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so give; any law, custom or usage to the contrary thereof, in any wise notwithstanding.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

A. D. 1811.

AN ACT TO PREVENT OBSTRUCTIONS TO THE FREE PASSAGE OF FISH UP No. 1993. THE RIVER KEOWEE AND ITS WATERS.

WHEREAS, sundry inhabitants of Pendleton district have by their petition to the Legislature prayed that obstructions to the free passage of fish up the river Keowee and its waters, be removed and prevented :

Preamble.

1. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the au- Obstructions in thority of the same, That any person or persons who now have, or hereaf- Keowee river ter may erect, any fish dam or fish dams, mill dam or mill dams, obstruction forbidden. or obstructions, any flutter wheel or flutter wheels, or any contrivance, artifice or machinery, in the said river Keowee, which is intended or has a tendency to prevent the free passage of fish up the said river, shall forfeit and pay, to any person who shall inform and sue for the same before any justice of the peace, the sum of ten dollars for every six hours during which such obstruction, flutter wheel, dam, contrivance, artifice or machinery shall so continue. Provided nevertheless, that if the boat sluice through the shoals of said river, and thirty feet on each side of the dam making the said sluice, or where the boat sluice shall run near either bank of said river, then, and in that case, if sixty feet from the side of the dam making the said sluice which is farthest from the bank, shall be kept open and free from any of the aforesaid obstructions and contrivances, nothing herein contained shall be so construed as to prevent the erection of fish dams or mill dams on each side of said river, so as not to contravene the object and intentions of the aforesaid provisions.

II. And be it further enacted by the authority aforesaid, That any person

who hath, or may hereafter erect, any fish dam, hedge or other obstruction, Certain other across the creeks called Deep Creek or Conerass, or the rivers Twelve streams. Mile or Little River, as far up each of the aforesaid streams as the first mill now erected, shall, by the first day of March next, provide a good and sufficient opening, at least ten feet wide, for the free passage of fish up the said rivers and creeks; and upon neglect thereof shall forfeit, and pay to any person who shall inform and sue for the same before any justice of the peace, the sum of ten dollars for every twenty-four hours during which such obstruction shall continue after the time aforesaid.

III. And be it further enacted by the authority aforesaid, That the aforesaid obstruction or obstructions, flutter wheel or flutter wheels, contrivance, Obstructions declared artifice or machinery, which are or may hereafter be made to prevent the nuisances. free passage of fish up the river Keowee and its waters, shall be considered nuisances, and may be abated as such by any person or personsw homsoAnd this Act shall be deemed and taken to be a public Act, and

ever.

A. D. 1811. judicially taken notice of as such, without being specially pleaded, and liberally construed to effect the purposes aforesaid.

In the Senate House, the twenty-first day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

No. 1994.

AN ACT to establish certain Roads, Bridges and Ferries; and for certain purposes therein mentioned.

(Passed December 21, 1811. See last volume.)

No. 1995. AN ACT to incorporate the Pendleton Circulating Library Society, the Sumpterville Library Society, and the other Societies therein mentioned.

(Passed December 21, 1811. See last volume.)

No. 1996. AN ACT discontinuing the public road leading over the Causeway at and passing through Willtown; and establishing as a public road the road leading by Old Black Mingo Ferry; and for reviving an Ordinance, passed in the year one thousand seven hundred and ninety, for laying open the navigation of Black Mingo Creek.

(Passed December 21, 1811. See last volume.)

No. 1997. AN ACT TO

Preamble.

AUTHORIZE AND EMPOWER THE TRUSTEES OF THE WADSWORTHVILLE POOR SCHOOL, IN LAURENS DISTRICT, TO ALIEN AND SELL

CERTAIN LANDS THEREIN MENTIONED.

WHEREAS, William Burnside, Zachariah Bailey, James M'Mahan, James Young and William Laur, trustees of the Wadsworthville Poor School, in the district of Laurens, have petitioned the legislature to authorize them to sell, alien and dispose of such lands as cannot be rented or leased, and which was left by the last will and testament of Thomas Wadsworth, deceased, for the support of a poor school in the said district. And whereas, Henry W. Desaussure having been appointed by the will

of the late Thomas Wadsworth, deceased, a trustee, to give effect and A. D. 1811. operation to his will for the establishment of a free school, is willing and

has agreed that such lands, which cannot be leased or rented, may be sold;

in order to carry the intentions of the said testator into effect,

land.

I. Be it therefore enacted, by the honorable the Senate and House of Representatives, now met and sitting in General Assembly, and by the Trustees emauthority of the same, That the trustees of the Wadsworthville Poor powered to sell School, in the district of Laurens, and their successors in office, be, and they are hereby, authorized and empowered to sell and convey, in fee simple, to any person or persons who shall purchase the same, all or any part of the lands left by the last will and testament of Thomas Wadsworth, deceased, for the support of a poor school in Laurens district, which cannot be leased or rented Provided, that the proceeds arising from the sale of such lands shall be applied by the said trustees to the support of the said poor school, in such way and manner as shall be best calculated to carry into effect the intentions of the said testator.

In the Senate House, the twenty first day of December, in the year of our Lord one thou sand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

AN ACT TO AUTHORIZE THE INTENDANT AND WARDENS OF THE TOWN No. 1998.
OF BEAUFORT TO LAY OUT STREETS ON BLACK'S POINT, IN THE
TOWN OF BEAUFORT; AND FOR OTHER PURPOSES THEREIN MENTioned.

laid off on

I. 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 intendant and wardens of the town of Beaufort be, and Streets to be they are hereby, authorized to lay out, or cause to be laid out, such and so Black's point. many streets on Black's point, lately incorporated with the said town, as they, or a majority of them, may deem proper.

II. And be it further enacted by the authority aforesaid, That the damage sustained by any proprietor of a lot or lots through which any of the said Mode of assesstreets may be so laid out, shall be ascertained in the following manner: sing damages. two commissioners shall in each case be appointed by the said intendant and wardens, and two by the proprietor of any lot or lots through which any of the said streets may be run; and in case any such proprietor shall refuse to appoint such commissioners on his or her part, the said intendant and wardens may appoint two for him or her; and the said four commissioners shall appoint a fifth commissioner; and the said five commissioners, or a majority of them, shall appraise on oath the damage sustained by such proprietor or proprietors; which said appraisement shall be returned, under their hands and seals, to the intendant and wardens aforesaid; and all streets laid out as aforesaid upon Black's point, shall, upon the payment of the sums of money assessed by the commissioners aforesaid, to all the proprietors of said lots, agreeably to the said assessments or appraisements, be possessed by and vested in the intendant and wardens of Beaufort, and their successors in office, forever.

VOL. V.-82.

A. D. 1811.

wardens to

collect the tax on Black's

point.

III. And be it further enacted by the authority aforesaid, That the intendant and wardens of Beaufort shall be authorized to name the said streets so laid out; and the said streets shall forever continue to be kept open as public highways.

IV. And be it further enacted by the authority aforesaid, That the intenIntendant and dant and wardens of Beaufort shall be, and they are hereby, authorized and empowered to assess a tax, and collect the same, upon all the lots upon Black's point, proportionably to a valuation of all the said lots to be made by the clerk of the town council of Beaufort upon oath, and returned under his hand and seal to the town council, sufficient to defray one half of the damages assessed by the aforesaid commissioners on all the aforesaid lots; and in case the said taxes are not paid within one month after such taxes are imposed by the said intendants and wardens, then, the sheriff of the town of Beaufort shall issue executions against all defaulters, after having given thirty days public notice thereof, and shall proceed to levy the same, and sell the property of the defaulters so levied upon, on giving thirty days public notice, subsequent to the said levy, of the said sale. Provided nevertheless, that any land holder or land holders, on said Black's point, who may consider him, her or themselves aggrieved by any act of the town council herein specified, shall have no claim on the State for any loss which he, she or they may sustain therefrom.

Repealing clause.

V. And be it further enacted by the authority aforesaid, That all Acts or parts of Acts contrary to this Act, be, and the same are hereby, repealed.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and eleven, and thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

No. 1999. AN ACT TO AUTHORIZE CERTAIN PERSONS, THEREIN

CHANGE THEIR PRESENT NAMES.

MENTIONED, TO

WHEREAS, John Duncan, Ann Duncan, (formerly Ann Tweed,) and Preamble. Alexander Joshua Henry Tweed, (the son of the said Ann Duncan,) have petitioned the legislature to change the present surname of the said Alexander Joshua Henry Tweed to that of Duncan :

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I. Be it therefore 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 said Alexander Joshua Henry Tweed be, and is hereby, authorized and empowered to change his present surname to that of Duncan; and that he and his future issue shall hereafter be known and distinguished in law, and in all transactions in law where he or they may be bound or obliged, or wherein any person or persons may be bound or obliged to him or them, by no other surname than that of Duncan. Provided always, and it is hereby further enacted and declared by the authority aforesaid, That the said alteration of the surname of Tweed to the surname of Duncan, shall not in any sort destroy, prevent, or prejudice any right or title to the said Alexander Joshua Henry Tweed, or his future issue, or any of them, accrued or to accrue, either real or personal, by any

purchase, limitation, devise, gift or bequest, by the name of Tweed, in any wise howsoever; but that he and they, and every of them, shall and may have and take all such benefit and advantage by such descent, purchase, limitation, divise, gift or bequest, as he or they or any of them might have done if this Act had not been made; any thing in this Act contained to the contrary thereof, in any wise notwithstanding.

A. D. 1811.

William

II. And whereas, Augustin Williams has petitioned the legislature to change his present name to that of William Augustan; Be it therefore Augustin Wilenacted by the authority aforesaid, That the said Augustin Williams be, liams to take and he is hereby, authorized to change his present name to that of William the name of Augustan; and that he shall hereafter be known and distinguished, both in Augustan. law and equity, and in all transactions in law wherein he may be bound and obliged, or wherein any person or persons may be bound or obliged to him, by no other name than that of William Augustan.

III. And whereas, William Owens hath petitioned the legislature to change his present name to that of William Mellard; Be it therefore en- William Owacted by the authority aforesaid, That the said William Owens be, and he ens to take the is hereby, authorized to change his present name to that of William Mel-name of Willard; and that he shall hereafter be known and distinguished in law and liam Mellard. equity, and in all transactions of law wherein he may be bound or obliged, or wherein any person or persons may be bound or obliged to him, by no other name than that of William Mellard.

In the Senate House, the twentieth day of December, in the year of our Lord one thousand eight hundred and eleven, and in the thirty-sixth year of the Independence of the United States of America.

SAMUEL WARREN, President of the Senate.

JOHN GEDDES, Speaker of the House of Representatives.

AN ACT TO ALTER THE TIME OF THE STATED MEETING OF THE BOARD No. 2000. OF TRUSTEES OF THE SOUTH CAROLINA COLLEGE; AND FOR OTHER

PURPOSES THEREIN MENTIONED.

1. Be it enacted, by the honorable the Senate and House of Represen- Time of holdtatives, now met and sitting in General Assembly, and by the authority ing the meeting of the same, That in future the stated meeting of the board of trustees of of the board of the South Carolina College shall be held and meet on the Wednesday Carolina colnext after the fourth Monday in November in each year, instead of the lege. time heretofore established by law for the stated meeting of the said board.

II. And be it further enacted by the authority aforesaid, That no vacancy in the officers of the college shall be filled, unless at the stated meeting of the board of trustees. Provided nevertheless, that such vacancy may be filled at any occasional meeting until the stated meeting of the board of trustees, and no longer.

trustees of S.

Vacancies.

III. And be it further enacted by the authority aforesaid, That from and after the passing of this Act, the Faculty shall be, and they are hereby, re- Suspension of quired to report the whole of their proceedings against any student who students. shall be suspended, together with the cause of such suspension, to the board of trustees at their next stated meeting after such suspension; and the said board of trustees are hereby authorized and empowered, upon a

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