Act of May 26, 1893, P.L. 139, No. 89               Cl. 11

                                  AN ACT

     Authorizing cities of the Commonwealth of Pennsylvania to enter
        upon, take, use and appropriate private property for the
        construction of piers, abutments, fills, slopes and
        approaches for bridges crossing rivers within the corporate
        limits thereof, and providing the manner in which
        compensation shall be made.

        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 89 is repealed insofar as it relates to third
            class cities.
        Section 1.  Be it enacted, &c., That it shall be lawful, and
     the right is hereby given to the cities of this Commonwealth to
     enter upon, take, use and appropriate private property for the
     purpose of constructing and maintaining all such piers,
     abutments, fills, slopes and approaches as shall be found
     necessary in the erection, construction and maintenance of such
     bridges as shall be authorized and constructed by such cities,
     within their corporate limits, over any stream or river which
     shall separate any parts or portions of such city.
        Section 2.  If the compensation and damages arising from any
     such taking, using and appropriating of private property cannot
     be agreed upon by the owners thereof and such cities, it shall
     be lawful for such city to tender the bond thereof as security
     to the party claiming or entitled to any damages, or to the
     attorney or agent of any absent person, or to the agent or other
     officers of a corporation, or to the guardian or committee of
     any one under legal incapacity, the condition of which shall be
     that the said city shall pay, or cause to be paid, such amount
     of damages as the party shall be entitled to receive, after the
     same shall be agreed upon or assessed in the manner provided by
     this act. In case the party or parties claiming damages refuse,
     or do not accept the security so tendered, the said city shall
     then give the party, his, or their agent, attorney, guardian or
     committee, written notice of the time when the same will be
     presented in the court for approval, and thereafter the said
     city may present said security to the court of common pleas of
     the county where the lands or other property are situated, and
     when approved, the said security 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, and upon the approval of said
     security said city may proceed with the said work.
        Section 3.  In case the compensation for damages accruing
     from such 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 said city or any person
     interested, shall appoint three discreet and disinterested
     freeholders as viewers and appoint a time, not less than ten nor
     more than twenty days thereafter, when said viewers shall meet
     upon the property and view the same and the premises affected
     thereby. The said viewers shall give at least ten days' personal
     notice of the time of their first meeting upon the owners,
     agents, attorneys or representatives thereof, if the same reside
     within the county in which such city is located, otherwise by
     handbills posted upon the premises or by such other notice as
     the court shall direct. The said viewers having been duly sworn
     or affirmed faithfully, justly and impartially to decide and
     true report to make concerning all matters and things to be
     submitted to them and in relation to which they are authorized
     to inquire under the provisions of this act, and having viewed
     the premises or examined the property shall hear all parties
     interested and their witnesses and shall estimate and determine
     the damages for the property taken, injured or destroyed, to
     whom the same are payable, and having due regard to the
     advantages and disadvantages; they shall give at least ten days
     notice thereof in the manner herein provided to all parties
     interested of the time and place when said viewers will meet and
     exhibit said report and hear all exceptions thereto. After
     making whatever changes are deemed necessary the said viewers
     shall make report to the court, showing the damages, if any
     allowed, and file therewith a plan showing the location of said
     bridge, or bridges, the properties taken, injured or destroyed,
     and the names of the persons to whom such damages are payable.
        Section 4.  Upon the report of said viewers, or any two of
     them, being filed in said court any party may, within thirty
     days thereafter, file exceptions to the same, and the court
     shall have power to confirm said report, or to 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 thirty days from the filing of any report in court, or
     the final action of the court upon the exceptions, any party
     whose property is taken, injured or destroyed, may appeal and
     demand a trial by jury, and any party interested therein may,
     within thirty days after final decree, have an appeal. If no
     exceptions are filed, or no demands made for trial by jury
     within the said thirty days after the filing of said report, the
     same shall become absolute. The said court of common pleas shall
     have power to order what notices shall be given in connection
     with any part of said proceedings and may make all such orders
     as it may deem requisite. (4 repealed in part Jun. 3, 1971,
     P.L.118, No.6)
        Section 5.  The viewers provided for in the foregoing
     sections may be appointed before, or at any time after, the
     entry, taking appropriation, or injury of any property or
     materials for constructing said bridge or bridges.
        The costs of the viewers and all court costs incurred in the
     proceedings aforesaid shall be defrayed by the said city, and
     each of the said viewers shall be entitled to a sum, not
     exceeding five dollars per day, for every day necessarily
     employed in performance of the duties herein prescribed.