Acts relating to Rivers.

to the line of Colonel Daniel Heyward's tract, formerly belonging to Col. Hall, so as to leave one-third part of the said land lately agreed for by the said Henry Middleton, to the northward of the said road; and from thence, in a direct line between the lands of the said Henry Middleton and Daniel Heyward, to the north-west corner of a tract of land formerly belonging to Paul Jenys, Esqr., deceased; and from the said corner, in a direct line across the head of Captain William Sealy's tract, to the present road lead. ing to Jenys's Landing; which road shall be laid out, and well and suffi. ciently made and finished, by the labor of the male slaves, living and residing on the said several plantations of the said William and Henry Middleton; and also, by and with the labor of the male slaves of the seve ral persons who lately made use of the said road passing through the said plantations, and of all others who shall make use of or be benefitted by the said new Landing Road, to be laid out as aforesaid; and it shall and may be lawful for all and every person and persons heretofore or now making use of the said Landing Road through the said plantations of the said William and Henry Middleton, to continue to use the same as they have heretofore done, for the term of two years from and after the passing of this Act, unless the said road shall be sooner completed and finished as aforesaid.

VII. And be it further enacted by the authority aforesaid, That so soon as the new Landing Road shall be laid out, made, and completly finished, as aforesaid, the same shall be used, deemed and taken as the Landing Road, for the several persons residing to the westward of the said plantations, who formerly made use of the road passing through the said plantations of the said William and Henry Middleton; and that the male slaves belonging to them, and to all other persons who shall have occa sion to make use of the said new Landing Road hereby established; and also, the male slaves which shall be on the plantation called Dickle Burrough, belonging to the said Henry Middleton, shall be thenceforth obliged to work on the said new Landing Road, and keep the same in repair, in the same manner as other Landing Roads are usually worked on and kept in repair; and that part of the present Landing Road, from the east end of the said new road to the landing, shall be worked on and kept in repair in the usual manner, by every person who shall make use of the same for the purpose of carrying their produce to the said landing.

VIII. And be it further enacted by the authority aforesaid, That as soon as may be after the passing of this Act, the commissioners hereinafter named, shall lay out and make a road, from such part of the Purysburgh road as they shall judge most convenient, in a direct line to the north-east corner of Gideon Dupont, Junior's, tract of one hundred and fifty-two acres ; and from thence on the line between the said Gideon Dupont and Samuel Hamlin, to the north-west corner of Cornelius Dupont's tract of three hundred and seventy acres; and from the said corner, as near as may be, in a direct line to the barn of Paul Porcher's plantation, near Savannah river. And that all persons that shall or may be benefitted by the said road, shall be obliged to assist in laying out, making and keeping the same in repair, in the same way and manner as the other roads in this Province are made and kept in repair.

IX. And be it further enacted by the authority aforesaid, That Gideon Dupont, Cornelius Dupont, Paul Porcher, Samuel Porcher, and John Heyward, are hereby nominated and appointed commissioners, and they, or a majority of them, are hereby authorized and required to lay out, finish,

A. D. 1768.

A. D. 1768.

Acts relating to Rivers.

and compleat the said new roads, within two years from the passing of this Act; and shall have full power and authority, to all intents and purposes, and shall and may, at all times, use the same ways and means for causing the said new roads, respectively, to be laid out, made, and kept in repair, by the persons hereby made liable to the same, as any other commissioners of high roads have, by any law or laws of this Province. And in case any of the said commissioners shall die, depart the Province, or refuse to act, that then it shall and may be lawful for the other commissioners, or a majority of them, to choose another person to be a commissioner, in the room of him so dying, departing the Province or refusing to act; and the person so chosen shall be invested with and have the same powers and authorities as the other commissioners hereby nominated and appointed.

X. Whereas, the Act of the General Assembly, passed the ninth of April, one thousand seven hundred and thirty-four, for clearing, cleansing and making navigable the head of Ashley river, hath not proved effectual for the purposes intended, inasmuch as many valuable tracts of land, on the Cypress Swamp, at the head of the said river, are rendered, in a great measure, useless, by reason of many obstructions which cause the standing of large quantities of water therein, which lands cannot be seasonably cultivated, for want of sufficient drains or water-passsages, to the detriment of the proprietors of the same; Be it therefore enacted by the authority aforesaid, That Daniel Blake, Daniel Doyley, David Oliphant, William Sanders, and Benjamin Waring, Esq'rs., and Henry Smith, John Ioor, James Sanders, and John Ioor, jun., be, and they are hereby, constituted and appointed commissioners, and they, or the majority of them, and their successors, are hereby fully authorized and empowered, immediately after the passing of this Act, or as soon as may be, to lay out, cut, sink, clear, clean, make and keep in repair, or to contract and agree with such person or persons as they, in their discretion, shall think fit, to lay out, cut, sink, clear, clean, make and keep in repair, such drains or water-passages in and through the said lands, leading from Bacon's Bridge, up the channels or water-passages of the said swamp, and as far up the said channels or water-passages as the said commissioners, their successors, or the majority of them, may judge necessary and convenient, for draining the said swamp, and for removing of all trees, logs, timber, or any other obstructions whatsoever, which may any way hinder or interrupt the said channels or water-passages, whether the same be through the soil of our sovereign lord the King, or any other person, or any body politic and corporate, their heirs and successors. And the said commissioners, or their survivors and successors, or such person or persons as they may contract and agree with, are hereby fully authorized and empowered, by themselves, their workmen, servants or slaves, to have free ingress, egress and regress, to and from the said drains or water-passages of the said swamp, or any part thereof, through the lands and plantations of any persons whatsoever, for the better, more easy and convenient cutting, sinking, clearing, cleaning, making and keeping in repair, the said drains or water-passages.

XI. And be it enacted by the authority aforesaid, That the cutting, sinking, clearing, cleaning, making and keeping in repair the said drains or water-passages, for draining the said swamp, and for removing the obstructions aforesaid, shall be done, performed and completed at the charge and expense of the inhabitants and owners of lands who may be benefitted by such drains or water-passages, of which the said commissioners, or their successors, or the majority of them, are hereby appointed judges, from

Acts relating to Rivers.

Bacon's Bridge, up the said swamp, to the high road across the said swamp, leading into the Orangeburg Road, and commonly called the Cypress Road, and from thence to the plantation of Robert Eckles, including the said plantation which said charge shall be raised by a tax or assessment on the inhabitants and owners of such lands. And the said commissioners, their successors, or the majority of them, are hereby fully authorized and impowered to raise such tax and assessment, equally and indifferently, on the inhabitants or the owners of lands aforesaid, according to the computed number of acres subject to be overflown. And in case the inhabitants or owners of land so assessed, as aforesaid, shall refuse or neglect to pay to the said commissioners, their successors, or either of them, such sum or sums of money as he, she or they shall be charged in such assessment, after a copy of such assessment shall be affixed at the church door of the parish of St. George Dorchester, at least fourteen days, that then it shall be lawful for the said commissioners, their successors, or the majority of them, to issue warrants under their hands and seals, directed to any lawful constable of the said parish, to levy the sum or sums of money so assessed on the defaulter or defaulter's goods, and to expose the same to public sale, returning the overplus, if any there be, to the respective owner or owners, deducting the reasonable charges.

XII. And be it enacted by the authority aforesaid, That if any person or persons shall, by himself, his servants or slaves, either by felling of trees, throwing up dams, or by any other means whatsoever, obstruct or interrupt any of the said drains or water-passages, and shall not, within twenty-four hours after notice given to them, or either of them, by order of one or more of the said commissioners, or their survivors, remove, clear and take away the same, every such offender or offenders shall forfeit, for every such offence, the sum of one hundred pounds, current money of the said Province, to be levied by warrant under the hands and seals of the majority of the said commissioners, or their successors. And the said commis. sioners, or their successors, and the majority of them, shall cause the same to be removed, cleaned and taken away at the sole expense of the offender or offenders; which expense shall, in case of non-payment, be levied as aforesaid; and the penalties to be recovered, as aforesaid, shall be laid out in cleaning and keeping in repair the said drains or water-passages.

XIII. And be it enacted by the authority aforesaid, That it shall and may be lawful for the said commissioners, their successors, or the majority of them, at least twice in every year, after the said drains or water-passages shall be completed and finished, and at such convenient times and seasons as they shall think fit, by warrant under their hands and seals, directed to any lawful constable of the said parish, to summon all the male inhabitants and slaves above the age of sixteen and under the age of sixty years, who may be benefitted by the said drains or water-passages, to work and be employed in and about the cleaning and keeping in repair the said drains or water-passages, from Bacon's Bridge, up the channels or water-passages of the said swamp, to the high road across the said swamp leading into the Orangeburg Road, and commonly called the Cypress Road, and from thence to the plantation of Robert Eckles, including the said plantation. And in case any of the said male persons, with their servants or slaves, shall fail to appear on any of the days or times so to be appointed, every such defaul ter shall forfeit, for each day's absence of himself, his servants or slaves, a sum not exceeding twelve shillings and six pence, current money, to be

A. D. 1768.

A. D. 1768.

Acts relating to Rivers.

recovered and applied as aforesaid. Provided, always, that all such persons shall be summoned, as aforesaid, at least ten days before the time fixed for working, clearing, cleaning and repairing the said drains or waterpassages.

XIV. And be it enacted by the authority aforesaid, That the owners of any lands that are on the said swamp, within the bounds aforesaid, who have no settlement on such lands, either with servants or slaves, and whose lands may be benefitted by such drains or water passages, shall pay into the hands of the said commissioners, or their successors, or either of them, all such sum or sums of money which they may be taxed or assessed, for cutting, sinking, clearing and making the said drains or water-passages. And in case the owners of such lands, or any of them, shall neglect or refuse to pay the said commissioners, or their survivors, yearly and every year, the sum of twenty shillings, current money, for every computed hundred acres of swamp land, and so in proportion for a greater or lesser quantity, after the said drains or passages shall be fully completed and finished, towards cleaning and keeping in repair the said drains or water passages, it shall and may be lawful for the said commissioners, their successors, or the majority of them, to levy all such sum or sums so due, by warrant under their hands and seals, as aforesaid. But in case it shall happen that the defaulter or defaulters shall have no goods on which distress can be made, then it shall and may be lawful for the said commissioners, their successors, or the majority of them, to cause to be felled and cut down, upon the defaulter's lands, or any part thereof, and to make sale of, so much timber or timber-trees as will be sufficient to raise the sum or sums hereby taxed or assessed and made due and payable for such defaulter's lands; the said timber being first viewed, appraised and valued by, and certified under the hands and seals of, any three freeholders of the said parish, to be appointed by the said commissioners, their successors, or the majority of them, for that purpose.

XV. And be it enacted by the authority aforesaid, That the said commissioners, their successors, or the majority of them, shall meet at some convenient place, at least twice in every year, and oftener, if the majority shall think fit, to settle and determine all disputes relating to the said drains or water-passages, and to do and perform all such matters and things as they shall think necessary and convenient for the maintaining and keeping in repair the said drains or water passages, and for the improvement and preservation thereof, public notice thereof being first given in writing, to be affixed on the door of the said parish church, fourteen days, of the time and place of such meeting.

XVI. And be it enacted by the authority aforesaid, That if any person or persons whatsoever, by themselves, their servants or slaves, shall, by any ways or means, hinder or oppose the said commissioners, their successors, or such person or persons as they shall contract, agree with or appoint, their servants or workmen, from cutting, sinking, clearing and making the said drains or water-passages, or from cutting down, felling or making use of any timber-wood, earth or stones, in or near the said drains or water-passages, or from mending or repairing the same, as aforesaid, shall, for every such offence, forfeit the sum of fifty pounds, current money of the said Province, to be recovered by the said commissioners, their successors, or the majority of them, by action of debt, bill, plaint or information, in any court of record in this Province; and the monies so recovered, to be disposed of for cutting, sinking, clearing, making and keeping in repair the said drains or water-passages.

Acts relating to Rivers.

XVII. And be it enacted by the authority aforesaid, That if any of the said commissioners shall die or depart this Province, or shall refuse or neglect to act, it shall and may be lawful for the remaining commissioners, or the majority of them, to elect one or more commissioners in their room, or in default of such election, for the Governor or Commander-in Chief for the time being, to appoint; and the person or persons so elected or appointed, shall be invested with, and he or they shall and may lawfully use, exercise and enjoy, the same powers and authorities, in as full and ample manner, to all intents and purposes whatsoever, as the commissioners hereby appointed can, or lawfully may or ought to do.

XVIII. And be it further enacted by the authority aforesaid, that if any person or persons whatsoever, shall be sued, prosecuted or molested, for any matter or thing done by virtue of this Act, such person or persons may plead the general issue, and give this Act and the special matter in evidence; and in case the plaintiff or plaintiffs shall suffer a discontinuance, or verdict or judgment shall pass against him or them, the defendant or defendants shall be allowed his and their treble costs of suit.

P. MANIGAULT, Speaker.

In the Council Chamber, the 12th day of April, 1768.

Assented to:

C. MONTAGU.

A. D. 1777.

AN ACT FOR CLEARING AND MAKING NAVIGABLE EDISTO RIVER, AND No. 1041. THE FORKS OR BRANCHES THEREOF.

WHEREAS, the clearing and making navigable Edisto River, and the forks or branches thereof, will be of public utility.

I. Be it therefere enacted, by his Excellency, John Rutledge, Esqr., President and Commander-in-chief, the Honorable the Legislative Council, and the General Assembly of the State of South Carolina, and by the authority of the same, That Thomas Ferguson, Daniel Cannon, John Ward, Roger Saunders, Henry Felder, and William Hill, Esqrs., and Mr. David Rumph, be, and they are hereby, appointed commissioners, from Pon Pon Bridge, up to the forks of the said River; and John Salley, Henry Felder, Henry Young, James Pritchard, Robert Cannon, Philip Jennings, and William Powe, be, and they are hereby, appointed commissioners for the north and south forks of the said river, for clearing and making navigable the said river, from Pon Pon Bridge, up to the forks of the said river; and also, the north and south forks or branches thereof; and the said commissioners, or a majority of them, respectively, are hereby directed, required, and empowered, forthwith to cause the same to be done, and a free and clear passage of not less than thirty feet wide in the said river and the said forks or branches thereof, so to be cut and made, as far as the same will admit of that width; and in all other parts where the said river, or branches or forks thereof, are less than thirty feet wide, then to be cleared to the full width of the same, from Pon Pon Bridge as aforesaid, to the heads of the said forks or branches, or so near thereto as it is practicable to clear and make the same navigable,