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ACTS RELATING TO RIVERS.

AN ACT FOR CUTTING, CLEARING AND MAKING A CONVENIENT CREEK No. 347. OR WATER-COURSE THROUGH THAT PART OF THE LAND BELONGING TO MR. JOHN JONES, COMMONLY CALLED THE HALLOVER.

WHEREAS, the inhabitants of the South-east part of Edisto Island, and those of that part of John's Island called Bohicket, in Colleton county, by the want of a water passage through the marsh commonly called the Hallover, have, for several years, considerably suffered, as well in the transportation of the produce of their plantations, as in giving their atten. dance upon any public extremity or occasion in Charlestown:

I. Be it therefore enacted, by his Excellency the Palatine, and the rest of the true and absolute Lords and Proprietors of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the South and West part of this Province, and by the authority of the same, That with all convenient speed, after the ratification of this Act, (at the equal charge and labor of all male per. sons from sixteen to sixty years of age, living and inhabiting on the southeast part of Edisto Island, viz: those of Mr. Thomas Grimball's, and those of Madam Mary Grimball's plantations; and likewise of all the male persons from sixteen to sixty years of age, as aforesid, living and inhabiting from the plantation of James Burt, inclusive, and all the inhabitants on Bohickett creek, on John's Island, to the plantation of the widow of Bourdieu, in John's Island aforesaid, inclusive,) a convenient creek or use. ful water passage be cut, made, kept clear, and in sufficient repair, through the marsh commonly called the Hallover, belonging to John Jones, of such depth and width as the commissioners hereafter named shall think fit. II. And be it further enacted by the authority aforesaid, That Mr. Law. rence Dennis, Mr. Thomas Stanyarne, and Mr. John Jones, be commis. sioners, and they are hereby appointed commissioners, for cutting, making, finishing, mending, clearing and keeping in repair, the creek called the Hall. over, aforesaid, and the same to be, (as soon and with as much speed after the ratification of this Act,) begun, finished and perfected, as the commis. sioners, or any two of them, in their discretion, shall think fit.

A.D. 1714.

Acts relating to Rivers.

III. And be it further enacted by the authority aforesaid, That the commissioners above mentioned have power, and they are hereby empowered, to direct and appoint in what part of the said creek every respective person shall labor. Provided always, and it is hereby intended, that no person do more, as near as possible can be computed, than his equal proportion of the labor aforesaid. And the commissioners aforesaid are hereby likewisc impowered to appoint and choose so many and such overseers for taking care and overseeing the cutting and clearing of the said creek, as they, or any two of them, shall think fit and needful. And all persons concerned, are hereby commanded and required, within nine months af ter the ratification of this Act, to repair, they, or so many working men in their stead, with so many days provision, and such tools, as by the said commissioners or overseers they shall be ordered to bring with them, to the place appointed, and there do such labor and work, as by the commissioners or overseers aforesaid shall be directedand appointed. And if any person or persons, after notice given, as aforesaid, shall neglect or refuse to repair to the place appointed, as above mentioned, and then and there to do such work and labor as by the said commissioners or overseers he or they shall be ordered and directed, the person so neglecting or refusing shall, for every day or time he shall or doth neglect or refuse, as aforesaid, for feit the sum of five shillings per day or time, as aforesaid, or value thereof. IV. And it is hereby further enacted, That if any owner or other person or persons concerned in male persons or negroes within the precinct aforesaid, of the age aforesaid, and upon due summons, shall neglect or refuse to send his said servants or negroes, as aforesaid, (to work upon the above mentioned creek, as already specified and set forth,) shall forfeit five shillings, current money, for each day neglected or refused, for every servant or slave, as aforesaid, to be distrained by the next constable; and every overseer is hereby required to give a list of the names of all persons neglecting or refusing, as aforesaid, to any one of the commissioners aforesaid, who, joined with two or more of the said commissioners, are hereby empowered, by a warrant under their hands and seals, directed to the next constable, who is hereby required to give due obedience in the execution thereof, to destrain the goods or chattels of the person or persons so neglecting or refusing, as aforesaid, and the distress so taken, to be appraised by any three of the neighboring freeholders, and after the charge of distraining, the overplus, if any be, to be returned to the owner thereof.

V. And be it further enacted by the authority aforesaid, That all the money which is forfeited for not working on the creek, called the Hallover, aforesaid, pursuant to the directions of the commissioners already mentioned, shall be disposed in having such other persons employed as are willing thereto, in making, cutting, clearing and repairing the creed aforesaid.

Read three times, and Ratified in open Assembly, this 18th day of

December, 1714.

CHARLES CRAVEN.
CHARLES HART.
RA. IZARD.

HUGH BUTLER.
SAM. EVELEIGH.
ROBT. DANIELL.

Acts relating to Rivers.

A. D. 1717.

AN ACT TO IMPOWER COMMISSIONNRS TO MAKE ONE OR MORE CUTS No. 377.
OR CREEKS IN THE PARISH OF CHRIST CHURCH, FOR THE MORE CON-
VENIENT TRANSPORTING OF THE GOODS CARRIED BY WATER TO CHARLES-
TOWN, OF THE PERSONS WITHIN THE LIMITS THEREIN MENTIONED.

WHEREAS, the several inhabitants of the parish of St. James Santee, inclusive, from the plantation of Mr. Richard Hall, along the sea coast to Sewee, and to the plantation of Mr. Bonhost, inclusive; upon a north line, to the plantation of Capt. Phillip Gendron, on Santee river; northeast, to the plantation of John Hayes, on Black river; east, to the plantation of Lewis John, on Peedee river, by their humble petition to the General Assembly of this Province, setting forth that the ways and passages by water, by which they are obliged to transport their commodities to Charlestown, being very shallow and dangerous, prove very often to their great detriment, and occasions a great obstruction to their trade and business, and praying that commissioners may be appointed for cutting and making out convenient cuts or creeks, in such places as to the said commissioners shall seem fit, for the more convenient transporting of their said commodities; which said cuts or creeks are thereby likewise proposed to be made at the charge of the said inhabitants, living within the limits aforesaid.

I. Be it therefore enacted, by his Excellency John Lord Carterett, Palatine, and the rest of the true and absolute lords and proprietors of Carolina, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown, for the South and West part of this Province, and by the authority of the same, That the commissioners hereinafter named shall have power and authority, and they are hereby impowered and authorized, to cut one or more cuts or creeks in the parish of Christ Church aforesaid, in such place or places as to the said commissioners shall seem fit and convenient, for the more convenient transporting of the said inhabitants's goods and commodities to Charlestown; which said cuts or creeks thall be, each of them, twelve feet wide and six feet deep, at least.

II. And be it further enacted by the authority aforesaid, That the commissioners hereinafter named are hereby authorized and empowered to assess and levy a certain sum of money on the several inhabitants being within the limits aforesaid, for defraying the charges of cutting and making the creeks or cuts aforesaid. And in case the sum so to be raised shall happen to fall short or deficient to finish and complete the cutting and making the said cuts and creeks, that then the said commissioners shall, and are hereby authorized and impowered to, raise another sum for paying the whole charge of the cutting and making the said cuts or creeks. And the commissioners aforesaid are hereby likewise authorized, by and at the charge of the said inhabitants, from time to time, to keep the said cuts and creeks, when finished, free and open, and of the same width and depth as the same were at first made, and to scour and cleanse the same from trees or other ruhbish which happen to fill up and obstruct the same, by storms and hurricanes, or otherwise howsoever. All which said sums, so to be raised and levied for cutting and making the creeks or cuts aforesaid, and keeping the same, from time to time, free and open, in manner as is herein before directed, shall be raised and levied by the commissioners

A. D. 1717.

Acts relating to Rivers.

aforesaid, on the inhabitants aforesaid, rateably and proportionably, ac cording to the number of male negroes, Mustees, Indians and mulattoes, each of the said inhabitants are possessed of, without any distinction to be made of the said male negroes, Mustees, Indians or Mulattoes. Provided, they are not under sixteen nor above sixty years of age.

III. And be it further enacted by the authority aforesaid, That Capt. William Capers, Elias Horey, Noah Serry, Jonah Collins, and John Huggins, or any three of them, be, and are hereby declared and appointed, commissioners for cutting and making the creeks or cuts aforesaid, and for raising and levying the sums of money on the inhabitants aforesaid, for defraying the charges of the same, and for keeping the said cuts or creeks open and free, from time to time, in manner as before in this Act is directed.

IV. And be it further enacted by the authority aforesaid, That in case any difference shall arise between the commissioners aforesaid, touch. ing the matters aforesaid required of them by this Act, the same shall be decided by a majority of them. And the commissioners aforesaid, or the majority of them, are hereby authorized and empowered, in case any of them shall happen to die, go off this Province, or refuse to act, or be rendered uncapable to act by reason of sickness or other accident, to nominate and choose another in the room and stead of him or them so dying, going off, or refusing to act, or being rendered uncapable to act, as aforesaid. V. And be it further enacted by the authority aforesaid, That the com. missioners aforesaid are hereby authorized and empowered to erect and build a good and sufficient bridge over Owen Daw creek, for the conve niency and advantage of the inhabitants, at the equal charge of the inhab itants living within the limits aforesaid, the cost whereof to be raised and levied in the same manner as is before in this Act directed.

VI. And lastly, it is hereby declared and enacted, by the authority afore. said, That the commissioners aforesaid shall have all such other powers and authorities, and be under such other restrictions and limitations, as any other commissioners for making of highways and building of bridges, or making of cuts or creeks, now have, in any part of this Province.

Read three times, and Ratified in open Assembly, the twenty-ninth

day of June, 1717.

ROBT. DANIELL.

THOS. SMITH.

CHAR. HART.

FRAS. YONGE.

SAM. EVELEIGH.

Acts relating to Rivers.

A. D. 1719.

AN ACT FOR CUTTING AND CLEARING a Creek FROM THE HEAD OF THE No. 410.
BLACK RIVER, OVER AGAINST THE LANDING OF MAJ. DAVID DURHAM,
TO THE BRIDGE NEAR THE PLANTATION OF CAPT. ROGER MOORE, IN
THE PARISH OF ST. JAMES GOOSE CREEK.

WHEREAS, the want of a convenient water passage, from the head of Medway river, more commonly known by the name of Black river, over against the landing of Maj. Durham, unto the bridge on the land, and near the plantation of Capt. Roger Moore, (heretofore known by the name of Goff's Bridge,) doth greatly incommode the inhabitants thereabouts, in the parish of St. James Goose Creek, in their carrying of their plantation produce to Charlestown, the mart of all commodities made thereabouts.

I. Be it therefore enacted, by the Honorable James Moore, Esq., Governor of this settlement, by and with the advice and consent of the council and representatives of the inhabitants, now met at Charlestown, in General Assembly for the said settlement, and by the authority of the same, That with all convenient speed after the passing of this Act, by an equal levy and labor of all the following persons, viz :-of the Honorable James Mcore, Esq., Governor, Robert Stevens, George Chicken, and James Kinlock, Esqrs. Matthew Beard, the plantation called Thorowgoods, Capt Roger Moore, the late David Webster's plantation, Brian Raley, Mr. John Moore, Richard Baker, James Baker, Samuel Ruscoe, Johanna Baker, William Norman, the late Daniel Dean's plantation, Edward Keating, Edward Thomas, Richard Shingleton, Mr. Roger Sanders, John Floud, Daniel MacDaniell, Mr. John Ouldfield, Mrs. Deborah Goff, Isaac Lewis, Ebenezer Shingleton, and of their servants, as well whites as slaves, (that are males,) from sixteen to sixty years of age, one creek or water passage be made, according to the directions of the commissioners hereafter named ; and that they, or any three of them, have power, and they are hereby empowered, to appoint so many and such overseers as they shall think fit, under them, to manage and oversee the persons employed in cutting and clearing the said creek. And for payment of the said overseers, while employed in that work, the said commissioners are hereby empowered to assess and levy on the inhabitants above mentioned, so much money as will defray that charge; to be collected by any constable of the parish, by virtue of a warrant for that purpose, under the hands and seals of any three or more of the said commissioners. And that every free man appointed to work at the cutting and clearing of the said creek, which shall refuse or neglect, after notice given, to work at the said creek, or in his stead to send an able servant or slave, at such time and times, with provisions and such tools as by the said commissioners, or any three of them, shall be appointed, shall, for every day he shall so neglect or refuse, forfeit seven shillings and six pence current money; and that every master, mistress, or overseer of any servants or slaves, which are hereby ordered to work at the cutting or clearing of the said creek, which shall neglect to send his servants or slaves to work at the said creek, with provisions, and such tools, and at such time and times, as shall be ordered by the commissioners, or any three of them, shall, for each servant's or slave's neglect to be sent as aforesaid, forfeit the sum of seven shillings and six pence current money, for every day. And all the forfeitures made by this Act shall be levied by warrant of distress, under the hands of the commissioners, or any three of them, by any constable of the parish to whom the same shall be directed, upon

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