The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-10-28
THE NEW REGLME.
ACTS OF THE LEGISLATURE.


ACTS OF THE LEGISLATURE.
An AcT to declare the manner by which the Lands
or the Right OF Way over the Lands, OF Persons
Corporations, may be taken for the construction
and uses of Railways and other works of interna
Improvement
7. Be 1t endcted by the Senate and House o.
Representatives Of the State of South Carolina
now met and sitting in General Assembly, an(
by the authority of the same, That whenever
any person or corporation shall be AUTHORIZE
by charter to construct a railway, canal, turn
pike, or other public highway IN this State
such person or corporation, before entering
upon any lands for the purpose Of construc-
tion, shall give to the owner thereof Gf he be
SUI juriS) notice IN writilg that the right OF
way over said lands is required for such pur-
pose, which notice shall be given at least thirty
days before entering upon said lands; and #
such notice shall be given and the owner shall
not, within the period Of thirty days after SER
vice OF said notice, signify in writing his re-
iusss,, or consent, it shall be presumed that
such consent Is given; and such person or cor
pora.ion may thereupon enter upon said lands /:
.Prou,ded, h0,ceuer, That the owner CT said
lands may be entitled to more for an assess
ment of compensation in the manner herem-
after directed.
II. That if the owner of the lands shall sig
Nifty his refusal of consent to entry upon his
lands without previous compensation, the per-
son or corporation requiring such right OF way
shall apply, by petition, to thu Circuit Judge
Of the county wherein such lands are situated,
for the impaneiling OF jury to ascertain the
amount which shall be paid as just compensa-
tion for the right Of way required, in which
petition shall be set forth description OF the
lands, the pames OF the owner or owners, the
purposes for which the lands are required,
\ Ill G. 1xA ~.11
material On the hearing Of such petition,
the Circuit Judge shall order the same to be
filed in the Office OF the Clerk of the Court OF
Common Pleas for said county, and shall fur
ther order the Clerk Of the Court to impanel
ajury of twelve to ascertain the compensation
for the use Of the lands required, and it shall
be the duty Of the Paid Clerk, Immediately
on receiving such ocder, to give to the owner
OF the lands notice thereof in writing, and
of the day which shall be assigned for the draw
ing Of the Jury, which notice shall be served at
least five days before the day assigned. On
the day assigned the said clerk, in the presence
of the parties If they shall attend, shall select
the names of twenty -four disinterested free
holders Of the county, and from that number
shall draw the names Of twelve to act as jurors,
and shall cause those so drawn to be forthwith
summoned to meet ct such place and at such
time as he may assign, for the purpose OF ex
amining the said lands and ascertaining the
over the same; 1t shan further be the duty of
the said clerk, in person or by his deputy, to
attend at the same time and place for the pur-
pose Of organizing the jury, and he shall have
power to summon from the vicinage other
disinterested freeholders to act as jurors in the
stead of any of those firss summoned who shall
fail TO attend, or who shall be objected to by
eitl&r party on the ground of disqualification
on account Of interest.
III. That the jury 80 impanelled, after being
first sworn faithfully and impariaIy to deter
mine the question OF compensation submitted
to them, shall proceed to inspect the premises
and to take testimony in reference to the con-
struction OF the proposed highway, and the
auanti..y; Of land which shall be required there
for; and irrespective Of any benefit which the
owner may derive from the proposed highway,
and with respect alone to the quantity and
value of the lands which may be required, and
to the special damage which the owner may
sustain by reason Of the construction of the
highway through his lands. they shall ascer-
tain the amount Of compensation which shall be
made to the owner thereof, and shall render
their verdict in writing for tho same.
= ~. That from the verdict 80 rendered it
shall be the right Of either party to appeal to
the first term Of the Circuit Court next ensu.
ing in the county, giving to the opposite
peal, with the grounds thereof; and upon the
Gearing OF such appeal, if the Court shall be
satisfied of the reasonable suf6ciency Of
tne grounds, an issue shall be ordered, in
IN which the appellant shall be the actor, and
the question of compensation shall be there
upon submitted to jury in open Court, whose
verdict shall bs final and eoncMsye, unless. OH
Trit u ~ ~ error new trial shall be ordered by
the Supreme Court. But in no case OF appeal
sbar, the proEie. Of the work Of construction
be STAYED: Provided, The person or corpora
ton requiring the right Of way shall deposit
with the Clerk Of the Court the amount OF the
verdict from which the eppsal is taken. -.
Y. That whenever any lands shall be required
for the location Of depots, stations, turnouts,
section houses, or other necessary uses OF q
HIGHWAY. and from want and agreement as TO
fhe value thereof, or from any other cause, the
same cannot bs purchased from the owner, the
same may be taken at an assessed valuation. TO
be made by Jury 10 like manner Us herelnbe-
fore. directed for ascsrtaning the compensa-
,tion for right of way.
vi. That where the owner, or any OF the
several owners Of the lands is Jense cooe'T, an
infant, or non compos n,ertts, the required no.
tices shall be served upon the trustee, guar
dian or committee Of such persons; aud il there
be no trustee, guardian or committee, the
Clerk of the Court OF Common Pleas shall have
power, and he is hereby authorized to appoint
rior such person guardian ad tNena, upon
whom the service shall be made, and who shall
FAINT, or person non conpoS Dae1ats. And II the
owner, or any Of the owners Of the'lands shall
reside beyond the State, or his or her place OF
residence be upkrown, it shall suffice II notice
OF ,hs application for jury, and of the time
and place at which they are summoned to at-
tend, be published by the Clerk OF the Court
for one month next preceding the day assign
ed, which publication shall be made in news
paper published in the county, or If there be
none there published, thenin some newspaper
of the State having general circulation in the
county.
VII. That upon payment Of the compensa-
ton thus ascertained by q jury, the right OF
way over said lands, or the use OF said lands
for the purposes for which the same were re-
quired, shall vest in the person OF corporation
who shall hold the charter of such highway, so
long as the same shall be used for such high
way, and no longer; but the fee in such lands
subject to such special cases shall remain in
the owner thereof, and nothing herein con-
tanned shall be construed to confer upon such
person or corporation any right in, or power
over, the lands so condemned, other than such
as may be within the particular purpose for
which such lands were condemned.
VIII. That no lands or right Of way which
have heretofore, or may hereafter be, procured
for the construction or use Of any highway,
shall be considered exempt from liability to
condemnation; but the right Of way over said
land and across or along spch right OF way may
be condemned for the construction OF any
other highway: Provided, That in the con-
struction Of such other highway there be no
20 40 11so and eDiOpnant NJ tI,a