The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-02-20

to the conditions and limitations here.
in described on the part of the said
board of trustees and their assigns,
one of which conditions and limita
tions was, as stated in said act, and
shall, as soon as practicable. COM
plete the canal down to the Congaree
river, few yards above the mouth Of
Rocky branch; and,
Whereas, The said board Of trus-
tees conveyed said property to the Co.
lumbia Waterpower company by deed
appearing of record which deed re-
quires of said company the perform
ance of said obligation; and,
Whereas, By consequent convey
ance the said canal and its franchises
| have row become the property Of the
| Columbia Railway, Gas & Electric
company; and,
Whereas, Although more than 81
years have elapsed since the said e1t
actment and said sale, yet the said
canal has never been completed, as
clearly was intended and contempla,-
j ed; and,
Whereas, The completion of the
same was material consideration
moving the State in selling and con-
| veying the said canal and its fran
: chises; and,
"Whereas, 5mple time has elapsed
within which to complete the same,
and which it was practicable to DO,
and it has not been done; and,
/ "Whereas, 1t is for the benefit ot
the people of Columbia, as well as
/ the State at large that said canal be
completed speedily and navigation be
! opened UP; and,
whereas, BY such failure on the
part Of the owners of said canal 10
perform said condition and live up to
their obligations, they have forfeited
their rights in all property; therefore.
"Be it enacted by the general as
sembly of the State of South Caro-
lima:
Section l. That all the right, title
and interest of the owners of the Co
lumbia canal and its property and
franchises be, and the same is here
by, declared forfeited, and that the
same revert to the State of South
! Carolin: Provided, That said for
feiture be, and is hereby, held in abep
ance, however, if said owners shall
complete the same as hereinafter pro-
vided
Sec. 2. That within 90 days after
the approval of this act the owners Of
said canal shall actually begin, in
good faith, the construction and COM
pletion of that portion of the canal
not heretofore completed, in accord
ance with the specifications set forth
! in previous enactments, and within 1S
months from the approval of this act
they shall complete the same to its
terminus, a few yards above the
mouth of Rocky branch. on Congaree
river, same to be constructed With
suitable and appropriate locks at the
, lower end thereof.
Sec 3. That upon the failure of said
owners of said canal, or their assigns
to comply with the preceding section
as to beginning said construction
either or both or with the terms of
/ the act. it shall be the duty of the
, attorney general to bring snch action
or actions as he may be advised in
, the name of this State, in any court
of this State having jurisdiction, for
the purpose of compelling the com
pletion of. said canal in accordance
with the terms of acts and contracts
-; heretofore passed and entered into
and as required herein, or for the pur-
! pose OF declaring and adjudging a
forfeiture of rights therein and caus-
ing a reversion of same to this State,
or as the court may determine, and
he is empowered to bring either or
both such actions or proceedings or
any other proceeding which he may
deem for the best interest of the State
to carry out the purpose of this act
Sec. 4. The attorney general is au-
thorized to employ competent counse
! to assist him in all proceedings.
! Sec. 5. That committee consisting
| of the chairmen of the judiciary COM
mittees of the senate and house of rep
resentatives and the chairman of the
| finance committee of the senate and
the chairman of ways and means COM
mittee of the house be appointed to
assist and advise with the attorney
general in carrying out the provisions
in this act, and such committee shall
have full power to act for and in be-
half of the State, the members OF
which shall receive a compensation,
! the usual per diem and mileage al
| lowed to members of the general as
sembly
The said committee is hereby en-
powered and authorized, within the 80
dove oro,;5od ~, ooofio,, 1,oroof For