than mere hardship is necessary to jus- sistant director of the Legislative Refertify an extension of time, or its equiva-ence Bureau, will result in a copy being lent, an allowance of the act nunc pro sent to anyone. tunc: Ward v. Letzkus, 152 Pa., 318. But where in due and regular course the case comes before the court for its action, whether interlocutory or final, the court has an inherent and necessary power to stay all proceedings, including the running of the statutory period of appeal, while the matter is resting sub judice. Otherwise, no motion could be made, or relief in any form asked, with- | out risk that time occupied by the court | in necessary deliberation, or in more urgent business, might deprive the party of his rights without fault of his own and without remedy." The rule to quash the petition requires but slight discussion. We shall refer to one only of the reasons assigned by counsel for respondent. It is that the petition does not allege "that the election was undue or illegal." It is not necessary that the petition should contain such an averment in express terms. The act of assembly provides that the petition shall concisely set forth the cause of complaint, showing "wherein it is claimed that the election is undue or illegal." It has been decided in several cases that a petition is sufficient if it sets forth such charges and averments of fact as, if sustained by proof, would change the result of the election, or avers facts which, prima facie, show the election to be illegal or the return false. The rule to dismiss the petition and the rule to quash are both discharged. Tegal Miscellany. Corporation Laws Codified. STATE LEGISLATIVE REFERENCE BUREAU Generally speaking, the corporation code follows in its arrangement the codifications of taxation laws and borough laws issued in August and October, respectively. These three codes are all which the Bureau planned to have ready for the approaching Legislature. codifications of other branches of the law will probably be made for future legislatures. This latest code is the first attempt made to assemble corporation laws in one act since the general corporation act of 1874, passed immediately after the present constitution became effective. Criticism of the corporation code is invited, as was the case with the taxation and borough codes. Valuable suggestions have been made for the two lastnamed codes. The amended taxation code is about to go to the printer for a final printing, and the amended borough code will be finished early in December. None of the codes establishes any new laws. They are simply systematic, logical and convenient arrangements of the laws as they now exist, paralleling the school code of 1911 except that the school code actually established new regulations. Indemnifying Inhabitants of Invaded It would seem natural," says the Journal des Debats, "that the nation as a whole should bear whatever burden there is to be borne, and yet there is no actual law to that effect. The result of this after the war of 1870, as well as after the invasions of 1814 and 1815, was that the state only partially intervened, from sheer generosity, and many towns and communes are still burdened with debts incurred after the FrancoPrussian war. "Since then, however, the principle of the non-liability of the state has tended All of Pennsylvania's existing general to disappear more and more from modern laws affecting business corporations have jurisprudence, and this fact should cerbeen compiled into a code by the Legis-tainly have some bearing on the question lative Reference Bureau of the state gov-under discussion. ernment, and this code is now available "Moreover, the ratification of the in pamphlet form, free of charge. A re- articles relative to warfare, drawn up by quest addressed to James McKirdy, as- the Hague conference, has introduced a new factor, which has greatly modified the state of affairs since 1870. Article 3 of the convention of 1907 reads: The belligerent who violates the aforesaid stipulations shall be held responsible for the indemnity, should the same be necessary. He shall be responsible for all acts committed by those composing his armed force.' "The various acts which would constitute a violation of the stipulations are numerous, but are all comprised under the heading of any act harmful to the enemy, which could not be justified by the necessities of war. It therefore be hooves every nation who is a party to the Hague Convention to see that both its troops and citizens are thoroughly conversant with the stipulations agreed upon therein. "In France the minister for foreign affairs gave the necessary instructions to the navy and later on to the army; whilst on June 5, 1914, the minister for the interior made a proposal with reference to the reparation of damage resulting from war, which, however, did not have time to become law. "It may, nevertheless, form a useful basis for the adjustment which will have to be made upon the conclusion of peace, seeing that it proposed that those who sustained losses, whether individuals of bodies, should be indemnified by the state of France, provided that their claim be preferred before the conclusion of peace. Further, that the same rule should hold good for those upon whom an invading army or a military occupation may have levied requisitions in kind, and for departments, communes and other bodies subjected to contributions of war other than those levied by way of penalty, or destined to serve for the administrations, by the enemy, of the territory occupied by the latter.' C. P. OPINION. By JUDGE HASSLER. Saturday, November 14, 1914. Bayuk Bros. Co. v. Henry Heymann's Sons (Inc.) Preliminary injunction continued until final hearing. Estate of Catharine Sheaffer, deceased. Citation refused and rule dismissed at cost of petitioner. Adjudication: Thursday, November 12, 1914. Dr. S. T. Davis, City. Thursday, November 19, 1914. Ida Myers, city. Isaac N. McLaughlin, Salisbury. William, Annie and Sarah Kahl, city. Jerries De Long, East Drumore. Wednesday, November 25, 1914. Maria L. Forry, Manheim Township. Abraham Roop, Colerain. Leopold Wickenheiser, Elizabethtown. be sold clear of his mortgage liens and LANCASTER LAW REVIEW. he look to the proceeds for his money. VOL. XXXII.] FRIDAY, DEC. 4, 1914. Orphans' Court. Proclamation of this agreement was [No. 5 made before the real estate was offered for sale. It was recognized by those familiar with the disposition of possible purchasers that this was the only way in which the properties could be sold, or at least sold for a fair price. On the petition of the administratrix the Court ordered real estate of the decedent to be sold for the payment of his debts. Two mortgages, which were first liens, amounting without interest to $900.00, were improperly scheduled with the debts, but as the inventory amounts to only $15.00 and the debts exclusive of these mortgages to $2138.14 there was ample reason why an order should issue. While these mortgage debts should not have been included (Penn Square Building Association's Appeal, 811⁄2 Pa. 330), nevertheless the fact that they were would naturally lead on with no technical knowledge of the law to believe that it was the intention to sell the real estate free of them, particularly as it apparently had the sanction of the Court. Reference is made to this only for the purpose of pointing to the influence the scheduling of these mortgages likely had. Attention. being thus directed, B. F. Davis, Esq., the mortgagee, entered into an agreement with the administratrix through her counsel by which the real estate could The administratrix paid Mr. Davis $720.00 and $425.00 on account of his mortgages and took credit for the same in her account. To these credits exception is taken. William S. Hoerner, Esq., the exceptant, may have no interest in the estate. He claims to have a standing because he lent Albert Usterwood $800.00 which he secured by a mortgage which is a lien on a property which he bought at the sale and for which he paid $1000.00. As collateral security Usterwood transferred to him certain judgments one of which will participate in this distribution. It does not appear that this mortgage is due or that it is not sufficiently secured by the realty. Mr. Davis was present when the proclamation was made, as was Usterwood and his counsel, who was counsel also for the administratrix,-and there is no insurmountable obstacle to its fulfillment. The agreement was fair and just; it was approved by all concerned and profitable of a first mortgage may be waived by to them. The preservation of the lien the mortgagee, and in this case that was done. McFadden's Assigned Estate, 191 Pa. 624; Harp Building & Loan Association, to use, v. Davis, 56 Superior Court 282. * * * Distribution was decreed accordingly. Common Pleas--Lan Wm. H. Smith v. Harris Cohen & Co. In a suit for the price of goods purchased an affidavit of defense which admits the purchase at the price named but avers a discount the balance, is sufficient as to the amount of of twelve per cent thereon and a tender of the discount. The plaintiff asserts, in his statement, that he sold to the defendants certain merchandise, consisting of hats, caps and straw goods, to the amount of $136.09, under certain terms, marked on the bills attached, to wit: 12 per cent. 10 days, 5 per cent. 30 days, 3 per cent. 60 days, net 90 days, and that no part of the claim has been paid. He, therefore, asks for judgment for that amount, with interest. In the affidavit of defense, the defendants admit that they purchased the merchandise, and they do not dispute the price. They claim there was to be a discount of 12 per cent., or $16.33, and that they tendered the balance, but the plaintiff refused to accept it as a payment in full. In the supplemental affidavit of defense, they also aver that the copy of the account does not correctly show the terms of sale, as the 12 per cent. discount was to be allowed whenever the defendant firm paid for the goods. It is conceded that the bill yet remains due. The amount admitted by the defendants is $119.76. That judgment must be entered for this sum and interest can and another lot of names which were handed in to the assessor and returned separately to the commissioners but inserted by them in the registry list in one place without alphabetical separation. "Laws affecting the right of franchise are more important than those affecting property rights; the latter are of a personal character while the former are of a public nature, and their violation may reach and affect not only the property but the political and social rights of every man." Proceedings to purge and correct registry list of false and fraudulent registrations. C. P. of Fayette Co. December Term, 1914, No. 181. E. C. Higbee, of Sterling, Higbee & Matthews, for petitioner. W. J. Sturgis, of Reppert, Sturgis & Morrow, contra. October 15, 1914. Opinion and order by UMBEL, P. J. 1. The respondent, Virgil C. Hess, is the Assistant Assessor of Redstone Township election precinct No. I, and as such made return September 4, 1914, of his Registry List to the County Commissioners, and while in several particulars his return was not complete, it far as his work was concerned, we bewas so nearly so as the average, and, so lieve and find as a fact it was fair and honest. 2. His return contains a number of names that legally are false and fraudulent and must be stricken off. Re not be questioned. Under the supple-garding one lot of names, the Assistant mental affidavit, there may be a defense to $16.33, but certainly to no more. The rule is, therefore, made absolute, and judgment is now entered against the defendants for $124.22, with leave to proceed for the balance of the claim. Assessor testifies, and he is not contra dicted, that Mr. Krepps, the township Assessor, came to him and said the the Assistant Assessor's book to assist County Commissioners told him to get him in his work, and when he returned it said, "There are some names in there, copy them in," and the Assistant Assessor supposed when the County Commissioners told him to get it, it was all right, and he accordingly copied them in his return, but as a proper and honest precaution he identifies each name with the letter K to indicate it was furnished by Mr. Krepps, and the men whose names are so entered did not make personal application to Mr. Hess to have their names entered on the Registry List. There are sixty-nine (69) such names on the Registry List, and we cannot conclude otherwise than that they are there without authority of law, and are therefore false and fraudulent and must be stricken off. If any of them are legal | voters, upon such fact being established according to the provisions of the Act of May 6, 1899, P. L. 254, they will have no difficulty in securing their rights, and the inconvenience to which they may be put in that regard is the result of their own negligence in not attending to having themselves properly registered according to law, and is their own fault. 3. The aforesaid Mr. Krepps, Township Assessor, handed Mr. Hess, the respondent, another list, typewritten, of two hundred fifty-one (251) names, with the remark, There are more names." Mr. Hess, exercising proper and honest caution, did not place these in his Registry List book nor embody them in his return, but placed them in another and separate book, which he says had a back or binding on like the original Registry List book, and when he made his return he delivered such book containing the 251 names to the Commissioner's office and told them to take no account of it; he says he did not know what to do with it, did not intend it to be a part of his book at all, and says further that he called Mr. Powell, Chief Clerk, on the telephone and told him "not to take any account of that second book." some return, and the insert should be removed from the Registry List book and from the record of which it is not a part, and we will make such order, directing that the said 251 names shall not be included in the alphabetical list to be prepared by the County Commissioners for the election officers of said district. In order that the County Commissioners, their clerks and the people generally may be advised of the dangerous ground on which men are treading when they perpetrate such fraud as seems to have been attempted herein, and as would have been accomplished had said 251 names been included in the County Commissioners' said alphabetical list, we call attention to "Crimes and Penalties" hereinafter, under " Instructions and Directions to Assessors." In our opinion, clearly, under the testimony of Mr. Hess, if Mr. Powell, or any one else advised as Mr. Hess says Mr. Powell was, had included the said 251 names and made them a part of the Registry List of Redstone Township election precinct No. I for improper and fraudulent purpose and with such intent as would have been apparent had they been copied and included in the aforesaid alphabetical list, Mr. Powell or such other person or persons doing or procuring the same to be done, or being in anywise concerned concerned therein, whether County Commissioner, other public officer, including Mr. Krepps, clerk or private citizen, would be guilty of a misdeNotwithstanding and in spite of which meanor and subject to fine and imprisonthe back or binding of the book con-ment, and if a public officer, subject to taining the said 251 names was removed removal from office. and the pages or body of the said book containing such names is inserted and fastened in the original Registry List between the letters V and W-that is, all the names in the original Registry List beginning with A to V inclusive are in front of said insert, and all the names beginning with W to Z, inclusive, are back of said insert. The insert contains 251 names alphabetically arranged, beginning with every letter of the alphabet except Q, U, X and Z. These 251 names are not, and never have been, on the Registry List; they are no part of the Assistant Assessor's 4. A subpoena was issued for a large. number of witnesses-names appearing on the list attached to the petition-only a few of whom could be, or was, found. Of the fourteen witnesses called outside the respondent, twelve are not naturalized; one says he never lived at Smock, where he is registered as living, but lives at Perryopolis, several miles from Redstone Township No. 1; and the other, a foreigner, was not asked whether he was naturalized or not. In view of which it clearly appears to our satisfaction that Mr. Krepps tried to impose on the Assistant Assessor, and |