A. D. 1912.

Telegraph and telephone

powers of

2211.

A telephone company may be required by mandamus to afford e facilities to persons desiring to use same.-State ex rel. Gwynn v. Citizens Tel. Co., 61 S. C., 83; 39 S. E., 262.

Section 2993. Any telegraph or telephone company incorcompanies; porated under the laws of this or any other State, upon co regulated. plying with the laws of this State regulating foreign Civ. '02,porations, and by becoming a domestic corporation, may construct, maintain and operate its line through, upon. over and under any of the public lands of this State, under, over. along and upon any of the highways or public roads of the State; over, through or under any of the waters of this State; on, over and under the lands of any person, compar! or corporation in this State; and along, upon right of way of any railroad or railway company i State: Provided, The same are constructed

490.

and over

the

in this

so as not to

endanger the safety of persons or to interfere with the use of such highways or public roads, the navigation of such waters, or the operation and running of the engines and cars of such railroads or railways, and just compensation is first paid such land owners and railroad or railway compan for such right and privilege, to be ascertained in the manter

1904, XXIV. hereinafter provided for: Provided, further, That no tel graph, telephone, electric light or power wire, shall be erected or maintained within fifty yards of any public road or high

constructed. way in this State, unless the same shall be so

A. D. 1912,

recovered.

ected and maintained and provided with sufficient lightng guards or arresters (and in case of electric light or wer wires, with such automatic cut offs and other devices), may be necessary for the protection of persons and propty. Any person, firm or corporation erecting or maintaing any such wire or wires in violation of the provisions Penalty; how reof, shall forfeit and pay as a penalty therefor five dolrs a day for each day in default, after the expiration of irty days' written notice, specifying the fault or defect in e manner of erection, construction or maintenance thereof, be recovered at the suit of any citizen in any County in ich such violation shall occur, and the sum so recovered, ter paying therefrom all the expenses incurred in the osecution of such suit, shall be paid into the County easury of such County for ordinary County purposes. foreign corporation cannot exercise the right of eminent domain, unless esticated. Baldwin v. Telegraph Co., 78 S. C., 422; 59 S. E., 67; Duke Postal Tel. Co., 71 S. C., 99; 50 S. E., 675. Damages. Phillips v. erican Tel. and Tel. Co., 71 S. C., 571; 51 S. E., 247.

tained.

Sec. 2994. Whenever any telegraph or telephone com- Rights of hy desires to construct its lines on, over or under the lands way: how obany person, company or corporation other than railroad civ. '02, § railways, and fails to agree with the owners of such 2212. ds upon the compensation to be paid as damages for such ht and use, such company may secure such right and vilege by the institution and prosecution of condemnaproceedings against such land owners, as provided for 1 authorized in Article X of Chapter L of this Code, viding for securing to railroads a right of way in this

te.

How rights of way may

from railroad

Civ. '02. §

2213.

ec. 2995. Any telegraph or telephone company author1 to construct its lines upon the right of way of the rail- be obtained d or railway companies in this State, are hereby author- companies. to contract with such companies for such right and vilege; but failing to make such contract, may file its ition in the office of the Clerk of the Court of Common as of any County into or through which said railroad ailway runs, or is constructed, at any time not less than ty days before a term of said Court, setting out therein ere it is incorporated, and that it made an effort to agree h the defendant railroad or railway company for the

A. D. 1912.

Duties of Clerks of

mon railroad

when petition

damages are

right to construct, maintain and operate its lines upon the right of way of such railroad or railway company in the State of South Carolina, and failed; and that it has given bond for costs in the sum of two hundred dollars, approved by the Clerk of said Court, and how and in what manner it proposes to construct its lines upon such right of way: and offering in said petition to remove, at its own expense. any of its poles, wires, structures or appurtenances, if at any time their construction interferes with the right of defendant railroad or railway company, to construct additional tracks, switches, crossings, warehouses, depots, turntables, water tanks or any other structures for the use of said railroad or railway company, upon reasonable notice given it, at its expense, to such other points or places upon said right of way as may be agreed by said companies; also, not to interfere or come in contact with any other telegraph or telephone lines already constructed on said right of way; and there shall be but one such proceeding by the petitioner against the same railroad or railway company, and the damages to be paid shall be ascertained for its entire length in this State for such rights and privileges by said proceedings: Provided, That the defendant in all such cases shall have the right to apply for a removal of such case for trial to any other County through which said railroad runs, as provided by law in other cases.

Condemnation, where co-tenant permits entry.-Granger v. Tel. Co., 70 S. C., 528; 50 S. E., 193.

Remedy inadequate.-Ry. Co. v. Tel. Co., 63 S. C., 199; 41 S. E., 307. Permit for entry obtained by fraud. Baldwin v. Tel. Co., 78 S. C., 419: 59 S. E., 67; Voyles v. Tel., 78 S. C., 43; 50 S. E., 68; Burnett v. Tel. Co., 71 S. C., 146; 50 S. E., 780; Mason v. Tel. Co., 71 S. C., 781; Brown v. Tel. Co., 82 S. C., 173; 63 S. E., 744.

-: 50 S. E.,

Sec. 2996. It shall be the duty of the Clerk of said Court to sum- Court, upon the filing of said petition, to issue summons, companies, directed to said railroad or railway company, which, with is filed; how a copy of said petition, shall be served upon the same, by assessed, &c. serving it upon any agent in said County, as other civil proCiv. 02. cess is by law authorized to be served upon railroad or railway companies in this State; and the Clerk shall docket said cause, which shall be tried at the next ensuing term of said Court, as other civil causes are tried; except that the Court shall first hear proof of the allegations of said peti

2214.

on as to its incorporation, and its failure to agree with e defendants, which, if satisfactory to the Court, an order that effect shall be entered, when the issue of fact involved erein, together with question as to the amount of damres to be paid the defendant by the petitioner, shall be mediately submitted to a jury, which shall be sworn as llows: "You, and each of you, do solemnly swear (or firm) that you will assess just compensation to which the fendant is entitled from the petitioner for the construcon, maintenance and operation of its lines upon the right way of the defendant, in the manner set out in the petion on file in this cause."

temedy by appeal against judgment on defective service, etc.-Ex parte tal Tel. Co., 72 S. C., 552; 52 S. E., 676.

A. D. 1912,

Manner of

trial and form

Civ. '02, §

2215.

Sec. 2997. Testimony as to the issues of fact involved, d irrespective of any benefit which the railroad company of verdict. y derive from the proposed telegraph or telephone lines, railroad or railway company will suffer by reason of the struction, maintenance and operation of the telegraph or ephone lines upon its right of way, in the manner set in the petition, will be admissible; and after argument counsel for the petitioner and the defendant, if the pective parties are so represented, and the Judge's charge, jury shall return into Court their verdict, in writing, the form following: "We, the jury, find for the defendand assess the damages to which it is entitled from company for the right to construct, mainand operate its lines upon the right of way of the endant, in the manner set out in its petition, through the inties of dollars." The Court

Il give to the jury the written form of the verdict, leaving hk only the amount of damages; which verdict, with judgment of the Court thereon, shall be entered as other gments of said Court. The judgment of the Court shall horize the petitioner, upon the payment of the amount of verdict to said defendant, or to the Clerk of said Court, ject to the order of said defendant, to construct, mainand operate its lines in the manner set out in its petiand not otherwise.

c. 2998. In the event the jury in said cause fails to e upon a verdict, and is discharged by the Court, it shall

A. D. 1912.

If mistrial,

be the duty of the Court to cause another jury to be empannew trial is elled at the same term of said Court, and again try the issue in said cause: Provided, Sufficient time therefor remain. C. 02, and if not, then at the next term thereof.

[had.

2216.

peal.

2217.

Right of ap- Sec. 2999. Either party feeling itself aggrieved at the verdict of the jury may appeal said cause to the Supreme Civ. 02. Court of the State, which shall be docketed, heard and determined as other civil causes appealed to said Court. But the telegraph or telephone company may proceed to construct its lines, notwithstanding an appeal may be taken. upon the payment into Court the amount of the verdict of the jury as hereinbefore authorized.

demnation

may be had.

Civ. '02, § 2218.

When con- Sec. 3000. If any agent or attorney for the telegraph or Proceedings telephone company shall, in writing, offer or propose to the president or general manager of any railroad or railway company to agree upon terms to construct its lines upon the right of way of such railroad or railway company. and no definite response of consent or refusal be given him within thirty days, then such company may proceed to condemn in accordance with the provisions of this Chapter. without further effort to agree upon terms for such right of way for its use and benefit.

Bond for costs, &c.

Civ. '02, § 2219.

Electric light companies to

1904, XXIV., 489.

Sec. 3001. The telegraph or telephone company, before instituting proceedings under this Chapter, shall give a bond for costs in the sum of two hundred dollars, to be approved by the Clerk of the Court in which its petition is filed, and shall pay all costs of the proceedings, unless, upon appeal by the railroad or railway company, the judg ment of the Court appealed from is sustained by the Supreme Court; then, in such case, the railroad or railway company shall pay all of the costs of such appeal.

Sec. 3002. Subject to the same duties and liabilities, all have right to the rights, powers and privileges conferred upon telegraph condemn, etc. and telephone companies, under Sections 2993, 2994, 2995, 2996, 2997, 2998, 2999, 3000 and 3001 of the Civil Code of South Carolina, be, and the same are hereby, granted unto electric lighting and power companies incorporated under the laws of this State, or any other State, upon complying with the laws of this State regulating foreign corporations and by becoming a domestic corporation.