Section 2

Section 2. When said railway company cannot agree with the owner or owners of any such bridge for the compensation proper for the damage done, or likely to be done to, or sustained by such owner or owners of such bridge, by such occupation and use of said bridge, the court of common pleas of the proper county, on application thereto by petition, either by said railway company, or the owner or owners of said bridge, shall appoint three discreet freeholders of said county, neither of whom shall be interested in said railway company, or said bridge, as viewers, and appoint a time, not less than ten or more than twenty days, for said viewers to meet at said bridge, of which time and place five days' notice shall be given by the petitioner to the other party and to the viewers; and the said viewers, or any two 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 decide, and having viewed the said bridge, and considered the use and occupation thereof proposed by the said railway company, 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 bridge, in consequence of the making and opening said railway, and of the construction of tracks connected therewith, and, having made a fair and just comparison of said advantages and disadvantages, they shall estimate and determine whether, and if any what amount of, damages has been or may be sustained by the owner or owners of such bridge, and to whom payable, and to make report thereof to the said court; and if any damages be awarded, and the report be confirmed by the court, judgment shall be entered thereon, and if the amount of such judgment with all costs be not paid within thirty days, execution may thereon issue, as in other cases of debt, for the sum so awarded, and the costs and expenses so incurred shall be paid by said railway company. Each viewer shall be entitled to one dollar and fifty cents for each day by him employed in the duties herein prescribed, and it shall be paid by the railway company. Either party may file exceptions to the viewers' report, and, if allowed, a new view shall be ordered.