The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-18
[0FFICIALl
Acts Passed at the Late Session of
the Legislature.

!,. lOHFICIAL.1
Acts Passed at the Late Session of
the Legislature.
AN ACT TO DECLARE THE MANNER by
WHICH THE LANDS, OR THE RIGHT OF
WAY OVER THE LANDS, OF PERSONS
OR CORPORATIONS MAY BE TAKEN FOR
THE CONSTRUCTION AND USES OF
RAILWAYS AND OTHER WORKS OF IN
TERNAh IMPROVEMENT.
1. BE IL enacted by tie Senate and
House Of Representatives. Of the State
of South Carolina, no,o met and sitting
in General. assembly. and By The az
thority of the same. That whenever
any person or corporation shall be
authorized by charter to construct q
railway, canal, turnpike, or other
public highway i'll this State, such
person or corporation, before enter
ing upon any lands for the purpose
of construction, shall give to the
owner thereof, (if he be SUI juris,)
notice, in writing, that the right of
way over said lands is required for
such purpose, which notice shall be
given at least thirty days before en-
tering upon said lands; and if such
notice shall be given, and the owner
shall not, within the period of thirty
days after service of said notice, sig
nifty in writing his refusal or consent,
it shall be presumed that such con-
sent is given; and such person or
corporation may, thereupon, enter
upon said lands: Propided, ho,oeve1,
That the owner of said lands may be
entitled to more for an assessment of
compensation, in the manner herein
after directed.
II. That if the owner of the lands
shall signify his refusal of consent to
entry upon his lands without previous
compensation, the person or corpora
tion requiring such right of way shall
apply, by petition. to the Circuit
Judge of the County wherein such
e2ands are Situated for the empaneling
Fof q jury to ascertain the amount
which shall be paid as Just compen-
sation for the right Of way required,
in which petition shall be set forth
description of the lands, the names
of the owner or owners, the purposes
for which the lands are required, and
such other facts as may be deemed
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
empunnel jury of twelve to ascer-
tain the compensation for the use Of
lands required; and it shall be the
duty of the said Clerk. Immediately
on receiving such order, to give to
the owner of the lands notice thereof
in writing, and of the day which
shall be assigned for the drawing 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 dis
interested freeholders of the County,
and from that number shall draw the
names of twelve to act as jurors, and
shall cause those 80 drawn to be
forthwith summoned to meet at such
place and at such time as he NAV
assign, for the purpose of examining
the said lands and ascertainipg the
compensation to be made for the
right of way over the same; it shall
further be the duty of the said Clerk.
in person or by his deputy, to attend
at the same time and place for the
purpose of organizing the jury, aud
he shall have power to summon from
the vicinage other disinterested free
holders to act as jurors in the stead
of any of those first summoned who
shall fail to. attend, or who shall be
objected to by either party on the
ground of disqualification on account
of interest. N,
III. That the jury 30 empanneled,
after first being sworn faithfully and
mpartially to determine the question
Of compensation submitted to them,