The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-03-05
The DRAINAGE Law.


We publish below the full text of the bill
known as the Drainage Law for Anderson
County, introduced by Mr.. Cochran, and which
has passed the House of Representatives. The
Senate Committee reported favorably upon the
bill, and it will doubtless become law before
the present session closes:
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 l. 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:
LIST. That in all cases where land owner
desires to drain his lands, and is refused a
necessary outlet upon or through adjoining
lands, the County Commissioners are hereby
personal service, and to decide and fix either
compensation on the one side, or assessment
upon the other; and their decision in such
cases shall have the force of legal judgment.
End. That in cases where one.third of the
land owners upon any water course, for dis
tance of not less than five 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 competent engineers, be empowered to
make contracts for such drainage, and impose
the proper assessment upon the various proper
ties benefited by the same, and the said assess
ments shall have the force of legal judgment
Provided, 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
matter shall be final.
3rd. That in case where the general health
of the County is seriously affected by the con-
dition of any water course, the County Com
missioners shall, upon petition and proof of at
least one-third of the landowners upon such
water course, or of one-third of the land
owners within four miles of such water course,
that is to say, 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 afidavits of three physicians
two of whom, at least, shall practice in the
neighborhood, make an estimate of the cost
aud proceed 10 Drain Sucn wafer course us ~
the case heretofore provided for: Provided
ho,oever, That if, in the opinion of said County
Commissioners, the cost of such drainage i'm
poses too heavy an assessment upon the indi'
vidual land owners upon such water course
they shall make report, in writing, of their
estimate and opinion, to the Judge of the Cir
cult 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 fair assessment upon al
/ such property, they shall charge the surplus O
the cost of such drainage to the County, to bt
| carried into their estimate for the County ex
penses for the next ensuing year.
4th That in cases where the general health
of the County or neighborhood is seriously
affected by the condition of any mill-dam, th'
County Commissioners of said County shal
have the power to remove the cause of suct
nuisance, upon fair compensation to be assessed
upon those benefited by the removal of sucf
nuisance; and shall further regulate the con
dition of all mill dams in said County by re
quiring the owners thereof to furnish sucl
mill-dams with substantial aoodgate, if il
their judgment the health of the neighborhood
or the draipage of the lands above the dams
require food-gate to be placed in the dam, t'
abe opened at, and kept opened for such time
sas the said County ommissiOners shall direct