of said Lykens Valley Railroad, to the Wiconisco canal; and have and use a landing on said canal of such capacity as may be necessary for the accommodation and shipment of coal.

SEC. 5. That the said owner or owners, lessee or lessees as aforesaid, may apply by petition to the court of quarter sessions of the peace of the county, whose duty it shall be to appoint three disinterested persons to view the premises, assess whatever damages, if any, which may have been sustained by the owner or owners of the ground to be used and occupied by said lateral railroad and landing; which valuation made by the viewers shall be reported to the said court, shall be conclusive: Provided, That security, to be approved by the said court, shall be given before the ground shall be broken for the construction of said lateral railroad and landing.

AN ACT FIXING THE GUAGES OF RAILROADS IN THE COUNTY OF ERIE.

Approved 11th March, 1851. (P. L., 1851, page 155.)

WHEREAS, The guages or width between the rails of the several railroad tracks in the State of New York are four feet eight and one-half inches, or six feet.

AND WHEREAS, By the general railroad law of the State of Ohio, the guages of the railroads of that State are fixed at four feet ten inches; therefore,

SECTION 1. That the guage or width between the rails of any track of any railroad running from the borough of Erie, in the county of Erie, westwardly to the Ohio State line, or of any part of any railroad, which shall or may be located between a line running due south from the town of Erie to the Ohio river and the Ohio State line, or of any railroad, any part of which shall or may be used in connecting any railroad leading eastwardly from the town of Erie, or from any point in the aforesaid due south line with any railroad leading westwardly to the Ohio State line, for the construction of which, or either

of which, a company now is or may hereafter be incorporated by the laws of this Commonwealth, shall be of the width of four feet and ten inches, and no other.

SEC. 2. That the guage of any railroad running from the New York State line westwardly shall, as far as the town of Erie, or as far as the line running due south from the town of Erie to the Ohio river, be constructed either of the guage of six feet or of the guage of four feet eight and one-half inches: Provided, That nothing in this act contained shall be so construed as in any way to enlarge the privileges or franchises of any company now incorporated by the laws of this Commonwealth, except so far as regards the guage or width between the rails.

(See act 6th February, 1852, fixing guage in other parts of State.)

(See act 11th April, 1853, allowing guage to be of any width that directors may deem expedient.)

*

* *

AND

AN ACT RELATING TO COUNTY PRISONS,
RELATIVE TO THE SERVICE OF PROCESS ON FOREIGN
INSURANCE COMPANIES AND OTHER CORPORATIONS.

Approved 8th April, 1851. (P. L., 1851, page 354.)

SECTION 6. That in any case when any insurance company or other corporation shall have an agency, or transact any business in any county of this Commonwealth, it shall and may be lawful to institute and commence an action against such insurance company or other corporation in such county, and the original writ may be served upon the president, cashier, agent, chief, or any other clerk, or upon any directors or agent of such company or corporation within such county, and such service shall be good and valid in law, to all intents and purposes.

AN ACT CONSTRUING THE FIFTH SECTION OF THE ACT ENTITLED "A FURTHER SUPPLEMENT TO AN ACT TO INCORPORATE THE PENNSYLVANIA RAILROAD COMPANY," AND RELATIVE TO THE OBSTRUCTION OF PRIVATE ROADS BY RAILROAD COMPANIES, &c.

Approved 12th April, 1851. (P. L., 1851, page 518.)

SECTION 2. That any chartered railroad company in this Commonwealth obstructing or impeding the free use or passage of any private road or crossing-place, by standing burden cars or engines, or placing other obstructions on any railroad wherever any private road or crossing-place may be necessary to enable the occupant or occupants of land or farms to pass over any railroad with horses, cows, hogs, sheep, carts, wagons, and implements of husbandry, shall for every such offense, after any agent or other person in the employment of any railroad company shall have received at least fifteen minutes' verbal notice to remove burthen cars, engines, or other obstructions from any private road or crossing-place that may pass over any railroad, be liable for a penalty of thirty dollars, which shall be for the use of the person or persons aggrieved, and which shall be recovered before any justice of the peace in the same manner that debts not exceeding one hundred dollars are by law recoverable. And in all suits or actions that may be brought against any railroad company for the recovery of said penalty of thirty dollars, the service of legal process on any agent or other person in the employment of any railroad company shall be as good and available in law as if made on the president thereof.

A SUPPLEMENT TO AN ACT ENTITLED "AN ACT TO INCORPORATE THE LEWISVILLE AND PROSPECTVILLE TURNPIKE ROAD COMPANY, * * * " AND RELATIVE TO LATERAL RAILROADS AND COUNTY COMMISSIONERS IN ALLEGHENY COUNTY, &c.

Approved 12th April, 1851. (P. L., 1851, page 536.)

SECTION 3. That it shall and may be lawful for the proprietors of lateral railroads, in the county of Allegheny, to charge

and receive from all persons using their respective roads such toll as is charged by the railroads throughout this Commonwealth in addition to the tolls they are now empowered to receive.

AN ACT RELATING TO THE COMMENCEMENT OF ACTIONS * * * TO THE PROTECTION OF FENCES, &c.

Approved 14th April, 1851. (P. L., 1851, page 615.)

SECTION 12. That if any person or persons, from and after the passage of this act, shall maliciously or voluntarily break down any post and rail or other fence, put up for the enclosure of lands, and carry away, break, or destroy any post, rail, or other material of which such fence was built, within this Commonwealth, every person or persons so offending, and being legally thereof convicted before any justice of the peace or alderman within this Commonwealth, shall, for every such offence, forfeit and pay the sum of ten dollars, one-half thereof to be paid to the informer, and the other half to the support of the poor of such county, township, borough, or ward where the offence has been committed, together with costs of prosecution; and in default of payment, such person or persons shall be imprisoned in the county jail not exceeding thirty days for the first offence, and sixty days for the second: Provided, That either of the parties shall have the right of appeal in the same manner as in civil cases.

(This act has no special reference to railroads, and was repealed 23d March, 1865.)

AN ACT TO INCORPORATE A COMPANY TO ERECTA
BRIDGE OVER THE RIVER SCHUYLKILL AT SPRING
* * *
MILL,
TO ACTIONS FOR DAMAGES SUSTAINED
BY INJURIES DONE TO THE PERSON BY NEGLIGENCE
OR DEFAULT, &c.

Approved 15th April, 1851. (P. L., 1851, page 674.)

SECTION 18. That no action hereafter brought to recover damages for injuries to the person by negligence or default

shall abate by reason of the death of the plaintiff; but the personal representatives of the deceased may be substituted as plaintiff, and prosecute the suit to final judgment and satisfaction.

SEC. 19. That whenever death shall be occasioned by unlawful violence or negligence, and no suit for damages be brought by the party injured during his or her life, the widow of any such deceased, or, if there be no widow, the personal representatives, may maintain an action for and recover damages for the death thus occasioned.

AN ACT TO INCORPORATE THE SUSQUEHANNA AND ERIE

RAILROAD COMPANY.

Approved 15th April, 1851. (P. L., 1852, page 722.)

SECTION 7. That it shall not be lawful for any private individual or association of individuals, or any company or companies, to construct a private railroad, connecting with any railroad authorized to be constructed by the laws of this State, with the Ohio and New York State lines, or with any railroad constructed, or to be constructed, in the States of Ohio and New York; and it shall not be lawful for any railroad company authorized by the laws of this State to connect with any such private railroad, and any violation of the provisions of this act shall subject all individuals or associations of individuals violating the same to the jurisdiction of the courts of this State, and to such forfeiture as the legislature may hereafter direct.

AN ACT REGULATING RAILROAD GAUGES, AND SUPPLEMENTARY TO THE ACT INCORPORATING THE CATAWISSA AND TOWANDA RAILROAD COMPANY, WITH AN EXTENSION TO THE NEW YORK AND ERIE RAILROAD AT SOME CONVENIENT POINT ON THE STATE LINE.

Approved 6th February, 1852. (P. L., 1852, page 35.)

SECTION 3. That said company shall have the right to locate, build, or construct a railroad of one or more tracks, beginning