Cheraw gazette and Pee Dee farmer. [volume] (Cheraw S.C.) 1838-1839, 1839-02-27

ROAD, or lis UTaiiCIeS, Sudit ~ "HN
public nuisance, and may be abaed as such.
by any officer, agent ors ant of the Com.
pany and the person causing snch obstruc-
ton, may be indicted and 1unish2 for ere:t.
ING a pubic nuisance.
SEC. 20. Whenever, in The construction
ofsaid Rail Road, it shall be necessary 70
cross or in.ersect any established road, or
way, it shall be the duty OF the said Prss;-
dent and Directors so construct The SAID
Rail Road across suct, established roads or
ways as not to impede tic passage oFlrans
portation Of persons Or properly. a!eng The
same Provided, however, That iii order to
prevent the frequent crossing ofcslabIlsfcd
roads or ways, in case !! my be necessary
to occupy the same, it may be lawful for the
said President and Directors 10 change the
said roads at points they ray deem it ex-
pcdicnt 10 do 50 and that Ter catering upon
or taking any land that may be necessary
therefor, they shall be, and are hereby au.
lhorized to proceed under the provisions Of
Ibis Act, as in the case Of lands necessary
tor their Rail- Road. Proridcd, further, I,at
previous to the making Of any such change,
The sad Company shall make and prepare
L road equally good with the portion Of The
road proposed 10 be substituted e; but noll-
ing here in contained shall be SO construed
as 10 M i: incumbcn; on the sail Com
pany to keep in repair any portion of any
ROAD, which they may have chanscl as
aforesaid: PROVIDED, also, the Commission
er Of the roads, in the Districts or Parishes
in which such alterations shall be desired,
shall assent to such alterations, and approve
of the substitutes when completed.
Sec. 81. All machines, wagons, vehicles
and carriages purchased as aforesaid, with
the funds Oft the Company, or engaged in the
business Transportation on sail Rail Road,
and all the works Of said Company con.
strucled, or property acquired under au1hor-
Ity ofihs Act, and all profits which shall
accrue from the same, shall be vested in the
respective stockholders forever, in propor-
ton TO THEFT respective shares, and the same
shall be decned personal estate, and shall be
exempt from any public charge or tax what.
ever for the term OF fifteen years, and there
after the Legislature may impose tax not
exceeding twenty-five cents per annum per
share on each share Of the capital Stock.
whenever the annual prof:s thereof shall
exceed SIX per cent.
Sec. %. Upon the road hereby author
thorizcd; the Company shall have the cx.
elusive right Of transportation when ii is
completed, they shall at all times furnish
and keep in good repair, the necessary car.
riages and o:her requisites for the s'fe and
convenient transportation Of persons and
property and it shall be their duty at all
times, upon the payment or tender OF the
tolls hereby allowed, to transport to any de-
pot on the road, which the owner OF the
goods may indicate, and there to deliver all
articles which be delivered TO them for tran.
! spor,ntion, or offered to them in proper
condition to BE- transported.
SEC. %. They shall give no undue
preference TO the properly Of one person
over that Of another, but as far as practical
bic, shall carry each in :he order Of time in
which it shall be delivered, or offered for
transportation, with the tolls paid or ten
dcred. If the Company, or any Of its off,
GERS Or agents, shall fail to receive, trans
port. or deliver, in due time, any property
so delivered or offered to them for transpor-
tation, or shall fail to take up set down any
passenger or passengers, at such conven-
lent point as re or they may desire, upon
the payment or tender Of the passage money
hereby allowed, they shall forfeit and pay to
the party so injurcd, double The amount of
the lawful oil pad or rendered, AMI shall
moreover be liable 20 an action on the case
on which full damages, and double costs.
shall be recovered.
Sec. "a. So soon as any portion Of the
Rail Road hereby authorised, may be in
readiness for transportatons, II shall be law
ful for the SAID Preside Mt and Directors to
transport by their officers or agents, or by
contractors under them, persons and proper
ty on the same ; and they shall have pow
er TO charge for the transportation Of per.
sons, goods, produce, merchandise, and
Other articles, and for the transportation of
the mail, any sum not exceeding the follow.
ing rates !; on persons, not exceeding se' cn
and one half cents per mile for each person.
unless the distance which any person may
be transported, be less than ten miles, in
which case the President and Directors may
may be entitled to make an extra charge
fifty cents, for taking up and putting down
Zach person so transported for the trans.
portalion Of goods, produce, merchandise
and oher articles, not exceeding fifty cents
per hundred pounds on heavy articles, and
ten cents per cubic foot on articles Of mca~
surcmcnf, for every hundred miles and
for the transportation of the mails, such
sums as they may agree for.
Sc. 25. AS soon as thirty miles of the