proceeded in by the proper court, in like manner and subject to like rules and proceedings as if it had remained in the court in which it was originally commenced, and upon final judgment testatum executions may issue as in other cases: Provided, That the party so removing shall first take and subscribe an oath or affirmation, to be filed of record with the cause, that such removal is not made for the purpose of delay, but because he firmly believes a fair and impartial trial cannot be had in the county in which such suit is brought or originated. AN ACT SUPPLEMENTARY TO THE ACTS RELATING TO LATERAL RAILROADS. Approved 17th February, 1871. (P. L., 1871, page 56.) SECTION 1. That in all proceedings now pending or which may hereafter be instituted, to procure the right to construct lateral railroads, or for the acquisition of wharves or landings, or for either of said purposes, the appeal to court from the report of the viewers shall extend, not only to the assessment of damages, but to the question of the necessity of the proposed lateral railroad, wharf, or landing, and shall also extend to the question whether such landing or wharf is necessary to the owner thereof, for his own uses or purposes; and if the jury shall so find, the same shall not be taken from him. AN ACT TO AUTHORIZE CORPORATIONS TO SUBSCRIBE STEAMSHIP Approved 17th February, 1871. (P. L., 1871, page 56.) SECTION 1. That it shall and may be lawful for private corporations, created by or doing business in this Commonwealth, to subscribe for or to purchase the capital stock and bonds of the American Steamship Company of Philadelphia. AN ACT TO DECLARE THE MEANING OF AN ACT COMPELLING RAILROAD AND OTHER CORPORATIONS TO PAY COUNSEL FEES OF PLAINTIFF IN CERTAIN CASES, APPROVED MAY THIRD, ONE THOUSAND EIGHT HUNDRED AND SIXTY-SIX. Approved 16th March, 1871. (P. L., 1871, page 231.) SECTION 1. That the true intent and meaning of an act entitled “An act compelling railroad and other corporations to pay (counsel) fees of plaintiffs in certain cases," approved May third, one thousand eight hundred and sixty-six, is and is hereby declared to be that corporations named in said act shall only be liable to pay the plaintiff's counsel fees in case said corporations have contested the validity of the bonds for the recovery of the interest on which suit has been brought, and such validity has been established by a court of competent jurisdiction. AN ACT RELATING TO NON-USED AND ABANDONED FRANCHISES OF TURNPIKE, PLANK ROAD, CANAL, AND SLACK-WATER NAVIGATION COMPANIES, OR PUBLIC HIGHWAYS, PROVIDING WHAT SHALL CONSTITUTE EVIDENCE OF ABANDONMENT. Approved 22d March, 1871. (P. L., 1871, pages 231 and 232.) SECTION 1. That whenever any turnpike, plank road, canal, or slack-water navigation, or public highway of any company or corporation incorporated by the laws of this Commonwealth for the purpose of making, operating, or using the same, has been or shall have been, for the period of five successive years or upwards, decayed, out of repair, and unused for the purposes mentioned in the charter of such company, the same shall be deemed and held to be abandoned, together with all the easements and servitudes incident thereto; and all the rights, privileges, and franchises of such company in respect to the same shall cease and determine; and such condition and non-user for the period aforesaid may be given in evidence in any suit or proceeding wherein the facts of such abandonment may be material, and shall be conclusive proof thereof: Provided, That this act shall not apply to any such company, heretofore incorporated, unless the right is reserved in its charter to resume its corporate privileges and franchises in case of the misuse or abuse thereof: Provided, That the provisions of the bill shall not apply to any canal in the counties of Schuylkill, Wyoming, Bradford, and Berks, nor to any turnpike or plank road in the county of Carbon. A SUPPLEMENT TO THE ACT OF APRIL FOURTH, ONE THOUSAND EIGHT HUNDRED AND SIXTY-EIGHT, RELATIVE TO THE FORMATION AND REGULATION OF RAILROAD CORPORATIONS. Approved 28th April, 1871. (P. L., 1871, pages 246 and 247.) SECTION I. That any number of persons, not less than three, all of whom must become stockholders, may form a company for the purpose of constructing, maintaining, and operating a railroad for public use, as provided for in the act to which this is a supplement: Provided, Said railroad shall not be of a greater length than five miles; and its stockholders may exercise all the powers granted in the act to which this is a supplement, under such rules and regulations as they may adopt, in the election of officers and the appointment of agents for carrying on the business of the corporation, not inconsistent with the act to which this is a supplement. SEC. 2. That any corporation formed under the act to which this is a supplement, having constructed a road, or having partially constructed one, of no greater length than that fixed by this act, electing to organize under the provisions hereof, shall have the power to do so if a majority of its stock so determines, and shall, within thirty days, file in the office of the secretary of the Commonwealth a certificate of its action and a copy of its articles of association, under forms fixed by said secretary; and any corporation failing, refusing, or neglecting so to do shall be subject to a fine of fifty dollars, to be collected as other fines are by the proper officers of the Commonwealth. A SUPPLEMENT TO AN ACT TO ENABLE RAILROAD, CANAL, AND SLACK-WATER NAVIGATION COMPANIES TO STRAIGHTEN, widen, deepEN, AND OTHERWISE IMPROVE THEIR LINES OF RAILROADS, CANALS, AND SLACK-WATER NAVIGATION, AND THE BRIDGES, AQUEDUCTS, PIERS, AND STRUCTURES THEREOF, APPROVED THE SEVEnteenth DAY OF MARCH, ANNO DOMINI ONE THOUSAND EIGHt hundred AND SIXTY-NINE. Approved 2d May, 1871. (P. L., 1871, page 248.) SECTION I. That in addition to the remedies and proceedings provided by the second section of the act to which this is a supplement, all and singular the provisions of the second and third sections of the act of assembly approved the ninth day of April, Anno Domini one thousand eight hundred and fifty-six, entitled "A supplement to an act entitled 'An act regulating railroad companies,' approved the nineteenth day of February, Anno Domini one thousand eight hundred and forty-nine," and of the first section of the act of assembly approved the twenty-seventh day of April, Anno Domini one thousand eight hundred and fifty-five, entitled "An act extending the right of trial by jury to certain cases," are hereby made applicable to all cases arising and proceedings instituted under the said act to which this is a supplement. AN ACT RELATING TO LEASES OR CONTRACTS FOR THE USE OF CANALS OR OTHER NAVIGATION WORKS BY RAILROAD COMPANIES. Approved 3d May, 1871. (P. L., 1871, pages 248 and 249.) SECTION I. That the authority conferred upon railroad companies by the act approved the seventeenth day of February, Anno Domini one thousand eight hundred and seventy, entitled "An act to authorize railroad companies to lease or become lessees and to make contracts with other railroad companies, corporations, and parties," shall extend to and embrace leases, assignments of lease, or other contracts relating to canal and other navigation works, situated either in this or any other State: Provided, That neither the provisions of the said act approved the seventeenth day of February, one thousand eight hundred and seventy-one (seventy), nor of this act, shall authorize the leasing or merging of or entering into contracts with the Susquehanna Canal Company, or the purchase in whole or in part of the said canal, its capital stock loans, or securities by any railroad company. AN ACT FOR THE COLLECTION OF MINERAL STATISTICS. Approved 9th May, 1871. (P. L., 1871, pages 261 and 263.) SECTION I. That in addition to the information now required to be furnished to the auditor-general by the several railroad and canal companies of this Commonwealth, each of said railroad and canal companies, when their railroad or canal passes through any of the coal regions of the State, shall report for the year one thousand eight hundred and seventy-one, and annually, as soon after the first day of January in each year, or the close of the fiscal year of said companies, as the information can be procured under oath of one of the officers of said company, to the auditor general, the quantity of coal of each kind and of coke, in tons of two thousand pounds. each, received for transportation at each station on every such railroad and at each coal-shipping point on said canal, distinguishing in said report the quantities received direct from the mines from that received from other railroad or canals, giving the name of said connecting railroad or canals, in such a manner that the amount of the production of coal on the line of said railroad or canal may be correctly ascertained; the Monongahela Slack-water Navigation Company, and all other slack-water navigation companies engaged in conveying coal or coke, are also hereby required to make returns in the same manner as is hereinbefore required of railroad and canal companies. SEC. 2. It shall also be the duty of each of said railroad companies to report the quantity of coal purchased or mined for their own use in this State by them during each year, and which was produced along the line of said railroad, and stating at what place or places the same was mined, and |