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Gates may be placed on private

roais.

1855, XII.408,§1.

SEC. 8. It shall be lawful for any citizen of this State, over whose land any road may pass, other than a public highway, to Kich., 50; erect gates thereon, and the persons owning or erecting such gates shall be liable to be indicted for a nuisance if they fail to keep them in good order.

11 kích., 329.

Penalty for intertering with. IL., 22.

Ditches and canals across

SEC. 9. In case any person or persons shall interfere with, injure, destroy or willfully leave open any such gates, such person or persons shall be liable to indictment as for a misdemeanor.

SEC 10. Any inhabitant of this State shall have power, for the purpose of draining his or her lands, to cut a ditch or ditches, canal 1856, X11,507,915 or canals, across any public highway in this State: Provided, Such

highways.

Proviso.

Prosecution of unau horized

ing course of

road.

233.

1797, IX, 379,

person shall be bound to bridge such ditch or canal, under the direction of the Surveyor of Highways for the district in which such ditch or canal shall be cut, and keep the same in good repair for one year, after which time the Highway Surveyor shall take charge of such ditches or canals and keep them open and in repair.

SEC. 11. That it shall be the duty of the Solicitor of the Circuit persons frat in which any part of the high road may have been or shall be diverted from its original course, unless by authority of law, and he, the said Solicitor, is hereby enjoined and required, on information of any two persons, to commence a suit against any person or persons who may have altered or shall hereafter alter the road without authority, in order to compel the parties offending, as soon as may be, to restore, at their own expense, the high road in its course, as established by law.

Discontinuing

roads.

1830,1X,587,29.

Gates to be put up in roads on

1821, IX,509,21.

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SEC. 12. That the Board of County Commissioners in each and every County shall have power to discontinue any road now established or hereafter to be established by law, after three months' public notice has been given, by advertisement, in the settlement through which the road proposed to be discontinued passes: Provided, That no objection shall be made thereto. But, in case any objection should be made to the closing up or discontinuing of the said road, then the same shall be kept open and repaired until discontinued according to law.

SEC. 13. It shall be lawful for the County Commissioners in the certain islands. Counties comprising James' Island, John's Island, Wadmalaw, Edisto, St. Helena, Lady's Island and Hilton Head, to authorize and permit such persons as they, in their discretion, may think proper, to put up gates on the public roads that may pass through their grounds; such permission in every case to expire, unless renewed, at the end of two years: Provided, That no new gate be allowed unless, in the judgment of the Commissioners, the same be necessary.

Regulations re

respecting such

1., 2.

SEC. 14. If any person shall willfully cut or destroy any gate which may be put up by the authority of the Commissioners in gates. pursuance of the last Section, whilst the same is kept in good order, such person shall be fined in the sum of twenty dollars, to be recovered by warrant of distress under the hands of any two of the Commissioners for the County. And if any person shall willfully leave open any gate as aforesaid, such person shall be liable to be fined in the sum of twenty dollars, to be recovered as aforesaid. SEC. 15. If any person shall willfully and maliciously destroy, Penalty for daminjure, or in any manner hurt, damage, impair, or obstruct any of the public highways, or any part thereof, or any bridge, culvert, drain, ditch, causeway, embankment, wall, toll gate, toll house, or other erection belonging thereto, or any part thereof, the person so offending shall, upon conviction thereof, be imprisoned not more than three months nor less than one month, and pay a fine not exceeding five hundred dollars nor less than twenty dollars, at the discretion of the Court before which the conviction shall take place, and shall be further liable to pay all the expense of repairing the

same.

aging roads. 1788,1X,311.211;

1824,155,$1

1 McM., 44; 2 Srob., 61: 11 Rich., 253; 1 Spears, 17; 6 Rich., 396.

Penalty for oh

structing roads,

SEC. 16. If any person shall cause any obstruction to be placed in any part of the said highways, or on any bridge or causeway &c. thereof, so as to obstruct or render dangerous or difficult the passage of carriages or other traveling thereon, and shall not immediately remove the same when required, he shall be deemed guilty of a nuisance, and, on conviction thereof, shall be fined in a sum not exceeding ten dollars, nor less than two dollars, and shall be further liable for the expenses of removing the said nuisance.

SEC. 17. That in the event the corporators of any incorporated town or village in this State shall refuse or neglect to appoint and organize the officers required by their Act of incorporation, or refuse or neglect to carry out, in good faith, the obligations imposed by their Act of incorporation, in regard to roads or streets, the County Commissioners, in whose County such town or village, or other incorporated body, shall be located, shall be authorized and required to take charge of all such roads and streets, together with all such road hands as may reside within the limits of such incorporation, and require the same performances of all residents within they are authorized to do within their Counties gene

such limits as

rally.

1824,1X,545,22.

Performance of towns and vi

road duty in

lages.

1864,XIII,251,

12.

Highway

districts.
1871, XIV,666,21

Surveyor.

SEC.

CHAPTER XLV.

OF THE REPAIR OF HIGHWAYS AND BRIDGES.

1. Highway Districts; Surveyor;
duty of Surveyor

2. County Commissioners may levy
taxes for repair of highways and
bridges.

3. Surveyor to control the payment
of taxes in labor.

4. Workmen subject to Surveyor's
directions.

5. Disposition of taxes payable in
labor.

6. Extraordinary repairs.

7. Surveyors to repair highways;
penalty.

8. Persons refusing to work on high-
ways; penalty.

9. Tax payable in money, when.
10. Disposition of taxes payable in
money.

11. Surveyor to keep account and re-
turn same to County Commis-
sioners.

12 Surveyor's bond liable, when.
13. Persons injured on account of
deficiency of roads, &c.

! SEC.

14. Damages, how recovered.
15. Penalty for neglect; County liable.
16. Rate
at
which labor shall be
valued.
17. Persons liable to work; commuta-
tion; refusal; penalty

18. Working tools to be provided.
19. Fine for injury done to a road by
the breaking of a mill dam.

20. Timber, &c., may be taken by Sur-
veyor. Penalty for obstructing,
&c.

21. Shade trees, &c., not to be cut
down, nor stone, &c., taken from
private grounds.

22. Road labor and its equivalent.
23. Disposition of certain penalties.
24. Compensation of Surveyors.
25. Removal of persons liable to road
duty effect.

26. What to be deemed a residence.
27. Repair of bridges between Coun-
ties; division of bridges; re-
building.

SECTION 1. That the County Commissioners of the several Counties shall divide their Counties into highway districts, each district to contain not less than ten miles of public highways, nor more than forty miles, to be convenient for repairing highways, and may, from time to time, alter the same; and they shall appoint for each highway district a Surveyor of Highways, to superintend the expenditure of the highway tax and money appropriated for improvement. of highways in his district, and to take charge of, and keep in repair, at all times, the highways in his district. Said Surveyor of Duty of Survey-Highways shall be removable at pleasure. He shall be responsible to the County for any damages which may be sustained within his district, through fault or neglect in the discharge of his duty. Said Surveyor of Highways shall give bond to the County, with good and sufficient sureties, to be approved by the County Commissioners, in double the amount of money to be expended in his district, for the faithful discharge of his duties.

or.

County Commis

taxes for repor

bridges.

Ib, 667, 2.

SEC. 2. That, for the purpose of keeping in repair highways and Rioners may ivy bridges, the County Commissioners of each County shall, on or preof highways and vious to the first day of January, assess a tax of eighteen cents, if so much be necessary, on every hundred dollars of the lists of the County, to be paid in money or labor, at the option of the tax payer, and laid out in repairing highways and bridges; and they shall, annually, on or before the said first day of January, make out a tax bill for each Surveyor of Highways, containing the amount of the tax to be laid out by him in his district, with the amount of each person's tax annexed to his name, accompanied with a warrant,

signed by the Chairman of the Board, authorizing such Surveyor to collect such tax; and they shall deliver the several tax bills to the respective Surveyors, and take their receipt for the same.

Surveyor to control the pay

labor.

ib., § 3.

SEC. 3. The Surveyors of the several highway districts, after receiving their several tax bills and warrants, shali proceed to give mert of taxes in notice to the several persons liable to pay taxes in their districts, of the amount of their taxes, and of the time and place in which, and the teams, carriages and tools with which, they are required to pay their taxes in labor; but no person shall be liable to furnish any team, carriage or tool of which he is not the owner, except hoes, shovels or spades. Such notice may be given to all persons resident in the highway district, either personally or by written notice left at their usual residence; to non-residents, by a written notice left with or at the residence of their tenants, agents, or persons having the care of their property; all of which notices shall be at least three days, and, in case of persons residing out of the highway district, at least ten days before the time appointed for them to commence their work; and, if such non-residents shall have no tenant or agent in the town, notice may be posted up in some publie or conspicuous place in the district; and the Surveyors shall make and keep a minute of the time and manner in which the notice shall be given.

Workmen subject to Survey

SEC. 4. Any person, after he has commenced working in payment of his highway tax, shall be subject to the direction of the or's directors Surveyor, as to the times when, and the place where, his taxes shall be paid and laid out in labor.

Ib, § 4.

Disposition of taxes payable in

Ib., 5.

repairs.

1b., 26.

SEC. 5. That at least three-quarters of the highway tax in any highway district, payable in labor, shall be collected and laid out for. between the 15th day of January and the 1st day of May, and the remainder between the first day of August and the first day of October, in each year, except as hereinafter provided. SEC. 6. On any extraordinary occasion, when any bridge or highway Extraordinary shall be destroyed or impaired so as to require immediate repairs, or shall be obstructed so as to require immediate labor to remove the obstruction, it shall be the duty of the Surveyor, forthwith, to cause the highway or bridge to be repaired, or the obstruction removed; and he may, for that purpose, call upon and notify any inhabitants of the district to afford him the necessary aid, or may hire other laborers, or employ other means to open or repair the highways and bridges; and, in such case, the notice shall be deemed sufficient to any person owing taxes, payable in the district, in order to make him liable for neglect to pay his taxes in money, if such notice shall be given six hours previous to the time when he is required to appear and labor. If any person shall, in such

Surveyor failing to repair high

Ib., 66, 27.

case, perform labor more than sufficient to pay the taxes due from him, or, if a person not indebted for taxes shall perform labor, the amount of such labor, or the balance, may be accredited to such person towards his highway tax the succeeding year.

SEC. 7. If, on any such occasion as specified in the preceding Secways; penalty. tion, any Surveyor shall, for the space of twelve hours after appli cation made to him for that purpose by any citizen residing within his district, neglect to call upon the inhabitants of his district, or use the proper means to repair or open the highway or brigde which may be out of repair or obstructed, he shall forfeit and pay to the County Commissioners of the County, to be expended in repairing highways in such district, the sum of twenty-five dollars, to be collected in the name of the County, unless such Surveyor shall show sufficient reason for such neglect.

Persons refusing

to work on highWays.

Penalty. Ib., 28.

Tax payable in money, when.

Ib., 29.

Di position of taxes payable in money.

Ib., 10.

Surveyor to

keep account

and return same

missioners.

Ib., 11.

SEC. 8. If, in any such case, any inhabitant of the district whose name shall be on the tax bill of such district, whether any tax shall be due from him or not, shall, for the space of six hours after being called on or notified by the Surveyor for that purpose, without sufficient reason, neglect to turn out and assist in repairing or opening such highway or bridge as he shall be required, he shall forfeit and pay to the County the sum of three dollars, to be collected and expended as provided in the preceding Section.

SEC. 9. If any person against whom a Surveyor shall have a tax bill, payable in labor, shall neglect, after being notified, as provided in this Chapter, to work out his tax, he shall be liable to pay his tax in money; and the Surveyor shall proceed to collect the same and shall have all the power the County Treasurer has by law to collect State and County taxes; and he shall proceed in the same manner in the collection, and shall have the same fees.

SEC. 10. It shall be the duty of each Surveyor of Highways to lay out, in such manner as he may think beneficial, in making and repairing highways in his district, all moneys collected by him in his tax bill, or received in any other way for that purpose.

SEC. 11. Each Surveyor shall keep full and regular accounts of all labor performed, and all moneys received and expended in his to County Com- district, out of the labor that may have been performed by any persons over and above their taxes, and make return of his accounts to the County Commissioners, annually, in the month of November. And it shall be the duty of each Surveyor of Highways to pay over to the County Commissioners of the County any moneys which may remain in his hands unexpended; and any moneys which may be so received from the Surveyor shall be paid over by the County Commissioners to the succeeding Surveyor, to be expended in the same district. And when any persons shall have overpaid their

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