A. D. 1912. cond day after the election. No merely technical es in any of the details hereinabove prescribed ld to vitiate an election, provided that it appear ll of the registered electors was ascertained. The of Commissioners of Elections shall also have the registration of the electors of said city, and Registration registration for four days consecutively up to preceding the first primary election, and shall prerequisite to registration proof of payment of as other taxes, if past due. of electors. to be liber strued. con The usual rule of law as to the interpretation This Article y provisions and the construction of statutory ally 11 be reversed in respect to this Article, which strued liberally, the spirit always controlling the any technical deficiencies being supplied by the intendment of the Article as a whole in the light al needs. How form of govern Any city after operating for six years under ons of this Article may abandon the form of ment may be gov- abandoned. erein provided and accept the provisions of the of the State applicable to it before the adoption m of government, by procedure of petition and the question of abandonment in the manner pronabove for adopting this form of government. ARTICLE IX. CITIES OF FIFTY THOUSAND INHABITANTS TO CON- of 50,000 inhabitants condemn land for waront. may fill up certain low at expense of owner. Cities of 50, lands on wa Whenever any city of this State, having a 000 or more of fifty thousand inhabitants or more, and may condemn n a navigable stream, whether tidal or non-tidal, ter front. to extend, improve or protect its water front for poses, it shall have the right to acquire all private eeded for such extension, improvement or pro A. D. 1912. Cities may fill up cer at expense of owner. tection, upon the same terms and conditions and in the same manner as now provided by law for the condemnation of rights of way by railroad companies: Provided, That lands so condemned shall be resold to private owners by said city. Sec. 2775. Whenever such extension, improvement tain low lands protection shall make necessary the filling up of low lan owned by private parties, to a level established by t said city, and such filling up is proposed to be accomplished by excavation from the bed of a stream bordering the wate front so to be extended, improved or protected, under general plan established by said city, said low lands may i filled up by the said city at the expense of the said privat owners, and the cost thereof shall be a lien upon the landso filled up; the said cost to each private owner shall be determined by the proportion which the cubic contents of the filling in each lot or parcel of land, separately owned shall bear to the cubic contents of the whole area filled: Provided, however, That if the municipality and the owner cannot agree as to the cost of the filling aforesaid to be bore by such private owner, then the same shall be determined by a proceeding in the nature of an action against such party, to be instituted by the municipality, in the Court of Common Pleas for the County in which such municipality is situated, to recover the amount claimed to be due, and the reasonable cost to be paid by such lot owner shall be deter mined by the jury as in the cost of similar actions. How such lands shall be filled. Sec. 2776. The municipality shall first notify each pri vate owner interested of the plan proposed and of the leve! up to which said lots are to be filled and of the general plan proposed, and such private owners may, if they see fit. arrange to fill up their lands at their own expense, such filling up to be done either prior to or contemporaneously with the filling done by the city, such filling to be in accord with the general plan adopted; and the owner or owners of ary of said lands shall be entitled to use the mud or soil in the bed of the river in front of such land for the purpose filling up their lands, in preference to any other, to the extent necessary to fill such lands. of Sec. 2777. In the event that any lot owner objects to the cost of filling of his lot or lots, then, and in that event, such A. D. 1912. In case of disagreement the city may y require the municipality to purchase said lot at d upon paying to the owner or owners the price be fixed therefor, as hereinafter provided, the title all vest in said municipality, who shall proceed to ot or lots, and may sell the same to reimburse ll expenses and charges. That for the purpose of emnation the said municipality shall file, in the Common Pleas for the County in which said munilocated, a petition setting forth the necessity of such lots, and that the owner or owners have failed to fill the same, upon being notified, and owner objects to the estimated cost of said filling, which petition shall be served upon the owner or said lots as summons are now served in cases of t the Judge of said Court of Common Pleas shall cause a jury to proceed to fix the value to the said to be paid by the said municipality. A. D. 1912. CHAPTER L. Railroads General Law. ARTICLE 1. General Provisions. ARTICLE 2. Formation of Corporations by Purchasers. visions. ARTICLE 4. The Railroad Commissioners. ARTICLE 5. Provisions as to Discrimination and Unreason able Charges. ARTICLE 6. Regulations as to Running Trains on Sunday, and Carriage of Animals. ARTICLE 7. Regulations for the Prevention of Accidents. and Concerning the Responsibility Therefor ARTICLE 8. Regulations for the Accommodation, Convenience and Protection of Passengers, and in Respect to Merchandise. ARTICLE 9. Railroad Crossings; Cattle Guards. ARTICLE 10. Right of Way. ARTICLE 11. Certain Offenses; Fines, Penalties, and For A. D. 1912. 1 schedule and report e filed by railroad comin office of Railroad missioners. SEC. 2794. May extend lines and way. 2795. Liable for damages by ob- terms; to ble. Civ. '02, $ 2778. In the construction of this Chapter except Definition of h meaning would be repugnant to the context or whom applicao the manifest intention of the Legislature, the ilroads and railways" shall be construed to include 2024. ds and railways operated by steam, except marine doing business as common carriers in this State, er operated by the corporations owning them or by orations or otherwise; "railroad" shall be construed railroad or railway operated by steam power. "railroad corporation" or "railroad company" in the law of this State shall be deemed and taken all corporations, companies or individuals now operating, or which may hereafter own or operate ad, in whole or in part in this State, and the prothis law shall apply to all persons, firms and comd to all associations as common carriers upon any es of railroads in this State (street railways and mpanies excepted), the same as to railroad corporeinafter mentioned. Liability of operating other corpora 9. When a railroad laid out and constructed by ration is lawfully maintained and operated by corporation rporation, the latter shall be subject to the duties, road of anrestrictions and other provisions, as they are set tion; trushis Chapter, respecting or arising from the main-ceivers, liabilnd operation of such railroad in the same manner- Civ. '02, § ad been laid out and constructed by said latter 2025. When a railroad is lawfully maintained and by trustees or receivers, they shall in like manner to the duties, liabilities, restrictions and other respecting or arising from the maintenance and of such railroad which are attached in this Chapcorporation for whose stockholders or creditors, they are trustees or receivers. is liable for damages arising from the acts of its lessee in the the road.-National Bank v. Atlanta & C. A. Ry. Co., 25 S. C., ht v. C., C. & A. Ry. Co., 41 S. C., 415; 19 S. E., 915; Hart v. tees and re ities of. |