Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-03-07

AMENDMENTS TO THE FENCE LAW.

AMENDMENTS TO THE FENCE LAW.
The following is the full text of the amend.
ments to the Fence Law, as passed by both
houses of the legislature, and is now of force
AN ACT
To amend an act entitled "Anact to authorize the
county commissioners to submit to the quail
fled electors of their several counties, PROPOSE
ton to alter the Fence Laws and to provide for
etfectuating the same" Approved June7, 1877.
Be 1t enacted by the Senate and House Of
Representatives of the State of South Caro-.
lima, now met and sitting in General Assem-.
bly,, and by the authority of the same: :
Section l. That in the several counties and
townships of this State, where the electors
have already or shall hereafter vote to adopt
the provisions of the above entitled act, COM
monty known as the fence law, the boundary
lines of the lands of the inhabitants within
the territory so adopting the same, shall be
deemed and taken to be lawful enclosure
thereof; and the owner or manager of any
horse, mule, ass, genet, swine, sheep, goat or
neat cattle of any description, who shall will
fully, knowingly and unlswfully or negligent
ly permit the said animals, or any of them,
to 60 upon the lands Of any owner or occu-
pier situate in any such county or township,
shall be deemed guilty of misdemeanor,
and, on conviction 10 any Court having COM
petent jurisdiction, shall be fined in sum not
exceeding thirty dollars, or imprisoned for
not more than thirty days, or both, in the dis.
cretion of the Court. 49,
Sec 2. That the owner or manager Of any
of the live stock aforesaid, in addition to tie
penalties provided in the first Section Of this
Act, shall be liable to the owner or occupier
of any of the lands situated as aforesaid, for
all damages he or she may have sustained by
the depredations of any such stock, to be re-
covered by action of debt in any Court having
competent jurisdiction, and the stock that
caused the damage shall be held liable 10 pay
the same in preference to all other liens, en-
cumbrances or claims against the same: Pro-
vided, That If the owner or manager OF the
stock shall show, 10 the satisfaction of the
Court, that the damages were committed with
out fault or negligence on his or her part, such
showing shall be- held sufficient defence.
SEC. 3. That in the counties of Anderson
and Chester, where majority of the town.
ships have adopted or shall hereafter adopt
the provisions of the fence law, it shall be
lawful for the county commissioners to erect
fences on the county lines, instead of on the
lines of townships, and for that purpose they
are invested with all the powers conferred on
them in cases where the entire county shall
have adopted the said fence law. ~,
Sec. 4. That it shall be the duty of the
county commissioners to erect substantial and
convenient gates in said fences at the crossing
of all public highways and neighborhood
roads, and when the inhabitants, or any of
them, shall desire a crossing on their own
lauds they shall be permitted to erect and
keep up such gates at their own expense ;
and any person who shall wifully and unlaw-
fully leave open any of the said gates or do
any willful damage to the gates or fences
erected for the purposes aforesaid, shall be
deemed guilty of misdemeanor, and on
conviction in any Court having competent ju-
risdiction, shall be fined in a sum not exceed
ing twenty dollars, or imprisoned not more
than twenty days.
SEC. 5. That it shall be misdemeanor for
any person to willfully ride, drive, or allow
his team to travel outside of the road on cul.
tivated lands of private parties, and, upon
conviction thereof, shall be fined not less
than FIVE nor more than twenty dollars, or be
imprisoned not less than five nor more than
twenty days: Provided, That in case any
person charged with this misdemesnor be
brought before or reported to Trial Justice,
lie may discharge himself from any further
proceedings thereon by paying such fine with
in the above limits as the Trial Justice may
impose.