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ing the toll or duty herein before appointed for passing the said bridge, shall be wilfully retarded, the said proprietor or proprietors shall forfeit and pay to such person or persons the sum of five shillings for every quarter of an hour that he, she or they shall be so retarded; which penalties and forfeitures shall and may be recover. ed in the same way and månner as is directed and appointed for the recovery of small debts, upon the oath of the party complaining, or any other credible witness, made before any one justice: Provided, That complaint thereof be made within ten days, but not thereafter.
And be it further enacted by the authority Persons aforesaid, That the president of the United exempt from toll.
States, and his suite, the governor or commander in chief of this state for the time being, members of both branches of the legislature, coming to attend or returning from the legislature, all ministers of the gospel going to attend divine service, all persons in times of alarm, and all ex. presses to or from this government, their servants and horses, be, and they are hereby exempted from paying any toll or duty for passing or repassing the said bridge; any thing herein contained notwithstanding
And be it further enacted by the authority Penalty for a foresaid, That if any person or persons shall the bridge.
Love wilfully and maliciously blow up, pull clown,
burn, or otherwise destroy the said bridge, or any part thereof, or attempt so to do, or in any wise direct or procure the same to be done, whereby the said bridge, or the works thereof, may be damaged, or the lives of passengers endangered, every such offender or offenders, being lawfully convicted thereof, shall be adjudged guilty of a high misdemeanor, and shall suffer twelve months imprisonment, and pay a fine of fifty pounds.
And be it further enacted by the authority Not to be aforesaid, That the said bridge shall not be rat- deemed a
sparish ed or assessed for or towards the payment of bridge. any public or parochial tax whatsoever; nor shall the said bridge, or any part thereof, be deemed to belong to, or be within any parish, but shall be extraparochial to all intents and purposes whatsoever; and the said bridge shall not be deemed a parish bridge, so as to subject the inhabitants of the adjoining parishes to repair or support the same.
And whereas, a bridge has lately been built by the said Wade Hampton, over the Savannah river, opposite the town of Augusta, he having obtained a grant from the legislature of the state of Georgia for the establishment of the same on the Georgia side. And whereas, the said bridge is found to be of great public utility, and the land on the South-Carolina side of the bridge is the property of the said Wade Hampton, and there is already a public road there from, and the proprietors of a ferry which had been established over the said river, near the said bridge, have relinquished their right to the same, in favor of the said Wade Hampton:
Be it therefore further enacted by the authority aforesaid, That the said bridge is hereby Bridge vested in the said Wade Hampton, his heirs and over $a.
* vannah riassigns, for the same term of years, with the ver vested same exclusive rights and privileges, and the in Wade same rates of toll, (on the Carolina side,) and" subject to the same regulations and provisoes, and to similar regulations, restrictions, penalties and forfeitures, as are hereby granted and allowed, limited and provided, regulated, restricted and imposed with respect to the bridge to be
built over the Congaree river, at Fridig's ferry, or the proprietor or proprietors thereof.
And whereas, it would greatly facilitate the communication between the upper country and the seat of government, if a bridge was built across Broad river, above the confluence of Broad and Saluda rivers : And whereas, John Compty hath represented that he is willing to undertake and complete the same: And whereas, The land on the east side of Broad river, at the place proposed for building the said bridge, is the property of the said John Compty, but the land on the west side of the said river, is not his property :
Be it therefore cnacted by the authority aforeJohn said, That as soon as the said John Compty Compty shall purchase in fee the said land, on the west provisionally autho. side of the said river, or can obtain the consent
of the proprietor thereof, provided the said purbridge chase be made or consent be obtained, within two over Broad years from the passing of this act, the said John
Compty be and is hereby authorized to construct and build a bridge over Broad river, above the confluence of Broad and Saluda rivers, op
posite to and on the lands of the said John Rates the
Compty; and that it shall and may be lawful same as at for the said John Compty, his heirs and assigns, Fridig's ferry.
to enjoy all the same rights and privileges, and to take the same rates and toll or portage, and for the same term, and shall be subject to the same limitations and provisoes, and to similar regulations, restrictions, penalties and forfeitures, as are granted and allowed, limited and provided, regulated, restricted and imposed, with respect to the bridge to be built by virtue of this act, over the Congaree river, with respect to the proprietor or proprietors thereof.
And be it further enacted, That the honorable
Thomas Taylor, Peter Frencau, James Green CommisHunt, Walter Hall and Robert Lithgow, be, sionrs for
laying off and they are hereby appointed commissioners are to direct and lay off a proper road and landing place, and space for the abutments of the said bridge on the western shore of the said Broad river, and to direct all such matters as may be necessary in and about carrying this act into effect, for perfecting the said bridge and a road therefrom by the best course to the road leading from Kennerley's ferry to Spring-hill.
And be it further enacted by the authority aforesaid, That this act shall be deemed a pub- This act to
ñ be deemed lic act, and be judicially takon notice of as such, a public by all judges, justices and other persons what- act. soever, without specially pleading the same. In the Senate House, the nineteenth day of
February, in the year of our Lord one thou-
President of the Senate.
An ACT to afford relief to John Lewis Gervais
and other purchasers of public property. TITHEREAS the honorable John Lewis
W Gervais, Esquire, by his memorial and petition, hath stated to the legislature sundry circumstances of peculiar hardship attending his purchase of public property, and in particular, that to make payment for the same, over and above paving five thousand four hundred pounds in indents of his own, he borrowed ele
ven thousand six hundred pounds, which he de: posited with the attorncy-general, and that to procure the same he entered into a special contract to return such indents as he borrowed ; therefore prayed that the legislature would direct the attorney-general to return to him the indents which he borrowed, and afford him such other relief as to them should scem just : And whereas, from a full investigation of the subject, it is judged expedient to give relief to the said petitioner:
Be it enacted by the honorable the Senate and House of Representatives, now met and sitting
in general assembly, and by the authority of the Indents to same, That the attorney-general be, and he is be return; hereby directed and required to return to the ed to J. L. Gervais. * said John Lewis Gervais, the indents which he
borrowed, amounting to eleven thousand six hundred pounds, and that such of the indents as were his own property, be paid into the treasury in part of his purchase, and that the ba
lance which shall be then due be discharged, payable in indents at either in general indents, according to the terms five for of his original contract, or at the rate of one one.
pound in specie or paper medium for five pounds Payments in indents; the said payment to be made in installed. equal instalments of one, two and three years,
from and after the passing of this act.
And whereas, several persons have made purchases in similar cases, to whom relief should also be extended : therefore,
Be it further enacted by the authority aforeAll pur- said, That all persons, or their lawful represenchasers of tatives, who have purchased public property, or berty may who have become securities for the purchasers of pay at the public property, payable in indents, and for rate of five for one. one. ve which payment has not been fully made, shall
be, and they are hereby allowed to pay all such