TIT. 11. A. A. 1726. A. A. 1784. Persons ob structing cer tain rivers, The owners of dams shall make open dams, &c. on penalty of 40 shillings for each day. Persons sued any white persons by any means, shall poison any creek in this province, he or they upon proof made thereof before any of his majesty's justices of the peace in this province, shall forfeit the sum of ten pounds current money, and in case any slave or slaves be proved guilty of the same, by the evidence of any other slave before any such justice of the peace, such justice is hereby empowered to order the said slave or slaves so convicted as aforesaid, to be publicly whipped, not exceeding thirty-nine lashes. 2. Whereas the obstructing of Broad, Saludy, Pacolet, Tyger, and Enoree rivers, and Stevens's creek, is attended with great detriment and injury to the inhabitants residing on or near the said rivers and creek, inasmuch as the fish therein are prevented from going to the sources of the same; Be it therefore enacted, That from and after the passing of this act, any person or persons obstructing any of the said rivers, or creek, by dams, or otherwise, so as to prevent the fish of the said rivers from freely passing up the same, shall, on conviction thereof before two justices of the district where the offence shall or may be committed, be subject and liable to pay the sum of twenty shillings for every day they shall keep up such dam, or other obstruction; the one half thereof to the informers, and the other half to the use of the public of the state.* 3. And within six months from and after the passing of this act, the owner or owners of all dams, or other obstructions, on any of the said rivers, shall be obliged to build slopes, or make openings in their respective dams or obstructions, so as that the fish may, at all times, freely pass and repass up or down the said rivers; in default whereof the said persons, so offending, shall, on conviction thereof as aforesaid, forfeit and pay the sum of forty shillings for every day such obstruction shall continue; the said fine to be applied in the way and manner herein before directed. 4. If any person or persons shall be sued for carrying this may plead the law into execution, he or they may plead the general issue, general issue, and give this act in evidence. &c. A. A. 1788. P.L. 459. ver. 5. Be it ordained, That every person who hath or may have erected any mill, dams or fish dams across Reedy river, beOn Reedy ri- tween the mouth thereof and the tumbling shoals, shall by the first day of April next, after the passing this ordinance, provide a good and sufficient slope, eight feet wide, for the passage of fish, and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same the sum of P. L. 460. But this soil extends. Every one else has a common of piscary, or a common * See Justices of Peace, and A. A. Feb. Sess. 1791. T twenty shillings for every week which such obstructions shall continue after the time aforesaid. TIT. 11. Culton's mill, 6. Be it ordained, That every person who hath, or may A. A. 1788. hereafter erect any mill dams or fish dams across Rocky river, P. L. 468. between the mouth thereof and Joseph Culton's mill, shall by Rocky river to the first day of March next, after the passing this ordinance, to be opened e provide a good and sufficient slope eight feet wide, for the for fish. passage of fish; and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same the sum of five pounds, for every week during which such obstructions shall continue after the time aforesaid. 7. Whereas sundry persons, inhabitants of the several coun- A. A. 1792. ties of Chesterfield, Darlington, Kershaw and Lancaster, as by 1 Faust 240-1. their petition to the legislature is set forth, have experienced many inconveniencies by obstructions to the Big Lynch's creek: In remedy whereof, passage of fish up fish. Be it enacted, That any person or persons, who now have, Persons erector hereafter may erect any fish dam or fish dams, mill dam or ing dams, to mill dams, hedge or hedges, or other obstruction or obstruc- leave free tions whatsoever, across Big Lynch's creek, shall, after the passage for passing of this act, from time to time, and at all times between the fifteenth day of February and the first day of April in every year, provide and keep a passage at least eight feet wide, sufficient to let fish freely pass up through such fish dams, mill dams, hedges and other obstructions across the said creek. 8. And be it further enacted, That any person or persons Penalty for who shall neglect or refuse to provide and keep such passage neglecting or as aforesaid, in his, her or their dams, hedges or obstructions refusing to as aforesaid, shall for every day he, she or they so refuse or keep such neglect, respectively, forfeit and pay the sum of six pounds passage. lawful money of this state, to be recovered in any court of record having jurisdiction, by any person who shall inform and sue for the same, one moiety to the state for the use of the county where such suit shall be prosecuted, and the other to the person informing and suing for the same. Provided nevertheless, That no person or persons shall be liable to the forfeiture aforesaid, who shall, during all the time aforesaid, keep open a canal of the width of eight feet, communicating immediately with the said creek above and below his, her, or their respective mill dam, and of sufficient depth for the free passage of fish. 9. And be it further enacted, That this act shall be deemed This act a and taken to be a public act, and judicially taken notice of as public act. such without special pleading, and liberally construed for car rying the purposes aforesaid into effect. A. A. 1796. 10. Whereas sundry persons, inhabitants of the upper part of Lexington county, as by their petition to the legislature 2 Faust 117. is set forth, have experienced great inconvenience by obstruc tions to the passage of fish up Chinquepin creek: For Reme dy whereof, * Now Lexington district. TIT. 11. A. A. 1796. 2 Faust 117. Be it enacted, That every person who hath, or may hereaf ter erect any fish dams, hedge, or other obstruction, across Chinquepin creek, between the confluence of the said creek with Black creek, and the mouth of Horse Pen branch, shall, Chinquepin by the first day of February next, provide a good and sufficreek, in Lexcient slope, at least six feet wide, for the passage of fish up ington district, not to be the said creek; and upon neglect thereof, shall forfeit and pay obstructed so to any person who shall inform and sue for the same, the sum as to prevent of five dollars for every week, during which such obstruction the passage of shall continue, after the time aforesaid: Provided nevertheless, fish, &c. That nothing herein contained shall be construed to prevent the proprietors of lands on the said creek, from erecting mills and building mill dams across the same. Thomson's terfield dis trict; to be * 11. And be it enacted, That every person who hath, or shall creek in Ches. hereafter erect any fish dam, hedge, or any other obstruction across Thomson's creek, in Chesterfield county, shall, by kept open for the first day of February next, provide a good and sufficient the passage of slope, at least six feet wide, for the passage of fish up the said creek; and if such person shall fail or neglect so to do, he or she, so failing or neglecting, shall forfeit and pay to any person who shall inform and sue for the same, the sum of five dollars for every day such obstructions shall continue after the time aforesaid. fish. A. A. 1800. 12. Whereas sundry persons, inhabitants of Pendleton and 2 Faust 366-7. Greenville districts, as by their petition to the legislature is set forth, have experienced great inconveniencies by the obstruction to the passage of fish up Saluda river: For remedy whereof, Saluda river to be kept open for the passage of fish. Penalty for infracting this law. A. A. 1805. Enoree river to be kept open, &c. Be it enacted, That every person who hath, or may hereaf ter erect any dam, hedge, or other obstruction across Saluda river, or any part thereof, shall, by the first day of March next, provide a good and sufficient slope, at least sixty feet wide, for the passage of fish up the said river; and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same before any justice of the peace, the sum of twenty dollars for every twelve hours during which such obstruction shall continue after the time aforesaid. 13. Be it enacted, That every person who now hath, or may hereafter erect any dam, hedge or other obstruction across Enoree river, or any part thereof, so as to prevent the passage of fish up said river, shall, by the first of October next, provide a good and sufficient slope or sluice, at least twenty feet wide, for the passage of fish up the said river, the said slope or sluice to be kept free from any trap, weir or other obstructions which might impede or prevent the passage of fish up or through such slope or sluice aforesaid; and upon neglect thereof, shall forfeit and pay to any person who shall inform and sue for the same, before any justice of the peace, the sum of twelve dollars for every twelve hours, during Now district. See A. A. 1798, [2 Faust 198] amending this; and A. A. 1803, [2 Faust 533] vesting the ferry in Mitchell and Dunn. TIT.11. which such obstruction shall continue after the time aforesaid, until the first day of May next; and such slopes or sluices shall, in like manner, be kept open from the last day of Janu- A. A. 1805. ary, until the first day of May, inclusive, in every year thereafter, under the penalties aforesaid. 14. And be it further enacted, That the said Enoree river How far the shall be kept open as aforesaid, from Reuben Gun's mill down Enoree and to the confluence of the aforesaid river and Broad river; and Broad rivers also that Broad river be kept open in the same manner, and are to be kept under the same penalties as aforesaid, to the distance of four hundred yards below the confluence of the said Broad and Enoree rivers. open. ces in said 15. And be it further enacted, That Benjamin Herndon, CommissionJohn M'Morress, William Calmes, John Pucket, John Far- ers appointed rer, George Mosely and Ebenezer Moss, be, and they are here- to superinby appointed commissioners to view and superintend the tend the slopes or sluices aforesaid; and they, or any three of them slopes or sluiare hereby authorized and empowered to adjudge the suffi- rivers. ciency or insufficiency of the slopes or sluices aforesaid, and the justice of the peace before whom any such suit may be brought, is hereby authorized to summon any three of the aforesaid commissioners who may be most convenient, and who do not otherwise attend, to view and report to him the sufficiency or insufficiency of the slopes or sluices complained of, who shall give his judgment accordingly. 16. And be it further enacted, That if any person or per- Broad and Casons shall put traps, or any kind of obstruction in the Cataw- tawba rivers ba or Broad rivers, so as not to leave a free passage of fifty to be kept feet in the principal channel of the rivers aforesaid, then and open. in that case every person so offending shall forfeit and pay to the informer, for every twelve hours, twelve dollars, to be recovered before any justice of the peace. 17. Whereas great inconveniencies have resulted to the in- A. A. 1808. habitants near Tyger river, in consequence of the above mentioned act requiring that a sufficient slope or sluice shall be kept open in every mill dam thereon, during the whole year, for the passage of fish, whereby the mills in the summer are prevented from grinding: open, &c. Be it therefore enacted, That from and after the passing of Tyger river this act, every person or persons who now have, or may here- to be kept after have or erect any mill dam across Tyger river, or any part thereof, shall open and keep a good and sufficient slope or sluice at least fifteen feet wide, in the middle of the river, and as low as the mud sill in such dam, from the first day in March until the fifteenth day of May, inclusive, in every year, for the passage of fish up the said river; and every person or persons who shall neglect or refuse to open and keep such slope or sluice as aforesaid, shall forfeit and pay to any person who shall inform and sue for the same, the sum of twelve dollars for every twelve hours he, she or they shall so An act to prevent the damming up Broad, Saluda, and other rivers mentioned in the title of this act. TIT. 11. A. A. 1808. A: A. 1811. Repealing former laws. Vide ante. Keowee river and its waters to be kept open, &o. neglect or refuse to open and keep such slope or sluice as aforesaid, to be recovered before any justice of the peace or quorum. 18. And be it further enacted, That if any person or persons shall put or place any trap, weir or other obstruction within two hundred yards of such slope or sluice aforesaid, then and in that case, every such person or persons so offending, shall forfeit and pay to any informer the sum of twelve dollars for every twelve hours each trap, weir or other obstruction shall continue, to be recovered as aforesaid. 19. And be it further enacted, That if any person or persons shall put any trap or other obstruction in Tyger river, (except mill dams as aforesaid,) so as not to leave one third part of the said river open, to include the main channel thereof, then, and in that case, every person or persons so offending, shall forfeit and pay to any informer, twelve dollars for every twelve hours such trap or other obstruction shall continue, to be recovered as aforesaid.* 20. And be it further enacted, That if any person or persons shall conceive him, her or themselves aggrieved by the sentence, judgment, decree or order of any justice of the peace or quorum under this act, he, she or they shall be entitled to an appeal to the district court, upon the same terms and conditions as appeals are now had in other cases from the decisions of a justice. 21. And be it further enacted, That all acts or clauses of acts contrary to the provisions of this act, be, and the same are hereby repealed. 22. Be it enacted, That all acts and clauses of acts requiring the owners of mills on Tyger river to make and keep open a slope or sluice in the dams of the said mills, for the passage of fish up the said river, be, and the same are hereby repealed, so far as they relate to Tyger river: Provided however, That nothing herein contained shall prevent sufficient slopes, sluices or locks from being made for the passage of boats up and down the said river, when provision shall be made by law for rendering the said river navigable. 23. Whereas sundry inhabitants of Pendleton district have, by their petition to the legislature, prayed that obstructions to the free passage of fish up the river Keowee and its waters, be removed and prevented: Be it therefore enacted, That any person or persons who now have, or hereafter may erect, any fish dam or fish dams, mill dam or mill dams, obstruction or obstructions, any flutter wheel or flutter wheels, or any contrivance, artifice or machinery, in the said river Keowee, which is intended or has a tendency to prevent the free passage of fish up the said river, shall forfeit and pay to any person who shall inform and sue for the same, before any justice of the peace, the sum of ten dollars for eve See A. A. 1811, which repeals the greater part of this act; and perhaps by construction the whole. |