The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-04-08
AN IMPORTANT LAW.
a Matter About which Every Citizen
should he Informed.


is felt in the new road law, and to
correct any msapprehension as TO the
terms Of the existing law by which the Coun'
ty Commissioners and the public must be
governed, the law is herewith published for
public information.
An Act TO amend an Act entitled IAN Act to
provide system OF County Govern ment loT
the several counties of This State, so lar as II
relates to the working and maintaining the
roads and highways in this STATE"
Section |. Be IL enacted by the General AS
sembly of the State OF South Carolina, That
all roads highways, and ferries that have
been laid out or appointeo ey virtue OF On Act
Court, or by an order OF the County Board OF
Com m ssioners, are hereby declared to be pub.
lie roads and ferries. and the Townships
Boards of Commissioners in each township,
together with the County Supervisor, shall
have the supervision and control of the pub.
lie roads In their respective townships they
are hereby incorporated, and the Township
Board OF Commissioners of such township
shall be their corporate name. They shall
have the right 10 sue and be sued, plead md
be implicated, In any Of the courts of this
State. The Township Board Of Com missioners
hereafter set forth In this chapter, shall have
full power and authority TO order the laying
out and repairing OF public roads where neces-
sary, 10 appoint where bridges or ferries and
lords shall be made, To dis continue snch roads.
bridges and ferries as shall be found useless,
and to alter roads so as to make them more
useful.
Sec 2. That the Township Board Of Com
misSioners of the several townships of each
county, subject 10 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 thereafter,
divide their respective townships into suit
able road districts, and make a record thereof
in book kept for that purpose, and annually
thereafter may make such alterations therein
as they may deem proper, and cause brief
description thereof to be made on the town.
ship records, and also to furnish each overseer
with a description of his road district. The
Township Board Of commissioners OF each
township at their annual meeting, and annu-
ally thereafter, shall elect from the qualified
electors of their townships liable to road duty
one overseer for each road district, whose
term of office shall be two years from the date
or appointment, and who shall receive such
compensation as the County Board OF Com
mlssloners may fix. Such overseer shall not
be compelled to serve more than one term ;
qualify and serve shall forfeit and pay the
sum OF ten dollars end costs, or be sentenced
to the county chain gang, suit TO be brought
by the Township Com missioners before the
nearest magistrate. Money so collected snall
60 into the road fund of The county. and be
credited to the road district from which 1t was
collected. That when any vacancy shall oc-
cur in the office OF overseer by death, resigna-
Commissioners wherein such vacancy occurs
shall appoint some suitable person to fill va
cancy: Provided, That such overseer may
appoint some suitable person liable 10 road
duty on his road warner, and such person
shall be exempt from road duty for the time
he acts as warner.
Sec. 8. The road bed shall be not less than
sixteen nor more than twenty feet wide, eX'
elusive OF bitches, roots and runners, unless
so ordered by the County Board OF Commits
sioners. The County Board of Com m issioners
OF the several counties OF the State are hereby
authorized and empowered to change the To-
cation OF any OF the public roads IN any OF
the counties of this State, where In their judg-
mentsteep 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 con,
demn abandoned bridge and ferry sites, and
assess damages therefor as herein provided: :
Provided. That the County Board OF Com Is.
sioners shall grant the persons owning the
land where such alteration IL to be made, and
interested in such change or alteration,
notice OF the day on which the mat
ter of the change or alteration OF such
road shall be considered. Such person snail
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 relo.
eating 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
practicable. The said commissioners shall
have the power to condemn the land so laid
of "1f the owner or owners OF sucn lanus
shall signify his or their refusal 10 the open
ing of a highway through such lanos Wltnout I
previous compensation, the County Board of
Com m ssioners requiring such right OF way
shall give ten days notice In writing TO the
person or persons through whose lands such
right Of way Is required, OF their intention 70
establish such right Of way, naming In such
notice a person who will act as referee ior
them In the location thereof, such owner or
owners shall, within ten days thereafter, ap-
point referee for the same purpose. me rel
cree so appointed shall, within ten days there
after, meet at some convenient place anu ap-
point third referee, and the three referees SO
appointed shall constitute Board OF Referees
for the location of such highway, and to de.
termine the compensation and damages for
the same. From the decision Of the board an
appeal shall be allowed to the Circuit Court
for the county in which said road Is proposed
TO be opened, where the trial shall be de novo
before Il jury, and the Judgment SO obtained
shall be paid by the County Board of Com
misSioners as other claims against the county
are paid" Provided. That no road be estab-
lshed as set forth In this Act shall be so es.
tablished as to run within fifty yards OF
dwelling house without the consent OF the
owner Of said dwelling; and 1t shall be the
duty OF each and every oyerseer TO work the
roads under his charge thoroughly as he goes,
arching the same TO CENTRE with drain on
essary to protect such drains from washing,
by placing in tonegravel, or other substance /;
whenever II Is necessary to convey water 10
or provide for 1t TO cross any road. he shall
have the drains across such road laid In stone,
gravel, or other hard substance, and OF such
width as 10 afford an easy crossing where
bridge may not be necessary, and ne snail pro-
lect the roads by suitable drains from inter-
or cause 10 be opened all public roads and
highways which shall have been or may
hereafter be laid out and established IN his
road district, the same 10 be Kept In repair.
and remove or cause to be removed al oo-
structions that may from time TO time be
found therein for which purpose the super
yisors are hereby authorized 10 enter upon
any uncultivated lands or Improved lands in-
encunbe bered by crops near TO or ADJOINING
such roads, TO cut and calry away tlmoer, ex-
cept trees or groves on improved lands plant
ed or left for ornament or shade; and TO dig
or cause TO be dug aud carried away any earth,
gravel, sand, or stone which may be necessary
10 make, improve, or repair said road, Tor
which compensation shallbe made, and 10 en-
ter on any lands adjoining or lying near the
road, to make such drains or bitches through
the same as he may deem necessary ior the
benefit OF the roads, doing as little injury 10
said lands and improvements thereon and
timber as the nature of the case and the pup.
lie good will permit; and the drains ana
bitches so made shall be kept open by such
oyerseerS, and shall not be Obstructed by the
owner or occupier Of such lands, or any other
person or persons having the same In charge,
under the penalty Of forfeitlng sum not eX.
ceeding ten dollars, or Imprisonment fo- not
less than fifteen nor more than thirty days for
each and every offence, to be sued for by the
overseer, and paid over when collected by The
magistrate before whom action is brought to
the County Treasurer. and applied TO the road
district from which IL was collected.
Sec. l. That all able-bodied male persons
and all male persons able to perform. or cause
TO be performed, the labor herein required,
between the ages Of eighteen and fifty years,
except ministers OF the Gospel In actual charge
OF u CONGREGATION, and persons permanently
disabled in the military service Of this State,
aud persons who served in the late war, shall
be liable annually TO do and perform four
days labor on the highways, under the direc-
tion of the overseer OF the road district In
which he shall reside and 1t shall require
ht hours OF actual work to constitute