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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 DEFAULTING PUBLIC OFFICERS.

Approved 21st 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 præcipe, 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.

A SUPPLEMENT TO THE ACT ENTITLED "AN ACT RELATING TO ROADS, HIGHWAYS, AND BRIDGES."

Approved 21st 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"An act regulating lateral railroads," and the supplement thereto of March 28th, 1840, be and the same is hereby repealed, so far as they relate to the county of Cambria.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. (P. L., 1847, page 153.)

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 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 produce 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 1. That each of the banks, savings institutions, loan companies, and insurance companies, and each and every

other of the companies, institutions, or associations incorporated 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, institution, 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 corporation 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 received 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 association, incorporated as aforesaid, shall neglect or refuse to publish 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 thereof, 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 thereof, without discount or deduction for commissions, fees, or expenses of any description, by the cashier, treasurer, or other 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 demanded, 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 obligation 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 13th March, 1847. (P. L., 1847, pages 333 and 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 amenability to the laws of this Commonwealth, for misuser or neglect of their corporate duties and liabilities, and other violations of the provisions of their charters; therefore,

SECTION 1. 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 corporations 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.

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