Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1896-04-15
THE ROAD LAW.
A Matter About Which Every Citizen
Should Be Informed.


Because of the widespread interes
which is felt in the new road law, and t
correct any misapprehension as to tn
terms of the existing law by which tn
county commissioners and the publ
must he governed, the law is herewith
published for public information.
An act to amend an act entitled ian &C
to provide a system of county govern
ment for the several counties of thi
State, 80 far as it relates to the working
and maintaining the roads and high
ways in this State"
Section /. Be it enacted by the genera
assembly of the State of South Carolina
That all roads, highways and ferries tina
have been laid out or appointed by Vlrtu
of an act of the general assembly, or an.
order of court, or by an order of the count.
board of commissioners, are hereby de
clared to be public roads and ferries, ant
the townships boards of commissioners II
each township, together with the count!
supervisor, shall have the supervision ant
control of the public roads in their re
spective townships; they are hereby IN
corporated, and the township board o
commissioners of such township shall b.
their corporate name. They shall have tn
right to sue and be sued, plead and be i'm
pleaded, in any of the courts OF this State
The township board of commissioners
and county board of commissioners, a
hereafter set forth in this chapter, shall
have full power and authority to orde
the laying out and repairing OF puoll'
roads where necessary, to appoint wher'
bridges or ferries and fords shall be made
to discontinue such roads, bridges anc
ferries as shall be found useless, ana 81
alter roads so as 10 make them more
useful.
Sec. 2. That the township board of com
missioners of the several townships O.
each county subject to the approval of the
county board of commissioners or the su
pervisor or the county, shall, on the mrs
Tuesday of April next, or within foul
weeks thereafter, divide their respective
townships into suitable road districts, ano
make record thereof in book kept fol
that purpose, and annually thereafter may
make such alterations therein rs they may
deem proper, and cause brief description
thereof to be made on the township rec
ords, and also to furnish each overseel
with a description of his road district
The township board of commissioners OF
each township, at their annual meeting
and annually thereafter, shall elect from
the qualified electors of their townships
liable to road duty, one overseer for eact
road district, whose term OF office shal
be years from the date eofappointment
and who shall receive such compensatory
as the county board of commissioners may
fix. Such overseer shall not he compelleo
to serve more than one term and eacf
overseer who refuses or neglects to qualify
and serve shall forfeit and pay the sum O
ten dollars and costs, or be sentenced tt
the county chaingang, suit to be brough
by the township commissioners before TN
nearest magistrate. Money so collected
shall 90 into the road fund of the county
and be credited to the road district from
which it was collected. That when any
vacancy shall occur in the office of over
seer by death, resignation or otherwise
the township board Of commissioners
wherein such vacancy occurs shall appoint
some suitable person to fill the vacancy
Provided, That such overseer may appoin
some suitable person liable to road duty
on his road warner, and such person
shall be exempt from road duty for tht
time he acts as warner.
Sec. 8. The roadbed shall be not les
than l6 nor more than 20 feet wide, ex
elusive of bitches, roots and runners, un
less so ordered by the county board o
commissioners. The county board O
commissioners of the several counties o
the State are hereby authorized and em
powered to change the location Of any
the public roads in any of the counties
this State, where in their judgment steeI
hills and rough places in said roads car
be avoided by so doing, and where sucf
change would be to the material interes
of the travelling public, and in like man
ner condemn abandoned bridge and fer
ry sites, and assess damages therefor a.
herein provided: Provided, that th'
county board of commissioners shall gran
the persons owning the land where sucf
alteration is to be made, and interested
i'm such change or alteration. notice OF TIT
day on which the matter of the change ol
alteration of such road shall be consider
ed. Such person shall have the right u
be heard for or against such change or al
teration, and offer testimony for or agains
the same. For the purpose of relocating
such roads they shall have the power tt
call to their assistance surveyor, wht
shall survey and lay off such roads, unde
their direction, so the grade shall not eX
ceed seven and a-half inches to the roc
missioners shall have the power TO con
denim the land so laid off. If the owne
or owners of such land, shall signify hi
or their refusal to the opening of high
way through such lands without previous
compensation, the county board OF com
missiOners requiring such right OF way
shall give ten days notice in writing Il
the person or persons through whose
lands such right of way is required, o
their intention to establish such right o
way, naming in such notice person who
will act as referee for them in the !oca
ton thereof, such owner or owners shall
within ten days thereafter, appoint
referee for the same purpose. The reteret
so appointed shall, within ten days, there
after, meet at some convenient place anC
appoint a third referee, and the three
referees so appointed shall constitute
board Of referees for the location Of sucf
highway, and to determine the compen
satiOn and damages for the same. From
the decision of the board an appeal shal
be allowed to the circuit court for the
county in which said road is proposed t
be opened, where the trial shall be d.
novo before a jury, and the judgment 81
obtained shall be paid by the county
board of commissioners as other claims
against the county are paid: Provided
That no road be established as set fortl
in this act shall be so established as to rur
within so yards of dwelling house with
out the consent ofthe owner of said dwell
ing, and it shall be the duty of each ant
every overseer to work the roads unde
his charge thoroughly as he goes, archinl
the same to centre, with drain on eacl
side to convey the water, and when neces
sary to protect such drains from washing
by placing in stone gravel, or other sub
stance. Whenever it is necessary to con
vey water to or provide for it to cross an,
road, he shall have the drains across sucl
roads laid in stone, gravel, or other hare
substance, and of such width as to atfOrt
an easy crossing where a bridge may no
be necessary, and he shall protect tn
roads by suitable drains from interfer
ence by cultivation or otherwise to opel
or cause to be opened all public roads ant
highways which shall have been or ma.
hereafter be laid out and established il
his road disfrin the snma tn he kent il