The news and herald. (Winnsboro, S.C.) 1877-1900, 1878-03-12


The following is the full text Of
the amendments to tho fonce law,
as passed by both houses Of tho
Leyis la.urc, and now. Of force:
An act to amend an act entitled can
.act to authorize the county com
missioncrs to submit to the quali-
fled electors OF their several
counties u proposition to alter
the Fence Laws, and to provide
Tor cifcctuatin3 the same" up-
proved June T, 1877.
BE IL 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 I. That in the several
counties ana townships Of this State,
where the electors have already or
shall hereafter 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 territory
SO adopting the same, Shall be
deemed and taken to be Il 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
wilfully, knowingly and unlawfuliy
or ne3ligcntly permit the said ami
mals, or any OF them, to go upon
the lands OF any owner or occupicr
situate in any such county or town
ship, shall be dccmcl guilty Of Il
mlsdemcanor, and on conviction in
any Court having competent j,ris-
dlction, shall be tinel Il in sum not
exceeding thirty dollars, or impria-
onel for not more than thirty days,
or both, in the discretion Of the
Court.
SEC 2. That the owner or mana
ger Of any Of the live stocl, aforc-
said, in addition to tho penalties
provided in the first section of this
Act, shall be liable to the owner or
occupicr OF any Of the lands situat-
ed rs aforesaid, for all damages ho
or she may have sustained by The
lcpredations Of any such stock, to
be recovered by action Of debt in
any Court having competent juris-
| II - Cd 1
the damage shall be held liable to
pay the same in preference to all
other liens, cncunbranccs on claims
against the samc : Provided, That
if the owner or manager OF the stock
shall show, to the satisflcton,of the
Court, that the damages wcro com
mittcd without fault or negligence
on his or her part, such showing
shall be held Il sufficient defence.
SEC. 3. That in the counties Of
Anderson and Chester, whore Il
majority of the townships have
adopted or shall hereafter adopt the
provisions Of the fence law, it shall
be lawful for the county commits.
sioncrs to erect fences on the cuun,
ty lines, instead of on the lines of
townships, and for that purpose
they arc invested with all tho pow.
crs conferred on them in cases
whore the entire county shall have
adopted the said fence law.
SEC. 4. That it shall be Tho duty
Of the county commissioners 70
erect substantial md c0nyorio,t
gates in said fences at tho crossing
of all public highways and neigh
borhood roads, and when tho in-
habitants, or any of them, Shall do
sire a crossing on their own lands,
they shall be permitted to erect
and keep up such gates at their
OVID expense and any person who
shall wilfully and unlawfully leave
open any Of the said gates or Go
any wilful damage to tho gates or
fences erected for tho purposes
aforesaid, shall be deemed guilty Of
q misdcmennor, and on conviction
in any Court having competent ju-
risdiction, shall bo fined in sum
not exceeding twenty dollars, or
imprisoned not moro than twenty
days.
SEC. 5. That it shall bo misjlo-
meanor for any person to wilfully
ride, drive, or allow his team to
travel outside Of tho road on c,,lti-
vated lands Of private parties, and
upon conviction thereof, shall DO