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Acts relating to Rivers.

IV. And be it enacted by the authority aforesaid, That the aforesaid commissioners, or a majority of them, or their successors, shall have full power and authority to continue the canal aforesaid and specified, as high up the said swamp, and in such courses, and of such size, as they may deem convenient and proper; and also to make and keep in repair, a drain or canal, up the swamp called the Horse-shoe Swamp, which vents into the aforesaid creek, and to make the same of such width, depth, and in such courses and directions, as they may think right and proper. And in extending and keeping in repair the first mentioned canal, or in laying out, making, and keeping in repair, the canal or drain up the Horse-shoe Swamp, the aforesaid commissioners, or a majority of them, or their successors, are hereby declared to be possessed of all the powers and authority specified in the aforesaid Act, passed on the twentieth day of December, in the year of our Lord one thousand seven hundred and ninety-four, and in this Act.

V. And be it further enacted by the authority aforesaid, That all expenses which may be incurred in laying out the said canals, and building bridges over them and the aforesaid creek, and also in making locks in the said canals, shall be defrayed by an impartial and equitable assessment, to be made by the commissioners, or a majority of them, or of their suc>cessors, on all the lands which may be benefitted by the clearing out the said creek, and in making and keeping in repair the said canal, or canals, and on all the slaves made liable to work on the same; and such assessment shall be recovered, in case of default, in the same manner as is specified in the third clause of this Act.

VI. And be it further enacted, That a journal of all their proceedings shall be kept by the aforesaid commissioners and their successors, which shall be open to the inspection of the proprietors on the said swamps, who may make, at any time, any extracts they may think proper, from the

same.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-five, and in the twentieth year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBERT BARNWELL, Speaker of the House of Representatives.

A. D. 1795.

AN ACT TO OPEN AND KEEP IN REPAIR A CANAL, TO LEAD FROM No. 1640. ROGERS'S LAKE INTO PEEDEE RIVER.

WHEREAS, sundry inhabitants of Marlborough county have petitioned the Legislature of this State to have opened and kept in repair the canal hereinafter mentioned, and it appears that it would be very advantageous to the said county that the same should be done.

I. Be it therefore enacted, by the Honorable the Senate and House of Re presentatives, now met and sitting in General Assembly, and by the authority of the same, That Robert Allison, Edward Crausland, and Tristam

A. D. 1796.

Acts relating to Rivers.

Thomas, shall be, and they are hereby appointed, commissioners for the purposes hereinafter mentioned; and that they, or a majority of them, and their successors, or a majority of them, shall, from time to time, appoint such person or persons as may be necessary to supply any vacancy or vacancies which may happen among the said commissioners, by death, resignation, removal from the county, or otherwise; and that in case the said commissioners, or their successors, should neglect to supply any such vacancy, for six calendar months after the same may happen, the judges of the county court of the said county for the time being, shall, upon application by any three of the inhabitants of the said county, appoint some person or persons to supply such vacancy or vacancies.

II. And be it enacted by the authority aforesaid, That the said commissioners, or a majority of them, and their successors, or a majority of them, shall have full power and lawful authority to lay off, open, sink, cut, clear out and keep in repair, a canal of not more than fifty feet width, to lead from any part of the said lake to such part of the said river as they may deem most fit; and also to stop up, obstruct, and constantly keep shut, the creek running therefrom, commonly called Naked Creek, at such part thereof as they may deem most convenient; and also to divert the water from the said creek, so far as to run through the said lake and canal. Provided, always, that the expense of carrying this Act into execution shall always be defrayed by voluntary subscription.

III. And be it further enacted by the authority aforesaid, That the said canal, when opened, shall, forever afterwards, be and remain free and common to the use and enjoyment of every citizen of this country, and the public at large.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand seven hundred and ninety-six, and in the twenty-first year of the Independence of the United States of America.

DAVID RAMSAY, President of the Senate.

ROBT. BARNWELL, Speaker of the House of Representatives.

A

No. 1760. AN ACT TO REPEAL THE ACT ENTITLED "AN ACT TO ESTABLISH COMPANY FOR THE OPENING THE NAVIGATION OF BROAD AND PACOLET RIVERS.'

WHEREAS, a large majority of the persons composing the said company, have relinquished to the State all their right, interest and claim, in and to the said Act of corporation. And whereas, the said company have altogether failed and neglected to carry into execution the great and beneficial objects for which they were incorporated.

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 Act, and every clause and provision thereof, be, and the same is hereby, repealed

II. And be it further enacted by the authority aforesaid, That three commissioners be appointed by his Excellency the Governor, in behalf of

Acts relating to Rivers.

the State, and three commissioners by such persons as have not relinquished their shares in the said company; which six commissioners shall appoint a seventh; and they, or a majority of them, shall have power to determine whether the above resumption of the charter be injurious to the said persons, considering their laches and non-user of their charter. And if they, or a majority of them, shall determine the said resumption to be injurious, that they, or a majority of them, shall determine what compensation it would be proper to make such persons, and report the same to the Legislature.

III. And be it further enacted by the authority aforesaid, That Warren Buford, William Hill, Arramenas Lyles, Joseph Brown, John Pearson, Joseph Hughes, Thomas Taylor, Robert Stark, and John A. Summers, be, and they are hereby appointed, commissioners to superintend and contract for the opening the aforesaid rivers; and they are hereby authorized to draw on the treasury of this State for any sum not exceeding ten thousand dollars, towards defraying the expense that may arise in making the said Broad and Pacolet Rivers navigable.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and one, and in the twenty-sixth year of the Independence of the United States of America.

JOHN WARD, President of the Senate.

THEODORE GAILLARD, Speaker of the House of Representatives.

A. D. 1801.

AN ACT TO OPEN THE NAVIGATION OF CERTAIN RIVERS THEREIN MEN No. 1857. TIONED, AND FOR CUTTING A CANAL ACROSS NORTH ISLAND.

WHEREAS, the opening and clearing of the inland navigation of the large rivers of this State, would be highly beneficial to the agricultural, commercial and general interest thereof, and would greatly facilitate and cheapen the carriage of produce and other heavy commodities to market; therefore,

I. Be it enncted, by the Honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the authority of the same, That John Drehr, James Gowdy, Sampson Pope, Major William Moore, Phillimon Berry Waters, William Caldwell, and Elihu Caldwell, be, and they are hereby appointed, commissioners to contract for and superintend the opening of Saluda and Broad rivers, as far up the said Saluda river as the sum of money hereafter appropriated for that purpose shall be sufficient.

II. And be it further enacted by the authority aforesaid, That the sum of ten thousand dollars be, and is hereby, appropriated for opening the said river Saluda, from the confluence of the said Saluda and Broad rivers as the said river Saluda as the said sum shall be sufficient to make the said river navigable for boats.

far up

III. And be it further enacted by the authority aforesaid, That Major John Hampton, Mr. John Taylor, William Joseph Hughes, Thomas Jenkins, Capt. Edward Tilman, Reuben Sims, William Hill, and Maj. Adam

VOL. VII.-73.

A. D. 1805.

Acts relating to Rivers.

Meek, be, and they are hereby appointed, commissioners to contract for and superintend the opening of the navigation of Broad river, from the confluence of Broad and Saluda rivers to the confluence of Broad and Pacolet rivers.

IV. And be it further enacted by the authority aforesaid, That the sum of four thousand dollars be, and is hereby, appropriated for the purpose of opening the navigation of the said Broad river, as aforesaid.

V. And be it further enacted by the authority aforesaid, That John Moffit, Obadiah Tremier, Thomas Stribling, Benjamin Glover, William Pace, Leroy Hammond, James Calhoun, Samuel Earle, David Sloan, Jas. R. Baird, William Noble, James Lawson, Samuel Crafton, and Peter Gibert, be, and they are hereby appointed, commissioners to contract for and superintend the clearing and opening the navigation of Savannah river, from Campbelton to the confluence of the Tugaloo and Keowee rivers; and they are hereby authorized and empowered to act with and in conjunction with the commissioners which are or shall be appointed by the State of Georgia, for the same purpose.

VI. And be it further enacted by the authority aforesaid, That the sum of ten thousand dollars be, and is hereby, appropriated for the purpose of opening the said Savannah river, from Campbelton to the confluence of Tugaloo and Keowee rivers, when the like sum is appropriated for the like purpose by the State of Georgia.

VII. And be it further enacted by the authority aforesaid, That William Pegues, sen., William Powe, Col. Andrew Smith, Major Drury Robertson, Thomas Ellerbe, John Lyde, Malachi Pegues, Adam Marshall, Colonel Benton, Cornelius Mandaville, Gavin Witherspoon, James Lyde, and John Gibson, be, and they are hereby, appointed to contract for and superintend the opening and clearing the navigation of Big Peedee, from Britton's ferry to the place where the North Carolina line crosses the said river.

VIII. And he it further enacted by the authority aforesaid, That the sum of four thousand dollars be, and is hereby, appropriated for the purpose of clearing and opening the navigation of Big Peedee, from Britton's ferry to the place where the North Carolina line crosses the said river.

IX. And be it further enacted by the authority aforesaid, That Zachariah Cantey, Matthew Moore, Isaac Ross, Duncan M'Ra, Dan Carpenter, Major J. Moore, and W. J. Reese, be appointed commissioners to contract for and superintend the improvement of the navigation of Wateree river, from Camden ferry to its confluence with Congaree River.

X. And be it further enacted by the authority aforesaid, That the sum of two thousand dollars be appropriated for the improvement of the navigation of that part of Wateree river between Camden ferry and its con fluence with Congaree river.

XI. And be it further enacted by the authority aforesaid, That each Board of commissioners appointed for the purposes before mentioned in this Act, shall, and they are hereby directed to, lodge with and make out to the comptroller-general, on the first day of October, in every year, until the several sums be expended or the work finished, a full and accurate statement of all monies by them expended, and the items for which the said sums were expended, together with a statement of the work done, and the situation and improvement of that part of the inland navigation for which they were appointed to contract for and superintend.

XII. And be it further enacted by the authority aforesaid, That no person appointed a commissioner by this Act shall be a contractor for doing any

Acts relating to Rivers.

part of the work; that no money shall be drawn out of the treasury except on written application, signed by two-thirds of the commissioners, nor money drawn out by warrant of the comptroller, unless he is satisfied that the sum previously drawn out has been applied, or nearly so, and that the work is progressing to the improvement of navigation.

XIII. And be it further enacted by the authority aforesaid, That David Sims, Samuel Otterson, Robert Granger, Isaac Person, Thomas Green, jun., Thomas B. Hunt, and Barnet Glen, be, and they are hereby appointed, commissioners to view Tyger river, and report to the next Legislature how soon it will be practicable to open the said river for the passage of boats, and the probable sum that will be necessary to effect the same.

XIV. And be it further enacted by the authority aforesaid, That the sum of twenty thousand dollars be appropriated for the purpose of cutting a canal across North Island, from Winyaw Bay to the ocean, conformable to the plan Colonel Seuf, engineer to the State, recorded in the office of the register of mesne conveyances in Georgetown; that Savage Smith, Joseph Alston, Charles Brown, Robert Grant, and Samuel Taylor, be, and they are hereby appointed, commissioners, and they, or a majority of them, shall superintend the cutting of said canal

XV. And be it enacted by the authority aforesaid, That Benjamin Gause, Henry Durant, and Richard Green, sen., be, and they are hereby appointed, commissioners to examine and ascertain what sum of money it will require to clear out and make navigable the river of Waccamaw, from the mouth of Bull creek to where the North [Carolina] line crosses said river, and to report the same at the sitting of the next Legislature.

XVI. And be it enacted by the authority aforesaid, That William Witherspoon, Thomas Black, Daniel Millhouse, Nathaniel Lawrence, and David Rumph, be, and they are hereby appointed, commissioners to exam. ine the channel of the Wassmassaw and Cypress Swamp, from Legaire's ford to Bacon's bridge; and they, or a majority of them, are hereby required to report to the next Legislature the sum which would be necessary to clear and open said channel.

XVII. And be it further enacted by the authority aforesaid, That John Ford, Major Robert Moody, Thomas Harley, Colonel Phillip Bethea, Robt. Dunnam, William Davis, and John Rodgers, be, and are hereby appointed, commissioners to examine and report to the next session of the Legislature the sum necessary to clear and improve the navigation of Little Peedee River, from its confluence with Great Peedee to Blue's bridge, on the said river.

XIX. And be it further enacted by the authority aforesaid, That James Miles, John M'Pherson, Barkley Ferguson, Lewis M. Ayer, and John Smyley, be, and they are hereby appointed, commissioners to inspect Saltcatcher River, and report to the Legislature at the next session, whether it be practicable to make said river navigable to the south and north fork, and what sum will be necessary for the execution of the same.

In the Senate House, the nineteenth day of December, in the year of our Lord one thousand eight hundred and five, and in the thirtieth year of the Independence of the United States of America.

ROBT. BARNWELL, President of the Senate.

JOSEPH ALSTON, Speaker of the House of Representatives.

A. D. 1805.

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