half of one per centum upon such increase, in five equal annual instalments. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The seventeenth day of April, Anno Domini ore thousand eight hundred and fifty-six. JAMES POLLOCK. Former act construed. No. 403. A SUPPLEMENT To an act relative to suits in dower and partition, passed twentieth Febru ary, one thousand eight hundred and fifty-four. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That the true intent and meaning of the act passed the twentieth day of February, one thousand eight hundred and fifty-four, entitled "An Act relative to suits in dower and partition," is hereby de clared to be, to include and embrace all proceedings in partition, instituted or which may be instituted in the orphans' court in any of the counties of this commonwealth, for the partition or valuation of the real estate of any decedent, in all cases where said real estate is situate in two or more counties of this com monwealth. And that in all such cases all process, writs and notices required to be served personally upon any person or per Service of pro- sons interested in such proceedings in partition, may be served by the sheriff of the county in which such proceedings in partition have been instituted or commenced; and that the jurors for making such partition or valuation shall be selected from the same county in which such proceedings are instituted: Provided, That nothing in this act, or in the act aforesaid, passed the twentieth day of February, one thousand eight hundred and fifty-four, shall be so construed as to prevent the parties interested in the partition of the real estate of any decedent, from instituting proceedings in partition in the orphans' court in each county where such real estate is situate, except in cases where such real estate consists of adjoining tracts or parcels of land situate in different counties, if the orphans' court of the county in which the proceedings in partition are required by the said act relative to suits in dower and partition are required to be had, shall so order and decree. Proviso. Fees of sheriff and jurors. SECTION 2. That the sheriff holding inquisition upon the real estate of any decedent as aforesaid, where such real estate is situate in two or more counties, shall receive for his services, where engaged more than one day, two dollars per day for each lay after the first; and the jurors in all cases of partition shall ach receive one dollar per day for each day engaged in making uch partition and valuation, and shall also receive in addition o their daily pay three cents per mile circular for each mile ecessarily traveled by them, counting from the place at which aid jurors first met, and back to the same place. SECTION 3. That all proceedings in partition in the orphans' Certain preceedourt heretofore duly had and adjudicated or commenced, for ings confirmed. he partition of the real estate of any decedent, lying in two or nore counties, are hereby confirmed, and the same shall be held ffectual and valid as if this act had been in force at the time aid proceedings were commenced; and all proceedings to make artition in the orphans' courts in cases of testacy, and the parition and sales made under them, shall be of the same validity efore as after the act of thirteenth of April, eighteen hundred nd forty, being a supplement to an act relating to the orphans' ourt. RICHARDSON L. WRIGHT, WM. M. PIATT, Speaker of the Senate. APPROVED-The seventeenth day of April, Anno Domini one housand eight hundred and fifty-six. JAMES POLLOCK. No. 404. AN ACT Relating to the Mount Washington Inclined Plane Company. SECTION 1. Be it enacted by the Senate and House of Represen tives of the Commonwealth of Pennsylvania in General Assemly met, and it is hereby enacted by the authority of the same, That he Mount Washington inclined plane company are hereby au- money. May borrow horized to borrow any amount of money not exceeding five housand dollars, upon such terms as the parties in interest may gree upon, for the purpose of completing and equiping their oad and paying the debts of the company, and as security herefor to issue bonds, to be secured by mortgage on their road, he property therewith connected and their corporate franchise. SECTION 2. That the said company are hereby authorized to May change read hange the location of their road at their discretion, to comhence at any point at or near Carson street, in South Pittsburg, nd terminate at any point most advantageous within the bounlaries of Lower St. Clair township: Provided, That the right of way be first obtained by consent of the owner or owners of the land through or over which said road may be constructed. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. Relating to the service of process in certain cases. SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, 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 cannot 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. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The seventeenth day of March, Anno Domini ore thousand eight hundred and fifty-six. JAMES POLLOCK. No. 406. AN ACT To incorporate the Abington Turnpike or Plank Road Company. SECTION 1. Be it enacted by the Senate and House of Representives of the Commonwealth of Pennsylvania in General Assem'y met, and it is hereby enacted by the authority of the same, That Style. S. Robinson, Edward M. Shoemaker, Samuel Reckless, Wil- Commissioners. am T. Morrison, Yarnall Hallowell, Thomas Buckman, Joseph V. Hallowell, John J. C. Harvey, S. Lukens Shoemaker, homas Fletcher, Jesse Jenkins, J. Francis Fisher, Edwin Satrthwaite, Charles S. Fletcher, John M. Grant, Abel Satrthwaite, junior, William M. Bushman, Charles F. Wilson, enjamin W. Fleckand Richard Roberts and William Cottman, Montgomery county, or any five of them, are hereby apointed commissioners to open books and receive subscriptions ad organize a company by the name, style and title of the bington plank road or turnpike company, with power to conruct a road commencing at a point on the Fox Chase and Hunngdon turnpike road, in Abington township, Montgomery Route. unty, between lands of Samuel Reckless and Yarnall Halwell, at the intersection of a road leading thence to the Chelnham and Willow Grove turnpike road, extending thence in upon or near to the present, bed of the said road, with full uthority to alter or change the same, to the intersection of said ad and the Cheltenham and Willow Grove turnpike road, bove Shoemakertown, in Cheltenham township, Montgomery ounty, with the privilege of extending the same by a branch ad from Abington Friends meeting house, in or upon or near the bed of the present road, to the intersection of the Fox hase and Huntingdon turnpike road, at an oak tree near to oseph Waterman's land, and also with the privilege of extendg a branch from said meeting house, upon the bed of the preent road, to Jenkentown, in Montgomery county, subject to Subject o. the provisions and restrictions of an act regulating turnpike nd plank road companies, passed the twenty-sixth day of Janary, one thousand eight hundred and forty-nine, and the sevral supplements thereto, excepting that portion of the eleventh ection of the said act relating to the width of the road; and he company hereby incorporated shall have power to lay out a oad not exceeding forty-five feet in width, and cause at least ixteen feet to be made as prescribed by said eleventh section. SECTION 2. That the capital stock of the said company shall Capital. onsist of four hundred shares at twenty-five dollars per share: Provided, That said company may, from time to time, by a ote of the stockholders, at a meeting called for the purjose, increase their capital stock so much as in their opinion may be deemed necessary to complete the said road, and to arry out the true intent and meaning of this act. Branch. SECTION 3. That whenever the said company shall have com- Tolls Limitation. and restrictions of the aforesaid act, approved January twentysixth, Anno Domini one thousand eight hundred and forty-nine. SECTION 4. That if said company shall not commence the construction of the said road within two years from the passage of this act and complete the same within five years thereafter, then this act shall be null and void, except so far as the same may be necessary to settle up the affairs and pay the debts of the company. RICHARDSON L. WRIGHT, Speaker of the House of Representatives. WM. M. PIATT, Speaker of the Senate. APPROVED-The seventeenth day of April, Anno Domini one thousand eight hundred and fifty-six. JAMES POLLOCK. Commissioners. Style. Route. Subject to. Capital. Limitation. No. 407. AN ACT To incorporate the Factoryville and Abington Turnpike and Plank Roзd SECTION 1. Be it enacted by the Senate and House of Represen tatives of the Commonwealth of Pennsylvania in General Assem bly met, and it is hereby enacted by the authority of the same, That John Northrup, Loren Dewey, G. E. Humphrey, Davis H. Sexmens, John Baker, J. M. Gregory and Benjamin F. Bailey, of Luzerne county; Stephen Capwell, Charles L. Jackson, John Wilson and Warren Briggs, of Wyoming county, be and they are hereby appointed commissioners to open books, receive subscriptions and organize a company by the name, style and title of the Factoryville and Abington turnpike and plank road company, with power to construct a turnpike or plank road from at or near the village of Factoryville, in Wyoming county, to any point in Abington, Luzerne county, subject to all the provisions and restrictions of an act regulating turnpike and plank road com panies, approved the twenty-sixth day of January, one thousand eight hundred and forty-nine, and the several supplements thereto, excepting as hereinafter provided. SECTION 2. That the stock of said company shall consist of five hundred shares at twenty-five dollars per share: Provided That said company may from time to time, by a vote of the stockholders called for that purpose, increase their capital stock so much as in their opinion may be deemed necessary to complete the road and carry out the true intent and meaning of this act. SECTION 3. That if said company shall not commence the construction of said road within one year from the passage of this act, and complete five miles of the same within five years, |