A. D. 1738.

Acts relating to Rivers.

effecting, supporting and continuing the said navigation, the said commis. sioners, and the survivors of them, or the majority of such survivors, are hereby authorized to clear, scour, open and enlarge or straighten the said river, within the bounds aforesaid, in such manner as they shall think proper, for the better navigation of boats or vessels in the said river, or in any wise necessary for carrying on or effecting the said undertaking.

II. And be it further enacted by the authority aforesaid, That the majoriTheir powers. ty of the commissioners, or the survivors of them, are hereby authorized and impowered to lay out new cuts, drains, trenches and passages for water, in and through the lands which obstruct the running of the said river, whether the same be the soil of our sovereign lord the King, or any other person, or any body politic or corporate. And the said commissioners, and the survivors of them, or any three of them, or three of such survivors, are hereby fully authorized and impowered to remove all trees, logs, timber, and other obstructions whatsoever, which any wise hinder, impede or interrupt the navigation of the said river; and they are hereby impowered 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 the lands and plantations of any persons whatsoever, for carrying on, continuing or perfecting the cleansing, clearing, preserving and rendering navigable the said river. And the said commissioners, and the survivors of them, or any three of them, or three of the said survivors, are hereby fully authorized and empowered to do, perform and execute all such other matters and things, from time to time, as they shall think convenient and necessary for the making, preserving and maintaining of the said river navigable, and for the preservation and improvement thereof.

do the work.

III. And be it further enacted by the authority aforesaid, That the clearWho liable to ing, cleansing and making navigable the channel of the aforesaid river, from the aforesaid place called the Narrows, inclusive, to the western boundary of Williamsburg township aforesaid, and as far above as shall be deemed practicable, as aforesaid, in manner herein directed and prescribed, shall be done and performed at the equal charge and expense of all the inhabitants and owners of lands or slaves, lying, being and residing within the limits herein after mentioned, that is to say: on all inhabitants, slaves and lands granted to any person being and residing on each side of the said river, from the Narrows aforesaid, inclusive, to Phineas Spry's plantation, inclusive, and ten miles above, and to extend on the north side of the river, (within the bounds aforesaid,) half way to Peedee river, and on the south side half way to Santee river; which bounds on the north and south, shall be parrellel, as near as may be adjudged, to the general course of the said Black river; and that such charges and expenses shall be raised by a tax or assessment on all the granted lands and male inhabitants, (whites as well as blacks,) from the age of sixteen years to sixty years of age, within the limits aforesaid; the same to be done and proportioned by the said commissioners, or a majority of them, in such manner that each of the said male persons shall only be rated equal to two hundred and fifty acres of land, the said commissioners first taking the most effectual means to discover the owners of the several tracts of land granted within the bounds and limits aforesaid; and shall and may levy the several sums of money so to be imposed and assessed on the several inhibitants, slaves and owners of land within the bounds last above mentioned, (in case of refusal of payment,) by warrant of distress, under the hands and seals of the said

Acts relating to Rivers.

commisssioners for the time being, or the majority of them, and sale of the offender's goods. And in case any owner or owners of lands within the said bounds, shall have no goods or chattels upon such their lands, on which distress may be made, the said commissioners, or the majority of them, are further empowered and required to levy the sum or sums assessed in pursuance hereto, in the same manner as the collectors and enquirers of the general tax are or were impowered by any law or laws for raising the general tax, to raise and levy the same upon the lands of any persons not resident in this Province.

A. D. 1738.

IV. And be it further enacted by the authority aforesaid, that if any person or persons whatsoever, shall, by himself or slaves, either by felling of trees or by any other means whatsoever, either wilfully or accidentally, Penalty for ob

obstruct the passage or navigation of the said river, or any of the drains, passage. structing the

cuts, passages or water-courses leading to the same, and shall not, within three days after such obstruction or interruption happening, remove, clear and entirely take away, or cause the same to be taken away, every such offender shall forfeit the sum of ten pounds, current money, to be recovered by warrant of distress and sale of the offender's goods, as aforesaid, to be applied to the charge of clearing the said river.

V. And be it further enacted, That if any of the aforesaid commission

ers shall die or depart this Province, or decline acting, that it shall and may Vacancies, be lawful for the remaining commissioners, or the major part of them, to how to be filled. recommend others in their room, to his Excellency the Governor, or the Commander-in-Chief for the time being, for his approbation; and the person or persons so recommended and approved of, shall be vested with, and it shall and may be lawful for him or 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 may or lawfully ought to do.

VI. 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 per- issue may be pleaded under son 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 by law.

VII. And be it further enacted, That this act shall be deemed and allow- This a public ed as a public Act, in all courts of justice in this Provinee, of which all Act. judges and justices shall take notice without pleading.

CHAS. PINCKNEY, Speaker.

In the Council Chamber, the 25th day of March, 1738.

Assented to:

WM. BULL.

A.D. 1740.

No. 672. AN ACT TO

CUT AND

Acts relating to Rivers.

SINK DRAINS AND PASSAGES INTO THE NORTH AND WEST BRANCHES OF STONO RIVER.

WHEREAS, the waters or freshes which empty themselves into the north and west branches of Stono river, are frequently stopped up and intercepted by the falling of trees, throwing up of dams and causeways from highland to highland, and sundry other obstructions, whereby the adjacent swamps and low lands become liable to be overflown, every spring and fall, and are rendered absolutely useless and unfit for planting and cultivation. We therefore pray his most sacred Majesty that it may be enacted,

I. And be it enacted, by the Honorable William Bull, Esq., Lieutenant Governor and Commander-in-chief, in and over the Province of South Carolina, 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 William Cattel, Barnaby Bull, John Drayton, Nathaniel Wickham, and Elisha Butler, are hereby constituted and appointed commissioners, and they, and a majority of them and their survivors, are hereby authorized and empowered, to lay out, cut, sink, maintain and keep in repair, and to agree for the laying out, cutting, sinking, maintaining and keeping in repair, the following free drains or passages to carry off the said waters, at the proper costs and charges of the proprietors of the lands liable to be overflown thereby, to wit:-one passage or drain, from that part of the north branch of Stono river which is at present navigable, through long Savannah, Wampoo Savannah, and the lowest lands which lie between the said savannahs; and from thence, to the Cypress Gall, nigh to the entrance of Cow Savannah, that crosses Jack Savannah public road, and runs between the plantations of Elihu and Susannah Baker; and from thence, to be continued in the main course of the swamp, towards Josiah Waring's plantation, to the path which leads from Capt. Taylor's to Ashley river.

II. And be it further enacted by the authority aforesaid, That Ralph Izard, Esq. Robt. Stevens, Philip Evans, John Miles, and Thos. Miles, are hereby constituted and appointed commissioners, and they, and a majority of them, and their survivors, are hereby authorized and empowered, to lay out, cut, sink, maintain and keep in repair, and to agree for the laying out, cutting, sinking, maintaining and keeping in repair, the following free drains or passages to carry off the said waters, at the proper costs and charges of the proprietors of the lands liable to be overflown thereby, to wit:-a free drain or passage from the aforesaid part of the said branch of Stono river, up towards Jack Savannah, through the swamp which runs by the plantation of Mr. William Cattel, jr., and from thence, up the swamp to Mr. Edward Perry's plantation; and so to be continued to the path leading from Captain Taylor's plantation to Ashley river; and also, another free passage or drain, from the said path, down to the Horse Savannah Branch, through the plantation, late Mr. William Elliott's, deceased, to run by the north side of Carlisle's Island, and to be continued downward, until it meets with the passage hereby directed to be cut from the said north branch of Stono river, towards Jack Savannah. Such drains or passages not to exceed fifteen feet in breadth, and of no other depth than shall be necessary to discharge the said freshes, and to be carried on, as near as can be, agreeable to the natural course or stream of the said waters, and when no such course can be discovered, then through the lowest land. And all which said

Acts relating to Rivers.

drains and other passages made by virtue of this law, are hereby declared to be no otherwise public than for discharging the said waters, and not for any other public use whatsoever. And it shall and may be lawful for any of the proprietors of lands lying on each side of the drain of fifteen feet to be dug, to plant the same, if they think proper, and to make a post and rail fence, and to fix posts for bridges, across the several drains and passages hereby intended to be cut; any thing in this law to the contrary notwithstanding. And the said commissioners are further empowered to clear, and keep clear, the banks of the said drains, for forty feet on one or the other side thereof, from all trees, logs, and other incumbrances, as they shall think most necessary; and they, and a majority of them and their survivors, are hereby authorized to lay out, cut and maintain the said passages according to the plan herein laid down; and to remove all obstructions which may in any wise impede the discharge of the said waters; and have at all times, free ingress, egress and regress, for themselves, their workmen, servants or slaves, horses or carriages, through all lands or plantations, whether the same be the soil of our sovereign lord the King, or any other person or persons, or body corporate or politic, their heirs and successors, to the said passages or intended passages, for the better and more easy and convenient carrying on, making and repairing such passages; and, generally, to do, perform and execute all such matters and things, as they shall think necessary and convenient, for making and repairing such passages, and for the preservation and improvement thereof.

III. And be it further enacted by the authority aforesaid, That the aforesaid William Cattel, Barnaby Ball, John Drayton, Nathaniel Wickham, and Elisha Butler, or a majority of them, shall, and they are hereby empowered and required, equally and indifferently to assess all the owners of the lands liable to be overflown by stopping up or diverting the waters or freshes of the said free drains, according to the number of acres subject to be overflown as aforesaid, from the westermost side of the planta tions of Mrs. Ann Drayton, Mr. John Williams and Katherin Cattel, inclusive, downwards to the navigable part of Stono river, to defray the charge of making and keeping in repair such parts of the three drains aforesaid, as will lie within the said limits; and Ralph Izard, Robert Stevens, Philip Evans, John Miles, and Thomas Miles, or a majority of them, are hereby empowered and required, equally and indifferently to assess all the owners of lands liable to be overflown, as aforesaid, from the westermost line of the aforesaid plantations up to the said path leading from Capt. Taylor's plantation to Ashley river, to defray the charge of making and keeping in repair such part of the three drains hereby directed to be made, as will lie within the limits last aforementioned; and for the better enaabling them, from time to time, to make a just and equal assessment towards finishing and completing the said drains, the said William Cattel, Barnaby Bull, John Drayton, Nathaniel Wickham, and Elisha Butler, are hereby required to enquire into the number of acres so liable to be overflown, belonging to each person or persons, from the westermost line of the plantations of Mrs. Ann Drayton, Mr. John Williams, and Mrs. Katherin Cattel, inclusive, downwards to the part of Stono river now made use of to navigate pettiaugers. And the said Ralph Izard, Robert Stevens, Philip Evans, John Miles, and Thomas Miles, to enquire into the number of acres so liable to be overflown, as aforesaid, from the said westermost line of the said plantation up the three drains, to the broad road leading from Capt. Taylor's plantation to Ashley river. And each set of the said commissioners to make complete lists or schedules thereof, and that copies of

A. D. 1740.

A. D. 1740.

Acts relating to Rivers.

such lists or schedules, shall be affixed on the doors of the parish churches of St. Andrew, St. George and St. Paul's, in Colleton county, for three Sundays successively, with a notice underwritten or annexed to each copy, of meetings to be had by each set of the said commissioners, at some convenient places or dwelling houses within their respective districts, near the head of the said north branch of Stono river, and on such days as the said two sets of commissioners, or a majority of each set, shall appoint for that purpose, so that it be not within less than twenty-one days after putting up such copys, at which times and places the said commissioners shall accordingly meet, and hear and finally determine all such objections as shall be made to the justness and exactness of the said lists or schedules; and for the more easy and speedy coming at the knowledge of the truth thereof, all and every person or persons objecting as aforesaid, shall take the following oath before the said commissioners of each division, or a majority of them, who are hereby empowered to administer the same.

"I, A B, do swear, that I am not, directly or indirectly, seized or possessed of, or entitled to, or interested in, any lands liable, or which are, (to the best of my knowledge or belief,) or would be without banking at the time of the common yearly freshes, liable to be overflown by the stopping up or diverting of the waters that empty themselves into the north branch of Stono river, either in my own right or in any others right, as guardian, trustee, executor or administrator, attorney or agent, for any such lands, exceeding the quantity of acres. So help me God."

And shall at the same time give in upon oath to the said commissioners, an exact survey of such quantity of lands belonging to him, her or them, which are, or would be without banking, liable to be overflown as aforesaid, made by a sworn deputy surveyor; and a majority of the said two sets of commissioners shall thereupon form and make just and equal rates and assessments, in proportion to the number of acres each person is respectively owner of; and in case any of the persons so assessed as aforesaid shall refuse or neglect to pay such sum or sums of money, as he, she or they shall be charged in such assessments, that then it shall be lawful for a majority of each of the said sets of commissioners, to issue warrants under their hands and seals, directed to such person or persons, within their respective divisions, whom they shall think proper to appoint, to levy the sum or sums so assessed on the defaulter or defaulters's goods, and to expose them to public sale, returning the overplus, if any there be, to the respective owners, deducting the reasonable charges for the said warrants. And the major part of the said commissioners are hereby empowered, from time to time, to nominate and appoint any one man residing within the said district, who shall be rated or charged in the said assessments, to levy the sums as aforesaid; and such person, in case of his refusal to serve or to do his duty, shall forfeit twenty pounds, current money of this Province, to be levied as aforesaid. Provided, the same person shall not be compelled to serve for more than one year in five years, and the said commissioners are in such case empowered to nominate any other person or persons to collect, until the whole sums assessed are levied; and the person so nominated, who shall refuse or neglect to act as collector as aforesaid, shall forfeit the like sum of twenty pounds; and the person so collecting the same, shall be entitled to, and receive out of the said monies, so by him to be collected, twelve pence in every pound, for his labor and trouble therein. IV. And whereas, several parcels of land may lie back from the said intended drains and passages, and which are assessed as liable to be overflown by the freshes as aforesaid, may receive considerable damage from