"We have heretofore decided that section 3, of an act approved May the 11th, 1852, upon which this suit is founded, has been virtually repealed by section 784 of an act approved June the 18th, 1852. 1 R. S. p. 426. — 2 id. p. 205. — Peru and Indianapolis Railroad Company v. Bradshaw, 6 Ind. R. 146.

Upon the authority of the case just cited, the judgment of the Circuit Court in the case before us must be reversed.

The judgment is reversed with costs.