TIT. 14. A. A. 1796. 113. Little Pedee river. Be it therefore enacted, That John Newsom, Robert Hodges, Richard Woodberry, William Watson, Samuel Jarrell and Joseph Jenkins, esquires, be, and they are hereby appoint2 Faust 112, ed commissioners, and are vested with full power and authority, to clear out, make navigable and keep open Little Pedee river, from its confluence with Great Pedee to the mouth of Drowning creek; and from thence up the said Drowning creek to the North-Carolina line: And that in case of the death, resignation or refusal to serve, of any one of the said commissioners, a majority of the remaining ones shall have full power and authority to appoint another commissioner in Commission ers appointed to make the same naviga. ble. Who shall be liable to work for that pur pose, and how long. Ibid. 2 Faust. Four-Holes creek. Authorized his room. 178. And be it enacted, That all the male inhabitants, as well freemen as slaves, residing within ten miles of the said river and creek, who are of the age of sixteen years, and not above fifty years, shall be liable to work upon the said river, to make navigable, clear out and keep open the same, not exceeding ten days in every year, at the time that the said commissioners, or a majority of them or of their successors, may direct, under the penalty of one dollar for every day which they or either of the said male inhabitants may absent himself or themselves: Provided nevertheless, That none of the male inhabitants residing within the said ten miles, who are liable by any former act of the legislature to work upon Great Pedee or Little Pedee, above the confluence of the same with Drowning creek, shall, by virtue of this act, be made liable to work upon Little Pedee.* 179. Whereas sundry proprietors of the lands situate on the Four-Holes swamp, and other proprietors of lands in the vicinity of the same, have petitioned for an act to be passed, to authorize them to clear out, make navigable and to keep open the Four-Holes creek: Be it therefore enacted, That the proprietors of the lands to be opened, situated on the Four-Holes swamp, from Edisto river to the &c. to Edisto. Four-Holes bridge, or any or either of them, at his, her or their proper labour or expense, shall have full power and authority to clear out, make navigable, and keep open the creek called Four-Holes, or Steed's creek, from its confluence with Edisto river up to the Four-Holes bridge. 180. And be it further enacted, That if any person or persons shall stop up, or in any manner obstruct the passage of the said creek, after the same shall be made navigable as aforesaid, he, she or they so offending, on conviction thereof, shall forfeit and pay a sum not exceeding twelve dollars, to be sued for and recovered before any justice of the peace,† for each and every such offence; the one half to be paid to such person or persons as may inform, the other half to be paid to the proprietors of the lands aforesaid, to be applied to the purpose of keeping the said creek open; which said proprietors, under This clause is altered by A. A. 1798. 2 Faust 199. This is contrary to the A. A. Feb. 1791. See Justices of Peace; and 1 Faust 52. the names of the commissioners whom they may appoint to superintend the navigation of the said creek, are hereby authorized to sue for and recover. TIT. 14. A. A. 1796. 181. Whereas sundry inhabitants of Marlborough county 2 Faust 121 have petitioned the legislature of this state, to have opened and kept in repair, the canal herein after mentioned; and it appears that it would be very advantageous to the said county that the same should be done : 182. Be it therefore enacted, That Robert Allison, Edward Commission. Crausland and Tristram Thomas, shall be, and they are here- ers appointed, &c. to open a by appointed commissioners for the purposes herein after mencanal, &c. tioned; and that they, or a majority of them, and their suc from Roger's cessors and a majority of them, shall from time to time ap- lake into Pe point such person or persons as may be necessary to supply dee, &c. any vacancy or vacancies which may happen among the said commissioners, by death, resignation, removal from the county or otherwise; and that in case the said commissioners, or their successors, should neglect to supply any such vacancy for six calendar months after the same may happen, the judges of the county court of the said county, for the time being, shall, upon application by any three inhabitants of the said county, appoint some person or persons to supply such vacancy or vacancies. 183. And be it enacted, That the said commissioners, or a majority of them, and their successors, or a majority of them, shall have full power and lawful authority, to lay off, open, sink, cut, clear out and keep in repair, a canal of not more than fifty feet width, to lead from any part of the said lake to such part of the said river as they may deem most fit; and also to stop up, obstruct, and constantly keep shut the creek running therefrom, commonly called Naked creek, at such part thereof as they may deem most convenient; and also to divert the water from the said creek, so as to run through the said lake and canal: Provided always, That the expense of carrying this act into execution, shall always be defrayed by voluntary subscription. 184. And be it further enacted, That no person shall ob- Horse creek, struct Horse creek, in Edgefield county,* so as to prevent in Edgefield rafts or boats from passing through it; but that every person kept open. district, to be now owning, or hereafter holding, owning or possessing any mill, mill-dam or other dam or obstruction thereon, shall always, after the passing of this act, have and keep a good and sufficient flood-gate lock or other passage, at least thirteen feet wide, which he shall always open, as often as any one may wish to carry through it any raft, boat, lumber or other thing; and if any such person shall not have, and keep constantly, such a flood-gate, lock, or other passage, or when required as aforesaid, shall not open the same, such dam, lock, flood-gate or other passage may be cut open by the direction of a magistrate and freeholders; in the same manner and by the same mode of proceeding as rice-dams by law may be cut; and the TIT. 14. A. A. 1797. Pine-tree creek. owner or possessor thereof shall also be liable to be indicted, or to be sued by special action on the case. 185. And be it further enacted, That the free and exclusive 2 Faust 164–5. right to the use and navigation of Pine-tree creek, be, and the same is hereby vested in the aforesaid Thomas Broom, Duncan M'Ra, Zachariah Cantey, James Kershaw, John Kershaw, The exelusive John Chesnut, John Adamson, James Chesnut, William Lang, right to navi- Samuel Mathis, William Langley, Benjamin Carter, Richard gate the same Lloyd Champion, John M'Caa, Daniel Brown, Dan Carpengranted. ter, Burrel Boykin, Joseph Brevard, James English and Jonathan Belton,* or in whomsoever may hereafter in their right hold or possess the same, on the condition of their opening and keeping navigable the creek aforesaid, and improving the same with a canal and locks, at their sole expense. And it shall not be lawful for any person or persons to use or navigate the said creek or canal, without paying the toll established by this act. And the said persons in this clause above mentioned, shall and may cause the said creek to be made navigable, and may open and continue the navigation thereof, from the mouth thereof as high up as the forks thereof, by means of canals, dams, locks, and clearing the obstructions in the said creek, or in such other manner as to them shall seem most fit and convenient: Provided, That no injury be done thereby to the mills that are erected below the said forks. The Pine-tree 186. And be it further enacted, That the said persons whose creek Naviga- names are above mentioned, and such others as they shall adtion Company mit into the said company, shall be, and they are hereby inincorporated. corporated by the name and style of "The Pine-tree creek Navigation Company ;" and by that name and style shall and may sue and be sued, implead and be impleaded, in any court within this state; and that they may elect and appoint all necessary officers, and from time to time make such rules, regulations and by-laws as they shall think proper: Provided the same shall not be repugnant to or inconsistent with any law of the state. Corporate powers and capacities. 187. And be it further enacted, That the said company shall and may cause an inland navigation, by a canal and locks, to be made and kept up, through such places as to them shall seem most fit and convenient, from the said creek up to or near the town of Camden: Provided the said company can agree with the owners of the land through which the said canal is to be opened, for that purpose: And that they, and their successors for ever, shall and may fix and establish, and be entitled to take and receive, by way of toll, for all goods and merchandize, carried on or through the said creek and canal, such sum or rates as the said company shall think proper to impose, not exceeding, at any time, twenty-five per centum per annum, on the money which they shall have ex *The title and preamble of this act are of no importance, and would, if inserted, occupy much room. The first enacting clause repeals two former acts, of 1794 and 1796; which may be seen in 1 Faust 366. and 2 Faust 115. pended in clearing, making and keeping in repair the naviga tion of the said creek, canal and locks; to ascertain which, TIT. 14. the books of the said company, together with the books of the A. A. 1797. former company, shall always be liable to the inspection of 2 Faust 166–7. the legislature. And that the said company, or their agents, may stop any goods, vessels, boats or rafts, from passing on the said creek and canal, until payment of the said toll. lands. 188. And be it further enacted, That the said company shall May purchase have to purchase, for themselves and their successors, power for ever, such land as may be necessary for the purpose aforesaid, and as much land at each end of the said canal as they may deem necessary, not exceeding two acres. pair. 189. And be it further enacted, That the said company shall Shall keep the be obliged to keep the said creek, canal and locks, at all times works in rein good and sufficient order, condition and repair, on pain of being answerable for any damages occasioned by their wilful default or neglect. tax. 190. And be it further enacted, That the shares in the said Shares excompany shall be exempted from any rate, tax, duty, assess- empted from ment or imposition whatsoever, for the term of twenty-one years; and that the said shares may be sold, transferred, assigned or bequeathed by the proprietors respectively; and in case of their dying intestate, shall go according to the act of distribution, as personal estate. pur tion. 191. And be it further enacted, That if any person shall Penalty for wilfully or maliciously cut, break down, damage or destroy obstructing any bank, or other work to be erected or made for the the navigapose of the said navigation, or shall throw dirt, trees, logs, or other rubbish into the said canal, so as to injure the same, such person shall be answerable to the said company for tenfold the damages occasioned thereby, to be recovered before a justice of the peace, or any court having jurisdiction, as the case may be; and in case of his or her inability to pay the same, he or she shall be imprisoned for three months. 192. And be it further enacted, That the said company and May purchase their successors, from time to time, for ever, shall be capable negroes, &c. of purchasing, 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: Provided the same do not exceed three thousand dollars. 193. And be it further enacted, That if any person shall Persons sued, be sued for any matter or thing done in pursuance of this act, how to plead. he may plead the general issue, and give this act and the spe cial matter in evidence; and on verdict against the plaintiff, non-suit or discontinuance, recover double costs. 194. And be it further enacted, That this act shall be deem- This act a ed and taken to be a public act, and judicially taken notice of public act. as such, without special pleading. Ibid. 195. Whereas great inconvenience is felt by the inhabitants of Winton county,* who live on and contiguous to the Lower 2 Faust 190. Three Runs, in the district of Orangeburgh, near Savannah Lower Three Runs in Barnwell district. Now Barnwell TIT. 14. A. A. 1797. 2 Faust 191. Commissioners appointed to open the same. Their powers, &c. Waccamaw river. same. river, by reason of the navigation of the said Three Runs being so obstructed as to prevent their carrying their lumber and produce down the said Three Runs to the said river: 196. Be it therefore enacted, That Daniel Bourdeaux, Robert Bradley, Joseph Harley, senior, Thomas Enox and Richard Wintz, be, and are hereby appointed commissioners for the purpose of clearing out the said Lower Three Runs, and opening and continuing the navigation of the same, from Mr. Joseph Harley's bridge to the mills on Rockey-point, lately owned by messieurs M'Elrath and Bourdeaux; and that all male inhabitants, from sixteen years old to fifty, living within two and a half miles of said Three Runs, shall be liable to work on the same, not exceeding twelve days in each year. 197. And be it further enacted, That the commissioners aforesaid shall have, and they are hereby vested with the same power and authority, in assessing and collecting fines for neglect of duty from the inhabitants made liable as aforesaid, which are now vested in and exercised by the commissioners of the high roads. 198. And be it further enacted, That the following persons be, and they are hereby appointed commissioners to clear out and keep navigable the river of Waccamaw, from the NorthCarolina line, down to the mouth of Bull creek, viz: John Commission- Bellame, John Frink and Charles Fullwood, from the Northers appointed Carolina line down to the house of Joseph Deuitts; Thomas to open the Livingston, Henry Durant and Alexander Wilson, from the house of Joseph Deuitts down to Joseph Cox's ferry; and Aaron Harwick, William Slone and John Green, junior, from Joseph Cox's ferry down to the mouth of Bull creek: And all the male inhabitants, excepting those below Bull creek, within six miles of said river, and between the ages of sixteen and fifty years, shall be liable to work thereon, not exceeding Their powers. six days each year. And the said commissioners are hereby vested with all powers and authority that other commissioners are in similar cases; and shall be liable, if they fail to carry this act into execution within eight months after passing the same, to pay a fine of twenty dollars each, for their neglect or refusal to act. Commission 199. And be it further enacted, That no person liable to work on the above mentioned river, shall be liable to work on any other river, any law to the contrary notwithstanding. 200. Be it enacted, That William Holbert, William Nicholers appointed son, Robert Easeley, Benjamin Arnold, William Thurston, for opening and Elias Earle, be, and they are hereby appointed commissioners for clearing out and making navigable the said river, as far up as M'Elhany's ford. * the navigation of Saluda ri ver. May make locks, and open new roads. 201. And be it enacted, That the said commissioners shall have power to make navigable the said river, by means of dams, *The first part of the first section of this act, the title of which is, "An act for opening the navigation of Saluda river," is repealed by an act of assembly of 1800. See 2 Faust 194. 342. This act is further altered, and amended, by the act of 1800. 1 |