Acts relating to Rivers. this State; and the monies so recovered to be disposed of for cutting, sinking, clearing, making and keeping in repair the said drains or water-passages. VI. And be it ordained by the authority aforesaid, That if any of the said commissioners shall die or depart this State, or shall refuse or neglect to act, it shall and may be lawful for the remainder of the commissioners, or the majority of them, to elect one or more commissioner or 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. VII. And be it further ordained 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 Ordinance, such person or persons may plead the general issue, and give this Ordinance 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 double costs of suit. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. A. D. 1784. AN ORDINANCE TO OBLIGE THE MALE INHABITANTS FROM SIXTEEN No. 1249. TO SIXTY YEARS OF AGE, RESIDING WITHIN FOUR MILES OF BLACK RIVER, IN GEORGETOWN DISTRICT, TO WORK ON AND LAY OPEN THE NAVIGATION OF THE SAID RIVER, AND FOR APPOINTING COMMISSION ERS FOR CARRYING THE SAME INTO EXECUTION. WHEREAS, many of the inhabitants residing in the neighborhood of Black River, in the district of Georgetown, have labored under many and great inconveniencies, by reason of the said river being very much obstructed and rendered almost impassable, by the many logs and trees which have fallen therein, in different places, especially as it approaches near the line of the said district. I. Be it therefore ordained, by the Honorable the Senate and House of Representatives of the said State, now met and sitting in General As. sembly, and by the authority of the same, That all male inhabitants from the age of sixteen to sixty, residing within four miles of the said river, from the ferry near the parish church of Prince Frederick, called North's Ferry, upwards to the boundary line of Georgetown district, shall be liable to work on and clear the said river from obstructions, and to open the navigation, and to keep it so, from Georgetown up to the said district line: but A. D. 1785. Acts relating to Rivers. shall not be compellable to work on the same for a longer time than six days in every year. II.. And be it further ordained by the authority aforesaid, That Robert Frierson, John Matthis, James Witherspoon, jun., William M'Collough, and John Witherspoon, sen., be, and they are hereby, appointed commissioners for carrying this Act into execution, and shall have the same powers and authority, be under the same restrictions and liable to the same penalties, in clearing the said rivers and keeping open the navigation of the same, as any commissioners of high roads and public paths, in any part of the State, are vested with, or subject to; any law, usage or custom to the contrary thereof, in any wise, notwithstanding. In the Senate House, the twenty-sixth day of March, in the year of our Lord one thousand seven hundred and eighty-four, and in the eighth year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. HUGH RUTLEDGE, Speaker of the House of Representatives. No. 1273. AN ORDINANCE TO AMEND AN ORDINANCE ENTITLED 66 AN ORDI NANCE TO EMPOWER COMMISSIONERS THEREIN NAMED TO CUT AND SINK DRAINS AND WATER-PASSAGES IN THE SWAMP AND SAVANNAHS FORMED BY THE NORTH-EAST BRANCH OF STONO RIVER," PASSED THE SIXTEENTH DAY OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-THREE; ALSO TO AMEND AN ORDINANCE ENTITLED "AN ORDINANCE TO EMPOWER COMMISSIONERS THEREIN NAMED TO CUT AND SINK DRAINS AND WATER-PASSAGES IN CACAW SWAMP, ST. PAUL'S PARISH," PASSED THE TWENTY-SIXTH DAY OF MARCH, ONE THOUSAND SEVEN HUNDRED AND EIGHTY-FOUR. I. Be it ordained, by the Honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That John Mathews, Richard Wainwright, Thomas Odingsall Elliott, and Charles Drayton, Esq'rs., be, and they are hereby, appointed commissioners for, and they, or a majority of them, are hereby authorized and empowered to lay out, cut, sink, maintain and keep in repair, or to agree for the laying out, sinking, maintaining and keeping in repair, a free drain or passage to carry off the waters from Long Savannah, Wampee Savannah, and Jack Savannah, at such time and in such manner as the said commissioners, or a majority of them, shall think most convenient and advantageous to the persons interested therein. II. And be it further ordained by the authority aforesaid, That the commissioners hereby appointed, or a majority of them, are hereby fully authorized and empowered to cut and sink a drain or water-passage for the purposes and in the manner aforesaid, from the plantation of Ralph Izard, sen., Esq., on Jack Savannah, through the plantation of Richard Wainwright, the estates of John Cattell and William Wragg, called Wampee Savannah, Acts relating to Rivers. the plantations of John Mathews, the estate of Benjamin Cattell, Thomas Odingsall Elliott, and Charles Drayton, on Long Savannah, into such part of the north-east branch of Stono River as to them shall seem most expedient and necessary. III. And be it further ordained by the authority aforesaid, That the commissioners hereby appointed, or a inajority of them, shall be, and they are hereby, invested with all the privileges, powers and authorities, and shall proceed in the same manner, as the commissioners appointed by the Ordinance before mentioned, for sinking drains through Horse Savannah, and Jack Savannah, are, respectively, invested with. IV. Be it further ordained by the authority aforesaid, That the commissioners appointed by an Ordinance passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, entitled "An Ordinance to empower commissioners therein named to cut and sink drains and waterpassages in Cacaw Swamp, St. Paul's Parish," or a majority of them, shall have power, and they are hereby authorized and required, in order to carry the said Ordinance fully into effect, to call forth and employ all the male slaves, from the age of sixteen to sixty years, residing or employed on any lands within the limits mentioned in the said Ordinance, to work on the said drains or passages, who are hereby obliged and required to work there on. And in case the owner or owners of any such slaves shall neglect or refuse to send the same to work on the said drains or passages, at any time when required so to do by the said commissioners, or a majority of them, every such owner or owners shall forfeit and pay, for every neglect or refusal, a sum not exceeding three shillings sterling per day, for every such slave that he, she or they shall so neglect or refuse to send, to be recovered by warrant under the hands and seals of the said commissioners, or a majority of them, and to be applied towards defraying the expense of making the said drains or passages, and keeping the same in repair. In the Senate House, the seventeenth day of March, in the year of our Lord one thou- JOHN LLOYD, President of the Senate. Speaker of the House of Representatives. A. D. 1785. VOL. VII.-68. A. D. 1785. Acts relating to Rivers. No. 1288. AN ORDINANCE FOR CLEARING EDISTO, WATEREE, Great and LitTLE PEEDEE RIVERS, BROAD AND SALTCATCHER RIVERS. WHEREAS, the clearing and making navigable the rivers hereinafter mentioned, will be of great and general benefit: I. Be it therefore ordained, by the Honorable the Senate and the House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That Thomas Ferguson, John Rutledge, Peter Youngblood, James Fair, Danicl Greene, Thomas Young, and Henry Felder, Esq'rs., shall be, and they are hereby appointed, commissioners for clearing and making navigable Edisto River, and the south and north forks. thereof, from Boone's Landing to Chavis's Bluff, on the south fork, and to Black Creek, on the north fork thereof, or as near to the said places, respectively, as it shall appear to the said commissioners, or a majority of them, practicable and convenient to extend the navigation thereof. And that the said commissioners, or a majority of them, shall have power and authority to contract and agree with any person or persons for clearing and making navigable the said river, and the forks thereof, as aforesaid; to receive subscriptions for carrying this business into effect, and to assess what further sum may be necessary for completing the same, on all lands, in proportion to their value, as assessed for the payment of the general tax, and which are situated within four miles of the river, from Boone's landing and Ford's Ferry, on the north side, and between Boone's Landing and Parker's Ferry, on the south side, and on all lands within six miles of the said river, or of either of the said forks, and on all male inhabitants from sixteen to fifty years of age, living within four miles of the river, from Boone's Landing and Ford's Ferry, on the north side, and between Boone's Landing and Parker's Ferry, on the south side, and on all such inhabitants from thence upwards, living within six miles of the said river, or of either of the said forks. II. And be it further ordained by the authority aforesaid, That persons who have erected or shall erect mill dams across the said river, or either of the said forks thereof, shall make a lock or passage-way, of not less than twenty-four feet wide, and sixty feet long in the clear, so as to admit boats and rafts to pass safely and commodiously through the same, and keep open one of the mill-gates from every Saturday to every Sunday evening, from the middle of February until the first day of May. III. And be it further ordained by the authority aforesaid, That the commissioners, or a majority of them, shall cause a ware-house, for the inspection of tobacco, to be erected at or near the place on each of the said forks to which the navigation shall be so extended, and also a wagon road to be laid out and made from each of the said places on the said forks, to the nearest high road in the upper part of this State, at the expense and labor of the inhabitants residing within six miles on each side of the roads so to be made. IV. And be it further ordained by the authority aforesaid, That Benjamin Hicks, sen., George Hicks, Thomas Powe, William Pegues, Captain William M'Cotery, James Greir, Francis Greaves, Col. John Irvin, and Col. Hugh Giles, Henry Davis, sen., and Archibald Odam, shall be, and they are hereby appointed, commissioners to contract and agree with any person or persons for clearing and making navigable Great Peedee river, from Euhany to the North Carolina line, and to assess what further sum Acts relating to Rivers. may be requisite to defray the expense of clearing and making navigable the said river, on all lands, in proportion to their value, as assessed for the payment of the general tax, and which are situated within six miles of the said river, from Euhany to the Warhee Bluff, and within ten miles of the said river, from the said bluff upwards, and on all male inhabitants from sixteen to fifty years of age, living within six miles of the said river, from Euhany to the Warhee Bluff, and within ten miles of the said river, from the said bluff, upwards. V. And be it further ordained by the authority aforesaid, That the commissioners last above named, shall also be, and they are hereby appointed, commissioners to contract and agree with any person or persons for clearing Little Peedee River, from the mouth of it to Drowning Creek, and for clearing Drowning Creek, up to the North Carolina line, and assess the lands in proportion to their value, as assessed for the payment of the general tax, and which are situated within ten miles of the said river or creek, and the male inhabitants from sixteen to fifty years of age, living within ten miles of the said river or creek, for the expense of clearing the same; but that persons assessed for clearing Great Peedee, shall be exempted from assessment for clearing Little Peedee or Drowning Creek. VI. And be it further ordained by the authority aforesaid, That such parts of the Ordinance entitled "An Ordinance to appoint commissioners for clearing Wall's Cut, Edisto, Wateree, Great and Little Peedee Rivers," as relate to Edisto River, and the forks thereof, or to Great or Little Peedee Rivers, shall be, and the same are hereby, repealed. VII. And be it further ordained by the authority aforesaid, That after the said rivers and creeks shall have been cleared and made navigable, the said commissioners, or a majority of them, shall and may, from time to time, assess the inhabitants who are hereby made liable to the first assessment for clearing and making navigable the same, for the expense of keeping the said rivers and creeks always clear and navigable. VIII. And be it further ordained by the authority aforesaid, That the commissioners hereby appointed, shall be, respectively, vested with the same powers for levying the assessments to be made by virtue of this Ordinance, as are vested in the commissioners of high roads, or justices of the county courts, for recovering fines or penalties from defaulters, for not working on such roads. IX. And be it further ordained by the authority aforesaid, That in case any of the commissioners hereby appointed shall die, refuse to act, or depart this State, the remaining commissioners, respectively, shall, from time to time, choose a commissioner or commissioners in the room of him or them so dying, refusing to act, or departing this State. X. And be it further ordained by the authority aforesaid, That John Lightwood, John Macteer, sen., William Ferguson, James Hamilton, Thos. Hamilton, and Daniel Desaussure, shall be, and they are hereby appointed, commissioners for clearing and making navigable Saltcatcher River, from the upper public landing, on the east side of said river, as high up as the aforesaid commissioners, or a majority of them, shall think proper. And the said commissioners are hereby authorized and empowered to receive subscriptions for carrying this business into effect; and the said commissioners, or a majority of them, are hereby further empowered to cause to be summoned all the male inhabitants from sixteen to fifty years of age, residing within five miles on both sides of the river, and westward from the public road leading across the ferry commonly called Saltcatcher Ferry, and A. D. 1785. |