or owners of such waters, streams, land, or materials which such corporation may enter upon, use, or take away, in pursuance of the authority herein given, or, by reason of the absence or legal incapacity of any such owner or owners, no such compensation can be agreed upon, the court of common pleas of the proper county, on application thereto by petition, either by said corporation or by the owner or owners or any one in behalf of either, shall appoint five discreet and disinterested freeholders of the proper county and appoint a time not less than ten nor more than twenty days thereafter for said viewers to meet at or upon the premises where the damages are alleged to be sustained or the property taken, of which time and place five days' notice shall be given by the petitioner to the said viewers and the other party; and the said viewers, or any three of them, having been first 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 in pursuance of the provisions of this act, and having viewed the premises, they shall estimate and determine the quantity, quality, and value of said lands, streams, or property so taken or occupied, or to be taken or occupied, or the materials so used or taken away, as the case may be, and having a due regard to and making just allowance for the advantages which may have resulted, or which may seem likely to result, to the owner or owners of said streams, land, or materials, in consequence of the making the improvements or conducting the operations of such corporation or of the construction of works for which the property is to be taken; and after having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether any, and if any what amount of damages has been or may be sustained, and to whom payable, and make report thereof to the said court; and if any damages be awarded, and the report be confirmed by the said court, judgment shall be entered thereon; and if the amount thereof be not paid within thirty days after the entry of such judgment, execution may then issue thereon, as in other cases of debt, for the sum so awarded, and the costs and expenses incurred shall be defrayed by the said cor

poration; and each of the said viewers shall be entitled to one dollar and fifty cents per day for every day necessarily employed in the performance of the duties herein prescribed, to be paid by such corporation.

In all cases where the parties can not agree upon the amount of damages claimed, or, by reason of the absence or legal incapacity of such owner or owners, no such agreement can be made, either for lands, streams, water, water-rights, franchises, or materials, the corporation shall tender a bond with at least two sufficient sureties to the party claiming or entitled to any damages, or to the attorney or agent of any person absent, or to be (the) guardian or committee of any one under legal incapacity, the condition of which shall be that the said corporation 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 for by this act: Provided, That in case the party or parties claiming damages refuse or do not accept the bond as tendered, the said corporation shall then give the party a written notice of the time when the same will be presented for filing in court, and thereafter the said corporation may present said bond to the court of common pleas of the county where the lands, streams, water, or materials are, and if approved the bond 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.

The viewers provided for in this section may be appointed before or after the entry for constructing said work or taking materials therefor, and after the filing of the bond hereinbefore provided for; and upon the report of said viewers, or any four of them, being filed in said court, either party, within thirty days thereafter, may file his, her, or their appeal from said report to said court. After such appeal either party may put the cause at issue in the form directed by said court, and the same shall then be tried by said court and a jury, and after final judgment either party may have a writ of error thereto from the supreme court, in the manner prescribed in other

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cases; the said court shall have power to order what notices shall be given connected with any part of the proceedings, and may make all such orders connected with the same as may be deemed requisite. If any exceptions be filed with any appeal to the proceedings, they shall be speedily disposed of; and if allowed, a new view shall be ordered; and if disallowed, the appeal shall proceed as before provided.

AN ACT SUPPLEMENTARY TO AN ACT, ENTITLED "AN ACT TO PROVIDE FOR THE INCORPORATION AND REGULATION OF CERTAIN CORPORATIONS," APPROVED APRIL TWENTY-NINTH, ONE THOUSAND EIGHT HUNDRED AND SEVENTY-FOUR, RELATIVE TO THE INCORPORATION AND POWERS OF TELEGRAPH COMPANIES FOR THE USE OF INDIVIDUALS, FIRMS, AND CORPORATIONS, AND FOR FIRE ALARM, POLICE, AND MESSENGER BUSINESS.

Approved 1st May, 1876. (P. L., 1876, page 90.)

SECTION 1. That corporations of the second class may be formed and created in the manner provided for by the act to which this is a supplement, and with all the rights and powers therein granted, for the purpose of constructing, maintaining, and leasing lines of telegraph for the private use of individuals, firms, corporations, municipal and otherwise, for general business, and for police, fire alarm, or messenger business, or for the transaction of any business in which electricity over or through wires may be applied to any useful purpose.

SEC. 2. The business of such corporation may be wholly within or partly within and partly without the limits of any city, borough, or township in this State, or partly in any other State or States.

SEC. 3. That in lieu of the requirements of the first paragraph of the thirty-third section of the act to which this is supplementary, approved April twenty-ninth, one thousand eight hundred and seventy-four, the charter for the incorporation of companies under the provisions of this act shall state :—

First. In what counties in this State it is proposed to carry on business.

Second-In what other States it is proposed to carry on business.

SEC. 4. That before the exercise of any of the powers given under this act application shall be first made to the municipal authorities of the city, town, or borough in which it is proposed to exercise said powers, for permission to erect poles or run wires on the same, or over or under any of the streets, lanes, or alleys of said city, town, or borough, which permission shall be given by ordinance only, and may impose such conditions and regulations as the municipal authorities may deem necessary: Provided, That cities of the first class shall be exempted from the provisions of this act.

AN ACT RESPECTING TELEGRAPH, TELEPHONE, ELECTRIC LIGHT, AND OTHER WIRES AND CABLES FOR ELECTRIC PURPOSES.

Approved 19th April, 1883. (P. L., 1883, page 13.)

SECTION 1. That whenever any wire or cable used for any telegraph, telephone, electric light, or other wire, or cable for electric purposes, is or shall be attached to, or does or shall extend upon, or over any building or land, no lapse of time whatsoever shall raise a presumption, or justify a prescription of any perpetual right to such attachment or extension.

AN ACT TO ESCHEAT TO THE COMMONWEALTH THE TELEGRAPH LINES AND PROPERTY OF TELEGRAPH CORPORATIONS, ASSOCIATIONS, AND COMPANIES WHICH VIOLATE THE PROVISIONS OF THE CONSTITUTION PROHIBITING THE CONSOLIDATION WITH OR THE HOLDING OF A CONTROLLING INTEREST IN THE STOCK OR BONDS OF A COMPETING LINE OF TELEGRAPH, OR THE ACQUISITION BY PURCHASE OR OTHERWISE OF ANY OTHER COMPETING LINE OF TELEGRAPH, PRESCRIBING THE METHOD BY WHICH THE SAME MAY BE DONE AND REGULATING THE PROCEEDINGS THEREUNDER.

Approved 5th June, 1883. (P. L., 1883, page 84.)

SECTION I. That whenever any telegraph corporation, telegraph association, or telegraph company chartered for telegraph purposes, and owning and controlling a telegraph line

in this State, shall consolidate with any other telegraph corporation, telegraph association, or telegraph company chartered for telegraph purposes, and owning and controlling a competing telegraph line, the said competing telegraph lines, and all franchises and property connected therewith for the operation of the same within this State, shall be forfeited to and become the property of this Commonwealth.

SEC. 2. Whenever any such corporation, association, or company owning and controlling a line of telegraph shall hold a controlling interest in the stock or bonds of any such other telegraph corporation, association, or company owning a competing line of telegraph, or shall acquire by purchase or otherwise any other competing line of telegraph, the stock or bonds so held and the telegraph line, together with all franchises so purchased or otherwise acquired, shall be forfeited to and become the property of the Commonwealth.

SEC. 3. Whenever any telegraph line, franchises, property, stocks, bonds become forfeited and escheat to the Commonmonwealth under the first and second sections of this act, such forfeiture and escheat may be decreed under proceedings by quo warranto in any court of common pleas of this State, from which decree any party interested may appeal to the supreme court at any time within six months after such decree, and not afterward: Provided, That any holder of stock or bonds of any such telegraph company, who shall have been opposed to the consolidation with or sale to the competing company, or shall not have assented thereto or acquiesced therein, may be admitted as a co-defendant in such quo warranto proceedings, and, upon proof of such opposition or want of assent and acquiescence to the satisfaction of the court, it shall be lawful for the court to so mould the decree as to be without prejudice to the right of such innocent stockholder to hold his stock; and in case of an innocent bondholder that he shall be entitled to such pro rata share of the proceeds of the sale by the Commonwealth, as hereinafter provided, as his bonds shall bear to the whole amount outstanding; but in no case to exceed the par value of his bonds and accrued interest thereon.

SEC. 4. After a final decree of the court establishing the forfeiture and escheat to the Commonwealth, as provided in