TIT. 14. agree with proper per ral and respective districts, shall have power, and they are hereby empowered, to contract or agree with any person or persons who will undertake to cut, cleanse, clear, or make A. A. 1742. navigable, the cuts, creeks, or water passages aforesaid re- P. L. 183-4. spectively. And that the sums they shall contract or agree on the inhabimay by a tax to pay for, and other charges of, and attending the work, shall tants in their be raised by a tax or assessment, to be by them made, on the respective several persons made liable to contribute towards doing the districts, work; and shall and may levy the several sums of money so raise sums to be imposed and assessed (in case of refusal of payment) by sufficient, and warrant of distress, under their hands and seals, or under the hands and seals of the majority of them, and sale of the de- sons for doing faulter's goods, returning the overplus (as usual in such cases.) the work. 19. And it shall and may be lawful to and for the said com- Duty of commissioners, or the major part of them, within their several missioners: and respective districts, to cause such creeks, cut-offs, and water passages to be cut, of such depth as to make the same of a level with the rivers at low-water mark on spring tides: the several laws already made and now in force in this province, for cutting, cleansing, clearing, and making navigable the several creeks, cut-offs and water passages, or any other act or acts of the general assembly of this province, to the contrary notwithstanding. [See A. A. 1751.] 20. And whereas the commissioners appointed by law for New New çut. cut, or the majority of them, may find it necessary to cut and open a creek through the firm marsh, on a straight line, and not to cleanse the present common creek. And that the commissioners of said New cut, and Watt's cut, may the better know who are liable to work on, or be assessed for said cuts: Be it therefore enacted, That the commissioners for New cut, or the majority of them, shall and may, and they are hereby empowered, at their discretion, to cut and open a creek through the firm marsh, on a straight line, or to cleanse and keep open the common present creek. 21. And that the cuts and creeks in this province, may be Persons liable cut, cleansed, and kept open at the just and equal expense of to do the neall and every the persons concerned, and that no person or cessary work, persons may escape or evade paying his or their proportionable part: Be it therefore enacted, That all the inhabitants of the several districts and divisions appointed to cut, cleanse, and keep open any creek or water passage, shall within thirty days after public notice given, by two or more advertisements, signed by the commissioners respectively, or the majority of them, the same being fixed up at the most notable and public places in each district, and inserted in the gazette (if any gazette shall be published) render an account in writing, upon oath, to the said commissioners, or any of them, for the district where he, she or they do reside, of the number of all their males, whites as well as slaves, from sixteen to sixty years of age, within the said district. And in case he, she or they do refuse or neglect so to do, each person so offending shall forfeit treble the sum such person was assessed in the last preceding year's provincial tax, within the said district or division, according to the best information or intelligence TIT. 14. A. A. 1742. thereof that the said commissioners shall be able to obtain The same to be recovered by warrant of distress, on the goods and chattels of the offenders, under hand and seal of P. L. 184-5. the majority of the several and respective commissioners, to be directed to the constable; and to be applied to the use of the creek in that district, to which he or she belongs. Watt's cut. Horse Shoe creek, in the parish of St. ** 22. And be it further enacted, That the commissioners appointed, or to be appointed, for cutting, cleansing, or making navigable the water passage commonly called Watt's cut, or the major part of them, shall be, and they are hereby authorized, empowered and required, (at the expense and labour of the several inhabitants and persons that are liable to cut, cleanse or make navigable Watt's cut †) to cut and make navigable a water passage through the neck of marsh about two miles distance from Pon-pon river, joining on Seabrook's island, in the great creek leading from Bennet's point into Pon-pon river, of the same width and depth with Watt's cut, and to cleanse and keep open and navigable the same, from time time to after the same is made. And the said commissioners, or the major part of them, shall have all the same powers and authorities, and be subject to the same penalties, restrictions and limitations, for carrying this clause of this act into execution, as the said commissioners have, for cutting, cleansing, and making navigable Watt's cut, to all intents and purposes whatsoever. 23. And whereas many of the plantations and settlements lying in the southern parts of this province, on Elliott's savannah, and the Horse Shoe savannah, in the parish of St. Bartholomew, in Colleton county aforesaid, labour under Bartholomew. great inconveniencies for want of proper water passages which would in great measure be remedied, if the easternmost branch of Ashepoo river, commonly called the Horse Shoe creek, was made navigable, unto the bridge over the said creek, commonly called the Horse Shoe bridge: Be it therefore enacted, That and the survivors and survivor of them, are hereby nominated, constituted and appointed commissioners, for clearing, cleansing, and making navigable (for boats and pettiaugers which do not draw upwards of five feet water when loaded) the said Horse Shoe creek, from the plantation of Reginald Jackson, otherwise called Original Jackson, on the said creek, inclusive, upwards to the said Horse Shoe bridge, and from time to time to keep the same open and navigable. And the said commissioners, or a majority of them, are hereby authorized and empowered, to do and perform the same at the equal expense, or labour of all the male inhabitants, from the age of sixteen years to the age of sixty years, living and residing on the lands bounding on, or lying adjacent to the said Horse Shoe creek, from the said plantation of the said Jackson, inclusive, upwards; and also of all the inhabitants as aforesaid, who live northerly on Elliott's savannah, and of those who live on the Horse Shoe * See A. A. 1751. † See A. A. 1754. TIT. 14. neck, and so on to Peacom's point, and of all such other person and persons who shall make use of any landing on the said Horse Shoe creek, within the space or distance it shall A. A. 1742. be so made navigable, according to the directions of this act. P. L. 184-5, And the said commissioners, or a majority of them, are hereby authorized and empowered, if they shall judge it for the ease or conveniency of the said persons, who are subject and liable to the clearing and cleansing and making navigable the said creek as aforesaid, to agree with any person or persons for doing the same, and to levy the expense thereof, by an equal rate or assessment on the said inhabitants. 24. But whereas the plantations or settlements of Edward North, John Mackey, John Bagbey, and James Martin, and of the said Original Jackson, within the districts aforesaid, will not receive equal advantage with the other plantations and settlements; for the use and advantage whereof, the clearing, cleansing and making navigable the said Horse Shoe creek is intended as aforesaid: Be it therefore enacted, That the said plantations or settlements of Edward North, John Mackey, James Martin, and Original Jackson, and the male inhabitants thereon from the age of sixteen years to the age of sixty years, shall be only obliged to work or labour, or to be assessed towards the making the said creek navigable as aforesaid, at the proportion of one fourth part of the labour or charge of the other plantations, settlements or persons, herein before subjected to the clearing, cleansing, and making navigable the said Horse Shoe creek as aforesaid, proportionably, according the number of their male inhabitants as aforesaid, any thing herein before to the contrary, in any wise notwithstanding. Provided, That all those persons and plantations lying and being on the said Horse Shoe creek, from the mouth thereof so far up the same as a boat or pettiauger drawing five feet when loaded can pass, shall be, and they are hereby freed and exempted from all labour and expense in clearing, and making navigable the said Horse Shoe creek, any thing herein before to the contrary contained in any wise notwithstanding. 25. And whereas disputes have arisen concerning the boun- A. A. 1750. daries of the district liable to work on the cut commonly cal- P. L. 221. led Newtown cut; Be it therefore enacted, That the commis sioners for the cleansing and enlarging that passage common- Newtown cut. ly called Newtown cut, shall have power, and they are hereby fully authorized and empowered, to oblige all the male persons from the age of sixteen to sixty years, living and residing on James' island, and also all the male persons living on the southernmost end of John's island (excepting those living on the south side of Bohicket creek) from the house of captain John Raven inclusive, to the plantation late belonging to captain John Ladson, deceased, lying near Bohicket creek, inclusive; and from the said plantation late of the said John Ladson, to the plantation of Mr. Samuel Jones on the head of Keyawak river, and the island of the said Samuel Jones inclusive; and likewise the inhabitants on Keyawak island, and the Inhabitants on Cole's island on the north-east side of Stono ri TIT. 14. A. A. 1751. Watt's cut. Wappoo creek. A. A. 1753. [See A. A. 1738. P. L. 159. and A. 1784. P. L. 356.1 A. ver: which is hereby declared to be the boundaries of the shall be, and they are hereby appointed, commissioners for cutting, clearing and cleansing Wappoo creek: And that all the male inhabitants from the age of sixteen to sixty years, making use of any landing, on the north side of Stono river lying above the said creek, leading into the said river; as also all such male persons residing on John's island; as also all such male persons making use of any landing on the north-west side of Wappoo creek, except those who are by law excepted, shall work on the said creek; any former law, usage or custom to the contrary thereof in any wise notwithstanding. 27. This act shall be deemed a public act, and as such shall be given in evidence before all courts in this province without pleading the same. 28. Whereas several of the inhabitants in and about the township of Williamsburgh, by their humble petition to the Black river. general assembly, have set forth, that the petitioners had, for several years, suffered considerable loss in the water carriage of their goods to market, down Black river, by reason of the great quantities of wood fallen in the same, which renders the navigation not only dangerous but oftentimes impracticable, whereby the petitioners were frequently prevented from carrying their produce to market at proper seasons, to their great disadvantage; and praying that a law may be passed to remedy the same: Therefore be it enacted, That all and every the male inhabitants, from the age of sixteen to sixty years, living and residing within six miles of Black river, on either side from ten miles above the plantation of Henry Spry, on the head of the said river, in the township of Williamsburgh, down to the tide-way as far as the place commonly called the Narrows inclusive, shall be obliged and they and every of them, are hereby enjoined and required to work and assist in clearing the said Black river, from the trees fallen and lodged therein, and making the same navigable, when and as often as they shall be thereunto summoned by the commission TIT. 14. ers herein after nominated and appointed, under the like fines and forfeitures as are imposed by any act or acts of the general assembly of this province, on the inhabitants of this A. A. 1753. province, for refusing or neglecting to work in the clearing, P. L. 228. cleansing and cutting of creeks or water passages, and to be recovered and applied in the same manner as directed and appointed by the said acts. 29. Provided, That the several persons who are hereby made liable to assist in making the said Black river navigable, shall be summoned to work on such part of the said river, as shall be nearest and most convenient to their respective habitations or plantations. 30. And be it further enacted, That in case the said commissioners, or any other person or persons, shall be sued or prosecuted for any thing to be done in pursuance of the directions of this act, the said commissioners or other persons, may plead the general issue, and give this act and the special matter in evidence. Hawl-over 31. Be it enacted, That or any three of them, be, A. A. 1754. and they are hereby appointed commissioners, for cutting, P. L. 237. cleansing, and keeping in repair, the cut or creek commonly creek, on called the Hawl-over, by a plantation heretofore belonging to John's island. Samuel Jones, deceased, on John's island, and that all the inhabitants making use of the said cut or creek to come to Charlestown, residing on and near Bohicket creek, as also all the inhabitants on the south-east side of Edisto island, that frequently used to come through the said creek to Charlestown, living and residing from the plantation of Mrs. Mary Russel to the plantation of Mr. William Adams, and from Mr. William Adams to the Broad road, to a place called the Public Dams, and from the Public Dams, (the road to be the dividing line,) to the Anabaptist meeting-house, from the said meeting-house to the plantation of Mr. William Jenkins, where his son John Jenkins now lives, and from the plantation of William Jenkins, to the plantation of Mr. David Hext, all inclusive, shall personally work in cutting, cleansing, and keeping the said creek in repair, any thing in the first above recited act contained to the contrary thereof in any wise notwithstanding. 32. And all the male inhabitants residing on the remaining part of Edisto island, on Jehossey island, Fenwicke's island, Chapman's island, Adams' island, and on the plantation of Colonel Gibbs, called Bennet's point, from the age of sixteen to sixty years, be and they are hereby enjoined and required Watt's cut. to work on cutting, cleansing and keeping in repair the cut commonly called Watt's cut. 33. And be it further enacted, That in case of the death, How other departure from this province, or refusal to act, of any of the commissioncommissioners by this act appointed, the remaining commis- ers are to be sioners, or a majority of them, shall and have power, hereby appointed.? to appoint a commissioner or commissioners, in the room of him or them so dying, departing this province, or refusing to act; which commissioners so appointed shall have, and exercise all the powers given to the commissioners by this act appointed. |