Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-03-10
AMENDED DRAINAGE LAW

ed by the association, and Fort Mill
was chosen.
AMENDED DRAINAGE LAW
Under the general drainage law as
amended at the recent session Of the
general assembly, the clerk OF the
court in any county in South Carolina
has authority to form drainage dis
trict whenever desired by a majority
of the persons interested. Following
are the sections Of the amended drain
age law that are Of special interest
in York county:
Section 2197. Whenever petition
signed by a majority Of the resident
landowners in a proposed drainage
district, or by the owners OF more
than half the land in acreage, which
will be affected by or assessed for the
expense of the proposed improve.
ments shall be filed in the office OF
the clerk of the court Of common
pleas Of any county in which part
of said lands are located setting forth
that any specific body or district or
land in the county and adjoining
counties described in such way as to
convey an intelligent idea as to loca-
ton Of such land, Is subject to over.
flow or too wet for cultivation, and
the public benefit or utility, or the pub.
lie health, convenience or welfare WIN
be promoted by draining, ditching or
leyeeing the same, or by changing or
improving the natural watercourses,
or by installing Of tile systems, and
setting forth therein, as far as practi-
cable, the starting point, route and
terminus and lateral branches, II nee
essary, Of the proposed improvement,
And there Is filed Herewith a bond Tor
the amount of $50 per mile for each
mile of the proposed Improvement,
signed by two or more authorities, or
by some lawful and authorized surety
company, to be approved by the clerk
Of said court OF common pleas, condi-
toned for payment Of all expenses
and costs incurred in the proceedings
in case the clerk Of court does not
grant the prayer Of said petition. The
said clerk shall issue a summons to
be served on all the landowners, who
have not Joined in the petition, and
whose lands are included In the pro-
posed drainage district. Upon the re-
turn day the said clerk shall appoint
disinterested and competent civil and
drainage engineer and two resident
freeholders Of the county or counties
in which said lands are located as
board Of viewers, to examine the
lands described in the petition and
make a preliminary report thereon,
and the compensation for the services
of such engineer and his necessary as
sistants to be fixed as herein provided,
shall be paid from the bond filed with
the petition.
when the lands proposed to be
drained and created into a drainage
district are located in two or more
counties, the clerk Of court OF the
common pleas Of either county shall
have and exercise Jurisdiction herein
conferred, and the venue shall be In
that county in which the petition Is
first filed. The law and rules OF the
civil code shall be applicable for this
act so far as may be practicable. The
summons may be served by pubIca-
ton as to any defendants who can not
personally serve as provided by law.
The services of such notice upon the
station agent Of any railroad, interur-
ban or other companies in any county
in which the right Of way Of such
company will be affected by such
drainage, will be sufficient notice to
such railroad or other company, ana
in case there be no agent Of such COM
pany in such county, such company
shall be notified in the same manner
as nonresident land owners.
Sec. 2199. The clerk Of court as
aforesaid shall consider this report. II
the viewers report that the drainage
is not practicable or that it will not
benefit the public health or any public
highway or be conducive to the gener-
al welfare Of the community and the
clerk Of court shall approve such find
ings, the petition shall be dismissed at
the cost of the petitioners. Such pc
tition or proceedings may again be in
stituted by the same or additional land
owners at any time after six months
upon proper allegations that condi:
tions have changed or that material
facts were omitted or overlooked. II
the viewers report that the drainage Is
practicable and that 1t will benefit the
public health or any public highway or
be conducive to the general welfare OF
the community and the clerk Of court
shall so find, then said clerk shall fix a
day when the report will be further
heard and considered.
Sec. 2214. After the said drainage
district shall have been declared es-
tablished, as aforesaid and the survey
and plan therefor approved, the clerk
Of court shall appoint three persons,
drainage commissioners. Such drain
age commissioners shall first be elect
ed by the owners Of the land within the
drainage or levee district, or by a ma
jority Of same in such manner as the
clerk of court shall prescribe. The
clerk of court shall appoint those re-
ceiying a majority Of the votes. II
any one or more Of such proposed
commissioners shall not receive the
vote Of the majority Of such land own.
ers, the clerk Of court shall appoint all
or the remainder from among those
voted for in the election, and in the
order Of those receiving the greatest
number of votes. The drainage COM
missioners shall receive compensation
for their work at the rate Of SO per
day for the days that they work. Any
vacancy thereafter occurring shall be
filled in like manner. Such three
drainage commissioners, when so ap-
pointed, shall be Immediately created a
body corporate under the name and
style of the board Of drainage commits
sioners Of -- districts with the
right to hold property and convey the
same, to sue and be sued, and shall
possess such other powers as usually
pertain to corporations. They shail
organize by electing from among their
number a chairman and a vice chair
man. They shall also elect secretary
either within or without body. The
treasurer Of the county in which the
proceedings were instituted shall be
ex-officio treasurer Of such drainage
commissioners. Such board Of drain
age shall adopt a seal, which they may
alter at pleasure. The board Of drain
age commissioners shall have and pos
sess such powers as are herein grant
ed. The name Of such drainage district
whether designated by number or 9TH
erwise, shall constitute part Of its
corporate names for illustration: The
board Of drainage commissioners Of
No. l or McClellanville district Pro-
vided that in Charleston county the
powers hereby vested in the clerk OF
the court by the provisions Of this act
shall be exercised and vested in the
sanitary and drainage commission Of
Charleston county in lieu Of the clerk
of the court Of said county"