Certain streams Penalty for ob. structing. with the labor of such male inhabitants as shall be liable to work on the public highways, or by contract with one or more persons, and they shall also have all such work done as may from time to time be expedient and necessary for the preservation and use of the said water courses and cuts, notwithstanding such work be not designated in this Chapter. SEC. 9. That all streams which have been rendered, or can hereblared naviga after be rendered, capable of being navigated by rafts of lumber or timber, by the removal therefrom of accidental obstructions, be, 1823, VI, 219, and the same are hereby, declared navigable streams; and if any 268. §6; 1843, person shall obstruct the same, otherwise than is hereinafter proXII, 305. § 1. 2 Strob., 12; 2 vided, such person shall be deemed guilty of a nuisance, and such Rich., 447; 11 obstruction may be abated as other public nuisances now are by the Rich., 253. laws of this State. 221; 1825, VI, Spears, 581; 5 Proceedings to remove dams for purpo ses of navigation. XIII, 474, 1. SEC. 10. That it shall be lawful for owners of lands on such streams to erect mill dams across the same: Provided, They shall construct, and keep in repair, sufficient locks, or slopes, or canals, in or around such mill dams, to admit their free navigation for rafts of lumber and timber. poses SEC. 11. That in all cases in which mill owners shall have erected mill their mill dams on such streams antecedent to their use for the puraforesaid, at the points at which such mill dams have been or Ib., 3; 1866, may be erected, it shall be lawful for all persons who may desire, to use such streams for the purposes of navigation, as aforesaid, upon payment to such mill owner of a compensation to be determined by the parties themselves. But if the parties cannot agree, it shall be the duty of any neighboring Trial Justice, at the instance of any person desiring to use such streams, for purposes of rafting of rafts of lumber and timber, to call to his assistance four neighboring freeholders, two to be selected by the mill owner, and two by the applicant; and the said Trial Justice and freeholders shall determine the amount of compensation to be paid by such person desiring to use such stream, subject to the right of appeal to the next Court of Common Pleas for the County in which the mill may be situated: Provided, That nothing herein contained shall be construed to extend to the navigation of Big Horse Creek, above the point at which the waste water of Bath Mills returns to the old bed of said Creek: Provided, nevertheless, Nothing herein contained shall be held or deemed to apply to any stream or water course within the corporate limits of the city of Charleston. No fish traps near dams on SEC. 12. That it shall not be lawful for any person whomsoever, to be kept up at any time, to erect or keep up any fish trap or other device for navigable catching fish, or to fish with any net or seine within eighty yards of any dam, erected by the order or at the expense of the State, across streams. Penalty. 1822, IX, 321, any stream intended thereby to be made navigable, in which dams there shall be left or constructed any sluice for the passage of fish; and all and every person or persons offending against this Section shall, for each and every offence, pay the sum of twelve dollars, to be recovered before any Trial Justice of the County where the offence may have been committed, one-half of which penalty shall 29; 1827, VI, go to the informer, and the other half to the support of the work to which the dam is attached; and all traps and other devices for catching fish, erected or kept up in violation of this Section, be, and the same are hereby, declared public nuisances, and may be treated as such. 340. 5 Rich., 484. Penalty for obon by fish struct.ng nav 1829, VI, 393 SEC. 13. That if any person shall keep, put, or cause to be kept, put or placed by him, her or them, any fish trap, in or near any boat sluice, in any of the rivers within this State, so as thereby to trap. injure or in the least obstruct the free navigation of said rivers, that § 2. every such person or persons so offending shall forfeit, for each and every such offence, the sum of one hundred dollars, for the use of the State, to be recovered by information and proof, upon indictment any Court of General Sessions in this State. in SEC. 14. That it shall not be lawful for any person to keep up or erect any dam, except as provided for by Section 10 of this Chapter, across any river which the Legislature has ordered to be made navigable, or for improving which the Legislature has made any appropriation, so as to obstruct the passage of boats or rafts of timber and lumber therein; and in case any dam, hereafter to be erected, shall not be immediately taken down and opened, when required by the County Commissioners, the same shall thenceforth be regarded and taken to be a public nuisance, and shali and may be abated as such; and the person erecting or keeping up the same shall, on conviction thereof, be fined at the discretion of the Court, in a sum not exceeding five hundred dollars, for the use of the navigation of the river where the said nuisance exists. Railing to be 10. How re-chartered. 11. Keepers of ferries to keep banks 12. Aprons to be attached to ferry 13. Slips to be kept in repair by own- 14. Persons not to transport passen- 15 Tolls remitted in certain cases. Turnpikes and Bridges. 17. Width of turnpike roads and 18 Penalty for injuring. 20. All traveling to be on the right of SEC. 21. Proprietors liable to indictment for not keeping up their works. 22. Penalties recovered, how to be applied. Bridges and Ferries. 23. Toll at bridges and ferries char- viso. 25 Tolls to be conspicuously rosted. 27. Persons fording not to pay toll. 30. Distance between ferries, how as General Provisions. 31. Commissioners to be appointed to superintend works. 32. Work to be examined by them: 33. Oath to be taken by them. gate. 35. Warrant may be issued to collect tolls. 36. Persons exempt from toll. 37. Rate of tolls; foot passengers exempt. 38. Penalty for delaying passengers. 39. Notice of application for charters 40. Applications for charters, how to be made; opposition, how made. Bridges. SECTION 1. That it shall be the duty of the owners of all toll put to bridges. bridges which have been or may hereafter be chartered by the Leg 1823, IX, 525, islature, to cause to be erected a good and sufficient railing, extending twenty feet from the ends of all such toll bridges, on each side of the road passing over such toll bridge. 217. How bridges 1827, VI, 314. 4. SEC. 2. No person shall drive, lead, or, having charge thereof, are to be passed. shall permit any carraige, animal or other thing to travel over or on any bridge more than ten feet long, now constructed or hereafter to be constructed by the authority of the Legislature, in a gait fa-ter than a walk, nor shall any person having charge of any carriage, animal or thing, cause or permit it to stop on any such bridge. And every person so offending against this provision shall, on conviction thereof before any Trial Justice of the County, pay a fine not exceeding ten dollars, nor less than five dollars, and shall be further liable for all damages occasioned by such offence. carried on a Ib., 5. SEC. 3. No person shall carry over, or otherwise have or place No fire to be any fire on any wooden bridge, or bridge the superstructure whereof bridge. is of wood, now constructed, or hereafter to be constructed, by the authority of the Legislature; and every person so offending shall, on conviction thereof before a Court of competent jurisdiction, pay a fine not exceeding ten dollars, nor less than two dollars, and shall be liable for all damages occasioned thereby. SEC. 4. No person shall erect, or cause to be erected, any wooden building or other edifice not constructed of stone or brick, and not roofed with tile or slate, so as not to be fire-proof, within fifty feet of the wooden part of any bridge which is more than fifty feet long, constructed by authority of the Legislature; and if any person shall attempt such building or edifice, he may be prohibited from proceeding therein by any competent Court; or if the same shall have been erected contrary to this Section, the said Court may order the same to be taken down and removed, and it shall be lawful for the proprietor or proprietors of the bridge, their officers or agents, to execute such order, under the direction of the Sheriff of the County, or his lawful deputy. SEC. 5. All vessels, boats and rafts, passing under any bridge, shall, before they come to the same, drop anchor and drag through under the same; and if any vessel, boat or raft shall pass, or attempt to pass under any bridge without dragging as aforesaid, every such vessel, boat or raft, shall forfeit the sum of fifty dollars, to be recovered by immediate seizure and detention of the said vessel, boat or raft, until the payment of the said sum, by information being given of the same to the Circuit Court in the County where the offense was committed; the money, when so recovered, to be applied for rebuilding or keeping in repair such bridge. Turnpikes. Νο wooden building to be erected within fifty feet of bridge. Ib., 6. Vessels passing drop anchor, &c. under bridges to Penalty. 10; 1788, Con., Art. 1, 22; IX, 311, § 12. Where toll he erected. 1827. VI, 307, cl. 2, 3. a SEC. 6. The proprietor or proprietors of a turnpike road shall not erect any toll gate across any public road now established by gates shall not law, or which may hereafter be established by Act of the Legislature, and which is and shall be kept in repair by the means at the disposal of the County Commissioners, according to a general law of the State. SEC. 7. Every turnpike road shall be so graduated as that no part of it shall rise above the horizon in a greater angle than three degrees, or a rise of one foot in nineteen feet of horizontal extension. How gradu ated. lb., 310, ¶ 16. Wheels SEC. 8. All carriages, the tires of whose wheels are more than four inches broad, shall be subject to a toll on all the turnpike broad tires roads in the State, less by twenty-five per cent. than the toll which pay less toll. Ib., 17. with to One toll gate every miles. carriages of the same description, having narrower tires, are subject to; and all carriages, the tires of whose wheels are more than six inches broad, shall be subject to a toll on the said roads less by fifty per cent. than the toll which carriages of the same description having tires less than four inches broad are subject to. The maximum of tolls, established by the Act granting the charter of a turnpike road, shall always have reference to carriages with tires less than four inches broad. SEC. 9. For every twenty miles of turnpike road completed, one twenty toll gate may be established, with the rates of toll allowed by law. Tb., 310, cl. 2, Or for every ten miles of turnpike road completed, one toll gate may be established, with half the said rates of toll. 14. How recharterel. 1826, IX, 569, 2 22. Keepers of fer ries to keep Ferries. SEC. 10. No ferry, the charter of which shall have expired, shall be rechartered by the Legislature, unless the person or persons so applying shall advertise his intention of doing so, within three months previous to the meeting of the Legislature to which such application shall be made, and at three of the most public places in the neighborhood of the said ferry. SEC. 11. It shall be the duty of every person keeping a ferry to banks in order. keep in good order the banks of the river or creek at such ferry. And, in case of neglect, he shall be subject to a fine of three dollars for each and every day of such neglect; the same to be recovered before any Trial Justice having competent jurisdiction. 1809, IX, 443, 227. 1 MeC., 158. Aprons to be attached to ferry flat. 859 1 McC., 158. SEC. 12. Each and every ferry owner or keeper in this State shall provide and keep attached to each end of his ferry flat, or flats, a 1824, IX, 544, good and sufficient apron, or, not having such aprons, shall keep at each and every landing place a good and sufficient abutment, or inclined plane for the same; and for default or neglect in so doing he shall be fined in a sum not exceeding ten dollars for every three days' continuance of such default, to be recovered in any Court having competent jurisdiction of the same; one-half thereof to the use of the State, and the other half to the informer. SEC. 13. All persons who may have charters for any ferry, where 1891, IX, 515, it is necessary that slips should be used, shall keep the same in repair at their private expense. Repair of slips. 43. Persons not to transport Jas mile of an estab lished ferry. SEC. 14. If any person or persons, living within the space of one sengers within a mile of any established ferry in any part of this State shall, for any fee, toll or reward, whatever, transport any person, goods or 1741, 1X, 123, cattle, from one side only to the other of that river where any such established ferry shall be kept, the person taking any such fee, toll or reward shall forfeit and pay to the proprietor of the ferry next adjacent to the place where such fare was taken up, tre 29. |