Section 2. Proceedings to assess damages
In case the person or persons, firm or corporation, and the owner or owners of land taken, used and occupied, in accordance with the provisions of the foregoing section, shall be unable to agree upon the amount of damages to be paid for such use and occupancy, it shall be lawful for the said person or persons, firm or corporation, to file, in the office of the clerk of the court of quarter sessions of the county wherein the land is located, his or their petition to the said court for the appointment of viewers to appraise and ascertain said damages, and to file with such petition his or their bond to the Commonwealth of Pennsylvania, in such sum, and with such sureties, as shall be approved by a judge of said court, (said approval to be indorsed in writing on the said bond,) conditioned to pay to the owner or owners of the lands the damages which may be ascertained and awarded by the viewers, and confirmed by the court, together with such costs as may be decreed against the petitioner or petitioners; and therefore it shall be the duty of the said court, at its next succeeding term, to appoint three disinterested persons, who, after giving at least five days' notice to the parties, their agents or attorneys, shall proceed to view and assess said damages, considering the advantages and disadvantages to accrue, and make report thereof to the next court of quarter sessions; whereupon the said court shall proceed thereon in the same manner as is or shall be provided in the case of road views in said county, with power to order a review or confirm the report, and to decree payment of costs by either party, or divide the same between them, as justice and equity may require. 1871, May 15, P.L. 868, Sec. 2.