The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-06-21
Acts Passed by the General Assembly
at the Extra Session Of 1877.

AN ACT TO AUTHORIZE COUNTY COM
MIssIoNERs TO SUBMIT TO THE QUAIL
FLED ELECTORS OF THEIR SEVERAL
COUNTIES A PROPOSITION TO ALTER
THE FENCE LAWS, AND TO PROVIDE
FOR EFFECTING THE SAME.
SECTION /. 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, That upon the
written application of seventy-fye of the
taxpayers of any township in any county
of this State who may desire to substitute
the fencing of stock in lieu Of iencing
the fields, it shall be the duty of.the said
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, specifying 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 compen-
sation, hold and conduct said election,
and Immediately upon the close thereof
make return thereof to the Commissioners
Of the county, who shall declare and pub
lish the result Of said election in one or
more of the newspapers published in said
county Provided, hoaoever, That the
place of voting designated by the County
Commissioners shall be as near the geo.
graphical centre Of the township as cir
cumstances will admit; and if majority
of the qualified electors of said township
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 main
tenance 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, Jeanette, swine, sheep,
goat or neat cattle of any description to
permit the said animals OF any of them,
to run at large beyond the limits Of their
own lands, in said township.
Sec. 2. That upon the written appli-
cation of seventy-fve taxpayers in each
township in 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 man
ner and under the regulations of the fore
going 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 succeed
ing said election, and all the provisions
of this act, applicable to townships, shall
apply to the county; but if all of the town
ships 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 elec-
tion in said townships. .5.
Sec. 8. Ifany of the animals enume-
rated in the first section shall hereafter
be found at large, or upon the lands of
any person than the owner, in said town
ship, the manager or owner, Of said ami
mails, shall be liable for all damage done
by the said animals to the owners of the
crops or the lands upon which they tres
pass. - -.
Sec. 4. In case Of trespass, as aforesaid,
the aggrieved party may make complaint
to Trial Justice or Justice of the Peace
of the county in which the trespass was
committed, who shall issue his warrant
Immediately, returnable within five days
from the date thereof, and at the same
time and place named in the warrant the
case will be tried, and the amount of
damages sustained by the complainant
be ascertained, and judgment given for
the same7with legal costs, as in the case
Of other warrants. ..'i g.,
SEc.l5. Whenever any township or
county shall adopt the act, and it shall
become necessary to protect the lands in
said township or county from the incur
sion 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 incur
sions, 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
the power and authority to construct
fences across any public or private road :
Provided, That proper gates are estab-
lished 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 main
tanning said fences, said tax to be 'collec-
ted at the same time and in the same
manner as other State and county taxes
are levied and collected. And the Coun-
ty Commissioners are authorized and en-
powered 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 re-
gard to the erection and maintenance of
fences shall apply to any fence erected
in pursuance of the foregoing section
and all persons disturbing or injuring
said fences shall be punishable as provi-
ded in said laws.
Sec. 7. 1t shall be the duty of.any per-
son or persons driving stock, such as cat
tie, 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 citizens of said
county. - <rI+. q.
Sec. 8. 1t shall be the duty of each
and every employer in any county or
township which shall adopt the Provis-
ions of this act, to furnish each and every
employee hired by him with pasturage
for as many head of stock owned by such
employee as may be agreed upon, not ex-
ceeding two head of cattle to every field
hand. in amount Provided, That such
employee shall perform his proportionate
amount of labor to keep up the enclosure
of such pasture. s'.. ''
Sec. 8. That none of the provisions OF
IL. .. Ill b. i, ~