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

thereof. or from any other cause, the same
cannct be purchased from the owner or
owners, the same may be taken at valu.
alton to be made by five Commissioners, or
a majority of them. to be appointed by any
Court of Record having law jurisdiction in
the District where some part Of ,hc land or
right Of way is situated and the said Com.
missioncrs, before they act, shall scvcrally
take an oath before some Justice OF the
Peace, faithfully and impartally,o discharge
the duty assigned them. In making said
valuation, the Commissioners shall take into
consideration the loss or damage which
may occur 70 The owner, or owners, in con.
sequence of the lanl being taken, or the
righl cf way surrendered, and also the benc.
fit and advantage he, she, or they, may re-
ceyc from the erection or establishment OF
the Rail Road or works. and shall state
particularly the nature and amount OF each,
anal the excess Of loss and damage over
and above the benefit and advantage, shall
form the measure Of vaua ion of tic said
land or right cfway. The proceedings Of
the said Commissioners, accompanied with
a full description Of the sail land, or right
of way, shall be returned under the hands
ard seals of minority Of the Commission
ers, to the Court from which the commission
issued, there 10 remain Of record. 10 case
tiihcr party to the proceedings, shall appea!
from the valuation to lie next session ofthe
Court granting the commission, and give
reasonable notice to the opposite party OF
such appeal, the Court shall order q new
valuation to be made by Jury, who sla
be charged there with in the same term, or
as soon as practicable, and their verdi
shall be final and conclusive between the
parties, unless new aisshaIl be granted:
and the lands or right Of way so valued
by the Commissioners or Jury, shall vest
in the said Company in fee simple, so soon
as the valuation may be pail, or when re-
fused may be rendered when there shall
be an appeal as aforesaid, from the valua-
ton Of Commissioners, By cihcr ofthe par.
ties, the same shall not prevent the works
intended TO be constructed from proceeding;
but when the appeal is made by the Com
pany, requiring the surrender, they shall
be at liberty to proceed in their work, only
on condition Of giving the opposite party
a bond with good security. to be approved
Of by the Clerk of the Court where the val
uaion is returned, in penalty equal 10
double the said valuation, conditioned for
the payment oflhe said valuation and inter-
est, in case the slmc be sustained, and in
case it be reversed, for the payment Of the
valuation thereafter 10 be made by the Jury,
and confirmed by the Court.
Sec. Is. In the absence of any contract
or contracts, with the said Company, in re.
lation TO lands through which the said road
or its branches may past, signed by the own
er thereof. (or by his agent. or any claim
ant, or person in possession thereof, which
may be conf med by the owner therof,)
it shall be presumed that the land upon
which II road or any. ofits branches may
be constructed, together with a space OF
one hundred feet on each side of The centre
of said road, has been granted 10 the Com
pany by the owner or owners thereof; ana
The said Company shall have good right and
title thereto. and shall have, hold and en-.
Joy the same, as long as the same be used
only for The purposes of the said road, and
no longer, unless the person or persons
own NC the SAID land at the time that part
OF the said road, which may be on the
said land was finished, or those claiming
under him, her, or them, shall apply for an
assessment of the value ofthc said lands as
hereinafter directed. within ten years neSt
after the said psr was finished land IN case
,hr sad owner or owners, or those claiming
under him, her, or them, shall not apply for
such assessment within ten years next alter
the said part was finished. he, she, or they,
shall be forever barred from recovering the
said land, or having any assessment or
compensation therefor; provided, nothing
herein contained shall effect the rights OF
feme couerts, or infants, until two years
afer the removal Of their disabilities.
Sec. lG. All lands not heretofore gran.
ted to any person, nor ap2ropria!ed by law
to the use Of the State, within one hundred
feet of the centre of the said road or its
branches, which may be consfrucled by the
said Company, shall YES, in the Company
As soon as the lrc of the rold is definitely
laid out through it, and any grant thereat.
ter snail be void.
SEC. II. Ifany person or persons shall
inrude upon the said Rail Road, or any
bra'.ch thereof, or part thereof, by any man
ner ofusc thereof, or ofthc rights and priv
ilcgcs connected thcrewi h, without the per.
mission, orconfrary to the will Of the said
Company, he, she, or they shall forthwith
foreleIt to the said Company, all the vehicles
that may be recovered by suit at law, and
the person Or persons SO inlruding may also
be indicted for msdemeanor, and upon con.
viction, fneI and imprisoned by any Court