Acts relating to Rivers. XVII. And be it further enacted by the authority aforesaid, That the several and respective boards of commissioners hereinbefore appointed, and their successors, or a majority of them, respectively, shall have full power and authority to receive subscriptions and donations that may be given for the improvement of the navigation of their respective rivers or creeks, and shall appropriate all such monies to that purpose; and said boards, respectively, are hereby fully authorized and empowered to sue for and recover all such monies as shall at any time be subscribed, and all forfeitures, before any justice of the peace, or court having jurisdiction of the same. 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 their double costs of suit. In the Senate House, the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety one, and in the fifteenth year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. JACOB READ, Speaker of the House of Representatives. A. D. 1794. AN ACT FOR OPENING THE NAVIGATION OF PINETREE CREEK, FROM No. 1596. THE MOUTH OF SAID CREEK TO THE FORKS THEREOF NEAR CAMDEN. WHEREAS, sundry inhabitants of the town of Camden, and other parts of Camden district contiguous thereto, have, by their petition to the Legislature, represented, that the opening of the navigation of Pinetree Creek, from the Wateree river as high up the said creek as the forks thereof, by means of dams, canals, locks, and clearing the obstructions in the said creek, would be of great advantage and public utility. I. Be it therefore enacted, by the Honorable the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That the proprietors of the lands whereon Col. Kershaw's lower mills on the said creek were formerly erected, shall and may cause the said creek to be made navigable from the mouth thereof to the place where Merchant Mills are now erecting, by the present proprietor, (Thomas Brown,) by means of dams, locks, canals, and clearing the obstructions now in the way, or in such other manner as shall seem to them most fit and convenient. II. And be it further enacted by the authority aforesaid, That the proprietors of the mills erected, and the proprietors of the mills which may be erected, upon both branches of the said creek, above the forks thereof, or either of them, shall and may open and continue the navigation of the said creek, from the lower mills, as high up the creek as to the forks thereof, by means of canals, dams locks, and clearing the obstructions in the said creek, or in such other manner as to them shall seem most fit and conve A. D. 1794. Acts relating to Rivers. nient; provided, that no injury be done thereby, either to the mills that are or may be erected below the said forks. In the Senate House, the seventeenth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. JACOB READ, Speaker of the House of Representatives. No. 1603. AN ACT TO ENABLE THE COMMISSIONERS THEREIN APPOINTED, TO CLEAR OUT AND REMOVE THE OBSTRUCTIONS IN THAT BRANCH OF ASHEPOO RIVER WHICH IS CALLED THE HORSE SHOE CREEK, AND TO CUT OR SINK AND KEEP IN REPAIR, A DRAIN OR CANAL, FROM THE HEAD OF THE SAID CREEK, UP THE SWAMP CALLED THE ROUND O SWAMP, TO THE JUNCTION OF THE TWO BRANCHES OF THE SAID SWAMP, AT THE PLANTATION KNOWN BY THE NAME OF GILKICKER'S; FOR OPENING LOWDER'S LAKE; AND FOR OTHER PURPOSES THEREIN MENTIONED. 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 that branch of Ashepoo river which is called the Horse Shoe creek, shall be well cleared out, and all obstructions therein shall be removed, and the same shall always be kept clear; and that a drain or canal, from the head of the said creek up the swamp called the Round O Swamp, to the junction of the two branches of the said swamp, at the plantation called Gilkicker's, shall be cut, sunk and made, in the manner and by the persons hereinafter appointed for that purpose. II. And be it further enacted by the authority aforesaid, That Col. William Fishburn, Dr. James Perry, John Logan, and John Postell, Esqrs. and Dr. James Clitherall, be, and they are hereby, appointed commissioners for the purposes in this Act mentioned; and that upon the death or resignation of either of them, or any commissioner hereafter to be appointed, the vacancy shall be filled up by the appointment of the remaining commissioners, and he shall have the same power and authority as the commissioners first appointed; and that any three of the said commissioners shall be a board or quorum to do any business respecting the said creek and canal or drain, arising out of this Act; and all acts, orders and resolutions, passed, carried or done, by the votes of a majority of the commissioners present at any meeting, shall be valid, legal and effectual, to all intents and purposes. III. And be it further enacted by the authority aforesaid, That if the commissioners appointed as aforesaid, shall fail to fill up the vacancy within twelve months from the time when they shall happen, each and every of the commissioners so failing, shall forfeit and pay the sum of fifty pounds, to any one of the proprietors of land on the said swamp, who shall sue for and prove the same in the circuit court of the district. Acts relating to Rivers. IV. And be it further enacted by the authority aforesaid, That the said commissioners shall hold their first meeting at such time and place as a majority of them may agree upon for that purpose, and that at that, and every meeting afterwards to be held, they shall adjourn to some certain time and place, by them to be then appointed; and that they shall meet twice or oftener in every year; the chairman of the board, or any three commissioners, shall, however, have power to call extraordinary meetings. V. And be it further enacted by the authority aforesaid, That if any commissioner shall fail or neglect to attend any stated meeting, or any extraordinary meeting, after having had two days notice of such meeting, he shall forfeit the sum of ten pounds; and if, while the laborers are actually at work, he fail or neglect to attend at the place for that purpose appointed, for every day's absence he shall forfeit the sum of two pounds; unless in either of these cases he shall offer, at the next stated meeting, such an excuse as a majority of the board shall determine to be good and sufficient. VI. And be it further enacted by the authority aforesaid, That the said board shall have power to employ a surveyor to lay out the canal aforesaid, in as ample a manner as they shall judge necessary or proper; and that the expenses thereof shall be paid by an assessment, by them to be laid, rated and levied upon every slave hereinafter declared to be liable to work on the said canal; that they shall have full authority to have the said canal or drain made as deep, and to have any such banks made thereto, as they may deem necessary and proper; and to have one or more locks made in the said canal, and to build new bridges over the said creek and canal, and to enlarge or alter any bridge now erected, or hereafter to be erected, over the said creek or canal, in such manner as they may think advisable or requisite; and that they shall be empowered to cut down or use for the said creek or canal, any trees or timber, or any earth or stone, that may be found on or near the course of the said creek or canal; any law, usage or custom to the contrary thereof in any wise notwithstanding. VII. And be it further enacted by the authority aforesaid, That every person owning or possessing any slave or slaves, residing upon the plantations in the said swamp, shall, upon oath, return to the said commissioners, whenever by them required, the name of every slave, male or female, from the age of sixteen to fifty years, both included, whom he or she may so own or possess as aforesaid; and if any such person shall fail or neglect to make such return within the time for that purpose to be prescribed by the said board, he or she shall forfeit the sum of three pounds sterling, for every slave not returned as is above directed; to be recovered, levied and raised, by warrant under the hand and seal of the chairman of the said board, or any three of the commissioners, directed to such person or persons as he or they may think fit to name for that purpose. VIII. And be it further enacted by the authority aforesaid, That every slave falling within the description in the next preceding clause contained, shall be liable to work on the said creek and canal; and whenever the said commissioners shall think it proper to call out the said slaves upon the said work, they shall give at least two days previous notice thereof, to their ownners, if they then be upoh the plantations, and if not, to the managers or over, seers upon the said plantations; and if there should be no owner, manager or overseer, upon either of the said plantations, then to the driver belonging thereto; and after having given such notice, every such slave shall, at the time appointed by the board, repair to the place for that purpose appointed, A. D. 1794. A. D. 1794. Acts relating to Rivers. each male carrying with him a spade and an axe, and each female, a hoe; and if any such slave shall fail or neglect to appear at the time and place so appointed, with the implements aforesaid, the owner thereof shall forfeit one dollar for every day during which such slave shall be absent; to be levied, recovered and raised, in the same manner as is prescribed in the seventh clause of this Act for the recovery of the penalty therein mentioned; unless such owner shall, at the next regular or stated meeting of the board, offer such excuse as they may think sufficient. Provided always, that the said commissioners shall not compel any slave to work upon the said creek or canal longer than twelve days in the course of any one year. IX. And be it further enacted by the authority aforesaid, That the said board shall always have power to summon, by a previous notice of at least two days, all the white inhabitants living upon the plantations above mentioned, who are liable to do patroll duty, to appear well armed and accou tred, at the time and place where the slaves are to be employed, and upon being so summoned, every such white inhabitant shall be bound to attend accordingly, and to execute all orders given to him by either of the commis. sioners, for the superintendance and management of the said slaves, and to preserve among them peace and good order; and if either of the said white inhabitants shall fail or neglect to attend as is above directed, or to execute the orders given him by either of the said commissioners, he shall forfeit two dollars for such neglect or disobedience of orders, and for each day's default; to be levied, raised and recovered, in the same manner as the penalty in the seventh clause of this Act is directed to be recovered; unless at the next regular or stated meeting of the board, he shall offer a sufficient excuse to them. X. And be it further enacted by the authority aforesaid, That if any person shall oppose, hinder or interrupt either of the commissioners aforesaid, in the exercise of his duty, or shall in any manner obstruct the passage or current of the water in the said creek or canal, and shall fail or neglect completely to remove such obstruction within twenty-four hours after being directed or warned to do so by either of the commissioners, or shall wilfully injure, hurt, endamage or impair any bank of the said canal, he or she shall, for either of these offences, forfeit the sum of fifty pounds sterling, to be recovered in the most summary manner, before any one or more of the judges of the court of common pleas, who shall not in any such case allow the defendant the benefit of an imparlance, but shall compel him to come to trial without delay. Xİ. And be it further enacted by the authority aforesaid, That no person shall be allowed to stop the canal, or divert the course of the water thereof, otherwise than by flood gates, to be approved of by the commissioners, nor at any other time or times, nor for any greater length of time, than they may permit. XII. And be it further enacted by the authority aforesaid, That every penalty recovered by virtue of this Act shall be appropriated by the com. missioners to defray such expenses as may be incurred in clearing out and keeping clear the said creek, and making and keeping in repair the said canal, or erecting or altering any bridge or bridges over the said creek or canal. XIII. And whereas, sundry inhabitants of Darlington county have petitioned the Legislature to clear and keep open Lowder's Lake, from Herring Acts relating to Rivers. Creek to the mouth thereof: Be it therefore enacted by the authority afore. said, That all the male inhabitants, from the age of sixteen to fifty years, residing within one mile and a half of the said lake, shall be liable to clear and keep open Lowder's Lake, from Herring Creek to the mouth of the said lake. Provided nevertheless, that nothing herein contained shall be construed to exempt any of the above hands from working on Peedee river, but they shall be exempted from working on Black Creek. And that Rich. ard Brockington, William Brockington, George McCall, and Charles Dewett, be, and they are hereby, appointed commissioners for carrying into execution this Act, as far as it respects Lowder's Lake. In the Senate House, the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in the nineteenth year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. JACOB READ, Speaker of the House of Representatives. A. I). 1795. AN АСТ то AUTHORIZE THE COMMISSIONERS THEREIN APPOINTED, No. 1616. POSE. WHEREAS, it is represented that the opening of the navigation of the river Savannah, between Vienna and Campbelton in this State, and the town of Augusta in the State of Georgia, will be attended with great advantages. 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 river Savannah, between Vienna and Campbelton, on the one side, and Augusta on the other, be cleared out, and the obstructions therein removed, by the persons hereinafter appointed for that purpose. II. And be it further enacted by the authority aforesaid, That Peter Gibbart, Flemming Bates, William Leslie, Julius Nichols, jr. Charles Jones Colcock, William Tateham, and Colonel John Glen, be, and they are hereby, appointed commissioners for the purposes in this Act mentioned; and that upon the death or resignation of either of them, or of any commissioner hereafter to be appointed, the vacancy shall be filled up by the appointment of the remaining commissioners, and he shall have the same power and authority as the commissioners first appointed; and that any five of the said commissioners shall be a quorum to do any business respect. ing the said navigation, and shall make all necessary orders, contracts and regulations concerning the same, which shall be valid and effectual to all intents and purposes. III. And be it further enacted by the authority aforesaid, That the said commissioners be, and they are hereby, vested with full power and authority to make and proceed to the drawing and concluding of one or more VOL. VII.-72. |