Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1861-04-04


tors, administrators or assigns, at the suit
of said company, by action of assumpsit in
any court of competent jurisdiction, or by
warrant before Justice of the Peace, when
the sum does not exceed one hundred dol
lars and in all cases of assignment of stock
before the whole amount has been paid to
the company, then for all sums due on stock,
both the original subscriber, the first and
all subsequent assiguees, shall be liable to
the company and recovered as above de-
scribed.
Sec. 7. Be 1t further enacted, That the
debt of the stockholders due to the company
for stock therein, eitherby the original sub
scriber or assignee shall, be Of equal digni-
ty with judgments in the distribution of as.
sets of deceased stockholder by his legal
representative.
Sec. s. Be 1t further enacted, That said
company shall issue certificates Of stock to
its members, and said stock may be trans
ferred in such manner as may be directed
by the bylaws of said company.
Sec. 9. Be 1t further enacted, That said
company may at any time increase its capt.
tai stock to sum sufficient to complete
said road, either by opening books for sub
scription of new stock or borrowing money
on the credit Of the company, or by mort
gagipg its charter and works, as ythe stock.
holders directed.
Sec. 10 Be 1t further enacted, That the
said company shall have power to construct,
as speedily as possible, a railroad with one
or more tracks along the line, as heretofore
set forth in this act, and shall have the
privilege of using any section of said road
constructed by them before the whole is
completed.
SEC. II. Be 1t further enacted, That said
company shall have power to construct said
road across any public road, or along the
bed of such road !: Provided, ho'oeuer, That
said railroad company make as good, sub
stantial road at one side.
Sec. 12. Belt further enacted: That when
any land or right Of way may be required
by said company for the purpose of construc-
ting their road, and for want of agreement
as to the value thereof, or from any other
cause, the same cannot be purchased frou:
the owner or owners, the same may be ia
ken at valuation, to be made by five CON-
missioners, or majority of them, to be ap-
pointed by the county courts of the respec-
tive counties in which some part of the
land or right of way is located. In making
said valuation the commissioners shall take
into consideration the loss or damage which
may accrue to the owner or owners, in con.
sequence of the lands or right of way being
surrendered, and the benefits or advantages
be, she or they may receive from the erec'
ton of said road, and state particularly the
value and amount of each, and the excess
of loss and damage over and above the ad-
vautages and benefits, shall form the meas
ure of valuation of said land or right of
way: Provided, nevertheless, That if any
person or persons, over whose lands the
road may pass, or the company, should be
dissatisfied with the valuation of said com
missioners, then, and in that case, either
party may appeal to the Superior Court O.;
and the proceedings of said commissioners,
accompanied with a full description of said
lands or right of way, shall be returned un.
der the hands and seals of majority OF
the commissioners to the court from which
commissions issued, there to remain mat
ter of record and the lands or right of way
so valued by the commissioners shall be
used for the purpose of said railroad, 50
soon as the valuation may be paid, or when
refused, may have been rendered: Pro0I.
ded, That the right of condemnation shall
not extend to the dwelling house, yard gar
den, or grave yard Of any individual with
out his consent.
Sec. 13. Be 1t further enacted, That the
right of said company to condemn lands In
the manner described in the 18th section
of this act, shall extend to the condemna'
tion of only one hundred feet on each side
of the main track of said road, unless in
case of deep cuts and filings, when said
company shall have power to condemn as
much in addition thereto, as may be neces'
sary for the purpose of constructing said
road /; and the company, in like manner,
shall also have power to condemn any ad'
joining lands for the construction and build
ing depots, shops, work houses, buildings
for servants, agents and persons employed
90 the road, not exceeding two acres in any
one place.
SEC. IA. Be 1t further enacted, That all
the lands on which the road may be located,
not heretofore granted by the State, within
one hundred feet of the centre of said road
which shall be constructed by said com
pany, shall vest in the company as soon as
the line of the road is definitely laid out.
Sec. Is. Be 1t further enacted, That said
company shall have the exclusive right OF
the conveyance or transportation Of persons,
goods, merchandise and produce over said
road at such charges as may be fixed by a
majority of the directors.
Sec. Is. Be 1t further enacted, That said
company shall have the right, and it shall
be their duty to take at the store-houses
they may establish or annex to their road
all goods, wares, merchandise and produce
intended for transportation, prescribe the
rules of priority and charge, and receive
such just and reasonable compensation fol
storage as their bylaws may establish Of
may be fixed by agreement.
SEC. II. Be 1t further enacted, That the
board of directors may fill all vacancie;
which may occur in it during the perioc
for which they may have been elected, and