The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-18


and to take testimony in reference to
the construction of tho proposed
highway, and the quantity of land
which shall be required therefor;
and irrespective Of any benefit which
the owner may derive from the pro-
posed 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 the same.
~. That from the verdict so rem
dered it shall be the right of either
party to appeal 10 the first term of
the Circuit Court next ensuing in
the County, giving to tho opposite
party fifteen days notice of such
intended appeal, with the grounds
thereof; and upon the hearing of
snch appeal, if the Court shall be
satisfied of the reasonable sufficiency
of the grounds, an issue shall be
ordered, in which the appellant shall
be the actor, and the question of
compensation shall be thereupon sub
mitted to jury in open Court, whose
verdict shall be final and conclusive.
unless, on writ of error, n new trial
shall be ordered by tho Supreme
Court. But in no case of appeal
shall the progress of the work of
construction be stayed: P,'opided,
The person or corporation requiring
the right of way shall deposit with
the Clerk of the Court the amount of
the verdict from which the appeal is
| taken.
V. 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 of agreement as to the
value thereof, or from any other
cause, the same cannot be purchased
from the owner. the same may be
taken at an assessed valuation, to be
made by jury in like manner as
hereinbefore directed for ascertaining
the compensation for right of way.
vi. That where the owner, or any
one of the several owners, of the
lands is q .fenae corert, an infant, or
non compoS mentis, the required notices
shall be served upon the trustee,
guardian or committee of such per-
sons; and if there be no trustee,
guardian or committee, the Clerk of
the Court of Common Pleas shall
have power, and he is hereby author
lied, to appoint for such person q
guardian nd Item, upon whom the
service shall be made. and who shall
represent the interest of such feme
corerf, infant, or person non compoS
nentiS. And if the owner, or any of
the owners of the lands, shall reside
beyond the State, or his or her place
of residence be unknown, it shall
suffice If notice of the application for
jury, and of the time and place at
which they are summoned to attend,
be published by the Clerk of the
Court for one month next preceding
the day assigned, which publication
shall be made in n newspaper pub
lished in the County, or if there be
none there published, then in some
newspaper of the State having gene
raj circulation in the County.
VII. That upon payment OF the
compensation thus ascertained by a
jury, the right of way over said lands,
or the use Of said lands for the pur-
poses for which the same were re-
quired, shall vest in the person OF
corporation who shall hold the char
ter of such highway, SO long as the
same shall be used for such highway,
and no longer; but the fee in such
lands subject to such special uses
shall remain in the owner thereof,
and nothing herein contained shall
be construed to confer upon such
person or corporation any right in, OF
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 con.
struction or use of any highway shall
be considered exempt from liability
to condemnation; but the right ol
way over said land and across OF
along such right of way may be con.
demned for the construction of any
other highway: Provided, That in
the construction of such other high.
way there be no hindrance to the nae