The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-06-21
Acts Passed By the General Assembly
at the Extra Setsien OF 1872


COUNTIES A PROPOSITION TO ALTER
THE FENCE LAWS, AND TO PROVIDE
FOR EfFEcT1NG THE SAME.
SECTION !. BE enacted, by the Senate
and House of Representatives. Of the
State Of South Carolina now met and
sitting in General Assembly, and by tue
written application of seventy-Gve Of the
Of this State who may desfTe to substitute
tho fencing of stock in lien of fencing
the fields, it shall be the duty of:the said
Commissioners of said county 20 order an
election in said township between the
18th and 20th OF August, or tho 10th end
goth of December, in any year, thirty
days nutice thereof being given in one
or more of the newspapers published in
said county, specifying tho time ond
place or purpose, Of such election, and
the. form of ballot TO bc 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
moro OF the newspapers published in said
county I: Prouided. ho,cever, That the
place of voting designated by the County
Commissioners shall be as near the geo.
graphical centre Of tho township as cir
cunstances will admit; and is :, majority
or the qualified electors of said townships
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 or any of them,
to run ct large beyond the limits of their
own lands, in said township. r.
SEC. 2. That upon the written appli-
cation of scventy-tive Taxpayers in each
township in any county in, tho State, it
shall be tho 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'
ia seid 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 il all of the town.
ships shall not adopt the net. 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 cleo
ton in said townships.
SEC. 8. If any Of the animals ennme-
rated in the first section shall hereafter
DO 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. 1i- as
Sec. 4. In case of trespass, as aforesaid,
the aggrieved party may make complaint
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 ii the warrant the
case will be tried and the amount of
damages sustained by the complainant
. be ascer.ained, and ;..dg::m:em. Given fos
the same with legal costs, as in the case
of other warrants. rstf d; .8.
SEQ 8. 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 jtrespass whatever
/ And the said Commissioners shall have
. the, power and authority . to construct
fences across any public or private road I;
Rrocided, Thet proper gates are estab-
lished on such public or private .oaGB;
and to levy an collect tax upon the
property of saiG township or county to
defray the expenses OF erecting and main.
tanning. said fences, said tax to be. collec-
ted at. the came time and in the same
manner as other State and county taxes
are levied and collected. And the Coan-
ty, Commissioners are authorized and en-
poIeredeto make ,snch nrrangamt ats with
the ownefSiofprope contiguous TO and
On either side of. the township or county
lines as may accomplish tho 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 rs proyi;