18 June 1840 § 1. hold at any one time, shall not exceed five hundred acres, nor shall the capital stock thereof exceed one hundred thousand dollars.

P. L. 672.

Ibid. § 2.

2. Every such company incorporated as aforesaid shall be managed as the articles of association shall prescribe, which articles a majority of the stockholders may, from time to time, alter or amend, as they may think proper; and in order that a more general knowledge of the cultivation, production and manufacture aforesaid may be disseminated, any such company may cultivate a farm, and establish a school for the instruction of youth and others who may desire it, in the whole art and mystery of all or either of said branches of business, and may or may not connect therewith literary and scientific instruction: Provided, That said articles of association, before the granting of any charter, and any alterations afterwards made therein, shall receive the sanction of the judges of the court of common pleas of the proper county: And provided further, That the funds of the company authorized as aforesaid shall not be used for banking purposes.

1. Sinking fund constituted.

SINKING FUND.

See MUNICIPAL CORPORATIONS.

2. Annual assignments out of the general revenue. 3. Commissioners of the sinking fund. Their duties.

4. Minutes of commissioners.

5. To open books and keep accounts, in the treasury department. Penalty for misapplication of sinking fund.

6. Compensation of commissioners. Clerk, his duties.

7. Duties of commissioners of the sinking fund. Deposits.

8. Publication of statements. Redemption of public loans.

9. Annual reports of commissioners.

22 April 1858 § 1. P. L. 468.

12 Feb. 1876 § 1. P. L. 8.

Sinking fund constituted.

29 May 1891. P. L. 133.

Annual assignments.

12 Feb. 1876 § 2. P. L. 3.

Commissioners of the sinking fund.

Their duties.

Ibid. § 5.

Minutes of com

missioners.

10. Purchases by the commissioners of the sinking fund.

11. Commissioners to advertise for proposals for redemption of loan.

12. Monthly statements of amounts redeemed. 13. Records to be kept.

14. Treasurer to render monthly statements. To be recorded and open to inspection. Banks, &c., to render corresponding statements.

15. Quarterly statements to the commissioners. Redemption of public loans.

16. Investments of the sinking fund.

17. Credits for purchases.

18. Annual reports of the state treasurer.
19. Application of the sinking fund.

20. Penalty for neglect of duty.

1. For the purpose of paying the present indebtedness and the interest thereon, and such further indebtedness as may hereafter be contracted on the part of the commonwealth, the following revenues and incomes are hereby specifically appropriated and set apart, to wit:

The sinking fund shall consist of the proceeds of the sale of the public works, or any part thereof, income from or proceeds of the sale of any stocks owned by the commonwealth, and two-thirds of all the tax on the capital stock of all corporations of this commonwealth; the general revenue fund shall consist of one-third of all taxes on the capital stock of corporations, and all other revenues of this commonwealth.

2. Out of the general revenues of the commonwealth there shall be assigned to the sinking fund of the commonwealth, in each and every year, the sum of one hundred thousand dollars, in equal amounts, on the first business days of January, April, July and October: Provided, That for the remainder of the year one thousand eight hundred and ninety-one, there shall be assigned to the sinking fund out of the general revenues, the sum of fifty thousand dollars, in equal amounts, on the first business days of July and October. (d)

3. The secretary of the commonwealth, the auditor-general and the state treasurer are hereby constituted commissioners to receive the foregoing incomes and revenues, and apply the same, first to the payment of the accruing interest of the public debt, and second to the principal thereof, and not otherwise, except as provided in section four, article eleven, of the constitution of this commonwealth. And it shall be the duty of said commissioners, within ten days of the time of payment of interest upon the funded debt of the commonwealth, in the months of February and August in each year, to assign to said sinking fund such amount of surplus fund in the treasury as may not be necessary for current outlays, and may be required for the payment of said interest; and the amount so assigned shall be transferred to said sinking fund, and the account thereof kept as provided

in this act.

4. The said commissioners shall keep full and exact minutes of their proceedings, which shall at all times be opened to the inspection of the governor and legislature; and their annual report shall contain a detailed statement of their receipts and disbursements, the dates of the purchase of the public debt, the prices paid, and the place where said sale was effected.

(d) This is an amendment of the first section of the act 24 March 1891, P. L. 8.

5. It shall be the duty of the said commissioners, to open books in the state 12 Feb. 1876 § 6. treasurer's department, keep separate and distinct accounts of all moneys received P. L. 3. and disbursed under this act, specifying the source of revenue and when paid, and To open books and from time to time, as the funds paid in may justify, apply the same to the pay- keep accounts in ment of the accruing interest of the public debt and the principal, at or before the the treasury desemi-annual payments thereof may become due.

partment.

Ibid. § 7.

6. The said commissioners shall receive each an annual salary of three hundred dollars for their services; and are hereby authorized to employ in the treasurer's Compensation of department one clerk, at an annual salary of one thousand dollars, whose duty it commissioners. shall be to keep the books and minutes of proceedings, as provided for in this act, Clerk, his duties. and such other services as may be required by said commissioners.

ing fund.

Deposits.

7. It shall be the duty of the commissioners of the sinking fund, on the first 18 April 1870 § 4. business day of the months of March, April, May, September, October and No- P. L. 68. vember, respectively, when the certificate named in the preceding section of this Duties of commisact shall be furnished to them, forthwith to use the money shown to be due to sioners of the sinkthem thereby, in purchasing the interest-bearing indebtedness of the state, at current market rates, provided the same does not exceed three per cent above par; and they shall immediately cancel the said indebtedness, and charge the same to the sinking fund in the sinking fund ledger aforesaid, and file the cancelled evidences of indebtedness as vouchers for such payment. It shall also be the duty of the commissioners of the sinking fund, upon the delivery to them of the certificate named in the preceding section of this act, on the first business day of the months of January, February, June, July, August and December, to immediately deposit at the Farmers' and Mechanics' National Bank, in Philadelphia, to the credit of the state, the whole of the moneys shown by said certificates, respectively, to be due to the sinking fund, or such part thereof as, in their opinion, will be sufficient, with accruing balances, to pay the semi-annual interest then next maturing upon the debt of the state; and all of the moneys remaining thereof, after making such deposits, if any shall be by them forthwith applied to the purchase of the interestbearing debt of the commonwealth, in the same manner herein before specified; and the evidence thereof shall in like manner be cancelled, charged to the state sinking fund, and the vouchers duly filed as aforesaid.

8. It shall be the duty of the commissioners of the sinking fund, on the first 9 May 1874 § 18. P. L. 127. business day of each month, to prepare a statement of the total amount of money

in said fund, which, having been verified by oath or affirmation, shall be published Publication of in two newspapers in Harrisburg, for public information. The commissioners of statements. the sinking fund shall also, on the first business day in the month of May, August, November and February, in each and every year hereafter, apply all the moneys in the sinking fund to the redemption of an equivalent amount of the public debt. They shall forthwith give legal notice of the amount of said debt which they are prepared to redeem, that the said amount will be redeemed on presentation to the Redemption of designated disbursing agent of the state, and that the interest upon the certificates thereof shall cease from and after a day certain, to be designated by them, not more than ninety days after the publication of said notice: Provided, That the loans of the commonwealth shall be redeemed, as far as practicable, in the order of their maturity.

public loans.

Ibid. § 14.

9. The commissioners of the sinking fund shall, in their annual report to the legislature, annex tabular statements, showing the amount of each certificate of Annual reports of balance of moneys certified to the commissioners of the sinking fund, as over and commissioners. above the necessary reserve arising from the general revenue fund for the payment of current expenses, the amount of indebtedness redeemed, with dates of redemption, the amount of interest, the amount and date of maturity of the respective loans of the commonwealth, together with a summary statement of the receipts from all sources, and the expenditures of said fund, and a complete statement of the total amount of stocks and moneys therein, at the beginning and end of the fiscal year, verified by oath or affirmation.

10. The commissioners of the sinking fund are hereby authorized and required, 14 April 1870 § 2. P. L. 78. from time to time, with the surplus moneys on hand, to purchase for redemption such amounts of the state loans and certificates of indebtedness as the condition Purchases by the of the sinking fund will justify, at such rates as may be to the interest of the com- commissioners of the sinking fund. monwealth, purchasing those loans which first fall due, as far as practicable; such evidences of indebtedness, when redeemed, shall be cancelled and destroyed by said commissioners, after a detailed record of the same shall have been entered on the books of the auditor-general; and a report of all transactions under this section shall hereafter be included in the annual report of the commissioners to the legislature.

Ibid. § 7.

tion of loan.

11. It shall be the duty of the commissioners of the sinking fund, during the month of July next, and in every month thereafter, when they shall have funds Commissioners to in the treasury belonging to the sinking fund, to receive sealed proposals for the advertise for proredemption of any part of the loan of this commonwealth next becoming due; and posals for redempon the first Tuesday of each month thereafter, to meet and open such proposals, and award to the bidders all or such proportions of said bids, and at such rates as can be paid with advantage to the commonwealth, or as the condition of the treasury, present or prospective, may justify.

14 April 1870 § 8. P. L. 78.

Monthly state

12. On the first day of August next, and on the first day of each month thereafter, the said commissioners shall furnish for publication, in one newspaper each in the cities of Philadelphia, Harrisburg and Pittsburgh, a statement showing the ments of amounts balance in the state treasury, the amount of loan redeemed during the month, at what rates the same were redeemed, with such other information as they may deem proper for the information of the public.

redeemed.

Ibid. § 9.

13. A record of the proceedings of the said commissioners shall be kept, and all Records to be kept. proposals shall remain on file, properly indorsed, in the office of the state treasurer; and included in the report now required to be made to the legislature by the said commissioners, they be required to report all offers made for the redemption of loans, whether the same were accepted or rejected by them.

12 Feb. 1876 § 2. P. L. 3.

Treasurer to ren

ments.

14. The state treasurer shall, on the first business day of each month, render a statement of account to the auditor-general, giving in detail the different sums which go to make up the grand total of the amount on that day in the state treasder monthly state- ury, belonging exclusively to the sinking fund; such statement shall include the names of banks, corporations, firms or individuals with whom the moneys of said fund are deposited, with the various amounts of such deposits, the securities held by the state for the safe-keeping of the same, and the rate of interest or other To be recorded and consideration, if any, received by the state on such deposits, and shall be verified open to inspection. by the oath or affirmation of the state treasurer, and recorded in a book kept for that purpose in the auditor-general's office, and shall be open for the inspection of the governor, heads of departments, members of the legislature or any citizen of the state desiring to inspect the same. And each bank, corporation, firm or individual with whom such moneys are deposited, shall render on the first business day of each month, an account to the auditor-general, corresponding to that of the state treasurer, giving the amount of such moneys deposited during the month, the amount then on deposit, the rate of interest, if any, paid on such deposit, and the securities held by the state for the safe-keeping of such moneys.

Banks, &c., to render corresponding

statements.

Ibid. § 3. Quarterly statements.

Redemption of public loans.

6 June 1883 § 2. P. L. 76.

15. That it shall be the duty of the state treasurer to render a statement to the commissioners of the sinking fund, on the first business day of January, April, July and October, in each and every year, giving the balance remaining in the sinking fund in excess of the amount required to pay the interest on the public debt, whereupon the commissioners of the sinking fund shall authorize the purchase, by the fiscal agent of the state, of the loans of the commonwealth at the then market rates: Provided, That all such investments shall immediately be cancelled, by said agent, and a certificate of the same forwarded to the commissioners of the sinking fund in like manner, as if the said loan had been redeemed by the commonwealth.(e)

16. If, in the opinion of the commissioners of the sinking fund, the purchase of loans of the commonwealth cannot be made for the best interests of the comInvestments of the monwealth, it shall be the duty of the said commissioners, to authorize the purchase, sinking fund. by the fiscal agent of the state, of the bonds of the United States at the then market rates; the fiscal agent of the state shall make immediate return to said commissioners of the number and amount of each bond of the United States so purchased, and the premium paid therefor. And it shall be the duty of the state treasurer to enter on the "sinking fund ledger," the number, amount and premium paid for each United States bond so returned, as purchased by the fiscal agent of the state: Provided, That the sinking fund commissioners shall have the right to dispose of bonds purchased under this act, whenever the money shall be required for the extinguishment of the public debt: Provided further, That the sinking fund commissioners shall have authority to sell the bonds of the United. States, so purchased, whenever the loans of the commonwealth can be bought at such prices as they may deem for the best interests of the commonwealth, and state loans thus purchased shall be immediately cancelled as provided by section one of this act.

12 Feb. 1876 § 4. P. L. 4. Credits for purchases.

13 April 1870 § 5.

P. L. 68.

9 May 1874 § 15. P. L. 128.

Application of the sinking fund.

Ibid. § 16. Penalty for neglect of duty.

17. The state treasurer shall, in his monthly report to the auditor-general, take credit for the amount of such purchase made by the said fiscal agent, and shall also give the rate and amount of premium, if any, paid for such purchases.

18. The state treasurer shall annually, in his report on the finances, make out and furnish to the legislature two distinct statements of receipts and expenditures, one of which shall show in detail the aggregate monthly receipts from each source of revenue belonging to the sinking fund, and the other show in detail the aggregate monthly receipts from all other sources of revenue.

19. Except in case of war, invasion or insurrection, no part of the sinking fund of the state shall be used or applied otherwise than in the extinguishment of the public debt. And the moneys of the sinking fund, or any moneys from interest thereon, shall never be invested or loaned upon the security of anything except the bonds of the United States, or of this state.

20. The neglect or refusal on the part of the state treasurer, or of any of the commissioners of the sinking fund, to perform the duties in this act enjoined upon them, or the withdrawal by either of them of any of the moneys of the state

(e) So amended, by act 6 June 1883, P. L. 75.

P. L. 128.

deposited for the payment of the public debt, or the interest thereon, or of any 9 May 1874 § 16. moneys applicable to the payment of the current expenses of the government, without due warrant of law, or the appropriation of any interest funds which may be received upon the loans of moneys in the state treasury, shall be a misdemeanor in office, for which they or either of them may be impeached, and upon conviction thereof, removed from office.

SLANDER.

1. Limitation of actions.
2. Costs.

1. Actions upon the case for words [shall be commenced and sued] within one 27 March 1718 § 1. year next after the words spoken, and not after.(g)

2. In all actions upon the case for slanderous words, (h) to be sued or prosecuted, by any person or persons, in any court within this province, if the jury, (i) upon Costs. the trial of the issue in such action, or the jury that shall inquire of the damages, do find or assess the damages under forty shillings, (k) then the plaintiff or plaintiffs in such action shall have and recover only so much costs as the damages so given or assessed do amount unto, without any further increase of the same. e.(1)

SLAVES.

1. Master to be liable to overseers of district where slave shall become chargeable.

1 Sm. 76. Ibid. § 4.

2. Kidnapping free negroes with intention to sell into slavery.

P. L. 547.

1. Every person in whom the ownership or right to the service of any negro or 18 June 1886 § 27. mulatto slave shall be vested, shall be liable to the overseers of the district in which Masters to be liable (such) negro or mulatto shall become chargeable, for all expenses which such over- to overseers of disseers may be put to for the maintenance, support and interment of such negro or trict where slave mulatto, with the costs thereon.

shall become chargeable.

2. If any person or persons shall, by force or violence, take and carry away, or 31 March 1860 § 95. cause to be taken or carried away, or shall, by fraud or false pretence, entice or P. L. 406. cause to be enticed, or shall attempt so to take, carry away or entice, any free negro Kidnapping free or mulatto, from any part of this commonwealth, to any other place whatsoever negro with intenout of this commonwealth, with a design and intention of selling and disposing of, tion to sell into slavery. or of causing to be sold, or of keeping and detaining, or of causing to be kept and detained, such free negro or mulatto, as a slave or servant for life, or for any term whatsoever, every such person or persons shall be guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine not exceeding two thousand dollars, one-half whereof shall be paid to the person or persons who shall prosecute for the same, and the other half to this commonwealth, and to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding twelve years. If any person or persons shall hereafter knowingly sell, transfer or assign, or shall knowingly purchase, take a transfer or assignment of any free negro or mulatto, for the purpose of fraudulently removing, exporting or carrying such free negro or mulatto out of this state, with the design or intent, by fraud or false pretences, of making him or her a slave or servant for life, or for any term whatsoever, every person so offending shall be guilty of a misdemeanor and on conviction thereof, shall be sentenced to pay a fine, not exceeding two thousand dollars, one-half whereof shall be paid to the person or persons who shall prosecute for the same, and the other half to this commonwealth, and at the discretion of the court, to undergo an imprisonment, by separate or solitary confinement at labor, not exceeding twelve years.(m)

(g) Extended to actions for libel, by act 25 April 1850. See tit." Limitation of Actions."

(h) An action for slander of title is not within the act; nor one for words not in themselves actionable, for in such case the special damage is the cause of action; so if, in an action for words in themselves actionable, a substantive injury, which would of itself be a sufficient ground of action, independently of the words, be alleged as a distinct fact, and not laid as a mere consequence of the words, any damages, however small, found upon a general verdict for the plaintiff, will entitle him to full costs. Moon v. Long, 12 P. S. 207. Bright. Costs 42.

(i) An award for one dollar and costs only entitles the plaintiff to as much costs as damages. Brown v. Ettla, 1 Pears. 180. s. P. Repowick v. Rice, 41 L. I.

429.

(k) To be reckoned in Pennsylvania currency. Chapman v. Calder, 14 P. S. 357.

(1) This act is not obsolete. McCarrigher v. Wilcox, 2 Luz. L. Reg. 208. It does not apply to cases of libel, nor where words spoken are not actionable per se, and the special damage is the gist of the action. Ruth v. Edelman, 2 Leg. Gaz. 125. Juries and arbitrators are not bound by this act, but may give full costs, although the damages found be under forty shillings. Stuart v. Harkins, 3 Binn. 321. Lewis v. England, 4 Ibid. 15. Hinds v. Knox, 4 S. & R. 417. Lentz v. Stroh, 6 Ibid. 39. Gower v. Clayton, Ibid. 85. Wilkinson v. Grey, 14 Ibid. 345. Moon v. Long, 12 P. S. 207. See Repowick v. Rice, 41 L. I. 429.

(m) The residue of this section has been rendered obsolete by the 13th amendment to the constitution. The part preserved in the text can have no application, except in the single case of kidnapping, for the purpose of selling into slavery, in a foreign country, in which slavery is tolerated.

SODOMY.

See CRIMES.

SOLDIERS AND SAILORS.

See BOUNTIES; NATIONAL GUARD; PENSIONS.

I. Preference for appointment.

1. In every public department and upon all public works of the state of Pennsylvania, honorably discharged Union soldiers, sailors and marines of the late rebellion, shall be preferred for appointment and employment; age, loss of limb discharged soldiers. or other physical impairment, which does not in fact, incapacitate, shall not be Age, loss of limbs, deemed to disqualify them, provided they possess the other requisite qualifications. &c., not to disqualify, &c.

II. Commissions and discharges.

2. It shall be unlawful for any person or persons who has or have the possession or control of, or who may hereafter become possessed of, the commission or Withholding com- discharge papers of any officer, soldier, sailor or marine of the United States army or navy, to withhold the same from the party named in such commission or discharge when such officer, soldier, sailor or marine shall demand possession thereof.

3. It shall also be unlawful for any person or persons having the possession of any commission or discharge, as aforesaid, to wilfully destroy, mutilate, or de