105. All the male inhabitants from the age of sixteen to TIT. 14. fifty years, residing on the south side of Black creek, within four miles thereof to the mouth thereof; also, all such inhabi- A. A. 1787. tants residing on the north side of Black creek and within P. L. 434. two miles thereof from the head to the mouth of the same, all Black creek. which inhabitants aforesaid, shall be liable as well to clear and keep open Black creek aforesaid, as to work on such high roads as they are already by law obliged to work upon. Provided nevertheless, That nothing herein contained shall be construed so as to oblige any above mentioned inhabitant or inhabitants to work on the said creeks, or any high roads, for a greater number of days in the year than shall be employed by other citizens of this state in working on the high roads as directed by law. 106. That creek. are hereby appointed commission- Commissioners for Lynch's creek, and are hereby appointed ers for Lynch's commissioners for Black creek; for carrying into execution this ordinance, and shall respectively have the same powers and authorities, and be under the same restrictions in clearing said creeks, and in keeping open, and improving the navigation thereof, as any commissioners of high roads, and public paths in any part of this state are vested with or subject to; any law, usage or custom to the contrary in any wise notwithstanding. Limitation of This ordinance shall continue in force for the time of five this ordiyears, and no longer. [See within.] 107. Be it enacted, That nance. be appointed A. A. 1788. Pedee. commissioners for clearing Little Pedee, from the mouth of P. L. 449. Drowning creek to Gibson's; and that be Commissionappointed commissioners for clearing said river from Gibson's ers for Little to the mouth of Gum Swamp, and that all the male inhabitants within six miles of said river shall be liable to work on the same. 108. That are hereby appointed com- For Thompmissioners for opening the navigation of Thompson's creek, son's creek. from the mouth thereof to the road leading from the Cheraw hill to Camden, and that all the male inhabitants within six miles of said creek shall be liable to work on the same; and that all the male inhabitants within two miles of said creek shall be exempted from working on the river Pedee. 109. The aforesaid commissioners are hereby vested with P. L. 450. such powers and authority as have been by any law of this Powers vested state granted to commissioners for clearing any inland navi- in the comgation within the same, and the inhabitants made liable to missioners. pay two dollars for every day they shall neglect or refuse to work and send their male slaves when duly summoned by said commissioners. 110. If any person or persons shall be sued for any thing Persons sued done in pursuance of this act, it shall and may be lawful for may plead the such person or persons to plead the general issue, and give general issue. this act and the special matter in evidence; and in case judgment shall be given for the defendant or defendants, or the plaintiff shall suffer a non-suit or discontinue his action, the said defendant or defendants shall recover treble costs of suit.* See A. A. 1795, [2 Faust 51. 54] which amends this act. VOL. III. TIT. 14. A. A. 1788. Wall's cut. 111. Be it therefore ordained, That shall be and they are hereby appointed commissioners for clearing and opening the cut commonly called Wall's cut; and the said P. L. 450-1. commissioners or a majority of them shall have full power and authority to contract and agree with any person or persons, for making Wall's cut wider and deeper, and for having the sides of the said cut secured by piles or stakes, in such manner as the said commissioners shall judge most proper and effectual for enabling large boats and rafts to pass through the same; and the said commissioners or a majority of them, may draw orders on the treasury in favour of the person or persons undertaking the work for the sums of money, that is to say, three hundred pounds sterling, granted in and by the above recited ordinance,* which orders the commissioners of the treasury shall pay out of any monies in the treasury (except such as are appropriated to the payment of the foreign debt;) any law to the contrary notwithstanding. Toll allowed to be taken of the work. 112. And the said person or persons so completing said work as aforesaid, their executors, administrators or assigns, on completion shall thereupon be entitled to demand, receive and take by way of toll, for every sloop or schooner five shillings, for every pettiauger or large trading boat two shillings and six pence, for every pleasure boat or rowing canoe, commonly called plantation boats, one shilling, and for every raft of lumber five shillings each, and every time they shall pass through the said cut, for the term of fourteen years next after completing the work aforesaid; which toll the collectors thereof shall be entitled to receive before the passage of any craft or rafts as aforesaid through the said cut. The cut to be 113. And the persons who may be entitled to such toll kept in repair. shall during the said term keep the said cut in complete repair, and free from all obstructions and impediments to the navigation, and on default of so doing, shall thenceforward lose all benefit of this ordinance. In case of 114. In case any of the commissioners by this ordinance death, &c. appointed shall die, depart the state or refuse to act, it shall other commis- and may be lawful for the other commissioners or a majority sioners to be of them to nominate and appoint any other person or persons appointed. in the room of him or them so dying, departing the state or refusing to act; and the person or persons so chosen shall be invested with the same powers and authorities as the other commissioners hereby appointed. Stave-Landing creek. 115. Whereas the company for opening the navigation of the Catawba and Wateree rivers have, by their petition to the general assembly, represented that the opening of the navigation from the Wateree river up a creek called the Stave-Landing creek, and to dig a canal from the upper end thereof to the main road leading from Charleston to Camden, by means of canals, dams and locks, and clearing the obstructions now in the way, will be of public utility; Be it therefore ordained, * An ordinance of 1784, granting three hundred pounds for this purpose. That the said company shall and may cause a navigation to TIT. 14. be made from the said river to the public road aforesaid, near Stateburgh, or so far up as they may think necessary, by A. A. 1788. means of dams, canals and locks, or in such other manner as P. L. 451. to them shall seem most fit and convenient; and the said company shall be entitled to the same toll and other advantages as are granted to them for opening the navigation of the Catawba and Wateree rivers, by an act passed the twentyseventh day of March last, entitled, "An act for the opening of the navigation of the Catawba and Wateree rivers,"* and shall have the same powers and authorities and be under the same restrictions as are therein mentioned. 116. Whereas river. Ibid. -have petitioned the general assembly, praying that they may be incorporated for the pur- P. L. 458–9. pose of opening by means of locks, dams or canals, or by any Broad river, other ways or means, not destructive to the rights of any other and Pacolet citizen, the navigation of Broad and Pacolet rivers, from Fridig's ferry on the Congaree river to the mouth of King's creek on Broad river, and Grindon's shoals on Pacolet river; and having represented it as work of great public utility, pray to be invested with ample powers, privileges and immunities, for carrying their purposes into speedy effect, and that they may be known by the name or title of The Company for opening the navigation of Broad and Pacolet rivers. 117. Be it therefore enacted, That the said petitioners and A company in such others as shall be admitted into the said company, be corporated. and they are hereby incorporated by the name or title of "The Company for opening the navigation of Broad and Pa- Corporate colet rivers." name. 118. The said company, by the name and style aforesaid, Powers. shall and may sue and be sued, implead and be impleaded in any court within this state, and that they may frame any rules or regulations, and make by-laws for their own government, and may appoint their own officers; Provided such rule, regulation, by-law, or appointment, be not inconsistent with or repugnant to any law of this state. 119. The said company shall and may cause a navigation The said rito be made on the rivers aforesaid by means of locks, dams vers to be and canals, or such other mode as they may conceive most opened, &c. conducive to effectuating their purpose, from Fridig's ferry on Congaree river to the mouth of King's creek on Broad river, and Grindon's shoals on Pacolet river, and that they and their successors for ever shall and may fix and shall be enti tled to take and receive by way of toll for all goods and produce carried through, and all boats, vessels and craft, lumber or rafts, passing on or through the said river, within the limits aforesaid, such sums or rates as the said company may impose, not exceeding at any time twenty-five per cent. per annum, on the money which they may have spent in opening and keeping in repair the said navigation; to ascertain which, Books liable the books of the company shall always be liable to the inspec- to inspection, Toll. *. P. L. 421. TIT. 14. A. A. 1788. &c. tion of the legislature that the said toll shall be payable in the current money of this state, and that the said company or their agents may stop any goods, boats, craft or rafts from passing on the said rivers until payment of the toll. open 120. The said company shall have power to open and keep such road and roads on each side of the banks of said rivers as they may deem necessary for the use of the navigation aforesaid, and to purchase for themselves and their successors for ever all such lands as they may think convenient and necessary; and in cases where it is necessary that the company. shall possess land for carrying on the work, which they cannot agree for with the tenant, it shall be taken at the valuation of five persons appointed by the court of common pleas, which land, upon payment of the sum at which it was valued, shall be recorded as the property of the company and their successors for ever. 121. And from the time of the said navigations being opened, the company shall be obliged to keep it in good and sufficient repair, order and condition, on pain of being answerable for any wilful neglect or default. 122. The shares in said company for ever shall be exempted from any rate, tax or duty whatsoever; and that the said shares may be sold, transferred, assigned or bequeathed by the proprietors respectively; and in cases of intestacy, shall descend as personal estate, according to the statute of distribution. 123. If any person shall wilfully and maliciously cut, break Penalty for damage done down, damage or destroy any bank or other work erecting or to navigation. erected and made for the purpose of said navigation, such person shall be adjudged guilty of felony, and on conviction, shall be compelled to work in chains upon the said navigation, for any term of years not exceeding seven; and any person throwing dirt, trees, stones or other kind of rubbish, so as to obstruct the navigation or prejudice the works, shall answer to the company for treble the damages sustained thereby. Materials may be used, &c. Company entitled to lands. Proviso. May purchase, &c. 124. The said company may use any materials in the vicinity of said navigation, the value of which shall be ascertained in like manner as the value of land which the company may take as aforesaid, in case they and the owners cannot agree about the price thereof. 125. To all lands within two miles of the rivers so to be made navigable as aforesaid, which have not been granted to any person heretofore, the said company and their successors shall have an exclusive right; Provided they survey and obtain a grant for the same, within three years from and after the passing of this act; and the said company may collect and reserve water for the use of their canals and locks, making satisfaction for the damages done thereby; the said damages to be ascertained in the manner above described, with respect to the value of land. 126. And the said company and their successors, from time to time, for ever, shall be capable of purchasing or acquiring, holding and possessing, and of selling and disposing of any negroes, or other goods and chattels, as well as of any lands or real estates. TIT. 14. 127. If any person shall be sued for any thing transacted in Persons sued consequence of this act, he may plead the general issue, and may plead,&c, give this act in evidence. clause. 128. And so much of the first clause for opening and im- A. A. 1789. proving the navigation of Lynch's creek,* as exempts the in- P. L. 476. habitants residing on the north side of said creek from the Repealing fork thereof to Witherspoon's ferry from working on any road whatever, be and is hereby repealed. 129. And be it further enacted, That be, Commissionand they are hereby appointed commissioners for opening and ers appointed for clearing improving the navigation of Great Pedee river, from the NorthGreat Pedee Carolina line down to the mouth of Black creek, and vested river to Black with all the powers and authorities which are given by an or- creek: dinance, entitled, "An ordinance for clearing Edisto, Wateree, Great and Little Pedee, Broad and Saltcatcher's rivers," passed the twenty-fourth day of March, 1785. [See P. L. 394.] 130. And that be and they are hereby And from appointed commissioners for opening and improving the navi- Black creek gation of Great Pedee river, from the mouth of Black creek to Euhaney. down to Euhaney, and vested with the same powers and authorities which are given by an ordinance, entitled, "An ordinance for clearing Edisto, Wateree, Great and Little Pedee, Broad and Saltcatcher's rivers," passed the twenty-fourth day of March, 1785. [P. L. 394.] 131. And be it further enacted, That so much of the before Repealing recited ordinance as relates to the appointing of commission- clause. ers for improving the navigation of Great Pedee, be and the same is hereby repealed: Provided, That nothing herein contained shall be construed so as to interrupt the operation of the law for opening and improving the navigation of Lynch's and Black creeks and Little Pedee river. [See A. A. 1785. P. L. 395.] 132. Whereas many of the inhabitants residing in the neigh A. A. 1790. bourhood of Black Mingo, in the district of Georgetown, have January. laboured under many and great inconveniencies, by reason of P. L. 502~ the said creek being very much obstructed by the many logs and trees falling therein, in different places, and owing to the said obstructions, the vessels which use the same, asking exorbitant freight for carrying said inhabitants' produce to market: Be it therefore ordained, That all the male inhabitants Black Mingo, from the age of sixteen to fifty years, residing within twenty miles of Black Mingo ferry, who make use of the said creek, to send their crops to market, shall be liable to work on and clear the said creek from obstructions, and to open the navigation thereof, from its confluence with Black river to Black Mingo bridge; but shall not be compelled to work on the same for a longer time than six days in every year.t * See A. A. 1787. P. L. 434. + See A. A. 1811, which revives this ordinance. |