The New Bloomfield, Pa. times. (New Bloomfield, Pa.) 1877-188?, 1881-01-11

tne uelendent. VINO was sentenced In accord
with the usual custom In such cases and was
committed to jail. Barnett and Dist. Atty
Wallis for Com. sponsler and Sponser for
defendant.
Com. vs. s. P. Kern. This was a case against
Mr.. Kern on the charge of refusing transcript
while being Justice of the Peace In the bor-
ough of Blain, on oath OF f. @. Potter, the
defendant In suit before the said justice. II
appears that Mr.. Potter was sued by the firm
of Mauger & Co.. before Mr.. s. p. Kern, the
Justice of the Peace, who gave Judgment
against Mr.. Potter and in favor of Mauger &
Co. for S2s and costs of suit, in the mouth of
November last and couple days after the
entry of the Judgment Mr.. Potter appeared and
demanded q transcript of the Justices pro-
ceedings In the case and rendered the Justice
the legal fee of 40 cents therefor but the JUS
tce refused TO deliver him a transcript unless
he paid all The costs IN the case, which Mr.. Potter
declined to do, and at once indicted Mr.. Kern
for mlsdemeanor In Office under the act of
Assembly making refusal to deliver q tram
script on demand an indlctable offense. On
hearing the evidence the Court instructed the
jury that the Justice had been guilty of a
violation of the law and ought TO have deliver
ed the transcript, because II wac not asked for
the purpose of appeal or certiorari but simply
for the inspection of Mr.. Potter the defendant
In the case before the Justice, and In such a
case the legal fee for a transcript is only 40
cents. But In consideration of the fact that
there has been some difference of opinion
among lawyers as the correct construction of
the law In the premises, and because 1t did not
appear that the Justice Intentionally and
corruptly violated the law the Jury were told
they ought to acquit the defendant which the
Jury thereupon did without leaving the box.
Potter and Dist. Atty Wallis for Com. Bar
nett for deft.
The following is this opinion of the Court
PER CRURIuM
JUNKIN, p. J.
The defendant is justice OF the peace and on
hearing rendered Judgment on 18th Nov, 1880,
against the prosecutor, Orlando Potter for s28.-
Potter being defendant In said judgment, some.
time after, demanded a transcript Of the record
from the Justice, and rendered him forty cents,
the amount fixed as the Justices fee for an ordi-
nary transcript; The Justice refused the iran
the act o ths Sd sTcS TEHS s R
page 275)
the said act to demand payment Of all costs be
fore delivering transcript Of his record, We are
OF the opinion that the act Of IS 49, only applies
to appellants and plaintiffs desiring transcript
for the purposes OF entering up the Judgment as a
leln In The Court Of Common Pleas: The Ian.
guage Of the acts, the justice .'shall be entitled
| 70 demand and receive from the appellant, and
from the plaintiff desiring transcript for enter
any case ed before him OF beoTe eynS Tram
script OF appeal, or other transcript all costs that
may have accrued in the said action" The obscu-
scripts but 1t is evident these words are used to
designate transcripts q appeal and for lien, as
| costs by any but party to the action, and then
when the party was about to- appeal, or securea
were to de demand transcript the usce las sSe tS
right to conclude that 1t Is wanted for the pur-
poses Of lien, and he may demand all the costs.
| III the losing party appeals he can only do so
| before the magistrate, and the latter can demand
all the costs. But when. the losing party de.
mands transcript only, II can be for neither lien
nor appeal and then only forty. cents can be
| demanded. So II a stranger to the action de-
mands transcript only forty cents need be paid
LIST OF NoLLE PRosEoUIs
Com. vs. Hiram Weaver. Charge of forni-
cation and bastardy, on the OATH of Lizzie
| White of Duncannon. Indictment No. 3
found at the October Term, 1880. Costs pai6.
| Com. VS.. Henry Sarver and Geo. Kramer,
Supervisors Of Greenwood township. Charge
| of neglect to keep open and in repair the
| public roads, on the return of the constable
Indictment No. 8, October Term, 1880. Costs
| paid.
Com. VS.. Henry Sarver and Geo. Kramer.
| Charge of neglect to keep up and maintain
Index Boards at the intersection of public
roads, on the return of the constable Indict-
ment No z, October Term, 1880. Costs paid.
Com. VS.. John Freeland and Henry Moore,
Supervisors of Howe township. Charge of
| neglect to keep open and repair the public
road, on the return of the constable. Indict-
ment No. 6, October Term, 1880. Costs paid.
Com. vs. Jacob Fleisher and Benjamin
Fickes, Jr., Supervisors of Oliver township.
Charge of neglect to keep up and maintain
Index Boards at the intersection of public
road, on the return of the constable lndict-
ment No. 8, October Term, 1880. Costs paid
Com. vs.. Annie Rice Charge of fornica-
tion, on the return of the constable. Indict-
ment No. 8, October Term, 1880. Costs paid.
Com. vas. Geo. w. Lupfer, Saml. Bealor,
Lewis Baker, Horace Bixler, Maggie Howen.
stein, Alice Fleisher, ct. al. Charge of larceny
and receiving on the oath ofPhilip Leonard OF
| Markelville-the watermelon frUlc case In
dictment No. Il, October Term, 1880. Costs
paid.
Com. vs. Geo. l.. Adams. Charge of forni-
cation and bastardy, on oath of Jane Wright,
of Howe township. Case settled by the mar.
riage of the parties. Costs paid.
Com. VS.. Joseph Letter. Charge of assault
and battery on oath of VIM. &. Shuman, of
Milerstown. Costs paid.
Indictments Found Jy the Grand Jury.
Com. VS.. Andrew j. McGOwan, Elizabeth
McGowan and John A. McGowan. Indict-
ment for burglary, larceny and receiving
stolen goods Jonathan Vert prosecutor.
Com. VS.. Andrew j. McGOwan, Elizabeth
McGowan and John A. McGOwan. Indict-
| ment for larceny and receiving stolen goods
Jonathan Vert, prosecutor.
Com, VS.. Joseph M. Harmon. Indictment
for seduction, fornicatiOn and bastardy. Ellie
| Gallagher, prOsecutriX.
Com. VS.. Simon p. Kern, Justice of the
Peace. Indictment for refusing to give a
Transcript upon demand and tender of fee
therefor. Fernando q. Potter prosecutor.
Com. VS.. Daniel Keck. Indictment for
fornication and bastariy. Mary f.. Smeigh,
! prOsecutrx.
Com. VS.. John Stambaugh. Indictment for
fornication and bastardy. Mary A. Baker,
prOsecutrix.
Indictments Ignored By the Grand Jury.
Com. VS.. Frank S. Smedley. Charge OF
bigamy. Mary L. Smedley, prosecutrix. No
bill and the county to pay COSTS