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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 provisions of the first section of the act to which this is a supplement. 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 Commonwealth, to construct railroads with one or more tracks, under the surface, over any intervening 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 the act of May 5th, Anno Domini one thousand eight hundred and thirty-two, (entitled) an act regulating lateral railroads: Provided further, 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 aforesaid: 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so much of the act to which this is a supplement as prohibits a writ of error or appeal shall be and the same is hereby repealed.

(Repealed as to Cambria county, 21st April, 1846.)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 CERTAIN APPEALS FROM AWARDS OF ARBITRATORS VALID, AND FOR OTHER PURPOSES,

Approved 11th 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,"

*"Such" evidently being omitted from original act.

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day of April, 1834, as is applicable to actions brought on contracts, express or implied, be and the same is hereby repealed; and all such actions as have been removed in pursuance of such act and still pending be returned for trial to the court in which they were respectively commenced.

A FURTHER SUPPLEMENT TO THE ACT entitled "AN ACT REGULATING LATERAL RAILROADS."

Approved 12th February, 1842. (P. L., 1842, page 18.)

SECTION 1. 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.

AN ACT AUTHORIZING JOHN PRALL TO SELL AND CONVEY CERTAIN REAL ESTATE IN BUCKS COUNTY.

Approved 21st March, 1842. (P. 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 incorporated 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 service 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 CERTAIN CASES, AND FOR OTHER PURPOSES.

Approved 16th 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 incorporated 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 incorporating 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 II. That whenever any railroad or canal company has borrowed money, and given to the lender thereof a bond 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 Commonwealth 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 conveyed therein and of the distance they have been conveyed on said railroads, and to require the owners or agents of such cars to pay the 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. 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 13th May, 1856, to actual distance.)

RESOLUTION TO PROTECT LABORERS AND CONTRACTORS.

Approved 21st January, 1843. (P. L., 1843, page 367.)

Resolved, That from and after the passage of this resolution, it shall not be lawful for any company incorporated by the laws of this Commonwealth, and empowered to construct, make, and manage any railroad, canal, or other public internal 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 contractors, 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 20th 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, constituted 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 constructed to connect with said railroad for the purpose of conveying any mineral or other productions to the said navigation, 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 sufficient 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

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