The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-04-23
9noerso11 JnteQigelutr*

Acts and Joint Resolutions Passed by the
General Assembly Of South Carolina, at
the Session of 1894.
AN ACT. TO AMEND CHAPTER XIV, OF TITLE
II, PART /, OF THE GENERAL STATUTES, RE
LATING TO THE REPAIRS OF HIGHWAYS AND
BRIDGES.
Be 1t enacted by the Senate and House OF
REPRESENTATIVES of the State of South Carolina,
now met and sitting in General Assembly, ana
by the authority of the same: MN,
SECTION l. That Chapter xiv, OF Little
II, Part l. of the General Statutes, De, and
the|same is hereby, repealed, and the following
substituted as such Chapter: ;,
SEC. 2. The County Commissioners OF the
several counties of this State shall divide their
respective counties into highway districts, each
district to contain not less than two miles OF
public highways nor more than thirty miles,
TO be convenient for repairing highways, and
from time to time to alter the same.
Sec. 8. That for the purpose Of keeping IN
repair highways, the County Commissioners OF
each county shall divide the persons liable to
road duty in each highway district into con.
roads, in each highway district, whose duty 1t
shall be to have the persons before named
warned out to work the said roads whenever he
may deem it necessary to repair the same. He
inc inc at each warning: PROVIDED, That not
more than six days are required in year:
When the Commissioner having oversight OF
such sections gives orders to the overseer to
work the road, and he neglects to do the same,
he shall be guilty of misdemeanor, and upon
conviction thereof in Trial Justices Court,
shall be fined in a sum not less than hve nor
more than ten dollars.
Sec L. Any person liable to road duty, who
shall have been duly warned two days before
the day fixed in his notice for such working,
stating the hour and place of working. shall be
subject to the direction of the overseer in
charge. If any person of the legal age refuse
to work upon the highways and roads (haying
no justifable excuse) according. to the direc-
ton of the overseer, he shall be deemed guilty
of a misdemeanor and upon conviction thereof
in a Trial Justices Court, shall be fined in
sum not less than five dollars, nor more than
ten dollars, or be imprisoned in the county Jail
for period Of not less than five nor more than
twenty day.
SEC. 5. That on any extraordinary occasion,
when any highway shall be suddenly obstruct-
ed by storm or otherwise, SO as to require I'M
mediate labor to remove such obstruction, 1t
shall be the duty of the overseer IN whose dis
trict such obstruction occurs to proceed forth
with to have such obstruction removed, and for
this purpose shall summon to his aid a sutfi-
cient number of workmen to open and repair
such highway. IF any person shall in such
case perform more days labor than is required
by law for the year, he shall be paid for any
such overplus at the rate of one dollar per day
by the County Commissioners, upon the certih-
cate of the overseer showing that such overplus
labor was performed. If on any such extraor-
dinary occasion the overseer shall, for the space
of day, after application made to him tor such
purpose by any citizen residing IN his district,
neglect to call out sufficient number OF per-
sons to speedily open and repair such highway,
he shall forfeit and pay to the County Com
missioners of his county, to be expended in
sary in his district, the sum of fifteen (Sl5)
dollars, unless the overseer shall show sufficient
reason for such neglect; the said fifteen dollars
to be collected by an action for debt In the
name of such County Commissioners as plain
tiffs before any Trial Justice in said county.
# on any such extraordinary occasion any
person liable to work on highways, after being
summoned for the purpose of removing such
obstructions by the order of the oyerseer, shall
neglect to turn out and assist in opening and
repairing such highway he shall be deemed
guilty of a misdemeanor, and, upon convlction
thereof in any Trial Justices Court, shall be
fined three dollars per day, said fine to be col.
lected and expended as herenbefore provided
in the matter of forfeiture of overseers.
Sec g. If any person receive bodily injury
or damage in his person or property, through a
defect in the repair of highway, causeway or
bridge, he may recover in action against the
county the amount of damages fixed by the
finding of jury. If such defect in any road,
causeway or bridge existed before such injury
or damage occurred, such damages shall not be
recovered by the person so injured, if his load
exceeded the ordinary weight of the county
when such injury or damage occurred.
Sec. Z. If, before the commencement .ot an
action provided for in the foregoing section, the
County Commissioners tender to the plaintiff
the amount which he might be entitled to
recover, together with all legal COSTS and the
plaintiff refuse to accept the same, and does
not recover upon subsequent trial sum larger
than the amount so rendered, the defendant
shall recover costs, and the plaintiff be entitled
10 the results of no verdict. If the Commits
soners of any county neglect to have repaired
sre required to be kept in repair, they shall be
deemed guilty of misdemeanor, and upon
conviction thereof, shall be fined in sum not
less than one hundred nor more than five hun
dred dollars, in the discretion of the Court.
The County Commissioners shall authorize the
overseer of any district to allow man work
ing one day, and also furnishing horse, plow
or cart two days labor; and one working
himself for one day, furnishing wagon and
two horses, mules or oxen, three days labor.
SEC. s. All able-bodied male persons between
the ages of eighteen aud forty-fve years shall
be liable annually to work on the public high
ways and roads not less than three nor more
than six days, under the direction Of the over
seer ofithe district in which they may reside
In warning men to work upon the public roads
the overseer shall make out a list for the warn
er, requiring him to give notice to each person
the kind of tool he shall use in working upon