existing laws, shall be construed as a continuation of such laws, and not as new enactments, and references in laws not repealed to provisions of laws incorporated into this Act and repealed Provisions of shall be construed as applying to the same provisions so incor- strned. porated. Act-how con G. S. 1549. (A. A. Feb., 1882.) This Act shall take effect Take effect. on the first day of February, in the year one thousand eight hundred and eighty-two. ADDENDA. [SECTIONS OF ACTS REPEALED.] GENERAL STATUTES. Act of Assembly, December, J Sec. 32, known as Section 1882...... Act of Assembly, December, 1883...... Act of Assembly, December, 1888.... 1444, General Statutes. Sections 6, 7, 8, 9, 10, of an Act entitled "An Act to Act to provide a General Sections 2 and 3 of an Act AN ACT TO PROHIBIT THE OBSTRUCTION OF NAVIGATION BY Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: SECTION 1. That no person or persons, or corporations, in this State shall keep or cause to be kept, put or cause to be placed, any bridge over and across any of the navigable rivers within this State so as thereby to injure or obstruct the free navigation of said rivers, and every such person or persons, or corporation, so offending shall forfeit for each and every such offence the sum of two hundred dollars for each day that such bridge may be so kept or remain as an obstruction to said free navigation, for the use of the State. SEC. 2. That any railroad company or other corporation in this State which may now have any bridge over and across any navigable river in this State too low for the purposes of free and unobstructed navigation be, and they are hereby, required to remove the same, or to so construct and manage draw spans in said bridges as will secure safe and unobstructed navigation of said stream; which said span shall be not less than sixty (60) feet in width in the clear, and shall be properly located with reference to the deep water, and the convenience of navigation, and shall be provided, on both sides of the span, with strong and suitable fenders extending to not less than one hundred and fifty (150) feet above, and not less than eighty (80) feet below the bridge, and rising above ordinary high water mark to within. not less than one foot of the lower chords of said span; and upon failure to do so, said railroad company or other corporation shall forfeit for each and every day that said bridges may remain too low for free and unobstructed navigation the sum of • two hundred dollars for the use of the State: Provided, That - this Act shall apply only to such streams as are now navigable by steamboats, or may hereafter be made so. SEC. 3. That this Act shall go into effect and become a law within six months after the approval of the same. SEC. 4. All Acts and parts of Acts inconsistent herewith are hereby repealed. Approved December 19, 1887. AN ACT TO AMEND SECTION 155 OF THE CODE OF PROCEDURE, RELATING TO THE SERVICE OF SUMMONS. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: SECTION 1. That subdivision 1 of Section 155 of the Code of Civil Procedure be, and the same is hereby, amended so that said subdivision as amended shall read as follows: "1. If the suit be against a corporation created under the laws of this State, to the President or other head of the corporation, Secretary, Cashier, Treasurer, a Director or other agent thereof; but such service can be made in respect to a foreign corporation only when it has property within this State, or the cause of action arose therein, or when such service shall be made in this State personally upon the President, Cashier, Treasurer, Attorney, or Secretary or any resident agent thereof." Approved December 24, 1887. AN ACT TO AMEND SECTION 1663 OF THE General Statutes, RELATING TO UNCLAIMED PERSONAL PROPERTY IN POSSESSION OF COMMON CARRIERS. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: SECTION 1. That Section 1663 of the General Statutes, relating to unclaimed personal property in possession of common carriers, be, and the same is hereby, amended so that said Section, as amended, shall read as follows: "SEC. 1663. Every railroad corporation, express company, and the proprietors of every steamboat engaged in the transportation of passengers and freight, or either, which shall have had unclaimed freight or baggage, not perishable, in its possession for the period of six months, may proceed and sell the same at public auction, after giving notice to that effect in one or more newspapers published in the State or at the place where such goods are to be sold, once a week for not less than four weeks, and shall also keep a notice of such sale posted for the same time in a conspicuous place in the principal office of said company." Approved December 24, 1887. AN ACT TO PREVENT MONOPOLIES IN THE TRANSPORTATION OF FREIGHTS, AND TO SECURE FREE COMPETITION IN THE SAME, AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same: SECTION 1. That from and after the first day of April next, all railroad companies in this State shall, at the terminus, or any intermediate station, be required to switch off, and deliver to the connecting road having the same gauge, tin the yard of the latter, all cars passing over their lines, or any portion of the same, containing goods or freights consigned, without rebate, or deception, by any route, at the option of the shipper, according to customary or published rates, to any point over and beyond such connecting road, and any failure to do so, with reasonable diligence, shall render the railroad company so failing liable to the owner or consignee for all damages that may result therefrom, with interest and all costs and disbursements: Provided, That should the defendant, in any suit brought under this Act, set up as a defence that the plaintiff has accepted a rebate, or practised fraud or deception touching the rate, it shall be a complete reply to such defence if the plaintiff can prove that defendant, or its agents, have allowed a rebate, or rebates, or practised like fraud or deception from the same competing points against the rival line. SEC. 2. Be it further enacted, That when any railroad company owning, leasing, or operating a railroad in or through any part of this State shall have its terminus or any part of its track at or near the terminus of any other railroads in this State having the same gauge, or shall cross the same, said railroad company shall have the right, and is hereby authorized, to join its track by safe and proper switches with said other railroads, and for this purpose shall have the right to enter upon the right of way of said other railroad: Provided, That if the railroad with which such connection is proposed shall refuse to join in expenses for the same, the railroad proposing the connection shall pay them. SEC. 3. Be it further enacted, That should any railroad company refuse to allow the connecting switches put in its line, when requested under Section 2 of this Act, it shall and may be lawful for the other road seeking such connection to proceed to procure the right to use so much of the franchise of the former as may be necessary for such purpose, in the manner now provided by law for private property taken for use of any railroad. Approved December 24, 1887. INDEX TO RAILROAD LAW. A. Act, extent and purview of.................. how cited.......... to be deemed an amendment of charters granted since De- ........ limitation upon power of railroad companies to bar pro- G. S. 1413 1413 1416 1445 1474 visions of................ Accidents, regulations for preventing..... and responsibility therefor.... Commissioners to investigate. trains delayed by, may run on Sunday.... notice of, to be given to physician and Railroad Com- 1528 1539 1516 Action for injury to person or property to be brought within Agreements and contracts to be furnished Commissioners....... 1464 Animals, cars loaded with, may be unloaded on Sunday Articles, restriction of provisions of Act in favor of certain...... 1541 hours of time of departure..... 1524 |