The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-02-21
THE FENCE LAW.

The following is the text of the new
Fence Law adopted for Anderson Coun-
ty. 1t has nassed both houses of the
Legislature, anu now only awaits ratifi:
cation and approval by the Governor.
Probably before the next issue of this
paper it will have become law, and our
people will do we'll to cut it out for flu
ture reference, or file away this paper
containing it:
A BILL to Amend an Act entitled can
Act to Authorize the County Commits
sioners to Submit to the Qualified Elec-
tors of their Several Counties Propo-
sition to Alter the Fence Laws and to
Provide for Effectuating the Same"
Approved June Z, 1877.
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:
SECTION l. That in the several Coun-
ties and townships of this State where
the electors have already or shall here
after vote to adopt the provisions of the
above entitled Act, commonly known as
the fence law, the boundary lines of the
lands of the inhabitants within the terri
tory so adopting the same shall be deem
ed and taken 70 be lawful enclosure
thereof; and the owner or. manager of
any. horse, mule, ass, genet, swine, sheep,
goat OF neat cattle of any description who
shall willfully, knowingly and unlawfully
or negligently permit the said animals,
or any of them, to go upon the lands OF
any owner or occupier situate in any
such County or township shall be deemed
guilty of a misdemeanor, and, on convic-
tion in any Court having competent ju-
risdiction, shall be fined in sum not ex-
ceeding thirty dollars, or imprisoned for
not more than thirty days, or both, in
the discretion of the Court.
SEC. 2. That the owner or manager OF
any of the live stock aforesaid, in addi-
ton to the 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 depre.
dations of any such stock, to be recovered
by action of debt in any Court having
competent Jurisdiction, and the stock that
caused the damage shall be held liable to
pay the same in preference to all other
liens, encumbrances or claims against
the same: Provided, That if the owner or
manager of the stock shall show to the
satisfaction of the Court that the dam
ages were committed without fault or
negligence on his or her part such show
ing shall be held sufficient defense.
SEC. 8 That in the Counties of Ander-
son and Chester, where majority OF the
townships have adopted or shall here.
after 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 fence at the
crossing of all public highways and
neighborhood roads, and when the in
habitants, or any of them, shall desire q
crossing on their own lands they shall be
permitted to erect and keep up such
gates at their own expense; and any per-
son who shall willfully and unlawfully
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 compe.
tent Jurisdiction, shall be fined in sum
not exceeding twenty dollars or impris-
oned not more than gwenty days.
Sec. 5. That it shall be misdemeanor
for any person to willfully ride, drive OF
allow his team TO travel outside of the
read on cultivated lands of private par.
ties, 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 charg.
ed with this nisdemeanor be brought
before or reported to Trial Justice, he
may discharge himself from any further
proceedings thereon by paying such fine
within the above limits as the Trial JUS
tice may impose.