road, from the White Pond in Orangeburgh district, to colonel TIT. 19. Wade Hampton's bridge, in the district of Ninety-Six; which road has not been completed, through the want of commis- A. A. 1797. sioners on that part of the said road which lies in the district 2 Faust 173-4of Ninety-Six: Therefore, 425. Be it enacted, That Isaac Parker, Philip Lamar, and Road from the Nathaniel Bacon, be, and are hereby appointed commissioners, White Pond with full powers to lay out, cut and keep in repair that part to Hampton's of the said road which lies between the division line of Orangeburgh and Ninety-Six districts and Béven's bridge on Horse creek. bridge. 426. And be it enacted, That Abraham Ardis and Jacob Zin, Road from be, and they are hereby appointed commissioners, with full Boseman's powers, for laying out, cutting and keeping in repair, a road place, to from the widow Boseman's place, on the aforesaid road, to the Charleston road leading from Lamar's ferry, on Savannah river to Charleston, at or near doctor Fuller's old place. road. 427. And be it enacted, That doctor James Otis Prentis and CommissionMr. Walter Taylor, be, and are hereby appointed commis- ers appointed. sioners in the room of David Zubly, deceased, late a commissioner on the road leading from Lamar's ferry aforesaid, to Charleston. 428. Whereas the inhabitants of Georgetown district did, by their petition to the legislature, set forth that the ferry on Black river, known by the name of Wragg's ferry, was on many accounts inconvenient, and from its exposure to high winds, frequently impassible, and did therefore pray that a public ferry might be established at some more fit place on the river: And whereas certain commissioners were appointed to examine the said river, and to report the most proper place thereon for a public ferry, who have accordingly reported that the most safe and convenient place for the said purpose is at the plantation of general Christopher Gadsden, at the place formerly known by the name of Charing-cross ferry: 429. Be it therefore enacted, That a public ferry shall be, and is hereby established at the plantation of the said Christopher Gadsden, at the said place, formerly known by the name of Charing-cross ferry; and shall be and is hereby vest- Charing-cross ed in the said Christopher Gadsden, his executors, adminis- ferry, on trators and assigns, for and during the term of twenty-one Black river. years: And the commissioners of the high roads for the parish of Prince George, are authorized and empowered to clear out and keep in repair the old road leading thereto, on each side of the said river: Provided, That the same do pass through such part of the land of the said Christopher Gadsden as he shall direct. And it shall and may be lawful for the said Christopher Gadsden, his executors, administrators and assigns, to demand and receive such rates of ferriage as the said commissioners of the high roads shall, from time to time fix and assess. 430. Whereas a public road has been laid out by the county courts of York and Chester, from the Old Nation ford on Catawba river, to Love's ford on Broad river; and said road has been opened in both counties, to the plantations of Alex TIT. 19. A. A. 1797. Commission ander Moore and David Beard, adjoining each other, on and near the York and Chester line: Be it therefore enacted, That William Dale, John Murphy, 2 Faust 174-5. and Francis Irvin, or any two of them, be and are hereby appointed commissioners to lay out and open the said road to Love's ford, through the plantations of the said Alexander Moore and David Beard. ers of the road on Broad riv. 431. And be it further enacted, That Samuel Jenkins, Zachariah Owens, and Shadrach Simons, shall be, and are hereby appointed commissioners for keeping in repair the main road, leading from Black Mingo to Britton's ferry, on Pedee, and are hereby fully authorized to call out and employ the male inhabitants, from sixteen to fifty years of age, residing within eight 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. 432. And be it further enacted, That the proprietor or proprietors, for the time being, of the saw mills now erecting at or near the plantation of William M'Muldrow, on Black creek, in the district of Cheraws, shall, in 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. 433. And be it further enacted, That the proprietor or proprietors of the said saw mills, or any or either of them, shall forfeit and pay to the owner or owners of any boat or raft of lumber, navigating the said creek, for every fifteen 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: 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 proprietors, to the rafts or boats, and their cargoes, in the passing and repassing the said mill-dam, in any court of record having jurisdiction. 434. And be it further enacted, That the old road, now leading from Strother's ferry on Broad river, to Water's ferry and Lee's bridge on Saluda river, is hereby established and made a public road; and that John Weaker, John A. Houseal, 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. 1 TIT. 19. Great Pedee 435. Be it enacted, That the landing on the south-west side of Great Pedee river, of the ferry across the same river, near the town of Chatham, in Chesterfield county,* be removed to A. A. 1798. and established at some convenient place on the land now in 2 Faust 198. the possession of William Brown, adjoining the present land- Landing on ing of the same ferry; and that a road be laid out therefrom through the said tract of land, to join the road leading through ham removed the town of Chatham, towards Greenville, under the direc- Road thence tion of, and in such way and manner as the county court of to Greenville. Chesterfield county* aforesaid, shall think fit and direct. near Chat 436. And be it further enacted, That so much of an act, Part of former entitled, "An act to establish a ferry on Great Pedee river, act repealed. near the town of Chatham, in Chesterfield county, and to vest the same in Elizabeth Bishop, her heirs and assigns, for the time therein mentioned,† as is contrary to the foregoing, be, and the same is hereby repealed. 437. And be it further enacted, That captain Benjamin Road from Sa. Davis, William Brunson, William Richbourgh, Benjamin lem courtHodge, William Malone, Shadrack Adkins, Redden McCoy, house to the Arthur Bradley, Samuel Bradiey and David Witherspoon, Santee canal. be, and they are hereby appointed commissioners to lay out a road through Salem, Claremont and Clarendon counties, in the following manner, viz: From Salem court-house, the directest way to Elizabeth Bradley's causeway, from thence to cross Scape Whore at Arthur Bradley's plantation, and to continue from thence the nearest and most direct course to the Santee canal: And that after the said road is laid out, the said commissioners are hereby vested with powers similar to those of commissioners of the roads, for the purpose of calling out all the male inhabitants, from sixteen to fifty years of age, residing within three miles of the road laid out as aforesaid, to make and complete the same: Provided nevertheless, That immediately after the said road is made and completed, the powers of the said commissioners shall cease and end; and the said road be considered and come under the jurisdiction of the commissioners of the roads of the counties of Salem, Claremont and Clarendon respectively. ex- 438. And be it further enacted, That the ferry on Lynch's 2 Faust 202. creek, known by the name of Kenneth M'Callum's ferry, be, Ferry on and the same is hereby vested in the said Kenneth M'Callum, Lynch's his heirs and assigns, for the term of seven years,‡ from the creek, vested piration of his present term, and that no person or persons McCallum. shall be permitted to build a bridge or establish a ferry within three miles of the said ferry, either above or below the same; and that the following rates of ferriage shall be established for the same, viz: For every foot passenger, six cents; for every man and horse, seven cents; for every head of other Now district. † A. A. 1796, [2 Faust 116.] Also A. A.1803, [2 Faust 532], vesting this ferry in L. Mitchell and B. Dunn for 14 years. Vide ante, § 390. See act of assembly, Dec. Sess. 1813-vested in Peter Dubose for seven years. TIT. 19. A. A. 1798. 2 Faust 202-3. Road from Sparrow swamp to horses, four cents; for every two wheeled carriage, and the horse or horses, in gears or harness, and the rider or driver, twenty-five cents; for every head of horned cattle, sheep, goats or hogs, one cent; for every four wheeled carriage, and horses in gears, and riders or drivers, fifty cents; every rolling hogshead, horses and drivers, six cents. 439. And be it further enacted, That a public road be opened and laid out, to lead from major Windham's, on Sparrow swamp, by Bell's bridge on Lynch's creek, and from thence Scape Whore. to Carter's crossing place on Scape Whore, and that Peter Rates of fer riage of Stro ther's and Lile's ferries augmented. Road from Wither spoon's and M'Callum's ferries alter ed. Road from Gent's branch Dubose, Samuel Higgin's, Benjamin Dubose, Moses Gordon, Joseph Way, Jonathan Newman and Adison Scarborough, be, and they are hereby appointed commissioners to lay out and open the aforesaid road. 440. And be it further enacted, That the rates of ferriage of Delilah Strother and William Lile's ferries* over Broad river, be, and the same are hereby augmented to the follow ing rates, viz: For every foot passenger, six cents; for every man and horse, twelve cents; for every head of other horses, six cents; for every two wheeled carriage, and horse or horses in gears or harness, with the rider or driver, fifty cents; for every four wheeled carriage, with the horses in gears or harness, and the rider or driver, seventy-five cents; for every head of horned cattle, sheep, goats or hogs, two cents. [See A. A. 1813; post, § 789.] 441. And be it further enacted, That such part of the road leading up to Lynch's creek, from Witherspoon's ferry to McCallum's ferry, whereon Andrew Dubose, the elder, is a commissioner, be altered and laid out, in the nearest and best direction, and that Michael Mixon be added as a commissioner to lay out and make the said road. 442. And be it further enacted, That a public road shall be opened and laid out, as a continuation of the road from to H. Jones's. Gent's branch, to cross Edisto river at Odoms's old ferry, and to intersect the road leading from Johnston's bridge, on said river, to Henry Jones's, on the north fork of Edisto: And And a bridge that a bridge be established and built, where Odoms's old established. Nelson's ferry vested in Theodore Gourdine. No ferry or bridge to be within four miles of Can non's bridge. bridge formerly stood, free of all toll; and that John Holman, William Tyler and George Minor, be, and are hereby appointed commissioners to open and lay out the said road, and build and erect said bridge. 443. And be it further enacted, That the public ferry, known by the name of Nelson's ferry, be, and the same is hereby vested in Theodore Gourdine, and his heirs and assigns, for the term of fourteen years, and that no person or persons shall be at liberty to build a bridge or establish a ferry within seven miles above or below the said ferry. 444. And be it enacted, That no ferry or bridge shall be established within the distance of four miles from the toll bridge heretofore established by law, and vested in Robert Cannon, his heirs and assigns. See A. A. 1807. 445. And be it further enacted, That the commissioners of TIT. 19. the roads of St. Luke's parish, be, and are hereby authorized Smart's meet ing-house to Cypress na to Charles ton. and directed to cause to be opened and continued, a road A. A. 1798. leading from Smart's meeting-house to Cypress creek; from 2 Faust 206-7. said creek, the nearest and best way, so as to intersect the Road from road leading to the Two-Sisters ferry on Savannah river, at or near Boggy gut. 446. And be it further enacted, That William Anderson, creek. John Frierson, Joshua Koker, Wilson Graham and doctor Road from North-Caroli John Graham, shall be, and they are hereby appointed commissioners for laying out and putting in repair, a road to be. gin on the road leading from North-Carolina to Charleston, at the plantation of James Armstrong on Black river, and to continue on to Salem court-house, from thence to Nelson Graham's mill, in Salem county; and from thence to run in the most direct course, to intersect the road leading from North-Carolina to Georgetown, at doctor John Graham's mill, in Georgetown district; and that the inhabitants shall be liable to be called out, within a distance not exceeding two miles, to cut and put the said road in good repair. And the said road shall, (when so cleared and put in repair,) be subject to the direction of the county court, or commissioners af the roads, in the respective counties or districts where the same shall pass. 447. And be it further enacted, That Elisha Mallard, Adam Road called Snell and Dennis Gilmore, be, and are hereby appointed com- Snell's road, missioners to open and lay out that part of a road called to be laid out. Snell's road, in Orangeburgh district, which extends from the district line to Dean's swamp, and from thence to Legare's ford on Wasmesaw swamp: And that after the commissioners aforesaid shall have opened and laid out the road as aforesaid, the same shall be subject to the jurisdiction and inspection of the commissioners of the roads in the different counties or parishes through which the same shall pass. 448. And be it further enacted, That the road leading from Road from the ferry hereby vested in Alexander Boling Stark, to Gran- Stark's ferry by, from the said ferry to Compty's bridge, from the same to to Faust's Spring-hill, and from the same to Faust's ford, on Broad river, ford. shall be opened, straightened and kept in repair, and are hereby declared to be public roads: And that John Malone, Robert Stark, Jesse Arthur and Benjamin Hext, are hereby appointed commissioners for opening the same; and are fully empowered to call out all the male inhabitants within three miles of the same, to work thereon. 449. And be it further enacted, That the thirtieth clause of Part of a road the act of the general assembly, entitled, " An act for laying in St. Luke's out certain roads and bridges," passed the twenty-first day of parish-act December, in the year of our Lord one thousand seven hun- repealed dred and ninety-two, be, and the same is hereby repealed, so * far as relates to that part of the road lying in St. Luke's parish. There is no such act. The road law of that year is very lengthy. The sections are not numbered; but there is nothing in the whole act to answer the description in this repealing clause. |