Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-05-15


seers and laborers upon the public highways
under control of overseers, at such compensa-
tion as the board may determine, except as to
the county of Fairfield. Communication taxes
and such other funds as may be applicable 10
highways may be used in payment for such
work.
Section IL. That each and every overseer
who shall neglect or refuse to perform the sew
eral duties enjoined on him by this act, or who
shall, under any pretense whatever, give or
sign any receipt or certificate purporting TO be
q receipt or certificate for labor in work per-
formed or money paid, unless the labor snail
have been performed or money paid prior 10
the giving or signing Of such receipt or certifi-
cate, shall forfeit for every such offense not
less than sl0 nor more than $50, to be recovered
by an action before any magistrate OF the
county; and 1t Is hereby made the duty OF
the township board Of commissioners TO
prosecute all offenses against the provisions
Of this section. Provided, That If any over
seer conceives himself aggrieved by the judg-
ment Of such magistrate, he may, on giving
sufficient security in double the sum OF the
judgment found against the party offending,
to said magistrate for the payment of the cost,
appeal to the court Of common pleas, which
shall make such order therein as to II may
appear just and reasonable.
Section IL. That II shall be unlawful for any
overseer to perform or cause labor TO be per-
formed on any road not regularly laid out
and established by law.
Section ls. That anytime during the year,
when any public highway shall be obstructed,
1t shall be the duty Of the overseer of the dis
trict In which the same may be, forthwith TO
cause such obstruction to be removed. for
which purpose he shall Immediately order
out such persons liable to do work upon the
public highways Of his road district, as he
may deem necessary to remove said oostruc-
tions. If the person or persons thus called out
shall have performed their four days labor
upon the public highways, the overseer shall
give to such person or persons certificate for
the amount OF labor performed, and said GER
tificate shall apply on the labor that may be
due for such person or persons, for the ensu-
ing year.
Section 10. That II any person or persons,
corporations, or any conductor Of any train OF
railroad cars, or any other agent or servant OF
any railroad company, shall obstruct unnec-
essariy any public road or highway by per-
mitting any railroad car or cars or locomotive
to remain upon or across any street, public
road or highway for q longer period than f1ve
minutes, after notice to remove said cars has
been given to conductor, engineer, agent or
such other person in charge of said train, or
shall permit any timber, wood or other OBJ
structions to remain upon or across any SUCH
street, road or highway, to the hindrance or
Inconvenience Of travellers, or any person or
persons passing along or upon such street,
road or highway, every person or corporation
so offending shall forfeit and pay for every
such offense any sum not exceeding twenty
norless than five dollars, and shall be liable
for all damages arising to any person from
such obstruction or injury to such road or
highway, to be recovered by m action at the
suit of the township board OF commissioners
in which such offense shall have been COM
mitted, or any person suing for the same, be-
fore any magistrate within the county where
such offense shall have been committed, or by
Indictment in the court Of general sessions
or suit In the court of common pleas. And
all fines so accruing under the provisions OF
this section, when collected, shall be paid
over by the magistrate to the county treasurer
for the district in which such offense was conf
mltted. And every twenty-four hours such
corporation, person or persons, as aforesaid,
after being notified, shall suffer such obstruc-
tions, to the hindrance or Inconvenience OF
travellers or any person going along or upon
such road or highway, shall be deemed an ad-
ditional offense against the provisions OF this
act.
Section 20. That every railroad company or
other corporation, the servant or servants,
agent or agents, employee or employees, or
which shall in any manner obstruct any
street, public road or highway, shall be liable
to pay all fines which may be assessed against
such servant or servants, agent or agents, en-
ployee or employees, for so obstructing any
such street public road or highway, and such
liability as may be enforced by execution
against said railroad company or other corpO-
ration on the Judgment rendered against such
servant or servants, agent or agents, employee
or employees, for so obstructlng such street,
public road or highway.
Section q. It shall be unlawful forany rail-
road company to obstruct the drainage OF any
public road or highway by its roadbed or 9TH
erwise, or empty the water from its bitches
into any public road or highway, to the Injury
of said highway; and If any railroad COM
pany, being warned by the overseer Of the
proper district by leaving written notice
with any agent, or informing any station
agent Of said railroad company personally,
shall refuse or neglect to remedy the same to
the acceptance of the oversecr, shall forfeitand
pay any sum not exceeding so nor less than
so to be recovered by an action ut the suit OF
the township board of commissioners before
any magistrate; and every ten days such
railroad company, after being notified. shall
neglect or refuse to remedy such offense,
shall be deemed an additional otfense against
the provisions of this act; and the money SO
collected shall be paid by the magistrate so
collecting TO the county treasurer, and the
money so paid over shall become part OF
the county road fund.
Section %. It shall be the further duty OF
such overseer to cause each railroad company
to construct and keep in good repair the road
bed OF all public roads across the roadbed OF
said railroad company; and If any railroad
company, being duly warned by the overseer
of the proper district, by leaving written
notice with any station agent, or by informing
any station agent of said railroad company
shall neglect or refuse to construct
or repair such roadbed TO the acceptance the
overseer, shall forfeit any sum not exceeding
$50 nor less than $50, to be recovered by an
action at the suit Of the township board Oh
before Il magistrate OF the
county, and the money so collected shall be
paid by the magistrate collecting to the county
treasurer, and the money SO paid over shall
become part of the county road fund; ana
every five days such railroad company, after
~, III, pntifInd sbnll npplpct refuse to