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


ship records, and also to furnish each overseer
with 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
of appointment, and who shall receive such
compensation as the county board Of commits
sioners may fix. Such overseer shall not be
compelled to serve more than one term and
each overseer who refuses 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 commissioners before the near
est magistrate. Money so collected shall go
into the road fund Of the county, and be cred
tied to the road district from which 1t was
collected. That when any vacancy shall
occur in the office Of operseer by death, resig-
nation 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
appoint some suitable person liable to road
duty on his road as q warner, and such person
shall be exempt from road duty for the time
he acts as warner.
Section 8. The roadbed shall be not less
than l6 nor more than 20 feet wide, exclusive
of bitches, roots and runners, unless so Or
dered by the county board Of commissioners.
The county board of commissioners of the
several counties of the State are hereby au-
thorlzed and empowered to change the loca-
ton of any of the public roads in any of the
of tofa
ment 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 con-
denim abandoned bridge and ferry sites, and
assess damages therefor Us herein provided :
Provided. that the county board OF commits
sioners shall grant the persons owning the
land where such alteration is to be made, and
interested 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 alte alton, 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
O 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 wherever practicable. The said commits
sioners 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 req uiring 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 inten-
ton to establish such right of way, naming In
such notice person who will act as referee
for them in the location thereof, and such
owner or owners shall, within ten days there
after, appoint O referee for the same purpose.
The referees so appointed shall, within ten
days thereafter, meet at some convenient
place and appoint third referee, and the
three referees so appointed shall constitute n
board of referees for the location Of such high
way and to determine the compensation ana
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 q jury, and the Judgment SO
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 forth In this act shall be so
established as to run within so yards Of
dwelling house without the consent OF the
owner of said dwelling, and 1t shall be the
duty of each and every overseer to work the
roads under his charge thoroughly as he goes,
arching the same to centre, with drain on each
side to convey the water, and when necessary
to protect such drains from washing, by plac-
in stone, gravel or other substance. When
ever 1t is necessary to convey water to or pro-
vide for it to cross any road, he shall have the
drains across such roads laid in stone, gravel,
or other hard substance, and of such width as
to afford an easy crossing where bridge may
not be necessary, and he shall protect the
roads by suitable drains from interference by
cultivation or otherwise; to open 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 to be kept in repair, and remove or
cause to be removed all distractions that may
from time to time be found therein; for which
purpose the supervisors are hereby authorized
to enter upon any uncultivated lands or I'M
proved lands unencumbered by crops near TO
or adjoining such roads, to cut and carry away
timber, except trees or groves on improved
lands planted or left for ornament or shade; ;
and to dig or cause so be dug ana carried
away any earth, gravel, sand, or stone which
may be necessary to make, improve or repair
said road, for which compen sation shall be
made, and to enter on any laLds adjoining or
lying near the road, to make such drains or
bitches through the same rs he may deem
necessary for the benefit of the roads, doing as
little injury to said lands and Improvements
thereon and timber as the nature of the case
and the public good will permit and the drains
and bitches so made shall be kept open by
such overseers, 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 forfeiting sum
not exceeding $40, or imprisonment for not
less than l5 nor more than 30 days for each
and every offence to be sued for by the over
seer, 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 1t was collected.
Section !. That all ablebodied male per-
sons and all male persons able to perform, or
cause to be performed, the labor herein re-
quired. between the ages Of Is and 30 years,
except in Horny and Spartanburg counties,
where the ages shall be from q to 30, and also
except ministers of the Gospel in actual charge
of congregation, and persons permanently
disabled in the military service OF this State,
and persons who served in the late war, shall
be liable annually to do and perform four days
labor on the highways under the direction Of