Section 4

Section 4. In all cases where the parties cannot agree upon the amount of damages so claimed, the railway company may tender a bond, with at least two sufficient sureties, to the owner or owners of said bridge, the condition of which shall be that the railway company will pay or cause to be paid, such amount of damages as the owner or owners of such bridge may be entitled to receive, after the same shall have been agreed upon by the parties, or assessed in the manner hereinbefore provided; and in case the owner or owners of such bridge, claiming damages, refuse and do not accept such bond, as tendered, the railway company shall then give to such owner or owners a written notice of the time when the same will be presented for filing and approval in court, and, at said time, the said railway company may present such bond to the court of common pleas of the county, and, if the bond and sureties are approved, the same shall be filed in court for the benefit of those interested, and recovery may be had thereon, for the amount of damages assessed, if the same cannot be made upon execution upon the judgment recovered; and upon the filing of such bond, the railway company are empowered to enter into the use and occupation of the bridge.