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sioners

empower

ber, &c.

and they are hereby fully authorized and enpowered to take and make use of any boats, flats or canoes, within their respective districts, for the purpose of improving the navigation of their respective rivers or crecks, (except such as are kept for the use of any public ferry,) and shall return the same to the place where taken from, or to the landings of the proper owners: Provided, That no boat, flat or canoe, shall be detained from the owner more than ten days in

any one year.

And be it further enacted by the authority Commis aforesaid, That the several and respective boards of commissioners, according to their several died to make visions, shall have full power and authority to use of tim- cut down and make use of any timber, wood, earth or stone, in or near their respective rivers or creeks, for the purpose of improving the navigation of the same, as to them shall seem nePenalty for Cssary. And if any person or persons shall stop up or in any wise injure or impede the navigation of said rivers or creeks, by falling of trees, rolling of logs, rocks, &c. into them, such person or persons so offending shall forfeit and pay a sum not exceeding five pounds for every such offence, at the discretion of the commissioncrs, and shall also be compelled to remove all such obstructions by him or them occasioned.

injuring navigati

on.

blished.

And be it further enacted by the authority Buoys, &c. aforesaid, That the several and respective boards to be esta of commissioners shall be, and they are hereby fully authorized and required, at all such places as they may think it necessary, to fix and establish buoys, or other way-marks, directing boats or other vessels to the proper channel; and also to erect and establish such posts or beams as they may think necessary for assisting boats or other craft in warping over difficult places.

And if any person or persons whatsoever, shall Penalty for wilfully remove or destroy any of the buoys, destroying buoys, &c. way-marks, posts or beams so established, such person or persons shall forfeit and pay, for every such offence, a sum not execeding five pounds, at the discretion of the commissioners, to be recovered and appropriated as herein before directed, and shall ako Le liable to make good all damages by him or them so done.

plied.

And be it further enacted by the authority aforesaid, That if any vacancy shall appen in vreercy, any of the boards of commissioners herein before how sup appointed, the remaining commissioners of the board having such vacancy, or a majority of them, at their next meeting, shall choose some fit person to fill up such vacancy; a d the person so chosen, is hereby declared to be a commissioner, and vested with all the powers and authorities by this act given to any of the commissioners herein before named.

empower

nations.

And be it further enacted by the authority aforesaid, That the several and respective boards Commisof commissioners herein before appointed, and sioners their successors, or a majority of them respect- ed to reively, shall have full power and authority to re- ceive doceive all subscriptions and donations that may be given for the improvement of the navigation of their respective rivers or creeks, and shall appropriate all such monics 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.

And be it further enacted by the authority If sued, aforesaid, That if any person or persons whatso- may give ever, shall be sued, prosecuted or molested, for evidence.

N

this act in

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 judg ment shall pass against him or them, the defendant or defendants shall be allowed his or 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.

An ACT for laying out and keeping in repair a public road leading from New-River bridge down to Tunbridge on New-River Neck, and from thence the nearest and best route to the mouth of Savannah Back river, including the road leading from Purysburgh, lately laid out and worked on, to continue so as to intersect the same.

WHE

HEREAS it has been represented to the legislature, by the petition of sundry inhabitants residing on and near New-River Neck, in the parish of St. Peter, that the making of a public road running from NewRiver bridge down to Tunbridge, on New-River Neck, and from thence the nearest and best route to the mouth of Savannah Back river, in

cluding the road leading from Purysburgh, lately laid out and worked on, to continue thereon, so as to intersect the same, will be both of public and private utility, as likewise be the means of a more quick and ready communication between this state and the state of Georgia: therefore,

Commis.

ter named

Be it enacted by the honorable the Senate and House of Representatives, now met and sitting sioners in general assembly, and by the authority of the herein afsame, That the commissioners herein after nam- to finish ed, shall be, and they are hereby authorized, em- the road powered and directed, to make, compleat and finish the road aforesaid, and also from time to time to keep the same in good and sufficient repair.

aforesaid.

oners.

work on

And be it further enacted by the authority aforesaid, That William White, John Lewis Names of Bourquin, jun. Peter Reymond, John Lewis commissi Buche, and Lewis Bourquin Keall, be, and they are hereby appointed commissioners for laying out and keeping in repair the road mentioned as aforesaid; and the said commissioners, or a ma- Male jority of them, shall have full power and autho- slaves to rity to call upon all the inhabitants or proprie- the said tors of lands, to send all their male slaves from road the age of sixteen to fifty years of age, residing within ten miles of the said road in the parish of St. Peter, to work upon and keep the said road in repair, not exceeding twelve days in the year; and if any person or persons shall refuse or neglect to go, or to send their male slaves, when thereunto summoned by the commissioners aforesaid, or by any person by them to be appointed, or any three of them for that purpose, every such person shall forfeit and pay for the use of the said road, two dollars for himself, and one dollar per day for every male slave so neg

Persors

sued for any thing

done un

der this act, may plead the

general

issue.

Fifth and

sixth clauses of act

lected or refused to be sent, to be recovered by immediate warrant of distress, under the hands and seals of any three of the said commissioners, against any of the goods and chattels of the defaulter, which, after ten days public notice, shall be sold for the purpose of paying the fine aforesaid, and charges accruing thercon, and the overplus, if any, returned to such defaulter. Proved, That such persons who are so made liable to work on the said road, shall be exempted and excused from working on any other pub. lic road.

And be it further enacted by the authority aforesaid, Thit if any person or persons shall be sued for any thing done in pursuance of this act, it shall and may be lavin for such person or persons to plead the gancial issue, and give this act and the speci d matter in evidence, and in case judgment shall be given for the dendant or defendants, or the plaintiff shall suffer a non-ult, or discontinue his action, the said defendant or defendants shall recover treble costs of suit.

And be it further enacted by the authority aforesaid, That the fifth and sixth clauses of an act passed the twenty-eighth day of March, of March, 1773, for establishing several ferries, and also 1778, par- for revising several laws for the establishment of pealed. several other ferries, and for other purposes

tially re

therein mentioned, so far as respects the continuing the road leading from Purysburgh to Channing's Point, and also the road from NewRiver bridge to interscet the said road, and obliging all the male slaves from 16 to 60 years of age, living to the south and eastward of the road leading from Purysburgh to New-River bridge, to work and repair the said roads, be,

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