pany, having obtained judgment against the said company, to issue a scire facias upon said judgment, with notice to any person or to any incorporated company claiming to hold or own said real or personal estate, to be served in the same manner as a summons upon the defendant, if it can be found in the county, and upon the person or persons or incorporated 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 and 305.)

SECTION 1. That the several provisions of the twelfth section of the act of 16th April, 1845, entitled “An act to increase the revenues and diminish the legislative expenses of the Commonwealth," and of the fourth section of the act of the 21st 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 21st April, 1846, shall be so .construed as to require that the affidavit of defense shall set forth specifically the nature and character of the defense: Provided, That a county shall not be required to file an affidavit of defense.

AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT TO REQUIRE CORPORATIONS TO GIVE BAIL IN CERTAIN CASES, AND RELATIVE TO THE COMMENCEMENT OF SUITS AGAINST FOREIGN CORPORATIONS, &c., &c." APPROVED 15th MARCH, 1847.

Approved 11th April, 1862. (P. L., 1862, pages 449 and 450.)

SECTION 1. 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 whom process

this State, and where none of the officers upon 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 the process in such newspaper as the court may direct, for six weeks previous to the return day; and for every purpose of legal proceeding, such company shall be taken, both in law and equity, to be located in this State, and shall be liable to writs of quo warranto, mandamus, attachment, and execution, and service of such process, by publication as aforesaid, shall be, to all intents and purposes, as effective as if served upon the president of such company, or other officer of same, and he or they resident of the proper county of this State, and as if the company's office were within the State; and any property, of any description, of such company, within the State, shall be liable to attachment and execution; and any such property, which would be liable to attachment or execution, if the said office 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 resided in the county in this State in which the same is liable to be sued by the provisions of this act.

AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT CONCERNING THE SALE OF RAILROADS, CANALS, BRIDGES, AND PLANK ROADS." APPROVED 8th APRIL, A. D. 1861.

Approved 11th 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 GRANTING TO THE SUPREME COURT JURISDICTION OF A COURT OF CHANCERY IN ALL CASES OF MORTGAGES, ET CETERA.

Approved 11th April, 1862. (P. L., 1862, page 477.)

SECTION 1. That the Supreme Court of this Commonwealth shall have and exercise all the powers and jurisdiction of a court of chancery in all cases of mortgages given by corporations.

AN ACT TO PROTECT THE WAGES OF LABOR IN CERTAIN COUNTIES OF THIS COMMONWEALTH.

Approved 11th April, 1862. (P. L., 1862, pages 479, 480, and 481.)

SECTION I. That in all assignments of property, whether real or personal, which may hereafter be made by any person or persons, firm, company, or association, whether chartered or not, to trustees or assignees, on account of inability or pretended 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 association, 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 distribution; such claims being subject, however, to all legal objections 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 said real estate, except the lien of judgments and mortgages given for the purchase-money of the property on which there are liens, and the liens of judgments and mortgages entered prior to the commencement of the work for which such wages are due, and the liens of mechanics and material-men, filed under the act of 16th June, 1836, and its supplements, and except as may be in the foregoing sections excepted: Provided, That the persons who may be entitled to demand the claims intended to be preferred by the provisions of this act shall, in every case, first exhaust the proceeds of the personalty, if there be such, before resorting to the realty, and that no one claim so preferred, or hereby made a lien, shall exceed the sum of one hundred dollars: Provided further, That the lien pro

vided for shall not continue beyond the period of six months from the end of the time during which the work or service was rendered, unless judgment for the amount due shall, before that time, have been received, and a transcript thereof filed and docketed in the office of the prothonotary of the court of common pleas of the proper county.

SEC. 5. The provisions of the foregoing sections shall only apply to cases for the recovery of wages of labor done and performed, within six months immediately preceding the assignment, death, levy by execution mentioned therein.

SEC. 6. In all cases in appeals, by defendants, from the judgment of justices of the peace or award of arbitrators, obtained in any suit brought or to be brought, for the recovery of wages or salaries, by any miner, mechanic, laborer, or clerk, against any person or persons or chartered company, engaged in the mining of coal or manufacture of iron, either as owner of the soil or having a lease of coal-mine or mines, furnace or rolling-mill, the said defendant, or his agent or attorney, shall, before any such appeal be granted, declare, on oath or affirmation, in writing, that the appeal is not for the purpose of delay, but that the judgment to be appealed from is unjust, and for more money than is justly due.

SEC. 7. The provisions of this act shall extend only to the counties of Schuylkill, Bedford, and Blair.

(See act of April 9th, 1872.)

AN ACT AUTHORIZING RAILROAD COMPANIES TO RELOCATE THEIR ROADS IN CERTAIN CASES.

Approved 11th 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 Commonwealth, 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