Acts relating to Rivers.

II. And be it further ordained by the authority aforesaid, That all the male inhabitants, from the age of sixteen to fifty years, residing on the south side of Black creek, within four miles thereof, to the mouth thereof; also, all such inhabitants, residing on the north side of Black creek, and within two miles thereof, from the head to the mouth of the same, shall be liable, as well to clear and keep open Black creek aforesaid, as to work on such high roads as they are already by law obliged to work upon. Provided always nevertheless, that nothing herein contained shall be construed so as to oblige any above mentioned inhabitant or inhabitants to work on the said creeks, or any high roads, for a greater number of days in the year than shall be employed by other citizens of this State in working on the high roads as directed by law.

III. And be it further ordained by the authority aforesaid, That James Marshall, John Dick, Elias Dubose, Roger Willson, Daniel Dubose, John Smith, Zachariah Nettles, Robert Ellison, John Day, Josiah Corkfield, Lewis Harold, James Brown, Austin Stone, John James, John Piggott, Robert Carter, James Snow, and William Goddard, be, and they are hereby, appointed commissioners for Lynch's creek; and Henry Kennon, John Peoples, James Williamson, Michael Russell, William McMuldrough, Andrew Hunter, Albert Fort, John Powell, William Williams, John King, and Edward Cowper, be, and they are hereby, appointed commissioners for Black creek, for carrying into execution this Ordinance, and shall, respectively, have the same powers and authorities, and be under the same restrictions, in clearing said creeks, and in keeping open and improving the navigation thereof, as any commissioners of high roads and public paths in any part of this State are vested with or subject to; any law, usage or custom to the contrary in any wise notwithstanding.

IV. And be it further ordained by the authority aforesaid, That this Ordinance shall continue in force for the term of five years, and no longer.

In the Senate House, the twenty-eighth 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.

A. D. 1787.

A. D. 1788.

Acts relating to Rivers.

No. 1402. AN ORDINANCE TO APPOINT COMMISSIONERS FOR OPENING WALL'S

CUT.

WHEREAS, an Ordinance to appoint commissioners for clearing Wall's Cut, and Edisto, Wateree, Great and Little Peedee Rivers, passed the twenty-sixth day of March, one thousand seven hundred and eighty-four, has not hitherto been carried into effect, so far as respects the clearing of Wall's Cut, for the want of sufficient funds, the grant of three hundred pounds on the treasury, as specified in the said ordinance, being found inadequate for the purpose, and the commissioners appointed have not taken upon themselves to act. And whereas, the clearing and opening the cut commonly called Wall's, hereinbefore mentioned, will be of great and gen

eral benefit:

I. Be it therefore ordained by the Honorable the Senate and House of Representatives, now met and sitting in General assembly, and by the au thority of the same, That Richard Proctor, John Joiner, William Hort, John Leacraft, and Daniel Stevens, Esq'rs., shall be, and they are hereby appointed, commissioners for clearing and opening the cut commonly called Wall's Cut. And the said commissioners, or a majority of them, shall have full power and authority to contract and agree with any person or persons for making Wall's Cut wider and deeper, and for having the sides of the said cut secured by piles or stakes, in such manner as the said commissioners shall judge most proper and effectual for enabling large boats and rafts to pass through the same; and the said commissioners, or a majority of them, may draw orders on the treasury, in favor of the person or persons undertaking the work, for the sums of money, (that is to say three hundred pounds sterling,) granted in and by the above recited Ordinance; which orders, the commissioners of the treasury shall pay out of any monies in the treasury, (except such as are appropriated to the payment of the foreign debt;) any law to the contrary notwithstanding.

II. And be it further ordained by the authority aforesaid, That the said person or persons so completing said work, as aforesaid, their executors, administrators or assigns, shall, thereupon, be entitled to demand, receive and take, by way of toll, for every sloop or schooner, five shillings; for every pettiauger or large trading boat, two shillings and six pence; for every pleasure boat or rowing canoe, commonly called plantation boats, one shilling; and for every raft of lumber, five shillings; each and every time they shall pass through the said cut, for the term of fourteen years next after completing the work aforesaid; which toll, the collectors thereof shall be entitled to receive before the passage of any craft or rafts, as aforesaid, through the said cut.

III. And be it further ordained by the authority aforesaid, That the persons who may be entitled to such toll, shall, during the said term, keep the said cut in complete repair, and free from all obstructions and impediments to the navigation, and on default of so doing, shall thenceforward lose all benefit of this Ordinance.

IV. And be it further ordained by the authority aforesaid, That in case any of the commissioners by this Ordinance appointed, shall die, depart the State, or refuse to act, it shall and may be lawful for the other commissioners, or a majority of them, to nominate and appoint any other person or persons in the room of him or them so dying, departing the State or refusing to act;

Acts relating to Rivers.

and the person or persons so chosen shall be invested with the same powers and authorities as the other commissioners hereby appointed.

In the Senate House, the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN JULIUS PRINGLE, Speaker of the House of Representatives.

A. D. 1788.

AN ORDINANCE FOR OPENING THE NAVIGATION OF A CREEK CALLED No. 1403.

THE STAVE-LANDING CREEK, AND TO DIG A CANAL FROM THE UPPER

END OF THE SAID CREEK, TO THE MAIN ROAD LEADING FROM CHARLESTON TO CAMDEN.

WHEREAS, the company for opening the navigation of the Catawba and Wateree Rivers, have, by their petition to the General Assembly, represented that the opening of the navigation from the Wateree, up a creek called the Stave-Landing Creek, and to dig a canal from the upper end thereof to the main road leading from Charleston to Camden, by means of canals, dams and locks, and clearing the obstructions now in the way, will be of public utility:

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 the said company shall and may cause a navigation to be made from the said river to the public road aforesaid, near Statesburg, or so far up as they may think necessary, by means of dams, canals and locks, or in such other manner as to them shall seem most fit and convenient. And the said company shall be entitled to the same toll and other advantages as are granted to them for opening the navigation of the Catawba and Wateree Rivers, by an Act passed the twenty-seventh day of March last, entitled "An Act for the opening of the navigation of the Catawba and Wateree Rivers," and shall have the same powers and authorities, and be under the same restrictions, as are therein mentioned.

In the Senate House, the twenty-seventh day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN JULIUS PRINGLE, Speaker of the House of Representatives.

A. D. 1788.

Acts relating to Rivers.

No. 1419. AN ACT TO ESTABLISH A COMPANY FOR OPENING THE NAVIGATION OF BROAD AND PACOLET RIVERS.

WHEREAS, John Henderson, Francis Bremar, James Martin, James Green Hunt, John Martin, Thomas Brandon, James Knox, Joseph Palmer, Charles Miles, Charles Sims, James Powell, William Farr, Minor Winn, James Craig, Zachariah Bullock, John Hampton, David Hopkins, Thomas Baker, and John Winn, have petitioned the General Assembly, praying that they may be incorporated for the purpose of opening, by means of locks, dams or canals, or by any other ways or means, not destructive to the rights of any other citizen, the navigation of Broad and Pacolet Rivers, from Friday's Ferry, on the Congaree River, to the mouth of King's Creek, on Broad River, and Grindon's Shoals, on Pacolet River; and having represented it as a work of great public utility, pray to be invested with ample powers, privileges and immunities, for carrying their purpose into speedy effect, and that they may be known by the name or title of "The Company for opening the navigation of Broad and Pacolet Rivers."

I. Be it therefore enacted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the said petitioners, and such others as shall be admitted into the said company, be, and they are hereby, incorporated, by the name or title of "The Company for opening the navigation of Broad and Pacolet Rivers."

II. And be it further enacted by the authority aforesaid, That the said company, by the name and style aforesaid, shall and may sue and be sued, implead and be impleaded, in any court within this State; and that they may frame any rules or regulations and make by-laws for their own government, and may appoint their own officers; provided, such rule, regulalation, by-law or appointment, be not inconsistent with or repugnant to any law of this State.

III. And be it further enacted by the authority aforesaid, That the said company shall and may cause a navigation to be made on the rivers aforesaid, by means of locks, dams and canals, or such other mode as they may conceive most conducive to effectuating their purpose, from Friday's Ferry, on Congaree River, to the mouth of King's Creek, on Broad River, and Grindon's Shoals, on Pacolet River; and that they, and their successors for ever, shall and may fix, and shall be entitled to take and receive, by way of toll, for all goods and produce carried through, and all boats, vessels and craft, lumber or rafts, passing on or through the said river, within the limits aforesaid, such sums or rates as the said company may impose, not exceeding, at any time, twenty-five pounds per cent per annum on the money which they may have spent in opening and keeping in repair the said navigation, (to ascertain which, the books of the company shall always be liable to the inspection of the Legislature;) that the said toll shall be payable in current money of the State; and that the said company, or their agents, may stop any goods, boats, craft or rafts, from passing on the said rivers, until payment of the toll.

IV. And be it further enacted by the authority aforesaid, That the said company shall have power to open and keep open such road and roads, on each side of the banks of said rivers, as they may deem necessary for the use of the navigation aforesaid, and to purchase, for themselves and their successors for ever, all such lands as they may think conveninent and necessary; and in cases where it is necessary that the company shall possess

Acts relating to Rivers.

land for carrying on the work, which they cannot agree for with the tenant, it shall be taken at the valuation of five persons, appointed by the court of common pleas; which land, upon the payment of the sum at which it was valued, shall be recorded as the property of the company and their successors for ever.

V. And be it further enacted by the authority aforesaid, That from the time of the said navigation's being opened, the company shall be obliged to keep it in good and sufficient repair, order and condition, on pain of being answerable for any wilful neglect or default.

VI. And be it further enacted by the authority aforesaid, That the shares in said company, forever, shall be exempted from any rate, tax or duty whatsoever; and that the said shares may be sold, transferred, assigned or bequeathed by the proprietors, respectively; and in cases of intestacy, shall descend as personal estate, according to the statute of distribution. VII. And be it further enacted by the authority aforesaid, That if any person shall, wilfully and maliciously, cut, break down, damage or destroy any bank or other work, erecting or erected and made for the purpose of 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 years not exceeding seven. And any person throwing dirt, trees, stones, or other kind of rubbish, so as to obstruct the navigation or prejudice the works, shall answer to the company for treble the damages sustained thereby.

VIII. And be it further enacted by the authority aforesaid, That the said company may use any materials in the vicinity of said navigation, the value of which shall be ascertained in like manner as the value of land which the company may take, as aforesaid, in case they and the owners 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 navigable, as aforesaid, which have not been granted to any person heretofore, the said company and their successors, shall have an exclusive right, provided they survey and obtain a grant for the same, within three years from and after the passsing of this Act. And the said company may collect and reserve water for the use of their canals and locks, making satisfaction for the damages 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 and their successors, from time to time, for ever, shall be capable of purchasing or acquiring, holding and possessing, and of selling and disposing of, any negroes or other goods and chattels, as well as of any lands or real estates.

XI. And be it further enacted by the authority aforesaid, That if any person shall be sued for any thing transacted in consequence of this Act, he may plead the general issue and give this Act in evidence.

In the Senate House, the twenty-ninth day of February, in the year of our Lord one thousand seven hundred and eighty-eight, and in the twelfth year of the Independence of the United States of America.

JOHN LLOYD, President of the Senate.

JOHN JULIUS PRINGLE, Speaker of the House of Representatives.

A. D. 1788.