Year: 1878




THE FENCE LAW.


The following is the text af the |
new Fence Law. It has passed |
both houses Of the Legislature: !


A Bill to Amend an Act entitled |


"An Act to Auth horize the Coun-


ty Commissioners to Submit to |


the Qualified Electors Of their


Several Counties Proposition


to Alter the Fence Laws and to


Provide for Efectuating the


Same" Approved June 7, 1877.


Be 1t enacted by the Senate and
House of Representatives Of the
State of South Carolina, now met
and sitting in General Assembly,
and by the authority of the same:


SECTION l. That in the several
Counties and townships of this
State where the electors have al
ready or shall hereafter vote to
adopt the provisions Of the above
entitled Act, commonly known as
the fence law, the boundary lines
of the lands of the inhabitants
within the territory so adopting
the same shall be deemed and
taken to be a lawful enclosure
thereof; and the owner or mana
ger Of any horse, mule, ass, genet
swine, sheep, goat or neat cattle
of any description who shall will
fully, knowingly and unlawfully
or negligently permit the said
animals, or any Of them, to 60 up
on the lands Of any owner or oc-
cupier situate in any such county
or township shall be deemed gull
ty of a misdemeanor, and, on con-
viction in any Court having COM
petent Jurisdiction, shall be fined
in a sum not exceeding thirty dol
lars, or imprisoned for not more
than thirty days, or both in the
discretion of the Court.


Sec. 2. That the owner or man
ager Of any Of the live stock
aforesaid, in addition to the pen
alties provided in the first Section
Of this Act, shall be liable to the
owner or occupier of any of the
lands situated as aforesaid for all
damages he or she may have sus-
tanned by the depredations Of any
such stock, to berecovered by action
ofdebt in any Court having compe-
tent Jurisdiction, and the stock
that caused the damage shall be
held liable to pay the same in
preference to all other liens, en-
cum brances or claims against the
same: Provided, That if the own
er or manager Of the stock shall
show to the satisfaction of the
Court that the damages were COM
mitted without fault or negligence
on bis or her part such showing
shall be held sufficient defense.


Sec. 3. That in the Counties Of
Anderson and Chester, where a
majority of the townships have
adopted or shall hereafter adopt
the provisions Of the fence law, it
shall be lawful for the county
Commissioners to erect fences on
the county lines, instead Of on the
lines Of townships, and for that
purpose they are invested with all
the powers conferred on them in |
cases where the entire county
shall have adopted the said fence
law.


SEC. 4. That it shall be the |
df the county Commissioners
to erect substantial and con-
venient gates in said fence at
the crossing of all public high
ways and neighborhood roads, and |
when the inhabitants, or any Of
them, shall desire a crossing on
their own lands they shall be per-
mitted to erect and keep up such
gates at their own expense and |
any person VINO shall willfully |
and unlawfully leave open any Of
the said gates or do any willful
damage to the gates or fences
erected for the purposes aforesaid
shall be deemed guilty of a misde-
meanor, and: on conviction in any
Court having competent jurisdic-
ton, shall be fined in a sum not