Act of Apr. 28, 1899, P.L. 123, No. 101 Cl. 68

Act of Apr. 28, 1899, P.L. 123, No. 101
To amend the act, entitled "An act providing for the recording
of plans of all subdivisions of any lot or piece of land into
building lots heretofore laid out, or hereafter to be laid
out, for the purpose of selling more according to such plans,
and prescribing penalties for failure to record such plans,"
approved the twenty-eighth day of May, one thousand eight
hundred and ninety-five, so as to enlarge the scope thereof.
Section 2. Proceedings in case of lost or destroyed plan
After notice has been served upon any owner, or the legal
representative thereof, to record any plan of subdivision of any
tract of land, as aforesaid, said owner, or legal
representatives thereof, may, within sixty days prescribed in
said notice, present a petition to the court of common pleas of
the proper county, setting forth, under oath, that the plan of
subdivision of the land required to be recorded as described in
said notice is lost or destroyed; whereupon said court shall
order said petition filed and that no proceedings shall be begun
to collect any penalty under the provisions of this act, and at
the same time the said court shall further order that a plan of
the subdivision described in said notice shall be made and filed
in said court within a reasonable time to be fixed by said
court. Upon the filing of said plan, said court shall refer the
same to an examiner, who will ascertain and report whether or
not the plan of the subdivision of the said tract of land agrees
in lines, course and distance with the descriptions contained in
the deeds, or agreements, conveying title to parts of said tract
of land conveyed previous to the petition being filed. If it
appears from the examiner's report that such plan of subdivision
and the description of the conveyances made from said tract of
land agree, the court shall order the plan of the subdivision
recorded in the recorder's office; if it shall appear that there
are discrepancies between the lines, courses and distances
appearing upon said plan of subdivision in the deeds conveying
parts of the tract of land described, such discrepancies shall
be marked upon plan as submitted, and said plan with the
discrepancies marked upon the same shall be ordered recorded in
the recorder's office, as aforesaid. 1899, April 28, P.L. 123,
Sec. 2.
Cl. 68