The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-06-18

Be 1t 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 I. That the County Commissioners
of Anderson County be, and they are hereby,
authorized, in addition to the duties now i'm
posed on them by law, to act as Commissioners
of Health and Drainage, and they are hereby
empowered, as such Commissioners of Health
and Drainage, to act as follows, to wit:
!. That in all cases where land owner de-
sires to drain his lands and is refused neces-
sary outlet upon or through adjoining lands,
the County Commissioners are hereby enpow-
cred to hear the case on petition and personal
service, and to decide and fix either compensa-
tion on the one side or assessment upon the
other; and their decision in such cases shall
have the effect of legal judgment.
2. That in cases where one-third of the land
owners upon any water course, for distance
of not less than i've miles up and down the
stream in said County, shall desire to drain the
lands upon such water course, the County
Commissioners shall, upon petition, personal
service and the testimony of one or more COM
petent engineers, be empowered to make con-
tracts for such drainage, and impose the proper
assessment upon the various properties benefit
ed by the same, and the said assessments shall
have the force of legal judgment: Provaded,
That in both above mentioned cases, should
any party feel aggrieved by the decision or
action of the County Commissioners in the
premises, it shall be lawful for him to appeal
to the Judge of the Circuit at the term OF the
Court next ensuing, whose decision in the mat
ter shall be final.
8. That in case where the general health of
the County is seriously affected by the condi-
tion of any water course, the County Commits
sioners shall, upon petition and proof of at
least one-third of the land owners upon such
water course, or of one-third of the land owners
within two miles on either side of such water
course, and not less than five miles up and
down the stream-which proof shall contain
the affidavits of two physicians, one of whom
shall practice in the neighborhood- an
estimate of the cost and proceed to drain such
water course as in the case heretofore provided
for Provided, hoaoeuer, That if, in the opinion
of said County Commissioners, the cost of such
drainage imposes too heavy IN assessment upon
the individual land owners upon such water
course, they shall make report, in writing, of
their estimate and opinion to the Judge of the
Circuit Court at the next ensuing term thereof,
and if he approve of such report and estimate,
which approval shall be in writing, the County
Commissioners shall contract for such drainage,
and, after levying a fair assessment upon all
such property, they shall charge the surplus of
the cost of such drainage to the County, to be
carried into their estimate for the County ex-
penses for the next ensuing year.
4. That in cases where the general health of
the County or neighborhood be seriously affec-
ted by the condition of any mill dam, the
County Commissioners of said County shall
have the power to remove the cause of tuch
nuisance, provided fair compensation be paid
L. ~, t1o 70 ta cp6
upon the property of those benefited by the
removal of such nuisance; and shall further
regulate the condition of all mill dams in said
County by requiring the owners thereof to
furnish such mill dams with substantial flood
gate, if, in their judgment, the health of the
neig ghborhood or the drainage of the land above
the dams require food gate to be placed in
the dam, to be opened at and kept open for
such times as the said County Commissioners
shall direct.
Approved March Il, 1874.