A. D. 1742. Acts relating to Rivers. sixteen years to the age of sixty years, living and residing on the lands bouning on or lying adjacent to the said Horse-Shoe Creek, from the said plantation of the said Jackson, inclusive, upwards; and also of all the inhabitants, as aforesaid, who live northerly, on Elliot's Savannah, and of those who live on the Horse-Shoe Neck, and so on to Seacom's Point, and of all such other person and persons who shall make use of any landing on the said Horse-Shoe Creek, within the space and distance it shall be so made navigable, according to the directions of this Act. And the said commissioners, or the majority of them, are hereby authorized and empowered, if they shall judge it for the ease or conveniency of the said persons who are subject and liable to the clearing, cleansing and making navigable the said creek, as aforesaid, to agree with any person or persons for doing the same, and to levy the expense thereof, by an equal rate or assessment on the said inhabitants. And the said commissioners shall have all the same powers and authorities, and be entitled to the same liberties and privileges, in regard to the clearing, cleansing and making navigable the said creek, as aforesaid, and keeping the same open and navigable, either by the personal labor of the inhabitants, as aforesaid, or by an assessment on the said inhabitants, as any commissioners of any of the high roads, or any commissioners for clearing, cleansing and making navigable any creeks or water-passages, or for building any bridge or bridges, in any part of this Province, by any Act or Acts of the General Assembly of this Province, have, or ought to have, exercise or enjoy in this Province. X. But whereas, the plantations or settlements of Edward North, John Mackey, John Bagbey, and James Martin, and of the said Original Jackson, within the districts aforesaid, will not receive equal advantage with the other plantations and settlements, for the use and advantage whereof the clearing, cleansing and making navigable the said Horse-Shoe Creek is intended, as aforesaid: Be it therefore enacted by the authority aforesaid, That the said plantations or settlements of Edward North, John Mackey, John Bagbey, James Martin, and Origninal Jackson, and the male inhabitants thereon, from the age of sixteen years to the age of sixty years, shall be only obliged to work or labor or to be assessed towards the making the said creek navigable, as aforesaid, at the proportion of one fourth part of the labor or charge of the other plantations, settlements or persons herein before subjected to the clearing, cleansing and making navigable the said Horse-Shoe Creek, as aforesaid, proportionably, according to the number of their male inhabitants, as aforesaid; any thing herein before to the contrary in any wise, notwithstanding. Provided always, nevertheless, that all those persons and plantations lying and being on the said Horse-Shoe Creek, from the mouth thereof so far up the same as a boat or pettyauger, drawing five feet when loaded, can pass, shall be, and they are hereby, freed and exempted from all labor and expense in clearing and making navigable the said Horse-Shoe Creek; any thing herein before to the contrary contained, in any wise notwithstanding. XI. And be it further enacted by the authority aforesaid, That the several and respective commissioners herein before authorized and empowered to carry the several matters herein before enacted into execution, shall have as full and ample powers and authorities to carry the said several matters into execution, to all intents and purposes whatsoever, as any commissioners of any of the high roads, or for clearing, cleansing and making navigable any creeks or water-passages, or for building any bridge or bridges, in any Acts relating to Rivers. part of this Province, by any Act or Acts of the General Assembly of this Province, have, or ought to have, exercise or enjoy in this Province. WM. BULL, Jun., Speaker. In the Council Chamber, the 3d day of June, 1742. A. D. 1751. AN ACT FOR AMENDING AN ACT ENTITLED AN ADDITIONAL AND EX- No. 788. FOR THE MORE DIRECT AND BETTER CONVENIENCE OF THE INHABI WHEREAS, by an Act entitled "An additional and explanatory Act to an Act entitled An Act to empower the several commissioners of the high roads, private paths, bridges, creeks, causeways, and cleansing of water passages in this Province of South Carolina, to alter and lay out the same, for the more direct and better convenience of the inhabitants thereof," it is, among other things therein contained, enacted, that Mr. Joseph Wilkinson, Col. John Bee, and Mr. James Stobo, be commissioners for cutting, clearing and cleansing New Cut. And that Mr. Joseph Ceely, Mr. William Adams, and Archibald Calder, Esq. be commissioners for cutting, clearing and cleansing Watt's Cut. And that Mr. John Stanyarne, Mr. Isaac Waite, and Mr. Thomas Tatnall, be commissioners for cutting, clearing and cleansing Wappoo creek. And whereas, by reason of the death of the greater part of the said commissioners, and for want of the districts (wherein the persons liable to work in cutting, clearing and cleansing the said cuts and creeks, respectively,) being duly ascertained, the said cuts and creeks have, for several years past, been neglected, to the great detriment of those planters who are obliged to send their produce through the said cuts and creeks to market. For remedy whereof, we humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency, James Glen, Esqr. Governorin-chief and Captain General in and over the Province of South Carolina, by and with the advice and consent of his Majesty's honorable council, and the House of Assembly of the said Province, and by the authority of the same, That Mr. Francis Wilkinson, Mr. James Stobo, Mr. Richard Cochran Ash, Mr. Hugh Wilson, and Mr. Alexander McGillwray, shall be, and they are hereby, appointed commissioners, for cutting, clearing and cleansing New Cut. And that all the male inhabitants, from the age of sixteen to sixty years, living and residing to the southward and westward of the said New Cut, to Gibbons's alias Bennet's Point, and the inhabitants between Ashepoo and Pon Pon rivers, inclusive, making use of any landing leading through the said New Cut, except those who are by law A. D. 1751. Acts relating to Rivers. excepted; and also, except those named in the districts hereinafter mentioned, shall work on the said New Cut. And that Mr. William Eddings, Mr. William Adams, Mr. David Adams, Mr. Ralph Bailey, Mr. Charles Odingsell, shall be, and they are hereby, appointed commmissioners, for cutting, clearing and cleansing Watt's Cut; and that all the male inhabitants from the age of sixteen to sixty years, living and residing from the plantation of Captain William Eddings, to the plantation of William Adams and Joshua Grimball, inclusive, south westerly, and of Jehossey Island, shall work on the said Watt's Cut. And that Mr. Abraham Waite, Mr. Thomas Elliott, jr. Mr. Thomas Laws Elliott, Benjamin Elliott, and Mr. Alexaner Hext, shall be, and they are hereby, appointed commissioners, for cutting, clearing and cleansing Wappoo Creek. And that all the male inhabitants, from the age of sixteen to sixty years, making use of any landing lying on the north side of Stono River, lying above the said creek leading into the said river; as also, all such male persons residing on John's Island; as also, all such male persons making use of any landing on the northwest side of Wappoo creek, except those who are by law excepted, shall work on the said creek; any former law, usage or custom to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That the commissioners hereby nominated, respectively, or a majority of them, shall have the same powers and authority, for cutting, clearing and cleansing the said cuts and creeks, respectively, and shall be subject to the like penalties and forfeiture for neglect thereof, as the commissioners nominated and appointed for those purposes, by the said in part recited Act, are invested with, or made subject and liable unto. III. And whereas, the bridge over the said Wappoo creek is not of sufficient height, for boats to pass conveniently under the same. Be it therefore further enacted by the authority aforesaid, That the commissioners hereby appointed for the said Wappoo creek, shall be, and they are hereby obliged, enjoined and required, within six months from the time of passing this Act, at the expense of the persons hereby made liable to work on the said Wappoo creek, to raise the said bridge to the height of ten feet from the surface of the water at high tide, or to make a draw bridge, at the election of the said commissioners, or a majority of them, under pain of each and every the said commissioners forfeiting the sum of fifty pounds proclamation money, one half to his Majesty, to be applied by the General Assembly for the use of the public, and the other half to him or them who will inform and sue for the same, by action of debt, bill, plaint or information, in any court of record in this Province, wherein no privi. lege, protection, or wager of law, shall be allowed or admitted, nor any more than one imparlance. IV. And be it further enacted by the authority aforesaid, That Mr. Andrew Townsend, Mr. Cato Ash, and Mr. Richard Jenkins, shall be, and they are hereby, appointed commissioners, for the high roads upon Edisto Island; and in case of the death, absence, or refusal to act, of any of the commissioners hereby nominated for the said cuts, creeks or roads, respectively, it shall and may be lawful to and for the other commissioners, respectively, to choose and appoint another person to be commissioner, in the room of him so dying, absent or refusing to act. And the person so chosen and appointed shall have the same powers and authority for putting this Act into execution, and shall be subject and liable to the same penalties and forfeitures, as any of the commissioners hereinbefore named. Acts relating to Rivers. V. And be it further enacted by the authority aforesaid, That this Act shall be deemed a public Act, and, as such, shall be given in evidence before all courts in this Province, without pleading the same; and shall continue in force for and during the term of seven years, and from thence to the end of the next session of the General Assembly after, and no longer. A. RUTLEDGE, Speaker. In the Council Chamber, May 17, 1751. A. D. 1753. AN ACT FOR MAKING BLACK RIVER NAVIGABLE, FROM THE WESTERN No. 812. WHEREAS, several of the inhabitants in and about the township of Williamsburgh, by their humble petition to the General Assembly, have set forth, that the petitioners had for several years suffered considerable loss in the water carriage of their goods to market down Black River, by reason of the great quantities of wood fallen in the same, which renders the navigation not only dangerous, but oftentimes impracticable; whereby the petitioners are frequently prevented from carrying their produce to market at proper seasons, to their great disadvantage, and praying that a law may be passed to remedy the same. We therefore humbly pray his most sacred [Majesty] that it may be enacted, I. And be it enacted, by his Excellency, James Glen, Esq., Governor-inchief and Captain General in and over the Province of South Carolina, by and with the advice and consent of his Majesty's council, and the House of Assembly of this Province, now met in General Assembly, and by the authority of the same, That all and every the male inhabitants, from the age of sixteen to sixty years, living and residing within six miles of Black river, on either side, from ten miles above the plantation of Henry Spry, on the head of the said river in the township of Williamsburgh, down to the Tide way, as far as the place commonly called the Narrows, inclusive, shall be obliged, and they, and every of them, are hereby enjoined and required, to work and assist in clearing the said Black river from the trees fallen and lodged therein, and making the same navigable, when and as often as they shall be thereunto summoned by the commissioners hereinafter nominated and appointed, under the like fines and forfeitures as are imposed by any Act or Acts of the General Assembly of this Province, on the inhabitants of this Province, for refusing or neglecting so to work, in the clearing, cleansing and cutting of creeks or water passages; and to be recovered and applied in the same manner as directed and appointed by the said Acts. II. And be it further enacted by the authority aforesaid, That John Jones, William Nelson, John McDonald, William Hughes, and John Irwon, shall be, and they are hereby nominated and appointed, commissioners, for A. D. 1753. Acts relating to Rivers. putting this Act in execution. And the said commissioners, or any three of them, shall have, use and exercise all the powers and authorities therein, which are given to any commissioners for creeks, water passages or high 1oads in this Province, and shall be liable to the like penalties as are inflicted on such commissioners for neglect of their duty, by any Act or Acts of the General Assembly. And it is hereby provided, that the several persons who are hereby made liable to assist in making the said Black river navigable, shall be summoned to work on such part of the said River as shall be nearest and most convenient to their respective habitations or plantations. III. And be it further enacted by the authority aforesaid, That in case any of the said commissioners shall happen to die, depart this Province, or refuse to act, then the survivors or remaining commissioners shall and may choose and appoint another fit person or persons, to be commissioner or commissioners, in the room of him or them, so dying, refusing to act or departing this province; which person or persons so chosen and appointed, shall have the same powers and authorities, and be subject to the same penalties and forfeitures, as the commissioners herein named. IV. And be it further enacted by the authority aforesaid, That in case the said commissioners, or any other person or persons, shall be sued or prosecuted for any thing to be done in pursuance of the directions of this Act, the said commissioners or other persons may plead the general issue, and give this Act and the special matter in evidence. No. 813. AN ACT FOR APPOINTING AND IMPOWERING COMMISSIONERS TO MAKE THE WATEREE RIVER NAVIGABLE, AND FOR LAYING OUT AND MAKING A ROAD FROM THE UPPER SETTLEMENTS, NEAR THE CATAWBA NATION, ON THE NORTH-EAST SIDE OF THE SAID WATERee River, to THE PLACE ON SANTEE RIVER COMMONLY CALLED BEARD'S FERRY, AND FROM THENCE ΤΟ THE ROAD LEADING FROM THE CONGREES TO CHARLESTOWN. WHEREAS, the making the Wateree River navigable, and the laying out and making a road from the upper settlements near the Catawba Nation, to the road leading from the Congrees to Charlestown, will be of great benefit to the inhabitants of that part of the Province, and tend to the better settlement thereof; we therefore humbly pray his most sacred Majesty that it may be enacted, I. And be it enacted, by his Excellency James Glen, Esq., Governor-inChief and Captain General in and over the Province of South-Carolina, by and with the advice and consent of his Majesty's Council and the House of Assembly of the said Province, now met in General Assembly, |