Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-05-07
Sunth Garolina gaws.
AN ACT

DE IL enacted by the Senate ana House OF
Representatives Of the State of South Carroll.
na, now met and sitting in General Assembly,
and by the authority of the same:
Section l. That chapter XIV of title XII,
part I, of the General Statutes be 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same is hereby repealed, and the following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, and
each district to contain not less than two
miles ofpublic highways, nor more than thirty
miles, to be convenient for repairing high
ways. and from time to time to alter the
same.
Sec 3. 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
convenient companies, and appoint an over
seer Of roads in each highway district, whose
duty it 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 shall determine the number
Of days for working at each warning Provi.
ded, 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 misde-
mcanor, and upon conviction thereof in a
trial Justices court, shall be fined in sum
not less than five nor more than ten dollars.
Sec 4. 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. Ifany person of the legal age refuse
to work upon the ighways and roads, having
no justi6able excuse, according to the direc.
tion of the overseer, he shall be deemed guilty
of a misdemeanor, and upon conviction there
of, in a trial Justices court, shall be fined in
a sum not less than five dollars, nor more
than ten dollars, or be imprisoned in the coun-
ty jail for period of not less than five, nor
more than twenty days.
Sec. 5. That on any extraordinary occasion
when any highway shall be suddenly obstruc-
ted by storm, or otherwise, so as to require i'm
mediate labor to remove such obstruction, it
shall be the duty of the overseer in whose
districts such obstruction occurs, to proceed
forthwith to have such obstruction removed,
and, for this purpose shall summon to his aid
a sufficient number of workmen to open and
repair each 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
certificate Of the overseer showing that over
plus labor was performed. If on any such
extraordinary occasion the overscer shall for
the space Of day, after application made to
him for such purpose by any citizen residing
in his district, neglect to call out a sufficient
number ofpersons to speedily open and repair
such highway, he shall forfeit and pay to the
county commissioners of his county, to be ex-
pended in the repair of highways when and
where necessary in his district. the sum of tif
teen dollars (s15.000 unless the overseer shall
show sufficient reason for such neglect. The
said fifteen dollars to be collected by an &C.
ton for debt in the name of such county COM
missioncrs as plaintiffs, before any trial justice
in said county. If fon any such extraordinary
occasion, any person liable to work on high
ways, after being summoned for the purpose
of removing such obstruction, by the order of
the overseer, shall neglect to turn out and as.
sst in opening and repairing each highway
he shall be deemed guilty of misdemeanor,
and upon conviction thereof in any trial JUS
tees court shall be fined three dollars per
day, said fine to be collected and expended as
hereinbefore provided, in the matter of forfei-
lures of overseers.
Sec. 6. If any person receive bodily injury
or damage in his person or property through
defect in the repair of highway, causeway
or bridge, he may recover in an 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 injur-
ed, if his load exceeded the ordinary weight,
of the county where such injury or damage
occurred
Sec. 7. If before the commencement of an
action provided for in the foregoing section,
the county commissioners rendered to the
plaintiff the amount which he might be enti-
tied 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 cost, and the plaintiff
be entitled to the results of no verdict. If the
commissioners of any county neglect to have
repaired the highways and bridges which by
law are required to be kept in repair, they
shall be deemed guilty of misdemeanor, and,
upon conviction thereof, shall be fined sum
of not less than one hundred nor more than
FIVE hundred dollars in the discretion of the
court. The county commissioners shall au-
thorize the overseer of any district to allow
man working one day, and also furnishing a
horse, plow or cart, two days labor, and
one working himself for one day, and furnish
inp q wagon and two horses, mules or oxen,
three days labor.
Sec 8. All ablebodied male persons be-
tween the ages of eighteen and forty-6ve years,
shall be liable annually to work on the pub
lie highways and roads not less than three nor
more than six days, under the direction of the
overseer of the district in which they may re-
side. In warning men to work upon the pub
lie roads, the overseer shall make out list
for the warner, requiring him to give notice
to each person of the kind of tool he shall use
on the highways and roads.
Sec 8. That if any person having been no.
tilted or warned, as hereinbefore provided,
shall pay to the county treasurer of the county
in which he may reside the sum of one dollar
per day for each day work required, the same
shall be received in lieu of such labor, and
shall be applied by the commissioners of such
county to the construction and repair of the
highways in the districts to which they belong
Sec 10. The overseers in their respective
districts shall have full power to cut down
and make use of any timber, wood, earth or
stone, in or near the roads, bridges or cause
.n for tho nnrnnsa of renairinp the same