The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1857-02-05


assessment TO the party entitled TO receive
tho same, or . 5,sn Il tender .sud refusal there
i Of and payment OF the same into Court, 1t
shall be lawful for the corporations, at all
4 times thereafter, by its officers and agents,
TO enter upon the land to which such yalua
tion and assessment had reference, for the
purpose Of making and constructing, main.
! tanning and keeping in repair any such
work as aforesaid. In all cases Of appeal
4 full costs shall be awarded, and The collcc-
ton thereof enforced as in cases oftrespass
on the case.
III. That If any person owning land inor
near any inland swamp, for the draining
and Improvement whereof any such corpo-
ration shall haye been formed, not being a
member OF the same, or any tenant or agent
Of such person, shall, for the purpose Of
dsaining, flowing, or ip any manner using,
benefi,ing or drawing pro6tfrom such land,
make use OF any canal, waterway, ditch,
drain, dam, embankment, aluice, flood gate,
orsother work made or constructed by such
corporation, without the consent Of the cor
poration, such owner or tenant shall be liable
to pay to the corporation such reasonable rent
therefor as they may demand, not exceeding
one.third of the clear annual value of the
land, including any addition thereto derived
from the use Of any such work as aforesaid
That If the owner of the land, in or near
any inland swamp, for the draining and
improvement whereof any such corporation
shall have been formed, desires to become
a member OF such corporation, instead Of
paying rent as above provided, he shall be
at liberty to do SO by paying his proportion
OF the expenses incurred by the company,
with interest on the same.
Nv. That all the lands drained and i'm
proved BY any corporation formed as afore-
! said, aud owned by members of such corpo.
ration, shall be liable forsthe debts Of
the corporation; and II the land of any
member Of any such corporation shall be
taken in execution and sold to satisfy any
Judgment or decree against the corporation,
the person whose land shall have been SO
taken in execution and sold shall be enti
tied to receive, rs compensation therefor, by
contribution from the other members Of the
corporation, the value thereof, and shall
have the benefit Of the lien Of such iudg-
ment or decree for enforcing the pay menl
thereof for which purpose such judgment
or decree shall remain in full force and
virtue.
/ Y That any person havi.g legal or
equitable estate, in fee or for life, in land
lying IN any inland swamp, or in land
! through or upon which il may be necessary
to make or construct any work for draining
or improving any such swamp, (except
mere trustees without beneficial interest. !
! shall be Declined proprietor or owner cf
such land for the purposes OF tilis act; and
~ every case in which any such person
shall be an infant married woman, idiot or
l1unatic, the guard hn of such infant, The
husband Of such married woman. aud the
committee of such idiot or lunalic, shall be-
deemed proprietor or owner of such land
for the purposes of this act: Provided,
That such guardian, husband or committee,
4 shall apply in a summary way, by petition,
to the Court Of Chapcery, in behalf of their
respective infants, wives, idiots or Iunatics,
for leave TO become members of any cor.
! poration formed under this act for draining
and improving the swamp in which tho
land OF such infants, wives, idiots and luna
ties, are situated, in respect of such lands,
and the said Court shall have power TO in
quire into the propriety of granting such
4 leave, and TO make such order therein as
may seem meet; and if the Court shall grant
leave. it shall be lawful for the person who
shall have presented the petition to become
a party to the articles OF association for
forming such corporation in respect of such
land, and the same shall be as binding and
effectpal TO all insents and purposes as If
such person had been the actual proprietor
of such land.
VI. That every swamp, except such as
are commonly called river swamps, or river
bottoms, or river margins, shall be deemed
an inland swamp for the purposes Of this
act.
VII. That every corporation formed un-
der the provisions OF this act shall have
a chairman aud a secretary, and shall
keep regular minutes of its proceedings.
/ VIII. That whenever two thirds or more
Of the proprietors Of the swamp or bottom
lands lying on any river, creek, or other
water course, owning notless than two.thirds
OF all such swamp or bottom, shall enter into
written articles of agreement that such
swamp or bottom shall be deemed and IA.
ken to be an inland swamp, and be subject
- ""''S P'S''Sions VI Suls aVbi SUCH swamp
or bottom shall thereupon be deemed and
taken to be an inland swamp. and be sub.
Ject to all the provisions of this act, in the
same manner as other inland swamps, and
The owners thereof shall be invested with
all the rights, powers, and privileges here.
inbefore given 70 the owners OF inland
swamps, and shall be subject to the same
conditions and obligations.
1 TX. That where said inland swamp is
owned to the amount Of two-thirds by one
individual, he or she shall possess all the
rights and powers conferred by this act ON
the corporation aforesaid.
SOUTHERN QUAKTERLY REvIEw.-This
publication, from its commencement in
New Orleans, by Mr.. Whitaker, until its
/ rannnral frnra Mo rlostl.r.- :. ..a...l q m