The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1847-02-17

any urluS sOrSYeUtctesu suSeu5 u5lyrSOrstns Trans
porla.inn lilrren,,. such person or persona.
SO offending. shall be iable 10 6eititlicled
itherelors un,l, OH rscoiisictinn, sslatl be i'm
prisnned nnt.nnre nrethaniwelvein tlissnt,r
less than O,is month. and pn 8 fine no I
exceeding one thousand lsllars, nor; less
than one hunlieil sdnllnrs, OF the discretion;
shall take place, and shall be further liable
to pay ylall the expenses OF repairing the
same AMI il shalt not be befcompetentsfO for
any persnn, 81 offending againststh pr0
visionol liisclause. to defend himself, by,
pleading nr giving vilence, tliat he was
the owner or agent, or servant of the ow-
mr., ofytl,e lan,lTwhere such destruction,
hurt, damnge, injury or obstrncti0n, was
done or caused, nt thcaime the same was
cause,l nr done. :s
XXI.3Evcry obstrnctionstol The snfe and
free rassage ofvehicles on The said road,
shall be deemed q public nuiseance, an,
may be ahalc,l, rs such: By any guflicer,,
agent, or servnn, of the company, and the
person cn using such obstrucli0n; may be
indicted aud punished for erecting q 8 pubs
lie nuisance. /. ). 2..}Ii: ~
XXI. Whenever, in the construction
of said Rail Roa,l, as shall be,necessaryitu
cross CT intcrsec any established road ar
way, /. shall be The duty Of The said Presi.
dent and Directnrs. SO to construct the
sail Rail Road across such established
Ts,ads or ways, ns mt 10 impede The nas-
snge or transportation Of persons or prop
crty along the same. Pr0pided, kopeper,
lhut in order to prevent the frequent cros-
sing Of established roads or5wrys, or in
case it may be necessary 10 occupy lhr
same, it may be lawful for the said Prcsi-
dent and Directors, 10 change the said
roads al points they may deem i, expe,li-
ent 10 do so; an ] that, for entering upon
or taking any land that be necessary lhere-
for, they shall be. and are hereby au.hori-
zcd to proceed under The provisions ofths
Act, as in The case Of lands for their Rail
Road. Prouidcd further, that previous Ia
the making "f any such change, The said
company shall make and prepare a road.
equally gnol with the portion Of the road
proposed 10 BIZ substituted; but nothing
herein contained shall be so construed us
10 make il incumbent upon the said com.
pany 10 keep in repair any portion or any
road which they may have changed, as
af'rcsaid. Provided also. that The com
missicners of the roads in the districts or
parishes, or The justices for The county IN
which such alteration shali be desired, shall
assent TO such alterations, and approve Of
the substitutes. when completed.
XIII. All machines. wagons, vehicles
and carriages, purchased as aforesaid, with
The funds Of the company, or engaged il
The business Transportation on said Rail
n"ud, ""d ait 'itr w"rKs OI sald cnmphny,
constructed or properly acquired, under
authority oflhis Aci. and all profits which
shall accrue from the same, shall be YES.
fn, Al n he rPc l. h,,l1
in proportion to !heir respective shares.
and the said shares Shall be deemed persu
nal esta,e.
XIV. Upan the road hereby aulhurzcd,
the company shall have the exclusive right
Of transportation. When il is completed,
they shull at all times furnish and keep in
good repair, the Necessary carriages aud
other requisites for the safe and convenient
transportation of persons and property;
and it shall be their duty u, all times. upon
the payment or tender Of The tolls hereby
allowed, TO transfer 10 any depot on The
road. which tho owner Of the goods may
indicate, and there TO deliver all articles
which may be delivered to them for trans
portation, or offered 10 them in proper
condition Ia be transported.
XIV. They shall give no undue prcf>
that Of another, but as far us practicable,
shall carry ench in The order of time IN
which !, shall be delivered or offered for
transportation. with the tolls paid or
rendered. II the Company, or any Of its
officers or agents. shall fail to receive,
transport. or deliver, in due time. any
property so delivered aud offered 10 them,
for transportation, or shall fail to take up
or set down any passenger or passengers,
nj such convenient station as he or they
may desire, upon The payment or tender
Of The passage money hereby allowed. they
shall forfeit and pay to The party, SO inju.
red, double the amount Of The lawful toll
paid or rendered, nm shall moreover be
liable 10 an action in the case, in which
full damage and double costs shall be re.
covered.
xXVI. So soon as any p,rtion or ,lc Rail
Road hereby aTth"rizrd, mny be in resdi-
ness for transportation, it shall be lawful
for the said Presidcn, and Directors, 10
transport by their nllicers or agents, ar by
contracts under them, persons and proper
~ on the same, aud they shall have power
10 charge for such transportation Of per-
sons. goods. producc. merchandize, aud 9th.
or articles, and for .hetrnnsporlalion of The
mi IL. r m