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merchandise, or the lending to or deposit of money with said corporation or association, or the commission of such act of negligence by such stockholder or director.

AN ACT TO AUTHORIZE THE PRESIDENT AND DIRECTORS
OF ANY RAILROAD COMPANY TO DETERMINE BY
RESOLUTION THE MANNER
IN WHICH AND THE
PERSONS TO WHOM THE INCREASED CAPITAL STOCK
THEREOF MAY BE SOLD, AND THE AMOUNTS of tHE
INSTALLMENTS THEREON AND THE TIMES AND MAN-
NER OF THEIR PAYMENT.

Approved 10th April, 1867. (P. L., 1867, page 61.)

SECTION 1. That in all cases where any railroad company is authorized to increase its capital stock, and such increase has been or may be authorized by the stockholders, it shall and may be lawful for the president and directors to determine by resolution in what manner and by whom the same shall be subscribed or to whom the same shall be issued or sold, and the amounts of the several installments to be paid thereon and the times and manner in which the same shall be paid.

AN ACT TO AUTHORIZE THE SALE OF THE PROPERTY OF ANY INCORPORATED COMPANY UPON THE BONDS, SECURED BY A MORTGAGE, GIVEN BY IT, WITH LIKE EFFECT AS IF SOLD UPON THE MORTGAGE.

Approved 10th April, 1867. (P. L., 1867, page 59).

SECTION I. That upon any judgment recovered or that may be recovered in any court of this Commonwealth against any incorporated company, upon any mortgage bond or bonds, given by such company for the principal or interest due thereon, all or any part of the estate, property, corporate rights, privileges, and franchises bound by the mortgage given to secure the payment of the said bond or bonds may be levied upon and sold by virtue of any writ or writs of fieri facias or venditioni exponas issued upon such judgment or judgments, as if taken

and sold as now provided by law under and by virtue of proceedings upon a judgment recovered upon such mortgage; and upon such sale or sales being made and returned, the sheriff of the proper county shall acknowledge his deed therefor to the purchaser or purchasers in open court, as provided by law in cases of sales of real estate: Provided, That before such sale shall be made actual notice shall be given to the trustees or legal party named in the mortgage securing such bond or bonds.

(Repealed by act of April 15th, 1869.)

AN ACT TO REGULATE THE CARRIAGE OF BAGGAGE BY RAILROAD COMPANIES, AND TO PREScribe the DUTIES AND OBLIGATIONS OF CARRIERS AND PASSENGERS IN RELATION THERETO.

Approved 11th April, 1867. (P. L., 1867, pages 69 and 70.)

SECTION I. That each passenger upon a railroad shall have the right to have carried in the car or place provided for that purpose, in the train in which he or she may be a passenger, his or her personal clothing, not exceeding, inclusive of the trunk or box in which it may be contained, one hundred pounds in weight and three hundred dollars in value.

SEC. 2. That no railroad company shall, under any circumstances, be liable for loss or damage to any baggage or property belonging to any such passenger beyond the said sum of three hundred dollars, unless it shall be proven that the excess in value thereof over that sum was truly declared to the agents of the company at the time of its delivery for transportation, and the sum charged by the railroad company for such transportation over and above passage fare was paid: Provided, however, That the said declaration shall not relieve the claimant from proving the actual value of the articles alleged to have been lost or damaged; but in no event shall there be any recovery beyond the value thus declared.

SEC. 3. That no railroad company providing a car or other place for the deposit of passengers' baggage shall, under any

circumstances, be liable for loss of or damage to any articles or property whatsoever not there deposited by the passenger, or which are placed by him or her in the car in which he or she is to be transported.

A FURTHER SUPPLEMENT TO AN ACT ENTITLED "AN ACT REGULATING RAILROAD COMPANIES," APPROVED FEBRUARY 19th, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND FORTY-NINE.

Approved 15th April, 1867. (P. L., 1867, page 84.)

SECTION 1. That the provisions of the first section of an act passed the seventeenth day of April, Anno Domini one thousand eight hundred and sixty-six, entitled " Supplement to an act entitled 'An act regulating railroad companies,' approved February nineteenth, Anno Domini one thousand eight hundred and forty-nine," shall not apply, or be deemed and taken to have applied, to any action or proceeding pending at the time of the passage of the said act of the seventeenth day of April, Anno Domini one thousand eight hundred and sixtysix, nor in any way to affect the parties to such action or proceeding.

AN ACT IN RELATION TO TAXATION UPON THE STOCKHOLDERS OF CORPORATIONS.

Approved 3d January, 1868. (P. L., 1868, page 1318.)

SECTION I. That from and after the passage of this act the shares of stock held by any stockholder in any institution or company incorporated under the laws of this State, which in its corporate capacity is liable to and pays into the State treasury the tax on capital stock imposed by the act approved April twelfth, Anno Domini one thousand eight hundred and fifty-nine, entitled "An act to equalize taxation upon corporations," shall not be taxable in the hands of said stockholder personally for State, county, or local purposes; and so much

of the thirty-second section of the act approved April twentynine, Anno Domini one thousand eight hundred and forty-four, entitled "An act to reduce the State debt and incorporate the Pennsylvania Canal and Railroad Company," as imposes a tax for State or county purposes upon any stockholder in his individual capacity as aforesaid, is hereby repealed: Provided, That this act shall not be construed to relieve said corporations from any tax now imposed by law, or the real estate belonging to said corporations from the State, county, or local tax to which they are now or may hereafter be subject.

A SUPPLEMENT TO AN ACT ENTITLED "AN ACT RELATING TO CERTAIN CORPORATIONS," APPROVED MARCH 13th, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND FORTY-SEVEN, AUTHORIZING THE GOVERNOR TO APPOINT DIRECTORS FOR CERTAIN CORPORATIONS IN CERTAIN CASES.

Approved 14th February, 1868. (P. L., 1868, page 40.)

SECTION I. That any company heretofore incorporated and organized under and subject to the act approved February nineteenth, Anno Domini one thousand eight hundred and forty-nine, regulating railroad companies, shall likewise be subject to the provisions of the act approved March 13th, Anno Domini one thousand eight hundred and forty-seven, entitled "An act relating to certain corporations," in like manner as if such company were a railroad or canal company, except that all persons appointed by the governor shall have full power and authority to act in the premises without the approval or confirmation of the canal commissioners.

AN ACT TO SECURE FARMERS AGAINST LOSSES CAUSED BY RAILROADS IN ERIE COUNTY.

Approved 23d March, 1868. (P. L., 1868, pages 424 and 425.)

SECTION I. That it shall be the duty of each company owning or operating a railroad in the county of Erie, to erect,

where not already erected, and to keep and maintain on each side of the track or tracks of said roads, at all places in said county, except where said road or roads pass through a village, borough, or city, or a public road crosses the same, a suitable fence five feet high, to prevent cattle, sheep, and swine from going upon said tracks; and in case any company referred to in this act shall neglect to perform the duty herein imposed, the company so offending shall be answerable to the owner or owners of any horses, cattle, sheep, or swine, (for) the value of the property injured upon said roads in consequence of such neglect; said company or companies shall further be liable to the penalty of fifty dollars for each place along said roads in said county where the fence or fences required by this act to be built, kept, and maintained are destroyed or broken down and permitted so to remain for a period of three days; the penalty herein imposed to be recovered one-half to the use of the informer and the other half for the use of the school districts of the township in which said offense or offenses shall be committed.

SEC: 2. All damages and penalties in this act to be sued for and recovered as debts of like amount are now by law made recoverable: Provided, That this act shall not go into effect until the first day of July, Anno Domini one thousand eight hundred and sixty-eight.

AN ACT TO EXEMPT THE COUNTY OF ALLEGHENY FROM THE PROVISIONS OF AN ACT ENTITLED "AN ACT COMPELLING RAILROAD AND OTHER CORPORATIONS TO PAY COUNSEL FEES OF PLAINTIFFS IN CERTAIN CASES," APPROVED THE THIRD DAY OF MAY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND SIXTYSIX.

Approved 25th March, 1868. (P. L., 1868, page 470.)

SECTION 1. That the county of Allegheny shall be and hereby is exempted from the provisions and operations of the act of assembly entitled "An act compelling railroad and other corporations to pay counsel fees of plaintiffs in certain cases," approved the third day of May, Anno Domini one

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