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special verdict, from which it appears regulated by them so as to do justice that the defendant has agreed to pur- and secure the rights of the remainderchase certain land therein described, men, Watson's Estate, 241 Pa. 271. from the plaintiff, she to convey to him We are therefore of opinion that the a good and marketable title in fee plaintiff had power to make the agreesimple, and that he has refused to carry ment sued upon, and that her deed will out the purchase, alleging that she does pass a good and marketable title in fee not have such title. It is admitted that simple and that she is therefore entitled David Gelb, the deceased husband of the to recover the purchase money agreed plaintiff, had a good and marketable title upon. It is therefore ordered that judgat the time of his death, which occurred ment be entered for the plaintiff and in April, 1913, and that the land is not against the, defendant in the sum of subject to the lien of any unsecured debt forty-five hundred ($4,500) dollars, with of his or any other incumbrance. David | interest from June 10, 1914. Gelb left a will, which was duly probated, by which he gave and devised to his wife, the plaintiff, all his estate, real, personal Quarter Sessions. and mixed for and during her life, “ with privilege to dispose of any or all of the real estate if she chooses.” The will then provides that after his wife's death

Commonwealth v. Pearce. her trustees shall within one year reduce

V'eterinary practitioners - Definition, his estate to money and pay certain sums

Offence is entering upon the practice to his grandchildren. It is plain from

-Statute of limitationsAct of May the whole tenor of the will that the testa

16, 1895. tor does not intend his wife to have more than a life estate in the property given Filing and cutting the teeth of horses with to her, and she cannot therefore convey

instruments used by veterinary surgeons conthe land as owner of the fee. She does May 16, 1895, P. L. 79:

stitutes veterinary surgery within the Act of not, however, as appears by the article The offence prohibited by the Act of May of agreement with the defendant, claim | 16, 1895, P. L. 79, is “entering upon the prac

withto do so, but claims to make the sale in tice of veterinary medicine or surgery execution of a power of sale given her ticing of veterinary medicine or surgery. An

out compliance with the act, and not the pracby the will. The only question, there- | indictment cannot be found more than two fore, is whether the words with privi- years after the defendant entered upon such lege to dispose of the real estate "gives practice. her power to sell it. We are of opinion

Motion in arrest of judgment and for that to give effect to these words the will must be interpreted as giving her uary Sessions, 1911, No. 99.

a new trial. Q. S. of Dauphin Co. Janthe power

of sale in fee. If they were to apply only to her life estate they would John For Weiss and Ruby R. Vale, be entirely unmeaning. We are of for Commonwealth. opinion that the testator intended that his wife should have in her possession

For & Geyer and C. Berntheisel, for

defendant. and care during her lifetime all his property, and that she might turn the real

May 4, 1914. Opinion by KUNKEL, estate into money if she so desired, and

P. J. that then whatever was left at her death should go as directed by the other clauses The defendant was convicted of havof his will. As to whether the plaintiff ing entered upon the practice of veterihas power to expend more than the in- nary medicine and surgery without first come of the property, it is a matter with having complied with the Act of May which we are not here concerned. That 16, 1895, P. L. 79, and without having is a matter which is within the jurisdic- had a license duly granted to him, as tion of the Orphans' Court and can be provided in the act. A motion is now

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made in arrest of judgment and for a , by the evidence constituted veterinary new trial, on the ground that the acts surgery. done by him did not constitute the prac- 2. The defendant was engaged in the tice of veterinary medicine and surgery practice of veterinary dentistry or surwithin the meaning of the statute, and gery more than two years prior to tne that, as he had been engaged in doing time the indictment was found, and for the acts for more than two years prior this reason it is contended that it canto March 22, 1911, when the indictment not be said that he entere l upon the was found, the statutory penalty cannot | practice of veterinary me icine a .d surbe enforced against him.

gery after that time. The language of 1. The evii'ence showed that the de- the Act of Vay 16, 1895, P. L. 79, is: fendant had advertised himself as a doc- " From and after the first Monday in tor of veterinary dentistry and was prac- September, 1895, no person shall enter ticing veterinary medicine and surgery upon the practice of veterinary me licine in the year 1900, and that during the and surgery in the State of Pennsyltime covered by the indictment he was vania,” etc. This contention amounts to engaged in dressing the teeth of horses a plea of the statute of limitations, and in the County of Dauphin, his work con- involves the construction of the phrase, sisting in filing the teeth to sharp edges “enter upon the practice.” The Comand in cutting the projections therefrommonwealth asks us to construe it as which had not worn off by mastication, though it read,“ no person shall practice using for the purpose the same kind of veterinary medicine and surgery in the instruments and in the same manner as State of Pennsylvania after the time were used by veterinary surgeons. The stated." If the phrase were open to instruments which he used were construction, it would be our duty to so “tooth-rake,” which is a sharp instru- ! construe it as to effectuate the general ment on the order of a file, and is used purpose of the statute, which is to preby drawing it toward the operator for vent the unauthorized practice of veterithe purpose of cutting. Other instru- nary medicine and surgery. But the ments which he used were called toothphrase does not admit of construction. forceps, cutters, extractors and tooth ' It is ambiguous. It must be given its chisels. The defendant contends that popular meaning. To "enter upon the the acts thus proven did not amount to practice of surgery” means to begin to the practice of veterinary medicine and practice or to begin to engage in pracsurgery.

With this contention we can- tice in the common and ordinary acceptnot agree. Surgery is a branch of med- ance of the term, and the prohibition is ical science, and is the use of instru- | against entering upon the practice and ments and appliances upon the body for the offence is the entering upon the the purpose of cure. The instruments practice, and is so charged in the indictmay be used upon any part of the body, ment. We have no warrant to construe and may be characterized as a particular the phrase so as to extend the prohibikind of surgery, dependent upon the part tion and to enlarge the offence. If the of the body upon which they are used. legislature had intended to make the The use of instruments upon the teeth of offence that of practicing veterinary a human being for remedial purposes is ' medicine and surgery, apt words could understood to be dental surgery, and is readily have been used; but they were so designated, and if the instruments be not used, and we are not at liberty to used for such purpose upon the teeth incorporate into the legislation that and mouths of horses, it is veterinary 'which the legislature has not seen fit to surgery. The phrase used in the statute do. Manifestly the legislature assumed is veterinary medicine and surgery, and that all persons who should enter upon is broad enough to include every branch the practice of veterinary medicine and of veterinary medicine or surgery, how- surgery after the time fixed without the soever it may be particularized. We required registration and license would think the acts of the defendant as shown be covered by the language used, and

that thus the purpose of the statute President--W. U. Hensel.
would be accomplished. The penalty is Vice-president-W. F. Beyer.
enforceable against all such persons, Treasurer-D. McMullen.
provided the prosecution is broaght Secretary-John W. Appel.
within the time limited by law in such Committee of Censors-
cases. If the prohibition of the statute W. N. Appel,
is not broad enough to completely ac-

John E. Malone, complish the end desired, the remedy is W. H. Keller, with the legislature alone, which may

Redmond Conyngham, extend it by amendment. We are not Geo. Ross Eshleman. prepared to give a meaning to the prase in question other than that which com- Legal Status of Mechanical Vehicles on mon usage recognizes : Endlich on In- Highways; Rights of Foot Pasterpretation of Statutes, sec. 6.

sengers on Highway. It is suggested by the Commonwealth

Good roads are always evidences of that what the defendant dit two years prior to the finding of the indictment did high civilization, states Hon. Burton W.

Potter, of the Worcester (Mass.) Bar, not constitute entering upon the practice, in the July Case and Comment, and with With equal reason may the same be said of that which he did during the time good roads we may always look for con

venient and artistic methods of travel. covered by the indictment, for his acts were substantially the same during both Votor cycles, automobiles, and auto

trucks are now familiar objects on both perio 's of time.

The motion for a new trial and in the city and country roads. As they arrest of judgment is sustained and the of the machines on the highway becomes

come into general use, the legal status verdict aside and a new trial granted

an interesting and important question to their owners and the public at large.

There is very little statute or adjudicated Legal Miscellanp.

law bearing directly upon their use in our public streets and ways, but no doubt many of the well-established principles

of our road law are as applicable to them Bar Meeting

as to the ordinary road vehicle. Every The regular semi-annual meeting of new invention or discovery produces the Lancaster Bar Association was held changes in the law. The main principles in the large Court Room on Monday, from one generation to another; but new

of the law remain substantially the same December 14, 1914.

In the absence of the President the applications and modifications of those lice-president, W. F. Beyer, Esq., took principles are constantly necessitated by the chair.

new inventions and discoveries in the

mechanic arts which change the habits The Committees on Court House Im- and modes of life of the people. If they provements and Portraits reported no

are treated in law the same as ordinary action and were continued.

road vehicles now known to the law, The Board of Censors reported noth- then their use is already regulated by the ing before them.

customs and usages of generations past, The Treasurer, Hon. D. McMullen, and the principles of law applicable to reported the same balance as last year. them have been settled by the decisions

John A. Vauman, Esq., chairman of of the highest courts of the world. the reception committee to Chief Justice A public thoroughfare is a way for Brown, reported that a reception would foot passengers as well as carriages, and be given at the Hamilton Club on Janu- a person has a right to walk on the ary 8, 1914 from 7 to 10 o'clock p. m. carriage way if he pleases; but, as Chief

The following officers were elected for Justice Denman once remarked," he had the ensuing year:

better not, especially at night, when carriages are passing along." However, of the author has produced a work of all persons have an undoubted right to great completeness and accuracy of and walk on the beaten tracks of a road, if eminently practical value to the stuit has no sidewalk, even if infirm with dent and the practitioner. Many valuage or disease, and are entitled to the able observations and suggestions growexercise of reasonable care on the part ing out of the ripe experience of this of persons driving vehicles along it. If author will be found in this work which there is a sidewalk which is in bad con- are not embodied in any other. dition, or obstructed by merchandise or The principles of the law are set forth otherwise, then the foot passenger has by the author in clear and concentrated a right to walk on the road if he pleases. style sufficiently but not too profusely But it should be borne in mind that what fortified by foot-note citations and the is proper on a country road might not arrangement is logical and well adapted be in the crowded streets of a city. In for quick and easy reference. The book law every one is bound to regulate his is well made up and the type plain and conduct to meet the situations in which clear. he is placed and the circumstances around The appendix contains the Orphans' him at the time. A person infirm with Court Acts of 1832, 1833 and 1834 with age or disease, or afilicted with poor eye- the explanatory remarks of the Commissight, should always take extraordinary sioners, containing much matter of great precaution in walking upon the road. interest practically inaccessible to the Footmen have a right to cross a highway profession heretofore relating to the hison every proper occasion, but when con- tory and development of the Orphans' venient they should pass upon cross Court. walks, and in so doing should look out The work has peculiar merits of its for teams; for it is as much their duty, own and is well worth the support of on crossing a road, to look out for teams, the bar. as it is the duty of the drivers of teams to be vigilant in not running over them.

(). C. ADJUDICATIONS AND

OPINIONS
Book Notice.

By JUDGE SMITH.
ORPHANS' Court PRINCIPLES AND PRAC- Adjudications.

TICE IN PENNSYLVANIA. By William
G. Hawkins, Jr., late president judge Thursday, December 10, 1914.
of the Orphans' Court Allegheny Anna E. Fehl, City.
County. Edited by Richard H. Haw-
kins, Esq., of the Allegheny County Thursday, December 17, 1914.
Bar Indexed and published by Geo. Rachel M. Rynear, Bart Twp.
J. Campbell, Esq., 407-9 Grant street, Anna Widder, City.
Pittsburgh, Pa.
This work originally grew from an

Monday, December 21, 1914. Index Rerum kept by Judge Haw- John L. Breneman, Mt. Joy Boro. kins during his service on the bench Mary Allen Ellworth, Earl. from 1875 to 1913

at the time of his James Huber, City. death in 1913 was practically completed Olivia E. Hollinger, Penn. except the Index and cross references. John II. Hess, Warwick. This work has the advantage over

Christian Weaver, Warwick. other similar works of being founded on Harvey E. Hoover, E. Donegal. the actual experience of the author on the bench from the beginning of practice

Opinion : under the Constitution of 1873. This Estate of Frederick Goos. Rule to wide experience fortified by the keen remove administrator made absolute if judicial mind and unflagging industry i administrator refuses to sell real estate.

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66

nor

a motor

The 16th section of the Act of LANCASTER LAW REVIEW. July 7, 1913. P. L. 672, provides that

any person operating a motor vehicle Vol. XXXII.) FRIDAY, JAN. 1, 1915. (No. 9 when intoxicated shall be deemed guilty

of a misdemeanor, and upon conviction

thereof shall be subject to a fine of not Quarter Sessions.

less than one hundred dollars ($100),

more than three hundred dollars ($300), or imprisonment for not more

than one year, or both, at the discretion Commonwealth v. Rupp.

of the Court." The indictment alleges

that the defendant “ did operate a motor Indictment Amendment Operating vehicle when intoxicated.” We, there

motor vehicle when into.ricated-Act fore, are of the opinion that the charge, of July 7, 1913.

as thus set forth, is clearly within the

Act of Assembly, and that it is also fully An indictment may be amended to correct a mistake in the name of the defendant.

sustained by the complaint. It will A complaint charging that the defendant hardly be claimed that an automobile is did at a given time and place operate an not a motor vehicle. It would also seem automobile No. 78,266 while under the influence reasonable to conclude that, if a man of liquor in a reckless manner to sustain an indictment under the Act of is under the influence of liquor, he may July 7, 1913, P. L. 672 for operating

be deemed to be intoxicated. The fact vehicle when intoxicated."

that he is also alleged to have been reck

less does not in any way militate against Indictment for operating motor vehicle the real offense. This Act was enacted when intoxicated. Plea in abatement.

to aid in the protection of those who use Motion to quash indictment. Q. S. of the roads and streets. It serves a public Lancaster Co., Vovember Sessions 1914. benefit, and it should be given full force No. 46.

and effect.

We think the indictment is correct in S. R. Zimmerman, for motion.

form, and we now dismiss the motion to John 11. Groff, District Attorney and quash.

Motion dismissed.
S. '. Hosterman, contra.
December 26,

1914. Cpinion by LANDIS, P. J.

Commonwealth v. Hartman. It is correctly contended on the part of the Commonwealth that, as the objection Costs-Felony-Receiving stolen goods. to the indictment as claimed by the de

The grand jury has no right to impose the fendant consists merely of a mistake in costs on the prosecutor in ignoring an inthe true name of the defendant, this can dictment for receiving stolen goods. be remedied by amendment. Upon ap

The Act of May 25, 1897 P. L. 89 is the plication, the Court will order the in- only Act giving the grand jury the right of

disposition over the costs in case of felony dictment amended so as to read P. Bard

and it does not cover the offense of receiving Rupp instead of P. Barton Rupp. The stolen goods. plea is abatement is, for this reason, overruled.

Indictment for receiving stolen goods. The motion to quash asserts that the Rule to set aside finding of Grand Jury complaint does not set forth an indict- imposing costs on Henry Cantor proseable offense. The charge contained cutor. Q. S. of Lancaster Co., Septemtherein is “ that P. Barton Rupp did, on

ber Sessions 1914, No. 83. or about the ist of Sept., A. D. 1914,

Willis G. Kendig, for rule. in the City of Lancaster, operate an automobile No. 78,266, while under the in- John J. Groff, District Attorney, fluence of liquor and in a reckless man- contra.

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