at labor, not exceeding one year. And the member of Assembly, or officer, judge, juror, justice, referee or arbitrator who shall accept or receive, or agree to accept or receive such bribe, shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine, not exceeding one thousand dollars, and to undergo an imprisonment by separate or solitary confinement at labor, not exceeding five years.

Act 31 March, 1860, Sec. 49, P. L., 396.-No witness shall be excused from testifying in any criminal proceeding, or in any investigation or inquiry before either branch of the General Assembly, or any committee thereof, touching his knowledge of the aforesaid crimes, under any pretence or allegation whatsoever; but the evidence so given, or the facts divulged by him, shall not be used against him in any prosecution under this act: Provided, That the accused shall not be convicted on the testimony of an accomplice, unless the same be corroborated by other evidence, or the circumstances of the case.

ED. NOTE.-For bribery of certain public officers, see Title "Offences by public officers."

1. Commonwealth ex rel. Jack v. Crans, 1844, 2 Clark's R., 441.—" A grand jury are officers of the court, and under its control.

2. "The court alone has authority to instruct a grand jury, and it is both a criminal misdemeanor and a high contempt in an individual to communicate with that body in reference to any matter which either is or may come before them.

3. "On the hearing of a habeas corpus, the court is not confined to the sufficiency of the cause of detainer, as set forth in the commitment, but may look into all the facts adduced by the Commonwealth in support of such commitment." Commonwealth v. Neely, 18 Pitts. L. J., 293.

Culbertson v. Martin, 2 Yeates, 443.

Commonwealth v. Kauffman, 1 Phil. R., 534.

1. Commonwealth v. Jonathan Neely, 1871, 3 Pitts. R., 527; Commonwealth v. William H. McGee, 1871, 3 Pitts. R., 527.-"The 48th section of the Act 31 March, 1860, punishing bribery, does not include commissioners of counties."

2. That being the case, the above defendants, on conviction, were sentenced under the 21st section, Act of 31 March, 1856, P. L., 205.

II. FOREIGN CORPORATIONS DOING BUSINESS IN PENNSYLVANIA MUST HAVE OFFICES AND AGENTS LOCATED IN THIS STATE.

Act 22 April, 1874, Sec. 1, P. L., 108.-No foreign corporation shall do any business in this Commonwealth, until said cor

poration shall have established an office or offices, and appointed an agent or agents for the transaction of its business therein.

Act 22 April, 1874, Sec. 2, P. L., 108.-It shall not be lawful for any such corporation to do any business in this Commonwealth, until it shall have filed in the office of the Secretary of the Commonwealth a statement, under the seal of said corporation, and signed by the president or secretary thereof, showing the title and object of said corporation, the location of its office or offices, and the name or names of its authorized agent or agents therein; and the certificate of the Secretary of the Commonwealth, under the seal of the Commonwealth, of the filing of such statement, shall be preserved for public inspection, by each of said agents, in each and every of said offices.

Act 22 April, 1874, Sec. 3, P. L., 108.—Any person or persons, agent, officer, or employé of any such foreign corporation, who shall transact any business within this Commonwealth for any such foreign corporation, without the provisions of this act being complied with, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by imprisonment not exceeding thirty days, and by fine not exceeding one thousand dollars, or either, at the discretion of the court trying the same.

III. CORRUPT SOLICITATION DEFINED.

Act 29 April, 1874, Sec. 1, P. L., 115.—Any person or persons who shall, directly or indirectly, by offer or promise of money, office, appointment, employment, testimonial or other thing of value, or who shall, by threats or intimidation, endeavor to influence any member of the General Assembly, State, county, election, municipal or other public officer, in the discharge, performance or non-performance of any act, duty or obligation pertaining to such office, shall be guilty of the offence of corrupt solicitation, and liable to indictment for a misdemeanor; and, on conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars, and to undergo imprisonment not exceeding two years, at the discretion of the court.

Act 29 April, 1874, Sec. 2, P. L., 115.-Any occupation or practice of solicitation of members of either house of the General Assembly, or of public officers of the State, or of any municipal division thereof, to influence their official action, shall be deemed

a misdemeanor, and any person convicted thereof shall be punished as provided by the preceding section: Provided, That any open address upon or explanation of any measure or question before either house of the General Assembly, or any committee or member thereof, or before any municipal council, or board or committee thereof, or before any public officer, shall not be held to be solicitation, within the meaning of this section.

1. Commonwealth v. Salter, 1879, 2 Pearson, 461.-"The sheriff and jury commissioners need not, under the Acts of April 14th, 1834, and April 10th, 1867, make an affidavit to their return of grand jurors that they were drawn and returned according to law."

ED. NOTE.-But see Commonwealth v. Derschuck, Luzerne Leg. Reg. R., 377; and Commonwealth v. Byrne, same R., 378.

2. "A venire commanding the sheriff and jury commissioners to draw a grand jury to try issues from the wheel containing the names of the grand jurors, is irregular, but the objection is waived unless a motion is made to quash the array before the jury has been discharged.

3. "If a juror, whether grand or traverse, receives a notice to attend the court, and does so, it does not make any difference how he was summoned.

4. "The district attorney has a right to be present at the examination of witnesses by the grand jury, and the fact that he said to them after hearing the testimony of certain persons in a particular case, 'I suppose that you do not want to hear any more,' will not vitiate the finding of that indictment by the grand jury.

5. "The fact that indictments, when found by the grand jury, were sent into court by the district attorney or a messenger, not presented by the grand jury or any member thereof, will not vitiate such indictments.

6. "It need not appear by the indictment or otherwise that witnesses before the grand jury were sworn.

7. "An indictment found by twenty-four grand jurors regularly sworn, or by twenty-three and another person who was present and acted with them without being sworn, is fatally defective, and must be quashed."

1. Commonwealth v. Petroff, 1880, 2 Pearson, 534.—" Section 29, Article III., of the Constitution of Pennsylvania makes provision against corruption on the part of members of the legislature. Section 30 strikes in the first place at corrupt solicitation of any member of the legislature, in the next place, is aimed against members corrupting each other, and lastly at persons corrupting legislators; and Section 31 is aimed at professional borers.

2. "The Act of April 29th, 1874, does not relate to persons who directly or indirectly bribe, but the offer to bribe must be made directly or indirectly; a direct offer is not necessary under this act.

3. "When words of a doubtful meaning are used, it is a question for the jury, not the court, to say whether they constitute an offer or promise within the prohibition of this act.

4. "Very little weight should be given to the testimony of a person charged with a crime when it comes in conflict with that of a disinterested witness.

5. "If a witness has deen detected in testifying to what is not true as to one thing, the jury should reject his evidence altogether.

6. "When it has been brought out incidentally in a criminal case that the person on trial has been in a similar trouble before, no evidence as to character having been offered, the jury should remove it from their minds."

IV. LOTTERIES.

Act 31 March, 1860, Sec. 52, P. L., 396.-All lotteries, whether public or private, for moneys, goods, wares or merchandise, chattels, lands, tenements, hereditaments, or other matters or things whatsoever, are hereby declared to be common nuisances; and every grant, bargain, sale, conveyance or transfer of any goods or chattels, lands, tenements or hereditaments which shall be made in pursuance of any such lottery, is hereby declared to be invalid

and void.

Act 31 March, 1860, Sec. 53, P. L., 396.-If any person shall, within this State, either publicly or privately, erect, set up, open, make or draw any such lottery as aforesaid, or be in any way concerned in the managing, conducting or carrying on the same, he shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprisonment, by separate or solitary confinement at labor, not exceeding one year.

Act 31 March, 1860, Sec. 54, P. L., 396.-If any person shall sell or expose to sale, or cause to be sold or exposed to sale, or shall barter or exchange, or cause or offer to be bartered or exchanged, or shall advertise, or cause to be advertised for sale, barter or exchange, any lottery ticket or share, or part thereof, or any lottery policy, or any writing, certificate, bill, token or other device, purporting or intending to entitle, or represented as entitling the holder or bearer, or any other person, to any prize to be drawn in any lottery, or any part of such prize, or any interest therein, such person shall be guilty of a misdemeanor, and, on conviction, be sentenced to an imprisonment, by separate or solitary confinement at labor, not exceeding two years, and to pay a fine not exceeding one thousand dollars. The purchaser of such ticket, policy or device, shall not be liable to any prosecution or penalty by virtue of this or any other law of the Commonwealth, and shall, in all respects, be a competent witness to prove the offence. Any indictment under this act shall be deemed and ad

judged good and sufficient, which describes the offence in the words of this law, although it does not set out the name or location of such lottery, nor set out in words and figures, the ticket, policy or device sold, bartered or exchanged, or offered or advertised to be sold, bartered or exchanged.

ED. NOTE.-Act April 2, 1870, sec. 1, declares selling tickets or policies a public nuisance, and to be punished as provided in section 73 of Act of 31 March, 1860. See "Public Nuisances." See Act 9 March, 1867, P. L., 378, as to Mercer County.

1. Commonwealth v. Gillespie and another, 1822, 7 Sergt. & Rawle, 473.—An indictment charging that the defendant sold lottery tickets, should set out the name of the lottery and the number of tickets sold.

ED. NOTE.-The 54th section modifies the above part of this decision.

2. In charging a conspiracy to sell lottery tickets, it is sufficient to allege that the lottery was not authorized by the laws of the Commonwealth.

3. Several distinct offences of the same nature may be joined in one and the same indictment, in cases of felony as well as misdemeanor. The court may, however, direct the prosecutor to elect, in cases of felony, on which charge he will proceed.

4. When the act or acts constituting the crime is such, that more than one may have committed it, all the parties to it may be charged in the same indictment.

5. By different counts, several persons may be charged in one indictment, with different offences, but the court may in their discretion quash it.

6. Circumstantial evidence may be sufficient to establish criminal liability of the principal by his agent, where the principal had participation in the wrongful

act or acts.

7. The place where the overt act is done, in pursuance of a conspiracy, is the place for its punishment.

8. In case the indictment charge the defendant with selling a lottery ticket, in the words and figures following, then must follow a literal recital of the ticket. A variance in spelling a name, though they sound alike, as Burrill, for Burrall, is fatal.

ED. NOTE.-The 54th section modifies, it seems, the above part of this decision. 1. Commonwealth v. Manderfield, 1870, 8 Phila. R., 457.-An indictment for selling lottery policies must show upon its face that the lottery was an illegal lottery.

2. But where an indictment charged the defendant with selling to one "Charles W. Wood, a certain written device, and lottery policy, intended to entitle the holder or bearer thereof to a prize in a lottery, a further description of which said lottery the grand inquest was unable to give," etc. Held, 1st, That the words" prize in a lottery" were sufficient to indicate its illegal character; and, 2d, that the lottery was sufficiently described, when it is stated that the ticket was sold to Charles W. Wood, and that the grand inquest are unable to give a further description thereof.