The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1868-10-17

that purpose. neglect to call upon the
inhabitants of his District, or use
other proper IneasnfesAto repair or
open the highway or bridge which
may. be out Of repair or ohstrnctsd,
he shall forfeit and payto the Select
men of the town, to be expended in
repairing highways in such District,
the sum of ten dollars, with costs, to
be collected in the name of the town,
unless such surveyor shall show
sufficient reason for such neglect.
LVI. If in such case any inhabi-
tant of any District, whose name
shall be on the tax bill Of such Dis
trict, whether any tax shall be due
from him or not, shall for the space
of six hours after being called on, or
notified, by the surveyor for that
purpose, without sufficient reason,
neglect to turn out and assist in re-
pairing or opening such highway or
bridge as he shall be required, he
shall forfeit ind pay to the Selectmen
of the town the sum of three dollars,
to be collected and expended as pro-
vided in the preceding section.
LVII. If any person against whom
surveyor shall have tax payable
in labor shall neglect, after being no.
titled, as provided in this Act, to
work out his tax, shall be liable to
pay his tax in money; and the sur
yeyor shall proceed to collect the
same, and shall have oil the power
which the County Treasurer has by
law to collect State taxes; and shall
proceed IN the same manner in the
collection, and shall have the same
fees.
LVIII. 1t shall be the duty of each
surveyor to lay out, in such manner
as he may think beneficial, III making
and repairing highways in his dis
trict, all moneys collected by him in
his tax bill, or received in any other
way for that purpose.
LlX. Each surveyor shall keep
fair and regular accounts of all labor
performed and all moneys received
and expended in his District, and of
the labor that may have been per-
formed by any persons over and above
their taxes, and make return Of his
accounts to the Selectmen annually
i'll the month of December. And It
shall be the duty of such surveyor to
pay over to the Selectmen any moneys
which may remain in his hands un-
expende5; and any moneys which
may be so received from the surveyor
shall be paid over by the Selectmen
to the succeeding surveyor, to be ex-
pended in the same District; and
when any persons shall have over
paid their taxes, in labor or other
wise. the balance shall be credited to
such persons on their taxes for the
succeeding year.
LX.- If any surveyor shall have
failed to collect the taxes contained
in his tax bill, as required by law,
or if he shall fail to pay over any
moneys which he may have collected
and not expended, the Selectmen
may proceed against him in the same
manner, as provided by law, in the
case of delinquent County Treasur-
ers or collectors of taxes.
LAI. If any person receive or suf-
fer bodily injury or damage in his
property through defect or want of
repair or Of sufficient railing in or
upon a highway, causeway or bridge,
he may recover in an action of tort,
of the County, Town, Village or City
by law obliged to repair the same,
the amount of damage sustained
thereby. if such County, Town, Vii
lage or City had reasonable notice of
the defect, want of repair or of sufli-
cient railing, or if the same had ex-
listed for the space of twenty-four
hours previous to occurrence of the
injury or damage; but no such dam
age shall be recovered by n person
whose carriage and load thereon ex-
ceeds the weight of six tons.
LXII. If before the entry of an
action provided for in the preceding
Section, the defendant tenders to the
plaintiff the amount which he would
be entitled to recover, together with
all legal costs, and the plaintiff does
not accept the same, and does not
recover upon the trial moro than the
sum so rendered, the defendant shall
recover his costs.
LAlII. If q town neglect to repair
any of the ways or bridges which it
is by law obliged to keep in repair,
or neglect to make the same safe and
convenient, such town shall be liable
to indictment and fine rs the Court
in its discretion may order; and the
fine imposed in such case shall be