TIT. 14. kind or nature soever; and to sell, alien or dispose of the same, as they may think proper; and by the name aforesaid to sue and be sued, implead and be impleaded, answer and be answered A. A. 1809. unto, in any court of law or equity, and to make such rules and by-laws, not repugnant or contrary to the laws of the land, as for the good order and proper government of the said corporation, may by the same be thought expedient or necessary: Provided nevertheless, That the said real and personal estate, shall not produce an annual income exceeding ten thousand dollars, exclusive of their tollage. 255. And be it further enacted, That Charles J. Steedman, CommissionEdward Croft, Alexander Howard, William S. Smith, and ers appointed John Dawson, jun. or a majority of them, be, and they are to open a subhereby appointed commissioners to receive subscriptions for scription for the establishment of the company aforesaid; for which pur- the establishpose they shall meet at the Exchange, in Charleston, on the ment of a first Monday and the Tuesday following of February next: company, &c. and for the same purpose of receiving subscriptions for the establishment of the company aforesaid, John Shackelford, A. Toomer and S. Smith, are hereby appointed commissioners to open a subscription at the town-council room in Georgetown, on the same days prescribed for the subscription in Charleston, and there receive the subscriptions of all such persons as shall be desirous of subscribing and associating for the purpose of becoming members of the corporation aforesaid. into 1000 256. And be it further enacted, That the capital of the said Capital of company shall be divided into one thousand shares; and if said company on the days aforesaid, more than the said number of shares to be divided shall be subscribed for, then they shall be apportioned among shares. the subscribers, in average and proportion to the number of shares by them respectively subscribed: Provided however, That the subscribers respectively shall have at least one share allotted to them, unless there shall not be a sufficient number of shares to make such apportionment, in which case they shall be apportioned by lot, neither requiring more than one share. nals and locks. 257. And be it further enacted, That the said company shall Inland naviand may cause a communication or inland navigation, by ca- gation to be nals and locks, to be made and kept up through such places opened by caas to them shall seem most fit; and that they and their successors ever shall and may fix and establish and be entitled to have and receive by way of toll, for all goods and merchandizes carried on or through boats, vessels or rafts, passing on for through the said canals, such rates or terms as the said company shall think proper to impose, not exceeding twentyfive per cent. per annum on the money which they shall have expended from time to time, in making and keeping in repair the said canals and locks, (to ascertain which, the books of the said company shall be liable to the inspection of the legislature) that the said toll shall be paid, payable in specie, according to its value as now established, and at no other rate, and in no other kind of money; and that the said company, or their agents, may stop any goods, vessels, boats or rafts, TIT. 14. 7 A. A. 1809. land for par ticular purpo ses. from passing the said canals, until payment of the toll established. 258. And be it enacted, That the said company shall have Said company power to purchase for themselves and their successors for may purchase ever, such land as may be necessary for the purpose of making and keeping up reservoirs for the use of the canals and locks, and for the establishment of all requisite buildings; and where they and the owners of such land cannot agree for the same, to take such land on valuation to be made by a majority of five persons, to be appointed by the court of equity or common pleas, to value the same; which land shall, on the payment of the sum at which it shall be so valued, be possessed by and vested in the said company and their successors for Canals and locks to be ever. 259. And be it further enacted, That the said company shall be obliged to keep the said canals and locks at all times in kept in repair. good and sufficient order, condition and repair, on pain of being answerable for any damages occasioned by their wilful default or neglect; that the stock, shares, and also the land possessed by said company, be for ever exempt from any rate, tax, duty, assessment or imposition whatever; and that the said stock and shares may be sold, transferred and assigned, and bequeathed by the proprietors respectively; and in case of their dying intestate, shall go as personal estate, according to law. Penalty for injuring the said works. Said company may use materials, on paying for them. And may draw one or more lotteries. Any person sued may plead the general issue. 260. And be it further enacted, That if any person or persons shall wilfully or maliciously cut, break down, damage or destroy any bank or other work, to be executed and made for the purpose of said navigation, such person or persons shall, on conviction, be fined not exceeding one thousand dollars, and imprisoned for any term not exceeding twelve months; and if any person shall throw dirt, trees, logs, or any other rubbish into the said canal, so as to prejudice the same, such person or persons shall be answerable to the said company for all damages occasioned thereby. 261. And be it further enacted, That the said company shall have power to use any materials in the vicinity of the canals for making the locks or keeping the same in repair, paying a, reasonable price for the same; which price shall be ascertained in like manner as heretofore provided in the value of lands. That all lands which have not been heretofore granted to any person, through which the said canal shall pass, shall be vested in the said company and their successors for ever. 262. And be it further enacted, That the said company shall be, and they are hereby authorized and empowered to insti tute and draw one or more lotteries, not exceeding five, at such time and in such manner, and according to such place as they may think fit, the nett profits whereof shall not exceed one half of the cost or expense of the said canals and locks, and the profits thereof to apply to the use of the said company, for the purposes aforesaid. 263. And be it further enacted, That if any person shall be sued for any matter or thing done in pursuance of this act, he may plead the general issue, and give this act and the special TIT. 14. matter in evidence; and on a verdict against the plaintiff, a non-suit or discontinuance, recover double cost. That this act shall be deemed and taken to be a public act, and judicially A. A. 1809. taken notice of as such, without special pleading, and liberally This act a construed for carrying the purposes aforesaid into effect. public act. 264. And be it further enacted, That all rights and privileges Condition or hereby granted to said corporation, together with the charter limitation of of incorporation hereby granted, shall cease and determine, this charter. unless the persons associating as members of the said corporation, shall, within five years, commence and prosecute the projected canal, and shall complete the same within twentyone years after the same shall be commenced. 265. Whereas sundry inhabitants, residing on Sugar creek, have, by their petition to the legislature, represented that the opening the navigation of Sugar creek, from Harrisburgh to its junction with the Catawba river, would be of great advantage and public utility: Be it therefore enacted, That James Harris, James Hutchin- Sugar creek son and Cunningham Harris, shall be, and they are hereby to be made appointed commissioners, with full power and authority, by navigable. means of dams, locks, canals, and clearing the obstructions now in the way, or by any other means or ways whatever, by them deemed most adviseable and proper, to clear out and make navigable the said Sugar creek, from Harrisburgh on said creek, to the junction of the same with the Catawba river. 266. Whereas the inhabitants of Kershaw district, proprietors and cultivators of land, situate on the Twenty-five-mile creek, have by their petition to the legislature, prayed that they may be permitted to open and render navigable the said creek, at their own expense: Be it therefore enacted, That the proprietors and cultiva- A. A. 1810. tors of the lands on both sides of Twenty-five-mile creek, in the district of Kershaw, shall be, and they are hereby authorized and empowered to open, clear out and render navigable the said creek, from the mouth of Bear creek to where the said Twenty-five-mile creek empties itself into the Wateree river. 267. Provided, That nothing herein contained shall be con- Twenty-fivestrued to prejudice the rights of any person owning or having mile creek in a mill-seat or mill-seats on the said creek, or to prevent the Kershaw dis proprietors or cultivators of lands on both sides of said creek, trict, to be opened. from erecting and keeping water fences across the said creek, constructed with bars or gates, sufficient to admit the passage of boats or rafts twelve feet wide. 268. And be it enacted, That if any person shall hereafter Penalty for fell any tree or trees into the said creek, or stop up or in any obstructing manner obstruct the passage of the said creek, (except in the the navigamanner before mentioned) he, she or they so offending, shall tion. forfeit and pay the sum of ten dollars; to be recovered before any justice of the peace, to be paid to such person or persons as may inform thereof. ers appointed to open the 269. And be it further enacted, That Zachariah Cantey, John CommissionKershaw, Stark Hunter and John M'Laughlan, be, and they are hereby appointed commissioners for opening the Wateree Wateree ri VOL. III. PP ver. TIT. 14. A. A. 1810. How vacan river; and that all appointments of commissioners heretofore made, be repealed. 270. And be it further enacted, That a majority of the aforesaid commissioners be, and are hereby authorized and empowered cies are to be to fill any vacancy which may occur, by death, resignation, or filled. to be made navigable. otherwise. 271. And be it enacted, That John B. Black, David Leech, A. A. 1811. jun. and Joseph Brown, jun. be, and they are hereby appointed commissioners for opening and making navigable Turkey creek; and said commissioners are hereby authorized and empowered to call out the inhabitants of that part of said creek which lies between its mouth and where it is intersected by the Charleston road, and one mile from the creek, on each side, to work on the same, not exceeding twelve days in each year, for the term of three years; and that the said inhabitants shall be excused from working on the public roads during the above mentioned term. Black Mingo 1799 272. And be it further enacted, That an ordinance passed in creek to be the year one thousand seven hundred and ninety,* obliging opened accor- the male inhabitants from the age of sixteen to fifty years to ding to an work on and lay open the navigation of Black Mingo creek, ordinance of be, and hereby is revived, with the exceptions and amendments following, to wit: all the male inhabitants from the age of sixteen to fifty years, residing not exceeding ten, instead of twenty miles from Black Mingo, who make use of the said creek to send produce to market, and who are not compelled by law to work on any other water course, shall be liable to work on the same; and the persons herein named, viz. John James, Thomas M'Connell, Lovelace Gasque, John Dozier, Francis Green, John Bossard, and Aaron Gasque, be, and hereby are appointed commissioners, in lieu of those named in the second section of the aforesaid ordinance, to carry the same into effect. A. A. 1813. ers appointed to lay out a portage on Broad river. 273. Be it enacted, That colonel Joseph Hughs, major James Mings, and captain Samuel Faucet, be, and they are hereby appointed commissioners to lay out a portage on the west side of Broad river, from the upper to the lower end of the upper Lockert's shoal on the said river; and they are hereby required and authorized to lay out the said portage in the most suitable and convenient manner, so as to do the least possible injury to the owner of the soil; and if it shall be necessary, they are hereby authorized and required to call upon all persons liable to work on the public roads, residing within the distance of five miles from the said shoal, giving them six days notice of the time, and there continue until the said portage or way shall be completed; Provided it does not exceed six days in a year; and in case the persons so called out, shall refuse or neglect to render the services required by this act, they shall forfeit and pay the same fines and penalties as are by law imposed on persons refusing or neglecting to work on the public roads, and the commissioners aforesaid are hereby authorized * See P. L. 502. to enforce the collection of the said fines and penalties in the same manner as the commissioners of the high roads are now authorized to do. TIT.14. A. A. 1813. 274. And be it enacted, That the said portage or way shall Dec. Sess. be deemed and taken as a public high way to all intents and purposes whatsoever. 275. And be it further enacted, That the commissioners appointed by this act, be, and they are hereby authorized and required to appraise and value what injury the land of Thomas Hughes shall sustain by the opening of the road aforesaid, and report the same to the next session of the legislature. river to be 276. And be it enacted, That from and after the passing of Broad river this act, the several boards of commissioners for opening the and Pacolet navigation of Broad and Pacolet rivers, and their successors in office, shall be and they are hereby authorized and required worked on. to call out to work on the said rivers, all persons and slaves who are now liable to work on public roads, who reside within one mile of the said rivers, who shall be notified in the same manner as persons are notified to work on the public roads. And all who shall fail or neglect (after being so notified) to work on the said rivers, or to send their slaves, who are hereby made liable to work thereon, shall be liable to the same fines and penalties as are now by law inflicted on persons who fail or neglect to work on the public roads, and shall be recovered in the same manner as fines are now recovered for neglecting to work on the public roads. Provided, however, That no person, or slave, shall be liable to work more than six days in the year, on either of the said rivers. 277. Whereas sundry inhabitants of Chesterfield district, have petitioned the legislature for permission to open the navigation of Thompson's creek: terfield dis Be it therefore enacted, That all persons who may consider Thompson's themselves interested in the navigation of the said creek, be, creek,in Chesand they are hereby authorized and empowered to remove any obstructions in the said creek, from the mouth of the said creek trict, to be opened, &c. as far up as its junction of Indian creek with the said Thompson's creek. 278. And be it further enacted, That if any person or persons shall, after the passing of this act, fall trees in, or in any manner obstruct the navigation of the said creek, within the distance above mentioned, he, she or they shall, for every such offence, forfeit and pay the sum of fifteen dollars, to be recovered before any justice of the peace or quorum of the said district of Chesterfield, one half to go to the informer, who shall sue for and recover the same, and the other half to be appropriated to the navigation of the said creek. 279. And be it further enacted, That Thomas Powe, senior, CommissionElisha Parker and Alexander M'Queen, be, and they are here- ers appointed. by appointed commissioners, to receive all fines which may be collected for obstructing of the navigation of the said creek, and to dispose of the same for the purposes above mentioned. 280. And be it enacted, That all acts heretofore passed respecting the said creek, and which are repugnant to this act, be and the same are hereby repealed. |