Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1885-01-08
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CONCERNING LANDS FOR PUBLIC USE.

Tfa5kEI1AhEnM5 REAhlHy. .
CONDEMNING LANDS FOR PUBLIC USE.
AN ACT to provide mode of procedure by which
Lands may he taken by Cities and Towns for
Streets, Roads and Highways for public use.
SECTION l. That from and after the pas
sage of this Act, whenever the mayor and
aldermen of any city, or the intendant and
wardens of any town, in this State shall
think it eXpedient to widen, open, lay out,
extend or establish any street, alley, road,
court or lane, they shall have power to pur-
chase the lot, lots or parts of lots of land ne
cessary for such street, alley, lane, roads or
court, and the fee simple Qor the use of the
public) of said lot, lots or parts of lots of
land shall be vested in the said city or town
from the day of the deed of sale. Provided,
that in the incorporated towns petition,
signed by a majority of the owners of real
estate therein, shall first be submitted to
the intendant and wardens thereof, pray
ing them to widen, open, lay out, extend or
establish such street, alley, lane, road, or
court; but this proviso shall not apply to
Incorporated cities.
SEC. 2. That in case any owner or own
ers of said lots of lands as aforesaid shall re-
fuse to sell his, her or their lot, lots or parts
of lots, or shall demand what may be deem
ed an unreasonable price by the said authori-
nate and appoint six freeholders, resident
in said city or town, who shall meet an
equal number to be named and appointed
on the part of the owner or owners, to de-
termine and fix upon the true and real val
ue of such lot, lots or parts of lots, and any
damage to such lands by reason of the open
ing, widening or extension of such high
way, due regard being had in assessing
such damages, to any increased value OF
such lot. lots or parts OF lots by reason OF the
opening, widening or extension OF such
highways, with full power in the commits
sioners appointed as aforesaid, in case or
disagreement, to call in one other commits
sioner, and on the payment of the full value
of said lot or lots or parts of lots, and such
special damages aforesaid fixed and deter
mined on in the manner above designated,
the fee simple of the said lot, lots or parts OF
lots, shall be vested in such city or town for
the use of the public, and the said owner
shall execute his deed without warranty
therefor accordingly to said city or town {:
Provided, however, that in case any owner
shall he dissatisfied with the valuation OF
his lot or lots, such special damages afore.
said, or either of these items, it shall and
may be lawful for such owners to appeal
to the mayor and aldermen, or intendant
and wardens, of such city or town, (Within
ten days from the time of his receiving q
notification of such valuation and assess
ment of damages) to the Court of Com
mon RlSas for the county in which said
lands may be, at the next session there
after; and the said Court shall order new
valuation and assessment of damages, or
either, in such particular case to be made by
a jury, who shall be charged Herewith, in
the same or some subsequent term, and
their verdict shall be final and conclusive,
unless new trial be granted, and after final
Judgment in such case the fee simple of said
lot or lots or parts of lots Of land shall be
vested in such city or town upon the pay
ment or tender of payment of the amount
ofsuch valuation and damages, and the said
owner shall thereupOn execute his quit
claim deed, therefor, accordingly to said
city or town: Provided further, chat in all
cases when under the provisions of this
Act the owner is required to execute his or
her deed to said city or town, and shall fail
or neglect 50 to do, then the clerk Of the
Court of Common Pleas for the county in
which said city or town is situated, shall,
on behalf of said owner, execute deed
without warranty therefor to said city or
town, which said deed shall as effectually
bind said owners to his or her heirs and
assigns as though executed by said owner,
and said deed and all proceedings had in
such manner, except proceedings in Court
shall be recorded by the registrar of mesne
conveyance of said county in the books
wherein conveyances of real estate in said
county are required by law to be recorded.
SEC. 3. That the mayor or intendant of
such city or town shall call meeting of the
said owners at some proper time and place,
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now required by law to be served: and the
owners attending such meeting, or their
proxies, or majority of them, shall appoint
the commissioners in their behalf mention
ed in the second section; and in case the
owners at said meeting, or any adjournment
thereof, within ten days, shall neglect or
refuse to appoint commissioners, then the
commissioners appointed by said city or
town on their behalf, or majority of them,
shall be, and they are hereby, authorized to
proceed to the discharge of the duties here
in prescribed, and their judgment in the
matter shall be final and conclusive except
in the case of appeal as above prescribed.
SEC. 4. When the owner or any one Of
several owners of the lands is an infant, or
non con,pos naentis, the required notice shall
be served personally upon the trustee, guar
dian or committee of such persons, and per-
such trustee, guardian or committee, the
Clerk of the Court of Common Pleas shall
have power and is hereby authorized, to ap-
point for such person guardian adltem, up
on whom the service shall be made, and who
shall represent the interest of such person
non conDS n,eiatis. Said Clerk shall pursue
in all respects the mode now prescribed by
law for the appointment of guardians dd
Mena for infants and persons non compos
mentis. And if any owner of the lands shall
reside beyond the State, or his or her place
of residence be unknown, then service shall
be made upon the agent of such owner in
charge of said land, or if there be no such
agent, then such owner shall be served by
publication as in civil actions.
SEC. 5. That the aforesaid commissioners
before they proceed to act in the premises
shall severally make oath, before some per-
son authorized by law to administer Oaths,
that they will fairly, faithfully and impair
TALLY discharge the duties required of them
under this Act.
SEC. 6. That all Acts and parts of Acts
hereto repugnant be, and the same are here
by repealed.
THE STATE LUSATIC ASYLUM.
AN ACT to regulate the admission and discharge
of Patients in the State Lunatc Asylum.
SECTION |. That the physicians eXamin-
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