Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 44)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1864. Excerpt: ... Phillips v. The Commonwealth. security for the performance of a duty before imposed. The supervisor is no longer indictable for failure to repair, for the provisions of the act relieve him from the duty. Both at common law then and under the statute the defendant was indictable. It would be a very strained construction of the act were we to hold that it was not one of its provisions that a contractor should repair the roads when all its requirements look to that and nothing else. The second exception rests upon the assumption that the Act of 1860 is a private act, and that therefore it should have been fully recited in the indictment. This exception was not made until after the verdict, though our act relating to criminal procedure requires all formal defects in indictments to be objected before the jury is sworn. The indictment in this case does refer to the Act of 1860, and avers the defendant's duty under it. The fault in the indictment, if any, was therefore merely formal. We do not feel the force of the suggestion that the Act of 1860 is unconstitutional. Whatever may be said in favour of the policy of an uniform road system throughout the commonwealth, we know of nothing in the constitution which prevents the legislature from imposing the ministerial duty of repairing roads, upon one class of persons in one locality, and upon a different class in another. The liability to indictment follows from the breach of the public duty. The judgment of the Court of Quarter Sessions is affirmed, with costs. Reed versus Lukens. Insurance Monet/ for loss by Fire occurring after Contract for Sale of Property insured, belongs to the Vendee. 1. After a contract for the sale of real estate duly executed, the purchaser is the equitable owner thereof, entitled to all a...