Section 4

Section 4. When said burgess and council cannot agree with the owner or owners of such required land for the purchase thereof, or with persons claiming to have sustained damage by reason of any thing done under the authority of this act, or when, by reason of the legal incapacity of any such owner or owners or person damaged, no such purchase or agreement can be made, the court of Quarter Sessions of Erie county, shall, on the application of either party, take the same measures for ascertaining and enforcing payment of the value of such land or amount of damage done as is prescribed by the laws of the commonwealth in case of private roads: Provided, That no compensation for damage shall be allowed, unless the proper proceedings for ascertaining the amount there of be instituted within one year after the land shall have been taken or damage done, saving to orphans and insane persons, one year after their disability shall be removed, to institute their proceedings for the purpose aforesaid.