Pennsylvania Act 1871-781 — PROMOTE BUSINESS OF LUMBERING

Act text

PROMOTE BUSINESS OF LUMBERING
                  Act of May 15, 1871, P.L. 868, No. 781              Cl. 32
                                  AN ACT

     To promote the business of lumbering in the counties of Clinton,
        Centre, Clearfield and Elk.

        Section 1.  Lumbermen may pass over unimproved lands
        It shall be lawful for any person or persons, firm or
     corporation, engaged in the business of lumbering in the
     Counties of Clinton, Centre, Clearfield and Elk, to pass and re-
     pass over the unimproved land of any other person or persons, to
     enable the said person or persons, firm or corporation, so
     engaged in lumbering, his or their agents and employees, to have
     ingress and egress to and from the timber lands or mills upon or
     at, while they are engaged in said business; and it shall be
     lawful for the person or persons, firm or corporation, so
     engaged in lumbering, to lay out and open all roads which he or
     they may deem necessary, upon any unimproved lands, for the
     purpose of transporting his or their logs, timber, lumber,
     shingles or other property, and to take, use and occupy such
     unimproved land, (not being used or occupied by the owner or
     owners of said land,) as shall be necessary for the purpose of
     piling and banking the said logs, timber, lumber, shingles or
     other property: Provided, That the rights granted by this
     section shall not be exercised until the owner or owners of the
     land so taken, used and occupied, shall be fully prepaid the
     damages he or they shall sustain by reason thereof, or the same
     shall be secured to him or them as provided in the second
     section of this act.   1871, May 15, P.L. 868, Sec. 1.
        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.