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SEC. 2. That upon the failure of any company, incorporated and situated as aforesaid, to elect officers in accordance with the provisions of this act, and to establish their office as herein directed, it shall be the duty of the governor to nominate to the canal commissioners seven persons, stockholders of such company, resident within this State, fitted to conduct the affairs of the said company failing as aforesaid; and if the said commissioners shall approve of the persons so named, they shall confirm their appointment as directors of such company; and if any of the persons no (so) nominated shall not be approved by the said commissioners, others shall be nominated in such case by the governor aforesaid, till the required number shall be approved; and the like course shall be pursued if any stockholder so appointed shall refuse to serve; in such case a proper person, not a stockholder, may be nominated and appointed as aforesaid in his place; and when the number is complete as aforesaid, the directors so appointed shall elect one of their number president of the board, and shall also elect a treasurer of the said company; and it shall be the duty of the directors aforesaid to take charge of the works and property, books, papers, and documents of the said company, and conduct the business thereof, under the provisions, regulations, and directions of the charter thereof, and with the same liabilities, duties, and responsibilities as a board regularly elected under the provisions of the charter would be liable to do, and with like powers and authorities; and the said directors shall continue to hold possession of the works of said company, and to execute their duties as aforesaid, until a board shall be regularly elected by the company, in accordance with the provisions of this act; and upon such election, the said directors appointed as aforesaid, in charge of the works as aforesaid, shall deliver up to the said board elected as aforesaid, within one month after they shall, by resolution, have determined to comply with the requirements of this act, a copy of which resolution shall be delivered to the directors aforesaid, all and singular the works, property, books, papers, and documents of the said company, or having any connection therewith, and all funds not necessarily expended in the discharge of the expenses incident to the conducting of the affairs

of the said company, and in payment of its liabilities: Provided, That the person who shall act as treasurer of such company shall give bond with security, to be approved by the court of common pleas of the county in which the works of the company shall be principally situated, in such sum as the said court shall direct; and shall keep books, in which the whole receipts and disbursements of the company shall be fully set forth and exhibited.

AN ACT IN REFERENCE TO RUNNING OF LOCOMOTIVEENGINES AND CARS ON CONNECTING RAILROADS.

Approved 13th March, 1847. (P. L., 1847, page 337.)

SECTION I. That in all cases where two railroads in this Commonwealth are or shall be connected, it shall be lawful for the company owning either of the said railroads (with the consent of the company owning the other of said railroads) to run its cars and locomotive-engines upon the said other railroad, and to erect water-stations and other buildings for the due accommodation of the cars and engines employed thereon: Provided, That nothing herein contained shall be construed or interpreted to release or exonerate any company owning a railroad from the obligation and duty which may be now imposed by existing laws, of transporting, subject to the rules and regulations of said companies, by locomotive steamengines, the cars, whether loaded or empty, of all persons and companies who may require such transportation over and along so much and such parts of their railroad as locomotive steam-engines shall be run upon, whether they be run by the company owning the road or by any other company.

AN ACT TO REQUIRE CORPORATIONS TO GIVE BAIL IN CERTAIN CASES, AND RELATIVE TO THE COMMENCEMENT OF SUITS AGAINST FOREIGN CORPORATIONS, TO THE ACCOUNTS OF JOHN SLOAN, LATE TREASURER OF LYCOMING COUNTY, AND PITTSBURG And ConnellsVILLE RAILROAD COMPANY.

Approved 15th March, 1847. (P. L., 1847, pages 361 and 362.) WHEREAS, Doubts have arisen in regard to the effect of the first section of the act entitled "An act concerning bail and attachments," passed 20th March, 1845, and as to the bail re

quired to be given by corporations in cases of appeal and writs of error since the passage of the said act; therefore,

SECTION 1. That from and after the passage of this act, when any corporation (municipal corporations excepted), being sued, shall appeal or take a writ of error, the bail requisite in that case shall be taken absolute, for the payment of debt, interest, and costs on the affirmance of the judgment.

SEC. 2. 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 this State, or where the president, treasurer, cashier, or other principal officer of such company shall reside out of this State, it shall be lawful to sue such company in any county of this State where the works of such company shall be located, or adjoining thereto, or where any director, manager, or other officer of such company shall reside; and service of legal process upon such director, manager, or other officer shall be valid and effective upon said company, and such company shall be taken to be both in law and in equity, for every purpose of legal proceeding, to be located in this State; and shall also be liable to the writs of quo warranto, mandamus, attachment, and execution; and service of such writ upon any manager, director, or other officer of such company shall be, to all intents and purposes, as effective as if served upon the president of such company, and he resident of this State, and as if the locality of such company's office were within this State; and any property of any description of such company, which would be liable to attachment or execution, if the same. 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 were located in the county of this State in which the same is made liable to be sued by the provisions of this act.

A SUPPLEMENT TO THE ACT OF 5th MAY, 1832, ENTITLED "AN ACT REGULATING LATERAL RAILROADS."

Approved 6th January, 1848. (P. L., 1848, pages 1 and 2.)

SECTION 1. That the provisions of the act of the 5th of May, 1832, entitled “An act regulating lateral railroads," and the

supplement thereto, passed twenty-eighth day of March, 1840, be and the same is hereby extended to the counties of Dauphin, Allegheny, Bedford, Blair, and Washington, and shall be so construed as to authorize the construction of lateral railroads, either under or over the surface of any intervening lands, subject to the restrictions of the act to which this is a supplement.

SEC. 2. The rights and privileges conferred by the act to which this is a supplement are hereby extended to the owner and owners of coal and iron mines, situated in the township of Denison, Luzerne county, more than six miles from the Lehigh navigation, and not more than ten miles from the same.

SEC. 3. The rights and privileges as to the acquisition of landings and wharves conferred by the tenth section of the act entitled "An act to incorporate the Butler County Mutual Insurance Company, and for other purposes," passed the twenty-fourth day of April, Anno Domini one thousand eight hundred and forty-three, upon certain persons therein mentioned or described, shall be extended to all persons proceeding to procure the right to make a lateral railroad under the authority of the act to which this is a supplement, so that they shall be enabled to procure landings or wharves for a compensation, of the owner or owners of land, whether said owner or owners of land have any interest in any railroad or not; and the powers and duties conferred upon the jury authorized by the said tenth section are hereby conferred upon the viewers which may be appointed under the authority of said act, to which this is a supplement: Provided, That no landing, wharf privilege, or franchise shall be taken from the owner thereof, if in the opinion of the viewers aforesaid such landing, wharf privilege, or franchise is necessary to the use and enjoyment of the owner of any mill, quarry, lime-kiln, coal-mine, or other real estate adjoining any navigable stream or slackwater navigation.

AN ACT FOR THE RELIEF OF WILLIAM BURNS AND OTHER SOLDIERS AND WIDOWS OF SOLDIERS OF THE REVOLUTIONARY AND INDIAN WARS, AND IN REFERENCE TO ACTS OF INCORPORATION AND SUPPLEMENTS THERETO, PASSED AT THE PRESENT SESSION OF THE

LEGISLATURE.

Approved 11th April, 1848. (P. L., 1848, page 509.)

SECTION 7. That nothing contained in any act passed during the present session incorporating any company or extending the powers of any incorporated company, shall be construed to authorize any such company to take private property without making compensation therefor, or securing it agreeably to the provisions of the Constitution; and the said act shall be taken and construed as if the constitutional provision was expressly inserted therein.

AN ACT TO AUTHORIZE MARGARET PARTHEMORE
AND RELATIVE TO LATERAL RAILROADS, &c.

Approved 11th April, 1848. (P. L., 1848, page 516.)

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SECTION 4. That so much of the twelfth section of the act regulating lateral railroads, passed the fifth day of May, 1832, as limits the provisions of said act to the counties of Lycoming, Luzerne, Schuylkill, and Northumberland, be and the same is hereby repealed; and the provisions of the act aforesaid, and the several supplements thereto, be and the same are hereby extended throughout the Commonwealth, as well to all lands lying in the vicinity of any navigable river as to lands lying in the vicinity of any railroad, canal, or slackwater navigation.

AN ACT REGULATING RAILROAD COMPANIES.

Approved 19th February, 1849. (P. L., 1849, page 79.)

SECTION 1. That whenever a special act of the general assembly shall hereafter be passed, authorizing the incorporation of a company for the construction of a railroad within.

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