A. D. 1790.

No. 1485. AN ORDINANCE TO

Acts relating to Rivers.

OBLIGE ALL THE MALE INHABITANTS, FROM THE AGE OF SIXTEEN TO FIFTY YEARS, RESIDING WITHIN TWENTY MILES OF BLACK MINGO FERRY, (WHO USE BLACK MINGO CREEK TO SEND THEIR CROPS TO MARKET,) TO WORK ON AND LAY OPEN THE NAVIGATION OF BLACK MINGO CREEK, FROM ITS CONFLUENCE WITH BLACK RIVER TO BLACK MINGO BRIDGE, AND FOR APPOINTING COM

MISSIONERS FOR CARRYING THE SAME INTO EXECUTION.

WHEREAS, many of the inhabitants residing in the neighborhood of Black Mingo, in the district of Georgetown, have labored under many and great inconveniences, by reason of the said creek being very much obstructed by the many logs and trees fallen therein, in different places; and owing to the said obstructions, the vessels which use the same asking exorbitant freights for carrying said inhabitants's produce to market.

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 within twenty miles of Black Mingo Ferry, who make use of the said creek to send their crops to market, (the commissioners hereafter named to be judges thereof,) shall be liable to work on and clear the said creek from obstructions, and to open the navigation thereof, from its confluence with Black River, to Black Mingo Bridge; but shall not be compelled 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 Capt. Anthony White, Patrick Dollard, Esq., and James Zuill, of Black Mingo Ferry, be, and they are hereby, appointed commissioners for carrying this Ordinance into execution; and that the said commissioners, or a majority of them, shall have the same powers and authority for opening the said navigation, as any commissioners for high roads and public paths in any part of this State are vested with; any law, usage or custom to the contrary notwithstanding.

In the Senate House, the twentieth day of March, in the year of our Lord one thousand seven hundred and ninety, and in the fourteenth year of the Independence of the United States of America.

D. DE SAUSSURE, President of the Senate.

JACOB READ, Speaker of the House of Representatives.

AN ACT FOR

Acts relating to Rivers.

OPENING AND

A. D. 1791.

IMPROVING THE NAVIGATION OF GREAT No. 1505. PEEDEE, WATEREE, CONGAREE, BROAD RIVER, SAVANNAH, KEowe, TUGALOO AND BLACK RIVERS, LYNCH'S, BLACK, JEFFRIE'S AND CatFISH CREEKS.

I. Be it 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 Tristam Thomas, Morgan Brown, William Pegues, Esq'rs., Barron Paelnit, Alexander M'Intosh, Moses Pearson, William Strother, Nathaniel Sanders, Samuel Benton, Thomas Evans, and Richard Brockington, be, and are hereby appointed, commissioners to open and improve the navigation of Great Peedee River, from the North Carolina line down to the mouth of Black Creek, and shall be called and known by the name of the Upper Board of Commissioners on Peedee; and that all the male inhabitants, between the ages of sixteen and fifty years, living within six miles of said river, shall be, and they are hereby made, liable to work on the same, under the direction of said commissioners, for the space of six days in a year, if required, and no more.

II. And be it further enacted by the authority aforesaid, That William Wilson, John M'Kee, Moses Murfee, Gavin Witherspoon, John Witherspoon, John Dozer, John Porter, Shadrach Simons, John Gregg, Thomas Benton, Abel Goodman, and James Greer, be, and they are hereby appointed, commissioners to open and improve the navigation of Great Peedee River, from the mouth of Black Creek down to Euhaney, and shall be called and known by the name of the Lower Board of Commissioners on Peedee; and that all the male inhabitants, between the ages of sixteen and fifty years, living within six miles of said river, shall be, and they are hereby made, liable to work on the same, under the direction of said commis. sioners, except such persons within six miles, as aforesaid, who may live nearer to Black Creek, Jeffrie's Creek, and Lynch's Creek, than to the said River; which persons so excepted shall be, and they are hereby made, liable to work on said creeks, respectively.

III. And be it further enacted by the authority aforesaid, That Latamore Edmonds, William M'Muldrow, Andrew Hunter, Henry Cannon, John King, John Sanders, and Albert Fort, are hereby appointed commissioners for improving the navigation of Black Creek, from the mouth of said creek as far up as the fork; and that all the male inhabitants, living within four miles on each side of the said creek, between the ages of sixteen and fifty years, are hereby made liable to work on the said creek, not more than six days in any one year.

IV. Be it further enacted by the authority aforesaid, That Needham Lee, Daniel Dubose, John Castles, John Huggins, James Marshal, Charles Evans, George Evans, John Piget, Elias Dubose, Absalom Sauls, Andrew Dubose, Elisha Mayce, James Rochel, and Jesse Minton, Esq'rs., be, and they are hereby appointed, commissioners to open and improve the navigation of Lynch's Creek, from the plantation of Captain Charles Evans, down to the Effingham Mills, and shall be called and known by the name of the Upper Board of Commissioners on Lynch's Creek; and all the male inhabitants, between the ages of sixteen and fifty years, living within five miles of said creek, from four miles above Captain Charles Evans's down to the mills aforesaid, shall be, and they are hereby made, liable to work on said creek, under the direction of said commissioners, for the space of six days in a year, if required, and no more.

VOL. VII.-71.

A. D. 1791.

Acts relating to Rivers.

V. And be it further enacted by the authority aforesaid, That William Goddard, Austin Stone, John Simmons, Lewis Howell, John Smith, Robert Ellison, John James, James Brown, Josiah Corkfield, Zachariah Cato, and Zachariah Nettles, Esq'rs., be, and they are hereby appointed, commissioners to open and improve the navigation of Lynch's Creek, from the Effingham Mills to the mouth thereof, and shall be known by the name of the Lower Board of Commissioners on Lynch's Creek; and all the male inhabitants between sixteen and fifty years of age, living within five miles of said creek, and not within six miles of Great Peedee, shall be, and they are hereby made, liable to work on said creek, under the direction of said commissioners, for the space of six days in a year, if required, and no

more.

VI. And be it further enacted by the authority aforesaid, That Whan Moore, Joseph Lloyd, Isaac Ross, jun., Douglass Stark, Samuel Boykin, John Chesnut, William Whitaker, Duncan M`Ra, John Kershaw, and Zachariah Cantey, Esq'rs., be, and they are hereby appointed, commissioners to open and improve the navigation of the Wateree river, from the falls, near Mr. Chesnut's Ferry, down to the confluence of Wateree and Congaree, and shall be called and known by the name of the Wateree Board of Commissioners; and all the male inhabitants between sixteen and fifty years of age, living within six miles of said river, except such that live nearer to the Congaree than to the Wateree river, shall be, and they are hereby made, liable to work on said Wateree river, under the direction of said commissioners, for the space of six days in a year, if required, and no

more.

VII. And be it further enacted by the authority aforesaid, That Richard Hampton, James Taylor, Robert Lithgow, Joseph Culpepper, William Howell, jun., John James Haig, John Threewits, Joel Adams, William Russell Thomson, Richard Brown, Alexander Blair, and John Esq'rs., be, and they are hereby appointed, commissioners to open and improve the navigation of Congaree River, from the confluence of Broad and Saluda Rivers, to the confluence of Congaree and Wateree Rivers, and shall be called and known by the name of the Congaree Board of Commissioners; and all the male inhabitants between the age of sixteen and fifty years, living within six miles of said river, and who do not live nearer to Wateree than Congaree River, shall be, and they are hereby made, liable to work on said Congaree River, for the space of six days in a year, if required, and no more.

VIII. And be it enacted by the authority aforesaid, That Andrew Pickens, Robert Anderson, Benjamin Claveland, Nicholas —, and Moses Esq'rs., be, and they are hereby appointed, commissioners to open and improve the navigation of the River Keowee, from Fort Prince George, on said river, to the confluence of Tugoloo and Keowee, and on Tugoloo, from Chawgee creek to the confluence of said river and Keowee, and from thence down Savannah river to the old boundary line, and shall be called and known by the name of the Pendleton County Board of commis. sioners; and that Richard Barksdale, Robert Allen, Thomas Winn, John Hamilton, and Peter Esq'rs, be, and they are hereby appointed, commissioners for that part of Savannah river between the old boundary line and the mouth of Long-Cane creek, and shall be called the Abbeville County Board of Commissioners; and that Hugh Middleton, Robert Ware, LeRoy Hammond, Thomas Key, and Dury Pace, Esq'rs., be, and they are hereby appointed, commissioners for that part of Savannah river between

Acts relating to Rivers.

the mouth of Long-Cane creek and Col. Hampton's Bridge, opposite to Augusta, and shall be called the Edgefield County Board of Commissioners; and that all male inhabitants, between the age of sixteen and fifty years, living within six miles of the said rivers, shall be obliged to work on the same, not exceeding the space of ten days in one year, and no more, and shall not be compellable to work on any or either of said rivers out of their respective districts. And the said three last mentioned boards of commissioners shall constitute one board for the purpose of receiving and appropriating all such sums of money as shall be subscribed or given for the im provement of the navigation of the said three rivers; and all monies so received shall be applied at the discretion of a majority of the said board. But in all other cases they shall be considered as separate boards.

IX. And be it further enacted by the authority aforesaid, That Benjamin Davis, Minor Henry Davis, jun., Joshua Avent, and William Keeffe, be, and they are hereby appointed, commissioners to open and improve the navigation of Catfish creek, and shall be called and known by the name of the Board of Commissioners of Catfish creek; and that all the male inhabitants, between the ages of sixteen and fifty years, residing within three miles of the said creek, from the mouth of the said creek up to the causeway near Thomas Godbolt's plantation, shall be, and they are hereby made, liable to work on the said creek, under the direction of the said commissioners; provided, that no person be made liable to work thereon more than six days in one year.

X. And be it further enacted by the authority aforesaid, That Francis Green, William Lister, John Murray, William Moore, William Healthly, Robert Witherspoon, Robert Irvin, John Greyham, and John Robinson, be, and they are hereby appointed, commissioners to open and improve the navigation of Black River, from Benbow's ferry down to North's ferry, on said river, and shall be called and known by the name of the Black River Board of Commissioners; and all the male inhabitants, between the ages of sixteen and fifty years, living within three miles of said river, shall, and they are hereby made liable to, work on the same, under the direction of said commissioners, six days in a year, if required, and no more.

XI. Be it enacted by the authority aforesaid, That the said respective boards of commissioners shall have full power and authority, when they shall think necessary, to summon all the said male inhabitants, giving two days previous notice, to work on said rivers or creeks in their respective districts; and if any person or persons shall refuse or neglect to go or send their male slaves, when summoned by the commissioners aforesaid, or by any person by them appointed for that purpose, every such person shall forfeit and pay a sum not exceeding two dollars per day, at the discretion of the commissioners, for himself, and one dollar per day for every male slave so neglected or refused to be sent, to be recovered by immediate warrant of distress, under the hands of any three or more of the commissioners, against any of the goods and chattels of the defaulters, which, after ten days public notice, shall be sold for the purpose of paying the fine aforesaid, and charges accruing thereon; and the overplus, if any, returned to such defaulter. And all fines so recovered shall be by the commissioners appropriated to the improvement of the navigation of the respective rivers or creeks where the defaulter is made liable to work.

XII. And be it further enacted by the authority aforesaid, That the several and respective boards of commissioners herein before appointed, shall have full power and authority to divide their respective districts into smaller

A. D. 1791.

A. D. 1791.

Acts relating to Rivers.

ones, and direct what hands shall work therein. They shall also appoint overseers of said small districts, and the overseers so appointed are hereby impowered moderately to correct all such male slaves as shall refuse or neglect to do his work when present; the overseer shall return his name to the commissioners, who shall fine him, for the first offence, a sum not exceeding two dollars, and for the second offence, a sum not exceeding ten dollars, at the discretion of the commissioners, to be recovered and appropriated as other fines herein before mentioned. And if any of the overseers to be appointed by virtue of this Act, shall refuse or neglect to serve and do his duty, agreeable to law and the direction of the commissioners, he shall forfeit and pay a sum not exceeding ten pounds, at discretion of the commissioners, to be recovered and appropriated as herein before mentioned. Provided, that no person shall be compelled to serve as an overseer more than one year in any term of three years.

XIII. Be it further enacted by the authority aforesaid, That the seve ral and respective boards herein before appointed, shall be, and they are hereby, fully authorized and impowered to take and make use of any boats, flats or canoes, within their respective districts, for the purpose of improving the navigation of their respective rivers or creeks, (except such as are kept for the use of any public ferry,) and shall return the same to the place where taken from, or to the landings of the proper owners. Provided, that no boat, flat or canoe shall be detained from the owner more than ten days in any one year.

XIV. And be it further enacted by the authority aforesaid, That the several and respective boards of commissioners, according to their several divisions, shall have full power and authority to cut down and make use of any timber wood, earth or stone, in or near their respective rivers or creeks, for the purpose of improving the navigation of the same, as to them shall seem necessary. And if any person or persons shall stop up, or in any wise injure or impede the navigation of said rivers or creeks, by felling trees, rolling of logs, rocks, &c., into them, such person or persons so offending shall forfeit and pay a sum not exceeding five pounds for every such offence, at the discretion of the commissioners, and shall also be compelled to remove all such obstructions by him or them occasioned.

XV. And be it further enacted by the authority aforesaid, That the several and respective boards of commissioners shall be, and they are hereby, fully authorized and required, at all such places as may think it necessary, to fix and establish buoys or other way marks, directing boats or other vessels to the proper channel; and also to erect and establish such posts or beams as they may think necessary, for assisting boats and other craft in warping over difficult places; and if any person or persons whatever shall wilfully remove or destroy any buoys, way-marks, posts or beams so established, such person or persons shall forfeit or pay for every such offence a sum not exceeding five pounds, at the discretion of the commissioners, to be recovered and appropriated as hereinbefore directed, and shall also be liable to make good all damages by him or them so done.

XVI. And be it further enacted by the authority aforesaid, That if any vacancy shall happen in any of the boards of commissioners hereinbefore appointed, the remaining commissioners of the board having such vacancy, or a majority of them, at their next meeting, shall choose some fit person to fill up such vacancy, and the person so chosen is hereby declared to be a commissioner, and vested with all the powers and authorities by this Act given to any of the commissioners hereinbefore named.