TIT. 13. A. A. 1813. members present: Provided always, That not less that three fourths of the whole are present, and to displace, remove and supply such ministers, officers, servants and other persons to be employed in the affairs of the corporation, and to appoint such salaries, perquisites, or other reward, for the labour or service therein, as the corporation shall from time to time approve of and think fit. [See Vol. 3d, Academies and Schools. →Inland Navigation.-Roads, Bridges and Ferries, &c.] TIT. 14. Á. A. 1738. Watt's cut. TITLE 14 Inland Navigation. 1. WHEREAS it has been found of great inconveniency and public detriment, that boats or pettiaugers of too great draught of water, should be suffered to enter into the several creeks, cut-offs or water passages in this province herein after mentioned, whereby the passage through the said creeks is very frequently interrupted: For prevention whereof for the future, Be it enacted, That the several commissioners appointed for cutting, clearing and keeping open or in repair the creeks, cuts or passages commonly called Watt's cut, shall and they are hereby required and directed within ten months next after the passing of this act, to cause the said creeks or water passages, namely, Watt's cut, to be cut, cleared and opened to the breadth of twenty feet, and to the depth of five feet, measuring the same at high water in the said cuts respectively at a common neap tide. * 2. So soon as the said creeks, cuts or passages shall be so respectively cut, cleared and opened as aforesaid, the said several commissioners shall cause a post of cedar or lightwood pine to be set up at each end of the said cuts or passages, in such manner as not to obstruct the passage through the same, which said posts shall be plainly marked and divided into feet and half feet upwards, beginning from the bottom of the said cuts or passages, and so be continued to the height of six feet. 3. If any boat or pettiauger drawing more than four feet water, shall enter into any of the said creeks, cuts or passages, and stick therein so as to obstruct, interrupt or hinder the passage through the said cut or cuts, the master or patroon of such boat or pettiauger shall be subject and liable and are hereby obliged to make good all such damages that shall be sustained by any person or persons who shall be retarded or hindered from passing through any of the said creeks or cuts by such boat or pettiauger sticking therein as aforesaid, to be recovered with costs of suit by special action upon the case, in any court of record in this province. * Altered by subsequent acts. See within. TIT. 14. forfeitures are 4. All fines, penalties, forfeitures and damages that shall arise, accrue or are given by virtue of this act, not exceeding the sum of twenty pounds current money aforesaid, shall and A. A. 1738. may be recovered in the same way and manner as debts not P. L. 157. exceeding the sum of twenty pounds are directed to be re- How fines and covered by any law or laws of this province. And all the to be recoversaid fines, penalties and forfeitures exceeding the sum of ed. twenty pounds current money, shall and may be recovered in any court of record in this province, by action of debt, bill, plaint or information, wherein no essoin, protection, privilege or wager of law, or any more than one imparlance shall be admitted or allowed. 5. And whereas the passage to and from Winyaw is much Cut from Winimpeded by means of the sand filling up the usual passage yaw to Tom's called the breach; Be it therefore enacted, That a cut or cuts creek. be made and kept open at or near the head of Barksdale creek to old Tom's creek, at the discretion of the commissioners hereafter named, sufficient for a boat that draws four feet water, the charge of which cut or cuts shall be borne by the inhabitants of the parishes of Prince Frederick, Prince George, St. James, Santee, and Christ Church, by an equal assessment on the land and slaves of the said inhabitants, and all others who are owners of land and slaves in either of the said parishes. Newtown cut. 6. And be it enacted, That the cut or creek called Hawl- Hawl-over. over, and that passage commonly called Newtown cut, shall be cut, cleansed, and kept open and regulated, as well with respect to the boats passing through the same as the owners and masters thereof, in the same way and manner as other water passages. before mentioned are. [See A. A. 1750. P. L. 221.] 7. In case any damages shall be recovered or any action brought against any owner or owners of any boats or pettiaugers, for such boats or pettiaugers entering into and interrupting the passage of the said creeks or cuts, or any of them, contrary to the direction of this act, it shall and may be lawful to and for the said owner and owners to stop the said damages or so much as the wages of the patroon or master shall amount to out of the wages of the master or patroon of such boat or pettiauger, and also to recover the damages which shall remain after the stoppage of such wages by special action on the case against such master or patroon, his executors or administrators, if such master or patroon did enter into such creek or cut without the special direction of such owner, in any court of record in this province, wherein no essoin, protection, privilege or wager of law shall be admitted or al lowed. Ibid. 8. Whereas the upper part of Black river, from a place commonly called the Narrows, inclusive, is found impractica- P.L. 158. ble for pettiaugers and other boats of burthen to pass, by rea- Black river to son of several obstructions in the same, which greatly discour- be opened. ages the settling and improving the lands adjacent to the [See A. A. said river: Therefore be it enacted, That 1784.1 and the survivors of them are hereby constituted and appoint. VOL. IFR I h TIT. 14. A. A. 1738. Black river. ed commissioners for cleansing, clearing and making navigable Black river, and keeping the same open and navigable from the place commonly called the Narrows, inclusive, to the western boundary of Williamsburgh township, and as far above as shall be adjudged practicable by the said commissioners and their survivors and a majority of them: And the said commissioners hereby appointed, or the survivors of them, or any three of them or three of such survivors, are hereby authorized and appointed at the proper costs and charges, and by the labour of the inhabitants and owners of the lands lying adjacent to the said river within the bounds hereafter limited and prescribed, by themselves, their agents, workmen, servants or slaves, to make the said river navigable for boats, barges, pettiaugers, lighters or other vessels,from the Narrows aforesaid inclusive to the western boundary of Williamsburgh township, and as far above as shall be adjudged practicable as aforesaid, and to continue to maintain and use such navigation in such manner as the said commissioners or the survivors of them, or any three of them or three of such survivors shall think fit; and for the better carrying on or effecting, supporting and continuing the said navigation, the said commissioners and the survivors of them, or the majority of such survivors are hereby authorized to clear, scour, open and enlarge or straighten the said river within the bounds aforesaid, in such manner as they shall think proper, for the better navigation of boats or vessels in the said river, or in any wise necessary for carrying on or effecting the said undertaking. 9. And be it further enacted, That the majority of the commissioners, or the survivors of them, are hereby authorized and empowered to lay out new cuts, drains, trenches and passages for water in and through the lands which obstruct the running of the river, whether the same be the soil of our sovereign lord the king, or any other person, or any body politic or corporate, and the said commissioners, and the survivors of them, or any three of them, or three of such survivors, are hereby fully authorized and empowered to remove all trees, logs, timber and other obstructions whatsoever, which any wise hinder, impede, or interrupt the navigation of the said river; and they are hereby empowered and authorized by themselves, their workmen, servants or slaves to have free ingress, egress and regress to and from the said river, or any part thereof within the bounds aforesaid, through the lands and plantations of any persons whatsoever, for carrying on, continuing or perfecting the cleansing, clearing, and rendering navigable the said river. And the said commissioners and the survivors of them, or any three of them, or three of the said survivors, are hereby fully authorized and empowered to do, perform and execute all such other matters and things from time to time as they shall think convenient and necessary for the making, preserving and maintaining of the said river navigable, and for the preservation and improvement thereof. 10. And be it further enacted, That the clearing, cleansing and making navigable the channel of the aforesaid river from the aforesaid place called the Narrows, inclusive, to the TIT. 14. western boundary of Williamsburgh township aforesaid, and as far above as shall be deemed practicable as aforesaid, in A. A. 1738. manner herein directed and prescribed, shall be done and P. L. 158–9. performed at the equal charge and expense of all the inhabi- Black river. tants and owners of lands and slaves, lying, being and residing within the limits herein after mentioned, that is to say, on all inhabitants, slaves, and lands granted to any person, being and residing on each side of the said river from the Narrows aforesaid, inclusive, to Phineas Spry's plantation, inclusive, and ten miles above, and to extend on the north side of the river (within the bounds aforesaid) half way to Pedee river, and on the south side, half way to Santee river; which bounds to the north and south shall be parallel as near as may be adjudged to the general course of the said Black river. 11. And that such charges and expenses shall be raised by a tax or assessment on all the granted lands and male inhabitants, (whites as well as blacks) from the age of sixteen years to sixty years of age within the limits aforesaid, the same to be done and proportioned by the said commissioners or a majority of them, in such manner, that each of the said male persons shall only be rated equal to two hundred and fifty acres of land, the said commissioners first taking the most effectual means to discover the owners of the several tracts of land granted within the bounds and limits aforesaid, and shall and may levy the several sums of money so to be imposed and assessed on the several inhabitants, slaves and owners of land within the bounds last above mentioned, (in case of refusal of payment) by warrant of distress under the hands and seals of the said commissioners for the time being, or the majority of them, and sale of the offender's goods. 12. And in case any owner or owners of lands within the said bounds shall have no goods or chattels upon such their lands on which distress may be made, the said commissioners or the majority of them are further empowered and required to levy the sum or sums assessed in pursuance hereto in the same manner as the collectors and enquirers of the general tax are or were empowered by any law or laws for raising the general tax, to raise and levy the same upon the lands of any persons not resident in this province. [See A. A. 1753. P. L. 228.] 13. Be it enacted, That if any person or persons whatsoever shall himself, servants or slaves, either by felling of trees, or by any other means whatsoever, either wilfully or accidentally obstruct or interrupt the passage, course or navigation of the said river or any of the drains, cuts, passages or watercourses leading to the same, and shall not within three days after such obstruction or interruption happening, remove, clear and entirely take away, or cause the same to be taken away, every such offender shall forfeit the sum of ten pounds current money, to be recovered by warrant of distress and sale of the offender's goods as aforesaid, to be applied to the charge of clearing the said river. TIT. 14. A. A. 1738. A. A. 1742. That the commissioners of 14. And be it further enacted, That if any of the aforesaid commissioners shall die or depart this province, or decline acting, that it shall and may be lawful for the remaining commissioners or the major part of them to recommend others in their room to his excellency the governor or the commander in chief for the time being for his approbation, and the person or persons so recommended and approved of, shall be vested with, and it shall and may be lawful for him or them and every of them to use and exercise the same powers and authorities which are given to the commissioners by this act appointed, in as full and ample manner to all intents and purposes whatsoever as the commissioners by this act appointed can or may or lawfully ought to do. 15. And be it further enacted, That if any person or persons whatsoever shall be sued, prosecuted or molested for any matter or thing done by virtue or in pursuance of this act, such person may plead the general issue, and give this act and the special matter in evidence. And in case the plaintiff' or prosecutor shall become non-suit, suffer a discontinuance, or a verdict shall pass against him, or judgment shall be given against him on demurrer, the defendant shall recover his full costs of suits, for which he shall have the same remedy as where costs are given by law. 16. This act shall be deemed and allowed as a public act in all courts of justice in this province, of which all judges and justices are to take notice without pleading. 17. Whereas the laws of this province already made, for cutting, cleansing, clearing, and making navigable the several creeks, cut-offs, and water passages in this province, have by experience, been found to be ineffectual; the cutting and clearing thereof, having been thereby directed, to be done by the personal work, labour and service of the inhabitants and their slaves; and commissioners confined and enjoined, to cut no deeper than five feet, measuring the same at high water on common neap tides: To the end therefore, that such good and necessary work may not prove abortive, but that the same may be carried on with effect, and completed, so as to answer the ends proposed in and by the several laws already made for the purposes aforesaid; Be it enacted, That from and after the passing of this act, the commissioners appointed by the several acts of the general assembly of this province, now in by the several being, for cutting, cleansing, clearing, or making navigable the acts directed, several creeks, cuts and water passages in this province, or the major part of them, in their several districts respectively, may have power, and they are hereby empowered, at their discretion, either to cause the same to be cut, cleansed, cleared and made navigable, in such manner as they are directed, by the several acts for those purposes already made, or at the joint and equal charge and expense of the inhabitants and owners of lands and slaves, and others already made liable to work on the several cuts, creeks, and water passages respectively. the several cuts, &c. do cut and clear the same, as or at the charge of the persons liable to work on the same. The said commissioners 18. The said commissioners, or the commissioners for the time being, or the majority of any of them, within their seve |