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In case of no agreement, etc.

Bond to be given.

Damages.

they may need, upon which to erect or construct necessary municipal buildings, fire engine houses, gas and electric light works, and, within or without the city limits, within the same county, upon which to erect hospitals, water-works, and for the purpose of a poor-farm; and in case they cannot agree with the owner or owners as to the price thereof, or in case the owner or owners thereof are absent or are incapacitated from any cause, or are unknown, by reason of which no agreement can be made, it shall be lawful for

each respective city, and they are hereby authorized Empowered to ap- and empowered to take and appropriate for said pur

poses the necessary real estate, within or without the Ordinance. city limits as the case may be, after an ordinance shall

have been passed providing for such taking and appropriation.

Section 2. In cases where the city and the owner or owners cannot agree as to the price or damages to be paid, or where by reason of the absence or legal incapacity of such owner or owners, or where the owner or owners are unknown, no agreement as to the price or the damages sustained can be agreed upon, the said city may tender its bond to the party claiming or en. titled to said moneys or damages, or to the 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 said city will pay or cause to be paid such amount of damages as the party shall be entitled to receive after the same shall bave been agreed upon by the parties, or assessed in the manner provided by this act: Provided, however, that in case the party claiming damages refuses to or does not accept said bond, as tendered, the said city shall then give said party a written notice, at least five days beforehand, of a time when the same will be presented for filing in court; and thereafter said city may present said bond to the proper court of common pleas, or to any law judge thereof in vacation; and if the said bond is approved, it shall be filed in said court for the use of those interested. In case the title to the lands to be taken and appropriated, as aforesaid, is defective, disputed or doubtful, or the party owning or interested in the said real estate is absent, unknown, not of full age, of unsound mind, or from any cause cannot be bargained with or served with notice, or have a bond tendered to him, her or them, within the county where the nds are taken, the court of common pleas of the proper county, or any law judge thereof in vacation, upon petition of the said city, setting forth the necessary facts, shall direct the filing of a bond to the Commonwealth of Pennsylvania, in an amount to be fixed and approved by the court, or a law judge in vacation, for the use of those who may be found entitled to the damages for said taking and appropriation, the condi

Proviso.

In case title is defective, etc.

Bond.

Filing and ad

Title.

Viewers.

Notice of meet

Service of.

tion whereof shall be the same as is hereinabove pro-
vided in bonds to be tendered owners when known.
Upon the filing and approval of any bond provided for
by this section, the respective city shall have the right proval of.
to enter upon, take, and appropriate the lands men-
tioned in the bond aforesaid, and the title acquired by
virtue if the provisions of this act shall be the fee
simple title.

Section 3. In case the damages for the said taking
and appropriation have not been agreed upon, any
court of common pleas of the proper county, or any
law judge thereof in vacation, on application thereto
by petition of the city or any person interested, shall
appoint three discreet and disinterested freeholders as
viewers, and appoint a time, not less than twenty nor
more than thirty days thereafter, when said viewers
shall meet upon the premises or lands taken or appro.
priated, and view the same. The said viewers shall
give or cause to be given at least ten days' notice of
said meeting, to the owner or owners of the lands ing.
taken, if such owner or owners reside within the
proper county and can be found; and where the owner
or owners are minors, and have a guardian, then said
notice shall be given to the guardian, if resident with.
in the county, and can be found; and where the owner
or owners are lunatic or of unsound mind, and have a
committee or guardian, such notice shall be served
upon said guardian or committee; and in all cases
where the owner or owners are incapacitated or are un-
known, notice shall be given in at least two news.
papers of general circulation, printed and published
in the proper city or county; and they shall give such
other or further notice as the court shall direct, having
regard to the circumstances of the case. Where
minors have no guardians, and lunatics or persons of
unsound or feeble mind have no guardians or commit-
tees, the said court shall have power to appoint a guar-
dian, or committee ad litem, and direct that said
notice, and all other notices required by this act, shall etc.
be served upon them.

Section 4. The said viewers, having been duly sworn Viewers to be or affirmed, faithfully, justly, and impartially to de. sworn, etc. cide, and a true report to make, concerning the mat. ter to be submitted to them in relation to which they are authorized to inquire, in pursuance of the provi. sions of this act, shall hear the parties interested and their witnesses, and shall estimate and determine the Hearings. value of the lands taken and appropriated, and any damages that may have been sustained by reason of said taking and appropriation, and to whom the same is payable; and, having so estimated and determined the value of the property and damages sustained, they

Publication of.

Court may appoint guardian,

5 Laws.

Report,

Notice of.

Exceptions to.

Appeal.

shall make up their report, which shall be signed by them, or any two of them, and thereupon filed in the court of common pleas from which the order to view issued. Upon the filing of said report, the said viewers shall give notice thereof by one publication in at least two newspapers printed and published in the proper city or county, and in additional papers if so directed by the court.

Section 5. Upon said report being filed in court, any interested party, within thirty days, may file exceptions thereto; and the court shall have power to confirm, modify, change, or otherwise correct the same, or refer the same back to the same or new viewers, with like power as to their report. Or, within said thirty days from the filing of any such report in court, the respective city, or any party whose lands have been taken, may appeal to the proper court of common pleas, and demand a trial by jury, according to the course of the common law; and said court shall have power to order what notices shall be given in connection with any part of the proceedings, and make all such orders as it may deem requisite. Upon the entry of final judgment on any issue had upon such ap peal, either party shall have the right to an appeal to the Superior or Supreme Court, as in other cases.

Section 6. The viewers provided for in the foregoing sections may be appointed at any time after the ordinance is passed and approved providing for said taking and appropriation, and their fees shall be not more than four dollars for each day necessarily employed, and all costs of views shall be paid by the proper city. Approved–The 26th day of March, A. D. 1903.

SAML, W. PENNYPACKER.

Powers of the court.

Fees.

No. 65.

AN ACT

Commitment of children under 16 years of age.

To regulate the commitment of children under the age of six

teen years to institutions of correction or reformation. Section 1. Be it enacted, &c., That no child under the age of sixteen years shall be committed by any magistrate or justice of the peace to any institution for the purpose of correction or reformation, but all applications for such commitment shall be made to the court of quarter sessions of the county.

Section 2. All acts or parts of acts inconsistent herewith are hereby repealed. Approved–The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

Repeal.

No. 66.

AN ACT

Entitled an act amending "An act, entitled a further supple

ment to 'An act supplementary to an act, entitled an act to enable the citizens of the United States, corporations chartered under the laws of this Commonwealth and authorized to hold real estate, to hold and convey title which had been held by aliens and corporations not authorized by law to hold the same, approved June sixth, Anno Domini one thousand eight hundred and eighty-seven, providing for the confirmation of certain titles to real estate,' approved the ninth day of June, Anno Domini one thousand eight hundred and ninety-one; providing for the confirmation of certain titles to real estate, made since the ninth day of June, one thousand eight hundred and ninety-one."

Section 1. Be it enacted, &c., That section one of the act, entitled “A further supplement to 'An act supplementary to an act, entitled 'An act to enable the citizens of the United States, corporations chartered under the laws of this Commonwealth and authorized to hold real estate, to hold and convey title which has been held by aliens and corporations not authorized by law to hold the same,' approved June sixth, Anno Domini one thousand eight hundred and eighty-seven, providing for the confirmation of certain titles to real estate,' approved June ninth, Anno Domini one thousand eight hundred and ninety-one,” which now reads as follows:

“Section 1. That where any conveyances of real Section 1. act of estate in this Commonwealth have been made by any for amendment. alien, or any foreign corporation or corporations of another or of this State, or by the officers of any such corporation after dissolution or expiration of charter, since the ninth day of June, Anno Domini one thou. sand eight hundred and ninety-one, to any citizen of the United States, or to any corporation chartered under the laws of this Commonwealth and authorized to hold real estate, before any inquisition shall have been taken against the real estate so held to escheat the same, such citizens or corporations, grantee as aforesaid, shall hold and may convey such title and estate indefeasibly, as to any rights of escheat in this Commonwealth, by reason of such real estate having been held by an alien or corporation not authorized to hold the same by the laws of this Commonwealth,” be and the same is hereby amended to read as follows:

Section 1. That where any conveyances of real estate in this Commonwealth have been made by any Allen, or foreign alien, or any foreign corporation or corporations of corporation hav, another or of this State, or by the officers of any such estate before in; corporation after dissolution or expiration of charter, srantee may hold since the fifteenth day of June, Anno Domini one thou: title indefeasibly. sand eight hundred and ninety-seven, to any citizen of the United States, or to any corporation chartered

under the laws of this Commonwealth and authorized to hold real estate, before any inquisition shall have been taken against the real estate so held to escheat the same, such citizens or corporations, grantee as aforesaid, shall hold and may convey such title and estate indefeasibly, as to any rights of escheat in this Commonwealth by reason of such real estate having been held by an alien or corporation not authorized to hold the same by the laws of this Commonwealth. Approved--The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

No. 67.

AN ACT

Section 8. act of

To amend the eighth section of an act, entitled "An act to incorporate the Milanville Bridge Company, in Wayne county, Pennsylvania,” approved the eighth day of May, nineteen hundred and one, by making the owner of one or more shares of the capital stock of said company eligible to the office of director.

Section 1. Be it enacted, &c., That the eighth section of an act, entitled "An act to incorporate the Milan ville Bridge Company, in Wayne county, Pennsylva. nia," approved the eighth day of May, nineteen hun dred and one, which reads as follows:

No person shall be elected or appointed a director Mayanenamencited of said company unless he be the owner of stock in

said company to the amount of at least tio hundred and fifty dollars. Each share of stock shall entitle the person who subscribed for the same to one vote at the meeting of subscribers of stock, to be called when ten thousand dollars of said stock shall have been subscribed; and each share of said stock, issued by said company and duly countersigned by the president and secretary, shall entitle the holder thereto to one vote for directors of said company," be and the same is

hereby amended so as to read as follows: Qualification of

No person shall be elected or appointed a director of said company unless he be the owner of one or more shares of the capital stock of said company. Each share of stock shall entitle the person who subscribed for the same to one vote at the meeting of subscribers of stock, to be called when ten thousand dollars of said stock shall have been subscribed, and each share of said stock, issued by said company and duly countersigned by the president and secretary, shall entitle the holder thereof to one vote for directors of said company. Approved-The 26th day of March, A. D. 1903.

SAML. W. PENNYPACKER.

directors,

Voting.

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