and in the second and third counts with forcible entry and detainer. The jury convicted them of the conspiracy, and acquitted them on the second and third counts. The court below sentenced them to pay a fine of twenty-five dollars, to be imprisoned in the county jail for one hour, and to pay the costs of the prosecution." Held, "The conviction for conspiracy is not inconsistent with an acquittal of the charge of forcible entry and detainer. The defendants conspired to commit the act, but did not accomplish their object. They may be punished for their unlawful agreement. The gist of the offence in conspiracy is the unlawful combination, and the offence is complete the moment such combination is formed."

2. Section 128, Act 31 March, 1860, does not, nor was it intended to interfere with the indictment and punishment of a common-law conspiracy.

Commonwealth v. Haines, Miskey and Clement, 1881, 38 vol. Legal Intelligencer, 1881, p. 53.-"A conspiracy is an agreement to an unlawful thing or to do a lawful thing in an unlawful manner. In either case the essential and controlling element is the combination or agreement of the parties. A combination to compel the city to pay higher for its labor and materials than it would if there was no combination to prevent bidding, is a conspiracy."

1. Commonwealth v. Haines et al., 1881, 38 vol. Legal Intel., 1881, p. 94.—“ All combinations to increase or depress the price of labor, to increase the cost of anything bought and sold, or bartered, are criminal conspiracies.

2. "In order to grant a new trial on account of after-discovered evidence, it is necessary: 1st. That the testimony must have been discovered since the former trial. 2d. That it could not have been obtained on the former trial with reasonable diligence used by the defendant. 3d. That the testimony must not be merely cumulative and corroborative of other testimony given in the case. 4th. That the new testimony must go to the merits of the case, and must not be merely for the purpose of impeaching the credibility of witnesses. 5th. That the new testimony must be such as will probably produce a different verdict if a new trial should be awarded.

3. "A juror is incompetent to impeach his own verdict. A verdict cannot be set aside on the ground that the jury had used a newspaper containing a part of the judge's charge if the evidence of that fact depends upon the affidavit of a juror."

1. Commonwealth v. McHale et al., Commonwealth v. Anthony McHale et al., 38 Legal Intel., 1881, p. 341.—“In indictment for conspiracy, charging the commission of frauds at an election, is a common-law offence, and the limitation of one year in the Act of 1839, does not apply.

2. "The court, under the Act of March 12, 1866, may appoint a special district attorney to try cases, and his signature to an indictment is proper and legal."

Huntzinger v. Commonwealth, 1881, 10 Weekly Notes, 98.—What constitutes conspiracy? Section 179, Act 31 March, 1860, P. L., 385.

XXXIX. TRADES UNIONS DO NOT AMOUNT TO CONSPIRACY.

Act 14 June, 1872, Sec. 1, P. L., 1175.-It shall be lawful for any laborer or laborers, workingman or workingmen, journey

man or journeymen, acting either as individuals or as the member of any club, society or association, to refuse to work or labor for any person or persons, whenever, in his, her or their opinion, the wages paid are insufficient, or the treatment of such laborer or laborers, workingman or workingmen, journeyman or journeymen, by his, her or their employer is brutal or offensive, or the continued labor by such laborer or laborers, workingman or workingmen, journeyman or journeymen, would be contrary to the rules, regulations or by-laws of any club, society or organization to which he, she or they might belong, without subjecting any person or persons, so refusing to work or labor, to prosecution or indictment for conspiracy under the criminal laws of this Commonwealth: Provided, That this act shall not be held to apply to the member or members of any club, society or organization, the constitution, by-laws, rules and regulations of which are not in strict conformity to the Constitution of the State of Pennsylvania, and to the Constitution of the United States: Provided, That nothing herein contained shall prevent the prosecution and punishment, under existing laws, of any person or persons who shall, in any way, hinder persons who desire to labor for their employers from so doing, or other persons from being employed as laborers.

XL. FRAUDULENTLY DESTROYING ANY DEED, CHECK, DRAFT OR OTHER SECURITY.

Act 31 March, 1860, Sec. 129, P. L., 413.-If any person shall fraudulently or maliciously tear, burn, or in any other way destroy any deed, lease, will, bond, or any bill or note, check, draft or other security for the payment of money, or the delivery of goods, or any certificate of loan or other public security of this Commonwealth, or of the United States, or any of them, or any certificate of the stock or debt of any bank, corporation or society, either of this Commonwealth or the United States, or either of them, or of any foreign country, or any receipt, acquittance, release or discharge of any debt, suit or other demand, or any transfer or assurance of money, stock, goods, chattels or other property, or any letter of attorney or other power, or any day-book or other book of accounts, or any agreement or contract whatever, with intent to defraud, prejudice or injure any person, bank, body cor

porate, society or association, the person so offending shall be guilty of a misdemeanor, and, on conviction, be sentenced to pay a fine not exceeding five hundred dollars, and to undergo an imprisonment, not exceeding three years, or either or both, at the discretion of the court.

XLI. FRAUDULENTLY SECRETING OR REMOVING PROPERTY
BY DEBTOR.

Act 31 March, 1860, Sec. 130, P. L., 413.-Any person who shall remove any of his property out of any county, with intent to prevent the same from being levied upon by any execution, or who shall secrete, assign, convey or otherwise dispose of any of his property, with intent to defraud any creditor, or to prevent such property being made liable for the payment of his debts, and any person who shall receive such property with such intent, or who shall, with like intent, collude with any debtor for the concealment of any part of his estate or effects, or for giving a false color thereto, or shall conceal any grant, sale, lease, bond or other instrument or proceeding, either in writing or by parol, or shall become a grantee, purchaser, lessee, obligee or other like party in any such instrument or proceeding, with the like fraudulent intent, or shall act as a broker, scrivener, agent or witness, in regard to such instrument or proceeding, with the like intent, such person or persons, on conviction thereof, shall be guilty of a misdemeanor, and be sentenced to pay a sum not exceeding the value of the property or effects so secreted, assigned, conveyed or otherwise disposed of or concealed, or in respect to which such collusion shall have taken place, and undergo an imprisonment, not exceeding one year.

Commonwealth v. J. Frederick Smith, 1867, 1 Brewster's R., 347.—" 1st. In order to convict, there must be an actual secreting or assigning of the goods. A mere refusal to surrender them is not sufficient. 2dly. It must be shown that there was an intent to prevent the property from being made liable for the payment of debts. 3dly. Creditors whose debts are not due are protected by the statute. So, too, a debtor may lawfully prefer a creditor whose claim is not yet due." Commonwealth v. Hickey, 2 Parsons, 317.

Prough v. Entriken, 11 Penna. St. R., 84.

XLII. FRAUDULENT INSOLVENCY.

Act 31 March, 1860, Sec. 131, P. L., 414.-If it shall appear to the court upon the hearing of any petition in insolvency, either by the examination of the petitioner, or other evidence, that there is just ground to believe either:

I. That the insolvency of the petitioner arose from losses by gambling, or by the purchase of lottery tickets; or

II. That such petitioner had embezzled or applied to his own use any money, or other property with which he had been intrusted, either as bailee, agent or depositary, and to the prejudice of the opposing creditors; or

III. That he has concealed any part of his estate or effects, or colluded or contrived with any person for such concealment, or conveyed the same to any person for the use of himself, or any of his family or friends, or with the expectation of receiving any future benefit to himself or them, and with intent to defraud his creditors, in every such case it shall be the duty of the court to commit such person for trial.

Act 31 March, 1860, Sec. 132, P. L., 414.-If such debtor shall, upon trial, be convicted of any of the acts mentioned in the preceding section, he shall be adjudged guilty of a misdemeanor, and shall be sentenced as follows:

I. If found guilty of embezzlement or concealment of property, as aforesaid, he shall be sentenced to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding seven years.

II. If it shall appear, by the verdict of the jury on such trial, that the insolvency of the petitioner was caused by gambling or the purchase of lottery tickets, as aforesaid, he shall be sentenced to an imprisonment not exceeding three years.

Act 31 March, 1860, Sec. 133, P. L., 414.—If no bill shall be presented to the grand jury at the next sessions, or if the bill shall not be found, or if the indictment shall not be tried at the second session after the commitment of such petitioner, unless the postponement of the trial take place at the instance of such petitioner, or if, upon trial, such debtor be acquitted, it shall be the duty of the Court of Common Pleas to discharge him from im

prisonment upon his proceeding as is provided by the insolvent laws.

ED. NOTE.-The 46th section of the insolvent law makes a false oath by a debtor, perjury.

Respublica v. Adam Tryer, 1802, 3 Yeates, 451.-—"An indictment grounded on a statute, must pursue the description of the offence contained therein.

"Therefore an indictment against an insolvent debtor, under the Act of 4 April, 1798, for fraudulently concealing his estate, with intent to defraud his creditors, but omitting to lay it, 'thereby to secure the same,' or 'to retrieve or expect any profit, benefit or advantage thereby,' was held ill.

"The time and place of such fraudulent concealment must be alleged." Guldin v. Commonwealth, 1821, 6 Sergt. & Rawle, 555.—Plaintiff in error was indicted, convicted, and sentenced to hard labor for two years, for fraudulent insolvency. The indictment charged that he fraudulently concealed his estate, viz., "thirteen hundred dollars, from his creditors, with intent to defraud his creditors of the same, and in order to expect and derive future benefit to himself," etc. Held, That the judgment of the court below was erroneous, because the indictment was drawn under the statute of 1816, and the sentence was under that of 1820.

ED. NOTE.-This decision changed by section 132, Act 31 March, 1860, P. L., 414.

Hassinger's Case, 2 Ash., 287: Fisher's Case, 2 Wh. Dig., 27, pl. 133. Who is an agent? Mercer's Case, 2 Wh. Dig., 27, pl. 125.

XLIII. COLLUDING WITH AN INSOLVENT FOR CONCEALMENT OF HIS EFFECTS.

Act 31 March, 1860, Sec. 134, P. L., 414.-If any person, with intent to defraud the creditors of an insolvent debtor, or any of them, shall collude or contrive with such insolvent debtor for the concealment of any part of his estate or effects, or for giving a false color thereto, or shall contrive or concert any grant, sale, lease, bond or other instrument or proceeding, either in writing or by parol, or shall become a grantee, purchaser, lessee, obligee or other like party, in any such instrument or proceeding, with the like intent, or shall act as broker, scrivener, agent or witness, in regard to such instrument or proceeding, with the like intent, such person shall be guilty of a misdemeanor, and, on conviction thereof, be sentenced to pay a fine not exceeding ten thousand dollars, and to undergo an imprisonment not exceeding two years, and shall forfeit all claim which he may have to any part of the estate of such debtor.