A. D. 1719. Acts relating to Rivers. the goods and chattels of the persons forfeiting; and shall be disposed of by any three of the commissioners, in hiring able workmen, to work about cutting and clearing the said creek; and who are hereby empowered, for the short, easy, and more convenient way and manner of cutting and clearing the said creek, to direct the cutting of the same in or through any lands already run out, or to be run out, and to make use of any timber, wood, brush or earth, which they or the overseers shall think needful to and for the cutting and clearing of the said creek. II. And be it further enacted by the authority aforesaid, That Colonel George Chickens, Capt Roger Moore, Capt. Edward Hyrne, Mr. John Ouldfield and Mr. John Moore, be, and they are hereby, appointed commissioners for the purpose aforesaid; and they, or any three of them, shall have power, and they are hereby empowered, to compound and agree with any one or more of the persons above mentioned, instead of their personal labor, to pay so much money for every day's work, which otherwise he or they ought to do, about cutting and clearing of the creek aforesaid, as by the said commissioners and persons concerned, shall be agreed unto. Provided, the said monies be paid at or before the beginning to work on the said creek, and the same money to be employed in hiring others to work, in cutting and clearing of the same. III. And be it further enacted by the authority aforesaid, That if any of the commissioners above mentioned shall die, go off this Province, or be rendered uncapable to act as such, that in any such case it shall and may be lawful for the rest of the commissioners to desire the Honorable the Governor for the time being, and he is hereby empowered, to nominate and appoint such and so many person and persons, for commissioner or commissioners, in his or their stead, who shall so die, go off this Province, or be rendered uncapable to act, as aforesaid. Which commissioner or commissioners so nominated and appointed, shall have the same full powers, to all intents and purposes, as the commissioners hereinabove named; which said commissioners, and likewise those to be appointed by the Honorable the Governor as aforesaid, shall, while the creek is cutting and making clear, as hereinabove mentioned, and after the same is finished, in order to keep the same clear, open, and navigable for boats and pettyaugoes, have, and be invested with, as full powers and authority, to all intents, constructions and purposes, and likewise under the same restrictions and penalties, as any other commissioners of the high ways, or for cutting of creeks and water courses, now have and are under, by virtue of any Act or Acts now in force in this settlement. I do assent to this Act, this 12th day of February, Anno Domini, 1719. JAMES MOORE. Acts relating to Rivers. A. D. 1726. AN ACT FOR CUTTING AND CLEARING A CREEK, COMMONLY CALLED No. 417. BIGGON CREek. WHEREAS, several of the inhabitants of St. John's parish, living on or very near the creek commonly called Biggon Creek, by their humble petition to the General Assembly of this Province, have shewn and set forth, that with great charge and expense, they have made navigable the said creek, from Stone Landing to the bridge commonly called Herman's Bridge, and that they are desirous to go on with said work, and to render the said creek more navigable; and whereas, it will be a very great advantage to the said inhabitants to have the said creek opened and made more navigable, for the easier transportation of their commodities to Stone Landing, and to have proper commissioners appointed for the carrying on the said work, and keeping the said creek clean and open. pray your sacred Majesty that it may be enacted, and We I. Be it enacted, by the Honorable Arthur Middleton, Esq., President, by and with the advice and consent of his Majestie's honorable council, and the Assembly of this Province, and by the authority of the same, That Peter De St. Julian, Esq, Mr. Daniel Ravenell, and Mr. Paul De St. Julian, be, and are hereby, appointed commissioners for cutting and clearing the said creek; and they are hereby empowered, whenever they shall think it necessary, to meet at some convenient place near the said creek, and to summon all and every the male inhabitants, from sixteen years old to sixty years, living on the west side of Biggon Creek, that is to say:-from Biggon Bridge, to the plantation of Abraham Saunders; from thence, to the plantation of Thomas Summers, on Wassumsaw Swamp; and from thence to the plantation of Joseph Mackey, all inclusive; and all the inhabitants living on the east side of Biggon Creek, that is to say :-from Biggon Bridge, to the plantation of John Dubois, deceased; and from thence, to the plantation of John Peirce, inclusive; for whose advantage the said creek shall be cut and cleared, to cut and clear the said creek from Biggon Bridge upwards, to the plantation of Paul Trapier, deceased. II. And be it further enacted by the authority aforesaid, That the several inhabitants liable to work on the said creek shall be under the same restrictions and penalties, as to themselves and slaves, as the several inhabitants of the Province are, by virtue of an Act of the General Assembly of this Province, entitled "An Act for making, mending and altering the high roads, private paths, bridges, causeways and water courses, in this his Majesty's Province of South Carolina." III. And be it further enacted by the authority aforesaid, That the commissioners aforenamed shall have the same power, and shall be under the same rules and penalties, as the commissioners of the high roads, &c. of this Province. IV. And be it further enacted by the authority aforesaid, That if any person or persons shall hinder or obstruct the commissioners in the execution of their duty, shall forfeit the sum of fifty pounds current money, to be recovered in any court of record, the one half to be paid the church wardens of St. John's parish, for the use of the poor of the said parish, and the other half to the commissioners for clearing the creek, to be applied for the use of the said creek. Charlestown, Council THOMAS BROUGHTON, Speaker. VOL. VII.-61. A. D. 1734. Acts relating to Rivers. No. 582. AN ACT FOR CLEARING AND CLEANSING AND MAKING NAVIGABLE THE HEAD OF ASHLEY RIVER, FROM THE BRIDGE COMMONLY CALLED W▲RING'S BRIDGE, TO THE BRIDGE COMMONLY CALLED STEVENS'S BRIDGE, AND FROM THE SAID BRIDGE TO DORCHESTER BRIDGE, AND FROM THENCE TO THE PLANTATION OF SAMUEL WRAGG, ESQ., INCLUSIVE. Preamble. WHEREAS, the inhabitants and owners of lands lying adjacent to the head of Ashley river, by their humble petition to the General Assembly, have set forth, that by reason of several obstructions in the head of the said river, the navigation is become impracticable, to the great detriment of the proprietors of the adjacent lands, and have humbly prayed that they might have leave to bring in a bill, and that an Act might be passed, to appoint commissioners for clearing, cleansing, and making navigable the head of the said river; and the General Assembly having taken the said petition into consideration, and judging the same to be reasonable-we therefore pray your most sacred Majesty, that it may be enacted, and I. Be it enacted, by his Excellency, Robert Johnson, Esq., Captain Commissioners General, Governor and Commander-in-chief, in and over your Majesty's appointed. Province of South Carolina, by and with the advice and consent of his Majesty's honorable council, and the Assembly of the said Province, and by the authority of the same, That the Honorable Thomas Waring, Esq. Malachi Glaze, Esq. Samuel Stevens, Richard Eagles, Richard Waring, Esq. Joseph Blake, and Robert Wright, jr. Esq., and the survivors of them, are hereby constituted and appointed to be commissioners, for clearing, cleansing, and making navigable the head of Ashley river, from the bridge made over the said river at the plantation of the Honorable Thomas Waring, Esq. commonly called Waring's Bridge, to another Bridge made over the said river near the town of Dorchester, commonly called Stevens's Bridge; and from the said bridge commonly called Stevens's Bridge, to Dorchester Bridge; and from thence, to the eastermost side of the plantation of Samuel Wragg, Esq., inclusive. And the said commissioners hereby appointed, or the survivors of them, or any four of such survivors, are hereby authorized and empowered, at the proper costs and charges, and by the labor of the inhabitants and owners of the land lying adjacent to the head of the said river, within the bounds hereinafter directed, limited and prescribed, by themselves, their agents, workmen, servants or slaves, to make the head of the said river navigable for boats, barges, perriaugers, lighters, or other vessels, from the aforesaid bridge commonly called Waring's Bridge, to the said bridge commonly called Stevens's Bridge; and from thence, to the eastermost part of the plantatation of the aforesaid Samuel Wragg, Esq., inclusive, and to continue to maintain and use such navigation, in such manner as the said commissioners, or the survivors of them, or any four of such survivors, shall think fit. And for the better carrying on, effecting, supporting and continuing the said navigation, the said commissioners, and the survivors of them, or a majority of such survivors, are hereby authorized and empowered, to clear, scour, open and enlarge, or streighten the two branches of the said river, within the bounds aforesaid, as they shall think proper and convenient, for the better navigation of boats and vessels in the said river, or any ways necessary for car. rying on or effecting the said undertaking. II And whereas, several tracts of land lying and being on swamps and savannas, which run into the head of the said river, are rendered in a great Acts relating to Rivers. measure useless, by reason of the obstruction and standing of large quantities of water therein; Be it therefore enacted by the authority aforesaid, That a majority of the commissioners, or the survivors of them, are hereby authorized and empowered to lay out new cuts, drains, trenches or passages for water, in and through the lands which obstruct the water from running into the head of the said river, at the proper costs and charges of such person or persons as shall request the said cuts, drains or passages to be laid out, whether the same be the soil of our sovereign lord the King, or any other person, or any body politic or corporate, their heirs or successors; and the said commissioners, and the survivors of them, or any four of such survivors, are hereby also fully authorized and empowered to remove all trees, logs, timber, and other obstructions whatsoever, which may any way hinder or impede or interrupt the navigation of the said river; and they are hereby empowered and authorized, by themselves, their workmen, servants or slaves, to have free ingress, egress and regress, to and from the said river, or any part thereof, within the bounds aforesaid, through lands or plantations of any persons whatsoever, for the better and more easy and convenient carrying, conveying, and removing any materials whatsoever, for carrying on, continuing, or perfecting the cleansing, clearing, and navigation of the said river; and the said commissioners, and the survivors of them, or any four of the said survivors, are hereby fully authorized and empowered to do, perform and excute all such other matters and things as they shall think necessary and convenient, for the making and maintaining of the branches of the said river navigable, and for the preservation and improvement thereof. A. D. 1734. Their powers. where to meet. III. And be it further enacted by the authority aforesaid, That the said commissioners, and survivors of them, or any four of such survivors, shall When and meet and assemble at Dorchester, in the parish of St. George in Berkley county, at least twice in every year, that is to say :-on every Easter Monday, and every first Monday in August, in every year, and at such other days and times, as the said commissioners for the time being, or a majori ty of them, shall think fit. Provided, that if the said commissioners shall meet at any other times than on the days hereby appointed, public notice of such meetings shall be given, by a writing fixed at the door of the parish church, by the said commissioners, or a majority of them, at least two days before such meeting. work. IV. And be it further enacted by the authority aforesaid, That the clearing, cleansing, and making navigable the head of the aforesaid river, Who liable to from the aforesaid bridge called Stevens's Bridge, down to the eastermost part of the plantation of the aforesaid Sam'l. Wragg, in the manner hereinbefore directed and specified, shall be done and performed at the equal charge of all the inhabitants and owners of land, who live on each side of the said river, from the eastermost part of the plantations of John Wragg and Paul Jenys, Esqrs., to the aforesaid bridge commonly called Stevens's Bridge; and also, of all the inhabitants and owners of lands, who live backwards to the northward and southward of each side of the said river, and to whom the landings on said river, within the bounds last above mentioned, are nearest, of which the commissioners aforesaid or a majority of them, for the time being, are hereby made sole judges; which said charge shall be raised by a tax or assessment on the lands and slaves of the said inhabitants and owners of lands. And the said commissioners, or the survivors of them, or any four of such survivors, are hereby fully authorized and empowered to raise such tax and assessment on the lands and slaves of the A. D. 1734. Acts relating to Rivers. inhabitants and owners of lands within the bounds and limits before mentioned, in the same manner and proportion, as the general tax is or shall be from time to time assessed by Act of the General Assembly, and shall and may levy the several sums of money to be imposed and assessed on the several persons within the bounds last above mentioned, (in case of refusal of payment,) by warrant of distress, under the hands and seals of the said commissioners for the time being, or the majority of them, and sale of the offender's goods. V. And be it further enacted, That the aforesaid branches of the said river, from the aforesaid bridge commonly called Stevens's Bridge, to the aforesaid bridge commonly called Waring's Bridge, shall be cleared, cleansed, and made navigable, in the manner hereinbefore directed, by the equal labor of all the male persons living and residing on such lands or plantations to which any landings between the bridges last mentioned, already used, or that shall be hereafter used upon the said river, and between the said bridges last mentioned, shall be nearest or most convenient, of which the aforesaid commissioners, or a majority of them, for the time being, shall be sole judges; and the said commissioners, or the survivors of them, or any four of such survivors, are hereby authorized and empowered, at such convenient times and seasons as they shall think fit, by warrant under their hands and seals, directed to any constable in the aforesaid parish of St. George's, to summon all the male inhabitants and slaves above the age of sixteen years, and under the age of sixty years, who shall live and reside in the bounds last above mentioned, to work and be employed in and about the clearing, cleansing, and making navigable the aforesaid river, streams and water courses, from the aforesaid bridge called Stevens's Bridge, to the aforesaid bridge called Waring's Bridge; and in case any of the said male persons living or residing within the bounds last above mentioned, shall fail to appear on any of the days or times so to be appointed, every such defaulter shall forfeit for each day's absence, a sum not exceeding ten shillings; to be recovered by warrant of distress, under the hands and seals of the said commissioners, or a majority of them, for the time being, and sale of the defaulter's goods. VI. And be it further enacted by the authority aforesaid, That if any Penalty on per- person or persons whatsoever, shall, by himself, servants or slaves, either sons obstruct by felling of trees, or by any other means whatsoever, either wilfully or ing the pas- accidentally, obstruct or interrupt the passage, course or navigation of the sage. said river, or any of the drains, cuts, passages or water-courses leading to the same, and shall not, within two days after such obstruction or interrup. tion happening, remove, clear and entirely take away, or cause the same to be taken away, every such offender shall forfeit the sum of five pounds, to be recovered by warrant of distress and sale of the offender's goods, as aforesaid. VII. And whereas, several persons do hold large tracts of uncultivated lands, near or adjacent to the head of the said river, which lands, by rea Certain persons assessed, son of the said river's being made navigable, will be considerably increased in value, for which reason the owners of such lands, as they will receive the benefit, so they ought to contribute to the charge of making the said river navigable: Be it therefore further euacted, That all and every person, owner of any lands that lie within the bounds herein before mentioned, who have no settlements on such lands, either with servants or slaves, shall yearly and every year, on the twenty-ninth day of September, pay to the aforesaid commissioners the sum of ten shillings for every hundred |