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


assessment to the party entitled to receive
the same, or upon tender and refusal there
s OF and payment of the same into Court, it
shall be lawful for the corporation, at all
times thereafter, by its officers aud agents,
to enter upon the land to which such valua-
ton 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
/ full costs shall be awarded, and the collec-
ton thereof enforced as in cases of trespass
on the case.
! iii. That if any person owning land in,or
near any inland swamp, for the draining
and improvement whereof any such corpo.
ration shall have been formed, no. being a
member OF the same, or any tenant or agent
OF such person, shall, for the purpose of
draining, flowing, or in any manner using,
benefitng or drawing profit from such land,
make use Of any canal, waterway, ditch,
drain, dam, embankment, sluice, flood gate.
or other work made or constructed by such
corporation, without the consent of the cor
| poration, such owner or tenant shall be liable
| topay 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 1t 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
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.
~. That all the lands drained and inn
proved by any corporation formed as afore-
said, aud owned by members of such corpo-
ration, shall be Liable for the debts of
the corporations; and If 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 ment
thereof; for which purpose such judgment
or decree shall remain in full force and
virtue.
v. That any person having 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, (excepi
mere trustees without beneficial interest.
shall be deemed proprietor or owner OF
such land for the purposes of this act: and
in every case in which any such person
shall be an infant married woman, idiot or
lunatic, tho guardian Of such infsht, the
husband of such married woman. and the
committee of such idiot or lunatc, shall be
deemed a proprietor or owner Of such land
for the purposes Of this act: Irorided,
That such guardian, husband or committee,
shall apply in a summary way, by petition,
TO the Court of Chapcery, in behalf of their
respective infants, wives, idiots or lunatics,
for leave to become members of any cor
poration formed under this act for drainin0
and improving the swamp in which the
| land Of such infants, wives, idiots and luna
tics, are situated, in respect Of such lands.
and the said Court shall have power TO in
quire into the propriety of granting such
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
party to the articles OF association for
forming such corporation in respect of such
land, and the same shall be ms binding and
etfectual to all intents and purposes as il
such person had been the actual proprietor
of such land.
vi. That every swamp, except such MS
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
chairman and a secretary, and shall
keep regular minutes Of its proceedings.
VIII. That whenever twothirds or more
OF the proprietors of the swamp or bottom
lands lying on any river, creek, or other
water course, owning not less 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 ta.
ken to be an inland swamp, and be subject
to the provisions OF this act, such swamp
or bottom shaii ihereupon 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 |
al! the rights, powers, and privileges here.
nbeiore given to the owners OF inland |
swamps, and shall be subject to the same
conditions and obligations.
TX. That where said inland swamp is
owned to the amount Of two-thirds by one
individual, be or she shall possess all the
rights and powers conferred by this act on
the corporation aforesaid.
SOUTHERN QUARTERLY REvlEw.-Tbis
publication, from its commencement in |
New Orleans. by Mr.. Whitaker, until its
removal from Charleston, period of th;y.