The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-04-21
THE ROAD WS.
Powers and Duties Of County Commissioners Over
the Public Highways.

Article Section 10 of the Constitution of South Carolina
gives the County Commissioners jurisdiction High
ways, Roads and Bridges.
SEC GIL Subdivision g. OF the Revised Statutes adopt
ed by the General Assembly, The County Commissioners
shall have power to appoint Special Commissioners to lay
out public highways in those cases where they shall be salts
fed that the road applied for important and notice is Civ
en- to the land owners through whose lands the highways
will pass.
SEC. GIL. Subdivision TO- Also, to appoint superin-
cndent of highways for each highway district each town
ship being highway district.
SEC GS. The County Commissioners shall take charge of
and superntend the repair of the highways in the County,
the bridges shall be repaired under their supervision, and
the expense Of the shall be paid out of the money in
the Treasury raised and appropriated for this pupose and
all the work bridges, given out by the County Commits
sioner when the amount shall exceed thes sum Of hun
dred dollars, shall be done by contracts and the County
Commissioners hereby required to advertise the same in
least of the papers of the County; said proposal ha
in all cases. be accompanied by two sufficient
es and the County Commissioners shall have the right to
reject any or all bids if in their judgment the interest of the
County require.
SEC 62O The County Commissioners shall have power
provide for the payment Of the Special Commissioners a
pointed as aforesaid for their time and expenses at rate
not exceeding three dollars per day each and five cents for
each mile of necessary travel The decisions made by the
Special Commissioners may be appealed from and reviewed
in the same manner and with like authority, as is allowed
by law from the acts of the County Commissioners. The
work to be laid out by such Special Commissioners the
same as settled on appeal shall be recorded opened and
worked public highways of the towns Cities Counties
in which they respectively situated in the
other highways of the town. city, Or County, are requr
ed by law to be recorded, opened and worked Provided
This power to open highways shall not be exercised IN
any incorporated city, town, or village
SEC 1910. 1t shall be the duty Of the County Commits
sones of the County in which any part of the high road
may have been shall be diverted from its original course
unless by authority of law information of any two per-
sons suit against any person or persons who
may have altered shall hereafter alter the road without
authority in order to compel the parties offending, soon
may be- to restore at their expense the high road in
its course, as established by law.
SEC lO71. The Board of County Commissioners in each
and every County shall have power to discontinue any road
now established or hereafter to be established by law after
three months public notice has been given, by ADVERTISE
1nen in the settlement through which the road proposed to
be discontinued passes Provided That objection shall be
made thereto But in case any objection should be made to
the closing up discontnung of the said road then the
same shall be kept open and repaired until discontinued
cording to law.
SEC 1872 The Boards Of County Commissioners Of the
several Counties in the State are hereby authorized ap
ction to them for the purpose to allow the erection of
gates upon the highways of the State wherever in their
Judgment the same may be eXpcent and not detrimental
to the public interest," subeng the person persons own
ing or erecting such gates nevertheless, to punishment If
they fail to keep them in order.
SEC 1878 If any person shall wully cut destroy any
gate which may be put by the authority of the Commits
siones pursuance Of the foregoing Section whilst the same
iskept good orer such person shall pay penalty of wen-
dollars to be recovered action at the suit of the Cou-
ty before Trial Justice And if any person shall Wuly
leave open any gate aforesaid such person shall be liable
to pay like penalty, to be recovered as aforesaid
SEC 1914. If any person shall wfully and malciously
Destroy injure or in any hurt damage, IMPAIR
obstruc any of the public highways any part thereof
any BRIDGE culvert dran ditch caseway, embanlment,
WALL toll gate toll house, other erection belonging there
to- any part thereof the person offending shal upon
conviction thereof be imprisoned not more than SIX months
or pay fine exceeding five hundred dollars, or both at
the discretion of the Court before which the conviction shall
take place. and shall be further liable to pay all the expense
Iof repairing the same.
SEC 1919 If any person shall any obstruction to be
placed in any part of the said highways any bridge
cscway thereof to obstruct render dangerous or
difficult the passage Of carriages other travelling thereon
and shall not Immediately remove the same when required
he shall be deemed guilty of nuisance and conviction
thereof before Trial Justice shall be fined in not ex-
ceedng ten dollars less than two dollars and shall be fur
her liable for the expenses removing the said nuisance
SEC 1876 In the event the coporaors of any incorpor-
aed town or village in this State refuse neglect to appoint
and organize the officers required by their Act of ncorpor-
tion or refuse or neglect carry out in good ~ the obi
cations imposed by their Act Of Incorporation in regard to
roads Streets the County Commissioners, in whose Coun-
ty such village other Incorporated body shall be
located shall be authorized and required to take charge of
all such roads and Streets together with all such road hands
las NAV reside within the limits Of such incorporation and