Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-06-07


Should the recommendation Of the commit
lee of conference be adopted, the Legislature
will adjourn next Thursday or Friday" 80.
The Senate having refused, on Saturday,
by tie vote, to concur in the House resolu.
ton to elect Judge to gil the alleged vacan'
cy in the fifth (Carpenter's circuit, an effort
will be made in the Senate to-day to secure
the adoption of the resolution: I. D. W.
THE FENCE LAW. '"' ! 97'r'"
The following is the full text Of the "fenee
law" as it passed the legislature, and in this
shape has been ordered for ratification H>
AN ACT to authorize County Commissioners to
submit to the qualified electors of their several
counties proposition to alter the Fence Laws,
and to provide fer efectuating the same.
Be nenacted, by the Senate and House Of
Representatives of the State of South Carroll
ma, now met and sitting in General Assembly,
and by the authority of the same: 80.
SECTION /. That upon the written applica-
ton of seventy-6ve of the taxpayers Of any
township in any county Of this State, who
may desire to substitute the fencing of stock
in lieu of fencing the fields, it shall be the
duty of the Commissioners of said county to
order an election in said township between the
10th and Goth of August, or the 10th and Goth
of December in any year, thirty days. notice
thereof being given in one or more Of the
newspapers published in said county, specify.
ing the time and place or purpose of such
election, and the form of ballot to be used at
such election, and to appoint three managers
of election, who shall, without compensation,
hold and conduct said election, and immedi-
ately upon the close thereof make return
thereof to the Commissioners of the county,
who shall declare and publish the result of
said election in one or more Of the newspapers
published in said county; provided, however,
that the place of voting designated by the
County Commissioners shall be as near the
geographical centre of the townships as cir
cumstances will admit, and if majority OF
the qualified electors ofsaid township voting at
said election shall have voted for the adoption
of this Act, then the same shall he and be-
come of force in said township, on the first
day of January next succeeding such election,
and from and after that date, all laws now ex.
listing in regard to the erection and mainten.
ance of fences in said township shall be null
and void; and it shall not be lawful for the
owner or manager of any horse, mule, ass,
gennet, swine, sheep, goat, or neat cattle OF
any description to permit the said animals,
or any of them, to run at large beyond the
limits Of their own lands in said township.
Sec. 2. That upon the written application
II, E~,o ko~ - in ooh fnu,nohSn N
any county in the State, it shall be the duty
of the Commissioners of the county for said
county to order an election to be held in each
township in the county on the same day, in
the manner, and under the regulations of the
foregoing section and if all of the townships
in said county shall adopt this Act, then the
same shall be of force in said county on the
first day of January next succeeding said
election, and all the provisions of this Act,
applicable to townships, shall apply to the
county; but fall of the townships shall not
adopt the Act, then the same shall be Of force
in the townships in which the same shall be
adopted by majority Of the votes cast at said
election in said township. ,..a-,.... ... o..
Sec. 3. Ifany of the animals enumerated in
the first section shall hereafter be found at
large, or upon the lands Of any person other
than the owner, in said township, the mana
ger or owner of said animals shall, if he be a
citizen ofsaid township. be liable for all dam:
age done by the said animals to the owners of
the crops or the lands upon which they tres.
pass. ....... ..........-...
Sec. 4. In case of trespsss, as aforesaid, the
aggrieved party may make complaint to a
Trial Justice, or Justice of the Peace, of the
county in which the trespass was committed,
who shall issue his warrant Immediately, re-
turnabIe within five days from the date there
of, and at the same time and place named in
the warrant the case will be tried, and the
amount Of damages sustained by the complai.
nant be ascertained, and judgment given for
the same with legal costs, as in the case Of
other warrants. ."
Sec. 5. Whenever any township or county
shall adopt the Act, and it shall become ne.
cessary to protect the lands in said township
or county from the incursion of stock or cat
tie from any adjoining township or county,
the Commissioners of the county are author
lied to erect fences along such lines of the
township or county as are exposed to such ln-
cursons, and for that purpose to enter upon
the lands of any person in said township and
to erect such fence thereon, without being
guilty of any trespass whatever. And the
said Commissioners shall have power and au-
thority to construct fences across any public
or private road: Provided, That proper gates
are established on such public or private
roads; and to levy and collect tax upon the
property of said township or county to defray
the expenses of erecting and maintaining said
fences said tax to be collected at the same
time and in the same manner as other State
and county taxes are levied and collected.
And the County Commissioners are authorized
and empowered to make such arrangements
with the owners of property contiguous to and
on either side of the township or county lines
as may accomplish the object of protecting
the county or township from the incursion
of cattle or stock.
SEC. 6. The laws now of force in regard to
the erection and maintenance of fences shall
apply to any fence erected in pursuance of the
foregoing section and all persons disturbing
or njuring said fences shall be punishable as
provided in said laws; and cattle breaking
said fences shall be dealt with as provided in
said laws. .-.-....
Sec Z. 1t shall be the duty of any person
or persons driving stock, such as cattle, horses,
mules, sheep, or hogs, through the public roads
of any county, to so herd and drive the same
that they shall not be allowed to enter upon
or work injury to the lands or crops of the cit
liens of 50 id county.
SEC. 8. It shall be the duty of each and
every employer in any county or township