The Abbeville press and banner. (Abbeville, S.C.) 1869-1924, April 21, 1886, Image 8
The Press and Banner
I
Wednesday, April 21,1886,
That Wife offline.
She met me at the door last night, j
All dainty, fresh and smiling.
And threw her plump arms round me tight, j
In manner most beguiling.
Then, in her sweet, impulsive wny,
She husired me as she kissed me.
And told ine how the live-long day
She'd thought of nie and missed me.
She helped me olT with coat and hat,
And led me, still close-clinging.
Into the dining-room, and sat
Down at the table sinuinsr.
The meal was perfect, fresh-cut flow'rs,
The fire-light warm and rosy,
Made all seem bright, sv. ifi Hew the hours
And we were, oh ! so cozy !
Then, after dinner, she and I
Rang the o!d songs together
We used to sing in days gone by?
My heart was like a leather !
Our happiness madeearth u heaven,
And now, as I review it,
I recollect 'twas past eleven
Almost before we knew it.
We sat there on the sofa thon.
She nestling close beside ine,
Softly she smoothed my hair, and when
I kissed her did not chide me,
She fondly pinched mv cheek, and so,
Her dimpled hand upon it,
She whispered: Darling, do you know
a ul't'u u uv'?> uvuiivv .
THE CHRISTIAN CHURCH.
Founded I'pon a Higher Basis Than
Ethical ICules.
"In that clay there shall he a fountain opened
to the house of David and to the inhabitants
oi Jerusalem for sin and for unclean
mss." Zccti. io:i.
Tlie expression "in that day," seems to refer i
to the great reformation epoch, which opened |
under the preaching of John the Baptist and]
was continued under the preaching of Je*us I
Christ and his Apostles during :t period of
seventy-five years. The great central event
of tiiat period was the expiatory death of j
Christ as noted in thepreviouschapter: '"And j
it shall come to pass in that day?that I will j
J tour upon the house of David and upon the1
nhabiiantsof Jerusalem the spirit of grace
and supplication and tliey shall lo"k upon
me whom they have pierced and they shall I
mourn for hint as one inourneth for la is only
son and shall be ir: bitterness for him asone is
in bitterness for his first born," and as noted
Nuhseuuentlv to our text, where God is re pre-1
sented as using this apostrophe : "Awake. O! i
sword against iny shepherd and against the [
man that is my fellow,saith the Lord : I will i
smite the shepherd and the sheep of the floek j
shall be scattered abroad and I will t urn mine !
iiand upon the little ones," which Jesus m>? |
plied to himself and his A post lcson the night |
of the iast passover, when after singing ai
hymn they walked towards (iethseinane and I
he said gravely and solemnly : "All ye shall
be ollended because of me this night : For itj
is written, I will smite the shepherd and the !
jdieep of the flock shall he scattered abroad.
The great, event is put before us, in my text,
not Indeed as a disaster, but as a most inviting
and refreshing subject under the symbol I
?>! a Fountain opened in the house of liavid.1
I will invite your attention to several ele-i
merits of this symbolism which scein to suggest
corresponding elements of the groat ex-j
piation, to the special peculiarity of this fountain
that was to he opened to th?; house of Da-'
vid and to the object for which it was opened, J
'for sin and uncleanness."
1. Every fountain is in its conception, sup-'
posed to have an unseen and an unknown j
source. It may liave us suppiy iu some miu- i
Terrancan rcsorvoir or in some more elevated !
Jake or water, but is unknown. The great I
sacrificial death had its origin in the secret I
and unknown purpose of God from eternity,]
jus It is expressed in the language, "Lamb of;
God slain from tlie foundation of the world,'' I
and in this,''chosen in him before the foun-!
<iation of the world," for it is in his deatti up-;
on the cross that believers became hisconstit- j
uency.
It may not be that this element of the sym-1
holism is meant to he emphasized l?y ttiej
prophet or by ihe mightier hand that jruided '
jus pen. Yet it would be impossible to eon-1
<;eive that this great central event, the expiatory
death, which stands up in medieval times
between tlie two dispensations of religion, as j
the culminating point and verification of the j
hopes and prophetic symbols of the first and
/rom whose base, as from a mountain, the!
whole stream oi tne seconu lanes n? uu?,i
that this interior nucleus of the whole re-!
deraptive scheme around which every other j
element was to aggregate, around which every
constructive element of the flan was to [
circulate and from which every doctrine pre- j
cept and principle of Christianity was to draw j
its significance, it is impossible to think that;
jt could hare been an afterthought or that itj
was suggested by any exigencies of men that >
may ha\e arisen. It is the basis upon which |
every fjict and tltness of the scheme had been
built and from which every lact and fitness:
has formulated. It would appear indeed, at
first sight, that the (all of man was an exigen- j
oy which suggested it and to which it is an
adaptation But while it w.is posterior to the ;
fall in the order of history it was anterior to i
it in the order or thought. constructively,!
the order was God's glory and man's salvation.
The gospel is styled ft redemption and a
salvation because this phase of the plan must j
first address our weakness and awaken o'ir
interest. But how was it possible that the interest
of the creature should absorb and exlianst
the resources of the Creator? If the
ultimate, and exhaustive object of the Gospel
had been to save men, how could it have failed
ofits object in any single human being?
No. A yet higher and more awlul end was
the vindication and triumph of Truth. "For
this cause came I into the world," said Jesus,]
and "to this end was I born that I might bear
witness unto the truth." "F r this cause have
1 raised thee up," said he to Paul, "that thou
jmgmcsi i:e :i minister ;mu si \\ uufw ? ?iv
interests of truili are higher andgrander than
th? interests of man and every puipit in the
land is in its primary design a witness bearing
stand, suUordinately only, an agency of
human salvation. Olir highest conception ol
God's glorification is, indeed, man's salvation
hut tins is only the menus to that end, and
mighty truth must be preached whether men
will hear or whether they will forbear.
But whether this element of the symbolism
of our text is mestnt to be emphasized or not
another, which is in close proximity to It, is
undoubtedly contained and meant. Every
fountain is deemed to be perennial and exhaustless.
It is assumed to be as old as the
hill front whose ba-e it flows. This fountain,
too, is perennial. It might seem to be contradictory
of its perennial quality that it. was to
be opened in the house of David. "Yet if it was
Kai.n ii /.vSeto.l ont-niiivtlk' ill tllf*
Uicic 1U v..\iouu pvi iuiimwij ? ?* ?
tribe of Judah, and if in Judah it existed germinally
in the house of Abraham and in
those pious antecedents from whom Abraham
drew his religion. Nay the antediluvians
(IranIt of that fountain, nay more, it was
llowing in its incipieney for the family of
Adam. My brethren, did the brilliant rainbow
never span the heavens before that day
when CJod gave it a new office and said. "15ohold
I do set my bow in the eloudsand itsiiall
he for a token of thecovenant which I make"?
And might not tlsi< fountain, opened for the
healing of the nations, have oozed forth its
refreshing waters before the day when it was
notedly clarified and concentrated in the great
historical epoch of the ministry and death of
Jesus? Yes. Abel, Enoch, and Abraham
drank ofthis fountain. A prospective faith is
as valid as a retrospective fait li and if there is
any difference it is a sublime faith. For it is
cnhiiinnr of i li r> sum I ti> confide in what
God has promised yet to do than to confide
in what he has done.
But tills fountain is exhaustions. Though
$he thirsty travellers passing a fountain,
should, every one of thorn in rapid succession
dip their vessels into it, and so continuously
as to ulk'Ct the stream, it would still be understood
by every one that this could not a (loci
the fountain itself. It would still How 011 with
undiminished force. Xo amount of usecould
nfleet the unseen supply. Thiuistrue of the
atonement. It is adequate to the wants and
Avoes of all this world and worlds more. No
amount of guilt can exhaust iis merits. Kv- J
cry soul's thirst is quenched here, whether 1
liis sins are "secret" or "presumptuous," cov- |
ert or overt, sins of youth or sins of age, omisj;ions
or commissions, crimson sins or mis
placed virtues, ail are adequately mer. nut
the Inexhaustibility of the atonement is a
very different matter from its universality.
It is implicitly held by very many Christians
sometimes explicitly maintained that tlie j
great atonement carries soin?; salvatory po.v-1
crtoall men, that by it not only is all sin canceled
ami a certain undefined benefit conferfd
upon all the race but some amount of saving
effect secured to all. Hut, my brethren,
could you suppose that wayworn tliirsty trav- j
<'l:ers could bo refreslicd or in any way bene- I
fitted by a fountain from whose waters they !
never drank ? Could a diseased man lie heal
od l?y medicinal waters of wiiicli he had only ,
heard and had ant tasted? Where eau tin* I
refreshment and fhe actual benelit come from i
except from the application of the remedy .to j
tlie case ?
You will nolice that I am now speaking of!
the application of the atonement. The man!
of the universal atonement mistakes its sui-!
iiciertcy for its application, and he asks with!
serene plauslbilny. has not God provided von-1
der sunlight in glorious abundance for ail,]
and this benign lifegiving atmosphere for ail!
and would He provide ah atonement for the;
Kins of the world without meaning it for all ?
Yg.?. But yonder sunlight is a donation,
while tiie atonement is an overture. The j
brutes partake alike with us in the blessings!
of light, uir and food, but they cannot rise to j
UK* foncention of a boon which is held out to
l*?ings ihe very dignity and glor/ of \vUose|
jntture it is to appreciate and accept. Would 1
it add to the glory of God's munificence that:
lie poured it in looseand indiscriminate ahum j
dunce alike upon tiio-e who thankfully re-j
ceived it and those w ho ivjVc ed it ? Tlmt he
compelled free and intelligent brings to m'-i
*:ept a boon the very virtue of which cousisfs 1
ill its being appreciated ? If you, my brother,
should opcu a fouutaiu by the loadsidif,
I jutumtt-ajiw-uvl - ?i
r
make tho dececnt to it convenient and suspend
upon it a cup, thus inviting all travellers
to refresh themselves and J should ask
you, for whom did you intend that fotintaii ?
your :ins\v?*r would be, for all thirsty travellers.
And it would be corrcet. For t hose who
shouM pass alons iind decline todrink or who
should berate your waters you did not intend ,
i...i ,1 i,, .Ii thn 1
I'llUIII. *'iliu I III."* ID HiV" Hi ? utv II IKV . |
atonemvnt is limited. It is infant for those* IJ
who thirst and it is these only that it can re- j
fresh. And could you think that the inlinite |
Prescience that adapts his means to Lis ends
with unerring wisdom would provide a waste
of goodness, oi Unit most costly goodness that
drew upon liis paternal In art in giving his
son to die? There is an economy of light in j
yonder glorious brilliance which bathes the;
world and all things visible. There is no ,
waste light. There is such a wonderful a.lap- ie
tation of its amount to the delicate structure (^
of the human eye that were it inerea-ed in j
the slightest dregrce, the excess would prove I
the destruction of our vision. And shall we j
conclude that there is no economy of grace in (
the most precious and costly of all the divine '
bounties? No, my brethren, if the death of .-;
Jesus wastes i!sclf, it does so over those:
mighty regions of creation where it installs j(
new phases of the divine character and wins J f
new revenues to the divine glory. Ah ! there I
outside <!f our human horizon. II. has a glori- |
?>ijx universality?a vindication and just idea- j ?
lion of tlie ways of Cod to men before an I
amazed and admiring universe. I '
2. In close connection with these elements]
of the symbol notice again, that this fountain i
has the special peculiarity of being opened in ; j.
the house of l>avid and to the inhabitants of j1
Jerusalem. Why this fountain had not been L
opened in Kgypt, Syria or Moab, why it had!
mi v national confinement. we cannot attempt ;
now to tell. Put a limitation in fact and fill
history is always the evolution of a limitation | j
in purpose and arrangement. Why, may j
hive its philosophy and it may be right and i t
useful to discuss that philosophy, hut. not un- <
til we shall have first found this fountain and t
taken a draught of its waters. If two thirsty j
and wearied men coming toafountain should t
first spend an hour in heated discussion over
the probable source of the waters before last- f
ing the waters themselves, it would be lost
time. All the indications of the case ami all
reason suggest thai they should tirst take a
draught. They arc then prepared by the wat- ^
ers themselves to discuss their merits. We /
are always better qualified to reason on the *
philosophical questions of the atonement af- r
ter we have tested its refreshing power. Wat- 4
cr hath 110 argument but its own clear ami :
sparkling abundance. The llrst and instant
inviting duty is to drink. j
But if we may not be able to clear up the
philosophy of this fountain being opened to ]
David and Israel in preference to any other
people, we can understand how David is the (
typical name of David's greater son, Jesus
Christ, and how Jerusalem is the typical
name of that Jerusalem "which is the mother
of us all" the church of the living 05od and so j
we can understand how the church as (iod's
Institute has the peculiar prerogative of hold- ]
ing this great secret and heralding it to men.
The possessing of this mighty secret is the pe- 1
cnnar property 01 inecmucii i>i uuiiunu tuut>
whicliJidistinKuishcs it from any oilier insii-j(
tute or voluntary society of men. It is;
the fact that the cross is in the centre of >
it and every other doctrine and precept hns j.
significance only as it emanates from that 1
centre. The church loses her commission i
as soon as it preaches morals. It is not an 1
ethical system except subordinated*. The 1
groat effort of the popular thinking of the
day is to seduce the church to an ethical basis. (
You are delighted with a sermon that touches '
otl the vices, that cultivates the virtues, that ,
promotes the moral improvement of men.
You love to hear the preaching that {iocs to j
make giod men, srood fathers,good husbands, j
good citizens, since .*<11 this promotes a grand j
civilization and makes a great people. At.d
in this, my brethren, all men sympathizes (
with you. Philosophers, skeptics and infidels | r
will shake hands with you here. A gospel j .
which is only a grade higher than liudhism,
or Confucianism orhioieistn gives every man i<
a chance to achieve his o\vr> destiny. A gospol
which goes upon tlie basis that the germs
of moral-energy within you only need resus- |
citation and stimulation. A gospel which *
preaches a Saviour but a Saviour only in Ihe
sense of a splendid teacher and martyr. Hut, 1
my brethren, all this amounts only to a gospel
of Socrates and Sophocles. All this tor- '
minated at the boundaries of the world. This j s
gospel exhausts itself here 011 the earth, liut 1
0! my friends it si ill is the grand superiority j?
an J glorious prerogative of the Church ot'j
God to paint beyond the border into that u
mysterious realm whether we aregoing: to '
ten or a {saviour who cxincnics us irom a mri <
more <1 rendful complication than mere moral
stupidity: to tell you that your eternal inter- j
ests arc at stake: and to tell you that your
misery goes deeper than any outside moral
renovation can reach.
And therefore it is said in our text that this i
fountain was "opened for sin and uucleanness."
1
You will at once notice the distinction. ,
Not for crime but for sin. A crime is an of- t
fence to man and society. 11 is a thing of soeialogy
and sociology can takeeaveof it. But 1
sin is an offence to Ho i and God must take 11
care of that. Sin, it complic/.t.'s you with '
God and eternity; it breaks the hand that',
unites you with the Father of spirits, il puts i 1
you adrift from the grand centre of life, light i
and happiness, afloat over the boiling miseries
of eternal destruction. What ethical re- ?
formation and aesi helical refinement could '
ever unite again the golden chain which {
bound you to God or bridge the chasm between
holiness and sin? "But a vicarious
Christ can do it, the atonement that eatiiics
God's law and reconstructs your legal rein- *
tions l)eity can do it. And this grand doctrine
that meets the exigencies of our human i j
case, it is the great function and mission of
the church to preach and to overture the sons j
ui men. |.
And I would wish you In notice the ex plan- I j
atory term fur sin "and unclonnuess." It is I
not additional to "sin"' but "explanatory." M
You would suppose that this term held its!,
simple vernacular sense and meant, the vari- 1
ety of crunes and vices, such as murder, theft, j
adultery, all the contamination of a vicious 1
and depraved life. Hut no. It. means legal
separation from Goil. It is an old Testament
term and is used to denote guilt as between (
man and God. In the old law a man was rcn-1 *
dered unclean ceremonially by touching a f
dead body, by a casual contamination, by a '
disease and must wash and be unclean, some- j
times till the going, down of the sun, sometimes
for a week sometimes for several weeks. 1
But he must not approach God's altar or coiue
into the eonyrctration. un.il his annointed ne- 1
riod of cleansing expired. It expressed alien-.
ation from God and points to that great prim- j ]
ary dilliculty, which is removed by justification
and not by sunctitieation. 1; looks to the 1
atonement by which our guilt is removed and
not to regeneration by which our nature is renewed.
.Justification is a judicial sentence
freeing us from law, debt, sanctitication is an *
inward change titling us lor law-duty. It is
by the atonement we are justiiied and this M
term "iineieanncss" speaks of the great legal |,
estranged cut. It does not meair adultery, i*
theft, murder false witness and the catalogue I,
of human delinquencies. It is not the mis- j
sion of tlie church to preach about these or to ' j
strain its eloquence in denouncing these.
The-e are but the out-croppitigs of a deeper ! (
trouble, the separation of the soul from its !
(.Jod. Audit is the divine atonement, God's (
own opened in the house ol" David that can
meet this exigency. 0! my brethren, don't 1
get lost in the plausibilities of ttie popular
theory that the church isa grand reformatory 1
society, meant to elevate m m up the gradations
of moral improvement, and material <
achievement. This subordinately. But her
great mission is primarily to tell of the great
expiatory death?that great holocaust one offered
to satisfy divine justice and to preach ]
every virtue and denounce every vice only as |
they take th-.ir meaning l'rom that great <
text? The pulpit is not a lecture. The |
preacher is not an essayist. Branch out as he j'
may his argument must come from the cross, 1,
and his hand mibt point to eternity. lie)'
......... ,.nin,.?,:.. ii,i.ii.ir l.
mu^t- JH'Mf r'wituuii^ mv uiuu UKU i
makes the margin of time pointing to that 1
invisible realm "over there" where all time h
interests take interests aad permanency, and J
where overtures and opportunities are held'(
up no more.
And in telling you of this fountain for sin ; \
and uncleanness and inviting you to come
and drink I tell you what philosophy and lit- j
erature won't tell you, nay what they evermore
strive to make you forget, not that you ){
are an immoral man but that you are similar: j
that your ditiieulty is not any earthly delin-ii
uueney, but a delinquency that aittvls y? ur j
immortality; that all that is grand and won- 1
derlul in the final outcome of man is implicated
l>y it and tluit the only hope ol* a Messed J J
eternity that can in iva-oii bo entertained.:
r?|M injrtini im; UJIUUUU III mi;
house of David lur sin and utieleanne.ss.' i j
ifi^ #
Rend to the Pres.* mul linnncr for lien ami J
mortgage blanks of the best lorm.
Huy the Ciohlen Machinery Oil for engines,
gins, &e., sojp by Speed & S" culler. 12-'.'. i<
C':iI! and examine our stock of overcoats he-1 i
fore they are ail gone. P. Rosenberg ,t Co. j
Some tale style raised edge and plain visit 1
ing cards at Lawson's.
Mu. TrsTKN'sjewelry suul wateh repairing!'
business is in the ne?v store of Messrs. K. M.'
Iladdoii & Co., w liich has just been beautiful- !
ly fitted up. ]
Mi:. Ti'stkn has moved his wnfeh repairing i,
business to the new store of Messrs. it. M. J i
Haddon & Co.
Iion't forget tint Mr. Tusten is in the store i4
of Messrs. K. M. Haddon iV ('<>. | ]
(Ji:r your job pruning done at the Press ami
liminer ollJeo. (
1'. KosoiiImtij & Co. arc so'.liw^ 11,eir brooch j .
oadin^ shot guns at New York cost. j
Sweet ({11 in and Mnllien, the great medical <
p im-dy now boinsi advertised all over the)
country, tor coughs, colds, Ai\ Suid (>y Speed ]
&Nuo!lVj" - -11 i
If you want :i good overcoat ft a reduced '
price, cult on P. Rosenberg A. Co. j <
Our line of cigars and tobacco is much larg-1
or than ever before, and we only ask atrial ]
to convlcnee you ol" superior quality of same.
Spe?d <& Neuirer. "-17
Jo'inson's Xalsomino. the prettiest, cheap- .
est and most valuable preparation of th?
kind in the market, lor a testimonial ex- 1
amine Speed & Xeutier's store. 2-17 j
Prepare for tbe Winter by buving an ele- i
gant pair of bed blankets i'luju White Broth-j
CIS, ftcj't. oU. jt
rrin 1111111 m iimr?ffri a????a?m??
THE ROAD LAWS. '
A
0 c
(
3owers and Duties of County Commissioners Over I
the Public Highways,
i
1
Article 4, Section 10 of the Constitution of South Carolina, t
jives the County Commissioners jurisdiction over High- (
vays, Roads and Bridges. j
Sec. Oil. Subdivision 9, of the Revised Statutes as adopt- j
d by the General Assembly. The County Commissioners .
hall have power to appoint Special Commissioners to lay j
nit public highways in those cases where they shall be satis- ]
icd that the road applied for is important, and notice is giv>11
to the land owners through whose lands the highways i
vill pass. J
Sec. (511. Subdivision 10. Also, to appoint a Superin.
endent of highways for each highway district, cach town- (
hip being a highway district.
Sec. G18. The County Commissioners shall take charge of '
md superintend the repair of the highways in the County;
he bridges shall be repaired under their supervision, and ;
he expense of the same shall be paid out of the money in
lie Treasury raised and appropriated for this purpose ; and
ill the work on bridges, given out by the County Commis- '
iioners, when the amount shall exceed the sum of one hun- [
lred dollars, shall be done by contract; and the County
Commissioners are hereby required to advertise the same in
it least one of the papers of the County; said proposal shall,
n all cases, be accompanied by two or more sufficient sure:ies,
and the County Commissioners shall have the right to
eject any or all bids, if in their judgment the interest of the
County so require.
Skc. 620. The County Commissioners shall have power
:o provide for the payment of the Special Commissioners appointed
as aforesaid, for their time an:l expenses, at a rate
lot exceeding three dollars per day each, and five cents for
? >!!" af nftiinmopv fi-nT'nl rPJm /Irmieinnc ninrlp l\v flip
JtUJll IlJilU V71 UttVOOtU J1 UClTVli -a- HV vivviui\/ii>J mwv.v wj v?
special Commissioners may be appealed from, and reviewed
n the same manner, and with like authority, as is allowed
>y law from the acts of the County Commissioners. The
tvork 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
n which they are respectively situated, in the same manner
is other hiirhwavs of the town, citv, or County, are reciuir
id by law to bo recorded, opened, and worked : Provided,
rhis power to open new highways shall not be exercised in
my incorporated city, town, or village.
Sec. 1070. It shall be the duty of the County Commisv
i
doners of the County in which any part of the high road
nay have been or shall be diverted from its original course,
.mless by authority of law, 011 information of any two persons,
to commence a suit against any person or persons who1
nay have altered or shall hereafter alter the roacl without |
luthority, in order to compel the parties offending, as soon !
is may bo, to restore, at their own expense, the high road in !
ts course, as established by law.
Sec. 1071. The Board of County Commissioners in each
md every County shall have power to discontinue any road
low established or hereafter to be established by law, after
liree months' public notice has been given, by advertise- [
ncnt, in the settlement through which the road proposed to J
_>e discontinued passes : Provided, Tiiat no objection snail oe j
nade thereto. But in case any objection should be made to i
:he closing up or discontinuing of the said road, then the I
:ame shall be kept open and repaired until discontinued according
to law.
Sec. 1072. The Boards of County Commissioners of the
several Counties in the State are hereby authorized, on ap-l
jlication to them for the purpose, to allow the erection of'
ofmirtn liio-liu-MV* nf t'lP Kfnt(V W'llM'PVOr ill tllOil'I
udgment the same may be expedient and not detrimental
:o the public interest, subjecting the person or persons own-1
ing or erecting such gates, nevertheless, to punishment, if |
:hey fail to keep them in order.
Sec. 1073. If any person shall wilfully cut or destroy any!
j;ate which may be put up by the authority of the Commissioners
in pursuance of the foregoing Section whilst the same
is kept in good order, such person shall pay a penalty of twen
ty dollars!, to be recovered by an action at the suit of the County
before a Trial Justice. And if any person shall wilfully
leave open any gate as aforesaid, such person shall be liable
to pay a like penalty, to be recovered as aforesaid.
Sec. 1074. If any person shall wilfully and maliciously
lcstroy, injure, or in any manner hurt, damage, impair, or
obstruct any of the public highways, or any part thereof, or
my bridge, culvert, drain, ditch, causeway, embankment,
.,-.11 4-..11 niv?r?+ir?n lifjlfttimnff tllPrP.
\\ <111 , IUII LV711 Wl vymvi wvvhwk uviuii0ii>b I
to, or any part thereof, ttie person *o offending shall, upon j
conviction thereof, be imprisoned not more than six months, |
:>r pay a fine not exceeding five hundred dollars, or both, at;
the discretion of the Court before which the conviction shall
take place, and shall be further liable to pay all the expense
3f repairing the same. '
Sec. 107o. 1 f any person shall cause any obstruction to be j
placed in any part of the said highways, or on any bridge or j
ni> win/lnp flnntrftrntis m* I
lUCU'lJi, BU iW LVJ V?/Oll ltv.1. V/J. Itmn.1 uitii^vi uwu w* i
difficult the passage of carriages or other traveling thereon,!
uul shall not immediately remove the same when required,
tie sliall be deemed guilty of a nuisance, and on conviction
thereof before a Trial Justice shall be fined in a sum not ex- j
ceding ten dollars nor less than two dollars, and shall be fur-1
tlier liable for the expenses of removing the said nuisance.
Sir.c. 107(5. Tn the event the corporators of any incorpor-1
ited town 01* village in tlii.s State refuse or neglect to appoint!
md 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
* '' :/.i. ,
ill such roads ana slivers, logetner wwi mi mil-ji iuuu iuimuv
I
is 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 Counties j
generally.
Ski*. The County Commissioners in this State are
lieivby authorized and empowered to have special supervis-|
ion of the building of new bridges over the rivers.
ind crocks of this State; also of extra and expensive j
repairs of old bridges. "When such work is to be accomplished,
the Commissioners shall give fifteen days'!
notice in the County paper, and in writing duly post-;
jd in the neighborhood in which such work is to be.
performed, giving notice that the Commissioner of the sec-,:
tion in which such work is to be performed will be at such a
place on such a day and hour, with suitable specifications to'!
let out such work to the lowest bidder, and to take, from the
successful bidder, sufliciont bond for the faithful performance i
>f his duty. When the work is <ione, u siuui nc ni.spucicu ?
?y the Commissioner letting it out, whose duty it shall be to :
eport the result of his investigation to the full Boaid, who ]
shall accept or reject the same according as they may deter- i
MM?a?yaaaa?amaw?n???WUMIUJM?wvjj. u
nine whether or not the constructor has or has not complied pi
vith the terms of his contract. If any bridge over waters j oc
)f this State which constitute a boundary line between j pi
bounties shall be necessary to be erectcd or repaired, it shall | in;
)e the duty of the Commissioners of such Counties to cause, pe
cm*v?a V*rv ah irorl in llin monr>or ofAroaairl ! f/v
;I1U JNUIIV; h/ UC I/ICLIUU ua lvjjunv/vt a** viiv iiiamiV'x u1\m j avi
>ach County bearing an equal share of the expense so incur- j pe
ed. And when any such bridge already exists, or shall j sa
lereafter be built, it shall be the duty of said Commissioners j O
:o divide the same, by measurement from the centre ; and'sa
;ach Board shall be responsible for the good condition of the j of
lalf next adjoining the County in which they exercise the Ji
unctions of office. And when it becomes necessary to build si<
i new bridge, or to entirely replace an old one which has su
- 1 -1 "A 1 ! . T. .11 1- ~ 11.^ ~ J* 11_
)cen carried away or uesiroywi, it snaii uu uiu uuiy ui uie in
Boards of the two Counties to do the same as aforesaid. in
g*
Powers and Duties of Superintendents of Highways. ^
Sec. 1083. Each Township in the several counties of this V]
State shall constitute a highway district, and it shall be the
iluty of the Board of County Commissioners of each Coun- **
ty annually, during the early portion of each year, to ap- 111
point some suitable and proper person Superintendent of ai
Highways for each highway district ; he shall be a person 01
resident in the highway district for which he is appointed,
iind of those liable to road duty therein, and by reason of rc
his office exempt from said duty. Each Superintendent of
Highways shall hold his office and be required to discharge
the duties of the same for twelve months from the date of
his appointment. He may be removed by the County Com- ^
missioners and another appointed to fill out his term, if, for 11
any cause, they shall deem his removal necessary or proper; ^
he shall have general supervision of the highways and roads c(
in his district, under the direction of the County Commissioners.
He shall once in every three months report to the ^
County Commissioner in writing the condition of the roads 11
and bridges in his district.
Sec. 1084. The Superintendent of Highway Districts ^
- - - - - .. ,, w
shall divide the highways in ins district into suitame sections
or districts of not less than two nor more than five ^
miles each; and he shall appoint an Overseer of Roads for s(
each of said sections or districts. lie shall also divide the tl
persons liable to road duty in his highway district into con- ci
venient and suitable squads or companies, and assign a cl
squad or company to each Overseer of a section or district, n
He shall, as far as practicable, assign the road hands to the tl
nearest roads. He shall require the Overseer of Roads in d
his highway district to call out the hands assigned to their p
respective sections or districts, and work the roads, and re- \i
pair and build bridges of same, whenever he may deem it m
necessary, after twelve hours' notice; and shall require ev- s<
ery road hand to bring with him for use a hoe, axe, mat- t]
+/-vnl <*/?! nn +lir? rnnil nr liriflirpc*. a
llAJlVj 171 UtilLi lUV'i iv;i >? uxiv v/n vuv a v-r* ?
lie shall determine the number of days for each working, n
and the tools to be brought by each road hand: Provided, ft
That not more than t\v6lve days' work are required of any a
one of hand in a year. When the County Commissioners, b
or any of them, give orders to the Superintendent of High- e
way Districts to have any work done in his district, and he tl
neglects to do the same, he shall be deemed guilty of a mis- e:
demeanor, and, upon conviction thereof in a Trial Justice's d
Court, he shall be fined in a sum of not less than ten nor C
more than fifty dollars; and the Overseer of Districts, for|t<
neglecting to call out their hands and work the roads when
required by the Superintendent of Highway Districts, shall
Kn cmiifv nf n misdompjinor. and. unon conviction
,yv> ^ V.. - V ^ v. ? ? 7 1 X - thereof
in the Court above named, be fined in a sum of not
less than live nor more than twenty dollars. Whenever a ^
highway runs along the line of two highway districts, the ^
Superintendents of the same shall jointly divide the high- ^
way into suitable sections, and appoint an Overseer for each
of said sections; and they shall assign to each Overseer from
their respective districts, or from either district, such laborers
and road hands as may be necessary to work the same.
Each Superintendent of Highway Districts shall cause his a
/"V ...nnlrln/f dnnfiAnc in TVll irill Hinronrp lirifln7""5 n
UVUl'SCfl&J WIIUl UULlVllIi^ HJ11V1I V. Hi W ^r* , til
to have such repairs or work clone on such bridges to preserve
them and keep them in order, as can conveniently be
done by the road hands. And in case the needed repairs to j rj
bridges are of such a character that they should, in the opin- ..
ion of the Superintendent, be given out under contract by
the'County Commissioners, he shall report the same to said
Commissioners without delay. ^
Sec. 1001. It shall be the duty of the Superintendents of!
Highways, in their respective Counties, to cause all roads jfi
heretofore laid out, or hereafter to be laid out, leading cli-jti
rectly from any part of this State to Charleston, George-|p
town, Columbia, Camden, Hamburg or Cheraw, to be made'ti
and cleared thirty feet wide, and all other roads shall be
cleared twenty feet wide.
Sec. 100"). The Superintendents of Highways shall cause
all the roads in their respective districts to be posted and j
numbered, and, at each fork of raid roads, a pointer to be S ^
placed declaring the direction of such roads. And if any e
person or persons shall cut down, burn, or deface any mile- i
post or stone, or pointer, erected as aforesaid, he, she, orjv
they, upon conviction thereof, shall forfeit and pay the sum: s
of ten dollars, to be recoved by indictment or information n
in any Court of competent jurisdiction. f
Sec. 10GG. Any Superintendent of Highways neglecting to; d
cause said roads to be posted and numbered, and to have point- j ^
crs erected as aforesaid, shall be liable to pay the sum of ten ! j
dollars for each and every such neglect, to be. recovered by b
indictment in the Court of General Sessions of the County Q
wherein the same occurs, to be collected and paid to the jo
Treasurer of such County for the use of the County: rro- ^
vided, That no Superintendent shall be liable to said penal- ^
ty who puts up said pointers at such times as he works his'a
road division. i
0
Powers and Duties of Road Overseers.
1 v
Sec. losr,. Any person liable to road duty, who shall'e
lwivn honn dnlv warned twelve hours before the day fixed ie
iii his notice for such working, stating the hour and place of ^
working, shall be subject to the direction of the Overseer in Q{
charge. If any person of the legal age shall neglect to ap-! ti
pear or shall refuse to work upon the highways and roads, j:
(having no justifiable excuse,) according to the direction of tl
the Overseer, lie shall be deemed guilty of a misdemeanor, i(,(
and, upon conviction thereof before a Trial Justtce, shall be!*.*
" 1 i\fi\ nni' mm*<> fhiin tf>n
nncu 111 a ?uiii liui imui 11 > 14v/* n.viv, v..iu. vvy?* j
dollars, or bo imprisoned in the County jail for a period of ^
not less than live nor more than twenty days. ! ^
Sec. 10SG. On any extraordinary occasion, when anyjiii
highway shall be suddenlv obstructed by storm or other- ?
17 1 | \\
wise, so as to require immediate labor to remove such ob-;8]
struction, it shall be the duty of the Overseer, in whose dis-'si
trict such obstruction occurs, to proceed forthwith to have ^
such obstruction removed, and for this purpose shall sum- ii
i
nion to his aid ft sufficient number of worKinen :o open !
11
and repair such highway. If any person shall, in such k
rase, perform more days' labor than is required by law ('
for the year, he shall be paid for any such overplus, at the1*1
rate of one dollar per day, by the County Commissioners,
upon the certificate of the Overseer showing mat sucn over- si
u [iiuuMjmmji
wmMum*.xiWvM?wumjwmjjn 11 ! n ?maaamatrnmm>
us of labor was performed. If, on any such extraordinary
casion, the Overseer shall, for the space of a day after apication
made to him for such purpose by any citizen resid
g in his district, neglect to cali out a sufficient number Of
irsons to speedily open and repair such highway, he shall
rfeit and pay to the Treasurer of his County, to be exuded
in the repair of highways, when %nd where necesry
in his district, the sum of fifteen (15) dollars, unless the
v'erseer shall show sufficient reason for such neglect, the
id fifteen dollars to be collected by an action, in the name
such County Commissioners as plaintiffs, before any Trial
istice in said County. If, on any such extraordinary occadu,
any person liable to work on highways, after being
mmoned for the purpose of removing such obstruction by
p nrrlor of flip Ovfirsoer. shall neerlect to turn out and assist
opening and repairing such highway, he shall be deemed
lilty of a misdemeanor, and upon conviction thereof in
iy Trial Justice's Court, shall be fined three dollars per day,
id fine to be collected and expended as hereinbefore proided
in the matter of forfeitures of Overseers.
Sec. 1088. The County Commissioners shall authorize
ie Overseer of any district to allow a man working one day,
id also furnishing a horse, plough, or cart, two days' labor;
id one working himself for one day, and furnishing a wag >
nnfl Viamoo mnloi! np Avon fhroo rlnxrc' lahnr
1 auu IVY V liUlOVlJj IXIUIWJ V* VAV1ij ViAAV,V^ WIVJW
Sec. 1089. In warning men to work upon the public
>ads, the Overseer 9hall make out a list for the warner, renirinff
him to give notice to each person the kind of tool he
mil use in working upon the highways arid roads. And it
lall be the duty of any employer to furnish to the Overseer
list containing the nances of all persons in his employment
able to road duty, whenever the same shall be required of
* 1 y-v TT J_! i?. _ 1? I v
im Dy saici uverseer. upon ine ianure 01 any employer iu
>mply with such demand, he shall be guilty of a misdeleanor,
and, upon conviction thereof before any Trial Jusce,
shall pay a fine of ten dollars, or ten days' imprisonlent,
for every such offence.
Sec. 1092. The overseers in their respective districts shall
ave full power to cut down and make use of any timber,
rood, earth, or stone, in or near the road, bridges, or cause'ays,
for the purpose of repairing the same, as to them shall
>em necessary, making just compensation therefor, should
le same be demanded; overseers shall not authorize the
jtting down of any timber trees reserved by the owner in
[earing his land or planted for the purpose of shade or orna-"~
lent, either in the fields, around the springs, or about
le dwelling houses or appurtenances, nor the cutting
own of any rail timber when other timber may be
rocured at or near the place, or take stone or earth from
rithin the grounds of any person enclosed for cultivation,
without the consent of the owner of the same. If any per}n
or persons shall by any means hinder, forbid, or oppose
le said overseers, or either of them, from cutting down
nd making use of an^- timber, wood, stone, or earth, in or
ear said roads or causeways, for slight repairs of bridges,
)r the purpose of making or repairing the same, or shall in
ny manner obstruct the passage of said road, causeways, or
rulers, hv elites. fences, ditches, or anv other obstructions,
? 7 ~%l O / / /
xcept where authorized by lay, or shall hinder, forbid, or
hreaten any traveller from travelling any public road, evry
person, for such offence, shall be deemed guilty of misemeanor,
and, upon conviction thereof in a Trial Justice's
'ourt, shall be fined in a sum not less than five nor more
in dollars.
Persons Liable to Road Duty.
Sec. 10S9. All able-bodied male persons between the ages
f sixteen and fifty years shall be liable annually to work on
he public highways and roads not less than six nor more
lian twelve days, under the direction of the Overseer of the
istrict in which they may reside.
Persons Exempt or Relieved from Road Doty.
Sec. 1090. Teachers and students of schools and colleges
nd ministers of the Gospel, who are serving a congregation
s pastor, shall be exempt from road duty.
. All persons liable to road duty, and not residing in any inorporated
town or city, are authorized to pay to the County
'reasurer of the County in which they reside, a commutaion
of two dollars in lieu of the time which said persons
nVht annually be required to labor upon the public roads,
O v - _
riiich in no case shall be less than six nor more than twelve
lays in any one year, as the County Commissioners of the
pvernl Counties may direct. The County Treasurer shall
.lrnish such person, on payment of saicl commutation, a ccrificate
showing that fact, which shall relieve the person so
aying from road duty for the year in which said commutaion
tax is paid.
Miscellaneous Provisions.
Sec. 1067. It shall be lawful for any citizen of this State,
vor whose land any road may pa??, other than a public
' 4 1 * " ? '1 AiT>m'nn> /\i?
ighway, to ereci gates tnereon ; anu mc pci-awuo ummi^ (?
recting such gate shall be liable to be indicted for a nuisance
f they fail to keep them in good order.
Sec. 10G8. In case any person or persons shall interfere
nth, injure, destroy, or wilfully leave open any stich gates,
nch person or persons shall be liable to indictment as for a
nisdemeanor.
Sec. 1009. Any inhabitant of this State shall have power,
or the purpose of draining his or her lands, to cut a ditch or
itches, canal or canals, across any public highway in this
fnfp : Provided, Such person shall be bound to briclge such
itch or canal, under the direction of the Superintendent of
lighways for the district in which such ditcli or canal shall
e cut, and keep the same in good repair for one year, after
I'ltich time the Superintendent of Highways for the district
hall take charge of such ditches or canals and keep them
pen and in repair.
Sfx'. 1087. Any person who shall receive bodily injury or
amage in his person or property through a defect in the reair
of a highway, causeway, or bridge, may recover, in an
ction ngainst the County, the amount of damages fixed by
he finding of a jury. If snch defect in any road, causeway,
y bridge, existed before such injury or damage occurred,
nch damages shall not be recovered by the person so injured,
* bis load exceeded the ordinary weight.
cs -. moo If flio r?nnnrionpf>inont of an action pro
ITM'-Vv JWW. X 1, i;v,iwkv utv
ided for in the foregoing- Section, the County Commission's
ten dor to the plaintiff the amount which'he might be
ntitied to recover, together with all legal costs, and the
iaintifF refuse to accept tho same, and does not recover upn
*nh<soniipnt trinl a sum larger than the amount so tender
rl, the defendants shall recover costs and the plaintiff be entled
to the results of no verdict. If the Commissioners of
ny County neglect to have repaired any of the highways
nd bridges which by law are required to be kept in repair,
ley shall be deemed guilty of a misdemeanor, and, upon
mviction thereof, shall be fined in a sum not less than one
undred nor more than five hundred dollars, in the discreon
of the Court.
Sec. 1003. If any person liable to perform such labor
mil remove from one County to anotner, wno nau, pnur to
leh removal, performed the* whole or any part of it, or in
ny other way has paid the whole or any part of the amount
foresaid in lieu of such labor, and shall produce a certificate
r receipt of the same from the Overseer of the district from
hich such person has removed, such certificate or receipt
/lioohnirrn fm? flip flniOlint tllOrOIll
mil ()|KTillU clB il IU1IIJUCI\; vnr'v. I iiiA t\,A V..V- ?
wified. The residence of any person, who has a family,
uill bo hold to be where his family resides, and the rosiimh'C
of any other person shall bo held to be where he boards
1 any County of this State.
Sec. 109"). It shall be the duty of all owners of mill dams
id bridges in connection therewith, over which any public
ighway shall pass, to keep the same in good repair, and no
omity shall be responsible for repairs upon the same except
lat the Superintendent of Highways may have said dams
id bridges repaired in the ordinary'way of repairing high
1 ?... :c fYmnfv Pmnmis.
miu uiiuj?v>, u, in iiiv \7]iiiiiv/n v/i n?^ wuKitw
oners, sucIj ordinary repairs be just.