The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-02-17

bonds and stocks Issued, Is IN exact accOr-
dance with that registration.
This resolution was adopted, and the treas
urer, with commendable promptness, immedi-
| ately returned the following reply, which was
received as information:
EXECUTIVE DEPARTMENT,
STATE TREASURY OFFICE,
COLUMBIA. s. G, February, Is, 1872.
| To the Honorable Senate Of South Carolina:
GENTLEMEN-Ia am In receipt of communl-
cation of ]. Woodruff, ESD, Clerk Of the Sen,
ate, TO transmit resolution OF inquiry, passed
by the Senate, relative to the registration OF
the State debt.
have the honor to report; that I. have q
correct registry Of the entire bonded and stock
debt of the State numerically. The statement
submitted TO the General Assembly of the In
debtedness Of the State is correct IN every
particular.
Very respectfully, your obedient servant.
NILES G. PARKER, State Treasurer.
The rest OF the business In the Senate was
unimportant, with the exception OF the pass
ing to its third reading of bill which ambi-
.tiously proposes to furnish the City OF Charles
ton with city water, and Is as follows:
A BILL TO INCORPORATE THE CHARLESTON
WATER COMPANY, IN THE CITY AND COUNTY
OF CHARLESTON, SOUTH CAROLINA.
Be 1t enacted, &c.
SECTION l. That Daniel Tyler, Daniel NJ.
Porter. James q. Taylor, Charles d. Simon
ton, Edwin Parson, Anson w. Thayer, John
Bates, q. q. Montgomery, Alva Gage, William
T. Pierce, and their associates and successors,
shall be, and they are hereby incorporated
and declared body polite and corporate;
shall have power to make, use, have and keep
common seal, and the same 10 after az wiz;
to make all necessary bylaws, not repugnant
to The laws of the land, and 10 have succession
of officers and members, contormaoly TO such
bylaws, and to sue and be sued, plead and pc
implicated, in any court OF law or equity IN
this State, and to have, use and enjoy all o!ner
rights, and be subject to all other liaollltles
which are incident to other bodies corporate.
SEC. Q. The said company shall have full
power and authority to take, hold and convey
water from any point, from any river, creek,
springs OF other sources within slxty-hVe
miles of the City of Charleston, into and
through the said city, with the consent OF the
CITY Council of Charleston first had aad OBJ
taIned, and shall have full power and authors.
ty to make canals, build dams, erect docks,
Law conduits or tunnels, for the conveyance OF
said water through, under, or along any nigh
way in the country adjacent, or any street or
streets, lane or lanes, alley or alleys ID the
City of Charleston, for the purpose OF convey
ing and distributing said water. and the
canals, docks, dams, conduits or tunnels from
time to time 10 renew or repair, and, for such
purposes to dig, breakup and open, at their
own expense, all and any part of the highways,
streets, lanes and alleys, and Of the middle or
side pavement thereof, leaving at all times
sufficient passage for carriages, horses and
foot passengers, and restoring f0rtnWltn, 10
their former condition, all such highways,
streets, lanes and alleye, and the payements
thereof, as may at any time be taken up,
opened or dug; and the said company shall
have full power and authority to erect build
ings, and to hold such real and personal estate
as may be requisite and proper 10 carry on
-. onl no
ton shall have full power to raise, by subscrlp.
lion, in shares of twenty-five dollars each, q
capital OF five hundred thousand dollars, with
the privilege of increasing the same 10 five
million dollars, If 30 much be deemed proper;
and the said corporation may, by purchase or
otherwise, take and hold any land necessary
for the establishment OF their works, and also
all private rights of way, water-courses, or
other easement which may be on or along the
route through which such canals, docks, dams,
copduits or tunnels over or through any puo-
lie road, river, creek, water-course or waters,
that may be on the route, but in such manner
as shall not obstruct the passage OF the pubic
| read or navigation Of the stream, lands or
private rights of way for canals, locks, dams
Conducts or tunnels, which cannot be
purchased from the owner, for want OF
agreement, or from any other cause. may be
taken by the company, at valuation 10 be
made by commissioners appointed by the
GOuTC OI COmuROu fletS VI tue CouuIy IL "hiSh
any part of the land or right OF way hay be
situated. The commissioners, before acting,
shall be sworn before some magistrate, faith
fully and impartially 10 discharge the duties
assigned them {; their proceedings, accom-.
panied by full plat and description OF the
land. shall be returned, under their hands and
seals, 10 the court from which the commls-
sions issued, there to remain of record.
Either party may appeal for this valuation al
the next session Of the court granting the
commission, giving fifteen days notice 10 the
opposite party of such appeal: and the court
shall order new valuation TO be made by
Jury, who shall be charged Herewith In
the same terms, and the verdict shall be hnal
and conclusive, unless new trial be granted:
and the land, or right of land, 80 valued by
the commissioners or jury shall vest IN the
company, In simple fee, so soon as the Valua-
ton be paid or rendered and refused. The
pendency of an appeal by either party from
the valuation of the commissioners shall not
prevent the company from proceeding In the
construction Of their work in or upon The
land or right of way; but II the appeal be
made by the. company. 1t can proceed only
upon giving the opposite party bond, with
good security. to be approved by the clerk of
the court where the valuation Is returned, IN
penalty of double the valuation, conditioned
on payment of the valuation and interest, In
case the valuation be sustained, and for pay
ment of the valuation made by the jury and
sustained by the court, in case 1t be reversed.
In all such assessments made by the commits
sioners or jury. after the CT '-uclion of the
works OF appurtenances upon the land,
reference shall BIZ had to the true
value of the land at the time the
construction was begun. The land cov-
cred by said works. and the space OF
twenty y-ave feet on each side, snail De deemed
in actual possession of the company. A ma
iority of the commissioners shall be compe-
tent to perform the duties required OF them In
this seclion. Nothing In this act contained
shall authorize the company to take, or To-
wade, without the consent of the owner, any
monumental trees. In the absence of any
| written contract, between the company and