purpose of transporting their coal or produce upon said railroad or railroads, POWERS ENLARGED-FIRST SUPPLEMENT. LAWS 1838-39, P. 44. MARCH 4, 1839. A SUPPLEMENT to an act entitled “An act to incorporate the Wyoming Coal Company." Sec. 1. Be it enacted, etc.: That the Wyoming Coal Company, incorporated in pursuance of an act of the general assembly, passed the 16th day of April, 1838, be and they are hereby authorized to hold lands in Newport township, in the county of Luzerne, as fully as if the said township of Newport, had been embraced in the act to which this is a supplement, and that the said company be and they are hereby authorized to hold within the said township of Newport, and in the other townships mentioned in the act, to which this is a supplement, the additional quantity of one thousand acres of land, for the purpose of carrying on their operations, and that they be authorized to increase their capital stock, the sum of one hundred thousand dollars, for constructing railways from their lands, situate within the townships of Pittston, Wilkes-Barre, Hanover and Newport to intersect the North Branch Canal, or other improvements leading thereto, at such points as they may deem most convenient. The united length of the said railroads shall not be less than ten miles, five miles of which shall be completed within five years, and the remainder within ten years from the passage of this act. TIME LIMIT REPEALED-SECOND SUPPLEMENT. LAWS 1843, P. 389. RESOLUTION repealing APRIL 17, 1843. (part of an act, entitled "A supplement to an act, entitled 'An act to incorporate the Wyoming coal company '"). Resolved, That so much of the act, entitled "A supplement to an act, entitled 'An act to incorporate the Wyoming coal company,' as requires the making of ten miles of railroad, five miles within five years, and the remainder within ten years, be and the same is hereby repealed. It shall be lawful for said company to build the said ten miles of railroads under the provisions of the said act, as soon as the interests of the said company may require. WYOMING AND SUSQUEHANNA VALLEY RAILROAD COMPANY. See Mountain Coal Company, page 525. YOUGHIOGHENY COAL HOLLOW COAL COMPANY. LAWS 1863, P. 140. MARCH 17, 1863. AN ACT to incorporate the Youghiogheny Coal Hollow Coal Company. SEC. 1. Be it enacted, etc.: That (certain named persons) be and they are hereby erected into a body politic and corporate, in deed and in law, by the name, style and title of the Youghiogheny Coal Hollow Coal Company, with all the powers and privileges, rights, and franchises, incident to a corporation, and in law pertaining to a body politic and corporate. * * * SEC. 2. That the said company shall have the right to mine, and prepare for market, coal, iron ore, fire clay, and other materials of their lands; to manu 125672°-20-36 facture iron, fire brick, mineral oil, and other products of their minerals, or lands, and to transport them to market, and sell and dispose of the same; and to make all such improvements, machinery, and fixtures, and erections on said lands, as they may deem necessary for their business and interests. SEC. 3. That the said company shall have the right to lay out, and construct a railroad, or railroads, from any portion of their land, and to connect the same with the railroad, or slackwater navigation, of any other company, incorporated by the laws of this State, at any point they may select for such connection: Provided, That the length of said railroad, so to be made by them, shall not exceed five miles, and that in the construction of the same, the said company shall have all the powers and privileges, and to be subject to all the limitations and restrictions, of an act, entitled "An act regulating lateral railroads," approved May 5, 1832, except so far as relates to the length of the road. MINING COMMUNITIES PROTECTION OF CITIZENS AND PROPERTY. PROTECTION IN MINING REGIONS. LAWS 1867, P. 76. APRIL 12, 1867. AN ACT for the better protection of persons, property and life, in the mining regions of this Commonwealth. WHEREAS, It is alleged that in certain counties, in the mining regions of this Commonwealth, many acts of violence have been committed, on the persons and property of peaceful citizens, causing great insecurity, and frequent destruction of life, and the perpetrators of such outrages and murders have not been brought to punishment: SEC. 1. Be it enacted, etc.: That it shall be lawful for the governor of this Commonwealth, on the petition of one hundred citizens of any county, in the mining regions of this State, verified by the affidavits of at least twenty such citizens, and other satisfactory proofs, showing that the local authorities of such county are inadequate, and insufficient, for the protection of person, property, and life, within such county, or any township, or portion thereof, the governor is hereby authorized, to appoint a marshal of police, and a sufficient number of officers of police, to give adequate protection to the persons and property of the inhabitants of said county, who shall be paid, for their services, out of the treas ury of said county: Provided, That the number of said police, for any county, shall not exceed one hundred: Provided further, That the commissioners of Schuylkill County are hereby authorized and required to levy and collect a tax, not exceeding one cent per ton, on all coal mined in said county, the proceeds arising from such levy and collection, to be paid into the general fund of the county: Provided further, That this tax shall only be collected in the event of the appointment of the police force, provided by this act. SEC. 2. That for the preservation of the peace, the protection of person and property from unlawful acts, the arrest of offenders, and the execution of warrants, in all criminal cases, the marshal of police shall have all the like powers, jurisdiction, and authority, that is vested in the sheriff of said county, and with like powers to summon the posse comitatus, in all cases when, in his judgment, the exigencies of the case may require it; and the said marshall shall receive, for his services, a salary not exceeding two thousand dollars per year. SEC. 3. The police officers, appointed by this act, shall have the like powers and authority as constables, for the preservation of the peace, and the arrest of offenders against the laws, and, also, for the execution of criminal process, when directed by the marshal of police, by endorsement on the warrant; and the said police officers shall, in all cases, be subject to the orders of the marshal of police, and shall, when acting under his orders, have the same powers and authority as a deputy sheriff, or constable; and any police officer, who shall neglect, or refuse, to obey the command of the marshal of police, at any time, be suspended, or discharged. SEC. 4. The marshal of police, or any of the police officers may, at any time, be removed by the governor, and others appointed, whenever he may think necessary to do so. SEC 5. The governor may make such rules and regulations, for the government of the police force, authorized by this act, as he may think best adapted to make the force efficient, and may create distinctions in rank, inferior to the marshal, and the officers holding such rank shall be obeyed and respected, as directed by such rules and regulations; and the governor shall, from time to time, fix and determine the rate of compensation, according to their rank, to be paid to the police officers, authorized to be appointed by this act, and may direct that any portion of the force, shall be employed as a detective police, and shall have power to direct that the said force, shall be armed and equipped in such a manner as to render them the most efficient in carrying into full effect the intentions of this act; and the expenses of such arming and equipping shall be paid by said county, out of its treasury. SEC. 6. This act shall continue in force for two years, and the governor may, at any time, discharge the whole, or any part, of the police force, and discharge the marshal from office, when, in the opinion of the governor the police force, or any such part thereof shall be no longer required for the protection of the inhabitants of said county. SEC. 7. It shall be lawful for the police, appointed under this act, in the execution of their duties, to enter any county, adjoining the county in which the commission of the offense may occur, in pursuit of the offender, and to make the arrest, in such adjoining county, with the same power and authority as in the county, in which the offense was committed. SEC. 8. Every person arrested by the said marshal or police, or any of them, shall be delivered to the civil authorities, to be dealt with in accordance with the laws of this Commonwealth. ANNOTATIONS. PROTECTION IN MINING REGIONS. VALIDITY OF ACT FOR PROTECTION IN MINING REGIONS. This act of April 12, 1867 (P. L. 76), providing for the appointment of police officers for the protection of persons and property in mining regions is not unconstitutional because it provides for the payment for the services of such police officers out of the treasury of the county. Northumberland Co. v. Zimmerman, 75 Pa. St. 25, p. 32. CONSTABLES AS POLICEMEN. LAWS 1889, P. 156. MAY 9, 1889. AN ACT authorizing the appointment of deputy constables, vested with the power of policemen, on petition of the citizens of any township, by the court of quarter sessions of the counties of this Commonwealth. SEC. 1. Be it enacted, etc.: That upon the petition of not less than twenty-five taxpayers of any township of any county of this Commonwealth, to the court of quarter sessions of said county, representing that the safety of the citizens and the security of property makes, in their opinion, necessary, the appointment of one or more deputy constables, to act as policemen, it shall be the duty of the court to consider said petition and, if satisfied of the reasonableness and propriety of said application, to make such appointment for such time and number as to the court may seem proper; and such deputy constables, so appointed, shall sev erally possess and exercise all the powers of policemen of cities of this Commonwealth, in the several townships in which they shall be so appointed as aforesaid, and the keepers of jails, lockups or station houses are required to receive all persons arrested by such policemen for the commission of any of fense against the laws of this Commonwealth, within the township for which . they shall be appointed as aforesaid. SEC. 2. Such deputy constables shall, when on duty, severally wear a shield or badge with the words "township police" and the name of the township for which appointed inscribed thereon. SEC. 3. The said deputy constables shall be paid such compensation as may be approved by the court of quarter sessions, and may be discharged whenever the court appointing them shall be satisfied that their services are no longer required. ANNOTATIONS. LIABILITY FOR ASSAULTS. 1. OPERATOR'S LIABILITY FOR ASSAULT BY CONSTABLES. 1. OPERATOR'S LIABILITY FOR ASSAULT BY CONSTABLES. On petition of the required number of taxpayers a court of quarter sessions appointed certain deputy constables as provided for in this act. Under such appointment none but public duties can be performed by any such constables. A coal-mine company can not be held liable in an action for damages for an unlawful assault committed by one or more of such special deputies on the ground of the liability of the mining company because it paid the salaries of such deputies, though the company was not one of the petitioners and had nothing whatever to do with the appointment and had no control over the acts of such deputies. Ruffner v. Jamison Coal Co., 247 Pa. St. 24, p. 36. 2. OPERATOR'S LIABILITY FOR ASSAULT BY EMPLOYEES. In an action by a person injured by an assault made by agents, employees, and guards of a mining company, the mining company may be held responsible in damages if the guards and employees acted within the general scope of their authority, although they acted wantonly; and when the evidence and circumstances were open to conflicting inferences the question whether their acts were within the scope of the agents' authority was one of fact for the jury. Pennsylvania Mining Co. v. Jarnigan, 222 Federal 889, p. 891. In an action by a union leader and organizer against a mining company for damages for injuries caused by an assault by the defendant's employees where the complainant charged that the defendant stationed at his mine certain named persons, agents, and employees for the purpose of guarding and protecting the property, and while such agents and employees were acting within the general scope of their employment, assisted by and under the personal guidance and direction of the defendant superintendent, they waylaid the plaintiff while on the public highway and with deadly weapons unlawfully, wantonly, wickedly, and maliciously beat, bruised, and wounded him, an objection to the introduction of evidence on the ground that the complaint failed to state a cause of action is unavailing as against such an attack, every reasonable intendment will be indulged. Pennsylvania Mining Co. v. Jarnigan, 222 Federal 889, p. 890. |