A. D. 1912. CHAPTER XXXIII. General Stock Law and Fencing Stock; and Special Provisions as to Fencing Fields and Crops in Places Excepted. ARTICLE 1. General Stock Law. ARTICLE 2. Special Provisions as to Fencing Fields and Animals prohibited trom large; excep Section 2021. Except in the County of Horry and parts running at of other Counties in this State, which, by or under authority of Special Acts of the General Assembly, and subject to the Civ. 02 conditions therein contained, have been exempted and are tions. 1497; XXV, 1908, 1048: XXV, 116. 1905, XXIV. now exempt from the provisions of this Article, it shall not 959; 1906, be lawful for the owner or manager of any horse, mule, ass. genet, swine, sheep, goat or neat cattle of any description. or for any other person, to permit the said animals, or any of them, or any other domestic animal, to run at large beyond the limits of his own land, or the lands leased, occupied or controlled by him, but nothing contained in this Article shall prohibit the running at large of said animals, or any of them, within the County of Beaufort, between the first day of December and the first day of March; excepting Beaufort, Pocotaligo and Sheldon Townships, and Ladies A. D. 1912. General stock Island; and excepting Coosawhatchie and Hilton Head Owners of stock trespassing. Civ. '02, § Sec. 2022. Whenever any of said stock or animals shall Liability of be found upon the lands of any other person than the owner or manager of the same, the owner of such trespassing stock shall be liable for all damages sustained, and for the 1498. expenses of seizure and maintenance, the said damages and expenses to be recovered, when necessary, by action in any Court of competent jurisdiction; and the said trespassing stock shall be held liable for the same, in preference to all other liens, claims, or encumbrances upon it. Plaintiff entitled to such damages, whether he had conformed to law or not. Utsey v. Hiott, 30 S. C., 360; 9 S. E., 957. As to pasture across railroad.-Simkins v. R. R. Co., 20 S. C., 263; Molair v. R. R. Co., 29 S. C., 152; 7 S. E., 60; Harmon v. R. R. Co., 32 S. C., 127; 10 S. E., 877. Stock trespassing may penalty. Sec. 2023. Any freeholder or tenant of land, his agent or representative, may seize and hold possession of any of the be seized; foregoing animals which may be trespassing upon his prem- Civ. '02, ises, and as compensation for such seizure, may demand of 1499. the owner of every horse, mule, ass, genet, bull, ox, cow, calf, or swine, the sum of fifty cents, and for every sheep, goat, or other animal not herein named, the sum of twenty-five cents. together with just damages for injuries sustained, which reclamation shall, when possible, be laid before the owner of the trespassing stock within forty-eight hours after seizure. Sec. 2024. In case the claim shall not be amicably or legally adjusted, and the trespassing animals recovered the owner within twelve hours after the receipt of notification, the owner shall further become liable in a sufficient to cover the maintenance and care of his stock up to the time of its removal; but the owner shall be entitled to When claim not adjusted in by twelve such liable for sum sum tenance. l'os hours, owner to cover main session; how recovered. Civ. '02, § A. D. 1912. Proceedings recover immediate possession of his stock on due execution of such bond to cover expenses and claimed damages as any Magistrate shall decide to be good and sufficient. Sec. 2025. When the owner of trespassing stock is unknown. unknown, said stock may be detained for the space of one when owner When Magis vertise. When ceeds, how 1501. trate to ad- week, awaiting the owner's action. It shall then be reported sold, pro- to and become subject to the orders of any Magistrate in the disposed of. County where the stock is taken up, who shall take such Civ. '02, § action in the premises as will effectuate the purpose of this Chapter, by advertising the said stock upon the Court House door and in two other public places in the said County, giv ing a full description of the same and the causes of seizure, together with the damages, costs and other allowances indi cated by this Chapter, for the space of ten days; and at the expiration of that time, should the owner of the stock not have appeared and paid all the expenses, damages, and costs properly adjusted, as in this Chapter required, then the said Magistrate shall order his Constable to make public sale of the same to the highest bidder for cash, and out of the proceeds of such sale he shall pay the costs, damages. expenses, and adjusted claims as in this Chapter allowed. and the surplus, if any there be, shall be turned over by said Constable to the Clerk of the Circuit Court for the said County, to be by him paid to the owner of such stock upon proper proof of such ownership; and should the proper owner of such stock or animal not appear and obtain such surplus within one year from the time the same was turned over to the said Clerk of the Court, then the said Clerk shall return and pay over the same to the County Treasurer of the said County, to be by him disbursed as County funds. Proceedings Sec. 2026. In cases where known owners shall, after neglect to ad- notification, neglect, for the period of three days, to adjust the legal demands against them provided in this Chapter, Civ. '02, according to the plan of adjustment in Section 2024, all further proceedings shall be taken under Section 2025 of this Chapter, as though the owners were unknown. when owners just penal ties. 1502. To what con Section 2027. The provisions of this Article shall apply counties prot only to those Counties and parts of Counties where the law visions fined. commonly known as the Stock Law is not of force. Civ. '02, § Portion of Sec. 2028. All that section of Berkeley County included 1503. within the following described limits and boundaries is Berkeley exempted from the operation of Article I of this Chapter, County empted from relating to the general stock law: the ex stock Civ. '02, § Beginning at Hilton's Cross Roads, on the State Road, thence down the said road to the thirty-five mile post; thence 1504. along a road leading from the thirty-five mile post to the residence of Henry Measels, and from thence to a point where said road is intersected by the lines separating the lands of Frederick Connor and the late G. W. Shingler; thence southward along the line of Frederick Connor's land to where it is intersected by the Colleton and Berkeley County line; thence down the said line to where it is intersected by the line of incorporation of the town of Summerville; then following Colleton County line down to point A. D. 1912. in Berkeley opposite Eighteen (18) Mile Post on S. C. Ry.; then direct air line from Eighteen Mile Post on S. C. Ry. to Mt. Holly on N. E. R. Rd.; following N. E. R. Rd. south to Sixtee Mile Crossing of N. E. R. Rd. with State Road; down State Road to Back River Road; along Back River Road to Hannahan's Canal; along Hannahan's Canal to Foster's Creek; along Foster's Creek to Back River; along Back River to its headwaters; from headwaters of Back Rive through Chappel's Swamp to Chappel's Church on Monck's Corner Road to Strawberry Road; then along Strawberry Road to Strawberry Station on the Northeastern Railroad: thence along the line of the Northeastern Railroad to Oakley Station; thence along the road leading from Oakley Station to the Barrows; from thence along the road leading from the Barrows to Isaac Brown's premises, at which point it will take a northerly direction to the settlement belonging to the estate of D. M. Winter, following then the line fence already constructed contiguous to the plantations known as Bunker Hill, Summerset, Hog Swamp, White Hall, Banesterdown, Ophir Wards, Duck Pond to Friendship Church, where it will take the Ridge or Calamus Pond Road to the Monck's Corner Road to Calamus Pond, along West Point Road to West Point, and then along New Road to Hilton's Cross Road, the commencing point. License tax Sec. 2029. There shall be paid by each owner or keeper of County. cattle, sheep, goats or hogs, within that portion of Berkeley County exempt from the general stock law, and described in Section 2028, the following license tax, to wit: On every head of cattle, ten cents per annum; on every head of sheep. goats or hogs, five cents per annum; said tax to be paid to the County Treasurer of Berkeley County at the same time as taxes for State and County purposes are paid, and shal be charged by the County Auditor on the tax duplicate, and receipted for by the Treasurer on the ordinary tax receipt. The said taxes, when paid to the County Treasurer, shall be held by him subject to the warrant of the chairman and secretary of the Line Fence Commission hereinafter provided for. Line Fence Commission. Sec. 2030. The Governor shall, upon the recommendation of the delegation in the General Assembly from Berkeley County, appoint a Commission, consisting of nine free |