Fraser v. Commissioners of Roads for Christ Church Parish

Court of Appeals of South Carolina

Fraser v. Commissioners of Roads for Christ Church Parish

37 S.C.L. 326

DecidedMarch 15, 1832

StatusPublished

This text of 37 S.C.L. 326 (Fraser v. Commissioners of Roads for Christ Church Parish) is published on Counsel Stack Legal Research, covering Court of Appeals of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fraser v. Commissioners of Roads for Christ Church Parish, 37 S.C.L. 326 (S.C. Ct. App. 1832).

Pincite

Opinion

Curia, per

Johnson, J.

By referring to the Act of 1708, P. L. 13, it will be seen that Sullivan’s Island is included within the geographical boundary of Christ Church Parish. We are, however, of opinion with our Brother Bay, that the inhabitants of the Island are not bound to work on the public roads on the main-land. The Act of 1819,

(a) confers on the intendant and wardens of Moul-trieville, all the powers of the commissioners of the high roads, and imposes on them the duty of repairing and keeping up the streets, roads and highways of Sullivan’s Island. The grant of these powers necessarily supersedes the jurisdiction of the commissioners of the roads for Christ Church Parish over the territory of the Island,because they are entirely incompatible ; and to enable the intendant and wardens to discharge the duties imposed on them, they are [327]*327entitled exclusively to the service and labor of the inhabitants. This is a distribution of a public burthen prescribed by law — apparently equal in itself, and sanctioned by an usage contemporaneous with the first settlement of the Island.

Motion dismissed.

O’Neall, J. concurred.

.) 6 Stat. 130: see also 8 Stat. 290.

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Curia, per

Johnson, J.

By referring to the Act of 1708, P. L. 13, it will be seen that Sullivan’s Island is included within the geographical boundary of Christ Church Parish. We are, however, of opinion with our Brother Bay, that the inhabitants of the Island are not bound to work on the public roads on the main-land. The Act of 1819,

(a) confers on the intendant and wardens of Moul-trieville, all the powers of the commissioners of the high roads, and imposes on them the duty of repairing and keeping up the streets, roads and highways of Sullivan’s Island. The grant of these powers necessarily supersedes the jurisdiction of the commissioners of the roads for Christ Church Parish over the territory of the Island,because they are entirely incompatible ; and to enable the intendant and wardens to discharge the duties imposed on them, they are [327]*327entitled exclusively to the service and labor of the inhabitants. This is a distribution of a public burthen prescribed by law — apparently equal in itself, and sanctioned by an usage contemporaneous with the first settlement of the Island.

Motion dismissed.

O’Neall, J. concurred.

.) 6 Stat. 130: see also 8 Stat. 290.

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Bluebook (online)

37 S.C.L. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fraser-v-commissioners-of-roads-for-christ-church-parish-scctapp-1832.