Section 4. Taking Possession before Damages are Assessed or Paid
It shall be lawful for the said Park Commission, after having given sixty days' notice of an intention so to do, to take actual possession of any lands or property included within the boundaries of the park, although the compensation or damages for the said grounds or property may not have been assessed or paid; and the City of Philadelphia shall thereupon become liable for the payment of the compensation or damages which may be awarded for taking such grounds, as of the date when said grounds and property were actually taken into possession, and with interest from such date: Provided, That before any such notice be given, as hereinabove provided, the said park commissioners shall have made an application to the court for the appointment of a jury according to the provisions of law. 1869, April 21, P.L. 1194, Sec. 4.