Acts relating to Rivers. and by the authority of the same, That Samuel Wyly, Robert Millhouse, Jared Neilson, Matthew Neilson, and James M'Goit, be, and they are hereby, appointed commissioners for the purposes hereinafter mentioned. And the said commissioners, or a majority of them, shall have power and authority, and they are hereby fully authorized, empowered and directed, as soon as conveniently inay be, after the passing of this Act, to take away the rafts and other obstructions in the said river, or to make the said river navigable, by cutting a water-passage in any other manner as they shall judge most expedient. II. And be it further enacted by the authority aforesaid, That all the lands lying within ten miles of the said river, above the said rafts, held, owned or claimed by any person or persons who do not reside on the same, shall be subject to the payment of a tax of ten shillings for every hundred acres of such lands, toward defraying the expense of making the said river navigable. And the said commissioners shall have power and authority, and they are hereby fully authorized, impowered and directed, to assess, levy and collect a tax on all and every the owners and proprietors of the said lands, or any part thereof; and the said commissioners shall have the same powers and authorities, and proceed in the same manner for assessing, collecting and levying the said tax, as are given to the collectors of the general tax for collecting and gathering in the annual charges of this government; and all the male inhabitants, from the age of sixteen to sixty years, living and residing on either side of the said river, within ten miles of the same, and not more than seventy miles above the said rafts, or either of them, shall be, and they are hereby, obliged and required to work in removing the said rafts, or making the said river navigable, in any other manner as the said commissioners, or a majority of them, shall judge most expedient, in case the monies granted to his Majesty by the House of Assembly for this service, and the tax on the lands, as aforesaid, shall not be sufficient to defray the expense of the same. III. And be it further enacted by the authority aforesaid, That the said commissioners, together with Richard Richardson and Isaac Brunson, shall be commissioners, and they, or a majority of them, shall have power, and they are hereby impowered and authorized, to lay out and make a road, in as direct a course as the land will permit, from the upper settlements near the Catawba Nation, on the north-east side of the Wateree river, to the place on Santee river, commonly called Beard's Ferry, and from thence to the most convenient part of the road leading from the Congrees to Charlestown; which road shall be made and kept in repair by all the male inhabitants from the age of sixteen to sixty years, living within ten miles of either side of the said road. And in case any of the said inhabitants shall neglect or refuse to work in removing the said rafts, or otherwise in making the said Wateree river navigable, or shall neglect or refuse to work in making the said road, or keeping the same in repair, they shall be subject to the same fines and forfeitures as any persons, by Act of the General Assembly for cutting, cleansing and clearing of creeks and water-passages, or making and keeping roads in repair, are made subject and liable unto. IV. And be it further enacted by the authority aforesaid, That the said inhabitants shall be summoned to work on such part of the said road as shall be nearest and most convenient to their respective plantations or habitations, and shall not be obliged to work more than twenty miles upon the road, nor longer than six days in a year. VOL. VII.-64. A. D. 1753. A. D. 1753. Acts relating to Rivers. V. And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, shall have, use and exercise all the powers and authorities for carrying the matters herein before appointed to be done, into execution, within the limits aforesaid, which are given to any other commissioners for creeks and water-passages, or for high roads, and shall be liable to the same penalties as are inflicted on any such commissioners, by any Act or Acts of the General Assembly of this Province. VI. 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 majority of the remaining commissioners shall have power, and they are hereby impowered, to nominate and appoint some other person or persons in the room of him or them who shall so die, depart this Province or refuse to act; and such person and persons so nominated, shall have the same powers and authorities for making the said river navigable, and making and keeping the said road in repair, and shall be liable to the like penalties and forfeitures, as the commissioners herein before named. VII. And be it further enacted by the authority aforesaid, That in case the said commissioners, or any of them, or any other person or persons acting under their authority, shall be sued or prosecuted for any matter or thing by them to be done in pursuance of the directions of this Act, it shall and may be lawful to and for the said commissioners, or other person or persons so sued or prosecuted, to plead the general issue, and give this Act and the special matter in evidence. VIII. And be it further enacted by the authority aforesaid, That the commissioners hereby appointed for making the Wateree river navigable, shall be, and they are, obliged, enjoined and required to render a just and true account to the General Assembly, as well of all the monies by them received and expended in and about the said work, as of the personal labor of the inhabitants on the same, when thereunto required. JAMES MICKIE, Speaker. In the Council Chamber, the 21st day of April, 1753. Assented to: JAMES GLEN. "AN No. 820. AN ACT FOR REPEALING SUCH PARTS OF AN ACT ENTITLED WHEREAS, the provisions made by the Act entitled "An Act to cut and sink drains and water-passages into the north and west branches of Acts relating to Rivers. Stono river," passed the tenth day of May, one thousand seven hundred and forty, have not proved effectual for the purposes intended, inasmuch as many valuable tracts of land cannot be seasonably cultivated, for want of drains into the said west branch, to the great detriment of the proprietors of such lands; 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 Assembly of the said Province, and by the authority of the same, That from and immediately after the passing this Act, all such matters, clauses and things in the said recited Act contained, as relate to the laying out, cutting, sinking, maintaining and keeping in repair the drains or water-passages to carry off the waters into the west branch of Stono River, shall be, and are hereby, repealed, to all intents and purposes whatsoever. II. And be it further enacted by the authority aforesaid, That John Miles, George Sommers, and Thomas Smith, Esq'rs., Humphrey Sommers, James Hearlley, Jehu Elliot, and Thomas Rigdon Smith, or any four of them, be, and they are hereby, constituted and appointed commissioners and they, or a majority of them, 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, a free drain or passage to carry the waters off the swamp commonly called Cacaw Swamp, from the north-east corner of Capers's land, now in the possession of Archibald Stanyarne, up along the channel of the said swamp, to the uppermost part of Spoon Savannah, and from Hide-Park Causey, downwards into the drain or passage already cut, which empties the waters into the south-west branch of the said Stono River. And the said commissioners, or a majority of them, shall have power, and they are hereby authorized and empowered, to lay out and make the said drain or passage into the said swamp, at such time and in such manner as they shall think most convenient for the purpose intended by this Act. III. And be it further enacted by the authority aforesaid, That the said drain or passage in the said swamp shall be laid out, made and kept in repair at the expense of the owners and proprietors of the lands which shall be benefitted by the said drain or passage, and by the labor of the slaves employed on any such lands. IV. And be it further enacted by the authority aforesaid, That the said commissioners, or a majority of them, shall have power and authority, and they are hereby fully empowered and authorized, to employ overseers to inspect the making the said drain or passage, and keeping the same in repair, and to do all such matters as they, the said commissioners, shall be of opinion will best tend to the carrying this Act into execution. V. And that the said drain or passage may be speedily finished, Be it further enacted by the authority aforesaid, That all the male slaves, (from the age of sixteen to sixty years,) residing or employed on any lands within the limits aforesaid, shall be, and they are hereby, obliged and required to work on the said drain or passage, at such time or times as the said commissioners, or a majority of them, shall appoint for that purpose. And in case the owner or owners of any such slaves, shall neglect or refuse to send the same to work on the said drain or passage, at any time when required so to do by the said commissioners, or a majority of them, every such owner and owners shall forfeit and pay any sum not exceeding twelve A. D. 1754. A.D. 1754. Acts relating to Rivers. shillings and six pence, current money, per day, for every such slave that he, she or they shall so neglect or refuse to send to work on the said drain or passage, as aforesaid; to be recovered by warrant under the hands and seals of the said commissioners, or a majority of them, and to be applied toward defraying the expense of making the said drain or passage, or keeping the same in repair. VI. And be it also enacted by the authority aforesaid, That the commissioners appointed by this Act shall have the same powers and authorities, and shall proceed in the same manner to assess, levy and collect the expense of laying out, cutting, sinking, maintaining and keeping in repair the drain or passage hereby enjoined to be made, on the owners of the lands and slaves, as aforesaid, as were given to the commissioners appointed by the above mentioned Act for assessing, levying and collecting the expense of the drains or passages into the north branch mentioned in the said Act. VII. And be it further enacted by the authority aforesaid, That a drain or passage to carry the waters off the lands in a swamp in the parish of St. Bartholomew, commonly called the Basford's Swamp, from the lands of William Smith, down to a creek commonly called Butler's Creek, shall be laid out, cut, sunk, maintained and kept in repair by the several owners and proprietors of the lands which shall be benefitted by the said drain or passage. VIII. And be it further enacted by the authority aforesaid, That Archibald Hamilton, John Roberts, and William Smith, shall be, and they are hereby, appointed commissioners for the said passage or drain; and they, the said commissioners, or any two of them, shall have power, and they are hereby empowered, to lay out, cut, sink, maintain and keep the said passage or drain in repair, and to assess, levy and collect the expense of the same on the several proprietors and owners of the lands which shall be benefitted thereby, in the like manner as the commissioners appointed for sinking drains in the branches of Stono river are empowered to do. IX. And be it also enacted, That in case any of the respective commissioners herein named shall happen to die, depart this Province, or refuse to act, another commissioner or commissioners shall be nominated and appointed in the room of such commissioner or commissioners, in the same manner as is directed in the like case by the Act above mentioned. JAMES MICKIE, Speaker. In the Council Chamber, the 8th day of May, 1754. Acts relating to Rivers. A. D. 1754. AN ACT FOR ASCERTAINING THE DISTRICT FOR CUTTING, CLEANSING No. 823. AND KEEPING IN REPAIR, THE CREEK OR CUT COMMONLY CALLED THE HAWLOVER. We WHEREAS, by an Act made the seventeenth day of May, in the year of our Lord one thousand seven hundred and fifty-one, entitled "An Act for amending 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, causeys, 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 enacted, 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 plantations of William Adams and Joshua Grimball, inclusive, southwesterly, and of Jehossey Island, should work on Watt's cut; and whereas, by ascertaining the district to work upon the said Watt's cut in the above manner, the greater part of the slaves that were heretofore liable to work on the cut or creek called the Hawlover, are exempted from that service, by which means, the cutting, cleansing and keeping in repair the said cut or creek called the Hawlover, is become a great burthen on the inhabitants who are at present obliged to do the same. And whereas, the said inhabitants by their petition to the General Assembly, have prayed to be relieved therein, by ascertaining the district to work on the said Hawlover cut, as was appointed by an Act of the General Assembly, passed the fifteenth day of September, one thousand seven hundred and twenty-one. 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 Assembly of the said Province, and by the authority of the same, That William Bird, Joshua Grimball, Robert Sams, Richard Jenkins, and William Jenkins, or any three of them, be, and they are hereby, appointed commissioners for cutting, cleansing and keeping in repair, the cut or creek commonly called the Hawlover, by a plantation heretofore belonging to Samuel Jones, deceased, on John's Island; and that all the inhabitants making use of the said cut or creek to come to Charlestown, residing on and near Bohicket creek; as also, all the inhabitants on the South-east side of Edisto Island, that frequently use to come through the said creek to Charlestown, living and residing from the plantation of Mrs. Mary Russell, to the plantation of Mr. William Adams, and from Mr. William Adams's to the broad road, to a place called the Public Dams; and from the public Dams, (the road to be the dividing line,) to the Anababtist meeting house; from the said meeting house to the plantation of Mr. William Jenkins, where his son John Jenkins now lives; and from the plantation of Mr. William Jenkins to the plantation of Mr. David Hext, all inclusive, shall personally work, in cutting, cleansing and keeping the said creek in repair; any thing in the first above recited Act contained to the contrary thereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That all the male inhabitants residing on the remaining part of Edisto Island, on Jehossey Island, Fenwick's Island, Chapman's Island, Adams's Island, and on the plantation of Col. Gibbes, called Bennett's Point, from the age of sixteen to sixty years, be, and they are hereby, enjoined and required, to work |