The Carolina Spartan. [volume] (Spartanburg, S.C.) 1852-1896, 1857-02-05
CAROLINA SPARTAN.
THE DRAINAGE BILL.

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proyement Of swamp lands was passed at
the late session Of our Legislature, and is
now in full force: .ss
An Act to promote tho draining and inn
provement Of Inland Swamps.
I. Be it enacted by the Senate and House
of Representatives., now met and sitting in
!, General Assembly, and by tue authority Of
the same, That whenever two-thirds or
more Of the proprietors Of the lands lying.
in any inland swamp, owning not less than
. two-thirds Of such swamp, shall associate
themselves together by written articles Of
agreement, for the purpose of draining and
improving the same, Ito be fled and re-
corded in, the Clerks Office Of the district
in which the said land or the larger por.
tion thereof may le,) they shall thereupon
become and be a body corporate for the
purpose Aforesaid, by the name of the pro.
prietors Of said swamp, designated by the
name by which 1t is commonly called and
known, and shall have power and authori.
ty to make aud ordain bylaws for the regu-
lation and government of such corporation,
not inconsistent with any law or statute of
force within this State, and to make such
assessments Of money and labor on the
members Of the corporation as may be re-
quisite for carrying into effect the objects
thereof.
II. That it shall be lawful for every such
corporation, by its agents, surveyors, engi-
neers and assistants, to enter upon any
lands and premises lying in or near The
swamp, for the draining and Improvement
whereof such corporation shall hare been
formed, and owned by persons mot being
members Of such corporation, for the pur.
pose Of inspecting, examining, and survey.
ing the same; and if it shall appear, by the
report Of a competent engineer, TO be ne.
cosssry for the draining aud Improvement Of
such swamp thatany canal, water way, ditch,
drain, dam, elnbankment, slnice, food.gate
or other work, should be made or construct
ed IN, through or upon any lands of any
person not Il member OF the corporation.
and no agreement can be made for obtain
ing the consent OF the owner of said land
thereto, then such corporation may apply,
by petition TO the Court of General Sessions
and Common Pleas of the district in which
such land is situated, (and il il lies in seve..
raj districts, to the court of either of said
districts,) setting forth the facts Of the case.
and praying that Commissioners may be ap.
pointed by the Court, TO ascertain and assess
the value Of the land which would be oc.
cupied by such works, and also the amount
OF loss or damage which the making or con.
struction thereof would cause 10 the owner
OF the land; copy Of which petition, to-.
gether with a copy Of the engineers report
upon which it is founded, and notice in wri.
ting of the time and place at which the
same will be brought to hearing, shall
DC served upon the owner Of the land at
least ten days before such heating. Aud
upon the hearing of such petition, unless il
be denied by affidavit that it is necessary
for the draining and improvement of such
swamps to make or construct any such
works as Aforesaid, through or upon toe
land owned by any person not a member of
the corporation, and affirmed in the same
manner that such swamp can be as well
and etfectually drained and improved With
out encroaching upon any such land, the
Court shall appoint three competent and dis.
interested persons to be Commissioners for
the purposes aforesaid. And the persons so
appointed, having first been duly sworn to
execute and perform the duties assigned
them as such Commissioners, truly and i'm.
partially, and to the best of their Judgment
and ability, shall proceed to inspect and
examine the promises, giving at least three
days previous notice Of such inspection
and examination to the parties interested.
and alter such inspection and examination
to make the valuation aforesaid, and return
the same in writing under their hands to
the Court. But in case Of such denial and
affirmation as aforesaid, the issue 30 made
shall be submitted in summary manner
to jury, and upon the finding of the
jury, if the same shall be for the peti
TONERS, Commissioners shall be appointed
and proceed as before directed; but il the
jury find for the respondents or defenaaats,
no appointment of Commissioners shall be
made Prowded, That either party may
move for a new trial; but not more than
one new trial shall be allowed in any case
on the same issue. Either party may ap.
pear rom the valuation and assessment
made by the Commissioners to the Court
at It's next session after such valuation and
assessment, giving reasonable notice Of such
appeai 70 the other party; whereupon the
oouft shaii cause new valuation and as
aessment to be made By jury, aud their
serdlct shall be fnal and conclusive, unless
new trial be granted: PROVIDED. That not
more tlan one new trial shall be allowed in
any such case OF valuation and assessment.
upon the final determination Of such yalua.
mon ana assessment, either by the return Of
.ne commissioners not appealed from. or
10 case Of appeal by the finding Of Jury
not appealed from, or upon a second finding