The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1874-08-05
Laws Of South Carolina,
PASSED BY THE GENERAL ASSEM-
BLY,, 1878, 1874

BLY,, 1878, 1919
An Act to Amend Chapter XIV of
Title XI, Part I, of the General
Statutes, Relating to the Repair OF
| Highways and Bridges g
Be it enacted, by the Senate and
House of Representatives of the
State of South Carolina now met
and sitting in General Assembly, and
by the authority Of the same:
Section /. That chapter XIV, oi
ft,tle XII, part l, of the General Stat
utes be, and the same is hereby, re-
pealed, 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 dis;
:rict to contain not less than two
miles of public highways, nor more
than thirty miles, to be convenient
for repairing highways, and ifoih t!hie
to time to alter the same.
Sec. s. That for the purpose 81
keeping in repair highways, the coun
tv commissioners Of each county
shall divide the persons lia5Ic TO road
duty in each hi ghway district Into
convenient companies, and appoint m
overseer Of roads in each highway
district; whose duty it shall be tc
have the persons bctore-namcd warn
| ed out ID work the said roads when
ever he may deem it necessary tc
repair The same. lie shall determine
the number of days for working al
each working; Provided, That not
more than six days are required in q
year. Wien the commissioner hav'
ing oversight of such sections gives
orders to the oversecr 20 work the
road, and he neglects to do the same
he shall be guilty of misdemeanor
and upon conviction thereof in n trial
Justices court, shall be Ened in sum
not less than fvo hof more than ten
dollars.
Sec. 1. 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 over:
seer in charge. If any person of
legal age refuse to work upon the
highways and roads, having no usti-
fable excuse, according to tho direc-
ton of the overscer, he shall be
deemed guilty of misdemeanor, and
upon conviction thereof, in q 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 q period not less
than FIVE. nor more than twenty days.
Sec. 5. That on any extra ordinary
occasion when any highway shall be
suddenly obstructed by storm, or
otherwise so as to require immediate
labor to remove such obstruction, it
shall be the duty of the overseer in
whose district such obstruction occurs
to proceed forthwith to have such
obstruction removed, and for this pur-
pose shall summon to his aid q sutti-
cicnt 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 fats Of one
dollar per day by the coanty commis-
sioners upon the certificate of the
overscer showing that oterplus labor
was performed. If oh any such cx-
traordina,'y otcasion the ovcrseer
shall for Tic Space of a day, after ap'
plication made to shim for such pur.
ptse by any citizen residing in his
district, neglect to call out sufficient
number of persons to speedily opch
aod repair such highway, he shall for
felt and pay 10 the county commits.
sioners of his county, to be expended
in the repair of highways when and
where necessary in his district, the
sum of fifteen dollars (s15.0O3 unless
the ovcrsccr sha!! shutk sufficient rca-
son for such neglect. The said fifteen
dollars to he collected by an action
for debt in the name of such county
commissioners as plaintiffs before any
trial Justice in said county. lion any
such extraordinary occasion, any per-
son liable to work on highways, after
being summoned for the purpose Of
removing such obstruction; by the
order of the overseer, shall neglect to
turn. out and assist In opening and
repaiflng each highway, he shall be
deemed guilty Of q misdemeanor, and
upon conviction thereof in any trial
Justices court, shall be fined three
dollars per day, said fine to be col
lected and expended as hereinbcforc
provided in the matter bf forfeitures
Of oe erseers.
Sec. 8. If any person receive bodily
injury or damage in his person or
property through defect in the re-
pair of highway, causeway or
bridge, he may recover in On action
against the county the amount or
damages fixed by the finding Of d
jury. If such defect in any road,
causeway or bridge existed before
such injury or damage occurred, SUCH
damoges shall not be recovered by tho
person so injured, if his load exceeded
the ordinary weight, of the county