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shall pay to the said Alexander B. Stark, treble
damages, and suffer six months imprisonment,
after being convicted thereof.
In the Senate House, the twelfth Day of December, in the

Year of our Lord one thousand seven hundred and
ninety-five, and in the twentieth Year of the Independ-
ence of the United States of America.

DAVID RAMSAY, President of the Senate.
ROBERT BARNWELL, Speaker of the

House of Representatives.

An ACT to empower commissioners therein nam

ed, to cut, sink, and keep in repair, drains and
water passages in Cawcaw Swamp, in Saint

Paul's Parish.
TITHEREAS the several laws heretofore

VV passed, for sinking drains and water passages in Cawcaw swamp, have not proved effectual for the purposes thereby intended:

Be it therefore enacted by the honorable the Senate and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That John Wilson, doctor James CommissiHartley, Joseph Farr, John Boyle, doctor Meyler, oners nam

ed, and Thomas Roper and William Washington, esquires, their powshall be, and they are hereby appointed commissi- ers. oners for, and they, or a majority of them, or of their successors, are hereby authorized and empowered, within such time as they may think most convenient, to lay out, cut, sink, maintain, and keep in repair, and to agree and contract for laying out, cutting, sinking, maintaining and keeping in repair, either in part or in the whole, such one or more free drains or canals, and in such places, courses and directions, and of such length, depth, width and extent, and in such manner, way and form as they, or a majority of them, or of their successors, may deem most adviseable or advantageous, so as to carry off the waters, and be navigable from the causeway at Drayton's cowpen, on one branch of

the said swamp, and from the plantation of the honorable general William Washington, called Bull's, on the other branch of the said swamp, into Wallace’s creek. ...And be it further enacted by the authority aftreo: hold said, That the said commissioners, or a majority ...ie of them, or of their successors, shall have full powbenefit to er and authority to employ overseers to inspect ...” and superintend the making, cutting, sinking, and the canal, keeping in repair the said drains and canals, and ... to do all such things as they may think will best men... tend to carry this act into execution; and that the cordingly said commissioners, or a majority of them, or of their successors, shall choose three disinterested freeholders, of the parish of Saint Paul, who shall fix and ascertain, upon oath, the value of all the swamp lands, lying in the neighbourhood of the said canals, or either of them, and the ratio or proportion in which they will be benefited by the same, and also the ratio or proportion in which the negroes belonging to the owners of the said lands, and liable to work upon the said drains and canals, ought to be assessed according as their lands may be benefited by the said drains and canals; and shall deliver to the said commissioners, the valuation and ratio so made, under their hands and seals; and the said commissioners, or a majority of them, or of their successors, shall therefrom make an assessment on the several owners of all such lands and slaves, according to the valuation and ratio aforesaid; which may be sufficient to pay, and shall be paid to the said commissioners, or a majority of them, or of their successors, or to such person or persons as they may appoint to receive the same, for the purpose of paying the expense of making and keeping in repair the said canals and drains, and all charges incident thereto, whether the same be done by contract or otherwise. ...And be it further enacted by the authority aforesaid, That if any person or persons, by themselves

tortheir servants, slaves or others, shall by any ways or means, hinder, oppose or obstruct the said commissioners, or either of them, or their successors, or either of them, or any person or persons

Penalties on persons obstructing or in

by them employed or appointed, or any servant, jog the

workman or labourer, of any person so employed
or appointed, from making, cutting, sinking, clear-
ing or keeping in repair either of the said drains
or canals, or any part of either of them, or from
cutting down any trees, filling up any hollows,
ditches, drains or canals, or from making use of
any timber, wood, earth or stones, situate near ei-
their of the said canals or drains, which may bene-
cessary for the making or keeping in repair the
said drains or canals; or shall obstruct, stop, or
in any degree prevent the free passage of water
through either of the said drains or canals, or any
part thereof, shall forfeit the sum of one hundred
pounds sterling, to be recovered by action of debt,
in any court of record having sufficient jurisdiction
in this state, and to be applied to the making and
keeping in repair the said drains and canals.
...And be it further enacted by the authority asbre-
said, That if either of the commissioners above
named, or hereafter to be appointed, should leave
this state, resign, or refuse or neglect to act; and
whenever any vacancy may happen by death, the
rest of the commissioners shall, within twelve
weeks thereafter, elect one or more proper persons
to supply the place of such one or more commis-
sioners as may have so departed this state, resign-
ed, died, or refused or neglected to act; and in de-
fault of such election, the governor or commander
in chief for the time being, shall fill up the vacan-
cy; and the person or persons so elected by the
remaining commissioners, or appointed by the go-
vernor, shall be invested with, and he and they
may lawfully use, exercise and enjoy the same
powers and authorities, and in as full and ample
manner, to all intents and purposes whatsoever, as

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Vacancies in the board of commissioners, how to be filled.

the commissioners hereby appointed can or lawfully may do, or of right might or ought to do. ...And be it further enacted by the authority asbre- said, That the said commissioners shall hold their o: .." first meeting at such time and place as a majority the com- of them may agree upon for that purpose; and that ... at that and every meeting afterwards to be held, ing. they shall adjourn to some certain time and place, by them to be then appointed; and they shall meet twice or oftener in every year; but the chairman of the board, or any four commissioners, shall however have power to call extraordinary meetings. ...And be it further enacted by the authority aforepenalties said, That if any commissioner shall fail or neglect on com: to attend any stated meeting, or any extraordinary ...a mecting, after having had two days notice of such meeting mecting, he shall forfeit the sum of ten pounds; and if, while the labourers are actually at work, he fail or neglect to attend at any place for that purpose appointed, for every days absence he shall forfeit the sum of two pounds; unless in either of these cases he shall offer, at the next stated meeting, such an excuse as the majority of the board shall determine to be good and sufficient. ...And be it further enacted by the authority aftreFour com: said, That any four of the said commissioners shall ..., be a board or quorum to do any business arising quorum. out of this act: And all acts, orders and resolutions, passed, carried or done, by the votes of a majority of the commissioners present at any board or meeting, shall be valid, legal and effectual, to all intents and purposes. ...And be it further enacted by the authority aforecommissi-said, That the said board shall have power to em... ploy a surveyor to lay out the drains and canals : " aforesaid, in as ample a manner as they may judge necessary or proper, and that the expenses thereof shall be paid in the same manner as other expenses incident to the said drains and canals; that they shall

have authority to have any such banks made as they may deem necessary for the said drains and canals, and to have one or more locks made in the same; and to build, alter, renew, rebuild or enlarge any bridge or bridges that they may think proper or necessary, to cross the said drains or canals; the expense whereof shall be paid as other incidental expenses are to be paid; and that they shall be empowered to cut down or use for the said drains or canals, any trees or timber, or any earth, that may be found on or near the course of the same; and if any person shall fail or neglect to pay any as- sessment authorized by this act, within the time prescribed by the commissioners for that purpose, the same shall be recovered by warrant or execution, under the hand of either of the said commissioners, directed to any such person as he may name therein, or deliver the same to for that purpose; and the property levied, whether real or personal, shall be publicly sold any time after twenty-one days notice thereof shall be given by advertisement in any two gazettes in Charleston. ..And be it further enacted by the authority aforesaid, That every person owning or possessing any owners of slave or slaves, residing upon the plantations which, ...” by the commissioners to be appointed according to make rethe second clause of this act, may be returned as of being benefited by the said drains and canals, shall, o upon oath, return to the commissioners appointed hereby, and their successors, whenever by them required, the name of every such slave, male and female, from the age of sixteen to fifty years, both inclusive; and if any such person shall fail or neglect to make such return within the time for that purpose to be prescribed by the said board, he or she shall forfeit the sum of two dollars for every slave not so returned, to be recovered, levied and raised by warrant under the hand and seal of the chairman of the said board, or any four of the commissioners, directed to such person or persons as he or they may think fit to * for that purpose,

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