The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-03-21

An Act to amend Chapter XIV of Title
xI, Part I, Of the General Statutes, re.
lating to the repairs of Highways and
Bridges.
sEoTloN 1. BE Il enacted by the Senate
and House OF Representatives of the State
of South Carolina, now met and sitting
in Genern. Assembly, and by the a,2thor-
ity of the same, That Chapter XIV Of
Title xr, Part 7, of the General Statutes
be, and the came 10 hereby, repealed, and
the following substituted as such Chap
ter:
SEC. 2. That the County Commiae:on-
ere Of the several Counties OF this State
shall divide their respective Counties into
highway districts, each district to contain
not leis than ten miles of public high
ways, nor more than thirty miles, to be
convenient for repairing highways, and
from time TO time to alter the same.
SEC. 2. That for the purpose of keeping
in repair highways, the County Commits
sioners of each County shall divide the
persons liable to rosd duty in each high
way district into convenient companies,
and appoint an oyerseer of roads In each
highway district, whose duty it shall be
10 have the persons before named warned
out to work the said roads whenever he
may deem it necessary to repair the same.
He ehall determine the number of DAYS
for working at each warning: Prorided,
That not more than six days are required
in year. When the Commissioner hay
ing oversight of such sections gives orders
to the overseer to work the road, and he
negiect6 70 do the same, he shall be
deemed guilty OF q misdemeannr, and;
upon conviction thereof in Trial Jus
tice'G Court, shall be fined in q sum not
less than FIVE nor moro than ten dollars.
SEC. 4. Any person liable to road duty,
who shall have been duly warned two
days before the day fixed in his notice
for such working stating the hour snd
place OF working, shall be subject to tho
direction of the oyerseer in charge. II
any perRon Of the legal age refuse te
work upon the highways aud roads (hav-
ing no justifiable excuse) according to
the direction of the overscer, he shall be
deemed guilty of misdemcanor, aud,
upon conviction thereof in Trial JUS
tice's Court, shall be fined in sum not
less than five dollars, nor more than ten
dollars, or be imprisoned in the County
Jail for period Of not less than five nor
more than twenty days.
SEC. 5. That on .4cy extraordinary occa-
sion, when any hig; way shall be sudden
ly ohstructcd by sto I'M or otherwise, 80 rs
to require immediate labor 10 remove
such obstruction, it shall be the duty of
tho orerseer In whose district such OBJ
sstruction occurs to proceed forthwith to
have suck obstruction removed, anu for
this purpose shall summon to his aid
sufficient number of workmen to open
and repair such highway. If any person
shall, In such case, perform moro days
labor than is required by law for the
year, he shall hs paid fc- any sucl over
plus, at the rate Of one dollar per day,
by the County Commissioners, upon the
certificate of the overseer showing that
such overplus of labor was performed.
x on any such extraordinary occasion
the overaeer SHALL for the space Of day
after application made TO him for such
purpose by any citizen residing in his
district, neglect to call out sufficient
number OF persona to speedily open and
repair such highway, he shali forfeit and
County, to be expended in til ,pair of
highways, when and where aeccssarv Il,
his district, the sum of fifteen dollars.
unless the oyerseer shal! show sufficient
reason for such neglect, the said fifteen
dollars to be collected by an action of
debt, in tho name of such County Com
misslonerB, Us plaintiffs, before any Trial
Justices in Baid County. II on any such
extraordinary occasion IN, person liable
20 work on highways, aftei being sum
moned for the purpose Of removing such
obstruction by the order of the oyerseer.
shall neglect to turn out and assist in
ci,s.::es opening Gid repairing 5ii5h highway, ne
snail be desmed guilty of msdemeanor,
and, upon conviction thereof in any Trial
Justices Court shall be fined three dol
lara per day, said fine to be collected aud
expended IS hereinbefore provided in
the matter of forfeitures of oyerseers.
SEC. 6. If any person receive bodily
injury or damage in his person or proper
ty through defect In the repair of
highway, causeway or bridge, he may
recover, In an action against the County,
the amount OF damages fixed by the find.
ing of jury. If such defect In any road.
causaway or bridge existed before such
injury or dan9ge occurred, such damages
shall not be recovered by the person 80 |
injured If his load exceeded tho ordinary
weight Of the County where such injury
'ut danaaaa occurred.
SEC. 2, IL, before the commencement
OF an action provided for in the foregoing
Sactionf tho County Commissioners ten.
der to the plaintiff the nmonnt which he |
might be entitled to recover, together
with, all legal costs, and tho plaintiff re- |
fnaa to accept tho saine, and does not re- |
cover upon subsequent trial sum larger |
than the amount so rendered, the defen. |
cants shall recover costa and the plaintiff |
be entitled to the results Of no verdict. |
the Commissioners of any County neg
lect to have repaired any of the highways
and bridges which by law arc required 10
be kept in repair, they shall be deemed
guilty or q mIsdemeanor, and, upon con-
yictiOyl thereof, shall be find in d sum not
less than one hundred nor more than five
hundred dollars, in the discretion of the
Court. The County Commissioners shall
anthorizo the oyeseer OF any district to
nllnp9 a man Ipnskins a:-- IN, ~, 7a,s;, !
furnishing q horse, plow or cart, two days'
labor; and one working himself ono day
aFlc furnisliing q wagon and two hotses.
mules or oxen, three days labor.
SEC. 8. all able.hodied male persona
between the ages Of eighteen and forty
Eve years shall be liable nnnuallv TO @ woSk
on the ppbllc highWaya and roads not
Iess taas. three nor more than six days,
under the osSfction of the oveTseer of the
ifstslct IN u hich they may reside. In
gefiiDg men to work npon the public
oadsl che 0yesseer shall mako ont q list
q mo WHrIiOF,5 requiring him to give II
.pti@o 10 each perscn the Kind of tool he
hall use IN working upon the highways
ng roadE.
zc 8. That ifaay pefaoa, having been j
OF iissi IDT lTaruSd Is heseinbe fore pfoyi. x