Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1877-05-10
THE FENCE LAW.

The bill in relation to fences in this State,
has been engrossed for the third reading in
the Senate. The following are the provisions
of the bill:
Section /. That upon the written applica-
ton of fifty taxpayers ofany township in any
county in the State, who may desire to sub.
stitute the fencing of stock in lieu of fencing
the fields, it shall be the duty of the commits
sioners of said county to order an election in
said township, between the 10th and 10th Of
August, or 10th or Goth of December in any
year, sixty days notice thereof being given in
one or more of the newspapers published in
said county, specifying the time and place or
purpose of such election, and the form of bal
lot to be used at such election, and to appoint
three managers of election, who shall, without
compensation, hold and conduct said election,
and Immediately upon the close thereof make
return thereof to the Commissioners of the
county, who shall declare and publish the re-.
suit of said election in one or more of the
newspapers published in said county and ifa
majority of the qualified electors Of said town.
ship, voting at said election, shall have voted
for the adoption of this Act, then the same
shall be and become of force in said township,
on the first day of January next succeeding
such election, and from and after that date,
all laws now existing in regard to the erection
and maintenance 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 be-
yond the limits of their own lands in said
township. ... ....,. .... .," g.. ..#r
Sec. 2. That upon the written application
of fifty taxpayers in each township In any
county in the State, it shall be the duty of the
Com missioners of the county for said county,
to order an election to be held in each town.
ship in the county, on the same day, in the
manner, and under the regulations Of the fore
going Section and if a majority of 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 elec-
tion, and all the provisions of this Act, ap-
plicable to townships, shall apply to the coua.
ty; but if majority 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.
Sec. 8. Ifany of the animals enumerated in
the foregoing Section shall hereafter be found
at large or upon the lands ofany person other
than the owner, in said township, the mana
ger or owner of said animals shall, if he be
citizen of said township, be liable for all
damage done by the said animals to the own
ers of the crops or the lands upon which they
trespass.
Sec 4. Whenever any township or county
shall adopt the Act, and it shall become nec-
essary to protect the lands in said township or
county from the incurson of stock or cattle
from any adjoining township or county. the
Commissioners of the county are authorized
to erect fences along such lines of the township
or county as are exposed to such incursions,
and for that purpose to enter upon the lands
of any person in said township or the adjoin-
ing township or county, and to erect such
fence thereon, without being guilty OF any
trespass whatever. And the said Commission
ers shall have power and authority to con-
struct fences across any public or private
road: Provided, That proper gates are estab.
ished on such public or private roads; and
to levy and collect tax upon the real prop
erty 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
amnower.d IN 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 incurson of cat
tie or stock.
Sec. s. 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 dis
turbing or injuring said fences, shall be pun
ishable as provided in said laws; and all cat
tie breaking said fences shall be dealt with as
provided in said laws.