Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-05-15
Law AS TO ROADS.
How Highways Are to be
Worked and by Whom.
ACT OF 1896 AS AMENDED IN 1897.
Full Information for the People
Upon a Very Important Sub
iect So Worded as to be
Easily Understood.

Prepared for The Enquirer by ]. s. Brice, Esq.
Under the statutes. Of South Carolina, all
matters relating to roads and bridges are un-
der the supervision Of county and township
boards Of commissioners. The township
boards of commissioners each consist Of
three members appointed by the govern
or. The county board Of commissioners
consists Of the chairmen OF the respective
township boards, together with the super
visor, elected by popular vote, and by
virtue Of his Office, chairman. The authority
of township boards. Of commissioners is gen.
orally such as may be delegated by the super
visor and county board. The basis OF the
present road law is to be found on pa g 4sl OF
volume XXI Of the statutes at large. :he pro-
visions herein contained, together wit 4 suose-
quent amendments up to February 2', 1897,
constitute the law as it now stands. and as 1t
is set forth in the following:
MISCELLANEOUS PROVISIONS.
The following important miscellaneous pro-
visions bearing upon the subje.- - '"oads, are
synopsized from the statutes at large. and are
in addition to the general road law:
Roads leading directly from any part Of the
state to Charleston, Georgetown, Columbia,
Camden, Hamburg or Cheraw, must be thirty
feet wide Other roadbeds are required TO be
not less than sixteen nor m ore than twenty
feet wide exclusive Of bitches.
Gates may be erected across private high :
ways at the pleasure Of the owners Of lands
through which such highways pass; but no
gate must be erected across public highway
except by the permission Of the county board
Of commissioners.
To cut, destroy, or wilfully leave open gate
authorized by the county board OF commits
sioners, is punishable by penalty OF twenty
dollars, to be recovered by action brought by
the county before magistrate.
Gates across public highways must be at
least nine feet between posts and be so con-
structed that they will adjust themselves IN
closing. There must bea hitching post at con-
venient distance on either side OF such gates.
Those who maintain gates without complying
with these requirements shall,upon conVlctlon'
be liable to a fine Of not less than twenty-five
dollars or imprisonment In the county jail
for not exceeding twenty DAYS.
For purposes Of drainage, any person has the
right to cut ditch or canal across any public
highway, provided he will bridge such ditch
or canal, under the direction of the county SUI
pervisor, and keep such bridge In repair for
one year. After one year the county supervl-
sor is required to take charge of such canals
and bridges, etc.. and keep them In ord er.
Persons who shall wilfully obstruct any pub
lie highway or bridge and refuse to remove
such obstruction when required to do so,
shall. upon conviction before magistrate. be
fined not less than two dollars or more than
ten dollars.
No highway must be diverted from its es-
tablished course except upon the authority OF
the county board Of commissioners. lnd1Vid-
uals changing the course Of highway with
out proper authority, shall, upon information
furnished by two citizens, be compelled, by
suit instituted by the county board of conf
missioners. to change such highway back to
its original place.
Any person who shall cut down or kill any
shade tree left by the supervisor for shade
purposes, within ten feet of public road,
shall be liable to fine of twenty-five dollars
for each shade tree so cut down or killed.
County board of commissioners cannot con-
slider the question of opening new road, en-
cept upon the petition Of at least twenty free
holders, interested therein.
EXCEPT in cases where objection is made, the
county board Of commissioners may discon-
tinue the use Of any road after advertising
their intention so to do for period of three
months.
In cases where the corporators Of town or
village neglect or refuse to properly look AFTER
the roads Of such town or village, the county
board of commissioners will assume jurisdic-
ton over such roads the same as II such town
or village had not been incorpora ted.
fn nnt1
mile posts t. be placed and main tanned on all
public roads, and at each fork Of such roads to
erect pointers declaring the direction of the
forks. Neglect Of this requirement Is punish
able by penalty of ten dollars, to be recover
ed by indictment in the court of general seS-
sions. Persons convicted of defaclng or de-
stroying such mile posts or pointers, are la
BILE to q fine of ten dollars for each offense.
The only persons otherwise liable to road
duty who are exempt from the provisions OF
this act, are those especially mentioned herein.
Although under the public school act, schoo
trustees are especially exempted from road
duty. the exemption does not hold for the rea-
son that 1t has been nullified by the repeating
clause of the act herein approved at subse-
quent date.
TO WORK THE ROADS.
Following Is the act of March q, 1896, to-
pether with the amendments is approved Feb
ruary 25, 1887.
Section |. That oil roads, highways and fer
ries that have been laid out or appointed by vir-
tue of an act of the general assembly, or any Or
der of court, or by an order OF the county board
of commissioners, are hereby declared to be
public roais and ferries, AMI the township
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 to sue and be sued, plead and be i'm
p,eldei, in any of the courts of this State
The township board ofcom mnisSiOnerSa and the
county board of commissioners, as hereafter
set forth in this chapter, shall have full power
und authority to order the laying on: and re =
pairing of public roads where necessary, to
a p,int wh,re b:idSeS or ferries AM foris
shall b, IN lie, to discontinue such roads +,
bridges and ferries aS shall be found useless,
and to alter roads Sd aS to like them mDrc
usefu |.
Section = That the township board of COM
missioncrs of the several townships of each
county, subject to the approval of the county
mi, ,inn Or hn M