other carriage of burden or pleasure, or practice any other fraudulent means or device, with the intent that the payment of any such toll or duty may be evaded or lessened, all and every person or persons, in all and every or any of the ways or manners offending, shall, for every such offense, respectively forfeit and pay to the president and managers of such turnpike road or plank road, as the case may be, any sum not exceeding ten dollars, to be sued for and recovered, with costs of suit, before any justice of the peace, in like manner and subject to the same rules and regulations as debts of a similar amount are by law sued for and recovered.

SEC. 20. That the legislature shall have power to alter the rate of toll fixed by this act; and the managers of any such company may lessen the same whenever they shall believe it necessary for the well-being of the company or the community at large.

SEC. 21. That the legislature hereby reserves the right to alter, amend, or repeal the charter and privileges granted by special act, as aforesaid, whenever in their opinion the same may be injurious to the citizens of this Commonwealth; in such manner, however, that no injustice shall be done to the corporators.

AN ACT TO CREATE A SINKING FUND, AND TO PROVIDE FOR THE GRADUAL AND CERTAIN EXTINGUISHMENT OF THE DEBT OF THE COMMONWEALTH.

Approved 10th April, 1849. (P. L., 571.)

SECTION 10. That whenever any foreign executor, or administrator, shall assign or transfer any stocks or loans in this Commonwealth, standing in the name of a decedent, or in trust for a decedent, which shall be liable to the collateral inheritance tax, such tax shall be paid to the register of the proper county on the transfer thereof; otherwise the corporation permitting such transfer, shall become liable to pay such tax.

AN ACT TO RESTRAIN CORPORATIONS FROM ISSUING OBLIGATIONS REDEEMABLE OTHERWISE THAN IN

GOLD AND SILVER [OR IN CURRENT BANK-NOTES.]

Approved 21st April, 1849. (P. L., 1849, page 673.)

SECTION 1. That from and after the passage of this act it shall not be lawful for any corporation within this Commonwealth, directly or indirectly, either by itself or through any agent or agents, individual or individuals, to make, issue, re-issue, pay out, or circulate, or cause to be issued, re-issued, put out, or circulated, any certificate, check, order, or due-bill, or acknowledgment of indebtedness of any description, for any purpose whatsoever, payable or redeemable in any goods, property, or effects, or payable or redeemable in anything except in gold and silver, and that any violation of the provisions of this act shall be held and deemed to be a forfeiture of the charter of any company so offending, and any private citizen may by quo warranto proceed, according to law, to have such forfeiture declared: Provided, That this act shall not be construed to authorize any corporation or individual, not expressly authorized by existing laws, to issue any note, · bill, check, or certificate whatever, in the nature or similitude of a bank-note, and intended for circulation, and that all laws inconsistent with this act be and the same are hereby repealed: And provided further, That this section shall not be construed so as to prevent any corporation from drawing orders in the ordinary course of business, not intended for circulation or in payment of interest, and that such orders shall not be negotiable.

(Section sixty-eight of the act of March 31st, 1860, P. L., 401, punishes corporation officials for making or issuing "any note, bill, check, ticket, or order, intended to be used as currency" when the corporation is not authorized by law to make such issue. This section sixty-eight is the revision and amendment of section two of the above act of April 21st, 1849.)

AN ACT AUTHORIZING

INDIVIDUALS TO CONSTRUCT RAILROADS AND PLANK ROADS IN THE COUNTY OF VENANGO, RELATING TO ROAD TAXES, &c.

Approved 22d March, 1850. (P. L., 1850, page 258.)

SECTION I. That the second section of an act entitled "An act authorizing the paving of the Gray's Ferry road from Cedar street to Federal street; providing for the construction of lateral railroads; relating to the appointment of auctioneers in the county of Erie, Mercer, and Bradford; extending the Southwark Railroad; and in relation to the collection of poor taxes in the city of Pittsburg," passed the fifth day of April, 1849, be and the same is hereby extended to Venango county.

AN ACT TO SECURE THE CITIES OF PITTSBURG AND ALLEGHENY, AND THE NEIGHBORHOOD THEREOF, FROM DAMAGE BY GUNPOWDER; TO INCORPORATE AN ASSOCIATION FOR THE ESTABLISHMENT OF A HOUSE OF REFUGE FOR WESTERN PENNSYLVANIA ; AND RELATIVE TO THE PENNSYLVANIA STATE LUNATIC HOSPITAL.

Approved 22d April, 1850. (P. L., 1850, page 539.)

SECTION 9. That it shall be unlawful for any person to transport gunpowder over any railroad, canal, or slackwater in this Commonwealth, unless the keg, barrel, box, or other vessel containing the same shall be distinctly and conspicuously marked by having the word "gunpowder" written or printed thereon; and every violation of this section shall subject the person or persons so offending to be prosecuted by indictment in the court of quarter sessions of the proper county, and punished by fine not exceeding five hundred dollars, and imprisonment not exceeding six months, or either of them, at the discretion of the court; and it is hereby made the duty of the canal commissioners to give due notice of the provisions of this section along the lines of the public works of this Commonwealth.

AN ACT RELATING TO THE BAIL OF EXECUTRIXES; TO PARTITION IN THE ORPHANS' COURT AND COMMON PLEAS; TO COLORED CONVICTS IN PHILADELPHIA; TO THE LIMITATION OF ACTIONS AGAINST CORPORATIONS; TO ACTIONS ENFORCING THE PAYMENT OF GROUND-RENT; TO TRUSTEES OF MARRIED WOMEN; TO APPEALS FROM AWARDS OF ARBITRATORS BY CORPORATIONS; TO HAWKERS AND PEDLARS IN THE COUNTIES OF BUTLER AND UNION; TO THE PAYMENT OF COSTS IN ACTIONS BY INFORMERS IN CERTAIN CASES; TO TAXING LANDS SITUATE IN DIFFERENT TOWNSHIPS; AND IN RELATION TO FEES OF COUNTY TREASURERS OF LYCOMING, CLINTON, AND SCHUYLKILL; TO PROVIDE FOR RECORDING THE ACCOUNTS OF EXECUTORS, ADMINISTRATORS, GUARDIANS, AND AUDITORS' REPORTS; AND TO AMEND AND ALTER EXISTING LAWS RELATIVE TO THE ADMINISTRATION OF JUSTICE IN THIS COMMONWEALTH.

Approved 25th April, 1850. (P. L., 1850, pages 570, 571, and 572.)

SECTION 7. That the provisions of the act passed the 27th March, 1713, entitled "An act for the limitation of actions,” shall not hereafter extend to any suit against any corporation or body politic which may have suspended business, or made any transfer or assignment in trust for creditors, or who may have at the time, and after the accruing of the cause of action, in any manner ceased from or suspended the ordinary business. for which said corporation was created.

SEC. 12. That so much of the first section of the act passed on the twentieth day of March, 1845, entitled "An act concerning bail and attachments," as pertains to appeals from the awards of arbitrators, shall from henceforth be construed to extend to all such appeals, whether made by persons natural or artificial.

SEC. 21. That no right of way shall be hereafter acquired by user, where such way passes through unenclosed woodland: but on clearing such woodland, the owner or owners thereof

*NOTE. The act of 1713 provides that actions upon the case other than for slander, actions upon account other than such as concern trade between merchants, &c., actions for trespass, debt, detinue, replevin, and trespass quare clausum fregit, shall be brought within six years next after the cause of such action or suit (accrues) and not after. (1 Smith's Laws, page 76.)

shall be at liberty to enclose the same, as if no such way had been used through the same before such clearing or enclosure: Provided, That the provisions of this section shall in no way affect any suit or suits now pending in any of the courts of this Commonwealth, in relation to any right of way or any other matter embraced in this section.

AN ACT TO INCORPORATE THE FIRST BAPTIST CHURCH OF LEWISBURG, UNION COUNTY, PENNSYLVANIA; RELATIVE TO RAILROADS AND CANALS IN MIFFLIN COUNTY, &c.

Approved 26th April, 1850. (P. L., 1851, page 820.)

SECTION IO. That in all cases where canals and railroads may be located through towns and boroughs in the county of Mifflin, and passing through lanes, streets, or alleys, it shall be lawful for the courts of quarter sessions of said county to appoint viewers to lay out, vacate, or change lanes, streets, or alleys with like effect as if the same had been so laid out by the original proprietor of such town or borough; and that said viewers shall have power to assess damages: Provided, That a report of said viewers shall be confirmed by the court of quarter sessions of said county.

A FURTHER SUPPLEMENT TO THE ACT INCORPORATING THE PENNSYLVANIA RAILROAD COMPANY; AND RELATIVE TO LATERAL ROADS IN LYKENS VALLEY, IN DAUPHIN COUNTY.

Approved 26th April, 1850. (P. L., 1850, page 584.)

SECTION 4. That authority is hereby given to the owner or owners, lessee or lessees, of coal lands in Lykens, Williams, or Bear valley, in Dauphin county, to make a lateral railroad from any convenient point on the Lykens Valley Railroad, not exceeding in distance one mile from the western terminus