The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-03-31


and 1871.
AN ACT TO INCORPORATE THE CONTINENTAL,
TELEGRAPH COMPANY.
SECTION l. BE IL enucted by the Senate
and House of Representatives of the
State Of South Carolina, now met and
sitting in General Assembly, md by the
authority of the same, That Willium Nj.
Hall, Ethan A. Hall aud Charles Thur
man, and NIL those who shull become
stockholders in the company hereby in
corporated, shall be body polite and
corporate, by the name of the Cont
mental Telegraph Company, and by that
;;ame shnii huve perpetual succession.
and may have and use common seal.
and may sue or he sued, in any court Of
competent Jurisdiction.
SEC. z. Such corporation is authorized
to construct lines of telegraph along.
upon, across. over, under aud beside of
the Greenville and Columb bia Railroad.
and any Of the public roads and high
why's, and under and across any of the
waters within the limits of this State, or
so much or SO many of either of the
foregoing as may be deemed expedieut,
by establishing suitable Offices and the
erection OF the necs ssary cords or wires
and fixtures, including posts, piers or
wires of such lines: PrO1itled, The same
shall not be so constructed as to incom
mode the public use of said roads or
highways, or iDjnriously interrupt the
navigation of said waters; and also to
construct line or lines of telegraph,
and to establish Offices, and erect such
necessary cords or wires and fixtures, in
cnding the posts, piers or abutments, as
aud Tor the purposes aforesaid, and keep,
hold and mniutain the necessary offices
upon, through or over any other land,
subject to the right of the owner or
owners thereof to full compensation for
the same, TO be agreed upon by said
owner or owners and the said corpora
ton, or to be- fixed or determined es
hereinafter provided; and tho said cor
puyaton may, in like manner, aud with
like power. construct lines of telegraph
to such place or places without this
State as the Board of Directors NAV
elect.
Sec. 3. Such corporation shall have
full power to purchase, lease, receive,
hold and convey real estate, or any in
terest therein, and may, in addition
thereto. use such real estate, or any in
terest therein, as may be necessary for
the convenient transaction of the bust
ness, and for effectually carrying on the
operations of said corporation; and may
appoint such directors. officers and
agents, and make such prudential rules,
regulations aud bylaws as may be ne
cessary In the transaction of its business,
not inconsistent with the Constitution of
this State or of the Uuited States
SEC. 4. If any owner or owners of any
land taken or used, or likely to be taken
or used, by said corporation, shall con
slider himself aggrieved, or likely so to
be, or damaged thereby, or shall refuse
to accept the compensation offered by
euid corporation therefor, it shall be the
duty of the Circuit Court, to he held in
the County within which said lands are.
on the application of such owner or
owners. or of such corporation, y peti-
ton, stating the facts IN relation thereto,
and on such notice to the opposite party
as such court shall presci ibe, to appoint
three disinterested persons as commits
sioners, who shall severully take and
subscribe IN oath, before any person uu-
thOrized to administer onths, faithfully
and impartially to perform the duties re-
CURED of them by This Act; aud it shall
be the duty of said commissioners, or O
minority of them, to make Just anil
equitable assessment or appraisement of
Ill Tue loss or uumnBe sustained, or which
IL likely to be- sustained, by reason of
any land, or interest therein, taken or
used, or likely to be taken or used. for
said Offices, lines, posts, piers or nbut-
ments, ond the erection and operation of
said telegraph lines; and snch assess
meut or appraisal shall, in any proper
Case or cases, determine the annual rent
OF compensation to be paid by suid com
pnny for such use, or, in lieu thereof, a
sum iu gross as the compensation for
allowing the fixtures belonging to such
association permanently to continue, and
the Same to be repaired, improved aud
renewed or removed, from time to time,
ns such corporation shall require, dupli-
C ites OF which said assessment or up-
prulsement shall be reduced to writing
and signed by said commissioners, or a
minority OF them; one copy of which
shall he delivered to the party alleged to
be injured, or likely so to be, and the
other to the President of snid corpora
ton; on demand. in cnse any damage
shall be adjndged to the person alleged
to br injured or damaged, or likely SO to
be-, the corporation shall pay the amount
thereof, with costs of appraisal, which
said costs shall be liquiluted and uscer.
TUNED in SAID award; aud said commits
cis 81,