Acts relating to Rivers. A. D. 1734. acres of land, and so in proportion for a greater or lesser quantity, until Road to be IX. And be it further enacted, That if any of the aforesaid commissioners shall die or depart this Province, that it shall and may be lawful Vacancies, how for the said commissioners, or the major part of them, to recommend others to be filled. in their room, to his Excellency the Governor for the time being, for his approbation; and the persons so chosen and approved of, shall be invested with, and it shall and may be lawful for them, and every of them, to use and exercise, the same powers and authorities which are given to the commissioners by this Act appointed, in as full and ample manner, to all intents and purposes whatsoever, as the commissioners by this Act appointed can or lawfully may or ought to do. X. And be it further enacted by the authority aforesaid, That if any person or persons whatsoever shall be sued, prosecuted or molested, for The general any matter or thing done by virtue or in pursuance of this Act, such issue may be pleaded under person may plead the general issue, and give this Act and the special matter this act in evidence; and in case the plaintiff or prosecutor shall become non-suit, suffer a discontinuance, or a verdict shall pass against him, or judgment shall be given against him on demurrer, the defendant shall recover his full costs of suit, for which he shall have the same remedy as where costs are given at law. Provided, nevertheless, that nothing in this Act contained shall extend, or be construed to extend, to prevent or hinder any person or persons from erecting, building or making any mills, dams or wares for any purposes whatsoever, in and over any branches of the said river, creeks, streams or water-courses, out of the said river, or falling into the same, within the bounds and limits of their own lands; provided, that the main course and stream of the said river be not obstructed thereby, but be A. D. 1734. This a public Act. Acts relating to Rivers. left open so that any person may pass and re-pass with boats and perriaugers up and down the same; any thing herein contained to the contrary notwithstanding. XI. And be it further enacted, That this Act shall be deemed and allowed as a public Act, in all courts of justice in this Province, of which all justices and judges are to take notice without pleading. PAUL JENYS, Speaker. In the Council Chamber, the 9th April, 1734. Assented to: ROBT. JOHNSON. No. 646. AN ACT FOR CLEARING AND OPENING THE SEVERAL CREEKS, CUT-OFFS OR WATER-PASSAGES THEREIN MENTIONED; AND FOR REGULATING THE BOATS AND PETTIAUGERS GOING THROUGH THE SAME. WHEREAS, it has been found of great inconveniency and public detriment, that boats or pettyaugers of too great draught of water should be suffered to enter into the several creeks, cut-offs or water-passages in this Province, hereinafter mentioned, whereby the passage through the said creeks and cut-offs is very frequently interrupted; for prevention whereof, for the future, we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by the Honorable William Bull, Esq., President and Commander-in-Chief, in and over his Majesty's Province of South Carolina, by and with the advice and consent of his Majesty's Honorable Council, and the Commons House of Assembly of this Province, and by the authority of the same, That the several commissioners appointed for cutting, clearing and keeping open or in repair the creeks, cuts or passages commonly called Watt's Cut, New Cut and Wappoe, shall, and they are hereby required and directed, within ten months next after the passing this Act, to cause the said creeks or water-passages, namely, Watt's Cut, New Cut and Wappoe, to be cut, cleared and opened, to the breadth of twenty feet, and to the depth of five feet, measuring the same at high water, in the said cuts, respectively, at a common nep tide. II. And be it further enacted by the authority aforesaid, That so soon as the said creeks, cuts or passages shall be so respectively cut, cleared and opened, as aforesaid, the said several commissioners shall cause a post of cedar or lightwood pine to be set up at each end of each of the said cuts or passages, in such manner as not to obstruct the passage through the same; which said posts shall be plainly marked and divided into feet and half feet upwards, beginning from the bottom of the said cuts or passages, and so to be continued to the height of six feet. III. And be it further enacted by the authority aforesaid, that if any boat or pettyauger, drawing more than four feet water, shall enter into any of the said creeks, cuts or passages, and stick therein, so as to obstruct, interrupt or hinder the passage through the said cut or cuts, the owner or owners, master or patroon, (at the election of the party injured,) of such boat or pettyauger, shall be subject and liable, and are hereby obliged to Acts relating to Rivers. make good all such damages that shall be sustained by any person or persons who shall be retarded or hindered from passing through any of the said creeks or cuts, by such boat or pettyauger sticking therein, as aforesaid, to be recovered with costs of suit, by special action upon the case, in any court of record in this Province. Provided, always, that no owner or owners of any such boat or pettyauger shall be liable to answer in damages to be found by the jury, in any sum exceeding the value of such boat or pettyauger; but such owners shall be subject and liable, nevertheless, to pay full costs of suit, although such costs of suit and such damages shall exceed the value of the said boat or pettyauger. IV. And be it further enacted by the authority aforesaid, That every boat or pettyauger, drawing more than three feet water when loaded, used or to be used in any of the rivers in this Province, from and after the first day of November, one thousand seven hundred and thirty-eight, shall have her draught of water fairly and visibly marked on her stern post, in feet and half feet, and shall likewise have the owner's name and place of abode, that is to say, the town or parish in which he lives, plainly marked in legible characters, in some open visible part of the said boat or pettyauger. And that every owner or owners of any such boat or pettyauger, drawing more than three feet water, as aforesaid, who shall employ or make use of the same in any of the rivers in this Province, or in passing through any of the said creeks or cuts herein before mentioned, without having their respective draughts of water, and also his or their name or names and place of abode plainly marked thereon, as aforesaid, shall forfeit and pay the sum of twenty pounds, current money, for every time such boat or pettyauger shall pass through any of the said creeks or cuts, as aforesaid, to any per son or persons that will inform and sue for the same, to be recovered in manner hereinafter directed. V. And be it further enacted by the authority aforesaid, That in case the commissioners hereinafter mentioned shall refuse or neglect to clear, open or cut the said creeks, cuts, or water-passages, or to set up posts therein, as is hereinbefore directed, within the time before limited for doing the same, they, and each of them, the said commissioners so refusing or neglecting to do the same, shall forfeit and pay the sum of one hundred pounds, current money of the Province aforesaid; the one half thereof to his Majesty and his heirs and successors, to be paid and applied to the use of cutting, opening and clearing the said cuts, and the other half to him or them that will inform and sue for the same. VI. And be it further enacted by the authority aforesaid, That all fines, penalties, forfeitures and damages that shall arise, accrue, or are given, by virtue of this Act, not exceeding twenty pounds, current money aforesaid, shall and may be recovered in the same way and manner as debts not exceeding twenty pounds are directed to be recovered by any law or laws of this Province. And all the said fines, penalties and forfeitures exceeding the sum of twenty pounds, current money, shall and may be recovered in any court of record in this Province, by action of debt, bill, plaint, or information, wherein no essoign, protection, privilege or wager of law, or any more than one imparlance, shall be admitted or allowed. VII. And whereas, the passage to and from Winyaw is much impeded, by means of the sand filling up the usual passage called the Breach; Be it therefore enacted by the authority aforesaid, That a cut or cuts be made and kept open at or near the head of the Barksdale's Creek to Old Tom's Creek, at the discretion of the commissioners hereafter named, sufficient A. D. 1738. A. D. 1738. Acts relating to Rivers. for a boat that draws four feet water, the charge of which cut or cuts shall be borne by the inhabitants of the parish of Prince Frederick, Prince George, St. James Santee, and Christ Church, by an equal assessment on the lands and slaves of the said inhabitants, and all others who are owners of land and slaves in either of the said parishes. VIII. And be it enacted by the authority aforesaid, That Mr. John Henderick, Mr. Jonah Collins, Mr. Thomas Laroche, be, and are hereby, appointed commissioners for the making and keeping in order the said cut or cuts and to make, the said assessments, and levy the same, by warrant under their hands; which said commissioners shall be liable to the same fines and penalties, in case they refuse or neglect to make the said cut or cuts as the commissioners are, who are appointed to open and clear the New Cut, in Stono river; and shall make the said cut or cuts within the time limited to the said commissioners for the New Cut, under the penalties aforesaid; which said fines and penalties shall be levied as is heretofore prescribed by this Act. IX. And be it further enacted by the authority aforesaid, That the cut or creek called Hallover, and that passage commonly called Newtown Cut, shall be cut, cleansed and kept open and regulated, as well with respect to the boats passing through the same, as the owners and masters thereof, in the same way and manner as the other water-passages before mentioned are. X. And be it further enacted by the authority aforesaid, That Mr. Joseph Stanyarne, Thomas Hext, Joseph Jones, and David Hext, and Anthony Mathewes, Esqrs., be, and are hereby, appointed commissioners for the said Newtown Cut; and that Mr. Paul Hamilton, Mr. Paul Grimball, Mr. Robert Samms, Mr. Rivers Stanyarne, and Mr. John Jenkins, jun., be, and are hereby, appointed commissioners for the said creek or cut called the Hallover. XI. And be it further enacted by the authority aforesaid, That in case any damages shall be recovered or any action brought against any owner or owners of any boat or pettyaugers, for such boats or pettyaugers enter. ing into and interrupting the passage of the said creeks or cuts, or any of them, contrary to the direction of this Act, it shall and may be lawful to and for the said owner and owners, to stop the said damages, or so much as the wages of the patroon or master shall amount to, out of the wages of the master or patroon of such boat or pettyauger, and also to recover the damages which shall remain after the stoppage of such wages, by special action of the case, against such master or patroon, his executors or administrators, (if such master or patroon did enter into such creek or cut, without the special direction of such owner,) in any court of record in this province; wherein no essoign, protection, privilege, or wager at law, shall be admitted or allowed. XII. And be it further enacted by the authority aforesaid, That in case any of the commissioners before mentioned, shall die, depart this Province, or refuse to act, it shall and may be lawful to and for the Governor, Lieutenant Governor, or President of this Province, to nominate and appoint one other commissioner or commissioners, in the room of him or them so dying, departing this Province, or refusing to act, who shall have the same powers and authorities as if they had been originally named in this Act. XIII. And be it further enacted by the authority aforesaid, That in case any of the said commissioners hereinbefore mentioned, or any other person acting by or under their authority, shall be sued or prosecuted for any Acts relating to Rivers. matter or thing, by them, or any of them, done by virtue or in pursuance of the direction of this Act, it shall and may be lawful to and for such commissioner and commissioners, and other person and persons whatsoever, so sued or prosecuted, to plead the general issue, and give this Act and the special matter in evidence. And in case the plaintiff or plaintiffs shall discontinue, become nonsuit, or a verdict shall pass against him or them, there shall be taxed and allowed to every such defendant and defendants, his and their double costs of suit, for which every defendant shall have like remedy as by law are given to other defendants. CHARLES PINCKNEY, Speaker. In the Council Chamber, the 17th of March, 1738. A. D. 1738. RIVER, AND FOR KEEPING THE SAME OPEN AND NAVIGABLE, FROM BURG TOWNSHIP. WHEREAS, the upper part of Black river, from a place commonly called the Narrows, inclusive, is found impracticable for pettyaugers and Preamble. other boats of burthen to pass, by reason of several obstructions in the same, which greatly discourages the settling and improving the lands adjacent to the said river; we therefore pray his most sacred Majesty that it may be enacted, appointed. I. And be it enacted, by the Honorable William Bull, Esq., President and Commander-in-Chief in and over his Majesty's Province of South Ca- Commissioners rolina, by and with the advice and consent of his Majesty's Honorable Council and the Commons House of Assembly of the said Province, and by the authority of the same, That Robert Finlay, Crafton Karwan, Richard Hall, David Allen, and John Jones, and the survivors of them, are hereby constituted and appointed commissioners for cleansing, clearing and making navigable Black river, and keeping the same open and navigable, from the place commonly called the Narrows, inclusive, to the western boundary of Williamsburg township, and as far above as shall be adjudged practicable by the said commissioners and their survivors, and a majority of them. And the said commissioners hereby appointed, or the survivors of them, or any three of them, or three of such survivors, are hereby authorized and appointed, at the proper costs and charges, and by the labour of the inhabitants and owners of the lands lying adjacent to the said river, within the bounds hereafter limited and prescribed, by themselves, their agents, workmen, servants or slaves, to make the said river navigable for boats, barges, pettyaugers, lighters, or other vessels, from the Narrows aforesaid, inclusive, to the western boundary of Williamsburg township, and as far above as shall be adjudged practicable, as aforesaid, and to continue to maintain and use such navigation, in such manner as the said commissioners, or the survivors of them, or any three of them, or three of such survivors, shall think fit. And for the better carrying on or VOL. VII.-62. |