The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-04-29
THE ROAD LAW.
FULL TEXT OF A VERY IMPORTAN T
AcTOF THeLEGlSLATURe.


County, and Then Cut Out and Preserve
Bscause of the widespread interest
which is felt in the new road law, and
to correct any misapprehensions as to
the terms of the existing law by which
the county commissioners and
the public must be governed, the law
is herewith published for public infor'
nation. H.
An act to amend an act entitled AN
act to proTide a system OF county
government for the sev eral counties
of this State, so far as it relates to
the working and maintaining the
roads and highways in this State. /"
Section 1. Be it enacted by the gen.
eral assembly of the State OF South
Carolina, That all roads, highways
and ferries that have been lad OUT or
appointed by virtue of an act OF Inc
general assembly, or any. order OF
court, or by an order OF the county
board of commissioners, are hereby de-
clared to be public roads and ferries,
and the townships boards OF com
missioners in each township, together
with the county supervisor, shall have
the supervision and control OF the pub
lie roads in their respective townships :;
thew are hereby incorporated, and the
township board of commissioners OF
such township shall be their corporate
name. They shall have the right to
sue and be sued, plead and be implead-
Ell, in any of the courts OF this State.
The township board OF commissioners
and county board of commissioners,
as hereafter set forth in this chapter,
shall have full power and authority to
order the laying out and repairing OF
public roads where necessary, to ap-
point where bridges and ferries or
fords shall be made, to discontinue
such roads, bridges and ferries as shall
be found useless, ard so alter roads so
as to make them more useful. .
Sec. 2. That the township board OF
commissioners of the several town
ships or each county, subject to the
approval of the county board OF
commissioners or the supervisor of the
county. shall, on the first Tuesday of
April next. or within four weeks there
after, divide their respective townships
into suitable road districts, and make
a record thereof in a book kept for
that purpose, and annually thereafter
may make such alterations therein as
thew NAV deem proper, and cause a
h.:sf doscr;ntion thereof to be made on
the township records, and also to fur
nish each overseer with description
of his road district. The township
board of commissioners OF each town
ship, at their annual meeting, and an
nuaily thereafter, shall elect
from the qualified electors
of their townships, liable to road
duty, one overseer for each road dis
trict whose term of Office shall be two
years from the date of appointment,
and who shall receive such compensa'
tion as the courty board of commits.
sioners may fix. Such overseer shall
not be compelled to serve more than
one term; ard each overseer who re-
fuses or neglects to qualify and serve
shall forfeit and pay the sum of ten
dollars and costs, or be sentenced to
the county chaingang, suit to be
brought by the township commission
ers before the nearest magistrate.
Money so collected shall 60 into the
road fund of the county, and be cred
tied to the road district from which 1t
was collected. That when any vacan-
cy shall occur in the Office of overseer
by death, resignation or otherwise,
the towns hip board of commissioners
wherein such vacancy occurs shall ap-
point some suitable person to fill the
vacancy: Provided, That such over.
seer may appoint some suitable person
liable to road duty on his road warn
er, ard such person shall be exempt
from road duty for the time he acts as
warner.
Sec. 8. The roadbed shall be not less
than Is nor more than 20 feet wide,
exclusive of bitches, roots and runners,
unless so ordered by the county board
of commissioners. The county board
of commissioners of the several coun-
ties of the State are hereby authorized
and empowered to change the location
of any of the public roads in any OF
the counties. of this State, where In
their Judgment steep hills and rough
places in said roads can be avoided by
so doing. and where such change
would be to the material interest of the
travelling public, and in like manner
condemn Abandoned bridge and sites,
and assess damages therefor as herein
provided: Provided, that the county
board of commissioners shall grant
the persons owning the land where
such alteration is to be made, and in
terested in such change or alteration,
notice of the day on which the matter
of the change or alteration of such
road shall be considered. Such person
shall have the right to be heard for or
against such change or alteration, and
offer testimony for or against the
same. For the. purpose of relocating
such roads they shall have the power
to call to their assistance surveyor,
who shall survey and lay off such
roads under their direction, so the
grade shall not exceed seven and
a-half inches to the rod W herever prac-
ticable. The said commissioners shall
have the power to condemn the land
so laid off. If the owner or owners
of such land, shall signify his or their
refusal to the opening of highway
through such lands without previous
compensation, the county board of
commissioners requiring such right of
way shall give ten days notice in