IC-NRLF
GENERAL RAILROAD LAWS
STATE OF PENNSYLVANIA
ACTS RELATIVE TO CORPORATIONS AFFECTING
RAILROAD COMPANIES.
ARRANGED IN CHRONOLOGICAL ORDER, FROM 1820 TO 1874,
WITH A COMPLETE ANALYTICAL INDEX.
COMPILED BY GEO. W. I. BALL.
n
PHILADELPHIA:
PUBLISHED BY ALLEN, LANE & SCOTT,
No. 233 South Fifth Street.
I875-
ft&
Entered, according to Act of Congress, in the year 1875, by
ALLEN, LANE &» SCOTT,
In the Office of the Librarian of Congress, at Washington, D. C.
NOTE. — In several instances acts and parts of acts repealed or supplied, and so noted, are
introduced in their proper order, so that comparisons and references may be made in this book.
GENERAL RAILROAD LAWS
STATE OF PENNSYLVANIA.
AN ACT TO REGULATE PROXIES.
Passed 28th March, 1820. (Smith's Laws, vol. 7 , page 320.)
SECTION I. All power to vote by proxy in any association
incorporated by any authority in this Commonwealth, or by
the former proprietary government, shall be obtained and
dated within six months previously to the time of holding the
election or meeting of stockholders at which such proxy shall
be presented, and shall not be used for any purpose or pur-
poses except those therein expressed, nor shall any such
proxy be given in blank, nor substitution thereof to a third
person be admitted, any law or usage to the contrary notwith-
standing : And provided, also, That nothing herein contained
shall be so construed as to alter or affect the provisions of the
act entitled " An act regulating banks," so far as relates to the
dates of proxies.
SEC. 2. In all elections of officers in an association or com-
pany (incorporated as aforesaid) hereafter to be held by virtue
of any law of this Commonwealth, whenever any person shall
offer to the judges of such election any vote or votes, as
attorney, proxy, or agent for any other person, such person
being required thereto by any judge of such election, or any
stockholder in such association or company, shall, before his
vote or votes shall be received, take and subscribe the follow-
ing oath or affirmation : — "I do solemnly swear (or affirm)
that I have no interest, directly or indirectly, in the share upon
which I shall vote at this election; that those shares are, to
the best of my knowledge and belief, truly and in good faith
(3)
M2036S4
owned by the persons in whose names they now stand, and
that in voting at this election I have not transferred any of the
said shares, or caused them to be transferred in trust or other-
wise, for the purpose of increasing the votes at this election,
and that I shall not violate in any manner, directly or in-
directly, any provision of the act of incorporation which limits
the number of votes a stockholder may give in his own right;"
and the judges of such election are authorized to administer
the aforesaid oath (or affirmation), and the said oath and all
authorities or powers of attorney to vote by proxy, or as agent,
shall be filed and preserved in the office of such association or
company, and if any person shall willfully and absolutely
swear or affirm falsely in taking any oath or affirmation pre-
scribed by this act, such person so offending shall, upon due
conviction thereof, be subject to the pains and penalties which
are by law prescribed for the punishment of willful and corrupt
perjury.
AN ACT REGULATING LATERAL RAILROADS.
Approved $th May, 1832. (P. L., 1831-2, pages 501 to 506.}
SECTION I. That if any owner or owners of land, mills,
quarries, coal-mines, lime-kilns, or other real estate, in the
vicinity of any railroad, canal, or slack-water navigation, made
or to be made by any company or by the State of Pennsyl-
vania, and not more than three miles distant therefrom, shall
desire to make a railroad thereto over any intervening lands,
he or they, their engineers, agents, and artists, may enter upon
any lands, and survey and mark such route as he or they shall
think proper to adopt, doing no damage to the property ex-
plored, and thereupon may present a petition to the court of
common pleas of the county in which said intervening land
is situated, setting forth his or their desire to be allowed to
construct and finish a railroad in and upon the said route, and
the beginning, courses, and distances thereof, and place of
intersection of the main railroad, canal, or slack-water naviga-
tion, which shall be filed and entered of record in the said
court, whereupon the said court shall appoint six disinterested
and judicious men, resident in the said county, who shall
view the said marked and proposed route for a railroad, and
examine the same, and if they or any four of them shall deem
the same necessary and useful for public or private purposes,
they shall report in writing to the subsequent term of said
court what damages will be sustained by the owner or owners
of the said intervening land, by the opening, constructing,
completing, and using the said railroad, and the report of the
said viewers and appraisers shall be filed of record in the said
court, and if not appealed from, be liable to be confirmed or
rejected by the said court, as to right and justice shall apper-
tain ; and if either of the parties shall be dissatisfied with said
report, he or they may appeal therefrom to the said court of
common pleas within twenty days after such report has been
filed in the prothonotary's office, and not after; and after such
appeal, either party may put the cause at issue, in the form
approved of by the court, and the said issue shall be placed
first on the trial list of the next regular term of the said court,
and be there tried and determined by the court and jury, and
the verdict so rendered, and judgment thereon, shall be final
and conclusive, without further appeal or writ of error; and it
shall be the duty of the said viewers and jury to take into
consideration the advantages which may be derived by the
owner or owners of land passed by the said railroad when
making up their report or forming their verdict thereon.
SEC. 2. That the said court shall tax and allow such fees to
the viewers and appraisers and officers of the court as are
chargeable for such services under the existing fee bills, which
shall be paid by the petitioners for the said railroad, and if
necessary, their payment shall be compelled by attachment;
and it shall be at the option of the petitioner or petitioners for
the said railroad, either after the report filed or after the ver-
dict of the jury, after paying the legal costs to be taxed as
aforesaid, to abandon the further prosecution of the said rail-
road, and, as evidence thereof, shall file his or their declaration
of that intent in writing, in the said court, which shall termi-
nate all further proceedings on the said petition.
SEC. 3. That the said railroad shall not exceed in breadth
twenty feet, nor pass through any burying-ground or place
of public worship, nor any dwelling-house or out-buildings,
without the consent of the owner thereof; it shall be of single
or double track, and formed of wood, stone, and iron, each or
all of them, as the proprietors of the said road shall adopt; the
streams of water over which it may pass shall be bridged with
stone or wood, and the right of property in the said railroad
shall be vested in him or them, his or their heirs and assigns,
who shall have subscribed the said petition for the said rail-
road, and whose funds shall have been contributed and paid
for the construction thereof, in such just proportions as each
contribution and payment shall bear to the whole amount ex-
pended in the formation and completion of the said railroad,
and the satisfaction of damages for lands and materials appro-
priated thereto ; and the said railroad shall be jointly and
severally enjoyed and used by the proprietors thereof; the
proprietors of the said railroad, their workmen and agents,
shall not break ground, or commence the construction of the
said railroad, until the damages reported by the viewers, or
awarded by the verdict of the jury, shall be tendered or paid
to the party or parties entitled thereto, except in cases of their
being unknown to the petitioners.
SEC. 4. That fifteen days' notice shall be given of the inten-
tion to file a petition for a railroad, in the court of common
pleas, and of the time of viewing the premises by the viewers,
to the owner or owners of the lands over which the route of
the contemplated railroad shall pass, if the said owners shall
be resident in this Commonwealth ; and if in any case the
owner or owners of said lands shall be unknown, an affidavit
thereof being filed by any petitioner for said road, notice shall
be given in one public newspaper, printed in the county where
the land lies, for three successive weeks; and if there is no
newspaper printed in the county where the land lies, then
publication in any newspaper printed in the adjoining county
shall be sufficient.
SEC. 5. That he or they who shall construct the said rail-
road, after having paid the damages ascertained as aforesaid,
shall be entitled to use and apply all the said gravel, timber,
and other materials on the route adopted, and within the
breadth of twenty feet, to and for the formation and comple-
tion of the said road and bridges; and it shall be lawful for
the petitioners for, and the proprietors of, the said railroad, his
or their heirs and assigns, and their agents and persons em-
ployed by or under him or them, to enter upon any land near
or adjoining said railroad, to search for stone, gravel, sand,
wood, or other materials to be used in the construction of the
said road; but no stone, gravel, sand, wood, or other materials
shall be taken from any land for the purposes aforesaid until
the rate of compensation therefor shall be ascertained and
settled with the owners of the said lands ; but if the parties
cannot agree thereon, each party shall choose a man, who, if
they cannot agree, shall choose an umpire, all of whom shall,
under oath or affirmation, fairly and impartially estimate the
same, and such award shall be final and conclusive ; but if the
owner or owners of such land, out of which the said materials
shall be designed to be taken, shall be a femme couverte, non
compos mentis, out of the State or unknown, the court of com-
mon pleas of the proper county shall, in writing, appoint three
impartial men, who, on oath or affirmation, shall fairly and
impartially estimate the same materials, the amount of which
said valuation shall be paid or tendered to the owner or
owners thereof, if within the State and known, before they are
removed or applied to the construction of the said railroad.
SEC. 6. That the proprietor or proprietors of the said rail-
road, on the completion of the same, shall file in the court of
common pleas a full statement and account of all the expenses
incurred in the formation and completion of the said road,
under the oath or affirmation of some one or more who shall
have had knowledge of the same, within three months after
the same shall be completed and put in use, under the penalty
of one hundred dollars, to the end that the said road, and the
privileges appurtenant thereto, may be resumed by this Com-
monwealth whenever the legislature shall enact the payment
to the proprietors of such railroad, their heirs and assigns, of
the principal money expended in the construction of the same.
SEC. 7. That the said railroad shall and may be used by any
person or persons transporting anything thereon, in such cars,
wagons, and vehicles as are adapted to and used thereon by
the proprietor or proprietors of the said railroad or their
agents, and no other, he or they using the same paying four
8
cents per mile on each and every ton weight of the article
transported thereon ; and on all single articles weighing less
than a ton, it shall be lawful to charge and receive an advance
not exceeding twenty per cent, on the rate as above estab-
lished.
SEC. 8. That the said railroad shall be so constructed as not
to obstruct or impede the free use and passage of any public
road or roads which may cross or enter the same, being now
laid out or hereafter to be laid out ; and in all places where the
said railroad may cross or in any manner interfere with any
public road, the proprietors of the said railroad shall make, or
cause to be made, a good and sufficient bridge or bridges,
causeway or causeways, to enable all persons passing or travel-
ing such public road to cross and pass over said railroad; and
if the proprietor or proprietors of said railroad shall refuse or
neglect to make such bridge or bridges, causeway or cause-
ways, or when made to keep the same in good repair, they
shall be liable to pay a penalty of ten dollars for every day the
same shall be so neglected, or refused to be made or repaired,
to be recovered by the supervisor of the township, with costs,
for the use of the township, as debts of like amount are by
law recoverable, and the service of process on any one of the
proprietors of the said railroad shall be as good and effectual
as if made on all of them.
SEC. 9. That for the accommodation of all persons owning
or possessing land through which the said railroad may pass,
and to prevent inconvenience to such persons in crossing or
passing over the same, it shall be the duty of the proprietors
of the said railroad, if required, to make, or cause to be made,
a good and sufficient bridge or bridges, causeway or cause-
ways, whenever the same may be necessary to enable the
occupant or occupants of said land to cross or pass over the
same with wagons, carts, and implements of husbandry, as
occasion may require : Provided, That the proprietors of the
said railroad shall in no case be required to make, or cause to
be made, more than two such causeways through each planta-
tion or lot of land, for the accommodation of any one person
owning or possessing land through which the said railroad
shall pass: and where any public road shall cross the said
railroad, the person owning or possessing land through which
the said railroad shall pass shall not be entitled to make such
requisition on the proprietors of the said railroad ; and the
said bridge or bridges, causeway or causeways, when so made,
shall be maintained and kept in repair by the proprietor or
proprietors of the said railroad; and if they shall refuse or
neglect to make such bridge or bridges, causeway or cause-
ways, or when made to keep the same in good repair, the said
proprietors shall be liable to pay any person aggrieved thereby
all damages sustained by such person or persons, in conse-
quence of such neglect or refusal, to be sued for and recovered
before any magistrate or court having cognizance thereof, and
the service of process on any one of the proprietors of the
said railroad shall be as good and effectual as if made on all
of them.
SEC. 10. That no suit or action shall be brought or prose-
cuted by any person or persons, for any penalties incurred
under this act, unless such suit or action shall be commenced
within twelve months after the offense committed or the cause
of action shall have accrued; and the defendant or defendants
in such suit or action may plead the general issue, and give
this act and the special matter in evidence, and that the same
was done in pursuance and by authority of this act.
SEC. II. That if any person or persons shall willfully and
knowingly break, injure, or destroy the said railroad, or any
part thereof, or any work or device, or any part thereof, to be
erected by the proprietors of the said railroad, or shall will-
fully place any obstruction in and upon the said railroad, he
or they so offending shall forfeit and pay to the proprietor or
proprietors of the said railroad three times the actual damages
so sustained, to be sued for and recovered with costs of suit,
before any justice of the peace or court having cognizance
thereof, by action of debt, in the name and for the use of the
proprietor or proprietors of the said railroad.
SEC. 12. That the provisions of this act shall extend to the
counties of Lycoming, Luzerne, Schuylkill, and Northumber-
land only : Provided, That if any lateral railroad so constructed
as aforesaid, shall be disused or suffered to remain out of re-
pair for the space of two years, all right of way or other
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privilege therein shall cease and revert to the original owners
of the land, their heirs and assigns.
SEC. 13. That the legislature reserve the right to repeal or
alter this act, either in whole or in part, as may respect any
railroad constructed under the provisions of this act.
(Limitation to counties repealed nth April, 1848.)
A SUPPLEMENT TO AN ACT PASSED THE 22d MARCH, 1817,
ENTITLED "AN ACT RELATIVE TO SUITS BROUGHT BY
OR AGAINST CORPORATIONS."
Approved i6th March, 1833. (P. L., 1832-3, pages j8 and 79.)
SECTION i. That the service of any civil process upon the
toll-gatherer of any corporation, in the proper county, and
next to the place where the damage or damages shall have
been committed, shall be held as good and valid in law as if
served on the president or other principal officer, or the
cashier, treasurer, secretary, or chief clerk of the corporation,
as aforesaid; and upon such service the like proceedings shall
be had as is directed by the aforesaid act, to which this is a
supplement: Provided, That where a suit shall be commenced
and the process served on the toll-gatherer, it shall be the
duty of the plaintiff, his agent or attorney, to cause reason-
able notice to be given to some one of the officers of the com-
pany aforesaid of the commencement of any such suit before
trial and final judgment.
AN ACT RELATIVE TO SUITS BROUGHT BY AND AGAINST
CANAL AND RAILROAD COMPANIES.
Approved 1 4th April, 1834. (P. L,, 1833-4, pages 395 and 396.}
SECTION i. That it shall and may be lawful for either party,
in any suit or action now pending or that may hereafter be
brought in any of the courts of this Commonwealth, by or
II
against any canal or railroad company, to remove the same
into the court of any other adjacent county through which
the canal or railroad of such company is not located, which
suits, so removed, shall be proceeded in by the proper court,
in like manner, and subject to like rules and proceedings as if
it had remained in the court in which it was originally com-
menced, and upon final judgment, tcstatem executions may
issue as in other cases : Provided, That the party so removing
shall first take and subscribe an oath or affirmation, to be filed
of record with the cause, that such removal is not made for
the purpose of delay, but because he firmly believes a fair
and impartial trial cannot be had in the county through which
such canal or railroad may pass: And provided further, That
the provisions of this act shall not be so construed as to
interfere with the existing laws relative to the assessment of
damages to property, occasioned by the construction of such
canals or railroads, nor with the right and privilege heretofore
granted to any canal or railroad company, to have suits against
them tried in any particular county or counties.
AN ACT RELATING TO INSPECTIONS.
Approved i$th April, 1835. (P. L., 1834-5, page 399.)
SECTION 41. Every person who shall unload or discharge
any flour, corn, or meal designed for exportation at any land-
ing-place or other place, shall cause the same forthwith to be
put in a store, or under a shelter sufficient to keep it dry.
SEC. 42. If the carrier of any flour, corn, or meal, designed
for exportation, shall cause or suffer the same to be wet or to
take damage for want of due care, or for want of sufficient
shelter or covering as before required, such carrier shall for-
feit and pay to the owner thereof twenty-five cents for every
cask of flour, cornmeal, bread, and biscuit, over and above
the damage actually sustained.
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AN ACT FOR THE PREVENTION OF INJURIES TO INDK
VIDUALS BY THE GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT OF STAGE-DRIVERS AND OTHERS.
Approved ist April, 1836. (P. L., 1835-6, page 427.}
SECTION I. That from and after the first day of July next,
if any person within this Commonwealth shall become injured,
either in person or property, through or by reason of the
gross negligence or willful misconduct of the driver of any
public stage, mail-coach, coachee, carriage, or car employed
in the conveyance of passengers, or through or by reason of
the gross negligence or willful misconduct of any engineer or
conductor of any locomotive-engine engaged in the transpor-
tation of passengers, or of goods, wares, merchandise, or
produce of any description, such driver, engineer, or con-
ductor shall be deemed guilty of a misdemeanor, and, on
conviction thereof, shall for every such offense be punished
by a fine not exceeding fifty dollars, and imprisonment in the
jail of the county wherein such offense shall have been com-
mitted for any length of time not exceeding six months, at
the discretion of the court: Provided, That the provisions of
this act shall not interfere with the civil remedies against the
proprietors or others to which the party injured may by law
be now entitled.
(Repealed and supplied 3 ist March, 1860.)
AN ACT RELATING TO ROADS, HIGHWAYS, AND BRIDGES.
Approved i^th June, 1836. (P. L., 1835-6, pages 565 and j66.)
SECTION 74. If any person shall willfully set fire to any
wooden bridge within this Commonwealth, with intent to
destroy the same, or shall be accessory thereto before the
fact, such person shall, for every such offence, be liable to
indictment, and to the punishment provided by law in cases
of arson, and also shall forfeit and pay a sum not more than
two thousand dollars, at the discretion of the court having
cognizance of such offence, for the use of the county, town-
ship or townships, corporations, or persons aggrieved.
(Repealed and supplied 3 1st March, 1860.)
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AN ACT RELATING TO THE COMMENCEMENT OF ACTIONS.
Approved ijth fane, 1836. (P. L., 1835-6, pages 579 and 580.)
SECTION 41. Every corporation, aggregate or sole, shall be
amenable to answer upon a writ of summons as aforesaid, and
in the case of a corporation aggregate, except counties and
townships, service thereof shall be deemed sufficient, if made
upon the president or other principal officer, or on the cashier,
treasurer, secretary, or chief clerk of such corporation, in the
manner hereinbefore provided.
SEC. 42. In actions for damages, occasioned by a trespass or
injury done by a corporation, if the officers aforesaid of such
corporation, or any of them, shall not reside in the county in
which such trespass or injury shall be committed, it shall be
lawful to serve the summons upon any officer or agent of the
corporation, at any office or place of business of the corpora-
tion within the county; or if there be no such office or place
of business, it shall be lawful to serve the summons upon the
president or other principal officer, cashier, treasurer, secre-
tary, or chief clerk, in any county or place where they may be
found.
AN ACT RELATING TO EXECUTIONS.
Approved idth Jime, 1836. (P. Z,., 1835-6, pages 77^ and 775".)
SECTION 72. All executions which shall be issued from any
court of record, against any corporation, not being a county,
township, or other public corporate body, shall command the
sheriff, or other officer, to levy the sum recovered, together
with the costs of suit, of the goods and chattels, lands and
tenements of such corporation, and such execution shall be
executed in the manner following, to wit: —
I. The officer charged with the execution of such writ shall
go to the banking-houses, or other principal office of such
corporation, during the usual office hours, and demand of the
president or other chief officer, cashier, treasurer, secretary,
chief clerk, or other officer having charge of such office, the
amount of such execution, with legal costs.
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II. If no person can be found on whom demand can be
made, as aforesaid, or if the amount of such execution be not
forthwith paid, in lawful money, after demand as aforesaid,
such officer shall seize personal property of said corporation,
sufficient to satisfy the debt, interest, and costs, as aforesaid.
III. If the corporation against which such execution shall
be issued be a banking company, and other sufficient personal
property cannot be found, such officer shall take so much of
any current coin, of gold, silver, or copper, which he may
find, as shall be sufficient to satisfy the debt, interest, and costs
as aforesaid.
IV. If no sufficient personal property be found, as aforesaid,
such officer shall levy such execution upon the real estate
of such corporation, and thereupon proceed in the manner
provided in other cases for the sale of land upon execution.
SEC. 73. In every case in which judgment shall have been
obtained against such corporation, except as aforesaid, and an
execution issued thereon shall have been returned unsatisfied,
in part or in whole, it shall be lawful for the court in which
such judgment shall have been obtained, upon the bill or
petition of the plaintiff in such judgment, to award a writ to
sequester the goods, chattels, and credits, rents, issues, and
profits, tolls and receipts, from any road, canal, bridge, or
other work, property, or estate of such corporation.
SEC. ,74. The court shall, upon the awarding any such writ,
appoint a sequestrator to execute the same and to take charge
of the property and funds taken or received by virtue of
such writ, and to distribute the net proceeds thereof among
all the creditors of such corporation, according to the rules
established in the case of the insolvency of individuals, and
such sequestrator shall have all the powers and be subject to
all the duties of trustees appointed under the law relating to
insolvent debtors : Provided, That in the case of any work in
the maintenance or repair of which the public may be inter-
ested, and which may from time to time require a portion of
the revenue thereof, as aforesaid, to be expended thereon, the
court which awards such writ shall make such allowances for
such purpose, and otherwise take such order thereon as the
public good shall require.
SEC. 75. The said court shall have power, at the time of
awarding any such writ, or afterwards, to make such orders
and decrees as may be necessary to carry the same into
full and complete effect, and they may also make all such
other orders and decrees in the premises, for the purpose of
giving full and effectual relief to all the creditors of such
corporation, as shall be agreeable to equity, and they may
enforce all such orders against all persons neglecting or
refusing to comply therewith, or obstructing the execution
thereof, or of such writ, by attachment or by a writ or writs
to the sheriff or coroner, in aid of the sequestrator, or other-
wise, as fully as a court of chancery might do.
AN ACT TO AUTHORIZE THE AUDITOR-GENERAL TO
INSTITUTE SUIT FOR THE COLLECTION OF ANY BAL-
ANCE WHICH MAY BE FOUND DUE FROM LAWRENCE
L. MINOR, LATE CLERK OF THE SENATE, AND FOR
OTHER PURPOSES.
Approved ijth April, 1838. (P. L., 1837-8, page 396.}
SECTION 5. That from and after the passage of this act, all
and every suit or action now pending, or that may hereafter
be brought by or against any canal or railroad company, in
any of the courts of this Commonwealth, and which now are
or hereafter shall be removed into a court of any other adja-
cent county, by virtue of the act of the I4th April, 1834,
relative to suits brought by and against canal and railroad
companies, the costs and expenses thereof shall be borne and
paid by the county in which such suit or action was brought ; and
that in all cases where the venire of any suit now depending
has been or may be changed, and where the venire of any suit
hereafter to be instituted may be changed, and where suits
are directed to be brought in any particular county, the costs
of summoning the jury and the pay of the jurors shall be
borne by the county in which the cause of action originated.
SEC. 6. It shall and may be lawful for the county commis-
sioners of the county into which any suit or action now is or
hereafter may be removed, by virtue of the above-recited act,
i6
to ask, demand, sue for, recover, and receive of the commis-
sioners of the county from which the same may or shall be
removed, all the costs and expenses incurred by the county to
which the same may have been removed as aforesaid.
A SUPPLEMENT TO THE ACT ENTITLED "AN ACT TO
INCORPORATE THE MIDDLEPORT AND PINE CREEK
RAILROAD COMPANY," AND FOR OTHER PURPOSES.
Approved i6th April, 1838. (P. L., 1837-8, pages 462, 463, and 464.}
SECTION 5. That the president and directors of Philadelphia,
Wilmington and Baltimore Railroad Company, and the presi-
dent and directors of any other railroad company, are hereby
authorized and empowered to unite such railroads as are
constructed and terminate in the county of Philadelphia, the
location of which is hereby confirmed, by curves, switch,
turning-platforms, or otherwise, so as to form a continuous
line of railroad with railroads of other companies in this
Commonwealth : Provided, That each company is entitled to
all the privileges and immunities which such company now
possess, have, and enjoy under their respective charters:
Provided, That no change shall be made in the location of the
curves, switches, turning-platforms, or other appurtenances of
said railroads, or any of them, within the county of Philadel-
phia, without the consent of the judges of the Quarter Sessions
of the County of Philadelphia.
SEC. 8. That if any person shall willfully and maliciously set
fire to, destroy, or injure any part of a locomotive or stationary
engine, engine-house, bridge, culvert, trestle-work, or other
building or structure belonging or appurtenant to any rail-
road constructed or located by this Commonwealth, or by
any company authorized by law to construct a railroad; or
shall willfully and maliciously obstruct any such railway, or
do any damage to the materials or any part thereof, or shall
put any timber, stone, iron, or other matter thereon, or do any
other act in relation to such railroad, whereby the lives of
persons or property employed or transported on the same
shall be endangered, such person or persons shall, upon
conviction of such offense, before any court of competent
jurisdiction, be sentenced to pay the damages caused by such
offense, and to be imprisoned in the jail of the proper county,
or in one of the penitentiaries in the State, for any term not
exceeding five years.
(Section eight repealed and supplied 3ist March, 1860.)
SEC. 9. That if any person shall wantonly derange or dis-
place the fixtures or machinery of any locomotive or stationary
engine or inclined plane, used or employed on any railroad
as aforesaid, or shall put in motion any machine, engine, car,
or other vehicle, upon or belonging to any such railroad,
without the consent of the person having the charge of the
same, or shall destroy or injure any fence or wall or cross-
road passing over or under such railroad, such person or
persons shall forfeit any sum not exceeding one hundred
dollars, and pay all damages caused by such offense; such
person or persons may also be prosecuted criminally, and on
conviction of the said offenses, or either of them, be sentenced
to imprisonment, not exceeding twelve months, in the jail of
the proper county.
(Section nine repealed and supplied 3ist March, 1860.)
SEC. 10. That if any person shall willfully and wantonly, with-
out the consent of the person having charge of any such railroad,
lead, drive, or cause to be led or driven, any horse, mule, ox,
sheep, swine, or other cattle on such railroad, or upon the
banks or sideways thereof, or haul any other vehicle than
railroad cars upon any such railroad, except at places con-
structed for crossing the same, or use any animal or vehicle
on such railroad, contrary to the regulations of the canal
commissioners, or of the board of managers or directors, as
the case may be, such person or persons shall forfeit twenty-
five dollars, and pay all damages arising from such offense.
SEC. 1 1. No person shall construct any building, wharf, plat-
form, switch, sideway, lateral railroad, or crossing-place, or
make or apply any device whatever on the ground set apart for,
or belonging to or forming part of, or on the banks or excava-
tion of any railroad as aforesaid, without permission given under
the authority of the canal commissioners, or of the managers
18
of the proper railroad company, as the case may be, which
permission shall only be given in writing, by a person duly
authorized for that purpose; and if any person shall commence
or make any such construction or device without such per-
mission, or shall not conform to the direction of the proper
officer or agent in the case, in the construction of such
building, wharf, platform, switch, sideway, lateral railroad,
crossing-place, or device, as aforesaid, such person shall, for
every such offense, forfeit and pay a sum not exceeding one
hundred dollars, and the officer or agent having charge of
such railroad may, at the expense of such person, remove
and destroy every such structure or device as aforesaid:
Provided, That nothing in this act shall prevent any corpora-
tion authorized to make a railroad, or individual owning land
contiguous to a railroad, from laying rails on his or their land
and connecting the same with such railroad, in such manner
as shall be directed by the managers thereof.
RESOLUTION RELATIVE TO CHANGING THE LOTS AT-
TACHED TO CERTAIN LOCK-HOUSES ON THE JUNIATA
DIVISION OF THE PENNSYLVANIA CANAL, AND RELA-
TIVE TO OTHER PURPOSES.
Approved ijth April, 1838. (P. L., 1837-8, pages 695 and 696.)
Resolved, That all companies hereafter incorporated for the
construction of canals, railroads, or other works of internal
improvement in the State of Pennsylvania, shall cause correct
topographical maps to be made, showing accurately the loca-
tion of their works, together with accurate profiles of the
ground; the said maps and profiles shall be made on a uniform
scale, to be designated by the canal commissioners, and shall
be deposited in the office of the said commissioners, at Harris-
burg; and the said companies shall further cause a complete
and correct set of drawings to be made, exhibiting the plans,
profiles,' and elevations of all important constructions upon
their respective works, accompanied by the proper specifica-
tions and bills of materials ; the plans shall be of uniform size,
and bound together in the form of a book, which shall be
19
deposited in the office of the canal commissioners, and that the
canal commissioners be directed to request all canal and rail-
road companies heretofore incorporated to furnish and deposit
in their office, as far as practicable, similar maps, profiles, and
drawings, as is herein provided in relation to companies here-
after to be incorporated.
A SUPPLEMENT TO THE ACT ENTITLED "AN ACT REGU-
LATING LATERAL RAILROADS."
Approved 28th March, 1840. (P. L., 1839-40, pages 196 and 197.)
SECTION i. That the several provisions of the act entitled
"An act regulating lateral railroads," passed May 5th, Anno
Domini one thousand eight hundred and thirty-two, shall ex-
tend to the counties of Northampton, Lehigh, and Cambria ;
also, to the owner or owners of land, mills, quarries, coal or
other mines, lime-kilns or other real estate in the vicinity of
any railroad, canal, or slackwater navigation made or to be
made hereafter by any company, individuals, or by the State
of Pennsylvania : Provided, That if the parties interested cannot
agree upon the mode, manner, or point of connection with such
railroad, canal, or slackwater navigation, the same shall be
determined by the jury to be appointed by virtue of the pro-
visions of the first section of the act to which this is a supple-
ment.
SEC. 2. That from and after the passage of this act it shall
and may be lawful for any person or persons, company or
companies, now or hereafter to be incorporated in this Common-
wealth, to construct railroads with one or more tracks, under
the surface, over any intermediate lands, not exceeding six
miles in length, to or from any coal or iron or other mines,
quarries, lime-kilns, or other real estate, and connect the same
with any railroad or railroads belonging to any individual or
individuals, company or companies, now or hereafter to be
incorporated in this State, and also with any highway or public
improvement: Provided, That the parties interested shall in*
cases be subject to the same proceedings required under
* " Such" evidently being omitted from original act.
2O
the act of May 5th, Anno Domini one thousand eight hundred
and thirty-two, an act regulating lateral railroads : Provided fur-
ther, That if the parties interested cannot agree upon the mode,
manner, or point of connection with such railroad or railroads,
the same shall be determined by the jury to be appointed by
virtue of the provisions of the first section of the act last afore-
said: Provided, That so much of the act to which this is a
supplement as prohibits a writ of error or appeal shall be and
the same is hereby repealed.
(Repealed as to Cambria county, 2ist April, 1846.)
AN ACT TO REPEAL PART OF AN ACT SUPPLEMENTARY
TO THE ACT ENTITLED "AN ACT LIMITING THE TIME
DURING WHICH JUDGMENTS SHALL BE A LIEN ON REAL
ESTATE, AND SUITS MAY BE BROUGHT AGAINST THE
SURETIES OF PUBLIC OFFICERS," AND TO RENDER CER-
TAIN APPEALS FROM AWARDS OF ARBITRATORS VALID,
AND FOR OTHER PURPOSES.
Approved nth February, 1841. (P. L., 1841, page 24.}
SECTION 3. That so much of the act entitled "An act relative
to suits brought by and against canal and railroad companies,"
approved the fourteenth day of April, 1834, as is applicable
to actions brought on contracts, express or implied, be and
the same is hereby repealed ; and all such actions as have been
removed in pursuance of such act and still pending be returned
for trial to the court in which they were respectively com-
menced.
A FURTHER SUPPLEMENT TO THE ACT ENTITLED "AN
ACT REGULATING LATERAL RAILROADS."
Approved 1 2th February, 1842. (P. L.t 1842, page 18.}
SECTION i. That the several provisions of the act entitled
"An act regulating lateral railroads," passed May 5th, Anno
Domini one thousand eight hundred and thirty-two, and of
the several supplements thereunto, shall extend to the counties
of Tioga and Columbia.
21
AN ACT AUTHORIZING JOHN PRALL TO SELL AND CON-
VEY CERTAIN REAL ESTATE IN BUCKS COUNTY.
Approved 2ist March, 1842. (/». L., 1842, pages 145 and 146.)
SECTION 8. That hereafter, when any action is commenced
by any person or persons, or bodies corporate, against an in-
corporated railroad or canal company, in any county in which
the corporate property of such company is wholly or in part
situated, it shall be lawful, if the president, treasurer, secretary,
or chief clerk of such corporation does not reside or cannot be
found in such county, for the sheriff or other officer to whom
such process is directed, to serve the same on any manager or
director of such company, being in such county, and the ser-
vice so made shall be deemed sufficient, and in case no director
or manager can be found in the county, it shall be lawful for
such officer to go into an adjoining county to serve the process
as hereinbefore stated.
AN ACT TO AUTHORIZE THE COURT OF COMMON PLEAS
OF LUZERNE COUNTY TO APPOINT AUDITORS IN CER-
TAIN CASES, AND FOR OTHER PURPOSES.
Approved i6th July, 1842. (P. L., 1842, page 395.)
SECTION 13. That in all cases for the assessment of damages
caused by the construction of canals or railroads by incorpo-
rated companies in this Commonwealth, if the viewers or a
jury shall find for the plaintiff any sum of damages, such
award or verdict, on the rendition of judgment, shall carry
costs, unless there may be some provision in the act incorpo-
rating such company to the contrary.
AN ACT TO INCORPORATE THE LIBERTY FIRE COMPANY,
OF HOLMESBURG, IN THE COUNTY OF PHILADELPHIA.
Approved 26th July, 1842. (P. L., 1842, page 434.}
SECTION n. That whenever any railroad or canal company
has borrowed money, and given to the lender thereof a bond
22
or other evidence of indebtedness in a larger sum than the
amount actually received, such transactions shall not be
deemed usurious, or in violation of any law of this Common-
wealth prohibiting the taking of more than six per cent, interest
AN ACT ANNEXING THE COUNTY OF SCHUYLKILL TO
THE EASTERN DISTRICT OF THE SUPREME COURT,
AND FOR OTHER PURPOSES.
Approved 2d August, 1842. (P. L., 1842, page 459.}
SECTION 3. That the Select and Common Councils of the
City of Philadelphia be and they are hereby authorized and
empowered to pass ordinances to require the owners or agents
of cars traveling on the railroads in Broad, High, Third, and
Dock streets, in the city of Philadelphia, to deliver a certificate
of the contents of each car and the number of passengers con-
veyed therein and of the distance they have been conveyed
on said railroads, and to require the owners or agents of such
cars to pay toll for the same : Provided, That the toll charged
shall be the same toll as may be charged on the Pennsylvania
Railroad (and that all distances under half a mile shall be
charged as half a mile, and all distances over half a mile and
under one mile shall be charged as one mile).
SEC. 4. That it shall be lawful for the mayor, aldermen, and
citizens of Philadelphia, to provide for the punishment of any
person or persons who shall refuse or omit to comply with the
provisions of the ordinances which may be enacted by virtue
of this act, by imposing a fine, to be recovered in the same
manner as penalties for the violation of the ordinances of the
city of Philadelphia are now by law recoverable.
(Mileage changed I3th May, 1856, to actual distance.)
RESOLUTION TO PROTECT LABORERS AND CONTRACTORS,
Approved 21 st January, 1843. (P. L., 1843, page 36"].}
Resolved, That from and after the passage of this resolution,
it shall not be lawful for any company incorporated by the
23
laws of this Commonwealth, and empowered to construct,
make, and .manage any railroad, canal, or other public inter-
nal improvement, while the debts and liabilities, or any part
thereof incurred by the said company to contractors, laborers,
and workmen employed in the construction or repairs of said
improvement remain unpaid, to execute a general or partial
assignment, conveyance, mortgage, or other transfer, of the
real or personal estate of the said company, so as to defeat,
postpone, endanger, or delay their said creditors, without the
written assent of the said creditors first had and obtained ; and
any such assignment, conveyance, mortgage, or transfer shall
be deemed fraudulent, null, and void, as against any such con-
tractors, laborers, and workmen, creditors as aforesaid.
AN. ACT TO CONFER UPON THE ORPHANS' COURT OF
LANCASTER COUNTY CERTAIN POWERS IN RELATION
TO THE REAL ESTATE OF JOHN LINDEMUTH, DECEASED,
AND FOR OTHER PURPOSES.
Approved 4th April, 1843. (P. L., 1843, page 132.}
SECTION 3. That the several courts of quarter sessions of
this Commonwealth are hereby empowered, on petition of the
parties in interest, to change the corporate name, style, and
title of any corporation within their respective counties.
(Repealed 2Oth April, 1869, and common pleas authorized.)
AN ACT TO INCORPORATE THE BUTLER COUNTY MUTUAL
INSURANCE COMPANY, AND FOR OTHER PURPOSES.
Approved 24th April, 1843. (P. L., 1843, pages 361 and 362.}
SECTION 10. That when the owners of any railroad, consti-
tuted under an act of this Commonwealth, possess the landing
at the termination of the said railroad, where it joins any canal
or other navigation, and. any lateral railroad shall be con-
structed to connect with said railroad for the purpose of con-
veying any mineral or other productions to the said navigation,
24
and the owners of the said landing shall refuse to permit the
trade of the said lateral railroads to make use of the said
landing, upon the payment of a suitable compensation, it shall
be the duty of the court of common pleas of the proper county,
upon application of the party aggrieved, to direct the sheriff
to summon a jury of five disinterested men from the proper
county, who, being duly sworn or affirmed, shall examine the
premises, and if they shall find that the landings are of suffi-
cient capacity to accommodate the trade of the lateral railroad,
in addition to the trade of the main railroad, they shall mark
off a portion of the land to be allotted thereto, and fix upon a
compensation suitable therefor, either in fee simple or as an
annual rent, or a price per ton for the use of the same, and
shall make return thereof to the court, who shall thereupon,
if the report be approved by them, direct the said landing to
be opened to the use of the public, upon the payment of the
price assessed by the said jury, — an appeal to the superior [court]
being allowed as in other cases ; and the jury shall be allowed
the same compensation as jury upon county roads, to be paid
by the party applying for the landing.
AN ACT FURTHER TO REGULATE PROCEEDINGS IN
COURTS OF JUSTICE, AND FOR OTHER PURPOSES.
Approved 6th May, 1844. (P. L., 1844, page 565.}
SECTION 5. That in all cases where acts creating railroad or
canal companies, security to the owners of lands through
which any canals and railroads may pass is required to be
given, and approved by any of the courts in the counties
where such lands lie, — said security may be given and approved
of by any two of the judges of said courts during vacation :
Provided, That at least five days' notice shall first be given to
the owners of such lands, or their known agent or attorney, of
the time and place of offering such security, and the names of
the sureties to be offered.
25
AN ACT FIXING THE CONSTRUCTION OF CERTAIN ACTS
OF ASSEMBLY IN RELATION TO THE RIGHTS OF PRI-
VATE PROPERTY.
Approved loth March, 1845. (P. L., 1845, page 126.}
SECTION i. That the fourth section of the seventh article of
the Constitution of Pennsylvania, which directs that the legis-
lature shall not invest any corporate body or individual with
the privilege of taking private property for public use, without
requiring such corporation or individual to make compensa-
tion to the owners of said property, or give adequate security
therefor before such property shall be taken, shall be deemed
to apply to all acts of assembly passed, or that may be passed
during the present session of the legislature, as fully and effectu-
ally as if the same were incorporated in said act.
AN ACT CONCERNING BAIL AND ATTACHMENTS.
Approved 2Oth March, 1843. (P. Z,., 1845, page 188.)
SECTION i. That in lieu of the bail heretofore required by
law, in the cases herein mentioned, the bail in cases of appeal
from the judgments of aldermen and justices of the peace,
and from the awards of arbitrators, shall be bail absolute, in
double the probable amount of costs accrued and likely to
accrue in such cases, with one or more sufficient sureties,
conditioned for the payment of all costs accrued or that may
be legally recovered in such cases against the appellants.
AN ACT CONCERNING BAIL AND ATTACHMENTS.
Approved 2Oth March, 1845. (P. L., 1845, page 189.}
SECTION 4. That so much of the act of assembly passed
sixteenth day of June, 1836, entitled "An act relating to
executions," as provides for the levy and recovery of stock,
deposits, and debts due to defendants by process of attach-
ment and scire facias, is hereby extended to all cases of attach-
ments to be issued upon judgments against corporations
26
(other than municipal corporations), and from and after the
passage of this act all such process which hereafter may be
issued may be proceeded in to final judgment and execution,
in the same manner and under the same rules and regulations
as are directed against corporations by the provisions of the
act of 1 6th June, 1836, relating to executions; and that so
much of the thirty-sixth section of the act of i6th June, 1836,
as requires service of the attachment on any defendant, be
and the same is hereby repealed, except where the defendant
is a resident of the county in which the attachment issued.
AN ACT RELATIVE TO THE OBSTRUCTING OF THE CROSS-
INGS OF PUBLIC ROADS BY LOCOMOTIVES AND CARS.
Approved 2oth March, 1845. (P. L., 1845, pages iqi and 192?)
SECTION i. That it shall not be lawful for any railroad com-
pany to block up the passage of any crossings of public streets
or roads, or obstruct the said crossings with their locomotives
or cars ; and if any engineer or other agent of any such rail-
road company shall obstruct or block up such crossings, he
or they shall be subject to a penalty of twenty-five dollars, to
be recovered with costs, in the name of the Commonwealth of
Pennsylvania, before a justice of the peace; one-half of such
penalty shall be paid to the informer or informers, and the
remaining half shall be paid into the treasury of the Common-
wealth : Provided, That in the event of the said engineer or
agent being unable to pay the said penalty, then and in that
case the said railroad company employing the said engineer
or agent shall pay the penalty aforesaid.
AN ACT TO RELIEVE CANAL AND RAILROAD COMPANIES
FROM PENALTIES FOR NOT PERFORMING CERTAIN
ACTS ON THE SABBATH DAY.
Approved nth April, 1845. (P. L., 1845, page 364.}
SECTION i. That no part of any act of assembly heretofore
passed shall be construed to require any canal or railroad
27
company to attend their works on the Sabbath days, for the
purpose of expediting or aiding the passage of any boat, craft,
or vehicle along the same; any clause or clauses in their
respective charters, imposing a penalty for not aiding boats,
crafts, or vehicles to pass within a certain time, to the con-
trary notwithstanding.
AN ACT TO INCREASE THE REVENUES AND DIMINISH THE
LEGISLATIVE EXPENSES OF THE COMMONWEALTH.
Approved i6th April, 1845. (P. L., 1845, page 535.)
SECTION 12. That hereafter it shall be lawful to commence
and prosecute to final judgment and execution, in the Court
of Common Pleas of Dauphin county, suits against any and
all persons who are or may hereafter be officers of any
description whatsoever within this Commonwealth, appointed
by the governor or by the board of canal commissioners or
elected by either house of the legislature or by both houses
in joint ballot, and who shall become defaulters in not paying
over or accounting for money in their hands due and belong-
ing to the Commonwealth, and against their sureties, in the
same manner and with like effect as if the said defaulting
persons and officers and their sureties were residents of the
said county of Dauphin; and for this purpose, all necessary
writs of summons, writs of fieri facias, writs of fieri facias
with clause of attachment, to attach debts owing and stocks,
as practiced in other cases, and writs of venditioni exponas,
and alias and pluries writs of the same kind, may issue from
the said court into any county, and at the same time, if
deemed necessary, into the several counties of this Common-
wealth, there to be transmitted by mail to the sheriff or
coroner, as the case may require, whose duty it shall be to
execute the same, and make return thereof in the same
manner as is now practiced in relation to testatum writs.
28
AN ACT FIXING THE CONSTRUCTION OF CERTAIN ACTS
OF ASSEMBLY IN RELATION TO THE RIGHTS OF PRI-
VATE PROPERTY.
Approved 2oth April, 1846. (P. L., 1846, page 407.}
SECTION i. That the fourth section of the seventh article
of the Constitution of Pennsylvania, which directs that the
legislature shall not invest any corporate body or individual
with the privilege of taking private property for public uses,
without requiring such corporation or individual to make
compensation to the owners of said property, or give adequate
security therefor, before such property shall be taken, shall
be deemed to apply to all acts of assembly passed, or that
may be passed, during the present session of the legislature,
as fully and effectually as if the same were incorporated in
said act.
A SUPPLEMENT TO THE LAW RELATING TO DEFAULT-
ING PUBLIC OFFICERS.
Approved 21 st April, 1846. (P. L., 1846, page 414.}
SECTION 4. That in all suits hereafter brought in any court,
under the provisions of this act, or the act to which this is
supplementary, the attorney officiating for the Commonwealth
shall file a declaration along with the prczcipe, and judgments
shall be entered therein, and the sums be liquidated by the
respective prothonotaries, as aforesaid, immediately after thirty
days from the return of the writ in each case, unless before
that time the defendants shall have filed an affidavit of
defense and shall have put the cause to issue, as is directed
in the second section of this act in suits heretofore brought ;
and all causes so put to issue shall be put down for trial at
the next succeeding court of common pleas in each county,
and shall, until the same are tried or ended, be placed on the
trial list, and have the preference over all other causes.
29
A SUPPLEMENT TO THE ACT ENTITLED "AN ACT RE-
LATING TO ROADS, HIGHWAYS, AND BRIDGES."
Approved 2ist April, 1846. (P. L., 1846, page 417.}
SECTION 3. That the act of the 5th of May, 1832, entitled
"An act regulating lateral railroads," and the supplement
thereto of March 28th, 1840, be and the same is hereby
repealed, so far as they relate to the county of Cambria.
AN ACT RELATING TO ARBITRATIONS.
Approved 24th February, 1847. (f- £•> I847*Pa£e I53-}
WHEREAS, Great inconvenience and embarrassment are often
experienced in the trial of suits between contractors and
laborers and workmen employed in the construction or
repairs of railroads and canals, by companies incorporated by
the laws of this Commonwealth and empowered to construct
such railroads and canals, and such incorporated companies,
by reason of the want of power in arbitrators in actions
depending before them, to compel the production of books
and papers which contain evidence pertinent to the issue;
therefore,
SECTION I. That from and after the passing of this act,
arbitrators shall have power in any action depending before
them, between any contractors, laborers, or workmen, and any
company incorporated by the laws of this Commonwealth,
and empowered to construct, make, and manage any railroad,
canal, or other public internal improvement, to require either
party to produce any books or writing, in their possession or
power, which contain evidence pertinent to the issue; and if
such party shall fail to produce such books or writings, or to
satisfy said arbitrators why the same is not in their power so
to do, it shall be lawful for the said arbitrators to find an award
against such party, if plaintiff, of no cause of action ; if
defendant, for such sum as the plaintiff, his agent or attorney,
shall make oath or affirmation is justly due, according to the
best of his knowledge and belief: Provided, That before such
30
requirement shall be made by such arbitrators, it shall be
proved to their satisfaction, on oath or affirmation, that clear
and distinct notice in writing shall have been given to pro-
duce such books or writings at least ten days previous thereto.
AN ACT REQUIRING BANKS AND OTHER CORPORATIONS
TO GIVE NOTICE OF UNCLAIMED DIVIDENDS, DEPOSITS,
AND BALANCES IN CERTAIN CASES.
Approved 6th March, 1847. (P. L., 1847, pages 222 and 223.)
SECTION i. That each of the banks, savings institutions,
loan companies, and insurance companies, and each and every
other of the companies, institutions, or associations incor-
porated by or under any law of this Commonwealth, and
legally authorized to declare and make dividends of profits
amongst the stockholders thereof, shall, in the month of
December of the present year, and annually thereafter, cause
to be published, for four successive weeks, in one or more
public newspapers having the largest circulation, printed in
the city or county in which such bank, savings institution,
loan company, insurance company, or other company, institu-
tion, or association may be located, or in which its principal
office or place of business may be situated, a true and accurate
statement, verified by the oath or affirmation of the cashier or
treasurer thereof, of all dividends or profits declared on its
capital stock, which, at the date of such settlement, shall have
remained unclaimed by the person, copartnership, or corpora-
tion authorized to receive the same for the period of three
years then next preceding; which said statement shall set
forth the names, and if known, the residence and business of
the persons, copartnerships, or corporations in whose favor
said dividends or profits may have been declared, the amount
of such dividends or profits and the number of shares in the
capital stock upon which the same had accrued.
SEC. 2. That each of the said banks, savings institutions,
and loan companies, and each and every saving fund society,
insurance, or trust company, or other company, institution, or
association, incorporated as aforesaid and legally authorized
to receive deposits of money, shall, in the said month of
December of the present year, and annually thereafter, cause
to be published in like manner and for the same period, a
statement, verified as aforesaid, of the names, and, if known,
the residence and business of all persons, copartnerships, or
corporations who have made deposits therein, or have balances
due them, and who have not, within the three years then next
preceding the date of said statement, either increased or
diminished the amount of such deposits or balances, or re-
ceived any interest thereon, with the dates when such deposits
were made or balances accrued, the amount thereof, and the
amount of interest, if any, accruing thereon.
SEC. 3. If any such bank, savings institution, loan company,
insurance company, or other banking institution or associa-
tion, incorporated as aforesaid, shall neglect or refuse to pub-
lish the statement hereinbefore required to be published, the
same, and the cashier or treasurer thereof, in his individual
capacity, shall be liable to the party in whose name such
unclaimed dividend, profit, deposit, or balance may stand, or
to his, her, or their legal representatives for the amount there-
of, with interest thereon, at the rate of twelve per cent, per
annum from the date of such dividend, profit, deposit, or
balance until paid, recoverable by action of debt, as in other
cases: Provided, That nothing herein contained shall be so
construed as to require the publication of any such unclaimed
dividends or profits amounting to less than five dollars, nor
such unclaimed deposits or balances amounting to less than
ten dollars.
SEC. 4. That at the expiration of three years after the first
publication of any particular dividend or profits, balance or
deposit, with the interest that has accrued thereon, as provided
for by the first and second sections of this act, such dividend
or profit, balance or deposit, with the interest that has accrued,
if not demanded within that time by the rightful owner or
owners thereof, or their legal representatives, shall escheat to
the Commonwealth, and shall be paid into the treasury there-
of, without discount or deduction for commissions, fees, or
expenses of any description, by the cashier, treasurer, or other
32
proper officer of said bank, savings institution, loan company
insurance company, saving fund society, or other company,
institution, or association in which such dividend or profit,
balance or deposit, shall have remained without being de-
manded, as aforesaid, or without being increased or diminished
for the length of time aforesaid; and the said bank, savings
institution, loan company, insurance company, saving fund
society, or other company, institution, or association, as the
case may be, shall thereupon be discharged from any obliga-
tion or liability to pay over such dividend or profit, balance
or deposit, or interest thereon, to the owner or owners thereof;
that the said owner or owners, or their legal representatives,
upon application to the State treasurer for the time being, and
producing satisfactory proof to that officer of his, her, or their
right to such dividend or profit, balance or deposit, with the
interest thereon, paid into the treasury, as aforesaid, or any
part thereof, shall receive from the Commonwealth the amount
he, she, or they shall be found legally or equitably entitled to :
Provided, That the expense of the publication or publications
required by this act shall be paid out of such dividend or
profit, balance or deposit, so published.
AN ACT RELATING TO CERTAIN CORPORATIONS.
Approved i^th March, 184.7. (^ •£-•> I847>Pages 333 an^ 334'}
WHEREAS, Certain corporations deriving their charter from
the Commonwealth of Pennsylvania, in cases where a majority
of the board of managers are resident out of the State, or
the chief officer for the transaction of the business of such
corporation is located out of the State, have it in their power
to evade, and in some cases have evaded, the laws of this
Commonwealth, subjecting the stock and property of such
corporations to taxation ; and to escape and evade their amena-
bility to the laws of this Commonwealth, for misuser or
neglect of their corporate duties and liabilities, and other
violations of th'e provisions of their charters ; therefore,
33
SECTION i. That it shall be the duty of any and every railroad
or canal company, incorporated by this Commonwealth, whose
works and property are principally located within this State,
in all elections for president, managers, directors, or other
officers of said companies, having the control and direction of
the works or affairs of such company, held at any time after
the passage of this act, to hold their elections at some place,
to be determined upon by the board of managers, in this State,
and to elect a majority of citizens, resident within this State,
as managers or directors of their said companies respectively,
of which majority the president shall in all cases be one; and
it shall be the duty of the respective boards of such corpora-
tions so elected to establish their principal office for the
transaction of their corporate business in some convenient
place within this State, and not elsewhere, within one month
after their election as aforesaid ; and any election not made in
conformity to the directions of this act shall be void.
SEC. 2. That upon the failure of any company, incorporated
and situated as aforesaid, to elect officers in accordance with
the provisions of this" act, and to establish their office as herein
directed, it shall be the duty of the governor to nominate to
the canal commissioners seven persons, stockholders of such
company, resident within this State, fitted to conduct the affairs
of the said company failing as aforesaid; and if the said com-
missioners shall approve of the persons so named, they shall
confirm their appointment as directors of such company; and
if any of the persons so nominated shall not be approved by
the said commissioners, others shall be nominated in such case
by the governor aforesaid, till the required number shall be
approved; and the like course shall be pursued if any stock-
holder so appointed shall refuse to serve; in such case a
proper person, not a stockholder, may be nominated and ap-
pointed as aforesaid in his place; and when the number is
complete as aforesaid, the directors so appointed shall elect
one of their number president of the board, and shall also elect
a treasurer of the said company; and it shall be the duty of
the directors aforesaid to take charge of the works and property,
books, papers, and documents of the said company, and con-
duct the business thereof, under the provisions, regulations,
34
and directions of the charter thereof, and with the same
liabilities, duties, and responsibilities as a board regularly
elected under the provisions of the charter would be liable to
do, and with like powers and authorities ; and the said directors
shall continue to hold possession of the works of said com-
pany, and to execute their duties as aforesaid, until a board
shall be regularly elected by the company, in accordance with
the provisions of this act; and upon such election, the said
directors appointed as aforesaid, in charge of the works as
aforesaid, shall deliver up to the said board elected as aforesaid,
within one month after they shall, by resolution, have deter-
mined to comply with the requirements of this act, a copy of
which resolution shall be delivered to the directors aforesaid,
all and singular the works, property, books, papers, arid
documents of the said company, or having any connection
therewith, and all funds not necessarily expended in the dis-
charge of the expenses incident to the conducting of the affairs
of the said company, and in payment of its liabilities : Provided,
That the person who shall act as treasurer of such company
shall give bond with security, to be approved by the court of
common pleas of the county in which the works of the com-
pany shall be principally situated, in such sum as the said
court shall direct; and shall keep books, in which the whole
receipts and disbursements of the company shall be fully set
forth and exhibited.
AN ACT IN REFERENCE TO RUNNING OF LOCOMOTIVE-
ENGINES AND CARS ON CONNECTING RAILROADS.
Approved i^th March, 1847. (P. L., 1847, Page337-}
SECTION I. That in all cases where two railroads in this
Commonwealth are or shall be connected, it shall be lawful for
the company owning either of the said railroads (with the con-
sent of the company owning the other of the said railroads) to
run its cars and locomotive-engines upon the said other railroad,
and to erect water-stations and other buildings for the due ac-
commodation of the cars and engines employed thereon:
35
Provided, That nothing herein contained shall be construed or
interpreted to release or exonerate any company owning a
railroad from the obligation and duty which may be now
imposed by existing laws, of transporting, subject to the rules
and regulations of said companies, by locomotive steam-
engines, the cars, whether loaded or empty, of all persons and
companies who may require such transportation over and
along so much and such parts of their railroad as locomotive
steam-engines shall be run upon, whether they be run by the
company owning the road or by any other company.
AN ACT TO REQUIRE CORPORATIONS TO GIVE BAIL IN
CERTAIN CASES, AND RELATIVE TO THE COMMENCE-
MENT OF SUITS AGAINST FOREIGN CORPORATIONS, TO
THE ACCOUNTS OF JOHN SLOAN, LATE TREASURER OF
LYCOMING COUNTY, AND PITTSBURG AND CONNELLS-
VILLE RAILROAD COMPANY.
Approved i$th March, 1847. (P. L., 1847, pages j6f and 362.)
WHEREAS, Doubts have arisen in regard to the effect of the
first section of the act entitled "An act concerning bail and
attachments, passed 2Oth March, 1845, and as to the bail re-
quired to be given by corporations in cases of appeal and writs
of error since the passage of the said act; therefore,
SECTION i. That from and after the passage of this act, when
any corporation (municipal corporations excepted), being sued,
shall appeal or take a writ of error, the bail requisite in that
case shall be taken absolute, for the payment of debt, interest,
and costs on the affirmance of the judgment.
SEC. 2. That in all cases where any company has been incor-
porated by this Commonwealth, and the principal office for the
transaction of business thereof shall be located out of this
State, or where the president, treasurer, cashier, or other prin-
cipal officer of such company shall reside out of this State,
it shall be lawful to sue such company in any county of this
State where the works of such company shall be located, or
adjoining thereto, or where any director, manager, or other
officer of such company shall reside; and service of legal
36
process upon such director, manager, or other officer shall be
valid and effective upon said company, and such company
shall be taken, both in law and in equity, for every purpose of
legal proceeding, to be located in this State; and shall also be
liable to the writs of quo warranto, mandamus, attachment,
and execution ; and service of such writ upon any manager,
director, or other officer of such company shall be, to all
intents and purposes, as effective as if served upon the
president of such company, and he resident of this State, and
as if the locality of such company's office were within this
State; and any property of any description of such company,
which would be liable to attachment or execution, if the same
were located in this State, shall be taken to be in this State
for such purpose ; and shall be liable to levy and sale, in the
same manner as if the officers of said company were located
in the county of this State in which the same is made liable
to be sued by the provisions of this act.
A SUPPLEMENT TO THE ACT OF 5th MAY, 1832, ENTITLED
"AN ACT REGULATING LATERAL RAILROADS."
Approved 6th January, 1848. (P. L., 1848, pages i and 2.)
SECTION I. That the provisions of the act of the 5th of May,
1832, entitled "An act regulating lateral railroads," and the
supplement thereto, passed twenty-eighth day of March,
1840, be and the same is hereby extended to the counties of
Dauphin, Allegheny, Bedford, Blair, and Washington, and
shall be so construed as to authorize the construction of lateral
railroads, either under or over the surface of any intervening
lands, subject to the restrictions of the act to which this is a
supplement.
SEC. 2. The rights and privileges conferred by the act to
which this is a supplement are hereby extended to the owner
and owners of coal and iron mines, situated in the township of
Denison, Luzerne county, more than six miles from the Lehigh
navigation, and not more than ten miles from the same.
37
SEC. 3. The rights and privileges as to the acquisition of
landings and wharves conferred by the tenth section of the act
entitled "An act to incorporate the Butler County Mutual
Insurance Company, and for other purposes," passed the
twenty-fourth day of April, Anno Domini one thousand eight
hundred and forty-three, upon certain persons therein men-
tioned or described, shall be extended to all persons proceeding
to procure the right to make a lateral railroad under the
authority of the act to which this is a supplement, so that they
shall be enabled to procure landings or wharves for a compen-
sation, of the owner or owners of land, whether said owner
or owners of land have any interest in any railroad or not;
and the powers and duties conferred upon the jury authorized
by the said tenth section are hereby conferred upon the viewers
which may be appointed under the authority of said act,
to which this is a supplement: Provided, That no landing,
wharf privilege, or franchise shall be taken from the owner
thereof, if in the opinion of the viewers aforesaid such landing,
wharf privilege, or franchise is necessary to the use and enjoy-
ment of the owner of any mill, quarry, lime-kiln, coal-mine, or
other real estate adjoining any navigable stream or slackwater
navigation.
AN ACT FOR THE RELIEF OF WILLIAM BURNS AND
OTHER SOLDIERS AND WIDOWS OF SOLDIERS OF THE
REVOLUTIONARY AND INDIAN WARS, AND IN REFER-
ENCE TO ACTS OF INCORPORATION AND SUPPLE.
MENTS THERETO, PASSED AT THE PRESENT SESSION
OF THE LEGISLATURE.
Approved nth April, 1848. (P. L., 1848, page 509.)
SECTION 7. That nothing contained in any act passed during
the present session incorporating any company or extending
the powers of any incorporated company, shall be construed
to authorize any such company to take private property with-
out making compensation therefor, or securing it agreeably to
the provisions of the Constitution ; and the said act shall be
taken and construed as if the constitutional provision was
expressly inserted therein.
38
AN ACT TO AUTHORIZE MARGARET PARTHEMORE * *
AND RELATIVE TO LATERAL RAILROADS, &c.
Approved nth April, 1848. (P. L., 1848, page j"/<5.)
SECTION 4. That so much of the twelfth section of the act
regulating lateral railroads, passed the fifth day of May,
1832, as limits the provisions of said act to the counties of
Lycoming, Luzerne, Schuylkill, and Northumberland, be and
the same is hereby repealed ; and the provisions of the act
aforesaid, and the several supplements thereto, be and the
same are hereby extended throughout the Commonwealth, as
well to all lands lying in the vicinity of any navigable river
as to lands lying in the vicinity of any railroad, canal, or
slackwater navigation.
AN ACT REGULATING RAILROAD COMPANIES.
Approved iqth February, 1849. (P- £•> T^9, Pa£e 79-)
SECTION i. That whenever a special act of the general
assembly shall hereafter be passed, authorizing the incorpora-
tion of a company for the construction of a railroad within
this Commonwealth, the commissioners named in such act, or
any five of them, shall have power to open books for receiving
subscriptions to the capital stock of such company, at such
time or times, and at such place or places, as they may deem
expedient, after having given at least twenty days' notice in one
or more newspapers published in the county where books of
subscription are to be opened ; and at the times and places so
designated and named in the public notices to be given, as
aforesaid, the said commissioners, or any two of them, shall
attend and furnish to all persons duly qualified, who shall offer
to subscribe, an opportunity of so doing; and it shall be lawful
for all such persons, and for all firms and copartnerships, by
themselves or by persons duly authorized, to subscribe for
shares in said stock; and the said books shall be kept open at
least six hours in every day, for the term of three juridical
days, or until there shall have been subscribed the whole
39
number of shares authorized by the special act ; and if, at the
expiration of three days, the books aforesaid shall not have
the number of shares therein subscribed, the said commissioners
may adjourn from time to time, and to such places as they
may deem proper, until the whole number of shares authorized,
as aforesaid, shall be subscribed ; of which adjournment, the
commissioners aforesaid shall give such public notice as the
occasion may require ; and when the whole number of shares
shall be subscribed the books shall be closed: Provided
always, That no subscription for such stock shall be valid
unless the party or parties making the same shall, at the time
of subscribing, pay to the said commissioners five dollars on
each and every share subscribed, for the use of the company.
SEC. 2. That when ten per centum on the capital stock, as
provided by any special act of incorporation, shall have been
subscribed, and five dollars paid on each and every share, as
aforesaid, the said commissioners, or such of them as shall have
acted, shall certify to the governor, under their hands and
seals, the names of the subscribers and the number of shares
subscribed by each, and that five dollars on each share have
been paid, whereupon the governor shall, by letters patent,
under his hand and the seal of the Commonwealth, create and
constitute the subscribers, and if the subscription be not full
at the time, those who shall thereafter subscribe to the number
of shares aforesaid, their successors and assigns, into a body
politic and corporate, in deed and in law, by the name, style,
and title designated by the special act of assembly ; and by
the said name, style, and title the said subscribers shall have
perpetual succession, with all the privileges, franchises, and
immunities incident to a corporation, and be able to sue
and be sued, plead and be impleaded, in all courts of record
and elsewhere, and to purchase, receive, have, hold, use, and
enjoy to them and their successors, goods, chattels, and estate,
real and personal, of what kind and nature soever, and the
same from time to time to sell, exchange, mortgage, grant,
alien, or otherwise dispose of, and to make dividends of such
portion of the profits as they may deem proper ; and also to
make and have a common seal, and the same to alter and
renew at pleasure, and also to ordain, establish, and put in
40
execution such by-laws, ordinances, and regulations as shall
appear necessary or convenient for the government of said
corporation, not being contrary to the Constitution and laws
of the United States or of this Commonwealth, and generally
to do all and singular the matters and things which to them
it shall lawfully appertain to do for the well-being of said
corporation and the due ordering and management of the
affairs thereof: Provided, That nothing herein contained shall
be construed as in any way giving to such corporation any
banking privileges whatever, or any other liberties, privileges,
or franchises but such as may be necessary or convenient to
the procuring, owning, making, maintaining, regulating, and
using the railroad, the locomotives, machinery, cars, and other
appendages thereof, and the conveyance of passengers, the
transportation of goods, merchandise, and other commodities
thereon : And provided further, That such company shall not
purchase or hold any real estate, except such as may be
necessary or convenient for the making and constructing of
their railroad, or for the furnishing of materials therefor, and
for the accommodation of depots, offices, warehouses, machine-
shops, toll-houses, engine and water stations, and other appro-
priate appurtenances, and for the persons and things employed
or used in and about the same.
SEC. 3. That the commissioners named as aforesaid, or such
of them as shall have acted, shall, as soon as conveniently
may be after the said letters patent shall be obtained, appoint
a time and place for the subscribers to meet to organize the
company, and shall give at least two weeks' notice thereof in
the manner provided for in the first section of this act ; and
the said subscribers, when met, shall elect, by a majority of
the votes present, to be given in person or by proxy, a presi-
dent and twelve directors, the president and a majority of whom
shall be resident citizens of this Commonwealth, and shall be
owners, respectively, of at least three shares in the stock of such
company ; and the said president and directors shall conduct
and manage the affairs and business of said company until the
second Monday in January then next ensuing, and until others
are chosen ; and may make, ordain, and establish such by-laws,
rules, orders, and regulations, and perform such other matters
41
and things as are by this act authorized : Provided, That in
case of the resignation, death, or removal of the president, the
directors shall, by a majority of votes, supply the vacancy
until the next annual election.
SEC. 4. That the stockholders of such company shall meet
on the second Monday in January in every year, at such place
as may be fixed on by the by-laws, of which notice shall be
given at least two weeks previously by the secretary, in the
manner before mentioned, and choose, by a majority of the
votes present, a president and twelve directors, qualified as
aforesaid, for the ensuing year, who shall continue in office
until the next annual election, and until others are chosen ; at
which annual meeting the said stockholders shall have full
power and authority to make, alter, or repeal, by a majority
of votes given, any or all such by-laws, rules, orders, and
regulations as aforesaid, and do and perform every other cor-
porate act authorized by their charter ; the stockholders may
meet at such other times and places as they be summoned by
the president and directors, in such manner and form, and
giving such notice as may be prescribed by the by-laws ; and
the president, on the request in writing of any number of
stockholders representing not less than one-tenth in interest,
shall call a special meeting, giving the like notice, and stating
specifically the objects of the meeting; and the objects stated
in such notice, and no other, shall be acted on at such special
meeting.
SEC. 5. The elections for directors provided for in this act
shall be conducted as follows, to wit : — At the first election the
commissioners shall appoint three stockholders to be judges
of the said election, and to hold the same ; and at every suc-
ceeding election the directors for the time being shall appoint
three stockholders for the like purpose ; and the persons so
appointed by said commissioners and directors shall not be
eligible to an election as a director at said election, and shall
respectively take and subscribe an oath or affirmation, before
an alderman or justice of the peace, well and truly, and
according to law, to conduct such election to the best of their
knowledge and ability; and the said judges shall decide upon
the qualifications of voters, and when the election is closed,
42
shall count the votes and declare who have been elected; and
if, at any time, it shall happen that an election of directors
shall not be made at the time specified, the corporation shall
not for that reason be dissolved ; but it shall be lawful to hold
and make such election of directors on any day within three
months thereafter, by giving at least ten days' previous notice
of the time and place of holding said election in the manner
aforesaid, and the directors of the preceding year shall in that
case continue in office, and be invested with all powers
belonging to them as such until others are elected in their
stead. In case of the death or resignation of a director, or a
failure to elect in case of a tie vote, the vacancy may be filled
by the board of directors. At all general meetings or elections
by the stockholders, each share of stock shall entitle the
holder thereof to one vote, and each ballot shall have endorsed
thereon the number of shares thereby represented; but no
share or shares transferred within sixty days next preceding
any election or general meeting of the stockholders shall
entitle the holder or holders thereof to vote at any such elec-
tion or general meeting, nor shall any proxy be received or
entitle the holder to vote, unless the same shall bear date and
have been duly executed within the three months next pre-
ceding such election or general meeting.
SEC. 6. That the president and directors of such company
for the time being are hereby authorized and empowered to
exercise all the powers granted to the corporation ; they shall
meet at such times and places as shall be by them deemed
most convenient for the transaction of their business, and
when met, seven shall be a quorum to do business; the presi-
dent, if present, shall preside at all meetings of the board, and
when absent, the board shall appoint a president pro tern.;
they shall keep minutes of their proceedings fairly entered in
a suitable book to be kept for that purpose ; they shall choose
a secretary and treasurer, and may appoint or employ all such
officers, engineers, agents, superintendents, artisans, workmen,
or other persons, as in their opinion may be necessary or
proper in the management of the affairs and business of said
corporation at such times, in such manner, and under such
regulations as they may from time to time determine ; they
43
shall fix the amount of the salaries and wages of such officers
and persons employed by them, and they may require bond,
with security in such amounts as they may deem necessary,
of each or any of said officers or other persons by them
appointed or employed, for the faithful discharge of their
duties, and generally to do all such other acts, matters, and
things as by this act and the b'y-laws and regulations of the
said company they may be authorized to do.
SEC. 7. That the president and directors of such company
first chosen shall procure certificates or evidences of stock for
all the shares of such company, and shall deliver one or more
certificates or evidences, signed by the president, countersigned
by the treasurer, and sealed with the common seal of the cor-
poration, to each person or party entitled to receive the same,
according to the number of shares by him, her, or them re-
spectively subscribed or held ; which certificates or evidences
of stock shall be transferable, at the pleasure of the holder, in
a suitable book or books to be kept by the company for that
purpose, in person or by attorney duly authorized, in the
presence of the president or treasurer, subject, however, to
all payments due or to become due thereon; and the assignee
or party to whom the same shall have been so transferred shall
thereupon be a member of said corporation, and have and enjoy
all the immunities, privileges, and franchises, and be subject to
all the liabilities, conditions, and penalties incident thereto, in
the same manner as the original subscriber would have been :
Provided, That no certificate shall be transferred so long as the
holder thereof is indebted to said company, unless the board
of directors shall consent thereto : And provided, That no
such transfer of stock shall have the effect of discharging any
liabilities or penalties theretofore incurred by the owner
thereof.
SEC. 8. The capital stock of such company shall be divided
into shares of fifty dollars each, and shall be called in and
paid at such times and places, and in such proportions and
installments, not, however, exceeding five dollars per share in
any period of thirty days, as the directors shall require, of
which public notice shall be given for at least two weeks next
preceding the time or times appointed for that purpose, in the
44
manner above mentioned; and if any stockholder shall neglec
to pay such proportion or installment so called for at the tim
and place appointed, he, she, or they shall be liable to pay, i
addition to the proportion or installment so called for, at th
rate of one per cent, per month for the delay of such payment
and if the same and the additional penalty, or any part thereo
shall remain unpaid for the period of six months, he, she, o
they shall, at the discretion of the directors, forfeit to th
use of the company all right, title, and interest in and to ever
and all share or shares, on account of which such default i;
payment may be made as aforesaid, or the directors may, a
their option, cause suit to be brought before any competen
tribunal, for the recovery of the amount due on such shares
together with the penalty of one per cent, per month as afore
said ; and in the event of a forfeiture, the share or shares s<
forfeited may be disposed of at the discretion of the presiden
and directors, under such rules and regulations as may b<
prescribed by the by-laws. . No stockholder shall be entitlec
to vote at any election, nor at any general or special meeting
of the company, on whose share or shares any installment o
arrearages may be due more than thirty days next preceding
said election or meeting: Provided, That no forfeiture of stocl
shall release or discharge the owner thereof from any liabilitie
or penalties incurred prior to the time of such forfeiture.
SEC. 9. That the dividends of so much of the profits of sucl
company as shall appear advisable to the directors shall b<
declared in the months of July and January, in each and ever}
year, and be paid to the stockholders or their legal represent
atives, on application at the office of such company, at an}
time after the expiration of ten days from the time of declaring
the same ; but the said dividends shall in no case exceed th<
amount of the net profits actually acquired by the company
so that the capital stock shall never be impaired thereby ; anc
if the said directors shall make any dividend which shal
impair the capital stock of the company, the directors con
senting thereto shall be liable, in their individual capacities, tc
such company for the amount of the capital stock so divided
recoverable by action of debt as in other cases ; and each
director present when such dividend shall be declared shal
45
be considered as consenting thereto, unless he forthwith enter
his protest on the minutes of the board, and give public notice
to the stockholders of the declaring of such dividend.
SEC. 10. That the president and directors of such company
shall have power and authority, by themselves, their engi-
neers, superintendents, agents, artisans, and workmen, to
survey, ascertain, locate, fix, mark, and determine such route
for a railroad as they may deem expedient, not, however,
passing through any burying-ground or place of public wor-
ship, or any dwelling-house in the occupancy of the owner or
owners thereof, without his, her, or their consent, and not,
except in the neighborhood of deep cuttings or high embank-
ments or places selected for sidelings, turnouts, depots, engine
or water stations, to exceed sixty feet in width, and thereon
to lay down, erect, construct, and establish a railroad, with
'one or more tracks, with such branches or lateral roads as
may be specially authorized, and with such bridges, via-
ducts, turnouts, sidelings, or other devices as they may deem
necessary or useful between the points named in the special
act incorporating such company, commencing at or within,
and extending to or into any town, city, or village named as
the place of beginning or terminus of such road ; and in like
manner, by themselves, or other person by them appointed
or employed as aforesaid, to enter upon and into and occupy
all land on which the said railroad or depots, warehouses,
offices, toll-houses, engine and water stations, other buildings
or appurtenances hereinbefore mentioned, may be located, or
which may be necessary or convenient for the erection of the
same, or for any purpose necessary or useful in the construc-
tion, maintenance, or repairs of said railroad, and therein and
thereon to dig, excavate, and embank, make, grade, and lay
down and construct the same ; and it shall in like manner be
lawful for such company, their officers, agents, engineers,
contractors, or workmen, with their implements and beasts of
draught or burden, to enter upon any lands adjoining or in
the neighborhood of their railroad so to be constructed, and
to quarry, dig, cut, take, and carry away therefrom any stone,
gravel, clay, sand, earth, wood, or other suitable material
necessary or proper for the construction of any bridges,
46
viaducts, or other buildings which may be required for th<
use, maintenance, or repairs of said railroad : Provided, Tha
before such company shall enter upon or take possession o
any such lands or materials, they shall make ample compen
sation to the owner or owners thereof, or tender adequate
security therefor : Provided further, That the timber used ir
the construction or repair of said railroad shall be obtainec
from the owner thereof only by agreement or purchase : Am
provided further, That whenever any company shall locate it:
road in and upon any street or alley, in any city or borough
ample compensation shall be made to the owners of lot
fronting upon such street or alley for any damages they ma)
sustain by reason of any excavation or embankment made ir
the construction of such road, to be ascertained as othei
damages are authorized to be ascertained by this act
.SEC. II. That when the said company cannot agree witt
the owner or owners of any lands or materials for the com-
pensation proper for the damage done or likely to be done tc
or sustained by any such owner or owners of such lands 01
materials which such company may enter upon, use, or take
away, in pursuance of the authority hereinbefore given, or by
reason of the absence or legal incapacity of any such ownei
or owners, no such compensation can be agreed upon, the
court of common pleas of the proper county, on application
thereto by petition, either by said company or owner or
owners, or any one in behalf of either, shall appoint seven
discreet and disinterested freeholders of said county, neither
of whom shall be residents or owners of property upon or
adjoining the line of such railroad, and appoint a time, not
less than twenty nor more than thirty days thereafter, for said
viewers to meet at or upon the premises where the damages
are alleged to be sustained, of which time and place ten days'
notice shall be given by the petitioner to the said viewers and
the other party ; and the said viewers, or any five of them,
having been first duly sworn or affirmed faithfully, justly, and
impartially to decide, and true report to make, concerning all
matters and things to be submitted to them, and in relation
to which they are authorized to inquire in pursuance of the
provisions of this act, and having viewed the premises, they
47
shall estimate and determine the quantity, quality, and value
of said lands so taken or occupied, or to be so taken or occu-
pied, or the materials so used or taken away, as the case may
be, and having due regard to and making just allowance for
the advantages which may have resulted, or which may seem
likely to result, to the owner or owners of said land or materials
in consequence of the making or opening of said railroad and
of the construction of works connected therewith ; and after
having made a fair and just comparison of said advantages
and disadvantages, they shall estimate and determine whether
any and, if any, what amount of damages has been or may be
sustained, and to whom payable, and make report thereof to
the said court ; and if any damages be awarded, and the
report be confirmed by the said court, judgment shall be
entered thereon ; and if the amount thereof be not paid
within thirty days after the entry of such judgment, execu-
tion may then issue thereon, as in other cases of debt, for the
sum so awarded, and the cost and expenses incurred shall be
defrayed by the said railroad company; and each of said
viewers shall be entitled to one dollar and fifty cents per day
for every day necessarily employed in the performance of the
duties herein prescribed, to be paid by such railroad company.
SEC. 12. That whenever, in the construction of such road
or roads, it shall be necessary to cross or intersect any estab-
lished road or way, it shall be the duty of the president and
directors of the said company so to construct the said road
across such established road or way as not to impede the
passage -or transportation of persons or property along the
same ; and that for the accommodation of all persons owning
or possessing land through which the said railroad may pass,
it shall be the duty of such company to make or cause to be
made a good and sufficient causeway or causeways, whenever
the same may be necessary, to enable the occupant or occupants
of said lands to cross or pass over the same with wagons,
carts, and implements of husbandry, as occasion may require;
and the said causeway or causeways, when so made, shall be
maintained and kept in good repair by such company; and if
the said company shall neglect or refuse, on request, to make
such causeway or causeways, or when made, to keep the same
48
in good order, the said company shall be liable to pay an}
person aggrieved thereby all damages sustained by such persoi
in consequence of such neglect or refusal, — such damages t<
be assessed and ascertained in the same manner as provide*
in the last section for the assessment of damages : Provided
That the said company shall in no case be required to mak'
or cause to be made more than one causeway through eacl
plantation or lot of land, for the accommodation of any on<
person owning or possessing land through which the saic
railroad may pass; and where any public road shall cross sucl
railroad, the person owning or possessing land through whicl
the said public road may pass shall not be entitled to requir<
the company to erect or keep in repair any causeway or bridg<
for the accommodation of the occupant of said land.
SEC. 13. That if any such railroad company shall find i
necessary to change the site of any portion of any turnpike
or public road, they shall cause the same to be reconstructs
forthwith at their own proper expense, on the most favorable
location, and in as perfect a manner as the original road : Pro
-vided, That the damages incurred in changing the location o
any road authorized by this section shall be ascertained am
paid by such company in the same manner as is provided fo
in regard to the location and construction of their own road.
SEC. 14. That in all suits or actions against such company
the service of process on the president, secretary, treasurer
engineer, agent, or any director of the same, shall be goo(
and available in law; but no suit or action shall be prosecutec
by any person or persons, for any penalties incurred unde
this act, unless such suit or action shall be commenced withii
two years next after the offense committed or cause of actioi
accrued; and the defendants in such suit or action may pleac
the general issue, and give this act and the special matter ii
evidence, and that the same was done in pursuance and b)
authority of this act.
SEC. 15. That if any person or persons shall willfully am
knowingly break, injure, or destroy any railroad authorizec
by special act of assembly, or any part thereof, or any edifice
device, property, or work, or any part thereof, or any machinery
engine, car, implement, or utensil erected, owned, or used b)
49
such company in pursuance of this act, he, she, or they so
offending shall forfeit and pay to such company three times
the actual damage so sustained, to be sued for and recovered,
with full costs, before any tribunal having cognizance thereof,
by action in the name and for the use of the company.
SEC. 1 6. That if any person or persons shall willfully and
maliciously remove or destroy any part of the road, property,
buildings, or other works belonging to such company, or
place, designedly and with evil intent, any obstruction on the
line of such railroad so as to jeopard the safety of or endanger
the lives of persons traveling on or over the same, such person
or persons so offending shall be deemed guilty of a misde-
meanor, and shall, on conviction, be imprisoned in the county
jail or penitentiary, at the discretion of the oourt, for a term
not more than three years : Provided, That nothing herein
contained shall prevent the company from pursuing any other
appropriate remedy at law in such cases.
SEC. 17. That at each annual meeting of the stockholders
of any such company, the president and managers of the
preceding year shall exhibit to them a full and complete state-
ment of the affairs and proceedings of the company for such
year, with all such matters as shall be necessary to convey to
the stockholders a full knowledge of the condition and affairs
of said company; and the said president and directors of
every such company shall, whenever required, furnish to the
legislature, or either branch thereof, a full and authentic report
of their affairs and transactions, or such information relating
thereto as may be demanded of them.
SEC. 1 8. That upon the completion of any railroad author-
ized as aforesaid, the same shall be esteemed a public highway
for the conveyance of passengers and the transportation of
freight, subject to such rules and regulations, in relation to
the same, and to the size and construction of wheels, cars,
and carriages, the weight of loads, and all other matters and
things connected with the use of said railroad, as the president
and directors may prescribe and direct: Provided, That the
said company shall have the exclusive control of the motive-
power, and may from time to time establish, demand, and
receive such rates of toll or other compensation, for the use
50
of such road and of said motive-power, and for the conveyance
of passengers, the transportation of merchandise and commodi-
ties, and the cars or other vehicles containing the same, or
otherwise passing over or on the said railroad, as to the
president and directors shall seem reasonable: Provided, how-
ever, nevertheless, That said rates of toll and motive -power
charges so to be established, demanded, or received, when the
cars used for such conveyance or transportation are owned or
furnished by others, shall not exceed two and one-half cents
per mile for each passenger, three cents per mile for each ton
of two thousand pounds of freight, three cents per mile for
each passenger or baggage car, and two cents per mile for
each burden or freight car, every four wheels being computed
a car; and in the transportation of passengers no charge shall
be made to exceed three cents per mile for through passengers
and three and a half cents per mile for way passengers.
SEC. 19. That if any company incorporated as aforesaid
shall not commence the construction of their proposed railroad
within three years, and complete and open the same for use,
with at least one track, within the term prescribed by the
special act authorizing the same, or if after completion the
said railroad shall be suffered to go into decay, and be im-
passable for the term of two years, then this charter shall be
null and void, except so far as to compel the said company to
make reparation for damages.
SEC. 20. That if any company incorporated as aforesaid
shall at any time misuse or abuse any of the privileges granted
by this act, or by the special act of incorporation, the legis-
lature may revoke all and singular the rights and privileges
so granted to such company; and the legislature hereby
reserves the power to resume, alter, or amend any charter
granted under this act, and take for public use any road con-
structed in pursuance of such charter: Provided, That in
resuming, altering, or amending said charters no injustice
shall be done to the corporators, and that in taking such roads
for public use full compensation shall be made to the stock-
holders.
AN ACT AUTHORIZING THE PAVING OF THE GRAY'S
FERRY ROAD, FROM CEDAR STREET TO FEDERAL
STREET, PROVIDING FOR THE CONSTRUCTION OF
LATERAL RAILROADS, &c.
Approved 5th April, 1849. (P' L-> *849> Pa£e 389-}
SECTION 2. That it shall be lawful for any individual, or
association of individuals, to construct a railroad or plank
road from his or their premises, to connect with any railroad
or plank road which may be constructed, or to any stream of
water which has been or may hereafter be declared a public
highway: Provided, Such railroad or plank road shall not
exceed three miles in length; and any individual or in-
dividuals making any such improvement shall be subject to
all the provisions and restrictions of an act regulating turnpike
and plank road companies, approved the twenty-sixth day of
January, 1849: And provided further, That this act shall only
extend to the counties of Warren, McKean, Elk, and Potter.
NOTE. — The turnpike and plank road act of 26th January, 1849, ^s given in
full on the succeeding pages.
AN ACT REGULATING TURNPIKE AND PLANK ROAD
COMPANIES.
Approved 26th January, 1849, (P* ^-> f849> Page IO-)
SECTION I. That whenever a special act of the general assembly
shall be passed, authorizing the incorporation of a company
for the construction of a turnpike road, or for the construction
of a plank road, within this Commonwealth, the commissioners
named in such* act, or any five of them, shall have power to
open books for receiving subscriptions to the capital stock of
such company, at such time or times, and such place or places,
as they may deem expedient, after having given at least twenty
days' previous notice in one or more newspapers published, or
having circulation within the county where books of subscrip-
tion are to be opened ; at which times and places two or more
of the said commissioners shall attend, and permit and suffer
52
all persons of lawful age, who shall offer to subscribe in such
books, in their own names, or in the name of any other person
who shall duly authorize the same, for any number of shares
of stock; and the said books shall be kept open, respectively,
for the purpose aforesaid, at least six hours in every juridical
day, for the space of five days, or until the said books shall
have the whole number of shares authorized by such special
act therein subscribed ; and if, at the expiration of the said five
days, the books aforesaid shall not have the said number oj
shares authorized as aforesaid therein subscribed, the commis-
sioners respectively may adjourn from time to time, and
transfer the books from place to place, until the whole num-
ber of shares shall be subscribed; of which adjournment and
transfer the commissioners aforesaid shall give such public
notice as the occasion may require, and when the whole num-
ber of shares subscribed shall amount to the number authorized
as aforesaid, the same shall be closed : Provided always, Thai
every person offering to subscribe in such books, in his owr
or any other name, shall at the time of subscribing pay to the
attending commissioners any sum not less than one dollai
nor more than five dollars (as shall be fixed and determinec
by said commissioners, previously to the opening of books
for every share to be subscribed, out of which shall be de
frayed such incidental charges and expenses as may be neces
sary for taking such subscription, and the remainder shall be
paid to the treasurer of the corporation, as soon as the same
shall be organized and the officers chosen as hereinaftei
mentioned.
SEC. 2. When twenty persons or more shall have subscribec
ten per centum on the capital stock provided for by sucl
special act of assembly, the said commissioners respectivel}
may, or when the whole number of shares authorized as afore
said shall be subscribed, they shall certify under their hand:
and seals the names of the subscribers, and the number o
shares subscribed by each, to the governor of this Common
wealth, whereupon it shall and may be lawful for the governor
by letters patent under his hand and seal of State, to creab
and erect the subscribers, and if the subscription be not full a
the time, then those who shall afterwards subscribe to th<
53
number aforesaid, into one body politic and corporate, in deed
and in law, by the name, style, and title designated by such
special act; and by such name the said subscribers shall have
perpetual succession, and all privileges and franchises incident
to a corporation, and shall be capable of taking and holding
the capital stock, and the increase and profits thereof, and of
enlarging the same by new subscription, in such manner and
form as they shall think proper, if such enlargement shall be
found necessary to fulfill the intent of such special act; and of
purchasing, taking, and holding to them and their successors
and assigns, and of selling, transferring, and conveying, in fee
simple, or for any less estate, all such lands, tenements, and
hereditaments, and estate, real and personal, as shall be neces-
sary to them in the prosecution of their works ; and of suing
and being sued, and of doing all and every other matter and
thing which a corporation or body politic may lawfully do.
SEC. 3. That the commissioners aforesaid, as soon as conve-
niently maybe after the said letters shall be sealed and obtained,
shall give notice, in the manner provided for in the first sec-
tion of this act, of the time and place by them appointed; at
which time and place the said subscribers shall proceed to
organize such corporation, and shall choose, by a majority of
votes of the subscribers by ballot, to be delivered in person or
by proxy duly authorized, one president, five managers, and
one treasurer, and such other officers as may be necessary to
conduct the business of such company until the first Monday
of November next ensuing, and until such other officers shall
be chosen ; and shall and may make such by-laws, orders, and
regulations, not inconsistent with the Constitution and laws of
the United States and of this Commonwealth, as shall be neces-
sary for the proper management of the affairs of such company:
Provided always, That each stockholder shall be entitled to
one vote for each share of stock not exceeding ten, and one
vote for every five shares exceeding that number: And pro-
vided, also, That no stockholder, whether the original subcriber
or assignee, shall be entitled to vote at any election or meeting
of said company, unless the whole sum due and payable on
the share or shares by him or her held at the time of such
election shall have been fully paid and discharged.
54
SEC. 4. The stockholders of such company shall meet or
the first Monday in November in every year, at such place as
shall be fixed by their by-laws, for the purpose of choosing
officers as aforesaid for the ensuing year, and at such othei
times as they shall be summoned by the managers, in sucr
manner and form as shall be prescribed by their by-laws ; a'
which annual or special meetings they shall have full powei
and authority to make, alter, or repeal, by a majority of votes
all such by-laws, rules, orders, and regulations made as afore
said, and to do and perform any corporate act.
SEC. 5. The president and directors of such company firs
chosen shall procure certificates or evidences of stock, for al
the shares of the said company, and shall deliver one or mon
certificates or evidences, signed by the president, countersignec
by the treasurer, and sealed with the common seal of the cor
poration, to each person or party entitled to receive the same
according to the number of shares by him, her, or them re
spectively subscribed or held ; which certificates or evidence.1
of stock shall be transferable, at the pleasure of the holder, h
a suitable book or books to be kept by the company for tha
purpose, in person or by attorney duly authorized, in th(
presence of the president or treasurer, subject, however, to al
payments due or to become due thereon; and the assignee o
party to whom the same shall have been so transferred shall b<
a member of said corporation, and have and enjoy all the immu
nities, privileges, and franchises, and be subject to all the liabili
ties, conditions, and penalties incident thereto, in the sam<
manner as the original subscriber would have been : Provided
That no certificate shall be transferred so long as the holde
thereof is indebted to said company, unless the board c
directors shall consent thereto.
SEC. 6. It shall be lawful for the said president and mana
gers, their superintendents, surveyors, engineers, artists, an<
chain-bearers, to enter in and upon all and every the lands
tenements, and enclosures in, through, and over which sucl
intended turnpike road or plank road may be thought prope
to pass, and for that purpose to examine the ground and quai
ries of stone and gravel, and other materials that may b
necessary in making and constructing such road, and to cu
55
or open such drains through the same as they shall judge
necessary to drain the water from the turnpike road or plank
road, with the same rights and under the same penalties as
the supervisors of highways; and the said road shall be
constructed between the points named in the special act
incorporating such company.
SEC. 7. The president and managers of such corporations,
three of whom shall for that purpose be a quorum, shall keep
minutes of all their proceedings, fairly entered in a book to be
kept for that purpose, and shall have full power and authority
to appoint, agree, and contract with such engineers, superin-
tendents, artists, laborers, and other persons, as they may
think necessary, to make and construct such road, and collect
the tolls hereinafter authorized, and fix their compensation.;
to ascertain the times, manner, and proportions in which the
stockholders shall pay the amount of their respective shares,
in order to carry on their work; to draw orders on the
treasurer for all debts contracted by them, which orders shall
be signed by the president, or, in his absence, by a majority
of the managers, and attested by their secretary ; and to do
and transact all other acts, matters, or things as by the by-
laws, orders, and regulations of such company shall be
entrusted to them.
SEC. 8. If any stockholder, whether the original subscriber
or assignee, after twenty days' notice, as aforesaid, of the time
and place appointed for the payment of any installment or
proportion of the capital stock, shall neglect to pay such pro-
portion, at the place appointed, for the space of thirty days
after the time appointed for the payment thereof, any such
stockholder shall, in addition to the installment so called for,
pay at the rate of one per centum per month for every delay
of such payment; and if the same and additional penalty shall
become equal to the sum before paid in part on account of
such share, the same may be forfeited by and to the said com-
pany, and may be sold by, them for such price as may be
obtained therefor; or in default of payment of any stockholders
of such installments as aforesaid, for the space of sixty days
aforesaid, the president and managers may, at their election,
cause suit to be brought in the same manner as debts of a like
56
amount are now recoverable, for the recovery of the same,
together with the penalties aforesaid.
SEC. 9. It may be lawful for the president and managers
of such company, incorporated as aforesaid, by and with their
superintendents, engineers, artists, workmen, laborers, their
tools and instruments, carts, wagons, and other carriages, and
beasts of draught or burden, to enter in and upon the lands
contiguous and near to which the said road shall be made or
constructed, first giving notice of their intention to the occu-
piers thereof, and doing as little damage thereto as possible,
and making amends for damages upon a reasonable and equi-
table agreement by the parties ; or if they cannot agree there-
upon, a just and equitable assessment to be made upon oath
or affirmation by three disinterested freeholders, or any two of
them, two of whom shall be mutually chosen by the parties,
and said two thus chosen shall choose a third ; or if either
party, upon due notice, shall neglect or refuse to join in the
choice, then to be chosen by a justice of the peace of the
county wherein the land lies, who shall not be interested
therein; and upon the tender of the assessed value, to dig and
carry away any timber, stone, sand, earth, or other materials,
necessary or suitable for making said road: Provided, That
no part of this act shall authorize the taking of any property
by such company, unless the same be previously paid for,
or adequate security given to the owners for the payment
thereof.
SEC. 10. The president and managers of every such com-
pany, incorporated as aforesaid, shall keep fair and just
accounts, as well of all moneys received by them as of those
paid out and expended in the prosecution of the work ; and
shall, at least once in every year, submit their books and
accounts to a general meeting of the stockholders ; and when-
ever it shall be ascertained that the capital stock of such com-
pany is not sufficient to complete their road, according to the
true intent and meaning of this act, it shall and may be lawful
for the president and managers, at a stated or special meeting,
convened according to the provisions of this act or their own
by-laws, to increase the number of shares to such an extent
as they shall deem sufficient to accomplish the work, and to
57
demand and receive the moneys subscribed for such additional
shares, in like manner and under like penalties as are provided
'by this act in the case of the original subscriptions.
SEC. 1 1. The president and managers of such company shall
have power to erect good and sufficient bridges over all the
streams of water crossed by their road, whenever the same
shall be found necessary; and shall cause a road, if a turn-
pike, to be laid out, not exceeding fifty feet in width, and
cause at least eighteen feet of said width to be made an arti-
ficial road of wood, stone, gravel, or other proper and conve-
nient materials, such as the nature of the ground may require
and will afford, to be constructed in such manner as will
admit an even surface, and so nearly level in its progress, that
it shall at no place rise or fall more than will form an angle of
four degrees from a horizontal line ; and if a plank road, the
same shall be opened of any width not exceeding forty feet,
and shall be graded in such manner as may be necessary for
either a single or double track, as may be determined upon
by the president and managers of the said company, each
track being not less than eight feet in width, and so nearly
level in its progress that it shall in no place rise or fall more
than will form an angle of three degrees with a horizontal
line : Provided, That if any part of the ground on the route of
said road shall be so hard and compact as to make a good
road without any covering of wood, gravel, stone, slate, or
other hard substance, the said president and managers are
hereby authorized to construct such part of said road without
any such covering, and shall forever maintain and keep the
same in good repair: Provided, That in all deep cuts the said
road need not be of greater width on the surface than thirty
feet: And provided, That said bridges shall not be constructed
so as to obstruct the navigation of any stream declared a
public highway.
SEC. 12. Whenever such company shall have finished five
miles or more of road, the president thereof may give notice
to the governor, who shall appoint forthwith three skillful,
judicious, and disinterested persons to view and examine the
same, and report, on oath or affirmation, to him whether the
said road is so far executed in a competent and workmanlike
58
manner, according to the true intent and meaning of this
act; and if their report shall be in the affirmative, then the
governor shall, by license, under his hand and the seal of the
State, permit and suffer said company to erect and fix such
and so many gates upon and across the said road as will be
necessary and sufficient to collect from all persons, otherwise
than on foot, the same tolls as hereinafter authorized and
granted.
SEC. 13. When such, company is licensed in manner afore-
said, it shall and may be lawful for them to appoint such
and so many toll-gatherers as they shall think proper, to collect
and receive, of and from all and every person or persons using
the said road, the tolls and rates hereinafter mentioned; and
to stop any person riding, leading, or driving any horses,
cattle, hogs, sheep, coach, coaches, sulky, chair, chaise, phae-
ton, cart, wagon, wain, sleigh, sled, or any other carriage of
burden or pleasure, from passing through the said gate until
they shall respectively have paid the same — that is to say, for
every five miles in length of the said road completed and
licensed as aforesaid, the following sums of money, and so in
proportion for any lesser distance, or for any greater or lesser
number of sheep, hogs, or cattle, to wit: — For every score of
hogs, five cents; for every score of sheep, five cents; for
every score of cattle, ten cents; for every horse and his rider,
or led horse, three cents; for every sulky, chair, or chaise,
with one horse and two wheels, six cents; with two horses,
nine cents; for every chariot, coach, phaeton, or dearborn,
with one horse and four wheels, ten cents; for every coach,
phaeton, or chaise, with two horses and four wheels, twelve
cents; for either of the carriages last mentioned, with four
horses, twenty cents; for every other carriage of pleasure,
under whatever other name it may go, the like sums, accord-
ing to the number of wheels and horses drawing the same;
for every stage-wagon, with two horses, twelve cents; for
every such wagon, with four horses, twenty cents; for every
sleigh, three cents for each horse drawing the same; and for
every sled, two cents for each horse drawing the same; for
every cart or wagon, whose wheels shall be less than four
inches, four cents for each horse drawing the same; and for
59
every cart or wagon whose wheels shall be four inches,
and not exceeding seven inches, two cents for every horse
' drawing the same ; for every cart or wagon, the breadth of
whose wheels shall be more than seven inches, one cent for
every horse drawing the same; and if any person or persons
shall represent to the said company or any of their officers
that he, she, or they have traveled a less distance than he, she,
or they have actually traveled along said road, with intent to
defraud the said company of its toll or any part thereof, such
person or persons shall, for every such offense, forfeit and pay
to the use of said company the sum of five dollars; and if any
toll-gatherer shall demand and receive toll for a greater dis-
tance than the person of whom such toll is demanded shall
have traveled along said turnpike road or plank road, or shall
demand and receive greater toll from any person or persons
than such toll-gatherer is authorized to demand and receive
by virtue of this act, such toll-gatherer shall forfeit and pay
the sum of five dollars for every such offense, to the super-
visors of the township in which the forfeiture is incurred, to
be expended in repairing township roads, and for the payment
of which the said company shall be responsible; and all such
penalties and forfeitures shall be recoverable, with costs of
suit, before any justice of the peace of the county in which
the offense is committed: Provided, That no toll shall be
demanded from any person or persons passing and repassing
from one part of his, her, or their farm to any other part of
the same; and all persons, with their vehicles or horses, going
to or from funerals or places of public worship, or of military
trainings or elections, shall be exempt from the payment of
toll when traveling on such turnpike road.
SEC. 14. If such company shall neglect or refuse to keep
their road in good traveling order and repair for the space of
thirty days, and information thereof shall be given under oath
or affirmation to any justice of the peace of the neighborhood
and county, designating particularly where and in what respect
said road is defective, such justice shall issue a precept to any
constable of the county, requiring him to notify the gate-
keeper nearest whose gate the part or parts of the road com-
plained of is situate, that on a certain day and at a certain
6o
hour therein mentioned, not less than three nor more than si>
days thereafter, three freeholders will be chosen at his office
to hold an inquest to inquire into the truth of the matten
specified in said information, an attested copy of which shaL
be furnished by said justice to said gate-keeper, at the time o:
serving said notice.
SEC. 15. The three freeholders mentioned in the preceding
section shall be chosen as follows : — If the gate-keeper, or any
other officer or agent of the company, and the informant, shall
attend at the time and place of choosing, they shall commence
with the complainant, and nominate alternately to the justice
a list of nine freeholders of the neighborhood, from which list
the complainant and the officer or agent of the company shall
alternately strike out a name until three names are left, which
three shall be the persons chosen to hold said inquest. Should
either party be unrepresented at the time of choosing said free-
holders, the justice shall act for him or them, and should both
parties be absent, the justice shall appoint three disinterested
freeholders to form said inquest.
SEC. 1 6. The inquest thus chosen shall, after having been
duly sworn or affirmed, proceed to view the parts of the road
complained of, and shall report to the said justice, in writing,
under their hands and seals, or the hands and seals of a
majority of them, within five days after said view, whether
the said road be out of order and repair, contrary to the true
intent and meaning of this act; and if so found, the said justice
shall adjudge the said company to pay a fine of not less than
twenty-five nor more than fifty dollars, at his discretion, — one-
half thereof for the use of the supervisors of the roads in the
township in which the portion of the road so found defective
is situate : Provided, That the said company shall have the
right of appealing, within twenty days after judgment, to the
court of common pleas of the proper county, from the finding
of said inquest, and the judgment of the justice thereon, as in
other cases : And provided further, That no proceedings shall
be commenced or prosecuted under the last three sections of
this act, unless the informant or some other person shall have
given twenty days' previous notice, in writing, to the gate-
keeper nearest to whose gate the part or parts of the road
6i
complained of is situate, specifying particularly the part or
parts of the road alleged to be out of repair, and the nature of
the defect alleged, and notifying him that unless the proper
repairs be made in thirty days after the service of the notice,
proceedings will be commenced before a justice and three
freeholders.
SEC. 17. Should the said company not appeal from the find-
ing of the said inquest and the judgment of the justice thereon,
and continue to neglect and refuse to repair the part or parts
of the road thus found out of repair, new proceedings may be
commenced and prosecuted against said company for such
neglect or refusal ; and should said parts of said road continue
out of repair until the holding of the next general court of
quarter sessions for the proper county, it shall be the duty of
the said justice to certify and send copies of the finding of the
said inquests and the judgments thereon to the judges of the
said court; and the said judges shall thereupon cause process
to issue, and bring in the body or bodies of the person or per-
sons intrusted by the company with the care and superin-
tendence of such part of the said road as shall be so found
defective, and shall proceed thereon as in cases of supervisors
of highways for neglect of their duty; and if the persons
intrusted by the said company as aforesaid shall be convicted
of the offense by the said inquisition charged, the said court
shall give judgment according to the nature and aggravation
of the neglect, as according to right and justice would be
proper in the case of supervisors of the highways neglecting
their duties; and the fines and penalties so to be imposed shall
be recovered in the said court, and shall be paid to the super-
visors of the highways of the township wherein the offense
was committed, to be applied to repairing the public roads
within such township ; and like proceedings may be instituted
from time to time, until the said road is put into proper
repair.
SEC. 1 8. In all cases of complaint made or suit instituted,
under the provisions of this act, against any corporation, if the
complainant shall fail to sustain his complaint, or the plaintiff to
sustain his suit, as the case may be, the corporation shall be
entitled to recover costs as in other cases, from the complainant
62
or plaintiff, as the case may be; and in all cases when anj
corporation which may have been chartered under and subjec
to the provisions of this act, shall be adjudged to pay an)
penalty, or the cost of any proceedings authorized by this act
the party plaintiff or complainant shall have all the remedies
for recovering of the same, with costs, against the said corpor
ation, that are provided for the recovery of debts or judgment;
of like amount in other cases; and if the said corporatior
shall fail to make payment in any case within twenty day.'
after final adjudication, the court of common pleas of the
proper county, on application of the plaintiff, or some othei
person on his behalf, shall direct sequestration, and appoint £
sequestrator, who shall have like powers, and be subject tc
all the regulations and requirements provided in the seventy-
third and seventy-fourth sections of an act of the genera'
assembly of this Commonwealth, entitled "An act relating
to executions," passed June i6th, 1836: Provided, That where
the judgment is final before the justice, or is not appealed
from as provided in this act, the complainant, before proceed-
ing to sequestration, shall file in the court of common pleas oi
the proper county a transcript of the proceedings and judg-
ment before the justice, which transcript shall be entered oi
record in the said court, as under existing laws for the filing
and entering of transcripts of judgments in other cases; and
from such filing and entering shall have the effect of a judg-
ment originally entered in the said court.
SEC. 19. If any person or persons whosoever, owning,
riding in, or driving any sulky, chair, chaise, phaeton, cart
wagon, sleigh, sled, or other carriage of burden or pleasure,
riding or leading any horse, mule, or gelding, or driving any
hogs, sheep, or other cattle, shall therewith pass through any
private gates or bars, or along or over any private passage-way
or other ground near to or adjoining any gate erected, or
which shall be erected in pursuance of this act, with an
intent to defraud the company and avoid the payment of the
toll or duty for passing through any such gate, or if any
person or persons shall, with such intent, take off or cause to
be taken off, any horse, mare, or gelding, or other cattle, from
any sulky, chair, chaise, phaeton, cart, wagon, sleigh, sled, or
63
other carriage of burden or pleasure, or practice any other
fraudulent means or device, with the intent that the payment
of any such toll or duty may be evaded or lessened, all and
every person or persons, in all and every or any of the ways
or manners offending, shall, for every such offense, respect-
ively forfeit and pay to the president and managers of such
turnpike road or plank road, as the case may be, any sum
not exceeding ten dollars, to be sued for and recovered, with
costs of suit, before any justice of the peace, in like manner
and subject to the same rules and regulations as debts of a
similar amount are by law sued for and recovered.
SEC. 20. The legislature shall have power to alter the rate
of toll fixed by this act ; and the managers of any such com-
pany may lessen the same whenever they shall believe it
necessary for the well-being of the company or the community
at large.
SEC. 21. The legislature hereby reserves the right to alter,
amend, or repeal the charter and privileges granted by special
act, as aforesaid, whenever in their opinion the same may be
injurious to the citizens of this Commonwealth; in such
manner, however, that no injustice shall be done to the
corporators.
AN ACT TO RESTRAIN CORPORATIONS FROM ISSUING
OBLIGATIONS REDEEMABLE OTHERWISE THAN IN
GOLD AND SILVER [OR IN CURRENT BANK-NOTES].
Approved 2ist April, 1849. (?•
SECTION I. That from and after the passage of this act it
shall not be lawful for any corporation within this Common-
wealth, directly or indirectly, either by itself or through any
agent or agents, individual or individuals, to make, issue, or
re-issue, pay out, or circulate, or cause to be issued, re-issued,
put out, or circulated, any certificate, check, order, or due-bill,
or acknowledgment of indebtedness of any description, for
any purpose whatsoever, payable or redeemable in any goods,
property, or effects, or payable or redeemable in anything
except in gold and silver, and that any violation of the pro-
visions of this act shall be held and deemed to be a forfeiture
64
of the charter of any company so offending, and any privat
citizen may by quo warranto proceed, according to law, t
have such forfeiture declared: Provided, That this act shai
not be construed to authorize any corporation or individua
not expressly authorized by existing laws, to issue any not<
bill, check, or certificate whatever, in the nature or similitud
of a bank-note, and intended for circulation, and that all law
inconsistent with this act be and the same are hereby repealed
And provided further, That this section shall not be construe-
so as to prevent any corporation from drawing orders in th
ordinary course of business, not intended for circulation o
in payment of interest, and that such orders shall not b
negotiable.
AN ACT AUTHORIZING INDIVIDUALS TO CONSTRUCT.
RAILROADS AND PLANK ROADS IN THE COUNTY Ol
VENANGO, RELATING TO ROAD TAXES, &c.
Approved zzd March, 1830. (P. L., 1830, page 258.)
SECTION i. That the second section of an act entitled "Ai
act authorizing the paving of the Gray's Ferry road fron
Cedar street to Federal street; providing for the constructioi
of lateral railroads; relating to the appointment of auctioneer,
in the counties of Erie, Mercer, and Bradford; extending th<
Southwark Railroad; and in relation to the collection of poo:
taxes in the city of Pittsburg," passed the fifth day of April
1 849, be and the same is hereby extended to Venango county
AN ACT TO SECURE THE CITIES OF PITTSBURG ANE
ALLEGHENY, AND THE NEIGHBORHOOD THEREOF
FROM DAMAGE BY GUNPOWDER; TO INCORPORATE
AN ASSOCIATION FOR THE ESTABLISHMENT OF /
HOUSE OF REFUGE FOR WESTERN PENNSYLVANIA
AND RELATIVE TO THE PENNSYLVANIA STATE LUNA-
TIC HOSPITAL.
Approved 2zd April, 1850. (P. L., fSjo, page 539.)
SECTION 9. That it shall be unlawful for any person to trans-
port gunpowder over any railroad, canal, or slackwater ir
65
this Commonwealth, unless the keg, barrel, box, or other
vessel containing the same shall be distinctly and conspicuously
marked by having the word "gunpowder" written or printed
thereon; and every violation of this section shall subject the
person or persons so offending to be prosecuted by indictment
in the court of quarter sessions of the proper county, and
punished by fine not exceeding five hundred dollars, and im-
prisonment not exceeding six months, or either of them, at
the discretion of the court; and it is hereby made the duty of
the canal commissioners to give notice of the provisions of
this section along the lines of the public works of this Com-
monwealth.
AN ACT RELATING TO THE BAIL OF EXECUTRIXES; * *
TO THE LIMITATION OF ACTIONS AGAINST CORPORA-
TIONS; * * * TO APPEALS FROM AWARDS OF ARBI-
TRATORS BY CORPORATIONS, &c.
Approved 2$th April, 1850. (P. L., 1850, pages sjo and 571.}
SECTION 7. That the provisions of the act passed the 2/th
March, 1713, entitled "An act for the limitation of actions,"
shall not hereafter extend to any suit against any corporation
or body politic which may have suspended business, or made
any transfer or assignment in trust for creditors, or who may
have at the time, and after the accruing of the cause of action,
in any manner ceased from or suspended the ordinary business
for which said corporation was created.
SEC. 12. That so much of the first section of the act passed
on the twentieth day of March, 1845, entitled "An act con-
cerning bail and attachments," as pertains %o appeals from the
awards of arbitrators, shall from henceforth be construed to
extend to all such appeals, whether made by persons natural
or artificial.
NOTE. — The act of 1713 provides that actions upon the case other than for
slander, actions upon account other than such as concern trade between merchants,
&c., actions for trespass, debt, detinue, replevin, and trespass quare clausum fregif,
shall be brought within six years next after the cause of such action or suit
(accrues) and not after, (i Smith's Laws, page 76.)
66
AN ACT TO INCORPORATE THE FIRST BAPTIST CHURCE
OF LEWISBURG, UNION COUNTY, PENNSYLVANIA
RELATIVE TO RAILROADS AND CANALS IN MIFFLIN
COUNTY, &c.
Approved 26th April, 1850. (P. L., 1831, page 820.)
SECTION 10. That in all cases where canals and railroad'
may be located through towns and boroughs in Mifflin county
and passing through lanes, streets, or alleys, it shall be lawfu
for the courts of quarter sessions of said county to appoin
viewers to lay out, vacate, or change lanes, streets, or alley
with like effect as if the same had been so laid out by th<
original proprietor of such town or borough; and that saic
viewers shall have power to assess damages: Provided, Tha
a report of said viewers shall be confirmed by the court o
quarter sessions of said county.
A FURTHER SUPPLEMENT TO THE ACT INCORPORATIN(
THE PENNSYLVANIA RAILROAD COMPANY; AND RELA
TIVE TO LATERAL ROADS IN LYKENS VALLEY, II
DAUPHIN COUNTY.
Approved 26th April, 1850. (P. L., 1850, page 584.}
SECTION 4. That authority is hereby given to the owner o
owners, lessee or lessees, of coal lands in Lykens, Williams, o
Bear valley, in Dauphin county, to make a lateral railroa*
from any convenient point on the Lykens Valley Railroac
not exceeding in distance one mile from the western terminu
of said Lykens Valley Railroad, to the Wiconisco canal; an
have and use a landing on said canal of such capacity as ma
be necessary for the accommodation and shipment of coal.
SEC. 5. That the said owner or owners, lessee or lessees a
aforesaid, may apply by petition to the court of quarte
sessions of the peace of the county, whose duty it shall be t
appoint three disinterested persons to view the premises, asses
whatever damages, if any, which may have been sustained b
the owner or owners of the ground to be used and occupie
67
by said lateral railroad and landing; which valuation made by
the viewers shall be reported to the court, shall be conclusive:
Provided, That security, to be approved by the said court, shall
be given before the ground shall be broken for the construc-
tion of said lateral railroad and landing.
AN ACT FIXING THE GUAGES OF RAILROADS IN THE
COUNTY OF ERIE.
Approved nth March, 1851. (P. L., 1851, page 155.)
WHEREAS, The guages or width between the rails of the
several railroad tracks in the State of New York are four feet
eight and one-half inches, or six feet.
AND WHEREAS, By the general railroad law of the State of
Ohio, the guages of the railroads of that' State are fixed at four
feet ten inches ; therefore,
SECTION i. That the guage or width between the rails of
any track of any railroad running from the borough of Erie,
in the county of Erie, westwardly to the Ohio State line, or of
any part of any railroad, which shall or may be located between
a line running due south from the town of Erie to the Ohio
river and the Ohio State line, or of any railroad, any part of
which shall or may be used in connecting any railroad leading
eastwardly from the town of Erie, or from any point in the
aforesaid due south line with any railroad leading westwardly
to the Ohio State line, for the constructjpn of which, or either
of which, a company nowr is or may hereafter be incorporated
by the laws of this Commonwealth, shall be of the width of
four feet and ten inches, and no other.
SEC. 2. That the guage of any railroad running from the
New Y^frk State line westwardly shall, as far as the town of
Erie, or as far as the line running due south from the town of
Erie to the Ohio river, be constructed either of the guage of
six feet or of the guage of four feet eight and one-half inches :
Provided, That nothing in this. act contained shall be so con-
strued as in any way to enlarge the privileges or franchises of
68
any company now incorporated by the laws of this Common
wealth, except so far as regards the guage or width betweer
the rails.
(See act 6th February, 1852, fixing guage in other parts o
State.)
(See act I ith April, 1853, allowing guage to be of any widtl
that directors may deem expedient.)
AN ACT RELATING TO COUNTY PRISONS, * * * AN!
RELATIVE TO THE SERVICE OF PROCESS ON FOREIGI^
INSURANCE COMPANIES AND OTHER CORPORATIONS
Approved 8th April, 1851. (P. L., 1851, page 354.}
SECTION 6. That in any case when any insurance compam
or other corporation shall have an agency, or transact an}
business in any county of this Commonwealth, it shall am
may be lawful to institute and commence an action agains
such insurance company or other corporation in such county
and the original writ may be served upon the president
cashier, agent, chief, or any other clerk, or upon any director
or agent of such company or corporation within such county
and such service shall be good and valid in law, to all intent
and purposes.
AN ACT CONSTRUING THE FIFTH SECTION OF THE AC:
ENTITLED "A FURTHER SUPPLEMENT TO AN ACT T(
INCORPORATE THE PENNSYLVANIA RAILROAD COM
PANY," AND RELATIVE TO THE OBSTRUCTION Ol
PRIVATE ROADS BY RAILROAD COMPANIES, &c.
Approved 1 2th April, 1851. (P. L., 1851, page 518.}
SECTION 2. That any chartered railroad company in thi
Commonwealth obstructing or impeding the free use o
passage of any private road or crossing-place, by standing
burden cars or engines, or placing other obstructions on an;
railroad wherever any private road or crossing-place may b
necessary to enable the occupant or occupants of land o
69
farms to pass over any railroad with horses, cows, hogs, sheep,
carts, wagons, and implements of husbandry, shall for every
such offence, after any agent or other person in the employ-
ment of any railroad company shall have received at least
fifteen minutes' verbal notice to remove burthen cars, engines,
or other obstructions from any private road or crossing-place
that may pass over any railroad, be liable for a penalty of
thirty dollars, which shall be for the use of the person or per-
sons aggrieved, and which shall be recovered before any justice
of the peace in the same manner that debts not exceeding one
hundred dollars are by law recoverable. And in all suits or
actions that may be brought against any railroad company
for the recovery of said penalty of thirty dollars, the service of
legal process on any agent or other person in the employment
of any railroad company shall be as good and available in law
as if made on the president thereof.
A SUPPLEMENT TO AN ACT ENTITLED AN ACT TO IN-
CORPORATE THE LEWISVILLE AND PROSPECTVILLE
TURNPIKE ROAD COMPANY, * * * AND RELATIVE TO
LATERAL RAILROADS AND COUNTY COMMISSIONERS
IN ALLEGHENY COUNTY, &c.
Approved 1 2th April, 1851. (P. L., 1851, page 5J<5.)
SECTION 3. That it shall and may be lawful for the proprie-
tors of lateral railroads, in the county of Allegheny, to charge
and receive from all persons using their respective roads such
toll as is charged by the railroads throughout this Common-
wealth in addition to the tolls they are now empowered to
receive.
AN ACT RELATING TO THE COMMENCEMENT OF ACTIONS
* * * TO THE PROTECTION OF FENCES, &c.
Approved itfh April, 1851. (P. L., 1851, page 615.)
SECTION 12. That if any person or persons, from and after
the passage of this act, shall maliciously or voluntarily break
down any post and rail or other fence, put up for the enclosure
of lands, and carry away, break, or destroy any post, rail
or other material of which such fence was built, within thi:
Commonwealth, every person or persons so offending, am
being legally thereof convicted before any justice of the peact
or alderman within this Commonwealth, shall, for every sucl
offence, forfeit and pay the sum of ten dollars, one half thereo
to be paid to the informer, and the other half to the support o
the poor of such county, township, borough, or ward when
the offence has been committed, together with costs of prose
cution; and in default of payment, such person or person:
shall be imprisoned in the county jail not exceeding thirty day
for the first offence, and sixty days for the second : Provided
That either of the parties shall have the right of appeal in tht
same manner as in civil cases.
(This act has no special reference to railroads, and wa:
repealed 23d March, 1865.)
AN ACT TO INCORPORATE A COMPANY TO ERECT /
BRIDGE OVER THE SCHUYLKILL RIVER AT SPRING
MILL, * * * TO ACTIONS FOR DAMAGES SUSTAINS!
BY INJURIES DONE TO THE PERSON BY NEGLIGENCE
OR DEFAULT, &c.
Approved i $th April, 1851. (P. L., 1851, page 674.}
SECTION 18. That no action hereafter brought to recove:
damages for injuries to the person by negligence or defaul
shall abate by reason of the death of the plaintiff; but th(
personal representatives of the deceased may be substitutec
as plaintiff, and prosecute the suit to final judgment anc
satisfaction.
SEC. 19. That whenever death shall be occasioned by unlaw
ful violence or negligence, and no suit for damages be brough
by the party injured during his or her life, the widow of an)
such deceased, or, if there be no widow, the personal repre
sentatives, may maintain an action for and recover damage.'
for the death thus occasioned.
AN ACT TO INCORPORATE THE SUSQUEHANNA AND ERIE
RAILROAD COMPANY.
Approved i$th April, 1851. (P. L., 1852, page 722.)
SECTION 7. That it shall not be lawful for any private indi-
vidual or association of individuals, or any company or com-
panies, to construct a private railroad, connecting with any
railroad authorized to be constructed by the laws of this State,
with the Ohio and New York State lines, or with any railroad
constructed, or to be constructed, in the States of Ohio and
New York; and it shall not be lawful for any railroad company
authorized by the laws of this State to connect with any such
private railroad, and any violation of the provisions of this act
shall subject all individuals or associations of individuals vio-
lating the same to the jurisdiction of the courts of this State,
and to such forfeiture as the legislature may hereafter direct.
'AN ACT REGULATING RAILROAD GAUGES, AND SUPPLE.
MENTARY TO THE ACT INCORPORATING THE CATA-
WISSA AND TOWANDA RAILROAD COMPANY, WITH AN
EXTENSION TO THE NEW YORK AND ERIE RAILROAD
AT SOME CONVENIENT POINT ON THE STATE LINE.
Approved 6th February, 1852. (P. L., r8$2, page 35.}
SECTION 3. That said company shall have the right to locate,
biiild, or construct a railroad of one or more tracks, beginning
at some convenient point in the village of Catawissa, in the
county of Columbia, thence up Fishing creek, or some of its
branches, and through the counties of Sullivan and Bradford
to a point at the State line which may give a proper and con-
venient connection with the New York and Erie Railroad :
Provided, That the time of commencing the said road be
extended to five years from the passing of this act, and the
time for completing to ten years from the same time : And
provided further, That the gauge of the track of said railroad
shall be the same as the gauge of the track of the railroads
built and owned by the State; and any and every railroad
hereafter constructed through any portion of Pennsylvania,
from any point eastward of a line running due south across
the State from the State line beginning at the east line of Erie
county, shall be of the same gauge as the railroads built and
owned by the State, and no other ; and if any company shall
hereafter build or construct a railroad, having a southern or
eastern connection with any railroad leading to or towards
Philadelphia or Harrisburg, of a different gauge from the gauge
of the railroads built and owned by the State, then and in such
case all and singular the rights, powers, and privileges con-
ferred on such company by its charter, or by any supplement
thereto, shall be adjudged null and void : Provided, That
nothing contained herein shall be construed to apply to the
New York and Erie Railroad, to the Tioga Railroad, to the
Lackawanna and Western Railroad already constructed and
in operation, nor to the act fixing the gauges of railroads in
the county of Erie, passed the eleventh day of March, 1851.
(Repealed nth April, 1853, as respects gauges.)
AN ACT AUTHORIZING THE PENNSYLVANIA RAILROAD
COMPANY TO RUN THEIR CARS OVER CONNECTING
AND CONTINUOUS RAILROADS.
Approved jd March, 1853. (p> L>> fS53< Page *37*}
SECTION i. That the Pennsylvania Railroad Company be
and they are hereby authorized to run their cars and locomo-
tives over all connecting and continuous railroads, with the
consent of the companies owning the same, and also, their
cars over the railroads belonging to this Commonwealth, for
the transportation of freight, (passengers, their baggage, and
the United States mails,*) with the right of attachment to the
motive-power of the State, employed for these respective pur-
poses, upon such terms and conditions as may be agreed upon
between the canal commissioners and said Pennsylvania Rail-
road Company, or in case of failure to agree, then upon terms
* Repealed I3th May, 1855.
73
and conditions that shall not be less favorable to said company
than those that may be established from time to time, by the
canal commissioners, for the government of individuals doing
business on said railroads, except those engaged in the trans-
portation of freight passing the whole distance between Phila-
delphia and Pittsburg, over the public works : Provided,
That nothing herein contained shall be so construed as to
affect or impair the contract made with Bingham and Dock,
for the transportation of passengers and mails over the Phila-
delphia and Columbia Railroad by said commissioners, which
contract is hereby confirmed : Provided, That the legislature
hereby reserves the right to repeal this act of assembly, in
such manner, however, that no injustice shall be done to the
parties : And provided, That the canal commissioners shall at
all times be required to run a sufficient number of engines
between Lancaster and Philadelphia to accommodate the local
and way freight.
AN ACT REPEALING THE ACTS REGULATING THE GAUGE
OF THE TRACK OF RAILROADS.
Approved nth April, 1833. (P. L., 1853, page 366.}
SECTION I . That every railroad company heretofore chartered,
or which may hereafter be chartered, is hereby authorized to
construct or change their gauge or gauges of road to such
width as the directors of such railroad company may deem
expedient, and all laws inconsistent with this provision be
and they are hereby repealed.
AN ACT RELATIVE TO SUITS IN EJECTMENTS.
Approved i8th April, 1853. (P. L.t 1853, page 467.)
SECTION i. That any person wishing to bring ejectment for
land claimed adversely to him by any person or corporation
not resident or being within the county where such land lies,
74
may bring his action and serve the writ on any person withii
the county having charge or superintendence of the land, ii
behalf of or as agent of such party claiming adversely
Provided, That before any trial or judgment shall be had ii
such suit, it shall be made to appear to the satisfaction of th<
court that the defendant has had notice, in fact, of the suit ii
time to appear and defend it, and if the defendant be a corpor
ation, this notice may be given to the president or othe
chief officer of it.
AN ACT TO APPOINT COMMISSIONERS TO RUN ANE
MARK THE COUNTY LINES BETWEEN YORK, CUMBER-
LAND, AND ADAMS COUNTIES; * * * RELATIVE TC
RAILROADS AND PLANK ROADS IN CLARION COUNTY
&c.
Approved i8th April, 1853. (P. Z,., fSjj, page 528.)
SECTION 23. That the provisions of the second section o
the act entitled " An act authorizing the paving of Gray'i
Ferry road," &c., approved the fifth day of April, A. D. 1849
are hereby extended to the county of Clarion, and that in the
cases mentioned in said section, lateral railroads may be con-
structed in said county, not exceeding four miles in length, tc
connect with any streams in which logs can be floated in the
time of freshets, instead of plank roads, under and subject tc
all the provisions of the act regulating lateral railroads, ap-
proved the fifth day of May, Anno Domini eighteen hundrec
and thirty-two, and that it may be lawful for any person 01
persons owning or using saw-mills on Mill creek, or at the
mouth thereof, to float logs in said creek from his or theii
lands to their mills on said creek, or at the mills at the mouth
of said creek : Provided, This act shall only extend to that part
of said creek in Clarion county from the forks to the mouth
thereof.
75
AN ACT FOR THE PROTECTION OF MECHANICS AND
LABORERS.
Approved 22d April, 1854. (P. L., 1854, page 480.)
SECTION I. That in all assignments of property, whether
real or personal, which shall hereafter be made by any person
or persons, or chartered company, to trustees or assignees, on
account of inability at the time of the assignment to pay his
or their debts, the wages of miners, mechanics, and laborers
employed by such person or persons, or chartered company,
shall be first preferred and paid by such trustees or assignees,
before any other creditor or creditors of the assignor : Provided,
That any one claim thus preferred shall not exceed one
hundred dollars.
AN ACT TO EXEMPT CERTAIN LOANS AND BONDS FROM
TAXATION.
Approved ist May, 1854. (P- •£•» i$54> pages 535 and 536.)
SECTION i. That all certificates of loan now issued, or which
may be hereafter issued by the city of Philadelphia, or any of
the incorporated districts of the county of Philadelphia, in pay-
mf nt of subscriptions already made, or which may be hereafter
made, by the municipal authorities of said city or incorporated
districts, to the capital stock of any railroad company, and all
bonds or certificates of loans of any railroad company incor-
porated by this Commonwealth, be and the same shall be
liable to taxation for State purposes only.
AN ACT TO PRESCRIBE THE MANNER OF COLLECTING
CERTAIN TAXES.
Approved sth May, 1854. (P. L., 1854, page 569.}
SECTION i. That whenever a tax is charged upon the ton-
nage of any railroad in this Commonwealth, the distance shall
be estimated by taking the nearest whole number of miles,
76
rejecting fractions not greater than a half a mile, and adding
one to the whole number when the fraction is more than hal:
a mile.
SEC. 2. That the tax shall be charged on the whole distance
from the place of shipment to the place of delivery, whethei
the shipment be made upon a siding or branch belonging tc
the company which pays the tax, or upon the main line, subject
to the provisions of section one of this act.
AN ACT RELATIVE TO WEIGHMASTERS OF RAILROADS
IN SCHUYLKILL COUNTY.
Approved ^th May, 1854. (P. L., 1854, pages 570 and 571.)
SECTION i. That from and after the passage of this act, it
shall be the duty of the collector or weighmaster on each, and
every of the several railroads within the county of Schuylkill,
to weigh separately, each and every consignment of coal
passing over said railroads, and keep a correct record of such
consignments in a book, or books to be kept for that purpose,
and on application, shall furnish monthly to each, and all the
owners, (or their agents,) of coal lands lying in the county of
Schuylkill, a certified copy of the record of the weights of each
kind of coal, and each and every separate consignment of coal
passed over the scale of each of said railroads, respectively
mined from lands of said owners, and for each and every cer-
tificate so furnished, the said collectors or weighmasters shall
be allowed to charge the sum of twelve and a half cents, and
any collector or weighmaster refusing to furnish such certifi-
cate on application as aforesaid, shall be subject to a fine or
penalty of fifty dollars for each, and every such refusal, to be
recovered as sums of like amount are now recoverable by law :
Provided, That nothing herein contained shall alter, or change
the authority of any of the said railroad companies to charge
the rates now allowed to be charged for weighing coal.
77
AN ACT SUPPLEMENTAL TO AN ACT ENTITLED "AN ACT
TO INCORPORATE THE CLEVELAND AND PITTSBURG
RAILROAD COMPANY."
Approved 2d March, 1855. (P. L., fSjj, page 63.)
SECTION i. That the Cleveland and Pittsburg Railroad
Company be and it is hereby authorized to sell any bonds
held by it in payments for subscriptions made to the capital
stock of said company, by the counties of Beaver and Alle-
gheny, at such rates below par as may be agreed upon be-
tween said company and the parties purchasing the same :
Provided, That no sale shall be consummated until the com-
missioners of the county which issued the bonds shall have
by resolution, determined the lowest price at which said rail-
road company may sell the same, said resolution to be
recorded in the minutes of their proceedings ; and so much
of any act or acts of assembly as is hereby altered or sup-
plied, be and the same is hereby repealed.
AN ACT RELATING TO THE SUBSCRIPTIONS OF ALLE-
GHENY COUNTY TO CERTAIN RAILROAD COMPANIES.
Approved 2jth March, 1855. (P. L.t fSjj, page 129.)
SECTION i. That the provisions of an act, entitled "An act
supplemental to an act, entitled ' An act to incorporate the
Cleveland and Pittsburg Railroad Company,' " approved the
second day of March, 1855, be and the same are hereby
extended to all railroad companies, to the capital stock of
which companies subscription has been made by the county
of Allegheny, on special contract or agreement with the
county commissioners.
78
SUPPLEMENT TO AN ACT RELATING TO THE COM-
MENCEMENT OF ACTIONS, APPROVED THE THIR-
TEENTH DAY OF JUNE, 1836.
Approved izth April, 1833. (P. L., jSjj, page 213.)
SECTION I. That no person or company engaged in the
business of forwarding or transporting goods, wares, and
merchandise shall be made liable in any proceedings in attach-
ments as garnishee or otherwise, when such goods, wares, or
merchandise are in transitu, and at the time of service of pro-
cess beyond the limits of this Commonwealth, without default,
collusion, or fraud on the part of such person or company.
AN ACT RELATIVE TO THE ERECTION OF BRIDGES
OVER CANALS AND RAILROADS.
Approved 1 2th April, fSjj. (P. L.} 1855, page 220.)
SECTION i. That the provisions of the laws of this Com-
monwealth relative to the erection of bridges over rivers,
creeks, or rivulets, be and the same are hereby extended to
the erection of bridges over canals and railroads : Provided,
That bridges erected under the provisions of this act shall not
obstruct any canal or railroad over which such bridge may be
erected: And provided further. That nothing in this act shall
release railroad, or other companies, or the Commonwealth,
from the requirements of existing laws.
A SUPPLEMENT TO THE ACT CONSOLIDATING THE CITY
OF PHILADELPHIA.
Approved 2ist April, s8jj. (P. L,, 1855, pages 264-66,}
SECTION 10. That hereafter no railroad company, whose
road does or shall terminate within the city of Philadelphia,
shall have the right or power to locate and construct that
part of said road which shall extend within the limits of said
79
city, without first submitting the plans and surveys thereof,
exhibiting the grades and routes, to the board of survey of
said city, who shall have the power to conform the same as
far as may be practicable, to the general plan and regulations
of said city, as adopted at that time ; and all charters author-
izing the construction of any railroad within said city, shall
be taken to be subject to the above restriction : Provided, That
this shall not be construed to apply to any railroad already
graded or laid with rails in said city, unless the route or grade
thereof shall be altered.
AN ACT RELATING TO DAMAGES FOR INJURIES PRO-
DUCING DEATH.
Approved 26th April, fSjj. (P. L., 1855, page 309.)
SECTION i. That the persons entitled to recover damages
for^any injury causing death shall be the husband, widow,
children, or parents of the deceased, and no other relative;
and the sum recovered shall go to them in the proportion
they would take his or her personal estate in case of intestacy,
and that without liability to creditors.
SEC. 2. That the declaration shall state who are the parties
entitled in such action ; the action shall be brought within
one year after the death, and not thereafter.
AN ACT RELATING TO CORPORATIONS, AND TO ESTATES
HELD FOR CORPORATE, RELIGIOUS, AND CHARITABLE
USES.
Approved 26th April, ^855. (P. L., fSjf, pages 328 and 329.}
SECTION I. That it shall not be lawful for any councilman,
burgess, trustee, manager, or director of any corporation,
municipality, or public institution to be at the same time a
8o
treasurer, secretary, or other officer, subordinate to the presi
dent and directors, who shall receive a salary therefrom, or b
the surety of such officer ; nor shall any member of an
corporation or public institution, or any officer or agent there
of, be in anywise interested in any contract for the sale o
furnishing of any supplies or materials to be furnished to o
for the use of any corporation, municipality, or public institu
tion of which he shall be a member or officer, or for whicl
he shall be an agent, nor directly nor indirectly interestec
therein, nor receive any reward or gratuity from any persoi
interested in such contract or sale ; and any person violating
these provisions, or either of them, shall forfeit his member
ship in such corporation, municipality, or institution, and hi;
office or appointment thereunder, and shall be held guilty o
a misdemeanor, and on conviction thereof, shall forfeit an)
sum not less than three times any advantage he may have
derived by such offence, if any, and if no such advantage
have been received, then any sum in the discretion of the
court of quarter sessions of the proper county, not exceeding
five hundred dollars for each offence: Provided, That private
corporations heretofore incorporated, with any right or privi-
lege in conflict with this section, shall not be affected thereby
until such corporation shall, by resolution, agree to adopt
the provisions hereof, which it is hereby authorized to do.
SEC. 2. That any person who shall contract for the sale or
sell any supplies or materials as aforesaid, and shall cause to
be interested in any such contract or sale any member,
officer, or agent of any corporation, municipality, or institu-
tion, or give or offer any such person any reward or gratuity,
to influence him or them in the discharge of their official
duties, shall not be capable of recovering anything upon any
contract or sale, in relation to which he may have so practiced
or attempted to practice corruptly, but the same shall be void;
and such party shall be liable to conviction for a misdemeanor
in the court of quarter sessions of the proper county, and
shall be fined three times the amount so given or offered
corruptly, if ascertained, and if not ascertained, any sum
not exceeding five hundred dollars, in the discretion of
said court.
•I
AN ACT EXTENDING THE RIGHT OF TRIAL BY JURY TO
CERTAIN CASES.
Approved 27 th April, 1855. ( P. L. , fSjf, page 365. )
SECTION i. That in all cases that may hereafter arise under
the act of assembly regulating railroad companies, approved
the nineteenth day of February, Anno Domini one thousand
eight hundred and forty-nine, any party or parties who may
be aggrieved by the report or award of viewers appointed
under said act, may at any time, within thirty days after the
confirmation of such report, appeal from the same to the court
of common pleas by which said viewers were appointed.
AN ACT RELATING TO CORPORATIONS.
Approved jd May, 1855. (?• •£•• ^SS> pages 423 and 424.}
SECTION I. That every charter of incorporation granted or
to be granted shall be deemed and taken to be subject to the
power of the legislature, unless expressly waived therein, to
alter, revoke, or annul the same, whenever in their opinion it
may be injurious to the citizens of the Commonwealth ; in
such manner, however, that no injustice shall be done to the
corporators, and as fully as if the reservation of said power
had been therein expressed.
AN ACT TO PROVIDE FOR THE DESTRUCTION OF
CANADA THISTLES AND OTHER NOXIOUS WEEDS,
AND THE MAINTAINING OF DITCHES ON THE BANKS
OF RAILROADS IN THE COUNTY OF ERIE.
Approved jth May, 1855. (•?*• L.t '855, pages 476 and 477.}
SECTION* I. That it shall be the duty of the several railroad
:orporations owning or working railroads within the county
)f Erie, wherever water accumulates along the same to the
njury of the adjoining land, to excavate and maintain, on
82
both sides thereof, ditches, of sufficient width and depth am
of suitable grade to drain off the water in such manner as t(
protect the adjoining land from wash or soakage ; and it shal
further be the duty of the several railroad companies aforesai(
to cause all Canada thistles and other noxious weeds growing
on any lands owned or occupied by such corporation to b
cut down twice in each and every year, — once between th<
fifteenth day of June and first day of July, and once betwee:
the fifteenth day of August and the first day of September.
SEC. 2. That if the said corporations, or any or either c
them, shall neglect to make and maintain good and sufficien
drains or ditches to carry off the water, so as to prevent was]
or soakage on the adjacent land, or shall neglect to cause t
be cut down all Canada thistles and other noxious weeds a
the times mentioned in this act, it shall be lawful for an;
person to cut the same between the first and fifteenth days c
July and between the first and fifteenth days of Septembei
and to make, open, and repair said drains and ditches, at th
expense of the corporation on whose lands said drains an<
ditches are to be made and on which said Canada thistles o
other noxious weeds shall be so cut, at the rate of one dolla
per day for the time so occupied in doing the same, to b
recovered as debts of like amount are recoverable, in an
court of justice within the county of Erie.
AN ACT DECLARATORY OF THE CONSTRUCTION OF TH:
ELEVENTH SECTION OF AN ACT PASSED ON TH!
TWENTY-SIXTH DAY OF JULY, ANNO DOMINI ON
THOUSAND EIGHT HUNDRED AND FORTY-TWO.
Approved 2$th February, 1856. (P. L., 1856, page 61.)
SECTION i. That it is hereby declared to be the true inter
and meaning of the eleventh section of an act to incorporal
the Liberty Fire Company, of Holmesburg, in the county (
Philadelphia, approved the twenty-sixth day of July, Ann
83
Domini one thousand eight hundred and forty-two, and its
true and legal effect shall be, that in all cases where any
railroad or canal company, authorized by existing laws to
issue bonds, certificates of loan, or evidences of indebtedness
secured by mortgage, may have issued or shall hereafter
issue any such bonds, certificates of loan, or evidences of
indebtedness, executed by such company, and has disposed
of or may hereafter dispose of the same at less than their par
value, such transactions shall not be deemed usurious or in
violation of any law of this Commonwealth prohibiting the
taking of more than six per cent, interest.
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT REGU-
LATING RAILROAD COMPANIES," APPROVED THE
NINETEENTH DAY OF FEBRUARY, ANNO DOMINI ONE
THOUSAND EIGHT HUNDRED AND FORTY-NINE.
Approved qth April, 1856. (P. L., 1856, pages 288 and 289.)
WHEREAS, Some doubts and difficulties have arisen in
regard to the intention and proper construction of the first
section of a certain act, approved the twenty-seventh day of
April, Anno Domini one thousand eight hundred and fifty-five,
entitled "An act extending the right of trial by jury to certain
cases;" now, for the removal of said doubts and difficulties
and for certainty in the premises —
SECTION i. Be it enacted, £c., That the true intent and
meaning of the said act was, that it should apply to and
embrace cases pending at the time of the passage of the
said act.
SEC. 2. That hereafter in all cases where the parties cannot
agree upon the amount of damages claimed, or by reason of the
absence or legal incapacity of such owner or owners, no such
agreement can be made, either for lands, water, water-rights, or
materials, the company shall tender a bond, with at least two
sufficient sureties, to the party claiming or entitled to any
84
damages, or to the attorney or agent of any person absent, or
to the guardian or committee of any one under legal in-
capacity, the condition of which shall be, that the company
will pay or cause to be paid such amount of damages as the
party shall be entitled to receive, after the same shall have
been agreed upon by the parties, or assessed in the mannei
provided for by this and the act to which it is a supplement
Provided, That in case the party or parties claiming damages
refuse or do not accept the bond as tendered, the said com-
pany shall then give the party a written notice of the time
when the same will be presented for filing in court; anc
thereafter the said company may present said bond to the
court of common pleas of the county where the lands, water
or materials are, and if the bond and sureties are approved
the bond shall be filed in said court for the benefit of those
interested ; and recovery may be had thereon for the amoun
of damages assessed, if the same be not paid or cannot b<
made by execution on the judgment in the issue formed tc
try the question.
SEC. 3. That the viewers provided for in the eleventl
section of the act to which this is a supplement, may b<
appointed before or after the entry for constructing said roa<
or taking materials therefor, and upon the report of sai(
viewers, or any four of them, being filed in said court, eithe
party, within thirty days thereafter, may file his, her, or thei
appeal from said report to the said court ; after such appea
either party may put the cause at issue in the form directe*
by said court, and the same shall then be tried by said coui
and a jury ; and after final judgment, either party may have
writ of error thereto from the supreme court, in the manne
prescribed in other cases. The said court shall have powe
to order what notices shall be given connected with any pai
of the proceedings, and may make all such orders connecte
with the same as may be deemed requisite. If any exception
be filed with any appeal to the proceedings, they shall b
speedily disposed of; and if allowed, a new view shall b
ordered ; and if disallowed, the appeal shall proceed as befoi
provided.
85
SUPPLEMENT TO THE ACTS RELATING TO INCORPO-
RATIONS BY THE COURTS OF COMMON PLEAS.
Approved gth April, 1856. (P. L., 1856, page ZQJ.)
SECTION i. That it shall be lawful for any court of common
pleas of the proper county to hear the petition of any corpo-
ration under the seal thereof, by and with the consent of a
majority of a meeting of the corporators, duly convened, pray-
ing for permission to surrender any power contained in its
charter, or for the dissolution of such corporation; and if such
court shall be satisfied that the prayer of such petition may
be granted without prejudice to the public welfare or the
intq^ests of the corporators, the court may enter a decree in
accordance with the prayer of the petition, whereupon such
power shall cease or such corporation be dissolved : Provided,
That the surrender of any such power shall not in anywise
remove any limitation or restriction in such charter, and that
the accounts of the managers, directors, or trustees of any
dissolved company shall be settled in such court and be
approved thereby, and dividends of the effects shall be made
among any corporators entitled thereto, as in the case of the
accounts of assignees and trustees : Provided further, That no
property devoted to religious, literary, or charitable uses shall
be diverted from the objects for which they were given or
granted : Provided, That the decree of said court shall not go
into effect until a certified copy thereof be filed and recorded
in the office of the secretary of the Commonwealth.
(By the title of this act it appears to apply only to charters
granted by courts of common pleas.)
AN ACT RELATING TO THE SERVICE OF PROCESS IN
CERTAIN CASES.
\ Approved ijth March (April), 1856. (P. L., 1856, page jSS.)
SECTION i. That hereafter when any action is commenced
by any person against any corporation in any county in which
the property of said corporation was wholly or in part situated,
86
it shall be lawful, if the president, treasurer, secretary, or chief
clerk do not reside or cannot be found in such county, for the
sheriff or officer to whom any process may be directed to
serve the same on any manager or director in such county,
and the service so made shall be deemed sufficient ; and in
case no director or manager can be found in such county, it
shall be lawful for the sheriff or other officer to whom such
process is directed to go into any county to serve the process
aforesaid.
AN ACT TO PROVIDE FOR THE ORDINARY EXPENSES OF
GOVERNMENT, THE REPAIRS OF THE PUBLIC CANALS
AND RAILROADS, AND OTHER GENERAL AND SPECIAL
APPROPRIATIONS.
Approved ijth May, 1856. (P. L., 1856, page 560.)
SECTION 41. That so much of the act entitled "An act
authorizing the Pennsylvania Railroad Company to run their
cars over connecting and continuous railroads," approved the
third day of March, 1853, as relates to carrying passengers
and baggage and mails on the Philadelphia and Columbia
railroad, be and the same is hereby repealed ; and the canal
commissioners are hereby authorized to contract with responsi-
ble persons, or companies incorporated by any law of this
commonwealth, for carrying passengers, their baggage, and
United States mails, on the Philadelphia and Columbia rail-
road, for a period not exceeding five years from and after the
expiration of the contract now existing between the canal
commissioners and Bingham & Dock, on such terms and
conditions as will best promote the interest of the Common-
wealth : Provided, That from and after the first day of May
next it shall not be lawful for the city of Philadelphia to charge
and collect tolls on the city railroad for any greater distance
than that actually used, including the bridge over the Schuyl-
kill river, at Market street.
A SUPPLEMENT TO AN ACT RELATING TO DAMAGES
FOR INJURIES PRODUCING DEATH.
Approved zoth December •, 1856. (P. L., 1857, PaSe 79^0
SECTION i. That the act, approved the twenty-sixth day of
April, 1855, entitled "An act relating to damages for injuries
producing death," shall not be construed retrospectively, either
as to rights of actions accrued or actions pending, but that
the limitation of one year therein named shall be restricted to
cases accruing from and after the passage of said act.
AN ACT RELATIVE TO ASSIGNEES AND TRUSTEES OF
RAILROAD COMPANIES.
Approved i6th May, 1857. (P. L., 1857, page 538.}
SECTION i. That hereafter no assignees or trustees who, in
the discharge of the duties of their trust, have entered or shall
enter into the possession and management of any railroad under
any deed of assignment or mortgage, shall be personally
responsible for any damage which may occur to any passenger
or other person by collision, force, or violence occurring in the
operation of the railroad and locomotives so in their manage-
ment, without any default or misconduct of such assignees or
trustees ; and if any case of damages shall occur by reason
aforesaid, for which the railroad company if managing the
road would be liable, the damage may be recovered against
the assigning or mortgaging company, and execution therefor
shall be levied of the property and effects held in trust by
such assignees or trustees, or of any trust funds in their hands,
by execution or attachment of execution, and be paid as part
of the expenses of administering the trust, in preference to
the creditors of the company, and the assignees and trustees
shall accordingly have credit therefor in their accounts ; and
it shall be lawful for such assignees or trustees to make settle-
ment of such claims for damages by compromise, approved
by any court having jurisdiction of their accounts.
A SUPPLEMENT TO THE ACT REGULATING RAILROADS
Approved soth May, 1857. (•?• •£•• J857> Pa£e 629.)
SECTION i. That no lateral or private railroad leading fron
any ore mine, coal mine, or limestone or other quarry, no\
having the right to cross, at grade, the track of any railroa*
authorized to be built by any special charter granted by thi
Commonwealth, shall be permitted to cross such track of sue!
chartered railroad at more than two crossings, or with mor
than a double track; and the proprietors of any such latera
or private railroad leading from any such mine, opening, o
tunnel, shall, at the point of crossing such chartered railroad
be confined to a double track; and the company owning sue!
chartered railroad shall have the right, in any case, to enfora
compliance with the provisions of this section, by refusing tc
permit more than a double crossing, as aforesaid.
AN ACT FOR THE BETTER SECURITY OF LABORERS
MECHANICS, AND OTHERS, IN CERTAIN CORPORATIONS.
Approved ijth October, 1857. (P. L., 1858, pages 615 and 616.}
SECTION i. That for the purpose of providing additional
security for the payment of miners, laborers, operatives, and
mechanics for services rendered or which may be hereafter
rendered, supplies and materials furnished or hereafter to be
furnished, to any coal, iron, canal, navigation, railroad, or
turnpike company, incorporated in whole or in part by the
laws of this Commonwealth, it shall be lawful and competent
for any such company to execute a lien or liens, or instrument
of writing sufficient thereto, with inventory attached, and
attested by the common seal of said company, if said company
have such common seal, and if such company have no common
seal, then said instrument of writing to be signed by the
president of the board of directors or managers, attested by
the secretary, to a trustee or trustees, upon any or all their
wagons, teams, horses, mules, cars, carts, boats, equipments,
engines, tools, and machinery used in conducting the business
of any such company, to be held by said .trustee or trustees
89
as a lien for the sole purpose or purposes aforesaid, until said
debts herein contemplated are fully discharged, by the sale
thereof or otherwise : Provided, That the said instrument or
instruments of writing be first acknowledged as other deeds
are and recorded in the office for recording deeds, in the res-
pective counties wherein said companies transact business,
within thirty days from the execution thereof: And provided
furthcr^\va\. this act shall continue in force until the first day
of February, 1859, and no longer, unless extended by a sub-
sequent legislature.
(This act does not appear to have been extended.)
AN ACT RELATIVE TO BONDS ISSUED BY THE COUNTY
OF ALLEGHENY FOR STOCK IN RAILROAD COMPANIES.
Approved ijth April, 1858. (P. L., r8$8, pages 252 and 253.)
SECTION I. That the commissioners of the county of Alle-
gheny be and they are hereby authorized to exchange with
any one or more holders or owners or trustees, or guardians
of any holder or owner of bonds of said county, issued in
payment for stock in any railroad company, any amount
of said stock now owned by said county, for an equal amount
of the said bonds, each at their par value : Provided, That no
stock shall be exchanged except for bonds issued in payment
for stock in the same company; and within one month after
effecting any such exchange, said commissioners shall publicly
cancel any bonds received for stock, in the presence of one or
more judges of the court of common pleas, who shall sign a
certificate of "such cancellation upon the minutes of the board.
A FURTHER SUPPLEMENT TO THE ACT ENTITLED "AN
ACT REGULATING LATERAL RAILROADS," PASSED MAY
5th, 1832.
Approved 2oth April, 1858. (P. L., 1858, page 361.}
• SECTION I. That hereafter, in all cases where a petition has
been presented for the appointment of viewers, under the pro-
visions of the said act and its supplements, it shall be the duty
9o
of the viewers so appointed to report in writing whether tl:
road asked for is necessary for public or private use, as we
as the damages which will be sustained by the owner c
owners of intervening lands ; and when, in the opinion of th
court, the road is necessary for public or private use, it sha
be lawful for the petitioner or petitioners, upon giving bom
with one or more sureties, to be filed with the petition, and t
be approved by the court to which such petition shall ha\
been presented, conditioned for the payment of such damage
as shall be assessed under the provisions of the acts to whic
this is a supplement, to proceed in the opening, constructing
completing, and using the said railroad, with one or moi
tracks, as prayed for in said petition.
A FURTHER SUPPLEMENT TO THE ACT INCORPORATIN
THE CITY OF PHILADELPHIA.
Approved 2ist April, 1858. (P. L., 1858 page 385.}
SECTION i. That the offices, depots, car-houses, and othe
real property of railroad corporations situated in said city, th
superstructure of the road and water stations only exceptec
are and hereafter shall be subject to taxation by ordinances fo
city purposes.
A SUPPLEMENT TO THE ACT OF i6th JUNE, 1836, ENTITLE]
"AN ACT RELATING TO EXECUTIONS."
Approved 22d April, 1858. (P. L., 1858, page 458^.}
SECTION i. That so much of the act to which this is a sup
plement as relates to the appointment of sequestrators in case
where judgments have been obtained against corporation.'
executions issued thereon and returned unsatisfied, is hereb;
declared not to apply to any unfinished railroad: Provider
That nothing herein contained shall be so construed as t<
prevent a sequestrator from taking custody of the receipts an<
revenues of any portion of any such road that may be so fa
completed as to be in running order.
iN ACT TO ENABLE THE CITY OF PITTSBURG TO RAISE
ADDITIONAL REVENUE.
Approved 4th January, 1859. (P. L., 1859, PaSe 828.)
SECTION 3. That all real estate situated in said city, owned
>r possessed by any railroad company, shall be and is hereby
nade suoject to taxation for city purposes, the same as other
eal estate in said city.
\ SUPPLEMENT TO AN ACT IN REFERENCE TO RUNNING-
OF LOCOMOTIVE-ENGINES AND CARS ON CONNECTING
RAILROADS, APPROVED isth MARCH, 1847.
Approved zgth March, 1859. (?• £•) f$59> Page 290.}
SECTION i. That the act passed on the I3th day of March,
\nno Domini one thousand eight hundred and forty-seven,
mtitled " An act in reference to running of locomotive-engines
ind cars on connecting railroads," shall be so construed as to-
luthorize companies owning any connecting railroads in the
State of Pennsylvania to enter into any leases and contracts
.vith each other in respect to the use, management, and
working of their several railroads : Provided, That the company
>o contracting for or leasing any such railroad may have the
•ight to fix the tolls thereon, but not at a higher rate than
s authorized by the charter of either of the said railroad
:ompanies.
A.N ACT TO CONSOLIDATE, REVISE, AND AMEND THE
PENAL LAWS OF THIS COMMONWEALTH.
Approved jsst March, 1860. (P. L., i86ot pages 391, 412, 416, and 417.)
SECTION 29. If any person shall be maimed, or otherwise
injured in person, or injured in property, through or by reason
:>f the wanton and furious driving or racing, or by reason of
:he gross negligence or willful misconduct of the driver of any
public stage, mail coach, coachee, carriage, or car employed
92
in the conveyance of passengers; or through or by reason
the gross negligence or willful misconduct of any engineer
conductor of any locomotive-engine or train of railroad Cc
or carriages ; or any captain or other officer of any steambc
employed in the conveyance of passengers, or of goods, war<
merchandise, or produce of any description, such driv«
engineer, conductor, captain, or officer, shall, on convicti
thereof, be sentenced to pay a fine not exceeding five hundr
dollars and undergo an imprisonment, by separate or solita
confinement, or by simple imprisonment, not exceeding fi
years : Provided, That the provisions of this act shall not i
terfere with the civil remedies against the proprietors ai
others to which the injured party may by law be now entitle
SEC. 126. If any person, engaged in carrying or transportii
coal, iron, lumber, or other articles of merchandise or proper
whatsoever within this commonwealth, shall fraudulently s<
or dispose of or pledge the same, or any part thereof, witho
the consent of the owner thereof, such offense shall be deem<
a misdemeanor, and the offender shall, on conviction, be se
tenced to pay a fine not exceeding five hundred dollars, ai
to undergo an imprisonment not exceeding one year; or
any person shall knowingly buy and receive the said me
chandise, knowing the same to have been sold, disposed <
or pledged fraudulently, he shall, on conviction, be sentena
to the like punishment.
SEC. 142. If any person shall willfully and maliciously pi
place, cast, or throw upon or across any railroad any woo
stone, or other matter or thing; or shall willfully and ma
ciously take up, remove, or displace any rail, sleeper, or oth
matter or thing belonging to any railroad; or shall willful
and maliciously turn, move, or divert any switch or oth
machinery belonging to any railroad; or shall willfully ar
maliciously make or show, hide or remove any signal or lig"
upon or near any railroad; or shall willfully and malicious
do, or cause to be done, any other matter or thing, with inter
in any of the cases aforesaid, to obstruct, upset, overthrow
injure, or destroy any tender, carriage, car, or truck used c
such railroad, or to endanger the safety of any person trave
ing or being upon such railroad, every such offender shall I
93
guilty of felony, and, being thereof convicted, shall be sen-
enced to pay a fine not exceeding ten thousand dollars, and
o undergo an imprisonment, by separate or solitary confine-
nent, at ^bor, not exceeding ten years.
SEC. 143. If any person shall willfully and maliciously cast,
:hrow, or cause to fall or strike against, into, or upon any
mgine, tender, carriage, car, or truck used upon any railroad,
my wood or stone or other matter or thing, with intent to
endanger the safety of any person being in or upon such
engine, tender, carriage, car, or truck, every such offender
shall be guilty of misdemeanor, and being thereof convicted
shall be sentenced to pay a fine not exceeding one thousand
dollars, and to undergo an imprisonment not exceeding three
years.
SEC. 147. If any person shall unlawfully and maliciously
break, injure, or otherwise destroy or damage any part of any
locomotive or stationary engine, inclined plane, engine-house,
station, or depot, bridge, culvert, trestle work, or other build-
ing or structure belonging to any railroad, or any other part
of such railroad; or shall wantonly and maliciously derange
or displace the fixtures or machinery of any locomotive or
stationary engine used or employed on any railroad; or shall
willfully and maliciously destroy or injure any fence or wall,
cross-road passing over or under such railroad; or shall un-
lawfully and maliciously break, injure, or otherwise destroy or
damage any of the posts, wires, or other materials or fixtures
employed in the construction and use in any line of an elec-
trical telegraph, or shall willfully and maliciously interfere
with such structure so erected, or in any way attempt to lead
from its uses or make use of the electrical current, or any
portion thereof, properly belonging to and in use, or in readi-
ness to be made use of, for the purpose of communicating
telegraphically from one station of a telegraph company to
another established station of the same, or a connecting tele-
graph line; or shall unlawfully and maliciously break, injure,
or otherwise destroy or damage any bridge, river, or meadow
bank or mill-dam ; or willfully and maliciously take down,
injure, remove, or in any manner damage or destroy any flag,
flag-staff, beacon, buoy, or other way or water marks which
94
now are or hereafter may be put, erected, or placed, by lav
authority, near or in any streams that are or may be decla
public highways ; or shall unlawfully and maliciously c
break, or otherwise destroy any lead, tin, copper, or iron sp
affixed to any house or other building, public or private ;
shall unlawfully and maliciously daub, paint, or otherv,
deface any dwelling-house, such offender shall be guilty c
misdemeanor, and, upon conviction, be sentenced to pay a i
not exceeding five hundred dollars, and undergo an impris
ment not exceeding twelve months, or both, or either, at
discretion of the court.
A SUPPLEMENT TO AN ACT ENTITLED « AN ACT REI
TIVE TO BONDS ISSUED BY THE COUNTY OF ALL
GHENY, FOR STOCK IN RAILROAD COMPANIES," /
PROVED THE THIRTIETH DAY OF APRIL, ANNO DOMI
ONE THOUSAND EIGHT HUNDRED AND FIFTY-EIGHT
Approved sd April, 1860. (P. L., 1860, page 589.)
SECTION i. That it shall and may be lawful for any execute
administrators, guardians, and trustees holding bonds of t
.said county of Allegheny, such as are mentioned in the ;
to which this is a supplement, to exchange the same for sto
in the several and respective railroad companies, in the nic
ner mentioned in the said act, and to hold or dispose of t
said stock so taken in exchange, without responsibility on th
part for any loss which may be occasioned by any depreciati
in the value of the said stock or the non-payment of any di
dend by the said companies.
AN ACT TO ENABLE CITIZENS TO HOLD TITLE WHIG
HAD BEEN HELD BY ALIENS AND CORPORATIONS.
Approved qth January, 1861. (P. L., 1861, pages 2 and j.)
SECTION I. That whensoever any alien, or any foreign cc
poration, or corporations of another State, or of this Stal
shall have held title to real estate within this State, which 1
95
or they were not by the laws of this Commonwealth authorized
to hold, a*id shall have heretofore conveyed such title to any
citizen of the United States, before any inquisition shall have
been taken against the real estate so held to escheat the same,
such citizen shall hold, and may convey such title and real
estate indefeasibly, as to any right of escheat in this Common-
wealth, by reason of such real estate having been held by an
alien, or corporation not authorized to hold the same, or to
the extent in which it had been held.
AN ACT CONCERNING THE SALE OF RAILROADS, CANALS,
TURNPIKES, BRIDGES, AND PLANK ROADS.
Approved 8th April, 1861. (P. L., i86it pages 259 and 260.)
SECTION i. That -whenever any railroad, canal, turnpike,
bridge, or plank road of any corporation created by or under
any law of this State, shall be sold and conveyed under and
by virtue of any process or decree of any court of this State,
or of the circuit court of the United States, the person or
persons for, or on whose account such railroad, canal, turnpike,
or plank road may be purchased, shall be, and they are hereby
constituted a body politic and corporate, and shall be vested with
all the right, title, interest, property, possession, claim, and
demand in law and equity, of, in, and to such railroad, canal,
turnpike, bridge, or plank road, with its appurtenances, and with
all the rights, powers, immunities, privileges, and franchises of
the corporation as whose the same may have been so sold, and
which may have been granted to or conferred thereupon by
any act or acts of assembly whatsoever, in force at the time
of such sale and conveyance, and subject to all the restrictions
imposed upon such corporation by any such act or acts, except
so far as the same are modified hereby; and the person for or
on whose account any such railroad, canal, turnpike, bridge,
or plank road may have been purchased, shall meet within
thirty days after the conveyance thereof shall be delivered, —
public notice of the time and place of such meeting having been
given at least once a week for two weeks, in at least one news-
paper published in the city or county in which such sale may
96
have been held, — and organize said new corporation, by electin
a president and board of six directors, (to continue in offk
until the first Monday of May succeeding such meeting, whe:
and annually thereafter, on the said day, a like election for
president and six directors shall be held, to serve for one year
and shall adopt a corporate name and common seal, determir
the amount of capital stock thereof, and shall have power an
authority to make and issue certificates therefor to the pu
chaser or purchasers aforesaid, to the amount of their respectrv
interests therein, in shares of fifty dollars each, and may thei
or at any time thereafter, create and issue preferred stock t
such an amount and on such terms as they may deem nece<
sary, and from time to time to issue bonds, at a rate of intere.'
not exceeding seven per cent, to any amount not exceedin
their capital stock, and to secure the same by one or mor
mortgages upon the real and personal property and corporat
rights and franchises, or either or any part or parts thereof.
SEC. 2. That it shall be the duty of such new corporatior
within one calender month after its organization, to make
certificate thereof, under its common seal, attested by the sig
nature of its president, specifying the date of such organizatior
the name so adopted, the amount of capital stock, and th
names of its president and directors, and transmit the sai<
certificate to the secretary of State at Harrisburg, to be file<
in his office, and there remain of record; and a certified cop^
of such certificate so filed shall be evidence of the corporat
existence of said new corporation.
AN ACT SUPPLEMENTARY TO AN ACT, PASSED i4th APRIL
1834, ENTITLED "AN ACT RELATIVE TO SUITS BROUGHT
BY AND AGAINST CANAL AND RAILROAD COMPANIES/
Approved ijth April, 1861. (P. /,., 1861, page 385.}
SECTION I. That the act to which this is a supplement shal
be and hereby is extended to all suits, actions, and proceeding;
instituted against any canal or railroad company, as well fo]
the assessment of damages occasioned by construction of sucl:
canals or railroads as for any other cause.
*
AN ACT RELATING TO CERTAIN CORPORATIONS.
Approved 2jd April, 1861. (P. L., 1861, pages 410 and 411.}
SECTION i. That it shall and may be lawful for any railroad
company created by and existing under the laws of this Com-
monwealth, from time to time to purchase and hold the stock
and bonds, or either, of any other railroad company or com-
panies chartered by or of which the road or roads is or are
authorized to extend into this Commonwealth; and it shall be
lawful for any railroad companies to enter into contracts for
the use or lease of any other railroads, upon such terms as
may be agreed upon with the company or companies owning
the same, and to run, use, and operate such road or roads in
accordance with such contract or lease: Provided, That the
roads of the companies so contracting or leasing shall be
directly, or by means of intervening railroads, connected with
each other.
AN ACT SUPPLEMENTARY TO AN ACT TO CONSOLIDATE,
REVISE, AND AMEND THE PENAL LAWS OF THIS COM-
MONWEALTH, PASSED THE THIRTY-FIRST DAY OF
MARCH, ANNO DOMINI ONE THOUSAND EIGHT HUN-
DRED AND SIXTY.
Approved ist May, 1861. (P. L., 1861, page 465.)
SECTION i. That whenever any person in the employ of any
railroad company, whether such company is incorporated by
this or any other State, shall fraudulently neglect to cancel or
return to the proper officer, company, or agent, any coupon
or other railroad ticket, with the intent to permit the same to be
used in fraud or injury of any such company; or if. any person
shall steal or embezzle any such coupon or other railroad ticket,
or shall fraudulently stamp or print or sign any such ticket,
or shall fraudulently sell or put in circulation any such ticket,
iny person so offending, shall, upon conviction thereof, be
sentenced to pay a fine not exceeding one thousand dollars,
md to undergo an imprisonment, by separate or solitary con-
inement, at labor, not exceeding five years.
98
A FURTHER SUPPLEMENT TO AN ACT IN REFERENCE
TO RUNNING LOCOMOTIVE-ENGINES AND CARS ON
CONNECTING RAILROADS, APPROVED isth MARCH, 1847
Approved ist May, 1861. (P. L., 1861, page 485.}
SECTION i. That where any railroad company, incorporatec
under the provisions of the act of February I9th, 1849, entitlec
"An act regulating railroad companies," shall have leasec
their road to another company owning a connecting railroac
in this State, as authorized by the supplement of March 29th
1859, to the act to which this is a further supplement, anc
when the terms of such lease shall specify that the road is tc
be kept in repair by the lessees, the said lessees shall enjo)
the same rights and privileges, in regard to the repairs anc
maintenance of said road, as are conferred upon the compan)
owning the same, by the tenth and eleventh sections of the sau
act of February I9th, 1849; and the said lessees shall alsc
be entitled to the benefit of the penalties provided in th<
fifteenth section of said act, and may sue for and recover th<
same for their own use and advantage.
AN ACT RELATING TO RAILROAD COMPANIES.
Approved i6th May, 1861. (P. L., 1861, pages 702 to 704.)
SECTION I. That it shall be lawful for any railroad compan1
chartered by this Commonwealth to merge its corporate rights
powers, and privileges into any other railroad company, s<
chartered, connecting therewith, so that by virtue of this ac
such companies may be consolidated, and so that all th
property, rights, franchises, and privileges then by law veste
in such company so merged, may be transferred to and veste
in the company into which such merger shall be made.
SEC. 2. That such consolidation and merger shall be mad
under the following conditions and restrictions, to wit: —
I. The directors or managers of each corporation may ente
into a joint agreement, under the corporate seal of each coir
pany, for the consolidation of the said companies and of sue
merger, prescribing the terms and conditions thereof, and th
99
manner of converting the capital stock of the said company
so to be merged into the stock of the company into which
such merger shall be made, and all other such provisions as
they shall deem necessary to perfect the said consolidation
and merger.
II. Said agreement shall be submitted to the stockholders of
each of such companies, at a meeting thereof, called separately;
of the time, place, and object of which meeting due notice
shall be given by publication once a week for two successive
weeks, before said meeting, in one newspaper published in
each of the counties through or into which the railroads of
said companies respectively shall or may be authorized to
extend ; and at said meeting the said agreement shall be con-
sidered, and a vote by ballot, in person or by proxy taken for
the adoption or rejection of the same, each share entitling the
holder thereof to one vote; and if a majority of all the votes
cast at each of such meetings shall be in favor of said agree-
ment, consolidation, and merger, then that fact shall be certified
by the secretary of such company, and said certificate, together
with a copy of the agreement, shall be filed in the office of the
secretary of the Commonwealth; whereupon, the said agree-
ment shall be deemed and taken to be the act of consolidation
of said companies.
SEC. 3. That upon the filing of the said certificate and copy
of agreement in the office of the secretary of the Common-
wealth, the said merger shall be deemed to have taken place,
and the said companies to be one corporation, possessing all
the rights, privileges, and franchises theretofore vested in
either of them ; and all the property, real, personal, and mixed,
and debts due, and rights of action, shall be deemed and taken
:o be transferred to and vested in the company into which
such merger may have been made, without further act or deed;
ind all property, all rights of way, and all other interests shall
)e as effectually the property of such company or corporation
nto which such merger may have been made, as they were of
either of the former corporations, parties to said agreement:
Provided, That all rights of creditors, and all liens upon
:he property of either of said corporations, shall continue un-
mpaired, and the respective corporations may be deemed to
100
be in existence to preserve the same; and all debts, duties
and liabilities of either of said companies shall thencefortl
attach to the consolidated company, and may be enforce(
against it to the same extent and by the same process as :
said debts, duties, and liabilities had been contracted by it
And provided further, That in case of any differences or incon
sistencies of any nature, between the acts regulating sai<
companies respectively, then the said consolidated compan
shall in all respects be regulated by the laws then governing an<
applicable to that company into which such merger may hav
been made: And provided further, That a certified copy of th
said certificate and copy of agreement so to be filed in th
office of the secretary of the Commonwealth, shall be evidenc
of the lawful holding and action of such meeting and of th
consolidation of such companies and of the said merger: Ant
provided further, That if any stockholder or stockholders c
any railroad companies shall be dissatisfied with or object t<
any such consolidation, then it shall and may be lawful fo
any such stockholder or stockholders, within thirty days afte
the execution of said agreement for consolidation, to appl
by petition to the court of common pleas of the county i
which the chief office of the said companies may respectivel
be held, to appoint three disinterested persons to estimat
and appraise the damage, if any, done to such stockholde
or stockholders by said proposed consolidation, and whos
award, or that of a majority of them, when confirmed b
the said court, shall be final and conclusive; and the person
so appointed shall also appraise the share or shares of sai
stockholders in the said company at the full market valu
thereof, without regard to any depreciation in consequenc
of the said proposed consolidation ; and the said company ma)
at its election, either pay to the said holder the amount c
damages so found, or the value of the stock so ascertainec
and upon payment of the value of the stock, as aforesaid, th
said stockholders shall transfer the stock so held by then
to said company, to be disposed of by the directors of sai
company, or retained by them for the benefit of the remainin
stockholders.
(Supplied but not repealed by act of 24th March, 1865.)
101
AN ACT TO ENCOURAGE THE DEVELOPMENT OF COAL
AND MINERAL LANDS IN THE COUNTIES OF HUNTING-
DON, CAMBRIA, AND BEDFORD.
Approved 2ist March, 1862. (P. L., 1862, pages 149 and 150.}
SECTION i. That in all cases where the owner or owners of
coal or mineral lands, situated in either of the counties of
Bedford, Cambria, or Huntingdon, has or have obtained, or
may hereafter obtain, the right to construct a lateral railroad,
under the act of assembly of 5th May, one thousand eight
hundred and thirty-two, relating to lateral railroads, and the
several supplements thereto, or may desire to construct such
lateral railroad from the line of the established railroad of any
incorporated company over his, her, or their own lands, it
shall and may be lawful for any incorporated company in this
Commonwealth to aid such owner or owners, whether an
individual, an association of individuals, or another incorpora-
ted company, by furnishing money, labor, and materials, or
either or all of them, for the construction of such lateral
railway, sidings, et cetera, not exceeding three miles in length.
SEC. 2. That it shall be lawful for any incorporated company
in this Commonwealth, which shall agree to aid any individual
or association of individuals, or other incorporated company,
in pursuance of the first section of this act, to take a mortgage
upon such lateral railroad, its sidings, turnouts, and appurte-
nances, and upon the real estate intended to be developed
thereby, or upon either or all of them, to secure all advances
of money, labor, and materials intended to be made, within
twelve months from the date of such mortgage, setting out
clearly in such mortgage the purpose and intent for which it
is given ; and such mortgage shall be prior in lien to any
incumbrance that may be entered between the recording of
such mortgage and the expiration of twelve months from the
date of the mortgage.
SEC. 3. That within one month after the completion of
such lateral railroad, or at the expiration of twelve months
from the date of the mortgage, if such lateral railroad be not
then completed, it shall be the duty of the president of the
company mortgagee to have recorded in the office of the
102
recorder of deeds, and to file in the office of the prothonotary
of the court of common pleas of the proper county, statements
verified by his oath or affirmation, setting forth the advances
actually made, and the dates when made, of money, labor, 01
materials, or either or all of them, intended to be secured by saic
mortgage, which statements shall be indexed by the recordei
among mortgages, and by the prothonotary on the judgmenl
docket; and at any time after such statements shall be so re-
corded and filed, it shall be the right either of the mortgagee 01
mortgagees, or any lien creditor of the mortgagor or mort-
gagors, upon application to the court of common pleas or any
judge thereof in vacation, with notice to the mortgagee, when
application is made by the mortgagor, and to the mortgagee and
mortgagor, when application is made by lien creditor, upon
cause shown, to have issued, by order of said judge or court;
a scire facias, upon such mortgage, to determine the amount
actually advanced by such mortgagee, whether the same be
then due and payable or not, which amount so ascertained shall
stand as the amount of incumbrance by virtue of said mort-
gage, upon the railroad or lands described therein, and may
be collected by due process of law, at such time or times as
the same may be due and payable by the terms and conditions
of said mortgage : Provided, That unless the statements
hereinbefore provided for be recorded and filed as herein-
before directed, such mortgage shall lose its lien as against all
lien creditors or bona fide purchasers subsequent to the date of
such mortgage.
AN ACT TO PROVIDE FOR THE DESTRUCTION AND TO
PREVENT THE SPREAD OF CANADA THISTLES.
Approved 22d March, 1862. (P. L., 1862, page 164.}
SECTION i. That from and after the passage of this act, it
shall be the duty of every person or persons, and of every
corporation holding lands in this Commonwealth, either by
lease or otherwise, on which any Canada thistles, or weed
commonly known as Canada thistle, may be growing, to cut
the same, so as to prevent such weeds or thistles from going
103
to seed, and the seed of the same from ripening; and any
person or persons, or corporation as aforesaid, who shall or
may have land as aforesaid, in the said counties, and who
shall neglect or refuse to comply with the provisions of this
act, shall forfeit and pay a fine of fifteen dollars, one-half
to the county treasurer, and the other half to the use of
the person suing for the same, who shall be a competent
witness to prove the facts, to be recovered as other debts of
the like amount, before any justice of the peace, or in any
court of record in said county.
SEC. 2. That if any person or persons or corporation so
holding land as aforesaid, on which Canada thistles, or the
weeds commonly known as such, shall be growing and likely
to ripen seed thereon, shall neglect or refuse to cut and de-
stroy the same, so as to prevent the seed thereof from ripening,
it shall and may be lawful for any person or persons who may
consider themselves aggrieved, or about to be injured by such
neglect or refusal, to give five days' notice in writing to such
person or persons or corporation, to cut and destroy such
weeds or thistles ; and on their neglect or refusal to cut and
destroy the same at the end of five days, it shall and may be
lawful for any person or persons so aggrieved, or believing
themselves about to be injured thereby, to enter upon or hire
other persons to enter upon such premises, and cut down and
destroy such Canada thistles ; and the person or persons so
employed shall be entitled to recover from such person or
persons or corporation owning or holding such land, com-
pensation at the rate of two dollars per day, to be sued for and
recovered as debts of like amount, before any justice or court
in said counties.
A SUPPLEMENT TO A RESOLUTION TO PROTECT LABOR-
ERS AND CONTRACTORS. APPROVED JANUARY aist,
ANNO DOMINI 1843.
Approved ^th April, 1862. (P. L., 1862, pages 235 and 2j6.)
WHEREAS, It frequently happens that incorporated companies,
by assignment, conveyance, mortgage, or other transfer, divest
themselves of their real and personal estate, in contravention
IO4
of the provisions of the resolution of January 2ist, 1843
therefore,
SECTION i. Be it enacted, That whenever any incorporate!
company, subject to the provisions of the above resolution
shall divest themselves of their real or personal estate, con
trary to the provisions of said resolution, it shall and may b<
lawful for any contractor, laborer, or workman employed ii
the construction or repair of the improvements of said com
pany, having obtained judgment against the said company, tc
issue a scire facias upon said judgment, with notice to an}
person or to any incorporated company claiming to hold 01
own said real or personal estate, to be served in the same
manner as a summons upon the defendant, if it can be founc
in the county, and upon the person or persons or incorpo-
rated company claiming to hold or own such real estate ; and
if the defendant cannot be found, then upon the return of one
nihil and service as aforesaid, on the person or persons or
company claiming to hold or own as aforesaid, the case to
proceed as in other cases of scire facias on judgment against
terre tenants.
AN ACT FOR THE MORE EFFICIENT COLLECTION OF
DEBTS DUE THE COMMONWEALTH.
Approved 7th April, 1862. (P. L., 1862, pages 304 andjoj.)
SECTION i. That the several provisions of the twelfth sec-
tion of the act of i6th April, 1845, entitled " An act to increase
the revenues and diminish the legislative expenses of the Com-
monwealth," and of the fourth section of the act of the 2 1st
April, 1846, entitled "A supplement to the law relating to
defaulting public officers," are hereby extended to all suits by
the Commonwealth against counties, corporations, and persons
whatsoever ; and the said fourth section of the said act of the
2 1st April, 1846, shall be so construed as to require that the
affidavit of defence shall set forth specifically the nature and
character of the defence : Provided, That a county shall not be
required to file an affidavit of defence.
105
AN ACT SUPPLEMENTARY TO AN ACT ENTITLED « AN
ACT CONCERNING THE SALE OF RAILROADS, CANALS,
BRIDGES, AND PLANK ROADS." APPROVED APRIL, A. D.
1861.
Approved nth April, 1862. (P. L., 1862, pages 450 and 451.}
SECTION i. That in all cases in which any railroad, canal,
bridge, or plank road may be sold in the manner contemplated
by the act to which this is a supplement, and a debt or debts
may be due to the Commonwealth from the company, as
whose property such railroad, canal, bridge, or plank road
may have been sold, the purchaser or purchasers of such
roads, canal, or bridge shall not be entitled to the benefits and
privileges conferred by said act, or any of them, until he or
they shall have paid such debt or debts to the Commonwealth,
or until the payment of the same, with interest, shall be
secured by bond or bonds and first mortgage upon all the
real and personal property, corporate rights and franchises,
which shall pass to the said purchaser or purchasers by such
sale.
AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN
ACT TO REQUIRE CORPORATIONS TO GIVE BAIL IN
CERTAIN CASES, AND RELATIVE TO THE COMMENCE-
MENT OF SUITS AGAINST FOREIGN CORPORATIONS,
&c., &c." APPROVED isth MARCH, 1847.
Approved nth April, 1862. (P. L., 1862, pages 449 and 450.}
SECTION I. That in all cases where any company has been
incorporated by this Commonwealth, and the principal office
for the transaction of business thereof shall be located out of
this State, and where none of the officers upon whom process
can be served, under the existing laws of the Commonwealth,
reside in the State, it shall be lawful to sue said company, in
any county in this State where the said company, at any time,
transacted the business thereof, or where the works or real
estate of such company were located ; and such legal process
may be served on such company, by publication of a copy of
io6
the process in such newspaper as the court may direct, for s
weeks previous to the return day; and for every purpose
legal proceeding, such company shall be taken, both in Is
and equity, to be located in this State, and shall be liable
writs of quo warranto, mandamus, attachment, and executio
and service of such process, by publication as aforesaid, sh;
be, to all intents and purposes, as effective as if served up<
the president of such company, or other officer of the sam
and he or they resident of the proper county of this State, ai
as if the company's office were within the State; and ai
property, of any description, of such company, within the Stai
shall be liable to attachment and execution ; and any sue
property, which would be liable to attachment or executic
if the said office were located in this State, shall be taken
be in this State for such purpose, and shall be liable to ICA
and sale, in the same manner as if the officers of said compai
resided in the county in this State in which the same is liab
to be sued by the provisions of this act.
AN ACT GRANTING TO THE SUPREME COURT JURISDI
TION OF A COURT OF CHANCERY IN ALL CASES C
MORTGAGES, ET CETERA.
Approved nth April, 1862. (P. Z,., 1862, page 477.}
SECTION i. That the Supreme Court of this Commonweal
shall have and exercise all the powers and jurisdiction of
court of chancery in all cases of mortgages given by corpor
tions.
AN ACT TO PROTECT THE WAGES OF LABOR IN CE1
TAIN COUNTIES OF THIS COMMONWEALTH.
Approved nth April, 1862. (P. L., 1862, pages 479, 480, and 481.}
SECTION i. That in all assignments of property, whether re
or personal, which may hereafter be made by any person <
persons, firm, company, or association, whether chartered <
not, to trustees or assignees, on account of inability or pre-
tended inability, at the time of such assignment, to pay his,
her, their, or its debts, the wages and salaries of persons
employed by such person or persons, firm, company, or
association, shall be preferred and paid, by such assignees
or trustees, before any other creditors of such assignor or
assignors.
SEC. 2. That in case of the death of any person, resident
within this Commonwealth, the wages or salaries of any
person employed by him shall be first paid out of his estate,
before any other debts, except necessary funeral expenses, and
medicine and attendance furnished in the last sickness ; and
in case of the dissolution of any firm, company, or association,
as aforesaid, or of the private sale or transfer, or determination
whatsoever, of the business of such firm, company, or associa-
tion, the wages and salaries of persons employed by them
shall be a lien upon their property, and shall be first paid out
of the estate, effects, and assets of such firm or company.
SEC. 3. That in all cases of executions, landlords' warrants,
venditioni exponas, levari facias, and writs of a like nature,
hereafter to be issued, for the sale of real or personal property,
against any person or persons, firm, company, or association,
as aforesaid, it shall be the duty of the sheriff, or other officer
executing such writ, to give to the persons employed by the
defendant in said writ notice of the issuing thereof, by ten
written or printed handbills, put up in public places in the
neighborhood of the property to be sold, at least ten days
before the proposed sale, requiring them to make known to
him, before the sale of said property, the kind and amount of
their respective claims against such defendant; and such
claims, when so made known, shall be first paid out of the
proceeds of such sale, by the officer or court making distribu-
tion ; such claims being subject, however, to all legal objec-
tions which may be made as to the amount or existence
thereof.
SEC. 4. The claims for wages, or on account of salaries,
mentioned in the foregoing sections, shall be a lien on the
real estate of the person, firm, company, or association liable
to pay the same, prior and superior to all other liens upon
io8
said real estate, except the lien of judgments and mortgag
given for the purchase-money of the property on which the
are liens, and the liens of judgments and mortgages enten
prior to the commencement of the work for which such wag
are due, and the liens of mechanics and material-men, fil(
under the act of i6th June, 1836, and its supplements, ar
except as may be in the foregoing sections excepted : Provide
That the persons who may be entitled to demand the clain
intended to be preferred by the provisions of this act shall,
every case, first exhaust the proceeds of the personalty,
there be such, before resorting to the realty, and that no 01
claim so preferred, or hereby made a lien, shall exceed tl
sum of one hundred dollars : Provided further, That the Ik
provided for shall not continue beyond the period of si
months from the end of the time during which the work <
service was rendered, unless judgment for the amount di
shall, before that time, have been received, and a transcri]
thereof filed and docketed in the office of the prothonotary «
the court of common pleas of the proper county.
SEC. 5. The provisions of the foregoing sections shall on]
apply to cases for the recovery of wages of labor done an
performed, within six months immediately preceding tr.
assignment, death, or levy by execution mentioned therein.
SEC. 6. In all cases in appeals, by defendants, from tr.
judgment of justices of the peace or award of arbitrator
obtained in any suit brought or to be brought, for th
recovery of wages or salaries, by any miner, mechanic, h
borer, or clerk, against any person or persons or chartere
company, engaged in the mining of coal or manufacture (
iron, either as owner of the soil or having a lease of coa
mine or mines, furnace or rolling-mill, the said defendan
or his agent or attorney, shall, before any such appeal b
granted, declare, on oath or affirmation, in writing, that th
appeal is not for the purpose of delay, but that the judgmer
to be appealed from is unjust, and for more money than :
justly due.
SEC. 7. The provisions of this act shall extend only to th
counties of Schuylkill, Bedford, and Blair.
io9
AN ACT AUTHORIZING RAILROAD COMPANIES TO RE-
LOCATE THEIR ROADS IN CERTAIN CASES.
Approved nth April, 1862. (P. L., 1862, pages 497 and 498.}
SECTION i. That whenever any portion or portions of any
railroad, which has been or may hereafter be constructed by
any railroad company, under the authority of this Common-
wealth, shall be found to pass over or in proximity to any
workable vein or veins of iron-ore, coal, or other mineral,
so as to interfere with the ordinary method of mining the
same, or with the safety of said road, then, and in every such
case, it shall be lawful for such railroad company to relocate
the said road, in such manner as they may deem best; said
relocation shall not exceed five hundred yards from their old
location, so as to avoid the interference aforesaid ; and for this
purpose every such company shall have all the powers and
authorities conferred, and be subject to all the liabilities im-
posed, by its charter of incorporation, as existing at the time
such relocation is made : Provided, That all rights of such
company, over the location so abandoned by them, shall cease
from and after the relocation and occupation of the new route
selected.
AN ACT TO PREVENT ACTIONS AT LAW OR PROCEEDINGS
IN EQUITY IN CERTAIN CASES.
Approved nth April, 1863. (P. L., 1863, page 334.}
SECTION i. That if it shall appear in any proceeding at law
or equity, heretofore instituted and now pending, or hereafter
instituted in any of the courts of this Commonwealth, by or
in the name of any sequestrator, county, city, or borough, to
recover or compel payment of any subscription or subscrip-
tions, or part or parts thereof, made by any person or persons
to the capital stock of any railroad company incorporated by
the general assembly of this Commonwealth, subject to the
provisions of the act entitled "An act regulating railroad com-
panies," approved the nineteenth day of February, 1849, tnat
before such proceeding was instituted the act incorporating
such railroad company had been repealed, or the charter thereof
no
revoked by an act of the general assembly of this Commor
wealth, no judgment or decree shall be entered or mad
against the person or persons aforesaid, but he or they sha
have judgment, or an order for his or their reasonable an
proper costs.
AN ACT TO ENCOURAGE THE EXTENSION OF LATERA
RAILROADS.
Approved 22d April, 1863. (P. L., 1863, pages 532 and 5JJ.)
SECTION i. That any railroad company heretofore or here
after authorized to build any branch, lateral, or diverging lin
of railroad, or extension of such railroad, may, to encourag
the construction thereof, specially mortgage any such brand:
lateral, or diverging line, the road-bed and other real estate ac
quired, or to be acquired therefor, the income thereof and th
franchise, so far as they are specially applicable thereto, an<
may issue plain or coupon bonds secured by such mortgage
and may negotiate them on such terms, as to rate of interes
and price and place of payment, as they may deem advisable
Provided, That such mortgage shall not exceed fifteen thou
sand dollars for each mile of road it covers, and that no bon<
for a less amount than one hundred dollars shall be issue<
under this act: And provided further, That every such mort
gage shall be recorded in the county or counties in or througl
which such branch, diverging, or lateral line is or shall b<
constructed : And provided, Such mortgage shall not operatt
against the lien of laborers and material-men, on work am
labor done, and materials furnished in the construction o
said road.
AN ACT TO REGULATE RAILROAD GAUGES.
Approved 22d April, i86j. (P. L., 1863, page 534.)
SECTION i. That the gauge of all railroads heretofore 01
hereafter authorized to connect with the Philadelphia and Erk
Railroad, and on which the track is not now wholly or parti}
laid, shall conform to and be the same as the gauge of th<
said Philadelphia and Erie Railroad.
Ill
AN ACT AUTHORIZING NOTARIES PUBLIC IN THIS
STATE, AND IN ANY STATE OR TERRITORY IN THE
UNITED STATES, TO TAKE ACKNOWLEDGMENTS OF
DEEDS AND LETTERS OF ATTORNEY, AND TO CONFIRM
ACKNOWLEDGMENTS HERETOFORE MADE.
Approved 22d April, 1863. (P. L., 1863, page 549.)
SECTION 3. That where any deed of conveyance, mortgage,
or other instrument of writing has been heretofore executed
or acknowledged, or both, by any corporation, under any
power sufficiently authorizing the same, and shall have been
informally executed or acknowledged by any officer de facto
of such corporation, or shall have been executed or acknowl-
edged by the officers of such corporation, in the manner
prescribed by law for the acknowledgment of deeds and
mortgages by individuals, such deed, mortgage, or instrument
shall be taken to be of the same validity and effect as if
executed and acknowledged in the manner prescribed by law
for the execution and acknowledgment of deeds, mortgages,
and other instruments by corporations : Provided, That no case
heretofore judicially decided shall be affected by this act.
AN ACT TO PREVENT FRAUDS UPON TRAVELERS.
Approved 6th May, 1863. (P. L., 1863, pages 582 and 583.}
WHEREAS, Numerous frauds have been practiced upon un-
suspecting travelers, by means of the sale, by unauthorized
persons, of railway and other tickets; and also upon railroads
and other corporations, by the fraudulent use of tickets, in
violation of the contract of their purchase; now, therefore,
with the view of preventing and punishing such frauds —
SECTION i . That it shall be the duty of the owner or owners
of any railroad, steamboat, or other conveyance for the trans-
portation of passengers, to provide each agent who may be
authorized to sell tickets, or other certificates entitling the
holder to travel upon any railroad, steamboat, or other public
conveyance, with a certificate, setting forth the authority of
such agent to make such sales ; which certificate shall be duly
attested by the corporate seal, if such there be, of the owner
of such railroad, steamboat, or other public conveyance, and
112
also by the signatures of the owner or officer whose name
signed upon the tickets or coupons which such agents may se
SEC. 2. That it shall not be lawful for any person, not po
sessed of such authority so evidenced, to sell, barter, or tran
fer, for any consideration whatever, the whole or any part
any ticket or tickets, passes, or other evidences of the holdei
title to travel on any railroad, steamboat, or other public co
veyance, whether the same be situated, operated, or owm
within or without the limits of this Commonwealth.
SEC. 3. That any person or persons violating the provisioi
of the second section of this act shall be deemed guilty
misdemeanor, and shall be liable to be punished, by a fine n<
exceeding five hundred dollars, and by imprisonment not e:
ceeding one year, or either or both, in the discretion of tr
court in which such person or persons shall be convicted.
SEC. 4. That it shall be the duty of every agent who sha
be authorized to sell tickets or parts of tickets, or other ev
dences of the holder's title to travel, to exhibit to any perso
desiring to purchase a ticket, or to any officer of the law wh
may request him, the certificate of his authority thus to sel
and to keep said certificate posted in a conspicuous place i
his office', for the information of travelers.
SEC. 5. That it shall be the duty of the owner or owners (
railroad, steamboat, and other public conveyances, to provid
for the redemption of the whole or any parts or coupons c
any ticket or tickets, as they may have sold, as the purchase
for any reason, has not used and does not desire to use, at
rate which shall be equal to the difference between the pric
paid for the whole ticket and the cost of a ticket between th
points for which the proportion of said ticket was actuall
used; and the sale, by any person, of the unused portion c
any ticket, otherwise than by the presentation of the same fc
redemption, as provided for in this section, shall be deemed t
be a violation of the provisions of this act, and shall be pun
ished as is hereinbefore provided : Provided, That this act sha!
not prohibit any person who has purchased a ticket from an;
agent, authorized by this act, with the bona fide intention c
traveling upon the same, from selling any part of the same t(
any other person, if such person travels upon the same.
AN ACT RELATING TO THE LIENS OF COMMON CARRIERS
AND OTHERS.
Approved ijth December, fS6j. (P. L., 1864, pages ri2j and 1128.}
SECTION I. That in all cases in which commission mer-
chants, factors, and all common carriers, or other persons
shall have a lien under existing laws upon any goods, wares,
merchandise, or other property, for or on account of the costs
or expenses of carriage, storage, or labor bestowed on such
goods, wares, merchandise, or other property, if the owner or
consignee of the same shall fail or neglect or refuse to pay the
amount of charges upon any such property, goods, wares, or
merchandise, within sixty days after demand thereof, made
personally upon such owner or consignee, then and in such
case it shall and may be lawful for any such commission
merchant, factor, common carrier, or other person having such
lien, as aforesaid, after the expiration of said period of sixty
days, to expose such goods, wares, merchandise, or other
property to sale at public auction, and to sell the same, or so
much thereof as shall be sufficient to discharge said lien,
together with costs of sale and advertising : Provided, That
notice of such sale, together with the name of the person or
persons to whom such goods shall have been consigned, shall
have been first published for three successive weeks in a
newspaper published in the county, and by six written or
printed handbills, put up in the most public and conspicuous
places in the vicinity of the depot where the said goods
may be.
SEC. 2. That upon the application of any of the persons or
corporations having a lien upon goods, wares, merchandise,
or other property, as mentioned in the first section of this act,
verified by affidavit, to any of the judges of the courts of
common pleas of this Commonwealth, setting forth that the
places of residence of the owner and consignee of any such
goods, wares, merchandise, or other property are unknown, or
that such goods, wares, merchandise, or other property are of
such perishable nature, or so damaged, or showing any other
cause that shall render it impracticable to give the notice as
114
provided for in the first section of this act, then and in sue
case it shall and may be lawful for a judge of the city (
county in which the goods may be to make an order, to be b
him signed, authorizing the sale of such goods, wares, merchai
dise, or other property, upon such terms as to notice as it
nature of the case may admit of and to such judge shall see;
meet: Provided, That in cases of perishable property, tl
affidavit and proceedings required by this section may be ha
before a justice of the peace.
SEC. 3. That the residue of moneys arising from any sue
sales, either under the first or second sections of this act, aft*
deducting the amount of the lien, as aforesaid, together wil
costs of advertising and sales, shall be held subject to tf
order of the owner or owners of such property.
SEC. 4. That an act of the general assembly, entitled "A
act in reference to liens of common carriers and others
approved the sixteenth day of March, Anno Domini or
thousand eight hundred and fifty-eight, be and the same
hereby repealed.
AN ACT IN RELATION TO FEEDING S.TOCK WHIL
AWAITING TRANSPORTATION ON RAILROADS.
Approved -i6th of December, 1863. (P. L., 1864, pages if 24 and 1125.}
SECTION I. That it shall be lawful for drovers, owners,
shippers of horses, cattle, sheep, hogs, and other anima
upon the several railroads of this Commonwealth, and they
either of them, by themselves or their agents, shall have t)
right at all seasonable hours to enter any of the stock
cattle yards of any of said companies, used in connection wi
said railroads, for the purpose of feeding and taking care
said animals while in said yards waiting transportation ; ai
when the cars have been designated by railroad companies
their agents to receive any of said animals for transportati*
on said roads, it shall be lawful, and the said drovers, owne
or shippers of said animals, or their agents, shall have t
right to provide suitable and customary bedding for the ki
of animals to be transported, and place same in said cars
before said animals are put into the same for transportation :
And provided, That said bedding shall be of the usual and
customary kind used for that purpose, and shall not increase
the risk or hazard of said companies in the said transportation.
AN ACT RELATING TO RAILROAD AND CANAL COMPANIES.
Approved nth April, 1864. (P. Z,., 1864, pages jgj and 394.)
SECTION I . That it shall and may be lawful for any canal
company incorporated by this Commonwealth, to enter into
any contract or contracts with any other canal or railroad
company with reference to the traffic to be carried on their
respective works, the proportion thereof, the rates to be paid
therefor, and for paying a proportion of the expenses of
operating any railroads, transporting freight, using either of
the improvements ; and all contracts heretofore made with
respect to the matters aforesaid are validated and confirmed :
Provided, however, That nothing herein contained shall author-
ize either of the parties to said contract to make higher or
greater charges than are now allowed by law, nor to affect in
any way the right of companies, individuals, and the public to
use the respective works and to pursue, without interference,
their lawful employments on the same respectively, under
existing laws.
A SUPPLEMENT TO THE ACT CONCERNING THE SALE
OF RAILROADS, CANALS, TURNPIKES, BRIDGES, AND
PLANK ROADS, APPROVED THE EIGHTH DAY OF APRIL,
A. D. 1861.
Approved i8th April, 1864. (P. L., 1864, page 452.}
SECTION I. That whenever any railroad, canal, turnpike,
bridge, or plank road of any corporation created by or under
any law of this State, shall be sold and conveyed by an
assignee or trustee of the property of such corporation as
such, constituted for the use or benefit of all the creditor
thereof, such sale and conveyance shall confer the same privi
leges and impose the same duties and restrictions upon th<
person or persons for or on whose account the same may b<
purchased, and otherwise operate in all respects as is provide*
in the said act to which this is a supplement in regard to an;
sale or conveyance under or by virtue of any process or decre<
of any court.
AN ACT RELATIVE TO RAILROADS USING STEAM IN THI
CITY OF PHILADELPHIA.
Approved 2jd April, 1864. (P. L., 1864, page 550.)
WHEREAS, The public safety and convenience require tha
the railroads using steam should, whenever it is reasonabb
convenient, pass over or under the public highways; therefore
SECTION i. That the tenth section of the act, approved th
twenty-first day of April, Anno Domini one thousand eigh
hundred and fifty-five, entitled " A supplement to the act con
solidating the city of Philadelphia," shall not apply to an;
railroad chartered, or which may hereafter be charterec
authorized by law to use steam as a motive-power, and shal
only apply to passenger railways using public streets laid ou
according to law.
A SUPPLEMENT TO AN ACT ENTITLED " AN ACT RE
LATING TO RAILROAD COMPANIES," PASSED MA'
i6th, 1861.
Approved 27 th April, 1864. (P. L., 1864, pages 6ij and 6i8.~)
SECTION i. That whenever any merger or consolidatio
shall take place between two or more railroad companie.
under and by virtue of the act of assembly to which this is
supplement, the company into which such merger shall tak
place shall have power and authority to make such increas
in its capital stock and shares as may be expedient in carryin
such merger or consolidation into effect : Provided, however,
That such increase shall not be more than the amount of the
capital stock and shares of the company or companies so
merged and consolidated.
AN ACT TO PROVIDE ADDITIONAL REVENUE FOR THE
USE OF THE COMMONWEALTH.
Approved 2^th of August, 1864. (P. L., 1864, pages 988 and 9<?9-)
SECTION I. That the president, treasurer, cashier, or other
financial officer of every railroad company, steamboat com-
pany, canal company, and slack-water navigation company,
and all other companies now or hereafter doing business
within this State, and upon whose works freight may be
transported, whether by such company or by individuals, and
whether such company shall receive compensation for trans-
portation, for transportation and toll, or shall receive tolls
only, except turnpike companies, plank road companies, and
bridge companies, shall, within thirty days after the first days
of January, April, July, and October of every year, make
return in writing to the auditor-general, under oath or affirma-
tion, stating fully and particularly the number of tons of freight
carried over, through, or upon the works of said company for
the three months immediately preceding each of the above-
mentioned days ; and each of said companies, except as afore-
said, shall, at the time of making such return, pay to the State
treasurer for the use of the Commonwealth, on each two
thousand pounds of freight so carried, tax at the following
rates, viz.: — First , on the product of mines, quarries, and clay
beds, in the condition in which said products may be taken
therefrom, two cents ; second, on hewn timber, animal food,
including live stock, also on the product of the forest, vege-
table and other agricultural products, the value of which has
not been increased by labor, three cents ; third, on all other
articles, five cents. Where the same freight shall be carried
over and upon different but continuous lines, said freight shall
be chargeable with tax as if it had been carried but upon one
line, and the whole tax shall be paid by such one of said
companies as the State treasurer may select and notify thereo
Corporations whose lines of improvement are used by othei
for the transportation of freight, and whose only earning
arise from tolls charged for such use, are authorized to ad
the tax hereby imposed to said tolls, and collect the sarr
therewith, but in no case shall tax be twice charged on th
same freight carried on or over the same line of improv<
ments : Provided, That every company now or hereafter inco:
porated by this Commonwealth, whose line extends into an
other State, and every corporation, company, or individual <
any other State, holding and enjoying any franchises, propert;
or privileges whatever in this State, by virtue of the lav
thereof, shall make returns of freight and pay for the freigl
carried over, through, and upon that portion of their lin<
within this State as if the whole of their respective lines wei
in this State.
(Supplied but not repealed in direct terms by act of May is
1868.)
AN ACT EMPOWERING RAILROAD COMPANIES TO EMPLO
POLICE FORCE.
Approved 2jth February, 1865. (P. L., 1865, pages 225 and 226.)
SECTION I. That any corporation owning or using a railroz
in this State may apply to the governor to commission sue
persons as the said corporation may designate to act ;
policemen for said corporation.
SEC. 2. The governor, upon such application, may appoi
such persons, or so many of them as he may deem proper,
be such policemen, and shall issue to such person or persoi
so appointed a commission to act as such policemen.
SEC. 3. Every policeman so appointed shall, before enterir
upon the duties of his office, take and subscribe the oa
required by the eighth article of the Constitution, before tl
recorder of any county through which the railroad for whit
such policeman is appointed shall be located ; which oat
after being duly recorded by such recorder, shall be filed
the office of the secretary of State, and a certified copy of such
oath, made by the recorder of the proper county, shall be
recorded with the commission in every county through or
into which the railroad for which such policeman is appointed
may run, and in which it is intended the said policeman shall
act ; and such policemen so appointed shall severally possess
and exercise all the powers of policemen of the city of Phila-
delphia, in the several counties in which they shall be so author-
ized to act as aforesaid ; and the keepers of jails or lock-ups
or station-houses, in any of said counties, are required to
receive all persons arrested by such policemen for the com-
mission of any offense against the laws of this Commonwealth
upon or along said railroads or the premises of any such
corporation, to be dealt with according to law.
SEC. 4. Such railroad police shall, when on duty, severally
wear a metallic shield, with the words " railway police" and
the name of the corporation for which appointed inscribed
thereon, and said shield shall always be worn in plain view,
except when employed as detectives.
SEC. 5. The compensation of such police shall be paid by the
companies for which the policemen are respectively appointed,
as may be agreed upon between them.
SEC. 6. Whenever any corporation shall no longer require
the services of any policeman so appointed as aforesaid, they
may file a notice to that effect, under their corporate seal,
attested by their secretary, in the several offices where the
commission of such policeman has been recorded, which shall
be noted by the several recorders upon the margin of the
record where such commission is recorded, and thereupon
the power of such policeman shall cease and be determined.
AN ACT TO PROMOTE THE SAFETY OF TRAVELERS ON
RAILROADS, AND TO PUNISH NEGLIGENT AND CARE-
LESS EMPLOYEES THEREOF.
Approved 22d March, 1865. (P. L., 1865, pages jo and jr.)
SECTION I. From and after the passage of this act, if any
person or persons in the service or employ of a railroad or
120
other transportation company doing business in this Stat
shall refuse or neglect to obey any rule or regulation of sue]
company, or, by reason of negligence or willful misconducl
shall fail to observe any precaution or rule which it was hi
duty to obey and observe, and injury or death to any persoi
or persons shall thereby result, such person or persons s<
offending shall be deemed guilty of a misdemeanor, and o;
conviction thereof shall be sentenced to pay a fine not exceed
ing five thousand dollars and to undergo an imprisonment i:
the county jail, or in the State penitentiary, not exceeding fiv
years: Provided, That nothing in this act shall be construe<
to be a bar to a trial and conviction for any other or highe
offense, or to relieve such person or persons from liability i;
a civil action for such damages as may have been sustained.
SEC. 2. It shall be the duty of the prosecuting attorney c
the city or county where any such injuries may have happenec
as soon as he shall have notice of the same, to take immediat
action and legal measures for the apprehension and arrest c
the person or persons who may be charged with causing th
injuries as aforesaid, and to direct subpoenas to issue from an;
justice of the peace to witnesses, to appear and testify on th
part of the Commonwealth touching such offenses charged a
aforesaid, and to prosecute the offenders as in other cases c
misdemeanor : And provided further, That no conviction c
the employees shall relieve the company from any liability fo
any such injuries or death.
AN ACT TO AUTHORIZE RAILROAD COMPANIES WHOS1
LINES REACH NAVIGABLE STREAMS TO ERECT DOCKS
PIERS, OR WHARVES THEREIN, AND TO TAKE PRIVAT1
PROPERTY FOR SUCH PUBLIC USE, ON COMPENSATION
AND RATIFYING THE PURCHASE OF THE SAME.
Approved 2jd March, 1865. (P. L., 1865, page jj.)
SECTION i . That it may be lawful for any railroad company
chartered by this Commonwealth, the line of whose roac
crosses or reaches any navigable streams, to erect in sucl
121
stream such docks, wharves, and piers as may by them be
deemed needful for the accommodation of the public and the
business thereof; and for such purpose such companies may,
from time to time, purchase or take and hold any lands,
wharves, docks, or piers, giving security and making com-
pensation to the owners thereof in the manner provided by the
act entitled "An act regulating railroad companies," approved
the nineteenth day of February, Anno Domini one thousand
eight hundred and forty-nine, and all supplements thereto :
Provided always, That the navigation of such rivers or streams
shall not be impeded by the construction of such docks, piers,
or wharves, and that the same shall not be constructed in the
rivers Delaware or Schuylkill, at the city of Philadelphia
without the license and authority of the board of wardens of
the said city of Philadelphia, and in the way and manner now
authorized by law ; and all purchases heretofore made by any
railroad company for such purpose or purposes be and the
same are hereby ratified and confirmed.
A FURTHER SUPPLEMENT TO "AN ACT RELATING TO
RAILROAD COMPANIES," PASSED MAY i6th, 1861.
Approved 2jd March, 1865. (P. L., 1865, pages 41 and 42.}
SECTION i. That in all cases of merger or consolidation of
two or more railroad companies, under and by virtue of the
act of assembly to which this is a further supplement, the
company into which such merger shall heretofore have been
or may be hereafter made, shall have the power and authority
to issue bonds, with coupons for interest thereto attached, and
to create a mortgage of all its property, real and personal, and
also of all its rights, privileges, and franchises, to trustees, to
secure the payment of the bonds so issued, and to give and
exchange the said bonds for the debts of the respective com-
panies so merged or consolidated : Provided, That the bonds
so issued shall not exceed in amount the whole of the debts
122
of such companies so merged, and that said bonds shall n<
bear a rate of interest of more than seven per centum p(
annum.
SEC. 2. That the bonds so issued may be given in liei
exchange, and satisfaction of and for all bonds, mortgages, c
other debts or claims against the companies thus merged an
consolidated, upon such terms as may be agreed upon by an
between the holders of such debts or claims and the compan
into which such merger or consolidation has taken place.
A SUPPLEMENT TO AN ACT RELATING TO FENCES
APPROVED APRIL i4th, 1851.
Approved 2jd March, 1865. (P. L., ^$65, pages 42 and 43.}
SECTION i. That if any person or persons, from and afte
the passage of this act, shall maliciously or wantonly breal
or throw down any post and rail or other fence erected fo
the enclosure of land, or shall carry away, break, or destro}
any post, rail, or other material of which such fence wa
built, enclosing any lots or fields within the Commonwealth
such person or persons so offending shall be guilty of a mis
demeanor, and on conviction shall be sentenced to pay a fin<
not exceeding fifty dollars, one-half thereof to be paid to th<
informer, on conviction of the offender or offenders, the othe]
half to the support of the poor of such county, township
borough, or ward where the offense has been committed
with costs of prosecution, or to undergo an imprisonment no-
exceeding six months, or both or either, at the discretion o
the court.
SEC. 2. That all acts or parts of acts inconsistent herewith
are hereby repealed.
123
A SUPPLEMENT TO THE GENERAL LAW RELATING TO
RAILROAD COMPANIES, APPROVED igth FEBRUARY, 1849.
Approved 2jth March, 1865. (P. Z,., 1865, page 43.}
SECTION I. That any company incorporated under any law
of this Commonwealth, and having authority to construct a
railroad or railroads within the same, under the provisions
of the general railroad act of the ipth February, one thou-
sand eight hundred and forty-nine, shall be and is hereby
authorized, from time to time, to receive subscriptions for
and issue such additional shares of capital stock as may
be necessary to construct and fully equip, with suitable
locomotive-engines and rolling stock, such railroad or rail-
roads ; the par value of which additional shares shall be the
same as that of the then existing shares of said company, and
the stock so issued shall stand, in all respects, upon the footing
of the original stock thereof.
SEC. 2. That the number of directors to be elected by any
railroad company incorporated by any law of this Common-
wealth may be increased (if deemed expedient) to any
number exceeding thirteen.
AN ACT SUPPLEMENTARY TO AN ACT REGULATING
RAILROAD COMPANIES, APPROVED THE NINETEENTH
DAY OF FEBRUARY, A. D. 1849.
Approved 2^th March, 1865, (P. L., 1865, pages 49,50, and 57.)
SECTION i. That it shall and may be lawful for any railroad
company or corporation organized under the laws of this
Commonwealth, and operating a railroad, either in whole
within or partly within and partly without this State, under
authority of this and any adjoining State, to merge and con-
solidate its capital stock, franchises, and property of any other
railroad company or companies or corporations, organized and
operated under the laws of this or any other State, whenever
the two or more railroads of the companies or corporations
124
so to be consolidated shall or may form a continuous line
railroad with each other or by means of any intervenir
railroad : Provided, That railroads terminating on the banl
of any river, which are or may be connected by ferry <
otherwise, shall be deemed continuous under this act: Ai
provided further, That nothing in this act contained shall t
taken to authorize the consolidation of any company <
corporation of this Commonwealth with that of any oth<
State whose laws shall not also authorize the like consolidatio
SEC. 2. Said consolidation shall be made under the coi
ditions, provisions, restrictions, and with the powers hereaftt
in this act mentioned and contained, that is to say —
First. — The directors of the several corporations proposin
to consolidate may enter into a joint agreement, under th
corporate seal of each company, for the consolidation of sai
companies and railroads, and prescribing the terms and cor
ditions thereof, the mode of carrying the same into effect, th
name of the new corporation, the number and names of th
directors and other officers thereof, and who shall be the firs
directors and officers, and their places of residence, the numbe
of shares of the capital stock, the amount or par value c
each share, and the manner of converting the capital stock c
each of the said companies into that of the new corporatior
and how and when directors and officers shall be chosen, wit!
such other details as they shall deem necessary to perfect sucl
new organization and the consolidation of said companies o
railroads.
Second, — Said agreement shall be submitted to the stock
holders of each of the said companies or corporations, at ;
meeting thereof, called separately, for the purpose of taking
the same into consideration; due notice of the time and place
of holding such meeting, and the object thereof, shall b<
given by written or printed notices addressed to each of the
persons in whose names the capital stock of said companies
stands on the books thereof, and delivered to such persons
respectively, or sent to them by mail, when their post-office
address is known to the company, and also by a genera
notice published in some newspaper in the city, town, 01
county where such company has its principal office or place
125
of business ; and at the said meeting of stockholders the
agreement of the said directors shall be considered, and a
vote by ballot taken for the adoption or rejection of the same,
each share entitling the holder thereof to one vote ; and said
ballots shall be cast in person or by proxy; and if two-thirds
of all the votes of all the stockholders shall be for the adop-
tion of said agreement, then that fact shall be certified thereon
by the secretary of the respective companies, under the seal
thereof; and the agreement so adopted, or a certified copy
thereof, shall be filed in the office of the secretary of the
Commonwealth, and shall from thence be deemed and taken
to be the agreement and act of consolidation of the said
companies; and a copy of said agreement and act of consoli-
dation, duly certified by the secretary of the Commonwealth,
under the seal thereof, shall be evidence of the existence of
said new corporation.
SEC. 3. Upon the making and perfecting the agreement and
act of consolidation, as provided in the preceding section, and
filing the same, or a copy, with the secretary of the Common-
wealth, as aforesaid, the several corporations, parties thereto,,
shall be deemed and taken to be one corporation, by the name
provided in said agreement and act, possessing within this
Commonwealth all the rights, privileges, and franchises, and
subject to all the restrictions, disabilities, and duties of each
of such corporations so consolidated.
SEC. 4. Upon the consummation of said act of consolida-
tion as aforesaid, all and singular the rights, privileges, and
franchises of each of said corporations, parties to the same,
and all the property, real, personal, and mixed, and all debts
due on whatever account, as well as of stock subscriptions
and other things in action, belonging to each of such corpo-
rations, shall be taken and deemed to be transferred to and
vested in such new corporation, without further act or deed ;
and all property, all rights of way, and all and every other
interest shall be as effectually the property of the new corpo-
ration as they were of the former corporations, parties by
said agreement ; and the title to real estate, either by deed or
otherwise, under the laws of this Commonwealth, vested in
either of such corporations, shall not be deemed to revert, or
126
be in any way impaired by reason of this act : Provided, Th
all rights of creditors and all liens upon the property of eith
of said corporations shall be preserved unimpaired, and tl
respective corporations may be deemed to continue in exis
ence to preserve the same ; and all debts, liabilities, and duti<
of either of said companies shall thenceforth attach to sa
new corporation, and be enforced against it to the same extei
as if said debts, liabilities, and duties had been incurred <
contracted by it.
SEC. 5. Such new company shall, as soon as conveniei
after such consolidation, establish such offices as may t
desirable, one of which shall be at some point in this Con
monwealth, on the line of its road, and may change the sarr
at pleasure, giving public notice thereof in some newspapt
published on the line of said road.
SEC. 6. Suits may be brought and maintained against sue
new company in any of the courts of this Commonwealth fc
all causes of action, in the same manner as against other rai
road companies therein.
SEC. 7. That portion of the road of such consolidate
company in this Commonwealth, and all its real estate an
other property, shall be subject to like taxation, and assesse
in the same manner and with like effect as property of othe
railroad companies within this Commonwealth.
SEC. 8. Any stockholder of any company hereby authorize*
to consolidate with any other, who shall refuse to convert hi
stock into the stock of the consolidated company, may, a
any time within thirty days after the adoption of the sai<
agreement of consolidation by the stockholders, as in this ac
provided, apply, by petition, to the court of common pleas o
the county in which the chief office of said company may b<
kept, or to a judge of said court in vacation, if no such cour
sits within said period, on reasonable notice to said company
to appoint three disinterested persons to estimate the damage
if any, done to such stockholder by said proposed consolida
tion, and whose award, or that of a majority of them, wher
confirmed by the said court, shall be final and conclusive, anc
the persons so appointed shall also appraise said stock o
such stockholder, at the full market value thereof, withou
127
regard to any depreciation or appreciation in consequence of
the said consolidation, and the said company may, at its
election, either pay to the said stockholder the amount of
damages so found and awarded, if any, or the value of the
stock so ascertained and determined, and upon the payment
of the value of the stock, as aforesaid, the said stockholder
shall transfer the stock so held by him to said company, to be
disposed of by the directors of said company or be retained
for the benefit of the remaining stockholders ; and in case the
value of said stock, as aforesaid, is not so paid within thirty
days from the filing of the said award and confirmation by
said court and notice to said company, the damages so found
and confirmed shall be a judgment against said company,
and collected as other judgments in said court are by law
recoverable.
(This act supplies but does repeal in direct terms the act
of 1 6th May, 1861.)
SUPPLEMENT TO AN ACT REGULATING LATERAL
RAILROADS.
Approved i8th April, 1865. (P. L., '865, page 64.)
SECTION i. That the act entitled "An act regulating lateral
railroads," passed May fifth, one thousand eight hundred and
thirty-two, and the several supplements thereto, shall be
construed to authorize the construction of a single or double
track railroad, with the necessary sidings, wharves, schutes,
machinery, fixtures, and appurtenances, for the transfer and
delivery of limestone, iron ore, coal, and other minerals from
said lateral railroad on to any public or locomotive road, the
damages to the owners of the land to be ascertained and paid
in the same manner as under the general railroad law : Pro-
vided, That not any of said roads shall exceed five miles in
length.
128
AN ACT TO ENTITLE THE STOCKHOLDERS OF AN
RAILROAD COMPANY INCORPORATED BY THIS COft
MONWEALTH ACCEPTING THIS ACT TO ONE VOT
FOR EACH SHARE OF STOCK.
Approved zoth May, 1865. (P. L., 1865, page 847.}
SECTION I. That at all general meetings or elections of th
stockholders of any railroad company incorporated by th
Commonwealth accepting this act and held after such accep
ance, each share of stock shall entitle the holder thereof t
one vote : Provided, That nothing herein contained shall affec
stock held by municipal corporations, or any other provisior
of the charter of such company, except such as relat
exclusively to the number of votes to which the holders <
the shares of stock therein may be entitled.
AN ACT RELATING TO THE USE OF TUNNELS AN!
BRIDGES BY RAILROAD COMPANIES.
Approved 2ist June, 1865. (P. Z,., 1865, pages 8<fg and 850.)
WHEREAS, Railroad companies incorporated by or author
ized to run within the State of Pennsylvania have erected an<
constructed, or may erect and construct, for the use of thei
roads, bridges, and tunnels, and at an expense vastly beyon<
the proportionate cost of a like distance of any other portioi
of their lines ;
AND WHEREAS, Other railroad companies have or may b<
authorized to connect their roads with and use the railroad,
of the company so constructing such tunnels or bridges ;
AND WHEREAS, It is proper that the companies so usin^
should pay for such use a sum in some degree proportionate
to the cost of such tunnel or bridge so used ; therefore,
SECTION I. That in each and every case in which any rail
road company has been or is authorized to connect with anc
use the railroad of any other company, and in the exercise o
such right shall use any bridge or tunnel constructed by an>
other railroad company, then, and in each and every sucr
I29
case, it shall be lawful for the company, the road, bridge, or
tunnel of which it is so used, to charge a sum equal to one-
half the interest, at the rate of seven per cent, per annum,
upon the cost of the bridge, tunnel, and part of the road so
used, and one-half of the cost of repairing, working, and
maintaining the same : Provided always, That if the company
so using the said roadway, bridge, or tunnel shall transport
or have transported thereon a greater amount of freight and
passengers than are transported thereon by the company
owning the same, then and in such case it shall be lawful for
the company so owning such roadway, bridge, or tunnel to-
require payment of such amount of interest at the rate afore-
said, and of the expenses of repairing, working, and main-
taining the same, as shall be in proportion to the amount of
business so done thereon by the company using the same :.
And provided further, That nothing herein contained shall be
construed to affect the right of any company to enter into a
contract with respect to such use, nor to affect any contract
already made.
AN ACT AUTHORIZING THE PURCHASE BY RAILROAD
COMPANIES OF BRANCH OR CONNECTING ROADS.
Approved 2ist June, 1865. (P. L., 1865, page 832.}
SECTION i. That when any railroad shall be sold and con-
veyed by virtue of any mortgage or deed of trust, or under
and by virtue of any process or decree of any court of this
State, or of the Circuit Court of the United States, it may be
lawful for any company of which the railroad connects there-
with to purchase and pa'y for the same, to issue their own
stock for such amount as the purchasers may deem the full
and fair value thereof, and to hold and enjoy the railroad so
purchased, with all the rights, privileges, and franchises, and
with the same rights to charge for tolls, transportation, and
car service, and subject to the same restrictions as were held,
enjoyed, and limited by and in respect to the company of
which the road may be so sold.
1 3o
AN ACT RELATING TO THE ORGANIZATION AND MEEr
INGS OF CERTAIN CORPORATIONS INCORPORATE
UNDER THE LAWS OF THIS COMMONWEALTH.
Approved 2jth November, 1865. (P. L., 1866, page 1228.)
SECTION i. That in all cases where any company has bee
incorporated under the laws of this State, and a majority
the directors, corporators, or stockholders thereof are citizei
of any other State, said corporation may be organized ar
all the meetings of such corporators, directors, or stockholde
held in such place, whether in this State or elsewhere, as sue
majority may from time to time appoint : Provided, how eve
That the annual election for officers of such corporation sha
be held in the State of Pennsylvania, at such time and plac
•and upon such notice by publication in the newspapers <
this State, as the by-laws of such corporation may from tin:
to time determine.
AN ACT RELATIVE TO DUTIES AND POWERS O
CONSTABLES AND RAILROAD CONDUCTORS IN TH
COUNTIES OF ERIE, CRAWFORD, LUZERNE, SUSQUE
HANNA, AND PIKE.
Approved izth March, 1866. (P. L., 1866, pages 182 and 183.}
SECTION 2. It shall be the duty of the constables, and (
the several police constables, officers, or detectives, appointe
by the proper authorities in the counties aforesaid, and the
are hereby authorized and required to arrest any profession!
thief, pickpocket, or burglar who may be found at any stean
boat landing, railroad depot, church, banking institutioi
broker's office, place of public amusement, auction-room, c
common thoroughfare, in the city of Erie, in Corry, in th
county of Erie, and in Meadville or Titusville, in the count
of Crawford, and carry them forthwith to the mayor of th
city or burgess of the borough, or a police magistrate, t
be appointed by the mayor, burgess, or city or town counc
respectively; and if it shall be proven, to the satisfaction c
the mayor, burgess, or other police magistrate, by sufficient
testimony, that the person so arrested was attending or fre-
quenting such place or places for an unlawful purpose, he or
she shall be committed by the said mayor, burgess, or police
magistrate to the jail of the proper county, for a term not
exceeding ninety days, at hard labor, or, at his discretion,
require the person to give security for his or her good
behavior, for a period not exceeding one year, and require
the person to pay the costs incident to his or her arrest,
examination, and commitment.
SEC. 3. That the conductors on the several railroads, while
passing through either of the counties aforesaid, shall have
like power to arrest any one who may be found stealing or
picking the pockets of passengers or others, or committing
any breach of the peace on the cars, and detain him or her
till reaching any one of the places, Erie, Corry, Meadville, or
Titusville, and then deliver him or her to a constable or other
police authority, to be taken before one of the authorities
mentioned in the preceding section, to be dealt with in like
manner as is there provided for real or suspicious offenders;
and the several magistrates before named shall have power to
order the detention of the person or persons so arrested, for a
period not exceeding ten days, if it shall be deemed necessary
to obtain the requisite testimony of absent witnesses to establish
their guilt.
AN ACT SUPPLEMENTARY TO AN ACT PASSED THE
TWENTY-FIRST DAY OF FEBRUARY, ANNO DOMINI
ONE THOUSAND SEVEN HUNDRED AND SIXTY-SEVEN,
RELATIVE TO VAGRANTS.
Approved 2ist March, 1866. (P. L., 1866, pages 259 and 260.)
SECTION i. That if any person shall be found by any
constable, police officer, or detective, staying or loitering in
or around any steamboat landing, railroad depot, gambling or
drinking saloon, restaurant, banking-house, broker's office, or
132
any place of public amusement, crowded thoroughfare, o
other place of public resort, in any city or incorporate*
borough within the counties of Erie, Crawford, Venango, am
Warren, having no apparent business, trade, or occupatior
and without any visible avocation or means of subsistence, i
shall be the duty of said officer to arrest such person, an<
take him or her, as soon as may be, before the mayor of an*
city, the burgess of any borough, or any convenient magis
trate of the place where the arrest is made ; and upon du
proof of the fact, by one or more witnesses or by confessior
and upon the party arrested failing to furnish any reasonabl
or satisfactory account of his or her name, residence, charactei
or business at that place, he or she shall be deemed and takei
to be a vagrant, and shall be subject to all the existing law
respecting vagrants now in force in this Commonwealth; an<
the mayor of any city and the burgess of every borougl
within the said counties are hereby vested with full authority
and jurisdiction to execute all the provisions of this act am
all existing laws relative to vagrants.
SEC. 2. That the burgess and town council of each of th<
boroughs in said counties shall have power to appoint one o
more special policemen or detectives, whenever they shal
deem it necessary for the protection of their citizens o
strangers against the depredations of thieves, burglars, pick
pockets, gamblers, or other disorderly persons, and appropri
ate public funds of said boroughs or levy tax for payment o
the same, who, after being duly sworn to discharge the dutie
thereof, shall have and exercise all the powers of constable
in the execution of all process in criminal cases and under thi
act, and shall be entitled to the same fees and perquisites a
are now allowed to constables for similar services
SEC. 3. That on the application of any railroad company
having depots or stations at any places not incorporated int(
boroughs, or upon application of a respectable number of th<
inhabitants of any borough, when the burgess and counci
have neglected or refused to make the appointment, it shal
be lawful for the courts of quarter sessions of the severa
counties named to appoint special policemen and detective
for such localities, who shall be sworn and give bail, i
133
required by the court, and shall hold their said offices one
year, unless the appointment be sooner revoked by the court.
SEC. 4. That after the arrest of any such person as is here-
inbefore described, and upon the oath or affirmation of the
arresting officer or other person that he has reason to suspect
and does suspect such person of being a gambler, burglar, thief,
or pickpocket, it shall be lawful for the mayor, burgess, or jus-
tice before whom such person is brought, to direct the officer,
in his presence, or that of some disinterested person named by
him, to search the person, the baggage, and place of residence
or resort of such suspected person, and return to the presiding
magistrate everything he may find or take deemed confirm-
atory of such suspicion, and everything not so deemed shall
be left with or returned to the owner; and if, upon said
examination and search, such mayor, burgess, or other magis-
trate shall be satisfied such suspected person is a professional
gambler, thief, pickpocket, or burglar, he shall have power so
to render his judgment, and then to sentence such party to
pay a fine of any sum not exceeding one hundred dollars and
the costs of prosecution, and to undergo imprisonment in the
county jail for any period not exceeding three months, or to
require such party to enter into recognizance and give bail
for his or her appearance at the next court of quarter sessions,
in such sum as he may fix; and upon the failure of any such
party to comply with said sentence or give the required
recognizance and bail, to commit him or her to the jail of
the county; of all of which doings the said magistrate shall
keep a record, and transmit a certified copy of the same to
the clerk of the quarter sessions at or before the next
succeeding term.
SEC. 5. If any person shall feel him or herself aggrieved by
the final adjudication of any mayor, burgess, or justice, under
this act, he shall have the right to sue out a writ of habeas
corpus before any judge of the county in which he shall be so
arrested, and have a rehearing of his case, or by giving satis-
factory security, in the usual form, shall have the right to have
a writ of certiorari to remove the proceedings to the next court
of quarter sessions for review, which shall suspend the further
execution of the judgment or sentence until the case is heard
and finally determined by the court.
134
SUPPLEMENT TO AN ACT ENTITLED "AN ACT REGU
LATINO RAILROAD COMPANIES," APPROVED FEBRUARY
NINETEENTH, ANNO DOMINI ONE THOUSAND EIGH'
HUNDRED AND FORTY-NINE.
Approved ifth April, 1866. (P. L., 1866, page 106.)
SECTION I . That no suit or action shall be brought against an^
railroad company incorporated by the laws of this Common
wealth, for damages for right of way or use and occupancy
of any lands by said company for the use of their railroad
unless such suit or action shall be commenced within fiv<
years after said lands shall have been entered upon for th<
purpose of constructing said road, and within three years afte
said road shall be in operation: Provided, That any persoi
who would be sooner barred by this act shall not be thereb}
barred for two years from the date hereof.
AN ACT RELATING TO RAILROADS.
Approved ijth April, 1866. (P. L., 1866, page 106.)
SECTION i. That whenever any judge or judges of election
appointed in accordance with the provisions of the fifth sectior
of the general act regulating railroad companies, approvec
February nineteenth, one thousand eight hundred and forty
nine, shall fail to attend the meeting of stockholders, anc
whenever any board of directors shall neglect or refuse tc
appoint such judges, then and in such case it shall be con-
sistent for the stockholders of any railroad company, at thei:
annual meeting, to supply any vacancy, or to select prope;
persons to conduct the election for officers of the corporatior
for the ensuing year.
AN ACT COMPELLING RAILROAD AND OTHER CORPO
RATIONS TO PAY COUNSEL FEES OF PLAINTIFFS IIv
CERTAIN CASES.
Approved jd May, 1866. (P. L., s866, page 116.)
SECTION i. That in all cases where railroad or other cor
porations, not municipal, shall be liable, either as principal*
135
or guarantors, to pay the interest on bonds, the validity of
which bonds shall have been established by a court of com-
petent jurisdiction, and such corporations subject the holders
of such bonds to the necessity of bringing suits to recover
the said interest, the said corporation shall, in addition to the
ordinary costs of suit, pay the fees of plaintiff's counsel, not
exceeding ten per cent, on the amount recovered.
AN ACT RELATING TO THE QUALIFICATIONS OF DIRECT-
ORS OF RAILROAD COMPANIES.
Approved jth January, 1867. (P. L., 1867, page fj68.)
SECTION i. That from and after the passage of this act all
citizens of the United States shall be eligible to election to
the office of director of any railroad company chartered under
the laws of this Commonwealth, although they may not be
residents of the State of Pennsylvania: Provided, That they
shall be stockholders of the company to be directors of which
they may be so elected: And provided further, That a majority
of the board of directors of every such railroad company
shall be citizens of Pennsylvania.
AN ACT TO EXTEND THE PROVISIONS OF THE ACT
CONCERNING THE SALE OF RAILROADS, CANALS, TURN-
PIKES, BRIDGES, AND PLANK ROADS TO SALES MADE
OR TO BE MADE UNDER OR BY VIRTUE OF A POWER
OF SALE IN MORTGAGE OR DEED OF TRUST, WITHOUT
JUDICIAL PROCESS OR DECREE.
Approved iqth February, 1867. (P. L., 1867, page 28.)
SECTION I. That all the provisions of the act entitled "An
act concerning the sale of railroads, canals, turnpikes, bridges,
and plank roads," approved the eighth day of April, Anno
1 36
Domini one thousand eight hundred and sixty-one, sha
extend and apply to sales and conveyances heretofore c
hereafter made under or by virtue of a power of sale cor
tained in any mortgage or deed of trust, without any prc
cess or decree of court in the premises; and the perso
or persons, for or on account of whom such railroad, cana
turnpike, bridge, or plank road shall have been or hereaftc
may be purchased shall have and enjoy all the rights an
privileges granted and conferred by the said act upon th
person or persons purchasing under judicial process c
decree, as in said act mentioned.
AN ACT MAKING IT AN OFFENSE FOR RAILROAD COR
PORATIONS WITHIN THIS COMMONWEALTH TO MAK]
ANY DISTINCTION WITH THEIR PASSENGERS ON AC
COUNT OF RACE OR COLOR, AND PUNISHING SAI1
CORPORATIONS AND THEIR AGENTS AND EMPLOYEE!
FOR THE COMMISSION OF SUCH OFFENSE.
Approved 22d March, i86j. (P. L., i86j, pages 38 and jp.)
SECTION I. That on and after the passage of this act an]
railroad or railway corporation within this Commonwealtl
that shall exclude, or allow to be excluded by their agents
conductors, or employees, from any of their passenger cars, an]
person or persons on account of color or race, or that shal
refuse to carry in any of their cars thus set apart any persoi
or persons on account of color or race, or that shall for sucl
reason compel or attempt to compel any person or persons t<
occupy any particular part of any of their cars set apart fo
the acommodation of people as passengers, shall be liable, ir
an action of debt, to the person thereby injured or aggrieved
in the sum of five hundred dollars, the same to be recovered ii
an action of debt as like amounts are now by law recoverable
SEC. 2. That any agent, conductor, or employee of any rail
road or railway corporation within this Commonwealth whc
shall exclude, allow to be excluded, or assist in the exclusion
137
from any of their cars set apart for the accommodation of
passengers, any person or persons on account of color or race,
or who shall refuse to carry such person or persons on account
of color or race, or who shall throw any car or cars from the
track, thereby preventing persons from riding, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall
pay a fine not exceeding five hundred dollars nor less than
one hundred dollars, or be imprisoned for a term not exceed-
ing three months nor less than thirty days, or both, at the
discretion of the court.
AN ACT DECLARATORY OF THE STATUTES OF
LIMITATION.
Approved 2$th March, fS6j. (P. L., fS6j, pages 48 and 4q.)
WHEREAS, Doubts have been raised as to the proper con-
struction of the statutes of limitation;
AND WHEREAS, It is just that suits for supposed claims
should be speedily brought before the lapse of time destroys
the evidence of defense or impairs the recollection of wit-
nesses; therefore,
SECTION i. That it is hereby declared to be the true intent
and meaning of the statutes of limitation, that no suit at law
or in equity shall be brought or maintained against any stock-
holder or director in any corporation or association to charge
him with any claim for materials or moneys for which said
corporation or association could be sued, or with any neglect
of duty as such stockholder or director, except within six
years after the delivery of the materials or merchandise, or
the lending to or deposit of money with said corporation or
association, or the commission of such act of negligence by
such stockholder or director.
138
AN ACT TO AUTHORIZE THE PRESIDENT AND DIRECTOR
OF ANY RAILROAD COMPANY TO DETERMINE B
RESOLUTION THE MANNER IN WHICH AND TH
PERSONS TO WHOM THE INCREASED CAPITAL STOC
THEREOF MAY BE SOLD, AND THE AMOUNTS OF TH
INSTALLMENTS THEREON AND THE TIMES AND MA^
NER OF THEIR PAYMENT.
Approved roth April, 1867. (P. L., 1867, page 61.}
SECTION i. That in all cases where any railroad compan
is authorized to increase its capital stock, and such increas
has been or may be authorized by the stockholders, it sha
and may be lawful for the president and directors to determin
by resolution in what manner and by whom the same shall b
subscribed or to whom the same shall be issued or sold, an
the amounts of the several installments to be paid thereo
and the times and manner in which the same shall be paid.
AN ACT TO REGULATE THE CARRIAGE OF BAGGAG:
BY RAILROAD COMPANIES, AND TO PRESCRIBE TH]
DUTIES AND OBLIGATIONS OF CARRIERS AND PAS
SENGERS IN RELATION THERETO.
Approved nth April, 1867. (P. L., i86j, pages 69 and 70.)
SECTION. I. That each passenger upon a railroad shall hav
the right to have carried in the car or place provided for tha
purpose, in the train in which he or she may be a passengei
his or her personal clothing, not exceeding, inclusive of th
trunk or box in which it may be contained, one hundre<
pounds in weight and three hundred dollars in value.
SEC 2. That no railroad company shall, under any circum
stances, be liable for loss or damage to any baggage or propert
belonging to any such passenger beyond the said sum c
three hundred dollars, unless it shall be proved that the exces
in value thereof over that sum was truly declared to the agent
of the company at the time of its delivery for transportatior
and the sum charged by the railroad company for such trans
portation over and above passage fare was paid: Provider
J39
however, That the said declaration shall not relieve the
claimant from proving the actual value of the articles alleged
to have been lost or damaged ; but in no event shall there be
any recovery beyond the value thus declared.
SEC. 3. That no railroad company providing a car or other
place for the deposit of passengers' baggage shall, under any
circumstances, be liable for loss of or damage to any articles
or property whatsoever not there deposited by the passenger,
or which are placed by him or her in the car in which he or
she is to be transported.
A FURTHER SUPPLEMENT TO AN ACT ENTITLED "AN
ACT REGULATING RAILROAD COMPANIES," APPROVED
FEBRUARY igth, ANNO DOMINI ONE THOUSAND EIGHT
HUNDRED AND FORTY-NINE.
Approved i $th April, 1867. (P. L., r86?, page 84.)
SECTION i. That the provisions of the first section of an act
passed the seventeenth day of April, Anno Domini one thou-
sand eight hundred and sixty-six, entitled " Supplement to an
act entitled 'An act regulating railroad companies,' approved
February nineteenth, Anno Domini one thousand eight hun-
dred and forty-nine," shall not apply, or be deemed or taken
to have applied, to any action or proceeding pending at the
time of the passage of the said act of the seventeenth day of
April, Anno Domini one thousand eight hundred and sixty-
six, nor in any way to affect the parties to such action or
proceeding.
AN ACT IN RELATION TO TAXATION UPON THE STOCK-
HOLDERS OF CORPORATIONS.
Approved jd January, 1868. (P. L., 1868, page 13 r 8.)
SECTION i. That from and after the passage of this act the
shares of stock held by any stockholder in any institution or
company incorporated under the laws of this State, which in
its corporate capacity is liable to and pays into the State
140
treasury the tax on capital stock imposed by the act approve
April twelfth, Anno Domini one thousand eight hundred ai
fifty-nine, entitled "An act to equalize taxation upon corp
rations," shall not be taxable in the hands of said stockhold
personally for State, county, or local purposes; and so muc
of the thirty-second section of the act approved April twent
ninth, Anno Domini one thousand eight hundred and forty-foi
entitled "An act to reduce the State debt and incorporate tl
Pennsylvania Canal and Railroad Company," as imposes a t;
for State or county purposes upon any stockholder in h
individual capacity as aforesaid, is hereby repealed: Provide
That this act shall not be construed to relieve said corporatioi
from any tax now imposed by law, or the real estate belongir
to said corporations from the State, county, or local tax
which they are now or may hereafter be subject.
A SUPPLEMENT TO AN ACT ENTITLED « AN ACT RELAr
ING TO CERTAIN CORPORATIONS," APPROVED MARC
i3th, ANNO DOMINI ONE THOUSAND EIGHT HUNDRE
AND FORTY-SEVEN, AUTHORIZING THE GOVERNOR T
APPOINT DIRECTORS FOR CERTAIN CORPORATIONS I
CERTAIN CASES.
Approved ijth February, 1868. (P. L., 1868, page 40.)
SECTION i. That any company heretofore incorporated ar
organized under and subject to the act approved Februai
nineteenth, Anno Domini one thousand eight hundred ar
forty-nine, regulating railroad companies, shall likewise I
subject to the provisions of the act approved March 13!
Anno Domini one thousand eight hundred and forty-seve
entitled "An act relating to certain corporations," in lil
manner as if such company were a railroad or canal compan
except that all persons appointed by the governor shall ha^
full power and authority to act in the premises without tl:
approval or confirmation of the canal commissioners.
AN ACT TO SECURE FARMERS AGAINST LOSSES CAUSED
BY RAILROADS IN ERIE COUNTY.
Approved 2jd March, 1868. (P. L., 1868, pages 424 and 425.}
SECTION i. That it shall be the duty of each company
owning or operating a railroad in the county of Erie, to erect,
where not already erected, and to keep and maintain on each
side of the track or tracks of said road, at all places in said
county, except where said road or roads pass through a
village, borough, or city, or a public road crosses the same, a
suitable fence five feet high, to prevent cattle, sheep, and
swine from going upon said tracks ; and in case any company
referred to in this act shall neglect to perform the duty herein
imposed, the company so offending shall be answerable to the
owner or owners of any horses, cattle, sheep, or swine, the
value of the property injured upon said roads in consequence
of such neglect ; said company or companies shall further be
liable to the penalty of fifty dollars for each place along said
roads in said county where the fence or fences required by
this act to be built, kept, and maintained are destroyed or
broken down and permitted so to remain for a period of three
days ; the penalty herein imposed to be recovered one-half to
the use of the informer and the other half for the use of the
school districts of the township in which said offense or
offenses shall be committed.
SEC. 2. All damages and penalties in this act to be sued for
and recovered as debts of like amount are now by law made
recoverable : Provided, That this act shall not go into effect
until the first day of July, Anno Domini one thousand eight
hundred and sixty-eight.
142
AN ACT TO EXEMPT THE COUNTY OF ALLEGHENY FRO:
THE PROVISIONS OF AN ACT ENTITLED "AN ACT CON
PELLING RAILROAD AND OTHER CORPORATIONS T
PAY COUNSEL FEES OF PLAINTIFFS IN CERTAI
CASES," APPROVED THE THIRD DAY OF MAY, ANN
DOMINI ONE THOUSAND EIGHT HUNDRED AND SIXT^
SIX.
Approved 2$th March, 1868. (P. L., 1868, page 470.}
SECTION i. That the county of Allegheny shall be an
hereby is exempted from the provisions and operations of tr
act of assembly entitled " An act compelling railroad ar
other corporations to pay counsel fees of plaintiffs in certa;
cases," approved the third day of May, Anno Domini or
thousand eight hundred and sixty-six, and that the sai
county of Allegheny shall not be subject to the provisions <
said act, directly or indirectly.
AN ACT FOR THE PROTECTION OF FARMERS AN
OWNERS OF CATTLE, HORSES, SHEEP, AND SWIN
ALONG THE LINE OF RAILROADS IN THE COUNTY O
WARREN.
Approved z8th March, 1868. (P. L., 1868, page 314.}
SECTION i. That for the protection of farmers and ownei
of cattle, horses, sheep, and swine, residing along the line (
any railroad now constructed or that may hereafter be cor
structed in the county of Warren, all railroad companie:
when railroads are completed, and on which they are no1
running trains in said county, shall, before the first day (
September, one thousand eight hundred and sixty -eight, cor
struct and keep in repair a good and sufficient fence, at lea;
four feet high, along their track, except through incorporate
boroughs; and also construct sufficient cattle-guards at a
road crossings, sufficient to prevent orderly cattle, horse;
sheep, and swine from straying upon any railroad track i
said county; and all railroads that may hereafter be con
structed in said county are hereby required to construct sue
fences and cattle-guards before running trains thereon.
143
SEC. 2. If any railroad company in said county shall neglect
or refuse to comply with the first section of this act, then any
person, after giving the president, any director, the superin-
tendent, or chief clerk, fifteen days' notice, may, if said rail-
road company continue to neglect and refuse to build the
fences and cattle-guards as by this act required, build the said
fence and cattle-guards, or any portion of the same; and any
person so building any fence or cattle-guards in said county,
which by this act such railroad companies are required to
build, may sue and recover the cost of making such fence or
cattle-guards off any railroad company neglecting arrd refus-
ing to comply with the provisions of this act, together with
ten per centum additional to the actual cost of building such
fence and cattle-guard, to be sued and recovered in said county
of Warren in the same manner as debts of like amount are
now recoverable.
AN ACT TO AUTHORIZE INCORPORATED COMPANIES TO
INVEST AND REINVEST SURPLUS FUNDS IN MORT-
GAGES, STOCKS, AND OTHER SECURITIES, AND FIXING
THE TIME FOR HOLDING ELECTIONS FOR DIRECTORS.
Approved jj st March, 1868. (P. L., s868, pages 50 and 51.}
SECTION i. That it shall and may be lawful for any and all
companies incorporated or organized under the laws of this
Commonwealth, including those authorized thereby, to trans-
port merchandise or other property, and also for the directors,
managers, or trustees thereof, with the approval of the stock-
holders, to invest the surplus or other funds or earnings of
such companies in mortgages on improved real estate, in
ground-rents, in the loans of the United States, in the purchase
from holders thereof [of] any of the shares of the capital stock
of the respective company, and also in the public debt of the
State of Pennsylvania or of the city of Philadelphia, Dr in
other good stocks or securities, and to sell and transfer the
same, and to reinvest the proceeds of such sales in securities
or stocks of like kind, and to prescribe, by resolution of the
144
directors or by the by-laws of the company or otherwise, th
mode of making such investments, purchases, and sales, wit
the approval of the stockholders, and the amount or amounl
thereof to be purchased, and the price or prices to be paid c
received therefor, and the reinvestment of the proceeds then
of, and to make such compensation as the said director
managers, or trustees may deem proper to any directo
manager, trustee, treasurer, or other agent or officer of sue
company, for the keeping, receiving, paying, investing, c
reinvesting of any of the moneys belonging to the said corr
pany, or for any other services performed by him or ther
as agents of the company or otherwise ; and that any sue
companies may change and fix the time of holding the
annual election for directors to such a day as they may selec
a certificate of such change, duly authenticated by the prope
officers of the company, .shall be filed with the auditoi
general of this Commonwealth within thirty days after sue
change shall have been made.
AN ACT RELATING TO THE CONSOLIDATION OF RAIL
ROAD COMPANIES.
Approved 2d April, 1868. (P. L., 1868, page sj.)
SECTION I. That whenever any merger or consolidation c
two or more railroad companies shall have taken place c
been made, by virtue of any act of assembly of this Commor
wealth, prior to the sixteenth day of May, one thousand eigr
hundred and sixty-one, the company into which such merge
shall have taken place shall have all the powers and author;
ties, and be subject to all the duties and liabilities conferre*
upon railroad companies into which such merger shall hav
been made, under and by virtue of the act passed May six
teenth, one thousand eight hundred and sixty-one, entitle'
"An act relating to railroad companies," and the sever?
supplements thereto, regulating the conditions and restriction
upon which such consolidation and merger shall be made.
H5
AN ACT RELATING TO RAILROAD COMPANIES AND COM-
MON CARRIERS, DEFINING THEIR LIABILITIES, AND
AUTHORIZING THEM TO PROVIDE MEANS OF INDEM-
NITY AGAINST LOSS OF LIFE AND PERSONAL INJURY.
Approved 4th April, 1868. (P. L., 1868, pages 58 and 59.)
SECTION I. That when any person shall sustain personal
injury or loss of life while lawfully engaged or employed on or
about the roads, works, depots and premises of a railroad
company, or in or about any train or car therein or thereon,
of which company such person is not an employee, the right
of action and recovery in all such cases against the company
shall be such only as would exist if such person were an
employee : Provided, That this section shall not apply to
passengers.
SEC. 2. That in all actions now or hereafter instituted against
common carriers, or corporations owning, operating, or using
a railroad as a public highway, whereon steam or other
motive-power is used, to recover for loss and damage sus-
tained and arising either from personal injuries or loss of life,
and for which, by law, such carrier or corporation could be
held responsible, only such compensation for loss and damage
shall be recovered as the evidence shall clearly prove to have
been pecuniarily suffered or sustained, not exceeding, in case
of personal in-jury, the sum of three thousand dollars, nor in
case of loss of life, the sum of five thousand dollars.
SEC. 3. That it shall be lawful for such carrier or corpora-
tion to insure the lives and persons of passengers against loss
or injury from accidental causes, and however happening,
while in their charge, and for that purpose to issue and sell, to
such passengers applying for the same, tickets or policies of
insurance, specifying the name of the insured, the premium
charged, the particular trip or time covered by the policy,
and the amount insured, not exceeding (except at the option
of the said carrier or corporation) the sum of twenty-five
dollars for each week of disability for a period not longer than
twenty-six weeks in case of personal injury, nor more than
ten thousand dollars in case of death ; and all premiums so
received shall be kept separate and apart from the other
146
receipts of said carrier or corporation, and shall not be liable
for any other claim, debt, or demands against such carrier 01
corporation than those arising out of said policies; and the
amount of said premium, and the securities in which the same
are invested for the benefit and protection of such policy-
holders, shall be reported to the auditor-general annually, a<
a part of the operations of such carrier or corporation, as is
now provided for by the act entitled " An act requiring rail-
road companies to make uniform reports to the auditor-
general," approved the fourth day of April, one thousand
eight hundred and fifty-nine: Provided, nevertheless ', That it
shall be lawful for any such carrier or corporation, in lieu
of issuing tickets of insurance as aforesaid, to keep on sale at
their ticket office the policies of insurance or indemnity
against personal injury or death resulting from accidental
causes issued by insurance companies incorporated for any
such purposes as shall have an actual bona fide cash capital,
invested in securities approved by the governor, State treas-
urer, and auditor-general of this Commonwealth, of at least
two hundred thousand dollars : Provided, That a recovery
upon any policy issued or sold under the provisions of this
act shall be no bar to a recovery under the provisions of the
second section of this act.
SEC. 4. That all acts or parts of acts inconsistent herewith
be and the same are hereby repealed ; and any provisions in
the acts incorporating such common carriers or corporations
inconsistent herewith shall be repealed upon the acceptance
of the provisions of this act by such carriers or corporations •
and upon the acceptance of the provisions hereof by any
carrier or corporation, the same shall become a part of its act
of incorporation.
AN ACT TO AUTHORIZE THE FORMATION AND REGU-
LATION OF RAILROAD CORPORATIONS.
Approved 4th April, 1868. (P. L., 1868, pages 62 and 65".)
SECTION i. That any number of citizens of Pennsylvania,
not less than nine, may form a company for the purpose of
147
constructing, maintaining, and operating a railroad for public
use in the conveyance of persons and property, or for the
purpose of maintaining and operating any unincorporated rail-
road already constructed for like public use, and for that
purpose may make and sign articles of association, in which
shall be stated the name of the company, the number of years
the same is to continue, the places from and to which the road
is to be constructed or maintained and operated, the length of
such road as near as may be, and the name of each county in
the State through or into which it is made or intended to be
made, the amount of the capital stock of the company, which
shall not be less than ten thousand dollars for every mile
of road constructed or proposed to be constructed, and the
number of shares of which said capital stock shall consist, and
the name and places of residence of a president, and not less
than six nor more than twelve directors of the company, who
shall manage its affairs for the first year and until others are
chosen in their places ; each subscriber to such articles of
association shall subscribe thereto his name, place of residence
and the number of shares of stock he agrees to take in said
company ; on compliance with the provisions of the second
section of this supplement, such articles of association shall
be acknowledged by at least three of the directors before some
officer competent to take acknowledgments of deeds in the
county where the principal office is designed to be located,
and may be filed in the office of the secretary of the Common-
wealth, who shall endorse thereon the day on which they were
filed, and record the same in a book to be provided by him
for that purpose ; and thereupon the said articles of associa-
tion shall become and be a charter for the said company, and
the persons who have so subscribed such articles of associa-
tion, and all persons who shall become stockholders in such
company, shall be a corporation by the name specified in such
articles of association or charter, and shall possess the powers
and privileges following, to wit : —
First. — To have succession by its corporate name for the
period limited in its articles of association.
Second. — To sue and be sued, complain and defend, in any
court of law or equity.
148
Third. — To make and use a common seal and alter the
same at pleasure.
Fourth. — To hold, purchase, and convey such real and per-
sonal estate as the purposes of the corporation shall require,
not exceeding the amount limited in the articles of association.
Fifth. — To appoint such subordinate officers and agents as
the business of the corporation shall require, and to allow
them a suitable compensation.
Sixth. — To make by-laws, not inconsistent with any exist-
ing law, for the management of its property and regulation of
its affairs and for the transfer of its stock.
SEC. 2. Such articles of association shall not be filed and
recorded in the office of the secretary of the Commonwealth
until at least nine thousand dollars of stock for every* mile of
railroad proposed to be made is subscribed thereto, and ten
per centum paid thereon, in good faith and in cash, to the
directors named in said articles of association, nor until there
is endorsed thereon, or annexed thereto, an affidavit, made by
at least three of the directors named in said articles, that the
amount of stock required by this section has been in good
faith subscribed, and ten per centum paid in cash thereon as
aforesaid, and that it is intended in good faith to construct or
to maintain and operate the road mentioned in such articles of
association ; which affidavit shall be recorded with the articles
of association as aforesaid.
SEC. 3. A copy of any article of association filed and recorded
in pursuance of this act, or of the record thereof, with a copy
of the affidavit aforesaid endorsed thereon or annexed thereto,
and certified to be a copy by the secretary of the Common-
wealth or his deputy, shall be evidence of the incorporation of
such company and of the facts therein stated.
SEC. 4. When such articles of association and affidavit are
filed and recorded in the office of the secretary of the Com-
monwealth, the directors named in said articles of association
shall, in case the whole of the capital stock is not before
subscribed, keep open books of subscription at their general
office, and at such other places as they may deem expedient,
to fill up the capital stock of the company, giving such notice
as they may deem expedient, and shall continue to receive
149
subscriptions until the whole capital stock is subscribed ; at
the time of subscribing, every subscriber shall pay to the
directors ten per centum of the amount subscribed by him in
money, and no subscription shall be received or taken without
such payment.
SEC. 5. Whenever the foregoing provisions have been com-
plied with, the persons named as corporators in such articles
of association are fully authorized to carry into effect the
objects named therein, as fully as any corporation heretofore
created under any special act of the legislature, and said cor-
poration thus created shall be entitled to exercise all the rights,
powers, and privileges, and be subject to all the restrictions
and liabilities of the act regulating railway companies, approved
the nineteenth day of February, one thousand eight hundred
and forty-nine, and the several supplements thereto, as fully
and effectually as if said powers were specially incorporated in
said charter ; and the said company shall commence the pro-
posed railroad, if not more than fifty miles in length, with at
least one track, within two years from their organization as
aforesaid, and prosecute the work on the same with due
diligence, and complete and open the same within five years,
and shall have an additional six months to complete their
road for each twenty-five miles more than the fifty miles afore-
said : Provided, That the road shall be opened for use, in all
cases, when fifty miles in length of track are laid.
SEC. 6. Whenever any railroad company created or incorpo-
rated under the provisions of this act shall, in the opinion of
the directors thereof, require an increased amount of capital
stock in order to complete and equip their road and carry out
the full intent and meaning of their charter, they shall, if
authorized by a majority of the stockholders, at a meeting
called for that purpose, file with the secretary of the Com-
monwealth a certificate setting forth the amount of such
desired increase, and thereafter such company shall be entitled
to have such increased capital as is fixed by such certificate :
Provided, That the original amount of stock and increased
capital shall in no case exceed the sum of sixty thousand
dollars per mile.
150
SEC. 7. The number of managers of any company incorpo-
rated in pursuance of this act shall be a president, and not less
than six nor more than twelve directors, as shall be fixed by
the corporators thereof at their first meeting to choose direct-
ors of said company, a majority of whom shall be citizens of
this Commonwealth.
SEC. 8. The president and directors of any railroad company
created under this act shall have power to borrow money, not
exceeding the amount of capital stock subscribed, and issue
the bonds of the company therefor, in such amounts as shall
not exceed double the amount actually paid up of the capital
stock subscribed, the proceeds whereof shall be actually
expended in the construction and equipment of their road ;
these bonds to be payable at such time, not exceeding fifty
years after the date thereof, and at such place and at such rate
of interest, not exceeding seven per centum, as said directors
may deem best, and may secure the payment of said bonds
and interest by a mortgage on the said road and franchises.
SEC. 9. Any company incorporated under this act shall have
authority to construct such branches from its main line as it
may deem necessary to increase its business and accommo-
date the trade and travel of the public.
SEC. 10. Companies formed under the provisions of this act
shall have the right to construct roads so as to cross at grade
the track or tracks of any other railroad in this Commonwealth :
Provided, however, That the cost of making and keeping such
crossing in repair shall be borne by the company whose road
crosses the track or tracks of another: And provided further,
That the company whose road crosses the track or tracks of
another shall keep at such crossing as many persons as may
be requisite to give the necessary signals to prevent accidents.
SEC. 1 1. Companies whose roads shall be constructed under
the provisions of this act shall have the right to connect their
roads with roads of a similar character within this Common-
wealth, or at the line thereof, upon such terms as may be
agreed upon by those who have the management of said
roads ; and in case of failure of an agreement on the part of
those having the management of said roads, then and in that
case either of said parties may apply to the court of common
pleas within the jurisdiction in which said connection is pro-
posed to be made, whose duty it shall be to appoint a jury of
three disinterested men, who shall determine and fix said
terms, which, when approved by said court, shall be conclusive.
SEC. 12. This act shall not be so construed as to authorize
the formation of street passenger railway companies to con-
struct passenger railways, under or by virtue of its provisions,
in any city or borough of this Commonwealth, nor to authorize
any corporation formed under this act to enter upon and
occupy any street, lane, or alley in any incorporated city in
this Commonwealth, without the consent of such city having
been first obtained.
SEC. 13. All acts or parts of acts inconsistent herewith are
hereby repealed, so far as they may affect any corporation
that may be organized under this act; and the legislature
hereby reserves the right to alter, amend, or repeal this act at
any time, in such manner, however, as to do no injustice to
corporators.
AN ACT TO SECURE FARMERS AND OTHERS AGAINST
LOSSES OF HORSES, CATTLE, SHEEP, AND SWINE BY
RAILROADS IN THE COUNTY OF CENTRE.
Approved gth April, 1868. (P. L.t 1868, pages 779 and 780.)
SECTION I. That it shall be the duty of each company own-
ing or operating a railroad in the county of Centre, to erect,
where not already erected, and to keep and maintain on each
side of the track or tracks of said road, at all places in said
county, except where said road or roads passes or pass through
a village, borough, or city, or a public road crosses the same,
a suitable fence, five feet high, and to build, erect, and main-
tain such suitable cattle-guard or guards, at all crossings on
said railroad, as will prevent horses, cattle, sheep, and swine
from going upon said tracks ; and in case any company own-
ing or operating said road or roads shall refuse or neglect to
152
perform the duties herein imposed, the company or companies
so offending shall be answerable to the owner or owners ol
any horses, cattle, sheep, or swine to the full value of the
property injured upon said road or roads in consequence 01
such neglect. Said company or companies shall be furthei
liable to the penalty of fifty dollars for each place along said
road or roads in said county where the fence or fences required
by this act to be built, erected, kept, and maintained are
destroyed or broken down and permitted so to remain for a
period of ten days ; the penalty herein imposed to be recov-
ered one-half to the use of the informer and the other hall
for the use of the public schools of said county of Centre.
SEC. 2. All damages and penalties in this act to be sued for
and recovered as debts of like amount are now by law made
recoverable : Provided, That this act shall not go into effect
until the first day of August, Anno Domini one thousand
eight hundred and sixty-eight.
AN ACT RELATIVE TO INCORPORATED COMPANIES.
Approved loth April, 1868. (P. L., 1868, pages So and 81.)
SECTION i. That it may be lawful, from and after the pas-
sage of this act, for any corporation chartered or existing by
the laws of this State to determine by the vote of its stock-
holders, at a meeting duly called for that purpose, the number
of directors that shall thereafter govern their affairs : Provided
always, That said number shall in no event exceed fifteen nor
less than five directors : And provided further, That a majority
of said directors and officers shall be and remain residents of
the State of Pennsylvania during the discharge of their duties :
And provided further, This act shall in no way be construed
as interfering with or impairing any of the obligations of the
corporation accepting its provisions due or to become due to
this Commonwealth.
153
A SUPPLEMENT TO AN ACT ENTITLED « AN ACT TO
SECURE FARMERS AGAINST LOSSES CAUSED BY RAIL-
ROADS IN ERIE COUNTY," APPROVED ON THE TWENTY-
THIRD DAY OF MARCH, ANNO DOMINI ONE THOUSAND
EIGHT HUNDRED AND SIXTY-EIGHT, EXEMPTING CER-
TAIN LANDS FROM ITS OPERATIONS, AND TO PROVIDE
FOR CASES WHERE FARMERS MAY BE HARMED BY
SAID RAILROAD COMPANIES.
Approved ijth April, 1868. (P. L., 1868, page 1022.}
SECTION i. That the provisions of an act entitled "An act
to secure farmers against losses caused by railroads in Erie
county," approved on the twenty-third day of March, Anno
Domini one thousand eight hundred and sixty-eight, shall not
apply to or upon lands in said county in regard to which con-
tracts exist by virtue of which the owners thereof are bound
to build and maintain fences thereon along the line of the rail-
road passing through or along the same : Provided, That in
all cases where fences along the line of any railroad are
destroyed by fire caused by the running of trains, or by the
employees of any railroad, the said railroad company shall
be liable to the penalties specified in the first and second sec-
tions of an act entitled " An act to secure farmers against
losses caused by railroads in Erie county," approved the
twenty-third day of March, Anno Domini one thousand eight
hundred and sixty-eight.
AN ACT TO AUTHORIZE RAILROAD COMPANIES LEASING
OR USING OTHER RAILROADS TO PROVIDE FOR THE
PAYMENT OF LIENS THEREON.
Approved fjth April, 1868. (P. L., 1868, page 100.}
SECTION i. That whenever any railroad in this Common-
wealth which has been or may hereafter be used or leased by
a railroad company whose railroad may connect therewith,
under any contract, lease, or agreement, shall be or may here-
after become subject, in whole or in part, to the lien of a
mortgage or other incumbrance securing or intended to secure
the payment of bonds or other obligations given or to be
154
given by or on behalf of the owner or owners of such railroa
so leased or used as aforesaid, it shall and may be lawful fc
such railroad company so leasing and using such railroad t
indorse, guarantee, or otherwise become liable for or assum
the payment of the principal and interest of the said bonds c
other evidence of indebtedness, in such manner and upon sue
terms as may be mutually agreed upon by the parties theret<
or by the officers and directors of the respective companies.
AN ACT RELATIVE TO THE ASSESSMENT OF DAMAGE
CAUSED BY THE CONSTRUCTION OF RAILROADS I]
NORTHUMBERLAND COUNTY.
Approved 14th April, 1868. (P. L., 1868, pages 1108 and 1109.}
SECTION i. That all proceedings for the assessment c
damages caused to real estate by the construction of railroad
shall be had in the county in which the said real estate i
situate, and not elsewhere; and all laws heretofore passe
authorizing the removal of such proceedings to the courts c
other counties are hereby repealed, so far as regards Northum
berland county.
AN ACT TO REVISE, AMEND, AND CONSOLIDATE TH]
SEVERAL LAWS TAXING CORPORATIONS, BROKERS
AND BANKERS.
Approved ist May, 1868. (P. L., 1868, pages 108 and 114.}
SECTION i. That hereafter no institution or company incoi
porated by or under any law of this Commonwealth, genera
or special, or of any other State, and authorized to do busines
in this State, shall go into operation without first having th
name of the institution or company, the date of incorporatior
the place of business, the amount of capital paid in, and th
names of the president and treasurer of the same registered i
the office of the auditor-general ; and any such institution c
company which shall neglect or refuse to comply with th
provisions of this section shall be subject to a penalty c
five hundred dollars, which penalty shall be collected, on a
155
account settled by the auditor-general and State treasurer, as
taxes on capital stock are settled and collected.
(Repealed, but supplied by act of April 24th, 1874)
SEC. 2. That hereafter it shall be the duty of the president
or treasurer of every company incorporated by or under any
law of this Commonwealth, except banks and savings institu-
tions, and of all companies incorporated by any other State
md lawfully doing business in this Commonwealth, who are
taxable under the laws of this State, to make report in writing
to the auditor-general annually, in the month of November,
stating specifically the amount .of capital paid in, the date,
amount, and rate per centum of each and every dividend
declared by their respective corporations during the year end-
ing with the first Monday of said month ; and in all cases
where any such company shall fail to make and declare any
dividend during the year ending as aforesaid, the treasurer
and secretary thereof, after being duly sworn or affirmed to
do and perform the same with fidelity, according to the best
of their knowledge and belief, shall, between the first and
fifteenth days of November of each year in which no dividend
has been declared as aforesaid, estimate and appraise the
capital stock of such company at its actual value in cash, and
when the same shall have been so estimated and appraised,
they shall forthwith forward a certificate thereof to the auditor-
general, accompanied by a copy of their said oath or affirma^
don, by them signed, and attested by the magistrate or other
person qualified to administer the same.
(Repealed, but supplied by act of April 24th, 1874.)
SEC. 3. That if the said officers of any such company or
corporation shall neglect or refuse to furnish the auditor-
general, on or before the thirty-first day of December in each
and every year, with the report aforesaid, or the report and
appraisement, as the case may be, as required by the second
section of this act, it shall be the duty of the accounting
officers of the Commonwealth to add ten per centum to the
tax of said corporation for each and every year for which such
report or report and appraisement were not so furnished,
which percentage shall be settled and collected with the said
tax in the usual manner of settling accounts and collecting
156
such taxes : Provided, That if said officers of any such co
pany or corporation shall fail to comply with the provisic
of the second section of this act for three successive years, 1
auditor-general may, if he deems it conducive to the pub
interest, report the fact to the governor, who shall thereup<
by proclamation, declare the charter of said company or c<
poration forfeited and their chartered privileges at an end.
(Repealed, but supplied by act of April 24th, 1874.)
SEC. 4. That the capital stock of all companies whate^
incorporated by or under any law of this Commonwealth,
incorporated by any other State and lawfully doing busin<
in this Commonwealth, or that may be hereafter incorporat
except banks and savings institutions and foreign insurar
companies licensed in -pursuance of the general acts in relati
thereto, shall be subject to and pay a tax into the treasury
the Commonwealth, annually, at the rate of one-half mill
each one per cent of dividend made or declared by such co
pany ; and in case of no dividend being made or declared
such company, then three mills upon a valuation of the capi
stock of the same, made in accordance with the provisions
the second section of this act : Provided, That compan
liable to tax on dividends, in addition to tax on capital sto<
prior to the act approved April twelfth, one thousand eig
hundred and fifty-nine, entitled " An act to equalize taxati
upon corporations," shall, from the said date, be exempt frc
any tax on dividends : Provided further, That building assoc
tions, plank road or turnpike companies, shall not be lial
for any tax to the Commonwealth when such companies ma
or declare no dividends.
(Repealed, but supplied by act of April 24th, 1874.)
SEC. 5. That the amount of tax on capital stock impos
by the preceding section of this act shall be retained a
deducted, by the treasurer or other officer having charge
any company or corporation as aforesaid, from the divider
or profits made or declared as aforesaid, and he is here
authorized and required, on or before the fifteenth day
January then next, to transmit to the treasury of the Co
monwealth the amount of said tax ; and if, in case where
dividend has been made or declared, the funds of su
157
ompany, subject to the control of the treasurer, at the period
yhen the value of said capital stock shall be appraised as
equired by the second section of this act, shall be insufficient
o pay the tax aforesaid, it shall be the duty of the said treas-
irer or other officer forthwith to give notice to the stock-
lolders of such company of the amount required on each
hare of stock by them respectively held to enable the said
reasurer to pay the tax aforesaid ; and if any such stock-
lolder shall neglect or refuse to pay the amount so required
or the period of thirty days from the time of such notice, the
;aid treasurer shall, after giving two weeks' public notice
hereof in one or more newspapers published in or nearest to
:he county in which said company or its principal place of
)usiness is located, proceed to sell at public sale, and transfer
:o the purchaser, so many shares of the stock of such
delinquent stockholder as may be necessary to pay his portion
)f the tax required to be paid as aforesaid; and if any com-
pany incorporated as aforesaid shall neglect or refuse to pay
;he tax hereinbefore required to be paid, the directors, man-
igers, or treasurers thereof for the time being shall be jointly
md severally liable, in their individual capacity, for the pay-
ment thereof, and the same may be sued for and recovered,
under the direction of the State treasurer, as debts of like
amount are recoverable.
SEC. 6. That every private banker and broker, and every
unincorporated banking and saving institution and express
company, and all corporations incorporated by or doing
business in this Commonwealth, except those liable to a tax
on tonnage under the provisions of this act, and foreign
insurance companies licensed in pursuance of the several acts
in relation thereto, except banks and savings institutions
incorporated by this State, shall annually, upon the first day
of November of each year, make report to the auditor-general,
under oath or affirmation, setting forth the entire amount of
net earnings or income received by said individuals, company,
or corporation from all sources during the preceding year;
and upon such net earnings or income the said individuals,
company, or corporation, as the case may be, shall pay to the
treasurer, for the use of the State, within sixty days thereafter,
158
three per centum upon such annual net earnings or income,
addition to the taxes imposed by the preceding sections
this act; and in case any corporation, company, or individu
shall neglect or refuse to make the report required by th
section to the auditor-general on or before the thirty-fir
day of December, such corporation, company, or individu
shall be liable to a penalty of ten per centum for such negle(
which shall be added to the amount of tax found due in tl
settlement of their account.
( Repealed by act 2ist March, 1873.)
SEC. 7. That the president, treasurer, cashier, or oth
financial officer of every railroad company, steamboat compan
canal company, and slack-water navigation company, and £
other companies now or hereafter doing business in this Stat
and upon whose works freight may be transported, whetht
by such company or by individuals, and whether sue
company shall receive compensation for transportation, f(
transportation and toll, or shall receive tolls only, exce]
turnpike, plank road, and bridge companies, shall, within thirt
days after the first days of January, April, July, and Octobi
of every year, make return in writing to the auditor-genera
under oath or affirmation, stating fully and particularly th
number of tons of freight carried over, through, or upon th
works of said company for the three months immediatel
preceding each of the above-mentioned days; and each (
said companies, except as aforesaid, shall, at the time of makin
such return, pay to the State treasurer, for the use of th
Commonwealth, on each two thousand pounds of freight s
carried, tax at the following rates, viz.: — First. On the produc
of mines, quarries, and clay beds, in the condition in which sai
products may be taken therefrom, two cents. Second. On hew
timber, animal food, including live stock, also on the product
of the forest, vegetable and other agricultural products, th
value of which has not been increased by labor, three cent
Third. On all other articles, five cents. When the same freigr
shall be carried over and upon different but continuous line
of transportation, said freight shall be chargeable with tax 2
if it had been carried but upon one line; and the whole ta
shall be paid by such one of said companies upon whos
159
works the freight originated, but in such case the tax shall be
3orne by the several corporations upon whose works the said
:onnage was transported, each in proportion to the distance
carried, as may be adjusted among themselves; corporations
whose lines of improvement are used by others for the
:ransportation of freight, and whose only earnings arise from
:olls charged for such use, are authorized to add the tax
hereby imposed to said toll and collect the same therewith ;
out in no case shall tax be twice charged on the same freight
carried on or over the same line of improvements.
( Repealed by act of April 24th, 1874.)
SEC. 8. That in addition to the taxes provided for as
aforesaid, every railroad, canal, and transportation company
liable to a tax upon tonnage, under the preceding section of
this act, shall pay to the Commonwealth a tax of three-fourths
of one per centum upon the gross receipts of said company ;
the said tax shall be paid semi-annually, upon the first days
of July and January, and for the purpose of ascertaining the
amount of the same, it shall be the duty of the treasurer or
other proper officer of said company to transmit to the
auditor-general, at the dates aforesaid, a statement, under oath
or affirmation, of the amount of gross receipts of the said
company derived from all sources during the preceding six
months; and if any such company shall neglect or refuse, for
a period of thirty days after such tax becomes due, to make
said return or to pay the same, the amount thereof, with an
addition of ten per centum thereto, shall be collected for the
use of the Commonwealth, as other taxes are recoverable by
.aw from said companies : Provided, That the revenue derived
under this section shall be applied to the payment of principal
ind interest of the debt contracted under the act of the fifteenth
:>f May, Anno Domini one thousand eight hundred and sixty-
3ne, entitled "An act to create a loan and to provide for
irming the State."
( Repealed by act 3ist March, 1873, as to companies liable
:o tonnage tax ; but companies exempt from tax on tonnage by
special law to pay a tax of three-fourths of one per cent, on
^ross receipts.)
( Repealed by act of April 24th, 1874.)
i6o
SEC. 9. That every railroad, canal, or transportation compan
doing business in this State which possesses the right to mir
anthracite coal, or to purchase and sell the same, or to leas
from or to other parties the land or mines from which sai
coal is taken, shall, quarterly, on the first days of Januar
April, July, and October, make report, under oath or affirmatioi
stating the amount of coal mined by them from propert
owned and leased by them, and also the amount of co;
purchased by them, or mined from property owned by thei
that may be leased to other parties, during the precedin
three months, and shall pay to the State treasurer, for the us
of the Commonwealth, within thirty days thereafter, a tax (
four cents upon each and every ton of anthracite coal s
purchased or mined: Provided, That the amount of co;
consumed in the transaction of their business shall not h
included in their return: And provided further, That sai
corporations shall be exempt from the payment of the ta
upon tonnage, imposed by the seventh section of this ac
upon all coal upon which a tax shall be paid under th
provisions of this section, and also from the tax on m
earnings or income imposed by the sixth section of this ac
and also from the tax upon gross receipts imposed by th
eighth section of this act, so far as their net earnings an
gross receipts are derived from the mining, transportatioi
and sale of the said coal: And provided also, That if an
corporation shall fail to make the return required by thi
section, within thirty days after the time herein specified, the
shall be liable to a penalty often per centum for such neglec
the said penalty to be added to the amount of tax found du
under the provisions of this section, upon settlement made b
the auditor-general and State treasurer in accordance wit
law.
(Repealed by act of April 24th, 1874; but re-enacted b
same act.)
SEC. 10. That it shall be the duty of the cashier of ever
bank and savings institution incorporated under the laws (
this State, to collect annually from every shareholder of sai
bank or savings institution a tax of one per centum upo
the par value of the shares held by said shareholder, an
to pay the same into the State treasury on or before the first
day of July in every year; and the said shares shall be
exempt from all other taxation under the laws of this Com-
monwealth.
(The act 3d January, 1868, P. L., 1318, provided that the
shares of stock held by any stockholder in any institution or
company incorporated under the laws of this State, which in
its corporate capacity is liable to and pays into the State
treasury the tax on capital stock imposed by the act approved
April 1 2th, Anno Domini 1859, entitled "An act to equalize
taxation on corporations," shall not be taxable in the hands
of said stockholders personally for State, county, or local
purposes; and so much of the thirty-second section of the act
approved April 29th, Anno Domini 1844, entitled "An act to
reduce the State debt and incorporate the Pennsylvania Canal
and Railroad Company," as imposes a tax for State or county
purposes upon any stockholder in his individual capacity, as
aforesaid, is hereby repealed: Provided, That this act shall
not be construed to relieve said corporations from any tax
now imposed by law, or the real estate belonging to said
corporations from the State, county, or local tax to which
they are now or may hereafter be subject)
SEC. ii. That the president, treasurer, or cashier of every
company, except bank or savings institution incorporated
under the laws of this Commonwealth, doing business in
this State, which pays interest to its bondholders or other
creditors, shall, before the payment of the same, retain from
said bondholders or creditors a tax of five per centum upon
2very dollar of interest paid as aforesaid; and shall pay over
the same semi-annually, on the first days of July and January
n each and every year, toxthe State treasurer, for the use of
:he Commonwealth; and every president, treasurer, or cashier
is aforesaid, shall, annually, on the thirty-first day of each
December, or within thirty days thereafter, report to the
luditor-general, under oath or affirmation, stating the entire
imount of interest paid by said corporation to said creditors
during the year ending on that day; and thereupon the
luditor-general and State treasurer shall proceed to settle an
iccount with said corporation as other accounts are now
1 62
settled by law; and in the settlement of said accounts th
persons aforesaid shall be allowed the same commission o
compensation as is now allowed by law to county treasurers
and in case the said president, treasurer, or cashier shal
neglect or refuse to make the report required by thi
section within sixty days after the time specified, he shal
forfeit to the State the amount of his commission for sue!
failure or neglect: Provided, That the principal sums from th
interest of which the said tax is deducted shall not b
assessed and taxed for State purposes in the valuation c
personal property, or returned by county commissioners t<
the board of revenue commissioners.
(Repealed by act 2ist March, 1873. Same tax imposed 01
the company without right to retain tax by section four o
said act, but repealed by act April 24th, 1874.)
SEC. 12. That in the settlement of all accounts for taxes du<
the Commonwealth, under the preceding sections of this act
by corporations or individuals, the auditor-general and Stat<
treasurer shall charge interest upon the balance or balance:
found due the Commonwealth by such corporations o
individuals, at the rate of twelve per centum per annum /ron
the time said taxes became due and payable to the tim<
of the settlement of the same; and all balances due th<
Commonwealth by the corporations or individuals aforesaid
on accounts settled agreeably to the provisions of the act o
March thirtieth, one thousand eight hundred and eleven
or any other act of assembly, shall bear interest from sixt}
days after date of settlement, at the rate of twelve pe
centum per annum, until the same are paid: Provided, Tha
the payment of interest, as aforesaid, shall not relieve sai<
corporations or individuals from any of the penalties pre
scribed for neglect and refusal to furnish reports to th<
auditor-general.
SEC. 13. That the auditor-general and State treasurer, o
any agent appointed by them, are hereby authorized to examin*
the books and papers of any corporation, association, company
private banker, or broker, to verify the accuracy of any retun
made to them, or either of them, under the provisions of thi.
act.
SEC. 14. That the revenue derived from tax on net earnings
:>r income, under the sixth section of this act, and from
ronnage, under the seventh section, and from coal mined,
jnder the ninth section, shall, so far as it is necessary, be
irst applicable to the payment of the ordinary expenses of
government, and the residue not needed for such purpose
shall be transferred to the sinking fund, as directed by the act
}f the twenty-second of April, one thousand eight hundred
ind fifty-eight.
(Sections 12, 13, and 14 are supplied by act of April 24th,
1874, and, though differently worded, are not repealed.)
SEC. 15. That hereafter every company incorporated by or
ander any general or special law of this Commonwealth,
except railroad, canal, turnpike, bridge, or cemetery companies,
md companies incorporated for literary, charitable, or religious
purposes, shall pay to the State treasurer, for the use of the
Commonwealth, a bonus of one-quarter of one per centum
upon the amount of capital stock which said company is
authorized to have, in two equal installments, and a like bonus
upon any subsequent increase thereof. The first installment
shall be due and payable upon the incorporation of said
company, or upon the increase of the capital thereof, and the
second installment one year thereafter; and no company, as
iforesaid, shall have or exercise any corporate powers until
:he first installment of said bonus is paid ; and the governor
shall not issue letters patent to any company until he is
satisfied that the first installment of said bonus has been paid
:o the State treasurer; and no company incorporated by any
special act of assembly shall go into operation or exercise
my corporate powers or privileges, nor shall said act be
mrolled among the laws of the State, until said first installment
)f bonus has been paid as aforesaid.
SEC. 1 6. The following acts of assembly and parts thereof,
;o far as the same are altered and supplied by this act, be
md the same are hereby repealed: —
Section first of the act approved June eleventh, one thousand
nght hundred and forty, to create additional revenue, to be
ipplied towards the payment of interest and extinguishment
>f the debts of the Commonwealth.
164
Section thirty-three of the act approved April twenty-ninth
one thousand eight hundred and forty-four, to reduce th
State debt and to incorporate the Pennsylvania Canal an<
Railroad Company.
Sections seventy-one and seventy-two of the act approve<
May seventh, one thousand eight hundred and fifty-five, t<
provide for the ordinary expenses of government, the repair
of the public canals and railroads, and other general am
special appropriations.
An act approved April twenty-first, one thousand eigh
hundred and fifty-eight, for the better securing to th<
Commonwealth the payment of taxes due by incorporate*
companies.
An act approved April twelfth, one thousand eight hundrec
and fifty-nine, to equalize taxation upon corporations.
The first, second, third, fifth, and sixth sections of an ac
approved April thirtieth, one thousand eight hundred am
sixty-four, imposing additional taxes for State purposes, am
to abolish the revenue board.
The first, second, and third sections of the act approvec
February twenty-third, one thousand eight hundred am
sixty-six, to amend the revenue laws of the Commonwealth.
An act approved April ninth, one thousand eight hundre(
and sixty-seven, regulating interest on public accounts.
An act approved March twenty-second, one thousand eigh
hundred and sixty-seven, to increase the revenues of th<
Commonwealth.
AN ACT RELATING TO TONNAGE TAX ON COKE ANI
CRUSHED ROCK SAND.
Approved 26th February, 1869. (P. L., 1869, page j.)
SECTION I. That from and after the passage of this act th<
rate of tonnage tax to be paid by railroad and other trans
portation companies on coke and crushed rock sand shall no
be greater than the rate fixed by law upon the product o
mines.
1*5
AN ACT SUPPLEMENTARY TO AN ACT RELATING TO
CERTAIN CORPORATIONS, APPROVED THE TWENTY-
THIRD DAY OF APRIL, A. D. 1861.
Approved ijth March, r86g. (P. L., 1869, page //.)
SECTION i. That it shall and may be lawful for any railroad
company or companies created by or existing under the laws
of this Commonwealth, from time to time to purchase and
hold the stock and bonds, or either, or to agree to purchase
or guarantee the payment of the principal or interest, or
either, of the bonds of any other railroad company or com-
panies chartered by it or existing under the laws of any
other State.
AN ACT TO AUTHORIZE AN INCREASE IN THE NUMBER
OF DIRECTORS OR MANAGERS OF RAILROAD COMPA-
NIES, AND TO GIVE STOCKHOLDERS THE POWER TO
LOCATE THE GENERAL OFFICE OF SUCH COMPANIES.
Approved ijth March, 1869. (P. L., 1869, pages n and 12.)
SECTION i. That the directors or managers of any railroad
company incorporated by or under the laws of this Common-
wealth be and they are hereby authorized to add to their
number, by selecting from the body of the stockholders, from
time to time, an additional member or members, who shall
act as a vice-president or additional vice-president of such
corporation, and who shall have such powers and receive
such compensation as the board of directors or managers,
by its by-laws or by resolution, may establish and direct:
Provided, however, That the number of directors or managers
of such corporation shall not be thereby increased beyond
seventeen.
SEC. 2. That it shall be lawful for any such corporation,
by resolution of its stockholders, to determine where the
general office of such company shall be located, and where
the meetings of its board of directors or managers, and
also the meetings of its stockholders, and where also its
elections for directors or managers shall be held : Provided
always, That no place shall be selected which is not within
1 66
the limits of this Commonwealth : And provided also, Th
this act shall only apply to such railroad corporations
shall, by resolution of its president and board of directo
or managers, duly accept the same.
AN ACT TO ENABLE RAILROAD, CANAL, AND SLAC]
WATER NAVIGATION COMPANIES TO STRAIGHTE:
WIDEN, DEEPEN, AND OTHERWISE IMPROVE THE!
LINES OF RAILROADS, CANALS, AND SLACK-WATE
NAVIGATION, AND THE BRIDGES, AQUEDUCTS, PIER
AND STRUCTURES THEREOF.
Approved ijth March, 1869. (P. L., f86g, pages 12 and ij.}
SECTION i. That it shall and may be lawful for any rai
road, canal, and slack-water navigation company now <
hereafter incorporated by or under any law of this Commo]
wealth, to straighten, widen, deepen, enlarge, or otherwi:
improve the whole or portions of their lines of railroad
canals, and slack-water navigation, and the bridges, cros
ings, sidings, aqueducts, piers, and structures thereof, ar
make new feeders, whenever, in the opinion of the board
directors of any such company, the same may be necessai
for the better securing the safety of persons and property ar
increasing the facilities and capacity for the transportation
traffic thereon, and for such purposes to purchase, hold, ar
use, or enter upon, take, and appropriate land and materia
Provided, That before any such company shall enter upon <
take possession of any such lands and material, they she
make ample compensation to the owner or owners thereof <
parties interested therein, or tender adequate security therefc
SEC. 2. That where any such company cannot agree wil
the owner or owners, or parties interested in such land ar
materials, for the compensation proper for the damage dor
or likely to be done, or where, by reason of the absence (
legal incapacity of any such owner or owners or parti<
interested therein, no such compensation can be agree
upon, the same shall be ascertained and paid in the mann<
provided in the eleventh section of the act regulating railroa
companies, approved February nineteenth, Anno Domini or
thousand eight hundred and forty-nine.
A SUPPLEMENT SUPPLEMENTAL TO AN ACT PROVIDING
FOR THE CONSTRUCTION OF LATERAL RAILROADS
AND FOR OTHER PURPOSES, APPROVED THE FIFTH
DAY OF APRIL, ANNO DOMINI ONE THOUSAND EIGHT
HUNDRED AND FORTY-NINE, EXTENDING THE SAME
TO NORTHUMBERLAND COUNTY.
Approved 3d April, 1869. (P. L., 1869, pages 697 and 698.)
SECTION I. That the provisions of the second section of the
act providing for the construction of lateral railroads and for
other purposes, and approved the fifth day of April, Anno
Domini one thousand eight hundred and forty-nine, be and
the same are hereby made to extend to the county of North-
umberland.
A FURTHER SUPPLEMENT TO AN ACT REGULATING
LATERAL RAILROADS, APPROVED THE FIFTH DAY OF
MAY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED
AND THIRTY-TWO.
Approved 6th April, 1869. (P. L., 1869, page 77.)
SECTION i. That it shall be at the option of the petitioners,
or the legal representatives of the petitioners, for any lateral
railroad located or to be located under the act to which this
is a supplement, upon payment of all costs, at any time before
ground shall be broken, and within two years from the
confirmation of the right of way, to abandon the right of
construction; and, as evidence thereof, shall file their declara-
tion of that intent in writing in the court having jurisdiction,
which court may set aside and terminate all previous proceed-
ings, upon terms equitable and just to all parties in interest.
AN ACT RELATING TO THE SETTLEMENT OF PUBLIC
ACCOUNTS.
Approved 8th April, 1869. (P. L., 1869, page 19.}
SECTION I. That the auditor-general, State treasurer, and
attorney-general be authorized to revise any settlement made
1 68
with any person or body politic by the auditor-general whe
it may appear, from the accounts in his office or from otht
information in his possession, that the same has been errom
ously or illegally made, or to resettle the same according t
law, and to credit or charge, as the case may be, the amour
resulting from such resettlement upon the current accounts c
such person or body politic.
AN ACT SUPPLEMENTARY TO AN ACT RELATING T(
RAILROAD COMPANIES, APPROVED MAY SIXTEENTH
ANNO DOMINI ONE THOUSAND EIGHT HUNDRED ANI
SIXTY-ONE.
Approved zoth April, 1869. (P. L., 1869, pages 24 and 25.)
SECTION i. That whenever any merger of the corporate
rights, powers, and franchises of a railroad company shal
hereafter be made into any other railroad company, undei
authority of the act relating to railroad companies, approvec
May sixteenth, Anno Domini one thousand eight hundred
and sixty-one, it shall and may be lawful for said companies
to specify in the joint agreement for such consolidatior
and merger what corporate rights, powers, obligations
duties, and franchises created by the charter, or existing
under or in pursuance of or by force of any act of assembly
relating to either of said companies, shall be transferred
to or become vested in or shall continue in the company
into which said merger is made; and the said consolidated
company shall be subject to and be regulated and governed
only by the corporate rights, powers, duties, obligations, and
franchises so specified in and vested by said agreement; and
upon the filing of the same in the office of the secretary of the
Commonwealth, it shall thereupon be deemed and taken to be
its act of incorporation for all purposes whatsoever: Provided,
however, That the consolidated company so formed shall not
acquire by said agreement any powers, franchises, or privileges
that were not theretofore granted to them, or either of them,
by law; and due notice of any such merger shall first be given,
by publication, to the stockholders of the respective companies,
i69
and shall not be valid or effective until ratified or approved
by them, as required by said act of May sixteenth, Anno
Domini one thousand eight hundred and sixty-one ; and
all laws and parts of laws inconsistent with this act, and with
the corporate and other rights which may be defined in and
acquired under any agreement of consolidation or merger
made in pursuance hereof, be and the same are hereby
repealed.
A SUPPLEMENT TO "AN ACT RELATING TO CERTAIN
CORPORATIONS," APPROVED THE TWENTY-THIRD DAY
OF APRIL, ANNO DOMINI ONE THOUSAND EIGHT HUN-
DRED AND SIXTY-ONE.
Approved loth April, 1869. (P. L., 1869, pages 25 and 26.)
SECTION I. That when, in pursuance of the act to which
this is a supplement, any railroad company shall make, or has
made, a contract with any other railroad company chartered
by another State, but authorized by law to extend its road into
this State, by which it shall obtain a right to connect the roads
of the two companies, or run its cars and engines thereon or
on any other railroad, it shall not be lawful for any person, in
any manner, or by color of any authority, to interfere with or
interrupt the enjoyment of said right, according to the terms
of the contract, until the right so to interfere shall be finally
established by the highest judicial tribunal of the State in
which the railroad, for the use of which the contract was
made, is located.
SEC. 2. That if any company chartered by this State, or
authorized by law to extend its road into this State, shall be
interfered with, interrupted, or enjoined, contrary to the pro-
visions of the first section of this supplement, and thereby
prevented from enjoying the rights stipulated for in such
contract, it shall be lawful for the company so interfered with,
interrupted, or enjoined, to apply, by bill in equity, to the
Supreme Court, or any judge thereof, setting forth the facts;
whereupon it shall be the duty of the court or judge, if
satisfied that the complainant has been so interfered witi
interrupted, or enjoined, to issue a writ of injunction, withoi
security, against the railroad company with which the con
plainant contracted, forbidding it, its agents or employees an
all other persons, to exercise any corporate privileges or us
its own railroad within this State until the further order of tr
said court or judge.
SEC. 3. That thenceforward such complaint shall procee
as other cases in equity; and if, on first hearing, said cou
shall be of opinion that the interference, interruption, or ii
junction complained of was without sufficient cause, it sha
decree a continuance of the injunction theretofore granted, s
long as the interruption or injunction complained of sha
continue.
AN ACT REQUIRING A MAJORITY OF THE DIRECTOR
OR MANAGERS OF CORPORATIONS TO CONSTITUTE
QUORUM.
Approved i$th April, 1869. (P. L., 1869, page 29.)
SECTION i. That whenever the number of directors or mai
agers of any corporation may be increased under authority <
law, a majority of the whole number shall be necessary t
constitute a quorum; and all laws inconsistent with this a<
be and the same are hereby repealed.
AN ACT TO AUTHORIZE RAILROAD AND CANAL COMP/
NIES TO AID IN THE DEVELOPMENT OF THE COA1
IRON, LUMBER, AND OTHER MATERIAL INTEREST
OF THIS COMMONWEALTH.
Approved i^th April, 1869. (P. L., 1869, pages jf and 32.)
SECTION i. That it shall and may be lawful for railroad an
canal companies to aid corporations authorized by law 1
develop the coal, iron, lumber, or other material interests (
this Commonwealth, by the purchase of their capital stoc
and bonds, or either of them, or by the guarantee of or agret
ment to purchase the principal and interest, or either, of sue
bonds: Provided, That this act shall not apply to the stock
and bonds of any corporation possessing mining or manu-
facturing privileges in the county of Schuylkill.
AN ACT TO REPEAL AN ACT ENTITLED "AN ACT TO
AUTHORIZE THE SALE OF THE PROPERTY OF ANY
INCORPORATED COMPANY UPON THE BONDS SECURED
BY A MORTGAGE GIVEN BY IT, WITH LIKE EFFECT AS
IF SOLD UPON THE MORTGAGE." I
Approved r^th April, 1869. (P. L., 1869 1 page J2.)
SECTION i. That the act entitled "An act to authorize the
sale of the property of any incorporated company upon the
bonds secured by a mortgage given by it, with like effect as
if sold upon the mortgage," approved the tenth day of April,
Anno Domini one thousand eight hundred and sixty-seven,
be and the same is hereby repealed.
AN ACT TO CONFIRM THE ACKNOWLEDGMENTS OF
DEEDS, MORTGAGES, OR OTHER INSTRUMENTS OF
WRITING HERETOFORE MADE BY CORPORATIONS.
Approved ijth April, 1869. (P. L., 1869, page 68.)
SECTION i. That the provisions of the third section of an
act entitled "An act authorizing notaries public in this State,
and in any States or territory in the United States, to take
acknowledgments of deeds and letters of attorney, and to
confirm acknowledgments heretofore made," approved the
twenty-second day of April, Anno Domini one thousand
eight hundred and sixty-three, be and the same is hereby
extended to all deeds, mortgages, or other instruments of
writing informally acknowledged by any corporation since
the passage of said act: Provided, That no case heretofore
judicially decided shall be affected by this act.
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT FO
THE PROTECTION OF FARMERS AND OWNERS O
CATTLE, HORSES, SHEEP, AND SWINE ALONG TH
LINE OF RAILROADS IN WARREN COUNTY," APPROVE.
MARCH TWENTY-EIGHTH, ONE THOUSAND EIGH1
HUNDRED AND SIXTY-EIGHT, AND EXTENDING TH!
SAME TO THE COUNTIES OF BRADFORD, McKEAI*
AND VENANGO.
Approved ijth April, 1869. (/*. L., r86g, pages 1125 and 1126.)
SECTION i. That if any company referred to in said ac
shall neglect to perform the duties imposed by said act, th
company so offending shall be answerable to the owners c
cattle, horses, sheep, or swine, to the value of the propert
injured upon said roads in consequence of such neglect.
SEC. 2. The provisions of said act and this supplement b<
and the same are hereby extended to the counties of Brad
ford, McKean, and Venango, and that the several courts o
said county shall have like jurisdiction.
AN ACT TO ENABLE COURTS OF COMMON PLEAS OF THIS
COMMONWEALTH TO CHANGE THE NAME, STYLE, ANI
TITLE OF CORPORATIONS.
Approved zoth April, 1869. (P. L., 1869, pages 82 and Sj.)
SECTION i. That it shall be lawful for the several courts o
common pleas of this Commonwealth to change the name
style, and title of any corporation within their respective
counties, with the same proceedings and in the same mannei
as they are now authorized to improve, amend, and altei
charters : Provided, That no proceedings for such purpose shal
be entertained by the courts until notice of such application
is given to the auditor-general, and proof of such fact is pro-
duced to the courts; and upon final decree in such proceeding
before using such name, the parties in interest shall file with
the auditor-general a copy of the decree making such change.
SEC. 2. That the third section of the act approved fourth
April, one thousand eight hundred and forty-three, giving
authority to courts of quarter sessions to change the name
style, and title of corporations, be and the same is hereby
repealed.
173
A SUPPLEMENT TO THE ACT TO REVISE, AMEND, AND
CONSOLIDATE THE SEVERAL LAWS TAXING CORPORA-
TIONS, BROKERS, AND BANKERS, APPROVED MAY ONE,
ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT.
Approved 2jth April, 1869. (P. L.t 1869, pages 94 and 95.)
WHEREAS, The legislature, in repealing the various laws in
force, so far as they were supplied by the act to which this is
a supplement, to wit, the acts of April twenty-one, one thou-
sand eight hundred and fifty-eight; April twelve, one thousand
eight hundred and fifty-nine ; April nine, one thousand eight
hundred and sixty-seven ; March twenty-two, one thousand
eight hundred and sixty-seven ; and portion of the acts of
June eleven, one thousand eight hundred and forty; April
twenty-nine, one thousand eight hundred and forty-four; May
seven, one thousand eight hundred and fifty-five ; April thirty,
one thousand eight hundred and sixty-four; and February
twenty-three, one thousand eight hundred and sixty-six, inad-
vertently failed to make positive provision for the collection
and payment of the taxes falling due and payable under those
laws : to remedy which —
SECTION i. That the general repeal of those laws or parts
thereof shall read " so far as the same are altered and supplied,
except so far as shall be necessary to enforce the collection
and payment of all taxes assessed or falling due and payable
under said acts or any of them."
A FURTHER SUPPLEMENT TO THE ACT ENTITLED "AN
ACT TO ENABLE CITIZENS TO HOLD TITLE WHICH
HAD BEEN HELD BY ALIENS AND CORPORATIONS,"
APPROVED THE NINTH DAY OF JANUARY, ANNO DOMINI
ONE THOUSAND EIGHT HUNDRED AND SIXTY-ONE.
Approved 26th April, 1869. (P. L., 1869, page 96.)
SECTION I. That the provisions of the act entitled "An act
to enable citizens to hold title which had been held by aliens
and corporations," approved the ninth day of January, Anno
Domini one thousand eight hundred and sixty-one, be and
hereby are extended to all sales and conveyances of real estate
which had been made prior to the passage of this act.
174
AN ACT AUTHORIZING CORPORATIONS TO INCREASE
THEIR BONDED OBLIGATIONS AND CAPITAL STOCK.
Approved 2gth December, f86y. (P. L., 1870, pages 1374 and 1375.}
SECTION i. That it shall and may be lawful for any corporation
created by or existing under the laws of this Commonwealth
to increase its bonded obligations and secure the same by
mortgage, and also to increase its capital stock, from time to
time, to any amount not exceeding fifty per cent, of the
amounts heretofore authorized, and to sell or dispose of the
same on such terms and conditions as to said corporation
may seem proper : Provided, however, That this act shall not
apply to any corporation until it is duly accepted by it, where-
upon it shall be taken and deemed to be a part of its act of
incorporation and be made under its authority ; and a certifi-
cate, duly attested by the president and treasurer of said com-
pany, under its corporate seal, setting forth the acceptance of
the act, with the amounts and character of the increase, shall
be filed in the auditor-general's office of the Commonwealth,
and a copy thereof be filed with the secretary of State : And
provided further, That on all such increase the State shall be
entitled, pro rata, to the same bonus or tax that is now
assessed by law on like amounts of the existing capital of the
respective corporations.
AN ACT TO PREVENT THE INJURY OR DESTRUCTION OF
BAGGAGE WITHIN THE LIMITS OF THE STATE OF
PENNSYLVANIA.
Approved 12th February, 1870. (P. L., 1870, page yj.)
SECTION i. That any baggage-master, express agent, stage
driver, hackman, or other person whose duty it is to handle,
remove, or take care of the baggage of passengers, who shall
willfully or recklessly injure or destroy any trunk, valise, box,
package, or parcel, while loading, transporting, unloading,
175
delivering, or storing the same, shall be guilty of a misde-
meanor, and on conviction thereof shall be sentenced to pay
a fine not exceeding one hundred dollars : Provided, That the
provisions of this act shall not be so construed as to release
railroad or other transportation companies from their liabilities
under existing laws.
AN ACT TO AUTHORIZE RAILROAD COMPANIES TO LEASE
OR BECOME LESSEES AND TO MAKE CONTRACTS WITH
OTHER RAILROAD COMPANIES, CORPORATIONS, AND
PARTIES.
Approved 17 th February, i8jo. (P. L., 1870, page jf.)
SECTION I. That it shall and may be lawful for any railroad
company or companies created by or existing under the laws
of this Commonwealth, from time to time to lease or become
the lessees, by assignment or otherwise, of any railroad or rail-
roads, or enter into any other contract with any other railroad
company or companies, individuals, or corporations, on such
terms and conditions as may be agreed upon, whether the
road or roads embraced in such lease, assignment, or contract
may be within the limits of this State or created by or existing
under the laws of any other State or States; and any railroad
company or companies of this Commonwealth may agree to
guarantee, in whole or in part, the payments and covenants of
any such lease, assigned lease, or contract: Provided, however,
That such road or roads, so embraced in any such lease,
assignment, contract, or guarantee, shall be connected either
directly or by means of intervening line with the railroad or
railroads of said company or companies of this Commonwealth
so entering into such lease, assignment, contract, or guarantee,
and thus forming a continuous route or routes for the trans-
portation of persons and property : Provided, further, That the
provisions of this act shall in no wise, nor by any construction
whatever, apply to the Pittsburg and Connellsville Railroad
Company.
AN ACT TO AUTHORIZE CANAL COMPANIES TO BUILI
LATERAL RAILROADS.
Approved z8th March, i8jo. (P. L., 1870, pages 41 and 42.}
SECTION i. That it shall be lawful for any canal company
now or hereafter incorporated by or under the laws of thi
Commonwealth, to construct and operate lateral railroads am
branches therefrom, not exceeding, respectively, ten miles ii
length, with the necessary appurtenances, from suitable point
on the line of their canals to any mines, quarries, or othe
desirable points for the procurement of traffic for said canals
and shall have and enjoy, and be subject to all and singular th«
provisions and restrictions of an act of assembly regulating
railroad companies, approved the nineteenth day of February
one thousand eight hundred and forty-nine, and the supple
ments thereto, necessary for the location, construction, am
operation of the said roads and branches.
AN ACT TO AUTHORIZE AND DIRECT THE ATTORNEY
GENERAL, UPON COMPLAINT MADE BY PARTIES WHOSI
INTERESTS ARE THEREBY AFFECTED, TO INSTITUTI
PROCEEDINGS, ACCORDING TO LAW, AGAINST CORPO
RATIONS ALLEGED TO HAVE VIOLATED DUTIES IM
POSED UPON THEM BY LAW.
Approved ist April, 1870. (P. L., 1870, pages 45 and 46.)
SECTION i. That in all cases in which heretofore any privi
leges or immunities have been granted to any corporation b}
any act of the general assembly of the Commonwealth, upoi
terms and conditions in such act prescribed, for the knowing
and intentional neglect or refusal to perform and comply witl
which terms and conditions a forfeiture or determination of sucl
privileges and immunities is provided for in the act, it shal
be the duty of the attorney-general of the Commonwealth
upon complaint made to him by any party whose rights o:
interests are affected by such neglect or refusal, to institutt
forthwith procedings, in a court of competent jurisdiction, tc
ascertain the fact of such neglect or refusal ; and if sue?
177
neglect or refusal shall be adjudged by such court to have
occurred, then and in such case all the rights, privileges,
powers, and immunities granted to said corporation upon
such terms and conditions shall forthwith cease and deter-
mine ; and thereupon the governor of the Commonwealth
shall provide such organization as may be needful to manage
any such property, until otherwise directed by the legislature :
Provided, however, That all expenses incident to the manage-
ment thereof shall be paid from its own proceeds; and nothing
in this act contained shall be deemed as authorizing any
liability against or expenditure by the Commonwealth of
Pennsylvania : Provided, That when proceedings under the
provisions of this act are commenced in any court other than
the Supreme Court, the right of appeal to the Supreme Court
shall exist to either party, as in other cases: Provided further,
This act shall not apply to bridge companies.
A SUPPLEMENT TO THE ACT ENTITLED "AN ACT RELAT-
ING TO EXECUTIONS," APPROVED THE SIXTEENTH OF
JUNE, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED
AND THIRTY-SIX.
Approved jth April, r8jo. (P. L., 1870, pages $8 and 59.)
SECTION I. That in addition to the provisions of the sixty-
second section of the act of the sixteenth day of June, Anno
Domini one thousand eight hundred and thirty-six, relating
to executions, and in lieu of the provisions or proceedings
by sequestration under said act, plaintiff or assigns, in any
judgment against any corporation not excepted by said act,
may have execution fieri facias issued from the court wherein
said judgment is entered, which shall command the sheriff
or other officer to levy the sum of said judgment, with
interest and costs of suit, of any personal, mixed, or real
property, franchises, and rights of such corporation, and
thereupon proceed and sell the same, excepting lands held
in fee, which latter shall be proceeded against and sold in
the manner provided in cases for the sale of real estate;
I78
the proceedings on judgment under the aforesaid provision
of this supplement shall be without stay of execution : Pn
vided, That the purchaser or purchasers of any or all of sai
property, real, personal, or mixed, together with the franchise
and rights, shall take the same clear of all encumbrance:
excepting any mortgage or mortgages which may legall
exist at the time of levy thereupon, the lien of which sha
not be affected in any manner by said sale.
SEC. 2. That by virtue of any execution issued under thi
act, the levy may extend to the property, franchises, and right
of said corporation, in any and every county of this Commor
wealth wherein the same may be, and shall be endorsed o
said writ ; the levy and sale thereof shall be as effective a
though all said property, franchises, and rights were locatec
used, levied upon, and sold in the county wherein said writ c
execution was issued, and shall fully divest the defendants (
all interest therein.
AN ACT REQUIRING RAILROAD, CANAL, NAVIGATION
AND TELEGRAPH COMPANIES TO MAKE UNIFORM RE
PORTS TO THE AUDITOR-GENERAL.
Approved qth April, 1870. (P. L., 1870, page 61.}
SECTION i. That the auditor-general of this Commonwealt
be .and is hereby directed to make out, and cause to b
printed, a blank form for the annual reports of the seven
railroad, canal, navigation, and telegraph corporations of th
State, referred to in the second section of this act ; and th
said auditor-general shall forward, by mail or otherwise, on c
before the first day of October in each year, to each of tfc
said corporations, copies of the said form ; and when the sarr
shall have been received from the several aforesaid corpon
tions, he shall cause the same to be filed in his office, copi<
of which shall be transmitted to the legislature on or befoi
the fifteenth day of February in each year.
SEC. 2. That it is hereby made the duty of each railroa-
canal, navigation, and telegraph company whose works c
179
lines are in whole or in part within the limits of this State, to
make out and return to the auditor-general an annual report,
within thirty days after the expiration of their financial year,
according to a form to be prescribed by the said auditor-
general, embracing in detail the operations and affairs of the
said corporations during the financial year, and such other
information as the auditor-general shall direct ; said report to
be attested by the oath or affirmation of the president, super-
intendent, or sequestrator, and the treasurer of the company :
Provided, That companies whose financial year end after
December thirty-first shall make approximate reports to
December thirty-first, and forward the same on or before the
thirty-first day of January.
SEC. 3. That every such railroad, canal, navigation, and
telegraph corporation which shall refuse or neglect to make
such report as before provided, shall be liable to a penalty of
five thousand dollars to the use of the Commonwealth, for
every such refusal or neglect, to be sued for and recovered as
debts of like amount are or may be by law recoverable.
SEC. 4. That all acts or parts of acts of assembly inconsistent
with the provisions of this act be and they are hereby re-
pealed ; saving, however, to the Commonwealth the right to
collect any penalty heretofore incurred.
A SUPPLEMENT TO AN ACT REGULATING RAILROAD
COMPANIES, APPROVED FEBRUARY NINETEENTH, ONE
THOUSAND EIGHT HUNDRED AND FORTY-NINE.
Approved ijth April, i8jo. (P. L., 1870, page /j.)
SECTION i. That it shall and may be lawful for any two or
more railroad companies incorporated by or under any law of
this Commonwealth to jointly endorse or guaranty the bonds
or other obligations of any other railroad company for the
payment of money, and such company or companies so
endorsing or guaranteeing may take such securities and
indemnity from the company whose bonds or obligations may
thus be endorsed or guaranteed as aforesaid, as may be agreed
upon by the several companies respectively, to and with each
i8o
other, either jointly or separately; and it shall further be lawfi
for such companies, so endorsing or guaranteeing as aforesaic
to apportion and limit their liability as between themselve
or as between themselves and the company or compank
whose bonds or obligations may be endorsed or guaranteec
as may be respectively agreed upon.
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT RE
LATING TO RAILROAD AND CANAL COMPANIES," A!
PROVED APRIL ELEVENTH, ONE THOUSAND EIGH
HUNDRED AND SIXTY-FOUR.
Approved i^th April, 1870. (P. /,., 1870, page 75.)
SECTION I. That it shall be lawful for any canal or navig;
tion company incorporated by this Commonwealth, to pui
chase and hold the stock and bonds, and to lease the roa
and property of, or become consolidated and merged with, an
railroad company so incorporated, and for any such railroa
company to purchase and hold the stock and bonds, and t
lease the canal, navigation, and property of, or become coi
solidated and merged with, any such canal or navigatio
company in the same manner as such purchases, lease
consolidation, and merger are now allowed by law by an
between railroad companies, and all the provisions of exis
ing acts relative to such purchases, leases, consolidation, an
merger by and between railroad companies are, whenevt
applicable, hereby extended so as to embrace the purchase
leases, consolidation, and merger hereby authorized.
JOINT RESOLUTION FOR THE PROTECTION OF TH
RIGHTS OF CORPORATIONS CHARTERED BY THIS CON
MONWEALTH.
Approved ijth April, 1870. (P. L., 1870, page 1334.}
SECTION I. That the attorney-general of this Commoi
wealth be instructed to commence proceedings against s
corporations which have constructed or may hereafter coi
struct railroad or telegraph lines within this State witho*
authority of law : Provided, That this act shall not apply to
telegraph lines used by corporations solely for their private
purposes.
AN ACT FURTHER SUPPLEMENTARY TO AN ACT REGU-
LATING RAILROAD COMPANIES, APPROVED THE NINE-
TEENTH DAY OF FEBRUARY, ANNO DOMINI ONE
THOUSAND EIGHT HUNDRED AND FORTY-NINE.
Approved 26th April, 1870. (P. L., 1870, page 1274.')
SECTION i. That it shall and may be lawful for any railroad
company or corporation duly organized under the laws of this
State, for the purpose of constructing a railroad, either wholly
within, or partly within and partly without, this State, under
authority of this and any adjoining State, to merge and con-
solidate its capital stock, franchises, and property with any
other railroad company or companies or corporations organ-
ized under the laws of this or any other State, whenever the
two or more railroads of the companies or corporations so to
be consolidated shall or may form, when constructed, a con-
tinuous line of railroad with each other, or by means of any
intervening railroad ; and such consolidation may be effected
in accordance with the laws of this Commonwealth, either
under special or general statutes of other States.
AN ACT RELATIVE TO CHANGES OF VENUE.
Approved 28th April, 1870. (P. L., 1870, page 1293.)
SECTION 2. That it shall and may be lawful for either party
in any suit or action, real or personal, now pending or that
may hereafter be brought in any of the courts of this Com-
monwealth, by or against any incorporated company, to
remove the same into the court of any other adjacent county
indicated by the president judge of the court in which the
suit was originally brought; which suits so removed shall be
proceeded in by the proper court, in like manner and subject
to like rules and proceedings as if it had remained in the
182
court in which it was originally commenced, and upon fin
judgment testatum executions may issue as in other case
Provided, That the party so removing shall first take ar
subscribe an oath or affirmation, to be filed of record with tl
cause, that such removal is not made for the purpose of dela
but because he firmly believes a fair and impartial trial cann
be had in the county in which such suit is brought or orig
nated.
AN ACT TO AUTHORIZE CORPORATIONS TO SUBSCRIE
FOR OR PURCHASE THE CAPITAL STOCK, AND TO PU1
CHASE THE BONDS OF THE AMERICAN STEAMSH]
COMPANY OF PHILADELPHIA.
Approved ijth February, 1871. (P. L,, i8"jit page j<5.)
SECTION i. That it shall and may be lawful for priva
corporations, created by or doing business in this Commo
wealth, to subscribe for or to purchase the capital stock ai
bonds of the American Steamship Company of Philadelph:
AN ACT SUPPLEMENTARY TO THE ACTS RELATING 1
LATERAL RAILROADS.
Approved ijth February, 1871. (P. L., 1871, page j6.)
SECTION I. That in all proceedings now pending or whi<
may hereafter be instituted, to procure the right to constru
lateral railroads, or for the acquisition of wharves or landing
or for either of said purposes, the appeal to court from £
report of the viewers shall extend, not only to the assessme
of damages, but to the question of the necessity of the pr
posed lateral railroad, wharf, or landing, and shall also extei
to the question whether such landing or wharf is necessary
the owner thereof, for his own uses or purposes ; and if tl
jury shall so find, the same shall not be taken from him.
1*3
AN ACT TO DECLARE THE MEANING OF AN ACT COM-
PELLING RAILROAD AND OTHER CORPORATIONS TO
PAY COUNSEL FEES OF PLAINTIFF IN CERTAIN CASES,
APPROVED MAY THIRD, ONE THOUSAND EIGHT HUN-
DRED AND SIXTY-SIX.
Approved 1 6th March, 1871. (P. L., i8ji,page 231.)
SECTION i. That the true intent and meaning of an act
entitled "An act compelling railroad and other corporations
to pay counsel fees of plaintiffs in certain cases," approved
May third, one thousand eight hundred and sixty-six, is and
is hereby declared to be that corporations named in said act
shall only be liable to pay the plaintiff's counsel fees in case
said corporations have contested the validity of the bonds for
the recovery of the interest on which suit has been brought,
and such validity has been established by a court of competent
jurisdiction.
AN ACT RELATING TO NON-USED AND ABANDONED
FRANCHISES OF TURNPIKE, PLANK ROAD, CANAL, AND
SLACK-WATER NAVIGATION COMPANIES, OR PUBLIC
HIGHWAYS, PROVIDING WHAT SHALL CONSTITUTE
EVIDENCE OF ABANDONMENT.
Approved 22d March, i8jr. (P. L., i8ji, pages 231 and 232.)
SECTION I. That whenever any turnpike, plank road, canal,
or slack-water navigation, or public highway of any company
or corporation incorporated by the laws of this Common-
wealth for the purpose of making, operating, or using the
same, has been or shall have been, for the period of five suc-
cessive years or upwards, decayed, out of repair, and unused
for the purposes mentioned in the charter of such company,
the same shall be deemed and held to be abandoned, together
with all the easements and servitudes incident thereto; and
all the rights, privileges, and franchises of such company in
respect to the same shall cease and determine; and such con-
dition and non-user for the period aforesaid may be given in
1 84
evidence in any suit or proceeding wherein the facts of suet
abandonment may be material, and shall be conclusive proo
thereof: Provided, That this act shall not apply to any sucr
company, heretofore incorporated, unless the right is reservec
in its charter to resume its corporate privileges and franchise.'
in case of the misuse or abuse thereof: Provided, That the
provisions of the bill shall not apply to any canal in the
counties of Schuylkill, Wyoming, Bradford, and Berks, nor tc
any turnpike or plank road in the county of Carbon.
A SUPPLEMENT TO THE ACT OF APRIL FOURTH, ONE
THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT, RELA-
TIVE TO THE FORMATION AND REGULATION OF RAIL-
ROAD CORPORATIONS.
Approved 28th April, i8ji. (P. L., 1871, pages 246 and 247.)
SECTION i. That any number of persons, not less than three
all of whom must become stockholders, may form a company
for the purpose of constructing, maintaining, and operating a
railroad for public use, as provided for in the act to which
this is a supplement: Provided, Said railroad shall not be of a
greater length than five miles ; and its stockholders may
exercise all the powers granted in the act to which this is a
supplement, under such rules and regulations as they may
adopt, in the election of officers and the appointment of agents
for carrying on the business of the corporation, not incon-
sistent with the act to which this is a supplement.
SEC. 2. That any corporation formed under the act to which
this is a supplement, having constructed a road, or having
partially constructed one, of no greater length than that fixed
by this act, electing to organize under the provisions hereof
shall have the power to do so if a majority of its stock so
determines, and shall, within thirty days, file in the office oi
the secretary of the Commonwealth a certificate of its action
and a copy of its articles of association, under forms fixed
by said secretary; and any corporation failing, refusing, or
i85
neglecting so to do shall be subject to a fine of fifty dollars,
to be collected as other fines are by the proper officers of the
Commonwealth.
A SUPPLEMENT TO AN ACT TO ENABLE RAILROAD,
CANAL, AND SLACK-WATER NAVIGATION COMPANIES
TO STRAIGHTEN, WIDEN, DEEPEN, AND OTHERWISE
IMPROVE THEIR LINES OF RAILROADS, CANALS, AND
SLACK-WATER NAVIGATION, AND THE BRIDGES, AQUE-
DUCTS, PIERS, AND STRUCTURES THEREOF, APPROVED
THE SEVENTEENTH DAY OF MARCH, ANNO DOMINI
ONE THOUSAND EIGHT HUNDRED AND SIXTY-NINE.
Approved zd May, i8ji. (P. L., 1871, page 248.}
SECTION I. That in addition to the remedies and proceed-
ings provided by the second section of the act to which this is
a supplement, all and singular the provisions of the second
and third sections of the act of assembly approved the ninth
day of April, Anno Domini one thousand eight hundred and
fifty-six, entitled "A supplement to an act entitled 'An act
regulating railroad companies/ approved the nineteenth day
of February, Anno Domini one thousand eight hundred and
forty-nine," and of the first section of the act of assembly
approved the twenty-seventh day of April, Anno Domini
one thousand eight hundred and fifty-five, entitled "An act
extending the right of trial by jury to certain cases," are
hereby made applicable to all cases arising and proceedings
instituted under the said act to which this is a supplement.
AN ACT RELATING TO LEASES OR CONTRACTS FOR THE
USE OF CANALS OR OTHER NAVIGATION WORKS BY
RAILROAD COMPANIES.
Approved jd May, iSji. (P. L.t i8ji, pages 248 and 249.}
SECTION I. That the authority conferred upon railroad
companies by the act approved the seventeenth day of Feb-
ruary, Anno Domini one thousand eight hundred and seventy,
1 86
entitled "An act to authorize railroad companies to lease o
become lessees and to make contracts with other railroa<
companies, corporations, and parties," shall extend to and em
brace leases, assignments of lease, or other contracts relating
to canal and other navigation works, situated either in this o
any other State : Provided, That neither the provisions of th<
said act approved the seventeenth day of February, on*
thousand eight hundred and seventy-one, nor of this act
shall authorize the leasing or merging of or entering intc
contracts with the Susquehanna Canal Company, or the pur
chase in whole or in part of the said canal, its capital stocl
loans, or securities by any railroad company.
AN ACT FOR THE COLLECTION OF MINERAL STATISTICS
Approved qth May, 1871. (P. L., 1871, pages 261 and 263.)
SECTION I. That in addition to the information now requirec
to be furnished to the auditor-general by the several railroac
and canal companies of this Commonwealth, each of said rail-
road and canal companies, when their railroad or canal passe.'
through any of the coal regions of this State, shall report foi
the year one thousand eight hundred and seventy-one, anc
annually, as soon after the first day of January in each year
or the close of the fiscal year of said companies, as the
information can be procured under oath of one of the officers
of said company, to the auditor-general, the quantity of coa:
of each kind and of coke, in tons of two thousand pounds
each, received for transportation at each station on every
such railroad and at each coal-shipping point on said canal
distinguishing in said report the quantities received direct
from the mines from that received from other railroad 01
canals, giving the name of said connecting railroad or canals
in such a manner that the amount of the production of coal
on the line of said railroad or canal may be correctly ascer-
tained; the Monongahela Slack-water Navigation Company,
and all other slack-water navigation companies engaged in
conveying coal or coke, are also hereby required to make
1 87
returns in the same manner as is hereinbefore required of
railroad and canal companies.
SEC. 2. It shall also be the duty of each of said railroad
companies to report the quantity of coal purchased or mined
for their own use in this State by them during each year,
and which was produced along the line of said railroad,
and stating at what place or places the same was mined, and
which was not included in the reports of coal received for
transportation before mentioned of said railroad, or of any
other railroad or canal.
SEC. 3. It shall be the duty of all coal-mining companies or
firms and individuals working mines, and of all State and
county officers, to furnish to the auditor-general, in answer to
his letters or circulars, all information in their possession in
regard to the quantity of coal mined that is sent to market
direct by any navigable river, or used by any rolling-mill,
blast furnace, salt works, or otherwise, and which is not
transported on any railroad, canal, or slack-water navigation
company, and also to inform him when and of whom correct
information as to the coal production of any such locality can
be procured; and further, to inform him of all accidents in
mines in counties where there is no mine inspector appointed
by law, and how the same was caused.
SEC. 4. It shall be the duty of the auditor-general, on
receiving said reports and such other authentic information
as he shall collect, to collate said reports and information,
and make a report, giving the results only, in tabular form,
showing the quantity of coal mined during each year in each
county and in each important coal-producing region, in a
perspicuous form, separating the several kinds of coal into
anthracite, semi-bituminous, bituminous, and splint or block
coal, suitable for smelting iron, giving also from time to time
the statistics of each region, from the beginning of its coal
trade, so far as it can be ascertained; he shall also specially
report the number of accidents resulting in death or injury in
coal mines in those counties where there is no mine inspector,
classifying them according to the cause thereof, whether occa-
sioned by fire, explosions, falls of roof or coal in shafts or
slopes, or other causes, under ground or at the surface.
i88
SEC. 5. The auditor-general shall also, in the same mannei
collect statistics, collate, classify, and report, at the same tirm
the quantities of petroleum, salt, iron ore, zinc, and othe
mineral productions of the Commonwealth ; also, the pig iroi
and merchant or wrought iron manufactured in the Common
wealth.
SEC. 6. Eight thousand copies of said report of the auditor
general, together with his suggestions on the workings o
existing laws and his propositions as to new enactments
shall be published for distribution, annually, as soon as it i
prepared, with the title of the " Mineral Statistics of Pennsyl
vania;" and one copy thereof shall be sent by mail, by th<
auditor-general, to each person who shall have furnishec
him with information as aforesaid, and the balance shall b(
delivered to the legislature for distribution.
SEC. 7. Any railroad or canal or slack-water navigatior
company, or coal-mining company, firm, or individual en-
gaged in mining, or any county officer, who shall neglect o:
refuse, for thirty days, to make report or give the informatior
required by this act, shall be liable to a penalty of om
hundred dollars, to be recovered by order of the auditor-
general, in an action of debt, in which the Commonwealtr
shall be plaintiff, by the district attorney of the proper county
the one-half thereof to go to said district attorney and the
other half for the use of the poor of the proper poor district
AN ACT RELATING TO CERTAIN RAILROAD, CANAL, AND
INCORPORATED COMPANIES AUTHORIZED TO CON-
STRUCT RAILROADS, AND AUTHORIZING SUCH COM-
PANIES TO PURCHASE AND HOLD STOCK AND BONDS,
TO LEASE ROADS AND PROPERTY OF, AND CONSOLI-
DATE WITH, EACH OTHER IN THE COUNTIES OF SUS-
QUEHANNA, WYOMING, WAYNE, AND LUZERNE.
Approved i8th May, 1871. (P. L., i8ji, pages 942 and 943.)
SECTION I. That it shall be lawful for any railroad, canal, or
navigation company incorporated by or exercising within this
Commonwealth, and under and in pursuance of the laws
I89
thereof, corporate privileges, within the counties of Susque-
hanna, Wyoming, Wayne, and Luzerne, to purchase and hold
the stock and bonds, and to lease the road and property of, or
become consolidated and merged with, any other incorporated
company authorized by the laws of this Commonwealth to
construct a railroad or possessing railroad privileges, and for
any such [any] incorporated company so authorized to con-
struct a railroad or, possessing railroad privileges, to purchase
and hold the stock and bonds, and to lease the road, canal,
and property of, or become consolidated and merged with,
any such railroad, canal, or navigation company, in the same
manner as such purchases, leases, consolidation, and merger
are now provided or allowed by law and by and between
railroad companies incorporated by this Commonwealth ; and
all the provisions of existing acts relative to such purchases,
leases, consolidation, and merger by and between railroad
companies incorporated by this Commonwealth are, when-
ever or so far as applicable, hereby extended so as to
embrace the purchases, leases, consolidations, and mergers
hereby authorized, and so that the authority by this act
conferred may be effectually and lawfully exercised; and
when any merger and consolidation shall be made in accord-
ance with the provisions of this act, all the property, rights,
franchises, and privileges of the company so merged shall, by
virtue of such merger, be thereby transferred to and vested
in the company into which such merger shall be made : Pro-
vided, That any consolidated company formed by merging of
two or more companies, under the provisions of this act, shall
not charge any higher rates for transportation than the rates
now allowed by law over the respective roads so merged.
AN ACT TO AUTHORIZE MARRIED WOMEN OWNING
CAPITAL STOCK OF ANY RAILROAD COMPANY TO
SELL AND TRANSFER THE SAME.
Approved zd June, rSji. (P. L., i8jr, page 283.}
SECTION i. That it shall and may be lawful for any married
woman, owning any share or shares of the capital stock of
any railroad company, to sell and transfer the same with like
effect as if she were unmarried.
190
AN ACT RELATING TO LEGAL PROCEEDINGS BY AN!
AGAINST CORPORATIONS.
Approved iqth June, 1871. (P. L., 1871, pages 1360 and 1361.}
SECTION i. That in all proceedings in courts of law o:
equity of this Commonwealth, in which it is alleged that th(
private rights of individuals or the rights or franchises o
other corporations are injured or invaded by any corporatior
claiming to have a right or franchise to do the act from whicl
such injury results, it shall be the duty of the court in whicl
such proceedings are had to examine, inquire, and ascertair
whether such corporation does, in fact, possess the right o:
franchise to do the act from which such alleged injury tc
private rights or to the rights and franchises of other corpo-
rations results, and if such rights or franchises have not beer
conferred upon such corporation, such courts, if exercising
equitable power, shall, by injunction, at suit of the private
parties or other corporations, restrain such injurious acts; anc
if the proceedings be at law for damages, it shall be lawful
therein to recover damages for such injury, as in other cases
SEC. 2. When such legal proceedings relate to crossings ol
lines of railroads by other railroads, it shall be the duty oi
courts of equity of this Commonwealth to ascertain and
define by their decree the mode of such crossing which will
inflict the least practical injury upon the rights of the company
owning the road which is intended to be crossed, and if, in the
judgment of such court, it is reasonably practicable to avoid a
grade-crossing, they shall by their process prevent a crossing
at grade.
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT RELA-
TIVE TO CHANGES OF VENUE."
Approved 2ist February, 1872. (P. L., 1872, page 79.)
SECTION i. That all the expenses incurred in the trial of
any suits by the county to which they may be removed under
the provisions of the act entitled "An act relative to the
change of venue," approved April twenty-eighth, Anno Domini
one thousand eight hundred and seventy, shall be paid by the
county from which such suits have been removed.
AN ACT TO PREVENT TRESPASSING. UPON RAILROAD
CARS IN THE COUNTY OF BERKS.
Approved 2ist February, 1872. (P. Z,., 1872, page 131.)
WHEREAS, Minors and other persons frequently enter upon
and into and be upon railroad cars in the county of Berks,
contrary to the rules of the corporations owning such cars,
and for the purpose of being, riding, and traveling thereon
without any payment of fare, and by entering upon and leaving
such cars serious and fatal accidents have occurred; therefore,
SECTION I. That any person being in or upon or entering in
or upon any railroad car in the county of Berks, whether the
same be passenger, freight, coal, or other car, with the inten-
tion of being, riding, or traveling in or upon such car, con-
trary to the rules of the person, persons, or corporation owning
the same, and with the intention of being in or upon, riding,
or traveling upon such car without paying fare, shall forfeit
and pay a penalty of not more than five dollars, which penalty
shall be paid to the treasurer of the school district in which
said offense was committed, for the use of said district.
SEC. 2. Any constable or police officer having knowledge
of the violation of this act may forthwith arrest such offender,
and take him before any judge, alderman, or justice of the
peace, or such offender may be arrested by a warrant or capias
issued by such magistrate, upon information duly made on
oath or affirmation ; and said magistrate shall proceed to hear
and determine the matter in issue, and if he shall convict the
person so charged with the violation of the provisions of this
act, he shall proceed to pronounce the forfeiture which he
shall adjudge against the person so convicted; and if the per-
son so convicted refuse or neglect to satisfy such forfeiture
immediately, with costs, or produce goods and chattels where-
on to levy the said forfeiture, together with costs, then the
said justice shall commit the offender to the Berks county
prison for a period not exceeding ten days.
(Extended to several other counties, 2/th February, 1873.)
AN ACT RELATING TO STRAIGHTENED OR IMPROVE]
LINES OF RAILROAD.
Approved jd April, 1872. (P. L., 1872, pages 35 and j6.)
SECTION i. That it shall be lawful for the president an<
directors of any railroad company to retain the possession an*
use, either in whole or part, of any portion of the origins
railroad for which an improved or straightened line has bee
substituted, if in their opinion the abandonment of the sai<
portion would be inconvenient or injurious to the interests c
the public and of the railroad company.
AN ACT TO AUTHORIZE CORPORATIONS TO ISSUE
PREFERRED STOCK.
Approved jd April, 1872. (P. L., 1872, pages 37 and j<?.)
SECTION I. That it shall be lawful for any company now o
hereafter incorporated by or under any general law of thi
Commonwealth to issue, with the consent of a majority ii
interest of its stockholders, preferred stock of the company
not exceeding at any time one-half of the capital stock o
the corporation, the holders of which preferred stock shal
be entitled to receive such dividends thereon, not exceeding
twelve per cent, per annum, as the board of directors of sail
company may prescribe, payable out of the net earnings c
the company ; and the holders of said preferred stock shal
not be liable for any debts of the company.
AN ACT EXEMPTING THE COUNTIES OF LANCASTER
VENANGO, AND BERKS FROM ALL THE PROVISION!
OF AN ACT ENTITLED "AN ACT RELATING TO CHANGE!
OF VENUE," APPROVED APRIL TWENTY-EIGHTH
ANNO DOMINI ONE THOUSAND EIGHT HUNDRED ANI
SEVENTY.
Approved jd April, 1872. (P. L., 187 2, page 839.)
SECTION i. That from and after the passage of this act th<
counties of Lancaster, Venango, and Berks shall be exemp
193
from all of the provisions of an act entitled "An act relating
to changes of venue," approved April twenty-eighth, Anno
Domini one thousand eight hundred and seventy.
AN ACT SUPPLEMENTAL TO AN ACT ENTITLED "A SUP-
PLEMENT TO ACTS RELATING TO INCORPORATIONS
BY THE COURTS OF COMMON PLEAS," APPROVED ON
THE NINTH DAY OF APRIL, ANNO DOMINI ONE THOU-
SAND EIGHT HUNDRED AND FIFTY-SIX.
Approved <j.th April, i8j2. (P. L., 1872, pages 40 and 41.)
SECTION i. That the "proper county" intended by said act,
approved as aforesaid, may be, at the option of any corpo-
ration praying for permission to dissolve in the way and man-
ner in said act designated, either the county in which the
principal operations of the corporations are conducted or that
county in which its principal office or place of business is
located : Provided, That notice of said application shall be
given by publication in two papers in the county in which the
principal operations are conducted and that in which the
principal office is located.
AN ACT RELATING TO FOREIGN EXECUTORS, ADMIN-
ISTRATORS, GUARDIANS AND REPRESENTATIVES OF
DECEDENTS AND WARDS.
Approved 8th April, 1872. (P. L., 1872, pages 44 and 45.)
SECTION i. That it shall and may be lawful for any execu-
tor, administrator, or other person representing the estate of
any decedent, or for any guardian or other legal representative
of the estate of a minor, acting under letters testamentary or
of administration or other authority, granted by or under the
laws of any other State or territory of the United States, or
of any kingdom, state, sovereignty, or country, to transfer any
or all shares of stock and registered loan, or either, of any
incorporated company of this Commonwealth, standing in the
194
name of any decedent minor, or cestui que trust, and to receiv
the dividends and interest, or either thereof, whenever a dul1
authenticated copy of the will or other grant of authority
under which such transfer or receipt is proposed to be mad
shall have been filed in the office of the register of wills fo
the county in which such incorporated company has its trans
fer office or principal place of business ; and all transfers c
stock or loans or receipts for dividends or interest heretofor
made by foreign executor, administrator, guardian, and other
acting as aforesaid, are hereby validated.
AN ACT FOR THE APPOINTMENT OF A RECEIVER II
CASES WHERE CORPORATIONS HAVE BEEN DISSOLVEI
BY JUDGMENT OF OUSTER, UPON PROCEEDINGS Ol
QUO WARRANTO.
Approved April 4th, i8j2. (P L., 1872, pages 46 and 47.}
SECTION i. That whenever any corporation incorporate*
under the laws of this Commonwealth shall have been dis
solved by judgment of ouster, upon proceedings of qu
warranto in any court of competent jurisdiction, all the estate
both real and personal, of which such corporation are in an;
way seized or possessed shall pass to and vest in the persoj
who at the time of such dissolution are the officers of sue]
corporation, in trust, to hold the same for the benefit of th
stockholders and creditors of the corporation.
SEC. 2. The Supreme Court, or any judge thereof sitting a
nisi prius, shall, upon the petition of any stockholder o
creditor of such corporation, appoint a receiver, who shal
have all the powers of a receiver appointed by a court c
chancery, to take possession of all the estate, both real an«
personal, thereof, and make distribution of the assets amon;
the persons entitled to receive the same according to law
Provided, That written notice, as may be directed by the coun
shall be given to the persons, or a majority of them, who wer
at the time of the dissolution officers of the corporation, c
the intention, time, and place of presenting such petition
And provided further, That it shall be the duty of sue]
195
receiver to give notice of his appointment, time, and place of
meeting to all the stockholders of such corporation, and to
advertise the same as the court may direct.
SEC. 3. That the provisions of this act shall also apply to
any corporation that has been heretofore dissolved by judg-
ment of ouster upon proceedings of quo warranto in any court
of competent jurisdiction, the affairs of which have not been
settled and adjusted.
AN ACT FOR THE BETTER PROTECTION OF THE WAGES
OF MECHANICS, MINERS, LABORERS, AND OTHERS.
Approved qth April, 1872. (P. L., 1872, pages 47 and 49.}
SECTION i. That all moneys that may be due, or hereafter
become due, for labor and services rendered by any miner,
mechanic, laborer, or clerk, from any person or persons, or
chartered company employing clerks, miners, mechanics, or
laborers, either as owners, lessees, contractors, or under-
owners of any works, mines, manufactory, or other business
where clerks, miners, or mechanics are employed, whether at
so much per diem or otherwise, for any period not exceeding
six months immediately preceding the sale and transfer of
such works, mines, manufactories, or business, or other prop-
erty connected therewith, in carrying on said business, by
execution or otherwise, preceding the death or insolvency of
such employer or employers, shall be a lien upon said mine,
manufactory, business, or other property in and about or used
in carrying on the said business or in connection therewith,
to the extent of the interest of said owners or contractors, as
the case may be, in said property, and shall be preferred and
first paid out of the proceeds of the sale of such mine, manu-
factory, business, or other property as aforesaid: Provided,
That the claim of such miner, mechanic, laborer, and clerk
thus preferred shall not exceed two hundred dollars : And
provided further, That this act shall not be so construed as to
impair contracts existing or liens of record vested prior to its
passage : And provided further, That no such claim shall be
196
a lien upon any real estate, unless the same be filed in th<
prothonotary's office of the county in which such real estate
is situated, within three months after the same becomes du<
and owing, in the same manner as mechanics' liens are nov
filed.
SEC. 2. In all cases of executions, landlords' warrants
attachments, and writs of a similar nature hereafter to b<
issued against any person or persons or chartered compan}
engaged as before mentioned, it shall be lawful for sucl
miners, laborers, mechanics, or clerks to give notice in writing
of their claim or claims, and the amount thereof, to the officer
executing either of such writs, at any time before the actua
sale of the property levied on ; and such officers shall pay t<
such miners, laborers, mechanics, and clerks, out of the pro
ceeds of sale, the amount each is justly and legally entitled t(
receive, not exceeding two hundred dollars.
SEC. 3. In all cases of the death, insolvency, or assignmen
of any person or persons or chartered company engage<
in operations as hereinbefore mentioned, or of, execution:
issued against them, the lien of preference mentioned ii
the first section of this act, with the like limitations am
powers, shall extend to every property of said persons o
chartered company.
SEC. 4. That no mortgage, or other instrument by which ;
lien is hereafter credited, shall operate to impair or postpon<
the lien and preference given and secured to the wages am
moneys mentioned in the first section of this act: Provided
That no lien of mortgage or judgment entered before sucl
labor is performed shall be effected or impaired thereby.
SEC. 5. That in all cases of appeal from the judgment c
justice of the peace for wages or moneys mentioned in th'
first section of this act, the party appellant, his agent o
attorney, shall make oath or affirmations that it is not for th'
purpose of delay that such appeal is entered, but because h<
firmly believes injustice has been done; the bail required i]
cases of appeal from the judgments of justices of peace am
from the awards of arbitrators for the wages and money
mentioned in the first section of this act shall be bail absolute
in double the amount of said judgments and awards, and th
probable amount of costs accrued and likely to accrue in such
cases, with one or more sufficient sureties conditioned for the
payment of the amount of the debt, interest, and cost that
shall be legally recovered in such case against the appellant.
SEC. 6. That ajl laws or parts of laws inconsistent herewith
be and the same are hereby repealed.
AN ACT AMENDING THE PROVISO IN SECTION FIVE OF
AN ACT TO PREVENT FRAUDS UPON TRAVELERS, AP-
PROVED THE SIXTH DAY OF MAY, ANNO DOMINI ONE
THOUSAND EIGHT HUNDRED AND SIXTY-THREE.
Approved loth April t i8j 2. (P. L,, 1872, page 57.)
SECTION i. That the proviso in section five of an act to
prevent frauds upon travelers, approved the sixth day of May,
Anno Domini one thousand eight hundred and sixty-three,
be and the same is hereby amended so that the same shall
read as follows : Provided, That this act shall not prohibit any
person who has purchased a ticket from any agent authorized
by this act, with the bona fide intention of traveling upon the
same the whole distance between the points named in the said
ticket, from selling the unused part of the same to the com-
pany that sold the same ; and it shall be the duty of the said
company to pay for such unused portion of ticket the difference
between the actual fare to point used and the amount paid
for such ticket.
AN ACT RELATING TO THE STOCK AND BONDS OF RAIL-
ROAD AND CANAL COMPANIES MERGED OR PROPOSING
TO MERGE AND HELD BY EXECUTORS, GUARDIANS, OR
TRUSTEES.
Approved 12th April, 1872. (P. L., 1872, page 61.}
SECTION i. That it shall and may be lawful for any execu-
tor, guardian, or trustee holding the stock and bonds, or either,
of any railroad or canal company which may be authorized to
merge and consolidate with, or which has become merged
198
and consolidated with, any other railroad or canal company, t<
agree for and in respect to the said stock and bonds, or either
so held by them, to the terms and conditions of such proposec
or actual merger, and to accept in lieu or exchange for sai(
stock and bond, or either, (but to be held in like trusts,) th<
stock and bonds, or either, of the company so merging o
formed by such merger and consolidation.
AN ACT AUTHORIZING MINING AND MANUFACTURING
COMPANIES, OR OTHER ORGANIZED COMPANIES OP
INDIVIDUALS, TO GIVE, AND BANKS OR OTHER ORGAN
IZED COMPANIES OR INDIVIDUALS TO TAKE AND HOLI
MORTGAGES ON REAL ESTATE, TO SECURE PAYMENT
OF NOTES, BILLS, AND RENEWALS THEREOF.
Approved ijth February, 1873. (P. L., 1873, page jj.)
SECTION i. That it shall be lawful for mining and manu
facturing companies organized under any special or general la\*
of this Commonwealth, or for any other organized company 01
individual, to execute and deliver, and for all banks organizec
under any law of this Commonwealth, or any other organizec
company, individual, or individuals, to take and hold mort-
gages on real estate, to secure payment of such notes, bills
and other negotiable or other paper, and renewals thereof
belonging to or made by said companies, as the said banks
companies, individual, or individuals shall agree to and
execute, from time to time, for discount or otherwise: Pro-
vided, That such mortgage shall operate as a lien from the
date of the record of such instrument.
AN ACT TO EXTEND TO CERTAIN COUNTIES AN ACT EN-
TITLED "AN ACT TO PREVENT TRESPASSING UPON
RAILROAD CARS IN THE COUNTY OF BERKS," APPROVED
THE TWENTY-FIRST DAY OF FEBRUARY, ANNO DOMINI
ONE THOUSAND EIGHT HUNDRED AND SEVENTY-TWO.
Approved 2jth February, 1873. (f- L., 1873, page z8r.}
SECTION i. That the provisions of an act entitled "An act
to prevent trespassing upon railroad cars in the county of
199
Berks," approved the twenty-first day of February, Anno
Domini one thousand eight hundred and seventy-two, be and
the same is hereby extended to the counties of York, Hunt-
ingdon, Union, Philadelphia, Westmoreland, Perry, Bucks,
Montour, and Schuylkill.
AN ACT TO PREVENT RAILROAD COMPANIES AND OTHER
CORPORATIONS NOW OR HEREAFTER CREATED UNDER
THE LAWS OF THIS COMMONWEALTH FROM CON-
STRUCTING ANY RAILROAD OR OTHER WORKS WITHIN,
OVER, OR UPON THE LANDS, TENEMENTS, OR HERE-
DITAMENTS BELONGING OR APPERTAINING TO THE
PENNSYLVANIA STATE LUNATIC HOSPITAL, SITUATE
IN DAUPHIN COUNTY.
Approved ist March, 1873. (P. L., 1873, page 38.}
WHEREAS, The constructing of any railroad through the
grounds of said hospital would be detrimental to the interests
of those for whose benefit and improvement the same was
built, and dangerous to them when taking exercise and
recreation within the grounds thereof; therefore,
SECTION I. That it shall not be lawful for any railroad com-
pany or other corporation now or hereafter created under the
laws of this Commonwealth, and the same are hereby forbid-
den and prohibited from entering in or upon or from con-
structing or building any railroad or other works within, upon,
or over any lands, tenements, or. hereditaments belonging
or appertaining to the said the Pennsylvania State Lunatic
Hospital.
AN ACT TO AUTHORIZE CORPORATIONS TO SECURE THE
PAYMENT OF THEIR BONDS AND OBLIGATIONS BY A
MORTGAGE UPON THEIR PROPERTY, RIGHTS, AND
FRANCHISES.
Approved I3th March, 1873. (?*• L., 1873, page 45.)
SECTION i. That it shall be lawful for any railroad corpo-
ration of this Commonwealth to secure the payment of any
and all bonds and obligations which they have heretofore
200
made and issued, or may hereafter make and issue, by c
mortgage bearing a rate of interest not exceeding seven pei
centum per annum, upon the whole or any part of their prop-
erty, rights, and franchises, subject to any prior encumbrances
thereon; Provided, That this act shall not be construed tc
empower any railroad company to issue bonds in excess o:
the capital stock actually paid in.
AN ACT RELATING TO THE REVENUES OF THE COM-
MONWEALTH.
Approved 2ist March, 1873. (P. L., -r8?j, page 46.}
WHEREAS, In order to meet the increased expense resulting
from the late war, and to extinguish the loan of three millions
of dollars created for that purpose, as well as to place the
credit of the Commonwealth on a secure basis, it became
necessary to establish an anomalous and somewhat burden-
some system of taxation ;
AND WHEREAS, The revenue raised by taxing the capital or
the industry of the State ought not to exceed the amount
necessary to meet the ordinary expenses of government and
reduce the debt at a reasonable rate ;
AND WHEREAS, In the act of February twenty-third, eighteen
hundred and sixty-six, imposing a tax on the gross receipts
of railroads and carrying companies, as well as in the revised
tax laws of eighteen hundred and sixty-eight, it was clearly
expressed to be for the purpose of extinguishing the loan
created by the act of May fifteen, Anno Domini one thou-
sand eight hundred and sixty-one, known as the war loan,
which purpose is now substantially accomplished ; therefore,
SECTION i. That all laws or parts of laws now in force in
this Commonwealth under and by virtue of which taxes for
State purposes are levied and assessed upon horses, mares,
geldings, mules, and cattle, shall be and they are hereby
repealed, so far as they give authority to impose State taxes
on the same : Provided, That this section shall not take effect
until the next meeting of the board of revenue commissioners
of this Commonwealth.
201
SEC. 2. That so much of the sixth section of the act entitled
" An act to revise, amend, and consolidate the several laws
taxing corporations, brokers, and bankers," approved May
first, Anno Domini one thousand eight hundred and sixty-
eight, as imposes a tax upon the net earnings or income of
incorporated companies liable to the tax on capital stock
under the fourth section of said act, be and the same is
hereby repealed, said repeal to take effect from and after the
first day of November, Anno Domini one thousand eight
hundred and seventy-two : Provided, That this act shall not
be construed to release any taxes which accrued prior to the
first day of November aforesaid, nor in any way to affect suits
heretofore or hereafter brought in the name of the Common-
wealth for the collection of such taxes, and the penalties and
interest attached thereto, nor to release private bankers,
brokers, or incorporated companies having no taxable capital
stock, but for such purposes the section hereby repealed shall
continue in full force and effect.
SEC. 3. That so much of the eighth section of the act last
aforesaid as imposes a tax upon the gross receipts of railroad,
canal, and transportation companies, be and the same is hereby
repealed, said repeal to take effect from and after the first day
of July next : Provided, That any company which has been
exempt from the tax on tonnage by any special law shall be
liable to pay the tax of three-fourths of one per centum upon
their gross receipts ; and that this act shall not be construed
to release any taxes upon gross receipts accruing prior to the
first day of July next, nor in any way to affect suits heretofore
or hereafter instituted in the name of the Commonwealth for
the collection of such taxes, and the penalties and interest
attached thereto.
SEC. 4. That every company, except bank or savings insti-
tutions, incorporated under the laws of this Commonwealth,
and authorized to issue bonds or other evidences of indebted-
ness, and which pays interest to its bondholders or other
creditors, shall pay to the State treasurer, for the use of the
Commonwealth, semi-annually, on the first days of July and
January in each and every year, beginning with the first day
of July, Anno Domini one thousand eight hundred and
2O2
seventy-three, a tax equal to five per centum upon ever}
dollar of interest paid as aforesaid ; and it shall be the duty o
any company aforesaid to make semi-annual reports to the
auditor-general, under oath, showing the total amount of the
indebtedness of said company, and the amount of interest paic
to their bondholders or other creditors.
That the eleventh section of the act approved May
first, eighteen hundred and sixty-eight, entitled " An act tc
revise, amend, and consolidate the several laws taxing cor-
porations, brokers, and bankers," is hereby repealed, said
repeal to date from and after the first day of July next, saving
however, to the Commonwealth the right to collect any taxes
accruing under said section prior to the date of repeal afore-
said.
(Section 4 repealed by act of April 24th, 1874.)
AN ACT TO PROVIDE FOR A PERMANENT CENTENNIAL
EXPOSITION BUILDING FOR THE PEOPLE OF THE
COMMONWEALTH, IN THE CITY OF PHILADELPHIA.
Approved 2jth March, 1873. (P. L., fSjj, page 50.)
SECTION i. That the sum of one million dollars be and the
same is hereby appropriated for the erection of a permanent
centennial exposition building for the people of this Common-
wealth, and for the use of the centennial anniversary o1
American independence, under the direction of the United
States centennial board of finance, incorporated by act o1
congress, to be paid, however, only as hereinafter provided
No larger sum than shall be received into the State treasury
on account of the centennial anniversary fund hereinafter
provided for shall be paid by the State treasurer on account
of the permanent centennial exposition building during the
present year, and not exceeding three hundred thousand
dollars shall be paid of the amount hereby appropriated
during the year Anno Domini one thousand eight hundred
and seventy-four, and not more than three hundred thousand
dollars during the year Anno Domini one thousand eight
hundred and seventy-five, and the residue of one million
203
dollars shall be paid on or before the fourth day of July, Anno
Domini one thousand eight hundred and seventy-six: Pro-
vided, That the moneys herein appropriated are in no event
to be drawn from or out of the revenue of the Commonwealth
which, under the Constitution and laws of the State, are set
apart for payment of the State debt ; and if, from any cause,
the revenue especially provided as a centennial anniversary
fund, by the fifth section of this act, shall be insufficient to
provide the whole moneys hereinbefore appropriated, no more
money than the sum of two hundred and fifty thousand
dollars shall be paid from the State treasury to the purposes
aforesaid.
SEC. 2. Before any part of the money hereby appropriated
shall be paid, satisfactory evidence shall be furnished to the
State centennial supervisors hereinafter named that at least
one million dollars of bona fide responsible private subscrip-
tions shall have been made within the city of Philadelphia
to the capital stock of the said United States centennial
board of finance, which shall be officially certified to the
governor by the said supervisors, and a sum not less than
five hundred thousand dollars shall have been appropriated
by the municipal authorities of the city of Philadelphia, to be
applied to the erection of the permanent centennial exposition
building hereinafter provided for, and a contract shall have
been executed by the said centennial board of finance, and
the centennial board of finance incorporated by act of con-
gress, with the State centennial supervisors hereinafter named,
the commissioners of Fairmount Park, and the representatives
of the city of Philadelphia, as the authorities of said city
shall appoint for the purpose, stipulating that a permanent
fire-proof building shall be erected in Fairmount Park as
part of the centennial exposition buildings, to cost not less
than one million five hundred thousand dollars, which building
shall remain in Fairmount Park perpetually, as the property
of the people of this Commonwealth, for the preservation and
exhibition of national and State relics and works of art,
industry, mechanicism, and products of the soil, mines, et
cetera, of this State, and that it shall be kept open perpetually,
after the year Anno Domini one thousand eight hundred and
2O4
seventy-six, for the improvement and enjoyment of the peopl
of this Commonwealth, under such regulations as the Fait
mount Park commissioners and the State centennial super
visors and the proper representatives of the city of Philadei
phia shall from time to time prescribe ; but such regulation
shall at all times afford equal facilities and privileges to a'
the people of this Commonwealth, without regard to localit}
condition, or race, which contract shall be approved by th
governor of the State before it shall be deemed valid ; afte
the centennial anniversary exposition shall have closed, th
said park commissioners and State supervisors and the prope
representatives of the city of Philadelphia may admit int
said building the works of art, products of industry, et ceterc*
from any other state or government, under such regulation
as may be deemed just and proper, but there shall be n<
discrimination between the several States of this Union no
between the governments of the world.
SEC. 3. Alexander Henry, J. Gillingham Fell, and Joh]
O. James, of the city of Philadelphia, William M. Lyon an<
John H. Shoenberger, of the county of Allegheny, Georg
R. Messersmith, of Franklin county, William Bigler, of th
county of Clearfield, Ario Pardee, Sr., of the county of Lu
zerne, and John H. Ewing, of the county of Washington, b
and they are hereby appointed State centennial supervisors
who shall, in addition to the powers and duties hereinbefor
prescribed, formally approve the design, plans, and specifica
tions for said permanent centennial exposition building, an<
report the same, with their approval, to the governor; am
they shall formally approve any contract or contracts for th
erection of said building, and for materials for the same, an<
also report such contract or contracts, with their approval, t<
the governor; and no part of the money hereby appropriate*
shall be paid until such design, plans, specifications, and con
tract or contracts shall have been officially approved by sai<
supervisors and so certified to and approved by the governoi
When said supervisors shall certify to the governor that th<
labor done and materials furnished for said building amoun
to the sum of one hundred thousand dollars, the governo
shall draw his warrant on the State treasurer in favor of th'
205
treasurer of the centennial board of finance for fifty thousand
dollars, and thereafter, whenever the said supervisors shall
certify to the governor that the additional work done and
materials furnished amount to the sum of one hundred thou-
sand dollars, and that the money previously paid has been
fully and properly applied, he shall draw his warrant in like
manner for fifty thousand dollars, if so much shall remain
unpaid, in accordance with the stipulation for the annual pay-
ments contained in the first section of this act; and when said
supervisors shall certify that said centennial exposition build-
ing is complete, that the full sum of one million five hundred
thousand dollars has been expended on the same, and that
the previous payments have been fully and properly applied,
the residue of one million dollars shall be paid as hereinbefore
directed, but no larger amount shall be paid during any one
year than is provided in the first section of this act.
SEC. 4. Said board of State centennial supervisors shall
elect one of their number as president and shall appoint a
secretary, who shall keep a record of the proceedings of the
board, and file a complete duplicate of the same with the
governor at the close of each year; any vacancy occurring in
the board shall be filled by the said board, but no person shall
be chosen to fill any such vacancy without receiving five
votes; and any of said supervisors may be removed at any
time by the governor on address of a majority of both
branches of the legislature; said boards shall not exercise
any authority or control over the centennial exposition build-
ing during the centennial anniversary exposition, but said
permanent building shall, during such exposition, be under
the same control and direction of the United States centennial
commission as the other buildings erected by said centennial
board of finance.
SEC. 5. That in order to provide revenue to enable the State
to meet the appropriation hereinbefore made on or before the
first day of July, Anno Domini one thousand eight hundred
and seventy -three, all street passenger railway companies now
incorporated in the city of Philadelphia shall make return to
the State treasurer, under oath of the proper officers, stating
the gross receipts of each of said companies from the passage
206
of this act until said return is made, and like quarterly return
shall be made by said companies thereafter until the first da;
of April, Anno Domini one thousand eight hundred an*
seventy-seven, inclusive; and with each report there shall b
be paid by said street passenger railway companies to th
State treasurer three per centum of such gross receipts, whic]
revenue shall be placed by the State treasurer to the credit c
the centennial anniversary fund; and all moneys paid by sai<
State treasurer on account of the appropriations hereinbefor
made shall be paid out of said centennial anniversary fund unti
the same is exhausted, and the residue, if any required to b<
paid during any one year, shall be paid out of any moneys ii
the treasury not otherwise appropriated. On the first day o
April, Anno Domini one thousand eight hundred and seventy
seven, the tax upon the gross receipts of said railroad com
panies shall cease and determine. Any of said street passenge
railway companies which shall, within thirty days after th<
passage of this act, file with the State treasurer an officia
acceptance of its provisions, shall thereupon, each and ever)
of them, be released from any penalty or penalties to whicl
they or any of them might be liable under any proceeding ir
law or equity for any violation of the provisions of thei;
charters respectively prior to the passage of this act; anc
the faith of the State is hereby pledged to such accepting
companies that the legal rate of fares said companies are nov
authorized to collect shall not be reduced by legislative enact
ment before the first day of April, Anno Domini one thousanc
eight hundred and seventy-seven. Any street passenge:
railway companies incorporated after the passage of this ac
shall also report their gross receipts and pay the tax on the
same from and after they commence to carry passengers, a.(
hereinbefore provided.
207
AN ACT DECLARING CERTAIN ACTS RELATING TO ANY
RAILROAD COMPANY WITHIN THE BOROUGH OF SUS-
QUEHANNA DEPOT, SUSQUEHANNA COUNTY, TO BE
UNLAWFUL.
Approved, roth April, 1873. (P. L., 1873, page jpj.)
SECTION i. That it shall be unlawful for any person or per-
sons to be found- loitering, remaining, or congregating in or
about the depot, freight-house, offices, shops, or other build-
ings, or upon the cars or engines, or on the railroad tracks,
yard, or other grounds used for railroad purposes belonging
to any railroad company and located within the borough of
Susquehanna Depot and county of Susquehanna, without
lawful business.
SEC. 2. And it shall and may be lawful to arrest such
offender or offenders, and for the burgess of said borough, or
any justice of the peace of the county aforesaid within said
borough, to convict such offender or offenders summarily, in
the same manner as provided by the act of assembly relating
to vagrants passed February twenty-first, Anno Domini one
thousand seven hundred and sixty-seven, and thereupon to
impose upon any such offender or offenders a fine not exceed-
ing ten dollars and the costs of prosecution; and in case any
such offender so convicted as aforesaid shall refuse or neglect
to pay the fine so imposed and the costs of prosecution as
aforesaid, he shall be committed by the said burgess or justice
of the peace imposing the same to the common jail of the said
county for the period of ten days.
AN ACT TO EXTEND TO THE COUNTY OF DELAWARE AN
ACT ENTITLED "AN ACT TO PREVENT TRESPASSING
UPON RAILROAD CARS IN THE COUNTY OF BERKS,"
APPROVED THE TWENTY-FIRST DAY OF FEBRUARY,
ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND
SEVENTY-TWO.
Approved loth April, 1873. (?• L-> f87J' PaSe ()24>}
SECTION i. That the provisions of an act entitled " An act
to prevent trespassing upon railroad cars in the county of
208
Berks," approved the twenty-first day of February, Anr
Domini one thousand eight hundred and seventy-two, t
and the same is hereby extended to the county of Delawan
Provided, That any commitment under this act shall be 1
the Delaware county prison.
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT TO AT.
THORIZE CORPORATIONS TO ISSUE PREFERRED STOCK
APPROVED THE THIRD DAY OF APRIL, ANNO DOMIIv
ONE THOUSAND EIGHT HUNDRED AND SEVENTY-TW(
Approved 28th April, 1873. (?• •£•• f^73> Pa£e 79-)
SECTION I. That any company authorized by the act t
which this is a supplement to issue preferred stock ma
issue the same in different classes, to be distinguished in sue
manner as the directors of such company may prescribe ; an
they may give to the various classes such order of preferenc
in the payment of the dividends or in the rate of dividenc
thereon or in the redemption of the principal thereof as ma
be approved by the holders of a majority of the stock of th
company ; and the company shall have the right to redeer
its preferred stock upon such terms as may be prescribed i
the issue thereof; and it may specifically appropriate for th
payment of the dividends upon any class of stock, or for th
redemption of the principal thereof, the revenues from an
specific department of its business or the proceeds of an
specified portions of its assets or property : Provided, That n
injustice shall thereby be done to the existing rights of othe
stockholder or creditors of the company.
AN ACT TO AUTHORIZE THE REGISTRY OR TRANSFE]
OF CERTAIN BONDS.
Approved ist May, 1873. (P. L., i8j3,page 87.)
SEC. I. That bonds issued or which may be issued by th
State of Pennsylvania, or by any county, .city, municips
authority, or corporation therein, payable to bearer, may, at th
209
option and at the expense of the holder thereof, be returned,
and new registered bonds, of the same or of a larger denom-
ination, to the aggregate amount thereof, be issued, payable at
the same time and place as the bonds so retired, to the order
of the holder of said registered bonds, and transferable only
by assignment executed before and attested under the hand
and seal of some officer authorized by law to take the acknowl-
edgments of deeds, which transfer shall only become opera-
tive against the corporations aforesaid when noted on the
transfer-book of the party or corporation issuing the bond, and
which book of transfer all parties or corporations issuing such
bonds are hereby required to keep ; and for the interest due
or to become due on the bonds so retired as aforesaid, it shall
be lawful for the obligors to issue interest certificates, at the
same rate of interest, due at the same time and place as the
original coupons corresponding with the denominations of the
registered bonds, and payable to the order of the holder of
said registered bond.
SEC. 2. And it shall further be lawful for any corporate
body as aforesaid, which shall issue or may have issued
coupon bond or bonds payable to bearer, to register any such
original bond or bonds in the name of the holder thereof and
upon his or her request and at his or her expense, and stamp
or print in large type, or write upon the face thereof, that the
same will only be paid to the order of the registered holder
thereof; and from and after such stamping, printing, or writing,
such bonds shall only be transferable in the manner provided
for in the first section of this act, unless the holder shall make
them payable to bearer by a properly attested assignment to
that effect; such bond shall continue subject to successive
registrations, limitations, or transfers to bearer, at the option
of each holder; and the word registered stamped, printed,
or written upon the coupon of such bonds shall be legal notice
that they are no longer payable to bearer, but to the order of
the party in whose name the bond to which the coupon is
attached shall be registered, unless the last assignment thereon,
duly executed, shall be to the bearer, in which event the coupon
shall be payable, as in other cases of coupon bonds, to bearer.
SEC. 3. It shall be lawful for the holder or holders of any
210
such coupon bonds or bond payable to bearer to stamp, prir
or write on the face thereof " Payable to endorsed holder
and to endorse thereon "Pay to order of ," signing hi
her, or their names thereto in the presence of some offio
authorized to take the acknowledgment of deeds, who sha
attest the same under his hand and seal, and said bond trier
after shall only be payable to the legal holder thereof, or tr
legal representative of such holder; such bond or bonds sha
continue subject to successive transfers in the same manne
and with like force and effect, by the person thus legall
holding the same ; and the holder of such bond may stam
print, or write on the coupons thereof, " Endorsed," and sue
stamping, printing, or writing on the face and coupons of sue
bond shall be notice that they are no longer payable to beare
but to the endorsed holder or order or the legal represen
atives thereof, unless the last endorsement shall be to beare
when they shall be payable as other coupon bonds, to beare
SEC. 4. Registrations made, or to be made, of such bone
in the manner herein provided, or in such other manner i
may have been adopted between the makers and holde:
thereof, shall be valid ; and the provisions of this act shall n<
be construed as repealing special enactments in regard to tf
transfer of bonds of any corporation, nor shall the transfer <
any bond or bonds in the manner herein provided impair an
security or the lien of any mortgage which may have bee
given to secure the payment thereof, or the rights, duties, an
powers of any trustee in relation thereto.
AN ACT AUTHORIZING DIRECTORS OF RAILROAD CON
PANIES TO ELECT VICE-PRESIDENTS.
Approved $th June, i8?j. (P. L., 1874, page 331.*)
SECTION i. That it shall be lawful for the directors of an
railroad company incorporated by the laws of this Commoi
wealth to elect from among their number a vice-president (
vice-presidents and prescribe their duties.
211
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT REGU-
LATING LATERAL RAILROADS," APPROVED THE FIFTH
DAY OF MAY, ANNO DOMINI ONE THOUSAND EIGHT
HUNDRED AND THIRTY-TWO, IN THE COUNTY OF
ARMSTRONG.
Approved 6th June, 1873. (f- £•> f^74t PaSe 4*7')
SECTION i. That the provisions of the act to which this is a
supplement shall be extended to embrace owners of furnaces
and all kinds of manufacture of iron, so that such owners may
erect lateral railroads from their works to their mines, in the
same manner as if they were connecting their mines with a
railroad.
SEC. 2. That the provisions of said act shall also apply to
navigable streams, so that owners of land may construct lateral
roads from their mines to all navigable streams under the
provisions of the act to which this is a supplement: Provided,
That the provisions of this act shall only apply to the county
of Armstrong.
AN ACT TO AUTHORIZE MARRIED WOMEN OWNING
LOANS OF THIS COMMONWEALTH OR OF THE CITY OF
PHILADELPHIA, OR CAPITAL STOCK OF ANY CORPORA-
TION OF THIS COMMONWEALTH, TO SELL AND TRANS-
FER THE SAME.
Approved ist April, 1874. (P. L., 1874, page 49.}
SECTION i. That it shall and may be lawful for any married
woman owning any of the loans of this Commonwealth or of
the city of Philadelphia, or any share or shares of the capital
stock of any corporation created by or under the laws of this
Commonwealth, to sell and transfer the same with like effect
as if she were unmarried.
212
AN ACT TO PROVIDE FOR THE MANNER OF INCREASINC
THE CAPITAL STOCK AND INDEBTEDNESS OF COR
PORATIONS.
Approved i8th April, 1874. (P. L., 1874, page 61.)
SECTION I. That the capital stock or indebtedness of an;
corporation may be increased from time to time by the con
sent of the persons or bodies corporate holding the large
amount in value of the stock of such company, to such amoun
as such corporation is by law authorized to increase its capita
stock or indebtedness: Provided, That no corporation sha
increase the amount of its indebtedness beyond the amour
of its capital stock subscribed until the amount of its capita
stock subscribed shall be fully paid in.
SEC. 2. That any corporation desirous of increasing it
capital stock or indebtedness as provided by this act shall, b
a resolution of its board of directors, call a meeting of it
stockholders therefor, which meeting shall be held at its chit
office or place of business in this Commonwealth, and notic
of the time, place, and object of said meeting shall be publishe
once a week for sixty days prior to such meeting in at lea.'
one newspaper published in the county, city, or boroug
wherein such office or place of business is situate.
SEC. 3. At the meeting called pursuant to the second sectio
of this act, an election of the stockholders of such corpo]
ation shall be taken for or against such increase, which sha
be conducted by three judges, stockholders of said corporatioi
appointed by the board of directors to hold said electioi
and if one or more of said judges be absent, the judge c
judges present shall appoint a judge or judges who shall a<
in the place of the judge or judges absent, and who shall r<
spectively take and subscribe an oath or affirmation, before a
officer authorized by law to administer the same, well an
truly and according to law to conduct such elections to th
best of their ability; and the said judges shall decide upon th
qualification of voters, and when the election is closed coui
the number of shares voted for and against such increase, an
declare whether the persons or bodies corporate holding tt
213
larger amount of the stock of such corporation have con-
sented to such increase or refused to consent thereto, and shall
make out duplicate returns of said election, stating the number
of shares of stock that voted for such increase and the number
that voted against such increase, and subscribe and deliver the
same to one of the chief officers of said company.
SEC. 4. Each ballot shall have endorsed thereon the number
of shares thereby represented, but no share or shares trans-
ferred within sixty days shall entitle the holder or holders
thereof to vote at such election or meeting, nor shall any
proxy be received or entitle the holder to vote Xmless the
same shall bear date and have been executed within three
months next preceding such election or meeting; and it shall
be the duty of such corporation to furnish the judges at said
meeting with a statement of the amount of its capital stock,
with the names of persons or bodies corporate holding the
same, and number of shares by each respectively held, which
statement shall be signed by one of the chief officers of such
corporation, with an affidavit thereto annexed that the same
is true and correct to the best of his knowledge and belief.
SEC. 5. That it shall be the duty of such corporation, if
consent is given to such increase, to file in the office of the
secretary of the Commonwealth, within thirty days after such
election or meeting, one of the copies of the return of such
election provided for by the third section of this act, with a
copy of the resolution and notice calling the same thereto
annexed, and upon the increase of the capital stock or indebt-
ness of such corporation, made pursuant thereto, it shall be
the duty of the president or treasurer of such corporation,
within thirty days thereafter, to make a return to the secre-
tary of the Commonwealth, under oath, of the amount of such
increase, and in case of neglect or omission so to do such cor-
poration shall be subject to a penalty of five thousand dollars,
which penalty shall be collected on an account settled by the
auditor-general and State treasurer as accounts for taxes due
the Commonwealth are settled and collected. And the secre-
tary of the Commonwealth shall cause said return to be
recorded in a book kept for that purpose, and furnish a certi-
fied copy of the same to the auditor-general.
214
SEC. 6. That every corporation shall within sixty days,
when requested by the auditor-general, render to him a report
under the oath of its president or treasurer, of the amount oi
capital stock or bond indebtedness issued pursuant to the
provisions of this act, showing, in case ' of stock, to whom
issued and the price or consideration received therefor, amount
received, and from whom in money, in labor, and in other
property, and, if so requested, a detailed statement of the
character, value, and situation of the property so received, and
in case of refusal or neglect so to do, shall be subject to a
penalty of five thousand dollars for each and every thirty days
thereafter such corporation shall refuse or neglect to make
such report, which penalty or penalties shall be collected on
an account or accounts settled from time to time by the
auditor-general and State treasurer as accounts for taxes due
the Commonwealth are settled and collected.
SEC. 7. That every company, except railroad, canal, turn-
pike, bridge, or cemetery companies, and companies incor-
porated for literary, charitable, or religious purposes, which
shall increase its capital stock under the provisions of this act,
shall pay to the State treasurer, for the use of the Common-
wealth, a bonus of one-quarter of one per centum upon the
amount of said increase, in two installments, the first to be
due upon the filing of the certificate required by the preceding
section of this act to be filed in the office of the secretary of
the Commonwealth, and the second installment one year
thereafter : Provided, That nothing in this act shall be con-
strued to reduce the amount of bonus to be paid by any
company having in its charter a special provision requiring
the payment of a bonus at a higher rate than one-quarter of
one per centum.
SEC. 8. All acts and parts of acts inconsistent with the
provisions of this act are hereby repealed.
215
AN ACT TO ENABLE THE OFFICERS OF DISSOLVED COR-
PORATIONS TO CONVEY REAL ESTATE HELD BY SUCH
CORPORATIONS.
Approved zoth April, 1874. (P. L., 1874, page fso.)
SECTION I. That whensoever it has occurred or shall happen
that any corporation has been or shall be dissolved, owning
lands or other real estate in this Commonwealth at the time
of dissolution, whether by decree of court or expiration of
time or otherwise, it shall be lawful for the officers last in
office, if in life, or any trustee to be appointed for the purpose
by the court of common pleas of the county where the real
estate is or shall be located, on the petition to such court by
majority in amount and value of all the shareholders or corpo-
rators, and upon giving security in double the probable value
of the real estate to be sold, (said security to be approved by
the court), together with such notice as the said court may
require to be given to all not represented by petition or answer,
by actual service or advertisement, to make conveyance of
such real estate in absolute fee simple, under such decree as
the said court may make for the sale, either public or private ;
and the proceeds of sale shall be applied or distributed by the
party or parties so making sale, as part of the effects of the
defunct corporation, to creditors or shareholders, as the said
court may adjudge them to be entitled. And if such corpo-
ration had made sale of real estate and had not conveyed the
same, such court may decree conveyance in specific execution
of such contract in manner aforesaid.
AN ACT TO PROHIBIT FOREIGN CORPORATIONS FROM
DOING BUSINESS IN PENNSYLVANIA WITHOUT KNOWN
PLACES OF BUSINESS AND AUTHORIZED AGENTS.
Approved 22d April, 1874. (p- L- l874< PaSe IoS-}
SECTION I. That from and after the passage of this act no
foreign corporation shall do any business in this Common-
wealth until said corporation shall have established an office
or offices and appoint an agent or agents for the transaction
of its business therein.
216
SEC. 2. It shall not be lawful for any such corporation to dc
any business in this Commonwealth until it shall have filed ir
the office of the secretary of the Commonwealth a statement
under the seal of said corporation and signed by the presi-
dent or secretary thereof, showing the title and object of saic
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 agent4
in each and every of said offices.
SEC. 3. Any person or persons, agent, officer, or employee
of any such foreign corporation who shall transact any business
within this Commonwealth for any such foreign corporatior
without the provisions of this act being complied with shal
be guilty of a misdemeanor, and upon conviction thereo
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.
AN ACT FOR THE TAXATION OF CORPORATIONS.
Approved 24th April, 1874. (P. L., 1874, page 68.}
SECTION i. That hereafter no institution or company incor-
porated by or under any law of this Commonwealth, general
or special, or of any other State and authorized to do business
in this Commonwealth, shall go into operation without first
having the name of the institution or company, the date oi
incorporation, the act of assembly under which incorporated,
the place of business, the amount of capital paid in, and the
names of the president and treasurer of the same, registered
in the office of the auditor-general. And any such institution
or company which shall neglect or refuse to comply with the
provisions of this section shall be subject to a penalty of five
hundred dollars, which penalty shall be collected on an
account settled by the auditor-general and State treasurer in
the same manner as taxes on stock are settled and collected.
SEC. 2. That hereafter it shall be the duty of the president
or treasurer of every company now or hereafter incorporated
by or under any law of this Commonwealth, except banks and
saving institutions, and of every company now or hereafter
incorporated by any other State and doing business in this
Commonwealth, which is taxable under the laws of this State,
to make report in writing to the auditor-general annually, in
the month of November, stating specifically the amount of
capital paid in, the date, amount, and rate per centum of each
and every dividend declared by their respective corporations
during the year ending with the first Monday of said month;
and in all cases where any such company shall fail to make
and declare any dividend upon either its common or preferred
stock during the year ending as aforesaid, the treasurer and
secretary thereof, after being duly sworn or affirmed to do and
perform the same with fidelity according to the best of their
knowledge and belief, shall, between the first and fifteenth days
of November of each year in which no dividend has been
declared as aforesaid, estimate and appraise the capital stock
of such company upon which no dividend has been made or
declared at its value, not less than the average price which
said stock sold for during said year, and when the same
shall have been so truly estimated and appraised, they shall
forthwith forward to the auditor-general a certificate thereof,
accompanied by a copy of their said oath or affirmation, by
them signed, and attested by the magistrate or other person
qualified to administer the same : Provided, That if the auditor-
general or State treasurer, or either of them, is not satisfied
with the valuation so made and returned, they are hereby
authorized and empowered to make a valuation thereof, and
to settle an account upon the valuation so by them made^for
the taxes, penalties, and interest due Commonwealth thereon;
and any corporation dissatisfied with such settlement may
appeal therefrom, as is now provided by law for appeals, from
the settlement of accounts by the auditor-general and State
treasurer.
SEC. 3. That if the said officers of any such company or
corporation shall neglect or refuse to furnish the auditor-
general, on or before the thirty-first day of December in each
218
and every year, with the report aforesaid or the report and
appraisement, as the case may be, as required by the second
section of this act, it shall be the duty of the accounting
officers of the Commonwealth to add ten per centum to the
tax of said corporation for each and every year for which such
report or report and appraisement were not so furnished, which
precentage shall be settled and collected with the said tax in
the usual manner of settling accounts and collecting such taxes :
Provided, That if said officers of any such company or corpo-
ration shall intentionally fail to comply with the provisions of
the second section of this act for three successive years, the
auditor-general shall report the fact to the governor, who, if
he shall be made satisfied such failure was intentional, shall
thereupon by proclamation declare the charter of said com-
pany or corporation forfeited and its chartered privileges at an
end, whereupon the same shall cease, end, and be determined.
SEC. 4. That every railroad company, canal company, steam-
boat company, slack-water navigation company, transportation
company, street passenger railway company, and every other
company, now or hereafter incorporated by or under any law
of this Commonwealth, or now or hereafter incorporated by
any other State and doing business in this Commonwealth,
and owning, operating, or leasing to or from another corpo-
ration or company any railroad, canal, slack-water navigation,
or street passenger railway, or device for the transportation of
freight or passengers, or in any way engaged in the transporta-
tion of freight or passengers, shall be subject to and pay a tax
into the treasury of the Commonwealth, annually, at the rate
of nine-tenths of one mill upon its capital stock for each one
per cent, of dividend made or declared by such company ; and
in case of no dividend being made or declared by such com-
pany upon either its common or perferred stock, then six
mills upon a true valuation of the capital stock of the same
upon which no dividend has been made or declared, made in
accordance with the provisions of the third section of this act.
SEC. 5. That every company whatever now or hereafter
incorporated under any law of this Commonwealth, or now or
hereafter incorporated by any other State and doing business
in this Commonwealth, except those upon which a tax is
2I9
imposed by the fourth section of this act, and excepting also
banks and savings institutions, building associations, and foreign
insurance companies licensed in pursuance of the general acts
in relation thereto, shall be subject to and pay a tax into the
treasury of the Commonwealth, annually, at the rate of one-
half mill upon its capital stock for each one per cent, of
dividend made or declared by such company; and in case of
no dividend being made or declared by such company upon
either its common or preferred stock, then three mills upon a
true valuation of the capital stock of the same upon which
no dividend has been made or declared, made in accordance
with the provisions of the third section of this act.
SEC. 6. That it shall be the duty of the treasurer or other
officer having charge of any company upon which a tax is
imposed by either of the fourth or fifth sections of this act to
transmit the amount .of said tax to the treasury of the
Commonwealth within fifteen days from the thirty-first day of
December in each and every year; and if any company shall
neglect or refuse to pay the tax hereinbefore required to be
paid, the directors, managers, or treasurer thereof for the
time being shall be jointly and severally liable in their
individual capacity for the payment thereof, and the same may
be sued for and recovered, under the direction of the State
treasurer, as other debts of like amount due the Common-
wealth are recoverable : Provided, That the remedy against the
directors, managers, or treasurer in their individual capacity
shall not prevent the Commonwealth from proceeding against
the corporation by any process provided by law.
SEC. 7. That every company incorporated or organized
by or under any law of this Commonwealth, or incorporated
or organized by or under any law of any other State and
doing business in this Commonwealth, which possesses the
corporate right or privilege to mine or to purchase and sell
coal, shall, semi-annually, upon the first days of July and
January in each and every year, make report, under oath or
affirmation, to the auditor-general of the number of tons of
coal mined during the six months preceding the said first day
of July and January by such company, and also of the num-
ber of tons of coal that shall be mined by any incorporated
220
association, partnership, or individual under any lease, con-
tract, grant, or mining privilege, upon the property of which
the company making such report is the owner or lessee or
has any mining or coal privilege or interest therein, and also
of the number of tons not mined as aforesaid which shall
have been purchased during the same period by the said
company, and shall pay into the treasury of the Common-
wealth an additional tax upon its corporate franchises created
by or used within this Commonwealth, at the rate of three
cents upon each and every ton of two thousand two hundred
and forty pounds of coal so mined or purchased as aforesaid :
Provid-edy That the amount of coal consumed in the trans-
action of its business by any such company shall not be
included in its return : And provided further, That said tax
shall not be payable more than once in respect of the same
ton of coal : And provided also, That if any such company
shall neglect or refuse for a period of thirty days after such
tax becomes due to make said return or to pay the same, the
amount thereof, with an addition of ten per centum thereto,
shall be collected for the use of the Commonwealth as other
taxes are recoverable by law from said companies.
SEC. 8. That the taxes imposed by the fourth section of this
act, and the revenues derived therefrom, shall be* assigned to
the sinking fund of this Commonwealth, and all other taxes
imposed by this act, and the revenues derived therefrom, shall
be applicable to the payment of the ordinary and current
expenses of the government.
SEC. 9. That the auditor-general and State treasurer, or
any agent appointed by them or either of them, are hereby
authorized to examine the books and papers of any corpora-
tion, institution, or company, to verify the accuracy of any
return made under the provisions of this or any other act of
assembly.
SEC. 10. That in the settlement by the auditor-general and
State treasurer of all accounts for taxes due the Common-
wealth, they shall charge interest upon the balance or balances
found due the Commonwealth at the rate of twelve per
centum per annum, from the time said balances became due
and payable to the time of the settlement of the same, and all
221
balances due the Commonwealth on accounts settled by the
auditor-general and State treasurer shall bear interest from
sixty days after the date of settlement at the rate of twelve
per centum per annum until the same are paid, and any judg-
ment recovered thereon shall bear interest at the rate of twelve
per centum per annum until paid, and the payment of interest
as aforesaid shall not relieve any corporation from any of the
penalties or commissions prescribed by law for neglect or
refusal to furnish reports to the auditor-general or to pay any
claim due to the Commonwealth from such corporation.
SEC. 1 1. That all laws or parts of laws inconsistent herewith,
and the first, second, third, fourth, seventh, eighth, and ninth
sections of an act entitled "An act to revise, amend, and
consolidate the several laws taxing corporations, brokers, and
bankers," approved -the first day of May, Anno Domini one
thousand eight hundred and sixty-eight, and the fourth section
of an act entitled "An act relating to the revenues of the
Commonwealth," approved the twenty-first day of March,
Anno Domini one thousand eight hundred and seventy-three,
be and the same are hereby repealed; saving, reserving, and
excepting unto the Commonwealth the right to collect any
taxes accrued or accruing under any of said sections or acts
prior to the repeal of the same : Provided, however, The repeal
of the aforesaid first, second, third, fourth, seventh, eighth,
and ninth sections of the act entitled "An act to revise,
amend, and consolidate the several laws taxing corporations,
brokers, and bankers," approved the first day of May, Anno
Domini one thousand eight hundred and sixty-eight, and the
repeal of the aforesaid fourth section of an act entitled "An
act relating to the revenues of the Commonwealth," approved
the twenty-first day of March, Anno Domini one thousand
eight hundred and seventy-three, shall not have the effect of
reimposing any tax heretofore repealed by any of said sections :
Provided further, That on all payments made of taxes accrued
under the aforesaid fourth section of the act approved the
twenty-first day of March, Anno Domini one thousand eight
hundred and seventy-three, entitled "An act relating to the
revenues of the Commonwealth," no interest or penalty shall
be charged, and an abatement of five per centum shall be
222
allowed when such payment shall be made within thirty days
after the date of the approval of this act, and the repeal of the
said fourth section mentioned in this proviso shall take'efTect
as of the first day of January, Anno Domini one thousand
eight hundred and seventy-four, reserving, however, unto
the Commonwealth the right to collect any and all taxes
accruing under said fourth section prior to the date of repeal
as aforesaid.
AN ACT RELATING TO THE TRANSPORTATION OF EX-
PLOSIVE OR DANGEROUS MATERIAL.
Approved 6th May, 1874. (P. L., 1874, Pa£e 121.}
SECTION i. That if any person shall knowingly deliver or
cause to be delivered to any canal, railroad, steamboat, or
other transportation company, or to any person, firm, or corpo-
ration engaged in the business of transportation, any nitro-
glycerine, dualih, dynamite, gunpowder, mining or blasting
powder, gun cotton, phosphorus, or other explosive material
adapted for blasting or for any other purpose for which the
articles before mentioned, or any of them, may be used, under
any false or deceptive invoice or description, or without
informing such person, firm, or corporation in writing, at or
before the time when such delivery is made, of the true nature
of such, and without having the keg, barrel, can, or package
containing the same plainly marked with the name of the
explosive material therein contained, together with the word
" dangerous" article, such person shall be guilty of a mis-
demeanor, and upon conviction thereof shall be sentenced to
imprisonment for thirty days and to pay a fine of one hun-
dred dollars, and shall be responsible for all damages to
persons or property directly or indirectly resulting from the
explosion or combustion of any such article.
SEC. 2. It shall and may be lawful for any officer or agent
of any person, firm, or corporation engaged in the business of
transportation, upon affidavit made of the fact that any pack-
age tendered for transportation, not in compliance with the
provisions of the first section hereof, is believed to contain
explosive material such as aforesaid, to require such package
223
to be opened, and to refuse to receive any such package unless
such requirement be complied with ; and if such package be
opened and found to contain any explosive material, the said
package and its contents shall be forthwith removed to any
lawful place for the storing of gunpowder ; and, after convic-
tion of the offender, or after three months from such removal,
the said package, with its contents, shall be sold at public
sale, after the expiration of ten days from notice of the time
and place of such sale published in one newspaper in the
county where such seizure shall have been made ; and the
proceeds of such sale, after deducting therefrom the expenses
of removal, storage, advertisement, and sale, shall be paid into
the treasury of the said county.
A SUPPLEMENT TO AN ACT FOR THE BETTER PRO-
TECTION OF THE WAGES OF MECHANICS, MINERS,
LABORERS, AND OTHERS, APPROVED THE NINTH DAY
OF APRIL, ANNO DOMINI ONE THOUSAND EIGHT HUN-
DRED AND SEVENTY-TWO.
Approved 8th May, 1874. (p- L~> l874> PaSe I2O>}
SECTION i. That the proviso to the fourth section of an act
entitled " An act for the better protection of the wages of me-
chanics, miners, laborers, and others, approved the ninth day
of April, Anno Domini one thousand eight hundred and
seventy-two," shall not hereafter be so construed as to in any
manner apply to coal-lease mortgage or mortgages, or to
make the same a lien preferred to the lien of the wages of
labor mentioned in said act, but that such claim of wages
shall be a lien preferred thereto.
SEC. 2. That the last proviso of the first section of said act,
which is as follows : — " No such claim shall be a lien upon
any real estate unless the same be filed in the prothonotary's
office of the county in which such real estate is situated,
within three months after the same becomes due and owing,
in the same manner as mechanics' liens are now filed," be and
the same is hereby repealed.
SEC. 3. That all acts or parts of acts inconsistent herewith
are hereby repealed.
224
AN ACT RELATIVE TO SERVICE OF PROCESS UPON
THE STOCKHOLDERS OF CORPORATIONS IN ACTIONS
BROUGHT TO CHARGE THE STOCKHOLDERS FOR DEBTS
OF THE CORPORATION OR FOR UNPAID INSTALLMENTS
UPON THEIR STOCK.
Approved ijth May, 1874. (P. L., 1874, page 146.)
SECTION i. That in all actions or proceedings now or here-
after brought or instituted in any county within this Common-
wealth to charge the stockholders of .any corporation with
any of the debts of such corporation or to enforce payment of
installments due upon stock, service of summons or other
process may be made upon the stockholders resident within
such county in the same manner as writs of summons are
now directed to be served, and upon those residing in other
counties of this Commonwealth by the sheriff of the county in
which they may respectively reside, and upon those non-
residents of this Commonwealth by publication for four
successive publications in a newspaper published within the
county where such action or proceeding is brought or insti-
tuted and also in the State in which such non-residents may
reside, as the court from which such action or proceedings
shall issue may direct, and a copy of such publication shall be
mailed to the post-office address of such non-resident stock-
holders, if such address can be ascertained.
AN ACT TO ENFORCE THE SIXTH SECTION OF THE
SEVENTEENTH ARTICLE OF THE CONSTITUTION OF
THIS COMMONWEALTH, PROVIDING THAT NO PRESI-
DENT, DIRECTOR, AGENT, OR EMPLOYEE OF ANY RAIL-
ROAD OR CANAL COMPANY SHALL BE INTERESTED IN
THE FURNISHING OF MATERIAL OR SUPPLIES TO
SUCH COMPANY OR IN THE BUSINESS OF TRANSPOR-
TATION AS A COMMON CARRIER OF FREIGHT OR PAS-
SENGERS OVER THE WORKS OWNED, LEASED, CON-
TROLLED, OR WORKED BY SUCH COMPANY.
Approved i$th May, 1874. (P. Z,., 1874, page 178.)
SECTION i. That no president, director, officer, agent, or
employee of any railroad or canal company of this Common-
wealth shall hereafter be interested in any contract for the
225
furnishing of materials or supplies to any such railroad or
canal company, and it shall not be lawful for such president,
director, officer, agent, or employee to institute or maintain
any action at law or suit in equity to recover under such con-
tract for his or their interest therein : Provided, however, That
all rights under bona fide contracts made prior to the first day
of January, Anno Domini one thousand eight hundred and
seventy-four, shall not be in anywise thereby affected.
SEC. 2. No president, director, officer, agent, or employee
of any railroad company or canal company of this Common-
wealth shall hereafter be engaged in the business of trans-
portation as a common carrier of freight by any express or
other freight line, or in the transportation of passengers by
any sleeping or parlor car or other line, over the works owned,
leased, controlled, or worked by such company, and any profit
realized by such president, director, officer, agent, or employee
in violation of the provisions of this section shall belong to
and be recoverable by such railroad or canal company : Pro-
vided, Suit therefor shall be commenced within one year after
the discovery of such violation.
SEC. 3. Nothing, however, in this act contained shall prevent
any president, director, officer, agent, or employee from being
a shareholder in any incorporated or joint stock company or
association : Provided, however, That no director interested as
a shareholder as aforesaid shall vote upon any contract for
furnishing material or supplies to be entered into with any
other incorporated or joint stock company or association in
which he is likewise interested as a shareholder, and no con-
tract shall be made by any officers, agent, or employee for
furnishing material or supplies with any incorporated or joint
stock company or association in which such officer, agent, or
employee is likewise interested as a shareholder, unless in
pursuance of an order of the board of directors or of a proper
disinterested superior officer of such railroad or canal com-
pany. Any violation of the provisions of this act shall be
punished by a fine not exceeding five hundred dollars.
SEC. 4. This act to take effect January first, one thousand
eight hundred and seventy-five.
226
AN ACT TO PROVIDE FOR THE ADJUSTMENT, SETTLE-
MENT AND COLLECTION OF COMPENSATION FROM
RAILROAD COMPANIES FOR RAILROADS LOCATED OR
THAT MAY BE LOCATED ON COUNTY BRIDGES, AND TO
EMPOWER COUNTY COMMISSIONERS TO MAKE CON-
TRACTS RELATING THERETO.
Approved isth May, 1874, (P. L., 1874, page 185.}
SECTION I. That any railroad company which has hereto-
fore located or may hereafter locate its railroad upon any
county bridge in this Commonwealth is hereby authorized to
contract and agree with the commissioners of said county for
the use, purchase, removal, replacing, or exchange of such
bridge, or for the compensation proper to be paid to said
county by said company for the use and occupancy of said
bridge or such parts thereof as may be used and occupied by
said railroad company, and for that purpose the said com-
missioners are hereby authorized and empowered to contract
and agree with said company, and empowered to do all such
acts as may be necessary and proper to effectually carry out
such contract; and any such contracts and agreements made
by any county commissioners, and all rights, property, and
privileges granted thereby to any railroad company, are hereby
fully approved, ratified, and confirmed.
SEC. 2. That all moneys due or hereafter becoming due,
and all obligations that have been heretofore or hereafter may
be incurred by said companies, under said agreements and
contracts heretofore made or hereafter to be made, may be
collected and enforced in the same manner as debts of like
amount are now recovered in this Commonwealth.
AN ACT TO AUTHORIZE THE ISSUING OF LETTERS
PATENT TO CERTAIN CORPORATIONS.
Approved i^th May, 1874. (P. L., 1874, pages 186.)
SEC. i. That upon the application of the president and
secretary of any corporation heretofore or hereafter created
under any general or special law of this Commonwealth, ac-
companied by due proof that said corporation has complied
227
with all the conditions provided by law and the Constitution
to enable it to have a corporate existence and transact business,
it shall be lawful for the governor to issue letters patent, under
the great seal of the Commonweaith, in such form as he may
prescribe, to such corporation, declaring it to be and erecting
it into a body corporate or politic in deed and in law.
AN ACT TO AUTHORIZE CORPORATIONS TO INCREASE
THE SECURITY OF THEIR BONDED INDEBTEDNESS.
Approved r^th May, 1874. (•**• £•• *874> page fS6.)
SECTION i. That it shall and may be lawful for any corpora-
tion existing by or under the authority of any law of this
Commonwealth which shall have mortgaged any part of its
estate, corporate property, and, franchises for the security of all
or any portion of its bonded indebtedness, to mortgage its
remaining estate, corporate property, and franchises, or any
part of the same, as a further and additional security for
the same bonded indebtedness : Provided, however, That no
lien then existing upon such remaining estate, property, and
franchises shall be thereby impaired or affected.
AN ACT RELATIVE TO FORFEITURES OF CHARTERS OR
GRANTS OF SPECIAL OR EXCLUSIVE PRIVILEGES TO
RAILROAD, TURNPIKE, AND PLANK ROAD CORPORA-
TIONS.
Approved isth May, 1874. (P. L., 1874, page 188.)
SECTION I. That railroad corporations heretofore chartered
by the legislature subject to the provisions of the general rail-
road act, approved the nineteenth day of February, one thou-
sand eight hundred and forty-nine, and the several supplements
thereto, and all turnpike and plank road companies, duly incor-
porated and under which a bona fide organization has been
made and business commenced in good faith and an expenditure
of at least five thousand dollars has been made for construction,
228
but whose charters or grants of special or exclusive privileges
may have been forfeited or may hereafter be subject to forfeit-
ure by limitation by reason of the limitation of time fixed in
such charters or grants of privileges, such forfeiture or limita-
tion fixed for completion shall be remitted or extended, and
shall be held and taken to be remitted or extended, if such
corporations so organized as aforesaid shall, within one year
from the passage of this act or within one year from the
expiration of the time limited for completion, elect to pros-
ecute to completion the public works which were originally
authorized to be constructed by their charters as aforesaid,
and shall at the time of such election consent, in such a
manner as shall be prescribed by law, to such charters or
grants of special or exclusive privileges, to the provisions of
the Constitution of this Commonwealth : Provided, That all
such public works shall be prosecuted to completion within
five years from the date of the election aforesaid.
SEC. 2. The board of directors of any such corporations
shall, by resolution, elect to prosecute the public works
authorized to be constructed by their charters, and shall
cause the same to be recorded on the minutes of the board,
and a copy of the same, duly certified, shall be attached to
and, with the instrument by which consent is given to subject
such charters to the provisions of the Constitution of the
Commonwealth, be filed and recorded in the office of the
secretary of the Commonwealth.
AN ACT REQUIRING COUNTY COMMISSIONERS, RAILROAD
AND OTHER CORPORATIONS TO MAKE ANNUAL RE-
PORTS TO THE SECRETARY OF INTERNAL AFFAIRS IN
LIEU OF SIMILAR REPORTS HERETOFORE MADE TO
THE AUDITOR-GENERAL.
Approved i$th May, 1874. (P. L., 1874, Pa£e *93-}
SECTION i. That the county commissioners of each county
of the State, including the board of revision of the city o)
Philadelphia, shall, upon the first day of June, one thousand
eight hundred and seventy-four, and upon the same day
229
annually thereafter, make out in tabular form, by assessment
districts, a full statement of all property taxable for county
purposes, showing the real and personal in separate columns,
the amount of tax assessed for county purposes, and also the
debt of said county ; the same to be enclosed by mail to the
secretary of internal affairs at Harrisburg; and in case of refusal
or neglect to make such returns, the same may be enforced by
mandamus.
SEC. 2. The secretary of internal affairs, in lieu of the
auditor-general, shall, after the first day of July, one thousand
eight hundred and seventy-five, transmit to the railroad and
other corporations named in the act of fourth of April, one
thousand eight hundred and fifty-nine, and also in the act of
ninth April, one thousand eight hundred and seventy, the
blanks required, and upon the reception of such returns he
shall arrange the same for publication ; and in case of neglect
or refusal to make such returns each of such corporations thus
refusing shall be subject to the penalties in said acts.
SEC. 3. That hereafter the secretary of internal affairs, in
lieu of the auditor-general, shall send out the blanks required
by the act of May ninth, one thousand eight hundred and
seventy-one, entitled " An act for the collection of mineral
statistics," and said secretary shall do and perform all the
duties enjoined in said act in regard to the collecting, com-
piling, and publishing a report of the same number of copies
ordered to be published by the auditor-general.
SEC. 4. Until the secretary of internal affairs shall be duly
qualified, the returns required by the provisions of the first
and third sections of this act shall be made to and the duties
thereby imposed performed by the chief of the bureau of
statistics.
AN ACT TO FACILITATE THE TRANSFER OF STOCKS
AND LOANS.
Approved 2jcf May, 1874. (P. L., 1874, page 222.)
SECTION i. That all certificates of stocks and loans which
have been or may hereafter be issued by this Commonwealth
230
or by any municipal or other corporation shall be transferable
by the legal owner thereof, without any liability on the part of
the transfer agents of the Commonwealth or the municipal or
other corporation permitting such transfers to recognize or see
to the execution of any trust, whether expressed, implied, or
constructive, to which such stocks or loans may be subject,
unless when such transfer agents of the Commonwealth or
officers of such municipal or other corporation charged with
the duty of permitting such transfer to be made shall have
previously received actual notice in writing, signed by or on
behalf of the person or persons for whom such stocks or loans
appear by the certificate thereof to be held in trust, that the
proposed transfer would be a violation of such trust.
AN ACT TO ENABLE RAILROADS, CANALS, OR OTHER
TRANSPORTATION COMPANIES TO ACCEPT OF THE
TERMS OF THE SEVENTEENTH ARTICLE OF THE
CONSTITUTION, ADOPTED THE SIXTEENTH DAY OF
DECEMBER, ANNO DOMINI ONE THOUSAND EIGHT
HUNDRED AND SEVENTY-THREE.
Approved $th June, 1874. (P. L., 1874, page 275.)
SECTION I. That it shall be the duty of the board of
directors of any railroad, canal, or other transportation com-
pany in existence on the first day of January, one thousand
eight hundred and seventy-four, desiring to accept of the
provisions of the seventeenth article of the Constitution of the
State, adopted on the sixteenth day of December, one thou-
sand eight hundred and seventy-three, to file in the office of
the secretary of the Commonwealth a certificate in writing,
signed by the president and secretary and attested by the
corporate seal of the company, stating that at a regular or
special meeting of said board of directors a resolution, in
pursuance of the consent of the stockholders, was adopted,
accepting of all the provisions of said article, and all the powers
and privileges and limitations and restrictions mentioned there-
in shall be deemed and taken for all purposes to apply to said
231
corporation. The said certificate shall be recorded in the
office of the secretary of the Commonwealth in a suitable
book to be by him kept for that purpose.
SEC. 2. No such certificate shall be made by the officers
aforesaid without the consent of the stockholders of the
corporation, to be obtained by an election to be held in the
same manner as prescribed by law for increasing the capital
stock of a corporation.
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT TO
AUTHORIZE THE FORMATION AND REGULATION OF
RAILROAD CORPORATIONS."
Approved 8th June, 1874. (P. L., 1874, page 277-}
SECTION I. That from and after the passage of this act
articles of association, authorized by an act entitled "An act
to authorize the formation and regulation of railroad corpora-
tions," approved April fourth, Anno Domini one thousand
eight hundred and sixty-eight, may be filed and recorded
in the office of the secretary of the Commonwealth when five
thousand dollars of stock for every mile of railroad proposed
to be made is subscribed and ten per centum paid thereon in
good faith, in cash, to the director named in said articles
of association.
SEC. 2. Section fifth of the act to which this is a supplement
is hereby amended so as to allow each company organized
under said act one year to complete their road for each
twenty-five miles more than the fifty miles required to be
finished within two years, as provided in said section.
SEC. 3. On filing of the articles of association provided in
this act aforesaid and the act to which this is a supplement,
the governor shall issue his letters patent creating the associa-
tion aforesaid a body corporate, with power to use and enjoy
all the powers and privileges conferred by the act aforesaid
and the several supplements thereto.
SEC. 4. All acts and parts of acts inconsistent herewith are
hereby repealed.
232
AN ACT TO AUTHORIZE THE COUNTIES, CITIES, TOWNS,
OR TOWNSHIPS OF THIS STATE, RESPECTIVELY, TO
ENTER INTO CONTRACTS WITH RAILROAD COMPANIES
WHOSE ROADS ENTER THEIR LIMITS, WHEREBY SAID
COMPANIES MAY RELOCATE, CHANGE, OR ELEVATE
THEIR RAILROADS.
Approved yth Junet 1874. (P. L., 1874, page 282.)
SECTION i. That the proper authorities of any county, city,
town, or township of this State, respectively, be and they are
hereby authorized and empowered to enter into contracts
with any of the railroad companies whose roads enter their
limits respectively, whereby the said railroad companies may
relocate, change, or elevate their railroads within said limits,
or either of them, in such manner as in the judgment of such
authorities respectively may be best adapted to secure the
safety of lives and property and promote the interest of said
county, city, town, or township, and for that purpose the said
authorities shall have power to do all such acts as may be
necessary and proper to effectually carry out such contracts ;
and any such contracts made by any railroad company or
companies as aforesaid with said authorities, or either of
them, are hereby fully ratified and confirmed : Provided, That
nothing in this proviso contained shall affect any contract
made or hereafter to be made with any railroad company
from apportioning the expenses of altering and adjusting the
grades of existing railroads and intersecting streets in any city
or borough so as to dispense with grade crossings.
AN ACT FOR FURTHER REGULATION OF APPEALS FROM
ASSESSMENTS OF DAMAGES TO OWNERS OF PROPERTY
TAKEN FOR PUBLIC USE.
Approved ijth June, 1874. (P. L., 1874, page 283.)
SECTION i. That in all cases of damages assessed against
any municipal or other corporation or individual or indi-
viduals invested with the privilege of taking private property
for public use, for property taken, injured, or destroyed by
the construction or enlargement of their works, highways, or
233
improvements, whether such assessment shall have been made
by viewers or otherwise than upon a trial in court, and an
appeal is not provided for or regulated by existing laws, an
appeal may be taken by either party to the court of common
pleas of the proper county within thirty days from the ascer-
tainment of the damages or the filing a report thereof in
court pursuant to any general or special act, and not after-
wards.
SEC. 2. Any appeal taken pursuant to this act shall be
signed by the party or parties taking the same or by his or
their agent or attorney, and shall be accompanied by an affi-
davit of the party appellant or of his or their agent or
attorney, that the same is not taken for the purpose of delay,
but because the affiant firmly believes that injustice has been
done.
SEC. 3. That any party entitled to an appeal under the
eighth section of the sixteenth article of the Constitution, or
who would be entitled to an appeal in any future case under
this act under the same circumstances, shall have the right to
to take an appeal from any assessment of damages, or reassess-
ment or ascertainment thereof as aforesaid, made or filed on
or after the first day of January of the present year and before
the passage of this act ; but such appeal shall be taken within
thirty days after the passage of this act, and in conformity
with the second section thereof.
AN ACT REQUIRING EVERY RAILROAD OR CANAL COR-
PORATION ORGANIZED IN THIS STATE TO MAINTAIN
AN OFFICE THEREIN FOR THE TRANSACTION OF ITS
BUSINESS.
Approved 1 4th June, 1874. (P. L., 1874, page 289.)
SECTION i. That every railroad or canal corporation organ-
ized in this State shall maintain an office therein for the
transaction of its business, where transfers of its stock shall
be made and books kept for the inspection by any stock
or bondholder or any other person having any pecuniary
interest in such corporation, in which shall be recorded the
234
amount of capital stock subscribed or paid in and by whom,
the names of the owners of its stock and the amounts owned
by them respectively, the transfers of said stock, and the
names and places of residence of its officers.
AN ACT TO CARRY INTO EFFECT SECTION EIGHT OF
ARTICLE SEVENTEEN OF THE CONSTITUTION, IN RE-
LATION TO GRANTING FREE PASSES OR PASSES AT
A DISCOUNT BY RAILROAD OR OTHER TRANSPORTA-
TION COMPANIES.
Approved 1 4th June, 1874. (^ L., 1874, page 2^9-)
SECTION I . That no railroad, railway, or other transportation
company having accepted the provisions of the seventeenth
article of the Constitution, or hereafter organized, shall grant
free passes or passes at a discount to any person, except to an
officer or employee of the company issuing the same, and any
person signing or issuing any such free passes or passes at a
discount, except to officers or employees as aforesaid, shall be
subject to pay a fine to the Commonwealth not exceeding one
hundred dollars : Provided, That nothing herein contained
shall be held to prevent the use of passes granted previous to
the adoption of the present Constitution, the limited time
whereof has not expired, nor to prevent the use of passes
granted for a valuable consideration under contracts made
between corporations and individuals or between one cor-
poration and another.
AN ACT TO EXTEND THE TIME FOR THE COMPLETION
OF RAILROADS AUTHORIZED TO BE CONSTRUCTED
BY RAILROAD OR RAILWAY CORPORATIONS OF THIS
COMMONWEALTH UNDER ANY GENERAL LAW.
Approved i-jth March, 1875. (P. L., 1875, page 7.)
SECTION i. Be it enacted, £c.t That the time for completing
all railroads in this Commonwealth, commenced by railroad
235
or railway companies incorporated under or in pursuance of
any general law of this Commonwealth, be and the same is
hereby extended for the further period of five years from and
after the time limited for the completion of the same by any
general law under and by virtue of which any such corpora-
tion may have been incorporated : Provided, Any railroad or
railway company enjoying the benefits and privileges of this
act shall hereafter hold its charter subject to the provisions of
the Constitution of this Commonwealth.
A SUPPLEMENT TO AN ACT TO AUTHORIZE THE FORMA-
TION AND REGULATION OF RAILROAD CORPORATIONS,
APPROVED APRIL FOUR, ANNO DOMINI ONE THOUSAND
EIGHT HUNDRED AND SIXTY-EIGHT.
Approved i8th March, 1875. (P. L., 1875, page 28.)
SECTION i. Be it enacted, £c., That whenever, under the
the provisions of the act approved the fourth day of April,
Anno Domini one thousand eight hundred and sixty-eight,
entitled "An act to authorize the formation and regulation of
railroad companies," any number of citizens of Pennsylvania,
not less than nine, may be desirous of forming a company for
the purpose of constructing, maintaining, and operating a
railroad, having a gauge not exceeding three feet, for public
use in the conveyance of persons and property, they may
state in the articles of association which they are required to
make and sign the capital stock of the company at six thou-
sand dollars, or any greater amount, for every mile of road
proposed to be constructed; and that said articles of associa-
tion may be filed and recorded in the office of the secretary
of the Commonwealth when three thousand dollars of stock
for every mile of railroad proposed to be made is subscribed,
and ten per centum paid thereon in good faith and in cash to
the directors named in said articles of association.
236
A SUPPLEMENT TO AN ACT ENTITLED "AN ACT RELA-
TIVE TO FORFEITURE OF CHARTERS OR GRANTS OF
SPECIAL OR EXCLUSIVE PRIVILEGES TO RAILROAD,
TURNPIKE, AND PLANK ROAD CORPORATIONS," AP-
PROVED MAY FIFTEENTH, ONE THOUSAND EIGHT
HUNDRED AND SEVENTY-FOUR, PRESCRIBING THE
MANNER IN WHICH SAID CORPORATIONS SHALL CON-
SENT TO HOLD THEIR CHARTERS SUBJECT TO THE
PROVISIONS OF THE CONSTITUTION ADOPTED DECEM-
BER SIXTEENTH, ONE THOUSAND EIGHT HUNDRED
AND SEVENTY-THREE.
Approved ^oth March, 1875. (P. L., 1875, page 37.}
SECTION i. Be it enacted, $c.y That the stockholders of any
railroad corporation, turnpike, or plank road company men-
tioned in the act of assembly entitled "An act relative to
forfeitures of charters or grants of special or exclusive privi-
leges to railroad, turnpike, and plank road corporations,"
approved May fifteenth, one thousand eight hundred and
seventy-four, shall, in order to obtain the benefit of said act
of assembly, consent, at a special meeting to be called in
accordance with its charter and by-laws, to accept the Con-
stitution of the State adopted December sixteenth, one
thousand eight hundred and seventy-three, and to thereafter
hold its charter subject to all the provisions thereof, and shall
cause an instrument in writing, under the seal of the company,
and signed by the president and secretary, testifying to its
consent as aforesaid, to be filed and recorded in the office of
the secretary of the Commonwealth.
SEC. 2. The action of the stockholders of any railroad
company under this act shall be taken to be of the same force
and effect, for the purpose of also accepting the terms of the
seventeenth article of the said Constitution, as the action of
the directors of such company prescribed in the act of
assembly entitled "An act to enable railroads, canals, or other
transportation companies to accept the terms of the seven-
teenth article of the Constitution adopted the sixteenth day
of December, Anno Domini one thousand eight hundred
and seventy-three," approved June fifth, one thousand eight
hundred and seventy-four.
INDEX.
PAGE
ABANDONMENT.— Petitioners for lateral railroad may abandon, after report of viewers
or after verdict of jury, on payment of costs 5
petitioners for lateral railroad may abandon before ground broken and within two years
of confirmation of right of way, on payment of costs 167
roads decayed, out of repair, and unused for more than five years shall be deemed to
be abandoned 183
ACCEPTANCE of provisions of act 4th April, 1868, defining liabilities of common carriers
for injury and death 146
of provisions of act i-jth March, 1869, authorizing increase in number of directors, &c... 165
of provisions of act agth December, 1869, authorizing increase of bonded debt and stock.. 174
of provisions of Constitution of 1874 on remission of forfeiture of charters 227
of provisions of Constitution of 1874, act to enable companies to accept seventeenth
article 230
of provisions of Constitution of 1874 to extend time for completion five years 234
of provisions of Constitution of 1874 to obtain benefit of act May isth, 1874, to remit
forfeiture 236
ACCOUNTS. — In settlement of accounts, auditor-general to charge interest on balances
and interest on settlements 162
auditor-general, treasurer, and attorney -general to revise settlements erroneously or
illegally made, and to charge or credit the differences 167
to be made and stock valued by auditor-general when not made and valued by corpora-
tions 217, 220
ACKNOWLEDGMENT of deeds, mortgages,
rations and informally executed, validated
and other instruments, by officers of corpo-
ACKNOWLEDGMENTS.— Provision of act 226 April, 1863, extended to all deeds, mort-
gages, and instruments informally executed by corporations since passage 171
ACTIONS for penalties under lateral railroad act of 1832 to be brought within twelve
months 9
for damages under act 22d March, 1817, when process served on toll-gatherer, notice
must be given the company defendant 10
pending or thereafter brought may be removed to adjacent county through which rail-
road is not located 10
for damages — service may be made on president or other principal officer, cashier, treas- .
urer, secretary, or chief clerk; if officers not found in county where injury committed,
summons may be served on any officer or agent, at any office or place of business
within the county, and if no such office or place of business, then in any county 13
removed to adjacent county — costs shall be paid by the county in which suit originated™ 15
brought on contracts and removed under act i4th April, 1834, to be returned to court
where they originated ao
brought in county where property of company situate, may be served on manager or
director, if president, treasurer, &c. not in county ax
to determine whether any landing sufficient to accommodate the trade of lateral railroad
besides the trade of owner 23
against defaulting officers for not paying over moneys, and against their sureties 27
against defaulting officers — declaration to be filed with prcecipe and judgment by pro-
thonotary, &c 28
by attachment and scire facias and levy, to secure stock deposits and debts, extended to
corporations 25
by contractors, laborers, and workmen vs. railroad companies— arbitrators may require
production of books and papers 29
(237)
238
PAGE
ACTIONS may be brought in any county where works of company located, when principal
office, president, &c. are located out of the State 35
under general law of 1849, process may be served on president, secretary, treasurer,
engineer, or any agent or director 48
under act 27th March, 1713, not to be brought against corporations suspended, made
assignment, or ceased operations 65
against corporations having an agency in any county — writ may be served on president,
cashier, agent, clerk, directors, or agent of such company within such county 68
for penalty for obstructing crossings — process may be served on any agent or employee.. 68
for injuries resulting in death, may be brought or prosecuted by widow or personal repre-
sentatives of deceased 70
of ejectment may be brought in county where land lies, and writ served on person
having charge of land 73
attachment shall not bind carrier when goods are in transitu and beyond limits of Com-
monwealth , 78-
for damages for injuries resulting in death — persons to recover shall be husband, widow,
children, or parents of deceased ; action must be brought within one year 79
in county in which property of corporation is situate ; if president, treasurer, secretary,
or chief clerk not found in such county, sheriff may serve writ on manager or director
in county; if no manager or director, then sheriff may go into any county and serve... 85
for damages under act 26th April, 1855, may be brought within year of cases accruing
after passage of that act 87
under act i4th April, 1834, shall extend to assessment of damages as well as any other
cause 96
by Commonwealth, under fourth section act 2ist April, 1846, construed to require affidavit
of defense 104
against non-resident corporations, may be brought in any county where business trans-
acted or works or property located, and service of writ made by publication 105
to compel payment of subscriptions to stock after charter revoked — no judgment or
decree to be entered against defendant 109.
for damages for right of way under general law of 1849, to be brought within five years
after land entered on or within three years after road in operation 134
to recover interest on bonds the validity of which has been established — defendant to pay
counsel fees 134
of debt for recovery of $500 for excluding persons from cars on account of color or race... 136
against stockholders or directors for money or neglect of duty, to be brought within six
years of delivery of goods or neglect 137
under act i7th April, 1866, for damages for right of way — act not to apply to actions
pending at passage 139
on bonds in which counsel fees are to be paid — Allegheny county exempted 142
for damages for injury to persons rightfully on road or cars to be same as for employee... 145
for damages for injury or loss of life to be only for pecuniary compensation — $5000 death,
$3000 injury 145
or proceedings for assessment of damages for right of way shall be held in county where
real estate is situate, and laws passed for removal of such proceedings to other counties
repealed as to Northumberland county 154
to inquire into neglect or refusal of corporation to comply with terms of incorporation,
and forfeiture of privileges 176
in lieu of sequestration under act i6th June, 1836, fieri facias may issue and franchises
and property be sold 177
to be commenced by attorney-general against corporations constructing railroad or tele-
graph lines without authority 180
or suits, real or personal, by or against any corporation, may be removed to any adjoin-
ing county on affidavit made 181.
or proceedings to procure right to construct lateral railroad or acquire wharves and
landings — appeal shall extend to question of damages and to necessity of such road,
wharf, or landing 182
meaning of act 3d May, 1866, for payment of counsel fees, declared to be that such fees
shall only be paid where validity of bonds has been tested and established 183
in which it is alleged private rights or franchises of corporation are invaded — duty of
court to inquire whether such corporation does in fact possess such franchise 190
239
PAGE
ACTIONS relating to crossing of lines by other railroads — duty of court to decree which
mode of crossing will inflict the least injury, and prevent crossing at grade 190
removed under act 28th April, 1870 — costs of trial shall be paid by the county from
which suit was removed 190
removal of, under act 28th April, 1870 — Lancaster, Venango, and Berks counties exempt
from provisions 192
against stockholders for installments due on stock — service of process provided for 224
ADMINISTRATORS, executors, &c. holding Allegheny county bonds issued for subscrip-
tion to railroad stock, may exchange same for such stock 94
executors, &c. under foreign authority to be allowed to transfer stock, &c., and receive
dividends, &c., upon filing copy or certificate of will or other authority 193
AGENT or employee neglecting to cancel and return tickets or coupons, who shall steal or
embezzle or fraudulently stamp, print, sign, or sell or put in circulation any such
coupon or ticket, fine not over $1000 and imprisonment not over five years 97
or conductor excluding persons from cars, or occupy any particular part of car, on
account of color or race, liable to fine and imprisonment 136
AGENTS obstructing public street or road crossings^ by engines or cars, subject to penalty
of $25 26
authorized to sell tickets, to be provided with a certificate of their authority to sell — not
lawful otherwise in
of foreign corporations to be appointed and business office located in State 215
not to be interested in contracts to furnish company with materials or supplies 224
not to be interested in transportation by any line or cars over railroad 224
AGREEMENT of consolidation to be made and filed, under act 24th March, 1865 123
AID TO RAILROADS. — Any incorporated company may aid in the construction of lateral
railroads from their line, in labor, money, or materials 101
railroad companies may aid companies to develop coal, iron, lumber, or other material
interests, by purchase of capital stock and bonds 170
ALIENS. — Citizens holding real estate the titles to which have been held by alien or foreign
corporations, may hold and convey the same 94
provisions of act gth January, 1861, extended to all sales and conveyances made prior to
passage of this act 173
ALLEGHENY COUNTY.— Provisions of lateral railroad law and supplement extended
to Allegheny and other counties, and to roads under or over surface of land 36
proprietors of lateral railroads in Allegheny county authorized to charge same tolls as
charged by railroads throughout Commonwealth, in addition to the tolls now em-
powered to receive 69
Cleveland and Pittsburg Railroad Company authorized to sell any bonds held in pay-
ment for subscriptions to its stock by counties of Beaver and Allegheny 77
provisions of act 2d March, 1855, extended to all railroad companies to capital stock of
which Allegheny county subscribed 77
commissioners of Allegheny county authorized to exchange bonds of county issued for
railroad stock for an equal amount of such stock 89
executors, administrators, &c. holding Allegheny county bonds issued for subscription
to railroad stock, may exchange same for such stock 94
exempted from provisions of act 3d May, 1866, compelling corporations to pay plaintiff's
counsel fees In certain cases 142
AMERICAN STEAMSHIP COMPANY.— Private corporations to subscribe for or pur-
chase capital stock and bonds of American Steamship Company of Philadelphia 182
APPEAL from report of viewers to common pleas in lateral railroad cases 5
so much of act of 1832 (lateral roads) as prohibits appeal and writ of error repealed 20
bail absolute for costs in appeals from judgment of aldermen, justices, and award of
arbitrators 25
act 2oth March, 1845, to extend to all appeals from awards of arbitrators 65
may be made within thirty days in all cases of report of viewers under act of igth
February, 1849 81
either party may appeal from report of viewers under act igih February, 1849, section n, 84
defendant may appeal from judgment or award for wages due, on affidavit that appeal
is not for delay, &c 108
240
FAGR
APPEAL from report of viewers in lateral railroad cases shall extend to necessity for rail-
road, wharf, or landing , 182
from settlement of accounts by auditor-general and State treasurer 217
from assessment of damages by viewers regulated, in cases not already provided for 232
ARBITRATION. — Arbitrators in suits between contractors, laborers, and workmen and
incorporated company to make railroads, &c., may require production of books and
papers 29
ARRESTS.— Thieves, pickpockets, and burglars found at any railroad depot, &c. in Erie,
Corry, Meadville, or Titusville, may be arrested, &c 130
vagrants loitering in or around any railroad depot, &c. in Erie, Crawford, Venango,
and Warren counties, to be arrested and subject to vagrant laws 131
persons trespassing or found upon cars, in Berks county, without payment of fare, to be
arrested and fined or committed for non-payment 191
act of February 2ist, 1872, relative to trespassing on cars in Berks county, extended to
York, Huntingdon, Union, Philadelphia, Westmoreland, Perry, Bucks, Montour,
Schuylkill, Delaware 198, 207
ARSON. — Any person setting fire to any wooden bridge liable to punishment for arson,
and forfeit not over $2000 12
any person setting fire to engine-house, bridge, trestle-work, &c. shall pay the damages
caused and be imprisoned 16
ASSIGNMENTS. — Corporations may not execute any general or partial assignment, &c.,
so as to defeat debts, &c. of contractors, laborers, and workmen 22
provisions of act 2jth March, 1713, not to extend to any suit against corporation which
has made assignment for benefit of creditors '. 65
in all assignments on account of inability to pay debts, the wages of miners, mechanics,
and laborers shall be first paid 75
when any company divest themselves, by assignment or otherwise, contractor, laborer,
and workman having judgment may issue scire facias, &c 103
in all assignments on account of inability to pay debts, the wages and salaries of persons
employed shall be paid first 106
wages of laborers and others protected and a lien on property assigned, sold, or levied on, 195
ASSOCIATION. — Articles of association to be made, executed, &c. under general railroad
law of 1868, and filed in office of secretary of State 147
under act 28th April, 1871 — lateral railroad by three persons — five miles 184
articles under act 4th April, 1868, for narrow gauge railroads 235
ATTACHMENT. — So much of act i6th June, 1836, as provides for levy and recovery of
stock, &c. by attachment, extended to all attachments against corporations 25
property in the*State, of a company located out of the State, shall be liable to levy and
sale, as if located in the State 35
no company transporting goods shall be liable in attachment while goods are in transitu
and beyond the Commonwealth 78
ATTORNEY-GENERAL to institute proceedings to ascertain neglect of companies to
comply with terms of incorporation, and proceed to forfeiture 176
to institute proceedings against companies having constructed unauthorized lines 180
AUDITOR-GENERAL. — Transportation companies to make returns to auditor-general of
number of tons carried, &c. (Supplied but not repealed.) 117
companies not to go into operation until name, date, place of business, capital paid in,
&c. registered in auditor-general's office 154, 216
companies to make return to auditor-general of capital paid in and dividends declared,
and when no dividend, value of stock *55» 217
companies not liable to tonnage tax to make report of net earnings or income received
from all sources 158
companies transporting freight to return to auditor-general the number of tons of freight
carried over, through, or upon their works 158
companies liable to tax on tonnage to make return of the amount of gross receipts from
all sources •. 159
companies having the right to mine, purchase, and sell anthracite coal, to make
return of coal mined and coal purchased 159
companies paying interest to bondholders or other creditors to make report of the
entire amount of such interest paid 161
241
PAGB
AUDITOR-GENERAL to charge interest on balances due, at twelve per cent, per annum,
from time tax due, and interest from sixty days after settlement of account, at twelve
percent, per annum 162
and treasurer to appoint agent to examine books and papers to verify returns i6a
treasurer, and attorney-general to revise settlements erroneously or illegally made, and
to charge or credit the differences 167
to make out blank form of annual reports and mail them to companies, who are required
to report on said blanks 178
companies to report to auditor-general quantity of coal and coke and other mineral
products received and transported 186
companies to report to auditor-general amount of indebtedness and interest paid 201
companies having the right to mine, purchase, and sell coal, to make return of coal
mined and purchased 219
and State treasurer to appoint agent to examine books and papers to verify returns 220
BAGGAGE. — Passengers entitled to have carried one hundred pounds weight and $300 value ;
companies not to be liable for baggage not placed in baggage car 138
baggage masters and others injuring or destroying baggage, guilty of misdemeanor, and
liable to fine not over $100 174
BAIL, in appeals from judgments of justices of peace and from awards of arbitrators, shall
be absolute for all costs 25
in appeals from judgments of justices of peace and from awards of arbitrators, shall be
absolute for debt, interest, and costs 35
BEAVER COUNTY.— Bonds of Beaver county held by Cleveland and Pittsburg Railroad
Company may be sold below par, rate to be fixed by commissioners of county 77
BEDFORD COUNTY.— Provisions of lateral railroad law and supplement extended to
Bedford and other counties, and roads under or over surface 36
in cases of assignments on account of inability to pay debts, wages and salaries of em-
ployees to be paid first, before other creditors 108
BERKS COUNTY.— Act 22d March, 1871, for determination of rights when highway
abandoned, not to extend to Berks county 183
trespassing on cars in Berks county and riding without payment of fare, penalty of $5
and arrest 191
Berks and other counties exempt from act 28th April, 1870, relating to change of venue.. 192
BLAIR COUNTY.— Provisions of lateral railroad law and supplement extended to Blair and
other counties, and roads under or over surface 36
in cases of assignments on account of inability to pay debts, wages and salaries of em-
ployees to be paid before other debts 108
BLANKS. — Auditor-general to prepare and forward blanks to be used by corporations in
making returns 178
secretary of internal affairs to forward blanks to be used by corporations in making
returns 229
BOARD OF REVISION of Philadelphia to report to auditor-general taxable property and
county debt... ••••••.•«••••• 228
BONDS. — When money borrowed and bond given for a greater amount than received not
usury 21
bonds and certificates of loan of railroad companies and of Philadelphia and districts
to be subject to taxation for State purposes only 75
bonds of Allegheny county held by Cleveland and Pittsburg Railroad Company may be
sold below par, rate to be fixed by commissioners of county 77
act 2d March, 1855, extended to all railroad companies to capital stock of which
Allegheny county subscribed 77
242
p/
BONDS. — Where companies have issued or may issue and dispose of bonds for less than
par, not to be deemed usury ,
commissioners of Allegheny county to exchange stock of railroad companies for bonds
of the county issued for stock
bond to be filed with petition for appointment of viewers to assess damages for right of
way
executors and others may exchange bonds of Allegheny county for stock of railroad
companies for which bonds were issued..
any railroad company may purchase and hold stock and bonds of any other railroad
company in the State
bonds may be issued and mortgage given to secure same on any branch, lateral, or
diverging railroad
bonds may be issued and mortgage given to secure same for payment of debts of
consolidated roads
corporations to pay plaintiff's counsel fees in cases where validity of bonds contested
and established
Allegheny county exempted from provision of act sd May, 1866, for payment of plaintiff 's
counsel fees
may be issued for borrowed money and mortgage given to secure same, under general
railroad law of 4th April, 1868
and stock of any railroad company of this or any other State may be purchased and held
by companies of this State
and stock of coal, iron, and lumber companies may be purchased or guaranteed by any rail-
road or canal company
act of loth April, 1867, authorizing sale of corporate property on a bond same as on
mortgage, repealed
bonded debt and capital stock may be increased by any corporation fifty per cent
any two or more railroad companies may jointly endorse or guarantee bonds of any other
railroad company
any canal or navigation company may purchase and hold stock and bonds of any rail-
road company
private corporations may subscribe for and purchase stock and bonds of American
Steamship Company
act 3d May, 1866, for payment of counsel fees, to mean only cases where validity of bonds
contested and established
companies in Susquehanna, Wyoming, Wayne, and Luzerne counties may purchase and
hold stock and bonds of any other railroad company
executor, &c. holding stock and bonds of any company authorized to consolidate may
exchange them for stock and bonds of consolidated company
and obligations of any railroad corporation may be secured by mortgage upon property,
rights, and franchises
interest on bonds and evidences of debt subject to State tax of five per cent
may be registered in name of holder and transferable only on company's books
may be further secured by mortgage on remaining estate, property, and franchises
BONUS OR TAX to be paid to State — one-fourth of one per cent, on stock increased
BOOKS AND PAPERS may be examined by auditor-general and State treasurer or an
agent, to verify returns made 162,
BRADFORD COUNTY.— Act 28th March, 1868, for protection of farmers and owners of
cattle, &c., and supplement extended to Bradford and other counties
act 22d March, 1871, for determination of rights when highway abandoned, not to extend
to Bradford county
BRANCHES may be constructed from main line by companies, under general railroad law
of 4th April, 1868
BREACH OF PEACE. — Conductors may arrest persons committing breach of peace on
cars passing through Erie, Crawford, Warren, and Venango counties
BRIDGES to be constructed by proprietors of lateral railroads to enable all persons to pass
over railroads at public roads
to be constructed by proprietors of lateral railroads to enable occupants of land to pass
over railroads on their lands
243
PAGE
BRIDGES. — Persons setting fire to wooden bridges to be punished for arson, and forfeit not
more than #2000 Ia
not required to be erected for accommodation^ owner or occupant of land when public
road runs through such land 48
act regulating turnpike and plank-road companies and bridge laws introduced in connec-
tion with act sth April, 1849 $i
provisions of laws relating to bridges over rivers, &c. extended to bridges erected over
railroads and canals — bridges not to obstruct 78
bridges used by connecting roads shall be paid for (use of) at rate of one-half the interest
on cost of bridge 128
BUCKS COUNTY.— Act February 2ist, 1872, to prevent trespassing upon cars in Berks
county, extended to Bucks 198
BURGLARS found at any railroad depot, &c. in Erie, Corry, Meadville, or Titusville, to be
arrested and committed to jail 130
policemen to be appointed in Erie, Crawford, Warren, and Venango counties, to protect
citizens and strangers from burglars, &c 131
BY-LAWS, under general railroad law of 1849 4°
may be made by companies, under general railroad law of 4th April, 1868 148
CAMBRIA COUNTY.— Provisions of lateral railroad law of 1832 extended to Cambria
and other counties 19
provisions of lateral railroad law of 1832 repealed as to Cambria county 29
CANADA THISTLES and noxious weeds to be cut down by railroad companies in the
county of Erie 81
every person and corporation holding lands to cut down Canada thistles, to prevent
their going to seed — penalty $15 102
CANAL COMPANIES may construct and operate lateral railroads and branches from
points on their lines to mines, quarries, &c 176
CAPITAL STOCK. — The mode of making subscriptions to stock, under general railroad law
of 1849 38
at all general meetings and elections by stockholders, each share of stock entitled to one
vote (general law of 1849) 42
certificates of stock to be delivered to each person entitled, and may be transferred in a
book at office of company (general law 1849) 43
provisions as to calling for payments for stock and forfeiture of stock if not paid when
called (general law 1849) 44
any railroad company in this State may purchase and hold stock and bonds of any other
company 97
when any merger or consolidation takes effect, company into which merger takes place
to have right to increase capital stock, &c 116
companies authorized to issue such additional shares as may be necessary to construct
and fully equip their railroad *23
of companies consolidated may be merged and converted into stock of new company —
see terms and proceedings. I23
each share of stock held in any railroad company shall entitle the holder to one vote ia8
when any railroad sold by decree of court, any connecting company may purchase and
issue their own stock for same I29
when company authorized to increase stock, president and directors to determine how
and by whom subscribed, installments, &c X38
shares held by any stockholder in any company liable to pay tax on same shall not be
liable to tax in hands of holder X39
subscription, issue, and increase of stock under act 4th April, 1868, regulated 147, 149
244
p,
CAPITAL STOCK. — Capital paid in, name of corporation, place of business, to be reported
to auditor-general before going into operation
capital paid in, date, amount, and rate of all dividends declared, to be reported to
auditor-general; when no dividend, stock to be valued
capital stock to pay a State tax of one-half mill for each one per cent, of dividend
declared; when no dividend, three mills on value
except railroad, &c., shall pay a bonus of one-quarter of one per cent, on amount of
capital authorized
companies chartered in this State may purchase and hold (or guarantee) the stock and
bonds of any other railroad company
companies may aid to develop iron, coal, and other interests, by purchase of capital stock
and bonds, &c
companies authorized to increase bonded obligations and capital stock fifty per cent,
over amounts heretofore authorized
canal companies may purchase and hold stock and bonds, and lease the road, or become
merged with railroad companies
private corporations authorized to subscribe to or purchase capital stock and bonds of
American Steamship Company
companies in Susquehanna, Wyoming, Wayne, and Luzerne may purchase and hold
stock and bonds, and lease or become merged and consolidated with other companies...
married women may sell and transfer any stock owned by them the same as if unmarried,
companies, with consent of stockholders, may issue preferred stock not exceeding one-
half the capital stock of the corporation ,
held by executor, &c., acting under authority of other states or kingdoms, &c., may be
transferred, when copy of will or other authority filed in register's office ;
held by executor, &c. in consolidated companies, may be exchanged for new stock of
the consolidated company
preferred, issued underact April 3d, 1872, may be in classes, &c.
may be sold and transferred by married women as if unmarried.,
manner of increasing capital stock provided
capital paid in, name of corporation, and place of business to be reported to auditor-
general before going into operation :
capital paid in, date, amount, and rate of all dividends declared, to be reported to
auditor-general; when no dividend, stock to be valued :
capital stock to pay a State tax of nine-tenths of one mill for each one per cent, of
dividend declared; when no dividend, six mills on value
service of process to enforce payment of installments due
may be transferred without liability on part of company to see to execution of trust :
CARBON COUNTY.— Whenever any highway, &c. of any company not used for five
years, to be deemed to be abandoned and rights of company to cease
CATTLE, HORSES, &c.— Drovers, owners, and shippers to enter stock-yards to feed and
take care of animals and enter cars to place bedding
companies owning or operating railroads through Erie county to keep fences on each
side, to be liable for damages to cattle, and fine of $50
companies running trains through Warren county to keep fences ; if not, any person may
build and recover from company, with ten per cent, added
companies owning or operating railroads in Centre county to keep fences on each side,
to be liable for damages to cattle, and fine of $50
provisions of act 23d March, 1868, shall not apply to lands in Erie county, where owner
contracted to fence along railroad
companies neglecting to perform duties of act 28th March, 1868, relating to fencing roads
in Warren county, liable to owners for damages
, relating to fencing
provisions of act 28th March, 1868, and supplement ijth April, 1869
roads in Warren county, extended to Bradford, McKean, and Venango
CAUSEWAYS. — Proprietors of lateral railroads to construct causeways to enable persons
to cross railroads at public roads
proprietors of lateral railroads to construct causeways to enable persons to cross railroads
passing through their lands
causeways to be made at public roads and at places where road passes through land
(general law 1849)
245
PAGB
CENTENNIAL EXPOSITION.— Passenger railways in Philadelphia to pay tax for 202
CENTRE COUNTY.— Companies owning and operating railroads in Centre county to keep
fences on each side, to be liable for damages to cattle, and fine of $50 151
CERTIFICATES.— Certificates of stock to be delivered to each person entitled, and may
be transferred in a book at office of company (general railroad law 1849) 43
CERTIFICATE.— Agents to have certificate showing authority to sell tickets for trans-
portation, to keep posted in office, and show it m
of increase of capital stock to be filed in office of secretary of Commonwealth 213
of acceptance of Article XVII. of Constitution to be recorded in secretary's office 230
CHANGE OF NAME. — Courts of quarter sessions empowered to change names of
corporations within their respective counties + 23
common pleas authorized to change names of corporations within their respective
counties — authority of quarter sessions repealed 172
CHANGE OF VENUE. — Either party in suits by or against railroads may remove them to
an adjacent county through which road not located 10
the costs of suits removed to an adjacent county to be borne by county where suits
originated 15
act of i4th April, 1834, repealed as to actions on contracts, and such actions to be
returned to county where originated 20
proceedings to assess damages for land shall be held in the county in which land is
situate, and not elsewhere 154
either party in any suit by or against any corporation may remove same into any
adjacent county, on making affidavit, &c 181
expenses of suits removed under act z8th April, 1870, shall be paid by county from
which suits removed , 190
Lancaster, Venango, and Berks counties exempt from act 28th April, 1870, relating to
removal of suits 192
CHATTEL MORTGAGE.— To secure payment of wages of miners, laborers, &c.,
authorized for a limited period, till ist February, 1859 88
CHECKS. — Certificate or obligation not redeemable in gold or silver not to be issued 63
CITY RAILROAD.— Councils of Philadelphia to pass ordinance requiring the delivery of
certificate of contents of cars passing over city railroads 1 22
CITY LOANS.— Certificates of loan issued by city of Philadelphia and districts for capital
stock in railroad companies liable to taxation for State purposes only 75
CLARION COUNTY. — Lateral railroads may be constructed in Clarion county under act
5th May, 1832 74
CLERK'S WAGES, for any period not exceeding six months before any assignment,
shall be a lien on mine, manufactory, &c., and first paid 195
CLEVELAND AND PITTSBURG RAILROAD CO., authorized to sell bonds received
from counties of Beaver and Allegheny in payment of subscriptions to capital stock, at
rates below par 77
act noted above extended to all companies to the capital stock of which Allegheny
county subscribed 77
COAL WEIGHED.— Weigh-masters of railroads in Schuylkill county to keep a record of
all coal passing over their lines, and give certificates of same 76
COAL MINED AND PURCHASED.— Anthracite to be reported to auditor-general,
and to pay a tax of four cents per ton for every ton mined 159
anthracite to be reported to auditor-general, and to pay a tax of three cents per ton
for every ton mined 2I9
COAL.— Companies whose roads pass through any coal region of State, to report to auditor-
general quantity of coal and coke received for transportation 186
COAL MINING COMPANIES to pay tax of three cents per ton mined or purchased 219
COAL LEASE MORTGAGES.— Section 4, proviso of act April 9th, 1872, not to apply to... 223
COKE. — Tonrtage tax on not to be greater than on product of mines 164
companies whose roads pass through any coal region of State, to report to auditor-
general quantity of coal and coke received for transportation 186
COLUMBIA COUNTY.— Lateral railroad law of 1832 and supplements extended to
Columbia county and Tioga county 20
COLOR OR RACE.— Companies allowing conductors to exclude persons from cars on
account of color or race liable to action for $500 *3°
246
PA<
COMMENCEMENT. — Construction not commenced within three years charter to be null
and void, except as to damages (general law 1849)
roads to be built under act 4th April, 1868, to be commenced within two years from
organization i
COMMISSIONERS of counties to adjust compensation for bridges used by railroads 2
to make return of taxable property and county debts 2
COMPENSATION. — No stone, gravel, sand, wood, or other material to be taken under
lateral law until compensation settled
section 4, Article VII., of Constitution, relative to taking private property for public use,
to apply to all acts passed at present session (1845)
section 4, Article VII., of Constitution, &c., as above (1846)
acts passed present session (1848) not to authorize any company to take land without
compensation, &c
to be made for land and materials, or ample security tendered (general law 1849)...
viewers to be appointed to assess damages where railroad passes through lanes, streets,
or alleys in Mifflin county
viewers to be appointed to assess damages in Lykens, Williams, or Bear valley,
Dauphin county, for lateral railroad
where parties cannot agree upon compensation for land, company may tender a bond or
file same in court
viewers to report whether road asked for is necessary for public or private use, as well
as the damages sustained
act i4th April, 1834, extended to all suits, as well for damages for construction as for
any other cause .'.
to be made to owners of lands, wharves, docks, or piers, by companies requiring same
when crossing or reaching navigable streams i
companies authorized to widen, straighten, enlarge, &c. lines, and take property
therelbr, and make compensation or tender security i
provisions of act gth April, 1856, and 27th April, 1855, applicable to all cases arising
under act ijth March, 1869 i
for use of county bridges by railroads to be adjusted with commissioners 2
COMMON PLEAS. — Authorized to change names of corporations within their respective
counties — authority of quarter sessions repealed i
COMPLETION. — Road not completed within time fixed by special act, or suffered logo
into decay, charter to be null (general law 1849)
roads to be built under act 4th April, 1868, to be completed within five years i.
time extended five years— charter to be subject to Constitution of 1874 2
CONDUCTOR. — Any person injured through negligence of any conductor of cars, fine
not over $500, imprisonment not over five years
any person in employ of railroad company neglecting to cancel and return tickets, fine
not over $1000, imprisonment not over five years
of trains passing through Erie and Crawford counties to have power to arrest persons
for stealing, picking pockets, or breach of peace i
excluding any person from cars on account of color or race, fine $100 to $500, and
imprisoned thirty days to three months i
CONNECTIONS.— The Philadelphia, Wilmington and Baltimore Railroad Company to
unite with other railroads in county of Philadelphia to form continuous line
two railroads connecting with each other may run their cars and locomotives upon each
other with consent, &c
Pennsylvania Railroad Company authorized to run their cars and locomotives over all
continuous and connecting railroads
so much of act of 3d March, 1853, as relates to Pennsylvania Railroad Company carry-
ing passengers, baggage, and mails over Philadelphia and Columbia Railroad, repealed, :
act i3th March, 1847, construed to authorize companies to enter into contracts for use,
management, and working of roads
connecting railroads may enter into contracts for, use, lease, and operate said railroads.. <
road leased to a connecting road, and to be kept in repair by lessees, the latter to
have same rights and privileges as company owning road <
247
PAGE
CONNECTIONS.— Connecting railroads, bridges, and tunnels used by each other to be
paid for at rate of one-half interest on cost, at seven per cent 128
companies formed under act 4th April, 1868, may connect with other roads of a similar
character 150
railroads used or leased by company whose road connects therewith, company using
or leasing may endorse, &c. bonds of leased road ' 153
when any company contracts for right to connect with any other road, no person shall
interfere until right established by highest tribunal 169
companies connecting authorized to lease and become lessees, or enter into any other
contracts (Pittsburg and Connellsville Railroad excepted) 175
CONSOLIDATION. — Any company chartered by this Commonwealth may merge into
any other company upon the terms fully specified 98
when any merger or consolidation takes effect, company into which merger takes place
to have right to increase capital stock, &c 116
company into which merger takes place to have the right to issue bonds and create
mortgage for debts of companies consolidated 121
companies may merge and consolidate stock, franchises, &c., when they form a con-
tinuous line, terms specified in full 123
when merger or consolidation has taken place, company into which merger takes place
shall have all the power of company into which merged 144
when merger made, companies to specify in agreement what rights, powers, &c. shall •
be vested or merged 168
canal companies may purchase and hold stock and bonds and lease the road or become
merged with railroad companies 180
any company may merge and consolidate its stock, franchises, and property with any
other company whose road lies within or partly within State 181
companies in Susquehanna, Wyoming, Wayne, and Luzerne may purchase and hold
stock and bonds and lease or become merged or consolidated with other companies.... 188
capital stock held by executors, &c. in consolidated companies may be exchanged for
new stock of the consolidated company 197
CONSTITUTION.— To enforce section 6 of Article XVII., in relation to contracts and trans-
portation lines 224
acceptance of, in connection with remission of forfeiture of charters 227
to enable companies to accept terms of seventeenth article 230
to carry into effect section 8 of Article XVII.. in relation to free passes 234
time for completion extended five years — charters held subject to 234
remission of forfeiture under act May isth, 1874, to subject companies to 236
CONSTRUCTION. — Companies to have the right to construct railroads under the surface
over any intervening lands 19
provisions as to locating and constructing road, entry upon land, taking material, &c.
(general law 1849) 45
no railroad terminating in Philadelphia shall locate and construct in city without sub-
mitting plans, &c. to board of surveys 78
CONTRACTS.— Officers, directors, agents, or employees not to be interested in any
contract for materials or supplies 79, 224
railroad companies may enter into contracts with canal companies in respect to traffic
to be carried on their respective works 115
companies connecting authorized to lease and become lessees, or enter into any other
contract (Pittsburg and Connellsville Railroad excepted) — 175
authority of act i7th February, 1870, in regard to leases and contracts by railroad
companies, extended to contracts and leases relating to canals 185
for relocation, changing, or elevating railroads may be made with county authorities 232
CONTRACTORS. — Companies not to make assignments to defeat or delay payment of
wages to contractors, laborers, or workmen 22
arbitrators in actions between contractors, laborers, or workmen and corporation may
require production of books and papers 29
whenever any company divest themselves of estate, by assignment or otherwise, con-
tractors, laborers, and workmen to have scire facias, &c 103
248
PAGE
COSTS. — The costs of suits removed to an adjacent county to be borne by county where
suits originated * 15
award or judgment in favor of plaintiff in cases of assessment of damages to land shall
carry costs 21
bail taken in cases of appeals from judgments of justices or award of arbitrators shall
be absolute for all costs 25
in addition to costs, plaintiff's counsel fees shall be paid in cases where validity of
bonds contested and established 134
expenses of suits removed under act 28th April, 1870, shall be paid by county from
which suits removed 190
COUNSEL FEES.— In addition to costs, plaintiffs counsel fees shall be paid in cases where
validity of bonds contested and established 134
Allegheny county exempted from provisions of act 3d May, 1866, in relation to paying
counsel fees in cases where bonds contested 142
corporations named in act 3d May, 1866, shall only be compelled to pay counsel fees in
cases where validity of bonds established 183
COUNTY BRIDGES used by railroads, compensation to be adjusted with commissioners... 226
CROSSINGS. — Crossing or causeway not to be made on land where such land borders on
public road (general law 1849) 48
engineer or agent obstructing crossings of public streets or roads liable to penalty of $25.. 26
companies obstructing free passage at any private road or crossing liable to penalty
of $30 68
lateral railroads, having right to cross other roads at grade, not to cross at more than
two crossings or with double track 88
preamble, that whenever convenient, railroads using steam should pass over or under
public highways 116
companies formed under act 4th April, 1868, may cross other railroads at grade, keep
in repair, and flagmen , 150
duty of courts to ascertain and define mode of crossing inflicting the least injury and
to prevent grade-crossing when practicable 190
CRAWFORD COUNTY.— Professional thieves, pickpockets, and burglars found at any
depot in Erie or Crawford county, to be arrested and committed 130
professional thieves, pickpockets, and burglars may be arrested by conductors on cars in
same counties 131
professional thieves, pickpockets, burglars, and vagrants loitering about depots in Erie,
Crawford, Venango, and Warren to be arrested 131
CRUSHED ROCK SAND.— Tonnage tax on, not to be greater than on product of mines... 164
DAMAGES FOR CATTLE.— Companies to erect fences on both sides railroad in Erie
county, or to be liable to owner for damages to cattle, and penalty of $50 141
companies to erect fences along tracks in Warren county ; if neglected, any person, after
notice, may construct, and collect from company 142
companies to erect fences along roads in Centre county ; answerable to owner of cattle
for damages, and to penalty of $50 151
act of 23d March, 1868, for fencing in Erie county not to apply where owner contracted
to fence, but company to be liable when fence burned by locomotive 153
companies neglecting to perform duties (fencing) imposed by act March 28th, 1868,
in Warren county, to be answerable to owner of cattle injured 172
DAMAGES BY FIRE.— Companies in Erie county to be liable to penalties in act 23d
March, 1868, when fences destroyed by fire from locomotives 153
DAMAGES TO GOODS.— Carriers allowing flour, corn, or meal to be wet or damaged for
want of care, to pay owner twenty-five cents for every cask over and above damage... n
249
PAGE
DAMAGES TO PROPERTY, caused by negligence of engineer or conductor, guilty of
misdemeanor, fine $50, imprisonment six months 12
DAMAGES TO LAND, for the construction of lateral railroads, shall be assessed by six
men of the county, appointed by common pleas 4
ground shall not be broken nor construction of lateral railroad commenced until damages
awarded are paid or tendered .... 6
if the viewers or a jury shall find for plaintiff any sum of damages for construction, such
award or verdict shall carry costs 21
in all cases where security is to be given for damages to land, such security may be
approved by any two judges during vacation 24
the fourth section of seventh article of Constitution shall apply to all cases of land to be
taken, as if incorporated in each act (1845) 25
the fourth section of seventh article of Constitution shall apply to all cases of land to be
taken, as if incorporated in each act (1846) 28
the fourth section of seventh article of Constitution shall apply to all cases of land to be
taken, as if incorporated in each act (1848) 37
compensation to be made or security tendered under general railroad law of 1849; court
to appoint viewers to assess, if parties cannot agree 46
in cases where railroads located through towns in Mifflin county, quarter sessions to
appoint viewer to assess damages 66
in application for right to build lateral railroad in Lykens, Williams, or Bear valley,
Dauphin county, quarter sessions to appoint viewers 66
where parties cannot agree upon damages, bond to be filed in court, and either party
may appeal from award and have trial by jury 83
viewers appointed to assess damages for lateral railroads to report whether road is
necessary for public or private use, as well as damages 89
act i4th April, 1834, (change of venue,) shall extend to all suits against railroad
companies, as well for damages for construction as for any other cause 96
act 5th May, 1832, for lateral railroads, construed to authorized single or double track,
• with necessary sidings, wharves, &c., damages to be ascertained and paid as under
general railroad law 127
no suit for damages for construction unless brought within five years after entry upon
land or within three years after road in operation 134
act i7th April, 1866, (next above,) shall not apply to actions pending at the time of
passage of said act 139
all proceedings for assessment of damages to land for construction shall be had in
county where land situate 154
companies to widen and straighten lines, make compensation before entry, or tender
security ; damages to be ascertained as in act February igth, 1849 167
in actions for right to construct lateral railroads, wharves, and landings, appeal to court
shall extend not only to damages but necessity of the proposed, &c 182
second and third sections of gth April, 1856, and section one of act 2yth April, 1855, are
extended to all cases arising under the act of i7th March, 1869 185
appeal from assessment by viewers when not otherwise provided 232
DANGEROUS MATERIAL.— Delivery for transportation, storage, and sale regulated 222
DAUPHIN COUNTY.— Act of sth May, 1832, construed to apply to construction of lateral
roads under or over surface of intervening lands 36
owner or lessee of coal lands in Lykens, Williams, or Bear valley, Dauphin county, to
have authority to construct lateral roads 66
DEATH. — No action for damages for injuries to the person shall abate by reason of death
of plaintiff, but personal representative may be substituted 70
persons entitled to recover damages for injury causing death shall be husband, widow,
children, or parents of deceased 79
limitation of one year for commencing suit in act 26th April, 1855, restricted to cases
accruing after passage of that act 87
if injury or death result from refusal or neglect of employee to observe any rule of com-
pany, fine $5000, and imprisonment five years "9
whenever injury or loss of life occur to any person employed on or about railroad,
right of action same as if employee 145
in all actions to recover for injury or loss of life, compensation only for pecuniary loss —
not over $3000 for injury, nor #5000 for death *45
250
PAGE
DECEDENTS. — Executors, &c. acting under authority of other States, &c. may transfer
stock, on filing copy of will, &c 193
DEEDS, ACKNOWLEDGMENT OF.— Deeds executed or acknowledged by any cor-
poration, or informally acknowledged by any officer de facto, validated as if executed
according to law in
third section of act 22d April, 1863, relative to acknowledgments by notaries, extended
to all acknowledgments by corporations since passage of that act 171
DEFAULTERS.— Public defaulters to be sued and prosecuted in Dauphin county, and
writs may issue into any county 27
in suits against defaulters, declaration to be filed with prezcipe, and judgments entered
in thirty days 28
provisions of section twelve of act i6th April, 1845, and section four of act 2ist April,
1846, extended to all suits by the Commonwealth against corporations 104
DELAWARE COUNTY.— Act February 2ist, 1872, to prevent trespass on cars in Berks,
extended to Delaware county 207
DETECTIVES. — Detectives, constable, or police, to arrest vagrants around depots in Erie,
Crawford, Warren, and Venango counties 131
DIRECTORS. — Companies whose works and property are principally within State to hold
elections within State, and elect majority of directors citizens of State 33
stockholders, under general law of 1849, to elect a president and twelve directors on
second Monday in January 41
president and directors, under general law of 1849, to exercise all the powers granted to
the corporation 42
directors consenting to declare dividends which shall impair capital to be liable for
amount of capital divided 44
director shall not be an officer receiving a salary, or surety for an officer, nor interested
in any contract 79
the number of directors to be elected by any railroad company may be increased to any
number not over thirteen 123
where a majority of directors or stockholders are citizens of another State, company
may be organized and meetings held wherever majority shall appoint 130
all citizens of United States eligible to be directors, though non-residents of State, but
must be stockholders, and majority citizens of Pennsylvania 135
no suit against a director unless brought within six years after delivery of materials or
commission of act of negligence 137
persons appointed by governor to act as directors to act without approval of canal
commissioners 140
may invest surplus or other funds or earnings in mortgages, ground rents, United States
loans, their own shares, debt of Pennsylvania or Philadelphia, &c 143
president and not less than six nor more than twelve directors, under general law of
1868, majority citizens of Commonwealth 150
stockholders to determine by vote the number of directors, not over fifteen nor less
than five, and majority residents of Pennsylvania 152
directors to add to their number by selecting from stockholders an additional member
or members, who shall act as vice-presidents 165
whenever number of directors increased under authority of law, majority of whole
number to constitute a quorum 170
may elect from their number vice-presidents, and prescribe their duties 210
to be individually liable for neglect of company to pay tax on capital stock 219
not to be interested in contracts for furnishing material or supplies to company 224
not to be engaged as a common carrier for transportation over his railroad line 224
DISSOLUTION. — Common pleas may decree dissolution of corporations praying to sur-
render their charter 85
the "proper county" intended by act 9th April, 1856, for dissolution, shall be either
county in which principal operations conducted or principal office located 193
whenever corporation dissolved by judgment of ouster upon quo ivarranto, all property
shall vest in officers of corporation for benefit of stockholders and creditors 194
whenever corporation dissolved, officers last in office or trustee to be appointed to make
sale of real estate 215
DISTINCTION AS TO COLOR OR RACE.— Companies and conductors excluding
persons from cars on account of color or race, fine $500, conductor imprisoned 136
251
PAGE
DITCHES. — Companies owning or operating railroads in Erie county, where water accumu-
lates, to maintain ditches on both sides of road 81
DIVIDENDS UNCLAIMED.— Companies authorized to make and declare dividends to
publish statements of dividends unclaimed for three years 30
DIVIDENDS. — Dividends of profit, under general law of 1849, to De declared in January
and July in each year .' 44
companies to make return to auditor-general of capital paid in, date, amount, and rate
of dividends declared, and when no dividend, to value stock *55» 216
companies to pay tax of one-half mill for each one per cent, of dividend, and when no
dividend, then three mills upon value of stock 156, 219
companies to pay tax of nine-tenths of one mill for each one per cent, of dividend
declared; when no dividend declared, six mills on value of stock 2i&
upon preferred stock may be paid holders not exceeding twelve per cent, out of net
earnings ; holders not liable for debts of company 192
DOCKS, WHARVES, &c.— Companies whose roads reach or cross navigable streams, to
erect docks, piers, wharves, or take and hold lands, wharves, piers, &c., giving
security, &c 120
DROVERS. — Drovers, owners, and shippers of cattle to enter stock-yards to feed and care
for cattle and place bedding in cars 114
DUALIN. — Delivery for transportation, storage, and sale regulated 222
DUE BILLS or checks not redeemable in gold or silver not to be issued 63
DYNAMITE. — Delivery for transportation, storage, and sale regulated 222
EJECTMENT. — In ejectments against non-residents of county, writ may be served on
person in charge of land 73
ELECTIONS. — Proxies to vote shall be obtained and dated within six months of election
(under general law of 1849, within three months) 3
by corporations chartered by State to be held within the State 33
directions for holding elections for directors under general railroad law 1849 41
at all general meetings or elections of stockholders each share to be entitled to one vote, 128
annual elections of non-resident corporations shall be held in the State 130
when judges of election fail to attend, stockholders' to appoint and fill vacancy 134
companies organized under act igth February, 1849, to be subject to act i3th
March, 1847 « I4C*
time for holding annual election for directors may be changed and certified to auditor-
general ff .......................... 143
to be held by stockholders to determine upon increase of stock 21*
ELEVATION, relocation, and change of roads to be contracted for with county authorities, 232
ELK COUNTY. — Individuals may construct railroad from premises to any railroad, plank
road, or stream 51
EMBEZZLEMENT by persons engaged in transporting goods by selling or disposing, fined
$500, imprisoned one year 92
of coupons or tickets by agents and conductors, fine $5000, imprisonment five years 97
EMPLOYEES neglecting to cancel or return coupons or tickets, fine $5000, imprisonment
five years 97
neglecting to obey rules, and thereby injury or death result, fine $5000, imprisonment
five years "9
excluding persons on account of race or color, fined $500, imprisoned three months 136
not to be interested in contracts for supplies or in transportation lines on road 224
252
PAGE
ENDORSE BONDS. — Companies may endorse or guarantee bonds of company whose road
they lease or use .• 153
any two companies may jointly endorse and guarantee the bonds of any other company, 177
ENGINEERS obstructing public street or road-crossing by engines or cars, subject to
penalty of $25 26
to be fined $500 and imprisoned five years, if any person injured through his negligence, 91
ENLARGEMENT.— Companies may widen, deepen, enlarge their lines, and take land, &c.
for same 166
section second and third of act gth April, 1856, and section one of act 2jth April, 1855,
to apply to straightening and improving lines 185
companies to retain original road when improved or straightened line substituted 192
ERIE COUNTY.— Guages to Ohio State line four feet ten inches; from New York State
line to Erie or Ohio river, six feet, or four feet eight and one-half inches 67
ditches to be constructed by side of roads, and Canada thistles and weeds to be cut
down 81
companies operating in Erie county to maintain fences, or be liable for cattle injured 141
act 23d March, 1868, not to apply to lands where owner of land is bound to fence 153
thieves, &c. found at any railroad depot in Erie county may be arrested, &c 130
vagrants found loitering at any depot may be arrested and subjected to vagrant laws 131
EXCHANGE OF BONDS, &c.— Executors, &c. holding stock or bonds of any company
consolidated, may exchange for bonds of new company 197
EXECUTIONS.— Directions for levy and sale under execution against corporations 13
provisions of act i6th June, 1836, for levy and recovery of stock, &c., extended to all
attachments 25
plaintiffs in judgment against corporations may have execution and sell property,
franchises, &c 177
when property sold under execution, wages due miners, mechanics, laborers, and clerks
shall be first paid 195
EXECUTORS holding Allegheny county bonds, issued for railroad stock, may exchange for
such stock 94
under foreign authority, to transfer, &c. on filing copy of will or other authority 193
holding stock or bonds of any company consolidated, may exchange for stock or bonds
of new company 197
EXPLOSIVES.— Gunpowder not to be transported unless distinctly marked " gunpowder," 64
delivery for transportation, storage, and sale regulated 222
FEEDING CATTLE.— Drovers, owners, or shippers to enter stock-yards to feed cattle
and cars for bedding 114
FENCES.— Penalty for breaking down (repealed and supplied) 69
any person breaking down fences and carrying away materials, punished for
misdemeanor 122
to be built and maintained on both sides of railroads in Erie county 141
to be built and maintained on both sides of railroads in Warren county 142
to be built and maintained on both sides of railroads in Centre county 151
act relating to fencing railroads in Erie county not to apply where owner contracted to
fence ; 153
companies referred to in act for fencing in Warren county answerable for cattle injured.. 172
acts relating to fencing in Warren county extended to Bradford, McKean, and Venango.. 172
253
PAGE
FLOUR, CORN, AND MEAL, when unloaded, to be put in store and kept dry »
FOREIGN LETTERS TESTAMENTARY.— Copy of will or other authority to be filed in
register's office IO^
FOREIGN CORPORATIONS.— Property located in State to be liable to levy and sale as
if corporation in the State 35
not to do business in State until place of business and agent appointed in the State 215
to file certificate of name, objects, location of office, and name of agent 215
FORFEITURE of stock if installments of subscriptions unpaid for six months 44
attorney-general to proceed to forfeiture when companies neglect to fulfill terms of
charter jyg
charters to be forfeited of companies neglecting to make returns of dividends and
stock 155, 218
of charters, remission provided for, and acceptance of Constitution 236, 227
FORMATION.— Supplement to act of 4th April, 1868, articles of association and letters
patent 231
FRAUDS ON TRAVELERS.— No person, except authorized agent holding certificate, to
sell tickets, and company to redeem unused portions of tickets in
act of 6th May, 1863, amended in respect to sale and redemption of tickets 197
FREE PASSES not to be issued by any companies having accepted Article XVII. of
Constitution 234
FUNDS, SURPLUS, maybe invested in mortgages, ground-rents, loans of United States,
Pennsylvania, or Philadelphia, &c 143
GAMBLERS to be arrested about depots, &c. in Erie, Crawford, Venango, and Warren
counties 131
GENERAL OFFICE.— Companies whose works are principally in the State to locate
general office in the State 33
where principal office located out of State, company may be sued in county where works
located or officer resides.. 35
governor to appoint directors, &c. when office not established in State 140
location to be registered in auditor-general's office 154
stockholders to determine where general office to be located 165
GENERAL RAILROAD LAW, 1849 —Title, "An act regulating railroad companies" 38
1868. — To authorize the formation and regulation of railroad corporations 146
GRADE-CROSSING.— Section 10 act aist April, 1855, not to apply to steam railroads in
Philadelphia 116
companies formed under act 4th April, 1868, to cross other railroads at grade 150
may be prevented by injunction, when reasonably practicable to avoid it 190
GROSS RECEIPTS to pay a tax of three-fourths of one per cent., and return to auditor-
general.... *59
tax of May ist, 1868, repealed in part only 201
of passenger railways, Philadelphia, to pay tax for Centennial Exposition 205
GUAGES of railroads in Erie county four feet ten inches to Ohio line, six feet or four feet
eight and one-half inches to New York line 67
of railroads east of Erie county and leading east or south, same guage as State roads 71
of every railroad to be of such width as directors may deem expedient 73
of railroads authorized to connect with Philadelphia and Erie Railroad to be same as
Philadelphia and Erie Railroad no
not exceeding three feet to be constructed under act 4th April, 1868 235
254
PAGE
GUARANTEE. — Companies leasing other roads may guarantee bonds, &c. of roads leased.. 153
companies chartered by State to guarantee or purchase bonds of any other company 165
companies may aid in development of coal, iron, and other interests, and guarantee
bonds 170
companies may lease or take assignments of lease of other roads and guarantee
payments 175
any two companies may endorse or guarantee bonds of any other company, and take
security, &c 177
GUARDIANS may transfer shares of minor when authority under foreign laws filed in
register's office 193
may exchange stock and bonds of consolidated company for stock and bonds of new
company 197
holding bonds of Allegheny county issued for railroad stock may exchange for such
stock 94
GUN COTTON. — Delivery for transportation, storage, and sale regulated 222
GUNPOWDER not to be transported unless distinctly marked "gunpowder" 64
delivery for transportation, storage, and sale regulated 222
HOSPITAL, Pennsylvania State Lunatic.— Railroad and other works forbidden upon
grounds of. .... iQQ
HUNTINGDON COUNTY.— Act February 2ist, 1872, to prevent trespass on cars in
Berks, extended to Huntingdon 198
INCOME or net earnings to be returned to auditor-general and pay tax of three per cent... 157
tax of May ist, 1868, repealed 201
IMPROVED LINES. — Companies to retain original lines when improved or straightened
lines substituted 192
INJUNCTION to be issued by Supreme Court to restrain interference with rights 169
to prevent invasion of rights and grade-crossing, if otherwise practicable 190
INJURY TO BAGGAGE by baggage-master, express agent, stage-driver, or hackman,
punished by fine 174
INJURIES TO PERSONS, occasioned by negligence or recklessness of driver, engineer,
or conductor, misdemeanor 12
actions not to abate by death of plaintiff; personal representatives maybe substituted... 70
widow or personal representatives may sue after death of person injured 70
husband, widow, children, or parents only may sue ; action to be brought within one
year 79
limitation for one year for suing to be restricted to cases occurring after act 87
trustees under assignment or mortgage not to be personally liable for damages 87
caused by negligence or recklessness of driver, engineer, or conductor, fined and
imprisoned 91
caused by neglect of employee to obey rules of company, punished by fine and imprison-
ment 119
right of action to be same as if employee, $3000 for injury, $5000 for death 145
255
PAGE
INJURIES TO PROPERTY, occasioned by negligence or recklessness of driver, engi-
neer, or conductor, misdemeanor 12
INJURIES TO RAILROADS by fire, obstruction, displacement of machinery, or other-
wise, pay damages and fined 16
machinery, &c. shall be punished by forfeiture of three times the damage 48
machinery, works, cars, signals, &c. to be punished by fine, imprisonment, &c 92
INSURANCE. — Companies may insure lives of passengers against injury 145
INTEREST. — Money borrowed and bonds given for larger amount than received not usury.. 21
not usury to sell bonds, certificates of loan, &c. at less than par value 82
to pay a tax of five per cent., to be retained from creditor 161
on balances, twelve per cent, per annum from time tax due to settlement of account, and
twelve per cent, per annum from sixty days after settlement till paid 162, 220
on bonds and indebtedness, tax to be paid by company and not deducted 201
INTERFERENCE. — Injunction to be issued by Supreme Court to restrain interference
with rights .. 169
INVASION OF RIGHTS to be inquired into and restrained by court, and damages
recovered .' 100
INVESTMENTS of surplus funds to be made in mortgages, ground-rents, loans, &c 143
IRON ORE. — Statistics to be collected, collated, and published by auditor-general 186
IRON, PIG AND WROUGHT.-Statistics to be collected, collated, and published by
auditor-general 186
JUDGES OF ELECTION failing to attend or directors failing to appoint, stockholders
to select...... 134
JURY TRIAL. — After appeal to court from report of viewers for damages to land, &c 84
LABORERS' WAGES not to be defeated or delayed by any assignment for creditors 22
in actions for, arbitrators authorized to require production of books and papers 29
and mechanics, and miners, to be first paid in cases of assignment 75
may be secured by chattel mortgages 88
when judgments obtained for, scire facias may issue, &c 103
in case of any sale or assignment, to be first paid 195
LABORERS.— Proviso to section 4 act of April 9th, 1872, not to apply to coal lease
mortgages 233
LACKA WANNA AND WESTERN RAILROAD excepted from act 6th February, 1852,
regulating guages 7*
LANCASTER COUNTY exempt from act 28th April, 1870, relating to changes of venue, 193
LANDINGS.— Jury to determine whether landings sufficient to accommodate main and
lateral roads 23
the right to procure, extended to persons building lateral railroads 36
256
PAG
LATERAL RAILROADS.— General law of 1832, "An act regulating lateral railroads,"
extended only to Lycoming, Luzerne, Schuylkill, and Northumberland counties !..
jury to determine mode of connection, if parties cannot agree I(
act of May sth, 1832, extended to Northampton, Lehigh, and Cambria counties i<
act of May sth, 1832, extended to Tioga and Columbia counties &
when owners of landing refuse to permit lateral road to use it, jury to be summoned 2
act of May sth, 1832, and supplement repealed as to Cambria county 2<
act of May sth, 1832, extended to Dauphin, Allegheny, Bedford, Blair, and Washing-
ton counties 3<
act of May sth, 1832, extended to construction of roads under or over surface of inter-
vening lands 3<
act of May sth, 1832, repealed as to limitation to and extended throughout State 38
railroads of three miles to be constructed by individuals in Warren, McKean, Elk, and
Potter counties 5:
railroads of three miles to be constructed by individuals in Venango county
viewers to assess damages in Dauphin county to be appointed
proprietors in Allegheny county may charge tolls received throughout Commonwealth,
in addition to tolls now charged ........................ .................................................... 6c
act sth April, 1849, extended to Clarion county ........................................................... 74
having the right to cross other railroads at grade, not to cross with more than two tracks.. 88
viewers under act of May sth, 1832, to report on necessity of road as well as damages.. 89
companies may aid owners of coal or mineral lands constructing lateral roads in
money, labor, or materials ...................................................................................... 101
companies building branch, lateral, or diverging lines may specially mortgage same
and issue bonds ..................................................................................................... no
may be constructed with single or double track, with sidings, wharves, &c .................... 127
section 2 act sth April, 1849, f°r lateral railroads, extended to Northumberland .......... 167
may be abandoned before ground broken, and within two years of confirmation of right
of way ................................................................................................................. 167
canal companies may construct from their lines, often miles in length .......................... 176
appeal may extend to necessity of road, wharf, or landing, as well as to damages .......... 182
any three persons may construct a road of five miles, under act 4th April, 1868 ............ 184
owners of furnaces and manufactures of iron may construct from works to mines ........... 211
owners of land may construct from mines to navigable streams ..................................... 211
LEASING OF RAILROADS.— Act i3th March, 1847, to authorize connecting roads to
lease and contract for use of, &c ............................................................................. 91
connecting railroad companies may enter into contracts for use or lease of roads .......... 97
when road leased to be kept in repair by lessee, lessee to have privileges of lessor, &c... 98
companies leasing railroads may endorse or guarantee bonds, &c. of leased road ........... 153
companies may become lessees by assignment or otherwise, and guarantee payments in
lease ............. ..... ..... ............. ................................ ............................ .......... . . ......... J75
railroad and canal companies may lease works of each other, or become consolidated
with each other ...................................................................................................... i8a
act i7th February, 1870, to embrace leases or contracts of works in this or any other
State ................................................................................................................... 185
companies in Susquehanna and other counties may lease or become consolidated ............ 188
LEHIGH COUNTY.— Lateral railroad act May sth, 1832, extended to, with other
counties ................................................................................................................ 19
LETTERS PATENT to issue under general railroad law of 1849, when ten per cent.
subscribed and five dollars per share paid in ........................................................... 39.
to be issued to any company, upon proof of compliance with conditions of law, &c.... 226
may be issued to companies organized under act April 4th, 1868 .................................... 231
LETTERS TESTAMENTARY, under foreign authority, to be filed in register's office ..... 193.
257
PACK
LIABILITY OF DIRECTORS.— When they consent to dividend out of capital stock 44
suit to be brought within six years from goods delivered or act done 137
and treasurer for neglect of company to pay tax on capital stock 219
LIABILITY OF STOCKHOLDERS.— Suit to be brought within six years from goods
delivered or act done Iry
1 137
holders of preferred stock not to be liable for debts of company 102
LIABILITY OF TRUSTEE.— Trustee under assignment not to be liable for injuries
received 87
LIEN ON GOODS. — Carriers having a lien on goods for carriage, &c. may advertise and
sell II3
LIMITATION.— Suits under act May sth, 1832, to be brought within twelve months 9
suits under act February igth, 1849, (general,) to be brought within two years 48
act of 27th March, 1713, for limitation of actions, not to be extended to suspended
corporations 65
suits for injuries to persons on railroads to be brought within one year 79
suits for injuries to persons on railroads to be brought within one year after act 87
suits for damages for right of way to be brought within five years 134
suits against stockholders or directors to be brought within six years, &c 137
act of i7th April, 1866, not to apply to actions pending at time of passage 139
of time for completion, forfeiture of charter may be remitted after 227
LOANS. — City, issued for subscriptions to capital stock, taxable for State purposes only 75
and securities in which surplus funds of companies may be invested „.. 143
State and city, and stock may be sold and transferred by married women an
may be transferred without liability to see to execution of any trust 229
LOCATION of railroad and change of location, under general law of 1849 45, 48
of railroads on streets, lanes, or alleys in Mifflin county 66
of railroad in city of Philadelphia not to be without submitting plans, &c 78
roads interfering with mining veins may be relocated 109
section 10 act April 2ist, 1855, not to apply to steam-power railroads 116
LUZERNE COUNTY.— Lateral railroad act May sth, 1832, extended to, with other
counties 9
lateral railroad act May sth, 1832, extended to Denison township 36
railroad, canal, and navigation companies in Luzerne and other counties may purchase,
consolidate, &c 188
LYCOMING COUNTY.— Lateral railroad act May sth, 1832, extended to, with other
counties 9
MAPS, PLANS, AND PROFILES of railroads, canals, &c. to be deposited in canal com-
missioners' office **
MARRIED WOMEN may sell and transfer stock in railroad companies as if unmarried.... 189
may sell and transfer State and city loans and stock as if unmarried 211
MECHANICS' WAGES.— Laborers and miners to be first paid in cases of assignment 75
for any period not exceeding six months before any assignment, &c. shall be first paid... 195
MECHANICS.— Chattel mortgage authorized to secure wages of laborers, miners, and
mechanics
proviso to section 4 act April Qth, 1872, not to apply to coal-lease mortgages «3
258
PAGE
MEETINGS of stockholders, under general railroad law, on second Monday in January.... 41
each share of stock to have one vote at all general meetings and elections 128
majority of non-resident directors, corporators, or stockholders to have right to deter-
mine where meetings to be held 130
when judges of election fail to attend, stockholders to appoint judges 134
McKEAN COUNTY. — Individuals authorized to construct railroads not over three miles in.. 51
act 28th March, 1868, and supplement, for protection of farmers, &c., extended to
McKean county 172
MERGER. — Any railroad may merge with any other connecting therewith 98
when companies merged, the consolidated company to issue stock to carry merger into
effect 116
when two companies merged, company to have power to issue bonds and mortgage to
to secure 121
any railroad company may merge into another and consolidate on terms specified 123
the company into which merger takes place to have all the rights of companies merged... 144
consolidated companies to be regulated by powers, duties, &c. specified in agreement
of merger 168
canal and railroad companies may consolidate with and purchase stock and bonds of
each other 180
companies may consolidate with those of any other State forming continuous lines 181
companies in Susquehanna, Wyoming, Wayne, and Luzerne authorized to consolidate... 188
stock and bonds held by executors, &c. may be exchanged for stock and bonds in con-
solidated companies 197
MIFFLIN COUNTY.— Viewers to lay out new streets, &c. when railroads located on
streets, &c. in 66
MILEAGE on city railroad shall be same as on Pennsylvania Railroad 22
distance for tonnage to be estimated by nearest whole number of miles 75
on city railroad not to be charged for any greater distance than used. 86
MINERS. — Chattel mortgage authorized to secure wages of laborers, miners, and mechanics, 88
proviso to section 4 act April pth, 1872, not to apply to coal-lease mortgages 223
MINERS' WAGES. — Laborers and miners to be first paid in cases of assignment 75
for any period not exceeding six months before any assignment, &c. shall be first paid.... 195
MINERAL STATISTICS to be furnished to, and collected, collated, and published by
auditor-general 186
returns to be made to secretary of internal affairs instead of auditor-general 229
MINUTES of corporations under general railroad law to be kept in suitable book 42
MONTOUR COUNTY.— Act February 2ist, 1872, to prevent trespass on cars in Berks, ex-
tended to Montour 198
MORTGAGE. — General power to mortgage, under general railroad law 39
trustees under mortgage not to be personally liable for injuries received 87
chattel mortgage authorized to secure wages of laborers, miners, and mechanics 88
companies may aid owners of coal and other mines, and take mortgage as security 101
Supreme Court to have chancery power in cases of mortgages by corporations 106
companies building branch or lateral lines may specifically mortgage same and issue
bonds........ ... no
deeds, mortgages, &c. informally acknowledged by officers of corporations, validated in
when two companies merged, company to have power to issue bonds and mortgage to
secure 121
provisions of act 8th April, 1861, relating to sales of railroads, to apply to sales under
power in mortgage 135
companies may invest surplus funds or earnings in mortgages, ground-rents, &c 143
companies formed under act 4th April, 1868, to secure bonds by mortgage on road and
franchises 150
companies leasing railroads may endorse or guarantee bonds secured by mortgage on
leased road 153
259
PAGE
MORTGAGE.— Act zoth April, 1867, authorizing sale of property upon bond same as upon
mortgage, repealed ................................................................................................ tjt
bonded obligations and stock may be increased fifty per cent, of amounts heretofore
authorized. ........................................................................................................... IJA
lien of mortgages not to be affected by sale of property and franchises under act 7th
April, 1870 ............................................................................................................ I77
coal-lease, proviso to section 4 act April 9th, 1872, not to apply to ............................... 223
companies may increase surety of bonds by mortgaging their remaining property and
franchises .............................................................................................................. 227
may be executed by individuals and companies to banks to secure notes, bills, and re-
newals .................................................................................................................. xgg
may be taken by banks from individuals and companies to secure notes, bills, and re-
newals .................................................................................................................. 198
may be made by any railroad company to secure bonds and obligations ........................ 199
NAMES CHANGED. — Authority to quarter sessions to change names of corporations
repealed 2oth April, 1869 23
common pleas authorized to change names of corporations within their respective
counties 173
NARROW GUAGE roads to be constructed under act 4th April, 1868..... 235
NET EARNINGS to be returned to auditor-general, and pay three per cent, tax 157
tax of May ist, 1868, repealed 201
NEW YORK AND ERIE RAILROAD.— Act 6th February, 1852, regulating railroad
guages, not to apply to 72
NITRO-GLYCERINE.— Delivery for transportation, storage, and sale regulated 222
NON-RESIDENT CORPORATIONS.— Property in the State of a company located out
of State liable to levy and sale as if in State 35
not to do business until place of business and agent established in the State 215
to file certificate of name, objects, place of business, and name of agent 215
NON-RESIDENT DIRECTORS.— All citizens of United States eligible as directors,
though non-residents of the State 135
NON-RESIDENT STOCKHOLDERS.— Majority of non-resident directors or stock-
holders to determine where meetings to be held 130
service of process for enforcing payment of installments for stock 224
NON-USER. — Roads decayed, out of repair, and unused for five years to be deemed
abandoned « 183
NORTHUMBERLAND COUNTY.— Act sth May, 1832, regulating lateral railroads, to
extend only to Northumberland and other counties 9
proceedings to assess damages to land to be held only in county where land situate 154
act 5th April, 1849, section 2, for lateral railroads, extended to Northumberland county... 167
NORTHAMPTON COUNTY.— Act sth May, 1832, lateral railroads, extended to, with
other counties 19
NOTES AND BILLS held by banks may be secured by individuals and corporations,
by mortgage on their real estate 198
NOXIOUS WEEDS and Canada thistles to be cut down by railroad companies in Erie
county.
81
260
PAGE
OBLIGATIONS not redeemable except in gold or silver not to be issued .' 63
OBSTRUCTING CROSSINGS.— Agent or engineer obstructing crossings liable to penalty
of $25 26
companies obstructing free passage of any private road or crossing liable to penalty
of $30 68
OFFICE.— General or principal office for business to be established within the State 32
general or principal, when located out of State, company may be sued where property
located 35
governor to appoint directors, &c. when office not established in State 140
no corporation to enter into business until place of business reported to auditor-general... 154
general or principal, location to be determined by stockholders 165
location of, to be reported to auditor-general before going into operation 216
foreign corporations not to do business in State until office established and agent
appointed \ 215
every railroad company to keep office for business and transfer stock in the State 233
OFFICERS. — Companies whose works are principally within State to hold elections within
State 32
stockholders, under general law of 1849, to elect president and twelve directors second
Monday in January 41
president and directors, under general law of 1849, to exercise all powers granted the
corporation 42
not to be directors, receiving salaries, nor surety for officer, nor interested in contracts... 79
— ^ not to be interested in contracts for supplies or transportation lines on road 224
OPERATING CONTRACTS for traffic and rates and use of road to be entered into 115
when interfered with, court to enjoin 169
ORGANIZATION.— How to be effected under general law of 1849 40
after sale under process or decree of court 95
of company under act 28th April, 1871 184
PAPERS AND BOOKS may be examined by auditor-general and State treasurer to verify
returns made 162
PASSES. — No railroad company having accepted Article XVII. of Constitution to grant free
passes 234
PASSENGER RAILWAYS in Philadelphia to pay tax on gross receipts for Centennial
Exposition 205
PENALTY for not filing statement of cost of road, under general law of 1849, $IO° 7
for not constructing bridges and causeways over railroad, all damages sustained 8
for injuring railroad, placing obstructions, &c., three times actual damage 9
for allowing flour, corn, and meal to be wet and damaged, twenty-five cents per cask and
actual damage n
for injury to passenger by driver, engineer, or conductor, $50 and imprisonment la
for setting fire to wooden bridges, punishment for arson and $2000 fine xa
for not reporting passengers and contents of cars on city railroad, fine 22
for obstructing crossing of public street or road by locomotives or cars, $25 26
for injury to railroad, car, implements, engine, &c., three times actual damage 48
for removing or destroying railroad, so as to injure passengers, imprisonment not over
three years 49
26 1
PAGE
PENALTY for transporting gunpowder without marking it "gunpowder," $50 fine and
imprisonmeat 64
for issuing checks, orders, or due bills, not redeemable in gold or silver, charter to be
forfeited. 63
for obstructing private road or crossing by cars or engines, $30 68
for breaking down and carrying away fences, $10 (repealed) 69
for not weighing coal received for transportation in Schuylkill county, $50 76
for a director to act as an officer under salary, forfeit office and fine $500 79
for causing injury to passenger by driver, conductor, or engineer, $500 and imprison-
ment 91
for selling or disposing goods entrusted for transportation, $500 and imprisonment 92
for casting obstructions, removing rails, switches, lights, machinery, &c., $10,000 and
imprisonment 92
for throwing missiles at engine, car, tender, or truck, $1000 and imprisonment 93
for not canceling or returning tickets, embezzling, or stamping, $1000 and imprisonment... 97
for not cutting down Canada thistles and noxious weeds, $15 102
for selling tickets without lawful authority as agent, $500 and imprisonment in
for not obeying rules of company, and injury or loss of life results, 55000 and imprison-
ment 119
for breaking down or carrying away fences or material, $50 and imprisonment 122
for excluding persons from cars on account of color or race, $500 and imprisonment 136
for not erecting and maintaining fences along tracks in Erie county, $50, besides dam-
ages to owner 141
for not erecting and maintaining fences along tracks in Warren county, persons may
recover cost of erecting 142
for not erecting and maintaining fences along tracks in Centre county, $50, besides
damages to owner 151
for not erecting and maintaining fences along tracks (when destroyed by fire) in Erie
county, $50, besides damages to owner 153
for not reporting to auditor-general name, date, capital, &c., $500 154
for not reporting to auditor-general capital paid, date, amount, and rate per cent, of divi-
dends, ten per cent, added to tax 155
for not retaining and paying over tax on capital stock from dividends, directors, man-
agers, or treasurer liable 15?
for not reporting net earnings to auditor-general, ten per cent, added to tax 157
for not reporting and paying tax on gross receipts, ten per cent, added to tax 159
for not reporting amount of coal mined and purchased, ten per cent, added to tax 160
for not reporting amount of interest paid, treasurer shall forfeit amount of commission
allowed 162
for neglecting to fence roads in Warren and other counties, answerable to owners 172
for recklessly injuring or destroying trunk, valise, box, &c., $100 174
for not making report to auditor-general of operations and affairs, $5000 178
for not filing articles of association, under act 28th April, 1871, $50 184
for not reporting to auditor-general mineral statistics, $100 186
for trespassing on cars in Berks county, riding without paying fare, $5 191
for vagrancy about railway property in Susquehanna depot, $10 and costs 207
for neglecting to file certificate of increase of stock, $5000 213
for neglecting to report to auditor-general amount of stock, bonds, &c 214
for neglecting to report to auditor-general name, place, stock, &c 216
for neglecting to report to auditor-general dividend declared or value of stock 218
for neglecting to report coal mined and pay tax on same, ten per cent, added 220
for doing business in State before establishing office and appointing agents 216
for delivering explosive or dangerous material for transportation without information
and marking 222
262
FAGB
PENALTY for violations of act May isth, 1874, prohibiting interest in contracts and
transportation lines 225
for granting free passes by companies having accepted Article XVII. of Constitution 234
PENNSYLVANIA RAILROAD COMPANY authorized to run their cars and locomo-
tives over connecting roads 72
act 3d March, 1853, repealed as to carrying passengers and baggage on Philadelphia
and Columbia Railroad 86
PENNSYLVANIA HOSPITAL.— Railroad and other works forbidden to be constructed
or built upon lands of. 199
PERISHABLE GOODS may be sold, under order of court, where consignee not known... 113
PERRY COUNTY.— Act February 2ist, 1872, to prevent trespass on cars in Berks,
extended to Perry 198
PETROLEUM. — Production of, to be reported to, collected, and published by auditor-
general 186
PHILADELPHIA. — City councils to require returns of passengers and freight on city rail-
roads 22
loans of city and incorporated districts liable to taxation for State purposes only 75
no railroad terminating in city to be constructed without submitting plans to board of
surveys 78
city of Philadelphia not to charge tolls on city railroad for greater distance than used.... 86
offices, depots, and other property, except superstructures, liable to taxation for city
purposes 90
act 2ist April, 1855, section 10, not to apply to railroads using steam-power 116
wharves, docks, or piers not to be constructed in Philadelphia without consent of port
wardens 120
PHILADELPHIA COUNTY.— Act February 2ist, 1872, to prevent trespass on cars in
Berks, extended to Philadelphia 198
PHILADELPHIA AND ERIE RAILROAD.— The guage of railroads authorized to
connect with Philadelphia and Erie Raiload to be of same guage no
PHILADELPHIA, WILMINGTON AND BALTIMORE RAILROAD to connect with
other railroads in Philadelphia county 16
PHOSPHORUS. — Delivery for transportation, storage, and sale regulated 222
PICKPOCKETS found at any railroad depot in Erie or Crawford counties, to be arrested
and committed for ninety days 130, 132
PIERS, DOCKS, WHARVES.— Companies whose lines reach or cross streams to have
right to acquire piers, docks, wharves 120
PITTSBURG.— All real estate of railroad companies subject to taxation for city purposes... 91
PITTSBURG AND CONNELLSVILLE RAILROAD excepted from act i7th February,
1870, authorizing leases and contracts 175
PLACE OF BUSINESS.— Companies, when works are principally in the State, shall locate
their principal office in the State 140
to be reported to auditor-general before commencing to do business 154, 216
to be established and agent appointed in State by foreign corporations 215
to be maintained in the State by every railroad company, for business and transfer 233
PLANK ROADS AND RAILROADS.— Law of 5th April, 1849— not over three miles 5*
PLANS, MAPS, AND PROFILES of projected roads to be filed in canal commissioners'
office 18
PLANS AND SURVEYS.— No railroad terminating in city to be constructed without sub-
mitting plans to board of surveys 78
POLICE FOR RAILROAD, to be appointed by governor on application of railroad
company 118
POLICEMEN to be appointed in Erie, Crawford, Venango, and Warren counties for pro-
tection against pickpockets, &c 131
POTTER COUNTY.— Plank roads and railroads (law of 5th April, 1849) not over three
miles 51
POWERS AND PRIVILEGES of companies organized under general railroad law of 1849.. 39
of companies organized under railroad law of April 4th, 1868 146
263
PAGE
PREFERRED STOCK may be issued to extent of one-half of capital ; dividends, twelve
percent I9a
holders of, not to be liable for debts of company ^a
issued under act April 3d, 1872, may be issued in classes and order of preference 208
PRESIDENT and twelve directors to be elected, under general railroad law of 1849 41
and directors to exercise all the powers, under general railroad law of 1849 42
not to be interested in contracts for supplies nor in transportation lines on road 224
PRIVATE RAILROADS not to be constructed to connect with roads in Ohio or New
York 7I
PROCESS may be served on toll-gatherer of any incorporation, same as if on president, &c.. 10
may be served on president or other principal officer, cashier, treasurer, secretary, or
chief clerk 13
may be served on manager or director — officer may go into adjoining county to serve 21
service valid on director, manager, or other officer, where office located and president,
&c. reside out of State 35
under general law of 1849, service may be on president, secretary, treasurer, engineer,
agent, or director 48
n pres
ght
where suit brought ................................................................................................ 68
in cases against company for obstructing private road or crossing, process may be
served on agent ..................................................................................................... 69
in ejectment may be served on person having charge of land as agent or on behalf of
claimant ............................................................................................................... 73
may be served on director, when president, treasurer, secretary, or chief clerk not in
county .................................................................................................................. 85
may be served in any county, if president, &c. not found in county where suit brought... 85
scire facias on judgment for laborers' wages may be by one service and one return of
nihil habet ............................................................................................................ 104
when office located out of State, and officers not found in State, service may be by
publication ........................................................................................................... 105
how served on stockholders to enforce payment of installments for stock ....................... 224
PROXIES. — Proxies to vote shall be obtained and dated within six months of election ........ 3
proxies to vote shall be obtained and dated within six months of election (general railroad
law of 1849) ........................................................................................................... 42
PUBLIC ACCOUNTS.— On settlements, twelve per cent, interest charged, and twelve per
cent, on balance, if not paid in sixty days ............................................................... 162
erroneously made up, may be revised and restated ........... '. .......................................... 167
PUBLIC HIGHWAYS.— Railroads constructed under general law of 1849 to be ............... 49
PURCHASES OF STOCKS AND BONDS.-Companies may purchase stock and bonds,
and contract for use or lease of other roads ............................................... ~ ............ 97
of companies of this or any other State may be made by companies in this State ............ 165
railroad and canal companies may purchase stock and bonds of coal, iron, and other
companies ............................................................................................................. 17°
canal, navigation, and railroad companies may purchase stock and bonds and lease
works of each other ............................................................................................... 180
private corporations may subscribe for or purchase stock and bonds of American Steam-
ship Company ...................................................................................................... 182
authorized between canal, navigation, and railroad companies in certain counties ....... 188
PURCHASE OF RAILROAD, when sold under process or decree of court, regulated,
and organization of new company provided ............................................................ 95
debts due Commonwealth by railroad sold by decree of court, to be secured before
purchasers organize ............................................................................................... IO5
where railroad sold by assignee or trustee, same privileges conferred as in act 8th
April, 1861 ............................................................................................................ "5
company purchasing any railroad sold under authority, to issue stock for value of road... 129
company purchasing any railroad sold under authority, to have rights of company
whose road was sold .............................................................................................. I29
264
PACK
PURCHASE OF RAILROAD.— Act 8th April, 1861, to apply to all sales under power
in mortgage, without process of court 135
purchasers of railroad property under judgment and execution to take clear of liens,
except mortgages 177
QUARTER SESSIONS authorized to change names of corporations (repealed) 23
act 4th April, 1843, authorizing quarter sessions to change names, repealed, and court
of common pleas authorized ... 172
QUORUM of directors, under general railroad law of 1849, to consist of seven directors 42
when directors increased under authority of law, majority to constitute a quorum 170
QUO WARRANTO. — When corporation dissolved upon proceedings of quo ivarranto,
property to pass to officers in trust, &c 194
RAILWAY POLICE to be appointed by governor when requested by railroad companies.. 118
RACE OR COLOR. — Penalty for refusing to carry or excluding persons on account of
race or color 136
REAL ESTATE to be purchased, held, and sold by companies under general railroad law
of 1849 39
to be purchased, held, and sold by companies under general railroad law of 1868 148
and other property of dissolved corporations to vest in persons in office at dissolution, in
trust for stockholders and creditors 194
of dissolved corporations to be sold by officers last in office or trustee to be appointed 215
RECEIVER, to be appointed by Supreme Court, of assets of corporations dissolved under
quo warranto '... 194
REDEMPTION OF TICKETS by railroad companies when not used, paying difference
between whole fare and rate for distance traveled 112
proviso of act 6th May, 1863, amended to prohibit sale of unused tickets except to
railroad company 197
REGISTRATION OF BONDS may be made in name of holder, and transferred on books.. 208
REGULATION of railroad corporations, articles of association, letters patent, &c 231
RELOCATION of railroads to be contracted for with county authorities 232
REMISSION of forfeiture of charters; acceptance of Constitution 227, 236
REMOVAL OF ACTIONS may be made to any adjacent county through which works do
not pass 10
costs of suits removed shall be borne by county in which suit was brought 15
actions brought on contracts, expressed or implied, not to be removed 20
act i4th April, 1834, for removal, extended to all suits for damages as for other cause... 96
all proceedings for assessment of damages to be held in county where real estate situate.. 154
authorized to any adjacent county, on filing affidavit that removal not intended for
delay, &c 181
expenses of trial of suits removed underact 28th April, 1870, to be paid by county from
which removed _ 190
Lancaster, Venango, and Berks counties exempt from act 28th April, 1870, relating to
change of venue 192
265
PAGE
REPEAL. — Reservation by legislature of right to repeal or alter lateral railroad law of 1832, 10
act of i4th April, 1834, for removal of actions, repealed as to suits on contracts 20
act of 5th May, 1832, prohibiting writ of error, repealed 20
act of i6th June, 1836, repealed as to requiring service on defendant not resident of
county 25
act of sth May, 1832, and z8th March, 1840, repealed as to Cambria county 29
act of sth May, 1832, repealed as to limitation of act to certain counties 38
of all laws regulating guages of railroads 73
of laws relative to sale of Allegheny and Beaver county bonds below par 77
act 3d March, 1853, so far as relates to passengers and baggage over Columbia railroad... 86
actofi6th March, 1858, in reference to liens of common carriers 113
act imposing a penalty for throwing down fences, and enacting another 122
act i2th April, 1859, as to tax on shareholder for shares on which corporation pays tax.. 139
of acts inconsistent with act of 4th April, 1868, for formation of railroad companies 151
of all laws authorizing removal of proceedings for assessment of damages, as to North-
umberland county 154
of all acts and parts of acts inconsistent with general tax law of ist May, 1868 163
of act toth April, 1867, authorizing sale of property upon bonds same as upon mortgage.. 171
of act 4th April, 1843, giving authority to quarter sessions to change names of
corporations 172
amended, of acts inconsistent with tax law of ist May, 1868 173
of acts and parts of acts inconsistent with act of gth. April, 1870, for reports to auditor-
general 179
of State tax on earnings, stock, gross receipts, &c., act of May ist, 1868 201
of parts of acts of May ist, 1868, and March 2ist, 1873, relative to State taxes 221
of last proviso of first section of act April gth, 1872, relating to wages 223
REPORT to legislature, and statement to stockholders, under act 1849 (general railroad
law) 49
REPORT TO AUDITOR-GENERAL of name, date, place of business, capital paid in,
and names of president and treasurer 154, 216
of amount of capital paid in, date, amount and rate per cent, of dividends declared..iss, 217
of number of tons of freight carried over, through, or upon works of company 158
of gross receipts derived from all sources during preceding six months 159
of net earnings received from all sources during preceding year 157
of amount of coal purchased or mined during preceding three months 160
of amount of interest paid creditors or bondholders during preceding year 161
of operations and affairs of corporations at end of fiscal year, 9th April, 1870 178
of mineral statistics — coal, coke, petroleum, salt, iron ore, zinc, &c 186
of interest paid on bonds and other indebtedness aox
of name, place, capital, officers, &c. before doing business 218
of amount of coal purchased or mined during preceding six months 220
REPORT TO SECRETARY OF INTERNAL AFFAIRS, in lieu of auditor-general,
mineral statistics 229
RESERVATION by legislature of right to repeal or alter lateral railroad law of 1832 10
by legislature of right to resume, alter, or amend charter under act of 1849 (general
railroad law) 5<>
by legislature of right to repeal act 3d March, 1853, for running locomotives and cars on
connecting roads 73
by legislature of right to alter, revoke, or annul charters 81
by legislature to alter, amend, or repeal act of 4th April, 1868, for formation of railroad
companies I51
RESUMPTION by State of railroads constructed under act of 1832, on payment of cost 7
RETAIN OLD TRACK.— Companies to retain possession of old railroad track when line
straightened or improved *9a
266
PAGE
RETURNS TO AUDITOR-GENERAL of number of tons of freight carried and tax on
same (supplied) '. 117
REVOCATION.— Every charter granted subject to be altered, revoked, or annulled by
legislature 81
RULES OF RAILROADS, when not obeyed, and injury or loss of life results, penalty $5000
and imprisonment , 119
SABBATH DAY. — Companies not required to attend their works on Sabbath day to
expedite passage of boat, craft, or vehicle . 26
SAFETY OF TRAVELERS.— Persons injured or killed through disobedience of rules,
penalty $5000 and imprisonment 119
SALES OF GOODS upon which carriers have lien for carriage, storage, or labor 113
SALES OF RAILROADS.— Provisions for, and organization of companies when railroad
sold under decree of court 95
purchasers of railroads sold under decree of court to secure debts due Commonwealth... 105
and conveyance by trustee or assignee, to confer same privileges as if under order of
court.... 115
companies may purchase connecting roads sold and issue stock to pay for same 129
purchasers of roads sold under power in mortgage to have rights conferred by act 8th
April, 1861 135
act loth April, 1867, for sale of railroad on bonds same as on mortgage, repealed 171
and franchises under judgment authorized, all liens divested except mortgages 177
SALE OF RAILROAD PROPERTY by companies organized under general railroad law
of 1849 39
SALE OF REAL ESTATE of dissolved corporations by officers last in office, or trustee... 215
SALT to be included in returns to auditor-general, for mineral statistics 186
SCHUYLKILL COUNTY.— Lateral railroad law extended only to Lycoming, Luzerne,
Schuylkill, and Northumberland counties 9
coal received at stations for transportation to be weighed 76
act nth April, 1862, to protect wages of labor, limited to Schuylkill and other counties.. 108
companies to aid coal, iron, and other companies in development of material interests... 170
railroads not used for five years, decayed, and out of repair deemed abandoned 183
act February zist, 1872, to prevent trespass on cars in Berks, extended to Schuylkill 198
SECRETARY OF INTERNAL AFFAIRS to issue blanks and receive and publish
returns 229
SEQUESTRATION to be awarded when execution returned unsatisfied in whole or in
part , 13
act of i6th June, 1836, as respects sequestration, not to apply to unfinished railroads.... 90
in lieu of sequestration, sale of railroad and franchises under judgment authorized 177
SERVICE OF PROCESS may be made on toll-gatherer same as if on president, &c 10
may be made on president or other principal officer, cashier, treasurer, secretary, or
chief clerk 13
may be on manager or director ; if no manager or director, officer to go into adjoining
county 21
valid on director, manager, or other officer, when office located, and president, &c. reside
out of State 35
under general law, on president, secretary, treasurer, engineer, agent, or director 48
in any county where agency, on president, cashier, agent, chief clerk, director 68
in suits for obstructing private road or crossing, made on agent or other employee 69
267
PAGS
SERVICE OF PROCESS in ejectment may be made on agent or superintendent in charge
of property -. 74
may be made on director or manager, if president, &c. not found 85
may be made in any county, if service cannot be made where suit brought 86
scire facias on judgment for laborers' wages, one service and one nihil return 103
where office of company located out of State, made by publication of writ 106
on stockholders to enforce payment of installments due for stock 224
SHIPPERS, DROVERS, to enter stock-yards to feed cattle and cars to place bedding 114
STATEMENTS, under general law, to be made annually to stockholders of affairs and
proceedings 49
STEAM-POWER. — Act 2ist April, 1855, section 10, not to apply to railroads using steam-
power 116
STOCKHOLDERS, under general railroad law of 1849, to meet annually on second
Monday in January 41
under general law, to have one vote for each share ; proxies to be signed within three
months 42
under act 24th March, 1865, to approve of agreement for consolidation 124
under act 24th March, 1865, refusing to convert stock to be paid damages or value 126
entitled to one vote for each share at all general meetings or elections 128
directors, or corporators, not citizens, majority to determine where meetings to be held.. 130
to appoint judges of election when they do not attend or directors do not appoint 134
directors must be stockholders ; citizens of United States eligible to office of director 135
suits against stockholders or directors to be brought within six years of neglect, &c 137
not to pay tax on stock on which a tax is paid by the corporation 139
to determine by vote the number of directors that shall govern affairs 152
to determine where general office located and where meetings and elections held 165
to ratify agreement of consolidation and merger 168
of preferred stock not to be liable for any debts of the company 192
may petition for a receiver when corporation dissolved under quo -warranto 194
to hold election to determine upon increase of stock 212
service of process on non-residents to enforce payment of installments due on stock 224
to consent to acceptance of Article XVII. of Constitution 230
STRAIGHTEN. — Companies authorized to straighten, widen, deepen, enlarge, or improve
lines 166
acts 9th April, 1856, sections i and 2, and 27th April, 1855, section i, extended to
straightening, widening, and improving lines = 185
original railroad may be retained when an improved or straightened line substituted 192
SUPREME COURT to have chancery powers in all cases of mortgages by corporations 106
to restrain, by injunction, interference with right to connect with other roads 169
may appoint a receiver when corporation dissolved under quo -warranto 194
SURPLUS FUNDS may be invested in mortgages, ground-rents, loans, shares, public
debt, &c 143
SURRENDER OF CHARTER.— Common pleas may grant applications for surrender of
charters 85
SUSQUEHANNA CANAL COMPANY exceptedfrom operation of acts authorizing leases
and contracts for use of roads 185
SUSQUEHANNA COUNTY AND OTHER COUNTIES.— Railroad and canal com-
panies to consolidate with each other 188
vagrancy about railroad property in Susquehanna depot to be punished 207
268
PAGE
TAXATION.— Loans of Philadelphia City and districts liable to State tax only 75
mileage for tonnage tax, nearest whole number of miles, adding or rejecting fractions.... 75
all railroad property in Philadelphia to be liable to city taxation, except superstructure.. 90
all railroad property in Pittsburg to be liable to city taxation, same as other real estate... 91
tonnage tax to be paid (supplied by act ist May, 1868) 117
stockholders not liable for tax on stock upon which tax is paid by the corporation 139
general State tax law, ist May, 1868 154
capital stock paid in to be reported to auditor-general before business commenced.. ..154, 216
capital stock paid in to be reported to auditor-general with dividend declared 155, 217
capital stock to pay tax of one-half mill per one per cent, of dividend declared ; three
mills when no dividend 155
on net earnings — to be three per cent, upon annual net earnings 157
on tonnage — to be two cents, three cents, and five cents per ton on articles specified 158
on gross receipts — to be three-fourths of one per cent, upon gross receipts 159
on coal — to be four cents per ton of anthracite on coal-mined or purchased 160
on bank shares — to be one per cent, on par value of shares held by shareholders 160
on interest paid — to be five per cent, on each dollar of interest paid 161
on capital stock (not railroad stock) — to pay bonus of one-fourth of one per cent, on
amount authorized 163
on tonnage — on coke and crushed rock sand not greater than on products of mines 164
repealing clause in act ist May, 1868, amended 173
on increase of fifty per cent, of stock to be same bonus or tax as now assessed on capital.. 174
for State purposes, repealed and revised as to earnings, receipts, interest 200
for Centennial Exposition — of gross receipts of passenger railways 205
general tax law of 1874, April 24th 216
capital stock to pay tax of nine-tenths mill per one per cent, of dividend declared; six
mills when no dividend 218
for State purposes — on franchises of coal mining companies 220
TAXABLE PROPERTY to be returned by commissioners and board of revision 228
TELEGRAPH. — Proceedings to be commenced against companies constructing unauthor-
ized lines 180
THIEVES found at railroad depots in Erie and Crawford counties to be arrested and com-
mitted 130
policemen to be appointed in Erie, Crawford, Venango, and Warren, for protection
against 131
THISTLES. — Companies operating in Erie to cut down Canada thistles and noxious weeds.. 81
Canada thistles to be cut down all over State, penalty $15 102
TICKETS REDEEMED by paying difference between whole fare paid for ticket and fare
for distance carried 112
proviso in act 6th May, 1863, amended to allow sale of unused tickets only to company, 197
TICKETS NOT CANCELED or returned by employee, tickets fraudulently stamped
and sold, penalty, $1000 and imprisonment 97
TIOGA COUNTY.— Lateral railroad act sth May, 1832, extended to Tioga county 20
TIOGA RAILROAD excepted from acts regulating guages of railroads 72
TITLES held by aliens and conveyed to citizens may be held and conveyed not subject to
escheat 95
provisions of act gth January, 1861, relative to titles held by aliens and corporations,
extended to sales prior to this act 173
TOLLS to be charged under lateral railroad law of 1832 7
on city railroads established and distances regulated 22
to be charged under general railroad law of 1849 5°
on lateral roads in Allegheny county same as by other roads, in addition to lateral tolls, 69
269
PACE
TOLLS on city railroads not to be charged for any greater distance than used 86
on connecting railroads, leased or contracted, not to be higher than authorized by
charter of either company <j!
TONNAGE TAX to be paid (supplied by act ist May, 1868) xi7
TRAFFIC CONTRACTS may be entered into with canal companies, with reference to
rates and expenses 115
TRANSFERS of stock, under general law of 1849, not to be made within sixty days of
election 42
of stock under general law of 1849 to be made in book of company in person or by
attorney 43
and sales of stock by married women authorized with same effect as if unmarried 189
may be made by foreign executors, &c. on filing copy of will or other grant of authority... 193
of bonds after registration may be made on books of company 208
TRANSFER of stock by married women may be made as if unmarried an
of stock without liability to see to execution of any trust 229
of stock, office for, to be maintained by every company in the State 233
TRANSITU. — Companies not to be liable in attachment when goods in transitu and beyond
State lines 78
selling or purchasing goods fraudulently while in transitu, penalty, $500 and imprison-
ment 93
TRANSPORTATION LINES.— Officers and others not to be interested in, lines on road... 224
TREASURER. — Individually liable for neglect of company to pay tax on capital stock 219
TRESPASS by construction of any building, wharf, switch, or other device, penalty, $100.. 17
or placing obstructions on or removing any part of railroad, penalty, imprisonment 49
on cars in Berks county and riding without paying fare, penalty, $$ 191
act 2ist February, 1872, to prevent trespass on cars in Berks, extended to other counties.. 198
act 2ist February, 1872, to prevent trespass on cars in Berks, extended to Delaware 207
TRIAL BY JURY.— Parties aggrieved by report of viewers to appeal to court 81
act 27th April, 1855, to apply to all cases pending at time of passage 83
TRUSTEES' LIABILITY.— Trustees not to be personally responsible for injury by col-
lision, force, or violence on railroads 87
Trustees holding Allegheny county bonds may exchange for railroad stock without
liability for depreciation 94
TRUSTEES holding stock or bonds of company authorized to merge may exchange for
that of consolidated company 197
TUNNELS.— Companies using tunnels and bridges to charge companies using them for
such use 128
TURNPIKES, plank roads, and railroads three miles long, by individuals, under turnpike
law _. 51
UNAUTHORIZED LINES.— Proceedings to be instituted against all companies which
have constructed l&°
UNCLAIMED DIVIDENDS for three years to be published four weeks 30
UNCLAIMED GOODS, upon which carrier has claim for freight not paid 1x3
UNFINISHED RAILROADS.— Sequestrators not to be appointed in cases of executions
against unfinished railroads 9°
2/0
PAGE
UNION COUNTY.— Act 27th February, 1872, to prevent trespass on cars in Berks, ex-
tended to Union ....................................................................................................... 198
USURY. — Not usury to issue bonds for larger amount than the sum actually received ......... 21
not usury to dispose of bonds for less than par value
VAGRANTS loitering around depots in Erie, Crawford, Venango, and Warren to be
arrested .... 171
loitering about railroad property in Susquehanna depot to be punished 207
VENANGO COUNTY.— Act sth April, 1849, lateral railroads, extended to Venango
county 64
vagrants loitering around depots in Erie, Crawford, Venango, and Warren to be arrested.. 131
act 28th March, 1868, and supplement, relative to fencing railroads, extended to Venango
county 172
exempted from act 28th April, 1870, relating to change of venue 192
VICE-PRESIDENTS.— Directors to add to their number members who shall act as vice-
presidents ...» 165
may be elected by directors from among their number, and duties prescribed 210
VIEWERS to be appointed to assess damages, under lateral railroad law of 1832 5
to be appointed to assess damages, to take into consideration advantages 5
to be appointed to assess value of materials taken for lateral roads 7
to assess damages under general railroad law of 1849 46
to lay out, vacate, and change streets in Mifflin county 66
to assess damages for lands in Dauphin county 66
may be appointed before or after entry on land or taking materials 84
• under act sth May, 1832, to report on necessity for railroad as well as damages 89
appeal to court shall extend to necessity of proposed railroad, &c., as well as to damages.. 182
VOTE. — One each share, under general railroad law of 1849 42
one each share given to stockholders of all companies accepting, except municipal cor-
porations I2&
WAGES of workmen, &c. to be preferred and paid in cases of assignment 2»
in suits for wages arbitrators may require either party to produce books and papers 20
of laborers, &c., in cases of assignment, shall be first paid to extent of $100 75
chattel mortgages authorized to secure wages of labor, &c 88
scire facias may issue on judgment for wages of workmen, contractors, &c... 103
shall be first paid in cases of assignments, decedents, executions, &c 106
of mechanics, miners, &c. to be preferred in cases of assignment, execution, insol-
vency, &c 195
proviso to section 4 of act gth April, 1872, not to apply to coal-lease mortgages 223
WARREN COUNTY.— Railroads and plank-roads three miles long may be constructed
by individuals 51
vagrants may be arrested and thieves detected; burglars, gamblers, pickpockets 130, 131
PAGE
WARREN COUNTY. — Companies operating in Warren county to construct fences on
either side of tracks 142
companies failing to perform duties relative to fencing; penalties 172
WASHINGTON COUNTY.— Act sth May, 1832, lateral railroads, extended to Washing-
ton county 36
WAYNE COUNTY. — Canal and railroad companies may purchase stock and bonds and
lease lines of each other 188
WEEDS, NOXIOUS, and thistles to be cut down by companies operating in Erie county... 81
to be cut down all over State 102
WEIGH-MASTERS of railroads in Schuylkill county to weigh each separate consignment
of coal 76
WESTMORELAND COUNTY.— Act 2ist February, 1872, to prevent trespass on cars in
Berks, extended to Westmoreland 198
WHARVES and landings not to be taken from owner, if necessary to use of mill, quarry, &c.. 36
docks, and piers may be constructed, taken, and held by companies whose lines reach
or cross streams 120
WIDEN. — Companies may straighten, widen, deepen, and improve their lines 166
acts o.th April, 1856, and 27th April, 1855, applicable to proceedings to widen,
straighten, &c 185
original railroad may be retained when straightened or improved line substituted 192
WILL, copy of, or other authority, to be filed by foreign executors to enable transfers of
stock 193
WORKMEN.— Wages of workmen to be preferred and paid in cases of assignment 22
in suits for wages arbitrators may require either party to produce books and papers 29
scire facias may issue on judgment for wages of workmen, contractors, &c 103
WRIT OF ERROR.— Act sth May, 1832, lateral railroads, repealed as to prohibiting writ
of error 19
bail shall be taken absolute for debt, interest, and costs 35
allowed to either party in cases of appeal from report of viewers 83
WYOMING COUNTY. — Roads unused, decayed, or out of repair for five years deemed
abandoned 183
canal and railroad companies may purchase stock and bonds and lease lines of each
other.... *88
YORK COUNTY.— Act 2ist February, 1872, to prevent trespass on cars in Berks, ex-
tended to York »98
ZINC.— Quantity of zinc produced to be reported to auditor-general as " mineral statistics," 186
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