TIT. 14. A. A. 1791. 133. Be it enacted, That be, and are hereby appointed commissioners to open and improve the navigation of Great Pedee river, from the North-Carolina line down to the mouth of Black creek, and shall be called and 1 Faust 91-2. known by the name of "the Upper Board of Commissioners Feb. Sess. Great Pedee river. Black creek. Lynch's creek. on Pedee;" and that all the male inhabitants between the are be, and they are hereby appointed commissioners, to open and improve the navigation of Great Pedee river, from the mouth of Black creek down to Euhaney, and shall be called and known by the name of "the Lower Board of Commissioners on Pedee;" and that all the male inhabitants between the ages of sixteen and fifty years, living within six miles of said river, shall be, and they are hereby made liable to work on the same, under the direction of said commissioners, except such persons within six miles as aforesaid, who may live nearer to Black creek, Jeffrie's creek and Lynch's creek, than to said river; which persons so excepted, shall be, and they are hereby made liable to work on said creeks respectively.* 135. And be it further enacted, That hereby appointed commissioners for improving the navigation of Black creek, from the mouth of the said creek as far up as the fork, and that all the male inhabitants living within four miles on each side of the said creek, between the ages of sixteen and fifty years, are hereby made liable to work on the said creek, not more than six days in any one year. 136. Be it further enacted, That be, and they are hereby appointed commissioners to open and improve the navigation of Lynch's creek, from the plantation of captain Charles Evans, down to the Effingham-mills, and shall be called and known by the name of "the Upper Board of Commissioners on Lynch's creek;" and all the male inhabitants between the ages of sixteen and fifty years, living within five miles of said creek, from four miles above captain Charles Evans's down to the mills aforesaid, shall be, and they are hereby made liable to work on said creek, under the direction of said commissioners, for the space of six days in a year, if required, and no more. 137. And be it further enacted, That be, and they are hereby appointed commissioners to open and improve the navigation of Lynch's creek, from the Effinghammills to the mouth thereof, and shall be known by the name of "the Lower Board of Commissioners on Lynch's creek ;" and all the male inhabitants between sixteen and fifty years of age, living within five miles of said creek, and not within six miles of Great Pedee, shall be, and they are hereby made liable to work on said creek, under the direction of said com * See A. A. 1792, amending this act. 1 Faust 283. missioners, for the space of six days in a year, if required, and no more. TIT. 14. be, A. A. 1791. 1 Faust 93. 138. And be it further enacted, That and they are hereby appointed commissioners to open and im- Feb. Sess. prove the navigation of the Wateree river, from the falls near Mr. Chesnut's ferry, down to the confluence of Wateree and Wateree riCongaree, and shall be called and known by the name of "the ver. Wateree Board of Commissioners;" and all the male inhabitants between sixteen and fifty years of age, living within six miles of said river, except such that live nearer to the Congaree than to the Wateree river, shall be, and they are hereby made liable to work on said Wateree river, under the direction of said commissioners, for the space of six days in a year, if required, and no more. 139. And be it further enacted, That be, Congaree ri and they are hereby appointed commissioners to open and im- ver. be, and they are hereby appointed commissioners to open and im- Keowee river. prove the navigation of the river Keowee, from Fort Prince George on said river, to the confluence of Tugaloo and Keo- Tugaloo riwee, and on Tugaloo from Chawgee creek to the confluence ver. of said river and Keowee, and from thence down Savannah Savannah ririver to the old boundary line, and shall be called and known ver. by the name of " the Pendleton county Board of Commissioners;" and that be, and they are hereby appointed commissioners for that part of Savannah river between the old boundary line and the mouth of Long Cane creek, and shall be called "the Abbeville county Board of Commissioners ;" and that be, and they are hereby appointed commissioners for that part of Savannah river between the mouth of Long Cane creek and colonel Hampton's bridge opposite to Augusta, and shall be called "the Edgefield county Board of Commissioners;" and that all male inhabitants between the ages of sixteen and fifty years, living within six miles of the said rivers, shall be obliged to work on the same, not exceeding the space of ten days in one year, and no more; and shall not be compelled to work on any or either of said rivers, out of their respective districts; and the said three last mentioned boards of commissioners shall constitute one board for the purpose of receiving and appropriating all such sums of money as shall be subscribed or given for the improvement of the navigation of the said three rivers, and all monies so received shall be applied at the discretion of a majority of the said board, but in all other cases they shall be considered as separate boards. TIT. 14. A. A. 1791. prove be, and they are hereby appointed commissioners to open and improve the navigation of Catfish creek, and shall be called and known by the name of "the Board of Commissioners for Cat1 Faust 95-6. fish creek;" and that all the male inhabitants between the Catfish creek. ages of sixteen and fifty years, residing within three miles of the said creek, from the mouth of the said creek up to the causeway near Thomas Godbolt's plantation, shall be, and they are hereby made liable to work on the said creek, under the direction of the said commissioners: Provided, That no person be made liable to work thereon more than six days in one year. Black river. commission ers to levy fines. be, 142. And be it further enacted, That and they are hereby appointed commissioners to open and improve the navigation of Black river, from Benbow's ferry down to North's ferry on said river, and shall be called and known by the name of "the Black river Board of Commissioners;" and all the male inhabitants between the ages of sixteen and fifty years, living within three miles of said river, shall, and they are hereby made liable to work on the same, under the direction of said commissioners, six days in a year, if required, and no more. Powers given 143. Be it enacted, That the said respective boards of comto the respec- missioners shall have full power and authority, when they shall tive boards of think necessary, to summon all the said male inhabitants, giving two days previous notice, to work on said rivers or creeks, in their respective districts; and if any person or persons shall refuse or neglect to go, or send their male slaves, when summoned by the commissioners aforesaid, or by any person by them appointed for that purpose, every such person shall forfeit and pay a sum not exceeding two dollars per day, at the discretion of the commissioners, for himself, and one dollar per day for every male slave so neglected or refused to be sent, to be recovered by immediate warrant of distress, under the hands of any three or more of the commissioners, against any of the goods and chattels of the defaulters, which, after ten days public notice, shall be sold for the purpose of paying the fine aforesaid, and charges accruing thereon, and the overplus, if any, returned to such defaulter; and all fines so Appropriation recovered, shall be by the commissioners appropriated to the improvement of the navigation of the respective rivers or creeks where the defaulter is made liable to work. of fines. to smaller ones. Districts may 144. And be it further enacted, That the several and respecbe divided in- tive boards of commissioners herein before appointed, shall have full power and authority to divide their respective districts into smaller ones, and direct what hands shall work Overseers to therein. They shall also appoint overseers of said small disbe appointed. tricts, and the overseers so appointed, are hereby empowered moderately to correct all such male slaves as shall refuse or neglect to do his work; and if any white person shall refuse or neglect to do his work, when present, the overseer shall • Extended to six miles by A. A. 1792, 1 Faust 264. TIT. 14. return his name to the commissioners, who shall fine him, for the first offence a sum not exceeding two dollars, and for the second offence a sum not exceeding ten dollars, at the discre- A. A. 1791. tion of the commissioners, to be recovered and appropriated 1 Faust 96–8. as other fines herein before mentioned. 145. And if any of the overseers to be appointed by virtue Penalty for reof this act, shall refuse or neglect to serve and do his duty fusing to serve agreeable to law and the direction of the commissioners, he as overseers. shall forfeit and pay a sum not exceeding ten pounds, at the discretion of the commissioners, to be recovered and appropriated as herein before mentioned: Provided, That no person shall be compelled to serve as an overseer more than one year in any term of three years 146. Be it further enacted, That the several and respective Commissionboards of commissioners herein before appointed, shall be, and ers may take they are hereby fully authorized and empowered to take and boats, &c, make use of any boats, flats or canoes, within their respective districts, for the purpose of improving the navigation of their respective rivers or creeks, (except such as are kept for the use of any public ferry,) and shall return the same to the place where taken from, or to the landings of the proper owners: Provided, That no boat, flat or canoe, shall be detained from the owner more than ten days in any one year. ed to make use of timber, &c. 147. And be it further enacted, That the several and respecCommission, tive boards of commissioners, according to their several divi- ers empowersions, shall have full power and authority to cut down and make use of any timber, wood, earth or stone, in or near their respective rivers or creeks, for the purpose of improving the navigation of the same, as to them shall seem necessary. And Penalty for inif any person or persons shall stop up or in any wise injure or juring navigaimpede the navigation of said rivers or creeks, by falling of tion. trees, rolling of logs, rocks, &c. into them, such person or persons so offending, shall forfeit and pay a sum not exceeding five pounds for every such offence, at the discretion of the commissioners, and shall also be compelled to remove all such obstructions by him or them occasioned. 148. And be it further enacted, That if any vacancy shall Vacancy, how happen in any of the boards of commissioners herein before supplied. appointed, the remaining commissioners of the board having such vacancy, or a majority of them, at their next meeting, shall choose some fit person to fill up such vacancy; and the person so chosen, is hereby declared to be a commissioner, and vested with all the powers and authorities by this act given to any of the commissioners herein before named. 149. And be it further enacted, That the several and respec- Commission tive boards of commissioners herein before appointed, and their ers empower successors, or a majority of them respectively, shall have full ed to receive power and authority to receive all subscriptions and donations donations. that may be given for the improvement of the navigation of their respective rivers or creeks, and shall appropriate all such monies to that purpose; and said boards respectively, are hereby fully authorized and empowered to sue for and recover all such monies as shall at any time be subscribed, and all forfei VOL. III. M m TIT. 14. A. A. 1791. 1 Faust 100. If sued, may give this act in evidence. A. A. 1792. 1 Faust Black river. Inhabitants work thereon. tures, before any justice of the peace or court having jurisdiction of the same. 150. And be it further enacted, That if any person or persons whatsoever, shall be sued, prosecuted or molested, for any matter or thing done by virtue of this act, such person or persons may plead the general issue, and give this act and the special matter in evidence, and in case the plaintiff or plaintiffs shall suffer a discontinuance, or verdict or judgment shall pass against him or them, the defendant or defendants shall be allowed his or their double costs of suit. 151. And whereas also, an act of the legislature, passed the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninety-one, and entitled, "An act for opening and improving the navigation of Great Pedee,. Wateree, Congaree, Broad river, Savannah, Keowee, Tugaloo, Black river, and others," so far as it respects the limits for working upon Black river, does not appear sufficiently extensive: 152. Be it therefore enacted, That all persons residing withmade liable to in six miles of the said river, shall be liable to work upon the same, in the manner and under the fines and penalties mentioned in the said act. And also, that Robert M'Connell and John M'Clarey, esquires, be added to the present number of commissioners for opening and improving the navigation of the 1 Faust 283. Inhabitants who live near certain creeks to improve their naviga tion. Jeffrey's creek. A. A. 1794. 1 Faust 385. said river. 153. And be it enacted, That the inhabitants who live nearer Lynch's, Jeffrey's and Black creeks, than Pedee river, are hereby made liable to work on and improve the navigation of said creeks respectively, agreeable to an act of the general assembly, passed the nineteenth day of February, in the year of our Lord one thousand seven hundred and ninetyone, for the improvement of the navigation of said creeks,† and that John Porter and Abel Goodwin, be, and are hereby appointed commissioners for improving the navigation of Jeffrey's creek. 154. And be it further enacted, That all the male inhabitants residing within two miles of Jeffrey's creek, liable to do public work, do, and they are hereby made liable to improve the navigation of said creek, from its confluence with Pedee as far up said creek as the Cheraw district line. 155. Be it enacted, That the branch of Ashepoo river, which is called the Horse-Shoe creek, shall be well cleared out, and all obstructions therein shall be removed, and the same shall always be kept clear, and that a drain or canal from the head of the said creek, up the swamp called the Round O swamp, opened, and a to the junction of the two branches of the said swamp, at the plantation called Gilkicker's, shall be cut, sunk and made, in the manner and by the persons herein after appointed for that purpose. canal sunk. * See 1 Faust 91. 96. † 1 Faust 91, 92. |