thousand eight hundred and sixty-six, and that the said county of Allegheny shall not be subject to the provisions of said act, directly or indirectly. AN ACT FOR THE PROTECTION OF FARMERS AND OWNERS OF CATTLE, HORSES, SHEEP, AND SWINE ALONG THE LINE OF RAILROADS IN THE COUNTY OF WARREN. Approved 28th March, 1868. (P. L., 1868, page 514.) SECTION 1. That for the protection of farmers and owners of cattle, horses, sheep, and swine, residing along the line of any railroad now constructed or that may hereafter be constructed in the county of Warren, all railroad companies, when railroads are completed, and on which they are now running trains in said county, shall, before the first day of September, one thousand eight hundred and sixty-eight, construct and keep in repair, or cause to be constructed and kept in repair, a good and sufficient fence, at least four feet high, along their track, except through incorporated boroughs; and also construct sufficient cattle-guards at all road crossings, sufficient to prevent orderly cattle, horses, sheep, and swine from straying upon any railroad track in said county; and all railroads that may hereafter be constructed in said county are hereby required to construct such fences and cattle-guards before running trains thereon. 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 superintendent, or chief clerk, fifteen days' notice, may, if said railroad 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 and refusing 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 MORTGAGES, STOCKS, AND OTHER SECURITIES, AND FIXING THE TIME FOR HOLDING ELECTIONS FOR DIRECTORS. Approved 31st March, 1868. (P. L., 1868, pages 50 and 51.) SECTION 1. 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 transport merchandise or other property, and also for the directors, managers, or trustees thereof, with the approval of the stockholders, 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, or 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 directors or the by-laws of the company or otherwise, the mode of making such investments, purchases, and sales, with the approval of the stockholders, and the amount or amounts thereof to be purchased, and the price or prices to be paid or received therefor, and the reinvestment of the proceeds thereof, and to make such compensation as the said directors, managers, or trustees may deem proper to any director, manager, trustee, treasurer, or other agent or officer of such company, for the keeping, receiving, paying, investing, or reinvesting of any of the moneys belonging to the said company, or for any other services performed by him or them as agents of the company or otherwise; and that any such companies may change and fix the time of holding their annual election for directors to such a day as they may select, a certificate of such change, duly authenticated by the proper officers of the company, shall be filed with the auditorgeneral of this Commonwealth within thirty days after such change shall have been made. AN ACT RELATING TO THE CONSOLIDATION OF RAILROAD COMPANIES. Approved 2d April, 1868. (P. L., 1868, page 53.) SECTION 1. That whenever any merger or consolidation of two or more railroad companies shall have taken place or been made, by virtue of any act of assembly of this Commonwealth, prior to the sixteenth day of May, one thousand eight hundred and sixty-one, the company into which such merger shall have taken place shall have all the powers and authorities, and be subject to all the duties and liabilities conferred upon railroad companies into which such merger shall have been made, under and by virtue of the act passed May sixteenth, one thousand eight hundred and sixty-one, entitled "An act relating to railroad companies," and the several supplements thereto, regulating the conditions and restrictions. upon which such consolidation and merger shall be made. AN ACT RELATING TO RAILROAD COMPANIES AND COMMON CARriers, defFINING THEIR LIABILITIES, AND AUTHORIZING THEM TO PROVIDE MEANS OF INDEMNITY 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 sustained 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 injury, 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 corporation 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 receipts of said carrier or corporation, and shall not be liable for any other claim, debt, or demands against such carrier or 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 policyholders, shall be reported to the auditor-general annually, as a part of the operations of such carrier or corporation, as is now provided for by the act entitled "An act requiring railroad companies to make uniform reports to the auditorgeneral," 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 treasurer, 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 REGULATION OF RAILROAD CORPORATIONS. Approved 4th April, 1868. (P. L., 1868, pages 62 to 65.) SECTION I. That any number of citizens of Pennsylvania, not less than nine, may form a company for the purpose, of 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 railroad 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 |