A. D. 1787. Acts relating to Rivers. said lands on a valuation, to be made by a majority of five persons, to be appointed by the court of chancery or common pleas, to value the same; which land shall, on payment of the sum at which it shall be so valued, be vested in the said company for ever. V. And be it further enacted by the authority aforesaid, That the said company shall be obliged to keep the said navigation in good and sufficient order and condition, on pain of being answerable for any damages occasioned by their wilful default or neglect. VI. And be it further enacted by the authority aforesaid, That the shares in the said company shall be forever exempted from any rate, tax, duty, assessment or imposition whatsoever; and that the said shares may be sold, transferred, assigned or bequeathed by the proprietors, respectively; and in case of their dying intestate, shall go as personal estates, according to the statute of distributions. VII. And be it further enacted by the authority aforesaid, That if any person shall, wilfully or maliciously, cut, break down, damage or destroy any bank or work to be erected or made for the purpose of the said navigation, such person shall be adjudged guilty of felony, and, on conviction, shall be compelled to work in chains upon the said navigation, for any term of time not exceeding seven years. And if any person shall throw dirt, trees, logs, or other rubbish, in the way, so as to prejudice the navigation and works aforesaid, such person shall be answerable to the said company for treble the damages sustained thereby. VIII. And be it further enacted by the authority aforesaid, That the said company shall have power and authority to use any materials in the vicinity of the works, for opening the navigation aforesaid, or keeping the same in repair, paying a reasonable price therefor, which price shall be ascertained in like manner as the value of land which the company may take, as aforesaid, in case they and the owners of said land cannot agree about the price thereof. IX. And be it further enacted by the authority aforesaid, That to all lands within two miles of the rivers so to be made navigable, as aforesaid, which have not been heretofore granted to any person, or reserved to the Catawba Indians, the said company and their successors shall have a preferable right, provided they survey and obtain a grant for the same, within three years from and after the passing of this Act; and that the said com. pany shall and may collect and reserve water for the use of their canals and locks, making satisfaction for the damage done thereby, the said damages to be ascertained in the manner above described, with respect to the value of land. X. And be it further enacted by the authority aforesaid, That the said company shall and may, and they are hereby authorized and empowered to, import into this State any number of negroes not exceeding three hundred, and that they shall have a credit for the duty on such negroes for five years from the time of importation. XI. And be it further enacted by the authority aforesaid, That upon the said negroes being entered at the custom-house, the director or directors, agent or agents, of the said company so entering them, shall make oath that they are imported for the sole purpose of being employed on the works aforesaid, and that they shall give bond with security for the payment of the duties of the same, at the expiration of the time aforesaid. XII. And be it further enacted by the authority aforesaid, That the said company and their successors, from time to time, forever, shall be capable Acts relating to Rivers. of purchasing or acquiring, holding and possessing, and of selling and disposing of any negroes or other goods and chattles, as well as of any lands or real estates. XIII. And be it further enacted by the authority aforesaid, That if any person shall be sued for any matter or thing done in pursuance of, this Act, he may plead the general issue and give this Act and the special matter in evidence; and on a verdict against the plaintiff, or a non-suit, or disconti. nuance, recover double costs. XIV. And be it further enacted by the authority aforesaid, That this Act shall be deemed and taken to be a public Act, and judicially taken notice of as such, without special pleading, and liberally construed for carrying the purposes aforesaid into effect. In the Senate House, the twenty-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Indepen dence of the United States of America. JOHN LLOYD, President of the Senate. JOHN J. PRINGLE, Speaker of the House of Representatives. A. D. 1787. AN ORDINANCE TO EMPOWER COMMISSIONERS THEREIN NAMED, TO NO. 1361. and WHEREAS, many valuable tracts of land lying on the swamps savannahs formed by Wannell's or Cuckold's creek, cannot be seasonably cultivated, for want of sufficient drains thereon, to the great detriment of the proprietors of said land. I. Be it therefore ordained, by the Honorable the Senate and House of Representatives, in General Assembly met, and by the authority of the same, That Thomas Heyward, jr., Thomas Radcliff, William Ferguson, Henry Hyrne, David Stevens, John Harrison, and William Day, be, and they are hereby, constituted and apppointed 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 laying out, sinking, maintaining and keeping in repair, a free drain or passage to carry the waters off the said swamps and savannahs, from the most convenient navi. gable place on the said Wannell's or Cuckold's creek, to be continued through the said swamps and savannahs, as far up Godfrey's savannah as the commissioners, or a majority of them, shall think necessary; then to divide in one or more drains, to be continued through or on the side or sides of the said savannah; and one or more drains, through or on the side or sides of Timmons's swamp, as far up in the said respective courses as the said commissioners shall think necessary for carrying the intention of this Ordinance into execution. Provided always, that a full and adequate satisfaction and compensation be made to all persons for the damages they may sustain from carrying this Ordinance into execution, by a fair and just valuation of seven disinterested freeholders of the parish of St. Bartholomew, or a majority of them, three to be chosen by the party who A. D. 1787. Acts relating to Rivers. may think himself aggrieved thereby, and three other disinterested freeholders of the same parish, to be chosen by the commissioners hereinbefore mentioned, or a majority of them, and the six appointed, to choose the seventh; which seven are to be summoned by the commissioners appointed by this Ordinance, or by a majority of them, in the same manner as hereinafter prescribed for laying an assessment on the proprietors of land benefited thereby. But in case either party should neglect or refuse to appoint the three freeholders asoresaid, then the commissioners, or a majority of them, herein appointed for carrying this Ordinance into execution, shall, and they are hereby authorized and empowered to, appoint six freeholders, as aforesaid, who being so appointed, shall choose a seventh; and the said commissioners so appointed, are hereby vested with the same powers and authorities, as if the persons interested had appointed the three freeholders aforesaid. II. And be it further ordained by the authority aforesaid, That the said drains shall be laid out, made and kept in repair, at the proportionable expense of the owners and proprietors of the lands which shall be benefited by the said drains or passages, and by the labor of the slaves employed on any such lands; and the said commissioners, or any three or more of them, shall and may, and they are hereby authorized and empowered, from time to time, to issue out their warrant or warrants, under their hands and seals, to seven freeholders of St. Bartholomew's parish, no ways interested in the said drains or passages, to appear before the said commissioners, or any three or more of them, at a time and place to be specified in such warrant; which freeholders, or any five of them, upon their oaths to be administered by any two of the commissioners, which oath the said commissioners, or any two of them, are hereby empowered to administer, shall enquire which of the owners and proprietors of lands on said swamps and savannahs will be benefited, and which will be damnified, by the said drains or passages. And the said freeholders shall assess and ascertain what sum or sums of money shall be paid by the owners or proprietors of the said lands, who shall be benefited by the said drains or passages, either by a sum in gross, or by instalments, for the setting out, cutting, sinking, and keeping in repair the said drains or passages, and compensating such owners and proprietors as may be damnified thereby. And the said freeholders shall also assess and ascertain what sum or sums of money, either by gross, or by instalment, shall be paid out of the above assessment, to such owners and proprietor of lands as may be damnified by making the said drains or passages, in proportion to the injury they may receive thereby. Provided always, that notice of the time and place of making such inquiry and assessment, shall be given in the State Gazette of this State, and also, given to or left at the usual or last places of abode of the persons interested, or the tenants and occupiers of the premises respectively, at least ten days before such inquiry or assessment. III. And be it further ordained by the authority aforesaid, That the said assessments and verdicts shall be set down in writing, under the hands and seals of the said freeholders, or any five of them, and shall be delivered to the said commissioners; and shall be conclusive and binding, to all intents and purposes, on all concerned; and if any of the said persons shall neglect or refuse to pay their said assessments, it shall and may be lawful for the said commissioners, or any two or more of them, and they are hereby authorized and empowered, from time to time, to issue out their warrant or warrants, under their hands and seals, to be delivered to any Acts relating to Rivers. constable or constables of the said parish, commanding him or them to levy the sum assessed, by distress and sale of the goods and chattels of the person so refusing or neglecting to pay his or her assessment, returning the overplus to the owners thereof, after such assessment and the charges of such distress and sale shall be deducted. But in case it shall happen that the defaulter or defaulters shall have no goods on which levy can be made, then it may be lawful for the said commissioners, their successors, or the majority of them, to lease the aforesaid lands, or any part thereof, to such person or persons as may be willing to hire the same, for any term not exceeding four years, which leases are hereby declared to be valid, and of as full force and effect as if they had been made and executed by the proprietors of the said lands, respectively; any former or other lease to any other person notwithstanding. IV. And that the said drains or passages may be more speedily finished, Be it further ordained by the authority aforesaid, That all the male slaves, from the age of sixteen to sixty years, residing or employed on any lands which may be benefited thereby, shall be, and they are hereby, obliged and required to work on the said drains or passages, 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 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 any two or more of them, and to be applied towards defraying the expense of making the said drains or passages, and keeping the same in repair. V. And be it further ordained 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 of the said drains or passages, and keeping of the same in repair; and to do all such matters as they, the said commissioners, shall be of opinion will best tend to carry this ordinance into execution. VI. And be it further ordained 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 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, or shall stop either of the said drains, or prevent the free passage of water through the same, from the fifteenth day of September, until the fifteenth day of July, in each or any year, shall, for every such offence, forfeit the sum of one hundred pounds sterling, to be recovered by action of debt in any court of record in 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. VII. And be it further ordained by the authority aforesaid, That if any of the said commissioners shall die, or depart this State, or shall refuse or VOL. VII.-70. A. D. 1787. A. D. 1787. Acts relating to Rivers. neglect to act, it shall and may be lawful for the remainder of the commis. sioners, 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. VIII. 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 discontinuace, 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-seventh day of March, in the year of our Lord one thousand seven hundred and eighty-seven, and in the eleventh year of the Independence of the United States of America. JOHN LLOYD, President of the Senate. JOHN, J. PRINGLE, Speaker of the House of Representatives. No. 1379. AN ORDINANCE FOR OPENING THE NAVIGATION OF LYNCH'S AND CLARK'S CREEKS, AND ALSO OF BLACK CREEK, AND APPOINTING COM MISSIONERS FOR SUPERINTENDING THE SAME. WHEREAS, a great number of the inhabitants of Cheraw, Georgetown and Camden districts, have, by their joint petitions, set forth, that the interest of the State in general, and those districts in particular, would be much advanced by clearing and rendering navigable the creeks called Lynch's and Clark's Creeks, also Black Creek. I. Be it therefore ordained, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That all the male inhabitants, from the age of sixteen to fifty years, residing on the north side of Lynch's creek, within six miles of said creek, from the fork thereof down to Weatherspoon's Ferry, shall be liable to work and clear said creek, and keep open the navigation thereof, and shall not be liable to work on any public road whatever; and from the said ferry down to the mouth of Lynch's and Clark's creeks, the inhabitants, as above, shall be equally divided between said creeks and the river Peedee, and shall be liable as well to work on said creeks, and keep open the navigation of the same, as to work on such high roads as are there established by law, and as they are now obliged to work upon; and on the south side, all the inhabitants, as above, within five miles of said creeks, from the fork thereof to where Clark's creek empties itself in Peedee river, shall also be liable, as well to clear and keep open the navigation of the same, as to work on such high roads as they are already by law obliged to work upon. |