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taxes, in labor or otherwise, the balance shall be accredited to such persons on their taxes for the succeeding year. When any Surveyor of Highways shall resign or be removed from office, he shall also make such return to the County Commissioners as required in this Section, and turn over all moneys, books and papers pertaining to his office to the County Commissioners, or to his successor in office, as they may direct.

hable, when.

Ib., 12

SEC. 12. If any Surveyor shall have failed to collect the taxes Surveyor's bond contained in his tax bill, as required by law, or, if he shall fail to pay over any moneys which he may have collected and not expended, the County Commissioners shall proceed against him upon his official bond.

on account of deficiency of roads, &c.

Ib., § 13.

SEC. 13. If any person receive or suffer bodily injury, or damage Persons injured in his property, through a defect or want of repair or sufficient railing in or upon a highway, causeway or bridge, he may recover, in an action, of the County by law obliged to repair the same, the amount of damage sustained thereby, if such County had reasonable notice of the defect, want of repair, or of insufficient railing, or if the same had existed for the space of twenty-four hours previous to the occurrence of the injury or damage; but no such damage shall be recovered by a person whose carriage and load thereon exceeds the weight of six tons.

SEC. 14. If, before the entry of an action provided for in the preceding Section, the County Commissioners tender to the plaintiff the amount which he would be entitled to recover, together with all legal costs, and the plaintiff does not accept the same, and does not recover upon his trial more than the sum so tendered, the defendant shall recover costs.

Damages-how

recovered.

Ib, 14.

lect.

County liable.

Ib.. ¿ 15.

SEC. 15. If a County neglect to repair any of the highways or Penalty for neg bridges which, by law, it is obliged to keep in repair, or neglect to make the same safe and convenient, such County shall be liable to indictment and fine, as the Court in its discretion may order. The fine imposed in such case shall be certified to the County Commissioners by the Clerk of the Court, and they shall proceed to collect the same from the Surveyor or Surveyors of the highway district or districts charged by this Chapter with the duty of superintending and keeping said highway or highways in repair; the sum, when collected, shall be laid out in the repair of highways and bridges in the County.

Rate at which labor shall be

SEC. 16. Each person who shall furnish work on the highways in payment of his highway tax, assessed by the County Commissioners, valued. shall be allowed, for a good hand, at the rate of ten cents for each hour. It shall be the duty of the Highway Surveyor of the district

10., 2 16.

Persons liable to work.

to make such allowance for the use of teams, carriages and tools, as shall be equitable and just.

ages

of

SEC. 17. That all able-bodied male persons between the eighteen and forty-five years shall be liable, annually, to perform on the public highways and roads not less than three, and not more than five, days' labor, under the direction of the Highway Surveyor of their district: Provided, That if any person, being warned to work upon the highways, shall pay to the Highway Surveyor, in the Commutation. district in which he may reside, the sum of one dollar per day for each day required, the same shall be received in lieu of such labor, and shall be applied by the said Highway Surveyor to the construction and repair of the highways and roads in the district. And should any person refuse either to work on the highways and roads, or to pay the fine imposed as a penalty for refusing to work upon the highways and roads, according to the direction of said Commissioners, the said persons shall be deemed guilty of a misdemeanor, and, on conviction thereof, punished by imprisonment in the County jail for the same, for a term not exceeding thirty days.

Refusal.

Penalty. Ib., ¿ 17.

Working tools to be prov ded.

Ib., 318; 1825, IX, 562, 15: 1870, XIV, 398,

8 1.

Fine for injury done to road by breaking of a

SEC. 18. That each Surveyor, in his respective district, is hereby authorized to prescribe what tool or tools each hand shall furnish himself with; and if any man liable to work on any road, having been regularly warned, shall fail so to be equipped, he shall forfeit and pay the sum of fifty cents: Provided, That in all cases where it shall be shown, to the satisfaction of the Surveyor, that the person complained of was not in possession of the tool or tools required, no forfeiture shall be exacted, but any other suitable tool or tools shall be received in lieu thereof.

SEC. 19. That where any public road shall be injured in consequence of the breaking of any mill dam, or by letting off water from any gate or gates, it shall be the duty of the owner or owners 2 Sens, 633. of such mill pond or dam to repair such injury, when thereunto

mall dam.

1825, 1X,563 29.

Timber, &c.,may

veyors.

required by the Highway Surveyor of the district in which the injury shall happen, within a reasonable time from such notice; and, in default thereof, the owner or owners of such mill dam or pond shall be fined at the discretion of the Court, not exceeding one hundred dollars, nor less than twenty.

SEC. 20. That the Highway Surveyors, according to their respecbe taken by Sur tive districts, shall have full power to cut down and make use of any timber, wood, earth or stone, in or near the roads, bridges and causeways, for the purpose of making and repairing the same, as to them shall seem necessary, making just compensation therefor, should the same be demanded. And if any person or persons, by themselves or servants, shall, by any ways or means, hinder, forbid or oppose the said Surveyors, or either of them, their servants or

workmen, from cutting down and making use of any timber, wood, or stone, or earth, in or near the said roads, bridges or causeways, for the purpose of making or repairing the same, or shall in any manner stop up or obstruct the passage on the said roads, bridges or causeways, by gates, ditches, fences, or any other obstructions, (except where they are authorized by law so to do,) or shall hinder, forbid or threaten any traveler from traveling any public road, every person, for every such offence, shall forfeit the sum of fifty dollars, to be recovered by indictment at law.

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&c., not to be

grounds.

nor

private

1826, LX, 569,223.

SEC. 21. That the powers vested in the Highway Surveyor, by Shade trees, Section 20 of this Chapter, shall not be construed to extend to au- cut down, thorize them to cut down any timber or trees reserved by the owner from stone, &c.. taken in clearing his land, or planted for the purpose of shade and ornament, either in the fields, around the springs, or about the dwelling house and appurtenances, nor the cutting down any rail timber, when other timber adequate to the purpose may be procured at or near the same place, or to take any stone or earth from within the grounds of any person, enclosed for cultivation, without the consent of the owner of the same.

Road labor and its equivalent. 1870, XIV, 398,

SEC. 22. In all cases a man, horse, plough and cart, shall be equivalent to three days' labor; a man, wagon and two horses shall be equivalent to five days' labor; and so in proportion for all teams § 6. and wagons used by and under the directions of said Highway Sur

vevor.

ties

penal

1825, 1X, 564, 824

SEC. 23. That all the fines, forfeitures and penalties imposed by Disposition f Sections 18, 19 and 20 of this Chapter, or sums of money arising certain from the sale of estrays, shall belong to that highway district within whose limits the fine, penalty or forfeiture may be imposed, or estrays sold, and constitute a fund to be applied by the Highway Surveyor to the repairs of the roads, bridges or causeways in such district. SEC. 24. Each Highway Surveyor provided for in this Chapter Compensation shall receive fifteen cents per hour for the time necessarily employed in discharging his duties: Provided, That he shall not receive ex- 18. ceeding fifty dollars per annum, except in extraordinary cases, when the County Commissioners may, in their discretion, allow a greater sum, and, in no event, more than seventy-five dollars.

SEC. 25. In case any person shall remove from one County to another, who has, prior to such removal, performed the whole or any part of the labor aforesaid, or in any other way has paid the whole or any part of the amount aforesaid in lieu of such labor, and shall produce a certificate of the same from the Commissioners of the proper County, such certificate shall be a complete discharge for the amount therein specified.

of Surveyors. 1871, XIV, 669,

Removal of

persons liable to

road duty, effect.

1870, XIV, 398,

$3.

What to deemed

dence.

Ib., 25.

Repair

Counties;

rebuilding.

te resi

§ 17; 1852, XII, 181, 2 16.

SEC. 26. For the purposes provided for under the preceding Sections of this Chapter, the residence of any person who has a family shall be held to be where his family resides, and the residence of any other person shall be held to be where he boards, in any County in this State.

of SEC. 27. That the County Commissioners in this State are authorbridgetized and empowered to employ the ordinary road labor in the conof bridge; struction and repair of all bridges over the rivers or creeks of this 1825, IX. 562, State, which constitute the boundary line between Counties, if, in their opinion, the same shall be sufficient, and shall assess their respective Counties whenever, in their judgment, the said ordinary road labor is insufficient. And where any such bridge exists or shall be hereafter built, it shall be the duty of the Boards adjoining to divide the same by measurement in the centre, and each Board shall be responsible for the good order of the half next adjoining the County in which it lies. And whenever it becomes necessary to build a new bridge or to replace, entirely, an old one which has been carried away or destroyed, it shall be the duty of the Boards of the two Counties to replace the same.

Power

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County Commissioners over.

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SECTION 1. That the County Commissioners of the several Coun

ties of this State shall have and exercise the same powers over the Con., Art. IV, navigable streams, water courses and cuts, within the limits of their

$ 19.

Rich., 68; 11

1 MeC., 580;4 respective Counties, as they have over the highways and bridges Rich., 253. therein, except as the same are herein modified.

To be high

ways and kept

SEC. 2. The said navigable streams, water courses and cuts shall in repair by Sur. be taken and deemed as highways, and the Surveyors of Highways appointed for the several highway districts shall take charge of and keep the same in repair at all times.

veyor.

1871, XIV, 666, ‡ l.

to

keep open for

1856, XII, 517,

SEC. 3. It shall be the duty of the aforesaid Surveyors of High-Surveyor ways to see and ascertain, from time to time, that the said water navigation. courses and cuts, and the mouths or entrances thereof, are open and 26. free to the customary navigation, for boats drawing not more than four feet of water, except at such times as may be necessary to close the same for the purposes of repair or other necessary work; but in no case shall the said water courses or cuts be closed so as to prevent the free passage of such boats for a longer period than two consecutive months, or without thirty days' previous notice, signed by the County Commissioners, and published in at least one newspaper in the County wherein such water courses or cuts may be situated; and if the said water courses or cuts are within the limits of Charleston County, then such notice shall be published in at least one of the daily newspapers in the city of Charleston.

Ib.

remove

SEC. 4. The said Surveyors shall see and provide that no logs, To stumps, shell-banks, sand bars, marshes, mud-banks, or any other logs, stumps, &c. obstacle to the free, safe and convenient passage of such boats at the usual time of tide, be allowed to remain in the said water courses, or in the said cuts, so as to cause manifest injury or inconvenience to navigation.

To keep banks repair and above tide wa

ter.

SEC. 5. They shall keep, or cause to be kept, in firm and good condition, the banks or causeways of the said water courses and in cuts where such banks or causeways may be necessary, so that they shall be above tide water, and shall be free from all such breaks, sluices, or other obstacles as may be an impediment to their uses and objects.

SEC. 6. That the Board of County Commissioners shall have full power and authority to appoint Special Commissioners who may cause to be opened any new channel through such projecting points of marsh land as impede and delay the navigation of the said water courses and cuts, and the proprietor or owner of the said marsh land shall be entitled to such reasonable cempensation for the appropriation of the said land to the public use as may be deemed a fair equivalent by three discreet and disinterested citizens, to be selected by the mutual consent of the said Special Commissioners and the said proprietor or owner.

Ib.

County Commissioners may

cause new chan

nels to be open

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Ib., 1869, XIV, 130, 14.

Highway Sur

repair new chan

nels, &c.
6.

1856, XII, 517,

SEC. 7. The said Highway Surveyors are authorized and empowered, for the better navigation of the water courses and cuts, to veyors to keep in make, open, dig out, cleanse, and keep in repair new channels through such points of marsh mud as project out, and, by forming curves or banks therein, impede the transit of such boats. SEC. 8. The said Surveyors are authorized and empowered to keep May employ the said water courses and cuts in repair, and to dig out, clear, labor by cleanse, shorten, straighten, and make navigable the same, either

tract, &c.
Ib.

con

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