The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-05-06
COMPILATION OF THE ROAD Law.
Relating to and for the Use of ST.
perintendentx of Highways ant
uSnnd Oyo-upnrs

As""NA
J I. All streams which have been rendered
or can hereafter be rendered. cnnnblc Of being
nuvigable by RATS of lumber or timber by The
removal tilcrclrom OF ncridrntal obstruction
and all navigablc water courses ana cuts, Nrt
hereby declared navlYahlG streams, and such
streams shall be common highways and for
ever free, and II any person shall UbStrnct the
same, such person shall be deemed guilty Of n
nuisance, AMI such obstruction may be hbatrd
ny other public nuisanccS are by the laws o.
tliis Stntc.
Ii. Public highways shall be laid out by
special commissioners, who shall he appoint
ell by the County commissioners for this pur
pose, and who shall have such powers. receive
such compensation and perform such dttics
as may be required by law. GSec Act 1883, No
iUi.)
of Highways to causc all roads heretofore
laid out, or hereafter to bc laid out, leading
from nny part OF this Stale to Charleston
Georgetown, Columbia, Camden, Hamburg OF
Chcraw, to be made and cleared 80 feet wide
and all other roads shall he cleared 20 feet
wide.
~. The Supcrintcndcn.s of Highway:
shall cause all the roads In their respective
districts TO he p0Stcy ANA numbered, and al
each fork Of said road IL pointer TO I've placed
declaring the direction OF such roads; and !
any person OF pcrs,iiS Shall cut down or burn
or drfmcc nny mile post or stone or pointer
erected rs aforesaid. lie, she or they, upon con
vicliOn thereof, shall forfeit and pay the sun
of $40, to he recovered by indictment or ln'Or
nation in any Court Of competent Jurisdlc'
ton.
V. Any Superintendent Of Highways neg
Letting to cause said roads to be posted nnd
numbered and to have pointers erected n.
aforesaid, shall be Liable to pay the sum OF Slt
tor each and every neglect, To be recovered BY
Indictment in the Court of General Sessions
In the county wherein the same occurs. 10 i(
collected and paid to the Treasurer Of said
county for the use or the county: ProridctI
That no superintendent shall he liable to said
penalty who puts up said pointers ut sucl
times us he works his road division.
VI. 1t shall be lawful for any citizen OF this
State over whose land any rOaG may pass 9th
er than II public highway, to erect gates there
on, and the persons owning or erecting such
gates shall be liable to be indicted for Il nui
Sancc II they fall 10 keep them In good order
VII. in case my person shall interfere
with. inJurc, destroy or willfnlly leave open
any such gates. such person Or persons shall
be liable to indictment as for u 1~niSdcmcanor
VIII. Amy inirabitunt Of this State slial
her lands, to cut n ditch or bitches, anal OF
or canals, across any public highway In this
State: ErOu.dcH, Such person shall be bound
TO bridge such ditch or canal under the dircc'
iion Of tho superintendent of Highways fnl
the district IN which such uitcli or canal shall
dc cut, aud keep the same In good repair fol
one year. after which time TIC Sil'rrilten
dent of Highways for the district shall tax,
charge OF such bitches or CarnlS anu keel
them open and In repair.
TX. The Board OF County Commissioner
are authorized to allow the erection OF gates
upon highways, ana any person who shall
cut or destroy such gates, or Shall leave opct
the same, shall pay Il penalty Of S2h. .
X. IT any person Shall wll;fully or mali
ciously destroy, injure, hurt, damage. tmpnl1
or oDsi.nGt any OF the rr n1s hdiTI,n n% " ,s o,
way. or other erection belonging thereto
shall be fined and Imprisoned.
XT. Each township shall constitute q high
way district. Tie Board OF County Commits
sloncrs annually appoint some suitable and
proper person Superintendent IF Highways
for each highway district, and by re is"n 81
his Office Is exempt from road duty. He shall
hold his Office twelve months from date OF his
appointment, unless sooner removed. lit
shall have general supervision of the high
ways and roads In his disiric; under the d.
shall, once In every three months. report to
them, In writing, the condition Of the Dad
and bridges In his district
MI. The superintendent of highway dis
tricts shall divide the highways I'm his dis
trlc!s into suitable sections or districts of not
less than two nor more than five miles each
and he shall appoint an Orersecr of Roads fnl
each of said esctiOnS or districts. lie shall al
so divide the persons liable to road duty tsce
Section XVII,) In his highway district into
convenient squads or COIN panicS, and assign
n squad or company, to each Orcrsecr OF d
sSc,hi11n or dls'e let I rdaG TnniIi as - fn tro ms sd pT rae
roads. He shall require the OvcrScer o
Ronds in his highway districts to call out tho
haetls assigned to their respective sections Of
districts and work the roads and repair ant
build bridges OF same, whenever he may
deem It necessary, after twelve hours notice
and shall require every road hand 10 brins
with him for use n hnc, mattork, spade, 0l
other tool. for work on the roid or bridges
He shall determine the number Of days FOL
each working, and the tools TO be brought by
oach road hand:. I'ori1cd, That not moro
than twcvcl days work are required OF any
one hand IN Il year. When the County Com
missioncrs, or any of them, give orders 10 tho
Superintendent Of higl, way districts 10 have
any work done In his district and lie ncglccts
to do the same. lie shall be deemed guilty OF
IL misdcmcan"r. and upon conviction nc
shall be fined not less than ten nor more than
fifty dollars; and the Ovcrsccr Of districts,
for reglecling TO call out their hands and
work the roads when required by the Snpe'
rintcndcnt of highway districts, shall be
deemed guilty Of u misdcmcanor, and upon
conviction he Shall be fined not less than
five nor more than twenty dollars When
highway districts tho Superlntcndents of tho
smac shall jointly divide the highway Into
suitable sections and appoint nm Overscer for
ench of said scctions; and they shall assign
tricts, or from, either district, such labOrcrs
and road hands MS may be necessary to work
the same. Each Superintendent of highway
districts shall cause his Overseer, when work
Ing sections In which there are bridges, to
have such repairs or work donc on such
bridges to preserve them md keep them In
good order Us can conveniently be done by
the road hands. And In case the needed re-
pairs TO bridges are OF such n character that
they should. In the opinion Of tho Supertn'
tcndcnt. be given ont under contract by tho
County Commissions, lie shall report the
sage to said C norsnn Tioh,n ~ ~ rna% d a.tay Yes
Section XVID who shall nave been duly
warned twelve hours before the day fixed
hour and place OF working, shall be subject
TO the direction Of the Uvcrseer In charge. II
any person OF the legal aye shall neglect to
appear, or shall refuse TO work upon the high,
according to the direction OF the 0rcrsccr, lie
shall be deemed guilty Of n mlsdcmcanor,
and upon conviction thereof shall be fined or
imprisoned.
XIV. On any extraordinary occasion when
any highway shall be suddenly Obstructtd by
storm or otherwise. so as to require immedi.
ate labor to remove such obstruction 1t shall
be the duty OF the OverSccr In whose district
such OBSTRUCTION occurs to proceed forthwilh
to have such obstruction removed. and for
this purpose shall summon to his aid q sur
ficient number of workmch to open and re.
pair such highway. If any person shall, IN
required by law for the year, he shall be paid
for any such overplns at the rate of one dol
lar per day by the County Commissioners
upon theccrtiiicate Of The Ovcrsccr showing
that such overplus OF labor was performed.
II, on anv such extraordinary OCCASION, the
Oversetr shall, for the space OF Il day after np'
pllcatlon made to him for such purpose by
auy citizen residing In his district. neglect to
call out q sufficient number of persons 10
speedily open and repair such highway, Inc
shall forfeit and pay To the Treasurer OF this
county. to bs expended In the repair OF high
ways when aid where necessary in his dis
trict, the sum OF SIS, unless the OverSccI
shall show sufficient reason for such neglect,
II on any such extraordinary occasion any
person liable to road duty. after being SUM
inoncd for the purpose of removing sun ODD.
.t..- -. Ina. I., tI.. ~ Las Nr f1h tEarSsp ctn
neglect to turn out and assist In opening and
repairing such highway, he shall hc deemed
guilty OF II miStcmcanOr. and upon cnnric'
tIon thereof, Shall be fined thee dollars per
XIV. Any person who shall receive bodily
injury or damage In his person or property
through q defect In the repair of ~ highway,
! cauScway or bridge, may recover In an action
against the county the amount OF damage
fixed by the finding of n jury, If such defect
In any road, causeway or bridge, existed be
fore sucl. injury or damage occurred, sucll
damages Shalt not be recovered by the person
so injured, If his load exceeded the ordinary
XVI. The County commissioners shall au'
thOriZc the OvcrSccr0f any district tO allow a
man working one day and also furnishing Il
horse, pillow or cart. two days labor; and on
working himself for one day, and furnishing
u wagon and two horses, mules or oxen three
days labor.
XVII. All nblc.bodicd male persons be:
| NV ctu lIStSCSo w ! thiN ~ 'N"'' t''
he liable annually To work Oh the pubic high.
ways and roads not less than three, nor more
thar twelve days, under the direction of the
OverSpcr OF the district In which they may re-
side. In warning men to work upon the pub
lie roads, the OverSrCr shall make out Il list for
| the warner. requiring him to give notice To
each person the kind of tool he shall use In
working upon the highways and roads. And
1t shall Dc the duty of any employer TO fnr'
niSh to the 0versecr II list containing the
names Of all persons IN his employment LA
ble to road duty, whenever the same shall bc
required OF him by said Overscer, and upon
failure to comply with such demand. he sl:nll
| DC deemed guilty OF n misdcmranOr, and upon
conviction thereof be fined or imprisoned.
XVIII. All Members Of State and County
Boards Of Examiners and School Trustees,
Members of the Boards of Assessors for The
assessment of real estate for taxation, teach.
crs and students of SchOUlS and colleges, and
Ministers Of the Gospel, MiilcrS engaged IN
grist or merchant mills that are kept ul'cn six
days In each week, guards, keepers, employ
crs and other officers OF Lunalic A>yiunnS.
and the warnc for five days, shall be exempt
Tom road duty.
XIX. II any person, having been notified
or warned as heretofore provided, shall pay To
The County Treasurer of the county In which
he may reside the sum 0t one dollar for each
days work required. the same shall be rcqiir-
ell, the same shall DC received in lieu OF such