way only), 
thence 6 rods to the north rail of the Lackawanna and 
Bloomsburg R;#ilrond Company, and thence along the 
said railroad 14 rods and 10 links and 4 rods to the 
place of beginning, conuining 156 perches of land. 

(4) Beginning on the east comer of the Lackawanna 
and Bloomsburg Railroad Company's depot lot, at the 
Dorth rail of said railroad, thence 6 rods to a corner, 
thence ijy^ rods to a corner near a linden tree on land 
of Lawrence Myers, thence 11 rods to the line of the 
Lackawanna and Bloomsburg Railroad, and thence 
down said railroad 7^ rods to the place of beginning, 
containing 74 perches of land, more or less ; 18 feet on 
the northwest side of the last mentioned lot being re- 
served by Isaac C. Shoemaker for a right of way : and 
reserving all the coal and other minerals ; and having 
ereaed thereon a terra cotta manufactory. 

3. Being the premises on Careytown road, city of 
Wiikes-Barre, b^innine at a comer of Patrick Wall- 
gar's lot, and running back at right angles with said 
road X47 feet to a corner, thence on a line parallel with 
said road 50 feet to a comer, thence on a straight line 
parallel with the first 147 feet to a comer on said road, 
thence up along said road 50 feet to the place of begin- 
ning, containing one-quarter of an acre of land, more 
or less : and having a two-story frame dwelling house 
and outbuildings thereon. 

3. Being the premises in the borough of West Pitts- 
ton, beginning at a point on Philadelphia avenue at a 
distance of 50 feet southeastwardly from Fifth street, 
and extending southwestwardly at right angles to said 
avenue the disunce of aoo feet to Atlantic street, 
thence southeastwardly along said Atlantic street ^ 
feet, thence northeastcHy at right angles to Atlantic 
street 200 feet to Philadelphia avenue aforesaid, and 
thence northwesterly alon^ said avenue %o feet to the 
place of beginning ; the said lot being No. 70, Phila- 
delphia avenue ; reserving all the fossil or mineral 
ooai, iron, or other ores. 

Tbsms op, Salb — 10 per cent on day of sale, 15 per 
cent on confirmation of sale, and the balance (75 per 
cent) one year from sale, with interest from day of sale; 
deferred payments to be secured by bond and mortgage 
on the premises. 

R. H. WEIR, 

R. H. HUTCHINS, 

McLEAN & JACKSON, Administrators. 

Attomeys. 8-10 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under theAct of Assem- 
bly, entitled "An Act to provide fur the incorporation 
and regulation of certain corporations," approved 29th 
April, 1874, and the supplements thereto, lor the incor- 
poration of an intended corporation, to be called " The 
I Consumers Coal Company, ' the character and objects 
of which are the mining, preparing, shipping, selling, 
purchasing, and otherwise dealing in anthracite coad, 
and also the leasing, purchasing, and holding, and 
demising real and personal esute connected therewith. 

E. P. & J. V. DARLING. 
8-10 Solicitors. 

NOTICE IS HEREBY GIVEN THAT AN 
a|>plication will be made under an Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporation," approved the 
39th April, 1874, and the supplements thereto, for the 
incorporation of^ an intendeo corporation, to be called 
" The Dixon Pulp and Paper Company," the charac- 
ter and objects of which arc the manufacturing and 
preparing paper from wood pulp by chemical process. 
as well purchasing and selling the same, and also the 
leasing, purchasing, holding, and demising real and 
personsd estate connected therewith. 

ISAAC P. HAND, 
9-11 Solicitor. 

NOTICK IS HEREBY GIVEN THAT AN 
application will be made to one of the Judges 
of the Court of Common Pleas of Luzerne county, 
under the provisions of the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula- 
tion of certain corporations," approved April 39, 1874, 
and the supplements thereto, on Monday, March 36, 
1 883. at 10 o'clock A.M., for the charter of an intended 
corporation, to be called "The Pittston Cornet Band," 
the character and objects of which are the practice and 
promotion of music. 

F. C. MOSIER. 
10-13 Solicitor. 

IN THE ORPHANS' COURT OF LUZERNE 
county. In Re Elstate of Andrew Montanye, 
deceased. Now, March sth, 1883, rule is granted to 
show cause why Geo. B. Rulp, Trastee, should not be 
discharged. Retumable the 31st dav of March, 1883, 
at 10 o'clock A. M. 10-12 Bt the Court. 

IN THE ORPHANS' COURT OF LUZERNE 
county. Rule for discharge of Executor. Now, 
March 8, 1883, on filing within petition and affidavit, 
and on motion of C. B. Gardner, attorney for petitioner, 
a mle is granted to show cause why E. C. Silvius, 
Executor, etc., shall not l>e discharged as prayed for. 
Ten days' notice to be given to all interested parties 
living in Luzeme county, and .said notice to be also 
inserted in the Luzeme Legal Register and Union- 
Leader for three weeks before making said application. 
Retumable March 31, 1883. xo-13 Bv thk Court. 



JOHN F. EVERHART, 
a student at law in the office of G. S. Ferris, will 
apply at March term, 1883, for admission to practice 
as an attorney in the several courts of the county of 
Luzeme. 8-10 



CHARLES A. REED, 
a member of the Supreme Court of New Jersey, 
will apply for admission on March 26, 1863, to practice 
as an attorney in the several courts of the county of 
Luzeme. lo-ia 

LUZERNE COUNTY ss: 
In Re Assignment of J, A. Wood for the benefit 
of creditors. Notice is hereby given that Charles A. 
Jones, A.ssi^ee, has exhibited and filed a final account 
as such Assignee, which account will be confirmed and 
allowed on the 31st day of March, 1883, unless cause io 
shown to the contrary. 

JAMES M. NORRIS, 
i6-x3 Prothonoiary. 

53 



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ESTATK OF THOMAS W. JONES, LAtE OF 
Hanover township, deceased. 
Lcttefs of adminbtmtion upon the above named 
Estate having been granted to the undersigned, all per- 
sons haying claims against the same Mrill present them 
tor payment, and those indebted thereto will please 
make immediate payment to 

REF^E J. JONES, 
JANE JONES, 
G. H. R. PLUMB, Administrators. 

Attorney. 10-15 



ESTATE OF ELIZABETH CONNELL, LATE 
of PittKton, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 



F. C. MOSIER, 

Attorney 



J. A. COLLIER, 

JO 



JOHN H. MULLIN. 

Executors. 

5-10 



ESTATE OF TAMES DOLAN, 
township of P 



, LATE OF THE 
township of Plains, deceased. 
Letters testamcatary upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tncm 
for payment, and those indebted thereto will please 
make immediate payment to 

PHILIP McANIFF. 
M. CANNON, E.xecutor. 

Attorney. 10-15 



ESTATE OF EDGAR GREEN, LATE OF THE 
township of Franklin, deceased. 
Letters testamentary upon the above named 
estate having been granted to the undersigned, all pet- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ISAAC SUITON, 
PA LMER, DEWITT & FULLER. Executor. 
^0-15 Attorney. 

ESTATE OF ANN MIDDLETON. LATE OF 
Plains township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
imniciliate payment to . 

STEPHEN HEALEY, 
RICHARD BURKE, 
COONS & SHORTZ, Executors. . 

Attorneys. 9-14 

ESTATE OF REV. CHAS. A. MATTINGLY, 
laic of Nantiookc, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

REV. THOMAS J. RAY, 

REV. TIMOTHY J. DONOHUE, 

Executors. 



•6-1 1 



ESTATE OF JULIA McNULTY, LATE OF 
Wilkes-Barre township, deceased. | 

Letters uf administration upon the above named | 
«state having been granted to the undersigned, all per-; 
sons having claims against the same will present them 
tor payment, and those indebted thereto will please j 
make immediate payment to 

ALICE McNULTY, 
E. P. & J. V. DARLING, Administratrix. 

Attorneys. 8-13 

54 



ESI ATE OF WILLIAM MINNICH. LATt. OF 
Sugarloat township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present ihem for 
payment, and those indebied thereto will please niak« 
immediate payment to 

ANN ELIZA MINNICH. 
10-15 Executrix. 

ESTATE OF JOHN BARNEY, LATE OF THE 
borough of Nanticoke, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

CATHARINE BARNEY. 
6-u * Administratrix. 

ESTATE OF JOSEPH SCHAPPERT, LATE 
of Nanticoke, deceased. 
Letters testamentary upon the above named estate 
having been granted to the unacrsigned, all persons 
having claims against the same will present them for 
payment, and tho.se indebted thereto will please make 
immediate payment to 

MARY ANN SCHAPPERT, 
JACOB SCHAPPERT, 
8-13 Executors. . 

ESTATE OF MICHAEL STEIN, LATE OK 
Dorrance township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

GEO. H. HINKLEMAN, 
7-12 Executor. 

ESTATE OF ELIZA BOWERS, LATE OF 
Wyoming, Kingston township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto wilt please make 
immediate payment to 

WILLIAM HANCOCK, 
8-14 Executor. 

ESTATE OF JOHN MANGAN, LATE OF 
Pitision township, deceased. 
Letters of administration upon the above nara^ 
estate having been granted to the undersigned, all per- 
sons having claims ag.'iinst the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

THOMAS MANGAN, 
F. C. MOSIER, Administrator. 

Attorney. 9-14 

ESTATE OF W. S. HILLARD. LATE OF THE 
city of Wilkes-Barre, dccea.sed. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RUTH B. HILLARD, 
E. G. BUTLER, Executrix. 

Attorney. 8-13 

ESTATE OF JOHN ORR, LATE OF FOSTER 
township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

ELIZABETH A. POLLOCK, 
9-14 Executrix. 



Digitized by VjjOOQIC 



ESTATE OF ANTHONY MEYERS, LATE OF public road, thence along said public road 51 a-to 



Hazleton, deceased. 

Letten of administration upon the above named 
estate haYii^ been granted to the undersigned, all 
penoas hariag claims against the same viH present 
diem for paymeat, and those indebted thereto will 
pkase laakc immediate payment to 

H. W. MEYERS, 
A. R. BRUNDAGE, Administrator. 

Auomey. 5-10 



ESTATE OF JOHN GILLESPIE, LATE OF 
Hazic township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 



perchcs to a stone comer, the place of beginning, con- 
taining 10 acres of land, more or less ; sul improved, 
with a two-story frame dwelling, a bam, and other 
outhouses, and blacksmith shop and fruit trees thereon. 



AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luxemc county to distrib- 
ute the fund arising irom the Sheriff's sale of the per- 
sonal property of LeGrand & Boyer, will attend to the 
duties of his appointment, at the office of Alexander 
Famham. Esq., on Franklin street, in the city of 
Wilkes-Barre, on Wednesday, the 14th day of March, 
. . -, . - . , ••• " ' c 1883, at 10 o'clock A. M., at which time and place all 

banng claims against the same will present incmjpcrsons having claims against said fund are notified to 



far payment, and those indebted thereto will please 
mke inmediate payment to 

OWEN GILLESPIE, 
JOHN D. HAYES. Admihistrator. 

Attorney. 5-10 

ESTATE OF MARTHA FAIRCHILD, LATE 
of Nanticoke, deceased. 
LetteRk of administration upon the above named 
estate having been granted to the undersigned, ali per- 
soas having claims against the same will present them 
for paynent, and those indebted thereto will please 
■ake immediate payment to 

SAMUEL LINE, 
BENNETT & NICHOLS, Administrator. 

Attorney. * 5-10 

ESTATE OF^OHN M. STACKHOUSE, LATE 
of Shickshinny, deceased, 
littters of administration upon the above named 
estate having been granted to the undersigned, all 
penoos having claims against the same will present 
dicB for payment, and those indebted thereto will 
plase make immediate payment to 

JAMES POST, 
I. P. HAND, Administrator. 

Attorney. 9-15 

ESTATE OF JOSEPH STACKHOUSE, LATE 
of Shickshinny, dece.ised. 
Letten testamentary upon the above named estate 
havii^been granted to the undersigned, all persons 
haviag dainn against the same will present them for 
payvcat, and those indebted thereto will please make 
tuediate payment to 

JOHN W. CHAPIN, 
L P. HAND, Executor. 
Attorney. 9-14 

ESTATE OF JASPER B. STARK, LATE OF 
Wilkes-Barrc , deceased . 
Letters of administration upon the above named 
tatatK having been granted to the undersigned, all per- 
aoas having claims against the .same will present them 
fer payment, and those indebted thereto will please 
■ake immediate payment to 

FRANCIS R. STARK, 
E. P. & J V. DARLING, Administratrix. 
Attorneys. 9-14 



present the same, or be forever debarred from coming 
in on said fund. 

R. D. EVANS, 
7-10 Auditor. 

AUDITOR'S NOTICE. 
Estate of Elias Hoyt, dec'd. The undersigned, 
an Auditor, appointed to report upon the exceptions to 
the account of Executor, will attend to the duties of 
his appointment, at his office, in the city of Wilkes- 
Barre, on Saturday, March 24tn, i88i. at 10 A. M. 

G. R. BEDFORD. 
8- 1 1 Auditor. 

LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 476, October term, 1882. Libel in divorte a vin- 
culo matrimonii. Lihbie Jane Spencer, by her next 
friend, Ferdinand Ferrell, v. Orrin R. Spcntcr. To 
Orrin R. Sucnccr — Please take notice that the court 
ha.s granted a rule on you to show cause why a divorce 
a vinculo matrimonii ^hall not be made and entered in 
favor of the libellant, service of the subpoena having 
failed on account of your absence. Returnable on 
Monday, March 19, 1883, at 10 o'clock A, M. 

T. R. MARTIN, • 
lo-ii Solicitor. 

LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 52, November term, 1882. Libel in divorce a vin- 
culo matrimonii. Mary J. Mor:5.in, by her next friend, 
David Maxcy, V. Dnvid C. M't ;.in. To David C. 
Morgan — Please take soiicc tJi.it «' < t , t has granted 
a rule on you to sh< >. . ' w ,.\ .1 .'TCc a vinculo 
matrimonii shall not he 1 nr uml c.a.rod in favor of 
the libellant, service of the subpt>cna having failed on 
account of your absence. Returnable on Monday, 
March 26, 1883, at 10 o'clock A. M. 

GEO. H. TROUTMAN, 
lo-u Solicitor. 

LUZERNECOUNTV, ss: 
In the Court of L^mmon Pleas of said county. 



SHERIFFS SALES. 
Abstract of property to be sold by Wm. O'Malley, 



No. 597, October term, 1882. Libel in divorce a vin- 
culo matrimonii. Hi'n-iah rJarker. by her next friend, 
William Kitching, v. Francis I5arkcr. To Francis 
Barker — Please tiikc notice that the court has granted 
a rule on you to show cause why a divorce a vinculo 
m.ttrimonii shall not he nia<lc ana cntored in favor of 

^^^ , , '■^'^ libellant, service of the subpoena having failed on 

Sheriff of Luzenie county, on Saturtiay, March lot^^j^it-'^'ount of jvour ah>cncc. Returnable on Monday, 

A. D. 1883, at 10 o'clock A. M.. at the Arbitration | March 26, 1883, at 10 o'clock A. M. 

rao«, in the Court House, Wilkes-Barre, who willj E. A. LYNCH, 

proceed with the different properties in the order in 10-11 ^ Solicitor. 

which they are number, to wit : 

10 ,r UZERNE COUNTY, ss: 

Saitof Elzra Stair v. Abraham Aradd and Elizabeth J_i To all whom it may concern: Take notice that 

Arnold. jH. J. Seely and Peter Mcixcl, Tru.siet'. of the real 

tM February term, 1883. Debt, $306.25. ^'^- fa. icstatc conveyed by Christian Billhamer and wife to 

14 Mardi term, 1883. Cannon, Att'y. j the German Presbyterian and Lutheran Churches of 

Also three other suits of same amount. iSalcm, have applied to the Court of Common Plcis of 

All that lot of land in Slocum township, beginning] Luzerne county for an order to sell said property, and 

at a itooc planted for a comer in the middle of a public that all persons interested may be heard before said 

nM), thence along the Christian Leudcr estate and court on Monday, March 12, 1883, at 10 o'clock A. M. 

■Mnle of said mimic road 39 a-xo perches to a stone' By order of the court. 

corner of land of Josiah Jones, thence along land of the I Q. A. GATES, 

one 36 8-10 perches to a post, thence to a post in the 8-10 Attorney. 

55 



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Digitized by VjjOOQIC 



The Luzerne Legal Register. 



Vol. XII. Friday, March i6, 1883. No. 



©q)l)ans' Court of Cujenu dountj). 
MoTT*s Estate. 

I. After a testamentary trust has been completed, the Orphans' Court may compel a trustee to 
coDTey the estate to the beneficiaries. 

3. It matters not what may be the nominal duration of an estate given by will to a trustee, it con- 
tinues no longer than the thing sought to be secured by the trust demands. 

Petition for removal of executor. 

The opinion of the court was delivered September 4, 1882, by 

Rhone, P. J. — These petitioners ask the court to remove the 
surviving executor on two grounds: i. Because he is wasting 
and mismanaging the estate. 2. Because the duties of his trust 
have terminated. 

The allegation of waste and mismanagement has not been sus- 
tained by any evidence. The executor by his answer has fully 
and entirely exhibited his course as executor to have been a wise 
one, and also profitable to the estate, so that the first ground of 
complaint has entirely failed, and if this were all we would dis- 
miss the petition, with costs. 

Should the executor be removed on the second ground stated? 
This part of the case has not been fully developed, and we send 
the matter to an examiner to take testimony. We make the fol- 
lowing suggestions and inquiries without any other object or 
purpose than to direct the investigation before the examiner. 
Has not the testator expressed his intention to be to provide: 
first, for the payment of his debts; second, for the support of his 
wife and sister; third, for the support of his minor children; and, 
fourth, for a distribution, when his youngest child should come 
of age, of all his estate, except so much as might be necessary to 
complete his former purposes? 



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yo MoTT*s Estate. 



The sister is dead, the children are all of age, and the widow 
expresses her desire to release the executor; so, when the debts 
are all paid, what will remain for the executor to do to complete 
the testator's purposes? What are the debts, and has their lien 
been continued? What effort has the executor made to effect a 
sale of the property, so as to be able to make distribution? Is 
there any personal estate? 

Power to act at discretion need not be expressly given, if it 
can be implied from the nature of the trust. Pickering v. Shot- 
well, lO Barr, 23. 

Discretionary power of sale does not vest the title in the 
executors. Bleight v. M. & M. Bank, 10 Barr, 131; Chew v. 
Micklin, 9 Wright, 84; Peterson's Appeal, 7 Norris, 397. 

The Orphans' Court has full power and authority to control 
executors in the exercise of the powers given them by will for 
the sale or management of real estate. The court may order the 
executors to make the sale, etc. Dundas* Appeal, 14 Smith. 325 ; 
Twaddell's Appeal, 32 Smith, 22 1 ; Daily's Appeal, 6 Norris, 487 ; 
Williams' Appeal, 23 Smith, 249; Hutchinson's Appeal, i Norris, 
509; Bruner v. Naglee, 7 Phila. R. 384. 

Since the act of May i, 1861 (P. L. 680), the Orphans' Court 
may remove an executor or administrator ** where for any cause 
the interests of the estate or property are likely to be jeodard- 
ized" by his continuance." Kellberg's Appeal, 5 Norris, 129; 
Parsons' Estate, i Norris, 465. 

After the trust has been completed, the Orphans* Court may 
compel a trustee to convey the estate to the beneficiaries. Apple's 
Estate, 3 Phila. R. 23. 

It matters not what may be the nominal duration of an estate 
given by will to a trustee, it continues no longer than the thing 
sought to be secured by the trust demands. Koenig's Appeal, 7 
Smith, 352; Kay v. Scates, i Wright, 31; Dodson v. Ball, 10 
Smith, 492, and cases there cited. 

We have, perhaps, said more than was our duty to say at this 
stage of the case, but we have done so to indicate to the parties 
that while we refuse to grant the prayer of the petitioners now, 
we do not shut the door against a disposition of the case on its 
merits when all the material facts are ascertained. 

We, therefore, refer the case on the second ground of complaint 
to the standing examiner to investigate the facts and make report 
thereon, and dismiss the petition as to the first ground. 

Messrs. E. P. & J. V. Darling, for trustee. 
A. Ricketts, Esq., contra. 



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Mott's Estate. jt 



©rpljans' dourt of Cujeriu Countg. 
MoTT*s Estate. 

I. The duties and powers of an auditor appointed to investigate the facts, and make report thereon, 
are co-extensive with those oi an examiner and master combined. 

3. The duties of an auditor in the taking of testimony are as much separated from his duty to report 
thereon as those of an examiner are from his duties as master in equity. So far as the taking of 
testimony b concerned, his duties are mere like those of a " commissioner to take depositions," 
but are not nearly so limited, being specially appointed to investigate all the facts of the case, 
to develop the true points, and bring before the court only the real matters at issue. In his 
report, which follows the taking of the testimony, he is to decide upon the admissibility, rele- 
vancy, and weight of the testimony, and the competency of the witnesses. 

3. If there be sufficient competent evidence to support his report, it will not be set aside because 

incompetent testimony has bern admitted by him, unless it is shown that he was led into some 
specific error by that which is incompetent. 

4. The parties have no right to appeal to the court on the rulings of the auditor or examiner during 

the taking of the testimony, as this would be to pass upon the case piece meal. 

5. Phillips' Appeal (18 Smith, 150) commented on. 

The opinion of the court was delivered February 24, 1883, by 

Rhone, P.J. — This proceeding^ was commenced to remove the 
executor on two grounds: i. For waste. 2. Because his duties 
as executor and trustee are terminated by operation of law. 

The case was heard on bill, answer, and demurrer, and the 
court, by opinion filed, refused to remove the executor on the 
allegation of committing waste, but concerning the other question 
referred the matter to what we call in our rules of court a stand- 
ing examiner, ** to investigate the facts and make report thereon 
to the court." The examiner has proceeded with the taking of 
testimony until the question has arisen whether he has power to 
reject testimony submitted to him on the ground of irrelevancy, 
or incompetency of the witness, and he has propounded this 
question to the court. 

The term "auditor" is the one most usually adopted by this 
court, instead of the "examiner and master" of the equity courts. 

Under this title, the duties and powers of an auditor appointed 
to investigate the facts, and make report thereon, are co extensive 
with those of an examiner and master combined. The most 
complete exposition of the purposes for which an auditor may be 
appointed, and the effect of his report, when acting as a master, 
may be found set forth by Justice Agnew in Phillips* Appeal (18 
Sm. 130). 



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72 Mott's Estate. 



The auditors expressly authorized by acts of Assembly to be 
appointed to distribute a fund in court may have more extensive 
judicial powers than the one appointed at the instance of the 
<:ourt to aid in the development of the facts and the law on which 
a general decree is to be based. In either case, however, he is 
but an auxiliary of the court, and his power to decide on the 
admissibility or relevancy of testimony must be very limited, else 
the suitor might have his case strangled in the dark. The duties 
of an auditor in the taking of testimony areas much separated from 
his duty to report thereon as those of an examiner are from his 
duties as master in equity. So far as the taking of testimony is 
concerned, his duties are more like those of a "commissioner to 
take depositions," but are not nearly so limited, being specially 
appointed to investigate all the facts of the case, to develop the 
true points, and bring before the court only the real matters at 
issue. In his report, which follows the taking of the testimony, 
he is to decide upon the admissibility, relevancy, and weight of 
the testimony, and the competency of the witnesses 

If there be sufficient competent evidence to support his report, 
it will not be set aside because incompetent testimony has been 
admitted by him, unless it is shown that he was led into some 
specific error by that which is incompetent. Sawtell's Appeal, 
3 Norris, 309; Breneman's Estate, 15 Smith, 299; Kennedy's 
Appeal, 4 Barr, 152. 

Of course, there comes a time in the taking of testimony when 
he must decide what testimony he will reject or refuse to take, 
in which case the party offering the testimony, or the witness, 
should state in writing his offer and its purpose; the opposing 
counsel, or party, should state his objections, and the auditor 
should state the ground on which he concludes to reject the offer. 
The parties are left to their right of exception before the court 
after the report is filed, when the fullest opportunity is given to 
bring out the merits of the case. 

The parties have no right to appeal to the court on the rulings 
of the auditor or examiner during the taking of the testimony, 
as this would be to pass upon the case piece meal. Howell's 
Estate, 38 Leg. Int. 478; Collins' Estate, 2 W. N. C. 430. 

If it be argued that the taking of testimony in this manner may 
be ruinously expensive, we answer that the court has discretion- 
ary power over the costs. 

On the whole, we say, then, let this case proceed under the 
control of the auditor, or, as we have called him, standing exam- 
iner. As there is no charge of dishonesty laid against him, the 
soundness of his judgment can be inquired into when the whole 
case is before us, without prejudice to the rights of either party. 



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ESTATE OF THOMAS W. JONES, LATE OFl 
Hanover township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will pre&ent them 
for payment, and those indebted thereto will please 
make immediate payment to 

REESE J. JONES, 
JANE JONES, 
G. H. R. PLUMB, Administrators. 

Aiiomcy. 10-15 



ESTATE OF JASPER B. STARK, LATE OF 
Wilkcs-Barre, drceabcd. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims agamst the same will present them 
for payment^ and those indebted thereto will please 
make immediate payment to 

FRANCIS R. STARK, 
E. P. &J V. DARLING, Administratrix. 

Attorneys. 9-14 

TESTATE OF JAMES DOLAN, LATE OF THE 
township ol Plains, deceased. 



ESTATE OF WfLLlAM MINNICH, LATJi OF 
Sugarloat township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons- 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

ANN ELIZA MINNICH, 
10-15 Executrix. 



Letters testamentary upon the above named immediate payment to 



estate having been granted to the undersigned, all per- 
sons having claims against the same will pre-sent them 
tor payment, and those indebted thereto will please 
make immediate payment to 

PHILIP McANIFF, 
M. CANNON, Executor. 

Attorney. 10-15 



ESTATE OF JOHN BARNEY, LATE OF THE 
borough of Nanticoke, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per' 
sons having claims :igainst the same will present them 
for payment, and those indebted thereto will plcase- 
make immediate payment to 

CATHARINE BARNEY, 
6-11 Administratrix. 

ESTATE OF JOSEPH SCHAPPERT, LATE 
of Nanticoke, deceased. 
Letters testamentary* upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present tnem for 
payment, and those indebted thereto will please make 



MARY ANN SCHAPPERT, 
JACOB SCHAPPERT 

Executors. 



ESTATE OF EDGAR GREEN, LATE OF THE 
township of Franklin, deceased. 
Letters tesumentary upon the above named 
estate having been granted to the undersigned, all pei- 
sons having claims against the same will present tnem 
for payment, and those indebted thereto will please 
make immediate payment to 

ISAAC SUTTON, 
PALMER, DEWITT & FULLER, Executor 
10-15 Attorney. 



8-13 



ESTATE OF MICHAEL STEIN, LATE OF 
Dorrance township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persodk 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

GEO. H. HINKLEMAN, 
7-12 Executor. 



ESTATE OF ELIZA BOWERS, LATE OF 
Wyoming, Kingston township, deceased. 
Letters testamentary aoon the above named estate 
[having been granted to the undersigned, all persons- 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

WILLIAM HANCOCK, 
8-14 Executor. 

ESTATE OF JOHN MANGAN, LATE OF 
Pittston township, deeeaaed; 
Letters of administration upon the abov« named 
estate having been granted to tne tmdersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will pleas* 
make immediate payment to 

THOMAS MANGAN, 
F. C. MOSIER, Administrator. 

Attorney. 9-1^ 

ESTATE OF W. S. HILLARD, LATE OF THE 
city of Wilkes- Barre, deceased. 
Letters testamenury upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RUTH B. HILLARD, 
E. G. BUTLER, Executrix. 

Attorney. 8-13 

ESTATE OF JOHN ORR, LATE OF FOSTER 
township, deceased. 

estate having been granted to the undersigned, all per- Letters testamentary upon the above named esute 
sons having cbims against the same will present them having been granted to the undersigned, all persons 
lor payment, and those indebted thereto will please having claims against the same will present them for 
make imme<liate payment to payment, and those indebted thereto will please make 

ALICE McNULTY, immediate payment to 

K. P. & J. V. DARLING, Administratrhc. \ ELIZABETH A. POLLOCK, 

Attorneys. 8-13 9-14 Executrix. 

57 



ESTATE OF ANN MIDDLETON. LATE OF 
Plains township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
immediate payment to 

STEPHEN HEALEY, 
RICHARD BURKE, 
COONS & SHORIZ, Executois. 

Attorneys, 9-14 



ESTATE OF REV. CHAS. A. MATTINGLY, 
late of Nanticoke, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all person» 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

fCkv. THOMAS J. RAY, 
REV. TIMOTHY J. DONOHUE, 
i-u Executors. 



ESTATE OF JULIA McNULTV, LATE OF 
Wilkes-Barre township, deceased. 



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ESTATE of;ohn m. stackhouse, late 
of Shickshinny, deceased. 
J>etters of administration upon the above named 
«statc having been granted to the undersigned, all 
persons having claims against the same will present 
-th^m for payment, and those indebted thereto will 
please make immediate payment to 

JAMES POST, 
I. P. HAND, Administrator. 

Attorney. 9-15 



ESTATE OF JOSEPH STACKHOUSE, LATE 
of Shickshinny, deceased. 
Letters tcstamenur>' upon the above named esutc 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

JOHN W. CHAPIN, 
1. P. HAND, Executor. 

Attorney. 9-14 

ESTATE OF MARY E. MACCARTNEY, LATE 
of Salem township, deceased 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same wiU present 
them for payment, and those indebted thereto will 
please make immediate payment to 

C. B. JACKSON, 
Administrator c. t. a. d. b. n. 



xi-i6 



ESTATE OF JOHN HENRY, LATE OF THE 
township ofNescopeck, deceased. 
Letters of administration upon the above named 
esute having been granted to tne undersigned, all per- 
«ons having claims against the same will present tncm 
for payment, and those indebted thereto will pleast 
make immediate payment to 

C. B. JACKSON, 
»«-t6 Administrator. 



LATE OF 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Louis Dunie, and that said license will be asked for in 
the court aforesaid, on Monday, the i6th day of April, 
1883, at 10 o'clock A. M. 

S. J. STRAUSS, 
ii-xa Solicitor. 



NOTICK IS HEREBY GIVEN THAT AN 
application will be made to one of the Judges 
ol the Court of Commoq Picas of Luzerne county, 
under the provisions ol the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula* 
tion of certain corporations," approved April »^, 1874, 
and the supplements thereto, on Monday. April i6th, 
1883, at 10 o clock A.M., for the charter ot an intended 
corporation, to be called "The Welsh Presbyterian 
Church," of Ashley, the character and objects ot which 
are to purchase lands and erect buildings for the sup- 
port of^ public worship. 

W. H. HINES, 
11-13 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made under thcActof Assem- 
bly, entitled "An Act for the incorporation and rcKula- 
tion of banks of discount and deposit," approved May 
13, 1876, and the supplements thereto, for the incorpo- 
ration of an intended bankinc corporation, to be called 
the " Naniicoke Bank," and to be located In the bor- 
ouch of Nanticoke, Luzerne county. Pa., the character 
and objects of which are the carrying on the general 
business of banking as a bank of deposit and di:fcount. 

W. H. HINES. 
11-13 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of Judges of the 



Court of Common Picas of Luzerne county, under the 
provisions of the Act of Assembly, entitled "An Act to 
provide for the incorporation and regulation of certain 



ESTATE OF ANN WILLIAMS 
Plymouth, deceased. . , . 

Letters testamentary upon the above named cstatt'^^T^rations," approved .Ap'tl 29th, 1874. and the sup- 
having been granted to the undersigned, all person.s ' plcnents thereto, on Monday, April i6ih, 1883, for the 



having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RICHARD J WILLIAMS, 
"-16 Executor. 



ESTATE OF DANIEL JONES, LATE OF THE 
borough of West Pittston, deceased. 
Letters ol administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for pavment.and those indebted thereto will please 
make immediate payment to 



GEO. S. FERRIS, 

Attorney. 



JACOB KERN, 
JOHN W. NIMMO, 



Adm'rs c. t. a. d. b. n. 

11-16 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by M. Silverman, 
and that said license will be asked for in the court 
aforesaid, on Monday, April 16, 1883, at 10 A. M. 

JOHN T. LENAHAN, 
««-" Solicitor. 



incorporation of an intended corporation, to be called 
"The Saint Kazimierza Society," of Plymouh, Pa., 
the character and objects of which arc benevolence 
and charity. 

H. C. MAGEE. 
11.13 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made under an Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporation," approved the 
29th April, 1874, and the supplements thereto, for the 
incorporation of^ an intended corporation, to be called 
" The Dixon Pulp and Paper Company." the charac- 
ter and objects of which arc the manufacturing and 
preparing paper from wood pulp by chemical process, 
as well purchasing and selling the same, and also the 
leasing, purchasing, holding, and demising real and 
personal estate connected therewith. 

ISAAC P. HAND, 
9- II Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of the Judges 
of the Court of Common Pleas of Luzerne county, ud- 
der the provisions of the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula- 



NOTICE IS HEREBY GIVEN THAT AN tion of ceruin corporation." approved April 29, T87A. 
app'jcatlon for a license to peddle on foot has and the supplements thereto, on Monday, March ao, 
beeti filed in the office of the Clerk of the Court of i883,at 10 o'clock A M.,for the charter of an intendea 
Quarter Sessions of Luzerne county by L. J. Thomas, corporation, to be called "The Pituton Comet Bank," 
and that said license will be asked for in the court the character and objecu of which arc the practice and 
aforesaid, on Monday, April 16. 1883, at 10 A. M. I promotion of music. 

WM. L. McLEAN, F. C. MOSIER, 

*'-«« Solicitor. 1 10-12 Solicitor. 

58 



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ORPHANS* COURT SALfc. 
Estate of Ann Middlcton, deceased. By virtue 
of an order of the Orphans* Court of Luzerne county, 
the undersipied will sell at public auction, at the Arbi- 
tration room, in the Court House, at Wilkes-Barre, on 
Saturday, the 31st of March, 1883, at lo o'clock A. M., 
the following piece of land in the township of Plains, 
beginning on the back road at a comer of land of Mrs. I 
Ann Courtright, thence along said land 218 feet to a' 
comer of land of John Mitchell, thence 50 feet to a 
comer, thence 218 feet to the back road aforesaid, 
theace along same 50 feet to the place of beginning: 
excepting and reserving the coal and other minerals ; 
improved, with a two-siory frame house, 16x26 feet, 
and outbuildings thereon. 

Terms of Sale— $300 down on day of sale, and the 
balance on confirmation of sale. 

THOS. H. ATHERTON, 
11-13 Trustee. 



IN THE ORPHANS' COURT OF LUZERNE 
county. In Re Estate of S. S. Coon, late of the 
city of Wilkcs-Barre, deceased. Now, March 14th, 
1883, rule is granted to show cause why Sylvester 
Bristol , Administrator, should not be discharged. Re- 
turnable the 31st day of March, 1883, at to A. M. 
1X-13 By thh Court. 



IN THE ORPHANS' COURT OF LUZERNE 
county. In Re Estate of Andrew Montanye, 
deceased. Now, March sih. 1883, rule is granted to 
show cause why Geo. B. Kulp, Trustee, should not be 
discharged. Returnable the 31st day of March, 1883, 
at ID o'clock A. M. 10-12 6y the Court. 



ORPHANS' COURT SALE. 
Estate of Cornelius Dougherty, dec'd. By virtue 
of an order of the Orphans* Court of Lureme county, 
the undersigned will sell at public auction, at the Arbi- 
tration room, in the Court House, at Wilkcs-Barre, on 
Friday, the 3oih of March, 1883, at 10 o'clock A. M., 
the sur&ce of all that lot of land in the borough of 
Ashley, beginning at a corner in line of Hazleton turn- 
pike and in line of a public road, thence along said 
public road about 72 feet to a corner in line of Nanti- 
coke Railroad, thence 23 4-10 feet to a comer in line 
of land of Ellen Carle, thence about 72 feet to a corner 
in line of Hazleton turnpike aforesaid, and thence 
along said Hazleton turnpike 30 feet or thereabouts to 
place of beginning, containing 1,922 4-10 square feet; 
reserving all coal and other minerals. 

Terms of Salb — One-half of the purchase money to 
be paid on day of sale, and one-half on confirmation 
of sale. 

ELLEN A. CARLE. 

E. G. BUTLER. Administratrix 

Attorney. 11-13 



PARTITION NOTICE. 
In Re Partition of the Real Estate of John 
Blanchard, late of Ross township, Luzerne county, 
Pennsylvaina, deceased. Now, March i3ih, 1883, 
inquest is awarded as prayed for ; returnable first day 
of next term, at 2 o'clock P. M. Service of notice on 
non-residents of the Slate shall be published in the 
Mountain Echo for three successive weeks, and a copy 
of each mailed to the last known residence, and in the 
Luz. Leg. Reg. for same time. By the Court. 

To John Robbins. Helena, Montana Territory ; Asa 
Robbms, New York City ; Clarence Robbins, Belle- 
font, Pa., and Maria Savage, Buck Horn, Pa., and all 
other parties interested — Von will please take notice 
that m pursuance of the above order of the Orphans' 
Court of said county, a writ ofpartition has been issued 
from said court to the Sheriflf of * Luzerne county, re- 
turnable on Monday, May 14, 1883, ^t 2 o'clock P.M., 
and that the inquest will meet for the purpose of mak- 
ing partition on Tuesday, April 10, 1883, at 12 o'clock 
M. of the same day, upon the premises, in the town- 
ship of Ross, Luzerne county. Pa., at which time and 
place you can be present, if you see proper. 

WILLIAM O'MALLEY, 

M. E. WALKER, Sheriff. 

Attorney. 11-13 

IN THE ORPHANS' COURT OF LUZERNE 
county. Rule for discharge of Executor. Now, 
March 8, 1883. on filing within petition and affidavit, 
and on motion of C. B. Gardner, attorney for petitioner, 
a rule is granted to show cause why E. C. Silvius, 
Executor, etc., shall not be discharged as prayed for. 
Ten days' notice to be given to all interested parties 
living in Luzerae county, and said notice to oe also 
inserted in the Luzeme Legal Register and Union- 
Leader for three weeks before making said application. 
Returnable March 31, 1883. io-x2 By the Court. 



LUZERNE COUNTY, ss: 
In the Court of Common Pieas of said county. 
No. 476, October term, 1882. Libel in divorce a vin- 
culo matrimonii. Libbie Jane Spencer, by her next 
friend. Ferdinand Ferrell, v. Ornn R. Spencer. To 
Orrin R. Spencer— Please take notice that the court 
has grantee! a rule on you to show cau.se why a divorce 
a vinculo matrimonii shall not be made and entered in 
favor of the libellant. service of the subpoena having 
failed on account of your absence. Returnable on 
Monday. March 10, 1883, at 10 o'clock A.M. 

T. R. MARTIN, 
lo-xi Solicitor. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 52, November term, 1882. Libel in divorce a vin- 
culo matrimonii. Mary J. Morgan, by her next friend, 
David Maxey, v. David C. Morgan. To David C. 
Morgan— Please take notice that the court has granted 
a rule on you to show cause why a divorce a vinculo 
matrimonii shall not be made and entered in favor of 
the libeilant, .service of the subpoena having failed on 
account of your absence. Returnable on Monday, 
March 26, 1083, at 10 o'clock A. M. 

GEO. H. TROUTMAN, 
10-11 Solicitor. 



LUZERNE COUNTY, .ss : 
In the Court of Common Pleas of said county. 
No. 597. October term, 1882. Libel in divorce a vin- 
culo matrimonii. Hannah Barker, by her next friend, 
William Kitching, v. Francis Barker. To Francis 
Barker— Plea.se take notice that the court has granted 
a rule on you to show cause why a divorce a vinculo 
matrimonii shall not be made ana entered in favor of 
the libellant, service of the subpoena having failed on 
account of your absence. Returnable on Monday, 
March 26,'i883, at 10 o'clock A. M. 

E. A. LYNCH, 
10-11 Solicitor. 

LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 137, November term, 1882, Libel in divorce a vin- 
culo matrimonii. Rosa A. Dieffenbacher, by her next 
friend, Adam Lawn, v Daniel F. Dieffenbacher. To 
Daniel F. Dieffenbacher— Please take notice that the 
court has granted a rule on you to show cause why a 
divorce a vinculo matrimonii shall not be made and 
entered in favor of the libellant, service of the subpoena 
having failed on account of your absence. Returnable 
on Monday, March 26, 1883, at 10 o'clock A. M. 
T. R. MARTIN. 
11-12 Solicitor. 



LUZERNE COUNTY ss : 
In Re Assignment of J. A. Wood for the benefit 
of creditors. Notice Is hereby given that Charles A. 
Jones, Assignee, has exhibited and filed a final account 
as such Assignee, which account will be confirmed and 
allowed on the 31st day of March, 1883, unless cause i» 
shown to the contrary. 

JAMES M. NORRIS, 
lo-ia * Prothonotary. 



59 



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IN THE COURT OF COMMON PLEAS OF, 
Luzerne county. In Re '^ctiiion of Magdalena 
Brehm to be declared a feme sole trader under the Act' 
of Assembly, approved May 4, 1855, Now, March 12, | 
1883, on filing the within petition, the court being sat-i 
isfied of the justice and propriety of the application, 
direct notice thereof to be given in the Luzerne Legal 
Register for four successive weeks, and fix Monday,} 
the i6th day of April, 1883, as the time for granting' 
the within prayer of petitioner, and of making decree | 
as prayed for. By the Court, i 

MICHAEL CANNON, j 

11-14 Solicitor. 

CHARLES A. REED, ^ 

a member of the Bar of the Supreme Court of 
New Jersey, will apply for admission on March 26ih, 
1883, to practice as an attorney m the several courts 
of the county of Luzerne. 10-12 

AUDITOR'S NOTICE. 
Estate of Elias Hoyt, dec'd. The undersigned,' 
an Auditor, appointed to report upon the exceptions to 
the account of Executor, will attend to the duties of 
his appointment, at his office, in the city of Wilkes- 
Barre, on Saturday, March 24th, 1883. at 10 A. M. 

G. R. BEDFORD. 
8- 1 1 Auaitor. I 



McLEAN A JACKSON, 

Attorneys at Law, 

Wilkes- Bark E, Pa. 

CHAS. D. FOSTER, 

Attorney at Law, 

Wilkbs-Barhe, Pa. 



W. S. PARSONS, 

Alderman, 

Makkkt Strkkt, Wilkes-Bakre, Pa. 

CALVIN WADHAMS, 
Attorney at Law and Notary Pubi,ic. 

Wilkbs-Bakrb, Pa. 



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The Luzerne Legal Register. 



Vol. XII. Friday, March 23, 1883. No. 12. 



(!Drpl)an0* (JEourt of Cu^emt Cotmtg. 
Hoyt's Estate. 

I. No Orphans' Court will approve an investment in the stocks of any public or private corporation, 
except those authorized by some act of Assembly ; and in this case the court refused to approve 
an investment by guardian in the first mortgage bonds of a railroad company, located in the 
Stat»of New York. 

a. In approving an investment, the courts consider that absolute safety of the principal is of more 
consequence than great expectations of interest. 

3. Since the act of Assembly of May 8, 1876. extending the list of approved securities to " all bonds 

or certificates of debt now or hereafter to be created, and issued according to law, by any of the 
counties, cities, school districts, or municipal corporations of this Commonwealth," it would be 
safe to say that no court should authorize an investment outside of those recommended by the 
Legislature. 

4. It is considered that no court should authorize an investment where its collection can only be 

enforced by resort to the couru of another state or country. 

Application for authority to invest trust funds. 

The opinion of the court was dehvered February 24, 1883, by 

Rhone, P. J. — In this proceeding we are asked by a guardian 
to authorize an investment in the first mortgage bonds of a rail- 
road company, a corporation of the State of New York, the road 
being also located in that State. The securities are at a premium 
of nine and one-quarter cents, and bear six per cent interest. 

This court never approves an investment in the stocks of any 
public or private corporation, except in cases to prevent an 
extreme hardship on trustees, who have been induced, under 
peculiar circumstances, to make such investment. Worrell's 
Appeal. 9 Barr, 508; Prag*s Appeal, 10 Casey, 100; Ihmsen's 
Appeal, 7 Wright, 431; Twaddle's Appeal, 5 Barr, 15; Nyce's 
Estate, 5 W. & S. 254. The reasons for this rule of law are 
many and obvious, and may be found so clearly set forth by the 



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74 HoYT^s Estate. 



judges of the superior court in the cases cited that it would be 
idle for us to attempt to add anything thereto or to take anything 
therefrom. 

Nor can we see any very material difference in principle be- 
tween the mortgages of a railroad company and its stock. The 
difference, if any, is only in degree of security, for both are based 
almost entirely on commercial chances, for a railroad without 
traffic is of small value. It seems certain that any securities of a 
private corporation, at least such as a railroad company, must be 
set down as of a speculative or chance character, and hence such 
as no trustee should invest in. 

Since the act of Assembly of May 8, 1876, extending the list 
of approved securities to "all bonds or certificates of debt now 
or hereafter to be created, and issued according to law, by any 
of the counties, cities, school districts, or municipal corporations 
of this Commonwealth," it would be safe to say that no court 
should authorize an investment outside of those recommended 
by the Legislative. Again, it is considered that no court should 
authorize an investment where its collection can only be enforced 
by resort to the courts of another state or country. Rush's 
Estate, 2 Jones, 375 ; Pownell's Estate, T Lan. Bar, April 22, 1 871. 

There is nothing about this corporation to recommend it above 
any other which at present pays a dividend, and we cannot open 
the door for any such class of investments, as there are no such 
securities which cannot find persons who think them desirable. 
Absolute security for the principal can be found only in the bonds 
of the United States, or of States or other municip>al corpora- 
tions, or in those based on real estate in the hands of the indi- 
vidual owners thereof; and safety is of more consequence than 
great expectations of interest. Trustees should never take any 
•chances of losing the principal. 

On the whole, we cannot authorize this investment, nor any 
other like it, and the proceeding is dismissed at the costs of the 
estate, so far as it relates to the investment in the railroad secur- 
ities. We do, however, approve the investment in government 
bonds at three per cent, as prayed for by the petitioner in the 
alternative of our refusal to approve the other. 

Messrs. Dickson & Atherton, for guardian. . 



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Giblin's Estate. 75 

(B)rpl)ans* (Eourt of Cujfrne (lountg. 



Giblin's Estate. 

1. The real estate of an intestate descends to his heirs at the instant of his death, and remains there 

until s*ld by order of the court ; and whether the estate be solvent or insolvent, the heirs have 
the same right to draw the rents that he would have had if living. 

2. The heirs may authorize the administrator to collect the rents and apply them on the debts of the 

decedent, yet such payment will not enure to the benefit of any creditor not paid, unless it be 
deariy proven that the payment was to be a pure gift to all the creditors, or that those who are 
not so paid had suflTerecT some loss by the arrangement. 

3. No administrator is liable for any asseu, except those within the Commonwealth at the time of 

the decedent's death, unless he has actually received them from some other state or country. 

Exceptions to account of administrator. 

The opinion of the court was delivered February 24, 1883, by 

Rhone, P. J. — ^The exceptant is Farnham, assignee of Briggs 
it al,, and he claims to be a creditor entitled to a portion of the 
fund. His claim is based on a judgment entered on the verdict 
of a jury in the Common Pleas of this county, to No. 492, April 
term, 1873. wherein Leonard, this administrator, was sole defend- 
ant. The heirs of the decedent are now contesting Farnham's 
judgment on original grounds, which they have a right to do, 
provided his claim reaches the real estate fund. Murphy's 
Appeal, 8 W. & S. 165 ; Atherton v. Atherton, 2 Barr, 112; Steele 
V. Lineberger, 9 Smith, 308. 

It will be seen that the fund now in court for distribution con- 
sists of both real and personal assets in nearly equal proportions, 
and that both funds are insolvent. 

This being the case, Farnham is a creditor as to the personal 
estate, as a judgment in the Common Pleas is conclusive on us 
in the distribution of such fund. See authorities cited. 

It will be seen, too, by reference to the distribution herewith 
made and filed, that Farnham has no lien on the real estate fund, 
the same being taken up by preferred liens of record, and this 
being the case, we need not decide whether the judgment is well 
founded or not. 

The first exception is not sustained, as the real estate of an 
intestate descends to his heirs at the instant of his death, and 



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76 Gibun's Estate. 



remains there until sold by order of the court; and whether the 
estate be solvent or insolvent, the heirs have the same right to 
draw the rents that he would have had if living. Haslage v, 
Krugh, I Casey, 97. Admitting that the heirs may authorize the 
administrator to collect the rents and apply them on the debts, 
yet such payment will not enure to the benefit of any creditor not 
paid, unless it be clearly proven that the payment was to be a 
pure gift to all the creditors, or that those who are not so paid 
had suffered some loss by the arrangement. There is no such 
proof in this case. On the contrary, the arrangement seems 
simply to have been an attempt to pay off the debts and save the 
real estate to the heirs; and as this has been a failure, they have 
a right to subrogation. Williamson's Appeal, 13 Norris, 231^ 
and cases there cited. 

The second exception is not sustained, as no administrator is 
liable for any assets, except those within the Commonwealth at 
the time of the decedent's death, unless he has actually received 
them from some other state or country. Mothland 7^ Wiseman, 
3 P. & W. 185; Freeman's Appeal. 18 Smith, 151. 

The exceptions numbered 4, 5, 7, and 8 are now dismissed, as 
they were virtually disposed of on the decree confirming the 
auditor's report distributing the purchase money. 

Exceptions six and nine arc disposed of with the third, and 
raise the questions: 1st. What claims should be allowed the 
adniinistrator as credits? 2d. Which should be allowed as pre- 
ferred claims on each fund? 

While the costs, counsel fees, and expenses seem enormous, 
yet we must conclude, from the result of the various contests in 
the Common Pleas, that there has been a very determined 
attempt by some New York parties to plunder this estate, and 
that the administrator has succeeded in defeating all of them. 
The amount saved to the estate far exceeds the sum of all the 
costs and expenses involved therein. All this class of claims is 
allowed as charged. We cannot allow any more counsel fees, 
but refuse to disallow those already paid. If counsel are entitled 
to any more fees, they must look to the administrator personally. 
We think that, under all the circumstances, the estate has been 
managed with skill and prudence, and with a singleness of pur- 
pose to benefit the estate, and so we allow the charges for services 
as made. 

As we state the amount and character of the preferred claims ia 
the distribution which follows, it is unnecessary to state them here. 

All the exceptions are dismissed at the costs of the estate, and 
the claim of Farnham is allowed as proved on the judgment cer- 
tified from the Common Pleas, with interest and costs. 



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IN THE COURT OF COMMON PLEAS OF 
Luzeme county. In Re Petition of Magdalcna 
Brehm to be declared a feme sole trader under the Act 
of Assembly, approved May 4,1855. Now, March la, 
1S83, on filing the within petition, the court being sat- 
isfied of the justice and propriety of the application., 
direct notice thereof to be given in the Luzeme Legal', 
Register for four successive weeks, and fix Monday, 
the i6th day of April, 1883, as the time for granting 
the within prayer of petitioner, and of making decree 
as prayed lor. By the Court. 

MICHAEL CANNON. 
11-14 Solicitor. 

CHARLES A RLED, 
a member of the Bar of the Supreme Court of 
New Jersey, will apply for admission on March 26th, 
1887, to practice as an attorney in the several courts 
of the county of Lur.emc. 10-12 



ORPHANS' COURT SALE. 
Estate of Ann Middleton, deceased. By virtue 
of an order of the Orphans' Court of Luzeme county, 
the undersigned will sell at public auction, at the Arbi- 
tration room, in the Court House, at Wilkes-Banre, on 
Saturday, the 31st of March, 1883, at 'o o'clock A. M., 
the following piece of land in the township of Plains, 
beginning on the back road at a comer of land of Mrs. 
Ann Courtright, thence along said land ai8 feet to a 
corner of land of John Mitchell, thence 50 feet to a 
comer, thence 218 feet to the back road aforesaid, 
thence along same 50 feet to the place of beginning ; 
rxcepting and reser\ing the coal and other minerals ; 
improved, with a iwo-siory frame house, 16x26 feet, 
and outbuildings thereon. 

Terms op Sale— $300 down on day of sale, and the 
balance on confirmation of sale. 

THOS. H. ATHERTON, 
11-13 Trustee. 

ORPHANS' COURT SALE. 
Estate of Cornelius Dougherty, dec'd. By virtue 
of an order of the Orphans* Court of Luzeme county, 
the undersigned will sell at public auction, at the Arbi- 
iralion room, in the Court House, at Wilkes- Barrc, on 
Friday, the 30th of March, 1883, at 10 o'clock A.M.. 
the surface of all that lot of land in the borough of 
Ashley, beginning at a comer in line of Hazleton turn- 
pike and in line of a public road, thence along said 
public road about 72 feet to a comer in line of Nanti- 
coke Railroad, thence 23 4-10 feet to a comer in line 
of land of Ellen Carle, thence about 7a feet to a corner 
in line of Hazleton turnpike aforesaid, and thence 
along said Hazleton turnpike 30 feet or thereabouts to 
pbce of beginning, containing 1,922 4>io square feet; 
reserving aH coal and other minerals. 

Terms op Salb — One-half of the purchase money to 
be paid on day of sale, and one-half on confirmation 
ofsiale. 

ELLEN A. CARLE, 

E. G. BUTLER, Administratrix. 

Attorney. 11-13 

ORPHANS' COURT SALE. 
Estate of John Henry, deceased. By virtue 
of an order of the Orphans' Court of Luzeme county, ' 
the undersigned will sell at public sale, on the premises,! 
in the township of Nescopeck, on Friday, April 20th,' 
1883, at » o'clock P. M., all that piece of land in Nes-i 
copeck township, bounded on the north by land of 
Andrew Keen, on the south by land of Amanda Smith ' 
on the west by land of John Smith, on the east by land' 
of Mortimer Briggs, containing 8 acres, more or less ; | 
00 which arc erected a frame house, bam, and out- 
buildings. 

Tkrms of Saui— 25 per cent down, 25 per cent of , 
balance on confirmation of sale and delivery of deed, 1 
and the balance, with interest from confirmation, in 
one year from confirmation ; deferred payments to be 
secured by bond and mortgage on the premises. 
C. B. JACKSON, 
»-Z4 Administrator. 



ORPHANS' COURT SALE. 
Estate of Edward Ide, dec'd. By virtue of ait 
order of the Orphans' Court of Lnzerne county, the 
undersigned will sell at public auction, at the Arbitra- 
tion room, in the Court Hou^, at Wilkes-Barrc, on 
Saturday, April 21, 1887, at 10 o'clock A. M , the two 
following pieces of land, viz. : 

1. Being purpart No. 1 in the township of Lehman, 
beginiiing at a slake in Lake road, and running thence 
by lands of S. P. Ide 217 perches to the line of the 
J as. Withy tract, thence along the said line 64 perchcs- 
to a white oak, thence 30 perches to a black oak in the 
line of certified Bedford, thence along said line 129 
perches to a comer, thence 55 perches to a stake, 
thenc 107 4-10 perches to the aforesaid road, and thence 
along the same 23 perches to the place of^ beginning, 
containing 82 acres and 2 perches, more or less ; about 
8 acres improved, balance being timber and woodland. 

2. All that other piece of land in the township of^ 
Lehman, commencing at a corner of land of A. H. 
Ketcham in line of certified Bedford township, thence 
55 perches to a comer, thence 75 perches to a corner, 
thence 55 perches to a corner, and thence 75 perches 
to the place of beginning, and containing 25 acres and 
125 perches, more or less ; all improved. 

Terms of Sale — Onc-ihird aown on day of sale, 
and balance on confirmation of sale and delivery of deed. 
S. P. IDE, 
E. S. OSBORNE, Administrator. 

Attorney. 12-14 

PARTITION NOTICE. 
In Re Partition of the Real Estate of John 
Hlanchard, late of Ross township, Luzerne county, 
Pennsylvaina, deceased. Now, March 13th, 1883, 
inquest is awarded as prayed for ; returnable first day 
of next term, at 2 o'clock P. M. Service of notice on 
non-residonts of the State shall be published in the 
Mountain Echo for three successive weeks, and a copy 
of each mailed to the last known residence, and in ine 
Luz. Lee. Reg. for same time. By the 1. oukt 

To John Robbins. Helena, Montana Territory ; Ada 
Robbins, New York City ; Clarence Robbins, Belle- 
font, Pa., and Maria Savage, Buck Horn, Pa., and all 
other parties interested — You will please take notice 
that in pursuance of the above order of the Orphan?' 
Court of said county, a writ ofpartition has been issued 
from said court to ihe Sheriff of Luzeme county, re- 
turnable on Monday, May 14, 1883. at a o'clock P.M., 
and that the inquest will meet for the purpose of mak- 
ing partition on Tuesday, April 10, 1883, at 12 o'clock 
M. of the same day, upon the premises, in the town- 
ship of Ross, Luzeme county. Pa., at which time and 
place you can be present, if you see proper. 

WILLIAM O'MALLEY, 

M. E. WALKER, Sheriff. 

Attorney. 11-13 

IN THE ORPHANS' COURT OF LUZERNE 
county. Rule for discharge of Executor. Now, 
March 8, 1883, on filing within petition and affidavit, 
and on motion of C. B. Gardner, attorney for petitioner,, 
a rule is granted to show cause why E. C. Siivius, 
Executor, ctc.j shall not be discharged as prayed for. 
Ten days' nouce to be given to all interested parties 
living in Luzeme county, and said notice to be also 
inserted in the Luzeme Legal Register and Union- 
Leader for three weeks before making said application. 
Retumablc March 31, 1883. 10-12 By the Court. 

IN THE ORPHANS' COURT OF LUZERNE 
county. In Re Estate of S. S. Coon, late of the 
city of Wilkes-Barrc, deceased. Now, March 14th, 
1883, ruJc is granted to show cause why Sylvester 
Bristol, Administrator, should not be discharged. Re- 
turnable the 31st day of March, 18B3, at 10 A. M. 
"1-13 By the Court. 



N THE ORPHANS' COURT OF LUZERNE 
± county. In Re Estate of Andrew Montanye, 
deceased. Now, March ^th, 1883, rule is granted to 
show cause why Geo. B. Kulp, Tmstee, should not be 
discharged. Returnable the 31st day of March, 1883,. 
at u> o'clock A. M. xo-12 Bv the Court. 

61 



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Google 



Nottcf: is hereby given that aN' 
application will he made to one of the Judges! 
of the Court of Common Pleas of Luzeme county,' 
under the provisions of the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula- 
tion of certain corporations," approved April 20, 1874, 
and the supplements thereto, on Monday. April 16th, 
1883, at 10 o'clock A.M., for the charter of an intended 
corporation, to be called "The Welsh Presbyterian 
Church," of Ashley, the character and objects of which 
are to purchase lands and erect buildings for the sup- 
port of public worship, 

W. H. HINES, 
11-13 Solicitor. 



N 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act fur the incorporation and regula- 
tion of banks of discount and deposit," approved May 
13, 1876, and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the " Nanticoke Bank," and to be located in the bor- 
ough of Nanticoke, Luzerne county. Pa., the character 
and objects of which are the carrying on the general 
business of banking as a bank of deposit and discount.; 

W. H. HINES, 
11-13 Solicitor. 



OTICE IS HEREBY GIVEN THAT AK 
application for a license to peddle on fool has 
been filed in the office of the Clerk of the Court ol 
Quarter Sessions of Luzerne county by M. Silverman, 
and that said license will be asked for in the court 
aforesaid, on Monday, April 16, 1883, at 10 A. M. 

■5r • " 



JOHN T. LENAHAN, 

Solicitor. 



N 



OTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the oflicc of the Clerk of the Court of 
Quarter Sessions of Luzerne county by L. J. Thomas, 
and that said license will be asked for in the court 
aforesaid, on Monday, April 16. 1883, at 10 A. M. 

WM. S. McLEAN. 
11-12 * Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of Judges of the 
Court of Common Picas of Luzerne county, under the 
provisions of the Act of Assembly, entitled "An Act to 
provide for the incorporation and regulation of certain 
corporations," approved April 29th, 1874. and the sup- 
plements thereto, on Monday, April i6lh, 188^, for the 
incorporation of an intended corporation, t<3 be called 
"The Saint Kazimicrza Society," of Plymouh, Pa., 
of which are benevolence 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzeme county by- 
Louis Dunie. and that said license will be asked for in 
the court afore.said, on Monday, the i6th day of April, 
1883, at 10 o'clock A.M. 

S. J. STR.AUSS. 
11-12 Solicitor. 



C. MAGEE, 
Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by- 
Leon Hufford. and that said license will be asked for 
in the court aforesaid on Monday, the 16th of April, 
1883. at 10 o'clock A. M. 

BENNET & NICHOLS. 
12-13 Solicitors. 



the character and objects 

and charity. 

^ .. vj OTICE IS HEREBY GIVEN THAT AN 

iN application for a license to peddle on foot ha» 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Henry Good- 

NOTICE IS HEREBY GIV^EN THAT AN man, and that said license will be asked for in the 
application will be made to one of the Judges, court aforesaid on Monday, the 16th day of April. 1883. 
of the Court of Common Pleas of Luzerne county, un-!»t 10 o clock A. M. ctd attcc* 

der the provisions of the Act of Assembly, entitled . S. J. STRAUSS,^ 

"An Act to provide for the incorporation and regula- 12-13 Solicitor. 

tion of certain corporation," approved April 29, 1874,1 _ ^ _ - _ 

and the supplements thereto, on Monday, March 26, _ t/\ti/'c le uc-dcrv r-ivpv that a xt 
1883. at 10 o'clock A M.,for the charier of an intendetl TsJ^T^i^nl^.-.^n Sff ir.^LVn^^irllAi.h Ik^ 
cor^ration, to be called "'ihe Pittston Cornet Bank," I ^^ application for a liccase to peddle with a ^^ 

.k ^.v,..- »1- ^^A „k:-...o ^r,..u:^u ^ .1,^ ...->.,»..— «^^ and wagon has been filed in the office of the Clerk of 

the character and objects of which are the practice and' . /^ *. r /» . c.^^:^„, ^r 1 . ,«.„« -«...„►,. u . 
^^^^.'.^^ ^r ^..^'.^ the Court of Quarter Sessions of Luzerne county by 

promotion 01 music. MnciPP iMycr Finklcstein, and that said license will be asked 

,_„ '' • ^' c„ft':»«,. I for in the court aforesaid on Monday, the 16th day of 

'^" Solicitor. 1^ , ^^ ^^ ^,^^^^^ ^ y^ 

1 JOHN T. LENAHAN, 

LUZERNE COUNTY, ss: "'^ !!^^^ 

In the Court of Common Pleas of said county. 
No. 137, November term, 1882. Libel in divorce a vin- i^-i-qTICE IS HEREBY GIVEN THAT AN 
culo matrimonii. Rosa A. DiefTenbacher, by her next j>| application for a license to peddle with a horse 
friend, Adam Lawn, v Daniel F. DiefTenbacher. To and wagon has been filed in the office of the Clerk of 
Daniel F. Dieffenbacher— Please take notice that the the Court of Quarter Sessions of Luzeme county by 
court has granted a rule on you to show cause why a Wolf Rockman, and that said license will be asked for 
divorce a vinculo matrimonii shall not be made andlip the court aforesaid on Monday, the i6th of April, 
entered in favor of the libellant, service of the subpoena 1883, at 10 o'clock A. M. 
having failed on account of your absence. Returnable! ' JOHN T. LENAHAN, 



on Monday, March 26, 1883, at 10 o'clock A. M. 
T. R. MARTIN, 
ti-12 Solicitor. 



Solicitor. 



T UZERNE COUNTY, ss: 



ESTATE OF DANIEL JONES. LATE OF THE 
borough of West Pittston, deceased. 



,„ www -, ..... I Letters of administration uuon the above named 

Lj In Re Assignment of J. A. Wood for the benefit estate having been granted to the undersigned, all pcr- 

of creditors. Notice Is hereby given that Charles A. sons having claims against the same will present them 

Jones.Assi^nee, has exhibited and filed a final account for payment, and those indebted thereto will please 

as such Assignee, which account will be confirmed and make immediate payment to 

allowed on the 31st day of March, 1883, unless cause is JACOB KERN, 

shown to the contrary i JOHN W. NIMMO, 

JAMES M. NORRIS, GEO. S. FERRIS, Adm'rs c. t. a. d. b. n. 

10-12 Prothonotary. , Attorney. 11-16 

62 



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ESTATE OF THOMAS W. JONES, LATE OF 
Hanover township, deceased. 
Letters of administration upon the above named 
csute having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

REESE J. JONES, 
JANE JONES, 
G. H. R. PLUMB, Administrators. 

Attorney. 10-15 



ESTATE OF JASPER B. STARK, LATE OF 
Wilkes-Barrc, deceased. 
Letters of administration upon the above named 
csute having been granted 10 the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

FRANCIS R. STARK, 
E. P. & J V. DARLING, Administratrix. 

Attorneys. 9-14 



ESTATE OF MARY E. MACCARTNEY, LATE 
of Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same win present 
them for payment, and those indebted thereto will 
please make immediate payment to 

C. B. JACKSON, 
n-x6 Administrator c. t. a. d. b. n. 



ESTATE OF JAMES DOLAN, LATE OF THE 
township ot Plains, deceased. 
Letters testamentary upon the above named 
estate having been granted to the undersigned, all per- 
soin having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

PHILIP McANIFF. 
M. CANNON, Executor. 

Attorney. 10-15 



ESTATE OF WILLIAM MINNICH, LATE OF 
Sugarloaf township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

ANN ELIZA MINNICH, 
10-15 Executrix. 

ESTATE OF JOSEPH SCHAPPERT, LATE 
of Nanticoke, deceased. 
Letters testamentary upon the above named estate 
having been granted to the unaersigncd, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

MARY ANN SCHAPPERT, 
JACOB SCHAPPERT, 
8-13 Executors. 



ESTATE OF EDGAR GREEN, LATE OF THE 
township of Franklin, deceased. 
Letters testamentary upon the above named 
csute having been grantSd to the imdersigned, all pet- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ISAAC SUTTON, 
PALMER, DEWITT & FULLER, Executor. 
10-15 Attorney. 



ESTATE OF ANN MIDDLETON, LATE OF 
Plains township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
immediate payment to 

STEPHEN HEALEY, 
RICHARD BURKE, 
COONS & SHORTZ, Executors 

Attorneys. 9-14 



ESTATE OF MICHAEL STEIN, LATE OF 
Dorrance township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

GEO. H. HINKLEMAN, 
7-12 Executor, 



ESTATE of;ohn m. stackhouse, late 
of Shickshinny, deceased. 
I.^ten of admimstration upon the above named 
esute having been granted to the undersigned, all 
persons having claims against the same will present 
thira for payment, and those indebted thereto will 
pisase make immediate payment to 

JAMES POST, 
I. P. HAND, Administrator. 

Attorney. 9-15 



ESTATE OF JULIA McNULTY, LATE OF 
Wilkes-Barre township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having cbims against the same will present them 
tor payment, and those indebted thereto will please 
make immediate payment to 

ALICE McNULTY, 
E. P. & J. V. DARLING, Administratrix. 

Attorneys. 8-13 



ESTATE OF ELIZA BOWERS, LATE OF 
Wyoming, Kingston township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

WILLIAM HANCOCK, . 
8-14 Executor. 

ESTATE OF JOHN MANGAN, LATE OF 
Pittston township, deceased. 
Letters of administration upo« the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

THOMAS MANGAN, 
F. C. MOSIER, Administrator. 

Attorney. 9-14 



ESTATE OF W. S. HILLARD. LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to tne undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RUTH B. HILLARD, 
E. G. BUTLER, Executrix. 

Attorney. 8-13 



ESTATE OF JOHN ORR, LATE OF FOSTER 
township, deceased. 
Letters testamentary upon the above nateed estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those Indebted thereto will please make 
immediate payment to 

ELIZABETH A. POLLOCK, 
9-14 Executrix. 



63 



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ESTATE OF MAKY E. PETERS, LATE OF T7STATE OF JOHN HENRY, LATE OF THE 
Hollenback township, deceased. ±L township ofNcscopcck, deceased. 

Letters of administration upon the above named Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- estate having been granted to the undersigned, all per- 
sons having claims against the same will present them sons having claims against the same will present them 
for payment, and those indebted thereto will please for payment, and those indebted thereto will please 
make immediate payment to make immediate payment to 

DANIEL BLOSS, C. B. JACKSON, 
J. T, LENAHAN, Administrator. 11-16 Administrator. 
Attorney. «a-»7i — _ - 

PSTATE OF REBECCA PETERS, LATE OFJO^I."fe^f Co^r^eVi^'^D^^g^^^^ Byvirtue 

J-* Hollenback township, dccca.sed J^f ^n order of the Orphans' Court of Luzerne county. 

Letters of adm.nistration upon the above named the undersigned will sell at public auction, at the Arbi- 

esute having been granted to the undersigned, all per-|trai.un room, in the Court House, at Wilkes-Barre, on 

sons having claim, against die same will present them 1 Friday, the 30th of March, 1883, at 10 o'clock A. k., 

for payment, and those indebted thereto will please the surface of all that lot of bnd in the borough of 

make immediate payment ««» I Ashley, beginning at a comer in line of HajJeton turn- 

T T* r <E>xT A TT . -k.r UAIMiLL BLObS. ipike and in line of a public road, thence along said 

J. T. LENAHAN, Administrator. IpubUc road about 72 feet to a comer in line of Nami- 

. _ At torne y. 12-17 coke Railroad, thence 23 4-10 feet to a comer in line 



ESTATE OF JOSEPH STACKHOUSE, LATE 
of Shickshinny, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

JOHN W. CHAPIN, 
L P. HAND, Executor. 

Attorney. 9.14 

ESTATE OF JULIA ROBERTS. LATE OF 
Hughestown, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will pli 
make immediate payment to 

ALFRED P. HOUSE, 
FRANCIS H. CHIVERS, 
F. C MOSIF.R. Administrators. 

Attorney. 12-17 

ESTATE OF DANIEL JONES, LATE OF THE 
borough of NVcst Pitiston, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undesigned, all per- 
.sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JACOB KERN, 
JOHN W. NIMMO. 
GEO. S. FERRIS, Adm'rs c. t. a. d. b. n. 

Attorney. 11-16 

ESTATE OF lOSEPH WHIPP, LATE OF 
Exeter township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

WM. H. WHIPP, 
HANNAH WHIPP, 
PALMER, DEWITT & FULLER, Executors. 
13-' 8 Attorneys. 



of land of Ellen Carle, thence about 72 feet to a comer 
in line of Hazleton turnpike aforesaid, and thence 
along said Hazleton tumpike 30 feet or thereabouts to 
place of beginning, containing 1,922 4-10 square feet; 
reserving all coal and other minerals. 

Tbkms of Sale — One-half of the purchase money to 
be paid on day of sale, and one-half on confirmation 
of sale. 

ELLEN A. CARLE, 

E. G. BUTLER, Administratrix. 

Attorney. . 11-13 

ORPHANS' COURT SALE. 
Estate of John Henn', deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public sale, on the premises, 
in the township of Nescopeck, on Friday, April 20th, 
1883, at 1 o'clock P. M., all that piece of land in Nes- 
copeck township, bounded on the north by land of 
Andrew Keen, on the south by land ot Amanda Smith, 
on the west by land of John Smith, on the east by land 
of Mortimer Briggs, containing 80 acres, more or less ; 
on which are erected a frame house, oam, and out- 
buildings. 

Terms op Sale— 25 per cent down, 25 per cent of 
balance on confirmation of sale and delivery of deed, 
and the balance, with interest from confirmation, in 
one year from confirmation ,• deferred payments to be 
secured by bond and mortgage on the premises. 
C. B. JACKSON. 
12-14 Administrator. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 23, January term, 1883. Libel in divorce a vin- 
culo matrimonii. Emma Stevens, by her next friend, 
John Pag^ley, v. Alexander A. Stevens. The alias 
subpoena in tne above case having been returned non 
est inventus, you, the said Alexander A. Stevens, are 
hereby notified to appear at said court, on Monday, 
the X4th day of May, 1883, at 10 o'clock A. M., to 
answer the complaint therein filed. 

WILLIAM O'MALLEY, 
D. M. JONES, Sheriff. 

Solicitor. 13.16 

70 



ORPHANS* COURT SALE. 
Estate of Edward Ide, dcc'd. By virtue of an 
order of the Orphans' Court of L'lzeme county, the 
undersigned will sell at public auction, at the Arbitra- 
tion room, in the Court Hoase, at Wilkes- Barre, on 
Saturday, April 21, 188^, at 10 o'clock A. M.^ the two 
following pieces of land, viz. : 

1. Being purptart No. i in the township of Lehman, 
beginning at a stake in Lake road, and mnning thence 
by lands of S. P. Ide 217 perches to the line of the 
Jas. Withy tract, thence along the said line 64 perches 
to a white oak, thence 30 perches to a black oak in the 
line of certified Bedford, thence alons said line 129 
perches to a comer, thence 55 perches to a suke. 
thenc 107 4-10 perches to the aforesaid road, and thence 
along the same 23 perches to the place of beginning, 
containing 8a acres and 2 perches, more or less ; about 
8 acres improved, balance being timber and woodland. 

2. All tnat other piece of land in the township of 
Lehman, commencing at a comer of bnd of A. H. 
Ketcham in line of certified Bedford township, thence 
55 perches to a comer, thence 75 perches to a comer, 
thence 55 perches 10 a comer, ana thence 75 perches 
to the place of beginning, and containing 25 acres and 
125 perches, more or less ; all improved. 

Terms op Sale— One-third oown on day of sale, 
and balance on confirmation of sale and delivery of deed. 
S. P. IDE, 
E. S. OSBORNE, Administrator. 

Attorney. 12-14 



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ORPHANS' COURT SALE. 
Estate of Ann Middleton, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public auction, at the Arbi- 
tration room, in the Court House, at Wilkes-Barre. on 
Saturday, the 31SI of March, i8S3,at 10 o'clock A. M., 
the following piece of land in the township of Plains, 
beginning on the back road at a comer of land of Mrs. 
Ann Courtright, thence along said land ai8 feet to a 
comer of land of John Mitchell, thence 50 feet to a 
comer, thence 218 feet to the back road aforesaid, 
thence along same 50 feet to the place of beginning ; 
excepting and reserving the coal and other minerals ; 
improved, with a two-siory frame house, 16x26 feet, 
and outbuildings thereon. 

Terms op Salb— $300 down on day of sale, and the 
balance on confirmation of sale. 

THOS. H. ATHERTON, 
11-13 Trustee. 

PARTITION NOTICE. 
In Re Partition of the Real Estate of John 
Blanchard, late of Ross township, Luzerne county, 
Pennsylvaina, deceased. Now, March i3ih, 1863, 
inquest is awarded as prayed for ; returnable first day 
of next term, at a o'clock P. M. Service ol notice on 
non-residents of the Stale shall be published in the 
Mountain Echo for three successive weeks, and a copy 
of each mailed to the last known residence, and in the 
Luz. Leg. Reg. for same lime. By the i.'ouRT. 

To John Robbins, Helena, Montana Territory ; Ada 
Robbins, New York City ; Clarence Robbins, Belle- 
font, Pa., and Maria Savage, Buck Horn, Pa., and all 
other parties interested — \ ou will please take notice 
that in pursuance of the above order of the Orphans' 
Court of said county, a writ ofpartitijn has been issued 
from said court to the Sheriff of Luzerne county, re- 
turnable on Monday, May 14, 1883. ai 2 o'clock P.M., 
and that the inquest will meet for the purpose of mak- 
ing partition on Tuesday, April 10, 1883, at 12 o'clock 
M. of the .same day, upon the premises, in the town- 
ship of Rofts, Luxeme county. Pa., at which time and 
place you can be present, if you see proper. 

WILLIAM O'MALLEY. 

M. E. WALKER, Sheriff. 

Attorney. 11-13 

IN THE ORPHANS' COURT OF LUZERNE 
county. In Re Estate of S. S. Coon, late of the 
diy of Wilkes-Barre, deceased. Now, March i4ih, 
1BB3, lu'c is granted to show cau.se why Sylvester 
Bristol, Administrator, should not be discharged. Re 
tumable the 31st day of March, t88;, at 10 A. M. 
11-13 By the Court. 

IN THE COURT OF COMMON PLEAS OF 
Luzerne couniy. In Re "ctiiion of Magdalena 
Brehm to be declared a feme sole trader under the Act 
of Assembly, approved May 4, 1855. Now, March 12, 
1883, on filing the within petition, the court being sat- 
isfied of the justice and propriety of the application, 
direct notice thereof to be given in the Luzerne Legal 
Roister for four successive weeks, and fix Monday, 
the i6th day of April, 1883, as the time for granting 
the within prayer of petitioner, and of making decree 
as prayed for. By the Court. 

MICHAEL CANNON, 
11-14 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of the Judges 
of the Court of Common Pleas of Luzerne county, 
under the provisions of the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula- 
tion of certain corporations," approved April 2^, 1874, 
and the supplements thereto, on Monday, April i6th, 
1883, at 100 clock A.M., for the charter of an intended 
corporation, to be called "The Welsh Presbyterian 
Church," of Ashley, the character and objects of which 
are to purcluutc lands and erect buildings for the sup- 
port of public worship. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act fur the Incorporation and regula- 
tion of banks of discount and deposit," approved May 



13, 1876, and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the " Nanticoke Bank," and to be located in the bor- 



ough of Nanticoke, Luzerne county, Pa., the character 
and objects of which arc the carrying on the general 
business of banking as a bank of deposit and discount. 

W. H. HINES, 
11-13 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of Judges of the 
Court of Common Pleas of Luzerne county, under the 
provisions of the Act of Assembly, entitled "An Act to 
provide for the incorporation and regulation of certain 
.corporations," approved April 29ih, 1874, and the sup- 
iplements thereto, on Monday, April i6th, 1883, for the 
; incorporation of an intended corporation, to be called 
["The Saint Kazimierza Society," of Plymouh, Pa., 
'the character and objects of which arc benevolence 
and charity. 

H. C. MAGEE, 
11-13 Solicitor. 

J ALTON DAVIS, 
• a member of the Bar of Lackawanna county, 
will apply for admission on April 16, 1883. to prac- 
tice as an attorney in the .several courts of the county 
of Luzerne. 13-15 



11-X3 



W. H. HINES, 

Solicitor. 



N 



OTICE IS HEREBY GIVEN THAT AN 
application for a liceiiKC to peddle on foot has 
been filea in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by N. Finklestein, 
and that said license will be asked 'for in the court, 
aforesaid, on Monday, April 16, 1883, at 10 A. M. 

D» M. JONES. 
13-14 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Leon HufTord, and that said license will be asked for 
in the court aforesaid on Monday, the i6ih of April, 
1883. at 10 o'clock A. M. 

BENNET & NICHOLS, 
12-13 Solicitors. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Henry Good- 
man, and that said license will be asked for in the 
court aforesaid on Monday, the i6th day of April, 1883, 
at 10 o'clock A.M. 

S. J. STRAUSS, 
12-13 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application for a licease to peddle with a horse 
and wagon has been filed in the ofnce of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Myer Finklestein, and that said license will be asked 
for in the court aforesaid on Monday, the i6th day of 
April, 1883, at 10 o'clock A.M. 

JOHN T. LENAHAN, 
12-13 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the onice of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Wolf Rockman, and that said license will be asked for 
in the court aforesaid on Monday, the i6th of April, 
1883, at xo o'clock A. M. 

JOHN T. LENAHAN, 
12-13 Solicitor. 

71 



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The Luzerne Legal Register. 



Vol. XII. Friday, April 6, 1883. No. 14. 



Court of (JHuarter Sessions of Cujeme €ountg. 



Commonwealth v, Seward. 

Conttitmtion^ Uw—Poiice ^cwtr oftkt Statt^Camp meetingt-^Act qf May 8th, 1878, regulating 

trajS^c near. 

I. The act of May 8th, 1878, which, subject to certain exceptions, makes it a misdemeanor for any 
person " to erect, place, or have any booth, stall, tent, shed, carriage, boat or vessel, or any 
other place or vehicle whatever for the purpose or use of selling, giving, or otherwise disposing 
of all or any kinds of articles of traffic or merchandise (except as hereinafter excepted) within 
one mile of any camp meeting held for religious worship in this Commonwealth,'* is not uncon- 
stitutiona!. 

a. Police power of the State defined. 

3. The above act in its purpose, and in its provisions to carry out that purpose, may be &irly con- 

sidered as within the police power of the State. 

4. The purpose of the act being lawful and constitutional, a large discretion as to the means neces- 

sary to accoapUsh it must be left to the Legislature, and the courts cannot interfere with the 
exercise of that discretion, except in a very clear case, without usurping legislative functions. 

Rule why indictment should not be quashed. 

The opinion of the court was delivered January 5, 1883, by 

Rice, P. J. — This indictment is well drawn under the act of 
May 8th, 1878 (P. L. 46), which, subject to certain exceptions, 
makes it a misdemeanor for any person " to erect, place, or have 
any booth, stall, tent, shed, carriage, boat or vessel, or any other 
place or vehicle whatever, for the purpose or use of selling, giving, 
or otherwise disposing of all or any kinds of articles of traffic or 
merchandise (except as hereinafter excepted) within one mile of any 
tamp meeting held for religious worship in this Commonwealth." 
Three classes of persons are excepted from the prohibition of the 
statute, as follows: ist. Licensed tavern or hotel keepers, merch- 
ants, mechanics, farmers, and shop keepers, in their lawful and 



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82 Commonwealth v. Seward. 



ordinary business, at their usual place of business or residence. 
2d. Persons who have procured a written ** permit" from the 
trustees or managers of the camp meeting. 3d. Farmers living 
within one mile of the camp meeting disposing on their own 
premises of their own farm products or vegetables. As the case 
is now presented, it must be assumed that the defendant did not 
come within either of these excepted classes. 

The sole question which the present motion requires us to 
decide is, whether or not the act is constitutional. The defend- 
ant's counsel argue that it is not, because it unreasonably inter- 
feres with the right of holding, using, and enjoying private 
property, or at least that it makes the exercise of the right 
dependent on the will of another. 

The right to buy and sell whensoever and wheresoever one 
will is not an indefeasible right which the Legislature may not 
regulate and restrain when the public welfare requires. "Rights 
of property, like all other social and conventional rights, are sub- 
ject to such reasonable limitations in their enjoyment as shall 
prevent them from being injurious, and to such reasonable 
restraints and regulations established by law as the Legislature, 
under the governing and controlling power vested in them by the 
constitution, may think necessary and expedient." Comlth. 7\ 
Alger, 7 Cush. 85. "The police of a state, in a comprehensive 
sense, embraces its system of internal regulation, by which it is 
sought not only to preserve the public order, and to prevent 
offences against the state, but also to establish for the intercourse 
of citizen with citizen those rules of good manners and good 
neighborhood which are calculated to prevent a conflict of right, 
and to insure to each the uninterrupted enjoyment of his own, so 
far as is reasonably consistent with a like enjoyment of rights by 
others." Cooley Const. Lim. *p. 572. It would be an almost 
endless task to enumerate the instances wherein this power has 
been exercised without question. 'A business, trade, occupation, 
industry, or amusement may be perfectly innocent or lawful in 
itself, but it becomes injurious when it disturbs or interferes with 
the enjoyment by others of their rights. The public welfare is 
promoted by the prevention of a conflict of rights between indi- 
viduals, and to accomplish this the state has undoubted authority 



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Commonwealth v, Seward. 83 

to make extensive and varied regulations as to the time, mode, 
and circumstances in and under which parties shall assert, enjoy, 
or exercise their rights, without coming in conflict with any of 
those constitutional principles which are established for the pro- 
tection of private rights and private property. 

It must be conceded that the Legislature has undoubted 
authority to make reasonable regulations to secure thje people of 
the State, in the peaceable and quiet enjoyment of their right to 
assemble together, either in a church edifice, or in the Open field, 
or in the grove, for the purpose of religious worship and instruc- 
tion. This authority has been claimed and exercised from a very 
early period in this Commonwealth. It includes not merely the 
authority to punish the wilful disturbance of religious assemblies 
as a misdemeanor, but to regulate and control otherwise lawful 
employment and conduct, so that they shall not cause disturb- 
ance. As an illustration of the exercise of the police power, the 
Legislature, in 1798, authorized the religious societies of Phila- 
delphia to extend chains across the streets in front of their church 
edifices on Sunday to prevent vehicles from passing and repass- 
ing.- The purpose of this act and its justification, as expressed 
in the preamble, was to secure and protect the peaceable and 
quiet enjoyment of the right to assemble together for religious 
worship. Again, by the act of April 2d. 1822 (7 Sm. L. 660; 
P. D. 1263,//. 4), it was made unlawful for any person to have a 
place for the purpose of selling or otherwise disposing of any 
kinds of articles of traffic, spirituous liquors, etc., within three 
miles of any place of religious worship, during the time of hold- 
ing any meeting therefor. The second section of the act author- 
ized the summary seizure and sale of the goods. The third 
section made nearly the same exceptions as are made in the act 
of 1878 (supra). This act twice came before the highest court of 
the State for review. It was held in both cases that under a 
proper construction of its terms the enumeration of liquors 
known to have a tendency to produce intoxication was meant as 
an exposition of the term traffic. In the first case two of the 
judges thought that the section authorizing a summary seizure 
and sale of the goods was in conflict with the provision of the 
bill of rights, that one cannot be deprived of his property unless 



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84 Commonwealth v. Seward. 

by the judgment of his peers or the law of the land. But in 
neither case was it suggested that it was not within the constitu- 
tional power of the Legislature to regulate, and, under proper 
safeguards, to restrain the traffic in all kinds of merchandise, as 
well as intoxicating liquors, within the period and limits named, 
except upon the conditions prescribed. Fetter v. Wilt, lO Wr. 
457; Krarper v. Marks, 14 Sm. 151. The absence of such sug- 
gestion is of some value as showing that the objection to the 
statute on this ground could not be successfully urged. 

The faults of the act of 1822 have been avoided in the act of 
1878, and the limits within which general traffic may be carried 
on have been reduced to one mile. Great care has been taken 
not to interfere with any business, trade, or occupation already 
established, and not to restrain any person from the use and 
enjoyment of his property as he would have enjo>'ed it were the 
camp meeting not held. Is it unreasonable to provide that other 
persons, attracted solely by the assembling of a large number of 
people for religious worship and instruction, shall not take 
advantage of that circumstance, and establish places for general 
traffic in the immediate vicinity of the camp meeting, without the 
consent of the managers of the association? We can discover 
only one purpose for this provision of the statute, and that is to 
prevent disturbances of the religious meetings; and it can readily 
be seen that from the nature of the assemblages, and the charac- 
ter of the places where camp meetings are usually held, some 
such provision is necessary for that purpose, which would not be 
required if the meetings were held within the walls of a church 
edifice. Assuming, as we must, that the purpose of the statute 
is a proper one for legislative action, it must very clearly appear 
that the regulations of the statute are so unreasonable as to leave 
no room for doubt that the Legislature has exceeded its consti- 
tutional powers, or the courts will not be justified in setting them 
aside. A large discretion as to the means necessary to accom- 
plish this lawful and constitutional purpose must be left to the 
Legislature, and the courts cannot interfere with the exercise of 
that discretion, except in a very clear case, without usurping 
legislative functions. The police power of the State, as vested in 
the Legislature, is not without limitation, and we do not mean to 



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■ Commonwealth v, Seward. 85 



be understood as saying that the courts may not declare an act 
unconstitutional which has been passed under the ostensible 
exercise of that power, but only that the case must be clear and 
free from doubt. If it could be discovered that the purpose of 
the act was not what we have stated it to be, but was one in 
which the public welfare was in no way concerned, the courts 
would undoubtedly be justified in declaring that the Legislature 
had transcended its constitutional powers. For example, if the 
purpose and effect of the law were to confer upon camp meeting 
associations the right of monopolizing the sale of all kinds of 
goods within a certain radius for their own profit, it would be 
open to very serious objections. It would be difficult to see how 
the public welfare could be subserved by such legislation. This 
objection was raised in a recent case in Massachusetts, and was 
so fully and satisfactorily considered that we quote at length from 
the opinion, which has not as yet been published in the reports. 
"The Legislature," says Mr. Justice Devens, '* is largely the 
judge of its own powers in reference to these matters. If it can 
be seen, indeed, that the rights of property are invaded under the 
pretence of a police regulation, it would be our duty to interfere 
to protect them. It is contended that the defendant's use of his 
own land is subjected to the will of another; that he cannot, 
under the law, use it for an otherwise lawful purpose but with the 
consent of another. But no general control has been assumed 
over his land; no lawful and established business that he has is 
interfered with. If it be that of selling provisions and refresh- 
ments, he may continue it, although the camp meeting has 
assembled. But if he purposes to make a use of his land that 
he would not have made but for the assembling of the camp 
meeting, it is not an improper police regulation which requires 
him to obtain its consent. The protection of such a meeting, as 
of every public meeting, is certainly an object in which the public 
welfare is concerned. The sale of provisions and refreshments 
is one often submitted to supervision as liable to occasion dis- 
order. Inasmuch as the defendant seeks to pursue it, not as an 
established business, but only by reason of the camp meeting, it 
is not unjust to him or his use of the property that its authorities 
shall determine whether they will be disturbed by it. . . Nor 



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S6 Commonwealth v. Seward. ♦ 



is the intention of this law to invest the camp meeting with a 
franchise by which it may properly assume the control of the 
business of selling provisions, etc., and thus of monopolizing the 
pecuniary advantages to be derived from it. The gift to one of 
the right to carry on a business in a particular vicinity may be a 
very valuable right. The authority to control it is equally so,, 
and if here conferred with a view of investing the camp meeting 
with such a privilege for any purpose except the preservation of 
order would be subject to serious objection. There would be 
much reason for asserting that thus conferred it was an invasion 
of the rights of property. An examination of the various provi- 
sions of the statute will determine whether all that it has been 
attempted to accomplish by legislation is nierely to limit the use 
of property in the interest of the public peace and welfare. That 
such is its object is shown by the history of the legislation, by the 
classes of business forbidden absolutely, by those forbidden un- 
less permission is obtained, by the temporary character of such 
prohibition, and by the fact that no established business is dis- 
turbed.'' Comlth. V. Bear.se (Sup. Ct. Mass., Mss.) 

The reasoning upon which this case was decided is pertinent 
here. All of the points raised before us were fully considered in 
that opinion. Coming, as it does, from a court of very high 
authority, and there being no conflicting decision by the courts 
of our own State, the decision is entitled to very great weight 

We conclude that the act under consideration in its purpose, 
and in its provisions to carry out that purpose, may be fairly 
considered as within the police power of the State, and hence the 
motion to quash the indictment must be overruled. 

The rule is discharged. 

Q. A. Gates and Gustav Hahn, E^qs., for rule. 

A. Darte, Jr., J. V. Darling, and S. M. Rhone, Esqs., contra. 



Digitized by VjiOOQlC 



Commonwealth v. Shelly. 87 



€aurt of (Eluarter Sessions of Cujcnie (jlounttt. 



Commonwealth v. Shelly. 

Criminal law^lndictment — Excepttom in a penal statute — When to be negatived in indictment-^ 
Camp meetings— Act of May 8tk, 1878. 

1. It 1$ a general rule that where the enacting clause of a statute describes the offence, with certain 
exceptions, it is necessary to state all the circumstances which constitute the offence, and to 
negative the exceptions; but where the exceptions are contained ki separate clauses or provi- 
sions of the statute, they may br omitted in the indictment, and may be shown by the defendant 
as matters of defense. 

a. Where by the terms, *' except as hereinafter excepted," the exception is introduced into the 
enacting clause as a part of the definition of the offence, and not as a proviso, it should be 
negatived. 

3. The enacting clause of the act of May 8, 1873 (P. L. 46), relating to the regulation of traffic near 
camp meeting, contains the words, "except as hereinafter excepted;" the third section states 
the exceptions : Held, that in an indictment the exceptions should be negatived. 

Rule to show cause why indiccment should not be quashed. 
The opinion of the court was delivered January 9, 1883, by 

Rice. P. J.— The first section of the act of May 8, 1878 (P. L. 
46), makes it unlawful for any person to erect or have any place 
for the purpose of disposing of any kinds of merchandise, " except 
as hereinafter excepted/' within one mile of any camp meeting 
held for religious worship. The second section of the act makes 
it a misdemeanor for any person to violate the provisions of the 
first section. The third section provides that certain classes of 
persons shall not be affected by the act. It is under this act that 
the indictment was intended to be drawn. 

The first reason urged for quashing the indictment is, that the 
act is unconstitutional. We conclude, however, that it may be 
justified as a reasonable exercise of the police power of the State. 
Our reasons for this conclusion are given in the opinion recently 
filed in the case of Comlth. v, Seward {ante 81). 

Another objection, which did not arise in the Seward case, is 
stated as follows: "The indictment ought to have averred that 
the defendant sold his merchandise, not only contrary to the 
act of Assembly, but also contrary to the section of the act of 



Digitized by VjjOOQIC 



88 COMMONWEALtH V^ ShELLY. 



Assembly containing the saving clause or exceptions." It is a 
rule of very general application that where the enacting clause of 
a statute describes the offence, with certain exceptions, it is neces- 
sary to state all the circumstances which constitute the offence, 
and to negative the exceptions; but where the exceptions are 
contained in separate clauses or provisions of the statute, they 
may be omitted in the indictment, and may be shown by the 
defendant as matters of defense. See i Wh. Cr. L. § 378; i Bish. 
Cr. Pr. § 635, and cases there cited. If the ^first section of the 
act of 1878 had contained no reference to the exceptions con- 
tained in the third section, then, following the general rule above 
stated, there would have been no difficulty in sustaining this 
indictment. But if, on the other hand, these exceptions had been 
written out in full in the enacting clause, it would seem, under 
the same general rule, that they should have been negatived in 
the indictment. For example, if the section had read, " it shall 
not be lawful for any person, except licensed tavern keepers, 
merchants, etc., and persons who have procured a permit, etc.," 
good pleading would require these exceptions to be negatived. 
Com. V. Maxwell, 2 Pick. 139; State v. Barker, 18 Vt. 195. 
These exceptions, thus introduced into and made part of the 
enacting clause, would seem to qualify the general terms used at 
the outset, and hence would become a material part of the defini- 
tion of the offence. As it seems to us, after a careful examination 
of the authorities, the terms in the enacting clause, "except as 
hereinafter excepted," have the same effect. By their introduc- 
tion into that clause before the completion of the definition, and 
not as a proviso, it appears that the Legislature did not intend 
to make the prohibition general, but limited to certain circum- 
stances and certain classes of persons. Hence it was as material 
to negative the exceptions as it was to aver that the goods were 
offered for sale within one mile of the camp meeting. The fact 
that the exceptions are, by relation, brought into the same section 
with the enacting clause is not decisive. Cases might be cited 
where the prohibitory clause has been immediately followed by 
a proviso, and yet it has not been held essential to aver that the 
defendant did not come within the proviso. The reason supporting 
these rulings is, that the matter contained in the proviso was not 



Digitized by 



Google 



Commonwealth v. Shelly. 89 

an essential part of the definition of the offence, but was excusa- 
tory, or matter of defense. But where the exception is so incor- 
porated with the clause defining the offence, either by its introduc- 
tion in express terms in the enacting clause, or by being referred 
to in terms such as are used in this statute, as to become a 
material part of the definition, it would seem reasonable to hold 
that it must be negatived in order that the description of the 
offence laid in the indictment may correspond with that prohib- 
ited by the statute. This is held to be the test in the case of the 
United States v. Cook (17 Wall. 168, 173, etc.,) where this ques- 
tion of pleading is very fully considered. In the case of Comlth. 
V. Hart (11 Cush. 130) Mr. Justice Metcalf says: "There is a 
middle class of cases, namely, where the exception is not in 
express terms introduced into the enacting clause, but only by 
reference to some subsequent or prior clause, or to some other 
statute. As when the words, * except as hereinafter mentioned,' 
or other words referring to matter out of the enacting clause, are 
used. The rule in these cases is, that all circumstances of ex- 
emption and modification, whether applying to the offence or to 
the person, which are incorporated by reference with the enacting 
clause, must be distinctly negatived. Verba relata inesse videutury 
This language, if not required by the facts of the case, is sup- 
ported by authority, and is consistent with the principle of the 
general rule which we stated at the outset. See Varasour v, 
Ormrod. 6 B. & C. 430 (13 E. C. L. 199); State v O'Donnell, 10 
R. I. 472. The case of Stul v. Smith (i Barn. & Aid. 94; 4 E. 
C. L. 45) is sometimes referred to by text writers as authority to 
the contrary. This is not warranted by the report of the case. 
The judges especially call attention to the fact that in the enact- 
ing clause of the statute then under consideration there was no 
reference to the exception. Abbott, J., says : **Here are not in 
the enacting clause any words such as 'except as hereinafter pro- 
vided.' If any such words had been introduced, it might fairly 
have been contended that the subsequent proviso was incorpo- 
rated with the enacting clause, and then the objection might have 
been supported." The case of Comlth. v. Davenger (2 Luz. Leg. 
Reg. 177) was based on an act of a similar nature to this. The 
enacting clause made it unlawful for any person to erect or have 



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90 Commonwealth v. Shelly. 



a place for the sale of certain kinds of merchandise within two 
miles of the camp meeting without having obtained a license. It 
was then further provided that nothing in the act should be taken 
to affect any person who had procured a permit from the mana- 
gers. It was held that the information should aver not only that 
the defendant had no license, but also that he did not have the 
permit referred to in the proviso. 

This question is full of perplexity. It will be found, after an 
examination of the authorities and conflicting dicta of courts and 
text writers, extremely difficult for the pleader to determine 
whether exceptions and provisos enter into the definition of the 
offence, or are to be shown by the other party as matters of 
defense. Dr. Wharton concludes his discussion of the question 
by saying that the test is practically this: ** Is it the scope of the 
statute to create a general offence, or an offence limited to a par- 
ticular class of persons? In other words, is the crime meant to 
be viewed as generally wrong, and subject to general moral con- 
demnation; or is it an artificial and arbitrary offence, only becom- 
ing such when it is executed by persons of a particular class? 
In the latter case the defendant must be declared to be within 
this class; in the former case this is not necessary.'* I Wh. Cr. 
L. § 380. This test seems to us to be based on just principles, 
and if it be applied to the case in hand it will be seen that the 
prohibition of this statute is not general, but limited to certain 
classes of persons, and that in order to precisely describe the 
offence it is as important to aver that the defendant was not a 
licensed tavern or hotel keeper, merchant, mechanic, farmer, or 
shop keeper, in his lawful and ordinary business, at his usual 
place of business or residence, and that he did not have a permit 
from the managers of the camp meeting, as it is to aver that the 
goods were offered for sale within one mile of the camp meeting. 
Without such averments the act charged against the defendant 
would be perfectly lawful. For these reasons we conclude that 
the indictment must be quashed. 

The rule is made obsolute. 

Gustav Hahn, Esq., for rule. 

A. Darte, Jr., and T. R. Martin, Esq., contra. 



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LICENSES. 
Notice is hereby given that the foTlowiog persons 
have filed their applications for license to keep hotels 
and restaurants, and to sell liquor by the quart, in the 
office of the Clerk of the Court of Quarter Sessions of 
the county of Luzerne, and that said applications will 
be beard by the court on Monday, April i6, 2883 : 
HOTELS. 

iohn M. Caffray . . 
fichael McKieman 
. Daniel H« Evans . 
. M. A. McCarty . . 
. lames Tredrick 
. Peter Smith .... 
. Daniel B. Keglc . . 
. Joel Morton .... 
.W.J. Myers . . . 
. Bamet Searfoss . . 
. Anna M. Drum . . 
. John N. Landmesser 
. David Mace .... 
. Joseph Woodring . 
. George Dnim . . . 
. Dennis B O'DonneU 
. Thomas Lannon . . 
. Milton Hess .... 
. Werner Smith . . . 
. Philip Raub .... 
. George H. Hoch . . 
. Christ. Remming . 
. John Fuchs .... 
. John Melley .... 
. Andrew W, BechtlcafT 
. Frank P. Whitebrcad 
. Conrad Schaub 



H.&McG . 

Famham 
I. L. . . . 
Hines . . . 
Landmesser 
Hahn . . . 
Troutmaa . 
Brundage . 
Harding . . 
Kline . . . 



Kisner 
Gorman . 
Hahn . . 
Brundage 

Hakes. . 
Brundage 
Hughes 
Hahn . 
Hayes . 



Kline 

Martin 

Hayes 



Ashley. 



Black Creek Tp. 



Bear Creek Tp. 
Butler Tp. 



Conyngham Tp. 

Dallas 

Dorrance Tp. 
Exeter. 
Foster Tp. 



. . S. R. Ferrcll 
. . William Gibbons . 
. . John Yannis . . . 
. . Michael Zemany . 
. Robert Wallace . 
. . Alfred Defoy . . 
. . A. Harvey . . . 
. . James Canrey . . 
. .S.J. Faux .... 
. . John H. Washburn 
. . Daniel Warner . . 
. . Sol Hursh .... 
. . A. P. Coles . . . 
. . Otto Bricn .... 
. . Robert Gauff . . 
. . C. Herron ... 
. . William Horn . . 
. .JohnMcNcal . . 
. . James McFadden 
. . Jacob Rosenstock 
. .WiUiamBach . . 
. . George Gibbons . 
. . Martin Modjeska 
. . Frederick Meirs . 
. . Henry Coller . . 
. . PhUip Stockcr . . 
. . Christian Mathes 
. . Joseph Pheotes . 
. . William Cassid^ . 
. . James Fitzpatnck 
. . John McGinty . . 
. . Adam Schreiner . 
. . Philip Feist . . . 
. .C.W;Krapf. . . 
. . Henry Krapf . . 
. . Thos. P. Morgan 
. . George Schaefer . 
. . George Setgel . . 
. . John Stein . . . 
. . A. F. Volkenand 
. . Anton Wagner . 
. . John V. Wagner . 
. . C. L. Kline . . - 
. . Adam Schneider . 
. . William Hartig . 
. . Charles Ermish, Sr. 
. . Henry Knoth . . 
.... Wm. L. Williams 
Troatman . . Samuel B. Cressman 



IT. L 
H. & McG 
Derr . 
Hahn . 
Martin 
Magec. 
E. A. L 
Kline . 

McManus 
Troutmaa 
Gorman . 

Hahn . '. 
McManus 



Gorman 



KliD 



Franklin Tp. 
Freeland, 



Hanover Tp. 

HoUcnback Tp. 
H unlock Tp. 



Hazle Tp. 



Hatleton. 



McL. & J 

Reynolds 

Dane . . 
Hakes. . 
Campbell 
D. &A . 
Martin . 
H. & McG 
Hahn . . 



Martin 
Plumb . 
Phoenix . 
D.&A . 

Hines . . 
Reynolds 
Plumb. . 
Osborne . 
Magee . . 
Hines . . 
Kline . . 
Plumb. . 
H.&McG 
Hines . . 

i.T. L . 
ones . . 
Erundage 
Robinson 
J. L. L . 
H. & McG 

Koon 



Bauman 
Miller . 
Hughes 



Mosier 



Payne . 
H.&McG 
Phoenix 
B. &N 
J. T. L 
H.&McG 
Moore 
L. 
agee 



L 



O'Neill 

Patrick 

McL. & J 

LT. L 

Martin 

Gates . 

Martin 

O'Neill 

Osborne 

Weaver 

Kline . 

Hahn '. 
C. &S 
Brundage 



. Munson Sigler . . 
. Samuel Hodgdon 
. Nathan Kunkie . 
. T. McDonough . 
. Peter Wolcott . . 
. D. A. LaBar . . 
. John Batterton . 
. A. Callahan . . 
. Henry Kemp . . 
. W. E. Steele . . 
. James E. Williams 
. Eugene M. Phillips 
, Linn Jones . . . 
. James W. Rhoads 
. C. D. Skodden . 
. E. W. Drake . . 
. Edward T. Jones 
. George Woodyatt 
. H. C. Beck . . . 
. E. W. Steel . . . 
. I. H. Oplinger . 
. Aavier Wernet . 
. L K. Feltows . . 
. Andrew Dombroski 
. C. C. Williams . 
. W. C. Gruvcr . . 
. E. B. Courtright . 
. William Tate . . 
. John Hares . . . 
. Catharine Morgan 
. John Schumacher 
. William Neimeycr 
. P. Battle, Agt . . 
. Paul Bohan . . . 
. James J. Rigney 
. William Bechtold 

iohn Donley . . 
ohn F. Eicnholzer 
'. L. Famham . 
. R. Strcng .... 

ioseph Weber . . 
larry Scheidel . 
. F. W. Ginz. Jr . 
. H. W. Lee ... 
, Michael Murray . 
. Iohn W. Davis, Agt 
. Thomas Cody . . 
. C. H. Schuyler . 
. E. M. Sinclair . . 
. 1. R. Ehret . . . 
. fhos. B. Leonard 
. James S. Baker . 
. George Smith . . 
, Archie McQueen 
, Jacob H. Snyder 
. Thomas Hooper . 
. Bridget Mangan . 
. C. M. Williams . 
. Michael Athey . 
. Patrick Mangan . 
. James Eley . . . 
. K. A. Frantz . . 
. Geo. P. Richards 
. R. W. Roberts . 
. Thomas B. Case . 
. Benjamin Krothe 
. John Dempsey . 
. John McAnany . 
. Samuel Rogers . 
. James J. Ruch 
. James Duffy . . 
. 1. J. Hess .... 

Georee Fisher . . 
osepn M. Turner 
Villiam Shoemaker 

C. W. Yaple . . 

Wm. H. Brommer 

Jeremiah Trash . 

Lewis Frederick . 

A. J. Minnick-. . 

Abraham Hetler . 

Samuel B. VanHom 

Edward Henry 

William Else . 



;^i 



iackson Tp. 
enkins Tp. 
Kingston. 



Kingston Tp. 

Lehman Tp. 
Luzerne. 

n 

Nanticoke. 



Nescopeck Tp. 
Newport Tp. 

Parsons. 



Pitts ton. 



Pleasant Valky. 
Plaiiu Tp. 

Plymouth. 



Plymouth Tp. 

Salem Tp. 
Shickshinny. 

SttgarloafTp. 



81 



Digitized by VjjOOQIC 



J. L. L . 


. John T. Conway . . 
. Evan T. Jones . . 


. Sugar Notch. 


Hahn . 


. . . Peter Warker . . . . 


Eighth Ward. 


Plumb. . . 


** 


<( 


... P. Weiss 


" 




. Minor Benscoier . . 


. Union Tp. 


J. T. L 
Darte . 


. . .JohnAUe* 

. . . Thomas D. Thomas . 


'• 


Famham . 


. Clara Halfpenny . . 


. West Pittston. 


" 


Halsey . . 


. Samuel Altemus . . 


. White Haven. 


Mahon 


. . . Patrick CuUcn . . . 


Ninth Ward. 


«« . . 


. Lydia A. Driggs . . 
. Theo. Runke . . . 


«' 


Robinson . . F. C. Bressler . . . . 


" 


«« 


(« 


McL. &J . .B. H.Brodhun . . . 


Tenlh Ward. 


C. &S ','. 


. Chas. A. Shumaker 


•« 


E. A. L 


... A. Kline 


** 


Hahn . . . 


. Nicholas Hildebrand 


*. Wright Tp. 


Rhone . 


. . . Lewis Greismer . . . 


Eleventh Ward. 


•' 


. Gusuv Wech . . . 


•* 


Bennett 


. . . Nicholas Miller . . . 


*' 


O'Neill' .' .* 


. Thomas Caffrcy . . 


. Wilkes-BarrcTp 


*< 


. . . Valentine Schuler . . 


*• 


** , . 


. Ann Kane 


•* 


Hahn . 


. . . Leopold Stori . . . 


•* 




. P. J. Foley .... 


" 


H.&McG. .Henry Weiss . . . . 
McL. &J . .Conrad Jacobs. . . 


'/. 


H.&McG. 


. Jofifl Br.idy .... 
. Wrii P Gardner . 


. First Ward. 


" 


. . Frederick Ittig . . 


" 


O'Neill . . 


*• 


B.&N 


. . . Louis Creter .... 


. Twdfth Ward. 


Robin&on . 


. Mirtin Ktiigcter . . 


.Second Ward. 




. . . Rosina Goekel . . . 


*• 


J.L. . . . 


.A. J.Lcwli . . , 




Martin 


. . . H. W. Connor . . . 


Thirteenth Wd. 




. Joseph ZcHfUer . . * 


** 


Hahn . 


. . . John Hochrdter . . 


•• 


Cannon . . 


. " ob« Mundy ♦ , . 


«* 


Mahon 


. . . Jacob Guttendorf . 


" 


Bauman . . 


.; . S ZImheJl . . , 


*' 


Gibbons . . . T. J. Gallagher . . 


" 


Campbell . 


.' ohfiSuiier , . . . 


** 


J. L. . 


. . . Patrick Corrigan . 


*' 


Strauss . . 


.CarulLiiL- BauacK. . 


. Third Ward. 


I.L. L 


. . . Thomas Devaney . 


. Fourteenth Wd. 


Hahn . . . 


.Jo ■' I ■ . kcr . , , . 


" 


H. h McG . . Jacob Schwab ... 
McL. & J . . C. L. Kleemans . . 


** 


J. T. L . . 
McL.&J . 


.Jo n . . , » 


tt 


" 


. Wuimiii Murphy . 


** 


Banks 


. . . Michael Gibbons . 


" 


J. L. L . . 

Kulp . . . 


. H. H. Webb . . . 


tt 


. . . A. F. Farr 


. Fifteenth Ward 


. S. Bristol 


'. Fourth Ward. 


McL. & J . . Jacob Kocher . . . 


•• 


Bulkeley . 


. J. M. Courtrighi . . 
. Wm E. Farrell . . 


•• 


Espy 


. . . M. Rottman .... 


•* 


«« 


•« 


Hakes 


. . . John C. White . . 
. . . John Evcland . . . 


•* 


Miller . . .' 


. W. J. McLaughlin . 


] •* 


Hahn . 


" 


J. L. L . . 
B. &N . . 


. Jacob Reuffer . . . 


" 




RESTAURANTS. 




. John W. Staats . . 
. Thomas Trcmbath . 


•♦ 


Hines 


. . . E. Doney 

. . . Wm. F. Imlay . . . 


. Ashley. 


Hines . . . 


** 


«« 


'• 


Espy. Mahon Philip Moyer . . . 


** 


<( 


. . . James McTigue . . 
sU . . Peter Murphy . . . 


" 


Mahon . . 


. William Dettmar . 


. Fifth Ward. 


Campb< 


«« 


'* . , 


. Adam Price .... 


** 


Plumb 


. . . C. B. Stivers . . . 


" 


•« 


. William Zimhelt . 


«• 


H.&McG. . Frank Koons . . . 


•• 


«< 


. F. J. Niemeyer . . 
. P. J. Gallagher . . 


«« 


Halsey 


. . . John O'Dea .... 


. Denison Tp; 


'• 


•« 


Koon 


. . . John Toohey . . . 
. . . John Melville . . . 


. Exeter Tp. 


«* . . 


. Samuel Geissinger . 


•* 


" 


*• 


Robinson . 


. Frank Flosser . . . 


" 




. FreeUnd. 




. G. A. Krothe . . . 


♦• 




. . . James Givens . . . 


'* 


Bulkeley '. 


. Moses Vancampen . 


*« 


McManus . . John Brislin .... 


•• 


McL. &J . 
Campbell . 


. Chas. T. Howard . 


•* 


«« 


. . , ^ohn Brown .... 


•' 


. Andreas Mutter . . 


•« 


'• 


. . [ oseph Davis . . . 


*« 


Miller . . . 


. Julia A. Shearer . . 
Jacob Schmidt . . . 


'• 


•• 


. . Manus Brennan . . 


•• 


Cannon . . 


«• 


Kline 


. . . Elizabeth Weigand 
. . . John M. Powell . . 
. . . Patrick Quinn . . . 


«« 


O'Neill . . 


. Aaron Whitaker . . 


'• 


Hayes 


•• 




. W. C. Hanna . . . 


•• 




•« 


Jones . . . 


. leanette Williams . 
. Stephen Reese . . . 


*• 


** 


. . . John Rush .... 


" 




»« 


" 


. . . ' [ohn Rugeos . . . 
. . .;iohn Shiko .... 


•* 


Hakes*. '. 


. Geo W. Mabey . . 


'• 


" 


•* 


Famham . 


. Tames Gallagher . . 
. Michael Meenan . . 


. Sixth Ward. 


" 


. . . Rudolph Ludwig . 


, •« 


Mahon . . 


*♦ 


** 


. . . David Kear .... 


•* 


I.T. L . . 
McGahren > 


. Peter Harvey . . . 


*« 


«« 


. . . Stephen Dresher . 
. . . C. Bctrler ... . 


•« 


Bcnj. Dilley . . . 


*. Seventh Ward. 


Hines 


. Hanover Tp. 


Robinson . 


. John L. Raeder . . 
. Peter Schappert . . 
. Edward Harley . . 


" 


H.&M 


cG . . D. Higgins .... 


" 


McL. &J . 


*• 


•• 


. . Thomas Powell . . 


•* 


E. A. L . . 


" 


E.A.I 


. . . . Henry Watkins . . 


" 


J. T. L . . 
Burke . . . 


. P. Kleeman & Bro . 


" 


Hakes 


. . . . William Jones, Jr . 
. . . John Bechtold . . . 


" 


. A. Lindacher . . . 


" 


Koon 


. HughestowiK 


Raeder . . 


. John Raeder . . . 


. «« 


•« 


. . . . ames Brown . . . 


*• 


H.&McG. 


. no. S. Elev. . . . 
. Henry D. Higgins . 


** 


•♦ 


. . . . E. Rickert .... 


** 


O'Neill . . 


• « 


(( 


. . . Thomas Mttcbell . 


•« 


Famham . 


. George Dearie . . . 


*• 


«• 




*• 


Darlings. . 


. Francis R. Surk . 


'♦ 


McMai 


lus . . Charies AltmiUer . 


. Hazletoo. 


Osbome . . 


.Jacob Becker . . . 
. Ivor Davis .... 


. Eighth Ward. 


«* 


. . R. Crammer . . . 


** 


Jooes . . . 


" 


*♦ 


. . John Glanceouft . . 
. . C. Lahn 


•* 




. William Evans . . 


n 


'• 


•• 


Famham . 


. William B. Evans . 


«« 


«♦ 


. . James McFariand . 


•• 


Robinson . 


. Andrew Ebert . . . 


•* 


«• 


. . John F. Meikrants . 


•• 




. Philip Furstenfeld . 


•• 


" 


. . William Berger . . 
. . Jacob Schmidt . . . 
. . Neil McMooigal . . 


«• 


*• 


. A. Grosser . . . . 


** 


•• 


** 


«« 


. Baltzer Hdfrick . . 


•• 


•• 


'• 


*• 


. John J. Hummel . 


•* 


*• 


. . Bernard McGuire . 


«* 


•« 


«' 


«« 


. . Jacob Smidt. . . . 
. . William Rhemhart 


«• 


*t 


. E C. Wasser . . . 


«« 


«« 


•» 


n 


. Herman Zeterburg . 
. C. S. FowJer . . . 


(• 


Kline 


. . . . Fred Berger .... 


<• 


** 


" 




. . . . J. F. Fisher .... 
. . . . Elizabeth Keunhold 


«• 


** 


. George Mahle . . . 
. Charles Gable . . . 


*' 


«• 


•* 


Martin . 


«• 


•« 


. . . . Frank McGinty . . 


•• 




. G. W. Leas ... . 


" 


«« 


. . . . Bernard Paul . . . 


•• 




. Charles Saeger . . 


" 


•• 


. . . . Fred Schaar .... 


•• 


82 











Digitized by VjjOOQIC 



KliM 



Gorman . 



Ifartin 
MahoQ 
Famham 
Hahn . 

OTJdU 
J.T. L 
H.&McG. 
B.ftW 
Joiws . 
CampbcD 
IT. L 
H.&McG. 
D.&A 

Kooa . 
I. L. L 
Nosier 
Hincs . 



.1) 



Hahn 



Plumb 



Pinmb. 



Magee. 

Martin 
Chapin 



Jc»es 
Okborne . 
H.&McG. 
Plumb. 
E.A. L , 
Jones . 
Uaboo 
(TNeiU 
J. L. L 



J. L. L 
Moaicr 



Christian Schneider 
Adam Smauch . 
Martin Specht . 
Martin Wendel 
Mn.W. I. Williams 
John Wolfram . 
John Kohlhaas 
Catharine M. Hebel 
Henry Knoth . . 
Justus Schmidt . 
Anna M. Boddin . 

iohn G. Koehler 
Irs. Henry Fey . 
iacob Drumtra . 
). C. Bovle . . . 
Neal McGinty . . 
Charles Widenbach 
^ohn O'Donnell . 

ohn McGinty . . 

)wen Holland . . 
Edward Meginnis 
John BaJcher . . 
Barbara Keller . 
John Palmer . . 
David Culver . . 
Dora Sherry . . . 
Charies G. Banta 
William J. Stephens 
David Thomas . 
Patrick Ratchford 
Hugh Boyle . . . 
Michael Fariey . 
Robert Clayson . 
Edward T. Jones, 
Michael Delaney 
John Nales . . . 
Peter L. Carey . 
John Corcoran . . 
Frank Dagnan . . 
Francis Paueykoske 
Michael CliiTord 
A. Dropiewskie 
Mary Croski . . 
W. Heiduckiewiecs 
John Siadt . . . 
Piotr Sztukowski 
Wm. H. James . 
Peter Suckowlcki 
Alfred Evans . . 
George Williams . 
Henry Harvey . 
Thomas McGuire 
John Reagan . . 
Joseph Hughes . 
John O* Brien . . 
Jane James . . . 
George P. Miller . 
George Segar . . 
Patrick Shea . . 
John Bowman . . 
Thos. J. Evans . 
Patrick Golden . 
James Kenney . 
Thomas Cusick . 
Anthony Boot . . 
Pctet Finley . . . 
John Hauser . . 
John Llewellyn . 
Jacob Pfingsten . 
John Fagan . . . 
IHiniel Howell 
Vincent Blazys . 
O. J. Nicholas . 
Edward Gallagher 
Charles ReiUy . . 
Albert Sutter . . 
Edward Bolin . . 

ames Jordan . . 

ames James . . 

rhomas Tisue . . 
Leo Dorbath . . 
Genevieve Gets . 
Wm. J. Jenkins . 
WUliamRowe. . 



. Jam( 
. Jami 
. Thoi 



Hazleton. 



Jenkins To. 
Kingston Tp. 



Luzerne. 

If 

«< 
MarcyTp. 

It 
Nanticoke. 



Nescopeck Tp. 
Newport Tp. 

Parsons. 



Pittston. 



Raeder . . 
Mosier . . 
H.&McG. 



Brundage 
Bauman 
J. T. L 



Nichols 
Koon . 



O'Neill 



Koon . 
J. T. L 

Mahon 
Campbell 
Famnam 
J. T. L . 



H.&McG. 
Plumb . 



Jones 

Bulkeley 

Strauss 

Moore. 

Mahon 

Shonk . 



Can 



L. L 
nnon 
Magee 



McXlamey 



Farnham 
Robinson 
Magee 



C. &S 
J.L. 

Jones 

Kyman 

Shonk 



E. A. L 

Famham 

McAlamey 

H.&McG. 
Brundage . 
J. L. L . . 



. Amz! Myers . . . 
. A. Richard . . . 
. Jjohn Connell . . 
. Patrick Connell . 
. P. J. Duffy . . . 
.P.T.Daley . . . 
. S. Sturmer . . . 
. Chas. H. Smith . 
. James Gibbons 
. Patrick McNally 
. Bernard McKone 
. John RIker . . . 
. Thomas Lyons . 
. Patrick Sheridan 
. Michael Brown . 
. Charies A. Zeigler 
. Arthur Davidson 
. Michael Dempsey 
. M.Whealon. . . 
. Michael Reap . . 
. William Keating . 

iohn Walsh . . . 
f ichael Lawler . 
.Tim Allen. . . . 
. David Aston . . . 
. Michael Coffield . 
. Riley & Ruddy . 
. M. H. Ruddv . . 
. Patrick Corrfgan 
. Mary O'Malley . 
. Peter Hines . . . 
. 'i'homas W. Lewis 
. William Morris . 
. Thomas Morpeth 
. George Fcnton . . 
. Moses Griffiths . 
. William Tasker . 
. Henry Merrilt . . 
. William Wright . 
. Patrick Clune . . 
. George Blakey . . 
. Florence Shewan 
. John W. Thomas 
. James Connell . . 
. John Thomas . . 
. John Bryson . . 
. A. F. Buiibach . 
. Thomas Clark . . 
. B. J. Gallagher . 
. Edward Geaton . 
. Samuel Haycock 
. Mira Johns . . . 
. Sarah Martin 
.M.J. Reddington 
. Timothy lliomas 
. John M. Thomas , 
. VsLvid T. Williams 
. John Hlowak . . 
. Anthony Bendrift 
. John May .... 
. Alfred Munda . . 

Joseph Harris . . 

Martin Wilkes . 

ohn Larwouth . 

ohn O. Jones . . 

H Monk . . . 

Brennan . . . 

ichael Morrisey 

William Gillespie 

Edward Collett . 

'ames Curry . , 
- C. RusseU . . 

Owen Doyle . . . 

William Hatchwell 

H. Hildreth . 

ames Reese . . 

ohn Brennen , . 

. McGroarty . . 

Thomas Walsh . 

James Coughlin . 

William Dailey . 

Michael Kelly . . 

Aug. Rusemweaver 

John J. McAndrew 



i 

.Mi 



:fc 



. w 



Pittston. 



Pittston Tp. 
Pleasant Valley. 



Plains Tp. 



Plymouth. 



Plymouth Tp. 



Sugarioaf Tp. 
Sugar Notch. 



83 



Digitized by VjjOOQIC 



Plumb . 



Martin 

E. A. L . 
Halsey 



J. L. L 
Halsey 
Hines . 

Campbell 
O'Neill . 
McL. &J 
Brundage 
J. L. L . 
Hahn . . 
O'Neill . 
Bulkeley 
Robinson 



Mahon . 

Hahn . . 

Strauss . 

J. T. L . 

Buikeley* 
Robinson 
Hahn . . 
McGahren 
J T. L . 
Hahn . . 
Robinson 



Parnham 
Landmesser 
McManus 
H.&McG 
C. &S . 
Mahon 
Kidder . 
Bennett . 
Hahn . . 
McL. &J 
H. & McG 

H.&McG 
Gibbons . 
O'Neill . 
J. T. L . 
Brundage 

Halsey 
Hayes . 

Gorman , 

Hayes . 

H. & McG 
Gorman 



Wright 



. Michael Farrell . 
. CondyO'Donnell 
. Daniel Phillips 
. John Elliott . . 
. Tames O'Brien 
. Thomas Roach 
. Rose Sheridan . 
. Dennis Dkian . 
. Otto Feist . . . 
. Henry Kaiser . 
. lohn Kern . . 
. Martin Lavelle 
. Philip Stempel 
. John Trimble . 
. John Lavelle 
.John Kelly . . 

WILKBS-BARRB. 

. Charles Werner 
. August Unger 
. Frank Albert . 
. Anna Fluegle . 
. Edward Ncvin 
. William Blase . 
. John J. Edwards 
. Kate Swartman , 
. Leo Geissler . . 
. H. Newcomb . 
. Leon Buchli . . 
. Robert Krieg . 
. Charies Diehl . 
Kern 



Morgan D. Jones 
. Jonah Davis . . 
.M.J. Kingsley 
. A. Turkes, Jr . 
. George Schaller 
. Ellen Hughes . 
.M.J. Lynch . 
. John Becker . . 
. T , J. Flanigan . 
. Adam Mueller . 
. Adam Turkes, Sr 
. Maiser & Meehan 
. Ed. Gunster . , . 
. John Davis . . . 
. Michael Klein . . 
. Peier McManus . 
. James Fox . . . 
, Thomas McKenna 
. Wendell Snyder . 
. Leopold Keiper . 
. John Schmidt . . 
. retcr Stump . . . 
. Fred Itiig . * . . 
. Henry Weiss . . 
. Watkins Gettins . 
. William Smith . . 
. Elizabeth Knelky 
. Patrick Quillen . 
. Lewis T. Davis . 
. Fred Smith . . . 

,„.BY THE QUART. 
, William Surtees . . 
. Patrick Dougherty 
. Hugh McMenamin 
. Patrick Burke . . 
. Hugh Gallagher . 
.T. Campbell. . . 
, Raphael Depicnro 
. Oliver Plunkett . 
. John W. Boyle . 
. Peter Dershuck . 
. Patrick Dougherty 
. Jacob Fechter . . 
. Peter Kennedy . 
. John B. Cannon . 
. D. J. McElleny . 
. Charies F. Held . 
. James O'Donnell 
. Wm. J. Widfbor 
. Morris Ferry . . 
. Patrick Burke . . 
. Ncal McGeeghan 
. A. Slowauky & Bro 



Sugar Notch. McManus 



White Haven. 



Wright Tp. 
Wilkes-BarrcTp 
First Ward. 
Second Ward. 



Fourth Ward. 
Fifth Ward. 



Sixth Ward. 
Seventh Ward. 

Eighth Ward. 



Ninth Ward. 
Eleventh Ward. 



Thirteenth Wd. 
Fourteenth Wd. 



Fifteenth Ward. 

Exeter Tp. 
Foster Tp. 

Freeland. 



Hanover Tp. 
Harieton. 



84 



Kline 



Gorman 
E. A. L 
H. & McG 
Mahon 
Osborne 
J.T. L 
Plumb . 
Jones . 
Chapin 
Mahon 

T. T. L 
Mosier 
Hand . 
Burke . 
Mosier 
Koon . 
O'NeiU 



I.T. L 
Magee 



Reynolds 
Shonk . 

J. T. L 
O'Neill 



McL. & J 
C.&S 

Mahon . 
Halsey . 

Campbell 
O'Neill 



J. L. L 
J.T. L 



Hahn . 
C.&S 

Butler . 
O'Neill 
I.T. L 
McManus 
Hahn . . 
Campbell 

O'NeiU . 
Osborne . 
McL. & J 
Robinson 
H.&McG 
F. &B . 
J. T, L . 
E. A. L . 
Campbell 
Gibbons . 
McL. &J 
O'NeiU . 

Taylor '. 
J.T. L . 



Frank BamhUl . . 
Condy Byrne . . . 
George Zierdt . . . 
Patrick McCarron . 
Patrick McCoy . . 
Thomas Campbell . 
Muhl & Graaf . . . 
Charles McCarren . 
John Hausman . . . 
William Bettenhausen 
Patrick Gallagher . 
Michael Mc£>onough 
Thomas O'Malley . 
John F. Hogan 
James McQuade 
James Kennedy 
Robert Schwaru 
G. R. Snyder . 
Wash. L. Noble 
Golden & Walsh 
Thomas Kelly 
"ohn H. Thomas 

ohn Cawley 

rl. A. Be van 
Oliver Burke 
Thomas Granahan . 

ohn J. Roberts . . 

irady & McCormick 

iohn Mayock . . . 
lichael Mayock 
Thomas McuonneU 
Wm. T. Merrick . 
Patrick A. Beatty . 
Freem^ & Stcmdler 
Emma Edwards . . 
H. L Davenport . . 
Ira Davenport . . . 
John R. Lynch . . 
Fred Schwartz & Bro. 
Patrick Moran . . 
Michael McGough . 
Patrick Carney . . 
James McAnany 
John Sweeny . . . 
John R. Edwards . 
Patrick Quinn . . . 
Edward McGinnes . 
William Comber . . 

WlLKBS-BARRB, 

T. F. Sheridan . . 

C. Burke 

James Markcy . . 
Frances Ramsay . , 
John CuUen . . . , 
Sarah Meehan . . , 
Bernard C. WiUiamson 
ohn Jennings . . 
^'ohn Walsh . . . 
Anna Baldes . . . 
C. Rosenbluth . . 
John D. Birmingham 
T. S. & W. S. Hillard 
O' Boyle & McGreevy 
'ohn A. Merrick . 
im McManus . 



:l 



Hazleton. 



Hazle Tp. 
Kingston. 
Kingston Tp. 



Marcy Tp. 
Nanticoke. 



Parsons. 



Pleasant Valley . 
Pittston. 



Plains Tp. 



Plymouth. 



Plymouth Tp, 



White Haven. 
First Ward. 



Second Ward. 
Third Ward. 



Fourth Ward. 
Fifth Ward. 



Sixth Ward. 



.Til 

. Ig Freeman . 

. Peter McGourty . . . Seventh Ward. 

. Thos. F. Sheridan . . ** 

. John Mahon ey . . . Eighth Ward 

. L. J. Fcwel & Co 

. James \lcCaUoch 

. Owen O'NeiU . . 

. John M. Caflrey, Agt. 

. Geo. M. Orr. . . . . 

. Henry Luft Tenth Ward. 

. Patrick McGrath . . Eleventh Ward 

. Michael Reading 

. John Kearney .... Thirteenth Wd. 

. Patrick McCaffray . . Fourteenth Wd. 

. Daniel McDade . . 

. Patrick QuUlcn . . 

. Daniel O'Donnell . 

. Michael Monagfaan 

L. kTsTRENG, Oerk Q. S 



Digitized by VjjOOQIC 



ALSO the followrag applications on Monday, April at a comer of lot So. ji on Chestnut street, thcncr 



30th, 1883 

Hayes. . . 
Hines . . . 

Uayo. . . 

Kline . . . 
Hayes. . . 
Hahn . . . 
McAlarney 
Powell . . 
O'NeiU . . 
Gales . . . 
O'NciU . . 
J. L. L . , 
O'NciU . . 
Taylor . . 
Campbell . 

Farnham . 
14-16 



HOTEL. 
. John L. Jones . . . . 
. Arthur Feathersion 

RESTAURANTS. 
. Catharine Wassner . , 
. James Sharpe . . . . 
. Jacob Schneider . . . 

. Denis Boyle 

. Ludwig Michalowski , 
. Thomas Brcnnan . . 
. W. A. Wagner . . . 
. William Lawier . . . 
. David Richards . . . 
. Thomas Keats . . . , 
. Thomas Bums . . . , 
. P. B. Brehony . . . . 
. William Leslie . . . . 
. James Wallace . . , 
^^yjHE QUART. 



, Frecland. 

. Wilkes-Barre. 



Frceland. 



.W. 



Hazleton. 

Nanticoke. 
Plymouth Tp. 

Parsons. 
Pittstoa Tp. 
Pittston. 
Pleasant Valley. 

Wilkes-Barre Tp 
Wilkes-Barre. 

Kingston Tp. 



L. K. STRENG, Clerk Q. S. 



east by said lot No. 7a, 150 feet to an alley, thence 
south oy said alley 50 feet to a corner of lot No. 74, 
1 thence west by said lot No. 74 to said Chestnut street, 
and thence north by said Chestnut street to the place 
of beginning, containing 7,500 square feet, more or 
less, with a two-story frame dwelling hou.se thereon. 
' 3 All that lot of ground distinguished on the plot of 
Efias Smith and Henry CroU as lot No. 43, beginning 
at Penn street, thence north along said street 50 feet 
I front, thence west along Falls street 150 feet, thence 
south by an alley 50 feet, thence east along lot No. 43 
150 feet to the place o< beginning, conuining 7,500 
square feet, more or less, with a two-story frame dwell- 
ing house thereon. 

Tbrms of Salb — 20 per cent down, 30 per cent to 
be paid on confirmation of sale, and the balance in one 
year from confirmation of sale ; to be secured on the 
premises, with interest from confirmation. 

STEPHEN TURNBACK, 

ALEXANDER FARNHAM, Executor. 

, Attorney. »5-t7 



SHERIFF'S SALE. 
The following property will be sold by the 
Sheriff, Wm.O'Mallcy, at the Arbitration room. Court 
House, in the city of Wilkes-Barre, on Tuesday, May 
I, 1883, *' 10 o'clock A. M., vir. : 
Suit of Ella G. Turner v. John Ncalon. 
161 May term, 1883. Debt, $3,146.16. Fi. fa. 55 
May term, 1883. E. P. & J. V. Dariing, ) . ,,. ^ 
A. J. Dietrick, j^Aitys. 

A lot of land in the borough of Plymouth, bounded 
on the south by Main street, on the west by lands of 
Samuel Snyder, on the north by an alley, and on the 



AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzerne county to distrib- 
ute fund in the hands of the Executors of the estate 
of Hcndrick B. Wright, Trustee of the esute of A. N. 
Meylert, will attend to the duties of his appointment, 
at his office, in the city of Wilkcs-Barrc, on Saturday, 
May 5, 1883, at 10 o'clock A. M., when and where all 
parties interested are hereby notified to appear. 
.GEORGE R. BEDFORD^ 
15-18 Auditor. 



east by lands of' James Lee, being 2a feet in front, and A UDITOR.'S NOTICE. ... 

148 feet in depth, containing 3,340 square feet of land, f^ ^}% undersigned, an Auditor, appointed by the 
improved by a cellar and wall erected thereon. 15-17 



ORPHANS' COURT SALE. 
Estate of Job Kocher, dec'd. By virtue of an 
order of the Orphans' Court of Luzerne county, the 
nndenigned will sell at public sale, at Yaple's Hotel, 
in the borough of Shickshinny, on Friday, May 4th, 
tSS^, at II o'clock A. M., the following piece of land 
io Salem township, commencing on the northwest side 
of the Lackawanna and Bioomsburg Railroad, where 
Rocky Run passes under said railroad, and running 10 
perches, thence 16 perches, tbence 12 perches, thence 
12 perches, thence 16 perches, thence 4 perches to a 
post and stones, the beginning of land belonging to 
job Kocher, which is divided as follows : thence ^om 
t mentioned corner 40 perches to a stump and stones 



Court of Common Pleas of Luzerne county to marshal 
the liens against the real estate of Daniel Hinkle, will 
attend to the duties of his appointment, at his office, 
in the city of Wilkes-Barre, on Thursday, May 3, 1883, 
at 10 o'clock A. M., when and where all parties inter- 
ested are hereby notified to appear. 

JOHN B. REYNOLDS. 
14-17 Auditor. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 23, January term, 1883. Libel in divorce a vin- 
culo matrimonii. Emma Stevens, by her next friend, 
John Pagsley, v. Alexander A. Stevens. The alias 
subpoena in the above case having been returned non 
est inventus, you, the said Alexander A. Stevens, are 



comer, thence 40 perched to a rock oak cofner, thence hereby notified to appear at said court, on Monday, 
4open!hcs toastakcandstoncscomer8feetfromhighl»*»« «4»h day of May, 1883, a 10 o clock A. M., to 



ledge of rocks, tbence 40 perches to the place of begin- 
ning, containing 10 acres of land ; improved, wim a 
frame dweUin|; house and outbuildings thereon. 

Tbxms of Salb— f 100 cown on day of sale, and the 
balance on the confirmation of the sale. 

REUBEN GODSHALL, 
ISAAC P. HAND, Executor. 

Attorney. i5->7 



answer the complaint therein filed. 

WILLIAM O'MALLEY, 
D. M. JONES, Sheriff. 

Solicitor. 13-16 



ORPHANS' COURT SALE. 
Estate of John Fry, deceased. By virtue of an 
order of the Orphans' Court of Luzerne county, the 
undersigned will expose at public sale, at the hotel of 

ioel Martin, in Falls Run. Black Creek township, on 
'riday. May 4, 1883, at 10 o'clock A. M., the follow- 
ing described real estate in said village of Falls Run : 
I All that lot of ground distinguished on the plot 
of Elias Smith and Henry CroU as lot No. 72, begin- 
ning at southeast comer of Chestnut and Falls streets, 
thence east by Falls street 150 feet to an alley, south 
50 feet to comer of lot No. 73, thence east by lot No. 73 



J ALTON DAVIS, 
• a member of the Bar of Lackawanna county, 
will apply for admission on April 18, 1883, to prac- 
tice as an attorney m the several courts of the county 
of Luzerne. 13-15 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made H> the Governor of the 



Commonwealth of Pennsylvania, under the provisions 
of the Act of Assembly, entitled "An Act to provide 
for the incorporation and regulation of certain corpora- 
tion." approved April 29th, 1874, and the supplements 
thereto, for the charter of an intended corporation, to 
be called '* The Kingston Water Company," the char- 
acter and object whereof is the supply of pure water 

..,. ., ,^ to the borough of Kingston and parts of the adjoining 

150 leet to Chestnut street, thence by said Chestnut ' townships ^ Kingston and Plymouth, in Luzerne 
street north 50 feet to the place of beginning, contain-! county, Pennsylvania, and for these purposes to have. 



**>K 7>Soo square feet, more or less, with a i^-story 
ftame dwelling house thereon. 

2. All that lot of land distinguished on the plot of 
Elias Smith and Henry CroU as lot No. 73, beginning 



possess, and eniov all the rights, benefits, and privil- 
eges of the said Act of Assembly and its supplements. 

CHARLES D. FOSI'eR, 
15-17 Solicitor. 



85 



Digitized by VjjOOQIC 



ESTATE OF JOSEPH WHIPP, LATE OFi T7STATE OF ANN WILLIAMS, LATE OF 
Exeter townsnip, deceased. | Hj Plymouth, deceased. 

Letters testamentary upon the above named estate. Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons ! having been granted to the undersigned, all perM>ns 
having claims against the same will present them duly; having claims against the same will present tnem for 
authenticated for payment, and those indebted thereto, payment, and those indebted thereto will please make 
will please make payment to 1 immediate payment to 

WM. H. WHIPP, I RICHARD J WILLIAMS. 

HANNAH WHIPP, Iii-i6 Executor. 

PALMER, DEWriT & FULLER, Executors. | ■ 

13-18 Attorneys. 



ESTATE OF JULIA ROBERTS, LATE OF 
Hughestown, deceased. 



I T7STATE OF MARY E.MACCARTNEY.LATE 

lit of Salem township, deceased. 
Letters of administration upon the above named 
^ , , . . . . , . estate having been granted to the undersigned, all 

Letters of administration upon the above named ^^ having claims acainst the same will present 

esutchavingbeen granted to the undersigned, all per-' them for payment, and those indebted thereto will 
sons having claims against the same will present them |^,^ ^j^ke immediate payment to 
for payment, and those indebted thereto will please C. B. JACKSON 



make immediate payment to 

ALFRED P. HOUSE. 
FRANCIS H. CHIVERS, 
F. C MOSIER, , Administrators 

Attorney. 12-X7 



11-16 



Administrator c. t. a 



. d. \). I 



ESTATE OF WILLIAM MINNICH, LATfc OF 
Sugarloaf township, deceased. 

_ _. Letters testamentary upon the above named estate 

j having been granted to the undersigned, ail persons 

ESTATE OF DANIEL JONES, LATE OF THE having claims against the same will present them for 
borough of West Pitt&ton, deceased. I payment, and those indebted thereto will please make 

Letters ot administration upon the above named immediate payment to 
esute having been granted to the undersigned, all per- 1 ANN ELIZA MINNICH, 

sons having claims against the same will present them'1015 Executrix. 

for payment, and those indebted thereto will pleasei _ _ __ _ 

make immediate payment to „-,„„ TESTATE OF JOHN HENRY, LATE OF THE 

I A w M w M I M MO -*-' township of^Nescopeck , deceased . 

i-i?*^ c ppDDic -^ a\iJT' t: » » ^'k „ Letters of administration upon the above named 

GEO. S. FERRIS, Adm rs c. t. a. d. b. n. Instate having been granted to the undersigned, all per. 

_ r^^I- "_***"* having claims against the same will present them 

ifor payment, and those indebted thereto will plea«^ 

ESTATE OF THOMAS W. JONES, LATE OF, make immediate payment to , .^,,^rkM 

Hanover township, deceased. 1 #; C IJ. JAL-KbUN, 

Letters of administration upon the above named '»->^ Administrator, 

estate having been granted to the undersigned, alt per-j — 

sons having claims against the same will present them r? STATE OF ELLEN MADDEN, LATE OF 
for payment, and those indebted thereto will please j H 
make immediate payment to 

REESE J^ JON ES, | estate having been granted to the undersigned, all ^er- 



_ Pittston township, deceased. 

Letters of administration upon the above named 



G. H. R. PLUMB. 

Attorney. 



JANE JON 

Administrators 



sons having claims against the same will present thci 
for payment, and those indebted thereto will please 
1015'make immediate payment to 

EDWARD GILLORAN, 

PSTATE OFJAMES DOLAN, LATE OF THE|'^\9_ Administrator. 

Utte.^'^t^is'L*^^^^ above namedl p STATE OF REBECCA PETERS, LATE OF 

esute having been granted to the undersigned, all per- -L' Hollenback township, deceased, 
sons having claims against the same will present themi Letters of administration upon the above named 
for payment, and those indebted thereto wiK please esute having been granted t^ the undersigned, all per- 
— 1.- r j: ._ sons having claims against the same wiU present tnem 



make immediate payment to 

PHILIP McANIFF. 
M. CANNON, Executor. 

Attorney. 10-15 



for payment, and those indebted thereto will please 
make immediate payment to 

DANIEL BLOSS, 
J. T. LENAHAN, Administrator. 

Attorney. xa-17 

ESTATE OF MARY E. PETERS. LATE OF 
Hollenback township, deceased. 
Letters of administration upon the above named 



ESTATE OF EDGAR GREEN, LATE OF THE 
township of Franklin, deceased. 
Letters tesumenury upon the above named 
esute having been granted to the undersigned, all per- 
sons having claims against the same wiU present them \ ^- ^^ having been granted to tfee undersigned, all ptt^ 
for payment, and those Indebted thereto will please sons having claims against the same will present them 

make immediate payment to - " • • »-.....— 

ISAAC SUTTON, 
PALMER, DEWITT & FULLER, Executor. 
to-15 Attorney. 



ESTATE OF JOSEPH STACKHOUSE, LATE 
of Shickshinny, deceased. 
Letters tesumenury upon the above named esute 
having been granted to the undersigned, all persons 



for payment, and those indebted thereto will please 
make immediate payment to 



: payment 

J. T. LENAHAN, 

Attorney. 



DANIEL BLOSS, 

Administrator, 
xa-r; 



ESTATE OF ELIZA BOWERS, LATE OF 
Wyoming, Kingston township, deceased. 

. „ „ „ , f Letters tesumenury upon the above named estate 

having claims against the same will present them fori having been granted to the undersigned, all persons 

f>ayment, and those indebted thereto will please make having claims against the same will present them for 
mmediate payment to | payment, and those indebted thereto will please make 

JOHN W. CHAPIN, 1 immediate payment to 

I. P. HAND, Executor. WILLIAM HANCOCK, 

Attorney. 9-1418-14 Executor. 

86 



R 



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NOTICE IS HEREBY GIVEN THAT AN 
ajppltcation will be made to one of the Judges 
of the Court of Common Pleas of Luzerne county. 
under the provisions of the Act of Assembly, entitled 
"An Act to provide for the incorporation and regula- 
clon of certain corporations," approved April 29, 1874, 
and the supplements thereto, on Monday, May 14th, 
1883, at 10 o'clock A.M., for the charter of an intended 
corporation, to be called "The Welsh Calvanistic 
Methodist or Presbyterian Church,'* of Ashley, the 
character and objects of which are to purchase lands 
and erect buildings for the support of public worship. 

W. H. lilNES, 
'4-i6 Solidtor. 



VfOTICE IS HEREBY GIVEN THAT AN 



ESTATE OF GEORGE SMILNUK, LATE OF 
Hazle township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ANDREW BERKLEY. 
B. McMANUS, Administrator. 

Attorney. 12-17 



ESTATE OF JASPER B. STARK. LATE OF 
Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present th^m 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of As-nem- 
bly.enuued "An Act for the incorporation and regula- 
tioa of banks of discount and deposit," approved May 
13, 1876, and the supplements thereto, for the incorpo- 
mion of an intended banking corporation, to be called 
the " Nanticoke Bank," and to be located in the bor-' 



make immediate payment to 

FRANCIS R. STARK, 
E. P. & J. V. DARLING, Administratrix. 

Attorneys. 9-14 



IN application will be made to one of Judges of the ^^U"? S!^"ii^li!!^'„»"«*^***^ ^"^"^^^ "^"^ ^^^^ 
Onn of Common Pleas of Luzerne county, under the 
provisions of the Act of Assemblv, entitled "An Act to 
provide for the incorporation and regulation of certain 
corporations," approved April 20th, 1874. and the sup- 
plements thereto, on Mondav, May 14th, 188^, for the 
incorporation of an intended corporation, to be called 
•'The Evangelical Protestant Church," of Nanticoke, 
the character and objects of which arc for the support 
of public worship. 

W. H. HINES. 
M-16 Solicitor. 



ESTATE OF JOHN MANGAN, LATE OF 
Fittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

THOMAS MANGAN, 
F. C. MOSIER, Administrator. 

Attorney. 9-14 



ESTATE OF JOHN ORR, LATE OF FOSTER 
township, deceased. 



..-^>.^ ^ — ..^ »««*«. »^ .vw.*^« ... w.^ »w.- Letters tesuimentary upon the above named estate 

oih^N^nticike.Luierlirc^n'i^.'Pa.Tilie'ihilraci'cr ha^jng *>««;" granted to the undersigned, aU persons 
and objects of which are the carrying on the general 'having claims against the same will present them for 
business of banking as a bank of deposit and discount. iPay">«nl» an^ those indebted thereto will please make 



W. H. HINES, 

Solicitor. 



immediate payment to 

ELIZABETH A. POLLOCK, 
9-14 Executrix. 



TN RE ESTATE OF AUGUST STEPHENS, 
1 deceased. In pursuance of a citation issued by 
ibe Register of Wills of Luzerne county, on April 5th, 
1883, at my instance, notice is hereby given to the 
heirs and legal representatives of August Stephens, 
bte of the borough of Plymouth, deceased, to appear 
before the Roister of Wills aforesaid, at his office, in 
Wilkes-Barre, on Thursday. 19th inst., at 10 A.M.,, 
uid take out letters of administration on said estate.' 
or show cause why such letters shall not be granted 
to the petitioner. 
14-15 JOSIAH W. ENO. 

IN THE COURT OF COMMON PLEAS OFJ 
Luzerne county. In Re ''etition of Magdalena 
Brebm to be declared a feme sole trader under the Act 
of Assembly, approved May 4, 1855. Now, March za, 
1B83, <^ filing^ the within petition, the court being sat- 
isfied of the justice and propriety of the application, 
direct notice thereof to be given in the Luzerne Legal 
Register for four successive weeks, and fix Monday, 
the i6th day of April, 1883, as the time for granting 
the within prayer of petitioner, and of making decree 
as prayed for. Bt the Court. 

MICHAEL CANNON, 
11-14 Solicitor. 



ESTATE of;ohn m. stackhouse, late 
of Shickshinny, deceased. 
J..etters of administration upon the above named 
esute having been granted to the undersigned, all 
persons having claims against the same will present 
th.:m for payment, and those indebted thereto will 
please make immediate payment to 

JAMES POST, 
I. P. HAND, Administrator. 

Attorney. 9-14 

ESTATE OF JOSHUA VINCENT, LATE OF 
Exeter township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
tor payment, and those indebted thereto will please 
make immeaiate payment to 

SUSANNA VINCENT, 
BENNETT & NICHOLS, Administratrix. 

Attorneys. 14-19 



ESTATE OF CHARITY PRINGLE, LATE OF 
Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
nake immediate payment to 



McKnne' 
14-19 



JACOB G. PRINGLE, Adm'r, 

1*8 P. O., Falls Twp., Wyoming Co., 

R. C. SHOEMAKER 



Falls Twp^, Wjrpmlng Co., Pa. 
Attorney. 



CHAS. D. FOSTER, 

Attorney at Law, 

Wiucbs-Barrb, Pa. 



W. 8. PARSONS, 

AXDERBCAN, 
Markbt Strbbt, Wilkbs-Barrb, Pa. 

CALVIN WADHAM8, 
Attorney at Law anb Notary Public, 

Wilkbs-Basrb, Pa. 

87 



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The Luzerne Legal Register. 



Vol, XII. Friday, April 20, 1883. No. 16. 



Copyright, 1883, by Geo. B. Kulp. 

John Richards, of Pittston,is a native of Woodstock, Vermont, 
where he was born August i6, 1830. He is a descendant of 
Thomas Richards, a Puritan, as to whom almost nothing can be 
gathered from the available records but his name. The exact 
time of his birth, arrival, and death is uncertain. From the ages 
of his children, and the *' advanced age" of his widow, in 1671, 
he is supposed, however, to have been born about 1600-5. His 
name does not occur on any record of Massachusetts or the 
Plymouth colony. This, considering the generally complete state 
of these records, makes it certain that he did not first settle at 
Cambridge, but might have tarried some years at Weymouth, 
and have afterwards joined Mr. Hooker, some of whose flock 
first settled at Weymouth, and subsequently at Cambridge. He 
was not of the one hundred original purchasers of Hartford, but 
one of the sixty-two original settlers to whom "were granted 
lotts, to have onely at the town's courtesie, with liberty to fetch 
woode, and keep swine or cowes on the common." The vote 
conferring the privilege passed February 10, 1639, when his wife 
was a widow. It was no doubt intended as a legal security to 
his heirs of what had been possessed by consent in his lifetime; 
nor wa^ it then an uncommon use of a representative name. He 
did not, probably, arrive at Hartford before 1637, and as he seems 
to have made no improvements, and as no use of his name in 
any record implies that he was alive even in 1638, he no doubt 
died soon after his arrival, and probably with those who fell, in 
1637, in the Pequod war. 

John, son of Thomas, was born in 1631. He married Lydia 
Stocking, and settled on the homestead in Hartford, where he 
served as collector of a tax of ;{^io, ** appointed" by the town in 
1655. 



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98 John Richards. 



Thomas, Deacon, son of John, was born at Hartford in 1666. 
He settled in the old homestead in Hartford, and was styled 
**Mr." in I70i,and in 1693 was by a vote of the town allowed to 
set a shop, which he was building, three feet in the highway. In 
1701 he was chosen lister and ratemakerand chimney-viewer for 
the south side of Little River, and in 17 13 grand-juryman. He 
married October 1,1691, Mary, daughter of Deacon Benjamin 
Parsons, of Springfield, and November 10, 1695, was with her 
received to full communion in the church at Hartford. He died 
April 9, 1749. 

Thomas, son of Deacon Thomas, was born April 3, 1694, and 
June 16, 17 17, married Abagail Turner, of Hartford. He resided 
in Southington, Conn., but probably died east of the line, in 
Wethersfield, Conn. 

Samuel, M. D., son of Thomas, was born October 22, 1726, at 
Hartford. When he was but one year of age his parents removed 
from Hartford to Southington, where he was brought up on a 
farm, with only the most scanty op[)ortunities for education. At 
the age of eighteen years he joined the expedition to Cape 
Breton, where, as a servant to a physician in the hospital estab- 
lished for New England troops, he had free access to medical 
books, and witnessed many operations and modes of treating dis- 
ease. After his return he continued his medical studies and 
observations, and eventually devoted himself to practice, and rose 
to eminence in the profession. In December, 1747, he married 
Lydia Buck, whose parents were from Scotland, where she was 
born in April, 1725. Dr. Richards died November 10, 1793. 

Samuel, Deacon, son of Dr. Samuel, was born September 17, 
1753, at Canaan, Conn. Of his youthful history nothing is 
remembered, but he is presumed, by some means, to having ob- 
tained uncommon advantages for education. During the Revo- 
lutionary war he served in the army as an ensign, was in several 
battles, and at West Point at the capture and execution of Andre. 
Before the close of the war he retired on half pay, and afterwards 
received a pension, and was a member of the Cincinnati. He 
settled in Farmington, Conn.; as a merchant, where he held the 
office of post-master for thirty-one years, and did business as a 
merchant until near the time of his death, which came to him at 



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John Richards. 99 



the age of eighty-eight years. He often served in town offices, 
and repeatedly represented Farmington in the Legislature of the 
State, and was highly respected for his discernment, sound judg- 
ment, probity, and responsibility. He married April 22, 1782, 
Sarah Gridley, who died March 16, 179S, and his second wife, 
Sarah Wells, April 27, 1796. She was the daughter of Jonathan 
Wells, of Glastenbury, Conn., by his wife, Catharine Saltonstall, 
and the granddaughter of Thomas Wells, and the great-grand- 
daughter of Samuel Wells, and the great-great-granddaughter 
of Thomas Wells, the emigrant. Mrs. Richards* mother was the 
daughter of Roswell Saltonstall, of Branford, by his wife, Mary 
(Haynes) Lord, the daughter of John Haynes, A. M., of Hartford, 
and granddaughter of Rev. Joseph Haynes, A. M., of Hartford, 
and great-granddaughter of John Haynes, Governor of Massa- 
chusetts, 1635, and the first Governor of Connecticut, 1639. 
Roswell Saltonstall was the son of Governor Gurdon Saltonstall, 
of New London, who was the son of Col. Nathaniel Saltonstall, 
of Haverhill, and grandson of Richard Saltonstall, of Ipswich, 
and great-grandson of Sir Richard Saltonstall, embassador from 
England to Holland. In a funeral sermon preached by President 
Lord, of Dartmouth College, on the occasion of the death of 
Rev. John Richards, D. D., the son of Samuel Richards, he used 
the following language: " His father was an officer of the Revo- 
lution, a good Christian, and an honest man. He was a deacon 
of the church, held responsible offices in the General and State 
Governments, and was a pattern of the civic and Christian virtues 
of the old school, which has now nearly passed away. An intel- 
ligent friend characterized him as the best specimen of the old 
Puritan stock of New England that he had known. He com- 
manded his children and his household after him to fear God." 
Deacon Richards* only daughter by his second wife was Cornelia, 
who married November 9, 1826, John Lord Butler, of Wilkes- 
Barre, Pa., grandson of Colonel Zebulon Butler. Her daughter 
Sarah is the wife of Hon. Stanley Woodward, of this city. Mr. 
Richards died at Wilkes-Barre, December 31, 1841. 

Rev. John Richards, D. D., the father of the subject of our 
sketch, was the only son of Deacon Samuel by his second wife, 
Sarah Wells. He was born March 14, 1797, at Farmington. 



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100 John Richards. 



President Lord, in a discourse at his funeral, said: "At ihe age 
of seventeen, being then a clerk in the neighboring city of Hart- 
ford, and intended for mercantile pursuits, he came under the 
ministry of the venerable Dr. Strong. He was greatly instructed 
and moved by the preaching of that distinguished man. His 
mind became profoundly engaged upon the great doctrines of the 
gospel, and after many spiritual conflicts his heart was bowed to 
Christ. Then he returned to Farmington, resolved upon a differ- 
ent pursuit of life, and said with his characteristic, abrupt, and 
unstudied air, 'Father, I want to study and to preach the gospel.* 
Twas said and done. He became, in due time, a student at 
Yale. During his junior year, being then more quickened in his 
religious feelings, he made profession of his faith. He grad- 
uated with honor in 1821; at the Theological Seminary, Andover, 
Mass., in 1824; was then for one year an agent of the American 
Board of Foreign Missions; from 1827 to 1 831 an honored 
pastor at Woodstock, Vt.; then till 1837 an associate editor of 
the Vermont Chronicle, and in 1 841 was installed as pastor of the 
church at Dartmouth College." He married in June, 1828, 
Emily Cowles, the sister of Hon. Thos. Cowles. of Farmington. 
She was the daughter of Zenas Cowles, a merchant of Farming- 
ton, who was the son of Solomon, who was the son of Isaac, 
who was the son of Samuel, who was the son of John Coles, 
one of the seven original members of the church at Farmington 
at its foundation, October 13, 1652. Mr. Richards died March 
29, 1859. 

Mr. Richards, the subject of our sketch, graduated at Dartmouth 
College in 1851. He studied law at Hartford, Conn., with John 
Hooker and Hon. Joseph R. Hawley, and was admitted to the 
bar of Hartford county in 1853. His health failing, he went in 
the field with a corps of engineers, and remained for three years. 
In 1856 he removed to Pittston, and was employed by his rela- 
tives, John L. and Lord Butler, at their coal works in Pittston, 
and in 1857 was supercargo of the first boat of coal shipped at the 
opening of the extension of the North Branch Canal from Pittston 
to Elmira, N. Y. He then entered the office of A. T. McClintock, 
and was admitted to the bar of Luzerne county April 5, 1858. 
He practiced law until 1863, when he became a private in Capt. 



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John Richards. ioi 



Stanley Woodward's company of Pennsylvania Volunteers. He 
became sick, and was in the hospital at Chambersburg for some 
considerable time, and has never fully recovered. 

In 1870 Mr. Richards resumed the practice of his profession, 
and ever since then has remained actively engaged thereat. He 
is not an eloquent speaker, and makes no pretensions to forensic 
excellence or elegance. He is, however, a patient and persever- 
ing reader and student, and a conscientious practitioner of the 
law, and is, therefore, always well equipped as a counsellor to 
advise clients safely and judiciously as to the best methods of 
enforcing their rights and defending their interests in the courts- 
Time was when only the great orators, the men of marvelous 
eloquence, who talked tears to the eyes of jurors and court 
loungers, were recognized as leaders in the profession of law, 
when, in fact, it was possible for but few others to achieve therein 
either distinction or a competence. The finished elocutionist, 
the sublime rhetorician, the lawyer who brings the bench and 
box willing worshippers to the shrine of his great eloquence, 
still walks head and shoulders, in the estimation of the on-looking 
general public, above his fellows at the bar, but there are now-a- 
days a class of practitioners, practically unknown to the past, 
whose quiet advice is the one thing golden, both to their clients 
and to themselves. These, by persistent research, familiarize 
themselves thoroughly with the letter and spirit of the common 
and the statute law, and with the practice of the courts, possess 
themselves of every detail, however insignificant, of their clients' 
cases, and, thus prepared, advise unerringly as to the course that 
will involve the least delay and bring the surest remedy. Every 
here and there in the older States are representatives of this 
class, whose voices are scarcely ever heard in a court room, 
whose names seldom find their way into the public print, yet 
who have amassed large fortunes in legitimate practice, and 
brought to speedy and successful arbitrament complicated issues, 
involving, perhaps, millions of capital and untold private and 
prized rights and interests. In the humbler ranks of this goodly 
contingent, John Richards occupies no unenviable place. 

His genealogy, above given, shows him to come of most ex- 
cellent stock, and it is but little to say that in both his busy 



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I02 Mangan v. McMonegal. 



professional career and private life he has done full honor to his 
ancestry and the name he inherited from them. He is of a most 
unassuming demeanor, yet an enjoyable companion, and, where 
his affections attach, a warm, even an enthusiastic, friend. It is 
the speech of all who know him that he is a good man, who has 
led a good and useful life, that in justice merits, when the mea- 
sure of his years shall have been fulfilled, a good and peaceful 
ending. 

Mr. Richards has been for many years a member of the Pres- 
byterian Church, and is a Trustee of the same. He has also 
been a Director of the People's Bank, and a member of the 
Borough Council of West Pittston. 

Mr. Richards was married January 22, 1873, ^^ Susan B. 
Chadwick, daughter of George Chadwick, A. M., the son of 
Joseph and Mary (Parker) Chadwick, who was born at Bradford, 
Mass., October 5, 1802, and died at Boston November 11, 1843. 
He studied medicine with Dr. Rufus Longley, of Haverhill, 
Mass., Dr. Winslow Lewis, of Boston, Mass., and at Dartmouth 
Medical College, graduating M. D. in 1828. He began practice 
at Ipswich, Mass., removed to Chelsea, Mass., and thence to 
Boston, leaving practice and going into mercantile business. He 
married Susan Brewster, daughter of Benjamin Joseph Gilbert, 
of Boston. Mr. and Mrs. Richards have a family of four children. 



dourt of (llommon Ipkas of Cujcnte (!Iotiut2. 



Mangan v. McMonegal. 

Practice — Summons ^ service of— Amendment of return. 

The return of service of a summons may be amended, notwithstanding the sheriff who made it has 
gone out of office. 

Rule to Strike off judgment, and to set aside service of writ. 

The opinion of the court was delivered April 25, 188 1, by 

Rice, P. J. — The return to this writ is as follows: "I hereby 
certify and return that I served this writ May 31, 1880, on within 



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Miller v. Miller. 103 

named defendant by leaving a true and attested copy of within writ 
at his residence with an adult member of his family!' It is not 
shown that the writ was improperly served, except as it may be 
presumed from the return. It has been said in several cases 
that the return is irregular, because it leaves it doubtful in which 
of the two methods of service by copy allowed by the statute the 
writ was served. It is possible that what has been said as to this 
question may have to be reconsidered, but it is not necessary to 
do so in this case, for the reason that if the return is defective it 
is amendable, and such an application was made on the argument 
of the rule. Neither do we think that the defendant can object 
to the allowance of the amendment, that the officer who served 
the writ has gone out of office. If the writ was properly served, 
he cannot, under the circumstances of this case, be harmed by 
having it properly returned, and we therefore allow it. 

And now, April 25th, 1 881, upon the return to the writ being 
amended, it is ordered that the rule to set aside the service be 
discharged; the rule to set aside the judgment is made absolute, 
the defendant to appear, plead, and file affidavit of defense on or 
before the first day of May term, 1881, otherwise judgment. 

John McGahren, Esq., for plaintiff. 
John Lynch, Esq., for defendant. 



Court of Common |pkas of Cujcnu Counto. 



Miller v. Miller. 

Divorce — A limony pendente lite — Counsel fees. 

X. The wife petitioned for divorce on the ground of desertion ; the husband's answer simply denied 
the all^ations of the petition : Held, that she was entitled to a reasonable allowance for counsel 
fees, etc. 

3. A woman who is living in a state of adultery has no claim upon her husband for support, and 
where this is shown clearly the court will refuse an application for ^voioxiy pendente lite. 

Rule to show cause why the respondent shall not pay the 
libellant a reasonable sum to provide an attorney and procure 
witnesses in her cause, and to maintain and support her ad litem. 



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I04 Miller v. Miller. 

I 

The opinion of the court was dehvered November 27, 1882, by 

Rice, P. J. — We conclude, after a careful consideration of the 
evidence taken on this rule, that the application for alimony 
pendeyite lite ought to be refused. A woman who is living in a 
state of adultery has no claim upon her husband for support, and 
where this is clearly shown the court will, in the exercise of their 
discretion, refuse an application of this nature. The reasons for 
this rule are forcibly stated by Thayer, P. J., in Stock v. Stock 
(11 Phila. 324.) 

The request for an allowance for counsel fees rests on a differ- 
ent basis. The answer of the respondent does not charge adul- 
tery against the libellant, and to meet the issue, as the respondent 
has seen fit to present it, she is entitled to a reasonable allowance 
to pay counsel and to procure the attendance of witnesses. 

And now, November 27, 1882, upon due consideration of the 
evidence taken on the rule granted October 2, 1882, the applica- 
tion for alimony /^;/^^«/^ lite is refused, but it is ordered that the 
respondent, within twenty days from this date, pay to the libel- 
lant, or to her attorney of record, the sum of twenty dollars as 
counsel fees, and the sum of five dollars to procure the attend- 
ance of witnesses. 

E. G. Butler, Esq., for libellant. 

M. E. Walker. Esq., for respondent. 



Railroad engines are now provided with a hose and pump to 
throw water on burning cars, but when a train has jumped the 
track the engineer is too busy digging himself out of the debris 
to think of experimenting with the apparatus. 



A South Carolina baby has four arms. If it is a male infant, 
and lives to become a man, he'll be apt to take to slinging beer 
for a living. Either at that or hugging the girls four arms are 
very useful. 



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LICENSES. 
Notice is hereby given that the following persons 
have filed their applications for license to keep hotels 
uid restaurants, and to sell liquor by the quart, in the 
office of the Clerk of the Court of Quarter Sessions of 
the county of Luzerne, and that said applications will 
be beard by the court on Monday, April 30, 1883 : 

HOTEL. 
Hayes .... John L. Jones » . . . Freeland. 
Hines .... Arthur Featherston . Wilkcs-Barre. 



Hayes. . . 

Kline . . . 

Hayes. . . 

Hahn . . . 
McAlamey 

Powell . . 

O'NeiU . . 

Gates . . . 

O'Neill . . 

J- L. L . . 

tyscm . . 

Taylor . . 
Campbell . 

Famham 
14-16 



RESTAURANTS. 
. Cathanne Wa-ssner . . 



Freeland. 



. James Sharpe 

. Jacob Schneider . . . Hazlelon. 

. Denis Boyle " 

. Ludwig Michalowski . Nanticoke. 

. Thomas Brennan . . Plymouth Tp. 

. W. A. Wagner ... 

. William Lawler . . . Parsons. 

. David Richards . . . Pittston Tp, 

. Thomas Keats .... Pittston. 

. Thomas Bums .... Pleasant Valley. 

. P. B. Brehony .... 

. William Leslie . . . . Wilkcs-Barre Tp 

. James Wallace . . . Wilkes-Barre. 

BY THE QUART. , . ^ 

. W. B. Evans .... Kingston Tp. 
L. K. STRENG, Clerk Q. S. 



SHERIFFS SALE. 
The following property will be sold by the 
Sheriff, Wm. O'Malley, at the Arbitration room, Court 
House, in the city of Wilkes-Barre, on Tuesday, May 
1, 1W3, at 10 o'clock A. M., viz. : 
Suit of Ella G. Turner v, John Nealon. 
161 May term, 1883. Debt, 13,146.16. Fi. fa. 55 
May term, 1883. E. P. & J. V: ' " 



V. Dariing, 



A. J. Dietrick, '}Atfys. 

A lot of land in the borough of Plymouth, bounded 
00 the south by Main street, on the west by lands of 
Samod Snyder, on the north by an alley, and on the 
cast by lands of James Lee, being 22 feet in front, and 
14S feet In depth, containing 3,340 square feet of land, 
improved by a cellar and wall erected thereon. 15-17 



ORPHANS' COURT SALE. 
Estate of John Fry, deceased. By virtue of an 
order of the Orphans' Court of Luzerne county, the 
undersigned will expose at public sale, at the hotel of 
Joel Martin, in Falls Run, Black Creek township, on 
Friday, May 4, 1883, at 10 o'clock A. M., the follow- 
ing described real estate in said village of Falls Run : 

1 All that lot of ground distinguished on the plot 
of Ellias Smith and Henry Croll as lot No. 72, begin- 
ning at southeast corner ot Chestnut and Falls streets, 
thence east by Falls street 150 feet to an alley, south 
50 feet to comer of lot No. 73, thence east by lot No. 73 
150 feel to Chestnut street, thence by said Chestnut 
street north 50 feet to the place of beginning, contain- 
ing 7,500 square feet, more or less, with a i J^-story 
frame dwelling house thereon. 

a. All that lot of land distinguished on the plot of 
Elias Smith and Henry Croll as lot No. 73, beginning 
at a comer of lot No. 72 on Chestnut street, thence 
east by said lot No. 72, 150 feet to an alley, thence 
south by said alley 50 feet to a corner of lot No. 74, 
thence west by said lot No. 74 to said Chestnut street, 
and thence north by said Chestnut street to the place 
of beginning, containing 7,500 square feet, more or 
less, with a two-story frame dwelling house thereon. 

3 All that lot of ground distinguished on the plot of 
Elias Smith and Henry Croll as lot No. 43, beginning 
at Penn street, thence north along said street 50 feet 
front, thence west along Falls street 150 feet, thence 
south by an alley 50 feet, thence east along lot No. 42 
150 feet to the place ot beginning, containing 7,50-) 
square feet, more or less, with a two-story frame dwell- 
ing house thereon. 

Tbkms of Sale— 3o per cent down, » per cent to 
be paid on confirmation of sale, and the balance in one 
year from confirmation of sale ; to be secured on the 
premises, with interest from confirmation. 

STEPHEN TURNBACK, 

ALEXANDER FARNHAM, Executor. 

Attorney. 15-17 



AUDITOR'S NOTICE. 
The undersized, an Auditor, appointed by the ^ ^ Lackawanna and Bloom"sburg Railroad, where 
Court of Common Pleas of Luzerne county to distnb-, d^„i... d j„- „-:j -..:i_„„j — j _.J..: 



ORPHANS' COURT SALE. 
Elstatc of Job Kocher, dec'd. By virtue of an 
order of the Orphans' Court of Luzerne county, the 
undersigned will .sell at public sale, at Yaple's Hotel, 
in the borough of Shickshinny, on Friday, May 4th, 
188^, at It o'clock A. M., the following piece of land 
in Salem township, commencing on the northwest side 



t fund in the hand-s of the Executors of the estate 
of Hendrick B. Wright, Tmstee of the estate of A. N. 
Meylert. will attend to the duties of his appointment, 
at his office, in the city of Wilkes-Barre, on Saturday, 
May 5, 1883, at 10 o'clock A. M., when and where all 
parties interested are hereby notified to appear. 
.GEORGE R. BEDFORDa 
15-18 Auditor. 



UDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 



Rocky Run p.isses under said railroad, and running 10 
perches, thence i6 perches, thence la perches, thence 
13 perches, thence 16 perches, thence 4 perches to a 
[>ost and stones, the beginning of land belonging to 
Job. Kocher, which is divided as follows : thence from 
fast mentioned comer 40 perches to a stump and stones 
' comer, thence 40 perches to a rock oak corner, thence 
1 40 perches to a stake and stones corner 8 feet from high 
ledge of rocks, thence 40 perches to the place of begin- 
ning, containing 10 acres of land ; improved, with a 
frame dwelling house and outbuildings thereon. 
Terms of Salb — ^loo aown on day of sale, and the 



Court of Common Pleas of Luzerne county to marshal 1 balance on the confirmation of the sale 



the liens against the real estate of Daniel Hinkle, will 
attend to the duties of his appointment, at his office, 
in the city of Wilkes-Barre, on Thursday, May 3, 1883, 
at 10 o'clock A. M., when and where all parties inter- 
ested are hereby notified to appear. 

JOHN B. REYNOLDS, 
14-17 Auaitor. 



UZERNE COUNTY, ss : 



REUBEN GODSHALL, 
ISAAC P. HAND, Executor. 

Attorney. 15-17 

RE INCORPORATION OF EDWARDS 
borough, in the county of Luzerne. Application 
having been made to the Court of Quarter Sessions of 
Luzerne county by certain citizens of Kingston and 
Plymouth townships, asking that certain territory 
therein described should be incorporated into a bor- 



1 b 



In the Court of Common Pleas of said county. 'ough, to be named Edwards, the court, on the 16th 
No. 23, January term, 1883. Libel in divorce a vin- day of April, 1883, directed the petition to be filed, and 
cuk) matrimonii. Emma Stevens, by her next friend, fixed May 29th, 1883, ^^ 9 o'clock A. M., as the time 
John Pai^ey, v. Alexander A. Stevens. The alias for presenting the same before the Grand Jury for 
subpoena in the above case having been retumed non i approval thereby ; notice to be given thereof by publi- 
"st inventus, you, the said Alexander A. Stevens, are cation according to law. 

hereby notified to appear at said court, on Monday,' In pursuance thereof, notice is hereby given to all 
the 14th day of May, 1883, at 10 o'clock A. M., to parties interested to be present before the Grand Jury, 
answer the complaint therein filed. !if they so desire, at the time fixed, as above suted by 

WILLIAM O'MALLEY, the court. 

D. M. JONES, Sheriff. I H. B. PAYNE, 

Sohcitor. 13-16 16-19 Solicitor 

89 



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SHERIFFS SALES. 
Abstract of properly to he soM by Wm. O'Malley, 
Sheriff of Luzerne county, on Saturday, May 12th, 
A. D. 1883. at lo o'clock A. M.. at the Arbitration 
room, in tne Court House, Wilkes-Barre, who will 



of lot No. 32, and the northwesterly half of lot No. 34, 
in the river tier ol meadow lots in old certified Ply- 
moiiih, beginning at a corner In the line dividing certi- 
fied lots Nos. 31 and 37, thence 133J4 rods more or lea 
to the low water line on the Susquehanna river, thence 



proceed with the different properties in the order in the whole width of certified lots Nos. 32 and 31, and 
which they are numbered^ to wit : ito the center of certified lot No. 34, about 58}^ nxis to 

X a corner, thence 147 3-10 perches to the line of the flat 

Suit of Estate of Sylvester Dana, dec'd, v. Arnold 'road, thence along the same about 15 36-100 rods to the 
Bertels. | corner of lot No. 32, thence along the line dividing lots 

112 May term, 1881. Debt, 15,164.50. Al. lev. fa. , Nos. 32 and 33, 23 rods more or less to a corner, thence 



34 March term, 1883. Bennett & Nichols, Att'ys. 

A piece of land in the city of Wilkes-Barre, begin- 
ning at the west comer of Dennis Quillan's lot, on the 
southeast side of Main street, at a point nearly opposite 
intersection of Sullivan street witn said Main street 



across lot No. 3a, 22 J4 rods to the place of beginning, 
and containing 48 acres, be the same more or less; coal 
reserved ; all improved. 

6 
Suit of D. S. Stark, now assigned to Jonas Long, v 



thence along said Quillan's land 202 feet, thence 19 Caroline Lengfcldt. 
feet, thence 131 feet to the Wyoming Canal, thence I 477 September term, 1879- Debt, $5,000. Fi. fa 
along said canal 86 feet and 9 inches, thence 292 feet 65 May term, 188^. Strauss. Att'y. 

to said Main street, thence along said Main street 50, All that lot of land in the city of Wilkes-Barre, be- 
feet to the place of beginning, containing 18,000 square | ginning at a comer on Main street, same being also a 
feet of lana, more or less; all improved, and havingjcomcr of land lately of B. Frauenihal, thence along 
creeled thereon one two-story frame dwelling house, Main street northeasterly 20 feel to land lately prop- 
one frame bam, and other outbuildings. jcrty of Samuel Frauenihal, thence by the said Samuel 
a Frauenihal about 225 feet to back line of land lately 

Suit of Thomas T. Hess and Hannah Hess, Admin- 'property of Washington Lee, thence by same 20 feet 
istralors of Philip Hess, dec'd, v. Abraham Leirguth.iio land lately of B. Frauenihal, thence aJon,; the same 

9S8 September term, 1878. Debt, $500. Fi. fa 21 1 225 feet to place of beginning; excepting that strip 6 
May term, 1883. , Risner, Att'y. .inches in width sold to B. Frauenihal, and also all the 

All that lot of ground in the township of Butler, be- 1 defendant's rights arising under party wall agreement 
ginning in the center of the road leading from Hazleton I with Samuel frauenihal; all improved, with one three- 
to Wilkes-Barre, thence by lot around by Mrs. Durst story brick building, used as a store and dwelling, one 
20 perches to corner of Michael Bershline's land,|one-story brick addition to the story, and one one-story 
thence by land of Michael Bershline's estate 7 perches'brick kitchen, and outbuildings thereon. 16-18 

to comer in same and line of Henry Schleppy's lot 
thence by lot now or late in the occupancy of D. P 
Rakes as tenant 34 perches to center oi said road lead 
ing towards Hazleton. thence along center of said road 



N 



OTICE IS HEREBY GIVEN THAT AN 

application will be made to the Governor of the 



by land of Hannah Jane Roberts to place of begin- Commonwealth of Pennsylvania, under the provisions 
ning.conuining 1 acre and 112 perches; all improved, of the Act of Assembly, entitled "An Act to provide 
and having erected thereon a two-story frame dwelling for the incorporation and regulation of certain corpora- 
house, a frame bam, and other outhouses. iiion." approved April 29th, 1874, and the supplements 

3 'thereto, for the charter of an intended corporation, to 
Suit of Use of D. B. Koons v. Wesley Wolfinger. ;be called " The Kingston Water Company," the char- 
329 May term, 1883. Debt, $84.06. Fi. fa, 63 May'acter and object whereof is the supply of pure water 

term, 1883. J, Lynch, Ati'y. 'to the borough of Kingston and parts of the adjoining 

All that tract of land in the township of Fairmount, townships of King-^ton and Plymouth, in Luzerne 
bounded on the north by lands now or late of William 'county, Pennsylvania, and for these purposes io4iave, 
P. Robinson, on the east by lands late of Taob P. I possess, and enioy all the rights, benefits, and privil- 
Smith, estate of S P. Headley,and William Marshall. !eges of the said Act of Assembly and its supplements, 
on the south by lands of William Marshall and Wesley! CHARLES D. FOSTER, 

Finslcy, on the west by lands of Daniel Wolfinger,' 15-17 Solicitor. 

containing about 120 acres ; about 60 acres improved,! ^ 

balance unimproved, and having erected thereon two 

small dwelling houses and barn and outbuildings ; also VT OTICE IS HEREBY GIVEN THAT AN 

two orchards. 1 J\| application will be made under the Act of Assera- 

4 Ibly, entitled "An Act to provide for the incorporation 
Suit of the Pennsylvania Coal Co. v. Mrs. Catharine 'and regulation of certain corporations," approved April 

Joice. 129th, 1874, and the supplements thereto, to the Judges 

95 May term, 1883. Debt, «i,ooo. Fi. fa. 17 May of the Court of Common Pleas of Luzerne county, on 

term, 1883. A. H. McClintock, Att'y. [Monday, May 21st, 1883, at 10 o'clock A. M., for the 

The surface of two lots in the borough of Pittston, incorporation of an intended coporation, to be called 

being lots No. soon Broad street and No. 27 on Tunnel •« St. James' Lutheran Church," of Hollenback, the 

street, described as follows : ! character and objects of which are the worship of God 

1. Lot No. 50 being 58 feet in fronton Broad street, according to the forms and usages of the Lutheran 
102 feet on an alley at the rear, and 130 feet deep rft' Church in the State of Pennsylvania. 

right angles, containing 10,400 square feet of land; re- A. R. BRUNDAGE, 
serving coal; all improved, with a two-story wooden i6-i8 Solicitor, 
dwelling and outhouses. 1 ^ ._ ^ _ ^ . . __ 

2. Lot No. 37 being loa feet in front on Tunnel 

street, 58 feet on the alley at the rear, and 130 feet deep KJ OTIC K IS HEREBY GIVEN THAT AN 
at right angles, containing 10,400 square feet of land ;i i^ application will be made to one of the Judges- 
reserving coal. of the Court of Common Pleas of Luzerne county, 

5 ! under the provisions of the Act of Assembly, entitled 
Suit of Annie A. Wright, Carrie G. Wright, and "An Act to provide for the incorporation and rcgula- 

George R. Wright, Executors of the last will and tes- tion of certain corporations," approved April 29, 1874, 

lament of Hendrick B. Wright, deceased, v. Davidtand the supplements thereto, on Monday, May Mthj 

Bradley. 1883, at 10 o'clock A.M. , for the charter of an intended 

Suit of Emily L. Wright V. David Bradley. corporation, to be called "The Welsh Calvanisiic 

35 and 26 June "T., 1882. Debt, $7739 and $2579.86. Methodist or Presbyterian Church," of Ashley, the 

Lev. fa. 60 and 61 May T., 1883. Sturges, Alt y. character and objects of which arc to purchase lands 

The surface of the following described piece of land,' and erect buildings for the support of public worship. 

on Shawnee flats, in the township of Plymouth, and j W. H. HINES, 

composed of the whole of lot No, 33, the southeast end 14-16 Solicitor. 



90 



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NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act for the incorporation and regula- 
tion of banks of discount and deposit," approved May 
13. 1876. and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the " Nanticoke Bank," and to be located in the bor- 
ough of Nanticoke, Luzerne county. Pa., the character 
and objects of which are the carrying on the general 
business of banking as a bank of deposit and discount. 

W. H. HINES, 
14*24 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of Judges of the 
Court of Common Pleas of Luzerne county, under the 
provisions of the Act of Assembly, entitled "An Act to 
provide for the incorporation and regulation of certain 
corporations/' approved April aqth, 1874, and the sup- 
plements thereto, on Monday, May 14th, 1887, for the 
incorporation of an intended corporation, to be called 
"The German Evangelical Protestant Church," of 
Nanticoke, the character and objects of which are for 
the support of public worship, 

W. H. HINES, 
14-16 Solicitor. 

ESTATE OF RICHARD DEARIE, LATE OF 
Wilkes-Barre, deceased. 
I^eners of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
thim for payment, and those indebted thereto will 
please make immediate payment to 

GEORGE DEARIE, 
A. FARNHAM, Administrator. 

Attorney. 16-21 



ESTATE OF CHARITY PRINGLE, LATE OF 
Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to_ _ _ 

McKune' 



JACOB G. PRINGLE, Adm'r, 
's P. O., Falls Twp., Wyoming Co., Pa 



14-19 



R. C. SHOEMAKER, 

Attorney 



ESTATE OF JOSEPH VVHIPP, LATE Ob 
Exeter township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

WM. H. WHIPP, 
HANNAH WHIPP, 
PALMER, DEWITT & FULLER, Executors. 
13-18 Attorneys. 



ESTATE OF JOHN SIMMER, LATE OF THE 
township of Newport, deceased. 
Letters of administration upjn the above named 
atate having been granted to tne undersigned, all per-' 
SODS having claims against the same will present them 
for payment, and those -indebted thereto will please 
make immediate payment to 

JAMES M. NORRIS, 
W. S. McLEAN, Administrator. 

Attorney. 16-21 

ESTATE OF TAMES BIRTH, LATE OF ROSS 
township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present thtm 
for payment, and those indebted thereto will please 
make immediate inyment to 

JAMES CROCKETT, 
16-21 Administrator. 



ESTATE OF JULIA ROBERTS, LATE OF 
Hughestown, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ALFRED P. HOUSE. 
FRANCIS H. CHIVERS, 
F. C MOSIER, Administrators. 

Attorney. 12-17 

ESTATE OF DANIEL JONES, LATE OF THE 
borough of West Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JACOB KERN, 
JOHN W. NIMMO, 
GEO. S. FERRIS, Adm'rs c. t. a. d. b. n. 

Attorney. 11-16 



ESTATE OF GEORGE SMILNUK, LATE OF 
Hazlc township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ANDREW BERKLEY. 
B- McMANUS, Administrator. 

Attorney. 12-17 



ESTATE OF NILS JOHNSON, LATE OF THE 
borough of Parsons, deceased. I 

Letters of administration upon the above named 
estate having been granted to the undersigned , all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JOHN JOHNSON, 
»6-2i Administrator. 

ESTATE OF ANDREW LEE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

E. P. DARLING, 
JOHN WROTH. 
>6-2i Executors 



ESTATE OF JOSHUA VINCENT, LATE OF 
Exeter town.ship, deceased. 
• Letters of administration upon the above named 
estate having been granted to the undersigned, .ill per- 
sons having claims against the same will present them 
tor payment, and those indebted thereto will please 
make immediate payment to 

SUSANNA VINCENT, 
BENNETT & NICHOLS, Administratrix. 

Attorneys. ^4-19 



ESTATE OF REBECCA PETERS, LATE OF 
HoUenback township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
|Sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

DANIEL BLOSS, 
J. T. LENAHAN, Administrator. 

Attorney. 12-17 

9' 



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Google 



ESTATE OF JOHN HENRY, LATE OF THE 
town&hip ofNescopcck, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will plea«^ 
make immediate payment to 

C. B. JACKSON, 
11-16 Administrator. 



ESTATE OF ELLEN MADDEN, LATE OF 
Pittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

EDWARD GILLORAN, 
14-19 Administrator. 

ESTATE OF ANN WILLIAMS, LATE OF 
Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the . undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RICHARD J. WILLIAMS, 
11-16 ' Executor. 



ESTATE OF MARY E. PETERS. LATE OF 
Hollenback township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

DANIEL BLOSS, 
J. T. LENAHAN, Administrator. 

Attorney. 12-17 



McLEAN & JACKSON, 

Attorneys at Law, 

Wilkrs-Barkb, Pa. 



chas. d. foster, 

Attorney at Law, 

Wilkks-Barhb, Pa. 



ESTATE OF MARY E. MACCARTNEY, LATE 
of Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersisned, all 
persons having claims against the same will present 
them for payment, nnd those indebted thereto will 
please make immeaiate payment to 

C. B. JACKSON, 
11-16 Administrator c. t. a. d. b. n. 



W. vS. PARSONS, 

Alderman, 

Market Strbbt, WiLKBS'BARkE, Pa. 



CALVIN WADHAMS, 
Attorney at Law and Notary Public 

Wilkbs-Bakrb, Pa. 



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The Luzerne Legal Register. 



Vol. XII. Friday, April 27, 1883. No. 17. 



(ffotnrt of €ammcm JJkos of Cujerne €otint2. 



Myers et aL v. D evens et al. 

Nrm trial— Bjtcimtnt — Act March 27 ^ 1867, P. L. 47 — Evidence— Competency qf party as witness. 

I. Practice in granting new trials, for improper statements of counsel in argument of case, discussed. 

t. As a general rule, the failure of opposing counsel to object at the time will prevent the granting 
of a new trial. 

3. A disclaimer under the act of March 37, 1867 (P. L. 47), relating to actions of ejectment, may be 

filed on the trial of the case. If the opposite party is surprised, the court will prevent injustice 
by continuing the case. 

4. If the disdaimant pays the costs, and foUovrs his disclaimer by an asisignment or release, he is 

made a competent witness by the act of 1867 {supra). 

$. It seems that after the disdaimant had complied with the provisions of the act of z867(x«/ra), he 
would be a competent witness without the execution of the subsequent assignment. 

6. Competency of parties as witnesses, as affected by the statutes, discussed. 

Rule for new trial. 

The opinion of the court was delivered December 1 1, 1882, by 

Rice, P.J. — The first reason urged for a new trial is the alleged 
misconduct of the defendants' counsel in his opening address to 
the jury. The practice with relation to granting new trials for 
this cause has been fully discussed in the cases of Monroe v. 
The D. L. & W. R. R. Co. and Sweeney v. The L. V. R. R. Co. 
In addition to what is said in those cases, we will briefly refer to 
the alleged objectionable statements of counsel. We cannot say 
that the statement, that Philip Myers was a man of bad temper 
and abusive, was entirely illegitimate. The plaintiffs' witnesses 
had been examined on that subject, and, in one view of the case, 
positive proof of the fact might possibly have been admissible. 
The statement that he had taken four thousand dollars dishon- 



Digitized by VjjOOQIC 



io6 Myers v. Devens. 



estly in the negotiation of a certain lease, was entirely outside 
the case, and ought not to have been made. But we are not 
satisfied that it tended to prejudice the minds of the jurors. It 
might have done so had his honesty been a matter in issue, or 
had he been a party or witness in the cause. But he was neither, 
and the jury could not help seeing that the fact of his dishon- 
esty, whether proved or not, had nothing to do with the cause. 
Objectionable as the remark was, it could not have influenced 
the jurors in their verdict. What Mrs. Devens had told her 
counsel with relation to the declarations of her husband in his 
lifetime was not properly stated to the jury. We think, however, 
that when the counsel proceeded to make this statement, the 
plaintiffs' counsel ought to have made immediate objection. 
Had he done so, the present cause of complaint would have been 
avoided. But aside from this, we have no report of what these 
remarks were, nor do we remember them ; therefore we are una- 
ble to form any opinion as to their probable effect on the jury. 
The statement as to the improvements which the defendants had 
made on the premises, although we subsequently rejected the 
evidence, was apparently made in good faith, and in the honest 
expectation of establishing the fact by proof. This being the 
case, the counsel cannot be justly charged with misconduct in 
this particular. Finally, while we conclude that, under all the 
circumstances, a new trial ought not to be granted for the reason 
urged, we wish to be understood as emphatically disapproving 
of the wide latitude which members of the bar too frequently 
take in opening and arguing cases to the jury, and in remarks 
made in the hearing of the jury during the progress of the trial. 
The prominence which this subject has recently had in our courts 
will undoubtedly be followed by greater care in these particulars. 
If the jury believed the testimony of Catharine E. Devens, 
they were authorized to infer from Mrs. Myers* declarations and 
admissions to her that Mrs. Myers had "dispensed" with the 
services of Mr. Devens, and that thereupon, under the conditions 
of the will of Madison F. Myers, the entire estate had become 
absolutely vested in Mr. Devens. The effect of the admission 
was not that her son, Philip Myers, had, of his own motion, dis- 
charged Mr. Devens, but that she had discharged him, or "dis- 



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Myers v, Devens. 107 



pensed with his services," to use the language of the condition 
in the will, on the advice of her son. As to these declarations 
there was a direct conflict of testimony between Mrs. Myers and 
Mrs. Devens, which, we think, was properly submitted to the jury. 

Was Mrs. Devens a competent witness? Madison Myers, by 
his will, probated October 10, 1859, devised the land in contro- 
versy, then in the occupancy of Henderson G. Devens, to John 
D. Hoyt, in trust for the said Devens, so long as he should faith- 
fully continue in the service of his widow, Harriet Myers, until 
the youngest child of the devisor should arrive at the age of 
twenty-one years, or until his widow should, in her discretion, 
dispense with his services, if she should see proper sooner to 
dispense with them, then and in that case in trust for the sole 
use and behoof of the said Devens, his heirs, etc. 

Mr. Devens continued in the service of Mrs. Myers about two 
years after the death of Madison Myers. When he left the 
service of Mrs. Myers the youngest child of the devisor was not 
of age. Mr. Devens continued to live upon the premises in dis- 
pute until the time of his death, and thereafter his widow^ Cath- 
arine E. Devens, and children, who were the defendants in the 
writ, lived upon the premises until the time of trial. 

The plaintiffs having shown title in Madison Myers, and the 
devise, on condition, to Mr. Devens, introduced testimony to 
show that he had voluntarily abandoned the service of Mrs. 
Myers, and then rested. 

The defendants then filed the disclaimer of Catharine E. 
Devens, the widow, and one of the defendants, " of all title to the 
premises in controversy at the time of action brought," paid all 
the costs taxed, and gave bond for all other costs that might 
have accrued up to the time of the claimer filed, and offered her 
as a witness to prove the admissions of Mrs. Myers, to which we 
have heretofore alluded. These admissions were alleged to have 
been made in the lifetime of Henderson G. Devens. 

At common law, Mrs. Devens would not have been a compe- 
tent witness for two reasons: first, because she was a party to 
the record; second, because, though she had not been a party, 
she was interested in the result of the issue, i Greenl. Ev. 

§§ 329, 389. 



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io8 Myers v. Devens. 



This disqualification was not removed by the act of April 15, 
1869, or subsequent legislation, except so far as to permit her to 
testify to matters occurring after the death of Henderson Devens, 
under whom the defendants claim title. Hess v, Gourley, 8 Nor. 
95 ; Ewing v, Ewing, 9 W. N. C. 489. 

The act of March 27, 1867 (P. L. 47; P. D. 624,//. 14), pro- 
vides as follows: "That in all actions of ejectment against two 
or more persons, any of the defendants shall be competent as a 
witness, for either plaintiff or defendant, as effectually as if not 
made a party to the record : Provided, that it shall appear to the 
court, upon the trial, that the party so offered as a witness has 
disclaimed, upon the record, all title to the premises in contro- 
versy at the time of action brought, and paid into court the costs 
already accrued, or given security for the payment thereof, at the 
discretion of the court." 

So far as we have been able to learn, this statute has not here- 
tofore received judicial construction. It was contended by the 
plaintiffs' counsel, in the first place, that the disclaimer was not 
filed in time. This objection is not well founded. T^e obvious 
impossibility of filing such disclaimer at the time or instant the 
suit is brought, the natural sense and arrangement of the terms 
used, the context, and above all the manifest purpose of the act, 
all combine to show that the terms, "at the time of action 
brought," relate, not to the time when the disclaimer must be 
filed, but to the title held by the disclaimant at the inception of 
the suit. The objections to permitting the disclaimer to be filed 
on the trial of the case are no greater than the objections to per- 
mitting a defendant to change his plea on the trial, which is very 
common in practice. The plaintiff gets all his costs, and in case 
of surprise the court will prevent injustice by continuing the case, 
if he requests it. 

As we have already suggested, the case fell within the proviso 
of the act of 1869. Mrs. Devens, being a party defendant, and 
having pleaded the general issue, could not make herself a com- 
petent witness for her co-defendants by the mere execution of a 
release or assignment to them on the trial. By the return to the 
writ, her plea, and the evidence, she was a party to the record, 
and in possession at the time of suit brought, and as such she 



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Myers v. Devens. 109 



still would have been liable to the plaintiffs for costs at least. 
This would have been a sufficient interest to exclude her, whether 
her release or assignment were merely colorable or not. 

Had she not have been a party, this liability to the plaintifis 
for the costs, in case of a recovery against the defendants, would 
not have existed ; and it would seem, under the later decisions, 
that the rule against colorable assignments, laid down in Post v, 
Avery (5 W. & S. 509), would not apply to prevent her from 
qualifying herself as a witness by executing an assignment of all 
her estate or interest in the land to her co-defendants. McClel- 
land's Exrs. v. West's Admrs., 20 Sm. 183. 

But Mrs. Devens having removed her disability as a party by 
filing a disclaimer and paying the costs, as required by the act of 
1867, and having divested herself of all interest in the result of 
the issue, which she would have had though she had not been 
made a party, by executing a release or assignment to her co- 
defendants, there can be little doubt that she was property 
admitted to testify. 

On the trial of the cause, we were of the opinion that the act 
of 1867 {supra) was intended only to provide a method for remov- 
ing the technical disqualification which arose fi-om the fact that 
the disclaimant was a party to the cause, and did not extend to 
the case of a defendant who was shown by the evidence to be 
interested in the title. To illustrate this, we suggested the case 
of a person who had acquired an interest in the title after action 
brought We were led to this conclusion by the meaning which 
we thought ought to be given to the words, ** as effectually as if 
not made a party to the record." Hence we ruled that the effect 
of the disclaimer and payment of costs was only to place Mrs. 
Devens in the same position which she would have held had she 
not been made a party to the record, and rejected her as a witness 
until after she had released her interest to the defendants. After 
a more careful consideration of the case, we are inclined to think 
that we took too narrow a view of the statute, and did not give 
the full effect to the disclaimer to which it was entitled. It was 
not only a declaration to the plaintiffs that she would no longer 
defend against their suit, but it also operated in favor of the other 
defendants, by way of estoppel, as fully and effectually as though 



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no Stewart v. Norris. 



she had formally assigned her interest by deed. As it did not 
appear that she had any other interest or title than that which 
she had at the time to which her disclaimer related, it follows 
that she was a competent witness without the execution of the 
subsequent assignment. 
The rule is discharged. 

A. Ricketts, Esq., for plaintiffs. 
A. Farmham, Esq., for defendants. 



(ilonrt of dTommoii JJltas of Cujerne donuto. 



Stewart v. Norris. 

Certwrari— Offset t duty qfde/tndant to present ^ be/ore justice. 

The court will reverse proceedings where the demand of the plaintiff wai in existence, and might 
have been set-off in a previous action by the defendant against him. 

Certiorari. 

The opinion of the court was delivered April i6, 1883, by 

Rice, P. J. — It appears from the transcript that the demand of 
the defendant in error was in existence, and could have been set 
up as off-set in the suit of Stewart v, Norris, tried before Alder- 
man Parsons in December, 1881. This being the case, the pres- 
ent action was barred. The defendant in error was imperatively 
required by the statute to present her claim as an off-set in the 
former case. Herring v. Adams, 5 W. & S. 460. When the 
plaintiff below pleaded and proved the former recovery by him- 
self in the case tried before Alderman Parsons, the alderman 
should have entered judgment in his favor. His refusal to do so 
is error, for which this court may reverse on certiorari. Slyhoof 
V. Flitcraft, i Ash. 171; White v. Johnson, 2 Ash. 146. 

The proceedings are reversed and set aside. 

Messrs. McLean & Jackson, for plaintiff in error. 



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SHERIFF'S SALES. 
Abstract uf property to be sold by Wm. O'MalleY, 
Sheriff of Luzerne county, on Saturday, May i3tn, 
A. D. 1883. at xo o'clock A. M.. at the Arbitration 
room, in the Court House, Wilkes-Barre, who will, 
proceed with the different properties in the order in 
vhich they are numbered, to wit : 

X 

Suit of Estate of Sylvester Dana, dec'd, ▼. Arnold 
Bertels. 

112 May term, 1881. Debt, $5,164.50. Al. lev. fa. 
34 March term, 1883. Bennett & Nichols, Att'ys. ' 

A piece of Uuid in the city of Wilkes-Barre, begin- 
ning at the west comer of Dennis Quillan's lot, on the 
southeast side of Main street, at a point nearly opposite 
intersection of Sullivan street with said Main street,, 
thence along said Quillan's land aoa feet, thence 19 J 
feet, thence 131 feet to the Wyoming Canal, thence 
ak>ng said canal 86 feet and 9 inches, thence 292 feet 
to sfud Main street, thence auong said Main street 50 
feet to the place of beginning, containing 18,000 square 
feet of lana, more or less ; all improved, and having 
erected thereon one two-story frame dwelling house, 
one frame bam, and other outbuildings. 
a 

Suit of Thomas T. Hess and Hannah Hess, Admin- 
istrator* of Philip Hess, dec'd, v. Abraham Leirguth. 

958 September term, 1878. Debt, $v>o. Fi. fa 21 
May term, 1883. Risner, Ait'y. 

All that lot of ground in the township of Butler, be- 
ginning in the center of the road leading from Hazleton 
to Wilkes-Barre, thence by lot around by Mrs. Durst 
ao perches to comer of Michael Bersnline's land, 
ihence by land of Michael Bershline's estate 7 perches 
to comer In same and line of Henry Schleppy's lot, 
thence by lot now or late in the occupancy of D..P. 
Rakes as tenant 34 perches to center of said road lead- 
ing towards Hazleton, thence along center of said road 
by land of Hannah Jane Roberts to place of begin- 
nW. containing i acre and xi3 perches; all improved, 
andhaving erected thereon a two-story frame dwelling 
house, a frame bam, and other outhooses. 
3 

Suit of Use of D. B. Koons v. Wesley Wolfinger. 

399 May term, 1883. Debt, I84.06. Fi. fa. 63 May 
term. 1883. J. Lynch, Att'y. 

All that tract of land in the township of Fairmount, 
bounded on the north by lands now or late of William 
P. Robinson, on the east by lands late of Jacob P. 
Smith, estate of S. P. Headley,and William Marshall, 
on the south by lands of William Marshall and Wesley 
Finsley^ on the west by lands of Daniel Wolfinger, 
oontaimng about xao acres ; about 60 acres improved, 
balance unimproved, and having erected thereon two 
small dwdling houses and bam and outbuildings ; also 
two orchards. 

Suit of the Pennsylvania Coal Co. v. Mrs. Catharine 
Joice 

95 May term, 1883. Debt, <i,ooo. FI. fa. 17 May 
term, 1883. A. H. McClintock, Att'y. 

The surface of two lots in the borough of Pittston, 
being lots No. 50 on Broad street and No. 27 on Tunnel 
street, described as follows : 

1. Lot No. 50 being 58 feet In front on Broad street^ 
xoa fieet on an alley at the rear, and 130 feet deep at 
ri^t angles, containing 10,400 square feet of land ; re- 
serring coal ; all improved, with a two-story wooden 
dwelling and outhouses. 

3. Lot No. 27 being 102 feet in front on Tunnel 
«troc^58 feet on the alley at the rear, and 130 feet deep 
at right angles, containing 10,400 square feet of land 
reserving coal. 

Suit of Annie A. Wright, Carrie G. Wright, and 
George R. Wright, Executors of the last will and tes- 
toment of Hendrick B. Wright, deceased, v. David 
Bradley. 

Suit of Emily L. Wright v. David Bradley. 

25 and 26 June T., X882. Debt, ^739 and $2579.86. 
I^. fa. 60 and 6i May T., 1883. Sturges, Att'y. 

The sur&ce of the following described piece of land, 
«n Shawnee flats, in the township of Plymouth, and 
composed of the whole of lot No. 33, the southeast end 



of lot No. 3», and the northwesterly half of lot No. 34, 
in the river tier of meadow lots in old certified Ply- 
mouth, beginning at a comer in the line dividing certU 
fied lots Nos. 31 and 32, thence 133^ rods more or less 
to the low water line on the Susquehanna river, thence 
the whole width of certified lots Nos. 32 and 33, and 
to the center of certified lot No. 34, about 58^^ rods to 

oft" 



road, thence along the same about ^5 36-100 rods to the 
comer of lot No. 32, thence along the line dividing lots 
Nos. 32 and 33, 23 rods more or less to a corner, thence 



across lot No. 32, 22)^ rods to the place of beginning, 
and containing 48 acres, be the same more or less ; coal 
reserved ; all Improved. 

6 
Suit of D. S. Stark, now assigned to Jonas Long, v. 
Caroline Lengfeldt. 



September term, 1879. Debt, $5,000. Fi. fia. 
y term, 1883. Strauss, Att'y. 

All that lot of land in the city of Wilkes-Barre, be- 



65^ffs 



ginning at a comer on Main street, same being also a 
comer of land lately of B. Frauenthal, thence along 
Main street northeasterly ao feet to land lately prop- 
erty of Samuel Frauenthal, ihence by the said Samuel 
Frauenthal about 225 feet to back line of land lately 
property of Washington Lee, thence by same 20 feet 
to land lately of B. Frauenthal, thence alonu the same 
225 feet to place of beginning ; excepting that strip 6 
inches in width sold to B. Frauenthal, and also all the 
defendant's rij^hts arising under party wall agreement 
with Samuel Frauenthal; all improved, with one three- 
story brick building, used as a store and dwelling, one 
one-story brick addition to the story, and one one-story 
brick kitchen, and outbuildings thereon. x6-i8 



IN RE INCORPORATION OF EDWARDS 
borough, in the county of Luzerne. Application 
having been made to the Court of Quarter Sessions of 
Luzeme county by certain citizens of King-tton and 
Plymouth townships, asking that certain territory 
therein described should be incorporated into a bor- 
ough, to be named Edwards, the court, on the 16U1 
day of April, 1883, directed the petition to be filed, and 
fixed May 29th, 1883, at 9 o'clock A. M., as the time 
for presenting the same before the Grand Jury for 
approval thereby : notice to be given thereof by publi- 
cation according to law. 

In pursuance thereof, notice is hereby given to all 
parties interested to be present before the Grand Jury, 
if they so desire, at the time fixed, as above stated by 
the court. 

H. B. PAYNE, 
16-X9 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act for the incorporation and regula- 
tion of banks of discount and deposit," approved May 
13. 1876, and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the ** Nanticoke Bank," and to m located in the bor- 
ough of Nanticoke, Luzerne county, Pa., the character 
ana objects of which are the carrying on the general 
business of*banking as a bank of deposit and discount. 

W. H. HINES, 
14-94 Solicitor. 



N^ 



OTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem* 
bly. entitled "An Act to provide for the incorporation 
ana regulation of certain corporations," approved April 
29th, 1874, and the supplements thereto, to the Judges 
of the Court of Common Pleas of Luzerne county, on 
Monday, May 21st, 1883, at 10 o'clock A. M., for the 
incori>oration of an intended coporation, to be called 
" St. James' Lutheran Church," of Hollenback, the 
character and objects of which are the worship of God 
according to the forms and usages of the Lutheran 
Church in the State of Pennsylvania. 

A. R. BRUNDAGE, 
x6-i8 Solicitor. 



93 



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N^ 



rOTICE IS HEREBY GIVEN THAT ANi 
application will be made to the Governor of the | 
Commonwealth of Pennsylvania, under the provisions 
of the Act of Assembly, entitled "An Act to provide i 
for the incorporation and regulation of certain corpora-' 
tion," approved Apnl 29th, 1874, and the supplements! 
thereto, for the charter of an intended corporation, to! 
be called " The Kingston Water Company," the char- 
acter and object whereof is the supply of pure water 
to the borough of Kingston and parts of the adjoining 
townships of Kingston and Plymouth, in Luzerne 
county, Pennsylvania, and for these purposes to have, 
possess, and enioy all the rights, benefits, and privil- 
eges of the saicf Act of Assembly and its supplements, 

CHARLES D. FOSTER, 
15-17 Solicitor. 



ESTATE OF CHARITY PRINGLE. LATE OF 
Salem township, deceased. 
Letters of administrauon upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims agaln&t the same will present tnem 
for payment, and those indebted thereto will please 
make immeaiate payment to 

JACOB G. PRINGLE, Adm'r, 
McKune't P. O., Falls Twp.. Wyoming Co.. Pa. 
R. C. SHOEMAKER, 
14-19 Attorney. 



ESTATE OF ELLEN MADDEN, LATE OF 
Pittston township, deceiued. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

EDWARD GILLORAN, 
14-19 Administrator. 



ESTATE OF RICHARD DEARIE, LATE OF 
Wilkes-Barre, deceased. 
J/Ctters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having daims against the same will present 
thjm for payment, and those indebted thereto will 
please make immediate payment to 

GEORGE DEARIE, 
A. FARNHAM, Administrator. 

Attorney. 16-21 



ESTATE OF JOHN SIMMER, LATE OF THE 
township of Newport, deceased. 
Letters of administration upon the above named 
estate having been granted to tne tudersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JAMES M. NORRIS, 
W. S. McLEAN, Administrator. 

Attorney. i6-«x 



ESTATE OF TAMES BIRTH, LATE OF ROSS 
township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them , 
for payment^and those indebted thereto will please 
make immediate payment to 

JAMES CROCKETT, 
i6-az Administrator. 



ESTATE OF JOSEPH WHIPP, LATE OF 
Exeter township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persoM 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

WM. H. WHIPP, 
HANNAH WHIPP, 
PALMER, DEWITT & FULLER, Executors. 
13-18 Attorneys. 



ESTATE OF JULIA ROBERTS. LATE OF 
Hughestown, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ALFRED P. HOUSE, 
FRANCIS H. CHIVERS, 
F. C. MOSIER, Administrators. 

Attorney. i»-»7 



ESTATE OF GEORGE SMILNUK, LATE OF 
Hazle township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ANDREW BERKLEY. 
B. McMANUS, Administrator. 

Attorney. w-^7 



ESTATE OF NILS JOHNSON. LATE OF THE 
borough of Parsons^ deceased. 
Letters of administration upon the arove named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 



ESTATE OF JOSHUA VINCENT. LATE OF 
Exeter township, deceased. 
Letters of administration upon the above named 
esute having been granted to the undersigned, all per- 
sons having claims against the same will present them 
tor payment, and those indebted thereto will please 
make immediate payment to 

SUSANNA VINCENT, 
BENNETT & NICHOLS, Administratrix. 

Attorneys. U'^9 



i6-ai 



JOHN JOHNSON, 

Administrator. 



ESTATE OF ANDREW LEE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
unmediate payment to 

E. P. DARLING, 
JOHN WROTH, 
16^1 Executon. 

94 



ESTATE OF REBECCA PETERS, LATE OF 
HoUenback township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all pc- 
sons having claims against the same will present them 
for payment, and those indebted thereto will pl«s« 
make immediate payment to 

DANIEL BLOSS, 
J. T. LENAHAN. Administrator. 

Attorney. >»-'7 



ESTATE OF MARY E. PETERS, LATE OF 
HoUenback township, deceased. 
Letters of administrauon upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present uicm 
for payment, and those indebted thereto will ?*«»*« 
make immediate payment to 

DANIEL BLOSS, 
J. T. LENAHAN, Administrator 

Attorney. »-*7 



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ESTATE OF ANTHONY SCHAPPERT, LATE 
of Wakes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
fiw payment, and those indebted thereto will please 
make immediate payment to 

Barbara schappert, 

L. B. LANDMESSER, Administratrix. 

Attorney. 17-22 



Estate of a. g. rickard, m. d., late 
of Plymouth, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immeaiate payment to 

liva a. rtckard, 
r. n. smith, 

R. D. EVANS, Administrators. 

Attorney. 17-aa 



ESTATE OF AUGUST STEPHENS, LATE OF 
Plymouth, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same wiU present 
them for payment, and those indebted thereto will 
please make immediate payment to 

J. W. ENO, 
O. F. NICHOLSON, Administrator. 

Attorney. 17-22 



ESTATE OF FRANCES S. KNAPP, LATE OF 
Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
■ake im medial 



ate payment to 

F. C. HOSIER, 

Attorney. 



AVERY KNAPP, 

Adminitrator. 
17-22 



ESTATE OF SAMUEL HARRIS, LATE OF 
Kingston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
toos having claims against the same will present them 
tar payment, and those indebted thereto will please 
Bake immediate payment to 

LORENZO D. HARRIS. 
E. G. BUTLER, Administrator. 

Attorney. 17-22 



ESTATE OF CORNEOUS O'NEILL, LATE 
of Pittston township, deceased. 
Letters of administration upon the above named 
I estate having been granted to the undersigned, all per- 

sons having claims against the same will present them 
I far pa^rment, and those indebted thereto will please 

nuke immediate payment to 

CATHARINE SHEA, 
JOHN T. LENAHAN, AdminUtratrix. 

Attorney. 17-22 



ESTATE OF ELLEN O'NEILL, LATE OFi 
Pittston township, deceased. 
Letters of adminbtration upon the above named! 
estate having been granted to the undersiened, all I 
persons having claims ai^nst the same will present 
&em for payment, and those indebted thereto will 
please make immediate payment to 

CATHARINE SHEA, 
JOHN T. LENAHAN, Administratrix. 

Attorney. 17-22 



ORPHANS' COURT SALE. 
Estate of John Fry, deceased. By virtue of an 
order of the Orphans' Court of Luzerne county, the 
undersigned will expose at public sale, at the hotel of 
Joel Martin, in Falls Run, Black Creek township, on 
Friday, May 4, 1883, at 10 o'clock A. M., the follow- 
ing described real estate in said village of Falls Run : 

X All that lot of ground distinguished on the plot 
of Ellas Smith and Henry Croll as lot No. 72, begin- 
ning at southeast corner of Chestnut and Falls streets, 
thence east by Falls street 150 feet to an alley, south 
50 feet to comer of lot No. 73, thence east by lot No. 73 
150 feet to Chestnut street, thence bjr said Chestnut 
street north 50 feet to the place of beginning, contain- 
ing 7,500 square feet, more or less, with a xj^-story 
frame dwelling house thereon. 

2. All that lot of land distinguished on the plot of 
Elias Smith and Henry Croll as lot No. 73, beginning 
at a comer of lot No. 72 on Chestnut street, thence 
east by said lot No. 72. 150 feet to an alley, thence 
south by said alley 50 feet to a comer of lot No. 74, 
thence west by said lot No. 74 to said Chestnut street , 
and thence north by said Chestnut street to the place 
of beginning, containing 7,500 square feet, more or 
less, with a two-story frame dwelling house thereon. 

^ All that lot of ground distinguished on the plot of 
Ellas Smith and Henry Croll as lot No. 43, beginning 
at Penn street, thence north along said street 50 feet 
front, thence west along Falls street 150 feet, thence 
south by an alley 50 feet, thence east along lot No. 42 
150 feet to the place of beginning, containing 7,500 
square feet, more or less, with a two-story frame dwell- 
ing house thereon. 

Tbkms op Sale— 20 per cent down, ^ per cent to 
be paid on confirmation of sale, and the balance in one 
year from confirmation of sale ; to be secured on the 
premises, with interest from confirmation. 

STEPHEN TURNBACK, 

ALEXANDER FARNHAM, Executor. 

Attorney. 15-17 



ORPHANS' COURT SALE. 
Estate of Job Kocher, dec'd. By virtue of an 
order of the Orphans' Court of Luzerne county, the- 
undersiened will sell at public sale, at Yaple's Hotel, 
in the borough of Shickshinny, on Friday, May 4th. 
1883, at XI o'clock A. M., the following piece of land- 
in Salem township, commencing on the northwest side 
of the Lackawanna and Bloomsburg Railroad, where 
Rocky Run passes under said railroad, and running to 
perches, thence 16 perches, thence 12 perches, thence 
12 perches, thence x6 perches, thence 4 perches to a 
post and stones, the beginning of land belongins to 
7ob Kocher, which is divided as follows : thence from 
last mentioned comer 40 perches to a stump and stones 
comer, thence 40 perches to a rock oak comer, thence 
40 perches to a stake and stones comer 8 feet from high 
ledge of rocks, thence 40 perches to the place of begin- 
ning, containing xo acres of land; improved, with a 
frame dwellin|; house and outbuildings thereon. 

Terms of Sale— $100 aown on day of sale, and the 
balance on the confirmation of the sale. 

REUBEN GODSHALL, 

ISAAC P. HAND, Executor. 

Attorney. t5-t7 



SHERIFFS SALE. 
The following property will be sold by the 
Sheriff, Wm. O'Malley.at the Arbitration room. Court 
House, in the city of Wilkes-Barre, on Tuesday, May 
I, 1883, at 10 o'clock A. M., vii. : 

Suit of Ella G. Turner v. John Nealon. 

i6x May term, 1883. Debt, 13,146.16. Fi. &. 55 
May term, 1883. E. P. & J. V. Darling, > . ,,,^ 
A. J. Dietrick, |Attys. 

A lot of land in the borough of Plymouth, bounded 
on the south by Main street, on the west by lands of 
Samuel Snyder, on the north by an alley, and on the 
east by lands of James Lee, being 22 feet in front, and 
148 feet in depth, containing 3,340 square feet of land, 
improved by a cellar and wall erected thereon. 15-17 

95 



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SHERIFFS SALES. 
Abstract of property to be sold by Wm. O'Malley, 
SheriflF of Luzerne county, on Saturday, May 19th, 
A. D. 1883. at 10 o'clock A. M.. at the Arbitration 
room, in the Court House, Wilkes-Barre, who will 
proceed with the different properties in the order in 
which they are number, to wit : 

X 

Suit off. E. Bulkeley ▼. William Howey. 

57 April term, x88a. Debt, I85.06. Vend. ex. ii 
May term, 188^. Brundage. Att'y. 

A lot of land in the city of Wilkes-Barre, beginning 
at a comer on Lehigh street and comer of land now or 
late of William Millham, thence 40 feet along said 
I.«high street to land now or late of H. Carps, thence 
along said Carps' land about 68 feet to a comer in line 
of land of R, McGrath, thence along line of said Mc- 
Grath's to comer of alley in line of land of said Wm. 
Miliham, thence along line of land of said Wm. Mill- 
ham about 93 feet to the beginning; having erected 
thereon one two-story frame dwelling and outbuildings. 
s 

Suit of the Huntington Township School District v. 
Elias Hoffman, Mariha Williams, William Killian. 

3s September term, 1880. Debt, $175 Vend. ex. 
41 May term, 1883. Dorr^tnce & Price, Att'ys. 

All that lot of land in Huntington township, bounded 
on the east by lands of Perry Munroe, on the north by 
lands of Geo. Wagner, on the west by lands of D. M. 
Williams, and on the south by lancis of A. Harvard 
and T. Franklin, containing about 80 acres; all im- 
proved, except about 4 acres of woods, with one large 
J ^-story frame house, two hams, and other outbuild- 
ings thereon; also an orchard. 
3 

Suit of Andrew Bryden v. William Bryden. 

ax^ January term, 1883. Debt, $1,500. Al. fi. fa 
48 May term. 1883. Ferris, Att'y. 

z. AU the surface of the following piece of land in 
the borough of Pittston, b^'uning at the comer of lot 
No. 19 on Swallow street, thence in a southerly direc- 
tion by lot No. 19, 150 feet, thence in a northwesterly 
direction 50 feet to a comer of lot No. 15, thence in a 
northeasterly direction by lot No. 15, 150 feet to a 
comer on Swallow street, thence in a southeasterly 
direction by Swallow street 50 feet to the place of be- 

f (inning, containing 7,500 square feet of land, more or 
ess, being lot No. 17 on Swallow street ; all improved, 
with a two-story frame dwelling house thereon. 

a. Also the surface of one other piece of land in the 
borough of Pittston, being lot No. 19 on Swallow 
street, and being 50 feet on Swallow street, and extend- 
ing at nght angles to said street 150 feet, containiiig 
7,500 square feet of land, more or less : all improved, 
with outbuildings and a number of fmit trees thereon ; 
said lot No. ip is immediately adjoining the above 
described lot No. 17. 

Suit of the Miners' and Mechanics' Building and 
Loan Association of Plainsville v. John Nolan and 
Patrick Gorman, Administrators of James Gorman,! 
deceased. 

065 May term, 1876. Debt, 1314.20. Al. fi. fa. 71] 
May term, 1883. Lamb, Att'y. j 

All that piece of land in the township of Plains, be- 
ginning at a comer by the lands of^the WyomingI 
Valley Coal Company on the plank road, leading from 
Wilkes-Barre to Pittston. thence in a westerly direc-| 
tion about 115 feet to the Lehigh and Susquehanna 
Railroad, thence alonff said railroad northeasterly 74 1 
feet to the laud of John Pryor, thence eastcriy about 
115 feet to the said plank road, thence along the samel 
about 75 feet to the place of beginning; all improved,' 
with a larjge two-story frame building, with one two-j 
story addition in rear, board shanty, outhouses, etc.,] 
used as a hotel ; also a two-story frame dwelling house, 
with one-story addition, frame nam, and outbuildings, | 
and fmit trees thereon ; coal and minerals reserved. 

Suit of Peter Garvin v. Patrick Garvin. 

08 April term, 1880. Debt, $3y>. Al. vend. ex. 31 
May term. 1883. McLean & Jackson, Att'ys. 

The following piece of land in the city of Wilkes- 
Barre, 14th ward, beginning at a comer in line of a 

6 



30-foot street, and running thence alons lot No. 16, 
now or lately owned by Michael GUI, 175 reet to comer 
of lot No. 3, now or lately owned by Peter McCiann, 
and thence along said McGann's lot 47)4 feet to comer 
of lot No. 14, thence along lot No. 14, 175 feet to cor- 
ner in line of said ^foot street, thence alon^ said street 
47^ feet to the place of beginning, containing about 
8,313 square feet of land : improvements, a two-story 
frame clwelling house, 18 feet wide and 38 feet long, 
with a fine porch in front and a one-story brick kitchen 
in rear, a i^-story bam or stable, X3 feet wide^ about 
16 feet long, a so<>d well, and a large number of grow- 
ing fmit trees thereon. 

6 

Suit of Lazarus Moyer v. C. J. Gallagher. 

303 May term, 1882. Debt. ^55.50. Al. fi. &. 56 
May term, 1883. O'Ndll, Att'y. 

All that lot of land in the borough of Freeland, be- 
ginning at a comer on the southwest comer Main and 
Washington streets, thence by south side of Main 
street 45 feet 10 inches to a comer, thence by land now 
or late of James Berkbeck 150 feet to a comer in line 
of an alley, thence by said alley 45 feet 10 inches to a 
comer on the west side of Washington street, thence 
by line of same 150 feet to the place of beginning, con- 
uining 6,825 square feet of land ; all improved, with a 
two-story frame dwelling house, with slate roof, used 
as a hotel, and other improvements thereon. 

7 

Suit of Calvin Parsons v. John G. Jones. 

367 May term, 1883 Debt, $v>o. Fi. fa. 58 May 
term, 1883. *'owell. Dunning, Att'ys. 

All the surface of lot of land in Plains township, be- 
ing lot No. a8 ia plot of lots laid out by Calvin Parsons, 
bf^inning at a comer of lot No. 39, thence xoo feet to 
a lo-foot wide alley, thence along said alley 50 feet to 
a comer of lot No. 27, thence xoo feet to Oliver street, 
thence along Oliver street 50 feet to place of b^nniitg, 
contining 5,000 .«quare feet of land. 
8 

Suit of C. J. Volkenand, assigned to Peter Deisrocb, 
V. Martin Kngelhart. 

9^Septemberterm, i88x. Debt, real, $x,xq5. Fi.fii. 
68 May term, 1883. Patrick, Att'y. 

X. iJot of ground on the south side of Broad street, 
in the borough of Hazleion, commencing at a disuoce 
of 310 feet westward from the west side of Vine street, 
containing in front or breadth on Broad street 30 feet, 
and extending of that breadth in length or depth south- 
ward 150 feet to Mine street. 

2. Another lot in said borough, on the south side of 
Green street, being part of square No. 4 in plan of said 
town, commencing at a disunce of 333 feet 4 inches 
westward from the west side of Cedar street 33 feet 4 
inches, and extending of that breadth m length or 
depth southward X50 feet to Spruce alley, bounded 
north by Green street, east by lou formerly of Bacha , 
south by Spruce alley, and west by land fbrmeriy of 
Hazleton Coal Co. ; improved, with a frame dweUing 
house and outbuildings tnereon. 

9 

Suit of Abijah S. Davenport v. Emily Keizer 
167 April term, 1879. Debt. $1,990.00. Vend, ex 
64 May term. 1883. Stutves, Att'y. 

I. 1 he surface of all that lot of land in the township 
of Plymouth, being lot No. 40, in the second tier, 
fourth divinion of cerified Plymouth, bounded north- 
easterly by lot No. 38, northwesterly by lot No. 41, 
south wesieHy by lot No. 42, and southeasterly by lot 
No. 50, containing 118 acres and X03 perches and aUow* 
ance ; unimproved. 

3. Th^ surfiace of that lot of land in the boroiigh of 
Ashley, beginning at a point on the southeast side of 
Hartford street, about 50 feet from the center of an 
alley, on line of lands sold to Arnold Bertels, thence 
southwesterly parallel with said alley 94 feet, more or 
less, to a comer, thence southeasterly parallel with 
said Hartford street about 70 feet to a comer, thence 
northeasteriy at right angles to the last mentioned cor- 
ner about 94 feet to Hartford street aforesaid, thence 
northwesterly along Hartford street about 70 feet to 
the place of beginning ; improved, with one tj/i-story 
frame dwellins house, outDuildings, fmit trees, and 
well of water thereon. t7-t9 

i 



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The Luzerne Legal Register. 



Vol. XII. Friday, May ii, 1883. No. 19. 



Qrxfxtmt drottrt of JJennsgteania. 



Lehigh Coal and Navigation Co. v. Brown ^/ a/, 

t. The payment of tolls exacted by a canal company, whose right to the same is disputed, but 
which, by the exercise of threats and other means of coercion, compels the parties to accede to 
Its demands, or be put to considerable loss in their business, are such involuntary payments that 
the company will be compelled to make restitution upon suit for their recovery. 

3. If the jury find that a person without authority wrongfully collects money, and it is paid involun- 
tarily, it may be recovered back. 

3. Rule laid down by Mr. Justice Field in Brumigan v. Tillinghast (x8 Cal. 972) adopted as to what 

are involuntary payments. 

4. What are involuntary payments a question of fact for the jury. 

Error to the Court of Common Pleas of Luzerne county. 
The opinion of the court was delivered October 2, 1882, by 

Sterrett, J. — It is conceded the plaintiffs below were not 
entitled to recover back the amount of tolls paid by them to the 
Lehigh Coal and Navigation Company without proving to the 
satisfaction of the jury: first, that the navigation company wrong- 
fully and without authority demanded and collected the tolls in 
question ; and, second, that the payment of the tolls by the plain- 
tiffs was involuntary. If they failed to establish either of these 
propositions the verdict should have been in favor of the defend- 
ant below. 

The question involved in the former proposition is presented 
by the first three specifications of error. In disposing of it the 
court below was called upon to construe the charter of the navi- 
gation company, including the several acts supplementary thereto. 
This has been so fully and satisfactorily done by the learned 
judge in his general charge and answers to points submitted by 



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ii6 Lehigh Coal and Navigation Co. v. Brown. 

counsel, that it is unnecessary to add anything to what is there 
said. Having thus correctly construed the several acts of 
Assembly bearing on the subject, he then instructed the jury 
that the navigation company was not authorized to collect tolls 
on logs floated down the Lehigh river to the mouth of Wright*s 
creek, if they found from the evidence that the artificial naviga- 
tion was destroyed in 1862, and the company had neither recon- 
structed nor elected to reconstruct the same. As to these 
matters of fact, there was practically no conflict of testimony, and 
the verdict being in favor of the plaintiffs below, the question of 
the navigation company's right to collect the tolls in controversy 
was thereby determined in the negative. We fail to discover 
any error in the rulings of the court on that subject, and hence 
the first, second, and third assignments are not sustained. 

The question involved in the second proposition, as to whether 
the tolls in controversy were voluntarily or involuntarily paid, is 
raised by the fourth, fifth, and sixth specifications. The com- 
plaint in the fourth assignment is, that the court refused to aflfirm 
defendant's second, third, and fourth points, and thereby with- 
draw the question of involuntary payment from the jury. Under 
the testimony in the case, that became a question of fact for the 
jury, and it appears to have been submitted to them with proper 
instructions. In affirming the second point of plaintiffs below, 
which is the subject of complaint in the fifth assignment, the 
learned judge charged the jury that if the plaintiffs denied the 
right of the company to collect the tolls, that the company 
threatened to stop the logs, in case of non-payment, by drawing 
the water from the dams at White Haven, that it had the ability 
to carry the threat into execution, and that the tolls were paid 
under such a state of facts, then the payments were not voluntary 
and may be recovered. He also charged, in answering the point 
covered by the sixth assignment, that if the payments were made 
under a threatened exercise of power (possessed or supposed by 
the plaintiffs to be possessed by the company) by its agent or 
servant, acting within the general scope of his authority over the 
property of the plaintiffs, the money thus paid can be recovered; 
but the threat of an agent, not acting within the general scope of 
his authority, would not make a payment to him, under those 



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Lehigh Coal and Navigation Co. v. Brown. 117 

circumstances, involuntary. In further elucidation of these 
instructions, the learned judge, in his general charge, summarized 
the facts which the plaintiffs below were required to prove before 
they could recover, as follows, to wit: that their mill was located 
on the company's pool; that the company had the power to 
draw off the water in the pool; that such action would render it 
practically impossible to get out their logs, and thus prevent 
them from using the stream for the purpose of floating or driving 
logs from their lands above; that the plaintiffs denied the right 
of the company to collect the tolls in question; that the com- 
pany, or its agent, acting within the general scope of his author- 
ity, before the tolls were paid, and before the logs were delivered, 
declared to plaintiffs that if the tolls were not paid the water 
would be drawn off from the dams, and plaintiffs would have 
been thus prevented from getting out their logs if the threat had 
been executed, and that this threat was repeated from time to 
time, and was the cause which induced the plaintiffs to make the 
payments. Assuming, as we must necessarily do, that the jury 
obeyed their instructions, the facts above specified are conclu- 
sively established by their verdict. Can there be any doubt, 
then, that, upon the facts so found, the plaintiffs below were 
entitled to recover? We think not. They bring the case fairly 
within the rule stated by Mr. Justice Field in Brumigan v, 
Tillinghast (18 California, 272), in which, after discussing the 
English and American cases on the subject of involuntary pay- 
ments, he says: "What shall constitute the compulsion or coer- 
cion which the law will recognize as sufficient to render the 
payments involuntary, may often be a question of difficulty. It 
may be said in general that there must be some actual or threat- 
ened exercise of power, possessed or supposed to be possessed 
by the party exacting or receiving the payment, from which the 
latter has no other means of immediate relief.** According to 
the finding of the jury in the case before us, there was a threat- 
ened exercise of power possessed by the company, which, if it 
had been carried into execution, would have practically ruined 
the business of the plaintiffs below. The jury has found that the 
threat, repeated from time to time, had the effect of coercing 
payment of the tolls. The plaintiffs below had no other means 



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ii8 Lehigh Coal and Navigation Co. v. Brown. 



of immediate relief. They were compelled either to submit to 
the unlawful demand of the company, or run the risk of having 
their business practically destroyed or seriously interrupted. 
The same general principle is recognized in some of our own 
cases. Hospital v. Philadelphia County, 12 Harris, 229; White 
V, Heylman, 10 Casey, 142; Motz v. Mitchell, 10 Norris, 114, 
and cases there cited. In the former case it is said, " where a 
party has been compelled by duress of his person or goods to 
pay money for which he is not liable, it is not voluntary, and he 
may rescue himself from such duress by payment of the money, 
and afterwards, on proof of the fact, recover it back ; " and in 
support of this doctrine Astley v, Reynolds (2 Strange, 915) is 
there cited. In that case the plaintiff had pawned a lot of plate 
as security for a loan for twenty pounds. In due time he oflFered 
to redeem the pledge, and in addition to the principal tendered 
more than sufficient to cover the interest t9 which defendant was 
entitled, but the latter demanded ten pounds interest. After 
repeating the tender without success, he finally yielded to the 
exorbitant demand of defendant, paid the ten pounds, and then 
brought suit to recover the excess over the legal interest. It 
was contended that the payment, being made with full knowledge 
of all the facts, was voluntary; and that plaintiff, having made a 
sufficient tender, might have maintained an action of trover and 
conversion, etc. But the court, in entering judgment in his 
favor, said: "The plaintiff might have such immediate want of 
his goods that an action of trover would not do his business. 
Where the rule, volund non fit injuria, is applied, it must be 
where the party had his freedom of exercising his will, which 
this man had not. We must take it that he paid the money, 
relying on his legal remedy to get it back again." 

The remaining assignments are not sustained. The testimony 
was quite sufficient to justify the court in submitting the question 
of involuntary payment to the jury. There is no error in the 
ruling of the court in regard to interest. 

Judgment affirmed. 

Hon. Andrew T. McClintock and Charles Gibbons, Esq., for 
plaintiff in error. 

Hon. Henry W. Palmer and G. L. Halsey, Esq., contra. 



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Book Notice. 119 



BOOK NOTICE. 

Practice and Process in the Orphans* Court of Pennsyl- 
vania, embracing also the laws relating to the settlement 
and distribution of the estates of decedents, the management 
of the estates of minors, and the construction of testamentary 
trusts and wills, in the Courts of Common Pleas and Equity. 
By Hon. D. L. Rhone, President Judge of the Orphans' Court 
of Luzerne county. In two volumes. Rees Welsh & Co., 
Philadelphia. Volume I., pp. 792. 

The announcement, a few years ago, that Judge Rhone had 
undertaken to prepare a treatise on the law of decedents* estates 
in Pennsylvania was hailed with pleasure by the profession. The 
need of such a work was keenly felt, and Judge Rhone's eminent 
fitness for the task led us to form great expectations of the man- 
ner of its accomplishment. Those expectations are richly satis- 
fied in the volume before us. It is destined to become the 
invaluable aid of every actice practitioner in Pennsylvania. Ex- 
cellent books, no doubt, we already have in this department, 
notably Scott on Intestates — all, however, special in their scope, 
and not sufficiently contemporaneous to be complete even in 
their specialty. What we needed was a complete manual, for 
practical use, of the law pertaining to decedents' estates, and such 
a manual, thanks to Judge Rhone, we now possess. The table 
of contents, with its alphabetical list of the subjects treated, will, 
perhaps, convey a better idea of the scope, than does the title 
page. Accounts, actions, advancements, attachments, auditors, 
bonds, collateral inheritance tax, contracts, debts, deeds, descent, 
devise, distribution, errors and appeals, escheat, evidence, execu- 
tions, executors and administrators, exemption, fees, costs and 
expenses, foreign executors, etc., guardian and ward, husband 
and wife, injunction, interest, investments, issues, legacies and 
annuities, letters testamentary, etc., liens, life estates, orphans* 
courts, partition, personal property, practice and process, real 
estate, records, registers and registers* courts, release and satis- 



Digitized by VjjOOQIC 



120 Book Notice. 



faction, removal and discharge, review, sureties, taxes, testamen- 
tary trustees, uses and trusts, wills — such is the vast field of 
investigation covered by this work. 

In the treatment about four thousand cases are cited, com- 
prising all of the reported decisions pertinent, not only of the 
Supreme Court, but also of the courts of those counties having 
local legal publications, specially Philadelphia, Pittsburg, Chester, 
Luzerne, Lancaster, and York. The point of each decision is 
stated, not in the language of the syllabus, so often inaccurate, 
but in the learned author's own words, plain, forcible, and direct. 
The mechanical arrangement and execution are admirably 
adapted for convenient and ready reference. 

Want of space forbids the extended review which the book 
deserves. We need only observe that it forms no unworthy 
achievement wherewith to crown a career of activity and useful- 
ness at the bar and upon the bench. Judge Rhone has well paid 
the debt which every lawyer owes to his profession. 



A point has position, but no size. That is probably the rea- 
son why so many fail to " see the point." 



When a drummer gets the mumps it increases the size of his 
face without adding anything to his inherent cheek. 



"A poet is born, not made," is the ancient assertion. That 's 
the reason so many callow rhymers act like "natural bom fools." 



"At last I know there is such a thing as a cold snap," remarked 
the burglar to the sheriff as he clapped the steel shackels on the 
shekel stealer. 



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SHERIFFS SALES. 
Ahstiaa of property lo be sold by Wm. O'Mallcy, 
Sheriff of Luzerne county, on Saturday, May 19th, 
A. D. 1883. at 10 o'clock A. M.. at the Arbitration 
room, in the Court Hoose, Wilkes-Barre, who will 
proceed with the different properties in the order in 
which they are number, to wit : 

X 

Suit of J. E. Bulkeley v. William Howey. 

57 April term, 1882. Debt, |85.c^. Vend. ex. 
May term, 188^. Bnindage. Att'y. 

A lot of land in the city of Wilkes- Barre, Spinning 
at a comer on Lehi^ street and corner of land now or 
late of William Millham, thence 40 feet along said 
Lehigh street to land now ur late of^ H. Carps, thence 
along said Carps' land about 68 feet to a comer in line 
of land of R. McGrath, thence along line of said Mc- 
Grath's to comer of alley in line of land of said Wm. 
MiUham, thence along hne of land of said Wm. Mill- 
ham about 93 feet to the beginning: havine erected 
thereon one two-story frame dwelling and outbuildings. 
a 

Suit of the Huntington Township School District v. 
Bias Hoffman, Martha Williams, William KtUian. 

35 September term, x88o. Debt, ^135. Vend. ex. 
41 May term, 1883. Dorrance & Price, Att'ys. 

All that lot of land in Huntington township, bounded 
00 the east by lands of Perry Munroe, on the north by 
lands of Geo. Wagner, on the west by lands of D. M. 
Williams, and on the south by lands of A. Harvard 
and T. Franklin, containing about 80 acres; all im- 
proved, except about 4 acres of woods, with one large 
i^-story frame house, two bams, and other outbuild- 
ings thereon ; also an orchard. 
3 

Suit of Andrew Brydcn v. William Bryden. 

ai^ January term, 1883. Debt, ^1,500. Al. fi. fa. 
48 May term, 1883. Ferris, All'y. 

I. All the surface of the following piece of land in 
the borough of Pituton, beginning at tne corner of lot 
No. 19 on Swallow street, thence in a southerly direc- 
tkm by lot No. 19, 150 feet, thence in a northwesterly 
(Erection 50 feet to a comer of lot No. 15, thence in a 
Qortheasterly direction by lot No. 15, 150 feet to a 
corner on Swallow street, thence in a southeasterly 
direction by Swallow street 50 feet to the place of be- 
gianing, containing 7,500 square feet of land, more or 
(eas, being lot No. 17 on Swallow street; all improved, 
with a two-story frame dwelling house thereon. 

a. Also the surface of one other piece of land in the 
borough of Pittston, being lot No. 19 on Swallow 
street, and being 50 feet on Swallow street, and extend- 
ing at nght angles to said street 150 feet, containing 
7,500 sqtiare feet of land, more or less ; all improveo, 
with outbuildings and a number of fruit trees thereon ; 
laid lot No. zo is immediately adjoining the above 
described lot No. 17. 

Suit of the Miners' and Mechanics' Building and 
Loan Association of Plainsville v. John Nolan and 
Patrick Gorman, Administrators of James Gorman, 
deceased. 

5 May term, 1876. Debt, I3Z4.90. Al. fi. &. 71 

[ay term, 1883. Lamb, Att'y. 

All that piece of land in the township of Plains, be- 
zinning at a comer by the lands of^ the Wyoming 
Valley Coal Company on the plank road, leading firom 
Wilkes-Barre to Pittston, thence in a westerly dlrec- 
I tion about 1x5 feet to the Lehigh and Susquehanna 
Railroad, thence along said railroad northeasterly 74 
feet to the land of John Pryor, thence easterly about 
115 feet to the said plank road, thence along the same 
about 75 feet to the place of beginning ; all improved, 
with a Iai];e two-story frame building, with one two- 
storr addition in rear, board shanty, outhouses, etc., 
used as a hotel ; also a two-story frame dwelling house, 
with one-story addition, frame oara, and outbuildings, 
and truit trees thereon ; coal and minerals reserved. 

Suit of Peter Garvin v. Patrick Garvin. 

98 April term, 1880. Debt, $ay>. Al. vend. ex. 31 
Blay term. 1883. McLean & Jackson, Att'vs. 

The following piece of land in the city of WUkes- 
Barre, 14th wara, beginning at a comer in line of a 



4'. 



30-fbot street, and mnning thence along lot No. x6, 
now or lately owned by Michael Gill, 175 feet to comer 
of lot No. a, now or lately owned by Peter McGann, 
and thence along said McGann's lot 47^ feet to comer 
of lot No. 14, thence along lot No. 14, 175 feet to cor- 
ner in line of said ^o-foot street, thence along said street 
47^ feet to the place of beginning, containing about 
8,31a square feet of land ; improvements, a two-story 
frame dwelling house, x8 feet wide and a8 feet long, 
with a fine porch in front and a one-story brick kitchen 
in rear, a z >^-8tory barn or stable, za feet wide^ about 
t6 feet long, a good well, and a laige number of^ grow- 
ing fruit trees Uiereon. 

6 

Suit of Lazaras Moyer v. C. T. Gallagher. 

ao3 May term, Z882. Debt. #355.50. Al. fi. fa. 56 
May term, Z883. O'Neill, Att'y. 

All that lot of land in the borough of Freeland, be- 
einning at a comer on the southwest comer Main and 
Washington streets, thence by south side of Main 
street 45 feet zo inches to a comer, thence by land now 



or late of James Berkbeck 150 feet to a comer in line 
of an alley, thence by said alley 45 feet zo inches to a 
comer on tne west side of Washington street, thence 
by line of same Z50 feet to the place of beginning, con- 
taining 6,825 square feet of land ; all improved, with a 
two-story frame dwelling house, with ^ate roof, used 
as a hotel, and other improvements thereon. 

7 

Suit of Calvin Parsons v. John G. Jones. 

267 May term, Z883. Debt, $wo. Fi. fa. 58 May 
term, 1883. ''owell. Dunning, Att'ys. 

All the surface of lot of land in Plains township, be- 
ing lot No. a8 u\ plot of lots laid out by Calvin Parsons, 
beginning at a comer of lot No. 39, thence zoo feet to 
a xo-foot wide alley, thence along said alley 50 feet to 
a comer of lot No. 37, thence zoo feet to Oliver street, 
thence along Oliver street 50 feet to place of beginning, 
contining 5,000 square feet of land. 
8 

Suit of C. J. Volkenand, assigned to Peter Deisroth, 
V. Martin Engelhart. 



68 



93 September term, z88z. Debt, real, $z.zq5. Fi.fe. 
i May term, Z883. Patrick, Att'y. 



z. Lot of ground on the south side of Broad street, 
in the borough of Hazleton, commencing at a distance 
of 3Z0 feet westward from the west side of Vine street, 
containing in front or breadth on Broad street 30 feet, 
and extending of that breadth in length or depth south- 
ward X50 feet to Mine street. 

a. Another lot in said borough, on the south side of 
Green street, being part of square No. 4 in plan of said 
town, commencing at a distance of 333 feet 4 inches 
westward from the west side of Cedar street 33 feet 4 
inches, and extending of that breadth in length or 
depth southward Z50 feet to Spruce alley, bounded 
north by Green street, east by lots formerly of Bachei . 
south by Spmce alley, and west by land formerly or 
Hazleton Coal Co. ; improved, witn a frame dwelling 
house and outbuildings thereon. 

9 

Suit of Abijah S. Davenport v. Emily Keizer 

z6^ April term, Z879. Debt, ^,990.00. Vend. ex. 
64 &fay term, Z883. Sturges, Att'y. 

t. The surnce of all that lot of land in the township 
of Plymouth, being lot No. 40, in the second tier, 
fourth division of cerified Plymouth, bounded north- 
easterly by lot No. 38, northwesterly by lot No. ax, 
southwesteriy by lot No. 4a, and southeasterly by lot 
No. 50, conutning zz8 acres and Z03 perches and aflow- 
ance; unimproved. 

a. The surface of that lot of land in the borough of 
Ashley, beginning at a point on the southeast side of 
Hartford street, about 50 feet from the center of an 
alley, on line of lands sold to Arnold Bertels, thence 
southwesteriy parallel with said alley 94 feet, more or 
less, to a comer, thence southeasterly parallel with 
said Hartford street about 70 feet to a comer, thence 
northeasterly at right angles to the last mertioned cor- 
ner about 94 feet to Hartford street aforesaid, thence 
northwesterly along Hartford street about 70 feet to 
the place of beginning ; improved, with one zj^-story 
frame dwelline house, outbuildings, imit trees, and 
well of water thereon. «7-»9 



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WIDOWS' APPRAISEMENTS. |TN 

Notice is hereby given to all persons concerned,! X b 



RE INCORPORATION OF EDWARDS 

, „ ^ borough, in the county of Luzerne. Application 

that widows' appraisements in the following estates, having been made to the Court of Quarter Sessions of 
hare been approved nisi by the Orphans' Court of Luzerne county by certain citizens of Kingston and 
Luzerne county, and, unless exceptions are filed, will! Plymouth townships, askirtg that certain territory 
be presented for final approval on Monday, the 14th, therein described should be incorporated into a bor- 
day of May, 1883 : ough, to be named Edwards, the court, on the 16th 

John M. Stackhouse, Elisha Athcrton F. V. Taylor, 'day of April, 1883, directed the petition to be filed, and 
Eager Green, and John Barney, deceased. 1 fixed May 29th, 1883, at 9 o'clock A. M., as the time 

JOSEPH HENDLER. for presenting the same before the Grand lury fcr 

17-19 Clerk O. C. 'approval thereby ; notice to be given thereof by publi- 

— - - — — — Icaiion according to law. 

TO BE AUDITED BY THE In pursuance thereof, notice is hereby gfven to all 



Orphans' Court of Luzerne county. Notice is R.^"'f ""*^***^** »?)?f P^*^*'"* ^""^ **ll^'*"^i"?' 
hereby given that accounts have been filed and con- if ^^V ^^ <*«"^' =** »»>« ""« ^^^^ ^ above stated by 
firmed absolutely by the court in the following estates : 

X. Dorothea Rimbach ; William Kauffman, Admin- 
istrator: 15th May, 1883. 

2. John B. Wood ; John G. Wood, Trustee ; 15th 



Perry; A. H. Holcomb, Executor; 17th 



May, i«8^. 

3. Ira Sackett ; Henry W. Dunning, Administrator ; 
x6ih May, i88j. 

4. A. J. Pringle; Abram Nesbitt, Administrator; 
16th May, 1883. 

5. Mary A. P< 
May, 188^. 

6. Philip Marks; Henry Cohen, Administrator; 17th 
May, 1883. 

7. Stoddart Driggs; Charles M. Driggs, Adminis- 
trator; 1 81 h May, 1883. 

8. Fanny Bamum; Amos Sax, Executor; iSthMay, 
1883. 

9. Sarah Morrison ; I. P. Hand, Administrator; 21st 
May, 1883. 

xo. Elisha Nulton ; D. W. Nulton, Administrator 
2ist May, 1883. 

IX. Christian Arnold; W. F. Martz, Administrator 
d. b. n. ; 22d May, 1883. 

12. George Woodring; Reuben Thomas, Executor; 
22d May, 1883. 

X3. Rev. George Peck; Rev. George M. Peck, 
Executor; 23d May, 1883. 

The accounts enumerated and designated in the 
above list will be audited by the court, in the Court 
House, in the Orphans' Court room, during the session 
of court on the days set forth opposite the name of each 
estate, at which time all persons interested shall attend, 
if they see fit, and present their claims against said 
estate, or forever thereafter be debarred from coming 
in upon said fund. 

JOSEPH HENDLER. 
X7-X9 Clerk O. C. 



the court. 
16-19 



H. B PAYNE. 

Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to the Governor of the 
Commonwealth of Pennsylvania, under the provisions 
of the Act of Assembly, entitled "An Act to provide 
for the incorporation and regulation of certain corpora- 
tion," approved April 29th, 1874, and the supplements 
thereto, for the charter of an intended cor|x>ration, to 
be called " The Franklin Coal Company," the charac- 
ter and object of which is to purchase, lease, hold, sell, 
lease, and conxey coal lands, to mine and quarry coal 
therefrom, and to prepare coal for market, to buy, sell, 
and ship coal, ana to transact all business connected 
therewith, and for these purposes to have, possess, and 
enjoy all the rights, benefits, and privileges conferred 
by the said Act of Assembly and its supplements. 

HENRY S. DRINKER, 
18-20 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be madeundcr the Act of Assem- 
bly, entitled "An Act for the incorporation and regula- 
tion of banks of discount and deposit," approved May 
X3, 1876, and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the " Nanticoke Bank," and to be located in the bor- 
ough of Nanticoke, Luzerne county, Pa., the character 
and objects of which are the carr^'ing on the general 
business of banking as a bank of deposit and discount. 

W. H. HINF^S, 
14-24 Solicitor. 

8 



ESTATE OF JOSHUA VINCENT. LATE OF 
Exeter township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tncm 
tor payment, and those indebted thereto will please 
make immediate payment to 

SUSANNA VINCENT, 
BENNETT & NICHOLS, Administratrix. 

Attorneys. 14-19 

ESTATE OF ELLEN MADDEN, LATE OK 
Pittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

EDWARD GILLORAN, 
14-19 Administrator. 



ESTATE OF I AMES BIRTH, LATE OF ROSS 
township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tncm 
for payment, and those indebted thereto will please 
make immediate payment to 

JAMES CROCKETl*, 
i6-2x Administrator. 



ESTATE OF NILS JOHNSON, LATE OF THE 
borough of Parsons, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JOHN JOHNSON, 
16-21 Administrator. 

TESTATE OF EMILY H. DARLING, LATE OF 
Ci Wilkes- Barre, deceased. 

Letters of administration upon the above named 
estate having been granted to the undersigned, all pet- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

E. P. DARLING, 
17-22 Administrator. 

ESTATE OF CHARITY PRINGLE. LATE OF 
Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JACOB G. PRINGLE, Adm'r, 
McKune's P. O., Falls Twp., Wyoming Co., Pa. 
R. C. SHOEMARER, 
14-19 Attorney. 

I 



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ESTATE OF THOMAS DODSON, LATE OF 
Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
immediate payment to 

JOHN DODSON, 
GEORGE P. RICHARDS, 
H. C. MAGEE, Executors. 

Attorney. 18-93 



ESTATE OF JOHN REED, LATE OF THE 
borough of Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

HANNAH REED, 
GEO. S. FERRIS, Administratrix. 

Aitoniey. 18-23 



ESTATE OF WASHINGTON LEE. LATE OF 
the city of New York, deceased. 
Letters testamentary upon the above named estate 
having been granted to tnc undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

JOSEPH STICKNEY, 
R. SUYDAM GRANT, 
E. P. & J. V. DARLING, Executors. 

Attorneys. 18-23 



ESTATE OF ANTHONY SCHAPPERT, LATE 
of Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment^ and those indebted thereto will please 
make immediate payment to 

BARBARA SCHAPPERT, 
L. B. LANDMESSER, Administratrix. 

Attorney. 17-22 



ESTATE OF AUGUST STEPHENS, LATE OF 
Plymouth, deceased. 
Letters of administmtion upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immediate payment to 

J. W. ENO, 
O. F. NICHOLSON, Administrator. 

Attorney. 17-22 



ESTATE OF FRANCES S. KNAPP, LATE OF 
Pitts ton, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

AVERY KNAPP, 
F. C. MOSIER, Adminitrator 

Attorney. 17- 

ESTATE OF SAMUEL HARRIS, LATE OF 
Kingston, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please ' 
make immediate payment to 

LORENZO D. HARRIS, 
; E. G. BUTLER, Administrator. 

Attorney. 17-22 

1 



ESTATE OF RICHARD DEARIE, LATE OF 
Wilkes-Barre, deceased, 
letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
th^m for payment, and those indebted thereto will 
plsase make immediate payment to 

GEORGE DEARIE, 
A. FARNHAM, Administrator. 

Attorney. 16-21 



ESTATE OF lOHN SIMMER, LATE OF THE 
township of Newport, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JAMES M. NORRIS, 
W. S. McLEAN, Administrator. 

Attorney. i6-ai 



ESTATE OF ANDREW LEE, LATE OF THE 
city of Wilkes-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

E. P. DARLING, 
JOHN WROTH, 
6-21 Executors. 



ESTATE OF CORNELIUS O'NEILL, LATE 
of Pittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

CATHARINE SHEA. 
JOHN T. LENAHAN, Administratrix. 

Attorney. i7.aa 



ESTATE OF ELLEN O'NEILL, LATE OF 
Pittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same wiU present 
them for payment, and those indebted thereto will 
please make immediate payment to 

CATHARINE SHEA, 
JOHN T. LENAHAN, Administratrix. 

Attorney. 17-22 



ESTATE OF ELIZABETH ASHELMAN, 
late of West Pittston, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
hating claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

PETER ASHELMAN, 
E. D. NICHOLS, Executor. 

Attorney. 17-22 



ESTATE OF A. G. RICKARD, M. D., LATE 
of Plymouth, deceased. 
Letters of administration upon the above named 
esute having been granted to the undersigned, all 
persons having claims aeainst the same will present 
them for payment, and Uiose indebted thereto will 
please make immediate payment to 

LIVA A. RICKARD, 
R. N. SMITH, 
R. D. EVANS, Administrators. 

Attorney. 17-22 



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ESTATE OF DANIEL FOLEY, LATE OF 
Plymouth, deceased. I 

Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

MARY E. FOLEY, 
19-S4 Executrix. 



NOTICE IS HEREBY GIVEN THAT ADAM 
Dombroski has filed his application to keep a 
hotel in the office of the Ocrk of the Court of Quarter 
Sessions ol Luzerne county, and that said application 
will be heard by the court on Saturday, June 3d, 1883, 

L. K. stRENG, 
19-ai Clerk Q. S. 



ESTATE OF HUGH CRAWFORD, LATE OF 
Pittston, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons; 
having claims against the same will present them for 
|>ayment, and those indebted thereto will please make 
mmediate payment to 

HUGH R. CRAWFORD, 
JOHN RICHARDS, Executor. 

Attorney. «9-a4 



pa; 
im 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 97, February term, 1883. Libel in divorce a vin- 
culo matrimonii. Rebecca H. Batenian, by her next 
friend, Joseph Heath, v. Henr)r Bateman. The alias 
subpoena in the above case havine been returned non 
est inventiis,you,the said Henry Bateman, are herebv 
notified to appear at said court, on Monday, the 4tn 
day of June, 1883, at 10 o'clock A. M., to answer the 
complaint therein filed. 

WILLIAM O'MALLEY. 
HARDING & McGAHREN, Sheriff. 

Solicitors. 19-33 



ESTATE OF EDMUND TAYLOR, LATE OF 
Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JOHN TAYLOR, 
19-34 Administrator d. b. n. c. t. a. 



ESTATE OF GEORGE BROWN, LATE OF 
Conynsham township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

REUBEN SWANK, 
19-34 Administrator. 



ESTATE OF MARIA POWELL, LATE OF 
Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

GRIFFITH THOMAS, 
F. C. MOSIER, Administrator. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the onice of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Solomon Davidson, and that said license will be asked 
for in the court aforesaid on Monday, the 18th day of 
June, 1883, at 10 o'clock A. M. 

GUSTAV HAHN, 
19-90 Solicitor. 



NOTICE IS HEREBY GIVEN THAT APPLI- 
cation will be made to the Court of Quavter 
Sessions of Luzerne county for the purpose of annex- 
ing to the borough of Hazleton a certain tract of land 
amoining the same to the northward, and known as 
Diamond addition, together with the Lehigh Valley 
Railroad plot north of said borough, west of Pine 
street, extended and adjoining said Diamond addition. 

GEORGE H. TROUTMAN, 
19^1 Solicitor. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. A3, January term, 1883. Libel in divorce a vinculo 
matrimonii, fcate F. Leonard, by her next friend, 
Geo. N. Reichard, v. Charles H. Leonard. The alias 
subpoena in the above case having been returned non 
est inventus, you, the said Charles H. Leonard, are 
hereby notified to appear at said court, on Monday, 
the 4th day of lune, 1883, at 10 o'clock A. M., to 
answer the complaint therein filed. 

WILLIAM O'MALLEY, 
E. P. & J. V. DARLING, Sheriff. 

Solicitors. 



l8-8t 



IN THE COURT OF QUARTER SESSIONS 
of Luzerne county. No. 66, January sessions, 
1883. In Re Division of the township of^ Ross into 
three Election Districts. Notice is hereby given that 
the report of the Commissioners in the above stated 
case has been filed with the Clerk of the Court of 
Quarter Sessions, and was confirmed nisi by the court 
on the 30th of April, 1883, and that said report will be 
confirmed absolutely by the court, unless exceptions 
thereto be filed not later than the third day of the next 
term of said court. 

LOUIS K. STRENG. 
i8-ao Clerk Q. S. 



MoLEAN & JACKSON, 

Attorneys at Law, 

Wilkbs-Bakrs, Pa. 



CHAS. D. FOSTER, 

Attorney at Law, 

Wilkbs-Barhb, Pa. 



W. S. PARSONS, 

Alderman, 

Market Strbbt, Wilkks>Barrb, Pa. 



CALVIN WADHAMS, 
Attorney at Law and Notary Public, 

Wilkbs-Barrb. Pa. 



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The Luzerne Legal Register. 



Vol. XII. Friday, May i8, 1883. No. 20. 



(JTourt of Common JJUoa of Cnjcrne (ttonntg. 



Swallow v. Red Ash Coal Co. 

Appeal /ram justict 0/ tJu peace—Striking off— IVagex 0/ labor— Prttctic*. ^ 

The rule laid down in Gordon r. Snyder (is Luc. Leg. Reg. 91), as to the practice in cases of unau- 
thoriced appeals, followed. 

Ride to show cause why appeal should not be stricken off. 
The opinion of the court was delivered May 14, 1883, by 

Rice, P. J. — That the above was the proper rule to enter in 
this case is decided in Gordon v, Snyder (12 Luz. Leg. Reg. 91). 
In response to the rule, the defendant should have taken deposi- 
tions to show that the omission to file the proper affidavit was 
caused by the fault, fraud, or misconduet of the magistrate, and 
that the defendant corporation was guilty of no laches. An ex 
parte affidavit will not suffice. It is time that the requirements 
for an appeal from a judgment for the wages of manual labor 
were understood, but as there has been some confusion as to the 
practice in taking advantage of defects in taking such appeals, we 
feel compelled to permit the defendant to show, if such be the 
fact, that there was no fault on their part, as is alleged in their 
affidavit. See Burd v. Long. 

And now. May 14, 1883. '^ *s ordered that the above rule stand 
over until next argument court, with leave to the defendant in 
the meantime to take depositions. 

Jas. L. Lenahan, Esq., for plaintiff. 
J. A. Opp, Esq., for defendant. 



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122 Devert V, Lehigh Valley Coal Zo, 



dotirt of dommcni |pUas of Cujenu dotmto. 



Devert v, Lehigh Valley Coal Co. 

Ntgiigence—Non-tuit. 

1. In the absence of eridence to the contrary, a boy between fifteen and sixteen years of age is pre* 

sumed to have sufficient capacity and understanding to be sensible of danger, and to have the 
power to avoid h. 

2. If he knew the risks, and continued in the employment, it was his duty to exercise that judgment 

and discretion which the law imputed to him. 

3. If, in performing the duties of his employment, he unnecessarily puts himself in a place of known 

danger, and an accident results, he is chargeable with contributory n^igence. 

4. In such case the father cannot recover, although notice was not given to him that the employment 

had been changed. 

* Rule to show cause why compulsory non-suit should not be 
taken off. 

The opinion of the court was delivered May 14, 1883, by 

Rice, P.J. — ^We have re-examined with great care the evidence 
submitted on the trial of this case, and have fully reconsidered 
the reasons which we then thought were conclusive against the 
plaintiff's right to recover, but we still think that the granting 
of the non-suit was required. The deceased was a minor, but he 
was under no compulsion on that account to accept a more 
hazardous employment than that in which he was first engaged. 
He had driven through the gangway repeatedly during the two 
weeks immediately previous to the accident. He was between 
fifteen and sixteen years of age, and it was not shown that he did 
not have that discretion and intelligence which is usual with boys 
of that age. If it is to be legally presumed, as is decided in the 
case of Nagle v. The Allegheny Valley R. R. Co. (7 Norris, 35), 
that he had sufficient capacity and understanding to be sensible 
of danger, and to have the power to avoid it, he must certainly 
have known and appreciated the danger of riding in the car 
through the section of the gangway in question, whether reason- 
able care and skill had been exercised in its construction, or 
whether it was defective. If the employment in which he was 
engaged was in itself necessarily dangerous, and he voluntarily 



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Empire Building and Loan Association v, Morris. 123 

continued in it, knowing the risks, whether general or special 
in their character, it was his duty to exercise that judgment and 
discretion which the law imputed to him. If, in performing the 
duties of his employment, he unnecessarily put himself in a 
place of known danger, he was chargeable with contributory 
negligence. In whatever light we regard the evidence, we con- 
clude, without further elaboration, that it was our plain duty to 
declare that this was one of those painful accidents for which the 
law does not furnish a remedy in damages. 
The rule is discharged. 

T. R. Martin and D. L. O'Neill, Esqs., for plaintiff. 
H. W. Palmer and J. V. Darling, Esqs., for defendant. 



Court of dontmon Ipkaa of Cujerne (iTountj. 



Empire Building and Loan Association v, Morris. 

judgment— StriJcing off'— Fraud. 

I. A tcir* facias had issued against, and been served on, a defendant to revive a judgment contain- 
ing a waiver of exemption. The defendant, not wishing to proceed further in his defense, 
confessed a judgment, in which he waived the benefit of the exemption law. He swore that he 
could not read En^ish, and did not Icnow that the paper contained such waiver. There was 
not sufficient evidence of fraud or misrepresentation to submit to a jury. Upon these £cicts it 
was held, on a motion to strike off the judgment, that his ignorance ot the language was not a 
sufficient cause for such action. 

a. If a person who cannot read does not ask to have a paper, presented for his signature, read or 
explained to him, he is guilty of supine negligence, and unless fraud or misrepresentation be 
dearly shown, the paper will not be set aside. 

Rule to show cause why judgment should not be stricken off 

The opinion of the court was delivered May 14, 1883, by 

Rice, P. J. — The present rule was based on the defendant's 
sworn allegation that the confession of judgment was signed in 
blank, and that subsequently a waiver of inquisition and exemp- 
tion was inserted without his knowledge, and contrary to the 
express understanding of the parties. We cannot find from all 
the testimony that this allegation is sustained, nor that there is 
sufficient conflict of evidence as to the fact to warrant us in 
awarding an issue. Neither can we conclude that there was 



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124 Clark v, Sullivan. 



misrepresentation as to the contents of the instrument when the 
defendant signed it. The defendant swears that he cannot read 
English writing or print to understand it. Assuming this to be 
so, it is quite possible that he did not understand that the paper 
contained the waiver of exemption. This fact alone, without 
proof of fraud or misrepresentation, would not constitute a suffi- 
cient cause for setting aside the paper, or the judgment founded 
on it. It was his duty to have required the paper to be read or 
explained to him, and not having done so, he was guilty of 
supine negligence, which is not the subject of protection, either 
at law or in equity. Greenfield's Estate, 2 H. 496; Pennsylvania 
R. R. Co. V, Shay, i Nor. 198. 
The rule is discharged. 

F. W. Wheaton, Esq., for plaintiff. 
D. M. Jones, Esq., for defendant. 



(JTonrt of (jtommon JJUcw of Cujeriu (Jtountg. 



Clark v. Sullivan. 

R^erte — Conclusiveness (^f finings qf. 

Where there is a direct conflict in the testimony, involving the credibility of the witnesses, the deci- 
sion of the conflict by the referee will not be disturbed, unless it is clearly shown that he has 
<x>mmitted gross error. 

Exceptions to report of referee. 

The opinion of the court was delivered April 5, 1883, by 

Rice, P. J. — Where there is a direct conflict in the testimony, 
the referee, before whom the case is tried, must necessarily be 
the best judge of the credibility of the witnesses, and his findings 
upon such an issue will not be disturbed, unless it is clearly 
shown that he has committed gross error. After an examination 
of the evidence in this case, we find no reason to depart from this 
rule. There was abundant evidence before him, if believed, to 
warrant his conclusion that there was an original undertaking on 
the part of the defendant; and this fact being found, the other 
exceptions fall to the ground. 



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McDade v. Campbell. 125 

The finding of the referee that the defendant had paid for the 
potatoes is equally conclusive against the plaintiff. 

The exceptions are overruled, the report of the referee is con- 
firmed, and judgment is entered thereon in favor of the plaintiff 
for the sum of ;$824i» with interest from March 28, 1883. 



tiEottrt of Common |)Uas of Ctt^triu County. 

f 

McDade v. Campbell. 

"Where a verdict is rendered against the bindli^ instructions of the court, it is the duty of the court t» 
grant a new trial, evea tbougfa it may be possible that the court erred Ja giving such instructions. 

Rule for new trial. 

The opinion of the court was delivered December 1 1, 1882, by 

Rice, P. J. — As to the one hundred dollars alleged to have 
been paid upon the note in suit by an order or check on the 
building association, the verdict of the jury was against the bind- 
ing instructions of the court. We shall not stop at this time to 
decide whether the jury or the court reached the correct conclu- 
sion as to the law. The former were bound to obey our instruc- 
tions, and if we committed error the remedies for its correction 
were adequate. Our duty to grant a new trial under such cir- 
cumstances is. imperative. To refuse to do so because we should 
now conclude that we ought not to have given binding instruc- 
tions would be grossly unjust, for the reason that, however erro- 
neous such conclusion might be, the plaintiff would be deprived 
of the right of having it reviewed. We have no sensitiveness 
which would prevent us from acknowledging that we had com- 
mitted an error in our charge. In more than one case have we 
granted new trials for such error. That is not the question. 
The parties have a right by law to have our decision upon the 
legal question which was the subject of consideration in our 
charge reviewed by the higher court, and to refuse this applica^ 
tion would deprive the plaintiff of that right This would be the 
arbitrary exercise of power which would not be creditable to the 
administration of justice. 



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126 Moore v. Baker. 



in the case of Flemming v. Marine Insurance Co. (4 Wh. 59), 
tried at Nisi Prius, Judge Kennedy charged the jury that the 
plaintiff had not made out his case, and was not entitled to 
recover. Notwithstanding the express instructions of the court, 
the jury found for the plaintiff. Although the court in banc were 
of opinion that there was evidence to go to the jury, and that the 
instructions of the trial judge were erroneous in this particular, 
it was held that a new trial should be granted. The reasons for 
the rule adopted seem to be conclusive here. 

The rule is made absolute. 



John Lynch, Esq., for plaintiff. 
W. S. McLean, Esq., for defendant. 



(Hottrt of (Hommon {Jltos of £u^rne Countg. 
Moore v. Baker. 

Certiorari— Twenty days rule— Irregular return of service of summons. 

Where the justice had jurisdiction of the subject-matter of the action, and the return shows that the 
service of summons, though irregular, and not in strict conformity to the statute, was personal, 
and more than six years have elapsed from the date of the entry of judgment, and the parties 
are living, it is incumbent oo the plaintiff in error to show affirmatively want of knowledge of 
the judgment and action. 

The opinion of the court was delivered June 12, 1882, by 

Rice, P. J. — This judgment was entered by default in Decem- 
ber, 1873. In December, 1881, a scire facias issued thereon. 
The plaintiff in error immediately sued out this writ o{ certiorari. 
There is no evidence that he had notice of the original suit and 
judgment against him, unless it is to be presumed from the return 
to the summons. It is well argued by the counsel for the defend- 
ant in error that after this lapse of time, during which his client's 
demand may have been barred by the statute of limitations, the 
court ought not to be extremely technical in examining the 
record of the proceedings; but notwithstanding the disposition 
to sustain a judgment of such long standing, it is now too late 
to question the authorities which hold that "the twenty days' 



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Moore v. Baker. 127 



limitation" (for suing out the writ of certiorari) "does not apply 
to cases in which the justice has no jurisdiction, either of the 
parties or the subject-matter, and he has no jurisdiction of the 
former when they are not legally summoned." Lacock v. White, 
7 H. 498; Paine z/. Godshall et al., i Luz. Leg. Reg. 3; Mulligan 
V. Riley, i Kulp, 79. 

It is sometimes argued by counsel from these premises that 
where the service of the summons is irregular, and there is no 
appearance by the defendant, there is no limitation upon the time 
within which he may sue out a certiorari. However logical this 
conclusion may be, it is not fully warranted by the statute and 
the weight of authority. However irregular the service may be, 
the judgment is not void, and the defendant cannot impeach it, 
except by direct proceedings. Sloan v. McKinstry, 6 H. 120. 

The statute has provided in unequivocal terms "that no judg- 
ment shall be set aside, in pursuance of a writ oi certiorari, unless 
the same be issued within twenty days after judgment was ren- 
dered, and served within five days thereafter." Act March 20, 
1 8 10, § 21, P. D. 608. pi. 28. If we say that a defendant irregu- 
larly served with a summons is not included within this statutory 
limitation, but, in disregard of it, may sue out a writ of certiorari 
at any indefinite period, even though he has had actual notice of 
the judgment, we will be making an exception neither expressly 
nor impliedly recognized by the statute. The cases do not war- 
rant us in going so far in overturning the plain terms of the 
statute. It must be conceded that want of notice will take the 
case out of the operation of the twenty days* limitation, and this 
may be shown by parol (Lacock v. White, supra); but where 
the defendant has notice, even though the service of summons is 
irregular, and he has not waived the irregularity by appearance, 
he will not be justified in treating the judgment and the statutory 
limitation as nullities. Dailey v. Bartholomew, i Ash. 135; 
Brookfield v. Hill, i Phil. 439; Stedman v. Bradford, 3 Phil. 258; 
Harrison v. Wilkinson, i Luz. Leg. Reg. 89; Wasser v. Brown, 
I Kulp, 341; Hillside Coal and Iron Co. x^. Featherman, ibid^'^\\. 
Many other cases, both reported and unreported, might be cited 
to the same effect, but these will suffice to show that where the 
defendant's sole complaint is irregularity in the service of the 



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128 Moore v. Barer. 



summons, the exception of the case from the operation of the 
twenty days' limitation is based on the want of notice. 

This being the true ground of the exception, the question arises, 
upon whom does the burden rest of proving notice, or the want 
thereof? It has been held in the Philadelphia courts that the 
defendant must satisfy the court by affirmative proof that he 
applied for the writ within twenty days after the fact of judgment 
<:ame to his knowledge. Dailey v, Bartholomew, supra; Brook- 
field V, Hill, supra. 

We are not called on in this case to adopt or reject that rule, 
but we think that justice to the parties, and a fair regard to a 
reasonable construction of the statute, do require us to hold, that 
where the justice had jurisdiction of the subject-matter of the 
action, and the return shows that the service of the summons, 
though irregular, and not in strict conformity to the statute, was 
personal, and more than six years have elapsed from the date of 
the entry of the judgment, and the parties are living, it is incum- 
bent on the plaintiff in error to show affirmatively want of 
knowledge of the judgment and action. 

The return of the summons, as shown by the transcript, is as 
follows: ** Served on defendant personally, December 20, 1873, 
by making contents known.*' It may be conceded that this 
return is defective in not showing that the original was produced, 
but yet at the most this was an irregularity, and not a total want 
of service, and after this lapse of time the return, though irregular, 
ought to carry with it ^ prima facie presumption of notice of the 
action at least. This must be overcome before we will be justi- 
fied in setting aside the provision of the statute we have been 
considering. If, in fact, the plaintiff in error had notice, though 
irregular, of the action and judgment, it would be awarding a 
premium to dels^y to permit him now to complain. If he did 
not, in fact, have notice thereof, he could and ought to have 
shown it. Whether it is now too late, we do not decide. It is 
sufficient to say that, there being no sworn denial thereof, the 
proceedings must be affirmed. 

The proceedings are affirmed. 

E. Robinson, Esq., for plaintiff in error. 

John McGahren, Esq., for defendant in error. 



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SHERIFFS SALES. 
Abstract uf property to be sold by Wm. (yMalley, 
Sheriflf of Luzerne county, on Saturday, June gtn, 
A. D. 1883. at lo o'clock A. M.. at the Arbitration 
room, in the Court House, Wtlkes-Barre, who will 
proceed with the different properties in the order in 
which they are numbered, to wit : 
X 

Suits of Kreamer & Mann and Hayes & Co. v. S. 
H. Sturdevant and W. F. Goff, and Lehigh Coal and 
Navigation Co. v. S. H. Sturdevant. 

406 and 407 April term, 1879. and 48 June term, 1883 
Debt, #1,654 98* 11,784. to, and |i4 400. 

Bennet & Wheaton, > . ,^. . 
Dorrance & Price, /-'^"y*- 

The surfiice of all those lots of land in the city of 
Wilkes-Barre, on plot of lots of Sturdevant & Goff, 
described as follows : 

z. Lot No. I being 90 feet front on Hazle street and 
zoo feet in depth, and bounded on the west and rear 
by an alley ; improved, with a two-story brick build- 
ing, used as a store ana dwelling house, and outbuild- 
ings thereon. 

9. Lot No. 3 being so feet front on Hazle street and 
zoo feet in depth, and bounded in the rear by an alley ; 
improved, with a two-story brick building, used as a 
store and dwelling house, and outbuildings thereon. 

3. Lot No. 3 being » feet front on Hazle street and 
zoo feet In depth, and bounded in the rear by an alley ; 
Improved, with a two-story brick building, used as a 
store and dwelling house, and outbuildings thereon. 

4. Lot No. 4 being 20 feet front on Hazle street and 
zoo feet in depth, and bounded in the rear by an alley ; 
improved, with a two-story brick building, used as a 
store and dwelling house, thereon. 

5. Lot No. 5 being ao feet front on Hazle street and 
zoo feet in depth, and bounded in the rear by an alley ; 
improved, with a two-storv brick building, used as a 
store and dwelling house, tnereon. 

6. Lot No. 8 being q6 feet front on Ruddle street 
and 84 feet in depth, and bounded on the east side by 
an alley ; improved, with a two-story frame dwelling 
house and outbuildings thereon. 

7. Lot No. 9 being a6 feet front on Ruddle street 
and 84 feet in depth ; improved, with a two-story frame 
dwelling house and outbuildings thereon. 

8. Lot No. 10 being 26 feet front on Ruddle street 
and 75 feet in depth ; unimproved. 

9. Lot No. II being 36 feet front on said Ruddle 
street and 75 feet in depth ; unimproved. 

zo. Lot No. 12 being 26 feet front on Ruddle street 
and 75 feet in depth ; unimproved. 

zi. Lot No. 13 being 26 feet front on Ruddle street 
azid 75 feet in depth ; unimproved. 

za. Lot No. 14 being 26 feet front on Ruddle street 
and 75 feet in depth ; unimproved 

Z3. Lot No. 15 being 26 feet front on Ruddle street 
and 75 feet in depth ; unimproved. 

14. Lot No. 10 being 36 feet front on Ruddle street 
and 75 feet in depth ; unimproved. 

15. Lot No. 17 being 26 feet frx>nt on Ruddle street 
and 75 feet in depth ; unimproved. 

z6. Lot No. 18 being a6 feet front on Ruddle street 
aikd 75 feet in depth ; unimproved. 

17. Lot No. 19 being 37 feet front on Ruddle street 
ana 75 feet in depth ; unimproved. 

z8. Beginning at a comer in line of Hazle street and 
the Lehigh Valley Railroad, thence along said Hazle 
street 35 feet to a comer on an alley, thence along said 
alley i la feet to comer, thence 106 feet along an alley 
to a comer, thence 53 feet to a comer, thence 9 feet to 
a comer, thence 361 feet to a comer, thence 90 feet to 
a comer in line of the Lehigh Valley Railroad, thence 
along said railroad about 430 feet to place of beginning. 



Terry, thence along said lot 190 feet to Meade street, 
the place of beginning, being part of lot No. 43, in 
block No. 4, on plot of lots of^A. C. Laning, dec'd; 
unimproved. 

30. Beginning at a point on the northwesterly side 
of Lincoln street zoo feet distant from the comer of 
South street, thence northwesterly along line of lot 
No. I and parallel with South street 130 feet, more or 
less, to the line of the Lehigh and Susquehanna Rail- 
road, thence southwesterly along the line of said rail- 
road 50 feet to comer of lot No. 3, thence southeast- 
erly along said lot about 130 feet to Lincoln street 
aforesaid, thence along said street 50 feet to the place 
of beginning, being lot block No. 9, in No. z, on plot 
of the Wilkes-Barre Coal and Iron Co. ; unimproved. 
s 

Suit of Robert S. Dana, Administrator, and E. A. 
Dana, Administratrix of the estate of Sylvester Dana, 
deceased, v. Amold Bertels. 

ZI3 May term, i88z. Debt, #5,164.50. PI. lev. fa. 
7 June term. 1883. Bennett & Nichols, Att'ys. 

A piece of land in the aty of Wilkes-Barre, liegin- 
ning at the west comer of Dennis Quillan's lot, on the 
southeast side of Main street, at a point neariy oppo- 
site the intersection of Sullivan street with said Main 
street, thence along said Quillan's land 303 feet, thence 
10 feet, thenee 131 feet to the Wyoming canal, thence 
alon^ said canal 86 feet and 9 inches, thence 393 feet 
to said Main street, thence along said Main street 50 
feet to the place of beginning, containing 18,000 square 
feet of land, more or less. 

3 

Suit of J. G. Miller v. Owen L. Hughes. 

316 Oaober term, 1878. Debt, real, 11,115. Fl. fa. 
10 June term, 1883. Hutler, Att'y. 

All that lot of land in the townshin of Wilkes-Barre, 
beginning at a comer in the southeast line of the 
Lehigh and Susquehanna Railroad, and also in the line 
dividing certified lots Nos. 31 and 33, thence along the 
same 180 7-10 feet to a comer, thence 1,007 ^^^^ 'o ^ 
comer, thence 135 7-zo feet to the line of said railroad, 
and thence a northeasterly course along the line of saia 
railroad about 930 feel to the place of beginning, con- 
taining 3 acres, more or less; all improved, with a 
double two-story frame dwelling house, barn, other 
outbuildings, and fruit trees thereon, with a road mn- 
ning from the Wilkes-Barre and Faston turnpike to 
the said house, afibrding access to the said property. 

Suits of Michael Cannon v. James Pethrick, Gami- 
shee of Jacob Stemmer. 

139, 140, and Z41 Febmary term, 1883. Debt, I30.53, 
J14.37, and $16.03. Vend. ex. 2, 3, and 4 June term, 
1883. Cannon, Att'y. 

z. All that lot of land in the city of Wilkes-Barre, 
beginning at a point on Lincoln street 60 feet north- 
easterly from South street, thence northwesterly on a 
line parallel with South street back to the line of the 
Lehigh and Susquehanna Railroad, thence northeast- 
erly along said railroad 40 feet to a comer, thence 
southeasteriy on a line parallel to South street to Lin- 
coln street, thence southeasterly along said Lincoln 
street 40 feet to the place of beginning, being a part of 
lot No. I, in block No. 3, on map and plot of lots laid 
out by the Wilkes-Barre Coal and Iron Company • ex- 
cepting and reserving coal ; all improved, with a lar^e 
frame ouilding^ used as a tenement house, being two 
stories high, fronting on Lincoln street, and three 
stories hi^ in the rear, facing the Lehigh and Susque- 
hanna Railroad, and other smaller outbuildings. 

3. All that other lot of land on Mechanics alley, be- 
tween Northampton and South streets, in the city of 
WUkes-Barre, bounded on the west by said alley, on 

„ ^^ ^ „ „. the north by lot late of S. S. Coon, on the east by laid 

containing about 37,835 square feet of surface, now i of A. V. Smith, and on the south by land of G. M. 
used as a lumber-yard; improved, with a two-story! Miller, being 36 feet in frY>nt on said alley, and 76 



frame building, used as an office and store-room, to- 
gether with a frame bam, dry-house, and outbuildings 
tnereon. The above lot has three sidings from the 
L. V. R. R. and the L. & S. R. R. 

19. Beginning at a comer on the northerly side of ^ ^ 

Meade street, thence along the same %> feet to a comer. Iron Company's addition to the aty of Wilkes-Barre, 
thence 190 feet to an alley, thence along the same ^J being between South street and the old line between 
iieet to a comer of lot now or late belonging to C. F.' certified lots Nos. 33 and 34, excepting a lot 100 feet 

I II 



feet in depth ; all improved, with a two-story frame 
building and other smaller outbuildings thereon. 

3. All that other parcel of land on Lincoln street, in 
the city of Wilkes-Barre. being the whole of block No. 
3 on the map and plot of the Wilkes-Barre Coal and 



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fn front on the corner of South and Lincoln streets, 
sold to William and James Pethrick by F. J. Leaven- 
worth; all improved, with three large name building, 
used as tenements, the said buildings being two stones 
in height, fronting on Lincoln street, and three stories 
in height in rear, facing the L. & S. R. R. ; also one 
two-«tory frame building on the rear of said lot or 
block, and other smaller outbuildings. 

5 

Suit of William Kisner, Elliott P. Kisner. and the 
Hasleton Savings Bank, use of, v. William Thomas. 

276 May term, 1883. Debt, $750.00. Vend. ex. z 
June term, 1883. Kisner, Att'y. 

All that lot of ground on the north side of Broad 
street, in the village of West Hazleton, being lot No. 
7, of square No. 8, beginning 240 feet westward from 
northwest comer of Broad and Second streets, thence 
extending westward along said Broad street 40 feet, 
and thence of that same width extending northwardly 
in length or depth 150 feet to Spruce alley; unim- 
proved. 

6 

Suit of Eckley B. Coxe, Administrator d. b. n. c. t. a 
of the estate of Tench Coxe, deceased, v. Theodore 
Naugle. 

84 March term, 1883. Debt, reaL 13,350.48. Vend, 
ex. 6 June term, 1883. McClintocks, Att'ys. 

z. Being part of a tract of land surveyed in the war- 
rantee name of John Tittsworth, in Nescopeck town- 
ship, beginning at stone comer at the point of intersec- 
tion of the line of the said John Tittsworth survey by 
the line dividing the said Nescopeck township and 
Black Creek township, thence along the line between 
the said townships and through the John Tittsworth 
survey 293 perches to a stone, thence along the line of 
land now of Samuel Smith and surveyed in the war- 
rantee name of Robert Taggert 137 perches to a white 
oak, thence along the lands now or late of Nathan 
Miller. John Sherman, and Henry Kerchner, and Ibr- 
merly belonging to the German Reformed congrega- 
tion, 369 perches to a stone and 31 perches to a hickory, 
thence along the line of land now of Henry Kerchner 
106 perches to the stone comer, the place of beginning, 
containing 228 acres and 21 perches, strict meaubure. 

3. Beins a tract of land surveyed in the warrantee 
name of James Nodd. partly in said Nescopeck town- 
ship and partly in Black Creek township, beginning 
at a white oak comer of lands surveyed in the warran- 
tee name of the said James Nodd, German Reform^ 
congregation, Thomas Hamilton, and John Nodd, 
thence along the line of the said lands surveyed in the 
warrantee name of the said German Reformed congre- 
gation 216 perches to a poplar, 76 perches to a white 
oak, 170 perches to a black oak, 32 perches to a birch, 
90 7-10 perches to a maple stump and stone corner, 
thence along line of land surveyed in the warrantee 
name of Michael App lox perches to a stone comer, 
246^ perches to a stone comer and fence by land sur- 
veyed in the warrantee name of the said John Nodd 
293 perches to the white oak, the place of beginning. 
containing^59 acres and 80 perches, and allowance of 
6 per cent for roads, etc. 

3. Situate in said Nescopeck township, beginning at 
a stone on the west bank of Nescopeck creek, thence 
down said creek 66 perches to a hemlock tree, thence 
down said creek 56 perches to a stone, thence down 
and across said creek 61 perches to a post, thence 
down the east side of said creek 33 perches to a stone, 
thence along lands of Daniel Araer 145 perches to a 
stone comer, thence along lands of John H. Harter 
137 perches to the place of beginning, containing 90 
acres and 62 perches, strict measure. 

4. Situate in the said Nescopeck township, begin- 
ning at a poplar tree on the south bank of Nescopeck 
creek, thence 67 perches to a dog wood comer, thence 
by lands of J. G. Koehler 50 perches to a comer, 
thence across Nescopeck creek x6 perches to a chest- 
nut tree, thence down said creek 83 perches to the 
place of beginning, containing 13 acres and 31 perches, 
strict measure ; all improved. 

The first and second described tracts unimproved, 
and the third and fourth improved with house, barn) 
and other outbuildings. 

Improvements : First described tract, about 7 acres 

12 



cleared, balance unimproved. Second described tn9$. 
about 6 acres cleared, balance unimproved. On third 
described tract are erected a two-story plank or frame 
dwelling house, a frame wash house, a frame bam and 
other outbuildings, a saw and lath mill, a wheelwright 
and blacksmith shop. 

7 

Suit of D. L. O'Neill v. Hannah Duffy, Executrix 
of Michael Duffy, deceased. 

zii April term, 1879. Debt, $74.37. Al. vend. ex. 
II June term, 1883 O'Neill, Att'y. 

X. The following described piece of land in Plains 
township, banning at a comer, the intersection of 
Plains and West streets, and running thence along 
Plains street 150 feet to a comer, thence 164^ feet to 
a comer, thence 150 feet to a comer, thence 164^ feet 
to the place of beginning^ containiiu^ 24,675 square fleet 
of land, more or less, being lots Nos. 140 and 142 in 
plot of lots laid out for Jesse Thomas, together with 
two two-story frame dwelling houses and other out- 
building thereon. 

2. All that lot of land in the township of Plains, be- 
ginning at a comer at the intersection of Union street 
with Mocktown road, and mnning thence along said 
Mocktown road x6o feet to a comer on line of West 
street, thence along said West street 14X feet to the 
line of the Nanticoke Railroad, thence along the curve 
of the Nanticoke Railroad about 175 feet to Union 
street aforesaid, thence 81 feet to the place of begin- 
ning, containing about 17,460 square feet of land, being 
lots Nos. Z16, Z17, and xi8 in plot of lots laid out fur 
Jesse Thomas. 

8 

Suit of Abram Nesbitt, Administrator c. t. a.of A. J. 
Prinde, deceased, and A. N. Harvey, Administrator 
of N. H. Laycock, deceased, v. Samuel Pringle, Ad- 
ministrator of Caturah Ann Dilley, deceased, and In 
M. Dilley, Guardian of Carrie S. Dilley, minor diik) 
of Caturah Dilley. 

429 May term, 1883, Debt, $222.58. Vend. ex. 9 
June term, 1883. Powell, Att'y. 

All that piece of land in Kingston borough, begin- 
ning at a comer on Pringle street, thence suong land 
of David Fairchild 104 feet to a comer, thence along 
land sold to Tulius Mulford 95 feet to a comer, thence 
along said Nlulford lot xoofeet to a comer, thence 3 7-zo 
feet to a comer, thence aoo feet to a comer, thence 
along said Prinele street 142 feet to the beginning: all 
improved, and having erected thereon one two-story 
frame dwelling house and one carpenter shop ; also 
fmit trees and well of water. 20-22 



INSOLVENT'S NOTICE. 
Notice is hereby given that Monday, June 4tb, 
x88^, at xo o'clock A. M., has been fixed as the time 
of hearing by the court of the application of E. A 
Niven for final discharge under the insolvent laws. 

PALMER, DEWITT & FULLER, 
20-22 Attorneys. 



ORPHANS' COURT SALE. 
Esute of Ella C. Solly, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will expose at public auction, at the 
Arbitration room, in the Court House, at Wilkes-Barre. 
on Thursday, June 7th, 1883, at 10 o'clock A. M., all 
that piece of land in the borough of Dallas, beginning 
at a comer of land of Thos. A. Garrahan on the south 
side of road leading from Dallas village to Hunt&ville, 
thence along said Garrahan's land 12 perches to a post 
thence by land of Jacob Rice 6 perches to a comer of 
land of the Dallas Hi^h School Association, thence by 
land of said association 12 perches to a post, a comer 
on south bank of the road aforesaid, thcuce along the 
said road an easterly course 6 perches to the plaM of 
beginning, containing 72 perches of land, strict mea- 
sure, together with a x^-story house and outbuildings 
thereon. 

Terms of S alb— Cash. 

WILLIAM J. SOLLY, 

H. B. PAYNE, Admimstraior. 

HENRY W. DUNNING, 

Attomeys. ao-w 

I 



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ESTATES TO BE AUDITED BY THE 
Orphans* Court of Luzerne county. Notice ts 
hereby siven that accounts have been filed and con- 
firmed'^Kolutely by the court in the following estates : 
I. Joseph Hess; William Meixell, Executor; 5th 
June, 1883. 

a. Owen Ellis; E. P. Kisner, Administrator; 5th 
June, 1883. 

3. John R. Edwards; J. N. Edwards, Administrator ; 
5th June, 1883. 

4. John A. Harmon; Solomon Harmon and Henry 
Harmon, Administrators ; 6th June, 1883. 

5. John B. Gay ; Fisher Gay, Executor ; 6th June, 
1883. 

6. Daniel Davis; Owen Fritzinger, Executor; 6th 
June. 1883. 

7. John Stoddart ; William Sioddart, Administrator ; 
Tlh June, 1883. 

8. Daniel Gillespie; Michael Russell, Administra- 
tor; 7ch June, 1883. 

9. Cath ' ^ 
June, 1883. 

— illl: 
[un< 
. Ja 
1883, 

la. Luke Murphy; G. L. Halsey, Administrator; 
8th June, 1883. 

13. Nathan Klinetob; John Robinson, Administra- 
tor; xith June, 1883. 

14. George Nansteel; John Fisher, Administrator ; 
nth June, 1883. 

15. Cecelia B. Carey; B. F. Carey, Administrator; 
11th June, 1883. 

16. Martha Jameson; S. C. Jajme, Executor; lath 
June, 1883. 

17. Samuel Rough: Benj. Evans, Administrator; 
i2tn June, 188^. 

18. Tobias Mover; Homer Smethers, Administra- 
tor; lath June, 1883. 

10. Mary Macartney ; C. B. Jackson, Administrator ; 
i3th June, 1883. 

20. Ephraim R. Kittle: William E. Kittle, Admin- 
istrator; I3ih June, 188; 
Susan Houck ; 



Recent street, thence along said street 40 feet to the 
beginning, containing 6,000 square feet of land, more 
or less, being lot No. 90 in plot of lots laid out bv 
Calvin Wadhams and Alexander Famham in the 15th 
ward ; reser\-ing coal ; all improved, with no buildings 
thereon. 

Terms of Salb — ^100 down, and the balance on the 
confirmation of the sale and delivery of deed. 

B. C. REEVE, 

HENRY W. DUNNING, AdminUtmtor. 

Attorney. ao^s 



ORPHANS' COURT SALE. 
Estate of Robert Helm, deceas^. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will expose to public sale, on the 
premises, on Friday, June 1^,1883, at xo o'clock A.M., 
all that lot of land in the borough of West Piiuton. 
-. /u. .u..^ .w«j , being 30 feet on Exeter street, between Spring and 

9! Catharine Gro^; Nathan Snyder, Executor ; 7th Park streete, and running Uck 2v> feet to an alley, 
— ' conuining 6000 square feet of land, being the southerly 

one-half of lot No. 19 on the map of the West Pittston 
Land Association, having thereon an abundance of 
choice fruit trees. 
Tbrms of Salb — One-quarter down at sale, one- 

auarter down on confirmation of sale and delivery of 
eed, and the balance, with interest from confirmation, 
in six months from confirmation absolute; deferred 
payments to be secured by bond and mortgage on the 
premises. 

LYDIA HELM, 
JOHN RICHARDS, AdminUtratrix. 

Attorney. ai-aj 



10. William Briggs; J. F. Briggs, Administrator; 
8th June, 1883. 

1. James Brown; John Lynch, Trustee ; 8th June, 



ORPHANS' COURT SALE. 
' Estate of Ziba G. Msgor, deceased. 



_ . , By virtue 

of an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public sale, in the Arbitra- 
tion room, in the Court House, at Wilkes-Barre, on 
Friday, June aad. 1883, at 10 o'clock A. M., all those 
two several lou of land in the township of Lehman : 
One thereof beginning at a comer in line of lots Nos. 
b^. 16 and 17, thence on safd line 27 perches to a corner, 

. Washington Houck, Admiois- thence bv part of said lot No. 17, 74 4-10 perches to a 
trator ; 13th June, 1883. comer, thence so perches to a comer, thence 18 perches, 

22. Mary Sinclair; H. H. H.idsall, Administrator; thence 18 perches to a comer, thence iZ% perches to 
13th June, 188^. ,a corner, thence on the line between lots Nos. 17 and 

23. Martin Williams; Michael E. Collier, Admin- 18, iiz perches to a comer, and thence by land formerly 
istrator ; 14th June, 1883. owned by Garner H. Snyder io6 perches to the place 

24. D. W. luracr; Geo. G. Turner, Administrator ;i of beginning, conuining 39 acres and 39 perches of 
14th June. 1883, I land, more or less. 

25. Catharine Smith ; H. B. Wright, late Executor ; | The other piece of land beginning at a comer in the 



14th June, 1883. 



line between lots Nos. 17 and 18, thence 106 perches to 



26. John W. Davis; W.W. Amsbry, Adminstrator;!a corner in line of lots Nos. 16 and 17, thence 61 7-10 
14th June, 1883. ; perches to a corner, thence 106 perches to a comer of 

27. Alexander Gray; Alexander Gray, Executor ; I lot No. 37, near Harvey's creek, thence by lot No. 36 
15th June, 1883. 61 7-10 perches to the place of beginning, conuining 

28. J. Pryor Williamson ; E. G. Scott and A. Voigl, 40 acres and 140 perches of land, more or less. 
Executors ; i6lh June, 1883. j Reserving the pine timber on both of the said above 

The accounts enumerated and designated in the described lots ; and also excepting and reserving from 
above \\%i will be audited by the court, in the Court ihe above described premises allthat piece of land. 
House, in the Orphans' Court room, during the session containing twelve acres, according to reservations con- 
of court on the days set forth opposite the name of each tained in deed of Thomas N. Major and wife to Z. G. 
esute, at which time all person.s interested shall attend. Major. 

if they see fit, and present their claims against said Also one other piece of land in said township, bo- 
estate, or forever thereafter be debarred from coming ginning at the southwest comer of No. 38 at a suke 



JOSEPH HENDLER. 

Oerk O. C. 



center line 30 36-100 perches to the' place of beginmng, 



in upon said fund. I and stones, but formerly a yellow pine tree, thence 30 

. -. j perches to a corner in road leading from Lehman Cen- 

ter to Ross township, thence along said road 30 36-100 

'perches to a comer, thence 30 perches to a comer in 

I the center line in Lehman township, thence along said 

ORPHANS' COURT SALE. center line 30 36-100 perches * ' " 

ElsUte of Harrison Honeywell, deceased. By 'containing $% acres of land, 
virtue of an. order of the Orphans' Court of Luzerne 1 The said several pieces of land constitutins one body 
county, the undersigned will sell at public sale, at the of land, and havine erected thereon a dwelling house. 
Arbitration room, in the Court House, at Wilkes-Barre, bam, and other outbuildings, apple orchards, etc. 
on Thursday^. June 7th, 1883, at zo o'clock A. M., the Terms of Salb— zo per cent cash on day of sale, 15 
equal undivided half interest of all that lot of land in 'per cent on confirmation, and balance in one vear from 
the city of Wilkes-Barre, beginning at a point on the I day of confirmation, with interest from confirmation ; 
northerly side of Regent street in line of lot No. 01, deferred payments to be secured by bond and mortgage, 
thence along said lot 150 feet to a comer in line of Iot| " * *"" "" 



No. 92, thence along said lot 40 feet to lot No. 8p. 
thence along said lot 150 feet to northeriy side of saia 



; along 
I 



A. R. BRUNDAGE, 

Attorney. 



KATE MAJOR, 

Administratrix. 
az-2 

25 



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ESTATE OF THOMAS DODSON. LATE OP 
Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the underbigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
immediate payment to 

JOHN DODSON, 
GEORGE P. RICHARDS, 
H. C. MAGEE. Executors. 

Attorney. 18-23 



ESTATE OF JOHN REED, LATE OF THE 
borough of rittston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

HANNAH REED, 
GEO. S. FERRIS, Administratrix. 

Attorney. 18-33 



ESTATE OF WASHINGTON LEE, LATE OF 
the city of New York, deceased. 
Letters testamentary upon the above named estate 
having been granted to tnc undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

JOSEPH STTCKNEY, 
R. SUYDAM GRANT, 
E. P. & J. V. DARLING, Executora. 

Attorneys. 18-23 



ESTATE OF CORNELIUS O'NEILL, LATE 
of Pittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present then 
for payment, and those indebted thereto will please 
make immediate payment to 

CATHARINE SHEA, 
JOHN T. LENAHAN, Administratrix. 

Attorney. iT-aa 



ESTATE OF ELLEN O'NEILL, LATE OF 
Pittston township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immeaiate payment to 

CATHARINE SHEA, 
JOHN T. LENAHAN, Administiatrix. 

Attorney. i7-m 



ESTATE OF ELIZABETH ASHELMAN, 
late of West Pittston, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

PETER ASHELMAN, 
E. D. NICHOLS, Executor. 

Attorney. tj-» 



ESTATE OF JOSIAH KOCHER, LATE OF 
Lake township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

J. R. KOCHER. 
E. P. DARLING, Executor. 

Attorney. 90-25 



ESTATE OF OWEN CAFFREY, LATE OF 
Ashley, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

HONORA CAFFREY, 
JOHN McGAHREN, Executrix. 

Attorney. ao-25 



ESTATE OF THOMAG H. FRAlJciS, LATE 
of Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present tnem for 
payment, and those indebted thereto will please make 
immediate payment to 

GEORGE P. RICHARDS, 
H. C. MAGEE, Executor 

Attorney. »-»5 



ESTATE OF HUGH CRAWFORD, LATE OF 
•Pittston, deceased. 
Letters testamentary* upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those Indebted thereto will please make 
immediate payment to 

HUGH R. CRAWFORD, 
JOHN RICHARDS, Executor. 

Attorney. 19-34 



ESTATE OF LEWIS R. LEWIS. LATE OF 
Parsons, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all peisom 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RACHEL LEWIS, 
1. P. HAND, Executrix. 

Auomey. »-»5 



ESTATE OF THOMAS C HARKNESS, LATE 
of Wilkes- Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present tneoi 
for payment, and those indebted thereto will please 
make immediate payment to 

ISAAC LIVINGSTON, 
£. S. OSBORNE. Administrator. 

Attorney. «>-»5 



ESTATE OF MARIA POWELL, LATE OF 
Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for parent, and those indebted thereto will please 
make immediate payment to 

GRIFFITH THOMAS, 
F. C. MOSIER, Administrator. 

Attorney. 19-24 

26 



E^ 



STATE OF A. G. RICKARD, M. D., LATE 
_- of Plymouth, deceased. , 

Letters of administration upon the above ■•■»*jj 
estate having been granted to the undersuined, tu 
persons having claims against the same will prew*>^ 
them for payment, and Uiose indebted thereto will 
' please make immediate payment to 

XIVA A. RICKARD, 
R. N. SMITH. 
R. D. EVANS, Administratois. 

Attorney. «7^ 

I 



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The Luzerne Legal Register. 



Vol. XII. Friday, June 8, 1883. No. 23. 



!In the Court of Common 
Pleas of the county of 
Luzerne, 
No, 277, May T., 1883, 

And now, to wit, April 5, 1883, section 11 of Rule XXXIV. 
of the Rules of Court is amended so as to read as follows: 

In making up the trial list precedence shall be given to cases 
of the nature and in the order slated, as follows: 

1st. Actions for the cecovery of wages for manual labor, as 
provided by Act of 22d March, 1877, § I. 

2d. Feigned issues directed by the Orphans' Couj-t and Court 
of Common Pleas, sitting in Equity. 

3d. Issues under the Sheriff's Interpleader Act, according to 
the number and term of the execution under which they have 
been directed. 

4th. Issues in other interpleaders directed by the Court of 
Common Pleas: provided, that the money which may be the 
subject of controversy has been paid into court. 

5th. Issues on Auditors' reports and issues directed under 
section 2 of the Act of April 20, 1846 (P. L. 411). 

6th. Issues framed on appeals from the reports of auditors of 
the accounts of the county, city, boroughs, townships, and poor 
districts. By the Court. 



In Re Course of Study prescribed by \ 

Board of Examiners for applicants > No, 82, May T,, i88j, 
for admission as Attorneys at Law. J 

Now, March 6th, 1883, the Board of Examiners hereby (as 
directed by rule of court) prescribe the following course of study, 



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144 Rules of Court. 



which is made obligatory upon applicants for examination for 
admission as attorneys at law, subject to approval of court: 

1. Blackstone's Commentaries (Sharswood's edition). 

2. Kent's Commentaries^ Vol. I. 

3. Greenleafs Evidence, Vol. I. 

4. Smith or Parsons on Contracts. 

5. Byles on Bills. 

6. Story's or Bispham's Equity. 

7. Stephen on Pleading. 

8. Troubat & Haly's Practice (Brightly's Ed. recommended). 

9. Rules of Courts of Luzerne county. 

10. Equity Rules. 

1 1. Constitution of the United States. 

12. Constitution of Pennsylvania. 

13. "A Brief of a Title in the Seventeen Townships in the 

county of Luzerne/' by H. M. Hoyt. 

14. Acts of Assembly and Supplements in Purdon's Digest 

relating to Amendment, Competency of Witnesses, 
Execution, Frauds and Perjuries, Intestates, Judgments, 
Distress for Rent, Marriage, Wills. 
It is also directed that the works formerly in the obligatory 
course, and now omitted therefrom, viz., Introduction to Robert- 
son's Charles V. or Ilallam's Middle Ages, Kent's Commentaries, 
Vols. II., III., and IV., Bouvier's Institutes, and Acts of Assem- 
bly relating to Deeds and Mortgages and Decedents' Estates, be 
added to the course of study as now recommended to be read, 
but not obligatory. 

H. B. Payne, 
Edwin Shortz, 
Allan H. Dickson, 
Board of Examiners. 

Now, i6th March, 1883, after due consideration, the course of 
study as within prescribed by the Board of Examiners is hereby 
approved, and the Prothonotary is directed to enter the same at 
length upon the record. 

Charles E. Rice, 
Stanley Woodward, 

Judges, 



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Rules of Court. 145 



Amendment of Section it. Rule VII, of Rules of Orplians' Court. 

Now, loth June. 1882, section 11, Rule VII. of the Rules of 
the Orphans' Court, is amended so as to read: Reports of Exam- 
iners made by order of the court for any purpose will be con- 
firmed nisi at the time when filed, provided notice of filing has 
been given the parties interested, of their counsel, and if excep- 
tions be not filed by the third day after such filing, the court will 
make the proper decree in relation thereto. If exceptions be 
filed, they shall be placed on the next argument list, made up 
after such date, for disposition by the court, and the said section 
as heretofore published is hereby abolished. By the Court*. 

Amendment of Section ^, Rule XXI. of Rules of Orphans' Court. 

Now, 8th December, 1882, it is ordered that in all cases of 
partition in the Orphans* Court the return of the inquest shall be 
confirmed nisi when filed, and unless exceptions be filed thereto 
within ten days thereafter, the same shall be confirmed abso- 
lutely, and immediately after such final confirmation the court 
will, on application, grant a rule on heirs and parties interested 
to accept or refuse the estate at the valuation, or to make bids 
on the same, or to show cause why the same shall not be sold. 

It is further ordered that so much of section 4 of Rule XXI. 
now existing as may be in conflict herewith be abolished, and 
that this rule shall take effect at. the next January term of court. 

By the Court. 

Amendment of Section p, Rule VII. of Rules of Orphans* Court. 

Now, 9th February, 1883, it is ordered that section 9 of Rule 
VII. of the Rules of the Orphans* Court, be amended so as to 
read: Reports of Auditors appointed to distribute a fund will be 
confirmed nisi when filed, and if exceptions be not filed within 
ten days thereafter the same will be confirmed absolutely, and 
shall be so entered by the clerk on the court minutes and the 
proper docket. The reports of Auditors appointed for any other 



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146 Hazen V, Albertson. 



purpose than making distribution of a fund will be confirmed 
after three days, as provided for the reports of Examiners. 

By the Court. 

Additional Rule of the Orphans' Courts to be known as ''Section 4 
of Ride /. — Accounts!' 

Now, May 21st, 1883. the court decree the following: When 
Executors, Administrators, Guardians, or Trustees shall account 
in the Orphans' Court for the proceeds of sales of real estate 
made by the order of court, or under process given by will, the 
same shall be filed by the clerk on presentation, and shall be by 
him advertised in like manner for the same time, and together 
with those accounts which are filed in the Register's office for 
presentation to the court at the next term for confirmation nisi: 
Proiiid^dy that the fees of the clerk and the costs of advertising 
shall be paid before the account be filed: And provided further, 
that such accounts shall be on the oath or affirmation of the 
accountant. By the Court. 



(Eourt of Common |pUa0 of £u)erue County. 



Hazen v. Albertson. 

Appeal— Wages. 

The act of February 28, 1870 (P. L. 269), applying to appeals from " wages " suits in Luzerne 
county, was not repealed by the general act of April 20, 1876 (P. L. 43). 

Rule on defendant to perfect his appeal, as provided by the act 
of April 20th, 1876, or in default thereof, to show cause why the 
appeal should not be quashed. 

The opinion of the court was delivered April i6, 1883, by 

Rice, P. J. — This case is not shown by the transcript to be 
within the act of April 9, 1872 (P. L. 47; P. D. 1464.//. 5). It 
is not so certain that it does not by reasonable intendment show 
that it is within the first section of the act of April 20, 1876 (P. L. 
43). The first clause of that section, it is true, speaks of the 



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In Re Jackson Township. 147 

wages of manual labor, but the last clause provides as follows: 
"And the said defendant shall be required to give good and 
sufficient bail for the payment of the debt and costs . . in all 
cases for labor y We need not decide as to the applicability of 
that act to the demand of the plaintiff, as described in the tran- 
script, for we have no hesitancy in concluding that, under the act 
of February 28, 1870, relating to Luzerne county (P. L. 269). the 
appeal is clearly defective. In the case of Burd v. Long this act 
was held to be in force, notwithstanding the passage of the act 
of 1876. 

Now, April 16, 1883. it is ordered that, if the defendant perfect 
his appeal within ten days from this date, the rule be* discharged, 
but if not, that it be made absolute, and the appeal stricken off. 

T. R. Martin, Esq., for plaintiff. 
W. S. McLean, Esq., for defendant. 



(Jlourt of (Siuarter Sessions of Cujernc (Jlountg. 



In Re Division of Jackson Twp. into Election Districts. 

Eledum dutrictt — Practic*. 

I. Under the act of May i8, 1876 (P. L. 178), relating to the erection of election districts, the court 
may, upon petition, and in the exercise of their discretion, grant a review, although no excep- 
tions have heen filed to the report of viewers. 

3. Such review is not demandable of right, nor can the court award it of their own motion. 

3. The allowance of a petition for review will prevent the confirmation absolute of the original 

report until the report of reviewers is made, when, upon consideration of both reports and the 
evidence, the court may adopt either. 

4. If, however, no exceptions be filed to the original report, enough should appear on the face of the 

petition for review, or it should be accompanied by such proofe as will be sufficient to inform the 
court that a review is necessary. 

Exceptions to report of reviewers. 

The opinion of the court was delivered April 23, 1883, by 

Rice, P. J. — Upon petition in due form commissioners were 
appointed to report upon the necessity and expediency of divid- 
ing the township of Jackson into two election districts. Their 



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148 In Re Jackson Township. 

report in favor of the division was confirmed nisi^ June 22, 1882. 
No exceptions were filed to this report. 

On the 4th of September following, a petition of certain qual- 
ified freeholders of the township was presented to the court, 
setting forth that the division of the township as aforesaid was 
unnecessary, and that the erection of an additional election dis- 
trict would be expensive and burdensome. The petition also 
states at length their reasons for opposition to the propK>sed divi- 
sion, and prays for a review. Upon this petition being filed, the 
court appointed reviewers, who, on December 15, 1882, filed a 
report adverse to the proposed division. 

The first *exception to this report is, "that the review should 
only have been awarded on exceptions filed to the original 
report, and no such exceptions having been filed to said original 
report of viewers, it should be confirmed absolutely, and the 
report of the reviewers set aside.*' The other exceptions are to 
the same effect. 

The third section of the act of May 18, 1876 (P. L. 178), pro- 
vides as follows: "That when a report has been made by the 
said commissioners it shall be confirmed nisi by said court, which 
confirmation shall become absolute, unless exceptions be filed to 
the same not later than the third day of the next term of said 
court, and should exceptions be filed as aforesaid, they shall be 
disposed of on evidence, as said court shall deem just: Provided, 
that, if desired, a review may be had, if, in the opinion of the 
court, it may be necessary to secure a fair adjudication of the 
same, said reveiw to be asked for, however, before the report has 
been absolutely confirmed." 

Under this act a review is not demandable of right, nor can it 
be awarded by the court of its own motion. It is only to be 
allowed when asked for by the parties interested, and not then 
unless the court is satisfied of its necessity. But when must it 
be asked for, and how is the court to be satisfied of its necessity? 
It may be asked for at any time before the report of the original 
commissioners has been confirmed absolutely; hence it would 
seem that the request would not come too late, although testi- 
mony had been taken, and the confirmation had been delayed 
several terms by exceptions. But we can find nothing in the act 



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In Re Jackson Township. 149 



to indicate that the request must necessarily be delayed until the 
testimony has been taken. The terms of the proviso, "if, in the 
opinion of the court, it may be necessary to secure a fair adjudi- 
cation of the same,' do not, in our opinion, relate to the evidence 
taken on the exceptions previously filed, but to the question of 
the erection of the new district. The whole question, and not 
merely those suggested by the exceptions and the evidence taken 
thereon, is to be referred to the reviewers. 

It is argued that exceptions should be filed to the original 
report in order to inform the court as to the necessity for a 
review. In the case in hand this objection goes to the form and 
not to the substance of the proceedings, for the reason that the 
so-called petition for review is so full and specific in its statement 
of the objections to the original report that, in everything but 
form, it is equivalent to exceptions; and, having been filed before 
the third day of the succeeding term, may be treated as such. 

But, after a careful consideration of the act, we are constrained 
to go a step further, and to hold that the proviso annexed to the 
third section of the act applies to the whole of the preceding 
enacting clause, and qualifies the duty of the court in absolutely 
confirming the original report Hence, in analogy to proceed- 
ings in road cases, where a petition for review is presented before 
the time when a report of commissioners can be absolutely con- 
firmed, the court may grant the prayer of the petition, if, in their 
opinion, it is necessary to a fair adjudication of the question of 
the erection of the proposed new district or districts ; and the 
allowance of such review will prevent the confirmation absolute 
of the original report until the whole matter can be brought 
before the court. If, however, no exceptions be filed to the orig- 
inal report, enough should appear on the face of the petition for 
review, or it should be accompanied by such proofs as will be 
sufficient to inform the court as to the necessity for the review. 
We suggest this as to future cases; but it is clear that when a 
review has been once awarded, an adjudication that the court 
deemed it necessary is to be implied, which cannot be inquired 
into subsequently. 

Where the reports are conflicting, it does not follow that we 
must confirm the last one. As in road cases, the court may 



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150 Steinhauer V, Hill. 



adopt either. As to this question, we desire to hear the argu- 
ments of counsel. 

The exceptions to the report of reviewers are overruled, and 
it is ordered that the two reports be placed on the next argu- 
ment list. 

M. Cannon. Esq., for exceptions. 
A. Darte, Jr., Esq., contra. 



(ffourt of Common JJUas of Cujerne (Hottutg. 



Steinhauer v. Hill. 

Attachment — Wages. 

1. The act of May 8, 1876 (P. L. 139), relating to attachment of wages for board, docs not authorize 

the issuing of an attachment until after a judgment has been obtained. Garden v. Scott (i Rulp, 
196) followed. 

2. As to form of judgment against garnishee, Masters v. Turner (2 Luz. Leg. Reg 185) followed. 

Certiorari, 

The opinion of the court was delivered November 20, 1882, by 

Rice, P. J.— The act of May 8th, 1876 (P. L. 139), does not 
authorize the commencement of suits by attachment. Garden v. 
Scott, I Kulp, 196. The judgment against the garnishee was 
entirely irregular, even had there been a prior judgment against 
the defendant upon which the attachment could issue. Layman 
z/. Beam, 6 Wh. 181 ; Corbyn v, Bollman,4 W. & S. 342; Masters 
V. Turner, 2 Luz. Leg. Reg. 185. 

Both exceptions are sustained, and the proceedings reversed. 

James L. Lenahan, Esq., for plaintiff. 
James Mahon, Esq., for defendant. 



Handsome tidies are placed on satin-covered sofas, not so 
much as a guarantee of good faith, as to cover up the spots that 
are worn out. — Puck. 



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NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the onice of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
'os. Berlowitz, and that said license will be asked for 
n the court atoresaid on Monday, the i8th of June, 
1883, at 10 o'clock A. M. 

D. M. JONES, 
9a-a3 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by John H. 
Mitchell, and that said license will be asked for in the 
court aforesaid, on Monday, the iBth of June, 1883, at 
10 o'clock A. M. 

JOHN T. LENAHAN, 
3a-a3 Solicitor. 



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NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon bay been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Joseph Levison, and that said license will be asked 
tor in the court aforesaid on Monday, the i8th day of 
June, 1883, at 10 o'clock A. M. 

A. R. BRUNDAGE, 
22-33 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Abram MichaTowsky, and that said license will bte 
asked for in the court aforesaid on Monday, the i8th of 
June, 1883. at 10 o'clock A. M. 

D. L. O'NEILL, 
22-23 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filea in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Moses M. Goi- 
leib, and that said license will be asked for in the court 
aforesaid on Monday, the i8th day of June, 1883, at 10 
o'clock A. M. 

P. H. CAMPBELL. 
33-24 Solicitor. 








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W. BAIRD, LATE OF 



ESTATE OF JESSE 
Kingston, deceased. 
Letters of administration upon the above named 
estate having been granted 10 the undersipmed, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immediate payment to 

HART PHILLIPS, 
GEO. K. POWELL. Administrator. 

Attorney, 23-28 

ESTATE OF WILLIAM BRACE. LATE OF 
Franklin township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

FISHfcR GAY, 
MYRTLE W. BRACE, 
DICKSON & ATHERTON, Executors. 

Attorneys. 23-28 



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ESTATE OF EMILY H. DARLING, LATE OF 
Wilkes-Barre, deceased. 
Letters of administration upon the above named 
esute having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

E. P. DARLING, 
17-32 Administrator. 

29 



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KPHANS' COURT SALE. [during the life of said Eliza Casteriine, principal to be 

Estate of James Casucriine, deceased. By virtue paid to Isaac G. Casteriine, James A. Casteriine, Anna 



of an order of the Orphans' Court of Luzerne county 
the undersigned will sell at public sale, at the old 
homestead of Joseph Casteriine, in Franklin township, 
on Thursday, the 28th day of June, 1883, at 10 o'clock 
A. M., certain undivided interests, as hereinafter men- 
tioned, in the following real esute : 

I. Beginning at a comer of Asa Casteriine in line of 
land of Martin Winter, thence along said land 60 
perches to a comer of Wayman Roberts, thence along 
said Roberts' land 14 7-10 perches to small ash, thence 
36% perches to another comer of said Roberts, thence 
along said Roberts' land and the public hiehway, and 
lands of heirs of Joseph Ross and land of Joseph Cas- 
teriine, 224 perches to a stone comer in said road and 
comer of land of George Greish, thence along said 
Greish's land lo^ perche* to a small ash. thence 40 8-10 
perches to John Nulton's comer post ana stones, thence 
along said Nulton's 128 perches to a comer in the road 
leading from said Nulton's to Orange, thence alonzV^RPHANS' COURT SALE, 
said road the several distances, thence to a corner of J V-/ Estate of Robert Helm, deceased. By virtue 
land of Asa Casteriine, thence along line of said Cas-lof an order of the Orphans' Court of Luzerne county^ 



E. Casteriine, Ziba A. Casteriine, and Clayton R. 
Casteriine, their heirs and assigns, thirty days after 
the death of Eliza Casteriine. 

C. B WILLIAMS, 
ALVIN HOLMES, 
J. P. ROSENCRANS. 

Guardians. 
Note. — The heirs of age have joined in an agree- 
ment to sell their undivided interest in the hereinbefore 
described land to any person or persons who may pur* 
chase the interestof the wards of the said Guardians at 
public sale, at the same price relatively (or the whole 
esute that is given by such purchaser or purchasers 
for the interest of said minors. 

A. R. BRUNDAGE, 
HUBBARD B. PAYNE, 
22-24 Attorneys. 



terline 77 6-10 perches to a comer in a spring, thence 
32 9-10 perches, thence 36 9-10 perches, thence 29 3-10 
perches along public road leading to Courtright's, 
thence 56^ perches to the place of beginning, contain- 
ing 197 acres and 85 perches of land ; about 75 acres 
improved, and having thereon one iJ4 -story wood 
dwelling house, wood bam, wagon house, and other 
outbuildings, with one apple orchard. 

a. One other tract, being the sur&ce of a lot of land 
in the borough of West Pittston, being lot No. 61 as 
laid down on a certain plan of the town of Luzerne, 
on New York avenue, said lot being 50 feet in front on 
said New York avenue, and aoo feet in depth ; all im- 
proved. 

3. The surface of those lots of land in the village of 
Sturmerville, Exeter township, bounded as follows : 

(i) Beginning at a comer on the westerly side of 
Wyoming avenue, also comer of lot of Solomon Stur- 
mer, thence along said Sturmer's land in a westeriy 
direction 1^5 feet to a comer on an alley, thence along 
said alley in a northerly direction 50 feet tu a corner 
of a lot of Rozelle, thence along said Rozelle's land in 



the undersigned will expose to public sale, on the 
premises, on Friday, June 15, 1883, at 10 o'clock A.M., 
all that lot of land in the borough of West Pittston. 
being 30 feet on Exeter street, between Spring ana 
Park streets, and running back 200 feet to an alley, 
containing 6900 square feet of land, being the southerly 
one-half of lot No. 19 on the map i»f the West Pituton 
Land Association, having thereon an abundance of 
choice fmit trees. 
Terms op Sal^— One-quarter down at sale, one- 

auarter down on confirmation of sale and delivery of 
eed,and the balance, with interest from confirmation, 
in six months from confirmation absolute; deferred 
payments to be secured by bond and mortgage on the 
premises. 

LYDIA HELM. 
JOHN RICHARDS, Administratrix. 

Attorney. 21-23 

ORPHANS' COURT SALE. 
Esute of Ziba G. Major, deceased. By virtue 



„ I of an order of the Orphatis' Court of Lureme county, 

an easterly direction 175 feet to a corner on said Wyo-.the undersigned will sell at public sale, in the Arbitra- 
ming avenue, thence along same in a southerly direc-{iion room, in the Court House, at Wilkes-Barre, on 
tion 50 feet to beginning, conuining 8,750 square feet Friday. June 22d. 1883, at 10 o'clock A. M., all those 



of land ; all improved, with no buildings thereon. 

(a) Beginning at a corner on the northerly side of 
Lincoln avenue at a corner of lands late of George 
Corey, thence along said land in a northerly direction 



two several lots of land in the townshio of Lehman : 

One thereof beginning at a comer in line of lou Nos. 
16 and 17, thence on said line 27 perches to a comer, 
thence by part of said lot No. 17, 74 4-10 perches to a 



150 feet to a comer on an alley, thence along said alley ) corner, thence 50 perches to a corner, thenpe 18 perches, 
easterly 50 feet to a corner of land late of said George thence 18 perches to a" corner, thence i8>i perches to 
Corey, thence along said Corey's lands southeriy 150'a comer, thence on the line between lots Nos. 17 and 
feet to a corner on said Lincoln avenue, thence along 18, iti perches to a corner, and thence by land formeriy 
said avenue westerly 50 feet to beginning, containing owned by Gamer H. Snyder 106 perches to the pUce 
7,^00 square feet of land ; all improved, with no build- of beginning, containing 39 acres and 39 pcrchesk of 
ings thereon. ^ 1 land, more or less 



(3) Beginning at a corner on the southerly side of 
Pennsylvania avenue, also a comer on an alley, thence 
along said alley southerly 150 feet to a comer on 
another alley, thence along last mentioned alley west 



The other piece of land beginning at a comer in the 
line between lot.-^ Nos. 17 and 18, thence 106 perches to 
a corner in line of lots Nos. 16 and 17, thence 6z 7-10 
perches to a comer, thence 106 perches to a comer of 



criy 50 feet to comer of lands late of George Corey,, lot No. 37, near Harvey's creek, thence by lot No. 36 
thence along said Corey's land northerly 150 feet to a 61 7- to perches to the place of beginning, conuining 



comer on Pennsylvania avenue, thence by said avenue 
easterly 50 feet to beginning, conuinine 7,500 square 
feet of land; all improved, with no buildinp thereon. 
It is now ordered and decreed that Chandler B. 
Williams, Guardian, Alvin Holmes, Guardian, and J. 



40 acres and 140 perches of land, more or leas 

Reserving the pine timber on both of the said above 
described lots ; and also excepting and reserving from 
the above described premises all that piece of land, 
conuining twelve acres, according to reservations con- 



P. Rosencrans, Guardian, sell at public sale the inter- tained in deed of Thomas N. Major and wife to Z. G. 
est of Isaac G Casteriine and James A. Casteriine,* Major. 

minor children of James G. Casteriine, deceased, be-. Also one other piece of land in said township, be- 
ing two-thirds of one-seventh of the same ; also the ginning at the southwest comer of No. 38 at a suke 
interest of Anna £. Casteriine, a minor child of James and stones, but formerly a yellow pine tree, thence 30 
G. Casteriine, deceased, being one-third of one-seventh perches to a corner in road leading from Lehman Cen- 
of the same, and also the interest of Ziba A. Casteriine ter to Ross township, thence along said road 30 36-xoo 
and Clayton R. Casteriine, minor children of James 1 perches to a corner, thence 30 perches to a comer in 
Casteriine, deceased, being two-thirds of one-seventh the center line in Lehman township, thence along said 
of the same, upon the following terms of sale : One- {center line 30 36-100 perches to the place of beginiurg, 
third down on day of sale, one-third on day of confir- containing $% acres of land. 

mation of sale, and that one-third be secured upon the 1 The said several pieces of land constitutins one body 
lands by bond and mortgage, interest to be paid annu- of land, and having erected thereon a dwelling house, 
ally to Eliza Casteriine, widow of James Casteriine, bam, and other outbuildings, apple orchards, etc. 



30 



I 



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—% 



A 

F 



The Luzerne Legal Register. 



Vol. XII. Friday, June 15, 1883. No. 24. 



(ffourt af ficnnmoix J)Ua0 of Cujenu Counto. 



HoupT, Garnishee^ v, Lewis. 

ymsttct 0/ ike ptace— Attachment execution. 

t . Where a garnishee in his answer denies any indebtedness to the defendant as an individual or 
principal, ^ut admits that he has had deaUngs with him as agent, the answer will prevent judg- 
ment against the garnishee. 

^^ a. Where the answer denies indebtedness to the defendant as a principal, a claim by the defendant 

hal. to have the fund set apart to him under the exemption law will not conclude the garnishee, nor 

rp! alone warrant the entering of judgment against him. 

3. It is competent for the plaintiff, notwithstanding the answers of the garnishee, to require the issue 

to be tried before the justice ; and if the record shows a trial, the court cannot, on certiorari^ 
review the correctne ss of the justice's conclusions from the evidence. 

4. It is possible, also, that upon ^e day of the hearing the plaintiff might cause additional interrog* 

atories to be served upon the garnishee, and require him to answer them. 

5. The verbal statements of the garnishee, made in the presence of the justice, after his answers have 

been delivered, and when not under oath, and which are not irreconcilable with his former 
answers, will not authorize the justice to disregard his former answers, and to enter Judgment 
against him. 

<t. Practice before justice of the {>eace in cases of attachment execution, considered. 

Certiorari, 

The opinion of the court was delivered June 11, 1882, by 

Rice, P. J. — On December 6th, 1882, the alderman issued an 
attachment execution against H. C. Gates, as defendant, and M. 
B. Houpt. On the same day the plaintiff filed interrogatories. 
The writ and a copy of the interrogatories and a rule to answer 
were duly served. On December 14th, 1882, the return day of 
the writ and the rule, all parties appeared before the alderman. 
The defendant in the writ put in a written claim for the benefit 
of the exemption law. The garnishee filed written answers to 
the interrogatories, as follows: "I have not had transactions 
with him" (the defendant) "as an individual or principal since 
the within attachment was served on me, nor was I then indebted 



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152 HouPT V, Lewis. 



to him as such, nor have I since been. Prior to the service of 
said attachment I had been dealing with said Gates as agent, and 
at the time of the service thereof I had ordered the manufacture 
of certain goods by him as such. Since, and prior to the service 
thereof, he has delivered said goods to me as such agent, amount- 
ing to ^595.18, and I have paid him on account thereof, to wit, 
December 13th, 1882, the sum of $250." The interrogatory to 
which this answer was made reads as follows: "Have you had 
any business transactions with the said H. C. Gates by which 
you are indebted to him? If yes, state the amount of your in- 
debtedness to him at the time of the service of this attachment. 
State in your answers the particulars in relation to your indebt- 
edness to him, and whether on account, note, or otherwise." 

A garniishee is only required to answer the interrogatories that 
may be submitted to him. "And judgment will not be entered 
against him on his answer, unless he expressly or impliedly 
admits his indebtedness to, or his possession of assets belonging 
to, the judgment debtor; and the admission ought to be of such 
a character as to leave no doubt in regard to its nature and 
extent." 9 Sm. 361-364. 

Although the facts of the case cited differ from those involved 
in this case, the principle controlling the decision is a general 
one, and is applicable here. The general denial by the garnishee 
of any indebtedness to the defendant, and of any transactions 
with him as an individual or a principal, was a complete answer 
to the interrogatory, and relieved him from the necessity of ex- 
plaining his transactions with him as an agent. The garnishee 
asserts in his answer, not merely that the defendant in his trans- 
actions with him claimed to act as an agent, but that he was, in 
fact, such; and, therefore, if the answer was in itself sufficient to 
prevent judgment against the garnishee, no act of the defendant 
subsequent to the service of the writ, as, for example, claiming 
the benefit of the exemption law, could destroy its effect. We 
do not wish to be understood as saying that evidence of such an 
act would not be competent for any purpose, or in any stage of 
the proceedings. It might be evidence to discredit the defendant, 
or to estop him from denying that the fund was his. But what 
we mean to decide is this, that when the garnishee denies in his 



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HouPT V, Lewis. 153 



answer any indebtedness to the defendant, and the record shows 
nothing further than a claim by the defendant to have the fund 
set apart to him under the exemption law, judgment cannot be 
entered against the garnishee on his answer. 

The record further shows that the hearing was continued until 
December i6th, 1882, at which time the parties again appeared 
before the magistrate. On the last mentioned date the plaintiff 
filed a paper excepting to the answer of the garnishee, and con- 
cluding with a request "that the garnishee may be further exam- 
ined and required to make further answers, and that the matter 
may be fully inquired into and tried before the alderman." The 
garnishee declined to file any further answers in writing to the 
interrogatories already answered, *'but answered verbally" (as 
the transcript states) "that nothing was said about defendant 
being agent at the time he contracted the debt with defendant, and 
that the reason he paid a part of the claim was that he supposed 
it would make no difference, as he still had money enough in his 
hands to pay plaintiff's claim." The record thus concludes: 
"The alderman being of the opinion that the claim of the defend- 
ant is virtually an admission that the debt is owing to him per- 
sonally, and not to him as agent, and the defendant and garnishee 
both failing to disclose whom defendant is agent for, and also 
failing to give the particulars of the transaction, therefore judg- 
ment is publicly entered that the plaintiff have execution," etc. 

In thus entering judgment against the garnishee, we think the 
alderman erred. It was competent for the plaintiff, notwithstand- 
ing the answers of the garnishee, to require the issue to be tried, 
and to introduce evidence to show that the money attached was 
a debt due to the defendant as an individual or principal, and if 
after hearing such evidence the alderman had entered judgment 
for the plaintiff, the court could not, on certiorari^ review the cor- 
rectness of his conclusions from such evidence. The only rem- 
edy of the party aggrieved would be by appeal. So, also, upon 
the trial of the issue, the plaintiff could have required the defend- 
ant and the garnishee to be sworn, and to testify as if under 
cross-examination. It is possible, also, that upon the day of the 
hearing the plaintiff might have caused additional written inter- 
rogatories to be served upon the garnishee, and have required 



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154 Herrod & Co. V, Frauenthal Bros. 

him, by rule, to answer them within the time fixed by the statute. 
But the record, by which alone we must decide as to the regu- 
larity of this judgment, does not show that either of these methods 
was followed, and hence we conclude: first, that the admission of 
the defendant, implied from his claim of the exemption, could 
not conclude, nor alone warrant, judgment against the garnishee; 
second, that such judgment was not warranted by the failure of 
the garnishee to state specifically for whom the defendant was 
agent, the interrogatories, as served upon him, not requiring 
such answer; third, that his verbal statement, made after his 
answers had been delivered to the magistrate, and when not 
under oath, and which were not in themselves irreconcilable with 
his former answers, did not authorize the alderman to disregard 
his former answers, and to enter judgment against him. 

The judgment is reversed. 

Q. A. Gates, Esq., for plaintiff. 

J. G. Miller, Esq., for defendant. 



Court of Common |pUa0 of Cujeriu Countg. 



Herrod & Co. v. Frauenthal Bros. 

An affidavit of defense must state clearly and fully the exact grounds uid extent of the defense. 

Rule for judgment for want of a sufficient affidavit of defense. 

The opinion of the court was delivered January 29, 1883, by 

Woodward, J. — Under the authorities, we are disposed to 
think that the affidavit of defense filed in this case is defective in 
not alleging a warranty as to the goods sold, although an infer- 
ence that such an allegation was intended is possible from the 
language used in the affidavit. It seems to us that the justice of 
the case requires a clearer and fuller statement of the exact 
grounds and extent of the defense. It is, therefore, now ordered 
that the defendants have leave to file an additional or supple- 
mental affidavit of defense within ten days. If such affidavit is 
filed, and is satisfectory, the present rule will be discharged, 
otherwise it will then be made absolute. 



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ORPHANS' COURT SALE. ! during the life of said Elira Casterlme, principal to be 

Estate of James Casterline, deceased. By virtue paid to Isaac G. Casteriine, James A. Casterline, Anna 
of an order of the Orphans' Court of Luzerne county J E. Casteriine, Ziba A. Casteriine, and Clayton R. 
the undersigned will sell at public sale, at the old Casteriine, their heirs and assigns, thirty days after 
homestead of Joseph Casteriine, in Franklin township, the death of Eliza Casteriine. 



on Thursday, the 28th day of June, 1883, at 10 o'clock 
A. M., certain undivided interests, as hereinafter men- 
tioned, in the following real esute : 

I. Beginning at a comer of Asa Casteriine in line of 
land of Martin Winter, thence along said land 60 
perches to a corner of Way man Roberts, thence along 
said Roberts' land 14 7-10 perches to small ash, thence 
3654 perches to another corner of said Roberts, thence 
along said Roberts' land and the public highway, and 
lands of heirs of Joseph Ross and land of Joseph Cas- 
teriine, 224 perches to a stone comer in said road and 
comer of land of George Greish, thence along said 
Greish's land J05 perches to a small ash. thence 40 8-10 
perches to John Nulton's comer post and stones, thence 
along said Nulton's 128 perches to a comer in the road 
leading from said Nulton's to Orange, thence along 
said road the several distances, thence to a comer of 
land of Asa Casteriine, thence alon^ line of said Cas- 
teriine 77 6-10 perches to a comer in a spring, thence 
32 9-10 perches, thence 36 9-10 perches, thence 29 3- to 
perches along public road leading to Courtright's, 

thence 56% perches to the place of beginning, contain- on Tuesday, the 3d day of July, il 
ing 197 acres and 85 perches of land; about 75 acres' A. M., all that certain lot of land i 



C. B. WILLIAMS, 
ALVIN HOLMES, 
J. P. ROSENCRANS. 

Guardians. 
Note. — The heirs of age have joined in an agree- 
ment to sell their undivided interest in the hereinbefore 
described land to any person or persons who may pur- 
chase the interest of the wards or the said Guardians at 
public sale, at the same price relatively for the whole 
estate that is given by such purchaser or purchasers 
for the interest of said minors. 

A. R. BRUNDAGE, 
HUBBARD B. PAYNE, 
22-34 Attorneys. 



ORPHANS' COURT SALE. 
Estate of Edgar W. Mandeville, deceased. 



By 



virtue of an order of the Orphans' Court of Luzerne 

county, the undersigned will sell at public sale, at the 

.\rbitration room, in the Court House, at Wilkes- Barre, 

'illy, 1883. at to o'clock 

land in the township of 



improved, and having thereon one iJ4-*lory wood Plains, beginning at a comer on the public road lead- 
ing from Mitchell's hotel building to the plank road 



dwelling house, wood barn, waeon house, and other 
outbuildings, with one apple orchard. 

a. One other tract, being the surface of a lot of land 
in the borough of West Pittston, being lot No. 61 as 
laid down on a certain plan of the town of Luzerne, 
on New York avenue, said lot being 50 feet in front on 
said New York avenue, and 200 feet in depth ; all im- 
proved. 

3. The surface of those lots of land in the village of 
Sturmerville, Exeter township, bounded as follows : 

(i) beginning at a corner on the westerly side of 
Wyoming avenue, also corner of lot of Solomon Stur- 
mer, thence along said Sturmer's land in a westerly 
direction 175 feet to a comer on an alley, thence along 
said alley in a northerly direction 50 feet to a corner 
of a lot of Rozelle, thence along said Rozelle's land in 
an esisterly direction 175 feet to a comer on said Wyo- 
ming avenue, thence along same in a southerly direc- 
tion 50 feet to beginning, containing 8,750 square feet 
of land; all improved, with no buildings thereon. 

(2) Beginning at a corner on the northerly side of 
Lincoln avenue at a corner of lands late w George 
Corey, thence along said land in a northerly direction 
150 feet to a corner on an alley , thence along said alley 
easteriy 50 feet to a comer of land late of said George ! mation ; to be secured by bond and mort] 



Corey, thence along said Corey's lands southerly 150 
feet to a corner on said Lincoln avenue, thence along 
said avenue westerly 50 feet to beginning, containing 
j,vx> square feet of land ; all improved, with no build- 
ings thereon. 

(3) B^inning at a comer on the southerly side of 
Pennsylvania avenue, also a comer on an alley, thence 



and North Branch Canal, thence along said road 60 
feet in a westerly direction to a corner ot lands now 
or formerly of Hancock & Macknight, thence along 
same in a northeasteriy direction to a comer of lanos 
now or formerly of the estate of William H. Merritt 
149 feet, thence along lands now or formeriy of said 
Merritt estate 60 feet in an easterly direction to a cor- 
ner of lands now or formerly of said Hancock & Mac- 
knight, thence along same 50 feet in a southerly direc- 
tion to a corner of lot* now or formerly of the said 
Hancock & Macknight, continuing thence in a south- 
erly direction 90 feet to the place of beginning, con- 
taining 8,670 square teet of land ; all improved, with a 
2-story frame dwelling and frame bam erected thereon, 
and with the right and privilege of one-half of the well 
on the westerly side of said lot. said well being one- 
half on land of^Hancock & Macknight ; excepting and 
reserving, however, all coal and other minerals under 
the surface of said lot, together with the right of min- 
ing and removing the same. 

Tbrms of Sale — One-fourth of purchase money 
payable on day of sale, one-fourth on confirmation, 
and the balance in one ^ear, with interest from confir- 

'mo. 

Trustee. 
23-25 



FRANCIS A. 
BENNETT & NICHOLS, 

Attomeys. 



ORPHANS' COURT SALE. 
Estate of Lewis Weidenbach, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county. 



alons said alley southerly 150 feet to a comer on 

iner alley, thence along last mentioned alley west-! the undersigned will sell at public sale, on the prem- 



ises, in the borough of Hazleton, on Saturday, the 7th 
day of July, 1883, at 2 o'clock P. M., all that lot of 
ground on the south side of Broad street, in the bor- 
ough of Hazleton, being lot marked No. ^, in square 
No. 20, according to the general plan of said borough, 
commenciiig at the distance of 200 feet westward from 
the west side of Cedar street, containing in front or 
breadth on said Broad street 3^ feet and 4 inches, and 



eriy 50 feet to corner of lands late of George Corey^. 
thence along said Corey's land northerly 150 feet to a 
comer on Pennsylvania avenue, thence by said avenue 
easterly 50 feet to beginning, containing 7,500 square 
feet of land; all improved, with no buildings thereon. 
It is now ordered and decreed that Chandler B. 
Williams, Guardian, Alvin Holmes, Guardian, and J. 
P. Rosencrans, Guardian, sell at public sale the inter- 
est of Isaac G Casteriine and James A. Casteriine, extending of that width in length or depth southward to 
minor children of James G. Casteriine, deceased, be- the north side of Mine street; subject to certain rights 
ing two-thirds of one-seventh of the same- also the and mining privileges reserved to the Lehigh Vauley 
interest of Anna E. Casteriine, a minor child of James Railroad (^. The Tot improved by a two-stoiy frame 
G. Casteriine, deceased, being ooe-third of one-seventh dwelling, used as a saloon and double dwdlmg and 
of the same, and also the interest of Ziba A. Casteriine kitchen, etc. 

and Clayton R. Casteriine, minor children of James Tesms op Sale — 95 per cent cash on day of sale, 25 
Casteriine, deceased, being two-thirds of one-seventh ' per cent on confirmation of sale, and balance in one 
of the same, upon the following terms of sale : One- j year from day of sale, with interest; to be secured by 
third down on day of sale, one-third on day of confir- bond and mortgage on the premises. 



nation of sale, and that one-third be secured upon the 
lands by bond and mortgage, interest to be paid annu- 
ally to Eliaa Casteriine, widow of James Casteriine,! 

I 



JOHN G. SEAGER, 
C. W. KLINE, Administrator d. b. n. c. t. a. 

Attorney. 84-26 

33 



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LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 42, January term , 1883. Libel in divorce a vinculo 
matrimonii. Kate F. Leonard, by her next friend, 
Georze N. Reichard, v. Charles H. Leonard. To| 
Charles H. Leonard — Please take notice that the court 
has granted a rule on you to show cause why a divorce 
a vinculo matrimonii shall not be made and entered in 
favor of the libcUant, service of the subpoena having 
failed on account of your absence. Returnable on 
Saturday, June 16, 1883, at 10 o'clock A. M. 

E. P. & J. V. DARLING, 
23-34 Solicitors. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 101 5^, May term, 1883. Libel in divorce a vinculo 
matrimonii. Mary Moun^oy , by her next friend, John 
Dennis, v. John Mountjoy. Ihe alias subpoena in 
the above case having been returned non est inventus, 
you, the said John Mountjoy, are hereby notified to 
appear at said court, on Monday, October i, 188^, at 
10 o'clock A.M., to answer the complaint therein filed. 
WILLIAM O'MALLEY, 
T. R. MARTIN, Sheriff. 

Solicitor. 23-26 



ESTATES TO BE AUDITED BY THE 
Orphans* Court of Luzerne county. Notice i» 
hereby given that accounts have been filed and con- 
firmed absolutely by the court in the following estates : 
I 26. John W. Davis; W.W. Amsbry, Adminstraior ; 
X4lh June, 1883. 

37. Alexander Gray; Alexander Gray, Executor; 
15th June, 1883. 

28. J. Pryor Williamson ; E. G. Scott and A. Voigt, 
Executors ; i6th June, 1883. 

The accounts enumerated and designated in the 
above list will be audited by the court, in the Court 
House, in the Orphans' Court room, during the session 
of court on the days set forth opposite the name of each 
estate, at which time all persons interested shall attend, 
if they see fit, and present their claims against said 
estate, or forever thereafter be debarred from coming 
in upon said fund. 

JOSEPH HENDLER, 
30-24 Clerk O. C. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 97, February term, 1883. Libel in divorce a vin- 
culo matrimonii. Rebecca H. Bateman, by her next 
friend, Jos«rph Heath, v. Henry Bateman. To Henry 
Bateman — Plea.se take notice that the court has granted 
a rule on you to show cause why a divorce a vinculo 
matrimonii shall not be made and entered in favor of 
the libellant, service of the subpoena having failed on 
account of your absence. Returnable on Saturday, 
June x6, 1883, at 10 o'clock A. M. 

HARDING fit McGAHREN, 
33-24 Solicitors. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 23, January term, 1883. Libel in divorce a vin- 
culo matrimonii. Emma Stevens, by her next friend, 
John Pagsley, v. Alexander A. Stevens. To Alexan- 
der A. Stevens — Please take notice that the court has 
4Sranted a rule on you to show cause why a divorce a 
vinculo matrimonii shall not be made and entered in 
favor of the libellant, service of the subpoena having 
failed on account of your absence. Returnable on 
Monday, June 25, 1883, at 10 o'clock A. M. 

D. M. JONES, 
«3-34 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Se.«isions of Lureme county by S. Rutstein, 
and that said license will be asked for in the court 
aforesaid on Monday, the i8th day of June, 1883, at 10 
o'clock A. M. 

D. L. O'NEILL, 
23-24 Solicitor. 



NOTICE IS HEREBY GIVEN IHAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Moses Hyman, 
and that said license will be asked for in the court 
aforesaid on Monday, the 18th day of June, 1883, at 10 
o'clock A. M. 

D. L. O'NEILL, 
23.24 Solicitor. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. I 
No. 232, February term, 1882. Libel in divorce a 
vinculo matrimonii. Francis Trumbower v. Sophia] 
Trumbower. The alias subpoena 'in the above case; 
having been returned non est inventus, you, the said' 
Sophia Trumbower. are hereby notified to appear at 
said court, on Monaay, the 1st of October, 1883, at 10 
o'clock A. M., to answer the complaint therein filed. 
WILLIAM O'MALLEY, 
M. E. WALKER. Sheriff. 

Solicitor. 23-26 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act for the incorporation and regula- 
tion of banks of discount and deposit," approved May 
13, 1876, and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the '* Nanticoke Bank," and to be located in the bor- 
ough of Nanticoke, Luzerne county. Pa., the character 
and objects of which are the carrying on the general 
business of banking as a bank of deposit and discount. 

W. H. HINES, 
X4-34 . Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
J. D. Smith, and that said license will be asked for in 
the court aforesaid, on Monday, the i8th day of June, 
1883, at 10 o'clock A. M. 

P. H. CAMPBELL, 
23-24 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle on foot has 
been filed in the office of the Clerk of the Court of 
Quarter Sessions of Luzerne county by Moses Nf . Got- 
leib,and that said license will be asked for tn the court 
aforesaid on Monday, the i8th day of June, 1883, at to 
o'clock A. M. 

P. H. CAMPBELL, 
23-24 Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application for a license to peddle with a horse 
and wagon has been filed in the office of the Clerk of 
the Court of Quarter Sessions of Luzerne county by 
Evan Evans, and that said license will be asked for 
in the court aforesaid on Monday, the 25th of June, 
1883, at 10 o'clock A. M. 

D. M. JONES, 
24-25 Solicitor. 



34 



ESTATE OF WARREN BENSCOTER, LATE 
of Union township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, ail persons 
having claims against the same wilf present tnem for 

f payment, and those indebted thereto will please make 
mmcdiate payment to 

G. L. BENSCOTER. 
CLARINDA BENSCOTER, 
33-27 Executors. 

I 



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ESTATE OF GEORGE BROWN. LATE OF 
Conynsham township, deceased. 
Letters of administration upon the above named 
estate having; been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make unmediate payment to 

REUBEN SWANK, 
X9-34 Administrator. 



ESTATE OF DANIEL FOLEY, LATE OF 
Plymouth, deceased. 
Letters testamentary' upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them duly 
authenticated for payment, and those indebted thereto 
will please make payment to 

MARY E. FOLEY, 
19-34 Executrix 



ESTATE OF LOUIS ROUDY. LATE OF THE 
township of Dorrance, deceased. 
■Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

GEORGE HELLER, 
T. R. MARTIN, Administrator, 

Attorney. ao-25 



ESTATE OF WILLIAM BRACE, LATE OF 
Franklin township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

FISHER GAY, 
MYRTLE W. BRACE, 
DICKSON & ATHERTON, Executors. 

Attorneys. 23-28 



ESTATE OF ROBERT THOMPSON, LATE 
of Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

MUNGO THOMPSON. 
JANET THOMPSON, 
GEO. S. FERRIS, Administrators. 

Attorney. 22-27 



ESTATE OF THOMAS McKIERNAN, LATE 
of Hazle township, deceased 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

MARY McKIERNAN, 
22-27 Administratrix. 



ESTATE OF JOSIAH KOCHER, LATE OF 
Lake township, deceased. 
Loiters testamentary upon the above named estate 
having been granted to tne undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

J. R. KOCHER, 
E. P. DARLING, Executor. 

Attorney. 20-25 



ESTATE OF EDMUND TAYLOR, LATE OF 
Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

JOHN TAYLOR, 
X9-24 Administrator d. b. n. c. t. a. 



ESTATE OF THOMAS DODSON. LATE OF 
Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please mahe 
' immediate payment to 

JOHN DODSON. 
GEORGE P. RICHARDS, 
H. C. MAGEE, Executors. 

Attorney. 18-23 



ESTATE OF JESSE W. BAIRD, LATE OF 
Kingston, deceased. 
Letters of administration upon the above named 
estate having been granted 10 the undersigned, all 
persons having claims against the same will present 
them for' payment . and those indebted thereto will 
please make immealate payment to 

HART PHILLIPS, 
GEO. K. POWELL, Administrator. 

Attorney. 23-28 

ESTATE OF THOMAS McNAMARA, LATE 
of Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- j 
tons having claims against the same will present them) 
tor payment, and those indebted thereto will please 
make immediate payment to 

ANN McNAMARA, 
GEO. S. FERRIS, Administratrix. 

Attorney. 21-26 

ESTATE OF SAMUEL BALLIET, LATE OF 
Sugarloaf, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

DAVID BALLIET, 
22-27 Administrator. 

I 



ESTATE OF JOHN REED, LATE OF THE 
borough of Pittston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate [>ayment to 

HANNAH REED, 
GEO. S. FERRIS, Administratrix. 

Attorney. 18-23 



ESTATE OF WASHINGTON LEE, LATE OF 
the city of New York, deceased. 
Letters tesumentary uoon the above named estate 
I having been granted to tne undersigned, all persons 
'having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

JOSEPH STICKNEY, 
R. SUYDAM GRANT, 
E. P. & J. V. DARLING, Executors. 

Attorneys. 18-23 

ESTATE OF THOMAS H. FRANCIS, LATE 
of Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
! having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

GEORGE P. RICHARDS, 
H. C. MAGEE, Executor. 

Attorney. * 20-25 

35 



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ESTATE OF LEWIS R. LEWIS, LATE OF 
Parsons, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present tnem for 
payment, and those indebted thereto will please make 
immediate payment to 

RACHEL LEWIS. 
I. P. HAND, Executrix. 

Attorney. ao-25 



ESTATE OF THOMAS C. HARKNESS, LATE 
of Wilkes-Barre, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate pavment to 

ISAAC LIVINGSTON, 
£. S. OSBORNE, Admmistrator. 

Attorney. 20-95 



ESTATE OF MARIA POWELL, LATE OF 
Pittbton, deceased.^ 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having clainu against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

GRIFFITH THOMAS, 
F. C. MOSIER, Administrator 

Attorney. >9-24 



ESTATE OF OWEN CAFFREY, LATE OF 
Ashley, deceased. 
Letters tesumentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

HONORA CAFFREY, 
JOHN McGAHREN, Executrix. 

Attorney. ao-25 



ESTATE OF HUGH CRAWFORD, £aTE OF 
Pittston, deceased. 
Letters testamentary upon the above named estate 
having been granted to the unaersigned, all persons 
having claims against the same will present tnem for 
payment, and those indebted thereto will please make 
immediate payment to 

HUGH R. CRAWFORD, 
JOHN RICHARDS, Executor. 

Attorney. '9-»4 



AUDITOR'S NOTICE. 
Estate of Barna Sutliff. dec'd. In Re Proceed- 
ings in partition of real estate. The undersigned, an 
Auditor, appointed by the Orphans' Court of Luzerne 
county to marshal liens against decedent and heirs, to 
fix and adiust owelty, dower, and amounts of recogni- 
zances to be given, and to tax costs and make distriou- 
tion, will attend to the duties of his appointment, at 
his office, in the city of Wilkes-Barre, on Wednesday, 
the tSth day of July, 1883, at 10 o'clock A. M.. at 
which time all persons interested are hereby notified 
to appear. 

S. J. STRAUSS. 
24-27 Auditor. 



McLEAN & JACKSON, 

Attorneys at Law, 

Wilkb9-Barrb, Pa. 



CHAS. D. FOSTEEl, 

Attorney at Law, 

Wilkbs-Barrb, Pa. 



W. S. PARSONS, 

Alderman, 

Market Strbbt, Wilkbs-Barrb. E^a. 



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Iln the Court of Common 
Pleas of the county of 
Luzerne. 
No, 277, May T., i88j. 

And now, to wit, April 5, 1883, section 11 of Rule XXXIV. 
of the Rules of Court is amended so as to read as follows: 

In making up the trial list precedence shall be given to cases 
of the nature and in the order stated, as follows : 

1st. Actions for the recovery of wages for manual labor, as 
provided by Act of 22d March, 1877, § i. 

2d. Feigned issues directed by the Orphans* Court and Court 
of Common Pleas, sitting in Equity. 

3d. Issues under the Sheriff's Interpleader Act, according to 
the number and term of the execution under which they have 
been directed. 

4th. Issues in other interpleaders directed by the Court of 
Common Pleas: provided, that the money which may be the 
subject of controversy has been paid into court. 

5th. Issues on Auditors* reports and issues directed under 
section 2 of the Act of April 20, 1846 (P. L. 411). 

6th. Issues framed on appeals from the reports of auditors of 
the accounts of the county, city, boroughs, townships, and poor 
districts. By the Court. 



In Re Course of Study prescribed by ' 
Board of Examiners for applicants )- No. 82, May T., 188 j. 

FOR ADMISSION AS ATTORNEYS AT LaW. 



;f 



Now, March 6th, 1883, the Board of Examiners hereby (as 
directed by rule of court) prescribe the following course of study, 
which is made obligatory upon applicants for examination for 
admission as attorneys at law, subject to approval of court: 

1. Blackstone's Commentaries (Sharswood's edition). 

2. Kent's Commentaries, Vol. I. 

3. Greenleafs Evidence, Vol. I. 

4. Smith or Parsons on Contracts. 

5. Byles on Bills. 

6. Story's or Bispham's Equity. 

7. Stephen on Pleading. 

8. Troubat & Haly's Practice (Brightly's Ed. recommended). 

I 37 

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The Luzerne Legal Register. 



Vol. XII. Friday, June 29, 1883. No. 26. 



Court of (JHuartcr QtssmiB of £xqtxnt (lotmtg.* 



Commonwealth v. Reynolds. 

In an extreme case of a crime affecting the public justice, and where there would otherwise be a 
failure of justice, and the escape of a public offender, an indictment may be found without a 
previous binding over, although in general an indictment must be preceded by information and 
hearing. 

Motion to quash indictment for peijury. 

The opinion of the court was delivered January 30, 1882, by 

Rice, P.J. — On the 14th of July, 188 1, the defendant was held 
to bail for his appearance at the next sessions on a charge of 
perjury, alleged to have been committed on the 2d day of August, 
1876, in a certain affidavit made before Joseph D. Coons, Esq., a 
notary public, preparatory and for the purpose of obtaining a rule 
to open a certain described judgment, and also for the purpose 
of obtaining an order of court in the same case staying proceed- 
ings upon an execution issued upon the said judgment The 
grand jury for the succeeding sessions convened on the 20th of 
August, 1 88 1, and on the succeeding ist day of September this 
indictment was found. At the September term (September 23d, 
1 881) this motion to quash was made. There was no other 
binding over nor information than that already referred to. The 
indictment charges a perjury, alleged to have been committed by 
the defendant on the 13th day of November, 1876, before W. S. 
Parsons, Esq., an alderman, in a certain deposition taken on a 
rule to open the judgment, granted on the affidavit first referred 
to. The fact that the affidavit and deposition were taken in 
different stages of the same proceeding is not asserted in the 



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164 Commonwealth v. Reynolds. 

indictment, but was stated by the Commonwealth's counsel on 
the argument, and was not controverted. Notwithstanding this 
fact, it must be conceded that the information does not support 
the indictment. Though the matters of fact stated in the affidavit 
and in the subsequent deposition are the same, yet the offences 
were distinct, authorized separate indictment, and conviction and 
punishment. The reasons urged for quashing the indictment 
are: first, that it was not based on information, etc.; second, that 
the offence was not given in charge to the grand jury by the 
court; third, that the offence was not made the subject of pre- 
sentment by the grand jury based on their own knowledge or 
observation; fourth, that it not was preferred before the grand 
jury by the district attorney, acting either under the supervision 
of the court, or upon his own official responsibility. All of these 
reasons are well stated; except the last. There was no express 
authority given by the court to submit this indictment to the 
grand jury, but the fact that it is signed by the district attorney 
is evidence that it was presented to the grand jury for their 
action on his official responsibility. The law and practice upon 
this subject are well settled in Pennsylvania. " It has never been 
thought that the ninth section of the ninth article of the constitu- 
tion, commonly called the bill of rights, prohibits all modes of 
originating a criminal charge against offenders, except that by a 
prosecution before a committing magistrate. Had it been so 
thought, the court, the attorney general, and the grand jury 
would have been stripped of powers universally conceded to 
them." McCullough v. Commonwealth, 17 Sm. 33. That the 
district attorney may, in a proper case, and under certain restric- 
tions, send up a bill to the grand jury without a previous commit- 
ment of the accused is undoubted, i Wh. Cr. L. § 458, note/. 
In Rowand v. Commonwealth (i Nor. 405), Mr. Justice Wood- 
ward thus sums up the law upon this question: "It is thus 
apparent that, upon considerations involving the maintenance of 
the public security, it has been found necessary to lodge this 
extraordinary and delicate authority somewhere, and is is appar- 
ent also that it has been lodged in the prosecuting officer of the 
Commonwealth. It is to be exercised, in the ordinary case, under 
the supervision of the proper court of criminal jurisdiction, and 

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Commonwealth v, Reynolds. 165 



in all cases its exercise is subject to their revision and approval. 
. . While, however, the possession of this exceptional power by 
prosecuting officers cannot be denied, its employment can only 
be justified by some pressing and adequate necessity. When 
exercised without such necessity, it is the duty of the Quarter 
Sessions to set the officer's act aside." This being the rule of 
law in this State, as laid down by the best authorities, it remains 
to inquire whether there was such adequate and pressing public 
necessity for the exercise of this extraordinary power by the 
district attorney as requires us, in the exercise of a sound discre- 
tion, to approve his act. In order to justify it, we feel constrained 
to hold that it must satisfactorily appear that a less prompt mode 
of proceeding might have led to the escape of a public offender. 
See charge of Judge King, i Wh. Cr. L. § 458, note/ 

After a careful examination of the authorities, we feel it our 
duty to sustain the action of the district attorney for the follow- 
ing reasons: 

1st. While, as we have said, the information does not support 
the indictment, it is not to be entirely overlooked in this proceed- 
ing. The object of such information is to give to the accused 
adequate notice of the accusation. This information and the 
hearing before the alderman gave to the defendant .some notice 
of the testimony alleged to be false, and thus show that the action 
of the district attorney was not intended to be, and was not, in 
fact, arbitrary and oppressive. 

2d. In offences where the injury is chiefly personal, and for 
which there is a remedy by civil action, the delay of the prose- 
cutor in bringing the offence to the notice of the prqper officers 
ought to estop him from claiming indulgence to proceed out of 
the ordinary course. Neither ought the court to grant such 
indulgence, though the prosecutor should induce the district 
attorney to ask it for him. But perjury is not such an offense. 
It is a crime against public justice, and as such should be prose- 
cuted by the public officer and punished by the court. The 
injury to the individual suitor is trifling compared with the injury 
and danger to the public administration of justice. In case of 
conviction and sentence, a legal consequence is disqualification 
from ever giving testimony thereafter. This is not so much a 



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1 66 Commonwealth v, Reynolds. 

part of the punishment as it is the judgment of the law, that one 
who has been guilty of this crime is not to be believed. Hence, 
if for no other reason, the interests of public justice require the 
conviction of the offender, if his guilt be established. This being 
the nature of the offence, no delay on the part of a private prose- 
cutor ought to be permitted to be pleaded to estop the Common- 
wealth and her officer, provided such delay does not appear to 
have prejudiced the rights of the defendant 

3d. The first official knowledge which the district attorney 
appears to have had of this alleged offence was when the tran- 
script came into his hands at the meeting of the grand jury. 
But at that time the statute of limitations had run on the partic- 
ular offence charged in the information, and, in the ordinary 
course of procedure, had he then caused a new information to be 
made for the alleged false oath, taken on November 13, 1876, 
the transcript would not have been returned until November 14. 
1 88 1, the next day for the meeting of the grand jury. It follows 
that the prosecution must have failed had not this course been 
taken. In view of the nature of the offence, and the circum- 
stances surrounding the prosecution, to which we have alluded, 
we conclude that the district attorney was justified in exercising 
his extraordinary powers in order to prevent a failure of public 
justice. We may remark, however, that we can hardly think of 
a case where it is not the better practice for the district attorney 
to first make known his reasons to the court, and obtain their 
approval before sending an indictment before the grand jury not 
based on a previous information. 

The rule is discharged. 

Messrs. Coons & Shortz, for rule. 

A. Darte, Jr., and A. Ricketts, Esqs., contra. 



When a California man sees "no cards" at the end of a mar- 
riage notice of a friend, he remarks that " that girl has put some 
of her pious notions into Jim's head, but he'll get over them after 
he has been married awhile." 



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ORPHANS' COURT SALE. 
Estate of Lewis Weidenbach, dec'd. By virtue 
of an order of the Orphans' Court of Luteme county, 
the undersigned will sell at public sale, on the prem- 
ises, in the borough of Hazleton, on Saturday, the 7th 
day of July, 1883, at a o'clock P. M., all that lot of 
ground on the south side of Broad street, in the bor- 
ough of Hazleton, being lot marked No. 7, in sqtuire 
No. ao, according to the general plan of said borough, 
commencine at the distance of 300 feet westward from 
the west side of Cedar street, containing in front or 
breadth on said Broad street 3^ feet and 4 inches, and 
extending of that width in length or depth southward to 
the north side of Mine street ; subject to certain rights 
and mining privileges reserved to the Lehigh Valley 
Railroad Co. The Tot improved by a two-stor^ frame 
dwelling, used as a saloon and double dwelling and 
kitchen, etc. 

Terms op Salr — 35 per cent cash on day of sale, 35 
per cent on confirmation of sale, and balance in one 
vear from day of sale, with interest ; to be secured by 
bond and mortgage on the premises. 

JOHN G. SEAGER, 

C. W. KLINE, Administrator d. b. n. c. t. a. 

Attorney. 34-36 



ORPHANS' COURT SALE. 
Estate of Peter Rockel, Jr. , deceased. By virtue 
of an order of the Ohrphans' Court of Luzerne county, 
the undersigned, as Trustee for the sale in partition of 
the real esute of said decedent, will sell at public sale, 
on the premises, in Hollenback township, on Saturday, 
Julv 7tny 1883, at 10 o'clock A. M., the real esute de- 
scrioed in said writ, beginning at a pine, thence by 
land of Philip Mover, Jr., and M. Freck 130 perches, 
thence by land of JohnWeiss iis^ perches to a stone, 
thence by same 43 perches to a white oak, thence by 
Daniel Snyder and Conrad Harter's lands 30o perches 
to the place of beginning, containing 140 acres and 130 
perches, strict measure; whereon is erected a large 
two^tory frame dwelling house, wagon house, bank 
bam, and other outbuildings, and a ^ood orchard. 

Tbkms of Sale— I300 at the sinking down of the 
properly, 33K per cent of the purchase money bid. less 
$300, at confirmation absolute and delivery of deed, 
[3/^ per cent, with interest, in one year from said con- 
irmation absolute ; the interest on the remaining one- 
third to be paid annually to the widow of said deoKlent 
during her life, and at her death the principal to be 
paid to her legal representatives as ascertained by the 
Orphans' Court upon audit ; deferred paymepts to be 
secured on the premises. 

WILLIAM O'MALLEY, 
M. E. WALKER, Trustee. 

Attorney. a5-27 



1^ 



ORPHANS' COURT SALE. 
Estate of Anthony Schappert, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersized will sell at public sale, in the Arbitra- 
tion room, in the Court House, at Wilkes-Barre, on 
Tuesday, July 17th, 1883, at zo o'clock A. M., the fbl- 
lowing real esute in the city of Wilkes-Barre, begin- 
ning at a comer of Park avenue and Lehigh street, 
thence along said Lehigh street 98 feet more or less to 
line of land of John J. Buerkle, thence along said 
Buerkle's land 156 feet more or less to land now or late 
of Jacob Siley, thence along said Siley's land and 
others 90 feet more or less to Park avenue aforesaid, 
thence along Park avenue 148 feet more or less to the 
place of beginning, with a two-story fiame dwelling 
house, shed, and other outbuildings thereon. 

Terms of Sale— 3s per cent on day of sate, and the 
balance on confirmation of sale and delivery of deed. 
BARBARA SCHAPPERT; 

L. B. LANDMESSER, Administratrix. 

Attomey. a5-97 



IN RE ESTATE OF JOHN BLANCHARD, 
deceased. Now, June 4th, 1883, the return of the 
writ of partition in the above' esute having been con- 
firmed absolutely, court grant rule on heirs and parties 
in interest to accept, bid, or refuse the premises de- 
scribed in said writ at the said appraisement, or show 
cause why the same shall not be sold. Service of notice 
on non-resident heirs to be made by publication in the 
Legal Register and the MounUin Echo for three suc- 
cessive weeks, and a marked copy of each issue of the 
same to be mailed to the last known postoffice address 
of such heirs. Returnable the first day of next day, 
at 10 o'clock A. M. By the Court. 

To Ada Robbins, New York City; Clarence Rob- 
bins, Bellefonte, Pa.; John Robbins, MonUna Ty., 
and all other parties interested — You are hereby noti- 
fied, in pursuance of the above order, to appear at the 
next term of the Orphans' Court of Luzerne county, 
to be held at Wilkes-Barre, on the first Monday of 
September next, and accept, bid, or refuse the premi- 
ses described in the writ of partition in this case, or 
show cause why the same shall not be sold. 

M. E. WALKER, 
35-37 Solicitor. 



ORPHANS' COURT SALE. 
Esute of Thomas Hutchlns, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Arbitration 
room, in the Court House, at Wilkes-Barre, on Satur- 
day, the 3ist dav of July, 1883, at 10 o'clock A. M., 
the surface of all that lot of land in the township of 
Kingston, beginning at a point on the main roaa, or 
Wyoming avenue, iii feet from line of Kingston and 
Exeter townships, being the center of a lo-foot alley, 
thence along center of said alley 163 teet to a comer, 
thence 50 feet to a comer, thence along land of Thos. 
Hutchins, deceased, 163 feet to a comer on said Wyo- 
ming avenue, thence alon^ said avenue 50 feet to the 
place of beginning, conuining 8100 square feet of land ; 
excepting all the coal and other minerals, with the 
ri^t to mine and take out the same. 

Terms of Sale — One-quarter of purchase money 
down on day of sale, one-quarter on confirmation of 
sale, and the balance, with interest from confirmation 
of sale, in six months from day of sale ; to be secured 
by bond and mortgage on the premises. 
R. H. WEIR, 
R. W. HUTCHINS, 
WM. S. McLEAN, Administrators. 

Attorney. 36-38 

I 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to the Governor of the 
Commonwealth of Pennsylvania, under the provisions 
of the Act of Assembly, entitled "An Act to provide 
for the incorporation ana regulation of ceruin corpora- 
tion," approved April 39th, 1874, and the supplements 
thereto, for the charter of an intended corporation, to 
be called " The Kingston Coal Company, the char- 
acter and ouject of which is the mining and preparing 
for market coal, iron ore, and other minerals, and to 
manufacture iron or steel, or both, and to exercise all 
other righu and powers granted to such corporations 
by the 38th section of said Act of Assembly of April 
30, 1874, and for such purposes to have and to enjoy 
all the rights, benefits, ana privileges of said Act of 
Assembly and its supplements. 

HUBBARD B. PAYNE, 
36-a8 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of ceruin corporations," approved April 
39th, 1874, and the supplements thereto, for the incor- 
poration of an intended corporation, to be called " The 
Craig Electric Lighting and Power Company," the 
character and objects 01 which are the manufacturing 
and supplving light, heat, and power to the citizens of 
Pittston^^est Ptttston, and vicinity, and for these 

Surposes to have, possess, and enjov the rights, bene- 
ts. and privileges conferred by said Act of^Assembly 
and its supplements. 

A. E. DETRO, 
36-38 Solicitor. 

47 



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NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of Judges of the 
Court of Common Pleas of Luzerne county, at Cham- 
bers, under the provisions of the Act of Assembly, 
entitled "An Act to provide for the incorporation and 
regulation of certain corporations," approved April 29, 
1874. and the supplements thereto, on Saturday, the 
7th day of July, 1883, at 10 o'clock A. M,, for the in- 
corporation of^an intended corporation, to be called 
•* The St. Joseph's Benevolent Society of Nanticoke," 
a society formed for the support of benevolent and 
charitable purposes 

L. B. LANDMESSER, 
35-37 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of A.ssem- 
bly, entitled "An Act for the incorporation and regula- 
tion of banks of discount and deposit," approved May 
13, 1876, and the supplements thereto, for the incorpo- 
ration of an intended banking corporation, to be called 
the " Nanticoke Bank," and to be located in the bor- 
ough of Nanticoke, Luzerne county. Pa., the character 
and objects of which are the carrying on the general 
business of banking as a bank of deposit and discount. 

W. H. HINES, 
14-37 Solicitor. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. ioil4. May term, 1883. Libel in divorce a vinculo 
matrimonii. Mary Mountjoy, by her next friend, John 
Dennis, v. John Mountjoy. The alias subpoena in 
the above case having been returned non est inventus, 
you, the said John Mountioy, are hereby notified to 
appear at said court, on Monday, October i, 188^, at 
10 o'clock A.M., to answer the complaint therem filed. 
WILLIAM O'MALLEY, 
T. R. MARTIN, Sheriff. 

Solicitor. 33-36 



AUDITOR'S NOTICE. 
The undersizned, an Auditor, appointed by the 
Court of Common Fleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of Sturdevant & Goff, will attend to the duties 
of his appointment, at the office of £. P. & J. V. 
Darling, in the city of Wiikes-Barre, on Friday, the 
13th of July. 1883, at 10 o'clock A. M., at which time 
and place all persons having claims against said fund 
are notified to present the same, or be forever debarred 
from coming in on said fund. 

GEORGE H. FISHER 
35-38 Auditor. 



AUDITOR'S NOTICE 
In Re Indebtedness of Foster township. The 
undersigned has been appointed an Auditor to ascer- 
tain and marshal the indebtedness of the above town- 
ship. All those who have claims or demands against 
the same are required to present them before me, on 
Monday, July 16, 1883, at 10 o'clock A. M. 

WILLIAM R. GIBBONS, 
35-38 Auditor. 



ESTATE OF WARREN BENSCOTER, LATE 
of Union township, deceased. 
Letters testamenury upon the above named es^te 
having been granted to the under&igned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

G. L. BENSCOTER, 
CLARINDA BENSCOTER, 
33-37 Executors. 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 333, February term, 1883. Libel in divorce a 
vinculo matrimonii. Francis Trumbower v. Sophia 
Trumbower. The alias subpoena in the above case 
having been returned non est inventus, you, the said 
Sophia Trumbower, are hereby notified to appear at 
said court, on Monday, the 1st of October, 1883, at 10 
o'clock A. M., to answer the complaint therein filed. 
WILLIAM O'MALLEY, 
M. E. WALKER, Sheriff. 

Solicitor. 33-36 



ESTATE OF WILLIAM BRACE, LATE OF 
Franklin township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

FISHER GAY. 
MYRTLE W. BRACE, 
DICKSON & ATHERTON, Executors. 

Attorneys. »3-** 



LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 156, May term, 1883. Libel in divorce a vinculo 
matrimonii. J. C. Coon v, Emma E. Coon. The 
alias subpoena in the above case having been returned 
non est inventus, you, the said Emma E. Coon, are 
hereby notified to appear at said court, on Monday, 
the 1st day of October, 1883, at 10 o'clock A. M., to 
answer the complaint therein filed. 

WILLIAM O'MALLEY, 
JAMES MAHON, Sheriff 

Solicitor. 36-39 



ESTATE OF ROBERT THOMPSON, LATE 
of Pittston, deceased. 
Lettefs of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment J and those indebted thereto will please 
make immediate payment to 

MUNGO THOMPSON. 
JANET THOMPSON, 
GEO. S. FERRIS. Administrators. 

Attorney. 2«-«7 



AUDITOR'S NOTICE. 
Estate of Bama Sutliff, dec'd. In Re Proceed- 
ings in partition of real estate. The undersigned, an 
Auditor, appointed by the Orphans' Court of Luzerne 
county to marshal liens against decedent and heirs, to 
fix and adiust owelty, dower, and amounts of recogni- 
zances to be given, and to tax costs and make distribu- 
tion, will attend to the duties of his appointment, at 
his office, in the city of Wilkes-Barrc, on Wednesday, 
the i8th day of July, 1883, at 10 o'clock A. M., at 
which time all persons interested are hereby notified 
to appear. 

S. J. STRAUSS, 
34-37 Auaitor. 



ESTATE OF JESSE W. BAIRD, LATE OF 
Kingston, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, aU 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immeaiate payment to 

HART PHILLIPS, 
GEO. K. POWELL. Administrator. 

Attorney. 93-^ 



48 



ESTATE OF THOMAS McNAMARA. LATE 
of Pittston. deceased. . 

Letters of administration upon the above namca 
estate having been granted to the undersigned, all pa** 
sons having claims against the same will present them 
for payment, and those indebted thereto will plea*« 
make immeaiate payment to 

ANN McNAMARA, 
GEO. S. FERRIS. Administratrix. 

Attorney. «»"*^ 

I 



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ESTATE OF LEWIS R. LEWIS, LATE OF 
Parsons, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

RACHEL LEWIS, 
I. P. HAND, Executrix. 
Attorney. 30-25 
1 

ESTATE OF THOMAS C. HARKNESS, LATE 
of Wilkes-Barre. deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immemate payment to 

ISAAC LIVINGSTON, 
£. S. OSBORNE, Administrator. 

Attorney. 20-25 



ESTATE OF GEORGE H. HOCH, LATE OF 
Dorrance township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

MARY HOCH, 
T. R. MARTIN, Administratrix. 

Attorney. 26-31 

ESTATE OF SALLY ABBOTT, LATE OF 
Kingston township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

CHARLES A. MINER, 
L. D. SHOEMAKER, Executor. 

Attorney. 26-31 



ESTATE OF OWEN CAFFREY, LATE OF 
Ashley, deceased. 
Letters testamentary upon the above named estate] 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

HONORA CAFFREY, 
JOHN McGAHREN, Executrix. 

Attorney. ao-25 



ESTATE OF THOMAS H. FRANCIS, LATE 
of Plymouth, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 

Kyment, and those indebted thereto will please make 
mediate payment to 

GEORGE P. RICHARDS. 
H. C. MAGEE, Executor. 

Attorney. 20-25 



ESTATE OF LOUIS ROUDY, LATE OF THE 
township of Dorrance, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will^ please 
make immediate payment to 

GEORGE HELLER, 
T. R. MARTIN, Administrator. 

Attorney. 20-25 



ESTATE OF DAVID KLINGER, LATE OF 
Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

N. D. SMITH, 
26-31 Administrator. 



ESTATE OF THOMAS McKIERNAN. LATE 
of Hazle township, deceased 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 



22-27 



MARY McKIERNAN, 

Administratrix. 



ESTATE OF SAMUEL BALLIET. LATE OF 
Sugarloaf, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

DAVID BALLIET, 
22-27 Administrator. 



McLEAN A JACKSON, 

Attorneys at Law, 

Wilkbs-Barrb, Pa. 



CHAS. D. FOSTER, 

Attorney at Law, 

Wiucss-Barrb, Pa. 



W. S. PARSONS, 

Alderman, 

Markbt Strbbt, Wilkbs-Babrb, Pa. 



CALVIN WADHAMS, 
Attorney at Law and Notary Pdblio, 

Wilkbs-Barkb, Pa. 



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The Luzerne Legal Register. 



Vol. XII. Friday. July 6, 1883. No. 27. 



dcrart of Common JJleas of £ttjerne €ountg. 



EVERHART V, EVERHART. 

The recommitment or a master's report to the master for a specific purpose does not open the whole 
case, or permit the introduction by the defendant of an entirely new defense, such as the statute 
of limitations. 

Motions to Strike off decrees of March 12, 1883. 

The opinion of the court was delivered March 26, 1883, by 

Woodward, J. — On the 4th of September, 1882, we made an 
order recommitting the master's report to the master, on the 
ground that he had not, with sufficient clearness, disposed of a 
single question raised before him by the counsel for the plaintiff 
in an exception to his report. 

On the 2d of October, 1882. defendant's counsel moved that 
upon the recommitment, as above stated, the master be directed 
to take into consideration certain additional matters, viz.: "all 
the testimony in the case;" and, also, that the answer might be 
so amended as to set up an entirely new defjnse, to wit: the 
statute of limitations. We ordered these motions upon the next 
regular argument list, and on the 4th of January, 1883, they were 
argued and submitted. 

On the i6th of January, 1883, the master filed his supplemen- 
tary or corrected report, and to this report the defendant's counsel 
filed exceptions. Thereupon, Monday, the 22d day of January, 
1883, was fixed for the argument of the exceptions, and on that 
day the hearing was continued until January 29. 1883, of all 
which the defendant's counsel had notice. Upon the same day 



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1 68 EVERHART V, EVERHART. 

the exceptions were dismissed and the report confirmed. This 
practically disposed of the motions of October 2, 1882, which 
had been argued and submitted to us. and to the pendency of 
which no allusion had been made by the defendant in his excep- 
tions to the supplemental report. 

On the 1 2th of March, 1883, we made and entered the final 
decree in the case, and also formally overruled the motions of 
the 2d of October, 1882. 

We are now asked to hold, that the master erred in making 
his supplemental report while the motions of October 2, 1882, 
were pending. It does not appear, however, that any order stay- 
ing the proceedings of the master until these motions were dis- 
posed of was ever granted or asked for, or that he had any notice 
whatever of their existence in the case; nor, as we said before, 
does it appear that the defendant's exceptions to the master's 
supplemental report made any reference to the pendency of these 
motions. It was the duty of the master to make and file his 
supplemental report in pursuance of the order of the court, and 
this duty he performed. 

When we made the order overruling the exceptions and con- 
firming the report of the master, we did so with full knowledge 
of the pendency of the motions of October 2, 1882. They had 
been argued and submitted, and the confirmation of the report 
was a practical overruling of the motions, although the formal 
decree to that effect was not entered until March 12, 1883, or 
contemporaneously with the final decree in the case. 

In conclusion, we will add, that as this case has now been in 
court nearly nine years, we are disposed to think that the time 
has arrived for a decree which, in form, at least, shall be ** final." 

The motion to strike off the final decree of March 12, 1883, is 
denied. 

The motion to strike off the confirmation of the master's sup- 
plemental report is also denied. 

Messrs. Palmer, Dewitt & Fuller, for plaintiff. 
A. Ricketts, Esq., for defendant. 



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McLean v. Palmer. 169 



Court of (Eommou Jpleos of Cujenu Countg. 



McLean v. Palmer. 

Fixtures. 

I . l*he question of fixture or not dependb on the nature and character of the act by which the 
structure is put in place, the policy of the law connected with its purpose, and the intentions of 
those concerned in the act. 

3. 7*he question of intention is one of (act to be left to a jury, and the finding of a referee has the 
effect of a verdict, unless clearly unwarranted by the testimony. 

3. The true criterion of an irremovable fixture consists in the united application of three tests, viz. : 

ist. Real or constructive annexation of the article in question to the realty, ad. Appropriation 
or adaptation to the use or purpose of that part of the realty with which it is connected. 3d. 
The intention of the party malcing the annexation to make the article a permanent accession to 
the freehold, this intention being inferred from the nature of the article affixed, the relation and 
situation of the party making the annexation and the policy of the law in relation thereto, the 
structure and mode of annexation, and the purpose or use for which the annexation has been 
made. Of these three tests the clear tendency of modem authority seems to be to give preemi- 
nence to the question of intention to make the article a permanent accession to the freehold, and 
the others seem to derive their chief value as evidence of such intention. 

4. Actual physical annexation is of itself of but little importance in determining the question of 

fixtures. 

5. To estop privies by a recital in a deed, such recital must be distinct, not general. 

6. Lamps, chandeliers, candlesticks, candleabra, and the various contrivances for lighting houses by 

oil or other fluids, have never been considered as fixtures, and as forming part of the freehold. 

Exceptions to referee's report. 

This was an action of replevin for four store counters, two 
mirrors, one glass show case, and two chandeliers. The plea 
was non cepit and property, the defendant having retained the 
property by giving bond. 

The facts found by the referee, L. H. Bennett, Esq., were as 
follows : 

In 1867 the defendant, who was then, and has ever since been, 
engaged in carrying on the business of a hatter, erected on his 
lot in Wilkes-Barre a three-story brick building, with a store 
room on the first floor, which he fitted up and occupied for the 
express purpose of carrying on his business aforesaid. The two 
mirrors in question were of plate glass, set in stationary frames, 
as particularly described by the referee. The counters were of 
an expensive pattern, in the aggregate some sixty-four feet in 
length, with numerous drawers of different sizes. The counters 



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170 McLean v. Palmer. 

were originally nailed to the floor, but were subsequently loos- 
ened, in order that they might be more easily moved, from time 
to time, in cleaning and scrubbing the room. The glass show 
case was placed upon one of the counters without being fastened, 
and contained fancy goods. There were plate glass show win- 
dows in front of the store room, and lines of shelving on either 
side enclosed with glass doons hung on hinges. The counters, 
mirrors, shelving, etc., were intended as a permanent accession 
to the freehold, and were necessary for the purpose of defendant's 
business. In April, 1876, the defendant made a deed of assign- 
ment of his real and personal propert>', including the lot and 
store in question, in trust for creditors, to Douglass Smith. In 
May, 1876, Smith and defendant deeded the lot to plaintiff, and 
from this time the defendant continued to occupy the building 
with his business under lease from plaintiff until March, 1880, 
when the former removed, taking unth him the articles in ques- 
tion. At the time of the assignment the defendant held a po!ic>' 
of fire insurance covering, among other things, "show ^-indows 
and plate glo^s in front of building, store fixtures, counters and 
show cases, gas and water pipes, furnace and fixtures," which he 
ossigtxed to Smith, who, in July, 1876, ass:>ned to plaintiff, the 
latter pay* rig the unearned pn^mi um. At the expiration of this 
policy the plaintiff took out anxher, using, as part of description 
of pn?pert>\ the words, "'side show cases," instead of "show 
cases." :a the o.-i^ioil. la August, iS*'?. Sniith assr^ed to 
Darl:n^ tbe stock of gocvis, together with store fixtures and 
a^Y^*'^^^*^"^^^^ ^^ *"^ st.'.'xr bur.iirrg. ani the Latter thereupon 
ass;^:iKrv? to p!aint-ff 

The retere^r concluics his .■-vcort as 5jllr.vs: 

** It was ccacei^xi by :he pla :::nff upon the trtal tTat the coan- 
tcr show cose one gas pcci^nts J -i a?t pass f? hi-n under the 
■ieevi tK'fn Dougiass S:rvth aai iereaiait for the Market street 
lot That such :s the law as t-^ th^ pen-Li_-Tt> :s >ett:c»i ia Vaugbea 
r. Kalccniaa Casey, 5::.: . 

"Aga a, :t was act c'a :rxei that t>ere wjs ever a tniasfer to 
pto.nt'ff of aay ,>t the articles r^rple^^ei ^ch^r than as evkteoccd 
by the iced >?r th«* nfol estl^.^ 

**Ko»\ then* Civi the c^^^uarer scow cose ami ^gas pendants 



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McLean v. Palmer. 171 



become the property of the plaintiff? He avers that the assign- 
ment of the policy of fire insurance, the recital therein, the pay- 
ment of the unearned premium, and the subsequent insurances 
effected by him, as set forth in finding No. 10, operated to pass 
the property in said articles to him, or that these elements of fact 
estop the defendant from denying plaintiff's ownership. 

"To estop privies by a recital in a deed, such recital must be 
distinct, not general. Nagle v. IngersoU, 7 Pa. St. Rep. 185; 
Wells V. Sloyer, i Clark, 516. As we read the description of the 
property insured by the policy of insurance in question, originally 
taken out by the defendant, it does not necessarily include the 
counter show case or the gas pendants. There were in the store 
building, as we have seen, stationary side show cases, formed by 
hanging glass doors in front of the shelving. These certainly 
justified the use of the words *show cases' in the policy, and as 
very persuasive evidence that even the plaintiff did not under- 
stand that term as including the counter show case^ he, in renew- 
ing the insurance, as we have found, used the words ^side show 
cases* thereby particularly excluding from the terms of the new 
policy the counter show case in question. 

"Again, the words *gas and water pipes, furnaces and fixtures,' 
do not necessarily include the gas fixtures, viz. : the chandeliers 
or pendants. The recital in the assignment of the policy is to be 
read and construed in connection with the deed for the real 
estate to the plaintiff, and no articles of a personal nature which 
did not, as matter of law, pass as part of the realty should, by 
general terms, be held to pass by a mere recital. 

"As was said by the court in Vaughen v. Haldeman {supra)y 
* lamps, chandeliers, candlesticks, candleabra, and the various 
contrivances for lighting houses by oil or other fluids, have never 
been considered as fixtures, and as forming part of the freehold;' 
and the learned judge concludes by holding that gas fixtures are 
governed by the same rule as the articles for which they are 
substituted. 

"The plaintiff, therefore, as matter of law, and as matter of 
fact also, for the knowledge of the law is part of his profession, 
cannot be held to have been misled by the recital in question as 
to the gas pendants any more than in the matter of the counter 



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172 McLean v. Palmer. 

show case, and for these reasons we think it would be an unjust 
rule to hold that the defendant has been deprived of the articles 
in question by a mere recital of the character referred to. 

" We come now to the question of the ownership of the coun- 
ters and mirrors under the facts as found. It is laid down in 
Ewell on Fixtures (pp. 21-22), that according to the weight of 
modern authority and of reason, the true criterion of an irremov- 
able fixture consists in the united application of three tests, viz.: 
1st. Real or constructive annexation of the article in question to 
the realty. 2d. Appropriation or adaptation to the use or pur- 
pose of that part of the realty with which it is connected. 3d. 
The intention of the party making the annexation to make the 
article a permanent accession to the freehold, this intention being 
inferred from the nature of the article affixed, the relation and 
situation of the party making the annexation and the policy of 
the law in relation thereto, the structure and mode of the annex- 
ation, and the purpose or use for which the annexation has been 
made. It is further laid down by the same author that of these 
three tests the clear tendency of modern authority seems to be 
to give preeminence to the question of intention to make the 
article a permanent accession to the freehold, and the others seem 
to derive their chief value as evidence of such intention. 

" This doctrine seems to be clearly in accord with the authorities 
in Pennsylvania, where, however, the Supreme Court has repeat- 
edly emphasized the proposition that actual physical annexation 
is of itself of but little importance in determining the question of 
fixtures. Voorhis v. Freeman, 2 W. & S. 116; Pyle v. Pennock, 
Id. 390; Christian z/. Dripps, 28 Pa. St. Rep. 271; Hill z/. Sewald, 
53 Id. 271; Meigs' Appeal, 62 Id. 28; Patterson v, Delaware 
County, 70 Id. 381 ; Seeger v. Pettit, 77 Id. 437. 

" The referee has discovered no Pennsylvania case where, as 
between vendor and vendee, a controversy has arisen as to what 
constitutes a fixture passing to the latter in the case of the trans- 
fer of a store building fitted up for certian business. The cases 
in this State generally pertain to manufacturing establishments 
of some kind or other where different kinds of machinery are 
used. He can see no reason, however, why the principles of 
those cases are not equally applicable to the one under conside- 



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McLean v. Palmer. 173 



ration. Taylor v, Robinson (36 Barbour, 483) was similar to the 
one in hand. There the shelving, drawers, and counter tables 
of a country store, fitted up for that purpose, were held to pass 
to the grantee of the freehold, as without them the building was 
not adapted to the business. 

"In view of the law, as thus understood, the findings of fact by 
the referee, particularly as to the appropriation and adaptation of 
the counters and mirrors, and the intention of the defendant in 
placing them in his store room, determine the ownership of these 
articles. The referee, therefore, finds the following conclusions 
of law: 

" I. That at the time the writ in this case was issued, the right 
of property in, and the right of possession of, the counter show 
case and the gas pendants were in the defendant, and had been 
since August 8th, 1876, when the transfer set forth in finding 
No. 12 took place. 

" 2. That at the time of the issuing of said writ, the right of 
property in, and the right of possession of, the four counters and 
the two mirrors were in the plaintiff, and had been since the 31st 
of May, 1876, when he, the said plaintiff, became the owner 
thereof by virtue of the deed to him set forth in finding No. 4. 

•' 3. That the plaintiff is entitled to recover damages in this 
action for the value of the four counters and two mirrors, on the 
9th of March, 1880, with interest from that time, to wit, for the 
sura of three hundred and sixteen dollars and thirty-eight cents; 
and unless exceptions are filed to this report, the prothonotary is 
directed to enter judgment acc6rdingly." 

The opinion of the court was delivered April 17, 1882, by 

Rice, P. J. — In the case of Meigs* Appeal (12 P. F. Sm. 28), 
Mr. Justice Agnew says: " The question of fixture or not depends 
on the nature and character of the act by which the structure is 
put in place, the policy of the law connected with its purpose, 
and the intentions of those concerned in the act." But, as is well 
said by the learned referee, the clear tendency of modern author- 
ity seems to be, to give preeminence to the question of intention 
to make the article a permanent accession to the freehold, and 
the other tests seem to derive their chief vatlue as evidence of 



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174 McLean v. Palmer. 

such intention. Judged by the modern rule, we think the facts, 
as found by the referee, fully warranted his conclusion, that such 
was the intention with which the mirrors were, both physically 
and constructively, and the counters were, constructively at least, 
attached to the freehold by the defendant. 

In Seeger v. Pettit (27 Sm. 437) it was held, that the question 
of intention should be left to the jury. This being the case, the 
finding of the referee has the effect of a verdict of the jury, and 
while the statute requires us to consider exceptions to a referee's 
findings of fact, as well as of law, the court will not reverse them, 
except where they are clearly unwarranted by the testimony. 

It was suggested on the argument that the case of Johnson v. 
Mehaffy (7 Wr. 308) is adverse in principle to the conclusion 
reached here. We do not so think. The articles named in the 
opinion are referred to to illustrate the point before the court, 
and not with any intention, so far as we can see, to place them 
in the same category with gas fixtures, which, it is said in 
Vaughen v, Haldeman (9 C. 522), do not become part of the real 
estate. That case does not decide, nor does the opinion warrant 
the conclusion, that the fact that the articles in controversy 
would not fit or be adapted to any other building or store-room 
is essential to the plaintiff's recovery, " though," says Chief Justice 
Lowrie, "this peculiarity of adaptation may, by inference or cor- 
roboration, supply the want or the weakness of direct evidence 
of annexation, whenever this fact can be reasonably said to be 
left in doubt by the other evidence.'* As we understand the 
opinion, the fact alluded to would be pertinent, but its conclusive- 
ness would depend on other circumstances. The real point of 
the decision is, that though there be peculiarity of adaptation, an 
intention to annex in the future is not enough, but there must be 
"a purpose of annexation actually effected." These two condi- 
tions concur in this case, and, therefore, for the reasons so fully 
stated by the learned referee, his report must be confirmed. 

The exceptions are overruled, the report confirmed, and judg- 
ment entered thereon for the plaintiff for the amount reported by 
the learned referee. 

Wm. S. McLean, Esq., for plaintiff. 

Hon. H. B. Payne, for defendant. 



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ORPHANS' COURT SALE. 
Estate of W. W. Ketcham, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Arbitration 
room, in the Court House, at Wilkes-Barre, on Satur- 
day, August 4, 1883, at II o'clock A. M., the following 
described real estate : 

1. All those lots of ground in the township of Wilkes- 
Barre, being lots Nos. 48, 50, 6a, 64, 78, 79, xoo, loi, 
X06, 107. 114, 115, I30, 121, 126, 127, 132, 133, X38, X39, 
142, 151, 152, 153, 154, 163, 164, 165. 166, 17a, 174, 185. 
187, 247, 253. 253, 258, 259, 264, and 265, in a plan of 
lots laid out oy Brown el ai. 

2. Also lots Nos. 39, 171, 173, 182, 184, 194, 237, 329, 
3^9, 240, 241, and 242 in said plan, situate in the city 
of Wilkes-Barre. 

3. Also an undivided interest in lots Nos. 70 and 11 1 
in said plan, situate in said township. 

4. Also an undivided interest in lots Nos. 49, 51, 53, 
and 55 in said plan, situate in said city. 

5. Also an undivided interest in a lot of ground in 
said city, bounded on the easterly side by land of 
William McLaughlin, on the northerly side by the 
Wilkes-Barre Coal Company railroad and a creek, and 
on the southerly side by Miller street, being a triangu- 
larpiece of land, the quantity unknown. 

Tbrms of Sale — Cash down on day of sale. 

JOHN M. KENNEDY, 
J. G. MILLER, Administrator. 

Attorney. 37-29 



ORPHANS' COURT SALE. 
Esute of Peter Rockel, Jr., deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned, as 1 rustee for the sale in partition of 
the real estate of said decedent, will sell at public sale, 
on the premises, in Hollenback township, on Saturday, 
July 7tn. 1883, at 10 o'clock A. M., the real estate de- 
scribed in xaid writ, beginning at a pine, thence by 
land of Philip Mover, Jr., and M. Frcck 130 perches, 
thence by land of JohnWeiss 1X2J4 perches to a stone, 
thence by same 43 perches to a white oak, thence by 
Daniel Snyder and Conrad Harter's lands 200 perches 
to the place of beginning, containing 140 acres and 130 
perches, strict measure; whereon is erected a large 
two-story frame dwelling house, wagon house, bank 
bam, and other outbuildings, and a ^ood orchard. 

Tkkms op Sale — ^$300 at the stnking down of the 
property, 33M per cent of the purchase money bid, less 
$300, at confirmation absolute and delivery of deed. 
33K per cent, with interest, in one year from said con- 
firmation absolute: the interest on the remaining one- 
third to be paid annually to the widow of said decedent 
during her life, and at her death the principal to be 
paid to her legal representatives as ascertained by the 
Orphans* Court upon audit; deferred payments to be 
secured on the premises. 

WILLIAM O'MALLEY, 

M. E. WALKER, Trustee. 

Attorney. 25-27 

ORPHANS' COURT SALE. 
Elstate of Anthony Schappert, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
the undersigned will sell at public sale, in the Arbitra- 
tion room, in the Court House, at Wilkes-Barre, on 
Tuesday, July 17th, 1883, at 10 o'clock A. M., the fol- 
lowing real estate in the city of Wilkes-Barre, begin- 
ning at a comer of Park avenue and Lehigh street, 
thence along said Lehish street 98 feet more or less to 
line of land of John J. Buerkle, thence along said 
Buerkle's land 156 feet more or less to land now or late 
of Jacob Siley, thence along said Siley's land and 
others 90 feet more or less to Park avenue aforesaid, 
thence along Park avenue 148 feet more or less to the 
^ce of beginning, with a two-story frame dwelling 
bouse, shed, and other outbuildings thereon. 

Teams of Sale — 2s per cent on day of sale, and the 
balance on confirmation of sale and delivery of deed. 
BARBARA SCHAPPERT, 

L. B. LANDMESSER, Administratrix. 

Attorney. 25-27 

I 



ORPHANS' COURT SALE. 
Estate of Thomas Hutchins, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Arbitration 
room, in the Court House, at Wilkes-Barre, on Satur- 
day, the 2xst dav of July, 1883, at jo o'clock A. M., 
the surface of all that lot of la^ in the township ot 
Kingston, beginning at a point on the main roaa, or 
Wyoming avenue, zxi feet from Hue of Kingston and 
Exeter townships, being the center of a lo-foot alley, 
thence along center of said alley 163 feet to a comer, 
thence 50 feet to a comer, thence along land of Thos. 
Hutchins, deceased, 162 feet to a comer on said Wyo- 
ming avenue, thence along said avenue 50 feet to the 
place of beginning, contaimng 8x00 square feet of land ; 
excepting all the coal and other minerals, with the 
n^ht to mine and take out the same. 

Terms of Sale — One-quarter of purchase money 
down on day of sale, one-quarter on confirmation of 
sale, and the balance, with interest from confirmation 
of sale, in six months firom day of sale ; to be secured 
by bond and mortgage on the premises. 
R. H. WEIR, 
R. W. HUTCHINS, 
WM. S. McLEAN, Administrators. 

Attomey. 26-38 



IN RE ESTATE OF JOHN BLANCHARD, 
deceased. Now, June 4th, 1883, the return of the 
writ of partition in the above estate having been con- 
firmed absolutely, court grant mle on heirs and parties 
in interest to accept, bid, or refuse the premises de- 
scribed in said writ at the said appraisement, or show 
cause why the same shall not be sold. Service of notice 
on non-resident heirs to be made by publication in the 
Legal Register and the Mountain Echo for three suc- 
cessive weeks, and a marked copy of each issue of the 
same to be mailed to the last known postoffice address 
of such heirs. Returnable the first day ot next day, 
at 10 o'clock A. M. Bv the CoiniT. 

To Ada Robbins, New York City ; Clarence Rob- 
bins, Bellefonte, Pa. ; John Robbins, Montana Ty., 
and all other parties interested — You are hereby noti- 
fied, in pursuance of the above order, to appear at the 
next term of the Orphans' Court of Luzerne county, 
to be held at Wilkes-Barre, on the first Monday or 
September next, and accept, bid, or refuse the premi- 
ses described in the writ of partition in this case, or 
show cause why the same shall not be sold. 

M. E. WALKER, 
25-27 Solicitor. 



IN RE SATISFACTION OF MORTGAGE. 
Henry M. Hoyt to John Grandin, Mortgage Book 
23, page 353. No. 30, October term, 1883. In the 
Court of Common Pleas of Luzerne county. To John 
Grandin, his legal represenutive or representatives — 
Take notice that the petition of Herz Lowenstein has 
been filed in the Court of Common Pleas of Luzerne 
county, in which petition the said Lowenstein makes 
application to the court to have satisfied of record the 
mortgage recorded in the Recorder's office of Luzerne 
county, in Mortgage Book 33, page 353, Henry M. 
Hoyt being the mortgagor and John Grandin the 
mortgagee. You are therefore required to appear and 
and answer the said petition on the first day of next 
term, to wit, on Monday, the xst day of October^ 1883, 
at 10 o'clock A. M., at which time the court will ap- 
point a Commissioner to take testimony in the matter. 

WILLIAM O'MALLEY, 
27-29 Shenflf. 

AUDITOR'S NOTICE 
In Re Indebtedness of Foster township. The 
undersigned has been appointed an Auditor to ascer- 
tain and marshal the indebtedness of the above town- 
ship. All those who have claims or demands against 
the same are required to present them before me, on 
Monday, July 16, 1883, at xo o'clock A. M. 

WILLIAM R. GIBBONS, 

Auditor. 



25-38 



51 



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AUDITOR'S NOTICE. 
Estate of Barna Suthff, dec'd. In Re Proceed- 
ings in partition of real estate. The undersigned, an 
Auditor, appointed by the Orphans' Court of Luzerne 
county to marshal liens against decedent and heirs, to 
fix and adjust owelty, dower, and amounts of recogni- 
^nces to be given, and to tax costs and make distribu- 
tion, will attend to the duties of his appointment, at 
his office, in the city of Wilkes-Barre, on Wednesday, 
the i8th day of July, 1883, at 10 o'clock A. M.. ai 
which time all persons interested are hereby notified 
to appear. 

S. J. STRAUSS, 
24-27 Auditor. 



AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzerne county to distrib- 
ute the fund arising from the Sheriff's sale of the real 
estate of Sturdevant & Goflf, will attend to the duties 
of his appointment, at the office of E. P. & J. V. 
Darling, in the city of Wilkes-Barre, on Friday, the 
13th of July. 1883, at 10 o'clock A. M.. at which time 
and place all persons having claims against said fund 
are notified to present the same, or be forever debarred 
from coming in on said fund. 

GEORGE H. FISHER, 
25-28 Auditor. 



ESTATE OF SAMUEL BALLIET, LATE OF 
Sugarloaf. deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

DAVID BALLIET, 
22-37 Administrator. 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county- 
No. 156, May term, 1883. Libel in divorce a vinculo 
matrimonii. J. C. Coon v. Emma E. Coon. The 
alias subpoena in the above case having been returned 
non est inventus, you, the said Emma E. Coon, are 
hereby notified to appear at said court, on Monday, 
the ist day of October, 1883, at 10 o'clock A. M., to 
answer the complaint therein filed. 

WILLIAM O'MALLEY, 
JAMES MAHON, Sheriff. 
Solicitor. 26-39 



ESTATE OF WILLIAM BRACE, LATE OF 
Franklin township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them fori 
payment, and those indebted thereto will please make 
immediate payment to 

FISHKR GAY, 
MYRTLE W. BRACE, 
DICKSON & ATHERTON, Executors. 

Attorneys. 23-28 



ESTATE OF JESSE W. BAIRD, LATE OF 
Kingston, deceased. 



Letters of administration upon the above named 
estate having been granted to the undersiened, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immediate payment to 

HART PHILLIPS, 
GEO. K. POWELL, Administrator. 

Attorney. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to the Governor of the 
Commonwealth of Pennsylvania, under the provisions 
of the Act of Assembly, entitled "An Act to provide 
for the incorporation and regulation of certain corpora- 
tion," approved April 29th, 1874, and the supplements 
thereto, for the charter of an intended corporation, to 
be called " The Kingston Coal Company, the char- 
acter and ooject of which is the mining and preparing 
for market coal, iron ore, and other minerals, and to 
manufacture iron or steel, or both, and to exercise all 
other rights and powers granted to such corporations 
by the 38th section of said Act of Assembly of April 
20, 1874, and for such purposes to have and to enjoy 
ail the rights, benefits, and privileges of said Act ot 
Assembly and its supplements. 

HUBBARD B. PAYNE, 
26-28 Solicitor. 



NOTICE IS HEREBY GIVEN THAT AN 
application will be made to one of Judges of the 



ESTATE OF GEORGE H. HOCH, LATE OF j charitable purposes 
Dorrance township, deceased. 
Letters of administration upon the above named [25-27 
estate having been granted to the undersigned, all per- ' ~ 



Court of Common Pleas of Luzerne county, at Cham- 
bers, under the provisions of the Act of Assembly. 
entitled "An Act to provide for the incorporation and 
regulation of certain corporations," approved April a<j, 
1874. and the supplements thereto, on Saturday, tbe 
7th day of July, X883, at 10 o'clock A, M., for the in- 
corporation of^an intended corporation, to be called 
23-28 r' The St. Joseph's Benevolent Society of Nanticoke,** 
' a society formed for the support of bcncvoleuc and 



L. B. LANDMESSER, 

Solicitor. 



sons having claims against the same will present them I M^^T^9^ .'^ S^^^^Y ^^V^?''^ THAT AN 
for payment, and those indebted thereto will please M-^ application will 4)e made under the Act of Assem- 
makc immediate payment to |bly. entiUed "An Act to provide for the incorporation 

MARY HOCH, and regulation of certain corporations, approved April 

Administra'trix. ;a9t*». ^^74, and the supplements thereto, lor the incor- 
25.31 jporation of an intended corporation, to be called *• The 

jCraig Electric Lighting and Power Company," the 

•f V ' ' *^ '' 



T. R. MARTIN, 

Attorney. 



j character and objects of which are the manufacturing 

*-'*^[and supplying light, heat, and power to the citizeniis of 

, - . - , , . ; Pittston, West Pittston, and vicinity, and for the«e 

Letters testamentary upon the above naiticd estate purposes to have, possess, and enjoy the rights, bene- 

te!!5 ^J^5!Jl"*:!.llu J.!»!L"llI?'?!!!?J.,^^^^ .»"** privileges conferred by said Act of As^mbly 



ESTATE OF SALLY ABBOTT, LATE 
Kingston township, deceased 



A. E. DETRO. 
Solicitor. 



°^ JT^OTICE IS HEREBY GIVEN THAT AN 



having claims against the same will present them for Ln^ its supplements, 
payment, and those indebted thereto will please make 
immediate payment to 06-98 

CHARLES A. MINER, 
L. D. SHOEMAKER, Executor. 

A"o'n«y- 26-31 , j^>| application will be made under the Act of Ajy^m- 

jbly, entitled "An Act for the incorporation and rcgula- 

E STATE OF DAVID KLINGER, LATE OF tion of banks of discount and deposit," approved May 
Salem township, deceased. 113, 1876, and the supplements thereto, for the incorpo- 

Letters of administration upon the above named ration of an intended banking corporation, to be call^ 
estate having been granted to the undersigned, all per- the " Nanticoke Bank," and to be located in the bor^ 
sons having claims against the same will present them|ough of Nanticoke, Luzerne county, Pa., the character 
for payment, and those indebted thereto will please and objects t)f which are the carrying on the general 
make immediate payment to {business of banking as a bank of deposit and discount 

N. D. SMITH. W. H. HINES, 

26-31 Administrator. 1 14-27 Solicitor 

52 I 



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The Luzerne Legal Register. 

Vol. XII. Friday, July 13, 1883. No. 28. 

Qxtfxtnxt €(mxt of {ItnnapliHxnia. 



Dunning v. Heller. 

Writing his name across the baclc of a promissory note by the payee is an indorsement, notwith- 
standing the signature is preceded by a detailed statement of the payee's financial condition, 
and of the consideration of the note. 

Error to the Common Pleas of Luzerne county. 

The opinion of the court was delivered April 30, 1883, by 

Paxson, J. — The note in controversy was offered in evidence 
without objection on the part of defendant. This disposes of the 
argument based on the rule of court and the affidavit of defense. 
Conceding the right of the defendant to demand proof of the 
signature, he waived it by allowing the note to go in without 
objection. 

The learned judge below, however, non-suited the plaintiff for 
the reason that the note^was not indorsed. It was made payable 
to the order of the maker. His name was written across the 
back of the note, in the place where indorsements are usually 
placed. Over his signature we find the following words : 

" I hereby certify that I own and am worth in personal and 
real estate, in the county of Luzerne, and State of Pennsylvania, 
24,000 over and above all indebtedness, and that the within obli- 
gation is given for goods bought by me of the Queen City Ferti- 
lizing Company, and the same is in full settlement of all claims 
and demands of every name and nature between said company 
and myself up to the date of this obligation. 

(Signed) "Renatus Heller." 



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176 Dunning v. Heller. 



The learned judge, in granting the motion for a non-suit, said: 
" I do not think that the signature in question can have a two- 
fold force — one as a contract growing out of the certificate, and 
the other as an indorsement of negotiable paper." 

We do not think the words over the indorsement amount to a 
contract. They contain a statement as to the indorser's pecun- 
iary responsibility, and the consideration of the note. It was 
unnecessary, and, perhaps, foolish, for the maker to put all this 
over his signature as indorser. But he has done it, and as it does 
not vary his contract as maker and indorser, we are unable to 
say, as a matter of law, that the note was not indorsed as required 
by the commercial law. Nor was the learned judge strictly 
accurate in saying that the signature cannot have a two -fold 
force. The indorser may waive protest over his indorsement, 
which, manifestly, gives a two-fold character to his signature, and 
affects the rights of the parties. 

It was held in Ege v. Kyle (2 Watts, 222) that an indorsement 
on a negotiable note of a receipt on account of a quantity of iron, 
"the net proceeds of which are to be credited on the within," and 
which were afterwards credited on it by indorsement, did not 
destroy its negotiable character. The usual form of indorsement 
is by writing the name of the indorser across the back of the 
note. When the note is payable to order, any order in writing 
is sufficient which shows an intent to pass the title. Thus, **! 
give this note to A. — George Chaworth," was held to be a suffi- 
cient indorsement. Chaworth v. Beachi^ 21 Vesey, 555. And 
where the indorsement is in the form of a guaranty, it has been 
held sufficient. Partridge v, Davis, 20 Vermont, 499; Upham v. 
Prince, 12 Mass. 14; Myrich v, Hasey, 27 Maine, 9; Childs v. 
Davidson, 38 111. 438; Watson v, McLaren, 19 Wend. 557. 

This disposes of the single point in the case. No other ques- 
tion is properly presented upon the record, and no other will be 
discussed. 

Judgment reversed, and a procedendo awarded. 

John McGahren, Esq., for plaintiff in error. 
Alexander Farnham, Hubbard B. Payne, and Gustav Hahn, 
Esqs., for defendant in error. 



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Heller v. Leach. 177 



dotirt of (lommon JJUob of Cnjtnie (Hottntg. 



Heller t/. Leach. 

A sheriff's inquisition and extension of real estate will not be set aside because the jury did not take 
into view all the incumbrances upon the land, in fixing the annual sum to be paid, where the 
party complaining appeared before the inquest, and gave the usual notice of election to retain, 
and has received payments under the extension until his judgment is nearly paid off. He will 
be held estopped. 

The opinion of the court was delivered May 8, 1882, by 

Woodward, J. — The real estate of the defendant was levied on 
by virtue of an execution issued upon the above judgment. On 
the 2d of September, 1881, the real estate in question was ex- 
tended by the sheriff's jury of inquest at the annual sum of two 
hundred and twenty dollars, and, upon the same day, the attor- 
neys for the writ gave notice to the defendant of plaintiff's inten- 
tion to permit him to retain possession at the annual valuation 
fixed by the inquest. On the 29th of September, 1881, the 
defendant, by paper duly filed, signified his intention to accept 
the proposition of the plaintiff, and retain possession under the 
statute. It further appears that the plaintiff has received from 
the defendant the installments as they fell due under the exten- 
sion, and that his judgment has been very nearly, if not entirely, 
paid off; the only controversy being over a question of costs. 
The plaintiff now asks to have the inquisition and extension set 
aside, on the ground that the jury did not take in view all the 
incumbrances, and that the annual sum of two hundred and 
twenty dollars will not pay the liens in seven years. 

Assuming, as seems to be true, that the jury of inquest failed 
to perform their duty in not considering the total amount of all 
the incumbrances, and in not fixing the extension at such a sum 
as would pay them all in the time allowed by law, it still remains 
to inquire whether the plaintiff is the proper party to complain. 
He obtained a judgment against the defendant; issued execution 
thereon, which he had levied upon certain real estate; appeared 
before the inquest, and was present during their deliberations 



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178 Keeley v. Wentzel. 

upon the case; and, after they had acted and fixed upon the 
annual sum to be paid, gave the usual notice to the defendant of 
his election to permit him (the defendant) to remain in possession. 
Further, it is not denied by the plaintiff that he has accepted 
payments of the installments under the extension, until his judg- 
ment has been paid off, leaving out of view certain costs which 
are in dispute. 

Under these circumstances, we are of the opinion that the 
plaintiff is precluded and estopped from setting up the erroneous 
action of the inquest as a ground for annuling the extension, and 
the rule is therefore discharged. 

Messrs. Ryman & Lewis, for plaintiff. 

N. Taylor and A. H unlock, Esqs., for defendant. 



(ffottrt of (lommon Ipkos of Cnjenu . Countg. 
Keeley v. Wentzel. 

The record of the justice is defective in not stating the hour at which the judgment was rendered, 
the judgment bef ng by de&ult. 

Certiorari, 

The opinion of the court was delivered June 23, 1883, by 

Woodward, J. — The record in this case is defective in not 
stating the hour at which the judgment was rendered. This is 
necessary in all cases where the defendant fails to appear, and the 
judgment against him is by default. 

The proceedings are reversed. 



The new law in Kentucky, fixing one mile as the legal dis- 
tance between a church and saloon, was passed for the purpose of 
ascertaining how rapidly a Kentuckian can get over the ground. 
Some great bursts of speed are reported as having occurred 



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ORPHANS' COURT SALE. 
Estate of W. W. Ketcham, deceased. By virtue | 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Arbitration 
room, in the Court House, at Wilkes-Barre, on Satur- 
day, August 4, 1883, at II o'clock A. M., the following 
described real estate : 

1. All those lots of ground in the township of Wilkes- 
Barre, being lots Nos. 48, 50, 69, 64, 78, 79, 100, loi, 
106, 107. 114, 115, zao, zai, 126, 127, 133. 133, 138, 139, 
142. 151, 152, 153, ISA, 163, 164, 165. 166, 172, 174, 185. 
187, 247, 233, 253, 258, 259, 264, and 265, in a plan of 
lots laid out by Brown et al. 

2. Also lots Nos. 39, 171, 173, 183, 184, X94, 227, 239, 
239. 3^, 341, and 242 in said plan, situate in the city 
of Wilkes-Barre. 

3. Also an undivided interest in lots Nos. 70 and izi 
in said plan, situate in said township. 

4. Also an undivided interest in lots Nos. 49, 51, 53, 
and 55 in said plan, situate in said city. 

5. Also an undivided interest in a lot of ground in 
said city, bounded on the easterly side by land of 
William McLaughlin, on the norUierly side by the 
Wilkes-Barre Coal Company railroad and a creek, and 
on the southerly side by Miller street, being a triangu- 
larpiece of land, the quantity unknown. 

Terms op Sale — Cash down on day of sale. 

JOHN M. KENNEDY. 
J. G. MILLER, Administrator. 

Attorney. 27-29 



AUDITOR'S NOTICE 
In Re Indebtedness of Foster township. The 
undersigned has been appointed an Auditor to ascer- 
tain and marshal the indeotedness of the above town- 
ship. All those who have claims or demands against 
the same are required to present them before me, on 
Monday, July lO, 1883, at 10 o'clock A. M. 

wir ~ 



ORPHANS' COURT SALE. 
Estate of Thomas Hutch ins, dec'd. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Arbitration 
room, in the Court House, at Wilkes-Barre, on Satur- 
day, the 2ist day of July, 1883, at 10 o'clock A. M., 
the surface of all that lot of land in the township of 
Kingston, beginning at a point on the main roaa, or 
Wyoming avenue, iii feet from line of Kington and 
Exeter townships, being the center of a lo-foot alley, 
thence along center of said alley 162 teet to a comer, 
thence 50 feet to a comer, thence along land of Thos. 
Hutchins, deceased, 162 feet to a comer on said Wyo- 
ming avenue, thence alon^ said avenue 50 feet to the 
place of beginning, containing 8zoo square feet of land; 
excepting all the coal and other minerals, with the 
right to mine and take out the same. 

Tbkms op Sale — One-quarter of purchase money 
down on day of sale, one-quarter on confirmation of 
sale, and the balance, with interest from confirmation 
of sale, in six months from day of sale ; to be secured 
by bond and mortgage on the premises. 
R. H. WEIR, 
R. W. HUTCHINS, 

WM. S. McLEAN, Admhiistrators. 

Attorney. 36-38 

LUZERNE COUNTY, ss: 
In the Court of Common Pleas of said county. 
No. 156, May term, 1883. Libel in divorce a vinculo 
matrimonii. J. C. Coon v. Emma £. Coon. The 
alias subpoena in the above case having been returned 
Don est inventus, you, the said Emma £. Coon, are 
hereby notified to appear at said court, on Monday, 
the ist day of October, 1883, at 10 o'clock A. M., to 
answer the complaint therein filed. 

WILLIAM O'M ALLEY, 
JAMES MAHON, Sheriff. 

Solicitor. 26-29 

AUDITOR'S NOTICE. 
The undersigned, an Auditor, appointed by the 
Court of Common Pleas of Luzeme county to distnb- 
ute the fiind arising from the Sheriff's sale of the real 
estate of Sturdevant & Goff, will attend to the duties 
of his appointment, ai the office of E. P. & J. V. 
Darling, in the city of Wilkes-Barre, on Friday, the 
13th of July. 1883, at 10 o'clock A. M., at which time 
and place all persons having claims against said fiind 
are notified to present the same, or be forever debarred 
from coming in on said fund. 

GEORGE H. FISHER, 
35-28 Auditor. 

I 



25-38 



LLIAM R. GIBBONS, 

Auditor. 



N' 



OTICE IS HEREBY GIVEN THAT AN 
application will be made to the Governor of the 
Commonwealth of Pennsylvania, under the provisions 
of the Act of Assembly, entitlea "An Act to provide 
for the incorporation ana regulation of certain corpora- 
tion." approved Apnl 29th, 1874, and the supplements 
thereto, for the charter of an intended corporation, to 
be called " I'he Kingston Coal Company,^' the char- 
acter and ouject of which is the mining and preparing 
for market coal, iron ore, and other minerals, and to 
manufacture iron or steel, or both, and to exercise all 
other rights and powers granted to such corporations 
by the 38th section of said Act of Assembly of April 
20, 1874, and for such purposes to have anid to enjoy 
all the rights, benefits, ana privileges of said Act of 
Assembly and its supplements. 

HUBBARD B. PAYNE, 
26-28 ^. Solicitor. 

NOTICE IS HEREBY GIVEN THAT AN 
application will be made under the Act of Assem- 
bly, entitled "An Act to provide for the incorporation 
and regulation of certain corporations," approved April 
39th, 1874, and the supplements thereto, ror the incor- 
poration of an intended corporation, to be called " The 



Craig Electric Lighting and Power Company," the 
■acter and objects of wh* 

Pittston, West Pitteton, and vicinity, and for these 



hich are the manufacturing 
ing light, heat, and power to the citizens of 



purposes to have, possess, and enjov the rights, bene- 
fits, and privileges conferred by said Act of^Assembly 
and its supplements. 

A. E. DETRO, 
36.38 Solicitor. 



IN RE SATISFACTION OF MORTGAGE. 
Henry M. Hoyt to John Grandin, Mortgage Book 
31, page 353. No. 30, October term, 1883. In the 
Court of Common Pleas of Luzeme county. To John 
Grandin, his legal representative or representatives — 
Take notice that the petition of Herz Lowenstein has 
been filed in the Coun of Common Pleas of Luzeme 
county, in which petition the said Lowenstein makes 
application to the court to have satisfied of record the 
mortgage recorded in the Recorder's office of Luzeme 
county, in Mortgage Book 33, pase 252, Henry M. 
Hoyt Deing the mortgagor and John Grandin the 
mortgagee. You are therefore required to appear and 
and answer the said petition on the first dav of next 
term, to wit, on Monday, the ist day of October, 1883, 
at xo o'clock A. M., at which time the court will ap- 
point a Commissioner to take testimony in the matter. 

WILLIAM O'MALLEY. 
37-39 Sheriff. 

ESTATE OF GEORGE H. HOCH. LATE OF 
Dorrance township, deceased. 
Letters of administrauon upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

MARY HOCH, 
T. R. MARTIN, Administratrix. 

Attomey. 36-31 

ESTATE OF DAVID KLINGER, LATE OF 
Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
Jor payment, and those indebted thereto will please 
'make immediate payment to 

N. D. SMITH, 
36-31 Administrator. 

53 



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SHERIFF'S SALES. i westerly along said Grove street 36 feet 9 inches to a 

Abstract uf property to be sold by Wm.O'Malley,! comer, thence northwesterly at right angles to said 
Sheriff of Luzerne county, on Saturdav, August 4th J Grove street 120 feet to a comer, thence northeasteriy 
A. D. 1883. at 10 o'clock A. M.. at the Arbitration; on a line parallel with said Grove street 36 feet 9 inches 
room, in the Court House, Wilkes-Barre, who will to a comer, thence southeasterly on a line pualld 
proceed with the different properties in the order in 'with Moyallen street 120 feet to the place of beginning; 
which they are numbered, to wit : | improvements, one two-story frame dwelling house, 

I I outhouses, and firuit trees. 

Suit of Tmstces of Estate of E V Kidder, noW| guit of Mary Elliott v. (L>rge Blackburn, 
assigned to Thomas Farrell, v. Elizabeth Holds worth, ' * McLean Att'v 

Executrix of John Holdsworih deceased. I 1. The surface of all that piece of land in theW 

287 October term. 1883. Debt, $259 00. Fi fa 50 ough of Plymouth, beginning at a comer on Church 
Oaober term, 1883 f ^'T^*"*,: ^'^ ^' 'street, thenJe by land sold toViUiam O'Hara 148 «ect 

The surface of all that piece of land in the city of t^ a <<^m<.^ »k»»/.» «i««» o «.«-!, .^ t^* ►^ « Z.^^ 



line of an alley at an intersection with Bowman strwt^ j p;;;';*^;*;;^';"^ double ft^eXuse, outbuildings, fniit 
thence northeasterly along the line of said street 50 feet (fg^g ^^^ • »> 

to a comer, thence at right angles to said Elowroan ' 



street to the line of the right of way of the Lehigh and 
Susquehanna Railroad, thence southwardly along said 
line of right of way to land of Peter Straub, thence 
along said Straub's line to line of Bowman street, the 
place of beginning, being 50 feet front on Bowman 
street, and extending back to said line of ri^ht of way, 
with a two-story brick dwelling house, with a stone 
basement, and a two-story frame dwelling house, with 
a stone basement, and frame summer kitchen, and 
other outbuildings thereon. 
3 

Suit of Robt. Seamans & Co. v. Wyrewood Thomas. 

65 February term, 1883. Debt, I739.40. Fi. fa. 25 
June term, 1883. Miller. Att'y. 



All the surface of that lot of land in the borough 
of Plymouth, beginning at a comer on the northwest- 
erly side of Main street 81 feet in a southwesterly 
direction from land of Albert Gabriel, thence along 
Main street 100 feet to a comer, thence 124 feet to a 
corner, thence 124 feet to Main street, the place of be- 
ginning, containing 12,400 square feet of land; im- 
provements, one two-story frame dwelling house, out- 
buildings, and fruit trees. 

Suit of W. P. Kirkendall, Assignee, v. George Fritz. 
77 September term, 1880. Debt, $876.25 Fi. fa. 
7 October term, 1883. Kyman, Att'y. 

All that lot of land in the city of Wilkes-Barre. be- 
;inning at a corner in line of Lincoln street, between 



i"^An' thatliot'of land in Parsons boriugh.'b^inni'ng J?" ^^- ^ and 7. thence by line of Lincoln street 45 
at a comer of lot No. 26, thence 100 feet to a comer onj fe*' '» » corner, thence by a uer of lots mnning from 
alley, thence 50 feet along said alley to a corner, thence Northampton street 1x7 feet to a comer at the back 
100 feet to a comer on Oliver street, thence 50 feet t?l°i l°ij^_<>l^'A*"^^_'*5.™_'?.**^.™*'^ ^^^ 
along Oliver street to place o( beginning, containing 
5,000 square feet of ground, more or less ; excepting 
and reserving out of the same all the coal and other 
minerals in and under said lot ; there is a two-story 
double frame house erected on said lot, about 20 by 3a 
feet. 

2. All that piece of land in the Fourteenth ward, 
city of Wilkes-Barre, bounded on the southerl)r side 
by lands of John R. Hunter and Patrick Martin, on 
the westerly side by land of Harding, Mayer, and 
McLean, on the northerly side by land of the estate 

of William Smith, and on the easterly side by Sprace southwesterly parallel with said alley 94 feet to a cor- 
street, being 50 feet in front un Sprace street by aooiner, thence southeasterly parallel with said Hartford 



Nos. 6 and 7, thence 117 feet to the place of begioniog, 
containing 5,265 feet, more or less ; all improved, with 
a two-story wooden dwelling house, shop, outhoioes, 
farm, and trait ttrees thereon. 

8 

Suit of Abijah Davenport et al. v. Emily Keizer. 
Sturges, Att'v. 

The surface of that lot of land in the borough of 
Ashley, beginning at a point on the southeast side of 
Hartford street about 50 feet from the center of an 
alley on line of lands sold to Amold Bertels, thence 



feet in depth, with a two-story frame house, with back 
kitchen attached, outhouses, and frait troes thereon. 



street about 70 feet to a comer, thence northeasterly 
at rieht angles to last mentioned corner about 94 feet 
to HartfoKl street aforesaid, thence northwesterly 



o'rr- un^i-ji^^i. »»/-. u along Hartford Street about 70 feet to the place of be- 

buit of Geo. H. Famsh and Chas. M. Conyngham ginning; improved, with one 1 54-story frame dwelling 
^" AM J°"**- QQ n u « < V J house, outbuildings, frait trees, and well of water 



Debt, $205.36. Vend. ex. 33 
McLean, Gibbons, Att'ys. 



thereon. 



28-30 



226 May term. 1883. 
June term, 1883. 

All ttiat lot of land in Wilkes-Barre township, Seing 
lot No. 12, in block D, on plot in hands of George H. 
Parrish et al., said lot being 50 feet in front on Sprace 
street, and 200 feet in depth ; coal and other minerals 
reserved. 

4 

Suit of Geo. H. Parrish and Chas. M. Conyngham 
V, John S. Jones. 

227 May term, 1883. Debt, $205.36. Vend. ex. 34 
June term, 1881. McLean,' Gibbons, Att'ys. 

All that lot of land in Wilkes-Barre township, being 
lot No. II, in block D. on plot in hands of George H. 
Parrish et al., said lot being 50 feet in front on Sprace 

street, and 200 feet in depth ; improved, with 2-siory. c'tati? f\v cattv Ai>t»rvt»^ ¥ tc nv 
frame dwelling house, 20 feet long by 12 feet wide, and INSTATE OF SALLY ABBOTT, I^TE Of 
other outbuildings thereon ; coal and minerals reserved. ^ Kingston township, decked. 

I Letters testamentary upon the above named estate 
5 I having been granted to toe undersigned, all persons 



ESTATE OF WILLIAM BRACE, LATE OF 
Franklin township, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

FISHER GAY. 
MYRTLE W. BRACE, 
DICKSON & ATHERTON, Executors. 

Attomeys. 33-28 



Suit of William Connell, Assignee, v. Jackson Lunn 
200 November term, 1880. Debt, $531.09. Fi. fa. 
46 October term, 1883. McLean, Att'y. 

All that piece of land in the citv of Wilkes-Barre, 
beginning at a point on the west side of Grove street, 
148 feet 3 inches from Moyallen street, thence south- 

54 



having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

CHARLES A. MINER. 
L. D. SHOEMAKER, Executor 

Attorney. 26-31 

1 



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The Luzerne Legal Register. 

Vol. XII. Friday. July 20, 1883. No. 29. 

Court of Common T^lzas of Cujtmc Countg. 
Reese v. Payne & Co. 

I. Negligence of fellow-servants — the rule of law in r^ard thereto. 

3. A new trial will not be granted simply because counsel in addressing the jury referred to the 
action of the jury on the former trial. Objection should have been made at the time, and the 
court would then protect the party complaining, either by withdrawing a juror, or by a proper 
caution in their charge. 

The opinion of the court was deh'vered January 2, 1883, by 

Woodward, J. — The first reason assigned in favor of a new 
trial is, that the verdict was against the weight of the evidence ; 
and a portion of the second reason is, that the court erred in 
disaffirming defendants' fifth point. As to both these reasons, 
we content ourselves with the answer afforded by the language 
of Mr. Justice Gordon, which is as follows: "The method of 
using the blow-off pipe of their boilers was certainly not a strong 
point of their (the defendants') case. This pipe, used for the 
blowing off of some six or more boilers, terminated in a wooden 
box some twenty inches or two feet in the ground, and directly 
under the path over which the hands from the colliery were con- 
stantly passing and repassing to and from the repair-shop and 
prop-yard. That the action of the water and steam, thus con- 
fined, must necessarily hollow out and cave in the loose material 
around and above it was something that did not require the 
learning of an expert to foresee and predict; and we think it 
would take a good deal of evidence, and a very ingenious argu- 
ment, to convince a jury of average intelligence that such an 
arrangement was one of even ordinary safety." 

The answer of the court to the sixth point is also complained 
of This, in substance, was a request that we should take the 

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i8o Reese v. Payne & Co. 



case from the jury, on the ground that the accident was caused, 
in any view of the case, not by the neghgence of the defendants 
themselves, but by that of a fellow-servant or workman, and that 
for such negligence the defendants were not liable. We declined 
to charge as requested, on the ground that the legal principle 
sought to be invoked was not applicable to the case in hand At 
the outset of the charge the jury were distinctly instructed, first, 
that if they believed the method adopted for disposing of the 
steam was good and ordinarily safe, and such as ordinarily pru- 
dent men would employ, then there was no negligence on the part 
of the defendants, and the case was at an end ; and secondly, that 
even if they believed the defendants negligent, but were also of 
the opinion that the plaintiff himself was guilty of want of ordi- 
nary care, so that his own negligence concurred with that of the 
defendants in producing the injury, then and in that case their 
verdict should be for the defendants. It must be, therefore, that 
the jury, thus instructed, found, first, the fact of negligence on 
the part of the defendants; and secondly, that the plaintiff him- 
self was not guilty of any concurrent negligence. And from this 
it follows that the sixth point of the defendants was correctly 
disposed of The rule in regard to the negligence of fellow- 
servants is this: "The master is not liable to a servant for injury 
caused by the negligence of a fellow-servant, provided he is him- 
self free from the imputation of negligence in connection with 
the injury. Bigelow on Torts, 709. If, therefore, we are right 
in assuming that the jury regarded the instructions given them, 
then there was no room left for the application of the doctrine of 
the law invoked by the defendants in their sixth point. That the 
general rule referred to is the one adopted in Pennsylvania will 
be apparent to any one who will study the cases. See Murphy 
V. Crossan, 11 W. N. C. 9; Green and Coates St. Pass. R. R. v, 
Bresmer, 10 W. N. C. 380. We refer also and particularly to the 
case of 0*Donnell v, Allegheny Valley R. R. Co. (9 P. F. S. 239), 
where the whole subject is fully discussed by Mr. Justice Agnew. 
See also the case of Fuller v. Jewett (80 N. Y. 46), where it was 
held that the machinists of a railroad company, who are employed 
to manufacture and repair its engines, are not to be considered 
as co-employees or fellow-workmen of the engineers employed 



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Reese v. Payne & Co. i8i 

to run the engines, because they are not engaged in the same 
general business. 

The only other question demanding attention is raised by the 
third reason assigned for granting a new trial. This is based on 
the alleged improper conduct of counsel for the plaintiff, who, in 
making his argument to the juiy, used the following language: 
"These witnesses (referring to the testimony of defendants* wit- 
nesses in regard to steam issuing from the ground) testified on 
the other trial just as strong as they do now; the other jury did 
not regard them, and I trust this jury will do as that jury did," 
etc. It is proper to state that at the time of the argument I was 
busily engaged in preparing the notes of my charge, and did not 
personally notice the language of counsel. But it is admitted 
that at least one of the counsel for the defendants was present, 
heard the argument, and made a note of the speech now com- 
plained of, without interposing any objection, or asking the court 
to caution the jury as to its effect. Admitting, then, that the 
language used was objectionable, and that the court, upon 
application made at the time, would either have withdrawn a 
juror and continued the case, or else have noticed the matter in 
their charge in such a manner as to have prevented prejudice to 
the defendants' case, it remains to inquire whether, under the 
circumstances, it is our duty to grant a new trial at the request 
of the defendants. In Wharton on Criminal Law (§ 3334), we 
find the rule on this subject, as applied to criminal practice, laid 
down as follows: "A new trial will not be granted simply because 
counsel i-n their addresses traveled beyond the evidence, unless 
the court was called upon to interpose, and, on a case requiring 
it, refused to do so." In McCorkle v. Binns (5 Binn. 348), where 
it was known to one of the parties, before verdict rendered, that 
a juror, before he was impaneled, had declared that he had made 
up his mind against him, it was held that it was the duty of the 
party complaining to make the facts known at once, and that he 
could not take the chance of a verdict in his favor, and, upon its 
being against him, move for a new trial. The language of the 
Supreme Court is this: "Now, if the defendant supposed that he 
should not have a fair trial, he ought to have laid the matter im- 
mediately before the court, and requested that the jury might be 



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1 82 Commonwealth v. Taylor. 

discharged. He ought not to have taken the chance of a verdict 
in his favor, and kept his motion for a new trial in reserve, be- 
cause the plaintiff and the defendant were then placed on an 
unequal footing/* In St. Louis Railway Co. v. Myrtle (reported 
in 51 Indiana Rep. 576), the language of the court is as follows: 
" It is settled by the very decided weight of authority that the 
failure of the court to interfere when opposing counsel are pres- 
ent in court, and do not ask the interposition of the court, or 
object to the line of argument being pursued, will not entitle the 
party to a new trial." See also Commonwealth v. Twitchell, i 
Brewster, 592, and Commonwealth v. Hanlon, 3 Brewster, 496. 

We have thus considered all the questions raised by the motion 
(or a new trial, and are of the opinion that no sufficient reason 
for a new trial have been established. 

The motion for a new trial is denied, and the rule discharged. 

John Lynch, Esq., for plaintiff. 

Messrs. Palmer, Dewitt & Fuller, for defendants. 



dourt of ifiiuarter Sessions of Cujerne (lountg. 



Commonwealth v. Taylor. 

X. Th« act of Assembly of the 8th of June, i88t, entitled "An act to provide for the r^stration of all 
practitioners of medicine and surgery/' is a constitutional and valid statute, and not within the 
prohibition as to laws ex post facto. 

2. A vested right or property in a business calling or profession can only exist when the pursuit or 

practice of it is in conformity with the law of the land. 

3. The distinction between laws which are retrospective merely and those ex fost/ttcto. 

The opinion of the court was delivered June 23, 1883, by 

Woodward, J. — The defendant was convicted upon two indict- 
ments preferred against him under the act of Assembly of June 
8. 1 88 1, entitled "An act to provide for the registration of all 
practitioners of medicine and surgery." One of these indict- 
ments charges that he did " wrongfully and unlawfully engage in 
and pursue the practice of medicine and surgery for gain and 
reward in the city of Wilkes-Barre, not being a graduate of a 



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Commonwealth v, Taylor. 183 



legally chartered medical college or university having authority 
to confer the degree of doctor of medicine, and not having been 
in the continuous practice of medicine or surgery in this Com- 
monwealth since 187 1," etc. The other indictment charges that 
the defendant did unlawfully and falsely make affidavit to a state- 
ment that he had been in the continuous practice of medicine 
and surgery in this State since the year 1871, which affidavit and 
statement was filed and registered in the office of the prothono- 
tary in accordance with section 5 of the act of Assembly of June 
8, 1881. The two cases were, by consent of counsel and with 
the approval of the court, tried together. The result of the trial 
was a general verdict of guilty, and the case is now before us on 
a motion in arrest of judgment and for a new trial, founded on 
two reasons, which are, first, that the act of Assembly of June 8, 
1881, is an ex post facto law, and therefore unconstitutional; and 
secondly, that the court erred in admitting in evidence the affida- 
vit of the defendant filed in the prothonotary*s office, the same 
having been sworn to before a deputy, instead of the prothono- 
tary himself 

The constitution of the United States, in article i., section 10, 
provides that no State shall pass any bill of attainder, ^^r^^^/y^^/^ 
law, or law impairing the obligation of contracts. The constitu- 
tion of Pennsylvania also declares, in article i., section 17, that 
" no ex post facto law, nor any law impairing the obligation of 
contracts, or making irrevocable any grant of special privileges 
or immunities, shall be passed." 

Is the act of Assembly of June 8, 188 1, an ex post facto law? 
If so, is it unconstitutional and void? 

An ex post facto law is thus described by Mr. Justice Black- 
stone: "When, after an action (indifferent in itself) is committed, 
the legislator then, for the first time, declares it to have been a 
crime, and inflicts a punishment upon the person who has com- 
mitted it/' 

In Cooley on Constitutional Limitations it is said that a law 
comes within the intent of the prohibition when " it makes an 
action done before the passing of the law, and which was inno- 
cent when done, criminal, and punishes such action." Cooley on 
Const Lim., star page 265. 



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184 Commonwealth v, Taylor. 

An ex post facto law is one which makes an act punishable in 
a manner in which it was not punishable when it was committed. 
Fletcher v. Peck, 6 Cranch. 138; Lane v. Nelson, 2 W. N. C. 216. 

There is a distinction to be noted between laws ex post facto 
and those which are objectionable merely because they are retro- 
spective. Every ex post facto law must necessarily be retroactive, 
but every retroactive law is not ex post facto. The former are 
prohibited by the constitution ; the latter are not. A law that 
takes away or impairs rights vested agreeably to existing law is 
retrospective, and may be unjust, but it is not necessarily uncon- 
stitutional. There is nothing in the constitution of the United 
States, nor of Pennsylvania, to prevent retrospective legislation, 
provided it does not impair the obligation of a contract, or change 
the punishment of a criminal act. See Lane v. Nelson, supra. 

With these definitions and distinctions clearly in mind, let us 
see in what way, and with what effect, they are applicable to the 
present case. Dr. Taylor, the defendant, was indicted, not for 
having practiced medicine and surgery without a diploma, or 
without a continuous experience and practice of ten years, prior 
to the passage of the act of June 8, 1881 ; but, on the contrary, 
the offence charged was a violation of the statute after its passage, 
in continuing to practice in violation of its provisions. The date 
of the offence set out in the indictment is the 2d of October, 
1882, or a point of time some sixteen months later than the date 
of the statute. He was not tried, and is not to be punished, 
for anything done, or omitted to be done by him, prior to the 2d 
of October, 1882. Nothing done by him before the act of 
Assemby, and which was then innocent, is now made criminal, 
nor is he charged with any offence of that character. But it is 
alleged against him that, after the passage of the act of June 8, 
1 88 1, and with full knowledge of its requirements, he continued 
in the practice of a profession for which he did not possess the 
necessary and legal requirements. In other words, the precise 
question in the case is this: Did Dr. Taylor, on the 2d of Octo- 
ber, 1882, hold a diploma as a graduate of a legally chartered 
medical college or university, having authority to confer the 
degree of doctor of medicine; or, not having such diploma, had 
he been in the continuous practice of medicine and surgery in 



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Commonwealth v, Taylor. 185 



this Commonwealth since the year 1871 ? As he makes no claim 
of being a graduate from a medical college, the question is nar- 
rower still. And this question of continuous practice since 1871 
was distinctly submitted to the jury as the important question of 
fact in the case under the evidence. 

Again, it must be remembered that the defendant has recog- 
nized the force of the obligation imposed on him by this act of 
Assembly. He did not refuse to be bound by it, and challenge 
its validity. On the contrary, he presented himself at the pro- 
thonotary's office, and made the required affidavit, which was 
duly filed and registered. He was charged with having sworn 
falsely, and this issue, as we have said, was tried before the jury, 
and fairly submitted to them as a question of fact. In this 
respect, the present case is to be distinguished from that of the 
Comlth. V. Wasson (2 York Leg. Rec. 211), decided by Wickes, 
J., whose opinion was handed to us at the time of the argument. 

Something was said during the argument to the effect that the 
statute in question might be obnoxious to the objection that it 
would deprive the defendant of his property, without the judg- 
ment of his peers, or due process of law. But what vested right 
or property can a man have in a profession, unless he conforms 
to the law of the land in his pursuit and practice of it? A 
familiar illustration might be found in our system of granting 
licenses for, and regulating the manufacture and sale of, intoxi- 
cating liquors. A man may have a natural and vested right to 
spend his money as he pleases. He may invest it in win^s and 
liquors to any extent, but if he desires to dispose of them to 
others as a dealer, he must do so in conformity with the restric- 
tions of the statutes. The same principal animates and pervades 
all those laws, which compel the inspection and branding of flour 
and meal; the inspection of whiskey; the compulsory suppres- 
sion of many kinds of business dangerous and detrimental to the 
safety or health of a community; and the power of taxation, almost 
unlimited, reposed in the Legislature. The right to compel a 
lawyer to pursue, for a certain time, a prescribed course of study, 
and to submit himself to the ordeal of an examination, as a con- 
dition precedent to entering upon the practice of the profession 
of the law, and receiving its emoluments, has never been success- 



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1 86 Commonwealth v. Taylor. 



fully questioned, and this in the absence of any positive statute 
on the subject. Under the common law of England, all persons 
desirous of following any trade were obliged to serve a regular 
apprenticeship of seven years, and an attempt to engage in a 
trade without having first served an apprenticeship was made 
punishable under the statute of 5 Elizabeth, c. 4. See 2 Black- 
stone Com. 159, 197. And it would seem that all the arguments 
drawn from considerations of the welfare of the public, and the 
general good, apply with peculiar force to the profession of med- 
icine and surgery. In no other avocation or profession is mere 
pretence and quackery so common, and in no other is it so diffi- 
cult to detect and demonstrate their existence. 

We are of the opinion that the act of Assembly of June 8, 
1 88 1, is not an ex post facto law, but that it is, in all respects, a 
valid and constitutional statute. 

We are also of the opinion that the deputy prothonotary might 
administer the oath, as was done in the present case. In Com- 
monwealth V, Greason (5 S. & R. 332) it was held that a deputy 
clerk of the peace has power to administer the oath required on 
the registry of a negro or mulatto servant, although the act 
required the clerk of the peace to administer it. The language 
of Tilghman, C. J., is as follows: "By this act the clerk of the 
peace is authorized and required to administer the oath; and as 
it was well known that it was usual for the clerks of the peace to 
appoint deputies, there can be no doubt but it was the intent of 
the act that, in such case, the deputy should administer these 
oaths." This case was decided in 1 8 19, and was followed, in 
1828, by the case of the Commonwealth v. Allen (17 S. & R. 285) 
where the court say: "It has never been questioned, nor can it, 
that a prothonotary may make a deputy, and a deputy may do 
all acts which his principal can do." See also the case of Com- 
monwealth V. Jermon (29 Leg. Int. 165), which was a prosecution 
for perjury, and where the oath was administered by a deptuty 
prothonotary, and held to be sufficient. 

The motions in arrest of judgment and for a new trial are 
denied. 

John McGahren, Esq., for plaintiff. 

T. R. Martin, Esq., for defendant. 



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Swallow v. Red Ash Coal Co. 187 



Caurt of dommon JpUos of Cujenie (Countg. 



Swallow v. Red Ash Coal Co. 

It is misconduct on the part of a magistrate to omit to inform a party who has given bail for a« 
appeal, and paid the cosu, that an affidavit is aUo required to perfect the appeal. 

Rule to strike oif appeal, etc. 

The opinion of the court was delivered June 23, 1883, by 

Woodward, J. — On the 14th of May, 1883, an order was made 
by Judge Rice that the rule in this case stand over until the next 
argument court, with leave to the defendants in the meantime to 
take depositions. The purpose of this was to ascertain whether 
the omission of the defendants to file the proper affidavit for an 
appeal was caused by the fault, fraud, or misconduct of the mag- 
istrate, and whether the defendants were or were not themselves 
guilty o{ laches. 

The deposition of J. C. Williamson has been taken. It shows 
that after calling at the alderman's office during business hours 
for the purpose of taking an appeal, and finding it locked, he met 
the alderman in the court house. They went together to the 
bar office, where the alderman made out a bill of costs, which 
Williamson paid. Bail was given for the appeal, and the tran- 
script was afterwards forwarded by the magistrate by mail. Mr. 
Williamson states that nothing whatever was said to him about 
an affidavit, and that he was prepared to make one if he had 
known that the law required it 

The alderman is careful to state in his transcript that the 
defendants failed to file the required affidavit. This fact is im- 
portant as showing, first, that the alderman knew that an affidavit 
was necessary; and secondly, that he failed in his duty in accept- 
ing payment of the costs and taking bail for the appeal without 
apprising Mr. Williamson of the further requirement of the law. 
This was misconduct on the part of the magistrate, by which the 
defendants were deceived and misled. 

The rule to strike off the appeal is discharged, and it is now 



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l88 FiDEUTV AND CASUALTY Co. V. HeSTY. 



directed that the defendants have twenty days in which to perfect 
their appeal according to law. 

J. T. Lenahan, Esq., for plaintifll 
J. A. Opp, Esq., for defendants. 



dourt of (Jlommon IpUas of Cujeriu Countp. 



Fidelity and Casualty Co. t\ Hesty. 

r. The act of April 4, 2873, in regard to foreign insurance companies, does not enlarge the jurisdiaioD 
of justices of the peace so as to permit them to direct process to a constable of another county. 

a. The acts of April 24, 1857, and ^ April 8, 1868, refer to actions commenced in courts of record only. 

Certiorari, 

The opinion of the court was delivered June 23, 1883, by 

Woodward, J. — The summons in this case was issued by an 
alderman of the city of Wilkes-Barre, and directed to the consta- 
ble of Reading, Berks county, Pennsylvania. It was returned 
served by such constable, " on the within named defendant, the 
7th of March, 1883, personally, by producing to Geo. P. Zeiber, 
Esq., state attorney or agent for the Fidelity and Casualty Com- 
pany of New York, the original, and informing him of the con- 
tents thereof" 

It is claimed that this method of obtaining service of a sum- 
mons upon a foreign insurance company, doing business in this 
State, is warranted by the thirteenth section of the act of April 
4, 1873 (Purd. 1798,//. 22). The act of March 20, 1810 (Purd. 
850, //. 40), defines the powers of justices of the peace in civil 
causes, and directs that process shall issue to the constable of the 
township, ward, or district where the defendant usually resides, 
or can be found, or to the next constable most convenient to the 
defendant. It is the universal practice, however, for justices to 
i^sue their precepts to any constable of the county. It does not 
seem to us that the act of April 4, 1873, was intended to so 
enlarge the jurisdiction of justices as to permit them to direct 
process to a constable of another county. The acts of April 24, 



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Krueger v. Rutledge. 189 



1857 (Purd. 802), and of April 8, 1868 (P. L. 70), prescribe the 
method of serving process upon insurance companies of other 
States, doing business in this State, but both these acts, in our 
opinion, refer to actions commenced in courts of record, and not 
to those before justices ofHhe peace. See Clark v. Wooley, 7 
S. & R. 352. 

The first and second exceptions are sustained, and the proceed- 
ings are reversed. 

Messrs. Bennett & Nichols, for plaintiff. 
E. A. Lynch, Esq., for defendant. 



dottrt of dominon JJUas of Cujenu (JTountB- 



Krueger v, Rutledge et al. 

Equity — Ityunction — Landlord and itnani^ 

I. The act of December 14, 1863 (landlord and tenant), is a complete system for obtaining possession 
by a landlord. 

3. The plaintiff, a tenant, daimed that before the expiration of the term he had acquired the rights 
of a vendee under an agreement accompanying the lease : Held^ that this was a defense which 
he could make before the justice, and that the court had no jurisdiction in equity to restrain the 
landlord from proceeding under the statute to try his right to repossess himself of the leased 
premises. 

Motion for preliminary injunction. 

The opinion of the court was delivered April 26, 1882, by 

Rice, R J. — This motion must be refused, for the reason that 
the facts alleged do not give a court of equity jurisdiction to 
restrain the defendants from proceeding before the alderman. If, 
as matter of fact, before the expiration of the term, the plaintiff 
acquired the rights of a vendee under the agreement accompany- 
ing the lease, this is a defense which he may make before the 
alderman, whose proceedings we are now asked to restrain. 
Newall V. Gibbs, i W. & S. 496; Koontz v. Hammond, 12 Sm. 
177. The remedy provided by the landlord and tenant act of 
1863 is not one-sided, for it allows to the defendant ample scope 
to allege and prove any legal defense he may have against the 



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190 Hodges v. Laurel Run Lodge. 

plaintiflPs demand, with the right of review by appeal ox certiorari. 
Brown's Appeal, 16 Sm. 155; Heritage v. Wilfong, 8 Sm. 137; 
Quinn v, McCarty, 31 Sm. 475. The magistrate is not to give 
judgment against the tenant unless it shall "appear right and 
proper" to him. He thus has ampl^ power to hear such matter 
of defense as is alleged in this bill. If dissatisfied with his judg- 
ment, the tenant may appeal, and have the case tried before a 
jury as an action of ejectment. It is true, the appeal is not a. 
supersedeas^ but the statute makes ample provision to satisfy him 
in damages in case he finally succeeds, and for all necessary writs 
to restore to him the possession. 

It is conceded that the plaintiff went into a possession under a 
lease from the defendant, and that the term named therein is at 
an end. The plaintiff's remedy under the statute is complete, 
and under all the authorities it is clear that we have no jurisdic- 
tion in equity to restrain the defendants from proceeding under 
the statute to try their right to repossess themselves of the leased 
premises in question. Brown's Appeal, ^w/r^/ Reynolds v, Davis 
et al,, I Kulp, 342. The authorities cited seem to us to be so 
clearly decisive that we need not elaborate further. 

The motion for a preliminary injunction is refused. 

E. Robinson and T. J. Chase, Esqs., for plaintiff. 

W. S. McLean and A. Bauman, Esqs., for defendants. 



dourt of Common Jpleas of Cujenie (jTouutg. 
Hodges v. Laurel Run Lodge, No. 344, Knights of Pythias. 

Equity. 

Where the answer is responsive to the bill, the latter must be sustained by the testimony of two 
witnesses, or of one witness and strongly corroborative circumstances. 

Exceptions to master's report. 

The opinion of the court was delivered May 8, 1882, by 

Rice, P. J. — By its charter the defendant society undertakes 
to grant weekly benefits, as they are called, to disabled members 



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Hodges zk Laurel Run Lodge. 191 



in good standing. The plaintiff's demand is for benefits accrued 
since October 5, 1876, and he prayed for a decree that the society 
account for and pay over the same to him. Assuming that a 
court of equity has jurisdiction at all, in order to show that the 
plaintiff was entitled to the benefits claimed, it was material to 
aver, not merely that he was in good standing at the time he 
became disabled, as is alleged in the third paragraph of the bill, 
but that he was in good standmg during the period covered by 
his present claim. Art. XVI., § 3, Constitution. This was the 
point in issue, and it is to this point that the defendant's answer 
must be held to apply. If, therefore, the averment, on the plain- 
tiff's part, of this material fact is to be implied from the averment 
that he was in good standing when his disability commenced in 
1875, then, clearly, a similar implication must be made in favor 
of the answer, and the denial that he was in good standing at the 
time he made a legal claim for assistance was not the introduc- 
tion of new matter, but was so responsive to the material element 
of the plaintiff's averment as to require him to establish it by 
affirmative proof. It is true, the fourth paragraph of the bill 
avers, in general terms, that the plaintiff, being disabled, was 
entitled to receive the relief claimed. This is a very general and 
sweeping allegation; but if it be held that it is sufficiently specific 
to require an answer from the defendant, it must also be conceded 
that the answer is quite as sweeping, as well as specific, in this 
particular, in denying that the plaintiff was ever justly entitled to 
the relief claimed. The plaintiff might, by greater particularity, 
have required a more specific answer; but, after careful conside- 
ration, we conclude that the answer is responsive, and the only 
evidence introduced in support of the disputed averments being 
that of the plaintiff, the master rightly held that the bill was not 
sustained by the quantum of proof required by the equity rule. 

And now. May 8, 1882, this cause having been heard on bill, 
answer, proofs, and report of master, and having been argued by 
counsel and duly considered by the court, it is ordered, adjudged, 
and decreed that the bill be dismissed, at the cost of the plaintiff. 

H. A. Fuller, Esq., for plaintiff. 
A. Ricketts, Esq., for defendant. 



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192 Long v. Caffrev. 



Court of Common JJUos of Cujerne Conntp. 



Long v, Caffrey. 

s. A plaintiff who has fiiiled to recover in a scire facias upon a mechanics' Hen may reM>rt to an 
action of debt against the same defendant upon die original contract, without payment of cost& 
allowed in the mechanics' lien proceeding. 

2. Where the defendant in the action upon the contract has appeared before arbitrators, and agreed 

to the entry of a judgment against himself for a sum certain, reserring the ri^^t to appeal, and 
has then entered his appeal, the application to set aside the proceedings because of non-payment 
o( costs b too late. 

3. Powell V. Wyoming Valley Manufacturing Co. (9 Luz. Leg. Reg. 115; i Kulp, 91) presents the 

exact converse of the present question. 

Rule to stay proceedings until payment of costs. 

The opinion of the court was delivered September i8, 1882, by 

Woodward, J. — It is the well settled policy of the law to pro- 
tect parties from being harrassed by a multiplicity of suits for the 
same cause of action. In the case of Neritt v. Lade (3 Doug. 
396), the first suit was in the Exchequer, and the second in the 
King's Bench, and the latter court stayed the proceedings until 
the costs of the former were paid. And it seems that the prac- 
tice of compelling payment of costs is not confined to cases in 
which there has been a trial on the merits, but is applicable as 
well to cases of discontinuance, non proSy and judgment on 
demurrer. See Gerety v. Reading Railroad Co., 9 Phila. Rep. 
153. The leading case in this State seems to be Fleming v. 
Pennsylvania Insurance Co. (4 Barr, 475), where, in a second suit 
upon a policy of insurance, it was held that the costs upon a 
former suit in a different court, but upon the same policy, ending 
in a compulsory non-suit, must be paid by the plaintiff as a con- 
dition precedent to such suit. 

The first difficulty in the present case arises when we come to 
apply the practice in question to the circumstances under which 
the two suits were instituted. The first proceeding was by a 
scire facias issued upon a mechanics* lien. The defense to this 
suit was successful. The plaintiff then resorted to the present 
action of debt upon the original contract. In a certain sense, the 



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Long v, Caffrey. 193 

cause of action in both cases is the same, viz.: the work done 
and the materials furnished in and about the erection of a build- 
ing. But, in another view of the matter, the mechanics' lien was 
but a collateral security, and the plaintiff was at liberty to pro- 
ceed against the property on it at the same time that he resorted 
to a personal action against the defendant. The one is a statu- 
tory remedy, and is strictly a proceeding in rem, while the other 
is the common law right of action for the recovery of a debt, 
which, when pursued to judgment, entitles the plaintiff to have 
execution upon all, or any portion, of the defendant's estate. The 
exact converse of the present question was presented in the case 
of Powell V, Wyoming Valley Manufacturing Co. (9 Luz. Leg. 
R^g- ^^5; I Kulp, 91), which went up from this county. In 
that case the Supreme Court, in affirming the ruling of Judge 
Rice, hold that a judgment in a personal action for materials 
furnished is no bar to a proceeding upon a mechanics* lien for 
the same materials. And if this be so, it would seem to follow 
that the complaint of multiplicity of suits cannot be successfully 
urged in a case like the present one, but that the opinion of the 
Supreme Court, in the case first referred to, expresses the doctrine 
of the law when it says, that "a party may have many securities 
for the same debt, and may proceed on them all until he obtains 
satisfaction.*' 

We are of the opinion, therefore, that the authorities relied on 
by the learned counsel for the defendant are not applicable to 
the present case, and that the fact of the plaintiff's failure to 
recover upon his mechanics' lien does not subject him to the 
necessity of paying costs before proceeding with his personal 
action. 

There is still another view of this case which we feel bound to 
notice, and which would compel us to discharge the present rule. 
The plaintiff brought suit on the 15th of February, 188 1. On 
the 8th of February, 1882, he entered a rule to arbitrate, and 
.service of this rule was accepted by defendant's counsel. Arbi- 
trators were duly chosen, and the arbitration fixed for the 8th of 
March, 1882. Upon that day an agreement in writing was made 
between the counsel for the plaintiff and the defendant, and filed 
in the office of the prothonotary. This agreement is as follows : 



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194 Long v. Caffrey. 



"Now, March 8, 1882, it is hereby agreed that judgment should 
be entered in above case in favor of the plaintiff, and against the 
defendant, in the sum of ^1,203.85, with interest from March 8, 
1882: to have the same force and effect as if the above-named 
arbitrators had met at the time and place fixed in the within rule, 
and, after having been sworn and heard the proof and allegations 
of the parties, had duly awarded in favor of the plaintiff, and 
against the defendant, in the above sum of ;$i, 203.85. The said 
defendant to have the right to appeal in the usual way at any 
time with twenty days from the filing of this agreement. 
(Signed) '*L. B. Landmesser, 

*' Attorney for Plaintiff. 
"Harding & McGahren, 

''Attorneys for Defendant!' 

On the 22d of March, 1882, the defendant appeared at the 
prothonotary's office, and entered his appeal, as from an award 
of arbitrators, in the usual form. On the 24th of April, 1882, 
. the present rule was taken. 

It is now too late, it seems to us, for the defendant to complain 
of the non-payment of costs in the scire facias before suit brought, 
and to ask for a stay of proceedings on that ground. If he might 
have done this successfully at any time, it is clear that he cannot 
do it now. By appearing before the arbitrators, agreeing to an 
award, and reserving only the right to appeal, he has recognized 
the right of the plaintiff to bring the suit, and has waived his 
right to claim abatement until payment of costs as a precedent 
condition. The award, when filed, became a lien and incum- 
brance upon the defendant's real estate, and the security thus 
acquired by the plaintiff is not disturbed by the appeal. To 
make the order now prayed for would either not touch or effect 
the lien of the judgment entered upon the award, and would then 
be absurd, or else it would set aside and nullify a judgment 
entered according to law, and with the consent of the defendant, 
and would then be unjust. 

The rule is discharged. 

L. B. Landmesser and Geo. R. Bedford, Esqs., for plaintiff. 

Hon. G. M. Harding and John McGahren, Esq., for defendant 



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SHERIFF'S SALES. (westerly along said Grove street 36 feet 9 inches to a 

Abstract uf property to be sold by Wm.O'MalIev.|comer. thence northwesterly at right angles to said 
Sheriff of LAizeme county, on Saturday, August 4tn, {Grove street 120 feet to a comer, thence northeasteriy 
A. D. 1883. at 10 o'clock A. M., at the Arbitration on a line parallel with said Grove street 36 feet 9 inches 
room, in the Court House, Wilkes-Barre, who will .to a comer, thence southeasterly on a line parallel 
proceed with the different properties in the order in ' with Moyallen street 120 feet to the place of beginning; 
which they are numbered, to wit : improvements, one two-story frame dwelling house, 

, I outhouses, and fruit trees. 

6 

S."" f T™***" °f ^»ff*« °X.^\^-. ^'^?f''' "T; Suit of Mary Elliott v. George Blackburn, 
assigned to Thomas Farrell, V. Elizabeth Holdsworth, McLean Ait'y 

Ejcecutrix of John Holds worth deceased. I 1. The surface of all that piece of land in the W- 

227 October term, 1883. Debt, $259 00. Fi. fa 50 ough of Plymouth, beginning at a comer on Church 
October terra, 1883 Farnham Att y. ijtrcet, thence by land sold to William O'Hara 148 feet 

^X*"* surface of all that piece of and m the city of lo a corner, thence along a creek 40 feet to a comer, 
Wilkes-Barre being parts of lots Nos 198 and 199 of ,ihcnce along a lot sold to A. Clewell 148 feet to a cor- 
the survey of the estate of the late Luther Kidder, ner, thence along Church street 40 feet to the place of 
deceased, beginning at point 170 feet from the easterly beginning, containing 5.600 square feel of surtace; im- 
hnc of an alley at an intersection with Bowman street, provements, a double frame house, outbuildings, fruit 
thence northeasterly along the line of said street 50 feet {f^^s ^^q 

to a comer, thence at right angles to said Bowman 2. All the surface of that lot of land in the borough 
street to the line of the right of way of the Lehigh and of Plymouth, beginning at a corner on the northwest- 
Susquehanna Railroad, thence southwardly alona said erly side of Mam street 81 feet in a southwesterly 
line of nehi of way to land of Peter Straub, thence direction from land of Albert Gabriel, thence along 
along said Straub s line to line of Bowman street, the Main street 100 feet to a comer, thence 124 feet to a 
place of beginning, being 50 feet front on Bowman comer, thence 124 feet to Main street, the place of be- 
strcet, and extending back to said line of right of way, ginning, containing 12,400 square feet of land : im- 
with a two-story brick dwelling house, with a stone provements, one two-story frame dwelling house, oui- 
ba&ement. and a two-story frame dwelling house, with tyii^jng,^ j^nj fruit trees, 
a stone basement, and frame summer Kitchtn, nnd ' ' - 

other outbuildings thereon. Snk of W. P. Kirkendall, Assignee, v. George Fritr. 

a 77 yctHtmber term, 1880. Debt, ^876. 25 Fi. fa. 

Suit of Robt. Seamans & Co. v. Wyrewood Thomas , 7 tJcioK r rsrm, 1883 . ^ . ^ SX!"''^^ "^"'^^ 

65 February term. 1883. Debt, ^739 40. FJ. fs. n' ^'^ '^'"' °' °*^ ''*".'* '," ^^"^ ^V °^ Wilkes-Barre. be- 
June term, i&s. Miller, Aify. *:''^Tiin^ i corner in line of Lincoln street, between 

X. All that lot ofland in Parsons borough, begiiuiingf' and 7 thence by I me of Lincoln street 45 

at a corner of lot No. 26, thence 100 feet to a ccm^r on t "«•"' ''»«"« by a tier of lots running from 

alley, thence 50 feet along said alley to acorncr. ihcntt: ^ ;»" ^^^?^^ "7 feet to a corner at the back 

100 feet to acomer on Oliver street, thence y, f^t t! fo. s, thence 45 »eel to a comer between lots 

along Oliver street to place ol beginning, coQiaiuinii ^ 7, ihcnce 117 feet to the place of beginning, 

5.000 square feel of ground, more or less ; excepting ^ " ' 5.265 feet, more or less ; all improved, witTi 

and reserving out of the same all the coal and oih^r ^ i«--L-/y wooden dwelling house, shop, outhouses, 
mincraU in and under said lot. there is a t*o-story lann, and tniit ttrees thereon, 
double frame house erected on said lot, about ju by 31 ^ 8 

feel. I SuU of Abijah Davenport et al. v. Emily Keizer. 

2. All that piece of land in the Fourteenth ward^ Slurges. Att'v. 

city of Wilkes- liarre, bounded on the southerly side, 1 ht surface of that lot of land in the borough of 
by lands of John K. Hunter and Patrick Martin, on Ashley, beginning at a point on the southeast side of 
the westerly side by land of Harding. Mayer, and Hartford street about 50 feet from the center of art 
Mclean, on the northerly side by land of the estate, alley on line of lands sold to Arnold Bertels. thence 
of William Smith, and on the easterly side by Spruce southwesterly parallel with said alley 94 feet to a cor- 
strcet, being 50 feet in front <»n Spmce street by 200 ner, thence southeasterly parallel with said Hartford 
feet in depth, with a two-story frame house, with back, street about 70 feet to a comer, thence northeasterly 
kitchen attached, outhouses, and fruit trees thereon, 'at risht angles to last mentioned corner about 94 feet 

I to Hartford street aforesaid, thence northwesterly 

_ . -„ ,, r» . . . ^.. %. ^ 1. 'along Hartford street about 70 feel to the place of be* 

Suit of Geo. H. Parnsh and Chas. M. Conyngham ginning; improved, with one i^-story frame dwelling 
V. John S. Jones. ^ . ^ ^ ,, . house, outbuildings, fruit trees, and well of water 

326 May lerm, 1883. Debt #205.16. Vend. ex. 33 thereon. 28-30 

June term. 1883. McLean, Gibbons, Att'ys. |_ 

All that lot of land in Wilkes-Barre township, being 

lot No 12, in block D. on plot in hands of George H. I ESTATE OF WILLIAM BRACE, LATE OF 
Pamsh et al , said lot beinK 50 feet in front on Spruce 1 J^, Franklin township, deceased, 
street, and 200 feet in depth ; coal and other minerals letters testamenury upon the above named estate 
reserved. having been granted to the undersigned, all persons 

4 having claims against the same will present them for 

Suit of Geo. H. Parrish and Chas. M. Conyngham payment, and those indebted thereto will please make 
V. John S. Jones. | immediate payment to 

227 May terra, 1883. Debt, I205.36. Vend. ex. 34 FISHkR GAY, 

June term, 1883. McLean, Gibbons. Att'ys. i MYRTLE W. BRACE, 

All that lot of land in Wilkes-Barre township, beine DICKSON & ATHERTON. Executors, 

lot No. II, in block D, on plot in hands of George H.| Attorneys. 23-28 



Parrish et al., said lot being 50 feet in front on Spruce! 

street, and 200 feet in depth ; improved, with 2-storyl „-,.-,r. ^w^ <^ . . * «r . ».^^..»» . .-,-, ^^ 

frame dwelling house. 20 fcet long by 12 feet wide, and P STATE OF SALLY ABBOTT, LATE OF 

other outbuildings thereon ; coal and minerals reserved, i -^ Kingston township, dec<»sed. 

I Letters testamentary upon the above named estate 

5 ! having been granted to tne undersigned, all persons 

Suit of William Connell, Asstenee, v. Jackson Lunn. having claims against the same will present them for 



200 November term, 1880. Debt, <53i.o9. Fi. fa., payment, and those indebted thereto will please make 
46 October term, 1883. McLean, Att'y. 1 immediate payment to 

All that piece of land in the city of Wilkes-Barre, CHARLES A. MINF" 

beginning at a point on the west side of Grove street, L. D. SHOEMAKER, £: 

i48feet 3 inches from Moyallen street, thence south- 1 Attorney. 

I 55 



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ESTATE OP MORRIS HUGHES, LATE OP 
of West Pituton, deceased. 
Letters testamentary upon the above named estate 
iiaving been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

ELIZABETH HUGHES, 
WILLIAM J. HUGHES, 
99-34 Executors. 



ESTATE OF JOHN T. WILLIAMS, Sr., LATE 
of Wilkcs-Barre, deceased. 
Letters testamentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 



JOHN T. WILLIAMS, 
BENNETT & NICHOLS, 



Attorneys. 



Executor. 

2Q-34 



ESTATE OF PATRICK BURKE. LATE OF 
Jenkins township, deceased. 
Letters testamentary upon the above named estate 
having been granted to uie undersigned, all persons 
having claims against the same will present tnem for 
payment, and those indebted thereto will please make 
immediate payment to 

TAMES O'DONNELL, 
MICHAEL T. HOBAN, 
J. T. LENAHAN, Executors. 

Attorney. 29-34 



ESTATE OF CELIA A. DAILY, LATE OF 
Clinton counter. State of Indiana, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per-j 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

WILLIAM E. KYTTLE, 
M. CANNON, Administrator. 

Attorney. »9-34 



ESTATE OF DAVID KLINGER, LATE OF 
Salem township, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tnem 
for payment, and those indebted thereto will please 
make immediate payment to 

N. D. SMITH, 
26-31 Administrator. 



ESTATE OF GEORGE H. HOCH, LATE OF 
Dorranoe township, deceased. 
Letters of administration Upon the above named 
esute having been granted to the undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

MARY HOCH, 
T. R. MARTIN, Administratrix. 

Attorney. 26-31 



ESTATE OF JESSE W. BAIRD, LATE OF 
Kingston, deceased. 
Letters of administration upon the above namisd 
estate having been granted to the undersigned, all 
persons having claims against the same will present 
them for payment, and those indebted thereto will 
please make immediate payment to 

HART PHILLIPS, 
GEO. K. POWELL. Administrator. 

Attorney. 33-38 



ESTATE OF ADAM STUPPI, LATE OF THE 
city of Wilkes- barre, deceased. 
Letters tesuraentary upon the above named estate 
having been granted to the undersigned, all persons 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

ELIZABETH STUPPI, 
JACOB BECKER, 20, 
29-34 Executors. 



ESTATE OF R. C. SUTLIFF, LATE OF THE 
township of Huntington, deceased. 
Letters of administration upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

A. R. PENNINGTON, 
I. P. HAND, Administrator. 

Attorney. 99-34 



ESTATE OF THOMAS McKIERNAN. LATE 
of Hazle township, deceased 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tnem 
for payment, and those indebted thereto will please 
make immediate payment to 

MARY McKIERNAN, 

Administratrix. 



22-27 



LATE 



ESTATE OF ROBERT THOMPSON, 
of Pitwton, deceased. 
Letters of administration upon the above named 
estate having been granted to the undersigned, all per- 
sons having claims against the same will present tht^n 
for payment, and those indebted thereto will please 
make immediate payment to 

MUNGO THOMPSON. 
JANET 'JHOMPSON, 
GEO. S. FERRIS, Administrators. 

Attorney. Ba-37 



ESTATE OF WARREN BENSCOTER, LATE 
of Union township, deceased. 
Letters testamentary upon the above named estate 
ba>nng been granted to the undersigned, all perscms 
having claims against the same will present them for 
payment, and those indebted thereto will please make 
immediate payment to 

G. L. BENSCOTER, 
CLARINDA BENSCOTER, 
22-27 Executors. 



ESTATE OF CHRISTIAN RUTH, LATE OF 
Butler township, deceased. 
Letters of administratk>n upon the above named 
estate having been granted to tne undersigned, all per- 
sons having claims against the same will present them 
for payment, and those indebted thereto will please 
make immediate payment to 

ARIO RUTH. 
SAMUEL BENNER, 
39-34 Administrators. 

56 



LUZERNE COUNTY, ss : 
In the Court of Common Pleas of said county. 
No. 156, May term, 1883. Libel in divorce a vincuJo 
matrimonii. J. C. Coon v. Emma E. Coon. The 
j alias subpoena in the above case having been rettimed 
non est inventus, you, the said Emma E. Coon, are 
, hereby notified, to appear at said court, on Monday, 
I the ist day of October, 1883, at 10 o'clock A. M., to 
answer the complaint therein filed. 

WILLIAM O'MALLEY, 
JAMES MAHON, Sheriff. 

Solicitor. 06-39 

I 



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ORPHANS' COURT SALE. 
Estate of Philip Goss, deceased. 



IN RE SATISFACTION OF MORTGAGE. 
Henry M.Hoyt to John Grandin, Mortgage Book I Vy Elstate of Philip Goss, deceased. By virtue 
33, page asa. No. ao, October term, 1883. In the of an order of the Orphans' Court of Luzerne county, 
Court of Common Pleas of Luzerne county. To John 'there will be exposed to public sale, on the premises, 
Grandin, his legal representative or representatives — in Huntington township, on Saturday^, August 35,1883, 
Take notice that the petition of Herz Lowenstein has at 10 o'clock A. M., all that piece ot land in Hunting- 
been filed in the Court of Common Pleas of Luzerne ton township, bounded on the north by land of John 
county, in which petition the said Lowenstein makes ^ Metcaif, on the east by lands of Albert Wilkinson, on 
application to the court to have satisfied of record the the south and west by lands of Delilah Wilkinson, 
mortgage recorded in the Recorder's office of Luzerne containing la acres of land ; all improved, with a frame 
county, in Mortgage Book 33, pase 25a, Henry M.jhouseand frame bam thereon. 

Hoyt being the mortgagor and John Grandin the) Terms op Salb — 10 per cent of the purchase money 
mortgagee. You are therefore required to appear and on striking down of the property ; the one-fourth, less 
and answer the said petition on the first dav of next: the 10 per cent, at confirmation absolute; one-fourth 
term, to wit, on Monoay, the ist day of October, 1883, in six months from confirmation nisi, and the balance 
at 10 o'clock A. M., at which time the court will ap-jn one year afler confirmation nisi, with interest on 
point a Commissioner to take testiroomr in the matter, each payment from that date ; the installments to be 

WILLIAM O'MALLEY, 'secured by bond and mortpj^ on the premises. 

37-30 Sheriff. 



ORPHANS' COURT SALE. 
Esute of W. W. Ketcham, deceased. By virtue 
of an order of the Orphans' Court of Luzerne county, 
there will be exposed to public sale, at the Arbitration! 
room, in the Court House, at Wilkes-Barre, on Satur-' 
day, August a, 1883, at 11 o'clock A. M., the following, 
described real estate : | 

I. All those lots of ground in the township of Wilkes- 
Barre, being lots Nos. 48, 50, 6a, 64. 78, 79, 100, ioi,l 
106, 107, 114, 115, 120, lai, 126, 127, 13a, IJ3, 138, 119, 
14a, 151, 152, 153, 154, 163, 164, 165. 166, 172, 174, 185. 
187, 347, 25a. 251, 258, 259, 264, and 265, in a plan of] 
lots laid out by Brown et al. 



G. MILLER, 

Attorney. 



ngage c 
WILLIAM kOONS. 

Administrator. 
29-31 



McLEAN & JACKSON, 

Attornbys at Law, 

Wilkbs-Bariib, Pa. 



2. Also lots Nos. 39, 171, 173, 182, 184, 194, 227, 229, 
339, 340, 241, and 24a in said 
orWdkes-Barre. 



uo, 241, and 24a in said plan, situate in the city 



3. Also an undivided interest in lots Nos. 70 and 11 1 
in said plan, situate in said township. 

4. Also an undivided interest in lots Nos. 49, 51, 53,, 
and 55 in said plan, situate in said city. < 

5. Also an undivided interest in a lot of ground in 
said city, bounded on the easterly side by land of 
William McLaughlin, on the northerly side by the 
Wilkes-Barre Coal Company railroad and a creek, and 
on the southerly side by Miller street, being a triangu- 
larpiece of land, the quantity unknown. 

Tbrms of Salb — Cash down on day of sale. 

JOHN M. KENNEDY, 
J, G. MILLER, Administrator. 

Attorney. 37-29 



CHA8. D. FOSTER, 

Attorney at Law, 

Wilkbs-Barhb, Pa. 



W. S. PARSONS, 

Alderman, 

MaRKBT StRBBT, WtLKB5*BARRB, Pa. 



CALVIN WADHAMS, 
Attorney at Law and Notary Public, 



Wilkbs-Barre. Pa. 



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The Luzerne Legal Register. 

Vol. XII. Friday, July 27, 1883. No. 30. 

Court of Comniou JpUas of Cujernc €ountp. 

ZeIGLER V, EVERHART. 

WatchinR timber at a salary of fifty dollars per annum is not the kind of ' manual labor," nor the 
salary such " wages of labor," as are contemplated by the act of Assembly requiring an affidavit 
and bail absolute for appeals. 

Rule to Strike off appeal. 

The opinion of the court was delivered May 15, 1882, by 

Woodward, J. — It has not been made clear to us that the 
claim of the plaintiff in this case was for what is known as the 
"wages of labor." The first section of the act of April 9, 1872, 
j (Purd. 1464.//. i) describes the class of persons whose earnings 

are to be protected. These are miners, mechanics, laborers, 
clerks, etc. The act of April 20, 1876, in its first section, pro- 
vides the method of appeal from the judgments of justices of the 
peace for the wages of " manual labor." The transcript in this 
case shows that the claim was for work and labor done, and the 
depositions explain that the service consisted in watching timber 
for six years at fifty dollars per year. We do not think that 
such a claim comes within the spirit and meaning of the act of 
Assembly requiring an affidavit and bail absolute. 

The rule to strike off the appeal is discharged. 

E. Robinson, Esq., for plaintiff. 
Hon. Steuben Jenkins, for defendant. 



*< 



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196 Commonwealth v. Trout. 



€ottrt of iQuartcv Sessions of £ebauou €oautg. 
Commonwealth v. Trout. 

A resident of the Commonwealth in confinement for costs alone, under sentence of a criminal court, 
is entitled to be set at liberty forthwith upon making application for the benefit of the insolvent 
law, and presenting a bond in accordance therewith. 

Motion for leave to issue capias. 

The opinion of the court was delivered February, 1883. by 

McPherson, J. — At January sessions, 1883, John Trout was 
acquitted of the charge of selling liquor without a license, but 
directed by the jury to pay one-half the costs. On January 9th 
he was sentenced, and on January 15th, having made applicaton 
for the benefit of the insolvent laws, and presented a bond as 
thereby required, he was discharged from custody. The district 
attorney now asks for a capias, alleging that the order for his 
discharge was illegal, and that he must be considered as an 
escaped prisoner. The argument is, that a sentence for costs 
requires either payment, imprisonment for thirty days under sec- 
tion 48 of the insolvent law of 1836, after which the prisoner is 
discharged without further proceedings of any kind, or imprison- 
ment for three months if a discharge is sought as an insolvent. 
Confinement for three months is made necessary, it is said, by 
section 3 of the act of 1836, which provides that "no debtor shall 
be entitled to relief under this act, unless he shall have resided 
within this Commonwealth for six months* immediately preceding 
his application to the court, or shall have been confined in jail 
for three months immediately preceding such application.'* A 
careful examination of the various statutes and decisions on this 
subject has led us to a different conclusion, the reason for which 
we will state as briefly as possible. 

At common law, as is well known, no provision was made for 
costs in any form of proceeding, civil or criminal. In Irwin v. 
Commissioners (i S. & R. 508) Judge Yeates declares that before 
the passage of the act of December 8, 1804, empowering grand 



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Commonwealth 7\ Trout. 197 

and petit jurors to dispose of the costs in certain cases, "the 
defendant, whether convicted or acquitted of the offence charged, 
was obliged to pay the costs, and left to his remedy against the 
prosecutor by action of malicious prosecution. If he was con- 
victed, the payment of costs formed part of the sentence; if 
acquitted, he was discharged on payment of fees." There had 
been earlier legislation, viz., the acts of September 23,1791, and 
of March 20, 1797 (Read's Dig. 287,//. 25, and 293,//. 51). but 
the act of 1804 (4 Sm. Laws, 204) first gave juries power over the 
subject. See also Commonwealth v, Tilghman, 4 S. & R. 127; 
Strein v. Zeigler, i W. & S. 260; Commonwealth v. Johnson, 5 
S. & R. 199; McKinney's Am. Mag. 316, 319, el seg. The crim- 
inal procedure act of i860 rcenacted the former statutes, and the 
act of 1804, with its supplements, is substantially the law to-day. 
Where the defendant was confined for costs, under either the 
common law or this legislation, he could originally only be 
released upon payment. The insolvent law of April 4, 1798, 
(Read's Dig. 176) did not touch the subject at all, and it was not 
until 1 8 14, by section 17 of the act of March 26, that persons 
"in confinement . . for the payment of the costs of prosecu- 
tion" became entitled to relief under the acts relating to insolvent 
debtors. A similar provision appears in section 47 of the act of 
June 16, 1836 (P. L. 729). At what time, then, is an insolvent 
debtor entitled to his discharge from confinement? The act of 
1798 provided, in section I, that "any debtor having been an 
inhabitant of this State for two years next before his application '* 
might apply to the court in term time; and in section 2, that he 
should be discharged from imprisonment only after assigning all 
his property. This compelled him to remain in jail while notice 
of his application was being given or published, and until after 
find hearing. If, however, he was arrested in vacation, he might, 
by section 14, be discharged "forthwith" upon application to a 
judge, and giving bond to the plaintiflTto appear at the next term 
and comply with the requirements of the statute. This act ex- 
pired in 1 80 1. The first section of the act of March 26, 1 8 14, 
made six months residence in the State sufficient, and the second 
section provided for the debtor's discharge from confinement 
only after final hearing. No provision was made for arrests in 



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198 Commonwealth v. Trout. 

vacation, and neither statute extended to non-residents. To 
remedy this latter defect, the act of March 13, 181 5 (P. L. 156). 
was passed, allowing **all and every person or persons'* to apply, 
but provided that those who had not been residents of the State 
for six months must first suffer confinement for three months. 
Liberty, pending the proceedings, was given in 1820 to certain 
debtors, but persons confined for costs could not be released until 
final hearing. Henry v. Commonwealth, 3 Watts, 384, The 
revised act of 1836, in section 3, provides that the debtor must 
have "resided within the Commonwealth for six months imme- 
diately preceding his application to the court, or shall have been 
confined in jail for three months immediately preceding such 
application," plainly intending to consolidate the provisions of 
the acts of 1814 and 1815. The language of section i, also 
referring to "insolvent debtors residing or being within this 
Commonwealth," shows that the act was meant for residents and 
non-residents alike. As to non-residents, confinement for three 
months is necessary before an application can be made; but in 
the case of residents it seems clear, from sections 4, 5, and 6, that 
the debtor is entitled to discharge "forthwith" upon giving bond 
to appear at the next term and present his petition for the benefit 
of the law. It is not even necessary to apply to the court or a 
judge; the prothonotary, under the act of March 30, 1833 (P. L. 
107), may approve the security and make the order to discharge. 
This is the case of a debtor, and section 47 seems to us quite as 
.explicit with regard to "any person confined for non-payment of 
. . . the costs of prosecution." The language is that the 
*^ Court of Common Pleas . . shall have power to discharge 
such person from such confinement on his making application 
and conforming to the provisions hereinbefore directed in the 
case of insolvent debtors." This is very different from section 16 
of the act of 1 8 14, which only gave to such persons the "benefit 
of this act," under which, as we have seen, even a debtor could 
not be released until after final hearing, and shows plainly, as we 
think, that the intention of the Legislature was to remedy the ine- 
quality pointed out in Henry v, Comlth. (supra), decided in 1834, 
and put persons imprisoned only for costs on precisely the same 
footing as debtors. But, however this may be, section 6 of the 



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Commonwealth v. Trout. 199 

act of January 24, 1849 (P- L. 677). seems to remove all doubt 
by providing that "any applicant for the benefit of the insolvent 
laws, who is, or may hereafter be, in confinement under sentence 
of any criminal court, and who shall be entitled to be released 
from such confinement on com|)liance with the provisions of ex- 
isting acts of Assembly, shall be released on giving bond as in 
civil cases." 

The Commonwealth's whole case rests, therefore, on the con- 
struction of section 3, for which it contends; and this construc- 
tion, besides being at variance with the apparent meaning of the 
words used, and with the history of former legislation on the 
subject, further loses probability when section 48 is considered. 
Under that section, which is taken from section 18 of the act of 
18 14. as construed in Commonwealth v. Long (5 Binn. 489), im- 
prisonment for thirty days entitles a person in confinement for 
costs to his discharge without proceedings of any kind. Is it 
conceivable, with such a provision in the law, that the Legislature 
meant, in ^^6, also to say that such prisoners might apply for 
discharge under the formalities of the insolvent law if they would 
stay in jail two months after they were entitled to be free, and 
particularly when the consequences of discharge are the same in 
either case, viz., freedom from imprisonment for the same cause, 
but not freedom from the debt or charge ? 

We think the provisions of the law, so far as fines and costs 
are concerned, may be summarized as follows: 

1. A person sentenced to pay a fine not exceeding $15, or to 
pay such a fine and costs, or to pay costs alone, is entitled to 
release after a confinement of thirty days. 

2. A person sentenced to pay a fine more than ^15 with or 
without costs, can only be released under the insolvent law, and 
cannot make application until he has been in confinement for 
three months. 

3. One who has been a resident of the State for six months 
immediately preceding his application, and who has been sen- 
tenced to pay costs alone, may be discharged forthwith upon 
making application under the law. 

Trout comes within this latter class, and was, therefore, prop- 
erly discharged. 



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200 Commonwealth ^^ Gotofski. 

The case of Ex parte Woods (i Pitts. 17), in which a different 
conclusion is reached, does not bind us, and the reasoning is not 
convincing. The case of Ex parte Feehan (Brightly, 462) is not 
in point, for the prisoner there had been convicted and sentenced 
to pay a fine, and he was clearly within the proviso to section 47, 
which declares that "where such person shall have been sentenced 
to the payment of a fine, . . he shall not be entitled to make 
such application until he shall have been in actual confinement, 
in pursuance of such sentence, for a period. not less than three 
months." These two cases are briefly mentioned in Schuylkill 
County V, Reifsnyder (10 Wr. 450), but the question here con- 
sidered was not before the court, and we have not been able to 
find any authority on the subject. 

We have gone further than the precise question involved, be- 
cause there seems to be a diversity of practice under the act, and 
we hope the county of Lebanon, which has a considerable inter^ 
est in the matter, will take measures to bring it in some way 
before the Supreme Court, and have it definitely settled. 

The capias is refused. 



(JDjier anb (Jenniner of Cujenu (Sountg. 
Commonwealth v. Gotofskl 

Murder under the Pennsylvania sutute, and the degrees thereof, considered and illustrated. 

Indictment, murder. 

The opinion of the court was delivered March 4, 1880, by 

Woodward, J. — The prisoner was charged with the homicide, 
on the 20th day of December, 1879, of John Blumm, in the 
borough of Nanticoke. On the — day of January, 1880, upon 
being arraigned for trial, he entered a plea of guilty to the indict- 
ment. The indictment contains two counts, the first for murder 
and the second for manslaughter, and the plea is to the whole 
offence. 



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Commonwealth v, Gotofski. 201 



The prisoner, therefore, stands before us, in the language of 
the statute, *' convicted by confession." The solemn and respon- 
sible duty is imposed upon the court to "determine the degree' 
of the crime, and to give sentence accordingly." On the i6th 
day of January, 1880, the testimony of witnesses was taken on 
behalf both of the Commonwealth and the defendant, and from 
this testimony alone we are to decide whether the crime be that 
of murder in the first or second degree, accoiding to the Pennsyl- 
vania statute. 

The facts of the case may be briefly stated. On the evening 
of the 20th of December, 1879, ^ crowd of men, numbering from 
thirty to forty, had gathered in Wernet's saloon, in the borough 
of Nanticoke. Between seven and eight o'clock, the deceased 
was standing near the end of the bar, engaged in drinking beer 
with some of his friends. The defendant was also in the room, 
and more or less under the influence of liquor. While pushing 
about in the crowd in a rude and disorderly manner, he forced a 
portion of it against the deceased, who grew angry, calling upon 
him to keep off". The defendant, a second time, pushed some- 
body against him. The deceased thereupon stepped out into the 
room, and struck the defendant a blow on the mouth with suffi- 
cient violence to draw blood. The parties were prevented from 
further violence, for which they seemed ready, by the interference 
of the by-standers. The prisoner called upon the parties present 
to bear witness that he had been struck, and then left the room, 
declaring his intention to sue or prosecute the deceased. After 
an absence of from ten to twenty minutes, he returned to the bar 
room, went up to the deceased, and asked why he struck him. 
Some reply was made, and immediately the prisoner struck the 
deceased on the right temple with a small screw-driver, forcing 
the end of it so far into the head as to inflict a wound of an inch 
in depth, in which the iron part of the instrument remained, 
detached from the handle, which fell to the floor. It is shown 
by the medical testimony, and not denied by the defendant, that 
the wound thus inflicted resulted in heart clot, and death, some 
six days later. 

The act of March 31, i860, conforming to that of 1794, divided 
the offence of murder into two degrees. "All murder which 



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202 Commonwealth v. Gotofski. 



shall be perpetrated by means of poison, or by lying in wait, or 
by any other kind of wilful, deliberate, and premeditated killing, 
or which shall be committed in the perpetration of, or attempt to 
perpetrate, any arson, rape, robbery, or burglary, shall be deemed 
murder of the first degree, and all other kinds of murder shall be 
deemed murder of the second degree." 

We may, at the outset, eliminate from the present case several 
questions which often arise in the trial of indictments for murder. 
This will serve to simplify our inquiry by confining its limits. 
In the first place, the fact of the homicide is not denied ; secondly, 
it seems clear to us that the killing was both felonious and mali- 
cious, in that the mortal blow was given with an intent to do, at 
least, great bodily harm ; thirdly, it was not committed by poison, 
or by lying in wait, or in the perpetration, or attempt to perpe- 
trate, any one of the felonies of arson, rape, robbery, or burglary. 
Was the killing, then, wilful, deliberate, and premeditated? Or, 
in other words, the vital question is, did the prisoner give the 
mortal blow with an intent to take life? If, beyond a reasonable 
doubt, this intent is apparent from the evidence, then the crime 
is murder of the first degree. If, on the contrary, it is not clearly 
apparent that the intent to take life existed, or if, after the closest 
analysis of the evidence, the mind of a reasonable man remains 
in doubt, there should be no conviction of a higher offence than 
murder in the second degree. 

Having thus endeavored to simplify the case in hand by con- 
centrating our attention upon the exact issue involved, we are 
next to bear in mind that the presumptions of the law are with 
the prisoner, and not against him. A man charged with the 
crime of murder is presumed to be innocent of that crime. When 
this presumption is overcome, and it is made clear from the evi- 
dence that murder has been committed by the prisoner, the pre- 
sumption remains that the crime is murder of the second degree, 
and not of the first. The effect of these presumptions is to 
require, at the hands of the Commonwealth, not only satisfactory 
proof of a felonious and malicious homicide by the defendant, but 
also of a wilful, deliberate, and premeditated intent on his part 
to take human life. This intent may, however, be established in 
more ways than one. Men bent upon crime seldom declare their 



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Commonwealth v. Gotofski. 203 

purpose. Their actions, and the circumstances under which they 
act. often speak for them. The Commonwealth, therefore, may 
invoke the aid of acts and circumstances, as well as of distinct 
declarations. The former relations of the parties; the existence 
of latent anger; the character of the weapon; the location of the 
wound; the conduct of the accused party before and after the 
homicide — these, and many other such things as these, may 
furnish the methods of overcoming the presumptions which the 
law raises in favor of innocence, or in mitigation of guilt. 

In the present case, after a careful and conscientious review of 
all the evidence, the question of the degree of the murder seems 
to us to turn entirely on the intent with which the blow was 
given. That it was a brutal and cowardly blow cannot be 
doubted. But was it inflicted with a defined and specific intent 
to take life? Did the prisoner, after receiving a blow on the 
mouth from the deceased, leave the saloon with the deliberate 
purpose to procure a weapon likely to take life, and, after obtain- 
ing it, return to the saloon, renew the quarrel, and inflict the 
wound, with the wilful and premeditated design to kill the man 
who had insulted and injured him? The weapon was a screw- 
driver, small in size, and said to be of a kind and pattern adapted 
to the purpose of adjusting the apparatus of sewing machines. 
Where or when the prisoner possessed himself of it is not shown. 
That he procured it after the quarrel at the saloon, and during 
the interval between the first and second meeting with the 
deceased, rests in theory merely, and not in proof There had 
been no difficulty, not so far as is shown, any acquaintance or 
intimacy between the parties at any time. The only threat made 
by the defendant was, to the effect, that he would prosecute the 
deceased, and there is some evidence that he went from the 
saloon to the office of a magistrate for that purpose. The loca- 
tion of the wound inflicted upon the side of the head seems to 
point rather to accident, than to a well defined intent to take life 
by reaching a vital part. The character of the prisoner up to 
the time of the homicide is shown, by a number of witnesses, to 
have been that of an orderly, quiet, and inoffensive workingman- 

The Commonwealth has been faithfully and ably represented 
by her counsel, and has undoubtedly presented the case as 



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204 Calvin Wadhams. 

strongly against the prisoner as was possible. We have carefully 
considered the testimony, and the views of the law presented by 
the learned counsel for the prisoner and for the Commonwealth. 
While we are clearly of the opinion that the crime is that of a 
felonious and malicious homicide, and therefore murder, we deem 
it our duty to hold that it is murder of the second degree only. 
We, therefore, determe the degree of the crime of which the 
prisoner is convicted by confession to be that of murder of the 
second degree. 

A. Darte, Jr., and Geo. B. Kulp. Esqs.. for Commonwealth. 
Hon. Garrick M. Harding, for defendant. 



CALVIN WADHAMS.* 

Calvin Wadhams, a member of the bar of Luzerne county, 
died at his summer residence, Harvey's Lake, July 20, 1883. He 
had been feeling particularly well, and left his cottage about 8 
A. M., in company with his wife and son, with the intention of 
driving to the Hollenback Cemetery, in this city, and placing 
flowers on the graves of his dead children, it being their custom 
to make such visit on each recurring birthday anniversary. Fri- 
day was the twenty-first birthday of his eldest child, Mary Catlin, 
the corner-stone of Memorial Church having been laid on the 
tenth anniversary, July 20, 1872, and it was on this day that he 
was suddenly called to yeild up his life. After the carriage had 
proceeded two miles, Mr. Wadhams said he felt ill, and as he had 
omitted his usual morning walk, ascribed his indisposition to this 
cause. He desired to get out at the Ross farm house and exer- 
cise a few minutes, and made the attempt to do so, but found he 
could not walk. A return was mads to the cottage and physi- 
cians summoned by wire. Mr. Wadhams was conveyed to his 
bed, and it was found that his left side was completely paralyzed. 
The right side, the seat of the original attack, was unimpaired. 



* For biography, see 12 Luz. Leg. Reg. 63. 



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Calvin Wadhams. 20J 



For an hour the sick man was able to converse, and fully realized 
what had occurred, but he soon lost the power of speech, and 
remained in a semi-conscious condition until his death, which 
occurred at 9.30 in the evening. 

Memorial Church was suitably draped in black last Sabbath, 
and at the morning service Rev. W. H. Swift preached a sermon 
suitable to the occasion, his text being, "Therefore let us not 
sleep as do others." I. Thess. v., 6. In the course of his remarks 
the pastor spoke as follows : 

It becomes my duty this morning to announce the death of 
one whose name was first on our roll of membership — Calvin 
Wadhams This church wears the symbol of death to-day out 
of regard for, and appreciation of, the crowning act of his life — 
the erection of this house of worship as a memorial to the three 
children whom God, in infinite wisdom, took from him. Long 
after his excellencies and faults shall have been forgotten, the 
name will be perpetuated here. When his peculiarities shall be 
no more remembered, the large-hearted, generous, Christian im- 
pulse that blossomed into this temple of God will be recognized, 
and will be cherished so long as stone and bronze endure. This 
church is his monument. There is something almost poetic, to 
my mind, in his being taken away when he was. Some of us, 
who have been connected with this church from the beginning, 
will recall our impatience with him because of the seeming need- 
less delay in completing the building. He had his reasons for 
delay, and these reasons became apparent. The church was 
dedicated to the worship of God upon the birthday of one of his 
children; the pastor was ordained and installed upon the birthday 
of another, and the corner-stone laid upon the birthday of his 
oldest child. Last Friday was the anniversary of her birth, and 
on that day he died. He was on his way to the cemetery to lay 
upon the graves of his children his tribute of affection, when God 
called h^im home. He was a lonely man, as you all know. He 
never outgrew his sense of loss sustained in the death of his 
children, and, I doubt not. the warm welcome those sainted chil- 
dren gave him last Friday night made his heart bound with the 
throbs of immortal youth. May he rest in peace! 

BAR MEETING. 

The members of the Luzerne county bar convened on Monday, 
July 23, 1883, to take action regarding the death of the late 
Calvin Wadhams, Esq. The meeting organized by appointing 



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2o6 Calvin Wadhams. 



Hon. Charles E. Rice, Chairman, and Geo. B. Kulp, Secretar)'. 
Judge Rice, on taking the chair, spoke as follows: 

The bar has met to express their appreciation of the life and 
character of their departed brother, Calvin Wadhams. This was 
no idle or formal ceremony. In honoring and preserving his 
memory they did honor to the profession to which they belonged. 
He was a man of marked individuality, but that which in after 
years would give his individuality a glorious distinction was the 
fact that in all his purposes he was unselfish. This was shown 
not only in the crowning act of his life, but in numberless acts of 
kindness known only to the individual recipient. If on the 
morrow, when his lifeless body should be laid in the grave, each 
one to whom he, in his prosperity, gave help should bring but a 
single blossom, it would be covered with a multitude of flowers. 
So long as gratitude should remain a living virtue, the memory 
of Calvin Wadhams would rest secure. 

S. J. Strauss, Esq., said : 

As a citizen of Wilkes-Barre since my birth, as a member of 
the bar, as one who for the last few months have been a neighbor 
of Mr. Wadhams, I feel it a duty to speak a few words of eulogy 
on this occasion, and indeed it is a pleasure to feel that eulogy is 
well merited. It is only within the past six or eight years that I 
have had an opportunity to learn his character, and I am free to 
say that for a long time, in common with many others who knew 
him, I misunderstood the man. Judging him by what he did 
within the view of men during these years, judging him by the 
many facts of his history familiar to all- of us, the conviction 
forces itself deeply upon me that his motives were good, his 
strivings were noble, his life was earnest, his heart was sincere. 
He may have been mistaken in his judgment, but his aspirations 
were right. In fact, perhaps this particular weakness, that he 
sometimes overestimated his own business capacity, was the one 
failing in his character. I know of no other. Born and bred in 
affluence; having for many years, in fact until after he had passed 
the prime of life, had all that heart could wish ; his every want 
satisfied by simply stretching forth his hand, he was destined to 
see his fortune swept away and his brighest hopes blotted out. 
But he did not go down before the whirlwind. From that period 
we see him a toilsome, indefatigable worker. He labored then 
with the zeal of an earnest law student. What a lawyer who has 
been in practice only a few years has already come to regard as 
drudgery (for the searching of records and attending those details 
which must be done about this court house are drudgery), he did 



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Calvin Wadhams. 207 



hour after hour and day after day. He worked, too, under adverse 
circumstances and physical defects. And yet, with it all, he was 
constant and cheerful — the possessor of a disposition that could 
accommodate itself to misfortunes and trials without useless 
complaint or worry. He spent no time in relating his troubles, 
or wearying one with regrets, but seemed always to be happy in 
the present. This one trait in his character is well worthy of our 
emulation. It is not difficult to stand upright and labor hard 
when we have never known another condition. It is not difficult 
to stand upright and do our duty when all our plans meet with 
success, and results encourage us to continue our work. But it 
is difficult to stand upright and be men when, accustomed to 
ease, if not to luxury, after the prime of life, all our experiences 
are reversed, and we need to resume the anxious toil that we have 
long given over. And Calvin Wadhams did this difficult thing. 

Hon. Harry Hakes said: 

Death is sometimes (with doubtful propriety) called a thief, for 
first or last he calls for all, though he takes us one by one. And 
now again he seizes from us a brother; nor does it signify whether 
it is the wisest, the oldest, the greatest, or the youngest, and him 
of modest pretensions; it has to those who are for the time 
spared the same portentious significance, the same unwelcome 
solemnity. We have a custom on these occasions to review, and, 
in a general* way, speak of, the professional character of a departed 
brother. This is about all we may properly do. The high pre- 
rogative to give judgment on the total character of our departed 
fellow-men is not delegated to us. In any given case the prob- 
lem is too complicated for the human mind or understanding; 
the motives, the secret springs of action, are too mysterious for 
us to comprehend or justly estimate. God alone, the supreme 
author, the everlasting judge, can pronounce that judgment which 
is absolutely just and irrevocable. Yet, in a brotherly manner, 
in modesty and charity, we may compare ourselves, one with 
another, to the profit of the living, and without injustice to the 
dead. I was so little acquainted with Mr. Wadhams that I quite 
hesitate to attempt to mete to his memory its proper merit. In 
his profession, he was an industrious laborer, not despising its 
drudgery, honest and conscientious in his relations to his clients, 
his brethren of the bar, and the court. One visible, tangible, 
crowning act of his life was the erection, at his own cost, of 
Memorial Church. Prompted as it was by the tenderest feeling 
that can possess the heart, by the keenest affliction at the disposal 
of an overruling Providence, he has erected a monument that 
emphasizes its heavenly pointing, the way of life and light, to the 



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2o8 Calvin Wadhams. 

generations that now are and to those following, in the ages when 
we may fear that most of us will be forgotten. 

Allan H. Dickson, Esq., said: 

It is with great reluctance that I arise here to-day, for the story 
of Calvin Wadhams' life is too pathetic to be told in words. It 
touches chords that vibrate harmoniously only in solitude. A 
Quaker meeting, described by Charles Lamb as *'a coming to- 
gether for the purpose of more complete abstracted solitude," if 
it were possible here, would best impress the lesson of the mys- 
teries of his life upon all who knew him, and could sympathize 
with his misfortunes. **For a man to refrain even from good 
words, and to hold his peace, it is commendable, but for a multi- 
tude, it is great mastery." But, in accordance with the prevalent 
custom among us, I will add my mite of testimony. I never 
knew "Cal," as he was familiarly called, except as a passing 
acquaintance, until within the last six months, when fate had 
already done her worst upon him. Since then I think I grew to 
understand the open secret of his life. The remark of Solon to 
Croesus, that "no man should be called happy until his death," 
applies strongly to Calvin Wadhams. For a brief, comparatively 
very brief, period he was apparently happy. He was at least 
excited and enthusiastic. He had health, wealth, and children. 
Within a few weeks of each the children were taken away. Soon 
his fortune disappeared, and paralysis came to filf the cup of 
bitterness to the full. I think he was largely misunderstood, 
even by many who had an opportunity of knowing him well. 
His extreme near-sightedness was a type of his failings. These 
were manifest external. His virtues were internal, innate and 
apparent on closer acquaintance. There is an undoubted tendency 
in mankind, in spite of reason and experience, to associate moral 
or mental deficiencies with a physical deformity. We look at 
one man and say, "What a fine, open, generous countenance. 
He could be trusted anywhere." Yet he may prove to be a most 
plausible villian — selfish, deceitful, and treacherous. We look 
at another, and — well, I guess it is part of our early education, 
our children's story books having shown us clearly, at an im- 
pressible age, that all villains are murderous looking, and all good 
people are handsome, bright eyed, well formed, and with smiling 
faces. And so " Cal " had the misfortune among us unreasonable 
mortals to have a prima facie case always made out against him — 
a judgment 'entered, as it were, for want of appearance — ^and he 
was obliged, in each case, to take a rule to show cause why it 
should not be set aside, and put it down for consideration after a 
more intimate acquaintance with the facts had been obtained. 



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Calvin Wadhams. 209 



Undoubtedly he had some faults, some failings. But why should 
they be mentioned? Such as they were, they were temporary, 
evanescent, venial. The continuous, fixed bent and purpose of 
his life was unselfish, generous, and brave. No man in the long 
list of noble dead who, gone out from among us to the majority, 
ever more truly pitied the poor in his suffering, or the sorrowful 
in his desolation, than did Calvin Wadhams. It was a pity 
which touched the pocket nerve, and brought tears from deep 
springs of sympathy. Of his last years, it is almost impossible 
to speak. While in his prosperity he had many critics and some 
enemies, in his great adversity he was beloved of all. He was 
energetic to the last. Always willing to work, he almost pas- 
sionately desired to make a livelihood. He thought little of 
himself. True, he kept the memory of his departed children 
green through all the changing seasons of the year. He lived 
to see the day when, in his poverty, his sickness, and his misfor- 
tunes, he was glad the three little ones were gone, and very glad 
he was soon going to meet them. I think I never knew a man 
to "suffer the stings and arrows of outrageous fortune" with a 
more noble patience and courage. Death had no sorrow to him 
equivalent to life. And now he is at rest. He has gone to a 
place where, although his failings are known, his virtues will be 
rewarded. Long after his body shall have moulded into dust, 
the story of his sorrows will be told, and the church upon the 
hill will point with its spire beyond the stars a thing of beauty 
and a joy forever to generations yet unborn. 

Messrs. E. H. Chase, R. C. Shoemaker, Allan H. Dickson, N. 
Taylor, and William S. McLean were appointed a committee on 
resolutions. They reported as follows: 

The bar of Luzerne county condole with the family and kin- 
dred of Calvin Wadhams upon his sudden demise, and desire to 
express their appreciation of the loss which his unexpected death 
has brought to them. Calvin Wadhams was born in Plymouth, 
Luzerne county, on the 14th of December, 1833. His ancestors 
were among the earlier settlers of the county, and have been 
continuously numbered in the list of its most active and success- 
ful citizens. Young Wadhams, inheriting the studious predilec- 
tions which marked the career of his great-grandfather, prepared 
for college at Wyoming Seminary. He graduated from Princeton 
College in the class of 1854, the one hundredth anniversary of 
his great-grandsire's graduation. He entered the law oflRce of 
Hon. L. D. Shoemaker, and was admitted to the bar on the 6th 
of April, 1857. Early called to manage his portion of the large 



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210 Calvin Wadhams. 



estate at the death of his father, he was withdrawn from active 
general practice in the courts, but he retained his acquaintance 
with the details of his profession, and upon return to its practice 
he displayed the impulsive activity which characterized the trans- 
actions of his enormous private business. Although disaster 
rapidly followed misfortune in the last decade of his life, he 
refused to succumb in spirit, and to the very last preserved the 
brave amiability which had always been a pronounced trait of 
his character. He signalized this unselfish resistance of spirit 
by the magnificent Memorial Church monument to the memory 
of his lost children, which, in conception, design, and execution, 
will remain the perpetual reminder and memento of our late 
companion and associate. 

Resolved, That in token of their respect and esteem the mem- 
bers of the bar will attend his funeral in a body, with the usual 
badge of mourning. 

Resolved, That the proceedings of the bar meeting be entered 
upon the court records, and a copy be delivered to the family of 
the deceased. 

Alexander Farnham, Esq., said: 

In moving the adoption of the resolutions that have just been 
read, I desire, at the same time, to give utterance to a few of the 
thoughts that are stirred up within me by the death of Calvin 
Wadhams. It is well for us to bear in mind the real object of a 
meeting like this. There is no profession, perhaps, wherein t