The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-02-21
Approved February Is, 1872,

/
AN ACT to provide the manner for oolalnlne
the right of way where lands are surround
ed by other lands,
sEcr1oNl. Be it enacted by the Senate and
House of Representatives of the State o.
South Carolina, now met and sitttug In Gene
raj Assembly, and by the authority of the
same:
That where any person or persons owning
lands surrounded by lands Of other person OF
persons, through which there is no right Of
way, or highway, are authorized, as hereln'
after provided, to construct highway OF
road through such lands to the nearest high
way then existing.
SEC. 2. If the owner or owners of such eur
rounding lands shall sigHify his or their re-
fusal to the opening of highway through
such lands without previous compensation,
the person or persons requiring such right
of way shall give ten days notice In writing
to the person or persons through whose lands
such right of way is required, of his intention
to establish such right of way, naming In such
notice a person who will act as referee tor
him In the location thereof, and said owner
or owners shall, within ten days thereafter,
appoint referee for the same purpose.
SEC. 8. That the referees SO appointed shall,
within ten DAYS thereafter, meet at some con-
venient place and appoint third referee, and
the three referees so appointed shall consti.
tute a board of referees for the location OF
such highway, and to determine the compen-
sation and damages for the same, from whose
decision, In no case, shall there be an appeal.
SEC. 4. That within ten days after the ap.
poiutment of third referee, In compliance
with Ahe third section of this act, the said
referees shall meet and proceed faithfully
and impartlally to determine the question OF
location, compensation and damages sub
nltted to them, for which purpose they shall
inspect the premises, in reference to the con-
structlon of The proposed highway, and the
quantity of land which shall be required there
for, with respect alone to the quality and
value, and location of the land which may be
required, and to the special damage the
owner may sustain, by reason of the construc.
ton of the highway through bis lands, and the
amount of compensation which shall be made
tosthe owner thereof, and shall render their
verdict in writing for the same.
Sec. S. That upon the payment OF the COM
pensatfon thus ascertaIned, the right Of way
over said lands shall be established, and shall
be opened and forever remain public high
way.
Sec 6. That If the owner or owners Of such
lands over which such right Of way is required,
shall not, In compliance with the second sec
ton of this act, appoint referee within the
time required, the referee appointed by the
person requiring such right Of way shall pro-
ceed the same as If all three referees had been
appointed, and his action therein, In compli-
ance with section four Of this act, shall have
the same force and effect as If the full board of
referees had acted.
SEC. Z. All acts, or parts vi acts, inconsistent
with this act, are hereby repealed.
Approved February l6, A. D. 1872.
AN ACT to repeal an act entitled an act to
provide for the appointment of Land Com
missioner, and to define his powers and
duties.
SECTION l. Be it enacted by the Senate and
House of Representatives of the State Of South
Carolina, now met and sitting in General AS
sembly, and by the authority of the same:
That an act entitled an act to provide for the
appointment of alaud commissioner, approved
March ~, 1869, be, and the same is hereby,
repealed.
SEC. 2. That all books and papers pertaining
to the Office Of the land commissioner be
turned over to the secretary Of State on and
after the passage of this act, and the secretary
of State shall execute the duties heretofore
deyolvlng upon the land commissioner.
Approved the 18th day of February, A. D.,
As72.>
B. Z. SCOTT, Governor.
COMMERCI4dL NEWS.