the service of process on the president, secretary, treasurer, engineer, agent, or any director of the same, shall be good and available in law; but no suit or action shall be prosecuted by any person or persons, for any penalties incurred under this act, unless such suit or action shall be commenced within two years next after the offense committed or cause of action accrued; and the defendants in such suit or action may plead the general issue, and give this act and the special matter in evidence, and that the same was done in pursuance and by authority of this act.

SEC. 15. That if any person or persons shall willfully and knowingly break, injure, or destroy any railroad authorized by special act of assembly, or any part thereof, or any edifice, device, property, or work, or any part thereof, or any machinery, engine, car, implement, or utensil erected, owned, or used by such company in pursuance of this act, he, she, or they so offending shall forfeit and pay to such company three times the actual damage so sustained, to be sued for and recovered, with full costs, before any tribunal having cognizance thereof, by action in the name and for the use of the company.

SEC. 16. That if any person or persons shall willfully and maliciously remove or destroy any part of the road, property, buildings, or other works belonging to such company, or place, designedly and with evil intent, any obstruction on the line of such railroad so as to jeopard the safety or endanger the lives of persons traveling on or over the same, such person or persons so offending shall be deemed guilty of a misdemeanor, and shall, on conviction, be imprisoned in the county jail or penitentiary, at the discretion of the court, for a term not more than three years: Provided, That nothing herein contained shall prevent the company from pursuing any other appropriate remedy at law in such cases.

SEC. 17. That at each annual meeting of the stockholders of any such company, the president and managers of the preceding year shall exhibit to them a full and complete statement of the affairs and proceedings of the company for such year, with all such matters as shall be necessary to convey to the stockholders a full knowledge of the condition and affairs of said company; and the said president and directors of

every such company shall, whenever required, furnish to the legislature, or either branch thereof, a full and authentic report of their affairs and transactions, or such information relating thereto as may be demanded of them.

SEC. 18. That upon the completion of any railroad authorized as aforesaid, the same shall be esteemed a public highway for the conveyance of passengers and the transportation of freight, subject to such rules and regulations, in relation to the same, and to the size and construction of wheels, cars, and carriages, the weight of loads, and all other matters and things connected with the use of said railroad, as the president and directors may prescribe and direct: Provided, That the said company shall have the exclusive control of the motivepower, and may from time to time establish, demand, and receive such rates of toll or other compensation, for the use of such road and of said motive-power, and for the conveyance of passengers, the transportation of merchandise and commodities, and the cars or other vehicles containing the same, or otherwise passing over or on the said railroad, as to the president and directors shall seem reasonable: Provided, however, nevertheless, That said rates of toll and motive-power charges so to be established, demanded, or received, when the cars used for such conveyance or transportation are owned or furnished by others, shall not exceed two and one-half cents per mile for each passenger, three cents per mile for each ton of two thousand pounds of freight, three cents per mile for each passenger or baggage car, and two cents per mile for each burden or freight car, every four wheels being computed a car; and in the transportation of passengers no charge shall be made to exceed three cents per mile for through passengers and three and a half cents per mile for

way passengers.

SEC. 19. That if any company incorporated as aforesaid shall not commence the construction of their proposed railroad within three years, and complete and open the same for use, with at least one track, within the term prescribed by the special act authorizing the same, or if after completion the said railroad shall be suffered to go into decay, and be impassable for the term of two years, then this charter shall be

null and void, except so far as to compel the said company to make reparation for damages.

SEC. 20. That if any company incorporated as aforesaid shall at any time misuse or abuse any of the privileges granted by this act, or by the special act of incorporation, the legislature may revoke all and singular the rights and privileges so granted to such company; and the legislature hereby reserves the power to resume, alter, or amend any charter granted under this act, and take for public use any road constructed in pursuance of such charter: Provided, That in resuming, altering, or amending said charters no injustice shall be done to the corporators, and that in taking such roads for public use full compensation shall be made to the stockholders.

AN ACT TO FACILITATE THE COLLECTION OF DEBTS AGAINST CORPORATIONS.

Approved 21st March, 1849. (P. L., 216.)

SECTION 3. That in all suits or actions hereafter to be brought in any court of record of this Commonwealth, against any foreign corporation or body corporate, not holding its charter under the laws of this Commonwealth, every judgment, verdict or award rendered against such corporation, shall be final and conclusive, unless the said defendants, in addition to the usual proceedings in cases of appeal, shall give good and sufficient bail in the nature of bail absolute, for the payment of such sum or sums as shall finally be adjudged to be due to the plaintiff or plaintiffs, together with interest and costs thereon; and in the commencement of any suit or action against any such foreign corporation, process may be served upon any officer, agent, or engineer of such corporation, either personally, or by copy, or by leaving a certified copy thereof at the office, depot, or usual place of business of said corporation; and such service shall be good and valid in law to all intents and purposes.

AN ACT AUTHORIZING THE PAVING OF THE GRAY'S FERRY ROAD, FROM CEDAR STREET TO FEDERAL STREET, PROVIDING FOR THE CONSTRUCTION LATERAL RAILROADS, &c.

Approved 5th April, 1849. (P. L., 1849, page 389.)

OF

SECTION 2. That it shall be lawful for any individual, or association of individuals, to construct a railroad or plank road from his or their premises, to connect with any railroad or plank road which may be constructed, or to any stream of water which has been or may hereafter be declared a public highway: Provided, Such railroad or plank road shall not exceed three miles in length; and any individual or individuals making any such improvement shall be subject to all the provisions and restrictions of an act regulating turnpike and plank road companies, approved the twenty-sixth day of January, 1849: And provided further, That this act shall only extend to the counties of Warren, McKean, Elk, and Potter.

NOTE. The turnpike and plank road act of 26th January, 1849, is given in full on the succeeding pages.

AN ACT REGULATING TURNPIKE AND PLANK ROAD COMPANIES.

Approved 26th January, 1849. (P. L., 1849, page 10.)

SECTION 1. That whenever a special act of the general assembly shall be passed, authorizing the incorporation of a company for the construction of a turnpike road, or for the construction of a plank road, within this Commonwealth, the commissioners named in such act, or any five of them, shall have power to open books for receiving subscriptions to the capital stock of such company, at such time or times, and such place or places, as they may deem expedient, after having given at least twenty days' previous notice in one or more newspapers published, or having circulation within the county where books of subscription are to be opened; at which times and places two or more of the said commissioners shall attend, and permit and suffer

all persons of lawful age, who shall offer to subscribe in such books, in their own names, or in the names of any other person who shall duly authorize the same, for any number of shares of stock; and the said books shall be kept open, respectively, for the purpose aforesaid, at least six hours in every juridical day, for the space of five days, or until the said books shall have the whole number of shares authorized by such special act therein subscribed; and if, at the expiration of the said five days, the books aforesaid shall not have the said number of shares authorized as aforesaid therein subscribed, the commissioners respectively may adjourn from time to time, and transfer the books from place to place, until the whole number of shares shall be subscribed; of which adjournment and transfer the commissioners aforesaid shall give such public notice as the occasion may require, and when the whole number of shares subscribed shall amount to the number authorized as aforesaid, the same shall be closed: Provided always, That every person offering to subscribe in such books, in his own or any other name, shall at the time of subscribing pay to the attending commissioners any sum not less than one dollar nor more than five dollars (as shall be fixed and determined by said commissioners, previously to the opening of books) for every share to be subscribed, out of which shall be defrayed such incidental charges and expenses as may be necessary for taking such subscription, and the remainder shall be paid to the treasurer of the corporation, as soon as the same shall be organized and the officers chosen as hereinafter mentioned.

SEC. 2. When twenty persons or more shall have subscribed ten per centum on the capital stock provided for by such, special act of assembly, the said commissioners respectively may, or when the whole number of shares authorized as aforesaid shall be subscribed, they shall certify under their hands and seals the names of the subscribers, and the number of shares subscribed by each, to the governor of this Commonwealth, whereupon it shall and may be lawful for the governor, by letters patent under his hand and seal of State, to create and erect the subscribers, and if the subscription be not full at the time, then those who shall afterwards subscribe to the