power of the legislature, unless expressly waived therein, to alter, revoke, or annul the same, whenever in their opinion it may be injurious to the citizens of the Commonwealth; in such manner, however, that no injustice shall be done to the corporators, and as fully as if the reservation of said power had been therein expressed.

AN ACT TO PROVIDE FOR THE DESTRUCTION OF CANADA THISTLES AND OTHER NOXIOUS WEEDS, AND THE MAINTAINING OF DITCHES ON THE BANKS OF RAILROADS IN THE COUNTY OF ERIE.

Approved 7th May, 1855. (P. L., 1855, pages 476 and 477.)

SECTION 1. That it shall be the duty of the several railroad corporations owning or working railroads within the county of Erie, wherever water accumulates along the same to the injury of the adjoining land, to excavate and maintain, on both sides thereof, ditches, of sufficient width and depth and of suitable grade to drain off the water in such a manner as to protect the adjoining land from wash or soakage; and it shall further be the duty of the several railroad companies aforesaid to cause all Canada thistles and other noxious weeds growing on any lands owned or occupied by such corporation to be cut down twice in each and every year,—once between the fifteenth day of June and first day of July, and once between the fifteenth day of August and the first day of September.

SEC. 2. That if the said corporations, or any or either of them, shall neglect to make and maintain good and sufficient drains or ditches to carry off the water, so as to prevent wash or soakage on the adjoining land, or shall neglect to cause to be cut down all Canada thistles and other noxious weeds at the times mentioned in this act, it shall be lawful for any person to cut the same between the first and fifteenth days of July and between the first and fifteenth days of September, and to make, open, and repair said drains and ditches, at the expense of the corporation on whose lands said drains and ditches are to be made and on which said Canada thistles or

other noxious weeds shall be so cut, at the rate of one dollar per day for the time so occupied in doing the same, to be recovered as debts of like amount are recoverable, in any court of justice within the county of Erie.

AN ACT DECLARATORY OF THE CONSTRUCTION OF THE ELEVENTH SECTION OF AN ACT PASSED ON THE TWENTY-SIXTH DAY OF JULY, ANNO DOMINI ONE THOUSAND EIGHT HUNDRED AND FORTY-TWO.

Approved 25th February, 1856. (P. L., 1856, page 61.)

SECTION 1. That it is hereby declared to be the true intent and meaning of the eleventh section of an act to incorporate the Liberty Fire Company, of Holmesburg, in the county of Philadelphia, approved the twenty-sixth day of July, Anno Domini one thousand eight hundred and forty-two, and its true and legal effect shall be, that in all cases where any railroad or canal company, authorized by existing laws to issue bonds, certificates of loan, or evidences of indebtedness secured by mortgage, may have issued or shall hereafter issue any such bonds, certificates of loan, or evidences of indebtedness, executed by such company, and has disposed of or may hereafter dispose of the same at less than their par value, such transactions shall not be deemed usurious or in violation of any law of this Commonwealth prohibiting the taking of more than six per cent. interest.

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.

Approved 9th April, 1856. (P. L., 1856, pages 288 and 289.)

WHEREAS, Some doubts and difficulties have arisen in regard to the intention and proper construction of the first

section of a certain act, 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;" now, for the removal of said doubts and difficulties and for certainty in the premises

SECTION 1. Be it enacted, &c., That the true intent and meaning of the said act was, that it should apply to and embrace cases pending at the time of the passage of the said act.

SEC. 2. That hereafter in all cases where the parties cannot agree upon the amount of damages claimed, or by reason of the absence or legal incapacity of such owner or owners, no such agreement can be made, either for lands, water, water-rights, or materials, the company shall tender a bond, with at least two sufficient sureties, to the party claiming or entitled to any damages, or to the attorney or agent of any person absent, or to the guardian or committee of any one under legal incapacity, the condition of which shall be, that the company will pay or cause to be paid such amount of damages as the party shall be entitled to receive, after the same shall have been agreed upon by the parties, or assessed in the manner provided for by this and the act to which it is a supplement: Provided, That in case the party or parties claiming damages refuse or do not accept the bond as tendered, the said company shall then give the party a written notice of the time when the same will be presented for filing in court; and thereafter the said company may present said bond to the court of common pleas of the county where the lands, water, or materials are, and if the bond and sureties are approved, the bond shall be filed in said court for the benefit of those interested; and recovery may be had thereon for the amount of damages assessed, if the same be not paid or cannot be made by execution on the judgment in the issue formed to try the question.

SEC. 3. That the viewers provided for in the eleventh section of the act to which this is a supplement, may be appointed before or after the entry for constructing said road or taking materials therefor, and upon the report of said viewers, or any four of them, being filed in said court, either

party, within thirty days thereafter, may file his, her, or their appeal from said report to the said court; after such appeal, either party may put the cause at issue in the form directed by said court, and the same shall then be tried by said court and a jury; and after final judgment, either party may have a writ of error thereto from the supreme court, in the manner prescribed in other cases. The said court shall have power to order what notices shall be given connected with any part of the proceedings, and may make all such orders connected with the same as may be deemed requisite. If any exceptions be filed with any appeal to the proceedings, they shall be speedily disposed of; and if allowed, a new view shall be ordered; and if disallowed, the appeal shall proceed as before provided.

SUPPLEMENT TO THE ACTS RELATING TO INCORPORATIONS BY THE COURTS OF COMMON PLEAS.

Approved 9th April, 1856. (P. L., 1856, page 293.)

SECTION 1. That it shall be lawful for any court of common pleas of the proper county to hear the petition of any corporation under the seal thereof, by and with the consent of a majority of a meeting of the corporators, duly convened, praying for permission to surrender any power contained in its charter, or for the dissolution of such corporation; and if such court shall be satisfied that the prayer of such petition may be granted without prejudice to the public welfare or the interests of the corporators, the court may enter a decree in accordance with the prayer of the petition, whereupon such power shall cease or such corporation be dissolved: Provided, That the surrender of any such power shall not in anywise remove any limitation or restriction in such charter, and that the accounts of the managers, directors, or trustees of any dissolved company shall be settled in such court and be approved thereby, and dividends of the effects shall be made among any corporators entitled thereto, as in the case of the accounts of assignees and trustees: Provided further, That no property devoted to religious, literary, or charitable uses shall be diverted from the objects for which they were given or

granted: Provided, That the decree of said court shall not go into effect until a certified copy thereof be filed and recorded in the office of the secretary of the Commonwealth.

AN ACT RELATING TO THE SERVICE OF PROCESS IN CERTAIN CASES.

Approved 17th March (April), 1856. (P. L., 1856, page 388.)

SECTION 1. That hereafter when any action is commenced by any person against any corporation in any county in which the property of said corporation was wholly or in part situated, it shall be lawful, if the president, treasurer, secretary, or chief clerk do not reside or can not be found in such county, for the sheriff or officer to whom any process may be directed to serve the same on any manager or director in such county, and the service so made shall be deemed sufficient; and in case no director or manager can be found in such county, it shall be lawful for the sheriff or other officer to whom such process is directed to go into any county to serve the process aforesaid.

AN ACT TO PROVIDE FOR THE ORDINARY EXPENSES OF GOVERNMENT, THE REPAIRS OF THE PUBLIC CANALS AND RAILROADS, AND OTHER GENERAL AND SPECIAL APPROPRIATIONS.

Approved 13th May, 1856. (P. L., 1856, page 560.)

SECTION 41. That so much of the act entitled An act authorizing the Pennsylvania Railroad Company to run their cars over connecting and continuous railroads," approved the third day of March, 1853, as relates to carrying passengers and baggage and mails on the Philadelphia and Columbia Railroad, be and the same is hereby repealed; and the canal commissioners are hereby authorized to contract with responsible persons, or companies incorporated by any law of this Commonwealth, for carrying passengers, their baggage, and United States mails, on the Philadelphia and Columbia Railroad, for a period not exceeding five years from and after the