Historical Newspapers of South Carolina

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^? II? I I I ? A- REFLEX OJT POPULAR E^TETsTT?. ^>tpiliMiaaBaBBgB|'i ' > 11 ip " ?.. .i1 , . .. i ' ... , 1 - "MMMI VOLUME XV. GREENVILLE. SOUTH CAROLINA. MARCH 17. 1869. NO. 43. gegg^fia-? U'ii-'-Jj.-! - uk -E-U. ?l ?l?l ? 0. F-. TOWN ES, KD1TOR. < t c. lAiurr, fw'i. mu amwUu mtw, ; BoMcmtmow Two Dollar* fw annum. ? Asn<*MwnM IkMttel at the niM of | *?n? duller per aquare of twelve Minion liner XtbU llud Iff*) or l?M for tbo Ant insert ion, 1 %(tjr cent* tark for tbo Monad and third ln?or- J Mom, end twenty Ave cents for subsequent . Insertions. Trrrly coutrecU will bo tnndo. Ail advertisements Quit have the number C Vkf Insertions marked oa tbem, or (bay will be g to sorted till ordered out, and ebarged for. Unless ordered otherwise, Advertisements c ViU Invariably be " dlaplayed." Ohitnary notices, and all matt era taurine to | to tbo benefit of any one, are regarded aa i Advertisements. II * M???????o?e?? o An Aet to Orfranise Townships, and I to Define their Powers and Priv- v ileges. i 1. Be it enacted by the Senate laud U0U80 ?f Representatives of c the State of South Carolina, now ( tnct and sitting in General Assetn- c bly. and by the authority of tlie S rm._ > - tmrmv, jlito iniiHuiinnis 01 every g township are hereby declared to fee a body politic and corporate, J Arid fey tbeir corporate name may p eno and fee 8ued, prosecute and de- a fend any proper action or suit at tl law, ana may appoint all necessa- o ry agents ami attorneys in that be- / half. n ; II. Said townships may hold c real estate for tho use of tiro In- f? habitants, and may convey the same either by a vote of the in* u habitants or by deed of their com- n inittee or agent; may hold per- o eon a! estate for the public use of tl the inhabitants, and alienate and n dispose of tbe same by vote or ii otherwise; may hold real and per* ? eonal estate in trust for the sup- a port of schools and for the promo- tl tion of education within the limits v of the town ; may make contract* d necessary for the exercise of their q corporate powers ; and may make tl orders for the disposal or use of tl their corporate property, as they v anay judge necessary and expedi- v> out for the interest of tho iuhab- t< , itants. 111. Said towns may, at legal tl meetings, grant and vote such A sums ot inonev asthov mav iodise qj fteccssary for the following pur- u poses : 1. For the support of town q schools. 2. Laying out, discontinuing, making, altering and re- d pairing highways, and for labor ti and material* to be used thereon, tl 8. For burial grounds. 4. For nil h necessary charges and liabilities it arising therein. tl IV. The lines between the o ttowns in this State shall be nerain- n bulated, and the marks and bounds o renewed once in every seven ie years forever, by the Selectmen of ft much towns, or by such person as si they shall appoint for such pur- c jKMa V. Every male citizen of tho p -age of twenty-one vcars and np- n wards, resident within the town- a trtirp, -tjliall be allowed to vote, tin- v der the same limitations and re- t< - atrictions as provided in Section 2 o of Article VIII of the ConRtitu- t< iion for a voter in tho county, ajt f. affi -meetings held for tho transac- fi tion of town >>11810688. YL The annual meeting of e' each town shall be held on the ir ccond Tuesday of April; and u other meetings at such times as ii the Selectmen may order. - Meet- c! ings may be adjourned from time st to time, and to any place within p the town. e VII. Every town meeting shall ti 1m h?W in pnrsnance of a warrant h UnHor tliA Lanrl. ?!-. . v ?rwnvMi VI %II? u or a majority thereof, directed to b the Constable, or some other per- n eon appointed by the -Selectmen <?r that purpose, who shall forth- C with notify snch meeting in the a manner prescribed by law. ir VIII. The warrant shall express 01 the time and place of the meeting, m And the subjects to be there acted 01 upon ; the Select men shall insert it therein all subjects which may, in & voting, be requested of them by SMiy ten or more voters of the si town, and nothing acted m>on d hall have a legal operation unless o the subject matter thereof is con- c< tainsd m the warrant. n ia. it tne selectmen onrcneon- a ftbly refuse to call a meeting, any .? ? J[notice of the Peace of the town, ir Upon the application of ten or oj moro loval voters of the town, cl Mj eall tech meeting, by war- *< rent wider hie hand, directed to c? the Constable of the towu, if any, 8 otherwiee to any of the person* ir applying t herd or, directing them ir , to nmnon the in habit Ante qneliled to vote In town affairs, at the ic time an 1 place, and tor the per- Ii< poeee expressed in the warrant. jx X. Constables or other persons leeignated to summon the inhab* tants to assemble in tiarl meet* ng, annual or special, shall 6crve he same by posting said sum* nons in at least three of the most mblic places in their respective owns at least fourteen days, exilusive of the day of posting such amnions, before the time appoint* d for snob meeting. XI. If, by reason of death, rcsgnntion, disqualification or renoval from the town, a majority the Selectmen thereof original* y chosen vacate their office, those rho remain in office may call a own meeting. XII. At every town meeting, xcept the first called by the Jonnty Commissioners, and ex* ept for the election of national, date* Circuit and conntv officers. , Moderator shall first l>e chosen. XIII. During the election of ifoderator, the Town Clerk, if 'resent, shall preside; if he is bsent or there is no Town Clerk, lie Selectmen present shall choose ne of their number to preside.? Lnd the Town Clerk and Select* iion, respectively, shall, in such ases, have the powers and per >rm the duties ot Moderator. _ XIV. Moderators shall preside n the meeting; may in open fleeting administer the oaths ot ffice to any town officer clmsen hcrcat shall regnlate tho busiees and proceedings of the meet'.g; decide all onestionsof order, ubiect to appeal to the meeting, nd make public declaration of lie result of all voters. When a ote so declared by him is initneiately upon snch declaration nestioned by seven or more of ie voters present ho ehall make le vote certain by polling the otes or dividing the meeting tor rhich purpose he may appoint liters. XV. No person shall epenk in le meeting without leave of the lodera or, nor while another per[>n is speaking by his permission ; nd all persons shall at his re test be silent. XVI. If a person behaves in a isorderly manner, and after noIce from the Moderator persists lerein, the Moderator may order im to withdraw from the ineetig, and on his refusal may order ?e Constable, or any other person r persons, to ?ake him from the leeting and confine him in some onveruont place until the meeting i mijuuriivu. xiio person so rcising to withdraw shall, for every ucb offence, forfeit a sum not exeeding twenty dollars. XVII. A Moderator or other residing officer who, at a town leeting, before the poll is closed nd without the consent of the oter, reads, examines, or permits > be examined, the names written n snch voter's ballot, with a view ) ascertain the candidate voted >r by him, shall forfeit the sum ot ttv dollars. XVIII. At the annual moeting, very town shnll choose from the ihabitants there->t the following >wn officers, who shall serve durig the year, and until others are lioeen and qualified in their ead : 1. A Town f51?rW. who If resent, slia.11 be forthwith sworn, ither by the Moderator or n J usee of tho Peace. 2. Three Sejctmcn. 3. One or more surreyra of highways. 4. One Constnle. All the town officers dosigated herein shall bo sworn. XIX. The election of Town lerks, Selectmen, Constables nd tho Moderator of the meetigs hold for tho choico of town [fleers shall bo by written ballots ; nd the election of all other town [fleers in such mode as the meot ig determines, except in cases th?aadse provided by law. XX. Every person chosen donah's shall, if present, forthwith , eclaro his acceptance or refusal f the offlco; if he does n<?t ac? ept, the town shall proceed to a ew election nntil some one acepts the office and takes tho oath. "XXI. If a town, at the annual teeling, fuila to elect a full Board f Selectmen, or if any persona Itosen are disqualified, refuse to ct, or omit to l>e qualified acjrding to law, the Selectmen or elcctman clioeen and qualified lay sign warrants for town tno< tigs until a full Board is elected. XXII. The Selectmen of each iwn may at any tune appoint pose in en, with all or any of ti c 5were of Constables, except the powor of serving and executing civil process, who shall hold their office during the pleasure of the Selectmen by whom they are appointed. XXIII. After the election or pointment of town officers, who are required to take an oath of of-! fice, the Town Clerk shall forth-! with make out. a list containing the names of all such persons nut sworn by the Moderator, and the designation of the offices to which they are chosen, and deliver the same, with his warrant, to a Constable, requiring him, within three days, to summon each of such persons to appear and take the oath of office before the Town Clerk within seven days after such notice ; and the Constable shall, within sovon days, make return to the Town Clerk. XXIV. If a person so chosen and summoned, who is not oxompt by law from holding tho office to which he is elected, shall not, within seven days, take the oath of office beforo the Town Clerk, or before a Justice of the Peace, and file with the Town Clerk a certificate theroof, under the hand of each Justice, lie shall, unless tho office to which he is chosen is that of Constable, or some other for which a different penalty is provided, forfeit five dollars. XXV. A person removing from the towu in which he holds a town office thereby vacntes such office. XXVI. When a vacancy occurs in a town office by reason of nonacceptance, death, removal, insanity or other disability of & person chosen tliereto, or by reason of failure to elect, the town may fill such vacancy by a new choice at any legal meeting. * XXVII. No person shall be obliged to serve in the same town office two years successively ; and no person ill commission tor any office m this State or of the United States, or who is a minister of the g ape I, or a member of the Senate or House of Representatives, or who has been a Constable of a town within seven years next proceding, shall be obliged to accept the office of Constable. . XXVIII. Town Clerks shall record all votes passed at the meet-1 ing at which lie is elected, and at all the other meetings held during 1 his continuance in office. j XXIX. Ho &hall administer the oath of office to all town officers who appear beforo him tor that purpose, an i shall make a record thereof, and o' oaths of office taken before Justices of the Peace, of w .ich certificates Tiro filed. XXX. When at a town meeting tliere is a vacancy in the office of Town Clerk, or he is not present, the Selectmen shall call upon the qualified voters present to elect a Clerk pro tempore in like manner as Town Clerks arc chosen. The Selectmen shall sort and connt the votes and declare the election of such Clerk, who shall be sworn to discharge the duties of such. office at such meeting, and l>e subject to like penalties for not discharging them as Town Clerks for the neglect of the like duties. XXXI. When other duties than those mentioned in the preceding Section are required to be performed by the Town Clerk, and by reason of death, removal, or othor cause, there is a vacancy in such office, or snch Clerk is pre venrea Trom performmg such duties, the Selectmen may, in writing under their hands, appoint a Clerk for tho performance thereof, who shall bo sworn, mid immediately alter entering upon the du ties of hia office make record of such election or appointment. XXXII. Every Selectman who enters upon the j>ertormance of liia duties before taking the oath of oIKeo shall forfeit for eaeh offence a an in not excocuing one hundred dollar#. XXXIII. Selectmen shall be overseers ot the poor in towns where other persons are not speciallv chosen tor that office. XXXIV. Hie Selectmen of towns shall, At least ten dAys beforo the annual town elections, and at least ten days before auy general election, make- correct alpha helical lists of all persons qualified to vote at such elections; and shall at least ten davs before such election, cause such lists to he posted tip in two or more public places in their rcsppctire towns. XXXV. The Selectmen shall be in session at some convenient place for a reasonable time within forty eight hours next preceding all meetings for the election of the officers provided tor. iu this Act, and to be elected at any general election, for the purpose of receiving evideuce of the qualifications of persons claiming a right to vote in such elections and of correcting the lists of voters. Such session shall be holden one hour before the opening of the meeting On tlio day of election ; and notico of the time and place oi holding sessions snail oe given by the Selectmen on the lists posted np as aforesaid. XXXVI. In every place where the number of qualified voters exceeds one thousand, n like session of the Selectmen shall bo holden immediately on the day preceding the meeting, and for as much longer a time previous to said day as they judge necessary for the purpose aforesaid. XXXVII. The Selectmen 6ball enter on such lists the name of any person known to them to be qualified to vote, and shall erase therefrom the name of any person known to them not to be qualified to vote. XXXVIII. The Selectmen before entering upon the lists the name of a naturalized citizen, shall require him to produce for Iheir inspection his papers of naturalization ; and be satisfied that he has been legally naturalized ; but they need not require the production of such papers after they liavo once examined and passed upon them. XXXIX. Whoever gives a false namo or a falso answer to the Selectmen when in session for the purposes aforesaid, shall forfeit tho sum of twenty dollars for each offence. XL. A town officer who neglects or refuses to perform any duty rc quired of him under the provisions of this Act shall for every such offence, forfeit the sum of iwo iiunarea dollars. XLl. The Selectmen shall have the general supervision of the concerns of the town, and shall cause all duties required by law of towns, and not committed to any particular office, to be duly per- I formed uud executed. XLll. The Selectmen shall, on 1 or before the iirst day of January in each year, ohtuin from the County Auditor of heir respec- ' tive counties a certified copy of tho list of persons and taxable property in tli :ir respective towns as determined by law for the as scssmcnt of State and county taxes ; and shall, in pursuance ot the vote of the town at its last annual meeting, make out and deliver to the County Treasurer, on or before the fifteenth day of January in each year, a tax bill tor the collection of town taxes. XLIII. The Selectmen shall an* dit and in their discretion allow uic claim 01 any person, agnb st llie town, for money paid for services performed for the town according 10 law, and may draw orders on the County Treasurer tor sums so allowed. XLl V. The Selectmen shall keep a record of all accounts by them allowed, and all orders drawn on the treasury, and shall present to the annual town meeting a general statement thereof, and of tho property, finances pecuniary condition <rf the town. XLV. The Selectmen shall make out and present to tho annual town meeting estimates of the amount necessary to bo raised to pay tho expciisos and liabilities of tho town for the year ensuing, and of the rate of taxation necessary to he imposed to raise the same. XLVl. For the purpose of keep inginrepnir highways and bridges, the Selectmen of each town shall annually, previous to the fifteenth day of January, assess a tax of eighteen cents on every hundred dollars of the lists of such town to Kn nai/1 tit nmiio*r In t/v j'wim wi i?uvi ) tii inc option of the tax payer, ana laid ont in repairing highways and bridges; and shall annually, on or before the said fifteenth day of January, make out a tax bill tor each surveyor, containing the i amount of tax to be laid out by him in his district, with the amonnt of each person's tax anuexed to his name, accompanied with a warrant, signed by sotne Justice of the Peace of the town aittnorizing inch surveyor to polled such * tax; and the Selectmen shall deliver the several tax bills to the 1 respective surveyors, and take \ their receipts for the same. I XLVII. Each person who shall J furnish work on the highways in ] payment of his highway tax as- i sessed by the Selectmen shall be i allowed, tor a good hand, at the ' rate of ten cents for each hour f i and the several towns at the an- < nnnl meetings, and in case of theif 1 neglect, the Selectmen may establish the price to be allowed for i teams, carriages and tools to bo 1 employed in tnak'ng rtpiirs : and I in case of tbe failure of both the i town and Selectmen to establish such prices, it shall bo the duty of the highway surveyor of the district to make such allowances for the use of teams, carriages and tools as shall l>e equitable and i ? ?#.* J lto1 XLVIII. The Selectmen shall divide their respective towns into a 6utiicient number of highway < districts to be convenient for re pairing highways, and may from time to time, alter the same ; and it shall be the duty of each surveyor ot highways to superintend the expenditure of the highway tax, and to take charge of and keep in repair at all times the highways in his district; and he shall bo responsible to the town tor any damages which may bo sustained by the town through fault or neglect of the discharge of his duty. XLIX. For the purpose of keeping the highways and bridges in repair, the several towns in this State, ut their annual meeting, or i at any other legally warned meet- I ing for that purpose, may raise by vote a tax of sucb a per cent, on i the list of such town as 6uch meet- < ing may think necessary, in addi tion to the tax assessed by the Selectmen, to be paid in labor and i expended in the several highway districts: Provided, That if, in i the judgment ot the Selectmen ot i the town, any of the highway dis- i tricts of such town shall not re- < quire the whole amount of tiio tax 1 accruing from t e list ot highway districts to be expended within its 11inii8, it snail ik3 appropriated in anv part of such district where the Solectmen shall direct. L. The surveyors of the several I districts, after receiving their sev- i oral tax bill9 aird warrants, ghall < jiroeced to give notice to the sev- i eral pcrsonB 'liable to pay taxes in their districts oi the amount of I their taxes, and of the time and t place in which, and teams, carri- i ages and tools" with which, they are required to pay their taxes in ? labor ; but no person shall be lia- i bio to furnish any team, carriage i or tool of winch he is not the own- i er, except hoes, shovels or spades. 1 LI. Such notice may be given 1 to all persons resident in the town, either personally or by written notice left at their usual residence, and to non residents by I a written notice left with, or at the 1 residence o\ their tenants, agents < or other persons having the care 1 of their property ; all ot which no- 1 tiers shall bo at least three days, 1 and case of persons residing out I of the town, at least ton days, be 1 tore the time Appointed tor tliein' I to commence their work; and it | such non-residents shall have no i tenant or agent in the town, notice I may he posted up in 6otne public < or conspicuous place* in tf?c dis- J trict; and the survej'ors shall make and keep a minute of the i time and manner in which the notice shall be given. i L1I. Any person, after he has i commenced working in payment i of his highway tax, shall be snb- < ject to the surveyor, as to the times ; when, and the places where, his tax shall bo paid and laid out in 1 labor. i L1II. At lerst three fourths of < the highway tax in any town, pay- i able in labor, sball be collected I and laid out between the fifteenth *io? ..r 1 js? J I unjr ui u niuiai V iiuu ?HO urHl Uliy I of May, and the remainder he 1 tween the lirst day of September ! and tho first day of November in each vcar, except as hereinafter i provided. I 41V- On any extraordinary oc- ' caeion, when any bridge or high- 1 way shall bo destroyea or impair ' ed so as to require immediate re- 1 pairs, or shall be obstructed so as 1 to reqnire immediate labor to re < move the obstruction, it shall b > 1 the duty of the surveyor fbrthwit i ' to cause tho highway or bridge t > be repaired or tbe obstruction removed ; aiid he may for that parpose call upon and notify any inhab tant of tbe district to afford him tbe necessary aid, or may hire other laborers, or employ other ineaus to open or repair tbe highway and briugea \ and in such case the notice shall be deemed sufficient to anv person owing taxes payable in the district, in order to make him liable for neglect to pay bis tax money, if such notico shall be given 0 hours previous to the time when he is required to appear and labor. If any person shall, in such case, perform labor more than sufficient to pay tbe taxes due from him, or if a person not indebted for taxes shall perform labor, the amount of such labor, or the balance, may bo credited to such person toward* bis highway tax the succeeding* yeftr. LV. If in such case Atiy attrirey' or shall, fur the space of twoirtf hours after application made to him for that purpose, neglect to call upon the inhabitants of his district, or Use other proper measures to repair or open the highway or bridge whicn may be out of repair or obstructed, he shall forfeit and pay to the Selectmen of the town, to be expended in repairing highways in such district, the sUtn of tcu dollars, with coats, to be collected in the name of tho town, unless snch surveyor shall show sufficient reason for snoli neglect. LVi. If in such case any inhabitant of any district, whoso name shall be on tbe tax bill of such district, whether any tax shall bo dna from him or not, shall for the apace of six hours after being called on, or notified, by tbe surveyor for that purpose, without sufficient reason, neglect to turn out and assist in repairing or opening such highway or bridge as be shall be required, he shall forfeit and pay to the Selectmen of the town the anm of three dollars, to be collecti'd and expended as provided in the preceding Section-. LvII. If any person against whom a snrv^-oTP shall have a tax payable in labor shall neglect after being notified, as provided in this Act. to work out his tax, shall be liable to pay his tax in money ; und tho surveyor shall proceed to collect the same, and shall have ill the Dower which the fYinntv lYcasurer lias by law to collect State taxes ^ and shall proceed in the same manner in the collection, iiul shall have the same fees. LVIII. It shall bo the duty of each surveyor 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 hie tax bill, or received in any other way for that purpose. LlX. Each surveyor shall keep fair and regular accounts of all labor performed and all moneys received and expended in bis district, and of the labor that inay have been performed by any persons ?>ver and above their taxes, find make return of his accounts to the Selectmen annually in the month of December. And it shall he the duty of such surveyor to pay over to the Selectmen any moneys which may remain in bis hands unexpended; and any moneys which may be so received f om bail KA rwai/1 AWAW V\t? - w ? VJ \?? oiinia uv J'UIVJ VT VI the Selectmen to the succeeding surveyor, to be expended in the district; and when any person shall have overpaid their taxes, in labor or otherwise, the balance shall bo credited to such persons rm their taxes for the succeeding year. LX. If any surveyor shall have tailed to collect tbo taxes contained in his tax bill, as required by law, >r if he 6hall fail to pay over any moneys which he may have collected and not expended, the Selectmen may proceed against him in the same manner, as provided by law, in case of delinquent CounLy Treasurers or collectors of taxes. LXI. It any persona receive or suffer bodily injury or damage in liis property through a detect or want of repair or of sufficient i ailing in or upon a highway, causeway or bridgo, be may reco* er in an action of tort, of the county, town, village or city by law obliged t? repair the same, the in.ount of damage sustained thereby. if such county, town, village (Concluded on fourth Page)