at some convenient point in the village of Cafawissa, in the county of Columbia, thence up Fishing creek, or some of its branches, and through the counties of Sullivan and Bradford to a point at the State line which may give a proper and convenient connection with the New York and Erie Railroad: Provided, That the time of commencing the said road be extended to five years from the passing of this act, and the time for completing to ten years from the same time: And provided further, That the gauge of the track of said railroad shall be the same as the gauge of the track of the railroads built and owned by the State; and any and every railroad hereafter constructed through any portion of Pennsylvania, from any point eastward of a line running due south across the State from the State line beginning at the east line of Erie county, shall be of the same gauge as the railroads built and owned by the State, and no other; and if any company shall hereafter build or construct a railroad, having a southern or eastern connection with any railroad leading to or towards Philadelphia or Harrisburg, of a different gauge from the gauge of the railroads built and owned by the State, then and in such case all and singular the rights, powers, and privileges conferred on such company by its charter, or by any supplement thereto, shall be adjudged null and void: Provided, That nothing contained herein shall be construed to apply to the New York and Erie Railroad, to the Tioga Railroad, to the Lackawanna and Western Railroad already constructed and in operation, nor to the act fixing the gauges of railroads in the county of Erie, passed the eleventh day of March, 1851. (Repealed 11th April, 1853, as respects gauges.)

AN ACT AUTHORIZING THE PENNSYLVANIA RAILROAD COMPANY TO RUN THEIR CARS OVER CONNECTING AND CONTINUOUS RAILROADS.

Approved 3d March, 1853. (P. L., 1853, page 137.)

SECTION 1. That the Pennsylvania Railroad Company be and they are hereby authorized to run their cars and locomotives over all connecting and continuous railroads, with the

consent of the companies owning the same, and also, their cars over the railroads belonging to this Commonwealth, for the transportation of freight, (passengers, their baggage, and the United States mails,*) with the right of attachment to the motive-power of the State, employed for these respective purposes, upon such terms and conditions as may be agreed upon between the canal commissioners and said Pennsylvania Railroad Company, or in case of failure to agree, then upon terms and conditions that shall not be less favorable to said company than those that may be established from time to time, by the canal commissioners, for the government of individuals doing business on said railroads, except those engaged in the transportation of freight passing the whole distance between Philadelphia and Pittsburg, over the public works: Provided, That nothing herein contained shall be so construed as to affect or impair the contract made with Bingham and Dock, for the transportation of passengers and mails over the Philadelphia and Columbia Railroad by said commissioners, which contract is hereby confirmed: Provided, That the legislature hereby reserves the right to repeal this act of assembly, in such manner, however, that no injustice shall be done to the parties And provided, That the canal commissioners shall at all times be required to run a sufficient number of engines between Lancaster and Philadelphia to accommodate the local and way freight.

AN ACT REPEALING THE ACTS REGULATING THE GAUGE OF THE TRACK OF RAILROADS.

Approved 11th April, 1853. (P. L., 1853, page 366.)

SECTION 1. That every railroad company heretofore chartered, or which may hereafter be chartered, is hereby authorized to construct or change their gauge or gauges of road to such a width as the directors of such railroad company may deem expedient, and all laws inconsistent with this provision be and they are hereby repealed.

*Repealed 13th May, 1856.

AN ACT RELATIVE TO SUITS IN EJECTMENTS.

Approved 18th April, 1853. (P. L., 1853, page 467.)

SECTION I. That any person wishing to bring ejectment for land claimed adversely to him by any person or corporation not resident or being within the county where such land lies, may bring his action and serve the writ on any person within the county having charge or superintendence of the land, in behalf of or as agent of such party claiming adversely : Provided, That before any trial or judgment shall be had in such suit, it shall be made to appear to the satisfaction of the court that the defendant has had notice, in fact, of the suit in time to appear and defend it, and if the defendant be a corporation, this notice may (be) given to the president or other chief officer of it.

AN ACT TO APPOINT COMMISSIONERS TO RUN AND MARK THE COUNTY LINES BETWEEN YORK, CUMBERLAND, AND ADAMS COUNTIES; * * * RELATIVE TO RAILROADS AND PLANK ROADS IN CLARION COUNTY,

&c.

Approved 18th April, 1853. (P. L., 1853, page 528.)

SECTION 23. That the provisions of the second section of the act entitled "An act authorizing the paving of Gray's Ferry road," &c., approved the fifth day of April, A. D. 1849, are hereby extended to the county of Clarion, and that in the cases mentioned in said section, lateral railroads may be constructed in said county, not exceeding four miles in length, to connect with any streams in which logs can be floated in the time of freshets, instead of plank roads, under and subject to all the provisions of the act regulating lateral railroads, approved the fifth day of May, A. D. eighteen hundred (and) thirty-two, and that it may be lawful for any person or persons owning or using saw-mills on Mill creek, or at the mouth thereof, to float logs in said creek from his or their lands to their mills on said creek, or at the mills at the mouth of said creek: Provided, This act shall only extend to that part of said creek in Clarion county from the forks to the mouth thereof.

AN ACT FOR THE PROTECTION OF MECHANICS AND LABORERS.

Approved 22d April, 1854. (P. L., 1854, page 480.)

SECTION 1. That in all assignments of property, whether real or personal, which shall hereafter be made by any person or persons, or chartered company, to trustees or assignees, on account of inability at the time of the assignment, to pay his or their debts, the wages of miners, mechanics, and laborers employed by such person or persons, or chartered company, shall be first preferred and paid by such trustees or assignees, before any other creditor or creditors of the assignor: Provided, That any one claim thus preferred shall not exceed one hundred dollars.

AN ACT TO EXEMPT CERTAIN LOANS AND BONDS FROM TAXATION.

Approved 1st May, 1854. (P. L.. 1854, pages 535 and 536.)

SECTION 1. That all certificates of loan now issued, or which may be hereafter issued by the city of Philadelphia, or any of the incorporated districts of the county of Philadelphia, in payment of subscriptions already made, or which may be hereafter made, by the municipal authorities of said city or incorporated districts, to the capital stock of any railroad company, and all bonds or certificates of loans of any railroad company incorporated by this Commonwealth, be and the same shall be liable to taxation for State purposes only.

AN ACT TO PRESCRIBE THE MANNER OF COLLECTING CERTAIN TAXES.

Approved 5th May, 1854. (P. L., 1854, page 569.)

SECTION I. That whenever a tax is charged upon the tonnage of any railroad in this Commonwealth, the distance shall be estimated by taking the nearest whole number of miles,

rejecting fractions not greater than a half a mile, and adding one to the whole number when the fraction is more than half a mile.

SEC. 2. That the tax shall be charged on the whole distance from the place of shipment to the place of delivery, whether the shipment be made upon a siding or branch belonging to the company which pays the tax, or upon the main line, subject to the provisions of section one of this act.

AN ACT RELATIVE TO WEIGHMASTERS OF RAILROADS IN SCHUYLKILL COUNTY.

Approved 5th May, 1854. (P. L., 1854, pages 570 and 571.)

SECTION I. That from and after the passage of this act, it shall be the duty of the collector or weighmaster on each, and every of the several railroads within the county of Schuylkill, to weigh separately, each and every consignment of coal passing over said railroads, and keep a correct record of such consignments in a book, or books to be kept for that purpose, and on application, shall furnish monthly to each, and all the owners, (or their agents,) of coal lands lying in said county of Schuylkill, a certified copy of the record of the weights of each kind of coal, and each and every separate consignment of coal passed over the scale of each of said railroads, respectively mined from lands of said owners, and for each and every certificate so furnished, the said collectors or weighmasters shall be allowed to charge the sum of twelve and a half cents, and any collector or weighmaster refusing to furnish such certificate on application as aforesaid, shall be subject to a fine or penalty of fifty dollars for each, and every such refusal, to be recovered as sums of like amount are now recoverable by law: Provided, That nothing herein contained shall alter, or change the authority of any of the said railroad companies to charge the rates now allowed to be charged for weighing coal.