Indigent blind SEC. 7. The said Commissioners shall be authorized, to the extent children. of one-half the appropriation made by Section 5 of this Chapter, and 187, XI, 436, § 2. subject to same provisions, to send to such asylum, for education, such blind children as may be deemed appropriate objects. Power of Com reference to ap SEC. 8. The whole or part of the expenses of the several applicants shall be paid, according to the opinion which the Commis- missioners with sioners may form as to the pecuniary condition of the applicants; propriation. and, in case of more applications than would exhaust the annual 1831, VI, 514,95. appropriation, the Commissioners shall make selection according to their opinion of the deserts of the various applicants. To draw ap 1849, XI,524, 21. SEC. 9. The Commissioners shall have power to draw the annual appropriation herein mentioned, and to send so many of the deaf propriation. and dumb and the blind as can be supported by the annual appropriation, and as they shall deem proper objects of public bounty, to such asylum. SEC. 10. The Commissioners shall, annually, report to the Legislature an exact statement of their various proceedings during the past year, showing precisely how they disbursed the money expended, the names of the persons who have received the bounty, the ages and places of residence of such persons, and information as to their progress; which statement shall be accompanied by the vouchers of all sums expended. Report of Com soners. 1834, VI, 514, 6. TITLE XI. OF WAYS, BRIDGES, FERRIES, FENCES, DAMS AND DRAINS. CHAPTER XLIV. Of Highways. XLV. Of the Repair of Highways and Bridges. XLIX. Of Dams and Drains. Navigable streams declared 21: Con., Art. VI, 1. SECTION 1. That all streams which have been rendered, or can to be highways. hereafter be rendered, capable of being navigated by rafts of lum1853,X11,305, ber or timber, by the removal therefrom of accidental obstructions, and all navigable water courses and cuts, are hereby declared navigable streams; and such streams shall be common highways, and forever free, as well to the inhabitants of this State as to the citizens of the United States, without any tax or impost therefor, unless the same be expressly provided for by the General Assembly; and if any person shall obstruct the same, otherwise than as hereinafter provided, such person shall be deemed guilty of a nuisance, and such obstruction may be abated as other public nuisances are by the laws of this State. Commissioners to be appointed ways. Proviso. SEC. 2. The Boards of County Commissioners have power, and to lay out high- they are hereby authorized, to appoint Special Commissioners to lay out public highways in those cases where they shall be satisfied 22 14, 16 Con that the road applied for is important: Provided, however, That the 1525, 1X, 559.25. said Commissioners shall have no power to open any new road until 1868, XIV,130, Art. IV, § 19; 10 Rich., 389. they shall have given three months' previous notice, by advertisements, in the settlement through which the intended road is to be opened. &e. 1868, XIV,131,0 SEC. 3. The decisions made by said Special Commissioners may Opening reads, be appealed from, and reviewed in the same manner, and with like authority, as is allowed by law from the acts of the County Com- 16. missioners. The work so to be laid out by such Special Commissioners, or the same as settled on appeal, shall be recorded, opened and worked as public highways of the towns, cities or Counties in which they are respectively situated, in the same manner as other highways of the town, city or County are required by law to be recorded, opened and worked. Highway Sur reyors; their pair roads. 5: 1868, XIV, . 3.16: 1871, duties, &c.; re 1825, IX, 559. @ XIV, 666, §1. for SEC. 4. 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, Rich, 33:1 N. at all times, the highways in his district. 3 Brev., 83; 4 McC., 5; 2 bail, 31:1 Rich, 335 11 Rich., 485; 10 & McC., 5; 2 N. & McC., 526; 1 N. & McC., 357. 1825.IX,563 §21. 1 Spears, 162. SEC. 5. That it shall be the duty of the County Commissioners with froads. in their respective Counties to cause all roads heretofore laid out t or hereafter to be laid out, leading directly from any part of this State to Charleston, Georgetown, Columbia, Camden, Hamburg or Cheraw, to be made and cleared thirty feet wide, and all other roads shall be cleared twenty feet wide. SEC. 6. That each and every Surveyor of Highways shall cause all the roads in their respective districts to be posted and numbered, and at each fork of said roads a pointer to be placed, declaring the direction of such roads. And if any person or persons shall cut down, burn or deface any mile post, or stone, or pointer, erected as aforesaid, he, she or they, upon conviction thereof, shall forfeit and pay the sum of ten dollars, to be recovered by indictment or information in any Court of competent jurisdiction. Reads to be posted and num bered. xIV, 666, § 1. Ib. 322; 1871, Penalty for neglect to post and number roads. 1840. XI, 269, 3 666. SEC. 7. That any Surveyor of Highways neglecting to cause said roads to be posted and numbered, and to have pointers erected as aforesaid, shall be liable to pay the sum of ten dollars for each and every such neglect, to be recovered by indictment in the Court of 15; 1571, XIV, General Sessions of the County wherein the same occurs, to be paid, when collected, to the Board of County Commissioners of such County: Provided, That no Surveyor shall be liable to said penalty who puts up said pointers at such times as he works his road division. Gates may be placed on private roads. 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 Rich., 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 Rich., 529. Penalty for interte ng with. JL., 82. Ditches and canals across highways. 1856, XII,507,$15 Proviso. Prosecution of unauthorized ing course of road. @33. 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 or canals, across any public highway in this State: Provided, Such 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 for at 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 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, 1821, IX,509,21. 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 Ib., 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 gats. 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 lea ve 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 dam injure, or in any manner hurt, damage, impair, or obstruct any of the public highways, or any part thereof, or any bridge, culvert, 1821,1545,§1. 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,311.11; 1 McM., 44; 2 Srob., 61; 11 Rich., 253; 1 Spears, 17; 6 Rich., 396. struct ng roads, 1824,IX,545,(2. SEC. 16. If any person shall cause any obstruction to be placed Penalty for obin any part of the said highways, or on any bridge or causeway &e. 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. Performance of road duty in towns and vi! lages. 1864,XIII,251, 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 12. 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 such limits as they are authorized to do within their Countics generally. |