The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1889-02-13
AUTHORIZED MOB law.
HAS THE LANDOWNER NO RIaHTs WHICH
MUST BE RESPECTED
The Manner in Which the Citizen
May be Harrassed and Deprived
OF Their Property at the Will and
Caprice or His NeighbOrs ..- The
County Commissioners to be the
Instrument OF Oppression.


SECTION !. Be 1t enacted, etc. That Section
1188 OF the General Statutes, as amended by
an Act entitled IAN Act TO amend Section
Eleven Hundred and Eighty. three Qls8) OF
the General Statutes relating to the gs drainage
December 2lst, 1882, be, and the same Is here
by, amended, so as TO read as follows:
SECTION llS3. The County Commissioners
OF Abbeville, York, Coleton, Greenville,
spartanburg, Beaufort, Marion, Darlington
and Chester counties. respectively, are au-
thorized, in addition TO the duties now inn
posed on them by law, to act as Commission
ers of Health and Drainage, and are empow-
cred as such Commissioners OF Health and
Drainage, to act as follows. to wit:
In all cases where a land owner desiring to
drain his land Is refused necessary outlet
Commissioners are hereby empowered TO hear
the case on petition and personal service, and
to decide and fix either compensation on the
decision in such cases shall have the force of
q legal Judgment. In cases where one-third
Of the land owners upon any water course for
distance Of not less than five miles up and
down the stream OF said county, or, when the
water course Is less than five miles In length,
then when one-third of the citizens along the
entire length OF said stream shall desire, to
drain the lands upon such water M course, tne
personal service and the testimony OF one or
more competent engineers, be empowered TO
make contracts for such drainage and impose
critics benefited by the same, and the said as
sessments shall have the force OF q legal judg-.
ment: Provided, That in both the above
grieved by the decision or action Of the Coun-
ty Commissioners In the premises, 1t shall be
lawful for him to appeal TO the Judge OF the
Circuit Court at the term Of the Court next en-
suing, whose decision In the matter shall be
nnal. In cases where the general health Of
the county Is seriously affected BY the condi-
ton OF any water course, the County Com.
missioners shall, upon petition and PROOF OF
at least one-third OF the land owners upon
such water course, or OF one.third OF the land
o owners within two miles OH either slde OF
such water course, and not less than fve.
miles up and down ahe str stream 1 which ps0of
one OF whom shall practice Ia the neighbor-
hood, make an estimate OF the cost and pro-
ceed to drain such water course as In cases
That, II in the opinion OF the County Com-
missioners, the cost OF such drainage imposes
too heavy an assessment upon the individual
and owners upon such water course, they
and opinion to the Judge Of the Circuit Court
| at the next ensuing term thereof, and II he
approve OF such report and estimate, which
approval shall be In writing, the County Conn
missioners shall contract for such drainage,
and after levying fair assessment upon all
such property, they shall charge the surplus
Of the costs Of such drainage to the county. 10
be carried into their estimate for the county
j
where the general health Of the county or
neighborhood be seriously affected by the
condition Of any mill dam, the County Com
missioners of said county shall have the pow.
er to remove the cause OF such nuisance: !:
Provided, A fair compensation be paid 70 the
owner thereof, the same to be assessed Upon
the property Of those benefited by the remoy-
al OF such nuisance; and shall further regu.
late the condition OF all mill dams In said
county, by requiring the owners thereof to
| furnish such mill dams with substantial
| food-gate, II in their judgment the health Of
above the dam requires o hood-gate TO be
placed in the dam, 70 be opened at and kept
open for such times as the said County Conn
That in Darlington the powers herein con-
ferred shall apply to mill dams and ponds on.
lily: Provided, further, That this Act shall
not be construed to oust the Court OF General
Sessions Of Jurisdiction to abate any mill
pond as nuisance. ...
Approved Dec. ed, A. D. 1888. T.