miles of said road, to work thereon for any number of days, not exceeding six in one year: And the said commissioners are hereby vested with the same powers, and subject to the same penalties, as they are with respect to other public roads. Nancy And be it further enacted by the authority aforesaid, That the ferry, commonly called Lee's ferry, Ferry on on Saluda river, be re-established, and vested in Saluda, Nancy Lee, her heirs and assigns, for the term of vested in fourteen years, next ensuing the passing of this Lee. act; and that the said Nancy Lee shall be entitled to the same rate of ferriage which hath been heretofore established at said ferry. creek, at M'Muld mills. And be it further enacted by the authority aforesaid, That the proprietor or proprietors, for the Boat lock time being, of the saw mills now erecting at or on Black near the plantation of William M Muldrow, on Muld Black creek, in the district of Cheraws, shall, in row's saw the dam of the said mills, at his, her or their own proper costs and charges, erect, build and maintain, from time to time, and at all times, from and after the twelfth day of February next, a good and sufficient boat lock, of not less than twenty-two feet wide, or less than seventy feet long, or other sufficient passage for the free passing and repassing of boats and rafts navigating the said creek, and pass such rafts and boats safely through the said lock or passage, without delay. And be it further enacted by the authority aforesaid, That the proprietor or proprietors of the said Penalty on saw mills, or any or either of them, shall forfeit the propriand pay to the owner or owners of any boat or raft of lumber, navigating the said creek, for every fif teen minutes after the first hour which such boat or raft shall, by the neglect or default of the said proprietors, be detained, and not passed through the said lock or passage, the sum of fifty cents, to be sued for and recovered before any justice assigned to keep the peace in and for the county of Darlington, in the district of Cheraws aforesaid: etors for delay, &c. ferry, a road. Provided nevertheless, That it shall and may be lawful for any owner or owners of any boats or rafts to commence and prosecute his, her or their action or actions against the proprietors of the said mills, for any damages done by the default of the said proprictors, to the rafts or boats, and their cargoes, in the passing and repassing the said mill dam, in any court of record having jurisdiction. And be it further enacted by the authority aforeRoad from said, That the old road, now leading from StroStrother's ther's ferry on Broad river, to Waters's ferry and public Lee's bridge on Saluda river, is hereby established and made a public road; and that John Weaker, John A. Houscal, George Lever, George Baldric and Philemon Waters, be, and they are hereby appointed commissioners, with full powers to call out all persons liable to work on roads, who reside within two miles of said road, to open and repair the same. In the Senate House, the sixteenth Day of December, in DAVID RAMSAY, President of the Senate. An ACT to empower the Commissioners for erecting a Fort and Pest-house on the island of Port Republic, to fix the same on a small island at the entrance of Port Republic harbour or inlet, and to make compensation to the proprietors thereof. HEREAS John Barnwell, William Ha W zard Wigg and John Jenkins, formerly appointed commissioners to erect a fort and pesthouse for the defence and security of Port Republic harbour, have found considerable difficulty in procuring a suitable and convenient place for the erection of the said works and buildings, the public not having a property in any lands convenient for the said purposes: And whereas the public convenience and safety requires, that situations at the mouth or entrance of said inlet or harbour, should be appropriated for the purposes aforesaid; Be it therefore enacted by the the Senate and House of Representatives of the state of SouthCarolina, now met and sitting in general assembly, and by the authority of the same, That the commissioners before mentioned, shall be, and they are hereby empowered and directed to fix the said works and buildings on a small island, containing about two acres of land, situated at the entrance of Port Republic inlet or harbour, called Moss island, together with a small island, or spit of land, contiguous thereto, and forming the south-western point of Jenkins's, or Eding's island. And be it further enacted by the authority aforesaid, That if any difficulty shall arise in assessing the value of the land appropriated by this act, that then the commissioners above mentioned, on the one part, and the proprietor or proprietors of the land, on the other part, shall appoint severally two appraisers, (who, in case of disagreement, may appoint a fifth,) who, or a majority of whom, shall, upon oath, value and appraise the land, at a reasonable price, and when the value of the said land shall be ascertained by the appraisers, as above mentioned, the amount thercof shall be paid out of the treasury of this state. And be it further enacted by the authority aforesaid, That in case the proprietors of the land shall refuse to appoint two appraisers as aforesaid, the commissioners shall appoint four, who, in case of disagreement, shall in like manner, have power to call in a fifth, who shall have like powers for appraising the land as aforesaid. In the Senate House, the sixteenth Day of December, in the Year of our Lord one thousand seven hundred and ninety-seven, and in the twenty-second Year of the Independence of the United States of America. DAVID RAMSAY, President of the Senate. An ACT to ascertain what Damages Robert Lindsay, William Turpin, and the Estate of James Sommers, deceased, have sustained by East-bay Street being continued through their Lands. WHE HEREAS the legislature of this state did, on the nineteenth day of December, one thousand seven hundred and ninety-five, pass an act, entitled, “An act to complete East-bay-street in Charleston, and for other purposes therein mentioned;" by virtue whereof, the city council of Charleston were required to appoint three commissioners, with powers to assess each lot or parcel of land to be benefited by the completion of the said street, in a sum of money proportionate to the benefit received; and that, should any person or persons so assessed, be in any wise aggrieved, application should be made to the city council for redress: And whereas Robert Lindsay, William Turpin, and Adam Tunno as administrator to the estate of James Sommers, have, by their several petitions to the legislature, set forth and alleged, that the enforcement of the said act has operated considerably to their injury, by means of the said street being laid out and made through their lands, in conformity to the plan thereof adopted by the city council: That they have applied to the city council for relief, but without what, in their opinions, was an adequate effect; and that on application being made to the court of common pleas for a prohibition to issue, the judges of the said court were divided in their opinions on the subject: And whereas it is the opinion of the legislature, that the most adequate method of determining the damages sustained by the said petitioners, or whether they are entitled to any redress or not, will be by the verdict of a jury: In order therefore that the said Robert Lindsay, William Turpin, and the estate of James Sommers, deceased, may be redressed and relieved in the premises, as far as in justice and equity they ought, Be it 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 judges of the court of common pleas of this state are hereby authorized and directed, as soon as may be after the passing of this act, to order the sheriff of the district of Charleston to summon from the said district, a jury or juries, as the case may require, and cause them to be empannelled, in manner and form directed by law; and the said court, together with the jury or juries so summoned and empannelled, are hereby required to investigate the damages sustained by the said Robert Lindsay, William Turpin, and the estate of James Sommers, deceased, on account of the said street being made, laid out and continued through their lands; and the said jury or juries to determine the same by their verdict or verdicts; and if the said verdict or verdicts be in favor of the said parties, or either of them, that then the said court do order that the amount of the said verdict or verdicts be placed to the credits of them, or either of them, in whose favor the same may be found, in the books of the city council of Charleston: and the city council of Charleston are hereby required, within eighteen months after the passing of this act, to provide for the payment of the amount of the said verdict or verdicts, and discharge the same from such funds and in such manner as they shall think most proper to appropriate and devise: Provided, That nothing in this act be construed so as in any wise to affect the assessments made by the commissioners appointed for laying off, making and continuing East-bay-street, in conformity to the aforementioned act. And be it further enacted by the authority aforesaid, That the land laid off by law for the continuation of East-bay, be vested in the city of Charleston; and it shall and may be lawful for the city council to convey to the proprietors of the adjaY |