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

THE DRAINAGE BILL.
The following act to promote the i'm.
provement of swamp lands was passed at
the late session Of our Legislature, and is
now in full force:
An Act to promote the 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 filed and re-
corded in the Clerks Office of the district
in which the said land or the larger por.
tion thereof may lie,) 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 it is commonly called and
known, and shall have power and authors.
ty to make and ordain bylaw. 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
III. That it shall be lawful for every such
corporation, by its agents, surveyors, enci-
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 have been
formed, and owned by persons not being
members OF such corporation, for the pur.
pose OF inspecting, examining, aud survey.
ing the same; aud if it shall appear, by the
report of competent engineer, to be ne.
cesssry for the draining aud improvement of
suchswamp, that any canal, water way, ditch.
drain, dam, enbankment, sluice, flood-cate
or other work, should be madeor construct.
ed IN, through or upon any lands of any
person not 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 If il lies in seve
raj districts, to the court of either of said
distrlcts,) setting forth the facts of the case.
and praying that Commissioners NAV be an.
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.
strnctIon thereof would cause 10 the owner
OF the land; copy of which petition, to-
gether with copy of the engineers report
upon which 1t is founded, and notice in wri.
ting of the time aud place at which the
same will be brought to a hearing. shall
be served upon the owner of the land at
least ten days before such hearing. And
upon The hearing of such petition, unless il
be denied by affidavit that it is necessary
Tor The draining and improvement of such
swamps to make or construct any such
works as aforesaid, through or upon the
land owned by any person not 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 premises, giving at least three
days previous notice of such inspection
and examination to the parties interested,
ana 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 so made
shall be submitted in summary manner
to jury, and upon the finding of the
jury, # the same shall be for the pet
TONERS, Commissioners shall be appointed
and proceed as before directed; but if the
jury md for the respondents or defendants,
no appointment of Commissioners shall be
made; Provided, That either party NAV
move for new trial; but not more than
one new trial shall be allowed in any case
on Tue same issue. Either party may ap.
pear from the valuation and assessment |
inaue oy the Commissioners to the Court |
"t us next session after such valuation and |
assessment, giving reasonable notice of such
@TPPeai 70 Inc other party; whereupon the
court shall cause new valuation and as.
sessment to be made by jury, and their
verdict shall be final and conclusive, unless
{ new trial be granted Provided, That not
more than one new trial shall be allowed in
any such case of valuation and assessment.
= Pon The tinal determination of such yalua.
'lon !, ana assessment, either by the return Of
me commissioners not appealed from. or
~ case OF appeal by the finding Of Jury
not appealed from, or upon second finding