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 purposes the necessary real estate, within or without the city limits as the case may be, after an ordinance shall have been passed providing for such taking and appropriation. propriate. Ordinance. In case of no agreement, etc. Bond to be given. Proviso. In case title is defective, etc. Bond. 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 entitled 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 have 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 lands 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 neces sary 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 Filing and ap tion whereof shall be the same as is hereinabove pro- Title. Viewers. Notice of meet Service of. 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 within 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 unknown, notice shall be given in at least two newspapers 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 committees, the said court shall have power to appoint a guardian, or committee ad litem, and direct that said notice, and all other notices required by this act, shall etc. be served upon them. Publication of. Court may appoint guardian, Section 4. The said viewers, having been duly sworn viewers to be or affirmed, faithfully, justly, and impartially to de- worn, etc. cide, and a true report to make, concerning the matter 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 5 Laws. Report. Notice of. Exceptions to. Appeal. Powers of the court. Fees. 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 appeal, 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. Commitment of children under 16 years of age. Repeal. No. 65. AN ACT To regulate the commitment of children under the age of sixteen 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. No. 66. AN ACT Entitled an act amending "An 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 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: June 15, 1897, cited "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 thousand 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: ing conveyed real 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, havanother or of this State, or by the officers of any such estate before incorporation after dissolution or expiration of charter, since the fifteenth day of June, Anno Domini one thousand eight hundred and ninety-seven, to any citizen of the United States, or to any corporation chartered quisition held, the grantee may hold title indefeasibly. and convey such under the laws of this Commonwealth and authorized Approved-The 26th day of March, A. D. 1903. Section 8, act of for No. 67. AN ACT 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 Milanville Bridge Company, in Wayne county, Pennsylva nia," approved the eighth day of May, nineteen hundred and one, which reads as follows: "No person shall be elected or appointed a director Me amendmented of said company unless he be the owner of stock in said company to the amount of at least two 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 directors. Voting. 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. |