Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1884-05-01
YORK COUNTY vs.. FEwELL.

Owing to the late reception by us OF the certl-
fled copy of the decision of the Supreme Court
in the above case-it not having been received
until after our pages were ready to 60 to press
last week-we were unable to render the decision
of the Court as clear to the general reader as
otherwise we should have done. The decision
turns upon the manner of assessing damages as
sustained by the defendant in the action, and
prescribes as the proper course to have been
pursued that provided by the General Statutes
Section 1850 and the Sections Immediately sue
ceeding. The following are the Sections referred
to in the decision:
Section 1850 Whenever any person or cOrpo-
ration shall be authorized by charter to construct
railway, canal, turnpike, or other public high
way, in this State, such person or corporation,
before entering upon any lands for the purpose
of construction, shall give the owner thereof (lf
he be SUI jais) notice, in writing that the right
of way over said lands is required for such pur-
pose, which notice shall be given at least thirty
days before entering upon said lands; ana such
notice shall be served upon such owner IN the
same manner as may be required by law for the
service of the summons in civil actions. If the
owner shall not, within the period OF thirty days
after service of said notice. signify, in writing,
his refusal or consent, it shall be presumed that
such consent is given; and such person or cor
poration may, thereupon enter upon said lands:
Prov,ded however, That the owner OF said lands
may be entitled to move for an assessment OF
compensation in the manner hereinafter directed.
Sec. 1851. If the owner of said lands shall sig
nifty his refusal of consent to entry upon his
lands, without previous compensation, the per-
son or corporation requiring such right OF way
shall apply, by petition, to the Judge of the
Circuit wherein such lands are situated for the
empanelling of jury to ascertain the amount
which shall be paid as just compensation for the
right of way required, in which petition shall
be set forth description of the lands, the names
of the owners, the purposes for which the lands
,,1x 0f1n f,nfp hn
deemed material. On the hearing of such petit
ton, 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 empanel
Jury of twelve to ascertain the compensation for
the use Of the lands required; and it shall be the
duty Of said Clerk, Immediately on receiving
such order, to give the owner Of the lands notice
thereof in writing, and OF the day which snail pc
assigned. On the day assigned. the said Clerk,
in the presence of the parties if they shall attend,
shall select the names oftwenty-four dlsinterest-
ed freeholders Of the County, and from that
number shall draw the names OF twelve to act as
Jurors, and shall cause those so drawn to be
forthwith summoned to meet at such place and
time as he may assign, for the purpose OF exam-
ing the said lands, and ascertaining the compen-
sation to be made for the right of way over the
same; it shall further be the duty OF the SAID
Clerk, in person by his deputy, to attend at
the same time and place for the purpose OF Or
ganizing jury and he shall have power 10
summon from the vicinage other disinterested
freeholders 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.
Sec. 1852 The Jury so empanelled, after be-
ing first sworn faithfully and impartially to
determine the question Of compensation submit
ted to them, shall proceed to inspect the premi-
ises, and to take testimony in reference to the
construction Of the proposed highway, and the
quantity of land which shall be required there
for and, irrespective of any benefit which the
owner may derive from the proposed highway,
and with respect alone to the quantity and value
of the land 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 ascertain the
amount of compensation which shall be made to
the owner thereof, and shall render their Ver-
dict in writing for the same.
Sec 1853. From the verdict so rendered 1t
shall be the right of either party to appeal. to
in the county giving to the opposite party tif-
teen days notice of such intended appeal, with
the grounds thereof; and, upon hearing OF such
appeal if the Court shall be satisfied OF the rea-
sonable sufficiency of the grounds, an issue
shall be ordered, in which the appellant shall
be the actor, and the question of compensation
shall thereupon be submitted to jury in open
Court whose verdict shall be final and conclusive,
unless new trial shall be ordered by the Su-
preme Court. But in no case Of appeal shall the
progress of the work of construction be stayed:
Provided, 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.