The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, 1903-07-08

rod. The County Board of Commis
sioners requiring such right of way
shall give ten days notice, in writing,
to the over of the land over which
such right of way is required, Of
their intention to condemn and es-
tablish such right of way, and of the
time and place when and where the
compensation and damages therefor
will be assessed. II the owner of
such land be non resident of the
County, the notice may be served
upon his agent or tenant, or any
other person in possession thereof;
but in such case at least fifteen days
notice must be given. II there be
no agent, tenant or other person in
possession, the notice may be served
by depositipg it in the post Office,
postage prepaid, directed to the own
er at his last known place of resi-
dence; and by publishing such notice
for at leastitwo weeks in one of the
newspapers published in the county
wherein the land is situated. For
the purpose of this section the guar
dians of infants, the committees of
idiots or other persons non compos
mentis, and trustees, shall be
deemed to be owners of the lands
of their wards and cestuis que trust
ent. In case an infant owner has no
guardian, or an idiot or other person
non compos mentis has no committee,
service may be made upon the person
son whom they severely reside, and
upon the Probate udge of the coun-
ty, who shall appoint guardians ad
Item to appear and represent them
In case the interests of any guardian
or committee shall be opposed to
those of his ward, a guardian
ad litem shall be appointed by
the Probate Judge, who shall
have authority to appear and rep
resent such ward. No member of
the Board who is personally in
terested or who is related by blood
or marriage within the sixth degree
to any person claiming Compensation
and damages, shall serve while the
case of such person is under consid-
GRAFTON. The places of disqualified
members of the Board shall be filed
pro tempore by appointment to be
made by the Clerk of the Court. All
persons interested shall have the
right to introduce testimony and to be
heard in argument upon the matter Of
compensation in damages. After
hearing the evidence and arguments,
the Board shall render it's decision by
resolution, which shall be recorded in
its minutes. Upon the resolution of
the Board fixing the amount of the
compensation and the damages in any
case, warrant may be drawn on the
County Treasurer for the amount so
fixed, and the Treasurer shall pay
the same out of any funds in his
hands applicable to such perposes.
Any person interested may appeal
to the Court of Common Pleas
from the decision of the Board:
Provided, The notice and grounds of
appeal be served upon the Supervi-
sorof the county and filed with the
Clerk of said Court within ten days
after the decision of the Board. The
Clerk shall docket such appeal on
Calandar No. 1, and they shall be
heard in said court de nevo before q
jury, unless the right to jury trial be
waived, as in other cases provided by
law. Such appeals may be called up
for trial out of their order by either
party. The verdict of the jury in
such cases shall be final, unless set
aside for the reasons for which verdicts
may be set aside in other cases, or
unless the Judgment of the court
thereupon be reversed for error Of
law, on appeal to the Supreme Court.
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