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Full text of "The statutes at large of South Carolina"

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COLEMAN ITARESH EAW lIBRXRt 




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A. D. 1703. No. 



D.1705. 



Jl.D. 1707. 



D. 1709. 



A. D. 1711. 



A. D. 1712. 



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214. A continuing and additional Act to An additional Aclior makirg and men- 
ding high\*ays 1 

218. All Act for the ^cmtting and making a path out from tiie road on the north 
side Qf Ashley river, to the town of Wilton in Colleton county j 
afid'appointing ferries in the .said road 2 

843. An Act ftfr'thc makeing and mending of roads and highways, and for the 

making a bridge over Ecbdw creek in Craven country , 3 

246. An additional Act foi^lhe making of highways, and for appointing a ferry 

i^^j^^^^^KS^^'Ovcr the w.^ern branch of (-ooper river ; and for continuing the 
/^ ActToi'^kifring beasts ofPrey ^ "...6 

2C8. An additionTil (i'Pct to a continuing and additional Act to An additional Act 
for 'rtiaking and amending highways, and for tie impowering the 
Governor fqr the time being, to appoint commissioners in the rooms 
of such as' are dead or gone off, or may die or go off; and to ascer- 
tain the Watch in Charlestown 8 

273. An additional Act to an Act entitled " An Act for the making and mending 
of roads and highways; and for the making a bridge over Echaw 

« creek in Caven county." 11 

287. An additional Act to " An Act for making and mending highways and paths, 

and for cutting of creeks and water courses." 13 

304. An Act for continuing the high-road from south Edisto river, to the Islands 
of Port Royal and Saint Helena, and appointing bridges and ferries 

in the said road i;, 14 

An additional Act to an additional Act to an Act entitled an Act for' the 

cutting and making a path out from the road on the north-side of 

Ashley river to the town of Wilton,' in Colleton county, and appoin- 

/ ting ferries on the said road ; and to repeal three clauses or para- 

(^ graphs in the said additional Act .' 17 

3^. An Act for the appointing a ferry over the eastern branch of the T of 
"V* Cooper River, and for the making of causways, landings and 

bridges, for the better conveniency of said ferry 21 

316. An Act for building and erecting a bridge and causeway over the river 
at the landing of Mr. William Stanyarne; and one other bridge and 
causway, from the landing of Mr. 'I'hos. Scabrook, to the land of 

Madame Eli/.abeth Blake, over Wadmalaw river 24 

An additional Act to the several Acts for making and repairing of highways.. 26 



n 



TABLE OF CONTENTS. 

A, D. 1713. No- 336, An additional Act to nn Act entitled "An Act for building and erecting a 
bridge and causeway over the river at the landing of Mr. William 
Stanyarne; and one other bridge or causway, from the landing of 
Mr. Thomas Seabrook, to the land of Madame Elizabeth Blake, 
over Wadmalaw river." 29 

A. U. 1714. 343 An Art for continuing the road to Edisto island, and making a bridge over 

Dawhoe creek, and finishing the road to Port Royal, and making a 

bridge over South Edisto river 32 

346. An Act for makinga high-road out of Ashley river road, to the plantation of 

Thomas Osgood, near Pon Pon river 36 

A. D. 1715. Aji Act for mending and keeping in repair the causeway over thu marsh of 

Combee river, in Colleton county i' •. 37 

A. I). 1717. 373_ ^„ additional Act to an Act entitled "An additional Act to the several . ' 

Ads for making and repairing nf highways," ratified tlie seventh of 

June, one thousand seven hundred and twelve 38 

376. An Act for repairing the road from the plantation of the late Daniel Huger, 
deceased, in the parish of St. James Santee, to the plantation of 
Captain Bartholomew Gailiard; and for making a road from the said 
BartholomjBW Gaillard's plantation, to the plantation of Mr. Francis 
Williams; and also, for building a bridge over Echaw creek, and 

other bridges over small creeks lying in the said roads 39 

378. An .Act for making a road from Mr. Richard Woodward's plantation, on 
James island, to the plantation of Mr. Richard Godfrey; and build- 
ing a bridge over Wappoo creek 41 

A D. 1719. 391. An Act for building a bridge over the Western branch of Cooper river, at 

or near Childsbury town, alias the Strawberry 43 

^11. An Act for the making ofa road or highway from Johnson's Fort, on James's 
island, to the west end of the causeway leading to Wappoo bridge, 
and from the said causway into the high-road leading from the plan- 
tation of Mr. Wm. Gibbes, to the church of .St. Andrew, on the 
south-side of Ashley river; and for explaining the first clause ol an 
Act of Assembly of t.his settlement, ratified the tentji day of Novem- 
ber, 1711, relating to the cutting and raaking^^Bfei out from the ,.^ 
road on the north-side of 'Ashley river, to the towiTO^Wilton, in Col- ♦ "^ 

leton county .' 46' 

412. An Act for continuing the road on the south-side of Ashley river, from the •'.■ «» 
creek commonly called Jacob's or Wait's creek, to Westo Savana, i '"^ 
inclusive. 49>», 

A. D. 1721. 442. An Actio empower the several Commissioners of the highroads, private ' ^ ^ 

paths, bridges, creeks, causeys, and cleansing of water passages, in 'tW3^' 

this Province of South Carolina, to alter and lay out the same, for 'gf ^9 *< 
the more direct and better conveniency of the inhabitants thereof. . . .49 ' * 

A. D. 1722. 462. An Act to confirm and establish two bridges now standing over the head of V? •.*5' 

Ashley river; and for building another bridge from the south-side • .. ,,*' 

of the said river to Dorchester town 57 ''^^ 

463. An Act for building bridges in the Parish of Santee 59 

A. D. 1725. 500. An Act for establishing a ferry from the plantation of James Wrixam, de- 

ceased, in Colleton county, across Pon Pon river; and for appointing 
a Scout at Pon Pon; and for exempting the inhabitants of Wassum- 
saw from working on a road from William Smith's plantation to the 

Chappel at Goose Creek 60 

An Act for vesting the sole right of holding and keeping a ferry over Black 
riyer, in Prince George's Parish, in Alexander Montgomery, his heirs 

and assigns, for ten years 62 

An Act for removing the ferry now at James Wrixham's plantation, and estab- 
lishing the same at Mr. John Jackson's plantation, across Pon Pon 
river 64 

A. D. 172G. 515. An Act for makinga new road between the north and middle branch of 

Stono river 65 



A. b. 1726. 


No. 522. 




521. 


A. D. 1731. 


541. 


A. D. 1733. 


546. 



TABLE OF CONTENTS. * iii 

An Act to empower commissioiier.s to lay out and keep in repair a road 

from Westo Savannah into Pon Pon road 67 

An Act for establishing a ferry from the landing of Mr. John Godfrey, across 

Pon Pon river 68 

An Act for establishing five ferries ; one over Winyaw river, two Over San- 

ice river, one over Sampit creek, and one over Cooper river 60 

An Act for laying out a public road from the ferry at Mr. John Parker's 
plantation, on the west side of Pon Pon river, in the parish of Saint 

Bartholomew, to the Round O Savannah 73 

552. An Act for laying out a public road from Peter Lieubrey's ferry, opposite to 
Jonathan Skeine's landing, to Mr. Robert Scriven's plantation, oppo- 
site Georgetown, in the parish of Prince George Winyaw 74 

557. An Act for vesting the ferry over Santee river, in the Parish of Si. James 

Santee, in Craven county, in Joseph Spencer, of the said parish and 
county, his executors, administrators and assigns, for a number of ■ 
years therein mentioned 75 

558. An ^ct for establishing a ferry at the plantation oi William Wat.son, in 

Christ Church Parish, commonly called Habcaw, to Charlestown ; 
and for making a public road from the said plantation directly to 
the high-road in the said parish ; and also, for the making a naviga- 
ble cut near the passage called the Breich, now stopped up by tho 
Sea ^ 76 

559. An Act for the establishment and regulation of two feriies, at the paiticular 

places lierein mentioned '° 

560. An Act for establishing a ferry from the plantation of Col. Samuel Prioleau, 

called Patterson's Point, on Port Royal island, to the land of Thomas 
Inns, Esq., on the Indian land; and also a ferry over Combahee 
river; and appointing Commissioners tolayout roads from thence to 

Purysburghand Port Royal ferry 80 

562. An Act for vesting the ferry over Ashley river in Edmund BeUinger, Esq., 

for a number of years therein mentioned 82 

A. b. 1734. 580. An Act for establishing a ferry at North Edisto river, from a place callod the 

Point ol Pines, belonging to Mr. Paul Grimball, on Edisto island, to 
Mrs. Brian's landing near Leadenwaw creek, on Wadmalaw island, 
or as near thereto as may be, in the parish ot St. Paul's in Colleton 

county 84 

581. An Act for the re-building a bridge over Pon Pon river, and to appuint Com- 
missioners to lay out a road from thence to the ferry on Combee 
river 85 

A. D. 1735. 587. An .\ct to appoint Commissioners to lay out and mend roads and appoint fer- 
ries tor the parishes of Prince George Winyaw and Prince Fre- 
derick ; and to explain part of an Act entitled "An Act for dividing 
the parishes of Saint Paul's, in Colleton county, and Prince George 
Winyaw, in Craven county ;" and to appoint a ferrry over Santee 
river 87 

589. An Act to appoint and enable certain Commissioners to keep in repair the 

road leading from Bacon's bridge, in Berkley county, to the parish 
line near Jackson's ferry ; and also. Commissioners to lay out a road 
from thence to the road on the east side of a swamp, at a place called 
Mrs. Drayton's cowpen 89 

590. An Act further to empower the Commissioners of the high-roads in the 

parish of St. Phillip's, St. Andrew's and St. James tioose creek, to 
complete and finish the roads in the said parislies respectively 90 

591. An Act for laying out a road from the round O Savannah, to the public road 

leading from Jackson's ferry to horse-shoe Savannah, and to appoint 
Commissioners for the same : and to invest the Commissioners ap- 
pointed in an Act entitled "An Act for establishing a ferry from the 
plantation of Col. Samuel Prioleau, called Patterson's point, on Port 
Royal island, to the land of Thomas Inns, Esq., on the Indian land ; 
and also, to erect a ferry over Combahee river ; and to appoint Com- 



TABLE OF CONTENTS. 

A.D. 1/36. No. missioners to lay out roads from thence to Purysburgh and to Port 
Royal ferry," with the same power and authority as any commis- 
sioners of highways have in this province- 91 

601. An Act further to'empower the commissioners of the high roads in the 
Parishes of St. Philip's, Charlestown, St. James's Goose Creek, and 
St. Andrew's ' 92 

603. An Act for appointing commissioners to lay out a road, from the road that 
leads from Wiltown to Charlestown, to the road that lends from 
Smith's ferry, otherwise called Parker's ferry, to Charlestown, and 
to keep the same in repair , 93 

613. An Act for settling a ferry on Santee river, and for vesting the same in John 
Colleton, of Fair-Lawn Barony, Esq , and his assigns, for the term of 

7 years 95 

A. D. 1737. 621. An Act for establishing a road from the head of the path that leads from Dor- 
chester to Capt. Izard's cow-pen, to the township of Orangeburg 95 

025. An Act for building a bridge over Ashepoo river 96 

G26. An Act for making and keeping in repair the road which leads from Westo 
Savanna to the plantation of Capt. Peter Taylor, in St. Paul's parish, 
commonly called War-Hall, and for continuing the said road to the 
most convenient road leading to Pon Pon river 98 

627. An Act to impower the commissioners of the high-roads for the parish of St. 
John's, in Berkley county, and the several p. Irishes of St. Thomas 
and St. Dennis, to re-build and keep in repair a bridge commonly cal- 
led Huger's bridge,on the eastern branch of Cooper river, running be- 
tween the said parish of St. John and the said Parishes of St. Thomas 
and St. Dennis; an J for altering the bounds of the said parishes of 
St. Thomas and St Dennis 99 

635. An Act for making and keeping in repair the road which leads from the head 
of Westo Savanna road, on the east side of Pon Pon river, to Mus- 
grove's ferry, and from thence to Parker's ferrv road, in St. Paul's 
parish, and to appoint commissioners fur the same 101 

641. An Act for establishing a ferry at a point on the main land belonging to Mr. 

Hugh Bryan, over against Cochran's point, on Port Royal Island ; 
and for vesting the same in the said Hugh Bryan and his heirs, for 
the term of seven years 102 

642. An Act for appointing commisioners to lay out a road or causway over 

Lynche's Island, situate in Santee river ; and for establishing the 
ferries therein mentioned 1"4 

A. D. 17:9. 654. An Act for vesting the ferry already established on the soutn side of Santee 
river, on the land of the Honorable James Kinloch, Esquire, in the 
said James Kinloch, his executors, administrators and assigns, for the 
term of seven years ; and for establishing another ferry on the north 
side of the same river, opposite to the above ferry, and for vesting 
the same in Abraham Micheau, his executors, administrators and as- 
signs, for the term of seven years 108 

655. An Act for establishing a ferry over Savanna river, at the garrison of Fort 
Moore, in New Windsor ; and for vesting the same in Capt- Daniel 

Pepper, for the term of three years 110 

(562. An Act for establishing a ferry over the river Savanna, near the Pallachuck- 
ellas, on the land of the Honorable General James Oglethorpe, and for 
vesting the same in the said General James Oglethorpe, his heirs 
and assigns, for the space of fourteen years 1 12 

A. D. 1741. 678. An Act (or vesting the ferry over Ashley river, in Elizabeth Bellinger, widow, 

her executors, administrators and assigns, for a term of years therein 

tioned ^^^ 

681. An Act for building a bridge over Combee river, from the causey to the 
town of Radnor ; and declaring the Fish Pond bridge, in tlie parish 
of St. Bartholomew, to be a public bridge ; and for repairing or 
re-building a bridge now standing in the upper part of the parishes 
of St. Thomas and St. Dennis, commonly called Ashliy's Bridge ; 
and for other purposes herein mentioned 11° 



TABLT. OF CONTENTS. v 

A. D. 1741. No. 682. An Act for discharging the commissioners appointed by an Act of the Gen- 
eral Assembly of this province, to lay out a road or causey over 
Lynch's Island, from any further duty ; and for the better and more 

easy repairing of and keeping the same in repair for the future 119 

687. An Act for settling a ferry on Santee river, in the way leading from Charles- 
town to Williamsburg, and for vesting the said ferry in Joseph Mur- 
ray, his executors, administrators and assigns, for the term of seven 
years ; and to enable the commissioners of the public roads near the 
said ferry, to lay out, make and keep in repair, a road on each side of 
the said river, leading towards the said ferry ; and for declaring the 
road leading from Wadboe bridge to Palmer's ferry to be a private 
road ; and for continuing the roads in the parish of St. John, in 
Berkley county, to the places therein mentioned 121 

691. An Act to appoint commissioners to lay out a road from the corner of Capt. 

Thomas Johnson's plantation fence, northwestward to Stead's creek, 
and from thence westward, so as may best suit the lands lying on 
Edisto river ; and to empower the said commissioners to continue 
the said road to the line of Orangeburg township, or to lay out any 
by-road or roads into the said road 125 

692. An additional and explanatory Act to an Act entitled "An Act to empower 

the several commissioners of the high-roads, private paths, bridges, 
creeks, causeys, and cleansing of water passages, in th's province of 
South Carolina, to alter and lay out the same, for the more direct 
and better conveniency of the inhabitants thereof" 126 

A. D. 1744. 706. An Act declaring Dorchester bridge, Bacon's bridge, McCollom's bridge, 

Eagle's bridge. Baker's bridge, and Waring's bridge, in the parish 
of Saint George Dorchester, to be parish bridges, and appointing the 
manner in which the same shall hereafter be kept in repair ; and 
for reviving and continuing an Act of the General Assembly of 
this province, entitled " An additional and explanatory Act to an Act 
entitled an Act to empower the several commissioners of the high 
roads, private paths, bridges, creeks, causeys, and cleansing of water 
Passages, in this province of South Carolina, to alter and lay out the 
same, for the more direct and better conveniency of the inhabitants 

thereof." 131 

711. An Act impowering commissioners to finish ami continue certain roads al- 
ready laid out, for the convenience of the inhabitants residing be- 
tween Saltcatcher and Pocatalago rivers 133 

718. An Act for building a bridge over the north branch of Black river, opposite 
to the landing of John Wallis, Esq., deceased, in the parish of Prince 
George Winyaw ; and for building a bridge between Lady's Island 
and St. Helena's li^land, in Granville county, from the causways al- 
ready begun to be made over the marshes on the said Islands 135 

A. D. 1745. ''"■^8. An Act to empower the commissioners of the high-roads for the parish of St. 

John, in Berkley county, to make a new causey leading to Childs- 
bury ferry, in the said parish ; and for cutting a water passage 
through certain lakes at the head of Black Mingo creek, in the par- 
ish of Prince Frederick Winyaw ; and to rectify a mistake in an Act 
of the General Assembly of this province, entitled "An Act for build- 
ing a bridge over the north branch of Black river, opposite to the 
landing of John Wallis, Esq., deceased, in the parish of Prince 
George Winyaw ; and for building a bridge between Lady's Island 
and St. Helina's Island in Granville county, from the causeys already 

begun to be made over ihe marshes on the said Islands." 136 

732. An Act tor vesting the ferry o»er South Edisto river, known by the name of 
Parker's ferry, in Jane Grainge and her assigns, for the use and dur- 
ing the term therein mentioned; and to impower the commission- 
ers appointed by an Act of the General Assembly to lay out a road 
from the corner of Capt, Johnson's planiation fence to Stead's creek, 
instead thereof lo make and keep in repair a road from Stead's creek 



TABLE OF CONTENTS. 

A.D.1747, No. to the plantation of Jeremiah Knott ^^...4 139 

751. An Act for estabhshing a ferry over Savanna river at the garrison of Fort 
Moore, in New Windsor, and for vesting the same in Cornehus 
Cooke, for the term of seven years ; and for estabhshing a ferry over 
•Stono river, at the place where the bridge stands, and for vesting the 
same in Margaret Williamson, widow, her executors, administrators 
and assigns, for the term of three years 141 

757. An Actio nominate and appoint commissioners of the high-ways in the up- 
per settlements on Peedee, Waccamaw, and Black rivers, with power 
to establish ferries at such convenient places, within the several dis- 
tricts therein mentioned, as the majority of the commissioners of the 
said respective districts shall direct ; and to appoint highway and 

bridge commissioners for Saxe Gotha township 144 

A. D. 1748. '^^^- An Act for establishing a fierry over COoper river, from the plantation of 

Henry Gray, in Christ Church parish, to Charlestown, and for vesting 
the said ferry in the said Henry Gray, his exectuors, administrators 
and assigns, for the term of seven years ; and for settling the rates 
of ferriage at the ferry established over the western branch of the 
said Cooper river, at a place commonly called the Strawberry, and 
for vesting the said ferry in Lydia Ball, her executors, administrators 
and assigns, for the terra of seven years ; and for building a bridge 
over Black river, at or near the place called the King's Tree, in the 

parish of Prince Frederick 147 

A. D. 1750. 774, An Act for vesting the ferry established over Stono river, at the place 
where the bridge stood, in Thomas Rose and Francis Rose, their 
executors, administrators and assigns, in trust for the use of the chil- 
dren of Henry Williamson, deceased, for the term of seven years ; 
and for suspending the power of the commissioners for building a 
bridge at the said place, during the said term ; and for ascertaining 
the boundaries of the district liable to work on the cut commonly 
called New Town Cut ; and for appointing commissioners to build a 
bridge over Coosawatchie creek, lying between the parishes of St. 
Helena and Prince William, and for keeping the same in repair 150 

776. An Act for establishing a ferry over Santee river, in the parishof St. James 
Santee, from the plantation commonly called Courage's plantation, 
on the north side of the said river, to the place commonly called 
Jonathan Skrine's, on the south side of the said river, and for vesting 
the said ferry in Alexander Dupont, his executors, administrators and 
assigns, for the term of seven years ; and for appointing commission- 
ers for the public road leading from the plantation, late of William 
Watson, deceased, in Christ Church parish, commonly called Hab- 
caw, to the high-road leading to church in the said parish., 15S 

778. An Act for vesting the ferry over Ashley river, in Edmund Bellinger and 
George Bellinger, Esqrs. their executors, administrators and assigns, 
for seven years, in trust for and to the use and appointment of Mrs. 

Elizabeth Elliott, wife of Thomas Elliott, Esq 155 

. _ ^ . 781. An Act for appointing commissioners to build anew bridge over Pon Pon 
river, near the place where the old bridge stood, and for making cau- 
says leading to the said bridge ; and for appointing commissioners to 
finish and complete a road already laid out, from the Horse shoe road 
to Pocotaliquo causey, in the parish of St Bartholomew, and to keep 
the said road in repair ; and for appointing commissioners to cut a 
creek from Ashepoo river to Pon Pon river, at the upper end of the 
Goose marsh, between the said rivers; and also to cut another 
creek through the marsh between Chehaw and Ashepoo rivers 156 

782. An Act for establishing a ferry from the plantation of Col. Samuel Prioieau, 
called Patterson's point, on Port Royal Island, to the land late of 
Thomas Innes, deceased, on the Indian land, and for vesting the said 
ferry in the said Col. Samuel Prioieau, his executors, administrators 



TABLE OF CONTENTS. vii 

A. D. 1751. No. and assigns, for the term often years; and for establishing one other 

ferry from the said land late of the said Thomas Innes, deceased, to 

. the said plantation of the said Col. Samuel Priolean, and for vesting 

the same in John (ireen, his executors, administrators and assigns, 

for the like term 100 

788. An Act for amending an Act entitled " An additional and explanatory Act 
to an Act entitled an Act to impower the several commissioners of 
the high-roads, private paths, bridges, creeks, causeys, and cleansing 
of water-passages, in this province of South Carolina, to alter and 
lay out the same, for the more direct and better conveniency of the 
inhabitants thereof." ICl 

A. D. IV.'iS. 814. An Art to exempt the inhabitants of the lower district of the parish of St. 

James Santee, in Craven county, from working on or contributing 
towards any repairs to be made to the road or causey leading over 

Lynch's Island 164 

815. An Act for appointing commissioners to build a bridge over the pond in the 
Four Hole Swamp, commonly called Gibbes's pond, and to lay out, 
make and keep in repair a road to and from the said bridge, as con- 
venient as may be, into the Orangeburg old road, from the head of 
the path leading from Dorchester to Izard's cow-pen 1G4 

A- D. 1754. 821. An Act forbtiildinga draw bridge across Ashley river, in the parish of St. 

Andrew, from some place at or near Stoney point, on the east side, 
to the marsh opposite to the said point, on the west side of the said 
river ; and for making a causey upon the said marsh, leading to the 
said bridge ; and for making a road to the said bridge and causey : 
and for vesting the said bridge, when built, in such person and per- 
sons, his and their heirs and assigns, for ever, as shall be at the ex- 
pense of building the said bridge and making the said causey, and 

keeping the same at all times hereafter in repair 166 

825. An Act appointing commissioners for repairing and keeping in repair the 
bridge over Combee river, from the causey to the town of Radnor; 
and commissioners for rebuilding and keeping in repair the bridge 
over Wappoo creek, in the parish of St. Andrew; and declaring 
the said bridge, and Hooper's bridge in the said parish of St. Andrew, 
to be'parish bridges, and appointing commissioners for the said bridge.. 173 
827. An Act for vesting the ferry over Savanna River, at the garrison of Fort 
Moore, in New Windsor, in John Stewart, of New Windsor, his ex- 
ecutors, administrators and assigns, for the term therein mentioned ; 
and for establishing a ferry over Santee river, m the Township of 
Saxe Gotha, from the land of Martin Fridig, on the south side, to the 
opposite landing, on the north side, of the said river, and for vesting 
the same in the said Martin Fridig, his executors, administrators and 
assigns, for the terra therein mentioned 175 

A. D. 1755. ^"^^- ^^ -^^^ ^o"" '-lying out, making, and keeping in repair, a road from Purys- 
burg to Bee's creek, in Granville county ; and for discontinuing such 
part of the present high-road as leads from Day's creek to Purys- 
burgh 178 

A D. 17;'36 ^'^^- ^" ^^^ ^°^ making a road across Hilton Head, from Port Royal Inlet toCal- 

libogy Inlet; and a road from the Fording Islands to the head of 
Oakatee creek in Granville county ; and appointing commissioners 

for the said roads 179 

843. An Act establishing i'erries over Waccamaw and Peedee rivers, and vesting 
the same in the persons therein mentioned ; and appointing and em- 
powering commissioners for making roads leading to the said ferries. . 180 

850. An Act for laying out, making and keeping in repair, a road from the bridge 

commonly cahed Minnick's bridge, to the fifteen mile post, on the 
road leading from Orangeburg township to Charlestown ; and for re- 
building the said bridge and keeping the same in repair 183 

851. An Act for establishing a ferry over Santee river, at the place commonly 

called Beard's fierry, and vesting the same in James Beard, his ex- 



i TABLE OF CONTFNTS. 

A .D. 1756. No. eculors, administrators and assigns, for the term therein mentioned ; 

and applying part of the surplus of the money which was granted 
for making the Watcree river navigable, towards making a road or 
causey over the swamp on Santee river, leading to the said ferry; 
and appointing commissioners for making and keeping in repair a 
road from the said ferry to the most convenient part of the road 

leading from the Congaree to Charlestovvn 184 

852. An Act establishing a ferry from the plantation of Theodore Gaillard, on the 
south side of Santee river, to Murray's landing, on the north side of 
the river, and vesting the same in the said Theodore Gaillard, his 
I executors, administrators and assigns, for the term therein mentioned ; 
and for cleansing and clearing the creeks therein mentioned, for the 
more convenient passing the said ferry. 187 

A. D. 1757. 859. An Act for making and keeping in repair a road across the parish of St. Paul, 
from the south to the north boundary thereof; and a bridge across 
the north branch of Edisto river, and a road or causey leading there- 
to ; and appointing commissioners to execute the same 189 

A. U. 1758. 870. An Act establishing a road lately laid out from Tippicut-Law Oldfield, in 
St John's parish, to Murray's ferry road, in St. Stephen's parish ; and 
for discontinuing such part of Murray's ferry road as is therein men- 
tioned 192 

871. An Act for establishing a ferry from Hooping Island to Boone's Island, and 
to open a communication trora thence to the high road on Edisto Is- 
land 193 

A. D. 1759. 878. An Act for vesting the ferry over Santee river, in the way leading from 
Charlestown to Williamsburg, commonly called Murray's ferry, in 
James Hunter, executor of the last will and testament of Joseph Mur- 
ray, late of Craven county, planter, deceased, in trust for and to the 
only use and behoof of James Murray, an infant, only son and heir at 
law of the said Joseph Murray, his executors, administrators and as- 
signs, for a term of years therein mentioned 195 

A.D. 1762. 914. An Act for vesting the ferry over Ashley river in Edward Legge, his ex- 
ecutors, administrators and assigns, for fourteen years 197 

916. An Act for dividing the road leading from the upper settlements, near the 

Catawba Nation, to Nelson's, late Beard's, ferry, into two districts, 
and appointing a greater number of commissioners for the said road ; 
and for laying out a road from Saunders's creek to Peedee river; 
another from Murray's ferry to Nelson's, late Beard's, ferry ; and 
another from the plantation of Uennis Hagen, in Craven county, to 
Murray's ferry ; and for empowering the commissioners of the high 
roads in Saint James Santee, to build a new bridge over Wambaw 
creek, in the said parish; and also, empowermg the commissioners 
of the high-roads for the parish of Saint George, to alter the road 
leading through the village of Dorchester 199 

917. An Act for finishing, completing and keeping in repair, a road already laid 

out, from Day's creek bridge, in Granville county, to the plantation 
of Jermyn and Charles Wright, called Rochester, situated on Savan- 
na river, in the said county ; and for establishing a ferry over the 
said river, from the said plantation of the said Jermyn and Charles 

Wright, to the plantation of Jonathan Bryan, in Georgia » 202 

921. An Act forestab'ishing a ferry from the plantation of George Roupell, Esq , 
called Patterson's point, on Port Royal Island, to the land now of 
Joshua Morgai,, on the Indian land, and for vesting the said ferry in 
the said George Roupell, his executors, administrators and assigns, 
for the term of ten years ; and for establishing one other ferry, from 
the said land of Joshua Morgan, to the said plantation of George Rou- 
pell, Esq , and for vesting the same in the said Joshua Morgan, his 

executors, administrators and assigns, for the like term 205 

A. D. 1765. 941. An Act for laying out a public road, from the muster field of Godfrey's Sa- 

vanna, in the parish of St- BarthoIomew,northweaterdly across Black 



TABLE OF CONTENTS ix 

A. D. 1765. No. creek, and the Great Swamp, being the easternmost branch of Salt- 

catcher river, and into the fork and to the German settlements, and 

for appointing commissioners fur the same 206 

942. An Act to establish a ferry from Lady's to St. Helena Island; also from 
Hobcaw to Charlestown ; from Daniel's Island to Charlestown ; 
from South Edisto to the land of William Drayton, Esq. ; from New 
Windsor to Augusta ; and from the ferry of Moses Kirkland, on Sa- 
luda river, to the opposite shore ; and for establishing a road leading 
to the said last mentioned ferry; and for making Parker's ferry a 
public ferry; and for establishing a ferry from 3Iarr'8 Bluff to the 
opposite shore; and to appoint new commissioners for removing 
obstructions in the Wateree river 207 

A. D. 1766. 949. ^Ii Act for establishing a public road to lead from the ferry commonly called 

John M'Cord's ferry, on the Congaree river, to Fishing creek, on 
the Catawba river : and likewise, for establishing and making public 
a road commonly called Lee's road, which leads from the extreme 
part of this province to Howell's ferry, on the Congaree river, 
thence to Beaver creek, and thence to Congaree road ; and also for 
making public, and vesting in John M'Cord, the proprietor of the 
land on the opposite side of the said John M'Cord, Zebulun Guant, 
Samuel Wyley, and Grace Russell, respectively, the several ferries 

therein mentioned 213 

950. An Act for erecting a bridge over Saltcatcher river ; and for establishing a 
ferry over Corabahee river, and vesting the said ferry in Stephen 
Ball, of Sheldon, Esquire, and his heirs and assigns, for the term of 
fourteen years 216 

A. D. 1767. 953. An Act for erecting a bridge over Wapetaw creek, establishing a new road 

to and from the said bridge, and for discontinuing the old bridge 
over the said creek, and part of the old road leading to and from the 
said old bridge ; and for putting the road leading from the plantation 
of Clement Lampriere, Esquire, at Hobcaw, to the public road lead- 
ing to the parish church of Christ Church, under the direction of the 

board of commissioners of the said paiish 218 

955. An Act for estabhshing a ferry over Port Royal river, from Beaufort, to 

White Hall, on Lady's Island 219 

A. D. 1768. 963. An Act for establishing and making public a road to lead from Orangeburg 
to Saluda, and from thence to Bush and Rayburn's creeks, and for 
appointing commissioners for the same; and also, for establishing 
and making public a ferry over Saluda river, and vesting the same 
in Samuel Kelly and John Millhouse, their executors, administrators 
and assigns, for the term therein mentioned 221 

974. An Act for establishing a ferry at the land of James James, in the Welch 

tract, in the parish of Prince George, opposite Cedar creek, in the 
parish of St. Mark : and also, for establishing and making public a 
road to lead from the north-east side of the said ferry, down the coun- 
try, into the public road ; and likewise, a road to lead from the upper 
side of Cedar creek, and also a road to lead from the lower side of 
the said creek, into the public road leading down the country 223 

975. An Act for altering a private path or road formerly laid out by the board of 

commissioners in the parish of St. Thomas and St. Dennis, through 
the plantation of the Rev. Alexander Garden to the plantation of 
Thomas Aikon ; and for estabhshing one other private path or road 
to the plantation of the said Thomas Aiken ; and for vesting the 
lands and effects lately belonging to the French church, in the said 

parish, in the church wardens and vestry of the said parish 225 

A. D. 1769. 983. An Act for establishing a ferry at the Two Sisters's bluff, on Savannah river, 
and for laying out, making and keeping in repair, a public road from 
the said bluff to the main road leading from Coosawhatchie to Purys- 
burgh 226 

VOL. IX.— B. 



TABLE OF CONTENTS. 

A. I). 1769. No. 9o6. An Ordinance appointing commissioners for repairing the bridges over Wap- 
poo creek, in tiie parish of St. Andrew, and Coosawhatchie creek, 
lying l)elween tlie parishes of Prince William and St. Luke 22ff 

A. D. 1770. yy'2. An Act for establishing a ferry over Saluda river, at the lands of Robert 

Cunningham; and also another ferry over Savannah river, opposite 
to Augusta, in Georgia, and appointing commissioners to lay out, 

make and keep in repair, several roads leading thereto .-230" 

'J'J5. An Act for establishing a road from Orangeburg bridge to Indian Head; a 
road from the Indian Head to the road which leads from the Ridge 
to Augusta; another road from the ridge road to Long Cane creek; 
another road from Long Cane creek to Great Rocky creek; and 
another road from Great Rocky to Mountain creek, near Cuffee 
town; and for declaring the road from Robert Goudy's, at Ninety- 
Six, to the Ridge, and from thenye to the road to lead from the Indian 

Head to Long Cane, a public road 233 

998. An Act for vesting a ferry from Charlestown to Hobcaw and Scott's ferries, 

in Andrew Hibbin, for the term therein mentioned 235' 

1000. An Act for repealing an Act entitled "An Act for appointing commissioners 

to build a bridge over the pond in the Four Hole swamp, commonly 
called Gibbes's pond, and to lay out and make and keep in repair, a 
road to and from the said bridge, as convenient as may be, into the 
Orangeburg old road, from the head of the said path leading from 
Dorchester to Izard's cowpen." And for authorizing and empower- 
ing the board of commissioners of the roads for the parish of St. 
George Dorchester, to lay out and make and keep in repair, the road 
mentioned in the said Act 236 

1001. An Act for establishing a ferry over Broad river, at the land of Martin 

Scheurer; also a ferrv over Saluda river, at the lands of Charles 
Carson ; and appointing commissioners to lay out, make and keep in 
repair several roads therein mentioned 238 

1002. An Act for vesting a ferry over Sarapit river, from Georgetown to the road 

on the opposite shore, leading towards Charlestown, in William AU- 
ston, his executors, administrators and assigns, for a term of years.. .241 

A. D. 1771. 1007. An Act for empowering the commissioners of the high roads for the parish 
ot Prince George, to lay out and make a new causey over Lynch's 
Island ; and to establish a ferry from the plantation of John Cogdill, 
on Wacamaw, to Georgetown, and also to the south side of Sampit 
river; and for declaring the road leading from Pocotaligo bridge to 
the nine mile post, to be a public road ; and for continuing the same 
to Matthew's bluff on Savannah river 243 

A. D. 1777. 1032. An Act for establishing a ferry over Saluda river, at the lands of Benjamin 

Cook, on both sides of the river 24& 

1033. An Act for vesting the ferry over Ashley river in Edward Legge, his execu- 
tors, administrators and assigns, for seven years 248 

1056. An Act for laying out, making and keeping in repair, a public road in that 
part of St. Peter's parish from King creek to the plantation of John 
Allen, in the said parish, and from thence continued to Coosawhat- 
chie bridge ; also, that another road be laid out from the said Allen's 
to the Two Sisters's ferry 230 

A. D. 1778. 1064. An Act to make and keep in repair a road from Ninety Six Court House to 

the mill of George Reed, on Long Cane Creek, and from thence to 
Pratt's mill, on the north west fork of Long Cane ; and also, from 
Joseph Wardlaw's to John Calhoun's mill, on Coronoka, and from 

thence to Norwood's mill, on Suluda river 251 

1073. An Act for establishing a fierry over the Wateree river, at the plantation of 
Joseph Mieklc, and vesting the same in the said Joseph Mickle and 
his heirs, executors, administrators and assigns, for the term of four- 
teen years; and also, for dividing the great road on the north-east 
side of the said river, beginning at Rafton creek and running to the 
boundary line between this State and North Carolina, and appointing 
commissioners for the same ; and also for appointing a board of cona- 



<-w«( 



TABLE OF CONTENTS. xi 

A. D. 1778. No iTiissioners for clearing the Wntcree river and keeping the snme 

navigable, by an assessnient on the iiitiabitants, and lands uninhabit- 
ed, within the district therein mentioned, in lieu of personal labor. . . .253 

1080. An Act for laying out a road between Catawba river and Broad river; and 

for establiNhing a ferry on the lands of Matthew Bigger 255 

1087. An Act for establishing several ferrieg ; and also for reviving several laws 
for the establisliment of several other ferries : and for other purposes 
therein mentioned 256 

JIOO. An Act for establishing a ferry over Savannah river, from the town of 
Purysburg, in this Stale, to Abercorn or Josephtown in the State of 
Georgia, and for vesting the same in John Vauchier, his executors, 
administrators and assigns, for the term therein mentioned 262 

J105. An Act for establishing a road from Slann's, Dorchester, or Bacon s bridge, 
to Wort's ferry, and from thence to divers other places, until it shall 
intersect the road leading from the ferry near Fort Moore to Charles- 
town 264 

A. D. 1779. 1134. An Ordinance for establishing a ferry over Saniee river, at the plantation 
of the late Peter Manigault, Ksquire, and laying out several roads 
from the said ferry ; and also, for establishing another ferry over 
Santee river, at the plantation of Jared Neilson, Esquire; and for 
other purposes therein mentioned 266 

11.38. An Act for raising the rates of ferriage hcrelofore allowed by law to the 
proprietors of Ashley and Combahee ferries; and for establishing 

several other ferries therein mentioned 270 

A. D. 1783. 1164. An Act to regulate the election and appointment of commissioners of the 
high roads, in the several parishes and districts in this State ; and 
also to regulate the rates of ferriage at such ferries which are not 
established by law 274 

1167. An Act for establishing the ferries therein mentioned 275 

1181. An Act for establishing several ferries therein mentioned 277 

A. D. 1784. 1200. An Act to alter and amend an Act of the General Assembly, pa«sed the 
eighth day of May, one thousand .seven hundred and fifty four, en- 
titled " An Act for building a draw-bridge across Ashley river, in 
the parish of Saint Andrew, from some place at or near Stoney 
Point, on the east side, to the Marsh opposite to the said point on the 
west side of the said river; and for making a causey upon the said 
marsh leading to the said bridge ; and for making a road to the said 
bridge and causey ; and for vesting the said bridge, when built, in 
such person and persons, his and their heirs and assigns forever, 
as shall be at the expense of building the said bridge, and making 
the said causey, and keeping the same at all times hereafter in re- 
pair" 279 

12(1. An Ordinance for laying out a road from the public road to New river 

bridge, Granville county, to May river head 280 

1220. An Act to establish a ferry over Savannah river, opposite .\ugusta in Geor- 
gia 281 

1231. An Act to establish a road from Slan's, Dorchester, or Bacon's bridge, to 

Wort's ferry, and from thence to divers other places, until it shall 
intersect the road lending frosr. Hit's ford, the nearest and best way, 
to Joiin Carter's new road leading to the White Ponds 282 

1232. An Act for establishing the public ferries hereinafter mentioned 284 

1238. An Ordinance to arrend an ordinance entitled "An Ordinance i"or establish- 
ing several (ernes therein mentioned" 287 

1241. An Ordinance for establishing a public ferry to and from Port RoyalIsland..287 
1245. An Ordinance to empower his Excellency the Governor, with the advice 
and consent of the Privy Council, to appoint commissioners of the 
. high roads in such parishes and districts where the freeholders ne- 
glect to elect them 289 

A. D. 1785. 1259. An Act to establish a ferry over Saluda river, on the land of Russell Wilson 

and Andrew Lee 290 

1272. An Ordinance for raising the rales of ferriage at Ashley ferry 921 



55ii TABLE OF CONTENTS. 

A. D. 1785. No- 1282. An Act for keeping in repair the several high roads and bridges throughout 
this State, and for laying out the several new roads and ferries there- 
in mentioned 292 

A. D. 1786. ISir). An Act for giving to the magistrates of the county courts the several pow- 

ers and authorities of the commissioners of the high roads; and to 
repeal the seventh clause, and the proviso of the eighth clause, of an 
Act entiikd "An Act for keeping in repair the several high roads 
and bridges within this State, and for laying out the several new 
roads and ferries therein mentioned;" passed the twenty-second 

day of March, one thousand seven hundred and eighty-five 301 

1324. An Act for laying out several new roads, and for establishing divers public 

ferries, therein mentioned 302 

A. D. 17S7. 1364. An Ordinance for repealing part of an Ordinance passed the twenty-sixth 
day of March, in the year of our Lord one thousand seven hundred 
and eighty four, relative lo Port Rojal causey 307 

A.D. 1788. 1395. An Act to alter and amend the Act respecting the high roads and bridges, 
passed tiie twenty second of March, one thousand seven hundred 
and eighty-five ; and for laying outseveral new roads, and establish- 
ing sundry ferries; therein mentioned 307 

1406. An Ordinance for the belter establishing of Huger's ferrVi on the Conga- 

ree river 319 

1407. An Ordinance for establishing a ferry near Rockey creek, on the Catawba 

river, and vesting the said ferry in the company for opening the navi- 
gation of the Catawba and Wateree rivers 320 

1430. An Act to authorize Maihias Liverman to erect bridges over Saltcatcher 
river, ator near Williams's ford, and to vest a toll, to be collected at the 
said bridges, in the said Mathias Liverman, for a term therein men- 
tioned 321 

A.D. 1789. 1457. An Act for laying out certain roads and estabhshing ceflain ferries, and for 

other purposes therein mentioned 321 

1461. An Ordinance for building a drawbridge across Wappoo creek 327 

1470. An Act for building a bridge across Ashley river 329 

A. D. 1791. 1506. An Act for laying out and keeping in repair a public road leading from New 
River bridge, down to Tunbridge on New River neck; and from 
thence, the nearest and best route, to the moulh of Savannah Back 
river, including the road leading from Purysburg lately laid out 
and worked on, to continue so as to intersect the same 330 

1507. An Act for laying out certain roads and establishing certain ferries; and for 

other purposes therein mentioned 331 

1608. An Act for vesting a bridge to be built by Wade Hampton, Esq., at his own 
expense, across the Congaree river ; also, a bridge over the Savan- 
nah river, opposite the town of Augusta, in the said Wade Hamp- 
ton, his heirs and assigns, for the term therein mentioned ; also, vest- 
ing a bridge, to be built by John Compty, across Broad river, above 
the confluence ol Broad and Saluda rivers 337 

1513. An Act for building a toll bridge across Edisto river, in the county of 
Orange, from some place at or near the old mill seat, situated within 
the limits of the town of Orangeburg, on the north side of the said 
river, to the most convenient spot on the south side of the said river; 
and for making a causeway through the swamp, leading from the 
said bridge to the main road leading from Ninety Six to Charles- 
ton; and for vesting the said bridge, when built, in such person or 
persons, his and their heirs and assigns, for a term not exceeding 
twenty-one years, as shall be at the expense of building the said 
bridge and making the said causeway, and keeping the same at all 

times hereafter in repair during the said term 340 

A.D. 1792. 1565. An Act to extend the time for re-building the bridge over Ashley river, 
which was vested in the late Col. Richard Hampton, his heirs and 
assigns, by Act of the Legislature, .. . 344 



TABLE OF CONTENTS xiii 

A. D. 1792. No. 1567. An Act to extend the time allowed by low to Wade Hampton and John 
Comply, respectively, for building bridges over the Congaree and 
Broad rivers 345 

1569. An Act to allow John Clement to take and receive the same rates of fer- 

riage as have been heretofore taken, for the term of seven years 
after the expiration of the present term ; and for other purposes 
therein menlioucd 346 

1570. An Act for laying out certain roads, establishing certain ferries and toll 

bridges; and for other purposes therein mentioned. And also, to 

conlinue in force the laws for regulating the militia of this Stale 347 

A. D. 1794. 1604. An Act to repeal the tweifih clause of an Act entitled "An Act to alter and 
amend an Act respecting the high roads and bridges," passed the 
twenty second day of March, one thousand seven hundred and 
eighty- five, so u.r as the said clause r*^: \tes to the bridge constructed 
over Edisio river, at Jacksonborough ; and for other purposes there- 
in mentioned 359 

A. D. 1795. 1617. An Act for opening a public road from Granby to Hampton's bridge at Au- 

gusta; and for establishing Jour loll bridges; and for other purposes 

therein mentioned 360 

1626. An Act for laying out certain roads and establishing certain ferries; and 

for other purposes therein mentioned 362 

A. D. 1796. 1651. An Act to re-establish a ferry on Great Peedee river, near the town of 

Chatham, in Chesterfield county, and to vest the same in Elizabeth 

Bishop, her heirs and assigns, for the term therein mentioned 372 

1656, An Act to establish the roads and lernes therein mentioned ; to prescribe 
certain regulations respecting roads; and lor other purposes therein 

mentioned 373 

A. D. 1797. l678. An Act to establish the roads and ferries therein mtsntioned ; and for ap- 

pointing commissioners of the streets and markets in the town of 

Columbia 379 

A. D. 1798. 1693. An Act for establishing certain roads and ferries: and lor other purposes 

therein mentioned .,. .■ 384 

1704. An Act to vepi the powersof superintending the public roads of the counties 
of Kershaw, Fairfield, Chester, York and Union, in commissioners, 

instead of the county courts 329 

A. D. 1799. 1727. An Acttoes(al)lisli certain roads and ferries; and for other purposes there- 
in mentioned 393 

A. D. 1800. 1739. An Act to establish certain roads and ferries; and for other purposes there- 
in mentioned ■; 397 

A. D. 1801. 1769. An Act to establish the roads and ferries therein mentioned 403 

A. D. 1803. 1807. An Act directing the Secretary of State to give up the bond of Thomas 

Gough, given for building and keeping in order a bridge overPon Pon 
river, at Jacksonborough, and to vest the ferry in Leslie Gough, for 

fourteen years 408 

1821. An Act to establish certain roads and ferries; and lor other purposes there- 
in mentioned 408 

A. D. 1804. 1835. xVn Act to vest in James II. Aiu-rum, and his heirs and assigns, for a term of 
years, the bridge called Ilantole's bridge and causeway, to fix the 
rate of toll thereof, and for other purposes therein mentioned; and 
for establishing certain other ferries and bridges, and appointing cer- 
tain commissioners of the roads, in this State 414 

A. I>. 1805. 1866. An Act to establish certain roads, bridges and ferries : and for other purposes 

therein mentioned 417 

A. D. 1806. 1885. An Act to establish ceriain roads, bridges and ferries; and lor other purposes 

therein mentioned 422 

A. D. 1807. 189ti. An Act to authorize the dill'ercnt boards ofcommissitAiers of road.'? through, 

out this State to have the fines and other monies due, or which maj' 
herealier be due, to the said board of commissioners (and heretofore 

collected by constables.) collected by SherifTs .426 

1907. An Act for the establishment of roads, bridges and ferries ; and for other pur- 
poses therein menii'ined 427 



A. D. 1808. 


No. 


1932. 


A. D 1809. 




1951. 


A.D. 1310. 




1968. 



TABLE OF CONTENTS. 

An Act to establish certain roads, bridges and ferries, therein mentioned. . . .433 
An Act to establish certain roads, bridges and ferries, therein mentioned. . . .438 
An Act authorizina; the building of abridge over Cooper river, at Clement's 

ferry 444 

1977. An Act to establish certain roads, bridges and ferries; and for other purposes 

therein mentioned 446 

A.D. 1811. jgf)4 ^„ Act to establish certain roads, bridges and ferries; and for certain purpo- 
ses therein mentioned 455 

1996. An Act discontinuing the public road leading over the causeway at and pass- 
ing 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 lay- 
ing open the navigation of Black Mingo creek 461 

An Act to establish certain roads, bridges and ferries; and for other pur- 
poses therein mentioned 462 

An Act lo establish certain roads, bridges and ferries; and for other pur- 
poses therein mentioned 474 

An Act to establish certain roads, bridges and ferries, therein mentioned . .479 
An Act to establish certain roads, bridges and ferries; and for other pur- 
poses therein mentioned 485 

An Act to establish certam roads, bridges and ferries ; and for other purposes 

therein mentioned 489 

An Act to eslabhsh certain roads, bridges and ferries ; and for other pur- 
poses therein mentioned -494 

An Act to establish certain roads, bridges and ferries 498 

An Act to establish certain roads and ferries 502. 

An ^ict to relieve the inhabitants of certain Islands on the sea coast, from 

the operation of the road laws, in certain particulars 509 

An Act to establish certain roads, bridges and ferries 510 

An Act to establish certain roads, bridges and ferries; and for other pur- 



A. D. 1813. 


2U40. 


A. D 1814. 


2057. 


A.D. ISl.'J. 


2072. 


A.D. 1816. 


2124. 


A.D. 1817. 


2160. 


A.D. 1818. 


2180. 


A.D. 1819. 


2216. 


A. D. 1820. 


2243. 


A.D. 1^21. 


2262. 




2272. 


A.D. 1822. 


2298. 


A.D. 1823. 


. 2314. 


A. D. 1824. 


2329. 




2337. 




2338. 


A. D. 182".. 


2359. 




2367. 



poses . 



.517 



A.D. 1826. 


2399. 


A. D. 1827. 


2413. 




2436, 


A.D. 1928. 


2444. 




2449. 


A.D. 1829. 


2477. 


A. 1). 1830. 


2503. 


A.D. 1831, 


2532. 




2538. 


A. D. 1832. 


• 

2563. 


A.D. 1833. 


2590. 


A.D. 1834. 


2627. 


A.D. 1835. 


2654. 



An Act to establish certain roads, bridges and ferries 526 

An Act to repeal the 48ih section of an Act entitled "An Act to establish 
certain roads, bridges and ferries," passed the twentieth day of De- 
cember, one thousand eight hundred and twenty-three 537 

An Act to establish certain roads, bridges and ferries 537 

An Act concerning the State roads, and for preserving and protecting the 

same 545 

An Act to establish certain roads, bridges and ferries 550 

An Act respecting Lync-h's causeway and the causeway canal, in the parish 

of Prince George, Winyaw 556 

2372. An Act to reduce all the Acts and clauses of Acts of the General Assembly 
of this State, relating to the po A-ers and duties of the commissioners 

of t.'ie roads, into one Act 558 

An Act to establish certain roads, bridges and ferries 567 

An Act to establish certain roads, bridges and ferries 57S 

An Act to authorize the formation of certain companies for the construction 

of turnpike roads and bridges 579 

An Act to re-charter the Camden ferry 580 

An Act to establish certain roads, bridges and ferries 580 

An Act to establish certain roads, bridges and ferries 583 

An Act to establish certain roads, bridges and ferries 586 

An Act to establish certain roads, bridges and ferries 590 

An Act to vest in the proprietors o' any bridge which may be destroyed by 
freshets or otherwise, a right of ferry during the time the bridge is 

re-building 594 

An .\ct to establish certain roads, bridges and ferries 595 

An Act to establish certain roads, briJgesand ferries 597 

An Act to establish (;ertrtm roads, bridges and feriies 599 

An Act to establish certain roads, bridges and feiries in this State 602 



A.D. 


1836. r 


S^o. 2f,'M. 


A.D. 


1837. 


2715. 


A.I). 


1838. 


2747. 



A. I). 1703. 


206. 


A.I). 1707. 


270. 


A. D. 1721. 


440. 


A.D. 1731. 


.584. 


A.D. 3739. 


653. 


A. D. 1747. 


748. 



TAIJLE ()!' CON'I'ENTS. xv 

An Act. to csluhhsli certain roiult;, bridges ;\ii(l f(!rrip.s Tdl 

An Acl lo estahlisl) certain roads, liridges !iui\ (crri<'.- 0{\~ 

An Act to define the terms upon which tl'e Stntc will aid in the conRirnciion 

of turnpike roadjj c>]l 

2751. An Act to estnblisii certniii roads, bridges and ferrif^s 01:; 

AJ'PIONDIX. 

An Act for the better settling and regulating liie tiiiliilLi and appointing look 

onts C17 

An Act for the better settling and regulating the militia 62.5 

An Aci for the better settling and regulating tlie militia 63] 

An Act for the better regnlation of the militia C41 

An additional and explanatory Act to an Act for the lietler regulating the 

militia of this Province 641 

An Act for the better regnlaling the militia of this Province, and for repeal- 
ing the former Acts for regu'ating the militia ; and for repealing an Act 
entitled "An Act for the further security and better defence of this 

Province" 645 

An Act for establishing and legulaiing the artillery company which was 

formed out of the militia in Charlestnwn 664 

An Act for the regulation of the militia of this State ; and for repealing such 

laws as have hitherto been enacted for the government of the militia 666 

An Act for the regulation of the militia of this State 682 

An Act lor the temporary regulation of the militia of this >tate 688 

An Act for the better regulation of the militia of this State 68".» 

An Act to amend and more efTectually put in force, for the time tlierein limi- 
ted, an Act entitled "An Act for the regulation of the militia of this 

Stale," passed the twenty-six day March, 1784 690 

An Act for the establishing of a market in the parish of St. Philip. Charles- 
town ; and for preventing engrossing, forestalling, regratitig, and unjust 

exactions, in the said town and market 692 

An Act to empower certain commissioners therein mentioned, to keep clear 
and in good order and repair the streets of Charlestown ; and for estab 

lishingotherregulations in the said toA-n 697 

An Act for a fish market ; and for preserving the lamps in Charlestown 70.5 

A Bill for horse and horsestealers. (2 & 3 Ed. 6, Ch. 33.) 709 

INDEX 710 

An Act for raising the sum of fifty-two thousand pounds, by stamping and 
establishing new bills of credit, and putting the same out to interest, in or- 
der to call in and sink the former bills of credit, and thereby give a farther 

encouragement to trade and commerce 759 

^•^- ^^^^- An Account of the rise and progress of the Paper Billsof Credit in South Car- 
olina, from the year 1700 to this present time, together with the computed 
value, in money of Great Britain, of such bills, at the respective times of 
their creating and issuing, and the value of such bills in money of Great 
Britain at this time ; and also, an account of the rates and prices of gold and 
silver coin in the Province of South Carolina, in the years 1700, 1710, 1720, 
1730, and at this present time 766 



A.D. 1760. 


894. 


A.D. 1778. 


1076. 


A. D. 1782. 


1154. 


A.D. 1783. 


1193. 


A. D. 1784. 


1233. 


A.D. 1791. 


1528. 


A. D. 1739. 


656. 


A. D. 1764. 


927. 


A. D. 1770 


993. 


A. D. 1743. 




A.D. 1712. 





STATUTES AT LARGE. 



ACTS RELATING TO ROADS, BRIDGES AND FERRIES. 



A CONTINUING AND ADDITIONAL AcT TO An ADDDITIONAt AcT FOR No. 214. 
MAKING AND MENDING HiGIIVVAYS. 

WHEREAS, the Act entitled "An Additional Act for the mending of 
highways, &c," ratified in open Assembly the third day of February, 1702, 
is near expiring. 

I. Be it therefore enacted^ by his Excellency John Granville, Esqr., Pala- ^^^ ^^ ^jq.^ 
tine, and the rest of the true and absolute lords and proprietors of this continued. 
Province, by and with the advice and consent of the rest of the members 

of the General As.sembly, now met at Charlestown for the Suuth-west part 
of this Province, That the said Act, and every thing therein contained, be, 
and is hereby, continued to be and remain in full force, for and during the 
term of three years after the ratification hereof, and no longer. 

II. And for the better encouragement to settle inland plantations, ^"d ^^^^^^^.^^.^^ 
for the commodity of persons which are already settled inland, Be «< eis, how to lay 
enacted, That the commissioners, or the major part of them, in every out new mads. 
division appointed, or to be appointed by an Act entitled "An Act for the 

making and mending of high-ways, &c." shall have power, and they are 
hereby empowered, in their respective divisions, at the request and instance 
of any person which is already settled, or shall hereafter settle inland, to 
lay out, and cause to be marked or staked, for a convenient landing for 
the person at whose request the same is laid out ; which road or highway 
laid out as aforesaid, shall be made at the cost of the person or persons for 
whom it is laid out, and shall be forever after a common road, as other 
roads laid out by virtue of the aforesaid Act are appointed to be. 

III. And be it further enacted, That every person which shall stop, mo- 
lest, hinder, or disturb the commissioners in laying out the road aforesaid, penalty for ob- 
or which after the road is laid, shall hinder persons to make use of, stiucimg roads. 
or shall prejudice or spoil the same, shall forfeit the sum of one hundred 

pounds; to be recovered by bill, plaint, or information, in any court of 
record within this part of the Province ; one moiety thereof to be paid into 



Thore are a tew Road Acta previous to tliis date, but go faded and mutilated as to be illegible. 

VOL. IX— 1. 



STATUTES AT LARGE 

A. D. 1703. j[^cis relating to Roads, Bridges and Ferries. 

the hands of the receiver for the use of the pubhc, and the other half part, 
to him or them that shall sue for the same ; wherein no protection or wager 
of law shall be allowed or admitted. 

Read three times and ratified in open Assemhly, 
the seventeenth day of Septeviber , 1703. 

N. JOHNSON, 
THO. BROUGHTON. 
JAS. MOORE, 
ROBT. GIBBES, 
NICHOLAS TROTT, 
HENRY NOBLE. 

Repealed by Act of 1721. 



No. 218. AN ACT for the cutting and making a Path out from the Road 
ON THE North side of Ashley River, to the Town of Wilton 
IN Colleton County ; and appointing Ferries in the said Road. 

WHEREAS, the remoteness and great distance from Charlestowne, of 
Preamble, many of the southern inhabitants of this Colony, is a great hindrance to 
the speedy uniting our forces on any emergent occasion, as well as a consi- 
derable interuption to business and commerce ; and ivhereas, some of the 
members of Colleton County have informed the Commons, now met at 
Charlestowne, that several of the inhabitants of that county and others, 
are willing, at their owne proper costs, labour and charges, to make one 
common road and highway out of the broad path on the north side of Ashley 
river, through the plantation of William Williams, to Stony Point ; and are 
also willing, at their own proper costs, labour and charges, to make one other 
common road or path, from the plantation of Thomas Rose, planter, on the 
South-west side of Ashley river, to the town in Colleton County called 
Wilton ; which will much conduce to the speedy conjunction of our forces 
on all occasions, and the speedy communicating and carrying on of alarms 
in this time of war. 

L Be it therefore enacted, by his E:^cellency John Granville, Esquire, 
Palatine, and the rest of the true and absolute Lords and Proprietors of this 
Roacl? tobecm Pi-ovince, by and with the advice and consent of the rest of the members 
side 'of Ashley *^^ ^'^^ General Assembly, now met at Charlestowne for the South-west 
river lo Wilton part of this Province, and it is enacted by the authority of the same. That 
and Stony vvith all convenient speed, after the ratification of this Act, there be laid 
out, made, mended, and kept clear, one common road or highway, out of 
the broad path on the north side of Ashley river, through the plantation of 
William Williams, to Stony Point ; and also, from the plantation of Thom- 
as Rose, planter, on the South-west side of Ashley river, to the town in 
Colleton County, called Wilton. Which several paths are to be laid out 
by the advice and direction of the commissioners hereafter named. 

H. And he it further enacted by the authority aforesaid. That the com. 
missioners in this Act hereafter nominated and appointed, arc hereby fully 



OF SOUTH CAROLINA, 3 

Acts relating to Roads, Bridges and Ferries. A. D. 1703. 

impowercd to direct and appoint the keeping of a Ferry for the transporta- ^^^^^ ^^^ ^^^ 
tion of num and horse, to and from the plantation of Thomas Rose, plant- egtyi,|igi,e,i^i 
er, to Stofiy Point; and the said commissioners are hereby further impow- Stony I'oint. 
ered to appoint the keeping of sucii other ferries on the said roads, as 
they, or any three of them, shall think proper and necessary. 

HI. And be it further enacted by the authority aforesaid, That each 
master, owner, or manager of such Ferry, shall, for the transportatron of 
each passenger, take one royall, and for the passage of man and horse, one 
royall and a half, and no more. 

IV. And be it also enacted by the authority aforesaid. That William El- 

liott, John Cattle, Thomas Elliott, John Reamer, and James Cockrham, Commissioners 

or any three of them, be, and are hereby, nominated and appointed the ^^Piwit^d- 

commissioners mentioned in this Act, to make choice of and direct the 

laying out, making, mending, and keeping clear, the several roads and 

paths before mentioned ; as also, for the appointing the several Ferries, in 

such parts and places in the said paths, as they, or any three of them, in 

their discretion shall think fit. 

V. Arid be it further, enacted, That every person which shall stop, mo- pg„^],y forob- 
lest, hinder, or disturb the commissioners in laying out the paths aforesaid, stiuciing the 
or which shall, after the paths are laid out, hinder persons to make use of, '■°'^'^^- 

or that shall prejudice or spoil the same, shall forfeit the sume of ten 
pounds; to be recovered by bill, plaint or information, in any court of re- 
cord within this part of the Province ; one moiety thereof to be paid into 
the hands of the receiver for the use of the publick, and the other half 
part, to him or them that shall sue for the same, wherein no protection or 
wager of law shall be allowed or admitted. Provided always, and it is 
hereby enacted. That all ferries appointed by virtue of this Act, shall, in 
time of alarms, be free to all persons that pass the said ferrys, any thing 
in this Act to the contrary notwithstanding. 

Read three times, and Ratified in open Assembly, 
the three and tioentieth day of Dece7nl>er, 1703. 

N. JOHNSON, 
THOS. BROUGHTON, 
NICHOLAS TROTT, 
JOS. MORTON, 
ROBT. GIBBES. 
HENRY NOBLE. 

Repealed by Act of 1721. 



AN ACT FOR THE MARKING AND MENDING OF RoADS AND HIGHWAYS, No. 243. 
AND FOR THE MAKING A BrIDGE OVER EcHAW CreEK, IN CraveN 

County. 

WHEREAS, the want of a convenient road, highway and bridge over 
the creek commonly called Echaw Creek, in Craven county, doth greatly Preamble, 
incommode most of the inhabitants of the said county, upon all occasions 
of rendezvous, and also upon their joining themselves together on the Lord's 
day, commonly called Sunday, for the public service and worship of God : 
for the future prevention thereof, 



4 STATUTES AT LARGE 

A.I). J70o. Jets relating to Roads, Bridges and Ferries. 

I. Beit enacted, by his Excellency John Lord Granville, Palatine, and 
the rest of the true and absolute lords and proprietors of the Province of 
Carolina, by and with the advice and consent of the rest of the members 
of the General Assembly, now met at Charlestown, for the South-west 
part of this Province, and it is enacted by the authority of the same, That 
with all convenient speed, after the ratification of this Act, at the equal 
charges and labor of all male persons above the age of sixteen years, in- 
Rnadto lie laid habiting or belonging to Craven county, from the plantation of Philip Gen- 
out from Gon- (]ion, inclusive, to the plantation of Mr. John Hartman, inclusive, shall be 
lion' n) Hu- 'Tiade, mended and kept clear, one common road or highway, sixteen foot 
gei's. wide, from the plantation of the said Philip Gendron, inclusive, to the 

plantation of Daniel Huger, inclusive ; and that the commissioners herein 
hereafter nominated and appointed, do make, or cause to be made, one 
Brid'^e ovi>r S"^*^^' substantial and sufficient bridge over the said Echaw creek, in some 
Rclituv creek. Convenient place where they shall think most fit and convenient, sufficient 
for the passing of horses and cattle, and that the same be so kept and main- 
Comiiiispjoners tained ; and Mr. John Peter Pelet, Mr. James Legrand, of Longbois, Pe- 
appoin et . j^^. j^q^j^j.^^ jj.^ Alexander Thezee Chastaigner, and Mr. Rene Ravenell, or 
any three of them, are appointed commissioners for the said work ; and 
that they, or any three of them, have power, and they are hereby empow- 
ered, to appoint such and so many overseers as they shall think fit, under 
(hem, to manage, direct and oversee the persons employed in accomplishing 
the works aforesaid. 

IL And he it further enacted by the authority aforesaid, That every free 
Penalty for not man appointed to work at making and mending the said roads, highways 
working. ^nd bridges, aforesaid, which shall refuse or neglect to work at the said 

roads, highways and bridges, or in his stead to send an able servant or slave, 
at such time and so many days, with provision and such tools as by the 
commissioners, or any three of them, shall be appointed, shall, for every 
day he shall so neglect or refuse, forfeit five shillings ; and that every mas- 
ter or overseer of any servants or slaves which arc hereby ordered to work 
at the making and mending the said road, highway and bridge, which 
shall neglet to send his servants or slaves to work at the said road, high- 
way and bridge, with provisions and such tools, and at such time as shall 
l.e ordered by the commissioners, or any three of them, shall, for each 
servant or slave neglected to be sent as aforesaid, forfeit five shillings for 
every day; and all the forfeitures made by this Act shall be levied by a 
warrant of distress under the hands and seals of any three of the commis- 
sioners, by any constable to whom the same shall be directed, upon the 
goods and chattels of the person forfeiting, and shall be disposed of by any 
three of the commissioners, in hiring able men to work at the road, high- 
way and bridge, as aforesaid. 

in. And he it further enacted by the authority aforesaid. That every free 

For disobeying man which shall go to work at the said road, highway and bridge, "which 

shall refuse to do such work as by the overseer of the said work he shall be 

directed to do, shall forfeit five shillings ; and every servant and slave which 

shall refuse to do such work at the said road, highway and bridge, as he 

shall be directed to do by the overseers of the said work, shall by him be 

moderately corrected ; and every master or overseer of any servants or 

Notice. slaves, and every free man, shall have at least three days notice before he 

The work to be ^'^'^^' S*^ "'' ^^"f' ^^ Work at the said road, highway and bridge ; and the la- 

(lone i-ropor- bor or cliarge of the said road, highway and bridge, shall be equally borne 

uonably. and done according to and in proportion to the number of male persons, 



OF SOUTH CAROLINA. 5 

Act." relating to Roads, Bridges and Ferries. ^- '>••'"•''• 

every person appointed to do the same bearing an equal share, as near as tlie 
commissioners can possibly compute. Provided, never f./nless , that any person 
to be employed in making and mending tlie said road, highway and bridge, 
instead of liis personal labor or the labor of any servant or slave, may pay ^j^y ,„,,]^e 
to the conunissioners, or their overseers, two shillings and sixpence for eve- cummutation. 
ry day he or his servant or slave is ordered to work at the making of the 
said road, highway and bridge, which money shall be laid out on the said 
work, respectively; Provided, the same be paid before the time he is ap- 
pointed to work, or to send to work ; any thing in this Act contained to 
the contrary notwithstanding. 

IV. A7id he it further enacted by the autliority aforesaid. That the com- 
missioners appointed as aforesaid, or any three of them, shall cause the 
said road and highway to be grubbed by the persons within mentioned ; and 
all persons then neglecting or refusing, are hereby made liable to the same 
fines and forfeitures as before enacted to be levied and disposed of as'afore- 
said by this Act is ordained- 

V. And that the road, highway and bridge, as aforesaid, may be made 

as short and with as much ease and conveniency as possibly may be, Be it Powers of 
enacted by the authority aforesaid. That the commissioners, or anyfthree ^^"^"'""^^"^"' 
of them, appointed as aforesaid, shall have power, and they are hereby 
empowered, to cut, direct and make the aforesaid road, highway and 
bridge, in or through any land already run out, or to be run oat, and to 
make use ot any timber, wood, brush or earth, which they or the over- 
seers shall think needful for the accomplishment of the work aforeraid. 

VI. And he it furtlier enacted by the authority aforesaid, That in case 

any of the commissioners shall happen to die or go of!' from this Province, ]^^^^"„"[;g 
or shall refuse or neglect to do his duty, as is by this Act required, that filled, 
then the Right Honorable the Governor, or the Governor for the time be- 
ing, is hereby authorized and empowered to nominate and appoint such 
other person or persons as he shall think fit, to be commissioner or com- 
missioners in the stead and place of him or them so deceased, or gone off", 
or neglect or refuse his duty as aforesaid ; which said commissioner or 
commissioners, so nominated and appointed by the Governor, as aforesaid, 
shall have all the powers and authorities as if they were nominated and ap- 
pointed by this Act. 

VII. Provided, ahvays, and it is herehy enacted. That if the commissioners, (^Q„,j,^ig^JQ„gra 
or the major part of them, shall think fit and most convenient, to hire out may hire out 
the building of the said bridge, or cutting of the said path, to any person or ''^^ work. 
persons who shall be willing and able to undertake the same, that it shall 

and may be lawful then for them so to do, and for payment of the sum of 
money which they shall agree and contract for, to assess and levy the same, 
on equal assessment, on all the persons which are by this Act made liable to 
work on the building of the said bridge, and cutting of the said path. Pro- 
vided, always, that if the sum required and wanted for building of the said 
bridge, and cutting of the said path, exceed sixty pounds, that then the 
overplus of the said sum shall be laid and levied upon the inhabitants of the ^^'•><' ""^y ^ 
said county which live over the said creek, on the eastern side, together ^s'^''^^^^'' 
on such persons who live on the western side of the said creek, who peti- 
tioned and requested the building of such bridge and cutting such path; and 
the inhabitants of the western side of the said creek, who have not petition- 
ed for the same, shall not, nor are not, made liable to bear any part of the 
overplus of the said sum of sixty pounds; any thing in this Act to the con- 
trary in any wise notwithstandinar. 



I STATUTES AT LARGE 

A. I). 1703. jicfg relating to Roads, Bridges and Ferries. 

VIII. And it is further enacted and declared. That the commissioners 
here named, or any three of them, shall have and use the same powers for 
recovering of the money by them assessed, in case they hire out the buil- 
ding of the said l)ridgc, or cutting of the said path, as by this Act is direc- 
ted and required to be used upon such persons as shall refuse or neglect to 
send or come to the said work, according to the directions of this Act. 

Read three times, and. ratified in open Assembly, February 
the Ylth, 1704—5. 

N. JOHNSON. 
JA. MOORE. 
NICHOLAS TROTT. 
ROBT. GIBBES. 
HENRY NOBLE. 

Repealed b> Act of 1721. 



No. 246. AN ADDITIONAL ACT FOR THE MAKING OF HIGHWAYS, AND FOK AP- 

POINTING A Ferry over the western branch of Cooper River ; 

AND FOR continuing THE ACT FOR KILLING BeASTS OF PrEY. 

WHEREAS, the want of convenient ferries and roads upon all occasions, 
Preamble, hath much prevented the uniting of her Majestie's forces in the defence 
of this colony ; and forasmuch as the inhabitants of the eastern and west- 
ern branches of the T of Cooper river, are willing, at their own proper 
cost and charge, to make a ferry at the plantation of Mr. James Childs, 
commonly known by the name of the Strawberry Plantation ; and also, to 
make and clear one common high-way and road, directly from Capt. Peter 
Colleton's Baronny, to that place the ferry shall lie at ; and also, from the 
west side of the western branch of the T of Cooper river over against the 
Strawberry Plantation, or such other place, into the common way or high 
road, lying on the north-west side of the said branch of the river; there- 
fore, for the speedy conjunctions of our forces in this time of war, as well 
as for the conveniency of the said inhabitants for all other occasions to 
resort to Charleston. — 

I. Re it therefore enacted, by his Excellency John Lord Granville, Pala- 
A road to be tine, and the rest of the true and absolute Lords and Proprietors of this Pro- 
Stmwbe°ry ^'"^6, by and with the advice and consent of the rest of the members of the 
Ferry to General Assembly, now met at Charlestown for the South-west part of this 

Colleton's Ba- Province, and it is enacted by the authority of the same. That with all conve- 
road^(m'*tbe ^ nient speed, after the ratification hereof, at the equal charge and labor of 
othnr side of all male persons above the age of sixteen years, inhabiting on the east side 
thehighVa'd. ^^ ^"^^ western branch of the T of the said river, from the plantation 
of Elias Ball, inclusive, to the plantation of Landgrave Colleton, com- 
monly called Wattboe, exclusive, and on the west and east side of the 
eastern branch of the T of the said river, to the plantation of Mr. Peter 
Jedeau, inclusive, shall be made, mended and kept clear, one common road 
or highway, from the said Captain Peter Colleton's Baronny, to the place 
the ferry shall lie at ; and also, from the north-west side of the western 



OF SOUTH CAROLINA. 7 

Acts relating to Roads, Bridges and Ferrirs. A. 1). 1705. 

blanch of the T of Cooper river, over against the said Strawberry Planta- 
tion, or thereabouts, as the commissioners sliall direct, into the common """'"^*^"'"'^'8 
road or high-way, lying on the north-west side of the said branch of the 
said river; and that John Ashby, Peter Jacob Guerard, Esquire, Mr. Jas. 
Child, Mr. Elias Hall, and Mr. Thomas Hubbard, or any three of them, be, 
and are hereby declared, commissioners for the making, mending and 
keeping clear, the said common roads or high-ways, 

n. And he it further enacted by the authority aforesaid. That the com- 
missioners aforesaid, or any three of them, are hereby empowered to direct 
and appoint the keeping of a ferry for the transportation of man and horse, Sfawberry 
to and from the said Strawberry Plantation, or to such other place as the i^iiphed. 
commissioners shall think fit, or to such place as they shall appoint the 
common highway to be made and cleared, from the common road lying on 
the north and west side of the western branch of Cooper river, over against 
the said Strawberry Plantation, or to such other place on the said branch, 
as they, or any three of them, shall think fit. 

HI. And be it further enacted by the authority aforesaid, That the 
commissioners aforesaid, or any three of them, are hereby empowered, by ' 

a warrant under their hands and seals, to appoint such master or manager 
of the said ferry, and him so appointed, shall, for the transportation of each 
passenger, take and demand, as he and the commissioners above named 
shall agree, not exceeding one royal, and no more ; and for the passage of 
one passenger and horse, as he and the commissioners above named shall 
agree, not exceeding two royals; and he the said manager so appointed, 
shall keep in repair the said ferry at his own proper cost and charge, and 
shall give constant attendance, day and night, upon call ; and shall, at the 
discretion of the said commissioners, or the major part of them, be turned 
out and displaced. 

IV. And forasmuch as a common road or highway is necessary to be 

made for the inhabitants of Goose Creek, living within land from the house po','^i','t°"3j;j"i" 
of Abraham Dupont, into the high- way or common that leads to Charles- on's, laid out. 
ton ; Be it therefore enacted by the authority aforesaid, That the said com- 
mon road or high-way, shall, with all convenient speed, be made, mended 
and kept clear, at the equal charge and labor of all male persons above the 
age of sixteen years, inhabiting within land on the branches of the said 
creek, from the plantation of Mr. Abraham Dupont, inclusive, to the plan- 
tation of Mr. Benjamin IMarion, inclusive; and that Abraham Henry de 
la Plain, John Stone, and Benjamin Marion, or any two of them, be com- 
missioners for making, mending, and keeping clear, the said road or high- 
way ; and the inhabitants aforesaid are hereby discharged for two years, ^°"^™'^*'''°^''^ 
and no longer, from mending, clearing, and repairing the road or high- 
way, from Turkey Creek to the plantation of Thomas Baker; inovided,, ^ ., 
and it is hereby intended, that the said inhabitants aforesaid, be not dis- Goose Creek, 
charged from their quota or proportion in building and repairing the bridge 
over Goose Creek already now agreed for repairing and building the same ; 
any thing in this Act contained to the contrary notwithstanding. 

V. And he it further enacted by the authority aforesaid. That the com- 
missioners herein nominated and appointed, and the persons herein com- "" '^'" ° '°"'* 
manded to work on the said road, shall have the same powers, and under 
the same restrictions, fines and forfeitures, to be levied and disposed of to 
the same use, and in the same manner and form, as the forfeitures in the 
Act for making and mending high-ways and paths, and for cutting of creeks 
and water courses, are appointed. 



missioners 



aiK 



8 STiVTUTES AT LARGE 

A. 1). Ijor). Acts rchititig to Roach, Bridges and Ferries. 

, VI. And he it farther enacted, That tlie major part of the commission- 

'^^Yasses™'^^ ers Iicrcby appointed, shall have power, in their respective divisions, and 
are hereby empowered, to agree with any one or more persons, to make, 
mend, and keep clear the said highways, and build the said ferry ; and mo- 
nies so agreed upon shall be equally taxed by the said commissioners, on 
all persons in their respective divisions, and shall, in such manner and 
form, be recovered and disposed of, to such use as the commissioners for 
making, mending and clearing the highways are, by an additional Act for 
the mending of high-ways, ratified in open assembly, the third day of Feb- 
ruary, 1701 — 2, appointed and authorized to perform. 

Read three times and ratified in ope7(, assevibly, 
February the 5th, 1704 — 5. 

N. JOHNSON, 
J AS. MOORE, 
NICHOLAS TROTT, 
ROBT GIBBES, 
HENRY NOBLE. 

Repejilfitl by Act of 1721. 



No. 268. AN ADDITIONAL Act to a continuing and additional Act to An 

ADDITIONAL ACT FOR MAKING AND MENDING HIGHWAYS, AND FOR 
THE IMPOWERING THE GOVERNOR FOR THE TIME BEING, TO APPOINT 
CoM3IISSIONERS IN THE ROOMS OF SUCH AS ARE DEAD OR GONE OFF, 
OR MAY DIE OR GO OFF ; AND TO ASCERTAIN THE VVaTCH IN ClIARLES- 
TOWN. 

WHEREAS, the highways formerly laid out, stand greatly in need of 
rieamble. mending, and other convenient roads and highways to be made, for the . 
better uniting her Majestie's forces, and for the readyer communications on 
all occasions. 

I. Be it therefore enacted, by his Excellency John Lord Granville, Pala- 
tine, and the rest of the true and absolute Lords and Proprietors of the 

va*c'am"i?-s'° *" Province of Carolina, by and with the advice and consent of the rest of the 
among com- members of the General Assembly, now met at Charlestown for the South- 
roadi""'^'^ °f west part of this Province, That the Right Honorable Sir Nathaniel John- 
son, Knt. Governor, or the Governor for the time being, have the same power 
to nominate and appoint such and so many commissioners, in the room of 
such as are dead or gone off, or may die or go ofi, for the making and 
mending of highways, as the Honorable James Moore, Esquire, deceased, 
had, by an Act entitled "An additional Act for tlie mending of High- 
ways," ratified in open Assembly, the third day of February, 1701 — 2. 

II. Be it enacted by the authority aforesaid. That with all convenient 
speed, after the ratification of this Act, at the equal charge and labour of 

inaJe from ajl the male persons above the age of sixteen years and under sixty, inha- 

Duniell's to biting upon the west side of Wandow river, from the plantation of Capt. 

Smith's. Robert Daniell, inclusive, to the plantation of Andrew VVarnock, and from 

thence to the plantation of George Smith, Sen., inclusive ; as also, at the 



OF SOUTH CAROLINA. y 

Acts relating to Roads, Bridges and Ferries. A. u. 1707. 

equal charge and luhoiir olall male persons above the age of sixteen, and • 
under sixty, inlial)iting u|)on tfie east side of Cooper river, from the planta- 
tion of Mr. Richard Codncr, inclusive, to the plantation of Mr. Dennis 
Hayes, inclusive ; and all persons as above said, inliabitmg on the east side 
of Wandow river, from the plantation of Major John lioone, inclusive, and 
cross the Neck to the plantation of Mr. John Abraham Motte, inclusive, on 
both sides of the said Neck, as high as the plantation of the Right Honora- pr„n, War- 
ble the Governor Sir Nathaniel Johnson, on' the sea coast, inclusive, be nock's to .Sea- 
made one common soad or highway, sixteen feet wide, with bridges and p®° ^''°'^'' 
causways, from the house of Mr. Andrew Warnock, to the Seawee JBroad 
Path, at the discretion of the commissioners hereafter named. 

HI. And be it further enacted by the authority aforesaid, That Captain 
Robert Daniell, Richard Berresford, Esquire, Mr. Joseph Marbeus, alias 
Labrosse, Mr. Dennis Kages, Major John Boone, Mr. John Abraham Commissioncra 
Motte, and Mr. Samuell Sibley, or any five of them, are hereby appointed 
commissioners, and are hereby authorized to appoint and direct in what 
ground and place the aforesaid highways shall be made, and to appoint, 
when, how long, and in what place, every respective person shall work and 
labour; provided allwai/s, and it is hereby intended, that no person do 
more, as near as possibly can be computed, than his equal proportion of 
said labour ; and the commissioners appointed aforesaid, are hereby im- 
powered to appoint and chose, under themselves, so many and such over. Powers, 
seers, as they, in their discretion, shall think needfuU ; and all persons 
herein concerned, are hereby commanded and required, within three days 
notice given them by the commissioners and overseers, to repair, they or 
so many working men in their stead, with so many days provisions, and 
such tools as they shall be ordered to bring with them, to the place appoint- 
ed, then and there to do such labour as by the commissioners and over- 
seers shall be directed ; and if any person or persons, after notice given 
them as aforesaid, shall neglect or refuse to repair to the place appointed, 
or to do such labour, as their respective commissioners or overseers shall 
direct or order, the person so neglecting or refusing as aforesaid, shall, for 
every day he shall neglect or refuse, forfeit the sum of five shillings ; to be 
recovered as directed by "An Act for making and mending highways, &;c." 
ratified in open Assembly, the eighth day of October, 1698. 

IV. And whereas, it will be to the great prejudice of many persons in- 
habiting within the aforesaid limits, to mend and keep clear the aforesaid 
highway, being obliged to keep clear other parts: Be it therefore enacted 
by the authority aforesaid, That at the equal charge and labour of all 
male persons above sixteen years of age, inhabiting on the west side of 
VVando river, from the plantation of Richard King, inclusive, to the plan- 
tation of William Ruberry, inclusive, and on the east side of said river, prom Conehav 
from the plantation of Mr. George Smith, sen., to the plantation of Mr. Bridge. 
John Holiybush, inclusive, and so cross the Neck to the plantation lately 
belonging to Jacob Allen, on the sea side, and to the plantation of the 
Right Honorable Sir Nathaniel Johnson, Governor, inclusive, do, from 
time to time, as need shall require, and the commissioners hereafter named 
shall think tit, mend and keep clear the highway or road from Conehay 
Bridge, exclusive, to the plantation of Sir Nathaniel Johnson, Governor, 
on the sea coast ; and that Mr. Jose|)h Marbeus, alias LaBrosse, 3Ir Abra- 
ham Warnock, Mr. Robert Lewis, Mr. Daniell Macgrigery, Mr. Robert 
Murrell, or any three of them, are hereby appointed and authorized com- 
missioners, for the keeping clear and mending the aforesaid high-ways ; and 
VOL. L\— 2. 



10 STATUTES AT LARGE 

A. I). 1707. Acts relating to Roads, Bridges and Ferries. 

they and all other the male persons within the said boiijids, are hereby ex» 
cused and discharged from all labour upon any other high-way whatsoever. 

V. Be it further enacted by the authority aforesaid, That all male per- 
Edisto Island. ^*^"^ above the age of sixteen years, and under sixty, inhabiting upon Edis- 

to Island, shall repair and keep clear the creek commonly called Abbott's 
Abbott's creok. Creek, and make such paths and bridges upon the said Island, as Captain 
John Whitemarsh, Mr. Henry Bowers, Mr. John Kenneway, Mr. Lawrence 
Dennis, and Mr. Robert Seabrook, or any three of them, shall think fit. 

VI. Be it enacted by the authority aforesaid, That with all convenient 
, speed, at the equal charge and labour of all male persons, from sixteen 

'■years of age to sixty, inhabiting upon James's Island, from the plantation 
of Mrs. Hill, widow, upon the east side of Stonoe river, inclusive, be made, 
mended, and kept clear, one common road and highway sixteen feet wide, 
at the discretion of the commissioners hereafter named ; and that James 
Witter, Captain Jonathan Drake, Mr. William Wilkins, or any two of 
them, be commissioners, and that they have the same powers as the com- 
missioners have by virtue of an Act intitled "An Act for making high- 
ways, &c." ratified in open Assembly the eighth day of October, 1698. 

VII. Be it furtlier enacted by the authority aforesaid. That with all 
John's Island. Convenient speed, at the equal charge and labour of all male persons from 

sixteen years to sixty, inhabiting upon. that part of John's Island lying be- 
tween the North-east side of Bohicott creek, and Colonel Gibbes's cowpen, 
and so downwards, to Captain George Frost's, and upwards, to the planta- 
tion of Captain Joseph Tatnell. be made, mended and kept clear, with 
convenient bridges and causeways, one common road or highway sixteen 
feet wide, at the discretion of the commissioners hereafter named; and 
that Major John Fenwick, Mr. John Raven, Mr. John Wilkins, Mr. John 
Stanyarn, and Captain Joseph Tatnell, or any three of them, be commis- 
sioners, and that they have the same powers as any commissioners have, 
by virtue of an Act intitled "An Act for the making highways, &c." 
ratified in open Assembly the eighth day of October, 1698. 

Vni. 'S^hcreas, the road or highway on the South side of Ashley river, 
Road south might be, with more ease to the inhabitants, repaired, mended, and kept 
sideof Ashlej. ^.],,g^,.^ if the said road were divided. Be it therefore enacted by the autho- 
rity aforesaid, That the male persons above sixteen years of age, and under 
sixty, inhabiting from the plantation of Colonel Robert Gibbes, inclusive, 
to the Bridge over Cuppain creek, exclusive, and all the inhabitants on 
the South-east side of the said creek, inclusive, shall make, mend, and keep 
clear, the broad path from the plantation of the said Gibbes, to the said 
bridge, exclusive; and that Colonel Robert Gibbes, Mr. William Bull, and 
Mr. Samuell Jones, or any two of them, be commissioners for the doing 
the said work, and have the same power as the commissioners in the before 
recited Acts ; and that all the male persons above the age of sixteen years, 
and under sixty, inhabiting from the said creek, inclusive, to the plantation 
of Mr. Thomas Elliott, inclusive, shall make, mend, and keep clear, the 
broad path from the bridge aforesaid, inclusive, to the plantation of the said 
Elliott; and that Mr. Manley WiUiamson, Mr. Shem Butler, and Mr. 
William Cattle, or any two of them, be commissioners for the doing the 
said work, and have the same power as the commissioners in the before 
recited Act. 

IX. Beit further enacted by the authority aforesaid. That Mr. William 
Edwards, Mr. John Woodward, Captain Jo.seph Page, Mr. Edmund 
Dundon, Mr. Hugh Cockran, or any three of them, are hereby appointed 



Watch. 



OF SOUTH CAROLINA. 11 

Acts relating to Roads, Bridges and Ferries. A. D. 1707. 

commissioners for cutting such creeks and making such paths, which they ^^ j\iu,xe 
shall think convenient, to the soutli and west of" Muskeeta Creek, so far Creek, 
as Combahc river and tlic head of Ashepoo river. 

X. And. be it further enacted. That Captain Thomas Nairne, Mr. John 
Cochran, Mr. Alexander Mackcy, Mr. Ttjonias Palmenlcr, Mr. Richard 
Raynoids, or any three of them, shall be commissioners for making high- 
ways, bridges, and cutting of such creeks as they shall tliink proper, to the 
Southward of Saint Helena Sound. 

XI. Whereas, in an Act for regulating a Watch in Charlcstown, rati- 
fied in open Assembly, the twelfth of July, 1707, it is therein enacted, that 
the whole number of men thereby appointed for watching, should be obliged 
to watch every night in person. Be it hereby enacted. That it shall and 
may be lawful for the conmianders of the said watch, to keep their re- 
spective watches with only one half the men nominated in the said Act for 
watching, that so no man be obliged to watch oftener than every other 
night; any thing in the before recited Act contained to the contrary not- 
withstanding, and that this paragraph have the same limitation and con- 
tinuance as the Act next above mentioned. 

Read three times and ratified in open Asssembly, 
the nineteenth day of July, Anno Dom. 1707. 

N. JOHNSON, 
ROBT. GIBBES, 
H. NOBLE, 
JAMES RISBEE, 
CHAS. BURNHAM. 

Repealed by Act of 1721. 



AN Additional ACT to an Act entitled *' An Act for the mak- jv^q 273 

ING AND MENDING OF RoADS AND HIGHWAYS ; AND FOR THE MAKING 

A Bridge over Echaw Creek in Craven County." 



Preamble. 



WHEREAS, an Act intituled "An Act for making and mending of 
roads and highways, and for the making a bridge over Echaw Creek 
in Craven County," ratified in open Assembly, the seventeenth day of 
February, 1704 — 5, and the true intent and meaning and design thereof is 
thought very useful and expedient, and will much conduce to the spee- 
dy conjunction of our forces on all occasions, and the speedy commu- 
nicating and carrying on alarms in this time of war ; but forasmuch 
as the said Act directs a bridge to be made over the said creek, and 
being found too chargeable to perform the same, and forasmuch as a 
ferry over the said creek will answer the ends and designs thereof, and 
with less charge to the said inhabitants — 

L Be it therefore enacted, by his Excellency John Lord Granville, Pala- 
tine, and the rest of the true and absolute Lords and Proprietors of this 
Province, by and with the advice and consent of the rest of the members (^^"'^"J'JJI' ^'^* 
of the General Assembly, now met at Charlestown for the Southwest part 
of this Province, and by the authority of the same. That the commission- 
ers in the aforesaid Act, or any three of them, are hereby fully impowcred 
and required, with all convenient speed, after the ratification of this Act, 



12 STATUTES AT LARGE 

A. D. 1709. jicts relating to Roads, Bridges and Ferries. 

to direct and appoint the keeping of a ferry for the transportation of man 
and horse, from the plantation of Captain James LeGrand, alias Longbois, 
to the plantation of John Peter Pelet, or to such other place as the com- 
missioners afori3said, or any three of them, shall think tit. 

II. And be it ftirther enacted by the authority aforesaid, That if the 
How work to commissioners aforesaid, or the major part of them, shall think fit and con- 
be done, venient to hire out the making the said roads and high-ways, and build the 

said ferry, and for the ropes that shall be used for the same, the monies 
so agreed upon shall be equally taxed by the said commissioners, on all and 
every the said inhabitants, by an equal assessment ; and shall be recovered 
in such manner and form as by the aforesaid Act is appointed, and to be 
disposed of to the use above mentioned. 

III. And be it fiirtlier enacted by the authority aforsaid, That every 
person which shall stop, molest, hinder, or disturb the commissioners in 
laying out the paths, which, by the aforesaid Act, ought to be made, or 
which shall, after the paths laid out, hinder persons to make use of, or that 
shall prejudice or spoil the same, shall forfeit the sum of ten pounds; to 
be recovered by bill, plaint or information, in any court of record within 
this part of the Province ; one moiety thereof, to be paid into the hands 
of the public receiver for the use of the public, and the other half part, 
to him or them that will sue for the same : wherein no protection or wager 
of law shall be allowed or admitted of. 

IV. And be it further enacted by the authority aforesaid, That the com- 
Road from San- ,y,iggiQjjQ,.g hereafter named, or any three of them, are hereby authorized 
sTntel 'rTvm-. ^"^ impowercd to lay out an high-way sixteen feet wide, from the high- 

way of Santee to Santee River, after such manner and form, and in such 
parts and places, as the commissioners hereafter named, or any three of 
them, shall think fit, without let or molestation by any person whatever, 
upon the penalty aforesaid. 

V. And be it further enacted, by the authority aforesaid. That whoever 
will, at his own proper cost and charge, build and keep in good repair, a 
sufficient ferry boat for the transportation of man and horse from one side 
of Santee river to the other, as the commissioners hereafter named, or any 
three of them, shall direct, shall, for the ferrying over each passenger above 
five years of age, take and demand one royall, and for every such passen- 
ger and horse, two royalls, and no more ; and that the manager of the said 
ferrv shall have the benefit and advantage as aforesaid, during the space 
and time of nine years, and no longer, to begin from the ratification of 
this Act. 

VI. And be it further enacted by the authority aforesaid. That Mr. 
Commissioners John Gaillard, Mr. Peter Gaillard, Mr. Henry Bruneau, Mr. John Gui- 

ball, and Mr. Rene Ravenell, or any three of them, are hereby norai- 
nated and appointed commissioners for appointing the aforesaid ferry, in 
the most convenient place over Santee river, and laying out a way from 
the broad path of Santee to the said river, with a convenient landing on 
the other side. 

Read three times and ratified in open Assemhly, 
the 28^7i daij of November, Anno Dom. 1709. 

N. JOHNSON, 
THOS. BROUGHTON, 
HENRY NOBLE, 
JAMES RISBEE, 
CHAS. BURNHAM. 

Repealed by Act of 1721. 



Ferry on San- 
tee. 



OF SOUTH CAROLINA. 13 

Acts relating to lloads, Briilgts and Ferries. A. 1). 1709. 

AN ADDITIONAL ACT TO " An AcT FOR MAKING AND MENDING HiGH- No. 287. 

WAYS AND Paths, and iok cuttinc; of Ckkeks and Water Cour- 
ses." 

WHEREAS, by an Act entitled " An Act for makiiig and mending 
high-ways and paths, and for cutting of creeks and water courses," made 
and ratihed in open Assembly at Charlestown, on the eighth day of October, 
Anno Domini, 1698, amongst other things therein contained, it is enacted, 
that one highway or common road of sixteen feet wide, be made, mended ,^^''^"' "n 
and kept clear, by the male persons living on Thomas''s Island, and upon the [siand. 
north-west side of Wando river, and all persons living upon the creek 
which runs up the north-west side of the said island, and upon the branch- 
es thereof, through the body of the said island, and from the most conve- 
nient place of the creek which makes the same, at the discretion of the 
commissioners, to the house of Abraham Warnock. And it is further en- 
acted, in and by the said Act, that all tlie high-ways or common roads 
thereby before appointed to be made, are thereby ordained to be kept clear 
of all standing or lying trees, of underwood, brush or bushes, which are to 
be grubbed up by the roots, and over all creeks, substantial and strong „ , , 
bridges to be made ; and that the high-ways and water courses may be kept clear and 
made, done and cut, at the equal charge, indifferent labour and charges gooJ *J"'Jgea 
of the several persons before appointed to make and do the same. And ™^ 
whereas, there are several persons who have, and may have, the use 
and benefit of the said road, and yet having settled plantations without the 
limits appointed by the said Act, are not liable to the making and repara- 
tion of the high-way aforesaid on Thomas's Island, and so to Andrew War- 
nock's. And whereas, by the order, direction and appointment of the 
commissioners in and by the said Act authorized, there is a good substan- 
tial wooden bridore built and made over the creek lyino; on the north-west 
Side of Thomas's Island, commonly called the Wadeins Place, and no ,, '""^s^®"," 

" 1 110 111 (IS s 

manner of provision made in and by the said Act, for the supporting, main- island, 
taining, and repairing of the said bridge, as shall, from time to time, seem 
reasonable and necessary to the commissioners ; by means whereof, after so 
great charges and expenses laid out on the said bridge, the same may, in 
time, become of no use — for the prevention whereof, 

I. Be it enacted, by his Excellency William Earl of Craven, Palatine, 
and the rest of the true and absolute Lords and Proprietors of the Province 
of Carolina, by and with the advice and consent of the rest of the mem-o„^ ° 
bers of the General Assembly, nov/ met at Charlestown for the south-west 
part of the said Province, and by the authority of the same, That all male 
persons, as far as the house of John Fogertie, inclusive, shall be liable, and 
are hereby made liable, towards the making, reparation, and mending of 
the highwa}', paths and bridges aforesaid, from the house of Colonel Robert 
Daniell, on Thomas's Island aforesaid, inclusive, to the house of the said 
Fogertie, inclusive, and towards the keeping the said bridge over the creek 
aforesaid, in good and sufficient repair, according to the direction of the 
commissioners, and under the same penalties, fines and forfeitures, as they, 
the said male inhabitants, are subjected and liable to, in and by the said 
recited Act, for their not making and mending high-ways. 

IL And be it further enacted by the authority aforesaid. That all male 
persons above sixteen years of age, inhabiting on the north-east side of 
Canhaw Bridge, as far as the plantation of John Fogertie, inclusive, shall, 



14 STATUTES AT LARGE 

•'^•'^•^"- Acta relating to Roads, Bridges and Ferries. 

at the equal cliarge and labor with the other persons hereinbefore made 
liable, support and keep the bridge aforesaid in repair, and make and mend 
the high-way aforesaid, for and during and until such time as the highway 
or road be made and cleared from Canhaw Bridge, tp the plantation of 
George Smith, sen., and to the plantation of the Right Honorable Sir Na- 
thaniel Johnson, Governor, on the sea side, and no longer. 

Read three times and ratified in open Asseinbly, 
this bth day of Nove?nber, 1709. 

N. JOHNSON, 
F. TURBERVILLE, 
THOS. BROUGHTON, 
THOS. SMITH, 
GEO. SMITH. 

Repealed by Act of 1721. 



No. 304. AN ACT for continuing the High Road from South Edisto River, 
TO the Islands of Port Royal and Saint Helena, and appoint- 
ing Bridges and Ferries in the said Road. 

For the more easy conjunction of the forces of tliis colony in times of 
war and danger, and for conveniency of business and commerce, 

I. Be it enacted, by his Excellency William Lord Craven, Palatine, and 
the rest of the true and absolute lords and proprietors of this Province, bv 

Roads, Bulges and with the advice and consent of the rest of the members of the General 
from sT'h^ Assembly, now met at Charlestown for the South-west part of this Pro- 
naandPort vince, and it is hereby enacted by the authority aforesaid, That with all 
Royal, to convenient speed, after the ratification of this Act, there be laid out, made, 

siepoo rner. g^j^^ ^^^^^ clear, one common high-way, sixteen foot wide, from the Islands 
of Saint Helena and Port Royal, to that part of Ashepoo River most con- 
venient for crossing the said river in the road to Charlestown, and that the 
said high-road be laid out by the advice and direction of the commissioners 
hereafter named. 

II. And be it further enacted by the authority aforesaid. That the com- 
missioners hereafter nominated and appointed, are hereby fully empowered 
to direct and appoint the making of such causeways, bridges and ferry boats, 
over such rivers, creeks and marshes, in the road aforesaid, as shall to 
them, or any three of them, appear to be convenient for rendering the said 
road passable and useful to the public as may be. 

III. And he it further enacted by the authority aforesaid. That each 
Ferries master or manager of such ferry as shall be appointed in the aforesaid road, 

shall, for the transportation of each passenger, take half a royal, and for 
each man and horse one royal, and no more. 

IV. Be it aho enacted hy the authority aforesaid. That Thomas Nairne, 
Commis.«iou- Esq., John Barnell, Esq., Mr. Henry Quintyne, Mr. Edmund Bellinger, 
^"' and Mr, Thomas Townsend, be, and they are hereby nominated and ap- 
pointed, commissioners for laying out, making, mending and keeping clear 



OF SOUTH CAROLINA. 15 

Acts relating to Roads, Bridges and Ferries. A, D. 1711. 

and in repair, the road, causics, bridges and ferries aforesaid, as they, or 
any three of them, shall think fit. 

V. And he it enacted by the authority aforesaid. That every person 
which shall molest, hinder or disturb the commissioners in performing any 
thing which they are empowered to do by this Act, or which shall, after 
the paths are laid out, hinder pcrsoiis to make use of, or that shall prejudice 
or spoil any part of the same, shall forfeit the sum of twenty-pounds, to be 
recovered by bill, plaint or information, in any court of record within this 
part of tiie Province, one moiety to be paid into the hands of the receiver, 
for the use of the p\d)lic, and the other half to him or them that shall sue 
for the same, wherein no protection or wager of law shall be allowed or ad- 
mitted. 

VI. Provided ahvays, and it is hereby enacted, That all ferries appoin- when persons 
ted by virtue of this Act, shall, in time of alarms, musters and divine ser "my pass the 
vice, be free to all persons that pass the said ferries ; any thing in this Act 

to the contrary notwithstanding. 

VII. knd be it further enactedhy the authority aforesaid. That the sum of 
one hundred and fifty pounds, current money of this Province, be paid out 
of the treasury of this Province, and the public receiver is hereby required 
to pay the same into the hands of the said commissioners, or any three of 
them, and they, or any three of them, shall lay out the said money in build- 
ing bridges, and making ferries and causies, on the road aforesaid. 

VIII. Be it likeimse enacted by the authority aforesaid. That if any of 
the said sum of one hundred and fifty pounds remain unexpended in the 
hands of the said commissioners, after building and making bridges, ferry 
boats and causies, on the road aforesaid, then the same remaining sum to 
be laid out by the direction of the persons above named, in clearing the 
most necessary parts of the road. 

IX. Be it further enacted by the authorit}' aforesaid. That if the above 
mentioned sum of one hundred and fifty pounds be deficient and fall short 
of making the bridges, ferry-boats, causies, and clearing and making the 
high-road aforesaid, then the same to be made, performed and kept clear, 
by the equal charges and labor of each male white person, or their male 
slaves, above the age of sixteen and under sixty, living to the west, south- 
west or south of any part of Ashepoo river, so far as the Savannah river, ex- 
clusive. 

X. And be it further enacted, That all parts of the high road appointed 

by this Act are hereby ordained to be made clear of all standing or Ivinof How road to be 

' - ~ made 

trees, brush and underwood, and over all creeks and brooks, strong sub- 
stantial bridges are to be made ; and that the bridges, water-courses, cau- 
sies and highways be made, done, kept clear and in repair, by the equal 
charges and indifierent labor of the persons before appointed to make and 
do the same. 

XI. Knd he it further enacted by the authority aforesaid. That a high- 
road, after the manner above mentioned, shall be laid out by the commis- Road from 
sioners aforesaid, or any three of them, from the nearest side of Ashepoo "- Edi^no^rivers 
ver to the bridge or fitest place of South Edisto river, exclusive; and the said 
higJi-road to be made and kept in repair by all male persons above sixtteen 

and under sixty years of age, to the west and south-west of South Edisto, 
as far as Ashepoo river, exclusive. 

XII. And- it is further enacted, That the commissioners aforesaid, or any 
three of them, are hereby empowered to appoint the times and places when 



\ 



16 STATUTES AT LARGE 

■^•'^ ^'^'" Acts relating to Roads, Bridges and Ferries. 

find where the aforesaid persons, or any of them, shall work ; provided, al- 
wajis, that no person do more than his equal share and proportion of the 
said labor, as near as can be computed. And the commissioners appointed 
Power of conifc'^s aforesaid arc hereby empowered to appoint and choose under themselves, 
missioners. such and SO many overseers as they, in their discretion, shall think needful ; 
and all persons concerned are hereby commanded, within three days after 
notice given by any of the said commissioners or overseers, to repair 
themselves, or so many working men in their stead, with so many days 
provisions, and such tools as they shall he ordered to bring with them, to 
the place appointed, and there do such labor as by the commissioners or 
overseers shall be directed ; and if any person, after notice given as afore- 
said, shall neglect or refuse to repair to the place appointed, and then and 
there to do such labor as their respective commissioners or overseers shall 
direct or order, the person so neglecting or refusing shall, for every day ne- 
glected or refused, forfeit the sum of five shillings; and if the person offend- 
ing be a free man and have no visible estate whereon to distrain, he shall 
be committed to prison until he pay the fine aforesaid, together with the 
charges of executing the warrant, 

XIII. Be it furllier enacted by the authority aforesaid, Ti)at the com- 
missioners above named, or any two of them, shall be empowered, and 
are hereby ordered, to issue out a warrant, directed to a constable, to dis- 
train the goods of any person, either for the delinquency of himself or male 
servants, slave or slaves, of the age aforesaid, and having appraised the 
same by two freeholders, to sell such distress, and therewith pay the dis- 
training, and shall detain likewise the sum of live shillings a day, for each 
person absent or neglecting his duty, as aforesaid ; and the overplus, if any 
be, shall return to the owners ; and all money raised by such fines shall be 
applied to the use of making or mending the highways aforesaid. 

XIV. That the road aforesaid be made as short and with as much ease 
and conveniency as possible. Be it enacted, by the authority aforesaid, That 
the commissioners above named, or any three of them, shall have power, 
and they are hereby empowered, to cut and direct the aforesaid highways, 
bridges, causies and water-coui'ses, in and through any land a4ready grant- 
ed or laid out, or to be laid out, to any person whatsoever, and to take 
from the same, and make use of for the service aforesaid, any timber, 
brush or earth, which they or the overseers shall think needful. 

XV. knd he it further enacted by the authority aforesaid. That the com- 
missioners above named, or any three of them, are hereby impowered to 
compound or agree with any one or more of the persons concerned, instead 
of his or their personal labor, to pay so muchfmoney for every day's work, 
as shall be agreed to, for eveiy day's work which otherwise he or they 
ought to have done ; and the same money to be employed to hire others to 
work on the highways, water-courses, causies or biidges aforesaid, all which 
are appointed by this Act to be finished and perfected within two years af- 
ter the ratification hereof; and every such commissioner who shall refuse 
or neglect to sign such warrants, within six months following, as are need- 
ful to put this Act or any part thereof in due execution, every such com- 
missioner shall forfeit twenty pounds, to be levied by a warrant of distress, 
under the hand and seal of the Right Honorable the Governor, directed to 
any one or more constables, to be disposed of by him or them to making and 
perfecting the road and bridges aforesaid ; and every person who, by any 
three of the commissioners, be appointed an overseer, and doth refuse oi' 
iieglect to perform the duty required of him by that place and charge, he 



OF SOUTH CAROLINA. 17 

Acts relating to Roads, Bridges and Ferries. A. 1). 1711. 

shall forfeit the sum of five pounds, to be levied and disposed of in the same 
manner and form, and to the same use, as the forfeitures in the former part 
of tliis Act. 

XVI. Be it further enacted by the authority aforesaid. That if any one or 
more of the commissioners appointed by this Act, shall neglect or refuse to pe„aity „„ 
perform (he charge and trust therein committed to him or them, after dis- commissioners 
tress made of tiie forfeitures aforesaid, the Right Honorable the Governor [yf=s'^^"""g 'J"" 
is desired and hereby empowered to appoint other commissioners, whom he 
shall judge more industrious and willing to perform that charge ; and every 
commissioner so appointed, which sliall neglect or refuse, for the space of 
three months after so appointed, to sign warrants for execution of what is 
enjoined him or them by this Act, shall forfeit the sum of twenty pound.s, 
to be levied and disposed of after the same manner, and to the same use, as 
the forfeitures of commissioners nominated in this Act are appointed. 
Read three times, and Ratified in o^jen Assembly, 
the tenth day of Nuoemher, 1711. 

ROBT. GIBBES. 

CHAS. HART. 

NICHOLAS TROTT. 

ROBT. DANIEL. 

SAM. EVELEIGH. 

Repealed by Act of 17!21. 



AN ADDITIONAL ACT TO AN ADDITIONAL AcT TO AN AcT ENTITLED 

AN Act for the cutting and making a Path out from the Road 
ON THE North side op Ashley River to the town of Wilton, 
IN Colleton county, and appointing Ferries on the said Road ; 
and to repeal three clauses or paragraphs in the said addi- 
TioNAL Act. 

WHEREAS, pursuant to an Act entitled "An additional Act to an Act 
entitled an Act for the cutting and making a path out from the road on the p,.g„,„ij|e 
north side of Ashley river, to the town of Wilton, in Colleton county," <k;c., 
ratified in open Assembly, the ninth day of April, in the year of our Lord 
one thousand seven hundred and six, a road or path has been laid out and 
making, from the north side of Ashley river to Wilton, in Colleton county, 
and several bridges made over the north and south branches ofStono river, 
and a ferry over Ashley river, for man and horse, at the respective charges 
of the several inhabitants on or near the several parts of the said road, all 
but the sum of one hundred and seventy pounds, as in the said Act is direc- 
ted and appointed. And whereas, amongst other things in the said recited 
Act contained, it is enacted that the said road, from South Stono to Wil- 
ton, be made, and from time to time, and at all times hereafter, mended, 
repaired and kept clear, by and at the equal ciiarges, industry and labor of 
the neighboring inhabitants along the said road ; and the road from north 
Stono to the ferry on Ashley river, be made, mended, repaired and kept 
clear, by and at the equal charges, industry and labor of the neigliboring 
inhabitants along that road; and from the north side of Ashley river, to the 
VOL. IX— 3. 



18 STATUTES AT LARGE 

A. D. 1711. Acts relating to Roads, Bridges and Ferries. 

Broad Path, on the said river, tlie said road should be made, mended, re- 
paired and kept clear, by the neighboring inhabitants thereabouts : and it is 
further enacted in and by the said recited Act, that if the sum required and 
wanted for the building of the said bridges and ferries, and making of the said 
causies, exceed the said sum of one hundred and seventy pounds, that then 
the overplus of the said sum shall be laid out and levied upon the inhabi- 
tants living on Ashley river, from Col. Robert Gibbes, his plantation, in- 
clusive, to the plantation of Thomas Elliot, inclusive, and so by all the in- 
habitants on both branches of Stono river, to Wilton. And ivhereas, it is 
further enacted, in and by the said recited Act, that the major part of the 
commissioners, in the same Act named, shall have power to agree with any 
one or more persons to make bridges and causies, and to make, mend and 
clear the said road or path ; and the monies which shall be wanting, over 
and above the said sum of one hundred and seventy pounds, shall be equal- 
ly taxed by the commissioners aforesaid, upon the head of every male 
person, whether the same be master, servant, free man or slave, living 
within the limits aforesaid, above the age of sixteen years. And whereas, 
it has been made appear to the General Assembly, that the said road or path 
from the south side of Ashley river, to the north-cast branch of Stono ri- 
ver, has been very grievous, burthensome and chargeable to the inhabi- 
tants who, by the said Act, are required to make, mend and repair the 
same, and has put them to so great and extraordinary expences and dis- 
bursements, that if they are not relieved it will tend to the impoverishing 
and undoing of many of them. 

I. Be it therefore enacted, by his Excellency William Lord Craven, Pa- 
latine, and the rest of the true and absolute lords and proprietors of the 
Pfi'ts ^f ■'^ct Province of Carolina, by and with the advice and consent of the rest of 
pealed.' ' ^'^^ members of the General Assembly, now met at Charlestown, for the 
south-west part of the said Province, (at the humble petition and request 
of the said inhabitants, on or near the said road from Ashley river to north 
Stono,) and by the authority of the same, That all and every the powers, 
privileges and authorities given and granted to the commissioners, or any 
five of them, in the above recited Act, or any clause, article, paiagraph or 
part thereof, or in and by any or either the before recited clauses or para- 
graphs, as far forth as the same or any of them relates or extends to the 
taxing and levying of any rates, duty or sums of money on the neighbor, 
ing inhabitants on the said road or path, from the ferry on Ashley river to 
the north-east branch of Stono river, or on any other persons liable to the 
making and repairing of the said road, or to the said commissioners, or any 
five of them, appointing or laying out any road or path from the north side 
of Ashley river to north Stono, aforesaid, or to their having appointed a 
ferry ; and the three several above recited clauses or paragraphs of the 
before recited Act, and all others relating to the said road or ferry, are 
hereby repealed, revoked and made void, to all intents and purposes, and 
shall, from henceforth, cease, determine and be of none effect; and that 
the powers and authorities given and granted in and by the said Act, to 
the commissioners therein named, or any five of them, shall not be put in 
execution or made use of by them, or any of them, for the making, mend- 
ing, ordering or appointing the said road or ferry; and they, the said com- 
missioners, or any of them, shall not be liable to or incur any pains, fines or 
penalties for their not acting or doing any thing to the said road or path, 
from the north side of Ashley river to north Stono, aforesaid; any matter, 
cause or thing in the said recited Act, or any other Act, contained, to the 
contrary thereof, in any wise notwithstanding. 



OF 80UT11 CAROLINA. 19 

Acts relating to Roads, Bridges and Ferries. A.I). J7]i. 

II. And he if. furelier enacted I)y the authority aforesaid, That Manly 
WiUiamsou sliall be sole commissioner, and he is hereby made, nominated, app„i„t^,j p^^. 
constituted and appointed, sole conunissioner for the making, mending, missioner to 
clearing and repairing a good, sullicient and convenient road or '''g^'^ay, j""||^'^ ^'^j"j' 
liom the Broad Path, on the north side of Ashley river, through his own livor Bmad 
plantation, late John Fieldls plantation, with a ferry over Ashley river, and 'Isitl" to Stono 
so to the north-cast branch of Stono river, as it is now laid out, which 

shall be and continue a common road forever hereaffer, unless otherwise 
directed by Act of Assembly. 

III. Aibd he it further enacted by the authority aforesaid. That the said 

Manly Williamson, (he performing all such matters and things as heroin- M Williamson 
after are enacted and required of him,) shall, from time to time, and at all^", Ashley "^^ 
times, during his continuing commissioner, as aforesaid, have full and free river, 
use of the ferry boat, now bui't at the public charge, and lying in Ashley 
river aforesaid, and take the same into his care and custody, and the 
same shall at all times keep in repair, at the end of the causway next 
Ashley river, aforesaid, with other conveniencies for the transporting or 
carrying any passengers or travellers whatsoever, over the said Ashley ri- 
ver, wliether on foot or horseback, or with cattle, hogs, sheep, or other 
things whatsoever; and the said commissioner shall, by himself or servants, 
constantly attend the said ferry at the end of the said causway, and shall, 
for his care and trouble therein, and to defray such charges as he shall be 
liable and put unto by this Act, have, demand, receive and take, to his own 
proper use and benefit, of and for every man, woman or child, passing and 
ferried over the said river, as aforesaid, half a royal ; and for man and 
horse one royal ; and for ox, cow or any neat cattle, one royal ; for a hog 
or sheep half a royal, and no more; and for every neglect of coming for 
any persons on the contrary side of the said river, or unreasonable delay 
in transporting any man or horse or things aforesaid, shall forfeit any sum 
n"ot exceeding forty shillings, to be recovered by the party grieved, for his 
own use, in such manner and form as by an Act for the trial of small and 
mean causes is directed and enacted. 

IV. Always provided, and he it enacted by the authority aforesaid, That 

the commissioner hereinbefore named and appointed, shall not have, de- „,, 

, , I ,. I- c who to pass 

mand or take any sum or sums of money of or from any man, woman or j^e ferrv free. 

child, their horses or servants, going to or coming from church, or going to 
or coming from musters or alarms; and for refusal, neglect, or any unrea- 
sonable delay, at all such times, in transporting or ferrying over any man 
or horse, he, the said commissioner, shall be under and liable to the penally 
aforesaid, to be recovered as aforesaid. 

V. And he it further enacted by the authority aforesaid. That the said 
commissioner shall, from and immediately after the ratification of this Act, ^vVf.^^''-^ '" 
at his own^ proper costs and charges, keep and preserve the causway Maish. 

up in the marsh adjoining to his own plantation, late John Field's, from 
time to time, and at all times during his being sole commissioner, as afore- 
said, in, by and with good and sufficient reparations and amendments, for 
the convenient, quick and safe travelling of man and horse ; and further, 
that the said commissioner shall, and he is hereby obliged, from time to 
time, and at all times during his being commissioner, (which he shall not Road from 
cease to be, but by an Act of the General Assembly,) at his like costs and g^^^^^ypj^'j^^^''^^ 
charges, make, mend and repair, and keep mended, repaired and cleared, stono river.' 
with good and suflicient and constant reparations, a common road or path, 
from the Broad Path, on the north side of Ashley river, to the bridge over 






& 



20 STATUTES AT LARGE 

^•^"'^^'- Acts relating to Roads, Bridges and Ferries. 

the north-east branch of Stono river, at least sixteen feet wide, (cxcet»'l 

Present land- ■ i_- i i n i • ^ , • i \ ^ , ^ . , , ^ . ' 

ing place and causies, which shall be SIX feet wide.) for the safe, quick and convenient 
road continu- travelling of man and horse, in such places, and through and by such lands^ 
*^'" as the said commissioner shall think fit ; and that the now landing placCy 

on the south side of Ashley river, and the road through the land of Mr- 
Shem Butler, in the possession of David Ferguson, Cordweighner, shall be 
and continue the road and landing place forever. 
Penalty for oh- VI. And he it further enacted hy the authority aforesaid, That if any 
^""l '&," *^^ person or persons whatsoever, by themselves^ slaves or servants, shall, by 
any ways or means, stop up or obstruct the passage on the road aforesaid^ 
or hinder, forbid or threaten the said commissioner, or any traveller or pas- 
senger, from travelling the road or landing at the place aforesaid, or shall 
hinder, forbid or oppose the said commissioner, himself, servants or work- 
men, from cutting down, falling or making use of any timber or trees in or 
near the said road, for mending, making or repairing the same, as afore- 
said, or for making use of any earth of their respective lands, for the pur- 
poses aforesaid, shall, for each and every such offence, forfeit the sum of 
fifty pounds, to be recovered by the said comm^oner, by information in 
any court of record ; and the monies so recovepcl to be by him disposed 
of for the reparation of the said road. f 

VII. And he it further enacted by the authority foresaid. That no other 
Ferry vested P^*"^*^" ^'^ persons, except the commissioner aipresaid, shall transport, ferry 
jn i>l. William- ot" carry, by him or themselves or servants, a*ny person or persons over the 
son, ex.ilusive- river aforesaid, for any fee, promise or resS'^gird whatsoever, on the penalty 

^' oi' forfeiture of the sum of forty shillings, to be recovered before any jus- 

tice of the peace, as is directed by the Act of small and mean causes ; nor 
shall any such person or persons, when they do transport or ferry any per- ' 
son over the said river, land them on the causway aforesaid, on the said 
river, which is to be repaired at the sole charges of the said Manly Wil- 
liamsori, under the same penalty. 

VIII. And be it further enacted by the authority aforesaid, That the said 
common road or path shall be mended, cleared and finished, for the pur- 

?I*gyve'bmid'"P*^^^^ aforesaid, by the said sole commissioner, some time before the twen- 
ty-fifth day of November, Anno Domini 1713; and that the said commis- 
sioner herein appointed by this Act shall, within thirty days after the ratifi- 
cation hereof, enter into bond, with one or more suflicient securities, to the 
public receiver, for the use of the public, in the sum or penalty of five hun- 
dred pounds, current money, with condition thereunder written, that if the 
said Manly Williamson, sole commissioner, appointed by an Act entitled 
"An additional Act to an additional Act to an Act for the cutting and ma- 
king a path out from the road on the north side of Ashley river, to the town 
of Wilton, in Colleton county," &c., shall and do, from time to time, and|9| 
at all times during his being commissioner, as aforesaid, at his own proper "^ 
costs and charges, well and sufficiently repair, amend and keep, support and 
maintain, the causway now thrown up in the marsh on Ashley river, ad- 
joining to the plantation of the said Manly Wilhamson, as also the ferry- 
boat on the said siver, with good, sufficient and necessary reparations and 
amendments, whatsoever. And moreover, if the said Manly Williamson 
shall and do, at his like proper costs and charges, some time on this side 
the saidtwenty-fifthday of November, 1713, make, clear and finish, a good 
and sufficient common road or path, at least sixteen feet wide, from the 
south side of Ashley river to the bridge over the north-east branch of Stono 
river, for the safe, quick and convenient travelling and passing of man and 



OF SOUTH CAROLINA. 21 

Acts relating to Roads, Bridges and Ferrirs. AJ). I7il. 

horse ; and do, likewise, from time to time, and at all times during his con- 
tinuing connnissioner, as aforesaid, at his hke proper costs and charges, 
well and sufllciently mend, repair and keep clear the said road or path, ac- 
cording to the purport, form and efiect of the said Act, then this obligation 
to be void and of none etfect, or else to remain in full force and virtue, un- 
der the forfeiture of the sum of one hundred pounds, current money, to be 
recovered by the public receiver, for the use of the public, by action of 
debt, in any court of record in this Province, wherein no protection or de- 
lay or injunction shall be allowed or admitted of. 

IX. Provided also, and he it further enacted by the authority aforesaid, 
That the inhabitants who, by the before mentioned Act, arc or ought to be Who liable to 
liable to the ihaking", mcndi'ng and reparation of the said road or '''gh- J^'s ofthe'said 
way, from the said north side of Ashley river, to the north-east side of mad and fer- 
tile bridge over Stono river, shall be, and are hereby, subjected to the "es. 
payment, not only of the charges and expences as the commissioners in 
the before recited Acts, or either of them, have been at and put unto, pur- 
suant to the said Act, or shall be judged to be due by the Houser^of 
Commons, or a committee thereof, for the time being, for the purposes 
aforesaid, but to all other reasonable charges and expences which shall 
be thought allowable and payable to the said Shem Butler, upon the ac- 
count of the said ferry over Ashley river, by the said House of Com- 
mons, ov a committee thereof; any thing in this or any the before men- 
tioned Acts to the contrary in any wise notwithstanding. 

Read three times and ratified in open Assenibly, 
the tenth day of November, 1711. 

ROBT GIBBES, 
CHAS. HART. 
NICHOLAS TROTT, 
ROBT. DANIELL, 
SAM. EVELEIGH. 

Repealed i)y Act of 1721. 



AN ACT FOR THE APPOINTING A FeRRY OVER THE EASTERN BRANCH No. 315. 
OF THE T OF CooPER RiVER, AND FOR THE MAKING OF CaUSWAYS, 

Landings and Bridges, for the better conveniency of said 

FERRY. 

For the more easy conjunction of the forces of this Colony, in times of 
war and danger, and for the conveniency of business and commerce, 

I. Be it en,acted, by his Excellency, the Palatine, and the rest of the 
true and absolute Lords and Proprietors of this Province, by and with the 
advice and consent of the rest of the members of the General Assembly, 
now met at Charlestown for the south-west part of this Province, and by 
the authority of the same. That with all convenient si)eed, after the ratifi- 
cation of this Act, there be laid out, made and kept clear, one common ^T' '^ ^'^ i 

1 • 1 • i\ z 1 i ■ , 1 ^ ,1 1 1 , , made throuffl 

highway, in the nearest and most convenient place, from the broad path (hat Lynch's " 



22 STiiTUTES AT LARGE 

A. I). 1712. jicts relating to Roads, Bridges and Ferries. 

leads from the plantation commonly called Clowter's plantation, to the 
neuu'Tluntlin"" H*^"*^i'^t)'^ ^''" Nathaniel Johnson's plantation, called Silk Hope; the said 
path or highway to lead through Captain Johnson Lynch his swamp, lying 
on the eastern branch of the T of Cooper river, over to the landing of An- 
thony Bonnean, that plantation being the most convenient for crossing the 
said river, in the road to the ferry on the western branch of the said T of 
Cooper river ; and that the said high road be laid out by the advice and di- 
rection of the commissioners hereafter named, or any three of them. 
n. And be it further enacted by the authority aforesaid, That the cora- 
„ f missioners hereafter nominated and appointed, or any three of them, are 

missioners. hereby fully empowered to direct and appoint the making of such caus- 
ways, bridges and ferry boat, over the said branch of the T, and the creeks 
and marshes in the road aforesaid, as shall, to them, or any three of them, 
appear to be convenient for rendering the said road as passable and useful 
to the public as may be, and to agree with any person or persons for the 
making, mending, and repairing of the said bridges and causways. 

IIT. And be it further enacted by the authority aforesaid. That the said 
commissioners, or any three of them, shall have power, and they are here- 
^'^^^' by empowered, to name and choose the master or manager of such ferry, as 

shall be appointed in the aforesaid road, who shall lawfully take and de- 
mand, for the transportation of each passenger, one half royal, and for 
man and horse, one whole royal, and no more. 

IV. Be it also enacted by the authority aforesaid. That John Ashbey, 
Commissioners Esquire, Peter Jacob Guerard, Esquire, Mr. Benjamin Simons, Mr. John 

Black, Mr. Anthony Bonneau , and Mr. Charles Hays, or any three of them, 
be, and are hereby, nominated and appointed commissioners for the laying 
out, making, mending, keeping clear and in repair, the road, causways, 
bridges and ferry aforesaid, as they, or any three of them, shall think tit. 

V. And be it enacted by the authority aforesaid, That every person 
Penalty for ob- which shall molest, hinder or disturb the commissioners, or any other person 
stnictmg the ^,^{\\x vvhom they shall agree to make and mend the said roads, and perform- 
ing any thing which they are empowered to do by this Act, or which shall, 
after the path is laid out, hinder persons to make use of, or that shall pre- 
judice or spoil any part of the same, shall forfeit the sura of twenty pounds ; 
to be recovered b)' bill, plaint or information, in any court of record within 
this part of the Province, one moiety to be paid into the hands of the re- 
ceiver for the use of the public, and the other half, to him or them that shall 
sue for the same, wherein no protection or wager of law shall be allowed or 
admitted. 

VL Provided ahvays, and it is hereby enacted, That the said ferry 
Fcrrv when to 'M^P*-*^"^*^*^^ ^y virtue of this Act, shall, in times of alarms, musters and di- 
be free. vine service, be free to be made use of by all persons, for themselves, hor- 

ses and slaves, without fee or reward ; any thing herein contained to the 
contrary in any wise notwithstanding. 

VH. Provided also, and it is hereby enacted by the authority aforesaid. 
That if the said master or manager of the said ferry, shall neglect or refuse 
master of the Coming for any persons on any opposite side of the said river, or shall un- 
ferry for'ncg- reasonably delay the transportation of any man or horse, shall forfeit any 
sum not e.xceeding twenty shillings ; to be recovered by the party grieved, 
for his own use, in such manner and form as by the Act of small and mean 
causes is directed. 

VHI. And be it further enacted by the authority aforesaid. That the said 
commissioners, or any three of them, shall have power, and they are here- 
by empowered, as often as occasion be, to fall, cut down and make use of, 



tect, 



OF SOUTH CAROEINA. 23 

Acts rvlativg to liocuh, Bridges and Ferries. A. 1). 1712. 

any cedar or cvi>rcss, timber and posts, or any other wood, on firm land or 
in the swam[) ol Caplani Lynch ii foresaid, or any other p(;rson s tlirouga j^i^ ^^^ jj^_ 
whose land the road may be carried by this Act, as well for the making ofber, earth, &.c. 
the necessary caiisways, bridges .and landings aforesaid, as for tlie keeping 
the same in repair, so that there be no unnecessary waste made, and so that 
the distance for falling of the said timber and wood in the aforesaid swamp, 
do not exceed three hundred feet wide on each side the causvvays to be 
made through the said swamp; and if any person or persons shall hinder, 
forbid, or oppose the said commissioners, or any three of them, or their 
servants or workmen, from cutting down, falling, or making use of, an)' of 
the said timber, wood or posts, in or near the said road, causway or ferry, 
within the limitation aforesaid, for the purposes aforesaid, or from making 
use of any earth ofl' their respective Innds, for the making, mending, and 
repairing the said causways and bridges, shall, for each and for every such 
offence, forfeit the sum of fifty pounds, current money of this Province ; to 
be recovered by the commissioners, or any three of them, in any court of 
record, and the money so recovered, to be by them disposed of for the mak- 
ing and repairing the said road and ferry. 

IX. And be it further enacted b}' the authority aforesaid, That the sum 

of forty pounds', current money of this Province, be paid out of the treasu-^j^'*!^'""!'"'^' 
ry of this Province, and the Public Receiver is hereby required to pay the 
same into the hands of the said commissioners, or any three of them, and 
they, or any three of them, shall have power to lay out the said money in 
making and building the bridges and ferry boat and causways aforesaid ; 
and the said commissioners are hereby required and directed to keep a fair 
and true account of their disbursements of said sum, and render their ac- 
count thereof to the receiver for the time being, when requested. 

X. Andbe it further enacted by the authority aforesaid. That the sum 

of sixty pounds more than the said sum given and allowed for the purposes •^''p P''""<|j' t" 
aforesaid, by this Act, shall be levied, rated and collected, recovered and 
gathered, by the commissioners or any three of them, by warrant of dis- 
tress, if occasion be, on all male persons, free men, servants and slaves, 
above the age of sixteen years, from the plantation of Richard GritTin to 
Matthew Tullado, so to Peter Johnson, to John Russ, so to David Bache- 
lor, so to Solomon Bremar's cow-pen, settled at a place called the Bull-head, 
so to the plantation of John Ashby, Esquire, the aforesaid plantation to be 
inclusive, and to include the several plantations settled, or to be settled, be- 
tween the aforesaid plantation of the eastern branch of the T of Cooper 
rriver, as also, between the aforesaid plantation, and that part of Cooper 
river that lies between the T of said river, and a creek called Tullado Creek. 

XI. knd he it further enacted,, That for the constant keeping the said 
causways, bridges, and ferries in repair, the sum of fifty pounds, or any 
sums not to exceed the said sum, for ever}' seven years, be levied and reco- 
vered and gathered by the commissioners aforesaid, on the inhabitants 
above and before mentioned, in manner aforesaid. 

Read three times and ratified in open Assembly, 
the seventh day of June, Anno Dom. 1712, 

CHARLES CRAVEN, 
CHARLES HART, 
ARTHUR MIDDLETON, 
THO. BROUGHTON. 
RICHARD BERRESFORD, 
SAM. EVELEIGH. 

Repealed by Act of 1721. 



24 STATUTES AT LARGE 

A. D. 1712. j[cts relating to Roads, Bridges and Ferries. 

No. 316. -^^ ACT FOR BUILDING AND ERECTING A BrIDGE AND CaUSWAY OVER 

THE River at the Landing of Mr. William Stanyarne ; and 
ONE other Bridge and Causway, from the Landing of Mr. Thos. 
Seabrook, to the land of Madame Elizabeth Blake, over Wad- 
MALAW River. 



Preamble. 



WHEREAS, the inhabitants of St. John's Island, and the inhabitants 
of Wadnialaw, Bohickett, and other southern settlements, by their peti- 
tions to the General Assembly, have set forth, that for want of convenient 
bridges, they are greatly interrupted in their communication with adjacent 
parts, and are kept from the worship of God, and attendance at musters 
and alarms — to prevent which inconveniences for the future, 

L Be it therefore enacted, by his Excellency William Lord Craven, Pala- 
Bridges to be tine, and the rest of the true and absolute Lords and Proprietors of this 
made at Stan- Province, by and with the advice and consent of the rest of the members of 
Blake's. the General Assembly, now met at Charlestown for the South-west part of 

this Province, and by the authority of the same, That the commissioners 
hereafter named, or any three of them, are hereby fully empowered and 
required, with all convenient speed, to direct and appoint a bridge and 
causway to be made and set up, from the landing of Mi". William Stan- 
yarne, over that river, or the most convenient place thereabouts; and one 
other bridge and causway, from the landing of Mr. Thomas Seabrook, to 
the land of Madame Elizabeth Blake, over Wadmalaw river. 

IL And he it further enacted by the authority aforesaid. That Colonel 
Commissioners "^^'^^ Fenwick, Captain Arthur Hall, Mr. John Stanyarne, Mr. Hugh 
Hicks, -sen., and Mr. Samuel Davis, or any three of them, be, and are 
hereby nominated, commissioners for laying out, erecting and building 
the bridges and causways, and keeping clear and in repair, the said bridges 
and causways leading thereto. 

HL And he it further enacted. That the sum of eighty pounds, current 
£!J0 appropriu- money of this Province, be paid out of the public treasury of this Province, 
^^'^' towards defraying the charges of the said bridges and causways, and the 

public treasurer is hereby required to pay the same into the hands of the 
said commissioners, or any three of them, and they, or any three of them, 
shall lay out the said money in building and erecting the said bridges and 
causways, in equal proportion. 

IV. And he it further enacted by the authority aforesaid. That if the 
Assessment, above mentioned sum be deficient, and fall short of defraying the charges 

of building the said bridges and causways, that then, the same bridges ai^d 
causways shall be built, performed, finished, and kept in repair, by an 
equal assessment to be laid and levied by the commissioners aforesaid, or 
any three of them, upon the inhabitants living on Wadmalaw, Bohickett, 
and St. John''s Island. 

V. And he it further enacted, That the said commissioners, or any three 
Powers of com- of them, shall have power, and they are hereby empowered, to agree with 

any one or more persons to make the said bridges and causways, and the 
monies which, by such agreement, shall be wanting, over and above the 
said sum of eighty pounds paid out of the public treasury, for defraying 
the charges of the same, shall equally be laid by the comqiissioners afore- 
said, or any three of them, upon the head of every male person, whether 
the same be master, servant, free man, or slave, living within the limits 
aforesaid, above the age of sixteen years; and the money so taxed and 



OF SOUTH CAROLINA. 25 

Acts relating to Roads, Bridges and Ferries. A. D. I7ii>. 

raised, by any one or more persons appointed, by an order under the hands 
of the said commissioners, or any three of them ; and in case of non-pay- 
ment, distress shall be made upon the goods and chattels of such person or 
persons who shall refuse to pay the same, for his ot their part thereof, by 
any constable thereunto required, by a warrant under the hands and seals 
of the said commissioners, or any three of them, who are hereby empow- 
ered to issue forth and grant the same ; and the distress so made shall be 
sold within three days, after notice tiiercof being first given to the person 
from whom the distress was made, of the time and place where the goods 
and chattels distrained are to be sold ; and the overplus, after the assessment 
and charge of distress is paid, shall, by the constable aforesaid, be return- 
ed to the owner thereof; and every master, or head of every family, shall 
pay for every contracted servant or slave as aforesaid, belonging to his re- 
spective family. 

VI. And be it further enacted; That the said commissioners, or any ,. 
three of them, appointed as aforesaid, shall have power, and they are here- jjcr, &c. 
by empowered, to cut down and make use of any timber, wood, brush, or 
earth, lying most convenient, which they, or the person or persons with 
whom they shall agree as aforesaid, shall think needful, for building the 
bridges and making the causways aforesaid, and accomplishing the same ; 

and shall direct and make the causways leading to the said bridges, through 
any land already run out or to be run out. 

VII. And he it further enacted by the authority aforesaid. That in 

case any of the commissioners aforesaid shall happen to die or go off this yj^(.j^„pigg j^g^ 
Province, or shall refuse or neglect to do his duty, as by this Act is directed to be filled. 
and required, that then the Honorable the Governor, or the Governor for 
the time being, is hereby authorized and empowered to nominate and 
appoint such other person or persons as he shall think fit, to be commis- 
sioner or commissioners, in the stead and place of him or them so deceased 
or going off, or that neglects or refuses to perform his duty, as aforesaid ; 
which said commissioner or commissioners, so nominated and appointed by 
the Governor as aforesaid, shall have all the power and authorities as if he 
or they were nominated and appointed by this Act. 

Read three times, and ratified in open Assembly, 
the seventh day of June, Anno Dom. 1712. 

CHARLES CRAVEN, 
CHARLES HART, 
ARTHUR MIDDLETON, 
THO. BROUGHTON, 
RICHARD BERRESFORD, 
SAM. EVELEIGH. 

Repealed by Act of 17~'l. 



VOL. IX— 4 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

AN ADDITIONAL ACT TO THE SEVEKAL AcTS FOR BIAKING AND REPAIR- 

ING OF Highways. 

WHEREAS, several commissioners appointed for making and mending 
highways, are either dead, neglect, or refuse to perform that duy — 

I. Be it enacted, by his Excellency the Palatine, and the rest of the 

Comm'is. of ^'""^ ^""^ absolute Lords and Proprietors of Carolina, together with the rest 

highways to be of the members of the General Assembly, now met at Charlestown for the 

appointed. south-west part of this Province, That the Right Honorable the Governor 

shall have power, and he is hereby empowered and prayed, to nominate 

and appoint fit persons for commissioners for highways, in every part of 

this Colony where highways have been enacted to be laid out ; and the 

same persons so nominated shall have the same power and authority, and 

be under the same restrictions, as if they were expressly appointed by this 

Act. 

n. Be it enacted by the authority aforesaid. That the road from Charles- 
Road from town to Turkey Creek shall be repaired and made, every where, twenty 
Turke'y creek! ^^^^ wide, at the equal charge and labour of all male persons who are, or 
have been, obliged to make or repair the said road; and that Charles Hart, 
Esquire, Colonel William Rhett, Colonel Hugh Grange, Henry Wiginton, 
Esquire, and Mr. Ralph Izard, or any three of them, be commissioners for 
that purpose. 

HI. And be it likewise enacted by the authority aforesaid, That the road 
From Turkey from the creek commonly called Turkey Creek, to the swamp commonly 
'^jj^^^^^^'^o-- called Baker's Swamp, shall be repaired and made, every where, twenty 
feet wide, at the equal charge and labor of all persons who are, or have 
been, obliged to make or repair the said road ; and that Arthur Middleton, 
Esquire, Captain Benjamin Skencking, Captain James Moore, and Capt. 
George Chickin, or any three of them, be commissioners for that purpose. 

IV. Be it likewise enacted. That a passage at the place commonly called 
New cut be. New Cut, betwixt the heads of Stono and Wadmalaw Rivers, shall be 
andTvadraa- ^"* ^^ ^'^°'"' ^^^ ^^'"^^^ ^^ conveniently can be, at least twelve feet wide, 
law, to be made and six feet deep ; and another passage commonly called Watt's Cut, nigh 
10 feet wide. Edisto Island, shall be cut at least ten feet wide and six feet deep, both at 

the equal charge and labor of every male person, from sixty to sixteen years 
of age, as well whites as slaves, living any where in this Province to the 
southward of the head of Stono river ; and that Landgrave Joseph Morton, 
Major Abraham Eve, Mr. James Cochran, Captain Arthur Hall, and Mr. 
John Connaway, or any three of them, be commissioners for laying out, 
ordering and directing, the cutting the two creeks aforesaid ; and that the 
said commissioners, or any three of them, shall have the same power, and 
be under the same restrictions, in relation to what they do about the creeks 
aforesaid, as any commissioners for cutting creeks or making highways, 
ever had or now have, by any law of this Province. 

V. Be it liketcise enacted by the authority aforesaid , That the head of 
Wapoo cut to Wapoo Creek, going into Stono river, be cut and made sufficiently wide, 

e made wider, ^j^ ^^^^^ ^ ^^^^ cxG<dk more convenient be cut, from the head of Wapoo into 
Stono river, at the discretion of the commissioners hereafter named ; and 
that the creek so cut shall be made ten feet wide and six feet deep, at the 
equal charge and labor of all male persons, as well whites as slaves, living 
from New Cut, on the head of Stono River, to the plantation of Colonel 
Robert Gibbes, inclusive, that is, all the inhabitants of Stono Island, ex- 
cept such who arc appointed by Act of Assembly to cut New Town Creek, 



OF SOUTH CAROLINA. 27 

Acts relating to Roads, Bridges and Ferries. A- D. 1712. 

and of that part of the continent opposite to the same, who either have 
landings, or usually cart to landings, upon any place of the branch or creek 
of Stono river or VVapoo creek ; and that Colonel John Fenwick, Mr. 
John Godfrey, Captain Thomas Elliott, Mr. John Williamson, and Mr. 
John Stanyarne, or any three of them, be, and are hereby, appointed for 
cutting the same. 

VI. Be it farther enacted by the authority aforesaid, That a high road 
be laid out from the plantation of Thomas Pcrriman, to the Church at Rood from 
Goose Creek, and that a bridge be made on the same road over Goose l^'^''"'"?,"''' ^° 
Creek, in some convenient place about the plantation of Landgrave Thos. church, and 
Smith, and that the said road and bridge be made at the equal charge and 'jn<lge over 
labor of each male person at the age aforesaid, living betwixt the said road ^^^^ '^^^'^ ' 
and Cooper river, as far as the plantation of Mr. Francis LeBrasseur on 
Forster''s Creek, exclusive ; which persons are hereby directed to be freed 
and discharged from all other labor and expense upon any other high road, 
any law to the contrary notwithstanding ; and that Landgrave Thomas 
Smith, Colonel Hugh Grange, Mr. John Harbert, and Mr. Samuel Wragg, 
or an)^ three of them, are appointed commissioners for making the high- 
way and building the bridge aforesaid ; and that the said commissioners 
shall have the same powers, and be under the same restrictions, as any 
other commissioners for making highways now have in any part of this 
Province. 

Vn. Be it further enacted, by the authority aforesaid. That a high 
road be made from the plantation of Major Abraham Eve to Wilton, at |^"^'l ^'^°wi 
the equal charge and labor of all male persons, as well whites as slaves, ton. 
living to the south-west side of Toogedoo Creek, as far as South Edisto 
river, and below the high road going from Wilton to the ferry; and that 
Major Abraham Eve and Mr. John Dedcott, be appointed commissioners to 
make the same; and that the said commissioners shall have the same pow- 
ers, and be under the same restrictions, as the commissioners above men- 
tioned. 

Vin. Be it further enacted by the authority aforesaid. That a common 
highway shall bo made and laid out, from the end of the bridge over South j^^^j^ '^^^i° 1^ 
Edisto river, to the most convenient place of the highway from the ferry to bridge over So. 
Wilton ; and that the said highway, with the causways and water-courses ^'^'®''* ^^ ^^''■ 
therein, shall be made after the same manner as in several Acts for making 
highways is directed, and at the equal charge and labor of each male per- 
son, as well whites as slaves, betwixt the age of sixteen and sixty vears of 
age, inhabiting to the north and north-west side of the high road from Wil. 
ton to the bridge nigh Captain Thomas Elliott's plantation, and of all those 
persons inhabiting within a mile of the south-west side of South Edisto • 
river ; and the persons aforesaid are hereby freed and discharged from any 
other charge or labor on any other highway whatsoever ; any law to the 
contrary notwithstanding. 

IX. Be it further enacted by the authority aforesaid. That Mr. John 
Jackson, Mr. James Rixam, Mr. John Wliitmarsh, jr., and Mr. John^"" 
Williamson, or any three of them, shall be conmiissioners for making the 
high road aforesaid, and shall liavc the same powers, and be under the 
same penalties, as the commissioners are for making the high roads from 
South Edisto river to Port Royal. 

X. Be it further enacted by the autliorily aforesaid, That it shall be 
lawful for any commissioners for making highways, bridges, catting of 
Greeks, to make use of any timber most convenient for the said work, or 



jnimissioners 



28 



STATUTES AT LARGE 



A. D. 1712. 



Acts relating to Roads, Bridges and Ferries. 



any part of it; and that if any person whatsoever, molest or hinder the 
said commissioners, or those appointed by them, to make use of or cut 
any trees or timber for that purpose, he shall forfeit and pay the sum 
of fifty pounds ; to be sued for and recovered by the said commission- 
ers in any court of record of this Province ; and that the said sum to 
be applied to the making and repairmg the bridges or highways in the 
precinct where the oifence is committed. 

XL Be it furtJier enacted, That all the commissioners for highways 
Commissioners in this Province, shall have power, and they are hereby empowered, ei- 
clmtKicts''"'^ ther to follow the method prescribed by the several Acts for making high- 
ways, or to agree with any person or persons in the several parts to 
make or repair the highways, or any part of them, within the said several 
bounds, and for payment thereof, to lay an equal tax upon every male per- 
son, as well whites as slaves, within their respective bounds. 

XIL Be it likewise enacted by the authority aforesaid. That if any per- 
Assessment. son refuses or neglects to pay the said tax, when demanded by warrant 
under the hand and seal of the commissioners, or any three of them, he or 
they refusing or neglecting, shall be liable to the same tines and forfeitures 
as those are who neglect or refuse to come or send their slaves to the high- 
ways when duly summoned ; and the commissioners shall have the same 
power of recovering the said tax, by distraining or otherwise, as they have 
in the other highway Acts, in case of any person's refusal or neglect to ap- 
pear and do his duty when summoned. 

XIIL Be it further enacted, That if any constable refuse or neglect to 
Constable's execute any warrant directed to him by any the commissioners for making 
duty. highways, bridges, or causways in this province, for doing any thing re- 

quired to be done by any Act for making highways, bridges or causways, 
such constable, for every such offence, shall forfeit and pay the sum of five 
pounds, for the use of the highways ; to be levied by warrant under the 
hand and seal of the Right Honorable the Governor, upon application made 
to him for that purpose. 

Read three times and ratified in open Assemhly, 
the seventh day of June, Anno Dom. 1712. 

CHARLES CRAVEN, 
CHARLES HART, 
ARTHUR MIDDLETON, 
THOS. BROUGHTON, 
RICHARD BERRESFORD, 
SAM. EVELEIGH. 

Repealed Iiy Act of 172J, 







-^T— ^-;^'' 




'ry 



^ ~> ? ^ i^-y-^^-y 7 ^ 





OF SOUTH CAROLINA. 29 

Acts relating to Roads, Bridges and Ferries. 

AN ADDITIONAL ACT TO AN AcT ENTITLED " An AcT lOR BUILDING 
AND EUECTING A BrIDOE AND CaUSWAY OVER THE RiVER AT THE 

IjANding or Mr. William Stanyarne; and one other Bridge or 
Causway, from the Landing or Mr. Thomas Seabrook, to the 
land of Madame Elizabeth Blake, over Wadmalaw River." 

WHEREAS, by one Act of Assembly of tbis Province, duly ratified in 
open Assembly, the seventh day of June, in the year of our Lord one thou- Bridges over 
sand seven hundred and twelve, entitled "An Act for buii(Hng and erecting ^^''"^"''^^^^^• 
a bridge and causway over the river at the landing of Mr. William 
Stanyarne ; and one other I)ridge or causway, from the landing of Mr. 
Thomas Seabrook, to the land of Madame Elizabetli Blake, over Wadma- 
law River," among other things it was enacted, that the commissioners 
therein mentioned, be empowered to appoint a bridge and causway from 
the landing of Mr. William Stanyarne, over the said river, or the most con- 
venient place thereabouts; and tokereas, the said commissioners have fixed 
the said bridge about a mile and a half higher than the said Mr. William 
Stanyarne 's landing, as the most convenient place, and accordingly have 
made the causway to the said place. Now for the avoiding all disputes and 
doubts concerning the same, 

L Beit enacted, by the most Noble Prince Henry Duke of B(;aufort, 
Lord Palatine, and the rest of the true and absolute Lords and Proprietors 
of this Province, by and with the advice and consent of the rest of the 
members of the General Assembly, now met at Charlestown for the south- 
west part of this Province, and by the authority of the same, That at that 
part of the said river to which the said causway adjoins or comes to, shall 
be the place for the said bridge to be built. 

H. And whereas, by the said Act it was further enacted. That another 
bridge and causway should be made from the landing of Mr. Thomas Stono Bridget 
Seabrook, to the land of Madame Elizabeth Blake, over Wadmalaw river, 
which is found inconvenient, and that it would be better to have the said 
bridge to be built over the said Wadmalaw river, to be placed at the land- 
ing of Captain William Williams. Be it therefore further enacted by the 
authority aforesaid. That the .said bridge and causway appointed by the 
said Act to be made from the landing of the said Mr. Thomas Seabrook, 
to the land of Madame Elizabeth Blake, over the said Wadmalaw river, 
shall be made from the landing of the said Captain William Williams, 
directly over the said river ; any thing in the above mentioned Act to the 
contrary hereof in any wise notwithstanding, 

HL And tvhereas, by the said recited Act it is enacted. That the sum of 
eighty pounds to be paid out of the public treasury to the commissioners of 
the said Act, towards building and erecting the said bridges and causways, 
should be laid out in equal proportion ; and whereas, Stono bridge will cost 
far more money than Wadmalaw bridge; — Therefore he it further enacted 
by the authority aforesaid, That fifty pounds, part of the said eighty 
pounds, shall be laid out ^towards building of the said Stono Bridge, and 
that the remaining forty, shall be paid and disposed towards the building of 
Wadmalaw Bridge. 

IV. And tvhereas, by the said recited Act it is enacted, That the com- 
missioners of the said Act be empowered to agree with anv one or more l'?*^?"" o*^ com- 

, 1-1 • 1 1 • 1 , ^ 1 1 ^ • missioners. 

persons to make the said bridges and causways, and the money wanting 
after the said eighty pounds, required to be levied by order of the said 
commissioners upon the inhabitants living within the limits — that is to say, 



30 STATUTES AT LARGE 

AA).l7V-i. Acts relating to Roads, Bridges and Ferries. 

the inliabitants of St. John's Island, and the inhabitants of Wadmalaw, 
Bohickett, and the other southern settlements ; <it\A w7iereas , hy experi- 
ence, it is thought more reasonable and convenient, that the building and 
keeping in repair of the said bridges, should be at the charge of the par- 
ticular inhabitants living near the said bridges, as more properly belonging 
to them ; and also, that the said causways should be made at the equal 
labor of the male inhabitants, servants and slaves. Be it therefore enacted, 
That the charge of building and keeping in repair of Stono Bridge, over 
and above the fifty pounds received as part of the said eighty pounds given 
by the public, shall be paid and borne by the inhabitants of Stono Island ; that 
is to say, upon the south side of Stono river, and the south-east side of Bohick- 
ett creek, and so along the sea side, including Ceyawah Island ; and that the 
charges of building and keeping in repair of the said Wadmalaw Bridge, 
after the said thirty pounds given by the puiilic, shall be paid and borne by 
the inhabitants of Wadmalaw Island ; that is to say, on the south and 
west side of Wadmalaw river, and so down the north-west side of Bohickett 
creek ; the said charges of building and keeping in repair the said bridges, 
to be laid and levied by the commissioners hereafter named and appointed 
by this Act, on the said inhabitants, to be equally taxed upon the head of 
every male person, whether the same be master, servant, free man or slave, 
living within the limits aforesaid, above the age of sixteen years; the mo- 
ney to be levied by any one or more persons, appointed by an order under 
the hands of the said commissioners, or any three of them ; and in case of 
non-payment, distress shall be made upon the goods and chattels of such 
person or persons who shall refuse to pay the same, for his or their part 
thereof, by any constable thereunto required by a warrant under the hands 
and seals of the said commissioners, or any three of them, who are hereby 
empowered to issue forth and grant the same ; and the distress so made 
shall be sold within three days after notice thereof being first given to the 
person from whom the distress was made, of the time and place where the 
goods and chattels distrained are to be sold, and the overplus, after the 
assessment and charges of distress is paid, shall, by the constable afore- 
said, be returned to the owner thereof; and every master or head of every 
family shall pay for every contracted servant or slave as aforesaid, be- 
longing to his respective family. 

V. And whereas, it will be more convenient that the said causways, and 
also the highways tending to and from the said bridges, and appointed by 

How kept in this Act to be made, should be made and kept in repair at the equal labor 
repair, ^^ ^j^^ ^^:^^ inhabitants. Be it therefore further enacted by the authority 

aforesaid, That the above mentioned causways, and also the highways 
hereafter appointed by this Act to be made, shall be made and kept in 
repair at the equal labor of the aforesaid several inhabitants, being the 
masters, male servants and slaves, not under sixteen nor exceeding sixty 
years of age, who being summoned and required by order of the commis- 
sioners, to come and work on the making or repairing the said causways 
and highways, are hereby required and commanded to give obedience there- 
unto, under the penalty of the forfeiture of five shillings for every day's 
neglect, to be levied upon every such master neglecting his duty, by 
warrant of distress from the commissioners as aforesaid. 

VI. And he it further enacted by the authority aforesaid. That the 
Paths fiom saiJ following paths or highways, leading to and from the said bridges, shall be 
jri ges. made and laid out by the direction and order of the commissioners of this 

Act ; that is to say, one broad path from the plantation of Mr. .John .Tones,. 



OF SOUTH CAROLINA. HI 

Acts relating to Roads, Bridges and Ferries. A.I). I7i:). 

on Stono Island, into the most convenient place of the broad path leading 
from the plantation of late Captain Frcst's, to tlie plantation now pos.scsis- 
ed by Captain Bcrresford, and IVorn thence to the bridge leading over 
Stono river; and one other broad path from the bridge to the I)road path 
leading to the ferry over A.shley river; and one other broad path from the 
said bridge to St. Paul's Church; and one other broad path, leading from 
the plantation of Mr. Sherman, on the lower end of Bohickett creek, to the 
said bridge over Wadmalaw river, and from thence to the sairl bridge over 
Stono river ; and one other broad path, from Bear Bluff Plantation on 
Wadmalaw, to the said bridge over Wadmalaw river ; and that all the in- 
habitants as aforesaid on Stono Island, (which is not included in any Act 
to make and keep in repair the broad path leading from the said Frost's 
plantation, to the said Beresford's,) shall make and keep in repair the said 
broad path from the .said Jones's; and also, all the inhabitants as afore- 
said on Wadmalaw Island, shall make and keep in repair the several paths 
before mentioned upon said island ; and also, the path from Wadmalaw 
bridge to Stono bridge ; and that the inhabitants on both the said islands, 
shall make and keep in repair the aforesaid path, from Stono bridge to the 
Ferry path ; as also, to the Church. 

VII. And whereas, by the above recited Act, Colonel John Fen wick. 
Captain Arthur Hall, Mr. John Stanyarne, Mr. Hugh Hext, sen., and Mr. Comniissioncrs 
Samuel Davis, were appointed commissioners in general, for building both"'''"^^* 
the said bridges, and making both the said causways, and keeping them in 
repair; whereas, it would be more convenient that there should be appoint- 
ed distinct commissioners for the building of Stono bridge, and making and 
perfecting the causway belonging to the same ; and also, laying out and 
making and repairing the highways that are to be made and repaired by 
the inhabitants that are to make the said Stono bridge ; and that there be 
other distinct commis-sioners appointed for the building of Wadmalaw 
bridge, and making and perfecting the causway belonging to the same ; 
and also, laying out and making and repairing the highways that are to be 
made and repaired by the inhabitants that are to make the said Wadmalaw 
bridge. Be it therefore enacted by the authority aforesaid, That the said 
Captain John Fenwick, Mr. John Stanyarne, Mr. Hugh Hext, sen., Capt. 
John Raven,, and Mr. John Jones, be, and are hereby appointed, comrais- 
sioners for the building and keeping in repair of the said Stono bridge, and 
making and perfecting and keeping in repair the causway belonging to the 
same; and also, for the laying out and making and keeping in repair, the 
said highways that are to be made and repaired by the inhabitants aforesaid, 
that are to make the said Stono bridge ; and that they, or any three of them, 
shall have power, and they are hereby empowered, to put in execution all 
and singular the powers and authorities given to the commissioners in the 
above recited Act, or in this Act, relating to the said Stono bridge, caus- 
ways and highways; and that Captain Arthur Hall, 3Ir. Samuel Davis, 
Captain William Williams, Mr. Samuel Shadock, sen., and Mr. Thomas 
Stanyarne, be, and are hereby appointed, commissioners for the building 
and keeping in repair of the said Wadmalaw bridge, and making and per- 
fecting and keeping in repair the causway belonging to the same ; and 
also, for the laying out and making and keeping in repair, the said high- 
ways that are to be made and repaired by the inhabitants, as aforesaid, that 
are to make the said Wadmalaw bridge ; and that they, or any three of 
them, shall have power, and they are hereby empowered, to put in execu- 
tion all and singular the powers and authorities given to the connnissioners, 



32 STATUTES AT LARGE 

^•'^•'^^'* Acts relating to Roads, Bridges and Ferries. 

either in the above recited Act, or in this Act, relating to the said Wad- 
nialaw bridge, causvvays and highways ; any thing in the above recited 
Act to the contrary hereof in any wise notwithstanding. 

Read three times and ratified in open Assemhly, 
this 18th day of December, Anno Dom. 1713. 

CHARLES CRAVEN, 
CHARLES HART, 
ARTHUR MIDDLETON, 
RALPH IZARD, 
RICHARD BERRESFORD, 
SAM. EVELEIGH. 

Repealed by Act of 1721. 



No. 343. AN ACT for continuing the Road to Edisto Island, and making 
A Bridge over Dawiioe Creek, and finishing the Road to Port 
Royal, and making a Bridge over South Edisto River. 

t 
WHEREAS, it is necessary that the inhabitants of Edisto Island have 
an easy communication by land to the continent, and that the road to Beau- 
fort town, on Port Royal, be finished. 

I. Be it therefore enacted, by the most noble Prince Henry, Duke of 
rai.svvay and i Beaufort, Palatine, and the rest of the true and absolute Lords Proprietors 
Fnil's^'on Ed^ "^^ Carolina, by and with the consent of the rest of the members of the 
isto Island, to General Assembly, now met at Charlestown for the south-west part of this 
Wilton. Province, and by the authority of the same, That the commissioners here- 
after named shall have power, and they are hereby authorized and required, 
to lay out, make, and keep in repair, a high road and causway from the 
most convenient place of John Frip's plantation, on Edisto Island, to Wil- 
ton ; and that the same be done at the equal labor and charge of all the 
male persons, white men and slaves, between sixteen and sixty years of age, 
living on Edisto Island, and belonging to the plantation of Mr, James 
Cockran, at Tubedoo, except the following persons who live on Edisto Is- 
land, their servants and slaves, viz : living at the plantations of Mr. La- 
rance Dennis, Thomas Grimball, Charles Odingsells and Madame Grim, 
ball, who are to cut the Hallover creek, at Cawyway ; and the commission- 
ers shall have power to make the causeway of what breadth and height 
they shall think convenient. 

II. Whereas, it is not convenient that the personal labor of the aforesaid 
Bridp over persons should make the bridge over Dawhoe creek, in the said road : Beit 

'^^^"' °* therefore enacted by the authority aforesaid. That the commissioners here- 

after named are hereby authorized and empowered to assess and levy a 
certain sum of money on the estates, both real and personal, of the inhab- 
itants living on Edisto Island, and on the personal estate and plantation 
of Mr. James Cockran, at Tubedoo, for defraying the charges of building 
the aforesaid bridge ; and after the bridge is built, and the aforesaid sum 
raised for building it, and if the said sum shall not be sufficient to build it, 



OF SOUTH CAROLINA. ' 33 

Acts relating to Roads, Bridges and Ferries. A. D. 1711. 

then llic commissioners shall have power to raise another sum for paying 
the whole charge ; but if said sum shall exceed the charge of building the 
said bridge, then the overplus shall be kept by the commissioners aforesaid, 
for repairing the said road and bridge ; and the said bridge shall be kept in 
repair, after the same manner as it was built, that is, by assessing the es- 
tates of the said inhabitants, after the manner aforesaid. 

in. A.nd it is hereby enacted by the authority aforesaid. That James 
Cockran, Capt John Wittmarsh, Henry Bower, Joseph Russell, and John Commission- 
Frip, shall be commissioners for the road and bridge in the road to Edisto ''^[^'^^l,'^^^ ^''°"' 
Island, or any three of them, shall have power, and are hereby authorized, 
required and appointed, to make the said road and bridge ; and that the 
said commissioners shall have the same powers, and be under the same res- 
trictions, as any other commissioners for making highways now have, in 
any part of this Province. 

iV. Whereas, the road to Beaufort town, on Port Royal, is not finished ; 
Be it therefore enacted by the authority aforesaid, That the commissioners 
hereafter named shall have power, and are hereby authorized and empov/- 
ered, to lay out, make, and keep in repair, a high road, from the most con- BeaufoitTo S. 
venient part of the New London road to the most convenient place on Edisto river. 
South Edisto river, over against the plantation of Capt. John Jackson, 
on South Edisto river ; and that the same be done at the equal labor and 
charge of all the male persons, free men, servants and slaves, between 
sixteen and sixty years of age, living within two miles of South Edisto 
river, on the north side, from Wilton to the plantation of James Rixons, on 
South Edisto river, and the persons living at New London, and at the plan- 
tation of James Rixons. 

V. And tvhereas, it is necessary to build a small bridge over Penny ''s 

creek, in the said road; it shall be done after the same method as the grij^g over 
bridge over Dawhoe creek, by laying a tax on the estates of the persons Penny's creek, 
who are appointed to make the aforesaid road. Whereas, it is necessary 
to build a bridge over South Edisto river, since the road to the present ^Jjjt^^^.p" ^? 
bridge is impassable when the freshes are high ; and it is impracticable to Edisto liver. 
make a causway through the swamp to the present bridge ; Be it therefore 
enacted by the authority aforesaid. That the commissioners hereafter named 
are impowered and authorized to build, or cause to be built, a bridge over 
South Edisto river, at the most convenient place on South Edisto river, at 
the plantation of Capt. John Jackson ; and that the same be made at the 
charge of the inhabitants living to the south and Avest of South Edisto ri- 
ver, on the continent and island, by taxing of their estates, both real and 
personal, after the same wa3's and means as the bridge is made over Daw- 
hoe creek, in the road to Edisto Island ; and the commissioners are 
empowered, if they think convenient, to purchase the present briilge over 
South Edisto river, they may do it, and remove it to the aforesaid place. 

VI. And he it further enacted by the authority aforesaid. That the com- 
missioners hereafter named are empowered to continue the road from Capt. Road from 
John Jackson's, on South Edito river, to Mr. Parrott\s, on Ashepoo river ; Jdisjo^nver to 
and that the same siiall be made by the male inhabitants, their servants and 

slaves, between sixty and sixteen years of age, living on the point of land 
lying between South Edisto river, Ashepoo river, and the Horse-shoe creek, 
below the path going from the plantation of James VVrixmans to the plan- 
tation of Capt. Thomas Elliott, at the head of the Horse-shoe creek ; and 
the aforesaid persons shall keep the aforesaid road in repair, by the direc- 
tions of the commissioners hereafter namcd- 
VOL. IX— 5. 



34 STATUTES AT LARGE 

A. D. 1711. ^^("5 relating to Roads, Bridges and Ferries. 

. . VII. Be itfartlier enacted by the authority aforesaid, That Mr. James 

Cockran, Capt. John Woodward, Capt. Edmund Bellenger, Capt. John 
Jackson, and Mr. William Peeters, or any three of them, shall be commis- 
sioners for making the aforesaid roads and bridges ; and the commissioners 
for the road on the South side of Ashepoo river to Port Royal, shall assist 
the aforesaid commissioners in taxing and levying the same, to build the 
South Edisto bridge ; and that the aforenamed commissioners shall have 
the same power, and be under the same restrictions, as the commissioners 
for making the road to Edisto Island. 

VIII. Be it further enacted, by the authority aforesaid, Tliat the com- 
^(''"'/'^T! ''"'^" riiissioners hereafter named shall continue the road from Mr. Parrott's plan- 
bee. tation to the present road from Jackson''s, on Cumbee ; and all the male 

persons, their servants and slaves, living on the south and east side of the 
present road from the bridge over Ashepoo to the causeway on Cumbee 
marsh, between sixty and sixteen years of age, shall make and finish the 
aforesaid road, and keep it in repair, at the directions of the commissioners 
hereafter named. 

IX. Be it further enacted by the authority aforesaid, That the commis- 
Beaufon'to sioners hereafter named shall lay out and make a road from Beaufort town, 
present road ; on Port Royal Island, to the present road on the said island, and the in- 
and the high- habitants thereon shall make the same ; and that the highway be continued 
on Combee, from the ferry on Combce Idand, over against St. Hefena^s Island, to the 
over St. Hele-most convenient place on the said Island, over against Beaufort town, on 
opl.I.°iie'Beau- P^""^ ^'^y^* 5 and that the same be done by the inhabitants of St. Helena, 
fort. Combee, and on the small islands near adjoining them, to be made by the 

same way and moans as the other highways by this Act are directed to be 
made. 

X. And he it further enacted by the authority aforesaid. That the caus- 
way on Combee marsh shall be kept in repair at the charge of the inhabi- 

Combee marsh, ^ants living to the south and west, on the islands and continent, of Ashepoo 
river, and the same be done by an assessment or tax on all the male per- 
sons between sixty and sixteen years of age, living or residing \vithin the 
aforesaid bounds ; and the same shall be levied as hath been directed by 
any Act of this Province, (for taxing the inhabitants for making highways,) 
now in force. 

XL And he it further enacted by the authority aforesaid. That the inhab- 

Caiisway he- itants, their servants and slaves, living in Granville county, shall keep the 

tween Brvan s , ' , ' t.-. it. t. ■• ■ i 

and Port Roy- foad and causways between Mr. Bryan s and Port Royal, in repair; and 
"1- the inhabitants on Port Royal, Combee and St. Helena Islands, shall keep 

their several roads in repair, when they shall be directed so to do by the 

commissioners appointed for that purpose. 

XII. And he it further enacted by the authority aforesaid. That Capt. 
Thomas Nairne, Col. John Barnwell, Capt. John Cockran, Henry Quin- 
tyne, and Capt. Edmund Bellenger, shall be commissioners for the road 
from Parrott's to St. Helena, or any three of them, are hereby authorized 
and appointed to make and keep the aforesaid roads in repair, according to 
the directions of this Act ; and the said commissioners shall have the same 
power, and be under the same restrictions, as any other commissioners for 
making highways have, in any part of this Province. 

XIII. And he itfurther enacted by the authority aforesaid, That the in- 
habitants, their servants and slaves, between sixteen and sixty years of 

- age, living on the point of land lying between South Edisto river and Ashe- 
poo river, on the north side of the path going t>om the plantation of Mr. 



OF SOUTH CAROLINA. 35 

Act." relating to Roads, Bridges and Ferries. A. D. 1714. 

James Wrixmans, to the plantation of Capt. Tliomas Elliott, at the head 
of the Horse-shoe creek, and on the west side of the said creek to Ashe- 
poo river, shall keep in repair the road from the bridge over Asliepoo river, 
to South Edisto river ; and the inhabitants, their servants and slaves, from 
sixty to sixteen years of age, living on the point of land between Ashepoo 
and Combee rivers, on the north and west side of the present road from 
the bridge over Ashepoo river to the causway on Combee marsh, shall 
keep in repair the present road from the bridge over Ashepoo river to where 
it sliall join the road leading from the causway on Combee marsh, to the 
plantation of Capt. Ednmnd Bellenger, on Ashepoo river ; and Capt. John 
Woodward and Mr. Richard Woodward sliall be commissioners for the 
same, and have the same power, and be under the same restrictions, as 
any other conmiissioners for making and repairing highways have. 

XIV. Whereas, it is thought highly necessary to have a creek cut out 

of Chehaw river, into Witchcaw creek, for a more safe passage into Ashe- |^'"i '^|o™ Che- 
poo river. Be it </<!c;T/?/?e e??«c^e<:/^ by the authority aforesaid. That a pas- ^Y^^.jjj.j^^y/ 
sage, commonly called Witchcaw creek, between Chelmw river and the 
head of the said creek, at the most convenient place thereabouts, shall 
be cut straight and as convenient as may be, at least ten foot wide and 
six foot deep ; and that the same shall be done at the equal labor and 
charge of the male persons between sixty and sixteen years of age, 
living within a mile of each side of Combee and Chehaw rivers, and on 
the point of land lying between Combee and Chehaw rivers, shall make, 
cut, and keep m repair, the aforesaid creek; and that John Palmer, John 
Hilliard, and Isaac Steward, or any two of them, are hereby appointed 
and empowered commissioners for the same, and they shall have the same 
power, and be under the same restrictions, as any other commissioners for 
highways and creeks have in this Province. 

XV. Knd be it further enactedhy the authority aforesaid, That a clause in 

an Act entitled "An additional Act to an Act to the several highway ^ct ordering 
Acts,'" ratified in open Assembly, the seventh day of June, Anno Domini road from Wil. 
1712, relating to making a high road from New London, (formerly called Jy^^j'J^g^^'^g*^''^* 
Wilton,) road, to the end of the present bridge, over South Edisto river ; pealed. ' 
the said clause is hereby declared to be repealed, annulled and made void. 

Read three times and ratified in oj^en Assembly, 
tJm twelfth day of June, Anno Dom. 1714. 

CHARLES CRAVEN, 
CHARLES HART, 
RA. IZARD, 
RICH D. BERESFORD, 
SAM. EVELEIGH. 
Repealed by Act of 17'21. 



36 STATUTES AT LARGE 

9 

A. D. 171 1. Jicts relating to Roads, Bridges and Ferries. 

No. 346. AN ACT for making a High-Road out of Ashley River Road, to 
THE Plantation of Thomas Osgood, near Ponpon River. 

WHEREAS, it is necessary, for the ease of the inhabitants who live on 

Preamble. ^^^^ South side of Ashley river, towards the head of the said river, to have 

a road from the plantation of Thomas Osgood, to that part of the Ashley 

river road lying between the plantations of Mr. Thomas Waring and Col. 

Persivall. 

I. Be it therefore enacted, by his Excellency tlje Palatine, and the rest 
Road out from of the lords and proprietors of this Province, with the advice and consent 
road wOs- ' ^^ *'^^ ^'^^^ ^^ ^^^^ members of the General Assembly, now met at Charles- 
gfood's, near town for the South-west part of this Province, and by the authority of the 
Pen Poll. same, That with all convenient speed, after the ratification of this Act, at 

the equal charge and labor of all male persons, their servants and slaves, from 
sixty to sixteen years of age, living and inhabiting on the south-west side of 
Ashley river swamp, between the following lines, viz : a south-west line 
from the southernmost corner of Capt. Peter Slann'sland, to South Edisto 
river, inclusive, to a west line from the northernmost coiner of that part 
of Col. Persivall's land, on the south-west side of Ashley river swamp, to 
be continued to South Edisto river ; and on the north-east of South Edisto 
river, between the aforesaid lines, shall make, and hereafter keep in repair, 
one common road or highway, with bridges and cans ways, from the plan- 
tation of Thomas Osgood jun., near South Edisto river, to the most conve- 
nient part of the Ashley river road, lying between the plantation of Mr, 
Thomas Waring and Col. Persivall, at the direction of the commissioners 
hereafter named. 

II. Knd he it further enacted by the authority aforesaid. That Thomas 
Osgood, jun., Stephen Douse, and John Symouds, jun. or any two of them, 
are hereby nominated, commissioned, and are hereby authorized, to appoint 
and lay out the aforesaid highway, which shall be made sixteen foot wide, 
sufficient for carts to pass, and to appoint when, how long, and in what 
place, every respective person shall work and labor until the same is com- 
pletely finished. Provided, ahvays, and it is hereby intended, that no per- 
son do more, as near as possibly can be computed, than his equal proportion 
of the said labor ; and the said commissioners are hereby directed to have 
the same powers, for the better enabling them to make, finish, and keep in 
repair, the said road, as any commissioners for highways now have by vir- 
tue of any Act relating to highways now in force ; and they, and all peo- 
ple therein concerned, shall be under the same fines and forfeitures for ne- 
glecting his or their duty, as is in any other Act of this Province directed. 

Read three times and ratified in &pen Assembly, 
the 18t7i day of December, 1714. 

CHARLES CRAVEN, 
CHARLES HART, 
RA. IZARD, 
HUGH BUTLER, 
SAM. EVELEIGH, 
ROBT. DANIELL. 

Eepealed by Act of 172i. 



OF SOUTH CAROLINA 37 

Acts rdalhig to Roach, Bridges and Ferries. A.U. ITlf). 

AN ACT I'OR MENUING AND KEEl'lNO IN KKTAIU THE CaUSWAV OVER 

THE Maksii of Combee River, in Colleton coujjty. 

WHEREAS, the road or causway over the marshes of Combee river, 
in Colleton county, is tiic principal higinvay from Charlestown and other 
parts of this Province, to the town of Beaufort, on Port Royal ; and the 
keeping the same in repair is likely to prove very burthensome to the adja- 
cent inhabitants, who are, for the most part, of small abilities, and few in 
number ; therefore, for the more easy effecting the same, 

I. Be it enacted, by his Excellency John Lord Carteret, Palatine, and 
the rest of the true and absolute lords and pro])rietors of Carolina, by and 
with the advice and consent of the General Assembly, now met at Charles- marslTof Com- 
town, for the south-west part of this Province, Tliat in thirty days after bee river, to be 
the ratification of this Act, it shall be lawful for Mr. Joseph Bryan, the ''^l'^'''^'^- 
present keeper of the ferry over Combee river, and for the keeper of the said 
ferryg for the time being, to demand and receive from all persons which 
shall pass over the said ferry, half a rial for a man, and one rial for a man 
and horse, more than the said Joseph Bryan, the present keeper of the said 
ferry, or the keeper of the said ferry for the time being, might lawfully de- 
mand and receive by virtue of any law now in force. 

n. And be it further enacted by the authority aforesaid. That the said 
Joseph Bryan, or the keeper of the said ferry for the time being, shall keep 
a fair account of all such sums of money as he shall receive by virtue of 
this Act, and yearly, on the first of October, give the same, upon his or 
their oath, to the commissioners of the highway, or any two of them, ap- 
pointed for the parish of St. Bartholomews, in Colleton county ; and if the 
said Joseph Bryan, or the keeper of the ferry for the time being, shall either 
refuse or neglect to render an account to the said commissioners of the high- 
ways, of all such monies as they shall receive by virtue of this Act, that then 
the said Joseph Bryan, or the keeper of the ferry for the time being, shall 
forfeit the sum of fifty pounds, to be recovered by any of the said commis- 
sioners, or any other person that shall sue for the same, in any court of 
record in this Province, by bill, plaint or information, wherein no injunc- 
tion or stay of prosecution shall be admitted or allowed of; two thirds of 
the said forfeitures to be applied to the mending and repairing the said 
causway, and the other third to him or them that shall sue for the same. 

HL And be it further enacted hy the authority aforesaid, That the com- 
missioners of the high roads for tlie time being, that are or shall be appoint- 
ed by the laws of this Province for the parish of St. Bartholomew's, or any 
two of them, shall, yearly, in the aforesaid month of October, repair to the 
said causway over the said marshes of Combee river, and having viewed 
the same, shall order such repairs and mending as they shall think, in their 
discretion, is fitting, and agree with any person or persons, either by the 
great or by the day, for perfecting the said works, and order them their 
payment out of such monies as shall be collected by virtue of this Act ; 
and if there be any overplus of money, after the necessary repairs are fin- 
ished, and other necessary charges are deducted, remaining in the hands 
of the said Joseph Bryan, or the keeper of the said ferry for the time being, 
that then the said Joseph Bryan, or the keeper of the said ferry for the 
time being, shall, by order of the said commissioners, pay the same unto 
the public receiver of this Province, to be disposed of by order of the 
General Assembly. 

IV. And be it further enacted by the authority aforsaid, That this Act 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

continue in force three years, and from thence to the end of the next ses- 
sion of the General Assembly, and no longer. 

Read three times, and Ratified in open Assemhhj, 
February the "Zbth, 1714 — 5. 

CHARLES CRAVEN, 
CHARLES HART, 
JOSEPH BOONE, 
NICHOLAS TROTT. 
SAM. EVELEIGH, 
ROBT. DANIELL. 



No. 375. AN Additional ACT to an Act entitled " An additional Act to 
THE several Acts tor making and repairing of Highways," ra- 
tified the seventh of June, one thousand seven hundred and 

TWELVE. 

WHEREAS, by an Act duly ratified in open Assembly, the seventh day 
of June, in the year of our Lord one thousand seven hundred and twelve, 
entitled "An additional Act to the several Acts for making and repairing 
of highways," amongst other things therein contained, it was enacted that 
an high-road should be laid out from the plantation or Thomas Perriman to 
the Church at Goose creek, and that a bridge be made on the same road, 
over Goose creek, in some convenient place about the plantation of Land- 
grave Thomas Smith. And whereas, it is found necessary that the said 
road be farther continued, as far as the causway leading to the ferry on 
Cooper river ; and that a bridge be likewise made over Forster's creek, for 
the conveniency of the several inhabitants living and residing within those 
respective bounds and limits, whereby they may have an easy comraunica- 
tion by land, amongst themselves, and likewise to other parts of this Pro- 
vince, as well on public as their own private occasions. 

L Be it therefore enacted, by his Excellency John Lord Carteret, Pa- 
latine, and the rest of the true and absolute lords and proprietors of this 
Province, by and with the advice and consent of the rest of the members 
of the General Assemblv, now met at Charlestown, for the south and west 
£ooi creertoPa''t of the Said Province, and by the authority of the same, That an high 
be coiitiimed to road be laid out from the north-east side of Goose creek, over against the 
Cooper nver. plantation of Landgrave Thomas Smith, to the causway leading to the 
ferry on Cooper river; and that a bridge be made on the same road, over 
„ . , Forster's creek, at such fit and convenient place as the commissioners here- 

Forster's in named shall order and direct ; and that the said road and bridge be made 

creek. at the equal charge and labor of all male persons, as well whites as slaves, 

from the age of sixteen to sixty years of age, living and residing betwixt 
the said road and Cooper river, on the south-west side of Goose creek ; and 
those several male persons, as above specified, who live on the east side of 



OF SOUTH CAROLINA. 39 

Acts relating to Roads, Bridges and Ferries. A.I). 1717. 

(lie high road leading from Goose creek bridge, to the plantation of Mr. 
Thomas Baker, inclusive ; and those in like manner who live on the east 
side of that plantation, leading to the causway aforesaid, to the plantation 
of Maj. David Durham, inclusive ; all which said persons so to be employed 
in making the said road and bridges, are hereby directed to be freed and 
discharged from all other labor or expense on any other high-road ; any 
law to the contrary notwithstanding. And that Col. George Chicken, Maj. 
David Durham, Maj. John Herbert, Capt. Roger Moore, Capt. Thomas 
Smith, or any three of them, are appointed commissioners for making the 
highway and building the bridges aforesaid ; and shall have power to carry 
the said road to one or more convenient place or places, as they shall see 
occasion or think tit ; (excepting that those inhabitants who have been at 
any labor or expense in making the road from the plantation of Thomas 
Pcrriman to the designed bridge over Goose creek, and the causways on the 
said road, pursuant to the law ratified the seventh of June, one thousand 
seven hundred and twelve, shall be exempted from any labor or charge in 
making the said road, and building the bridge aforesaid, prescribed in this 
Act ; provided, they keep in good repair the said road, bridges and caus- 
ways;) and likewise have the same full powers, in every respect, and be 
under the same restrictions, as any other commissioners for making high- 
ways now have in any part of this Province ; and that whatsoever con- 
stable shall refuse or neglect to execute any warrant to him directed by 
the aforesaid commissioners, pursuant to the powers to them derived by 
this Act, he shall be liable to the same fine and penalty, in that case, as 
the constables in the above recited Act are in the like case liable. 

Read three times and ratified in open Assembly, 
the tiocnty. ninth day of June, 1717. 

ROBT. DANIEL. 
THO. SMITH. 
CHARLES HART, 
GEORGE CHICKEN. 
FRA^S. YONGE. 
SAM. EVELEIGH. 

Repealed by Act of 1721. 



AN ACT FOR REPAIRING THE ROAD FROM THE PLANTATION OF THE No. 37&. 

LATE Daniel Huger, deceased, in the Parish of Saint James 
Santee, TO the plantation of Captain Bartholomew Gaillard; 
and for making a Road from the said Bartholomew Gaillard''s 
plantation, to the plantation of Mr. Francis Williams ; and 
also, for building a Bridge over Echaw Creek, and other 
Bridges over small Creeks lying in the said roads. 

WHEREAS, the several inhabitants of the Parish of St. James San- 
tec, living on the south and north sides of Santee river, by their petition to 



40 STxVTUTES AT LARGE 

A. D. 1717. Acts relating to Roads, Bridges and Ferries. 

the late General Assembly of this Province, setting forth that the roads in 
their quarter, viz : — from Mr. Daniel Huger's plantation to Captain Bar- 
tholomew Gaillard's plantation, and from the said Bartholomew Gaillard's 
plantation to the plantation of Mr. Francis VVilliarns, are extremely out of 
repair; and further thereby representing the great inconveniences they 
labor under for want of a convenient bridge over Echaw creek, and other 
small bridges over the creeks lying in the said roads, and praying the said 
roads may be put into repair ; and that a new road may be marked and 
made in the most convenient place from the said Bartholomew Gaillard's 
plantation to the plantation of the said Francis Williams ; and that all the 
said bridges and roads may be made and kept in repair at the charge of the 
said inhabitants on the south and north sides of Santee river. 

I. Be it therefore enacted, by his Excellency John Lord Carteret, Pala- 
Road from tine, and the rest of the true and absolute Lords and Proprietors of 
r"ff''j'^" 1 Carolina, bv and with the advice and consent of the rest of the members of 

vjaillarcl s, aiul --ii"'.ii r \ iiii. 

from Gail lard's the General Assembly, now met at Charlestown tor the south and west part 
to Williams's, of this Province, and by the authority of the same. That the commissioners 
hereinafter named shall have power, and they are hereby authorized and 
empowered, forthwith to amend and put in repair the road from the said 
Mr. Daniel Huger's plantation to the plantation of the said Captain Bar- 
tholomew Gaillard ; and to lay out and make a new high road in the most 
convenient places, as to the said commissioners shall seem fit, from the 
plantation of the said Bartholomew Gaillard to the plantation of the said 
Francis Williams ; and also, to erect, build and make, a good, strong and 
sufficient bridge for foot and horse, over the creek commonly called Echaw 
creek, together with such small bridges over the creeks lying in the roads 
aforesaid, as to the commissioners shall be thought needful ; which said 
roads and bridges so to be repaired and made, shall be repaired and made, 
from time to time, kept in good order and repair, at the costs and charges of 
the several inhabitants that have plantations in the said settlements on the 
south and north sides of Santee river aforesaid. 

IL And be it fttrther enacted by the authority aforesaid, That the com- 
j... missioners hereinafter named are hereby authorized and empowered to 

Echaw. assess and levy a certain sum of money on the inhabitants living on the 

south and north sides of Santee river aforesaid, for defraying the charges 
of putting in repair the said road from the said Mr. Daniel Huger's planta- 
tion to the said plantation of Captain Bartholomew Gaillard; and also, 
for making the said new road and bridges aforesaid ; and in case the sum 
so to be raised shall not be sufficient for the purposes aforesaid, then the 
said commissioners shall have power to raise another sum for paying the 
whole charge of amending and making the road and bridges aforesaid ; 
which said sum so to be raised and levied by the said commissioners on the 
inhabitants aforesaid, shall be raised and levied, rateablj' and proportiona- 
bly, according to the number of negroes, mustees, Indians and mulattoes, 
each of the inhabitants are possessed of, without any distinction to be 
made of the said negroes, mustees, Indians or mulattoes ; provided, they 
are not under sixteen, nor above sixty years of age ; and the commission- 
ers aforesaid are hereby likewise required and empowered, from time to 
time, to keep the said roads and bridges in good order and repair, at the 
charge of the said inhabitants, to be levied and raised in manner as afore- 
said. 

IIT. And be it further enacted by the authority aforesaid. That Bartho- 
lomew Gaillard, Peter Robert John Guerry, Noe Serre, and Elias Horry, 



OF SOUTH CAROLINA. 41 

Acts relating to Roads, Bridges and Ferries. A. D. 1717. 

be, and are hereby declared and appointed, commissioners for making, 
amending, repairing, and keeping in repair, the roads and bridges aforesaid, 
and for raising and levying the sums of money on the inhabitants afore- 
said, for defraying the charges of the same. 

IV. And he it further enacted by the authority aforesaid. That in case 
any dili'erence shall arise between the commissioners aforesaid, touching 
the matters aforesaid required of them by this Act, the same shall be de- 
termined by a majority of them ; and the commissioners aforesaid arc 
hereby authorized and empowered, in case any of them shall happen to 
die, go ofl" this province, or refuse to act, or be rendered incapable to act, 
by reason of sickness or other accident, to nominate and choose another 
in the room or stead of him or them so dying, going off or refusing to act, 
or being rendered incapable to act, as aforesaid. 

V. And lastly, it is hereby declared and enacted by the autiiority afore- 

said, That the commissioners aforesaid shall have such other powers and '^9^?''^ "^^'""" 
authorities, and be under such other restrictions and limitations, as any 
other commissioners for making of highways and building of bridges now 
have in any part of this Province. 

Read three times and ratified in open Assembly, 
the twenty-ninth day of June, 1717. 

ROBT DANIELL, 
THOS. SMITH, 
GEORGE CHICKEN, 
CHAS. HART. 
SAM. EVELEIGH. 

Repealed by Act of \T2h 



AN ACT FOR MAKING A RoAD FROM Mr. RicHARD WoODWARd's PLAN- ]>^o, 37g, 

TATioN, ON James Island, to the plantation of Mr. Richard 
Godfrey ; and building a Bridge over Wappoo Creek. 

WHEREAS, the inhabitants of James Island labor under many incon- 
veniences for want of a convenient road and causway, from the plantation 
of Mr. Richard Woodward, to the plantation of Mr. Richard Godfrey; and 
a bridge to be made over Wappoo creek, which the said inhabitants are 
willing should be done at their own proper charges. 

I. Be it therefore enacted, by his Excellency John Lord Carteret, Pala- 
tine, and the rest of the true and absolute Lords and Proprietors of the Road from 
Province of Carolina, by and with the advice and consent of the rest of the vVoodward's to 
members of the General Assembly, now met at Charlestown for the south bHdle%ver'*"*^ 
and west part of this Province, and by the authority of the same. That the Wappo creek. 
commissioners hereafter named shall have full power and authority, and they 
are hereby empowered and authorized, with all convenient speed, to mark 
out and make a road of sixteen feet in width, from the plantation of Mr. 
Richard Woodward, on James Island, to the plantation of Mr. Richard 
VOL. IX— 6. 



42 STATUTES AT LARGE 

A. D. 1717. Acts relating to Roads, Bridges and Ferries. 

Godfrey, in such convenient places as to the said commissioners shall seem 
meet; and also, to build and make a good, strong, and sufficient bridge 
for foot and horse, at least six feet high above high-water mark, over Wap- 
poo creek ; and also, to make one or more causways or other small bridges 
in the road aforesaid, as to the commissioners shall be thought needful. 

II. Knd he it further enacted by the authority aforesaid, That the corn- 
Inhabitants as- naissioners hereinafter named, be, and are hereby, authorized and empower- 
ed to raise and levy a certain sura on the inhabitants aforesaid, for defray- 
ing the charges of making the said road and causways, and building the 
bridges aforesaid ; which said sum so to be raised and levied, shall be rais- 
ed and levied by the said commissioners, or any two of them, on the inha- 
bitants aforesaid, rateably and proportionably, according to the number of 
all male persons, as well white persons as slaves, residing on the said 
island, from the age of sixteen to sixty ; or otherwise, the said road, bridge 
or causways, shall be made by the personal labor of the said inhabitants 
and slaves, proportionably, as aforesaid ; and the commissioners hereafter 
named shall have full power either to accept of the said inhabitants, their 
proportionable payment of monies, or the personal labor of them and the 
slaves as aforesaid, towards defraying the charges aforesaid, according as 
the said inhabitants may live remoter or nearer to the said intended road, 
and as to the said commissioners may be thought most convenient ; and 
the commissioners hereafter named are hereby likewise fully authorized 
and empowered, at the charge of the said inhabitants, to be raised and 
levied in manner as aforesaid, to keep the said road, causways and bridges, 
in good and sufficient repair, when and so often as need shall require. 

III. And be it further enacted by the authority aforesaid, That Mr. 
Commissioners William Wilkins, Captain Arthur Hall, Mr. Richard Woodward, or any 

two of them, he, and are hereby declared and appointed, commissioners 
for making the roads, causways, and bridges aforesaid, and for raising and 
levying tbe sums of money on the inhabitants aforesaid, for defraying the 
charges of the same, and for keeping the road, causways, and bridges, from 
time to time, in good and sufficient repair, in manner as before in this Act 
is directed. 

IV. And be it farther enacted by the authority aforesaid. That in case 
Powers. '^^y difference shall arise between the commissioners aforesaid, touching the 

matters aforesaid required of them by this Act, the same shall be ordered 
and determined by a majority of them ; and the commissioners aforesaid, or 
a majority of them, are hereby authorized and empowered, in case any of 
them shall happen to die, go off, or refuse to act, or be rendered incapable to 
act, by reason of sicknes or other accident, to nominate and choose ano- 
ther commissioner or commissioners, in the room and stead of him or them 
so dying, going off or refusing to act, or being rendered incapable to act, as 
aforesaid. 

V. And it is hereby declared and enacted by the authority aforesaid. That 
the commissioners aforesaid shall have all such other powers and authorities, 
and be under such other restrictions and limitations, as any other commis- 
sioners for making of highways and building of bridges now have in any 
other part of this Province. 

VI. And be it further enacted h\ i\\e SiUihor'iiy aforesaid, That the con- 
stable or constables for St. James Island aforesaid, for the time being, shall 
give due obedience to any orders, summons or warrants from the commis- 
sioners aforesaid, for the summoning the said inhabitants, or for raising and 
levying the sums aforesaid ; and for every default or neglect of the said con- 
.stable or constables in the premises, he or they shall forfeit the sum of five 



OF SOUTH CAROLINA. 43 

Acts relating to Roads, Bridges and Ferries. A. D. 1719. 

pounds, to be levied on him by a warrant under the hands of any two of the 
said commissioners, to be directed to the constable of the parish or precinct 
next adjacent, who is hereby empowered to execute the said warrant ac- 
cordingly ; in case of his refusal to comply with the said warrant, shall 
likewise convey him to the Marshalsca in Charlestown, there to remain till 
he have satisfied the same. 

Read three times and ratified in open Assembly, 
tJie 2^lh day of June, 1717. 

ROBT. DANIELL, 
THOS. SMITH, 
GEORGE CHICKEN, 
CHARLES HART, 
FRANCIS YONGE. 

Repealed by Act of 1721. 



AN ACT FOR BUILDING A BrIDGE OVER THE WeSTERN BRANCH OF CoO- JVJq^ 39 J, 
PER RiVERj AT OR NEAR ClIILDSBURY ToWN, ALIAS THE StRAW- 
BERRY. 

WHEREAS, the building of bridges over the creeks and rivers of this 
Province are of the greatest use, as well for the public security, in case of 
an Indian disturbance or other enemy, as for the ease, advantage, private 
communication, and service of the inhabitants thereof; and tohcrcas, also, 
for want of a bridge over the said western branch of Cooper river, and by 
reason of the uncertainty of the ferry at Childsbury aforesaid, and the 
great danger of the causway on the south side of the said ferry, which is 
half a mile in length, very nariow and scarcely passable, the inhabitants 
living in and about that part of the said river, and persons travelling to and 
from the north part of this Providce, are obliged to go about by Biggin 
bridge, which is seventeen miles round. 

I. Be it therefore enacted, by his Excellency John Lord Carteret, Pala- 
tine, and the rest of the true and absolute Lords and Proprietors of this^'""^?® °^'^'" 
Province, by and with the advice and consent of the rest of the members g^rawbei-ry. 
of the General Assembly, now met at Charlestown for the south and west 

part of this Province, and by the authority of the same, That Captain 
Jonathan Drake, Daniel Huger, Esquire, Elias Ball, Isaac Child, and Mr. 
George Livingston, be, and are hereby, appointed commi.ssioners, as well 
for building the said bridge, enlarging and putting the said causway in 
repair, and for repairing the roads, as hereinafter is mentioned. 

II. And ichereas, some persons have proposed the building the bridge 
aforesaid at their own private chaige, in consideration of the allowances 
hereinafter mentioned to be given to the undertakers thereof. Be it there- 
fore eiiacted by the authority aforesaid, That the commissioners aforesaid, 

or any three of them, shall and are hereby empowered to treat with any 
person or persons who shall be minded to build the said bridge at Childsbury 
aforesaid, at his own proper charge, as to the method and manner of 
building the same, so that the said bridge do not contain less than twelve 
feet in width ; and that all and every person or persons who shall undertake 



44 STATUTES AT LARGE 

A. D. 1719. Acts relating to Roads, Bridges and Ferries. 

the building of the said bridge, to the satisfaction of the said commissioners, 
or any three of them, and shall finish the same, shall, and is hereby de- 
clared to have, the sole and absolute property of the said bridge ; and that 
the fee simple and inheritance of the same bridge, and also, all such pas- 
sage money as every person hereinafter mentioned shall be hereby obliged 
to pay, for themselves, cattle, carriages, and passages of ships, sloops, other 
vessels and periagoes, shall and is hereby declared to be, vested in such un- 
dertaker, who shall undertake with the said commissioners to build the 
bridge aforesaid and finish the same, and the heirs and assigns of such 
undertaker for ever. 

III. and for the better encouragement of the .said undertaking. Be 
it further enacted by the authority aforesaid, That the said underta- 
ker, his heirs and assigns, shall be, and is hereby, empowered to fell, 
cut down, cart, and carry away, off and from any plantation adjacent to 
the said place where the said bridge is intended to be built, all such tim- 
ber and timber trees, as he, the said undertaker, his heirs and assigns, shall 
have occasion for, from time to time, for building the said bridge and keep- 
ing the same in repair, without paying any thing for the same. 

IV. And. he it further enacted by the authority aforesaid. That one acre 
of land shall be appropriated and annexed to the said bridge on each side 
of the said river where the said bridge shall be built, the undertaker paying 
to the owner or owners of the said land the full value of the said two acres, 
as it shall be adjudged by ihe said commissioners, for a small house and 
other conveniences of the person who shall be appointed by the said un- 
dertaker, to give a constant attendance at the bridge aforesaid, for opening 
the draw-bridge for the passage of ships and vessels, and receiving the per- 
quisites and fees, of the persons who are liable to pay the same. 

V. And he it further enacted by the authority aforesaid. That all per- 
sons passing the said bridge, by themselves, or with their cattle, carriages, 

Toll. ships, vessels, and periagoes, shall pay unto such undertaker or his agent, 

who shall build and finish the said bridge, the following rates, viz : — each 
footman, half a ryal ; man and horse, a ryal; all cattle, half a ryal ; hogs 
and sheep, half a ryal ; ships, sloops, and other vessels, for passing and 
repassing the same, forty shillings; periagoes and other boats, if they shall 
desire the opening of the bridge, five shillings for passing and repassing as 
aforesaid; all which said sums shall be paid to the said undertaker, his 
heirs and assigns, in current money of this Province. 

VI. And be it further e?2«c?eJ by the authority aforesaid. That in case 
any person, in passing the said bridge, shall happen to do any damage there. 

. to, by his ship, vessel, or periagoe, or any other way, the master or owner 
of such ship, vessel or periagoe, or whoever damages the same, shall forth- 
with make satisfaction for such damage to the undertaker and builder of 
such bridge, his heirs and assigns, the value whereof, not exceeding forty 
shillings, any one or niore of the said commissioners shall be judges, and 
shall grant a warrant, (provided he be in the commission of the peace,) for 
the levying the same, according to the dirictions of the Act for trial of 
small and mean causes ; but if the damage so done to the said bridge do 
exceed the valye of forty shillings, the undertaker aforesaid, his heirs and 
assigns, shall and may have his action on the case, against such owner or 
master, or other person, to recover such damages, with costs of suit, at any 
court of common pleas to be holden for this Province. 

VII. And he it further enacted by the authority aforesaid. That the com- 
missioners aforesaid shall forthwith cause the said causway leading to the 



OF SOUTH CAROLINA. 45 

Acts relating to Iluads, Bridges and Ferries. A. 1). 1719. 

ferry at the Strawberry or Cliildshiiry aforesaid, to be made twelve feet ,^ 
Wide, and well and surhciently repaired ; and also, to make a new causway .stra\vi)erry. 
on Childsbury side, to lead from the main land to the foot of the bridge 
aforesaid ; and also, to cause all that and those roads that lead from Childs- 
bury ferry to Boneau's ferry, and from Childsbury ferry aforesaid to the 
plantation commonly called Silk Hope, inclusive; and on llie western side 
of Cooper river, all that road that leads from Cliildsbury ferry aforesaid, to 
the plantation of William Normon, exclusive; which said roads and every 
of them to be repaired, shall be repaired and amended, from time to time, 
by the labor of all male persons, as well whites as slaves, from sixteen to 
sixty, (at the discretion of the said commissioners, in proportion as they 
shall see occasion,) of the several inhabitants that live and reside from the 
plantation of Silk Hope, inclusive, to the plantation of Daniel Huger, 
Esquire; and so along the western side of the eastern branch of Cooper 
river, including Childsbury ; and from thence along Cooper river to Watt- 
boo, exclusive ; and from thence in a direct line to Mr Huger's aforesaid ; 
and that the said commissioners shall have power, and they are hereby em- 
powered, (if they find it necessary to build any bridge or bridges over any 
creek or river in any of the roads so to be made as aforesaid,) to agree 
with any person or persons for building the same, and to pay for the same 
by an equal assessment on the slaves of the several inhabitants residing in 
the precincts aforesaid ; and if any one shall refuse to pay the same, then, 
and in such case, it shall be lawful for the commissioners aforesaid, or any 
three of them, by a warrant under their hands and seals, directed to any 
constable of the said precincts, to levy the same on the slaves, goods or 
chattels of any such defaulters ; and by the inhabitants on the w^estern side 
of Cooper river, from the plantation of Mr. Samuel Wragg, exclusive, tak- 
ing in the inhabitants to the eastward of a direct line from said Mr. Wragg's 
to William Norman's, exclusive ; and from thence in a direct line to 
Court Baw, including all the inhabitants betwixt that and Cooper river; 
and that the said inhabitants be, and are hereby, exempted from working 
on any other road whatsoever ; any former Act to the contrary hereof in 
any wise notwithstanding. 

Vni. And be it further enacted., That the commissioners aforesaid, three 
•whereof shall be a quorum, shall meet at Childsbury aforesaid, on the Commissioners 
nineteenth day of March next, ensuing, for the purposes aforesaid, and on 
the nineteenth of September, yearly, and as often at all other times as 
they shall see occasion ; and that the commissioners aforesaid, or any three 
of them, shall have the same powers and authorities in relation to the pre- 
mises, and for amending and repairing the said roads and keeping the 
same in repair, in forcing said male persons to work, and making warrants 
of distress against defaulters, and otherwise, as are given to any the com- 
missioners of roads by virtue of any Act of General Assembly heretofore 
made in this Province. 

IX. And he it further enacted by the authority aforesaid, That the Act 
for erecting a ferry at Childsbury aforesaid, from and after the finishing of Act to charter 
the said bridge and causways, be, and is hereby declared to be, repealed : and t''^ ''^'"O'' ''^- 
that all other commissioners heretofore nominated for repairing and mend- {^J:ij^eis gnjslj. 
ing of the roads hereby appointed to be repaired and amended by the com-ed, " 
missioncrs herein named, be, and are hereby, discharged from the said 
office; and also, that the commissioners hereby appointed, or the major 
part of them, in case any of them shall happen to die, go oti", or refuse to 



46 STATUTES AT LARGE 

^•'^•^''''^- Acts relating to Roads, Bridges and Ferries. 

act, shall have power to nominate and choose another commissioner in the 
room and stead of him so dying, going otF or refusing to act, who shall 
have the same powers and authorities as hereinbefore is given to any of the 
commissioners hereinbefore named. 

X. And he it further enacted by the authority aforesaid, That in case 
Repairs. ^^e proprietor or proprietors does neglect to repair and amend the said 
bridge when duly required thereto by the commissioners, the said commis- 
sioners shall have power, and are hereby empowered, to get the said bridge 
repaired so that it be safe and convenient for passengers ; and the charges 
thereof, if it does not exceed forty shillings, to be recovered from the pro- 
prietor by the majority of the commissioners, according to the Act for trial 
of small and mean causes ; and if it does exceed forty shillings, then to be 
recovered by action on the case ; Provided, the damage so repaired has 
not happened by some unforeseen accident, and not neglect. 

XL And be it enacted by the authority aforesad. That in case the pub- 

How it inav be ''^. ^'^^'1 ^'""'^ ^*' ^^^^'' ^'^"^ expiration of ten years, to redeem the said 

made a public bridge for public use, it may and shall be lawful, and the General Assem- 

bridge. bly does hereby reserve to themselves, the power to purchase the said 

bridge, paying to the proprietors the sum which shall be adjudged by proper 

persons, to be appointed by the General Assembly, to be the value of the said 

bridge at the time they shall demand the same. 

Read three times and ratified in open Assemhly, 
the 20th Fehruarij, 1718—9. 

ROBT. JOHNSON, 
A. SKEENE, 
NICHOLAS TROTT. 
CHAS. HART. 
THOS. BROUGHTON, 
FRANCIS YONGE. 

Repealed by Act of 1721. 



No. 411. AN ACT for the making of a Road or Highway from Johnson's 
Fort, on James's Island, to the west end of the Causway lead- 
ing TO Wappoo Bridge, and from the said Causway into the 
High Road leading from the Plantation of Mr. Wm. Gibbes, 
TO THE Church of St. Andrew, on the South side of Ashley 
River ; and for explaining the first clause of an Act of As- 
sembly OF THIS settlement, RATIFIED THE TENTH DAY OP NOVEM- 
BER, 1711, RELATING TO THE CUTTING AND MAKING A PaTH OUT 

FROM THE Road on the North side of Ashley River, to the 
TOWN OF Wilton, in Colleton county. 

WHEREAS, the want of convenient roads, upon all occasions, hath 
much prevented the uniting of our forces in the defence of this Colony : 
therefore, for the speedy conjunction of the same, ai)d the easier commu- 



OF SOUTH CAROLINA. 47 

Acts relating to Roads^ Bridges and Ferries. A. D. 1719. 

nicating and carrying on of any alarms in this time of war, as well as for 
the conveniency of the inhabitants of this settlement, for all other occa- 
sions, 

I. Beit enacted hy the Honorable James Moore, Esq., Governor, by 

and with the advice and consent of the Council and the Representatives Road from 
of the inhabitants of this settlement in South Carolina, now assembled at f;;'(vappoo''° 
Charlestown, and by the authority of the same, That with all convenient Bridge, 
speed, after the passing of this Act, at the equal charge and labor of 
all male persons, as well whites as slaves, from sixteen years of age to six- 
ty, inhabiting upon James's Island, shall be made, mended and kept clear, 
one convenient road and highway from Johnson's Fort, on that island, to 
the west end of the causway leading to Wappoo bridge, at least sixteen feet 
wide, at the discretion of the commissioners hereafter named ; and that 
Maj. Arthur Hall, Mr. William Wilkins, Mr. John Kearn, Mr. John Wit- 
ter, and Mr. John Sandiford, or any three of them, be commissioners; 
and that they have the same full powers, and be under the same restrictions 
and penalties, as any other commissioners of the highways now have and 
are under, by virtue of any Act or Acts relating to the highways now in 
force in this settlement. 

II. And he it further enacted by the authority aforesaid, That with all 
convenient speed, after the passing of this Act,, at the equal charge and 
labor of all male persons, as well whites as slaves, from sixteen years of 
age to sixty, inhabiting from the plantation of Mr. William Gibbes, inclu- 
sive, to the bridge over Cuppain creek, inclusive, and all the inhabitants of 
the south-east side of the said creek, inclusive, shall be made, mended and 
kept clear, one common road and highway, from the west end of the cans- 
way leading to Wappoo bridge, into the high-road leading from the planta- 
tion of Mr. William Gibbes, to the Church of St. Andrew, on the south 
side of Ashley river ; and that the said road and high-way be at least six- 
teen feet wide, at the discretion of the commissioners hereafter named ; and 
that Col. William Bull, Mr. John Godfrey, and Mr. Samuel Jones, or any 
two of them, be commissioners; and that they have the same powers, 
and be under the same restrictions and penalties, as any other commission- 
ers of the highways now have and are under, by virtue of any Act or Acts 
relating to the highways, now in force in this settlement. 

III. And whereas, some doubts and scruples have arisen, concerning the 
powers and authority of the present commissioners for the road from south |°ono tTwil- 
Stono to Wilton, as empowered by an Act entitled "An additional Act to an ton. 
Act entitled an Act for the cutting and making a path out from the road 
on the north side of Ashley river, to the town of^ Wilton, in Colleton coun- 
ty," ratified in open Assembly the ninth day of April, in the year of our 
Lord one thousand seven hundred and six ; and by one other Act entitled 
"An additional Act to the several Acts for making and repairing the high- 
ways," ratified in open Assembly, the seventh day of June, in the year of 
our Lord one thousand seven hundred and twelve. It is herehy enacted by 
the authority aforesaid, That they, the said commissioners, or any of them, 
shall not be liable to or incur any pains, fines or penalties for their acting 
or doing any thing to the said road or path from south Stono to Wilton, or 
to or for any bridges on the said road ; any thing or things in 'the above 
said recited Acts, or in the first clause of one other Act of this settlement, 
relating to the cutting and making a path out from the road on the north 
side of Ashley river, to the town of Wilton, in Colleton county, ratified in 
open Assembly, the tenth day of November, in the year of our Lord one 



48 STATUTES AT LARGE 

•A-I)- IT"!!). j{cj.s relating to Roads, Bridges and Ferries. 

thousand seven hundred and eleven, to the contrary thereof contained, in 
any wise notwithstanding ; and that the present commissioners for the road 
from South Stono to Wilton, who of late have and do continue to act as 
such, are hereby declared to be commissioners for the said road, and shall, 
from the time of the passing of this Act, have and be invested with as full 
powers and authority, to all intents, constructions and purposes, and be like- 
wise under the same restrictions and penalties, as any other commissioners 
of the highways now have and are under, by virtue of any Act or Acts re- 
lating to the highways, now in force in this settlement. 

IV. Whereas, the bridge over the north-east branch of Stono river is ve- 

ry much out of repair ; and as the charge of making the same good will 

Bridge over |u,g jq^ great a burden for the inhabitants to bear, who live thereabouts, 
btoiio nvcr to i , ,• , , , , , • i ■ ii ^ c ii 

be repaired. iind are obliged to make, mend and keep in good repair, the road trom south 

Stono to Wilton, Beit therefore enacted by the authority aforesaid. That 
it shall and may be lawful for any three or more of the commissioners of 
the highways from South Stono to Wilton, to draw an order, under their 
hands, on the public receiver, for the payment of the sum of one hundred 
and thirty pounds, current money, out of the public treasury, towards de- 
fraying the charges of making good the said bridge ; (the said commission- 
ers certifying therein that the said bridge is tinished ;) and the public recei- 
ver is hereby required to pay the same accordingly. 

V. And, in order to the keeping the said bridge, when finished, in good 
Toll. order and repair, it is hereby declared and enacted, That it shall and may 

be lawful to and for the said commissioners, and they are hereby impowered, 
to impose and exact, by way of toll, the sum of twelve pence per head, on 
all neat cattle, by any persons driven over the said bride ; which said mo- 
ney, arising thereby, they shall appoint a person or persons to receive; and 
are also hereby empowered to lay out the same upon and towards the keep- 
ing the said bridge in good order and repair, and to none other use, intent 
or purpose whatsoever; and in case of failure of payment of the said toll, 
by any person, the same shall be recovered of and from every such person 
refusing, as in the Act for the trial of small and mean causes is directed. 

VI. And be it further enacted by the authority aforesaid. That in every 
part of this settlement of South Carolina, where a bridge of fifty feet or 

Bridges, rule nioie is already made over any river or creek, the proper commissioners 
tor keeping in therein concerned shall be, and they are hereby, impowered, in order to 
repair. j^^^^ g^^^^j^ bridges in good order and repair, to impose and exact the like 

toll, as in the last recited clause mentioned, and to be applied for the same 
uses and purposes ; and that the said toll be recovered after the sBme man* 
ner as is therein expressed ; any Act, law, custom or usage to the contrary 
thereof, in any wise, notwithstanding. 

I do assent to this Act, this 12th day of February, 
Anno Domini 1719. 

JA. MOORE. 

Repealed by Act of 1721. 




OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 

an act for continuing the road on the south sioe of asuley no, 412. 
River, from the Creek commonly called Jacob''s or Wait's Creek, 

TO WeSTO SaVANA, INfJLUSIVE. 

WHEREAS, the want of convenient roads, upon all occasions, liatli 
much prevented the uniting of our forces in the defence of this Colony : 
therefore, for the speedy conjunction of the same, and the easier commu- 
nicating and carrying on any alarms in this time of war, as well as for the 
conveniency of the inhabitants of this settlement for all other occasions ; 

I. Be it enacted, by the Honorable James Moore, Esq., Governor, by and 
with the advice and consent of the Council and the Representatives of the 
inhabitants of this settlement in South Carolina, now assembled at Charles- 
town, and by the authority of the same, That with all convenient speed, 
after the passing of this Act, at the equal charge and labor of all male per- 
sons, as well whites as slaves, from sixteen years of age to sixty, inhabiting 
on the south side of Ashley river, from the plantation of Richard Bedon, 
inclusive, to Westo Savana, inclusive, shall be made, mended and kept 
clear, at the discretion of the commissioners hereafter named, one common 
road or highway, at least sixteen feet wide, from the creek commonly call- 
ed Jacob's or Wait's creek, to Westo Savana, inclusive; and that Alexan- 
der Skene, Esq., Mr. Richard Bedon, and Mr. Peter Goulding, or any two of 
them, be commissioners for the doing thereof; and that they have the 
same powers, and be under the same penalties and restrictions, as any other 
commissioners now have and are under, by virtue of any Act or Acts 
relating to the highways, now in force in this settlement. 

/ do assent to this Act, this 12th day of February, 
Anno Domini 1719. 

J A. MOORE. 

Repealed by Act of 1721. 



AN ACT TO empower the several Commissioners of the High- No. 442. 
Roads, private Paths, Bridges, Creeks, Causeys, and cleansing 
of Water-passages, in this Province of South Carolina, to al- 
ter and LAY" out the SAME, FOR THE MORE DIRECT AND BETTER 
CONVENIENCY OF THE INHABITANTS THEREOF. 

WHEREAS, it is found inconvenient to have many laws in this Pro- 
vince for the making and keeping in repair the several highwavs therein, Preamble, 
and for that it is now necessary to compose the same in one entire law, and 
to give further powers to the commissioners therein named, than anv here- 
tofore have had, in laying out both public and private paths, making cau- 
seys not exceeding twenty feet in width, building bridges not exceeding 
forty feet in length, clearing of water-courses and creeks, in order that the 

VOL. IX— 7. 



50 STATUTES AT LARGE 

A.I). 1721. Acts relating to lioads, Bridges and Ferries. 

same may be made, altered and kept in repair, for tlie better communica- 
tion of tlie inbabitants of this Province, on all occasions, in the several 
and respective parishes and precincts hereinafter named — we pray your 
most sacred Majesty that it may be enacted, 

I. And be it enacted, by his Excellency Francis Nicholson, Esqy, Gover- 
nor, by and witli the advice and consent of his Majesty's Honorable Coun- 
cil, and the Assembly of this Province, That the Honorable Ralph Izard, 
Commi.^sioners Esq., Col. Michael Brewton, Mr. John Pendarvis, Mr. Thomas Fairchild, 
for the iiigh- jin^] ]V{i-, Daniel Green, be commissioners for all the high-roads, private 
parish of St. P^iths, causies, bridges, creeks, passages and water-courses, laid out and to 
Pliilip. be laid out, made and to be made, mended, cleared and altered, in the 

parish of St. Philip's, Charlestown ; and that the road from Charlestown to 
the Quarter-House, be made forty feet in breadth. 

H. And /)e it furfJ/er enacted by the nuihorilj aforessi'id, That the com- 
bf;-'l«'=q"i '° missioners aforesaid shall be, and they are hereby, empowered equally and 
inditferently to assess all the inhabitants of the said parisii, according to 
their several estates within the same, in order to raise such sum and sums of 
money as will be necessary and wanting to mend and repair the public 
roads, creeks, bridges and passages in the said parish ; and in case any 
of the said inhabitants shall refuse or neglect to pay such sum or sums of 
money so assessed as aforesaid, that then it shall and may be lawful for the 
said commissioners, and they are hereby empowered, to issue a warrant, 
under their hands and seals, directed to any lawful constable in the said 
parish, to levy on the goods and chattels of such persons as shall refuse or 
neglect to pay, as aforesaid, the sums of money assessed on them, as afore- 
said, and to expose the said goods to public sale, returning the overplus, if 
any there be, to the owner of the said goods, deducting the reasonable 
charges on the said warrants. 

r, ■ ■ ni. And he it farther enacted by the authority aforesaid, That Capt. 

Commissioners _,, _ -^ . ■' t» i i i t r> i 

for Christ 1 homas Lynch, Maj. Jolin Vandcrhost, Ihomas Barksdale, Jonas Bonhost, 
Chiirth parish. John Huggins, David Batchelor, Charles Lewis, George Benson, and Mr. 
Thomas Boone, be commissioners for all the highroads, private paths, 
bridges, causer's, creeks, passages and water-courses, laid out and to be laid 
out, made and to be made, mended, cleared and altered, in Christ Church 
Parish. 

IV. And he it further enactedhy the authority aforesaid, That Col. Robert 
For St Thom- '^*-''''"^°" ' ^^'- R^obert Daniel, Mr. Richard Smith, Mr. Samuel Commander, 
as and St. Mr. Peter Johnson, sen., Mr. Charles Haze, Mr. John Ashby, Richard 
Dennis. Beresford, Esq., Mr. Jonathan Russ, Capt. Robert King, and Mr. Lewis 

Dutarque, be, an^l are hereby appointed, commissioners for all and every 
the high-roads, private paths, causeys, bridges, creeks, passages and water 
courses, laid out and to be laid out, made and to be made, mended, cleared 
and altered, in St. Thomas's and St. Dennis's parish. 

V. And he it further enacted l)y the authority aforesaid. That Col. Tho- 
ForSt. John's. ™^^ Broughton, Major Percival Pawley, Daniel Huger, Esq., Maj. Jonathan 

Drake, Maj. David Durham, Mr. Rene Ravenel, Mr. Lamboth Sanders, 
Mr. Gabriel Marrion, Mr. Peter de St. Julien, Mr. Elias Ball, and Mr. 
Isaac Childs, be, and are hereby appointed, commissioners for all and every 
the high-roads, private paths, causeys, bridges, creeks, passages and water 
courses, laid out and to be laid out, made and to be made, mended, clear- 
ed and altered, in St. John's parish. That the aforesaid commissioners, for 
all and every the high-roads, private paths, causeys, bridges, creeks, passa- 
ges and water-courses, laid out and to be laid out, made and to be made. 



OF SOUTH CAROLINA. r,i 

Acf.t relating to Roads, Bridges and Ferries. A. D. 1731. 

mended, cleared and altered, in St. .John's parish aforesaid, be, and are 
hereby appointed, commissioners for all the hij^fh-roads, private paths, cau- 
seys, bridges, creeks, passages and water-courses, laid out and to be laid 
out, from Maj. Charles CollctonVs Savanna, over Higgon bridge, to the 
plantation of Mr. Rene Ravenel, commonly called Pusiiee ; and also, that 
the commissioners aforesaid l)e, and are hereby appointed, commissioners 
for all the high-roads, private paths, causeys, bridges, creeks, passages and 
water-courses, laid out and to be laid out, made and to be made, mended, 
cleared and altered, in that part of St. John's parish as leads from Childs- 
bury to Mr. John Cough's Landing, and from said road as leads from Mr. 
(rough's Landing in a northerly course to Daniel Huger, Esq's., fence, 
and from said fence northerly to Francis William's plantation, late deceased, 
exclusive. 

VL And be it further enacted by the authority aforesaid, Tiiat for all and 
every the high'-roads, private paths, causeys, bridges, creeks, passages and ^"j'^^J- J^'»es 
water-courses, laid out and to be laid out, made and to be made, mended, 
cleared and altered, in the parish of St. James's Santee, to act in their se- 
veral districts, be the commissioners hereinafter named, viz : that Mr. John i\\ E. of Santee 
Lane, Mr. John Bell, sen., and Mr. John Bell, jr. , be, and are hereby nom- river, 
inated and appointed, commissioners for that part of said parish that lies 
on the north-east side of the northermost branch of Santee river ; that Mr. . 
Jonas Ceilings, Capt Daniel Megrigry, and Mr. Elias Horry, be, and are' °" 
hereby appointed, commissioners for that part of said parish that lies on 
the south-west side of said river, as far as from Oindaw to Mr. Elias Hor- 
ry's, inclusive. And whereas, Oindaw creek is the proper bounds of the 
two parishes, viz : Christ Church parish and St. James Santee, and that 
there has been no bridge built over the same, the commissioners appointed p^^ ^j^.^^ ^^^^ 
by the said Act, for each side of the said creek, shall join by an assessment of St. James 
laid equally, from the age of sixteen to sixty years, on all the male persons Santee trjm E. 
living on each side of said creek, for building the same. And James Kin- gj^.g to {he 
loch, Esq., Capt. John Gendroon, Mr. Peter Roberts, sen., Mr. Noah Serre, bounds of the 
Mr. James Guery, and Mr. Peter Perdriau, jun., be, and are hereby ap- '^°""^-^- 
pointed to be, commissioners for that part of said parish, from Elias Horry's, 
exclusive, to the bounds of the county, by or near the ])lantation of Fran- po^ that part 
cis Williams, deceased ; that Mr. William Watis, Mr. William Drake, and from Beetaw 
Mr. Jonathan Palmer, are hereby nominated and appointed commissioners 'o''**^ ''°""''^ 
for all that part of said parish that lies on Santee river, from Beetaw, or towards Coop- 
thereabouts, to the bounds of the said county, towards the head of Cooper er river, 
river, commonly called the Governor's Tree ; and lastly, that Capt William 
Furbush, Mr. Elisha Scriven, Capt. Meredith Hughes, Mr. John Haze, and ForUmyaw. 
Mr. Nathaniel Ford, be, and are hereby appointed, commissioners for all 
and every part of the aforesaid parish commonly called Winyaw. 

VH. And whereas, the cut creek through a neck of marsh in that part of 
Cooper river near the Red Bank, is, by long neglect, so filled up that it is For repairinsr 
passable only at high water, to the great delay of such boats and pettyau- ^nd dig^m^ tJie 
gers as are obliged to pass that way : Be it enacted by the authority afore- Red-Bank, 
said. That Maj. Jonathan Drake, Cajit. Edward Hyrne, and Dr. Nathaniel 
Snow, be, and are hereby appointed, commissioners for the repairing the 
said creek, and digging it wider, and as deep as low water mark ; and that 
the said commissioners have full power to agree with any person or persons 
for the cutting and cleansing the same; and that a tax be raised on all 
male persons above the age of sixteen and under sixty, inhabiting from the 



..j^ 






52 STATUTES AT LARGE 

A. D.I 721. ^c/* relating to Roads, Bridges and Ferries. 

northermost end thereof, viz : on all the upper part of t1ie said river, and 
the branches and creeks thereof, or all persons making use of any landing 
on the said river, or any of the branches or creeks of the same, for trans- 
porting any goods to Charlestown. 

VIII. knd. be it further enacted by the authority aforesaid, That Col. 
For St. Jmnos Thomas Smith, Benjamin Schenckingh, Esq., Capt. Roger Moore, Capt. 
Goose Creek. William Dry, Capt. Edward Hyrne, Mr. John Oldfield, Mr. John Stone, 
and Mr. John Parker, be, and are hereby appointed, commissioners for all 
and every the high-roads, private paths, causeys, bridges, creeks, passages 
and water-courses, laid out and to be laid out, made and to be made, men- 
ded, cleared and altered, in the parish of St. James Goose Creek. 
F that. Dart ^^' ^^^' ^^ ^^ further enacted by the authority aforesaid, That Messrs. 
ofSt. An- William Elliott, George Smith, and Richard Butler, be, and are hereby 
(Irew's jiarish, appointed, commissioners for the north side of Ashley river, lying in St. 
gjfig yf ^gjjlev Andrew's parish; and that Mr. W'illiam Cattel, Mr. Champernown El- 
river. Hot, and Mr. William Ladson, be commi.ssioncrs for that part of the said pa- 
For ilie gouth '"ish that lies on the south side of the river from Hooper''s bridge, in- 
side of the said elusive, to the bounds of St. George's parish ; and That Mr. William Ful- 
"^*''^' ler, Capt. Richard Godfrey, and Mr. Samuel Jones, be commissioners for 
all that part lying on the south side of said river, from Hooper's bridege, ex^ 
elusive, downwards, and to Wappoo creek and James Island, the bridge and 
For James's <^f^u-'^6y going over to the said island also exclusive ; and that Major Arthur 
Island. Hall, Mr. Wm. Wilkins, Mr. Jno. Whitter, Mr. John Heme, and Mr. Rich- 
ard Woodward, be commissioners for ail and every part of James island, 
lying and being in the aforesaid parish, the causey and bridge leading 
over Wappoo creek to the land of Mr. Richard Godfrey, included ; and 
Fo s G -r ^^^°' ^^^^ ^'"' Thomas Waring, Mr. Robert Dews, Mr. Edward Ardin, Mr. 
» 'William Wallace, and Col. Joseph Blake, be commissioners appointed for 
For the rond ^"^^^ ^Vi\i of St. George's parish that lies on the north side of the head 
from Mr. War- of the said river; and that Mr. Joseph Smith, Mr. Joseph Sumner, Mr. 
ti'v^r. "^ William Way, be, and are hereby appoin^eJ, commissioners for a road 
from the plantation of Mr. Thomas Waring, exclusive, to Edisto river ; 
and lastly, that Capt. Walter Izard, Mr. William Sanders, Mr. Ben- 
From Ashley jamin Izard, be, and are hereby appointed, commissioners for a road from 
river to Was- Ashley river to Walter Izard's plantation, on Wassamsaw Swamp. 

samsaw, ~v a i i • n n ti i- c -i mi k I 

A. And be it jurt her enacted by the authority aioresaid, Ihat Alexan- 
St. Gerge's, der Skeene, Esquire, Mr. Peter Golding, Mr. Josiah Osgood, Mr. Richard 
south of Ash- Baker, and Mr. Thomas Waring, be, and are hereby appointed, commis- 
^' sioners for all and every the high roads, private paths, causeys, creeks, pas- 

sages, and water courses, laid out and to be laid out, made and to be made, 
cleared or altered, in that part of the Parish of Saint George lying on the 
south side of the head of Ashley river. 

XI. And, he it Uke^vise further enacted, by the authority aforesaid, That 

St. Paul's, on Colonel John Fenwick, Captain Hugh Hext, Mr, Alexander Hext, Mr. 

John's Island. joh„ Raven, Mr. John Gibbes, Mr. Samuel Jones, and Mr. John Stan- 

yarne, bt, and are hereby appointed, commi.ssioners for that part of the 

Parish of Saint Paul's that lies on St. John's Island ; and that Mr. William 

Williams, Mr. Samuel Underwood, and Mr. John Jervis, be commissioners 

Wadmalaw. ^1' that part of the said Parish lying on Wadmalaw Island; and likewise, 

that Mr. Paul Hambleton, Mr. Joseph Russel, Mr. John Fripp, Mr. Joseph 

Edisto Island. Cealy, and Captain William Edding, be commissioners for that part of the 

above said Parish lying on Edisto [sland ; and that Captain John Bee, 

Mr. John Williamson, and Mr. Daniel Hendrick, be commissioners appoint- 

ed for that part of the said Parish lying from Pon Pon Bridge to the north 



OF SOUTH CAROLINA. 53 

Acts relating to Roads, Bridges and Ferries. A. D. 1721. 

side of Stono river; and that Captain Cliristophcr Wilkinson, Colonel 
Abraham Eves, and Mr. Richard Capers, be commissioners for that part of 
the said |)arish from Wilton to the north branch of Stono river. 

XII. And he it further enacted, by the aiitliorily aforesaid. That Capt. 

■ John Jackson, Mr. Robert Cox, and Captain Edmund Bellinger, be, and ^^j^^g,.^^ P .^^ 
are hereby appointed, commissioners for that part of the said parish lying and Ashley, 
between the west side of South Edisto river and the north-east side of;'"'] Ashley 
Ashepoo river; and that Captain Thomas Townsend, Mr. William Bellin- ' 
ger, and Mr. John Edwards, be commissioners appointed for that part of 
said parish lying between the west side of Ashepoo river and the north- 
east side of Conibee river. 

XIII. And, be it further enacted' by the authority aforesaid. That Capt, 

John Palmer, Mr. John Bull, and Mr. Joseph Bryan, jr., be, and are here- St. Helena, 
by appointed, commissioners for all and every the high roads, private paths, 
causeys, bridges, creeks, passages, and water courses, laid out and to be 
laid out, made and to be made, mended, cleared and altered, in that part 
of Saint Helena Parish that lies on the south west side of Combee river ; 
and that Colonel John Barnwell, Captain Peter Parmcnter, and Mr. Wm, 
Hazard, be, and are hereby appointed, commissioners for that part of the 
said parish lying on Port Royal Island ; and lastly, that Mr. Richard Rey- 
nolds, Mr. John Cowin, and Mr. George Norton, be commissioners for that 
part of the said parish lying on St. Helena and Combee Islands. 

XIV. And he it enacted by the authority aforesaid. That Mr. Samuel 

Jones, Michael Reynolds, and Mr. Paul Hai ibleton, be, and are hereby For the Haul 
appointed, commissioners for cutting, cleaning, and keeping in repair the over. 
cutt or creek commonly called the Hawl Over, by Mr. Samuel Jones, on 
St. John's Island ; and that all the inhabitants making use of the said 
creek to go to Charlestown, residing on and near Bohickett creek, as 
also all the inhabitants on the south-east side of Edisto Island, that fre- 
quently uses to go through said creek to Charlestown, shall personally work 
in cutting, cleaning, and keeping in repair said creek. 

XV. And he it further enacted by the authority aforesaid. That Mr. 

John Wilkins, Major Arthur Hall, Captain John Raven, Mr. Samuel Jones, New Town 
and Captain Tliomas Ladson, be, and are hereby appointed, commissioners ^"t- 
for the cleansing and enlarging that passage commonly called Newtown 
Cut, who are hereby empowered to oblige all the male persons from the 
age of sixteen years to sixty, living and residing on James Island, and also, 
all the male persons living on the southermost end of John's Island, ex- 
cepting those living on the south side of Bohickett creek, from the house 
of Captain John Raven, inclusive, to the plantation of Captain Thos. Lad- 
son, lying near Bohicket creek, inclusive; and from said Thomas Ladson's 
plantation to the plantation of Mr. Samuel Jones, on the head of Ceyawah 
river, inclusive ; and likewise, the inhabitants on Ceyahaw Island, and the 
inhabitants on Mr. Cole's Island, on the north-east side of Stono river. 

XVI. S.nd he it further enacted hy the authority aforesaid. That Col. 

John Fenwick, Ciipt. Hugh Hext, Mr. Richard Capers, Mr. Richard God- ^Vappoo creek 
frey, Mr. John Gibbes, Mr. Henry Tumor, and Captain Henry Noble, bc*^"'"*^^" 
commissioners for the cutting, clearing and keeping in repair, in such pla- 
ces and in such manner as they shall think tit, for the passing of pettyau- 
gers and canoes, the several creeks and cut otfs lying in Wappoo creek, 
and leading into Stono river, in the most convenient place, whether the 
same he through firm land or marsh ; and that all the male inhal)itants 
making use of any landing on the north side of Stono river, that lies above 



54 STATUTES AT LARGE 

A. D. 1:21. Acf.s relating to Roads, Bridges and Ferries. 

said creek leading into said river; and also, all such male persons mak- 
ing use of any landing on the north side of Stono river, lying above said 
creek leading into said river ; as also, all such male persons residing on St. 
John's island, except those appointed by this Act to cut Newtown creek 
and Jones's Hawlover ; as also, all such male persons making use of any 
landing on the north-west side of Woppoo creek, shall personally work in 
cutting, clearing, and keeping in repair the said creeks and cut offs. 

XVII. And be it further enacted by the authority aforesaid, That Col. 
New Cut ami Abraham Eves, Captain Christopher Wilkinson, Mr. Joseph Russcl, Capt. 
Watt's Cut. John Jack.son, Captain Thomas Barnes, Mr. Ralph Bayley, and Mr. John 

Fripp, be commissioners for the cutting, clearing, and keeping in repair the 
creeks or cuts commonly called New Cut and Watt's Cut ; as also, to cut, 
clear, and keep in repair any other creek and cut off, already cut and to be 
cut, between said New Cut and Gibbons's point, which shall, by the said 
commissioners, be thought proper and convenient for the passing of petty- 
augers from Cbarlestown to Port Royal ; ar d that all the inhabitants residing 
to the southward of said New Cut to said Gibbons's point, inclusive, making 
use of any landing leading through said New Cut, except those as shall by 
this Act be appointed to cut any other creek, shall personally work in cut- 
ting, clearing, and keeping in repair the said creeks and cut ofis. 

XVIII. And mhereas, there is several bridges already built, partly at the 
Bridges, char<ies of the adjoinine inhabitants, and partly bv money given out of the 

now to D6 r6- J c5 7 1*'. v/ o ^ rr\i 

paired. public treasury. Be it tlierrfore enacted by the authority aforesaid. That 

the same hereafter be maintained and kept in repair by the inhabitants 
of the said parish wherein the same stands, by a tax to be levied by the 
commissioners appointed for the same parish, on all the male inhabitants 
from sixteen years old to sixty. 

XIX. k.nd he it further enacted by the authority aforesaid, That all and 
l^e'nm(le*^an'd*°^^^''y *^^ respective commissioners above mentioned, within their pa- 
kept up at the rishes or divisions, or the majority of them, shall, with all convenient 
equal charge gpeed after the ratification of this Act, at the equal charge and labor of all 

of the inhabi- ' , ,, 1 • 1 1 ., ^ • i- -^i • !^l j.- j- • • 

taijts. and every the male inhabitants residing within the respective divisions as 

aforesaid, from the age of sixteen to sixty years, make, mend, alter, and 
keep in repair, all and every the high roads, not exceeding forty feet wide, 
private paths, bridges, causeys, creeks, passages, and water courses, laid 
out and to be laid out, in the aforesaid several parishes and precincts. 

XX. kjnd he it further enacted by the authorit}^ aforesaid, That all 
by comract ^"^ every the respective commissioners aforesaid, within their respective 
&c. ' divisions, shall have full power and authority, and they are hereby autho- 
rized and empowered, to agree with any discreet and sober men, to under- 
take the building any bridges, as they shall see meet and most convenient; 
and shall levy such sum or sums of money for defraying the charges of the 
same, by an equal proportion on all the males from the ages aforesaid, as 
shall be within their several districts, or by the personal labor of the said 
males ; and the said commissioners are hereby likewise further empowered 
to appoint one or more person or persons within their several districts, to 
summon all such male persons as are herein this Act is before expressed, to 
work on the several high roads, private paths, causeys, bridges, creeks, pas- 
sages, and water courses. 

XXI. Knd he it further enacted by the authority aforesaid. That where 
Bridges be- any river or creek lies between two parishes, and either of the said parishes 
tweeii two pa-g[jjj^ij desire a bridge to be built over the said river or creek, for the conveni- 

ency of the inhabitants, the commissioners of both the said parishes are 



OF SOUTH CAROIJNA. ^5 

Act" relating to Roads, Bridges and, Ferries. A.I). 1721. 

hereby required to meet and assess and levy the same, ratcably and propor- 
tionably, on llie inhabitants of" both such parishes ; and tlie inhabitants ot" 
both tlie said parishes shall, likewise, from time to time, repair all bridges 
lying between two parishes. And that all such person and persons so order- pej,a]fy f„r 
ed to summons the several persons aforesaid, for the service of said work, nKglec't olHum- 
(having directions so to do, under the hands of the majority of the conimis- '"""»• 
sioners appointed for that district,) and shall refuse the same, or shall not 
immediately follow such directions, vvithout giving substantial or satisfacto- 
ry reasons to the above said commissioners for their neglect therein, shall 
forfeit the sum of ten pounds; to be levied by the constable of said parish 
or district to which such person or persons so refusing shall live in, by virtue 
of a warrant under the hands and seals of the majority of such commis- 
sioners as are in that precinct, as by this law are appointed ; the one half 
thereof to be for the deiVaying the charges of said work, and the other half 
to be paid to the church wardens for the use of the pooi ; and that all such 
person or persons, after summons, so refusing to go and send all the male 
persons so warned by said person appointed for that service, shall, for him- 
self and all other male persons belonging to him, forfeit the sum of ten 
shillings per diem, for each male person, for the use of the road ; to be levied 
after the same manner as is hereinbefore expressed. And that the com- 
missioners appointed for each parish or district of any parish within men- 
tioned, have hereby full power and authority to nominate, choose and 
appoint, or the major part of them may nominate, choose and appoint, one 
or more overseer or overseers, to attend, view, direct and manage, all such 
male persons aforesaid, for the better carrying on said work; and such Overseers, 
overseer or overseers are hereby empowered moderately to correct all such 
slaves as shall be negligent in the duty or service ; frovided, they make 
use of no other instrument of correction but a switch or cowskin, and give 
such moderate correction to such slaves as shall be reasonable; and in ca.se 
any white male person neglecting to work or do his duty when in place, 
then the said overseer shall return the name of such person to the commis- 
sioners, who may, according to their judgment, fine the said person in such 
sum as they shall think fit, not exceeding the sum of twenty shillings per 
diem, for the first fault, and if repeated, not giving to said commissioners 
reasons to them sufficient, shall be liable to such other fines as they shall 
see meet; and the overseer and overseers so chosen, and refusing to do 
their duty, shall forfeit the sum of ten pounds ; to be levied as afore- 
said. 

XXII. Knd he it further enacted by the authority aforesaid. That if 
any person or persons shall, at any time, stop up, alter, or do any man- 
ner of damage, by stopping of water or other ways, to any of the high f*^"^''y/o'' 
roads, private paths, bridges, causeys or water courses, laid out or ^^^xo^ls^ Lc. 
be laid out, by any of the above named commissioners, pursuant to the 
power granted to them by this Act, every person or persons so offending, 
shall be summoned and required by the said commissioners of that part 
or precinct where the fault was committed, forthwith to amend, repair, 
and clear the same ; and in case of their refusal or neglect thereof, at 
the discretion of the commissioners, to be fined any sum not exceeding 
ten pounds, lawful money of this Province, for each time the commis-" 
sioners shall give said person so oflending, notice to amend, repair and 
clear the same, allowing three days between each notice ; and for non- 
payment of the same, the constable of the said respective parishes, by a 
warrant under the hands and seals of the said commissioners, or the ma- 



56 STATUTES AT LARGE 

A. D, 1721. Acts relating to Roads, Bridgis and Ferries. 

jor part of them, to him directed, is hereby ordered and required to 
levy or distrain for the same ; and all such money so levied or destrain- 
ed, shall, by the said commissioners, be laid out and employed for the 
better repairing the said roads or highways, within the respective divi- 
sions of the respective commissioners so granting said warrant. 

XXIII. And be it further enacted by the authority aforesaid, That 
Sh lie t p t ^^^^^" ^"y ^'^^f' shall be laid out, altered or mended, in any part of this 
be left. Province, that the commissioners of such precinct shall give directions for 

the leaving such trees standing on or near the line of each such road or 
path, as shall be most convenient for shade to the said road or path; and 
in case any person, after such road or path is laid out, altered and cleared, 
shall cut down a tree growing within ten feet of the path, shall, for each 
tree so cut down, forfeit the sura of twenty shillings ; to be disposed of ac- 
cording as in the case of defaulters, and to be levied after the same manner 
as aforesaid. 

XXIV. And he it further enacted by the authority aforesaid, That if 
Penalty on ^"7 *^"^ '^^ ^^^^ Commissioners hereby appointed, for making, mending and 
Commissioners altering high roads, private paths, causeys, bridges, creeks, passages, and 
for neglect. water courses, as is hereinbefore expressed, mentioned, or intended by the 

said Act to be mentioned, intended or expressed, shall refuse to act, or 
refuse to do his duty, in and about the making, mending, and altering the 
several high roads, private paths, cause3s, bridges, creeks, passages, and 
water courses, as aforesaid, shall forfeit the sum often pounds, as often as 
he shall neglect to join the commissioners ; which sum or sums so forfeited, 
shall be recovered by a warrant from under the hands of the majority of the 
commissioners of the parish or precint; to be recovered and disposed of as 
they shall think tit, 

XXV. And he it further enacted by the authority aforesaid. That if any 
Penalty for op- person or persons whatsoever, by themselves, slaves or servants, shall, by 
posing the any ways or means, stop up or obstruct the passage on the roads aforesaid, 

C(.mmissioner3. u- i /■ i ■ i xi z xi • i T . » ^ „ „ ' 

or ninder, lorbid or threaten the said commissioners or any traveller, irom 
travelling the said roads, or shall hinder, forbid, or oppose the said commis- 
sioners, themselves, servants, or workmen, from cutting down, falling, or 
making use of any timber, wood, earth or stones, in or near the said roads, 
for mending, making or repairing the sarne, as aforesaid, shall, for each and 
every such offence, forfeit the sum of fifty pounds ; to be recovered by the 
said commissioners in that district where the ofience is committed, by in- 
formation, in any court of record ; and the money so recovered, to be by 
them disposed of for the reparation of the said road. 

XXVI. And he it further enacted by the authority aforesaid. That all the 
Commissioners commissioners hereby appointed for each parish, sliall meet at the Parish 
when to meet. Church, and where there is no church, at the place where the majority of 

the commissioners shall think fit, at least twice a year, viz ; on Easter 
Monday, and on the first Monday in August ; and the said commissioners, 
or the majority of them so met, are hereby empowered to determine all 
disputes that may arise in any respect, concerning any of the high roads, 
private paths, bridges, causeys, creeks, passages, and water courses, alrea- 
dy made, or which they shall think proper to be made, in their said parish ; 
and also, to agree to the dividing the several parts of the paths to each 
commissioner's particular care, as they shall then and there agree to; and to 
assign every person liable to work about the paths, where they shall work ; 
and to choose another commissioner in the place of any one or more that 
may happen to die, gooff the Province, or refuse to act. 



OF SOUTH CAROLINA. 67 

Kcts relating to Roads, Bridges and Ferries, A. U. 1722. 

XXVII. And be it further enacted by the authority aforesaid, That in 

case the commissioners of each parish, or the majority of them, for any ie"ct^orcoiii"^^" 
reason whatsoever, should neglect or refuse to do as thoy are hereinbefore iwissioners. 
directed, so that all or any of the highways in such parish may be neglect- 
ed, to the great prejudice of this Province, then and in such case, his Ex- 
cellency, Francis Nicholson, Esquire, or the Governor for the time being, 
is hereby desired and empowered, on application made to him from any 
three or more of the commissioners in the said parish, to appoint one or 
more commissioners, to act in the room of him or them that may be dead, 
gone otr, or remove out of the parish or district, or refuse to act ; which 
commissioner or commissioners so appointed shall have the same powers, 
and be subject to the same penalties, as the commissioners hereinbefore 
named. 

XXVIII. And he it further enacted by the authority aforesaid, That all 

Act and Acts heretofore passed in this Province of South Carolina, and all All former 
and every clause or clauses of the same, in relation to the making, mend- ^^^ repealed, 
ing, and altering any high roads, private paths, causeys, and bridges, is 
hereby declared repealed, revoked, discontinued, and made void forever ; 
any limitation in the said Acts contained to the contrary notwithstanding. 

JAMES MOORE, Spealcer. 

Charlestown, September the fifteenth, 1721. 

Assented to : FRANCIS NICHOLSON, Governor. 



AN ACT TO CONFIRM AXD ESTABLISH TWO BrIDGES NOW STANDING OVER IVo. 462. 
THE HEAD OF ASHLEY RiVER ; AND FOR BUILDING ANOTHER BrIDGE 

FROM THE South side of the said River to Dorchester Town. 

WHEREAS, a bridge now built over the head of Ashley river, com- 
monly called Steven's Bridge, and another bridge conimonly called Mr. Preamble. 
Thomas Waring's Bridge, although they were not built by public authori- 
ty, have been found to be of very great use to the public, and absolutely 
necessary for the inhabitants of each side of the said river, and tend very 
much to the security of this Province, by opening a communication for the 
inhabitants in case of alarms. We therefore pray your most sacred Ma- 
jesty, that it may be enacted, 

I. And be it enacted, by his Excellency Francis Nicholson, Esquire, 
Governor, by and with the advice and consent of his Majesty's Honorable (jj^^ ,, , 
Council, and the Assembly of this Province, and by the authority of the Waring's 
same. That the aforesaid bridges, commonly called Stevens's bridge and ^[■'''?^s •'«- . 
Mr. Thomas Waring's bridge, shall be, and arc hereby declared to be, pub- "" P"'"'"'* 
lie bridges now standing and being by lawful authority, and for the use of 
all persons passing and repassing over the said river, without the least hind- 
rance, molestation, or eviction of any person or persons whatsoever. 

VOL. IX— 8. 



58 STATUTES AT LARGE 

A. 1). 1722. Acts relating to Roads, Bridges and Ferries. 

II. And be it furt/ier enacted by the authority aforesaid, That a road 
Road from Ste- be laid out, twenty feet wide, from the bridge commonly called Stevens's 
vens's bridge, bridge, on the south side of said river, to the high road that goes from 

Jacob's creek to Westo Savanna ; which road shall be made and kept in 
repair, as well as the said bridge, at the equal charge and labor of all the 
male persons from the age of sixten to sixty years, residing between the 
plantation of Mr. William Wallace, late belonging to Mr. Jacob Satur, ex- 
elusive, to Westo Savanna, inclusive, and as far back as Wappoo and 
Jack's Savanna, and shall be held and deemed the high road to a landing 
for the back settlers, on the south side of Ashley river in St. George's 
parish, from and after the said river is cleared and made navigable for a 
loaded pcttyauger up to Stevens's bridge, of which all the commissioners of 
the said parisli, or the major part of them, shall be judges ; and that Peter 
Goulding, Josiah Osgood and Richard Baker, shall be, and are hereby, ap- 
pointed commissioners to execute all the powers and authorities of this Act, 
relating to the making and keeping in repair the said road and bridge. 

III. And be it further enacted by the authority aforesaid. That a road 
,„ be laid out not exceeding thirty feet wide, and leading over the bridge 

ring'i! I'ndee.^" commonly called Mr. Thomas Waring's bridge, from the high road on the 
north side of the said river, to the high road that leads from Mr. Thomas 
Waring's plantation to Edisto river ; which road shall be made and kept in 
repair, as well as the said bridge, at the equal charge and labor of all male 
persons from the age of sixteen to sixty years, on the south-west side of 
said river, lying from Westo Savanna, exclusive, to Job Chamberlain's, 
inclusive; and that Joseph Smith, William Way, and Joseph Summer, be, 
and are hereby appointed, commissioners for executing the several powers 
and authorities given and granted by this Act, relating to the making and 
keeping in repair the said road and bridge. 

IV. And be it further enacted by the authority aforesaid, That with all 
convenient speed, after the passing of this Act, a bridge shall be built over 

BriiliTfi over Ashley river, from any part of the place laid out for a town called Dorches- 
AsliK'.v utDor-ter, on the north side of the said river, to any proper place on the south 
chfsicr. gjj^ ^^ ji^g g^j^ river, at the discretion of the majority of the commission- 

ers hereinafter named, who are hereby empowered to draw on the public 
treasury for the sum of tifty pounds towards the erecting of the said bridge ; 
which said bridge shall be built by the subscription of such persons as shall 
think fit voluntarily to contribute thereto ; and that a road shall be laid out, 
twenty feet wide, and to be made from the said bridge on the south side 
of the river, to the high road that leads from Jacob's creek to Westo Sa- 
vanna ; which road shall be made and kept in repair, as also the said bridge 
to be kept in repair, at the equal charge and labor of all the male persons 
from the age of sixteen years to sixty years, from Mr. William Wallace's 
plantation, inclusive, to Richard Bedon's, ii\clusive, and as far back as Long 
Savanna, inclusive. 

V. And be it further enacted by the authority aforesaid, That the Hon- 
Commissioneis orable Alexander Skeene, Esquire, Colonel Joseph Blake, Mr. Thomas 

Waring, Mr. William Wallace, Mr. Robert Dews, and Mr. Edward Arden, 
be, and they are hereby, empowered and directed to execute the several 
powers and authorities granted and given by this Act, relating to the afore- 
said bridge and road from Dorchester Town to the south side of the said 
river. 

VI. Knd be it further enacted by the authority aforesaid, That all and 
every the commissioners, or the major part of them, in and by this Act 



OF SOUTH CAROLINA. 59 

Acts relating to Roads, Bridges and Ferries. A. D. 1722. 

appointed, shall have the same powers and authorities as are given to the 
commissioners in an Act entitled "An Act for making, mending and alter- ^^"^ powers, 
ing the higli roads, private paths, bridges, &c.'' ratified September the 
tit'lecnth, seventeen luiiidrcd and twenty-one; and all persons liable to 
work, shall be under the same fines and forfeitures, restrictions and penal- 
ties, as are imposed by the said Act. 

JAMES MOORE, Speaker. 

South Carolina, June 23, 1722. 

Assented to by FRANCIS NICHOLSON, Governor. 



AN ACT FOR BUILDING BRIDGES IN THE PaRISH OF SaNTEE. No. 463. 

FORASMUCH as several bridges are wanting in the parish of St. James 
Santee, the said parish abounding with many creeks and runs, very incon- 
venient for the parishioners, for want of a free and easy passage to the 
church, the place of rendezvous for musters, and the county court. 

I. Be it therefore enacted, by his Excellency Francis Nicholson, Esq., by 

and with the advice and consent of his Majesty's Honorable Council and \v"'mhaw^^'^ 
the Assembly of this Province, and by the authority of the same. That as creek, 
soon as may be, after the ratification of this Act, there shall be built three 
bridges in the said parish ; and that one of the said bridges shall be erected 
and built over Wambaw creek, in such proper place as the majority of the 
commissioners for that parish, appointed by an Act entitled ''An Act to 
empower the several commissioners of the high-roads, private paths, bridges, 
creeks, causeys, and cleaning of water-passages, in this Province,''' &c., ra- 
tifiedthe l.5th September, 1721, who are appointed by this Act to build the 
said bridges, as they shall think most convenient. 

II. A7td be it further enacted by the authority aforesaid, That the sum 

of fifty pounds, current money, shall be paid out of the public treasury of approiJi'ia'ted. 
this Province, into the hands of any the said commissioners, the better to 
enable them to erect and build the said bridge, and the treasurer of this Pro- 
vince is hereby required and directed to pay the same accordingly. 

III. And be it further enacted, by the authority aforesaid, That one other 

bridge shall be built over Echaw creek, in the same place where the old j,|J'[^^^'^ "^^^^^ 
bridge formerly stood, or any other place where the majority of the com- 
missioners shall think more convenient ; and that also, the better to enable 
the said parish to build the said bridge, the sum of one hundred pounds, 
current money, shall be paid out of the public treasury into the hands of 
any of the said commissioners in the said parish ; and the public treasurer 
is hereby required and directed to pay the same accordingly. 

IV. And be it enacted by the authority aforesaid. That one other bridge 

shall be built over Labardee's creek, near or on the common road ; and the Over Lsibar- 
better also to enable the parish to erect and build the said bridge, the sum'^"^''* *^''^*^''- 
of fifty pounds, current money, shall be paid out of the public treasury, intd 



60 



STATUTES AT LARGE 



A. n. 1722. 



Acts relating to Roads, Bridges and Ferries. 



Inhabitiints to 
be assessed. 



the hands of any of the commissioners aforesaid ; and the public treasu- 
rer is hereby required to pay the same accordingly. 

V. And be it further enacted hy the authovity aforesaid, That the said 
Powers of Commissioners shall have power, and they are hereby empowered, to agree 
commissioners. with any workmen for the work, and for materials for the said bridges; and 

shall build the said bridges of such dimensions, and with such timber, 
earth or stone, as they shall think fit; and they are also empowered to cut 
down and make use of any timber, earth or stone, that lies convenient, to 
be made use of about any of the said bridges. 

VI. And whereas, the several sums before mentioned, given by the pub- 
lic, in order to forward and help the said parish in building the said bridges, 
will not be sufficient to finish and complete the same ; Be it further enacted 
by the authority aforesaid, That the aforesaid commissioners, or the major 
part of them, shall have power, and they are hereby empowered, to assess 
all the male inhabitants and male slaves within the said parish, from six- 
teen to sixty years of age, in order to raise a sufficient sura of money to 
finish and complete the said bridges, or any of them ; and they are hereby 
declared to be invested with the same powers and authorities, for rai.singy 
assessing and levying so much mone}^ as will build the said bridges, as the 
commissioners of the highways have, by virtue of an Act entitled "An 
Act for making, mending and altering the high-roads,'' &;c, ratified the fif- 
teenth of September, 1721. 

V^II. And whereas, some difficuties and disputes have arisen, whether 
the commissioners of high-ways, by virtue of the aforesaid Act, had power 
to build any bridge or bridges exceeding forty feet long, the said number of 
feet being only mentioned in the preamble of the said bill, and not in any 
enacting clause : Be it therefore enacted by the authority aforesaid, That 
from and after the passing of this Act, no bridge or bridges shall be built 
within this Province exceeding sixty feet in length, by any commissioners 
of the highways ; any other law to the contrary thereof in any wise not- 
withstanding. 

J A. MOORE, Speaker. 
South Carolina, June 23, 1722. 

Assented to, by FR. NICHOLSON, Governor. 



Lengtii of 
btidges. 



No. 500. AN ACT for establishing a Ferry from the Plantation of James 
Wrixam, deceased, in Colleton county, across Pon Pon River ; 

AND FOR appointing A ScOUT AT PoN PoN ; AND FOR EXEMPTING 
THE INHABITANTS OF WaSSUMSAW FROM WORKING ON A RoAD FROM 

William Smith's Plantation to the Chappel at Goose Cri:ek, 



WHEREAS, it is thought necessary, for the better carrying on of 
alarms, the conveniency of travellers, the better communication of the 
neighbors, and the encouragement of the settlement of those southern parts, 
that a ferry should be established over that part of Pon Pon river. We 
pray your most sacred Majesty that it may be enacted, 



OF SOUTH CAROLINA. 61 

Acts relai'ni.^ to Roads, Bridges and Ferries. A. I). 1725. 

I. And he it enacted, by his Excellency Francis Nicholson, Esq., Go- 
vernor, by and with the advice and consent of his Majesty's Honorable {^(^n\^^Jn\t 
Council and the Assembly of this Province, and by the authority of tiie VVrixum'a. 
same, Tiiat a public ferry be, and is hereby, established at the plantation 
of the said James VVrixam, deceased, in Colleton county, across Pon Pon 
river, which shall be, and is herel)y, vested in Mr. Henry Jackson, Mr. 
John Bull, and Mr. Christopher Smith, commissioners, for the space of 
ten years next ensuing the ratification of this Act, who are hereby empow- 
ered to agree with any person or persons who shall undertake the looking 
after the said ferry ; and there shall be found and provided a good and suf- 
ficient ferry boat, for which there shall be paid tifty pounds by the public, 
and no more, which ferry boat shall be able to carry over four horses at the 
least ; and the person or persons so to be appointed by the said commission- 
ers, shall find and provide two able servants or slaves, who shall constantly 
attend the said ferry, at all hours, as well by night as by day, to carry over 
passengers, their horses, servants and slaves. 

H. And be it further C7iacted by the authority aforesaid, That the 
person so to be appointed by the said commissioners, shall be allowed for Rates of Ferri- 
ferriage the several rates and prices following, that is to say : for a white ''^^' 
man, fifteen pence ; for a slave, fifteen pence ; for a horse, fifteen pence ; 
for cattle, six pence per head, that shall be swam over, and fifteen pence 
per head if carried in the ferry boat ; for sheep and hogs, per head, seven 
pence half penny. 

HI. Knd be it further enacted by the authority aforesaid. That the per. 
son who shall have the charge of the said ferry, shall keep the said ferry Penalty for 
boat in good and sufficient repair, from time to time and at all times, during neglect, 
the said term of ten years, and shall cause constant attendance to be given 
at the said ferry at all times of the day and night as aforesaid, under the 
several penalties and forfeitures following, that is to say : — for non-attend- 
ance the first half hour, ten shillings; for an hour, twenty shillings; for 
every hour after, forty shillings. And ever}^ justice of the peace in the 
said county, upon information made to him upon oath, in writing, of such 
neglect, by any person who shall be delayed thereby, shall be, and is here- 
by, empowered to levy such forfeitures by warrant of distress under his 
hand and seal, directed to any adjacent constable, and sale of the default- 
er's goods ; and in case of no goods to be found, against the body of the 
defaulter ; the monies arising by such defaults to be to the use of the 
poor of the parish. 

IV. Knd be it further enacted by the authority aforesaid, That Mr. Hen- 
ry Jackson, Mr. John Bull, and Mr. Christopher Smith, be, and are hereby ^*"°™'^"°°®'^ 
appointed, commissioners for inspecting into the said ferry, and to appoint 
persons, from time time, to look after the same ; and to remove such per- 
son or persons upon notorious neglects, and others in his and their stead 
again to constitute, as they shall see necessary. 

V; And be it further enacted hy i\\e a.\\\\\oniy aforesaid, That all per- 
sons under arms in times of alarms and expresses, shall have their ferriage 
free, themselves, servants, and horses. 

VI. knd be it further enacted by the authority aforesaid, That there shall 
be, and is hereby established, a scout consisting of seven men and an offi- Scout esta- 
cer, to scout on the out settlements of Ponpon, for the better security of the •'''^'I'^'l- 
inhabitants, and to prevent their being surprised by Indians, who shall be 
under the command of a field officer, to be nominated by his Excellency the 
Governor, or commander-in-chief for the time being, for that purpose ; and 



62 



STATUTES AT LARGE 



A. D. 1725. 



Ads relating to Roads, Bridges and Ferries. 



provided. 



each of the scouts shall find his own horse and accoutrements, and provisions 
for himself and horse ; and be armed with a gun, a pistol, and cutlass or 
hatchet, powder-horn, with at least a quarter of a pound of powder, and car- 
touch bo.\, with twelve charges ; and the said scouts shall be paid at the charge 
of the public, viz : — for the officer, twelve pounds per month, and for each 
private man, seven pounds ten shillings per month, for the space of one 
year next ensuing the ratification of this law ; and their respective wages, 
being certified by the said field officer to be due, shall be paid by the public 
receiver out of the monies appropriated for the Palachucala Garrison. 

VII. And to prevent the said scouts being surprised by Indians, by day 
or by night, and for the better discovering and finding out where the said 

^^^^^i^V" '"' I"fl'^"s hide and lurk, It ts hereby enacted, That every one of the said 
eight scouts shall find and provide a large mastiff or mungrel bred dog, to 
go constantly along with them in their scouting ; which said dogs, and 
every of them, shall be kept for the use of the scouts, and not be carried 
away by any person who shall be removed or discharged out of the scout ; 
and if any person belonging to the said scouts, shall kill or worry any cat- 
tle whatsoever, he shall forfeit double the value of the cattle so killed ; and 
upon information, made on oath to the said field officer, he shall deduct the 
said forfeiture out of his wages, and pay one half to the informer, the other 
half to the owner of such cattle. 

VIII. And whereas, several inhabitants of the upper part of Goose Creek, 
by their petition to the General Assembly, have set forth, that they have 
lately received an order from the commissioners of the highways of the 
said parish, to open and make a road from William Smith's plantation on 
Wassumsaw Swamp, to the Chappel at Goose Creek, which they further 
set forth, would be a very great and heavy burthen upon them, and praying 
to be exempted and excused from working upon or making such a road ; 
and the said petition being thought very reasonable, Be it therefore 
enacted by the authority aforesaid. That the inhabitants of the upper part 
of the parish of Saint James Goose Creek, commonly called Wassumsaw, 
shall be, and they are hereby, excused and exempted from working upon 
or making the aforesaid road ; all orders heretofore made relating to the 
said road to thee ontrary in any wise notwithstanding. 

THOMAS BROUGHTON, Spealer. 

Council Chamber in Charlestoion , Afril the Yith, 1725. 

Assented to : FRANCIS NICHOLSON, Governor, 



Preamble. 



an act for vesting the sole right of holding and keeping a 
Ferry over Black River, in Prince George's Parish, in Alex- 
ANDER Montgomery, his Heirs and assigns, for ten years. 

WHEREAS, the inhabitants of Winyaw in Prince George's Parish are 
become numerous, and the settlement considerable, that all necessary en- 
couragement and conveniency ought to be given to them ; and whereas, 



OF SOUTH CAROLINA. 63 

Acts relating to Roads, Bridges and Ferries. A. I). 17125. 

the settling ferries over the rivers in that part of the Province will be high- 
ly beneficial and useful, in opening a communication in times of alarm ; 
we therefore most humbly pray his most sacred majesty that it may be 
enacted, 

1. Xnd be it enacted, by his Excellency Francis Nicholson, Esquire, 
his Majesty's Captain General and Governor-in-chief, in and over his pgrrv vested in 
Majesty^s Province of South Carolina, by and with the advice and con- A. Montgorae- 
sent of his Majesty''s Honorable Council, and the Commons House of As- '■^• 
sembly of this Province, and by the authority of the same, That the sole 
right of having, holding, keeping, and maintaining a ferry over Black 
river, from the plantation of Alexander Montgomery, to a point of land 
belonging to George Smith, shall be, and is hereby declared to be, vested 
in Alexander Montgomery, his heirs and assigns, for and during the term 
and time of ten years. 

n. And be it further enacted by the authority aforesaid. That the 
said Alexander Montgomery shall be, and he is hereby, obliged to keep Rates of ferri- 
and maintain a good and sufficient boat for the transportation of man and ^^'^' 
horse and cattle over the said river; and he shall have and receive, for 
every person, one shilling and three pence ; for every horse, one shilling and 
three pence; for all cattle, one shilling and three pence; for sheep per 
head, seven pence half penny; for hogs, seven pence half penny. 

ni. And be it further enacted by the authority aforesaid, That the said 
Alexander Montgomery, or his servants, shall, at all times of the day Penalty for 
and night, give his or their due attendance, under the penalties and for- neglect. 
feitures following, that is to say : — for non-attendance, the first half hour, 
ten shillings; for an hour, twenty shillings; for every hour after, forty 
shillings; and every justice of the peace in Craven county, upon informa- 
lion made to him upon oath, in writing, of such neglect, by any passenger 
who shall be delayed thereby, shall be, and is hereby, empowered to levy 
such forfeiture by warrant of distress, under his hand and seal, di- 
rected to any adjacent constable, and sale of the defaulter's goods ; and 
in case of no goods to be found, against the body of the defaulter ; and 
the said Alexander Montgomery shall be obliged constantly to keep the 
said boat or boats in good order and repair, or also shall forfeit the sum of 
ten pounds; one half to his Majesty, to and for the support of this Gov- 
ernment, and the other half to him or them who will sue for the same. 

IV. And be it further enacted, by the authority aforesaid. That if any 

person or persons shall keep or maintain a public ferry within ten miles of ^^^^p", .'*^"^' 
each side the ferry by this Act established, shall forfeit the sum of fifty ^™" '^ 
pounds; one half to his Majesty, to and for the support of this Goverii- 
ment, and the other half to him or them that will sue for the same. 

V. And be it further enacted by the authority aforesaid, That all fines 
and forfeitures accruing and arising by this Act, shall be sued for and reco- 
vered in any court of record in this Province, wherein no essoign, privi- 
lege, protection or wager of law, or anymore than one imparlance, shall be 
allowed. 

THOMAS BROUGHTON, Speaker. 
Council Chamber, Charlestown, Aj)ril the 17th, 1725. 

Assented to: FRANCIS NICHOLSON, Governor. 



64 



STATUTES AT LARGE 



Preamble. 



Ferry at Wrix- 



X.l). 1725. Acts relating to Roads, Bridges and Ferries. 

AN ACT FOR REMOVING THE FeRRY NOW AT JaMES WrIXHAM's PLAN- 
TATION, AND ESTABLISHING THE SAME AT Mr. JoHN JaCKSON^S PLAN- 
TATION, ACROSS PoN PoN RiVER. 

WHEREAS, the inhabitants near or upon Pon Pon river, have, by their 
petition to the General Assembly, shewn and set forth many inconvenien- 
ces attending the ferry across the said river being placed at the plantation 
of the said Wrixham, and that it would* be of much greater benefit and 
advantage to that part of the Province, if the said ferry was removed from 
the said Wrixham's plantation, and placed and established at the plantation 
of John Jackson. And whereas, it is thought necessary, for the better car- 
rying on of alarms, the conveniency of travellers, the better communica- 
tion of the neighbors, and the encouragement of the settlement of those 
southern parts of this Province, that a ferry should be established at that 
part of Pon Pon river. We therefore pray your most sacred Majesty that 
it may be enacted, 

I. And be it enacted, by the Honorable Arthur Middleton, Esq., Presi- 
dent and Commander-in-chief of his Majesty's Province of South Caroli- 
am's"^ removed na, by and with the advice and consent of his Majesty's Honorable Coun- 
to Jacksoii'8. gii g^fjj ^jjg Assembly of this Province, and by the authority of the same, 
That the ferry heretofore established, by an Act of the General Assembly 
of this Province, at the plantation of James Wrixham, shall, from hence- 
forth, be from thence removed, and established at the plantation of John 
Jackson, in Colleton county, across Pon Pon river ; which shall be, and is 
hereby, vested in Mr. John Bull, Mr. John Jackson, and Mr. Riall Spray, 
commissioners, for the space of ten years next ensuing the ratification of 
this Act, who are hereby empowered to agree with any person or persons 
who shall undertake the looking after the said ferry. 

n. And be it further enacted by the authority aforesaid. That the ferry 
boat already built at the public charge, and now made use of at Wrixham's, 
shall, immediately after the passing this Act, be delivered to the commis- 
sioners herein named, to be by them delivered to the person whom they 
shall appoint to have care and charge of the ferry hereby established at 
Jackson's plantation. 

HI. And be it further enacted by the authority aforesaid, That the per- 
son so to be appointed by the said commissioners, shall be allowed for fer- , 
riage the several rates and prices following, that is to say : for every per- 
son, three pence three farthings; for a horse, three pence three farthings; 
for cattle, two pence per head that shall be swam over, and three pence 
three farthings per head if carried in the ferry boat ; for sheep and hogs, 
per head, one penny ; all which rates shall be paid in proclamation money, 
or the currency of this Province, equal thereto. 

IV. And be it further enacted by the authority aforesaid, That the 
person who shall have the charge of the said ferry, shall keep the said ferry 
boat in good and sufficient repair, from time to time and at all times, du- 
ring the said term of ten years, and shall cause constant attendance to be 
given at the said ferry, at all times of the day and night, as aforesaid, un- 
der the several penalties and forfeitures following, that is to say : for non- 
attendance, the first half hour, five shillings ; for an hour, ten shillings ; for 
every hour after, ten shillings, proclamation money, or the currency of this 
Province, equal thereto ; and every justice of the peace in the said county, 
upon information made to him upon oath, in writing, of such neglect, by 



Boat. 



Rates of ferri 
age. 



Penalty for' 
neglect. 



OF SOUTH CAROLINA. 65 

Acts relating to Roads, Bridges and Ferries. A. D. 1725. 

any passenger who shall he delayed thereby, shall be, and is hereby, em- 
powered to levy such forfeitures, by warrant of distress under his hand and 
seal, directed to any adjacent constable, and sale of the defaulter's goods; 
and in case of no goods to be found, against the body of the defaulter; the 
money arising by such defaults to be to the use of the poor of the parish. 

V. And be it further enacted by the authority aforesaid. That Mr. John 

Bull, Mr. John Jackson, and Mr. Riale Spry, be, and are hereby appointed, ^""^'°'ss'0"e''s 
commissioners for inspecting into the said ferry, and to appoint persons 
from time to time to look alter the same, and to remove such person or 
persons upon notorious neglect, and others in his and their stead again to 
constitute, as they shall see necessary. 

VI. And be it further enacted by the authority aforesaid. That all persons 
under arms in time of alarms and expresses, shall have ferriage free, them- 
selves, their servants and horses. 

VII. And be it further enacted by th(! authority aforesaid. That one Act 

of the General Assembly of this Province, entitled "An Act for establish- Act No. 500, 

ing a ferry from the plantation of James Wrixham, deceased, in Colleton "^"^P® 

county, across Pon Pon river, and for appointing a scout at Pon Pon, and 

for exempting the inhabitants of Wassumsaw from working on the road 

from William Smith's plantation to the Chappel at Goose Creek," ratified 

the seventeenth day of April, one thousand seven hundred and twenty-five, 

is hereby declared to be repealed. 

THOS. BROUGHTON, Speaker. 

Ckarlestown, Council C7iamber, December the ninth, 1725. 

Assented to by AR. MIDDLETON. 



AN ACT FOR MAKING A NEW RoAD BETWEEN THE NORTH AND MIDDLE No. 515^ 
BRANCH OF StONO RiVER, 



% WHEREAS, the inhabitants on the south side of the north branch of 

^ Stono river, by their petition to the General Assembly, setting forth that 
% they, being situated remote from any established road, had been constrained 
' to make use of an old road, which had been frequented without interrup- 
tioirfor above these twenty years, but that the said road not being ap- 
pointed by authority, was now stopped up, and t+ie passage impeded, to the 
very great prejudice and distress of the petitioners and others, the inhabi- 
tants' residing about Pon Pon, many of the petitioners being about twelve 
miles distance from any public established road, and that through deep and 
almost impassable swamps, whereby they were rendered incapable of re- 
pairing to the service of God, and conveying their effects to markets, and 
praying that it migl^t be enacted : . 

I. \nd be it therefore enacted, by the Honorable Arthur Middletoh, Esq., 

President, by and with the advice and consent of his Majesty's Honorable 

Council and Assembly of this Province, and by the authority of the same,- 

VOL. IX— 9. J . ^ 



Preamble. 



66 STATUTES AT LARGE 

A. D. 1726; ^(>ig relating to Roads, Bridges and Ferries. 

That the commissioners hereinafter named shall be, and are hereby, empow- 
Elliott's to cred forthwith to lay out a road, not exceeding thirty feet wide, excepting 
Godfrey's. causways, which shall be twenty feet wide, from the house of Mr. Thomas 
Elliott, jun., and also from Mr. William Elliott's, inclusive, to Mr. William 
Elmes's Cow-pen, inclusive, and from thence to John Godfrey ^s landmg, 
on Pon Pon river. 
\V1 liable to ^^* -^^^ ^^ it further enacted hj the authority aforesaid, That all male 
work thereon, persons, from sixteen to sixty, from Pon Pon river to Mr. Thomas Elliott's, 
and to Mr. William Elliott's, between the north branch and south branch 
of Stono river, and from the head of the middle branch up Spoon Savana, 
and also all others adjacent to said roads, so intended to be made, as afore- 
said, that use the said roads to Mr. William Elliott's landing, shall be em- 
ployed by the said commissioners in making of the same roads, and repair- 
ing thereof, from time to time, as the said commissioners, and the commis- 
sioners of the same roads for the time being, shall see necessar)' ; and the 
same shall from henceforth be deemed a public road. 

III. Xnd be if fur /her enacted by the authority aforesaid, That the inhab- 
itants aforesaid, and their negroes, shall, from henceforth, be exempted 
from working on the road that lies on the south side of the middle branch 
of Stono river ; any former law, usage or custom to the contrary in any wise 
notwithstanding. 

IV. knd he if further enacted by the authority aforesaid, That Capt. Hen- 
ry Nichols, Mr. Thomas Elliott, and Mr. Thomas Miles, be, and are hereby 

^""""j^l"'' appointed, conamissioners for putting this Act in execution, and making, 
powers. mending and repairing the said roads, from time to time, as need shall be, 

who shall be under the same regulations and penalties, and have the same 
powers and authorities, as are given to the commissioners of high-roads, by 
virtue of an Act entitled "An Act to empower the several commissioners 
of the high-roads, private paths, bridges, creeks, causways, and for clean- 
ing water-passages in the Province of South Carolina, to alter and lay out 
the same, for the more direct and better eonveniency of the inhabitants 
thereof," made the fifteenth day of September, in the year of our 
Lord one thousand seven hundred and twenty-one ; and all and every per- 
son and persons hereby appointed to make and work on said roads, and 
their slaves, in case of refusal or neglecting to work at the respective times 
to be appointed by the commissioners of said roads, for making, mending 
and repairing the same, shall be under the like penalties as in the said last 
mentioned Act are given against defaulters ; and all the penalties and for- 
feitures shall be recovered and applied in the same manner as therein is 
prescribed. 

Charlestoivn , Council Chamber, eleventh of March. 1726. 

THOS. BROUGHTON, Speaker. 

Assented to : AR. MIDDLETON. 




OF SOUTH CAROLINA. 

Act.'' relating to Roads, Bridges and Ferries. 

AN ACT TO EMPOWER Commissioners to lay out and keep in re- No. 522. 
PAIR A Road from Westo Savanna into Pon Pon Road. 

WHEREAS, the inhabitants Uving on the south side of the upper part 
of Ashley river, by their petition to the General Assembly of this Pro- preamble 
vince, have prayed that an Act might pass to appoint commissioners to lay 
out a road from Westo Savanna to the road leading from Mr. Thomas War- 
ing's bridge to Pon Pon river; and the said petitioners having made appear 
the reasonableness of directing that such a road should be laid out to the 
satisfaction of the General Assembly, we therefore pray your most sacred 
Majesty that it may be enacted, 

I. A.nd he it enacted, by the Honorable Arthur Middleton, Esq., Presi- 
<ient and Commander-in-chief of the Province of South Carolina, by and 
■with the advice and consent of his Majesty^s Honorable Council and the Wnsto Savan- 
Assembly of this Province, and by the authority of the same, That a road na to Pon Pon 
shall be forthwith laid out from Westo Savanna into Pon Pon road, at the '^"^"* 
discretion of the commissioners hereinafter mentioned, not exceeding thir- 
ty feet wide; and that all the inhabitants living on the south side of the 
said road that goes from Mr. Thomas Warring's bridge to Pon Pon road, 
by Joseph Sumners, Mr. Kettleby's land and plantation, exclusive, and ex- 
clusive of Westo Savanna, shall be obliged to make and keep in repair the 
said road ; and all persons who are obliged by this Act to work on the said 
road, are and shall be hereafter exempted from working on any other roads, 
causways or bridges in this Province. 

n. And be it further enacted by the authority aforesaid, That Mr. Rich- 
ard Waring, Mr. Josiah Waring, and Mr. Moses Way, be, and they are tlommissioners 
hereby appointed, commissioners of the aforesaid road, so to be laid out as 
aforesaid, who shall have all the powers, authorities and privileges, for ta- 
king care that the road aforesaid be laid out, made and kept in repair, as 
any commissioners have by virtue of an Act entitled "An Act to empower 
the several commissioners of the high-roads, private paths, bridges, creeks, 
causways, and cleansing of water-passages, in this Province of South Ca- 
rolina," &;c., heretofore had, or now have. 

Charlestoion, Council Chamber., eleventh March, 1726. 

THOS. BROUGHTON, Speaker. 

KsserUed to: AR. MIDDLETON. 



68 STATUTES AT LARGE 

A.D. 17%. jicts relahng to Roads, Bridges and Ferries. 

No. 524. AN ACT for establishiivg a Ferry from the Landing of Mr. John 

Godfrey, across Pon Pon River. 

WHEREAS, the General Assembly of this Province have taken into 
P mble their mature consideration the necessity there is of appointing and esta- 
blishing a ferry from Mr. John Godfrey's landing across Ponpon river, for 
the safety and convenience of the inhabitants living near or upon the said 
river. We therefore pray your most sacred Majesty that it may be enacted, 
L And be it enacted, by the Honorable Arthur Middleton, Esquire, 
President and Commander-in-chief of the Province of South Carolina, by 
Pon "at God- ^^^ wxih the advice and consent of his Majesty's Honorable Council, and the 
frey's. Commons House of Assembly of this Province, and by the authority of 

the same, That a public ferry be, and is hereby, established, from the land- 
ing of Mr. John Godfrey, on Ponpon river, across said river; which shall 
be, and is hereby, vested in Mr. James Ferguson, Captain John Hunt, and 
Mr. Joshua Saunders, commissioners, for the space of ten years next en- 
suing the ratification of this Act, who are hereby empowered to agree with 
any person or persons who shall undertake the looking after the said ferry ; 
and there shall be found and provided a good and substantial ferry boat, 
which ferry boat shall be able to carry over three horses at the least ; and 
the person or persons so to be appointed by the said commissioners, shall 
find and provide two able servants or slaves, who shall constantly attend 
the said ferry at all hours, as well by night as by day, to carry over passen- 
gers, their horses, servants and slaves. 

n. And be it further enacted by the authority aforesaid. That the per- 
Ratesof ferri- son SO to be appointed by the said commissioners, shall be allowed for fer- 
age. riage the several rates and prices following, that is to say : — for every per- 

son, three pence three farthings; for a horse, three pence three farthings ; 
for cattle, two pence per head that shall be swam over, and three pence 
three farthings per head, if carried in the ferry boat; for sheep and hogs, 
per head, one penny ; which said rates shall be paid in proclamation money, 
or in like value of the currency of this Province ; which rates shall be as- 
certained by the commissioners appointed by this Act. 

HI. And be it further enacted by the authority aforesaid. That the 
Duty of ferry- persons who shall have charge of the said ferry, shall keep the said ferry 
man. boat in good and suflicient repair, from time to time, and at all times, du- 

ring the term of ten years ; and shall cause constant attendance to be 
given at the said ferry, at all times of the day and night aforesaid, under 
the several penalties and forfeitures following, that is to say : — for non-at- 
tendance, the first half hour, five shillings ; and for one hour, ten shillings; 
and for every hour after, ten shillings, proclamation money as aforesaid ; 
and every justice of the peace in the said county, upon information made 
to him upon oath in writing, of such neglect, by any passenger who shall 
be delayed thereby, shall, and is hereby empowered to, levy such forfeitures 
by warrant of distress, under his hand and sale, directed to any adjacent 
constable, and sale of the defaulter's goods ; and in case of no goods to be 
found, against the body of the defaulter, who shall be committed to prison 
till such money be paid ; the monies arising by such defaults to be to the 
use of the poor of the parish where the said ferry is established. 

IV. And be it further enacted by the authority aforesaid. That the 
commissioners before named shall be, and they are hereby, empowered to 

Power of com» . • ^ ^i ■ \ c ■> . • ^ n "l- x x- i. 

miseioners. inspect into the said terry, and to appoint persons, trom time to time, to 

look after the same, and to remove such person and persons upon notorious 




OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 

neglects, and others in his and their stead again to constitute, as they shall 
see necessary. 

V. And he it further enacted by the authority aforesaid, That all per- 
sons under arms in times of alarms and expresses, and persons going to any 
place of religious worship and musters, shall have ferriage free, themselves, 
their servants and horses. 

VI. And he it further enacted by the authority aforesaid, That a pub- 
lic road shall be laid out from the said ferry, to the chapel already built in Road from the 
the said parish, of at least twenty feet wide; and that Mr. James Fergu- ^"''1 ''■'■'7 1" 
son, Mr. Joshua Saunders, and Mr. Emanuel Smith, be commissioners for "' '' ^"^l*^ • 
the said road ; which road shall be made at the equal charge of the inhabi- 

tants of the upper part of the said parish ; who shall be under the same 
fines and forfeitures, in case of neglect or refusal to work thereon, and 
the said fines and forfeitures shall be levied, recovered, and disposed of, as 
is directed by an Act of the General Assembly of this Province, entitled 
"An Act to empower the several commissioners of the high roads, private 
paths, bridges, creeks, causways, and cleansing of water passages in this 
Province of South Carolina, to alter and lay out the same, for the more 
direct and better conveniency of the inhabitants thereof." 

Charlestown, Council Chamher, Wth March, 1726. 

Assented to: ARTHUR MIDDLETON. 



AN ACT FOR ESTABLISHING FIVE FeRRIES ; ONE OVER WiNYAW RiVER, ^q 54^^ 
TWO OVER SaNTEE RiVER, ONE OVER SaMPIT CrEEK, AND ONE OVER 

Cooper River. 



Preamble. 



WHEREAS, the inhabitants of Waccamaw Neck, in Winyaw, in the 
parish of Prince George, by their petition to the General Assembly of this 
Province, have shewed and set forth that they are put to many difficulties, 
for want of several ferries being established, as in the said petition is pray- 
ed. And whereas, the establishing such ferries will be of great convenien- 
cy to the said inhabitants, as well as all other persons passing and re-pass- 
ing the same : we therefore pray your most sacred Majesty that it may be 
enacted, 

I. And Z)e /< cwac^CfZ, by his Excellency Robert Johnson, Esq., Gover- 
nor, by and with the advice and consent of his Majesty's Honorable Coun- ^ 
oil and the Commons House of Assembly of this Province, and by the au- ^Jj^^lj^j^^^j"®^ 
thority of the same, That five public ferries be, and are hereby, establish. 
ed ; one over Winyaw river, from the landing of Mr. Samuel Masters to 
the landing of Mr. George Smith, deceased, his plantation ; two over San- 
tee river, one of which to be from the plantation of John Dubose, on the 
north side of said river, to the plantation of Isaac Dubose, on the south side 
of the said river ; and another ferry across Sampit creek, from the blutf of 
Mr. Elisha Scriven's plantation to the marsh point of the plantation of 



In whoii 



Their duly. 



70 STATUTES AT LARGE 

A. D, 1731. Acts /-elating to Roads, Bridges and Ferries. 

Capt. Robert Scriven ; and one other ferry from the plantation of Mr. Jo- 
nathan Skeine, over Santee river ; which said ferries shall, and are hereby, 
vested in the persons and their heirs herein mentioned, that is to say : the 
ferry over Winyaw river, in Mr. Samuel Masters ; the ferry over Santee 
vested" " river, in John Diibose and Isaac Dubose ; and the ferry across Sampit 

creek, in Mr. Robert Scriven ; and the ferry at Mr. Jonathan Skeine's 
landing, over Santee river, in the said Mr. Jonathan Skeine — for the space 
of seven years next ensuing the ratification of this Act, and from thence 
to the end of the next General Assembly after, and no longer ; and the 
said Samuel Masters shall provide two good and substantial ferry boats to 
be kept, one of them at each landing aforesaid, on the said Winyaw river ; 
and the said John Dubose and Isaac Dubose shall also provide two good 
and substantial ferry boats to be kept, one on the north side of Santee ri- 
ver, at the lake or creek commonly called Dauho creek, and the other on the 
south side of Santee river, aforesaid; and the said Robert Scriven, who 
shall have the ferry at Sampit creek, shall also provide one good and sub- 
stantial ferry boat, to be kept at either the places aforesaid ; which said fer- 
ry boats shall be able to carry over foui horses at the least; and the said 
persons, appointed by this Act to keep the ferries aforesaid, shall provide 
two able persons, who shall constantly attend the said terries, in each boat, 
at all hours, as well by night as by day, to carry over passengers, their 
horses, servants and slaves. 

II. A7id be it Jurther enacted by the authority aforesaid, That the per- 
sons appointed to keep the several ferries herein before mentioned in this 
Rates of ferri- ■^^*' ^'^''^'' ^® allowed for ferriage the several rates and prices following, that 
age. is to say : for the ferriage of a single person over Winyaw river, ten shil- 

lings, and if more than one, seven shillings and six pence each, current 
money; for a horse and man, fifteen shillings, and if more than one, twelve 
shillings and six pence for each, current money ; for cattle, per head, if 
carried in the boats, five shillings ; for sheep and hogs, per head, two shil- 
lings, current money ; and for passing of each horse and man over Santee, 
at Mr. Dubose ''s ferry, shall be paid the sum of two shillings and sixpence ; 
and for passing each single person, shall be paid one shilling and three 
pence ; and for every head of cattle, swam over at the said ferry, shall be 
allowed one shilling and three pence ; and for every head of hogs or sheep, 
carried over in the boat, shall be paid seven pence half penny, current mo- 
ney of this Province ; and for passing of each horse and man over the said 
Sampit creek, shall be paid the sum of two shillings and six pence ; and 
for passing over one man, shall be paid one shilling and three pence ; and 
for every head of hogs and sheep, shall be paid seven pence half penny, 
current money of this Province ; and for passing of each horse and man 
over Dauho creek, shall be paid the sum of two shillings and six pence ; 
and for passing over every single person, shall be paid the sum of one shil- 
ling and three pence ; and for every head of cattle swam at the said ferry, 
the sum of twelve pence ; and for every head of sheep and hogs, seven 
pence half penny, current money of this Province ; and for passing of 
each horse and man over Santee river, at the said Jonathan Skeine 's, and 
landing in the swamp, shall be allowed five shillings, and when carried up 
to the lower landing, on the lake, the sum of seven shillings and sixpence, 
and when up to the bluff, on the upper lake, the sum of ten shillings; and 
for swimming of every head of cattle, the sum of one siiilling and three 
pence ; and for each head of sheep and hogs, carried ia tlic boat, tiie sum 



OF SOUTH CAROLINA. 71 

Acts relating to Roads, Bridges and Ferries. A.I). 1731. 

of one shilling and three pence ; and for every single person, half the price 
allowed for a man and horse, respecting the place of landing. 

III. A7id be it further enacted by the authority aforesaid, That the per- 
sons herein appointed to keep the said ferries, shall keep their ferry boats in 
good and sufficient repair, from time to time and at all times, during (he penalty Tor 
continuance of the said ferries, and shall cause constant attendance to be neglect. 
given at the said ferries, as aforesaid, under the several penalties and for- 
feitures following, that is to say : for non-attendance, the first hour, the 
sum of ten shillings, current money, and for every hour after, forty shil- 
lings, current money of this Province, e.xcept the winds and weather shall 
prevent the attendance of the said ferries ; and every justice of the peace 
in the counties wherein the said ferries are established, upon information 
made to him upon oath, in writing, of such neglect, by any passenger who 
shall be delayed thereby, shall, and is hereby empowered to, levy such for- 
feitures by warrant of distress, under his hand and seal, directed to any ad- 
jacent constable ; and in case no distress can be made on the goods of the 
defaulter, then the said warrant shall be against the body of the said de- 
faulter, who, upon refusing to pay any penalty incurred by virtue of this 
Act, shall be committed to the gaol in Charlestown, until such time as he 
shall fully satisfy and pay the same, with the costs and charges arising 
thereby ; which said penalties, when recovered, shall be applied to the use 
of the poor of the parish where the said ferries arc established. 

IV. knd be It farther enacted hy i\\e authority aforesaid, Thall all per- 
sons under arms in time of alarms and expresses, shall have their ferriage 
free, themselves, their servants and horses. 

V. Knd be it further e7iacted by the authority aforesaid. That a ferry be 

set up and established from the lower bluff on Long point, on Charlestown ^ ^^^^ 
Neck, to the plantation of the late Richard Codner, on Daniers island ; and Long Point to 
that the owner or keeper of the said ferry shall be allowed for carrying over P'miers 
each horse and man, the sum of ten shillings, current money; and for 
each single passenger, the sum of five shillings, current money ; and for 
any neat cattle, per head, the sum of ten shillings ; and for sheep or hogs 
carried over in the said boat, two shillings and six pence per head ; and that 
his Excellency the Governor and his Majesty's Council be empowered to 
agree with and appoint two fit persons to procure and keep two good and 
substantial ferry boats for the service aforesaid, with two good and able 
men, giving preference to the owners of the land where the said ferries'are 
to be set up, to work and attend each of the said boats ; the one of which 
ferry boats shall be kept at the aforesaid Blufl'on Long Point on Charles. 
town Neck, and the other at the plantation of the said Codner, on Dan- 
iel's Island ; and the said undertakers of the said ferry, and their heirs, 
shall have the sole right of the said ferry for and during the term of seven 
years, and be subject to the forfeitures and penalties in case of neglect, as 
the undertakers or owners of other ferries in this province are subjected 
and liable to by virtue of this Act. 

VI. And be it further enacted by the authority aforesaid. That all per- 
sons going to or from any place of divine worship, shall be put over the ^yj^^ ^^^^ ^ 
several ferries on Sundays, free from paying any ferriage in any part of the ferries free, 
this Province, except the ferry on Charlestown Neck; any law usage, or 

custom to the contrary in any wise notwithstanding. 

VII. And whereas, several servants have of late run away from their 
masters to the northward, to the great detriment of their said masters, and 
in order to prevent the like for the future. Be it enacted by the authority 



72 



STA.TJJTES AT LARGE 



A. D. 1731. 



Acts relating to Roads ^ Bridges and Ferries. 



Suspeotecl per 
sons to he ex- 
amined before 
passing. 



Penalty on 
ferryman for 
default. 



Roads to be 
made to the 
landings. 



aforesaid, That whosoever shall keep the ferry from the landing of Mr. 
Samuel Masters to the landing of George Smith, deceased, over WinyaW 
river, shall not presume to carry over any person to the northward, unless 
he has a certificate from a justice of the peace, except he personally 
knows him ; but if it shall so happen, that any person shall come to the 
ferry, in order to go to the northward, not having any certificate, nor being 
personally known to the said ferryman as aforesaid, that the said ferryman 
shall apprehend all such persons, and carry them before the next justice of 
the peace ; and if, upon examination, the said justice shall suspect him or 
them to be a servant or servants, or sailors, he shall commit him or them to 
the custody of the next constable, until he or they can produce sufficient 
proof to the said justice of the peace, that he or they be free ; and for eve- 
ry sailor, a note or license from his commanding officer ; and in case it 
shall not appear that the said person or persons arc free, in fifteen days after 
commitment, that then the said constable shall put up public advertise- 
ments thereof at the parish church, and shall take the first opportunity to 
send advertisements to Charlestown ; and if the person or persons so ap- 
prehended shall happen to be a servant or servants, or sailors, the master 
of such servant or servants, or commander of such sailors, shall pay unto 
the said ferryman five pounds for each servant, as an encouragement, be- 
sides all reasonable charges, as well to the ferryman as the constable; to be 
ascertained by a justice of the peace in the parish, and levied by warrant 
of any justice of the peace in this Province. 

VIII. knd, be it further enacted by the authority aforesaid, That if the said 
ferryman shall presume to carry over any person or persons contrary to the 
true intent and meaning of this Act, that then the said ferryman shall 
forfeit the sum of twenty pounds current money ; one lialf to the informer, 
and the other half to the poor of the parish of Prince George ; to be levied 
by warrant, from under the hand and seal of any justice of the peace of 
Craven county. 

IX. And ivhereas, it will be necessary that roads should be laid out to 
the said ferries, and houses and conveniences built for habitations for the 
persons employed in working and attending the ferries. Be it therefore en- 
acted by the authority aforesaid. That it shall and may be lawful for the 
commissioners of the roads of the several districts where the said ferries 
are situated, and they are hereby required and directed, to lay out good 
and convenient roads to the landings of the several ferries directed to be 
established by this Act, in the same manner as the public roads are order- 
ed and directed to be laid out, causways over marshes adjoining to the 
rivers or landings excepted, which shall be made and kept in repair at the 
sole charge of the undertakers of the said ferries ; and if the owners of 
the landings shall not think fit to undertake the said ferries, and to erect 
such houses and conveniences for the ferrymen aforesaid, that then it shall 
and may be lawful for the undertakers of the said ferries for the time be- 
ing, and they are hereby empowered and directed, to erect convenient 
houses for the said ferrymen ; paying and allowing to the owners such rent 
for the ground whereon the said houses shall be erected, and for the use of 
the landing, such a yearly rent as shall be agreed on by an indifferent per- 
son chosen by the parties owning the said land, and a person chosen by 
the undertakers of the said ferry, who shall be on their oaths ; and if they 
cannot agree, that then and in such case, they shall choose a third per- 
son to decide what rent shall be paid, yearly, by the undertaker for the 
house and landing at the said ferries ; which shall be deemed to be, and the 



OF SOUTH CAROLINA. 73 

Acts relating to Roads, Bridges and Ferries. . A. D. 1731. 

owner of the said landing shall be obliged to accept of the same, as a full 
and sufficient annual rent for the said houses and landing ; and if the 
owner of the said landings shall, after such adjustment of the rent to be 
paid him as aforesaid, refuse to permit the undertaker of the ferry to erect 
such conveniences, or to make use of his landing, he shall forfeit the sum 
of fifty pounds, proclamation money, for every such offence ; one half to 
the person undertaking the said ferry where the offence shall be committed, 
and the other half to his Majesty, for the use of the Province ; to be 
recovered by bill, plaint or information, in any court of record of this 
Province, wherein no cssoign, protection or wager of law, shall be al- 
lowed. 

X. And whereas, from the ferry to be settled from the landing of Rich- 
ard Codner, on DaniePs Island, a road passes over Owendaw creek,, to San- Bridge over 
tee, Winyaw, and other places. Be it enacted by the authority aforesaid, j^^J^j^^^^ 
That the commissioners of the roads for that district, do, forthwith, cause 

to be repaired the bridge over the said creek of Owendaw ; and they are 
hereby authorized and empowered to assess the inhabitants of the parish 
of Christ Church, and of the middle and lower district of the parish of St. 
James Santee, to the plantation of Mr. John Genderon, inclusive, for de- 
fraying the charges thereof. 

XI. And tvhereas, the causway and bridge over Whittee Swamp is now 

out of repair and almost unpassable. Be it enacted by the authority afore- 9^'''^ Wluttee 
said. That the commissioners for the upper district of the parish of Saint ^ ' 
James Santee, shall be, and are hereby, empowered to amend and repair 
the same, at the equal charge and labor of the inhabitants of the upper dis- 
trict, from the plantation of Mr. John Genderon, exclusive ; and the said 
inhabitants and commissioners of the said district shall not be concerned 
nor chargeable with the repairs of the said Owendaw bridge. 

WILLIAM DONNING, Speaker. 

Charlestown, Council Chamber, August the 20th, 1731. 

Assented to: ROBERT JOHNSON. 



AN ACT FOR LAYIIVG OUT A PUBLIC RoAD FROM THE FeRRY AT Mr. No. 546. 

John Parker's plantation, on the west side of Pon Pon River 
IN the Parish of S.^int Bartholomew, to the Round O Savan- 
na. 

WHEREAS, the inhabitants of the upper part of the aforesaid parish, 
who daily increase, are under great inconveniences to carry their produce 
to a landing, by reason they have no public path established by law. We 
therefore pray your most sacred Majesty, that it may be enacted, 

I. And he it enacted, by his Excellency Robert Johnson, Esquire, 
Governor, Captain-General, and Commander-in-Chief, in and over his 
VOL. IX— 10. 



74 STATUTES AT LARGE 

A. D. 1733. Ji^ig relating to Roads, Bridges and Ferries. 

Majesty's Province of South Carolina, by and with the advice and consent 
Parker's Ferry of his Majesty's Honorable Council, and the Assembly of this Province, 
to Round O That there be a road or path laid out from the ferry aforesaid, to the Round 
swamp. Q Savanna; and that all the inhabitants, and owners of slaves, that live 

or have any slaves settled between the said ferry and round O Savanna, be 
obliged, and are hereby directed, to assist in laying out, making, and keep- 
ing in repair, the said road or path, according to the directions of the com- 
missioners hereinafter named. 

II. Knd be it furtlier enacted by the authority aforesaid, That John 
CommisBioners Carmichael, Esquire, Mr. William Brown, William Shingleton, Mr. Bryan 
Kelly, and Mr. John McFear, be, and are hereby, appointed commission- 
ers, to lay out and give directions for making and repairing the said road ; 
and that the said commissioners have the same powers and authorities, and 
be under the same restrictions and limitations, in laying out, making, and 
repairing the said road or path, as any other commissioners of the high 
roads and public paths, in any other part of this Province, are invested 
with or subject to; any lavv, usage, or custom to the contrary in any wise 
notwithstanding. 

PAUL JENYS, ^pealer. 
In the Council Chamher, Charlestowriy South Carolina, April \Zth, 1733. 
Assented to: ROBERT JOHNSON. 



No. 552. AN ACT for laying out a public Road from Peter Lieubrey's 
Ferry, opposite to Jonathan Skeine's Landing, to Mr. Robert 
Scriven's plantation, opposite Georgetown, in the Parish of 
Prince George Winyaw. 

WHEREAS, many of the inhabitants and travellers in the aforesaid 
Parish of Prince George Winyaw, do often meet with great inconvenien- 
cies for want of a road established by law, from Lieubrey's Ferry aforesaid, 
to the said plantation of Robert Scriven. We therefore pray your most 
sacred Majesty that it may be enacted, and 

I. Be it enacted,, by his Excellency, Robert Johnson, Esquire, Captain - 
,, ., General, Governor, and Commander-in-chief, in and over this his Majes- 
fiomLie'u- ^Y^^ Province of South Carolina, by and with the advice and consent of his 
brey's ferry to Majesty's Honorable Council, and the Commons House of Assembly of the 
Scriven's. gg^j^ Province, and by the authority of the same, That there be a road or 
path laid out from Lieubrey's aforesaid, to the plantation of Robert Scriven ; 
and that all the inhabitants and owners of slaves, that live or have any 
slaves settled on the north side of Santee, and the soutFi side of Sampit, 
from the plantation of Madame Courage, downward to that of Robert 
Scriven, be obliged, and are hereby directed, to assist in laying out, mak- 
ing, and keeping in repair the said road or path, according to the directions 



OF SOUTH CAROLINA. 75 

Acts relating to Roads, Bridges and Ferries. A. D. 1733. 

of the commissioners hereinafter named ; and that all such persons be ex- 
empted from working on any other road or path wishout their precinct. 

II. P^nd he it further enacted by the authority aforesaid, That Elias 
Horry, sen., Robert Stewart, Abraham Meshew, James Robert, and John Qg^jjjjjggj|j^gi.g 
Summers, be, and are hereby, appointed commissioners to lay out and 
give directions for making and repairing the said road ; and that the said 
commissioners, or any three of them, have the same powers and authori- 
ties, and be under the same restrictions and limitations, in laying out, mak- 
ing or repairing the said road or path, as any other commissioners of the 
high roads and pubhc paths in any other parts of this Province are in- 
vested with or subject to ; any law, usage or custom to the contrary in any 
wise notwithstanding. 

PAUL JENYS, Speaker. 
In the Council Chamber, the 1th June, 1733. 

Assented to by ROBERT JOHNSON. 



AN ACT FOR VESTING THE FeRRY OVER SaNTEE RiVER, IN THE Pa- No. 557. 

RisH OF St. James Santee, in Craven County, in Joseph Spencer, 
of the said Parish and County, his Executors, Administrators 
AND Assigns, for a number of years therein mentioned- 

WHEREAS, the high road leading to the ferry over Santee river in 
Craven County, commonly called Jermain's Ferry, leads through the land 
of Joseph Spencer, of the same parish and county, and very near to his 
dwelling house, by reason whereof, the said ferry ought to be vested in the 
said Joseph Spencer, as being nearest situated to the same, and thereby 
best able to give due and constant attendance at the said ferry. We there- 
fore pray your most sacred Majesty that it may be enacted, 

I. And be it enacted, by his Excellency Robert Johnson, Esquire, Go- . . , . _ 
vernor, Captain-General, and Commander-in-chief, in and over his Ma- vested in Joa. 
jesty's Province of South Carolina, by and with the advice and consent of Spencer. 

his Majesty's Honorable Council, and the Commons House of Assembly of 
this Province, and by the authority of the same. That the said ferry over 
Santee River, commonly called Jerraain's ferry, be, and is hereby declared 
to be, vested in the said Joseph Spencer, his executors, administrators, and 
assigns, from the day of the ratification of this Act, for and during and 
unto the full end and term of seven years from thence next ensuing, and 
fully to be complete and ended, and from thence to the end of the next 
session of the General Assembly. 

II. And be it further enacted by the authority aforesaid. That the said ^-,^1^^;^;^^^^ 
Joseph Spencer, his executors, administrators, and assigns, shall, and he 

and they are hereby required, during the continuance of their having the 
said ferry vested in them, to find, provide and keep, a good, large, sound, 
and sufficient ferry boat or ferry boats, for transporting and carrying of 



76 STATUTES AT LARGE 

A. I). 1733. ^cts relating to Roads, Bridges and Ferries. 

men, horse, and cattle over the said river ; and also, two able and sufficient 
negroes or white persons, who shall constantly attend the said ferry at all 
times of the day and night throughout the year, to ferry over all passen- 
gers, their horses, servants, and slaves, when and as often as there shall be 
occasion. 

III. And be it Jurther enacted hy the authority aforesaid, That it shall 
and may be lawful to and for the said Joseph Spencer, his heirs, executors, 
administrators and assigns, to have, take and receive, to his and their 
own proper use, benefit and behoof, in the current money of this Province, 
the several rates and sums of money following, and no more, that is to 
say : — tor every man, woman or child, (children in arms excepted) forryed 
over the said ferry, the sum of ten shillings: for every man and horse, the 
sum of twenty shillings ; for every ox, cow, or other neat cattle, either 
ferried or swam over the said ferry, the sum of twenty shillings each ; and 
for every hog or sheep, the sum of two shillings and six pence. 

IV. And he it further enacted by the authority aforesaid, That in case 
any person coming to the said ferry in order to pass over the said river, shall 
meet with unreasonable delays, or be retarded for want of the said ferry 
boat coming to transport them over the said river, their horses or cattle, 
from one side to the other of the said river, he the said Joseph Spencer, 
his executors, administrators and assigns, who shall then be in possession of 
the said ferry, shall forfeit for every such delay, the sum of five shillings 
an hour, current money ; one half to the poor of the parish, and the other 
half to the person complaining or making oath of the same before any ma- 
gistrate or justice of the peace : upon due conviction, to be recovered as 
in the Act for trial of small and mean causes is directed ; provided, the 
said complaint be made in ten days after the said delays shall happen, and 
not after. 

PAUL JENYS, Speaker. 

In the Council Chamber, the 22d September, 1733. 

Assented to : ROBERT JOHNSON. 



No. 553. AN ACT for establishing a Ferry at the plaxtatio>- of William 
Watsox, i>- Christ Church Parish, commonly called Habcaw, 
TO Charlestown ; axd for making a public Road from the said 

plantation directly to the HiGH-RoaD in the said parish ; AND 
ALSO, FOR the MAKING A NAVIGABLE CuT NEAR THE PASSAGE CALL- 
ED THE Breach, now stopped up by the Sea. 

WHEREAS, a ferry at the plantation of William Watson, in the pa- 
rish of Christ Church, commonly called Habcaw, to Charlestown, is found 
to be very convenient for the inhabitants who live in the north parts of this 
Province ; and also, that a cut in a convenient place, near the pmssage called 
the Breach, now stopped up by the sea, be also made for the safety and 



OF SOUTH CAROLINA. 77 

Acts relating to Roads, Bridges and Ferries. ^- '^- '''23. 

ease of the said inhabitants, transporting their goods and eflccts by water 
to Cbarlcstown : wc therefore pray your most sacred Majesty that it may 
be enacted, 

I. And he it enacted , by his Excellency Robert Johnson, Esq., Govcr- 
nor, Captain-General and Commander-in-chief, in and over his Majesty's 
Province of South Carolina, by and with the advice and consent of his 
Majesty's Honorable Council and the Assembly of this Province, and by 
the authority of the same, That a public ferry be, and is hcrc^by, establisli- Ilabcaw ferry, 
ed at tiie plantation of William Watson, in the parish of Christ's Church, '^^ Wuuoa's. 
commonly called Habcaw, to Charlestown, which shall be, and is hereby, 
vested in the said William Watson, his heirs and assigns, for the space of 
seven years, who is hereby impowered to agree with any person or persons 
who shall undertake the looking after the said ferry ; and there shall be 
found and provided a proper boat or boats, which shall be able to carry over 
horses and men ; and the i-aid William Watson, or those with whom he 
shall agree, shall constantly and at all hours,. by night or day, with suffi- 
cient servants or slaves, attend to carry over passengers, their horses, ser- 
vants and slaves, for which he shall be allowed the following rates, that is 
to say : for a single person or two, the sum of ten shillings each, and for 
three or more, seven shillings and six pence each ; and for a horse, twenty 
shillings ; and for a horse and man, also twenty shillings, and no more ; 
and for every one or two head of cattle, twenty shillings per head, and for 
three or upwards, fifteen shillings each. And the said William Watson, his 
heirs or assigns, shall at all times keep his boats in good repair, and at all 
times, as aforesaid, give constant attendance, under the penalties and for- 
feitures following, that is to say ; for every hour, the sum of five shillings, 
to be levied, upon full proof made, by a warrant of distress, under the hand 
and seal of any justice of the peace in Berkley county, directed to a law- 
ful constable, against the goods of the offender, and on sale thereof, the 
overplus, after charges deducted, to be returned to him, the rest to be paid 
to the church wardens for the use of the poor of the parish. 

H. h.nd he it further enacted by the authority aforesaid. That a pub- 
lic road be made from the said plantation and ferry, in a direct course, and Road from 
as straight as may be, till it meets the public road leading to church ; and Habcaw ferry 
that the inhabitants who live between the two creeks known by the names ^^^j^ P" 
of Shemey and Wakendaw, and from the plantation of Samuel Ash to 
that of the said William Watson, inclusive, be, and are hereby, obliged to 
make and keep the said road in repair, in the same manner as is pre- 
scribed in the Highway Act. 

HI. And he it further enacted by the authoritv aforesaid, That the 
following persons, viz : Mr. Andrew Quelch, Samuel Ash, and Capt. Thos. Commissioners 
Herbert, be, and are hereby appointed, commissioners for establishing the 
said ferry, and making and keeping the said road in repair ; and also, that 
the inhabitants who are to make the said road, and keep it in repair, be 
excused from working on any other road in the said parish. 

IV. And be it enacted by the authority aforesaid. That a navigable cut 

be made at a convenient place near the Breach, for loaded perryauguas and Cut near the 
other craft, at the charge of the parishes of Prince George Winyaw, St. breach. 
James Santee, and Christ's Church, by an equal assessment on the in- 
habitants of the said three parishes, and their male working slaves. 

V. And he it enacted by the authority aforesaid, that the following per- 
sons, viz : Mr. Thomas Barksdale, Noah Serie, and Elias Horry, be, and 
are hereby appointed, commissioners for making the said cut, who are 



78 STATUTES AT LARGE 

A. D. 1733. Acf.s relating to Roads, Bridges and Ferries. 

hereby empovvered to agree with any person or persons who are willing 
Comm.ssi,.ne.s^^ undertake the making the said cut navigable, for any sum or sums of 
money, and the same to assess by an equal tax or rate on the inhabi- 
tants,' as aforesaid, of the said three parishes; and in case of default 
or non-payment of the same, to levy it by a warrant of distress, under 
their hands and seals, and sale of the offender's goods, returning the 
overplus, after charges deducted, to the said offender; the said warrant 
to be directed to any lawful constable. 

VI. And be it enacted by the authority aforesaid, That the commis- 
sioners for making the said cut be allowed the sum of twenty shillings 
each, per day, fur their charges during the time they shall give then- 
attendance, and the said charges of the commissioners to be included 
in the assessment ; and that they do begin the said cut on or before the 
fifteenth day of October next, under the penalty of twenty pounds, to 
be recovered by action of debt, bill, plaint or information, in any of his 
Majesty's courts of record ; wherein no essoign, injunction, protection or 
wager of law, or any more but one imparlance, shall be allowed or ad- 
mitted. 

VII. And he it enacted by the authority aforesaid. That if any of the 
commissioners named in this Act, or any other employed by them in the 

gS.al issue execution of the same, shall at any time or times be sued by any action, 
bill, plaint or information, for any matter, cause or thing, by them, or any 
of them, done by virtue or reason or in pursuance of this Act, or any- 
thing therein contained, that it shall and may be lawful for the said com- 
missioners, or any by them employed in the execution of the same, to 
plead the general issue, and to give the special matter in evidence to 
the jury which shall try the same ; which special matter being pleaded, 
had been a good and sufficient matter in law to have discharged the 
said defendant or defendants of the trespass or other matter laid to his 
or their charge; any law, statute or usage, to the contrary notwithstand- 
ing ; and if the verdict shall pass for the said defendant or defendants 
in any such action or suit, or the plaintiff or plaintiffs therein become 
non-suit, or suffer any discontinuance thereof, that in every such case 
the judge or judges before whom such matter shall be tried, or such ac- 
tion or suit shall be brought, shall, and they are hereby required, by force 
and virtue of this Act, to tax and allow to such defendant and defen- 
dants, his or their treble costs, which he or they shall have sustained or 
be put unto by reason of their wrongful vexation in defence of such ac- 
tion or suit, for which the said defendant or defendant shall have hke re- 
medy as in other cases where costs by law are given to the defendant or 
defendants. 

VIII. And be it further enacted by the authority aforesaid. That in case 
Vacancies. ^^^ ^^ ^^^^ commissioners herein appointed should happen to die, depart this 

Province, or refuse to act, that then and in such case, it shall and may be 
lawful to and for his Excellency the Governor, or the Governor for the 
time being, to appoint another commissioner or commissioners in the room 
and stead of him or them who shall so die, depart this Province, or refuse 
to act ; and such commissioner or commissioners, so appointed, shall have 
the same powers, advantages and authorities, and be subject and liable to 
the same penalties, as the commissioners hereinbefore named. 
In the Council Chamber, the 22d September, 1733. 

PAUL JENYS, Speaker. 
Assented to: ROBT. JOHNSON. 




OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 
AN ACT roll the establishment and regulation oi- two Ferries, No. 559. 

AT the particular PLACES HEREIN MENTIONED. 

WHEREAS, a petition has been exhibited to the General Assembly of 
this Province, by the inhabitants of John's L;land, in Colleton county, and Preamble. 
James Island, in Berkley county, setting forth tlie many difficulties they 
lie under, for want of two ferries being settled and established at the two 
places mentioned in their said petition. And forasmuch as the regulating 
and establishing of ferries will be of great conveniency for the dispatch of 
business, and for the use of the public in general, we therefore pray your 
most sacred Majesty that it may be enacted, 

I. And be it enacted, by his Excellency Robert Johnson, Esq., Governor, 

with the advice and consent of his Majesty's Honorable Council and the Ferry estal>- 
Commons House of Assembly, and by the authority of the same, That I'-'C'l "ver Sto- 
two public ferries be, and are hereby, established, one over Stono river, jj^I^^^'g jj„,i 
from Col. Alexander Hext's plantation to Mr Thomas Heyward s planta- Heyward'g 
tion, on James Island ; the other over Ashley river, from the plantation of ^ !i'^"°"o'er 
Mr. Gabriel Manigault, on James Island, to the White Point in Charles- Ashley river, 
town, or as near thereto as may be ; which said ferries shall be hereby ves- f™'" Mam- 
ted in commissioners, namely: for John''s island ferry, Col Alexander j^^^pjT'jj^lanj 
Hext, Capt. Thomas Hey ward, and Mr. John Raven ; for James island to White 
ferry, Mr. Gabriel Manigault, Mr. John Hyrne, and Mr. William Chap- ''°''"- 
man, for the space of seven years next ensuing the ratification of this law ; 
who are hereby empowered to agree with any person or persons who shall 
undertake the looking after the said ferries ; and there shall be found to 
each ferry a good and substantial ferry boat; that from John's island, 
over Stono river, shall carry four horses, at least, and that from James is- 
land, over Ashley river, shall carry two horses, at least ; and the person 
or persons so to be appointed by the said commissioners, shall find and pro- 
vide a sufficient number of slaves or servants, who shall constantly at- 
tend the said ferry, as well by night as by day, to carry over passen- 
gers, their horses, servants and slaves. 

II. And he it further enacted, by the authority aforesaid. That the per- 
son so to be appointed by the said commissioners, shall be allowed for fer- ^ ^' 
riage the several rates and prices following, that is to say : for the fer- 
ry over Stono river, for each single person, two shillings and six pence ; 

for a man and horse, five shillings ; for cattle, per head, two shillings 
and six pence ; for sheep, hogs and calves, per head, one shilling, if carried in 
the feny boat; and for the ferry over Ashley river to White Point, for a 
single person, seven shillings and six pence, and if more, five shillings each ; 
for a man and horse, ten shillings ; for cattle, per head, ten shillings ; for 
sheep, hogs and calves, per head, two shillings. All which rates are to 
be paid in the current money of this Province. 

HI. And he it further enacted by the authority aforesaid. That the 
persons who shall have charge of the said ferries shall keep the said ferry „ 
boats in good and sufficient repair, from time to time and at all times, du-neo^lect. 
ring the term of seven years, as aforesaid, and shall cause constant atten- 
dance to be given at said ferry, at all times of the day and night, as afore, 
said, under the several penalties and forfeitures following, that is to say : 
for non-attendance the first hour, five shillings, and for every hour after, 
ten shillings, current money, as aforesaid ; and every justice in the said 



8.0 STATUTES AT LARGE 

A.I). 1733. ^Qig relating to Roads, Bridges and Ferries. 

counties, on information made to him upon oath, in writing, of such ne- 
glect, by any person who shall be delayed thereby, shall, and is hereby em- 
powered to, levy such forfeitures, by warrant of distress, under his hand 
and seal, directed to any adjacent constal)le, on the deraulter''s goods ; and 
the money arising from such default shall be applied, the one half to the 
poor of the parish where the said ferry is established, and the other half 
to the person and persons who shall be so delayed ; provided, such complaint 
shall be made within ten days next after such delay shall happen, and at 
no time after. 

IV. And forasmuch as it will be necessary that causeys and roads should 
Causeys and be laid out and kept up in some particular places leading to the said ferries, 
roails to be and their low water landings, for the conveniency of the persons travelling 
"'^"^L!."^ '^*^'" thereto ; Be it enacted by the aiitliority aforesaid" That it shall and mav be 
ferries. lawful to and for the several commissioners of roads, in the several districts 

where the said ferries are hereby ordered to be kept, to lay out good and 
convenient roads ; and they are hereby ordered and required to lay out such 
good and convenient roads to the several landing places of the ferries 
hereby established, in the same manner as public roads are ordered and di- 
rected to be laid out by any law or laws of this Province. 

V. knd he it further enacted by the authority aforesaid. That minis- 
frora loth"'^ ters of the Gospel, and all persons under arms in time of alarms, and ex- 
presses, shall have their ferriage free, themselves, their servants, negroes 
and horses. ^ 

In the Council Chamher, the 22d Septeviber, 1733. 

PAUL JENYS, Speaher. 

Assented to : BOBT, JOHNSON. 



No. 560. AN ACT for establishing a Ferry from the plantation of Col. 
Samuel Prioleau, called Patterson's Point, on Port Royal 
Island, to the Land of Thomas Inns, Esq., on the Indian Land ; 
AND also, a Ferry over Combahee River ; and appointing Com- 
missioners to lay out Roads from thence to Purysburgh and 
Port Royal Ferry. 

"WHEREAS, a ferry from the plantation of Col. Samuel Prioleau to 
the Indian land, is found to be very convenient for the inhabitants who 
reside in the south parts of this Province; and also, another ferry over 
Combahee river'will be equally useful ; we therefore pray your most sacred 
Majesty that it may be enacted, 

I. And be if enacted, by his Excellency Robert Johnson, Esq., Gover- 
nor, Captain-General and Commander-in-chief, in and over his Majesty's 
Province of South Carolina, by and with the advice and consent of his 
Majesty's Honorable Council and the Assembly of this Province, and by 



OF SOUTH CAROLINA. 81 

Avts relating to Roads, Bridges and Ferries. A. D. 1733. 

the authority of the same, That a public ferry be, and is hereby, estab- . 
Jished at the plantation of Col. Samuel Prioleau, called Patterson's Point, ^r'r^'^^*"'" 
from thence to the land of Thomas Inns, Esq., being the Indian land; 
which said ferry shall be, and is hereby, vested in the said Coi. Samuel Prio- 
leau, his heirs and assigns, during the space of fifteen years; and it shall 
and may be lawful for the said Col. Samuel Prioleau to agree with any 
person or persons who shall be willing to undertake the same ; and there ^*'"'^"'°"^" 
shall be found a good and sufficient boat, able to carr}'^ two horses and men, 
at the least ; and also, the said Col. Samuel Prioleau shall find and provide 
servants or slaves sufficient to manage the same, and shall, at all times, by 
night and by day, cause constant attendance to be given to carry over per- 
sons, their horses or slaves, under the penalties following, that is, for the 
first hours willful neglect, the sum of five shillings, and for every hour af- 
ter, the sum of ten shillings, to be recovered by warrant of distress, under 
the hand and seal of any justice of the peace in Granville county, and sale 
of the offender's goods, returning him the overplus, after charges deducted, 
the rest to be paid to the church wardens for the use of the poor of the pa- 
rish of St. Helena. Provided.^ such complaint be made by the person so 
delayed, within ten days after such delay, and not afterwards. And the 
said Col. Saufuel Prioleau, his heirs and assigns, for the ferrying over per- 
sons, their horses or cattle, shall take the following rates or prices, and no 
more, that is to say : for any single person, the sum of seven shillings and 
six pence ; for any two or more, the sum of five shillings each ; for a horse 
and man, the sum of ten shillings; and for neat cattle, per head, the sum 
of ten shillings ; and for sheep, hogs and calves, per head, two shillings, 
and neat cattle, per head, the sum of ten shillings. 

II. And be itjurtker enacted by the authority aforesaid, That there shall 

be one other ferry established over Combahee river, between Colleton and Ferry over 
Granville counties, from the plantation of John Jackson, (on which John Cou^bahee 
Barton now lives,) on the said river, to Robert Heele's bluff, on the other "^"' 
side of the said river ; which said ferry shall, and is hereby declared to, be 
vested in such person, his heirs, executors, administrators and assigns, as 
the commissioners hereinafter named shall appoint and agree, for the like 
term of fifteen years, and from thence to the end of the next session of the 
General Assembly ; and that it shall and may be lawful to and for the said 
person, his executors, administrators and assigns, during the said term, to 
have, receive and take, to his and their own use, the respective rates fol- 
lowing, for ferriage over the said river, and no other, that is to say : for a 
single person, the sum of tv/o shillings and six pence ; for a man and horse, 
the sum of five shillings; for every head of horses or neat cattle, ferried 
or swam over at the said ferry, the sum of fifteen pence ; for every head 
of hogs and sheep, the sum of seven pence half penny ; and that the per- 
son appointed by the commissioners in this Act named, shall always, du- 
ring the said term, keep and maintain a good and sufficient ferry boat, and 
two able servants or slaves, who shall constantly attend the said ferry, as 
well by night as by day, for the transporting of all persons, their slaves, 
horses and cattle, over the said ferry. 

III. And be it further enacted by the authority aforesaid. That there Two roada to 
shall be laid out, by the commmissioners hereafter named, two public roads be laid out 
from the said Heele's bluff, the one to the ferry over Cusavv river, at t'le g""}j.^^^'^'^ 
said Thomas Inn's land, and the other to the town of Purysburg, on the across Cusaw 
Savannah river ; which said roads shall be laid out in the most commodious "^^r, and one 
and direct manner that may be. ^° Purysburg. 

VOL. IX— 11. 



82 STA.TUTES AT LARGE 

^•^•^"^^- Acts relating to Roads, Bridges and Ferries. 

„ . . IV. And he it furtlier enacted by the authority aforesaid, That Col. 

John l^almer, Mr. Joseph Brian, and Mr. Hugh Bryan, be, and are hereby 
appointe 1, commissioners for laying out the said roads, and inspecting and 
seeing thot the said ferry over Combal.ee river be duly and sufficiently kept 
and maintained ; and that the said commissioners shall have power to take 
subscriptions from well disposed persons, for laying out the said roads ; and 
that all the monies to be had and received by the said commissioners from 
the said subscriptions, shall be duly laid out by the said commissioners, in lay- 
ing out and keeping the said roads; and that the said commissioners shall 
render an account of all the monies by them to be received on the said sub- 
scriptions, and how the same sliall be by them applied, to the church war- 
dens of the parisn of St. Helena, at the end of eighteen months next after 
the first subscription shall be made. 

In the Council Chamber, the 22d SejAcmber, 1733. 

PAUL JENYS, Speaker. 

Assented to: ROBT. JOHNSON. 



No. 562. AN ACT for vesting the Ferry over Ashley River in Edmund 
Bellinger, Esq., for a number of years therein mentioned. 

WHEREAS, Edmund Bellinger, Esq., hath, for several years last past, 
been at great charge and expense in maintaining and keeping the causey 
leading to Ashley river ferry in repair, which, by the frequency of the 
storms of late years, hath been damaged more than heretofore was usual. 
And ivhereas, the land of the said Edmund Bellinger, called Stoney Point, 
lies very contiguous and convenient for supplying stones and timber for 
maintaining and keeping in repair the landings and causey of the said fer- 
ry — we humbl)^ pray your most sacred Majesty that it may be enacted, 

L And be it enacted, by his Excellency Robert Johnson, Esq., Gover- 
A?lilry ferry jjq^ Captain-General and Commander-in-chief, in and over his Majesty's 

veiled i:i E' T» • £- o 1 /-I 1- 1 1-11 1 - 1 f \ ■ 

Bellinger. Province oi feouth Carolina, by and with the advice and consent or his 
Majesly''s Honorable Council and the Commons House of Assembly of this 
Province, and by the authority of the same, Tliat the ferry over Ashley 
river, commonly called Ashley Ferry, be, and is here declared and enacted 
to be, vested in the said Edmund Bellinger, his executors, administrators 
and assigns, from the day of the ratification of this Act, for and during 
and unto the lull end and term of seven years, from thence next ensuing, 
and fully to be complete and ended, and from thence to the end of the then 

Condiiions ^^^^ session of the General Assembly ; and that it shall and may be lawful 
to and for the said Edmund Bellinger, his executors, administrators and 
assigns, during the term aforesaid, to have, receive and take, to his and 
their own proper use, benefit and behoof, of and from all and all manner 
of persons passing and re-passing the said ferry, the several rates and sums 
following, that is to say : for every single person ferried over at the said 
ferry, the sum of seven pence half penny ; for a man and horse, the sum 



OF SOUTH CAROLINA. 83 

Acts relating to Roads, Bridges and Ferries. A. I). 1733. 

of fifteen pence ; for a chaise and horse, five shillings; for a coach and a 
pair, seven shillings and six pence ; for a coach and four, ten shillings ; for 
every head of horses or neat cattle, ferried or swam over at the s;iid ferry, 
the sum of fifteen pence ; for every head of hogs or sheepj the sum of six 
pence, in the current hills of this Province. 

II. And be it further enacted by the authority aforesaid, That the said -j',, keep can- 
Edmund Bellinger, his executors, administrators and assigns, shall, and sey iu order, 
they are hereby required to, keep the causey leading through the march to 

the said ferry, in good, suflicient and constant repair, at his and their own 
cost and charge ; and shall, also, during the term aforesaid, find and pro- 
vide a good, large, sound and sufficient ferry boat or ferry boats, for trans- 
porting of man, horse and cattle, chaise or coach, over Vne said ferry : and 
shall also find and provide two able and sufficient negroes or white persons, 
who shall constantly attend the said ferry, as well by night as by day, to 
ferry overall passengers, their horses, slaves and servants, when and as of- 
ten as there shall be occasion. 

III. And be it further enacted by the authority aforesaid, That in case 

any person or persons coining to the said river, in order to pass over the Pennlry for 
same, at the said ferry, shall meet with unreasonable delays, or being re- neglect, 
tarded for want of the said ferry boat coming to transport them over the 
said ferry, he the said Edmund Bellinger, his executors, administrators and 
assigns, shall forfeit and pay, for every time such delay shall happen, to the 
person and persons so delayed, for the first hour such person shall be so de- 
layed, the sum of five shillings, and for every hour after, the sum of fen 
shillings, current money, to be recovered before any of his Majesty's justi- 
ces of the peace for Berkley county, in the same manner as is directed by 
the Act of the General Assembly of this Province, for the trial of small and 
mean causes. Provided, such person and persons who shall be so delayed, 
make his and their complaint within ten days next after sucli delay shall 
happen, and at no time after. 

IV. And whereas, the causway leading to the said ferry is not sufficient 

or safe for Coaches or carts to go to and from the said ferry, for want ofTo make the 
being a proper breadth of the same ; Be it enacted. That the said Edmund '^".'I®*'-^'^ '^^^ 
Bellinger shall, within the space of one year after the ratification of this 
Act, make the same a good and sufficient causeway, twelve foot broad on 
the top, with one stand or place at the middle distance on the said caus- 
way, be made eighteen foot wide and forty foot long, and a convenient 
stand at the end of the said causway, at the river, under the penalty of 
two hundred pounds, proclamation money, to be recovered in any court of 
record in this Province, by action of debt, bill, plaint or information ; 
wherein noessoign, priviledge, protection, wager of law, or stay of prose- 
cution, by non vult ultcrius prosequi, or otherwise, shall be admitted or al- 
lowed of; one half thereof to his Majesty, to be applied towards the ma- 
king and keeping in repair the said causway, and the other half to him or 
them that will inform and sue for the same ; and that the said causway 
shall bo kept in due repair from time to time, of which the commissioners 
hereinafter mentioned, shall be judges ; he, the said Edmund Bellinger, his 
e.\ecutors, administrators and assigns, on complaint and proof thereof made 
before the said commissioners, shall forfeit the sum of fifty pounds, current 
money, to be levied by warrant under the hands and seals of the said com- 
missioners, and shall be paid to the church wardens of the parish of St. 
Andrew, for the use of the poor thereof. 



84 STATUTES AT LARGE 

A. D. 1733. Acts relating to Roads, Bridges and Ferries. 

V. And he it further enacted by the atithorit)' aforesaid, That Col. Wil- 
Commissionersjjj^^ Bull, Mr. Roger Sanders, and Mr. William Elliot, jun., be, and are 

hereby appointed, commissioners of this Act, and to see the same duly put 
in execution. 

VI. Ai^d he it further enacted by the authority aforesaid, That the 
Who exempt Governor for the time being, all ministers of the Gospel, all persons going 
from toll. to and from any place of divine worship, and all persons going to and from 

in time of muster of the militia, and alarms, be, and are hereby declared 
to be, exempted from paying any ferriage at the said ferry, for passing and 
repassing the said ferry, themselves, their horses and servants; any thing 
hereinbefore contained to the contrary notwithstanding. 

In the Council Chamber, the 22d of September, 1733. 

PAUL JENYS, Speaker. 
Assented to : ROBT. JOHNSON. 



No. 580. AN ACT fok establishing a Ferry at North Edisto River, from 

A PLACE CALLED THE PoiNT OF PiNES, BELONGING TO Mr. PaUL 

Grimball, on Edisto Island, to Mrs. Brian's Landing near 
Leadenwaw Creek, on Wadmalaw Island, or as near thereto as 

MAY BE, IN THE PaRISH OF St. PaUl's IN CoLLETON CoUNTY. 

WHEREAS, Charles Odengsills, John Jenkins, Paul Grimball, Isaac 
Grimball, Ebenezer Peckham, Christopher Linkley, William Tilly, Thomas 
Joyce, lehabod Wenborn, John Jenkins, jr., Joshua Grimball, Daniel 
Mitchell, Matthew Cress, John Ceely, James Mitchell, William Conyers, 
John Sams, John Andrew, Elias Andrew, Joseph Ceely, William Ceely, 
James Lanning, Joseph W^atson, John Hammilton, Christopher Jenkins, 
William Mellichamp, and Lawrence Mellichamp, by their petition to the 
General Assembly of this Province, have prayed that a ferry may be 
established at North Edisto river, from the Point of Pines, belonging to the 
said Paul Grimball, on Edisto Island, to Mrs. Brian's landing, near Leaden- 
waw creek, on Wadmalaw Island, or as near thereto as may be. And for- 
asmuch as the establishing and regulating of ferries will be of great conve- 
niency for the dispatch of business, and for the use of the public in general — 
we therefore pray your most sacred Majesty that it may be enacted, 
I. And he it enacted, by his Excellency Robert Johnson, Esq., Governor, 
A ferry esta- Captain-General and Commander-in-chief, in and over this Province, by 
blishedatNo. and with the advice and consent of his Majesty's Honorable Council, and 
Edisto 'fiver, (hg Commons House of Assembly of this Province, and by the authority of 
Pines to Bri- the same, That a ferry be, and is hereby, established at North Edisto river, 
an's landing, from the said Point of Pines, belonging to the said Paul Grimball, to Mrs. 
l" Grimball.'" Brian's landing near Leadenwaw creek aforesaid, or as near thereto as may 
be ; which said ferry shall be, and is hereby, vested in the said Paul Grim- 
ball, for the space of seven years next ensuing the ratification of this 
Act. 



OF SOUTH CAROLINA. 85 

Acta relating to Roads, Bridges and Ferries. A. I). 17:54 

TI. knd be it further enacted by the authority aforesaid, That the ^^ 
said petitioners hereinbefore named, shall, and they are hereby required to, ,„'aje, &c. 
make good and convenient caiisways at the places aforesaid ; and also, to 
find a good and substantial ferry boat, fit to carry four horses at least, at 
their own proper cost and charges. 

III. knd he it further enacted by the authority aforesaid, That the said 

Paul Grimball shall, and he is hereby required to, keep a sufficient ^'°"'''"""^- 
number of slaves or servants, who shall constantly attend the said ferry, as 
well by day as by night, to carry over passengers, their servants, slaves 
and horses; and the said Paul Grimball shall be allowed for ferriage the 
several rates and prices following, that is to say: — for every single person, 
five shillings ; for a man and horse, ten shillings ; for cattle, per head, five 
shillings ; for sheep, hogs and calves, per head, fifteen pence. 

IV. knd. he it further enacted by the authority aforesaid, That in oase Pennltiea. 
any person or persons going to the«aid ferry in order to pass over the same, 

shall meet with unreasonable delays, or be retarded for want of said ferry 
boat coming to transport them, he, the said Paul Grimball, shall forfeit and 
pay, for every time such delay shall happen, to the person or persons so 
delayed, for the first hour, the sum of ten shillings, and for every hour 
after, the sum of five shillings, current money ; to be recovered before any 
of his Majesty's justices of the peace in Colleton county aforesaid, in the 
same manner as is directed by the Act of the General Assembly in this 
Province, for the trial of small and mean causes ; 2^^oinded, that such per- 
son shall make complaint within ten days after such delay shall happe*l. 

V. And be it further enacted by the authority aforesaid. That all and 

every of the said petitioners above named, shall be exempted from making Exemptions, 
or contributing towards the making of any other ferry or causey from 
Edisto Island aforesaid, during the said term of seven years. 

PAUL JENYS, Speaker. 

In, the Council Chamber, 9th April, 1734. 

Assented to: ROBERT JOHNSON. 



AN ACT FOR THE RE-BUILDIIVG A BrIDGE OVER Po?f PoN RiVER, AND ]SJo. 581. 
TO APPOINT COMMISSIONERS TO LAY OUT A RoAD FROM THENCE TO 

THE Ferry on Combee River. 

WHEREAS, the bridge that was formerly built over Pon Pon river, 
hath been destroyed by a flood or rising of the said river ; for the ease of 
passengers and travellers, and for the opening a more safe and better com- 
raunication to the southern frontier of this Province, we humbly pray 
your most sacred Majesty that it may be enacted, 

I. knd he it enacted, by his Excellency Robert Johnson, Esquire, Go- 
vernor, Captain-General and Commander-in-chief, in and over his Majes- 
ty's Province of South Carolina, by and with the advice and consent of his 
Majesty's Honorable Council, and^ the Assembly of this Province, and the 



86 STATUTES AT LARGE 

A. n, l7'M. Acts relating to Roads, Bridges and Ferries. 

authority of the same, That the commissioners hereinafter named and ap- 
pointed by this Act, shall cause to be rebuilt and erected, a good and sub- 
stantial bridge over Pon Pon river, where the bridge formerly stood, at the 
plantation of C iptain John Jackson, on the said river. 

II. And be it further enacted by the authority aforesaid, That the said 
Biidt-e to be ^"'f't?*-' '"^''^'"^l' ^e rebuilt and erected at the cost, charge and expense of the 
jpbuflt ovpf inhabitants and owners of slaves in the two adjoining parishes, that is to 
Pon Pen. gf^y . — ti^g Qj^g i^j^if Qf t]^g expense to be levied on all the male inhabitants 
from the age of sixteen to sixty, in the parish of Saint Paul's, and the other 
half to be levied on all male inhabitants as aforesaid, in the parish of Saint 
Bartholomew's, in Colleton county, in the Province aforesaid ; and the 
commissioners hereinatter named are hereby authorized, empowered and 
required, to make an assessment on all and singular the male inhabitants, 
from the age of sixteen years to the age of sixty, in the said parishes, and 
either of them, for and towards defraying the charge and expense of re- 
building and erecting the said bridge. 

ill. And be it further enacted, by the authority aforesaid, That the said 

f. •„„•,„„. commissioners, or the major part of then), shall have, use and exercise, the 

Commissioners ' . •'. . '^ . • -i v- • i • i i • i 

& their power, same powers and authorities, in rebuilding and erecting the said bridge, 

and in making the assessment for defraying the charge and expense thereof, 

and keeping the same in repair after the same shall be rebuilt, as the several 

commissioners of high roads or public paths have in this Province by virtue 

of any Act or Acts of the General Assembly. 

IV. Aiid be it further enacted, by the authority aforesaid. That Capt. 
Anthony Matthews, Mr. John Bee, jr., Mr. Daniel Hendrick, Mr. John 
Jackson, and Mr. John Andrews, be, and are hereby appointed, commis- 
sioners for putting in force and executing this Act, and every matter and 
thing relating to the said bridge over Pon Pon river. 

V. And ivhereas, a road from the bridge aforesaid to the plantation of 
Benjamin Godin, Esquire, on Ashepoo river, and from thence to the marsh 

Road from said leading to Combee ferry at Combee river, is much wanted, and would be 
bridge to Ashe- Qf nr^eat service to the inhabitants of this Province travelling to the south- 
poo nnd thence 1 /- ,• -i . • i.1 i i i,l iil t i- T> 

to Combee ward frontiers, it being the nearest way to the new settlement oi Purys- 
I'erry. burgh and colony of Georgia. Be it therefore enacted, by the authority 

aforesaid, That Thomas Butler, William Jackson, and William Webb, 
be appointed commissioners for laying out a road and putting the same in 
°'"""®^'°"^'^'' repair, from the said bridge to the said plantation of Benjamin Godin, at 
Ashepoo, inclusive ; and that all the male inhabitants from the age of sixteen 
to sixty, of the south side of the road leading to the Horseshoe, as far as 
the Horseshoe Bridge, be obliged to work on the said road ; and that also, 
William Livingston, Henry Hyrne, and Richard Baker, be appointed 
commissioners for laying out a road and keeping the same in repair, from 
Ashepoo river aforesaid to Combee ferry aforesaid ; and that all the male 
inhabitants from the age of sixteen to sixty, residing on the south side of 
Ashepoo river, be obliged to work on the same. 

VI. And be it further enacted by the authority aforesaid. That all the 
inhabitants from the age of sixteen to sixty, who live above the old bridge 

Who to work ^j ([jg [^g^d of Ashepoo river, and the west side of the creek between Wan- 
nel's Neck and Brian's Neck, shall, and they are hereby required to, build 
a new bridge, or rebuild the old one, over the head of Ashepoo river, and 
keep the same in repair ; and to lay out and keep in repair a road from 
the said bridge at the head of Ashepoo river to Saltcatcher river, leading to 
the Rangers fort, or where the commissioners hereinafter mentioned shall 



OF SOUTH CAROLINA. 87 

Acts relating to Roach, Briclges and Ferries. A.I). 1734. 

think most convenient ; which said inhabitants last above mentioned shall 
be, and tliey are hereby, exempted from working on or being assessed for 
any other road or bridge in the said parish. 

VII. And be it fur titer enacted by the authority aforesaid, That Col. 
Joseph Blake, Esquire, John Bull, and William Bellinger, be, and ^^^ \>,^^^c:r o^ cnm- 
hereby appointed, commissioners for the bridge and road last above men- mission m-s. 
tioncd ; which said commissioners, and all and every other the commis- 
sioners hereinbefore named, shall have all the powers and authorities for the 
putting this Act into execution, as ar.y other commissioners of roads have 
by any Act of Assembly of this Province. 

PAUL JENYS, Spealcer. 

In the Council Chamber, the 9fh of April, 1734. 

Assented to: ROBERT JOHNSON. 



AN ACT TO APPOINT Commissioners to lay out and mend Roads ]v^q, 597. 
AND appoint Ferries for the Parishes of Prince George Winyaw 
and Prince Fredrick ; and to explain part of an Act entitled 
"An Act for dividing the Parishes of Saint Paul's, in Colleton 
County, and Prince George Winyaw, in Craven County;" and 
to appoint a Ferry over Santee River. 

[The original of this Act is illegible. The following is copied from Grimke, p. 141.] 

WHEREAS, it contributes greatly to the ease and advantage of the in- 
habitants of this Province, if proper roads and ferries are laid out and ap- 
pointed in the several parts thereof; and it is absolutely necessary to alter 
several roads and make others new, and to appoint ferries, in the Parishes 
of Prince George and Prince Frederick, Winyaw, for the ease and advan- 
tage of all persons that have affairs to transact in the said parishes. 

I. Be it therefore enacted^ That be, and are hereby appointed, ^ . . 

,. ,, I • 1 , r ,1 - I- /i -1 rrt • /^ Commissioners 

commissioners ot the high roads, for that part of the parish of Prince George ^f roads for 

W^inyaw, commonly called by the name of Waccamaw Neck, which dis- \yacxaraaw 

trict shall be extended between the Waccamaw river and the sea, as far as "^^'^^' 

the Province line. 

II. III. IV. V. VI. VII. VIII. Obsolete. 

IX. Be it enacted, That a ferry be established to pass over Santee river, Ferry over 
either at the plantation of John Sullivants, or at Fareweirs creek. (ThcSamee. 
rest of this clause obsolete.) 

X. Obsolete. 

XI. The commissioners of the parishes or districts on each side of San- 
tee river, are hereby empowered to summon the inhabitants of their several „ . . 

J- , ■ , , , . 1 , • 1 , • , , , • 1 . Commissioners 

districts, to lay out and put in order the said roads or paths, in the most 

convenient places they shall think proper, to pass the said ferry over San- 

tee river. 



88 STATUTES AT LARGE 

A. D. 1735. Acts relating to Roads, Bridges and Ferries. 

XII. The commissioners of the several districts of the parishes of Prince 
filack Hve^ Frederick and Prince George, Winyaw, shall appoint ferries on such places 
and Winyaw. over Black river and over Winyaw river, as the commissioners of the dis- 
tricts on each side of the said rivers where the ferry shall be appointed, 
shall think proper. (The rest of this clause obsolete ) 

XIII. And the commissioners are hereby empowered to lay out and as- 
. sign one acre of land on each side of the river where the ferry shall be ap- 

pointed, for the use of the said ferry. Provided., that the said commission, 
ers do pay the owners or proprietors of such lands, the sum of ten pounds 
current money, for each acre, when the said owners or proprietors shall de- 
mand the same, except such ferry should happen to land within the fenced 
plantation or pasture of any person ioining to the said river. 

XIV. Obsolete. 

XV. And whereas, by an Act entitled "An Act for dividing the parishes 
of Saint Paul, in Colleton County, and Prince George Winyaw, in Craven 

X f F County," among other things it is enacted, "That the line which divideth 

George Win- the parishes of Prince George Winyaw and Prince Frederick's, shall go 
yaw. over Black river at the plantation of John Bogg, and from the said planta- 

tion of John Bogg, to be included in the town parish, in a due north line 
Frekerick.""*^^ ^'^' ^^^ come to Peedee river ;" which said Act has not sufficiently provided 
for the division of the parishes. Be it therefore enacted, That the said 
north line from John Bogg's plantation on Black river, to Peedee river, be 
extended due north, over Peedee river, until it comes to the utmost bounds 
of the Province ; and that all that tract of land to the east of the said line 
between that and the sea, be deemed and accounted as part of the parish 
of Prince George Winyaw ; and on the other side of the said line to the 
west, be deemed in the parish of Prince Frederick. 

XVI. And whereas, there may disputes hereafter arise concerning which 
part of John Green's creek, mentioned in the said Act, shall be accounted 

Green's creek. ^^6 head thereof. Beit therefore enacted. That the line between the two 
parishes shall be run froTn Dubosk's, as is expressed in the said law ; and 
from thence, as far as the tide rises, which shall be deemed the head of the 
said creek, and so down the said creek as the said law directs. 

XVII. If any action or actions shall be brought or commenced against 
any of the said commissioners, or other persons, in any court of record in 

May plead the ^j^-g Province, for any matter or thing done in pursuance of this law, it shall 
and may be lawful to and for the commissioner or other person, to plead 
the general issue, and give this Act and the special matter in evidence ; 
any law, usage or custom to the contrary notwithstanding. 

PAUL JENYS, Speaker. 
March 29, 1735. 

ROBERT JOHNSON. 




OF SOUTH CAROLINA. 

Acfs relating to Roads, Bridges and Ferries. 

AN ACT TO APPOINT AND ENABLE CERTAIN CoMMISSIONEKS TO KEEP No. 589. 
IN REPAIR THE RoAD LEADING FROM BaCOn's BrIDGE, IN BeRKLEY 

County, to the Parish line near Jackson's Ferry ; and also, 
Commissioners to lay out a Road from thence to the Road on 

THE EAST SIDE OF A SwAMP, AT A PLACE CALLED MrS. DrAYTON's 
COWPEN. 

[The original of this Act is lost. The following is copied Irom Grimke, p. 142.] 

FORASMUCH as a petition has been exhibited to the General Assembly 
of this Province, by divers inhabitants at the head of Horse Savanna, in 
Colleton county, and on the south of Ashley river in Berkley county, set- 
ting forth the many inconveniences they lie under for want of a public 
road and passage being laid out and made in the several places mentioned 
in their said petition ; and forasmuch as tlie making and repairing good 
and convenient roads and passages, is a work at all times fit to be en- 
couraged for the carrying on of business, as well as ease of travellers. 

I. Be it therefore enacted, that it shall and may be lawful io and for the 
commissioners hereinafter named and appointed, and they are hereby em- Commissioners 
powered and required, at any convenient time, to summons all the male *" "P^" •'^^'^ 

c ^\ c ■ L " i • i. '• • J J- .from near 

persons irom the age ot sixteen years to sixty, living and residing on eachj^j^ij Savanna, 
side of the said road, and do make use of the same, between the said parish to load south 
line and the Covv Savanna, to work and repair the said road from the parish °g^^j^jjg*j-^ "^'"' 
line near Jack's Savanna, to the road on the south side of Ashley river Westo Savan- 
that leads to the Westo Savanna. (The rest of this clause obsolete.) ^^• 

n. And a road shall be laid out from the road at the parish line aforesaid, 
to the road leading from Mr. Thomas Elliott's plantation on the north ^ , y^ 
branch of Stono River, to a place called Mrs. Drayton's Cowpen, and join ton's Cowpenr 
the said road at the east side of a great Swamp near the said cowpen ; and 

that — are hereby appointed commissioners, and they, or any 

two of them, are hereby empowered, directed and required, with all con- 
venient speed, to lay out the said road ; which shall be made, mended, and 
kept in repair, at the equal charge and labor of the several male persons 
living and residing on each side of the said road, and that shall make use 
of the same, from the said parish line to the road leading to Mrs. Drayton's 
Cowpen. 

HI. Obsolete. 

IV. The commissioners of the public road leading from Westo Savanna 
westward, are hereby empowered and authorized to oblige all persons who p j r 
live adjacent to and use the road lately laid out by the commissioners Westo Savanl 
aforesaid, leading from the public high road by Mr Andrew Slann's planta- na. 
tion, to the plantation of Peter Taylor, to make, mend, and keep in repair 
the said road. (The rest obsolete.) 

PAUL JENYS, Speaker. 
April 2^th, 1735. 

ROBT. JOHNSON. 
. VOL. IX— 12- 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

No. 590. AN ACT further to empower the Commissioners of the High 
Roads in the Parishes of St. Philip's, St. Andrew's and St. James 
Goose Creek, to complete and finish the roads in the said 
parishes respectively. 

WHEREAS, for the carrying on the roads in the said parishes of Saint 
Phihp's, Saint Andrew's, and Saint James Goose Creek, most commodi- 
Road from oiisly for the inhabitants of the said parishes, and other his Majesty's sub- 
Aphley river jg^ts passing and re-passing on the said roads, it will be necessary that the 
Charlestown. foad leading from Ashley river ferry to Charlestown, be continued and 
carried on from the place where the said road now ends, in a direct line to 
From Goose the Q,uarter House; and the road leading from (ioose Creek to Charles- 
Charlestown town aforesaid, be continued and carried on from the bounds of the said 
parish where it intersects the said road, in a direct line to the said Quarter 
House. We therefore pray your most sacred Majesty that it may be en- 
acted, 

I. And be it enacted, by his Excellency Robert .Johnson, Esq., Gover- 
nor, by and with the advice and consent of his Majesty's Honorable Coun. 
Commissioners pji g^p^ ^j^g Commons House of Assembly of this Province, and by the au- 
era. ^^ thority of the same, That the commissioners of the high roads in the seve- 

ral parishes or districts of Saint Philip's, Saint Andrew's and Saint James 
Goose Creek, respectively, be, and they are hereby, empowered, authorized 
and required, to lay out, continue, and carry on the high roads in the said 
parishes, in manner following, that is to say : — the road leading from Ash- 
ley river ferry to Charlestown, shall be laid out, continued, and carried on, 
from the place where the said load now ends, in a direct line to the Quarter 
House ; and the road leading from Goose Creek to Charlestown, shall be 
laid out, continued and carried on, from the bounds of the said parish 
where it intersects the said road, in a direct line to the Quarter House 
also. 

H. And he it further enacted by the authority aforesaid, That the com- 
missioners of the said parishes, respectively, shall, and they are hereby re- 
quired to, lay out, finish and complete such part of the said roads as shall 
be in their respective parishes, in manner as is above directed, on or before 
the first day of December next ensuing, on pain of the forfeiture of one 
hundred pounds, by the said commissioners severally and respectively, who 
shall so neglect or refuse to finish and complete the said roaus; one half to 
his Majesty, towards finishing and completing the said roads, respectively, 
and the other half to him or them that will sue for the same, in any court 
of record in this Province, by action of debt, bill, plaint or information ; 
wherein no privilege, protection, or wager of law, shall be allowed or ad- 
mitted, nor any more than one imparlance. 

HI. And, he it further enacted by the authority aforesaid, That all and- 
every the commissioners of the said parishes, respectively, shall be, and 
they are hereby, invested with all the powers and authorities for assessing 
and levying the charges of making the said roads on the several inhabitants 
of the said parishes, respectively, as are given to any commissioners of 
high roads by any Act of Assembly of this Province. 

PAUL JENYS, Speaker. 

' In the Council Chamher, April the 2^th, 1735. 

Assented to: ROBERT JOHNSON. 



OF SOUTH CAROLINA. 91 

Acts relating to Ro<fds, Bridges and Ferries. A- ^- '735. 

AN ACT FOR LAYING OUT A RoAD FROM THE RoUND O SaVANNA TO No. 591. 

THE ruBLic Road lkading from Jackson's Feuky to Horse Shoe 
Savanna, and to appoint Commissioners for the same ; and to 

INVEST THE COMMISSIONERS APPOINTED IN AN AcT ENTITLED *' An 

Act for establishing a Ferry from the plantation of Col. 
Samuel Prioleau, called Patterson's Point, on Port Royal Is- 
iand, to the land of Thomas Inns, Esq., on the Indian Land ; 
and also, to erect a F^erry over Combahee River, and to appoint 
Commissioners to lay out Roads from thence to Purysburgh 
AND to Port Royal Ferry," with the same power and authority 
as any Commissioners of Highways have in this Province. 

WHEREAS, a petition has been exhibited to the General Assembly of 
this Province, by the inhabitants of that part of St. Bartliolomew's parish 
near the Round O Savannah, setting forth the many disadvantages they 
labor under for want of a road from the said Round O Savanna to Jack- 
son's ferry road, as aforesaid ; we therefore pray your most sacred Majesty 
that it may be enacted, 

I. And be it enacted, by his Excellency Robert Johnson, Esq., Governor 

and Commander-in-chief in and over this iiis Majesty's Province, by and Road from 
with the advice and consent of his Majesty's Honorable Council and the ^""'nd O Sa- 
Commons House of Assembly, and by the authority of the same, That a soJ,''g'^pg"^^^*^jj^ 
road be laid out from the Round O Savanna, as aforesaid, to the public Pon Pon. 
road leading from Jackson's ferry, on Pon Pon river, to the Horse-shoe 
Savanna ; which said road shall be made and kept in repair by the inhabi- 
tants adjacent thereto, and making use of the same. 

II. And be it further enacted by the authority aforesaid. That Mr. Law- „ . . 
rence Saunders, Mr. John Andrews, and Mr. Samuel Sleigh, be, and are 
hereby appointed, commissioners for putting in force and execution this 

Act, and every matter and thing relating thereto ; and that the said com- 
missioners, or the major part of them, shall have, use and exercise the 
same powers and authorities, in laying out and keeping in repair the said 
road, as the several commissioners of high roads or public paths have in 
this Province, by virtue of any Act or Acts of the General Assembly of 
this Province. 

III. And whereas, in an Act entitled "An Act for establishing a ferry 

from the plantation of Col. Samuel Prioleau, called Patterson's Point, on Commissioners 
Port Royal Island, to the land of Thomas Inns, Esq., on the Indian land, ^° ^''^'?''^':.'' 

A \ e- /-111 1 ..'' .. ,' terrv at ratter- 

and also a terry over Combahee nver, and appotntmg conmiissioners to lay sons's Point, 
out roads from thence to Purysburgh and to Port Royal ferry," the commis- over Comba- 
sioners therein named are thereby empowered to lay out the said roads, and [o^la^'Ju't'^a'^ 
to receive the contributions from well disposed persons, for and towards ma- road to Purys- 
king the same, but have not power to summons the inhabitants within that ^"""a- 
district to work on the same, as all other commissioners of highways have 
in their several districts. Be it therefore enacted by the author':/ afore- 
said. That Col. John Palmer, Mr. Joseph Bryan, and Mr. Hugti Bryan, 
the commissioners appointed by the said Act, be, and they are hereby, in- 
vested with the same full power and authority in their district, as any com- 
niissioners of highways have in this Province. 

la ike Council Chamber, the 28th April, 1735. 

PAUL JENYS, Speaker. 
Assented to: ROBERT JOHNSON. 



92 STATUTES AT LARGE 

A. D. 1736. Acts relating to Roads, Bridges and Ferries. 

No. 601. AN ACT further to empower the Commissioners of the High 
Roads in the Parishes of Saint Philip's, Charlestown, Saint 
James's Goose Creek, and Saint Andrew's. 

WHEREAS, the road leading from the Quarter House to the parish of 
Saint James Goose Creek, is, tor want of the necessary reparation and 
amendments thereof, become ahnost impassable ; and the commissioners of 
the high roads in the parishes of Saint Philip's, Charlestown, Saint James 
Goose Creek, and Saint Andrew's, for want of certain knowledge in the 
boundary lines of the said parishes, have not been able to lay out and finish 
the said roads ; for remedy whereof, and that the said road may be laid out 
and carried on, and from time to time kept in repair, in the most commodi- 
ous manner, for the use of his Majesty's subjects — we humbly pray your 
most sacred Majesty that it may be enacted, 

I. And he it enacted, by the Honorable Thomas Broughton, Esquire, 
Lieutenant-Governor, Captain-General, and Commander-in-chief, in and 
Quaitei House over his Majesty's Province of South Carolina, by and with the advice and 
toSt. Andrw's, consent of his Majesty's Honorable Council, and the Commons House of 
made a public ^gggj^jbiy of this Province, and by the authority of the same, That the 
commissioners of the high roads in the parishes of Saint Philip's, Charles- 
town, Saint James's Goose Creek, and Saint Andrew's, shall, within seven 
months next after the ratification of this Act, lay out, make, continue, and 
carry on the high road within their respective parishes hereinafter men- 
tioned, that is to say : — that the road from the Live Oak, near the Quarter 
House, to the parish of Saint Andrew's, as it is now laid out, shall be the 
common high road for the said three parishes, for the length of thirty-three 
chain, measuring westerly from the said live oak ; and that from the place 
where the said thirty three chain ends, measuring from the said live oak 
as aforesaid, the road shall be carried on in a direct line, to the place where 
the commissioners of the said parishes of Saint James have finished the 
road leading from the said parish to Charlestown. 

n. Knd belt further e7iacted hy i\\e authority. aforesaid. That the said 
Who to keep it^^igh road, in the manner hereinbefore directed, shall be laid out and made 
in repair. within the time aforesaid, and from time to time thereafter kept in repair, 

by the commissioners of the high roads of the said three parishes, respec- 
tively, through which the same shall run ; and the said commissioners, and 
Coinniissioners gygj.y. ^j- ^j^g,^^ within their several districts, shall have all and the same 
powers and authorities, for laying out, making, and repairing the said 
road, as any other commissioners of the high roads in any other parishes 
or districts in this Province have, or by law ought to have, within the 
same. 

HL knd he it further enacted by the authority aforesaid. That if the 
Penalties. commissioners of any of the said three parishes shall neglect or refuse to 

lay out and make the said high road, according to the directions aforesaid, 
within the said seven months, such commissioners of such parish so refu- 
sing or neglecting, shall forfeit the sum of three hundred pounds, current 
money of the Province aforesaid ; to be recovered by action of debt, bill, 
plaint or information, in any court of record in this Province ; the one half 
of which forfeiture shall be to his Majesty, for making and repairing the 
said road, and the other half to him or them that will inform and sue for 
the same. 

IV. And he it further enacted by the authority aforesaid, That in case 
the said commissioners, or any of them, or any other person or persons, 



OF SOUTH CAROLINA. 93 

Acts relating to Roads^ Bridges and Ferries. A. I). 1730. 

shall be sued or prosecuted for what he or thev shall do or cause to be done, , , , 

r. ■ ,• .1 1- i- ■ !• .1 ■ A i -i L II 1 "l"y plead Uio 

by virtue of or in pursuance ot the directions oi tins Act, it shall ana may jreueral issue. 

be lawful to and for such commissioners and other person and persons, and 
every of them, to plead the general issue, and give this Act and the special 
matter in evidence ; and in case the person or persons so suing or prose- 
cuting, shall discontinue his suit, become non-suit, or a verdict siiall pass 
against him or them, every such person and persons shall forfeit and pay, 
to the defendant and defendants, his and their treble costs of suit ; to be 
taxed by the court in which such suit shall be commenced ; and for which 
the defendant shall have like remedy as is given by law to other defend- 
ants ; any law or usage to the contrary notwithstanding. 

PAUL JENYS, Speaker. 

In the Council Chamber, the 29th day of Maij, 1736. 

Assented to : THOMAS BROUGHTON. 



AN ACT FOR APPOINTING COMMISSIONERS TO LAY OUT A RoAI>, FROM No. 603. 

THE Road that leads from Wiltown to Charlestown, to the 
Road that leads from Smith's Ferry, otherwise called Park- 
er's Ferry, to Charlestown, and to keep the same in repair. 

WHEREAS, many of his Majesty's subjects are put to great inconve- 
niences for want of a road from the road that leads from Wiltown to 
Charlestown, to the road that leads from Smith's Ferry, otherwise called 
Parker's Ferry, to Charlestown. We therefore humbly pray your most 
sacred Majesty that it may be enacted, and 

L Be it enacted, by the Honorable Thomas Broughton, Esquire, Lieu- 
tenant-Governor, by and with the advice and consent of his Majesty's Hon- Road laid out 1 
orable Council, and the Commons House of Assembly of this Province, '^^°'" ''^^ ^'^° 
and by the authority of the same. That the commissioners hereinafter parker's Ferry 
named, shall, and they are hereby authorized, empowered, and required to, road. 
lay out, make, and keep in repair, a road from the road that leads from 
Wiltown to Charlestown, to the road that leads from Smith's Ferry, other- 
wise called Parker's Ferry, to Charlestown, in such place as the said com- 
missioners hereinafter named, or the major part of them, shall think most 
proper for that purpose. 

n. A?id he it further enacted hy the authority aforesaid, That all the male ^y-j^, ,j, ^^^.^ 
inhabitants from the age of sixteen to sixty, living and residing on the on it. 
west side of the said road to Pon Pon river, and all the male inhabitants 
of the said age of sixteen to sixty, within three miles of the said road to 
the eastward, shull, and they are hereby obliged to, make the said road and 
keep the same in repair. 

IIL A?id be it further enacted by the authority aforesaid, That no per- ^ , . 
sons who are now obliged to work on the road that leads from Smith's Per- sons exempted, 
ry, otherwise called Parker's Ferry, to Charlestown, shall be obliged to 
wo >[jon (f'.i^ road designated by this Act, except such who live and reside 



94 



STATUTES AT LARGE 



A. I). 1736. 



ComraissioniTS 
and their pow- 
ers 



Road from 
Combahee to 
Coosah- 
hatchee, &c. 



Acts relating to Roads, Bridges and Ferries. 

within three miles of Pon Pon river; any thing to the contrary in any 
wise notwithstanding ; and in case any of the persons obHged by this Act 
to work on the said road, and shall neglect or refuse to do the same, they 
shall be liable to the same fines and forfeitures as any persons by any Act 
of the General Assembly for making roads in this Province are. 

IV. And be it farther enacted by the authority aforesaid, That the com- 
missioners hereinafter named, or any two of them, shall have, use and ex- 
ercise, all the powers and authorities, for putting this Act in execution, 
whicli are given to any other commissioners of high roads, and be subject 
to the same penalties as are inflicted on any commissioners of the high- 
roads, by any Act of the General Assembly of this Province. 

V. And be it further enacted by the authority aforesaid. That Mr. 
John Bee, jun., Mr. Thomas Sacheverell, and William Livingston, Esq., 
shall be, and they are hereby nominated and appointed, commissioners for 
putting this Act in execution. 

VL And whereas, in an Act entitled "An Act for establishing a ferry 
from the plantation of Col. Samuel Prioleau, called Patterson's Point, on 
Port Royal Island, to the land of Thomas Inns, Esq., on the Indian land ; 
and also, a ferry on Combahee river, and appointing commissioners to lay 
out roads from thence to Purysburg and Port Royal ferry,'' the commis- 
sioners therein named were directed to lay out two roads, one from Comba- 
hee ferrv to the ferry over Coosah river, to Col. Prioleau's plantation ; and 
also, another road from Combahee ferry to the town of Purysburgh ; which 
last mentioned road has not yet been effected, being of too great an extent 
and undertaking for so few commissioners to direct and supervise ; which 
might be remedied, were the .said road divided into two districts, that is to 
say : from the ferry on Combahee river to that branch of Port Royal river 
called Coosah-hatchee, be, and is hereby declared to be, one district ; and 
that Col. John Palmer, Mr. Hugh Bryan, Robert Thorpe, Stephen Bull, 
Esq., and Mr. Jonathan Bryan, be, and they are hereby appointed, com- 
missioners of the said road leading to Coosah-hatchee, and also of the road 
leading from the ferry on Cambee river to the ferry on Coosaw river, be- 
tween Thomas Inn's and Col. Prioleau's plantation, on Port Royal Island, 
and other highways and private paths, already laid out, and to be laid out, 
within the said district ; and they, or any three of them, are hereby invest- 
ed with the same power and authority, within the said district, as the other 
commissioners of highways have within their several districts in this Pro- 



Road from 
Coosah- 
hatchee to 
Pur^'sburg. 



VII. kndhe it further enacted by the authority aforesaid, That the road 
leading from Coosah-hatchee, aforesaid, to the town of Pury.sburg, be, and 
it is hereby appointed to be, another district; and that Hector de Berenger 
de Beaufane, Esq., Capt. Lafaite, Mr. Thomas Owen, Mr. Holsendorf, and 
Mr. Purry, be, and they are hereby appointed to be, commissioners of the 
highways and private paths already laid out, or to be laid out, within the 
said district ; and that they, or any three of them, are hereby vested with 
the same power and authority, within their district, that the other commis- 
sioners of highways have within their several districts. 

In the Council Chamber, the 29th May, 1736. 



Assented to : 



PAUL JENYS, Speaker. 
THOS. BROUGHTOX. 




OF SOUTH CAROLINA. 

Acts relating to Roaih, Bridges and Ferries. 

AN ACT FOU SETTLING A FeRHY ON SaNTEE RiVER, AND FOR VEST- No. G13. 
ING THE SAME IN JoiIN CoLLETON, OF FaIR-LaWN BaRONY, EsQ. , 
AND iriS ASSIGNS, FOR THE TERM OF 7 YEARS. 

[Tlie original of this Act is lost. The following is eopiod from (iritnkc] 

WHEREAS, Ihc increase of the number of the inhabitants of this Pro- 
vince, and the enhirging and extending their settlements therein, makes it 
necessary to fix and establish ferries, at convenient places, more than at 
present are established ; towards accomplishing which necessary work, 

I. Be it enacted, That there shall be, from and immediately after the rati- 
fication of this Act, one ferry, for the public use, and benefit of all and 
singular the inhabitants and other persons passing and re-passing in this 
Province, fixed and established on Santee river, in Berkley county, at a 
place there formerly called Heyrne's Bluff, and now known by the name 
of Richmond. (All the rest of this Act obsolete.) 

CHARLES PINCKNNY, Speaker. 

THOS. BROUGHTON. 

December 16, 1736. 



AN ACT FOR ESTABLISHING A RoAD FROM THE HEAD OF THE PaTH No. 624, 
THAT LEADS FROM DoRCHESTER TO CaPT. IzARd's CoW-PEN, TO THE 

Township of Orangeburg. 

WHEREAS, several families are lately settled in the township of Or- 
angeburg, and upon the lands that lie between the said township and Capt. 
Walter Izard's Cowpen, and no road has been by law established for the 
convenience of such settlers. We therefore humbly pray your most sacred 
Majesty that it may be enacted, 

I. And be it enacted, by the Honorable Thomas Broughton, Esq., Lieu- 
tenant-Governor and Commander-in-chief in and over his Majesty's Pro- Road from 
vince ot South Carolina, by and with the advice and consent of his Ma- '-^^Z^' °*^'''^ 
jesty's Honorable Council and the Commons House of Assembly of this [.[jpster to Iz- 
Province, and by the authority of the same. That the commissioners here- ard's Cowpen, 
inafter named shall, and they are hereby authorized, empowered and re- '° ''"^^ ^'^' 
quired to, lay out, make and keep in repair, a road to lead from the head 

of the path that lead.s from Dorchester to Capt. Izard's Cow-pen, to the 
township of Orangeburg, in such place as the commissioners hereinafter 
named, or the major part of them, shall think most proper for that pur- 
pose. 

II. And be it further ejiactedhy the authority aforesaid, That all male 
inhabitants, from the age of sixteen to sixty, living and residing within two Who to work 
miles of each side of the said road, from the west side of the Cypress ''" ''• 
Swamp to the Four-Hole Swamp, and on the south side of the said road as 

far as Edisto river, and on the north side of the said road as far as the 



ers 



96 STATUTES AT LARGE 

A. D. 1737. Acts relating to Roads, Bridges and Ferries. 

Four-Hole Swamp, from the said Four-Hole Swamp to Orangeburg town- 
ship, and all male inhabitants of the age above mentioned, living and re- 
siding in the said township, shall, and they are hereby obliged to, make the 
said road, and keep the same in repair ; and in case any of the persons 
oblio-ed by this Act to work on the said road shall neglect or refuse to do 
the same, they shall be liable to the same fines and forfeitures as any per- 
sons by Act of the General Assembly for making roads in this Province 
are. 

ni. And he it further enacted by the authority aforesaid. That the 
Commission- commissioners hereinafter named, or any two of them, shall have, use and 
ers, and pow- exercise all the powers and authorities, for the putting this Act in execu- 
tion, which are given to any other commissioners of high-roads, and be 
subject to the same penalties as are inflicted on any commissioners of 
high-roads, by any Act of the General Assembly of this Province. 

IV. k7id be it further enacted by the authority aforesaid. That Mr. Abra- 
ham Dupont, Mr John Hyrne, Mr. James Coachman, Mr. Benjamin Izard, 
and Mr. Peter May, shall be, and they are hereby nominated and appoint- 
ed, commissioners for putting this Act in execution ; and it is hereby fur- 
t\iex provided, that the several persons who shall become liable, by virtue 
hereof, to assist in laying out, making and repairing the said road, shall be 
summoned to work upon such part of the said road as shall lie nearest and 
most convenient to their respective habitations or plantations. 

V. And he it further e/iacilt;^^ by the authority aforesaid, That in case 
the said commissioners, or any of them, or any other person or persons act- 
ing under their authority, shall be sued or prosecuted for any matter or thing 
by them to be done by virtue or in pursuance of the direction of this Act, 
it shall and may be lawful to and for the said commissioners and other per- 
sons so sued or prosecuted, to plead the general issue, and give this Act 
and the special matter in evidence ; any law, usage or custom to the con- 
trary notwithstanding. 

In the Council Chamher, the bth day of March, 1736 — 7. 

C. PINCKNEY, Speaker. 

Assented to: THOS. BROUGHTON. 



No. 625. AN ACT for building a Bridge over Ashepoo River. 

WHEREAS, the high-road leading from Charlestown to Port Royal is 
rendered very inconvenient and chargeable to travellers, by reason of the 
several ferries in the way, and particularly of that over Ashepoo river, 
where a bridge may very easily and conveniently be built ; we therefore 
humbly pray your most sacred Majesty that it may be enacted, 

I. And he it enacted, by the Honorable Thos. Broughton, Esquire, 
Lieutenant-Governor and Commander-in-chief in and over his Majesty's 
Province of South Carolina, by and with the advice and consent of his Ma- 
jesty's Honorable Council, and the Commons House of Assembly of this 



OF SOUTH CAROLINA. 97 

Acts relating to Roads, Bridges and Ferries. A. D. 1737. 

Province, and by the authority of the same, That the commissioners here- j. . . 
inafter named and appointed by this Act, shall cause to be built and erect- Aehepoo. 
ed a good and substantial bridge over Ashepoo river, at the place where the 
high-road leading Crom Charlcstown to Port Royal now crosses the same, 
that is to say : from that part of a bluff on the plantation of Mr. Edmund 
Bellinger, commonly called Oketys, where the said high-road is n((W laid 
out, to the land of Benjamin Godin, Esq., opposite thereto, on the said 
river. 

II. And be it further enacted by the autliority aforesaid, That the said 

bridge shall be built and erected at the cost, charges and expense of the^yj^^jg j^g 
inhabitants or owners of slaves in the parish of St. Bartholomew, in Colle- assessed, 
ton county, in the Province aforesaid ; and the commissioners hereinafter 
named are hereby authorized, impowered and required, to make an assess- 
ment on all and singular the male inhabitants, from the age of sixteen years 
to sixty, in the said parish, for and towards the defraying the charge and 
expense of building and erecting the said bridge, except those who are ex- 
cepted by an Act for re-building a bridge over Pon Pon river, that is to say : 
•all the inhabitants living above the old bridge at the head of Ashepoo ri- 
ver, and the west side of the creek between Wannells Neck and Bryan's 
Neck ; and the bridge at the head of Ashepoo river is hereby directed and 
required to be made and finished within two years next after the passing of 
this Act ; and in case the commissioners for building the said bridge shall 
refuse or neglect to build the said bridge within the said time, the said com- 
rnissioners shall forfeit, each of them, the sum of one hundred pounds, cur- 
rent money ; the one half thereof to be applied for building the said bridge, 
and the other half to him or them that will inform and sue for the same ; 
to be recovered in any court of record in this Province, by action of debt, 
bill, plaint or information; wherein no essoign, protection, privilege or wa- 
ger of law, shall be admitted or allowed. 

III. And be it further enacted by the authority aforesaid, That Mr. 

David Godin, Mr. William Webb, and Mr. Peter Girardeau, be, and they ^ . . 

, , ' . J ■ ■ r t^- ■ r 1 ^- XI • Commissioners 

are hereby appointed, commissioners for putting in force and executing this 

Act, and every matter and thing relating to the said bridge over Ashepoo 
river. 

fV. And be it further enacted by the authority aforesaid, That the said 
commissioners, or the major part of them, shall have, use and exercise, all Their powers, 
the same powers, authorities and privileges, in building and erecting the 
said bridge, and making the assessment for defraying the charge and ex- 
pense thereof, and keeping the same in repair after the same shall be 
built, as the several commissioners of high-roads, public paths or bridges, 
have in this Province, by virtue of any Act or Acts of the General Assem- 
bly. 

V. And he it further enacted by the authority afo'-esaid, That in case any 

of the said commissioners shall happen to die, depart this Province, or re- Vacancies, 
fuse to act, that then it shall and may be lawful for his Honor the lieuten- 
ant Governor, or the Governor for the time being, to nominate and appoint 
another commissioner or commissioners, in the room and place of him or 
them so dying, departing this Province, or refusing to act; which said 
commissioner or commissioners, so to be appointed, shall have the same 
power and authorities as if he or they had been originally named and ap- 
pointed by this Act. ' 

VI. And be it further enacted bv the authority aforesaid, That if any 

VOL. IX— 13. 



98 STATUTES AT LARGE 

A. D. 1737. ^cts relating to Roads, Bridges and Ferries. 

. action, suit or information, shall be commenced or prosecuted against any 
uiav be n'lead- Person or persons, for what he or they shall do in pursuance or execution 
ed." of this Act, such person or persons so sued may plead the general issue, 

and give this act and the special matter in evidence ; and if the plaintiff or 
prosecutor shall become non-suit, or suffer discontinuance, or if a verdict 
pass against him, the defendant or defendants shall recover his or their tre- 
ble costs, for which he or they shall have the like remedy as in any case 
where costs by law are given to other defendants. 

In the Council Chamber, the bth day of March, 1736 — 7. 

C. PLNXKXEY, Speaker. 
Assented to : THOS. BROUGHTOX. 



No. 626. -^^ ACT for makixg axd keepi2«g in repair the Road which 

LEADS FROM WeSTO SaVAN^VA TO THE PLANTATION OF CaPT. PeTER 

Taylor, in St. Paul's parish, comjionly called War-Hall, ant) 
for contininng the said road to the most c0n"^-en1ent road 

LEADING TO PoN PoN RiVER. 

WHEREAS, the road which leads from Westo Savanna, by the planta- 
tion of Mr. Andrew Slan, to the plantation of Capt. Peter Taylor, in St 
Preamoie. p^uKs parish, commonly called War-hall, has been laid out and partly 
cleared, but by reason that the same lies mostly on very flat land and seve- 
ral deep swamps, the few inhabitants who are obliged to make the said road 
have not been able to make the same passable, so as to get their crops to 
market in due time, but their strength has been employed in working upon 
other roads, entirely useless to them. And whereas, it will be an advan- 
tage to the inhabitants residing about the upper part of the said road, that 
it be continued in the most convenient manner to the next high-road lead- 
ing to Pon Pon river, by which there will be an useful communication be- 
tween the said river and Ashley river. We therefore pray your most sa- 
cred Majesty that it may be enacted, 

I. And be it therefore enacted, by the Honorable Thos. Broughton, Esq., 
Road from Lieutenant-Governor and Commander-in-chief in and over this his Majes- 
^arhall to ty"s Province of South Carolina, by and with the advice and consent of 
his Majesty's Honorable Council and the Commons House of Assembly of 
this Province; and by the authority of the same, That the said road shall 
be laid out and continued by the commissioners hereinafter named, in the 
most convenient manner, from the said road leading from Westo Savanna 
to the said plantation of Capt. Peter Taylor, to the next convenient high- 
road leading to Pon Pon river. 

H. And be it further enucted by the authority aforesaid. That the said 
By whom to road so laid out, and to be laid out, as aforesaid, shall be made and kept in 
be made. repair by the inhabitants who have plantations on the same, and shall use 



OF SOUTH CAROLINA. 9£f 

Acts relating to Roads, Bridges and Ferries. A. D. 1737. 

the same ; and the said inhabitants shall be under the direction and inspec- 
tion of the commissioners hereinafter named, in such manner as the inhab- 
itants of other districts are under their commissioners. 

III. knd, be it enacted, by the authority aforesaid, That the inhabitants 

who are hereby obliged to make and keep in repair the said road, in consi- Exemptioa. 
deration of the extraordinary labor requisite for them to complete the same, 
shall be exempted from working on all other paths, roads and ways, what- 
soever. 

IV. \nd he it enacted by the authority aforesaid, That Stephen Bull, 

Esq., Mr. Josiah Waring, and Mr. Andrew Liddal, be, and they are here- ^°'"'"'^^'°"^" 
by appointed, commissioners for the said road, and shall, and they, or any 
two of them, shall and may have, use and exercise, all the powers and au- 
thorities, relating to the said road, that to any other commissioners of the 
high-roads do belong, within their several districts in this Province. 

V. And he it further enacted by the authority aforesaid, That in case 

the said commissioners, or any of them, or any other person or persons act- General issue 
ing under their authority, shall be sued or prosecuted for any matter or thing niay be plead- 
by them done by virtue or in pursuance of the direction of this Act, it*^ " 
shall and may be lawful to and for the said commissioners and other per- 
sons so sued or prosecuted, to plead the general issue, and give this Act 
and the special matter in evidence ; any law, usage or custom to the con- 
trary notwithstanding. 

In the Council Chamber, the bth day of March, 1736 — 7. 

C. PINCKNEY, Speaker. 
Assented to: THOS. BROUGHTON. 



AN ACT TO IMPOWER THE COMMISSIONERS OF THE HiGH-RoADS FOR No. 627. 
THE PARISH OF St. JoHN's, IN BeRKLEY COUNTY, AND THE SEVERAL 

PARISHES OF St. Thomas and St. Dennis, to re-build and keep 
IN repair a Bridge commonly called Huger's Bridge, on the 
eastern branch of Cooper River, running between the said pa- 
rish OF St. John and the said parishes of St. Thomas and St. 
Dennis ; and for altering the bounds of the said parishes of 
St. Thomas and St. Dennis. 

WHEREAS, a bridge built over the eastern branch of Cooper river, 
commonly called Hug I's bridge, although it was not built by public au- preamble 
thority, hath been found to be of very great use to the public, and absolute- 
ly necessary for the inhabitants of each side of the said branch, and may 
tend very much to the security of this Province in case of alarms. And 
whereas, the said bridge is become so ruinous and decayed that the inhabi- 
tants of the said several parishes cannot pass over the same with safety : 



100 STATUTES AT LARGE 

A. D. 1737. Acts relating to Roads, Bridges and Ferries, 

we therefore humbly pray your most sacred Majesty that it may be enacted, 
„ , 1. And be it enacted^ by the Honorable Thos. Broughton, Esquire ^ 

Brid"L^ Lieutenant-Governor and Commander-in-chief in and over his Majes- 

ty's Province of South Carolina, by and with the advice and consent of 
his Majesty's Honorable Council, and the Commons House of Assembly of 
this Province, and by the authority of the same, That the aforesaid bridge 
commonly called Huger's bridge, shall be, and is hereby declared to 
be, a public bridge, for the use of all persons to pass and repass over the 
said branch ; and that the commissioners of the high-roads for the said pa- 
rish of St. John and the said parishes of St. Thomas and St Dennis, 
shall, and they are hereby authorized and required, as soon as convenient- 
ly may be, after the ratification of this Act, to re-build or put in good and 
suthcient repair the said bridge, as they shall see convenient or proper ; and 
the said commissioners shall have power, and they are hereby empowered, 
to agree with any workmen for the work and for materials for the said 
bridge ; and also, to cut down and make use of any timber or earth that 
lies convenient to be made use of about the said bridge. 

\\. And be it further enacted by the authority aforesaid, That the afore- 
Assessnient. said commissioners, or the major part of them, shall have power, and they 
are hereby empowered, to assess all the male inhabitants and male slaves, 
within the said parishes, Irom sixteen to sixty years of age, in order to 
raise a sufficient sum of money to repair or re-build and finish the said 
bridge ; and they are hereby declared to be invested with the same powers 
and authorities, for raising, assessing and levying so much money as will 
re-build or repair and finish the said bridge, as the commissioners of the 
highways have by virtue of an Act entitled "An Act for making, mending 
and altering the high-roads,'' &;c., ratified the fifteenth of September, in 
the year of our Lord one thousjand seven hundred and twenty-one. 

HI. And forasmuch as by reason of a mistake in ascertaining the bounda- 
ry line of the parishes of St. Thomas and St. Dennis, to the north by the 
Parish lines of eastern branch of Cooper river, to the plantation late of Sir Nathaniel 
andSt. Dennis. Johnson, exclusive, and thence by an east line from the northermost part 
of that plantation, to the bounds of Craven County, the said plantation, 
late of Sir Nathaniel Johnson, and several other plantations in the neigh- 
borhood thereof, are, or pretend to be, extra-parochial; Be it therefore en- 
acted hy the authority aforesaid, That the said parishes of St. Thomas and 
St. Dennis, for the future, be, and are hereby declared to be, bounded by 
the most northerly branch of the said eastern branch of Cooper river, to 
the bounds of Craven county ; any law, usage, custom or survey, to the 
contrary thereof in any wise notwithstanding. 

IV. And be it further enacted by the authority aforesaid, That in case 
General issue ^"^ action or suit shidl be brought, sued or prosecuted against the said 
may be plead- commissioners, or any other person or persons whatsoever, for any matter or 
^^' thing by them done, or to be done, by virtue or in pursuance of the directions 

of this Act, it shall and may be lawful loand for the said commissioners and 
other persons to plead the general issue, and give this Act and the special 
matter in evidence; and in case the plaintifi'or plaintiffs shall discontinue, 
become non-suit, or a verdict shall pass againt them, the court in which 
such action shall be sued or commenced, shall tax and allow to every such 
defendant his and their double costs of suit, and for which the said defen- 
dants shall have like remedy as by law is given to other defendants. 
In the Council Chamber,' the 5th day of March, 1736 — 7. 

C. PINCKNEY, SpeaJcer. 
Assented to: THOS. BROUGHTON. ' 



OF SOUTH CAROLINA. 101 

Acts relating to Roads, Bridges and Ferries. A. D. 1737. 

AN ACT FOR MAKING AND KEEPING IN KEPAIR THE RoAD WHICH LEADS No. G35. 
FROM THE HE4.D 6f WeSTO SaVANNA RoAD, ON THE EAST SIDE OF 

PoN PoN River, to Musgrove's Ferry, and from thence to Par- 
ker's Ferry Road, in St. Paul''s parish, and to appoint Com- 
missioners fou the same. 

WHEREAS, a road from the head of Westo Savanna road, on the east 
side of Pon Pen river, to Musgrove's ferry, and from thence to the road pre.,„,ijiu 
leading from Parker's ferry to Charlestown, woidd be of great use and ad- 
vantage to tlic inhabitants residing near the .said road, in getting their 
crops with greater ease and di.'spatch to a market, as also for |)ersons 
travelhng from the northward to the southward parts of this Province, if 
the said road was laid out and finished. We therefore pray your most 
sacred Majesty that it may be enacted, 

I. \nd be it enacted,, by the Honorable William Bull, Esq., President 
and Commander-in-chief in and over this his Majesty's Province of South ^9^*1 '•'"'^ 
Carolina, by and with the advice and consent of his Majesty's Honora- oi^ /oad to Par- 
ble Council and the Commons House of Assembly of this Province, and ker's ferry 
by the authority of the same. That the said road shall be laid out, con- """ 
tinned and kept in repair, by the commissioners hereinafter named, in 
the most convenient manner, from the road afoiesaid to Musgrove's fer- 
ry, and from thence to Parker's ferry road, and there to join to a road 
leading from thence to Wiltown. 

H. And he it further enacted by the authority aforesaid, That the road 
so to be laid out and kept in repair, shall be made and maintained by Who to work 
the inhabitants living near and making use of the same, who shall be"" "• 
found to be within the plantation of Moses Graves, deceased, and John 
Sumners, inclusive, to the plantations of John Simmons, deceased, Ro- 
bert Winn and Dr. White, exclusive, and from thence on a west line to 
Pon Pon river ; and the said inhabitants, within the aforesaid limits, 
shall be under the inspection and direction of the commissioners here- 
inafter named, and shall be subject and liable to the making and keep- 
ing in repair the same, in such and the same manner as the inhabi- 
tants of any other district are under to their respective commissioners. 

HI. knd he it further enacted by the authority aforesaid. That the Exempt from 
inhabitants who are hereby obliged to make and keep in repair the said ^'"""ki'is on 

, . . , . n \ ■ T II • ■ X • 11 Other roads. 

road, in consideration ot their extraordinary labor in maintamg and keep- 
ing the same in repair, shall be exempted from working on all other 
roads and public paths within this Province. Provided, ahvays, that 
nothing hereinbefore contained shall extend to exempt any person or 
persons who are now compellable by law to work on and keep in repair 
the road leading from Parker's ferry to Dandridge's, from working on 
the said road ; any thing hereinbefore contained to the contrary notwith- 
standing. 

IV. And he it further enacted by the arthorit} aforesaid. That Robert 
Quarterman, Benjamin Perry, and John Sumner, be, and they are hereby o^^'^sioners 
appointed, commissioners for the said road ; and they are hereby declared 

to be vested with the same power and authority, within their proper district, 
as any other commissioners of high-roads have within this Province, and 
subject to the same penalties and forfeitures. 

V. And he it further c?iacted by the authority aforesaid. That the said 



UNIVERSITY OF SOUTH CAROLINA 
SCHOOL OF LAV/ L'"-"Y 



102 STATUTES AT LARGE 

A. D. 1737. ^cfg relating to Roads, Bridges and Ferries. 



Their duty. 



commissioners, or the commisssoners of the said road for the time being, 
shall be, and they are hereby, obliged to make and finish the said road with- 
in four years next after the passing of this Act ; and in case the said com- 
missioners shall refuse or neglect to make and finish the same by the time 
aforesaid, they shall forfeit and pay the sum of one hundred pounds, cur- 
rent money ; one half to the poor of the parish, and the other half to him 
or them that will inform and sue for the same ; to be recovered by action of 
debt, bill, plaint or information, in any court of record in this Province. 
VI. And he it further enacted by the authority aforesaid. That in case 
wx '"'b'^^ T^T ^^^ ^^^^ commissioners, or any other person or persons acting under their 
€d. authority, shall be sued or prosecuted for any matter or thing by them 

done by virtue of or in pursuance of the direction of this Act, that then it 
shall and may be lawful to and for the commissioners, or any other i>erson 
or persons so sued or prosecuted, to plead the general issue, and give this 
Act and the special matter in evidence ; any law, usage or custom to the 
contrary notwithstanding. 

In the Council Chamher, the Wth day of March, 1737. 

C. PINCKNEY, Speaker. 

Assented to: WM. BULL. 



No. 64 L AN ACT for establishing a Ferhy at a point on the main land 

BELONGING TO Mr. HuGH BrYAN, OVER AGAINST CoCHRAN's PoINT, 

ON Port Royal Island ; and for vesting the same in the said 
Hugh Bryan and his heirs, for the term of seven years. 

WHEREAS, the said Hugh Bryan hath, by his petition to the General 
Preamble. Assembly, set forth the great advantage it would be to the inhabitants of 
this Province to have a ferry established at his point on the main land op- 
posite to Cochran''s Point on Port Royal Island ; and that he had been at 
considerable expense in providing a good terry boat and other necessaries 
for the convenience of travellers ; and to the intent that he may be en- 
couraged for so useful an undertaking, we humbly pray your most sacred 
Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, President 
Bryan's Ferry and Commander-in-chief in and over this his Mjijesty's Province of South 
estu laied. Carolina, by and with the advice and consent of his Majesty's Honorable 
Council, and the Commons House of Assembly of this Province, and by 
the authority of the same, That there shall be, from and immediately after 
the passing of this Act, a ferry fixed and established at Hugh Bryan's 
Point on the main land over against Cochran's Point on Port Royal Island, 
for the public use and benefit of all and every the inhabitants of this 
Province, and other persons passing and re-passing the said ferry ; all per- 
sons using the same, paying the several rates and prices hereinafter men- 
tioned, limited and appointed, that is to say : — for a footman passenger, two 



OF SOUTH CAI10L[NA. 103 

Acta relating to Roads, Bridges and Ferries. '^- '*• '"''" 



Toll. 



shillings and six pence ; for a single horse, two sliillings and six pence ; for 
a man and horse, five shillings; for neat cutlle, per head, ferried, two 
shillings and isix pence, or swam, twelve pence ; for calves, sheep or hogs, 
seven pence halfpenny per head ; for a two wheel chaise or cart, liorsc 
and passenger, ten shillings, current money of tliis Province ; all which 
rates and jMices shall he paid and received from all persons, at all times, 
(except in times of alarm and persons going to or coming from divine ser- 
vice, or to or from musters,) who shall pass and re-pass the said ferry free. 

II. And be it further eiaicted by the authority aforesaid. That the 
said ferry shall be, and is hereby, vested in the said Hugh Bryan, his heirs, yi*'^,!f''n" 
executors, administrators and assigns, for and during the term of seven years, ° 
and from thence to the end of the next session of the General Assembly ; 
he, the said Hugh Bryan, his heirs, executors, administrators and assigns, 
finding, providing, and keeping at the said ferry, during all the said term, 
a good and sufficient ferry boat, with two or more servants or negroes, fit 
and necessary for the transporting all passengers, their servants, horses, cat- 
tle, and effects, as aforesaid ; and also, one sufficient canoe ; and that it shall 
and may be lawful for the said Hugh Bryan, his heirs, executors, admin- 
istrators and assigns, during the said term, to ask, demand and receive, of 
and from all and every person and persons, passing and repassing at the 
said ferry, except as before excepted, the several and respective rates and 
prices hereinbefore mentioned, limited and appointed ; and in case of fail- 
ure of payment thereof, to recover the same by warrant, under the hand 
and seal of any one justice of the peace, according to the method pre- 
scribed in the Act for the trial of small and mean causes. 

IV. And he it further enacted by the authority aforesaid, That the .said 
Hugh Bryan, his heirs, executors, administrators and assigns, or other per- Penalty for 
son appointed by him or them to have the care and management of the neglect. 
said ferry, shall give constant and due attendance at the said ferry, as well 
by night as by day ; and if any person or persons shall be detained or de- 
layed at the said ferry, through the neglect of the said Hugh Bryan, his 
heirs, executors, administrators and assigns, or other person appointed by 
him or them to keep the said ferry, shall forfeit and pay to such person or 
persons so delayed, the sum of twenty shillings, current money, for the first 
hour, and forty shillings, like money, for every hour after ; to be recovered 
by warrant, from any one justice of the peace, on the oath of the party 
delayed, or any other witness whom he shall produce ; and the said justice 
of the peace shall issue his summon against the party complained of, and 
shall proceed in the same way and manner as is directed by the x\ct for 
trial of small and mean causes. 

CHAS. PINCKNEY,S;?eaZ;c?r. 

In the Council Chamber, the Wth day of March, 1737. 

Assented to: WILLIAM BULL. 




STATUTES AT LARGE 

Ads relating to Roads, Bridges and Ferries. 

No. 642. AN ACT for appointixg Commissioners to lay out a Road or 
Causway over Lynciie's Island, situate in Santee River; and 

FOR establishing THE FERRIES THEREIN 3IENTI0NED. 

WHEREAS, several of his Majesty's subjects are put to great delays, 
Preamble, difficulties aud inconveniences, in travelling to and from the parish of 
Prince George Winyaw, for want of a road or causway over Lynchers 
Island, situate in Santee river. We therefore pray his most sacred Ma- 
jesty that it may be enacted, and 

I. Be it e?iacted, by the Honorable William Bull, Esquire, President 
and Commander-in-chief in and over this Province, by and with the 

Lyuch's^Ishin'd ^*^^''^^ ^""^ consent of his Majesty's Honorable Council, and the Com- 
mons House of Assembly of this Province, and by the authority of the 
same, That the commissioners hereinafter named, or the major part of 
them, shall and may, and ihey are hereby authorized, empowered and 
required to, la}- out, make and keep in repair, a road or causway over 
Lynchers Island aforesaid, in such place, and over such part of the said 
island, as the said commissioners, or the major part of them, shall think 
most proper for that purpose, 

II. Knd be it further enacted by the authority aforesaid, That the laying 
- out, making, and keeping in repair the said road or causway aforesaid, in 
assessed. manner hereinbefore prescribed, shall be done and performed at the equal 

charge and expense of all the inhabitants living and residing, and owners 
of lands and slaves, within the said parish of Prince George Winyaw, and 
the lower district of the parish of Saint James Santee ; which said charges 
shall be raised by a tax or assessment on the lands and slaves of the afore- 
said inhabitants and owners of lands and slaves ; and the said commission- 
ers, or the major part of them, are hereby tulh' authorized and empowered 
to make and raise such tax and assessment on the lands and slaves of the 
inhabitants and owners of lands and slaves, within the bounds and limits 
before mentioned, in the same manner and proportion as the general tax is, 
or shall be from time to time, assessed by Act of the General Assembly ; 
and shall or may levy the several sums of money so to be imposed and 
assessed on the several persons and owners of lands and slaves within 
the bounds last above mentioned, in case of refusal of payment, by war- 
rant of distress, under the hands and seals of the said commissioners for the 
time being, or the major part of them, and sale of the offisnder's goods ; 
and in case the defaulter or defaulters 's goods cannot be found out, by 
sale of the defaulter's lands, or otherwise, in such manner as is directed 
by any Act of Assembly for the levying of the general tax upon non- 
residents ; i^rovided, nevertheless^ that Colonel John Gendron's lands which 
he is now seized of, and his servants and slaves, in consideration of his be- 
ing at a considerable expense in making a public road near seven miles in 
length, from the plantation late of Robert Johnson, Esquire, late Governor 
of this Province, deceased, to the upper district of Saint James Santee, 
shall not be obliged to work upon the said road or causway ; any thing to 
the contrary in this Act notwithstanding ; provided, ahcays, that the said 
Colonel John Gendron shall maintain and keep in repair, by himself, 
his servants and slaves, the said road herein last before mentioned ; and that 
the said road so by him to be maintained and kept in repair, shall be deem- 
ed, taken, and used as a public road, to all intents and purposes wliat- 
soever. 



OF SOUTH CAROLINA. 105 

Acts relating to Roads, Bridges and Ferries. A. U. 1737. 

ni. And be it fv.rlhtr enacted by the aullioiity aforesaid, That the said 

'i 11 1 .1 I 1 • J J \ a ■ \ 1 Dutv of Cotn- 

comniissiOMers shall, and they are hereby required to, make, tiHish and com- „iiss"i„nnrs. 

plete the said road or causway, conformable to this Act, or cause the same 
to be made, finished and completed, within the space of two years from the 
passing of this Act. under the penalty of one hundred pounds, current mo- 
ney, payable by each of the said commissioners, one moiety thereof to go 
to tlic informer, and the other for the repair of the said road ; which said 
penalties sliall be recoverable by action or information, in any court of re- 
cord in this Province ; wherein no essoign, imparlance or protection, shall 
be allowed or admitted ; any Act or law to the contrary notwithstanding. 

IV. And, be it further enacted by the authority aforesaid, That the com- 
missioners hereinafter named, or any three of them, shall have, use and 
exercise, all the powers and authorities for putting tliis Act in execution, 
which are given to any other comrriissioners of the high roads, and be 
subject to the same penalties as are inflicted on any commissioners of the 
high roads by any Act of Assembly of this Province. 

V. And be it further enacted by the authority aforesaid. That William 
Whiteside, Esquire, Major George Pawley, Mr. William Buchanan, Mr. Commissioners 
Jonah Collins, and Mr. Daniel Horry, shall be, and they are hereby nomi- 
nated and appointed, commissioners for putting this Act in execution. 

VI. And forasmuch as Isaac Mazyck, Esqune, is now proprietor of the 
lands lying on the south side of Santee river, through which the said 
high road is laid out, leading to the ferry hereby established to and from 
Spencer's landing, to and from Lynche"s Island, and Mr. William Buch- 
anan is the proprietor of the lands leading to Peacot's Bluff" on the north 
side of the said river, whose assistance to travellers in rendering an easy 
and expeditious passage over the several branches of the said river, lying 
contiguous to them, will likely be encouraged by enabling them to take a 
moderate and reasonable reward for the same — It is therefore hereby fur- 
ther enacted by the authority aforesaid, That it shall and may be lawful ^fazyck's and 
to and for the said Isaac Mazyck, his executors, administrators and assigns, fc^rle^"*^" ^ 
for and during the term of ten years next ensuing the passing of this Act, 

and from thence to the end of the then next session of the General Assem- 
bly, and he and they are hereby required, to keep one substantial canoe 
and ferry boat, with two or more able men in each, to manage and navigate 
the same, and therein to transport all passengers, their servants, horses, 
cattle, and effects, to and from the landing called Spencer's landing, to and 
from the landing opposite thereto, on the south side of Lynche's Island : 
and that it shall and may be lawful to and for the said William Buchanan, 
his executors, administrators and assigns, for and during the term of seven 
years, and he and they are hereby reqiiired, to keep one substantial canoe 
and ferry boat, with two able men in each, and therein to transport all 
passengers, their servants, horses, cattle, and effects, to and from the Blulf 
commonly called Peacot"s BlutT, to and from the landing on the north side 
of Lynche's Island aforesaid. 

VII. And be it farther enacted by the authority aforesaid. That the said 

Isaac Mazyck, his executors, administrators and assigns, and the said Toll, 
William Buchanan, his executors, administrators and assigns, for and du- 
ring their terms aforesaid, shall, severally and respectively, be entitled to 
have and receive, from all persons using their boats, canoes, and servants, 
in passing over the several branches of the said river as aforesaid, the seve- 
ral rates and prices hereinafter mentioned, that is to say: — for each foot 
VOL. IX— 14. 



106 ' STATUTES AT LARGE 

A.I). 1737. j{cts relating to Roads, Bridges and. Ferries. 

passenger, one shilling and six pence, current nnoney ; for each horse, one 
shilling and six pence; for neat cattle, ferried or swam, per head, for 
calves, sheep, or hogs, per head, one shilling ; for each bag, six pence; 
and for default of paying the several rates and prices aforementioned, the 
same shall and may be sued for, levied and recovered, as is provided by the 
Act for the trial of small and mean causes ; except in times of alarm, when 
the said Jerriages are hereby declared to be free ; and excepting also, such 
persons who shall be going to or from divine service or public musters, who 
shall also be entitled to be sent over the said river, ferry free. 

VIII. And be it further enacted by the authority aforesaid. That no 
person or persons whatever, who shall make use of the boat of the said 
Isaac Maz3ck, his executors, administrators or assigns, in passing to and 
from the said landing place called Spencer's Landing, or of the boat and 
servants of the said William Buchanan, his executors, administrators 
or assigns, in passing to or from the said bluff called Peacot's Bluff', at any 
time or times, for and during the terms aforesaid, shall be liable to pay for 
the said ferriage, to any other person or persons whatever, other than the 
said Isaac Mazyck, his executors administrators or assigns, or to the said 
William Buchanan, his executors, administrators or assigns; provid^ed , 
nevertheless, whereas, a ferry over Santee river, heretofore called Jermain's 
Jermain's Fer- ferry, near Lynche's Island aforesaid, was vested, by an Act of the Gen- 
'-^- ral Assembly, passed the twenty-second day of September, in the year of 

our Lord one thousand seven hundred and thirty three, in Joseph Spencer, 
his executors, administrators and assigns, for and during the term of seven 
years, to commence from the passing of the said law, and from thence to 
the end of the next session of the General Assembly, that it shall and 
may be lawful for the said Joseph Spencer, his executors, administrators 
and assigns, to transport any persons, horses, cattle, goods and effects, over 
the said river of Santee, in sucii manner, and at such rates and prices, as 
he might, may or could do, before the passing of this Act; and also, from 
Spencer's landing aforesaid, otherwise called Stuart's Bluff, to the south 
side of Lynche's Island, and from the south side of Lynche's Island to 
Spencer's Landing, in like manner, and at the same rates and prices, and 
under the same penalties and restrictions, as the aforementioned Isaac Ma- 
zyck is empowered and required to do by this Act, for and during the re- 
mainder of the term hereinbefore mentioned to be vested in him the said 
Joseph Spencer ; any thing herein contained to the contrary notwithstand- 
ing. 

IX. And be it further enacted by the authority aforesaid. That the 
said Isaac Mazyck, his executors, administrators or assigns, and other per- 
Duty of Ma- SOU and persons appointed by him or them to have the care and manage- 
zyck's ferry- ment of the said ferry on Santee river, from Spencer's Landinir to the south 
ty for neglect. ^"^'^ ^' L,yncne s Island, shall give constant and due attendance at the said 
ferry, as well by nigiit as by day ; and if any person or persons shall be de- 
tained or delayed at the said ferry through neglect, the said Isaac Mazyck, 
his executors, administrators or assigns, and other person and persons ap- 
pointed by him or them to keep the said ferry, shall forfeit and pay to such 
person and persons so delayed, the sum of twenty shillings for the first hour, 
and forty shillings for every other hour after ; to be recovered by warrant, 
from any one justice of the peace, on the oath of the party delayed, or 
any other witness whom he shall produce ; and the said justice of the 
peace shall issue his summons against the party complained of, and shall 



OF SOUTH CAROLINA. 107 

Acts relating to Roads, Bridges and Ferries. A. I). 1737. 

proceed in the same way and manner as is directed by the aforesaid law 
for the trial of small and mean causes. 

X. And be it further enacted by the authority aforesaid, That the 

said William Huchanan, his executors, administrators or assigns, and other ^jj3y(.jjjjjj^^,g_ 
person and persons appointed by him or them to have the care and manage- 
ment of the said ferry on Santee river, from Peacot's Bliift'tothe north side 
of Lynche's Island, shall give constant and due attendance at the said 
ferry, as well by night as by day; and if any person or persons shall be 
detained or delayed at the said ferry through neglect, the said William 
Buchanan, his executors, administrators and assigns, or other person and 
persons appointed by him or them to keep the said ferry, shall forfeit and 
pay to such person or persons so delayed, the sum of twenty shillings, for 
the tirst hour, and forty shillings, for every other hour after ; to be recover- 
ed in manner as aforesaid. 

XI. And tchereas, doubts and disputes may hereafter arise concerning 

the boundaries of the said two parishes of Prince George and Saint James noumlaty be- 
Santee. It is further declared and enacted by the authority aforesaid, That tvv»'pn Prince 
Lynche's Island aforesaid, and all the islands situate in Santee river, f'"om yj'°^g|'' y^^gp] 
the fork opposite to Elias Horry's plantation, downwards to the sea, are 
within and shall be taken and reputed as parts of the parish of Prince 
George Winyaw, to all intents and purposes whatsoever. Provided always, 
that nothing in this Act hereinbefore contained shall be extended to hinder 
Colonel Thomas Lynche, his heirs, executors, administrators or assigns, or 
any other person or persons who now are, or hereafter may be, proprietors 
of the said island, or any part thereof, from transporting or carrying him 
or themselves, or his or their servants, slaves, goods or effects, in his and 
their own boats, from the said island to their other lands or plantations on 
either side of the said river ; any thing hereinbefore contained to the con- 
trary in any wise notwithstanding. 

XII. And whereas, Lynche's Island aforesaid is liable to be overflowed 

upon the great freshes which frequently come down Santee river, so that D„ty of ferry- 
any road or causway which can possibly be raised in pursuance of this law, mt-n in cases 
cannot, at such times, be got over, without manifest danger to the passen- "' ''esnets. 
gers, and considerable damage to the said road and causey. Be it further 
enacted by the authority aforesaid. That in case of such floods or inunda- 
tions, the proprietors of the ferries hereinbefore established, respectively, 
shall, and they are hereby ordered and required to, carry all passengers, 
horses, cattle, goods and effects, entirely over the said river of Santee, to 
wit : — the proprietor or proprietors of the ferry hereby established at 
Spencer's Landing, from the said bluft to Peacot's Bluff; and the proprie- 
tor or proprietors of the ferry established at Peacot's Bluff, from the said 
bluff to Spencer's Landing, at the following rates and prices, to wit: — for a 
footman or passenger on foot, six shillings, current money; for a single 
horse, six shillings ; for a man and horse, ten shillings ; for neat cattle, per 
head, ferried or swam, five shillings; for calves, sheep or hogs, per head, 
five shillings; for bags, two shillings each; and shall, upon such occa- 
sions, give due and constant attendance, and shall not detain or delay any 
person or persons at their respective ferries, through neglect or refusal, un- 
der the like penalties, forfeitable and payable to the parties so delayed and 
detained, as are hereinbefore provided in case of neglect or delay at the 
ferries hereby established from Peacot's and Spencer's Landing aforesaid, to 
Lynche's Island ; and shall be recovered in the manner hereinbefore direct- 
ed for that purpose ; and that no passengers, horses, carriages or cattle. 



108 STATUTES AT LARGE 

A. D. 1737. ^cts relating to Roads, Bridges and Ferries. 

shall be, at such times, carried over and landed from either of the said fer- 
ries, to and upon Lynche''s Island aforesaid, under the penalty of five 
pounds, current money, for every passenger, horse, citrriage, ox or cow, so 
carried over or landed ; forfeitable and payable by the proprietors of the 
said ferries, respectively, to the commissioners of the said road hereinbe- 
fore mentioned ; to be applied towards maintaining and kee]>ing the said 
causway in repair ; and to be recovered and levied in like manner as is 
hereinbefore directed for recovering and levying of the penalties and for- 
feilures hereinbefore imposed. And for the more easy passage and naviga- 
tion of boats and canoes over the said island, the commissioners hereinbe- 
fore iiamed, or the major part of them, shall, and they are hereby required 
and empowered to, cut and sink a channel on one side of the road or caus- 
way to be made over Lynche's Island, at the equal charge and expense of 
the persons made liable by this Act to contribute towards the raising and 
finishing the said causway ; and to be recovered and levied in the like 
manner. 

XIII. And he it further enacted by the authority aforesaid, That if the 
said commissioners, or any of thpm, or any other person or persons, acting 
maWjenlea'd- by or under their authority, shall be sued or prosecuted, for any matter ^ 
ed." cause or thing, by them done or to be done, by virtue or in pursuance of 

the direction of this Act, it shall and may be lavi^ful to and for every such 
cummissioner or commissioners, and other person and persons so sued or 
prosecuted, to plead the general issue and give this Act and the special mat- 
ter in evidence ; and in case the plaintiff or plaintiffs in such action or suit, 
shall discontinue, become non-suit, or a verdict shall pass against him or 
them, there shall be taxed and allowed to every such defendant and defend- 
ants, his and their double costs of suit, for which every such defendant 
shall have like remedy as in other cases where by law costs are given to 
the defendants. 

C. PINCKNEY, Speaker. 

hi the Council Chamber^ the lltk day of March, 1737. 

Assented to: WILLIAM BULL. 



General 



No. 654. AN ACT for vesting the Ferry already established on the south 
SIDE OF Santee River, on the land of thr Honorable James 
KiNLocH, Esquire, in the said James Kinloch, his Executors, 
Administrators and Assigns, for the term of seven years ; and 

, FOR establishing ANOTHER FeRRY ON THE NORTH SIDE OF THE SAME 
RIVER, OPPOSITE TO THE ABOVE FERRY, AND FOR VESTING THE SAME 

IN Abraham Micheau, his Executors, Administrators and As- 
signs, FOR the term OF SEVEN YEARS. 

WHEREAS, there hath been a ferry established on the south side of 
Santee river, on the land of the Honorable James Kinloch, Esquire, which. 



OF SOUTH CAROLINA. 109 

Acts relating to Roads, Bridges and Ferries. ^- '^- ^'''^■ 

by his consent and approbation, was vested in Mr. Jonathan Skeinc for a 
term of years, which will expire at the end of the next session of the 
General Asscmi)ly, next after the twentieth day of August last ; and where- 
as, tiie said ferry hath, by experience, been found very convenient for all 
travellers in that part of the country ; and as the high road leading to the 
same goes through great part of tiie lands of (he said James Kinloeh, the 
said ferry ought to be vested in him. We therefore pray your most sacred 
Majesty that it may be enacted, and 

I. iJet/!cwaf<e^, by the Honorable William Bull, Escpiire, President and 
Commander-in-chief in and over his Majesty's Province of South Carolina, Skcine's ferry 
by and with the advice and consent of his Majesty's Honorable Council, ^J^^,'';'^ '" ^"^ 
and the Commons House of Assembly of this Province, and by the autho- 
rity of the same. That immediately from and after the expiration of the 

said session of the General Assembly, the said ferry already established on 
the south side of Santee river, on the land of the said James Kinloeh, 
Esquire, and heretofore vested in Jonathan Skeine, shall he, and is hereby, 
vested in the said James Kinloeh, his executors, admfnistrators and assign.s, 
for and during the term of seven years, and from thence to the end of the 
next session of the General Assembly, and no longer ; he or they, during 
all the said term, tinding, providing and keeping, a good and sufficient 
ferry boat and canoe, with two or more servants or negroes, fit and necessa- 
ry for the transporting all passengers, their servants, horses, cattle and 
etfects. 

II. And be it further enacted, hy i\\G authority aforesaid, That all and 

every person and persons whosoever, using the said ferry, shall pay the -p^ii, 
several rates and prices hereinafter mentioned, that is to say : — for a man 
and horse, if landed in the swamp, two shillings and six pence ; if to the 
trumpet landing, five shillings ; and if up the lake, ten shillings; and half 
as much of the above rates, for a foot passenger; for neat cattle, per head, 
if swam, one shilling, current money of this Province ; all which rates and 
prices shall be paid and received from all persons and at all times, except 
in times of alarm, and persons going to or coming from divine service or 
musters, who shall pass and re-pass the said ferry free. 

HI. And be it further enacted by the authority aforesaid. That it shall 
and may be lawful for the said James Kinloeh, Esquire, his executors, ad- 
ministrators and assigns, during the said term, to ask, demand and receive, 
of and from all and every person and persons passing and re-passing at the 
said ferry, except as before excepted, the several and respective rates and 
prices hereinbefore mentioned, limited and appointed ; and in case of fail- 
ure of payment thereof, to recover the same by warrant, under the hand 
and seal of any one justice of the peace, according to the method pre- 
scribed by the Act for the trial of small and mean causes. 

IV. And be it further enacted by the authoritj' aforesaid. That the said 
James Kinloeh, his executors, administrators and assigns, or other persons 
appointed by him or them to have the care and management of the said ''^"gj?' 
ferry, shall give constant and due attendance, as well by night as by day ; 
and if any person or persons shall he detained or delayed at the said ferry 
through neglect, the said James Kinloeh, his executors, administrators or 
assigns, or other person appointed by him or them, shall forfeit and pay to 
such person or persons so delayed, the sum of twenty shillings, current mo- 
ney, for the first hour, and the sum of forty shillings, like money, for every 
hour after ; to be recovered by warrant, from any one justice of the peace. 



no STATUTES AT LARGE 

A. I). 1739. ^cig relating to Roads, Bridges and Ferries. 

on the oath of the party dela^^ed, or any other witness whom he shall pro- 
duce ; and the said justice of the peace shall issue his summons against the 
party complained of, and shall proceed in the same way and manner as is 
directed by the Act for the trial of small and mean causes. 

V. And whereas, Abraham Micheau hath been at great expense and 
Michfiaii'sfer- trouble, in making a road leading to the landing on the north side of Santee 
ry established, river, opposite to the abov^e ferry; and to the intent that he may be en- 
couraged for the same. Be it enacted by the authority aforesaid, That 
there be another ferry, from and immediately after the first day of 
September next ensuing the passing of this Act, fixed and established on 
the north side of Santee river, opposite to the above ferry ; which shall be, 
and is hereby, vested in the said Abraham Micheau, his executors, admin- 
istrators and assigns, for and during the term of seven years, and from 
thence to the end of the next session of the General Assembly, and no 
longer ; he, the said Abraham Micheau, paying yearly and every year, to 
the said James Kinloch, the sum of twenty shillings, current money. 

VI. And be it further enacted by the authority aforesaid. That the said 
Abraham Micheau, his executors, administrators and assigns, or other per- 

Conditions. son appointed by him or them, shall have, receive and take, from ail per- 
sons passing and re-passing the said ferry, the same rates and prices, in 
every respect, as are above set forth ; and shall have the same power of 
recovery, and be liable to the same penalties and forfeitures ; to be reco- 
vered in the same manner as are above mentioned for the said James Kin- 
loch, Esquire ; provided, nevertheless , that the right of the said ferry here- 
by vested in the said Abraham Micheau, as aforesaid, shall no ways bar 
any right which his Majesty now has, or may hereafter have, to the land 
whereon the said ferry is established, but that the right of the said ferry 
shall iollow and be in the possessors of the said land, under the regulations 
aforesaid. 

C. PINCKNEY, Speakei: 

In the Council Chamber, the 3d day of April, 1739. 

Assented to : WILLIAM BULL. 



No. 655. A.N ACT for establishing a Ferry over Savannah River, at the 
Garrison of Fort Moore, in New Windsor; and for vesting the 
same in Capt. Daniel Pepper, for the term of three years. 

WHEREAS, the inhabitants of the township of New Windsor, by their 
humble petition, have represented to the General Assembly that the establish- 
ing a ferry over the Savannah river, at Fort Moore, will be of great use and 
advantage to the said inhabitants, and all other persons travelling through 
those parts. We therefore most humbly pray his sacred Majesty that it 
may be enacted, 

I, And be it enacted, by the Honorable William Bull, Esq., Lieutenant- 
Governor and Commander-in-chief of the Province of South Carolina, by 



OF SOUTH CAROLINA. Ill 

Acfs relating to Roads, Bridges and Ferries. A. I) 1730. 

and will) the advice and consent of his Maiesty\s Honorable Council, and 
the Assembly oi" the said Province, and by the authority of tiie same, That ;\]'i,'f!^^,, 'vested 
a ferry for passengers, horses and cattle, shall from henceibrth be settled in D. Pepper, 
and established IVoni the usual landing-place, near the garrison at Fort 
Moore, in New Windsor, to the place commonly called Sand Bar, in Geor- 
gia, lying opposite to the said garrison ; and that the right, title, interest, 
profit and advantage of the said ferry, shall be, and the same is hereby, 
vested and settled in (^apt. Daniel Pepper ; and the said Daniel Pepper is 
hereby authorized and empowered to lake and receive to his own use, and 
to have and enjoy all and singular the profits, perquisites and advantages 
whatsoever, to the said ferry belonging, or in any wise appertaining, or 
by any means arising or accruing, or which shall arise or accrue by or from 
the same. 

II. And he it further enacted by the authority aforesaid. That the 

said Daniel Pepper shall, and he is hereby required, at his own proper cost t'onditions, 
and charge, constantly to provide and keep in good repair a sufficient ferry 
boat or ferry boats for carrying and transporting over the said river passen- 
gers, horses, cattle and goods; and also, two able men, (one of whom shall 
always be a white man,) who shall constantly attend the said ferry at all 
times of the day and night throughout the year, to transport and carry over 
all passengers, horses, cattle and goods, when and so often as they shall be 
required. 

III. And he it further enacted by the authoritj^ aforesaid. That it shall 

and may be lawful for the said Daniel Pepper to demand, have, take and Toll, 
receive, to his own proper use, by way of toll, the several rates following, 
that is to say : for a foot passenger, one shilling and six pence ; for every 
horse, one shilling; for neat cattle, by the head, for each, one shilling ; for 
transporting goods, every hundred weight, one shilling ; for hogs or sheep, 
by the head, each six pence; for which several rates and sums the said 
Daniel Pepper, after demand and refusal of the same, may detain in his 
custody the goods of any person so refusing to pay the same, until satisfac- 
tion shall be made for the said rates and sums becoming due, as aforesaid, 
and on such detainer to apply to any of his Majesty's justices of the peace, 
who are hereby authorized and empowered, on such application, to issue a 
warrant of distress against the goods and chattels of such person, and to 
cause the said rates and sums to be levied by sale of the said goods, re- 
turning the overplus, if any. to the owner. 

IV. And he it further enacted by the authority aforesaid. That in case 
any passenger or other person who has occasion to pass over the said river 

at the places hereinbefore mentioned, shall meet with unreasonable delays, Penalty for 
or be retarded for want of the said ferry boat or ferry boats, or the persons ° 
who are hereby appointed and required to attend them, the said Daniel 
Pepper shall forfeit and pay for every such delay, to the party grieved, the 
sum of forty shillings, for every hour any such person shall be so delated ; 
which sum or sums shall and may be recovered, on oath made of such delay, 
by a warrant from any one justice of the peace, who, on complaint to him 
made, shall hear and determine the same according to the directions of the 
Act for the trial of small and mean causes. 

V. lind he it further enacted by the authority aforesaid. That in 

case the said Daniel Pepper shall happen to die or remove from Savan- acancy. 
na Town, before the expiration of the said there years, then the Governor 
or Lieutenant-Governor, or President or Commander-in-chief of this Pro- 
vince for the time being, shall, and he is hereby empowered to, nominate 



112 



STATUTES AT LARGE 



A.I). 1739. J^cts relating to Roads, Bridges and Ferries. 

and appoint a fit and proper person to have the care and management of the 
said ferry for the remainder of the said term ; and the person so to be no- 
minated and appointed, shall have all the advantages, perquisites and 
|)rofits, and sliail be liable to the same penalties and forfeitures, as the said 
Daniel Pepper is. 

C. PINCKNEY, Sj^eaker. 

In the Council Chamber, the Wilt day of April, 1739. 

kssented to: WILLIAM BULL. 



No. 662. AN ACT for establishing a Ferry over the River Savanna, 

NEAR THE PaLLACHUCKELLAS, ON THE LaND OF THE HoNORABLE 

General James Oglethorpe, and for vesting the same in the 
said General James Oglethorpe, his Heirs and Assigns, for the 
space of fourteen years. 



Preamble. 



Ferry esta- 
blished over 
Savanna, and 
vested in Jas. 
Oglethorpe. 



WHEREAS, a memorial hath lately been exhibited to the General As- 
sembly of this Province, by Andrew Rutledge, Esquire, on the behalf of 
the Honorable General James Oglethorpe, setting forth that the said Gene- 
ral James Oglethorpe is seized in fee of a certain Baronny of twelve 
thousand acres of land in this Province, lying adjacent to the River Savan- 
na ; and that there is a convenient landing place from the said river on the 
said baronny, near the Pallachuckellas, where the said General James 
Oglethorpe is desirous to have a ferry established, and vested in him, his 
heirs and assigns, for a certain term of years, for the better conveniency of 
advices and intelligence between this Province and the Colony of Georgia, 
and for transporting of men, horses, goods and cattle, over the said river 
Savanna. For the encouragement, therefore, of so useful an undertaking, 
and that it may be the better effected, we pray his most sacred Majesty that 
it may be enacted, 

L '\.%d he tt accordingly enacted., by the Honorable William Bull, 
Esquire, his Majesty's Lieutenant-Governor and Commander-in-chief, in 
and over this his Majesty's Province of South Carolina, by and with the 
advice and consent of his Majesty's Honorable Council, and the Commons 
House of Assembly of this Province, and by tlie authority of the same, 
That at the expiration of six months from and after the passing of this 
Act, there shall be a ferry fixed and established near the Pallachuckellas, 
on the baronny of land belonging to the Honorable General James Ogle- 
thorpe, for the public use and convenience of all persons passing and re- 
passing the said ferry over the said river Savanna, between this Province 
and the Colony of Georgia ; and that the said ferry shall be, and the same 
is hereby, vested in the said General James Oglethorpe, his heirs and 
assigns, for and during the term of fourteen years, to commence immedi- 
ately from and after the expiration of the said six months from and after 
the passing of this Act, and lo the end of the then nc.vt session of the 
General Assembly. 



OF SOUTH CAROLINA. 113 

Acts relating to Roads ^ Bridges and Ferries. A. D. 1739. 

. II. And be it further enacted by the authority aforesaid, That it shall 
and may be lawful to and for the person or persons appointed to keep the ^°" '''°"^' 
^aid ferry, by the said General James Oglethorpe, his heirs or assigns, upon 
his or their providing and keeping at the said ferry one good and sulistan. 
tial ferry boat, with two or more white men, fit and sufficient for the trans- 
porting of passengers, horses, goods and cattle, to ask, demand, sue for, 
levy and rcccivi;, of and from all and every person and persons passing at 
the said ferry, the several rates, tolls and prices, hereinafter mentioned, 
limited and appointed, to be paid in proclamation money, or the value in 
the currency of this Province, viz : — for a foot passenger, six pence ; for a 
horse and man, one shilling; for neat cattle, per head, ferried or swam, 
three pence ; for calves, sheep or hogs, per headj one penny ; for each bale 
of goods or full barrel, three pence ; for a two wheeled chair, chaise or 
cart, two shillings; for each keg, one penny; all which rates, tolls and 
prices, shall be paid by and received from all persons at all times using the 
said ferry, except in times of alarm, when the ferriage shall be free at the 
said ferry to all persons under arms, together with their horses and baggage, 
and to any person or persons with their horses and equipage, sent at any 
time whatever, upon expresses of the Government of this Province, or of 
Georgia. 

III. And he it further enacted by the authority aforesaid, That upon any 
person''s refusing or failing to pay the several rates, tolls, and prices of fer- 
riage aforementioned, upon passing or repassing at the said ferry, that then, 
it shall and may he lawful to and for the person keeping the said ferry, by 
virtue of the appointment or direction of the said General James Ogle- 
thorpe, his heirs or assigns, for and during the term aforesaid, so recover 
the said rates of ferriage aforesaid, by warrant, under the hand and seal of 
any one justice of the peace of this Province, according to the method 
prescribed by the Act for the trial of small and mean causes. 

IV. k.7id be it further enacted by the authority aforesaid, That the -. 
person or persons whom the said General James Oglethorpe, his heirs or as- Penalty for 
signs, shall appoint to keep the said ferry, shall, upon his or their undertak- "^^ ^'^ ' 
ing the same, give constant and due attendance at the said ferry, as well 

by liight as by day ; and in case any person coming to the said ferry, at 
any time or times during the term aforesaid, in order to pass from thence 
over the said river Savanna, shall be unreasonably there detained or delay- 
ed, through the neglect of the keeper of the said ferry, that in every such 
case, the person keeping the said ferry, as tenant or servant to the said 
General James Oglethorpe, his heirs or assigns, shall forfeit atid pay to eve- 
ry person so delayed and detained, the sum of five shillings, proclamation 
money, or the value thereof in the current money of this Province, for the 
first hour, and the sum of two shillings and six pence, proclamation money, 
or the value thereof as aforesaid, for every hour after ; to be recovered as 
is directed by the Act for the trial of small and mean causes ; provided, 
the said neglect be complained of, and the said forfeiture sued for, within 
the space of thirty days after the said delay shall happen, and not after-^ 
wards. 

C. PINCKNEY, Speaker. 
In the Council Chamber, the ISil/i day of December, 1739. 

Assented to: WILLIAM BULL! 

VOL. IX— 15. 



114 STATUTES AT LARGE 

A. I). J 741. Ji(;ig relating to Roads, Bridges and Ferries. 

No. 678. AN ACT for vesting the Ferry over Ashley River, in Elizabeth 
Bellinger, widow, her Executors, Administrators and Assigns, 

FOR A term of years THEREIN MENTIONED. 

WHEREAS, Edmund Bellinger, Esquire, lately deceased, late husband 
Pjeamble. ^^^ testator of Elizabeth Bellinger, for several years past was at great ex- 
pense and charge in maintaining and keeping the causway leading to Ash- 
ley river ferry, at Butlerstown, alias Shemtown, in repair; and whereaSfi\\& 
land of the said Elizabeth Bellinger, 'ying on the north side of the said 
river, through which the road to the said causway and ferry leads, lies most 
commodious and convenient for supplying timber and other materials for 
maintaining and keeping in repair the landings and causways of the said 
ferry. And the said Elizabeth Bellinger having, by her petition to the 
General Assembly, humbly prayed that the said ferry might be vested irt 
her for a certain number of years, upon condition of her maintaining the 
said ferry and keeping the said causway in' repair- — for effecting whereof^ 
we humbly pray his most sacred Majestv thaf it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant- 
Ferry vested i» Governor and Commander-in-chief in and over his Majesty ''s Province of 
Mrs. E.Bellin- South Carolina, by and with the advice and consent of his Majesty's Hon- 
^ * orable Council, and the Commons House of Assembly of this Province, and 

by the authority of the same. That the ferry over Ashley river, con>monly 
called Ashby ferry, be, and from and immediately after the expiration of' 
the present session of the General Assembly, shall be, vested in the said 
Elizabeth Bellinger, her executors, administrators and assigns, from the 
day of the determination of the present session of the General Assembly ,. 
for and during and unto the full end and term of seven years from thence 
next ensuing, and fully to be complete and ended, and from thence to the 
end of {he then next session of the General Assembly ; and that it shall 
and may be lawful to and for the said Elizabeth Bellinger, her executors, 
administrators and assigns, during all that time, to demand, have, receive 
and take, to her and their own proper use, benefit and behoof, of and from 
all and all manner of person and persons passing and re-passing the said 
_, ,. ferry, the several rates and sums following, that is to say : — for every single 

person ferried over at the said ferry, seven pence half penny; for a man 
and horse, fifteen pence; for a chaise and horse, or cart and horse, five 
shillings ; for a coach or charriot and pair, seven shillings and six pence ; 
for a coach or charriot and four, ten shillings; for every head of neat 
cattle, ferried or swam, fifteen pence ; for every head of hogs, sheep or 
calves, ferried or swam, six pence, in the current and lawful money of this 
Province. 
^ H. And he it fvrtJier e«ac/e<^ by the authority aforesaid, That the said 

Elizabeth Bellinger, her executors, administrators or assigns, shall be, and 
Conditions. ^^^^ ^^^ hereby ordered and required, to keep the causway twelve feet 
wide, and the stands upon the same leading through the marsh to the said 
ferry, in good, sufficient and constant repair, at her and their own costs 
and charge ; and shall also, during all the time aforesaid, find, provide and 
keep, a good, large, sound, tight and sufficient ferry boat or boats, with a 
stage or entering boird for the conveniency of horses passing in and out, 
for transporting men, horses, cattle, coaches and charriots over the said 
ferry ; and shall also, find and provide two able and sufficient persons to 
row in the boat with one white man, who shall constantly attend the said 



OF SOUTH CAROLINA. 115 

Acts relating to Roads, Bridges and Femes. A. 0.1741. 

ferry, as well by night as by day, to ferry over all passengers, their ser- 
vants, slaves, horses and carriages, when and as often as there shall be 
occasion. 

III. Xnd he it further enacted by the authority aforesaid. That if any 

person or persons coming to the said ferry to cross over the same, shall p^^^ify f^,^ 

meet with unreasonable delays, or be retarded in their passage over the nnglect. 

said ferry, she, the said Elizabeth IJellinger, her executors, administrators 

and assigns, shall forfeit and pay for every such offence, lo the person and 

persons so delayed, for the first hour, to such person or persons as shall be 

delayed as aforesaid, the sum of forty shillings ; and for every hour after, 

the sum of twenty shillings, current money ; to be recovered before any 

one of his Majesty's justices of the peace for Berkley county, in the same 

•yvay and manner as is directed for recovery of debts by the Act for the 

trial of small and mean causes; provided, that such person and persons so 

delayed, shall make his, her or their complaints, and prosecute the same to 

effect, within ten days after such delay shall happen, and at no time after ; 

and for the conveniency and shelter of persons coming down the said cau.s- 

way to the said ferry, from the inclemency of the weather, the said Eliza- 

beth Bellinger, her executors, administrators and assigns, shall be obliged 

to build and keep in repair, during all the said term, a shed, sufficient to 

shelter travellers from rain and the sun, twenty feet long and ten feet wide, 

at the lower stand on the river side. 

IV. And he it further enacted by the authority aforesaid, That the 
Governor of this Province for the time being, all ministers of the gospel, 

and all persons going to or from places of divine worship, and all pt^sons ^j^^'^gj."*''^^!^*^' 
going to or from muster of the militia, and all persons in times of alarms, 
and all expresses or messengers sent in the service of the Government, be, 
and they are hereby, exempted from paying any ferriage at the said ferry 
for passing and repassing the same, by themselves, their servants and hor- 
ses ; any thing hereinbefore contained to the contrary thereof ia any wise 
notwithstanding. 

V. kndht It fKrthcr enacted by the aiUhority aforesaid. That the said 
Elizabeth Bellinger, her executors, administrators and assigns, shall be, and 

they are hereby, obliged to put the said causway and the stands there- ^^..^j^ ,;„. „j,j, 

on, sufficient for two coaches to pass by one another, that is lo say: — one i» -it uKuttiis. 

stand in the middle of the said causway, and one other at the lower end 

thereof, into good and sufficient repair ; and also, to provide the said ferry 

boat or boats in good and sufficient order, within six months Jiext after the 

same ferry shall come into the hands and possession of the said Elizabeth 

Bellenger, by virtue of this Act, under the penalty of forfeiting the sum of 

two hundred pounds, current monc}^ ; to be recovered by action of debt, 

bill, plaint or information, in any court of record in this Province; wherein 

no privilege, protection or wager of law shall be admitted or allowed; 

which said forfeiture shall he applied, the one half to liis Majesly, for the 

use of the parish of St. Andrew's, and the other half to him or them that 

will inform or sue for the same ; provided, always, th;it such suit shall be 

commenced within .six months after such forfeiture incurred, and at no 

tinie after. 

WM. BULL, Jr. Speaker . 

In th-e Council Chamher, tliA> ?6?^ day of March, 1741. 

Aftentedto: WM. BULL 



116 



STA.TUTES AT LARGE 



A. D. 1741. 



Acts relating to Roads, Bridges and Ferries. 



No 681. AN ACT for building a Bridge over Combee River, from the 
Causway to the town of Radnor ; and declaring the Fish Pond 
Bridge, in the Parish of St. Bartholomew, to be a Public 
Bridge ; and for repairing or re-building a Bbidge now stand- 
ing in the upper part of the Parishes of Saint Thomas and St. 
Dennis, commonly called Ashby's Bridge ; and for other pur- 
poses herein mentioned. 



Bridge over 
Combee at 
Radnor. 



Assessment. 



Fish Pond 
Bridge. 



FORASMUCH as the building a bridge over Combee river, from the 
causway to the town of Radnor, may tend much to the security of the 
southern parts of this Province, as well as to the convenience of travellers 
passing that way, we humbly pray his most skcred Majesty that it may 
•be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant. 
Governor and Commander-in-chief of this fProvince, by and with the ad- 
vice and consent of his Majesty's Honorable Council, and the Commons 
House of Assembly of this Province, and by the authority of the same, 
That the commissioners hereinafter named, shall be, and they are hereby, 
authorized and required, as soon as conveniently may be after the passing 
of this Act, to build or cause to be built and erected, a good and substan- 
tial bridge over Combee river aforesaid, from the causway to the town of 
Radnor aforesaid. 

n. And for and towards the defraying the charge and expense of build- 
ing and erecting of the said bridge over Combee river aforesaid. Be it 
further enacted by the authority aforesaid, That the commissioners for 
building the said bridge over Combee river, hereinafter named, or the major 
part of them, shall have power, and they are hereby empowered, to tax and 
assess all the male inhabitants and male slaves within the Parish of Saint 
Helena, from sixteen to sixty years of age, in order to raise one moiety or 
half part of a sufficient sum of money to finish and complete the said 
bridge ; and the other moiety, on all the male inhabitants and male slaves 
within the parish of Saint Bartholomews, from sixteen to sixty years of 
age ; and that the said commissioners for building the said bridge over 
Combee river, hereinafter named, shall have, and they are by this Act de- 
clared to have and be invested with, the same powers and authorities, for 
taxing, assessing, raising and levying, so riuich money as v/ill complete the 
building of the said bridge, as the several commissioners of high roads or 
public paths have, by virtue of an Act entitled "An Act to empower the 
several commissioners of the high roads, private paths, bridges, creeks, 
causways, and cleansing of water passages, in the Province of South Caro- 
lina, to alter and lay out the same, for the more direct and better conveni- 
ency of the inhabitants thereof," passed the fifteenth day of September, 
in the year of our Lord one thousand seven hundred and twenty-one, or by 
virtue of any other Act or Acts of the General Assembly of this Province. 
HL And whereas, a bridge in -the said parish of Saint Bartholomew, 
commonly called Fish Pond Bridge, has been built at the expense of a small 
part of the inhabitants of the said parish, who, in consideration thereof, 
have been exempted from working on or being assessed for any other bridge 
in the said parish. Be it therefore enacted' hy the authority aforesaid. 
That the said bridge called the Fish Pond Bridge, shall from henceforth 
be, and is hereby declared to be, a public bridge to all intents and purposes 



OF SOUTH CAROLINA. 117 

Acts relating to Roads, Bridges and Ferries. A. D. 1741. 

whatsoever ; and all and every the inhabitants of the .said parish, shall he 
obliged to contribute toward.s the re-building and repairing the .said bridge ; 
and to the re-building antl repairing all and every other the bridges in the 
said parish ; any law, statute, usage or custom to tiie contrary in any wise 
notwithstanding. 

IV. And forasmuch, as a bridge upwards of si.xty feet in length, now 
standing in the upper part of the parishes of Saint Thomas and Saint Den- Ashby's bridge 
nis, commonly called Ashby\s Bridge, over which persons travelling the 

King's high road must pass, is now become ruinous and decayed, and 
the repairing or re-building the bridge last mentioned, in cases of alarms or 
insurrections, may be of great use and service, and tend very much to the 
security of the northern parts of this Province — Be it therefore enacted by 
the authority aforesaid. That the commissioners hereinafter named for 
re-building the bridge commonly called Ashby's Bridge, shall, and they are 
hereby required and authorized, as soon as conveniently may be after the 
passing of this Act, and so, fron;i time to time, to re-build or put in good 
and sufficient repair, the said bridge commonly called Ashby's Bridge, as 
they shall see most convenient and proper. 

V. And he it further enacted by the authority aforesaid, That the 

said commissioners for re-building Ashby's Bridge, or the major part of Assessment. 
them, shall have power, and they are hereby empowered, to tax and assess 
all the male inhabitants and male slaves within the same parishes of Saint 
Thomas and Saint Dennis, from sixteen to sixty years of age, in order to 
raise a sufficient sum of money to repair or re-build the said bridge ; and 
they are hereby declared to be invested with the same powers and authori- 
ties, for taxing, assessing, raising and levying, so much money as will, from 
time to time, re-build or repair and finish the said bridge, as the several 
commissioners of high roads have by virtue of the Act last above men- 
tioned, or by virtue of any other Act or Acts of the General Assembly of 
this Province. 

VI. And, he it further enacted by the authority aforesaid, That the said 
bridge directed by this Act to be built over Combee river, when the same ^ , , 
shall be finished, and the said bridge called Ashby's Bridge, when the Ug^i^idgcs!'" 
same shall be completely repaired or re-built, shall be, and are hereby de- 
clared to be, public bridges; and shall from thenceforward, respectively, 

be repaired and kept in repair, as other public bridges of this Province are 
or by law ought to be repaired and kept in repair. 

VII. Knd, be it further enacted by the authority aforesaid. That Stephen 

Bull, Esquire, Peter Girardeau, Thomas Stocks, David Godin, John Greene CommissionerB 
and John Mulltyne, be, and they are hereby declared to be, commissioners 
for putting in execution all and every the matters and things in this Act di- 
rected to be done, in regard to building the bridge over Combee river, from 
the causway to the town of Radnor aforesaid ; and that Mr. Thos. Wright, 
Captain Thomas Ashby, Mr. Peter Simmons, Mr. James Aiken and Mr. 
John Dutar(|ue, be, and they are hereby declared to be, commissioners for 
putting in execution all and every the matters and things in this Act direct, 
ed to bo done in regard to re-building the bridge in the parish of Saint 
Thomas and Saint Dennis, commonly called Ashby's Bridge. 

Mil. A^n^\ icheieas, a. road from the highroad leading from Ashepoo 
bridge to Combee ferry, into the high road leading from the Fish Pond 
Bridge to Saltcatcher river, is much wanted, and would be of great service 
to the inhabitants of this Province in travelling to the southward frontiers. 
Be it therefore enacted by the authority aforesaid, That Joseph Hunt, John 



118 STATUTES AT LARGE 

A. D. 1741. Acts relating to Roads, Bridges and Ferries. 

Hunt and James Atkins, commissioners of the high road leading from the 

made from Ed- ^''*'* ^^^^ Bridge to Saitcatcher river ; and Henry Hyrne, Peter Girardeau 

mundsbeiry and Edmund Bellinger, commissioners of the high road leading from Ashe- 

into the Salt- p^Q |jri(]ffe to Combee ferry, and their successors for the time being, be, 
catcher road. ',,, ■ , -'i •• ri- i ji" 

and they are hereby, appointed commissioners for laying out and keeping 

in repair, a road Irom the town or village of Edmundsberry, near Ashepoo 
hridge, into the said Saitcatcher road, somewhere between Godfrey's Sa- 
vanna and the Fish Pond bridge, as the said commissioners, or a majority of 
them, shall think most convenient ; and that all the male inhabitants from 
the age of sixteen to sixty years, within the districts of the said commis- 
sioners, those excepted living on the south-east of the high road leading 
from Ashepoo bridge to Coinbee ferry, whom the said two sets of commis- 
sioners, jointly, or a majority of them, shall judge to be most convenient 
to the said road, shall be obliged to work on the same, and shall be, and 
they are hereby, exempted from working on any other high road within the 
same year in which they shall be obliged to work on the said road hereby 
directed to be made ; any law, usage or custom to the contrary notwith- 
standing; and the said commissioners hereby appointed for the said road, 
shall have the, same powers and authorities, and be entitled unto the same 
privileges, for carrying this part of this Act into execution, that any other 
commissioners of the high roads have by virtue of any Act or Acts of the 
General Assembly of this Province. 

IX. And be it further enacted by the authority aforesaid. That in case 
P , .^ any action or suit shall be brought, sued or prosecuted, against the said 
may be plead- several commissioners, or any or either of them, or any other person or per- 
ed. sons whatsoever, for any matter or thing, by them or either of them, done 

or to be done, by virtue or in pursuance of the directions of this Act, it 
shall and may be lawful to and for the said commissioners and other per- 
sons, to plead the general issue and give this Act and the special matter in 
evidence ; and in case the plaintilf or plaintiffs shall discontinue, become 
nonsuit, or a verdict shall pass against them, the court in which such action 
shall be sued or commenced, shall tax and allow to every such defendant 
and defendants his and their double costs of suit^ and for which the said 
defendants shall have like remedy as by law is given to other defendants. 

WM. BULL, Jr. Speaker. 
In the Council Chamher, the Sth day of March, 1741. 
Assented to : WM. BULL. 



OF SOUTH CAROLINA. . 119 

. Acta relating to Roads, Bridges and Ferries. A. U. 1711. 

AN ACT FOR DISCHARGING THE COMMISSIONERS APPOINTED BY AN AcT No. 682. 

OF THE General Assembly of this Province, to lay out a Road 
OR Causey over Lynche's Island, from any further duty; and 

FOR THE better AND MORE EASY REPAIRING OF AND KEEPING THE 
SAME IN REPAIR FOR THE FUTURE. 

WHEREAS, in and by an Act of the General Assembly of this Pro- 
vince, entitled "An Act for appointing commissioners to lay out a road or p^^j^j^f^ig^ 
causey over Lynche's Island, situate in Santee river, and for establishing the 
ferries therein mentioned," passed the eleventh day of March, in the year 
of our Lord one thousand seven hundred and thirty-seven, it was, among 
other things, enacted that the commissioners thereinafter named, or the 
major part of them, should and might, and they were thereby authorized, 
impowered and required, to lay out, make and keep in repair, a road or 
causey over Lynche's island, aforesaid, in such place and over such part of 
the said island, as the said commissioners, or the major part of them, should 
think most proper for that purpose; and William Whiteside, Esq., George 
Pawley, Mr. William Buchanan, Mr. Jonah Collins, and Mr. Daniel Horry, 
were thereby nominated and appointed commissioners for putting the said 
Act in execution. And zohereas, the said commissioners, by their humble 
petition to the General Assembly, have set forth and alledged that they, in 
obedience to the said Act, had laid out, made and finished the said road or 
causey, agreeable to the tenor of the said Act, at the expence of fifteen 
hundred pounds, currency, by agreement made with the late Mr. Isaac Le- 
grand, undertaker thereof; and tiiat since the same had been finished, by 
the great freshes that had of late frequently happened in Santee river, the 
causey had received some damage, which might be repaired at a small ex- 
pence, and that when the same is again put in repair, the charge of keep- 
ing it so would be very small ; and humbly prayed to be discharged of their 
trust. • And whereas, in and by the said Act, it was likewise enacted that 
the laying out, making and keeping in repair the said road or causey, should 
be done and performed at the equal charge and expence of all the inhabi- 
tants living and residing, and owners of lands and slaves^ within the parish 
of Prince George Winyaw, and the lower district of the parish of St. James 
Santee : we therefore most humbly pray his most sacred Majesty that it 
may be enacted, 

I. knd be it enacted, by the Honorable William Rull, Esq., Lieu- 
tenant-Governor and Commander-in-chief, by and with tiie advice and pormer com- 
consent of his Majesty's Honorable Council and the Commons House of "lissioners dis- 
Assembly of this Province, and by the authority of the same, That im-*^^'^'^'' 
mediately from and after the passing of this Act, the said William White- 
side, Maj. George Pawley, Mr. William Buchanan, Mr. Jonah Collins, and 

Mr. Daniel Horry, the commissioners nominated and appointed in and by 
the said Act for putting the same in execution, shall be absolutely freed 
and discharged of and from all and all manner of duties and services im- 
posed upon them by the said Act, and of and from all penalties to which 
they were made subject by the same ; the said Act, or any other Act, to 
the contrary notwithstanding. 

II. A7id he it further enacted by the authority aforesaid. That from and 
immediately after the passing of tliis Act, the commissioners of the high- 
roads, private-paths, bridges, causeys, creeks, passages and water-courses, ^'hers appom- 
laid out and to be laid out, made and to be made, mended, cleared and al- 
tered, in the parish of Prince George Winyaw, and the lower district of 



I2d . STATUTES AT LARGE 

A.D.i7M. ^cts relating to Roads, Bridges and Ferries. 

the parish of St. James Santee, for the time being, shall be commissioners 
for causing the said road or causey to be repaired and kept in repair. 

III. And be it further enacted by the authority aforesaid, That the said 
Said causev ^'^'^'^ or causey, from and after the passing of ihis Act, shall be mended, re- 
how to '^e kept paired ^ and kept in repair, by the inhabitants of the parish of Prince 
mrepuir. George VVinyavv, and the lower district of St. James Santee, aforesaid, 

proportionable (as to the charge thereof, or work to be done,) to the num. 
ber of their inhabitants and male slaves, from sixteen to sixty years of age, 
in and within the said parish and district, respectively ; the said Act first 
above recited, or any thing therein, or in any other Act of the General As- 
sembly of this Province, contained to the contrary notwithstanding. 

IV. And that the said parish and district may bear and answer their 
quota or due proportion thereof, according to the number of such inhabi- 
tants and slaves in the said parish and in the district aforesaid, Be 
it further enacted, by the authority aforesaid. That the commissioners 
of the high-roads for the parish and district aforesaid, respectively, 
shall have power, and they are hereby empowered, as need or occasion, 
shall require, to cause all such persons as arc or shall by this Act be 
made liable to work upon the said road or causey, or to contribute to the 
charge of repairing and keeping in repair j to be summoned or assessed, as 
to them, or the major part of them, shall seem rnost meet and convenient, 
and to cause the defaulters to be fined, and the sums assessed to be collect- 
ed, in such manner as is usual in such cases. 

V. And be it further enacted by the authority aforesaid. That the said 
I'owers of commissioners of the high-roads , now and for the time being, for the parish 
commission- and district aforesaid, respectively, shall have, use and exercise, all the 

powers and authorities, for putting this Act, and such and so much of the 
said first above recited Act as is not altered by this present Act, in execu- 
tion, which are given to them as commissioners of the high-roads within 
the said parish and district, respectively, or to any other commissioners of 
the high-roads, and be subject to the same penalties as are inflicted On any 
commissioners of high-roads, by any Act of Assembly of this Province. 

VI. Provided, always, and be it further enacted by the authority afore- 
said. That, tohereas, Col. John Gendron hath been at a very considerable 

Proviso as to expence in making a public road near seven miles in length, fiom the plan- 
*tation of Robert Johnson, Esq., late Governor of this Province, deceased, 
to the upper district of St. James Santee ; and since the making thereof 
hitherto, hath maintained and kept that road in repair: he, the said Col. 
John Gendron, his heirs and assigns, and his and their overseers and slaves, 
living, residing and working, or hereafter to live, reside or work, within the 
limits of the district aforesaid, shall not be obliged to work upon the said 
road or causey, or any other road or causey within the lower district of St. 
James Santee aforesaid, or be liable to be taxed, rated or assessed any 
thing towards the repairing or amending of the same ; any thing in this 
Act, or any other Act of Assembly of this Province, to the contrary not- 
withstanding. Pronided, also, that the said Col. John Gendron, his heirs 
and assigns, shall, by him or themselves, his or their servants or slaves, 
from time to time, as occasion shall require, maintain and keep in repair 
the said road hereinbefore mentioned to be by him made ; and that the 
said road shall be deemed, taken and used as a public road. 

In the Council Chamber, the 6th day of March, 1741. 

WM. BULL, Jr., Speaker. 

Assented to: WM. BULL. 




OF SOUTH CAROLINA. 121 

Acts relating to Roads, Bridges and Ferries. 

AN ACT FOR SETTLING A FeRRY ON SaNTEE RiVER, IN THE WAY No 
LEADING FROM Ch'ARLESTOWN TO WiLLIAMSHURGH, AND FOR VESTING 

THE SAID Ferry in Joseph Murray, his Executors, Administra- 
TORS AND Assigns, for the term of seven years; and to enable 
THE Commissioners of the Public Roads near the said Ferry 
to lay out, make and keep in repair, a Road on each side of 
THE said River, leading towards the said Ferry; and for de- 
claring THE Road leading from Wadboe Bridge to Palmer's 
Ferry to be a private Road ; and for continuing the Roads 
IN the parish of St. John, in Berkley county, to the places 

THEREIN mentioned. 

WHEREAS, the inhabitants in the tovvnship of Williamsburg, and on 
the north side of Santee river, have, by their petition to the General As- 
sembly, represented the great convenience that will attend the having a *^^^" ^' 
ferry established over Santee river, on the land belonging to Joseph Mur- 
ray, to facilitate the passage of travellers from Charlestown to Williams- 
burg, and other the north-west parts of this Province. We therefore pray 
your most sacred Majesty that it may be enacted, 

I. And be it enacted, by the Honorable William Bull,, Esq., Lieutenant- 
Governor and Commander-in-chief in and over the Province of South Ca- Murray's Fer- 
rolina, by and with the advice and consent of his Majesty's Honorable ''^' °^''^'',^?V' 
Council and the Commons House of Assembl)^ of the said Province, ed!' 
and by the authority of the same. That immediately from and after the 
passsing of this Act, there shall be a ferry kept and established over 
Santee river, on the land belonging to Joseph Murray, lying contiguous to 
the said river, in the wa}' leading from Charlestown to Williamsburg, for 
the convenience of all persons usung the same ; and that the said ferry 
shall be, and the same is hereby, vested in the said Joseph Murray, his ex- 
ecutors, administrators and assigns, for and during the term of seven years 
from and after the passing of this Act, and from thence to the end of the 
then next ensuing session of the General Assemb!}^ 

H. And he it further enacted by the authority aforesaid, That the said - 
Joseph Murray, his executors, administrators or assigns, shall provide and Conditiong 
keep at the said ferry, during the time aforesaid, one good and sufficient 
boat, with at least tMo able men, (one of which shall be a white man,) fit 
for transporting of passengers, horses and cattle ; and that it shall and 
may be laAvful to and for the said Joseph Murray, his executors, administra- 
tors or assigns, for and during the term aforesaid, to ask, sue for, demand, 
levy, recover and receive, of and from every person and persons nsinof the 
said ferry, the several rates and prices hereinafter mentioned, that is to 
say : for each passenger on foot, two shillings and six pence ; for each 
horse, three shillings and nine pence ; for a man and horse, five shillings, 
current money ; for neat cattle, per head, ferried or swam, one shilling ; for 
calves, sheep or hogs, per head, six pence. And vvlien the freshes are so 
high that they are obliged to go from high-land to high-land, then all per- 
sons passing the said ferry shall be obliged to pay double the rates above 
mentioned ; all which said rates and prices of ferriage shall be paid to the 
said Joseph Murray, his executors, administrators and assigns, for and du- 
ring the term aforesaid, by all persons using the said ferry, at all times, 



VOL. LX— 16. ^ Cf 



^• 



^"^ 



122 STATUTES AT LARGE 

A-l^-ITW. J[cts relating to Roads, Bridges and Ferries. 

except in times of alarm, when the said ferry shall be free, and also free to 
all persons sent at any time on his Majesty's service. 

III. And he it further enacted by the authority aforesaid, That in case 
Toll how to be^^y Person using the said ferry, (except as before excepted,) shall refuse 
recovered. or fail to pay to the said Joseph Murray, his executors, administrators or 

assigns, the several rates of ferriage aforementioned, that then it shall and 
may be lawful to and for the said Joseph Murray, his executors, adminis- 
trators or assigns, to recover the same by warrant given for that purpose, 
under the hand and seal of any of his Majesty ^s justices of the peace, ac- 
cording to the method directed by the Act for the trial of small and 
mean causes. 

IV. And. he it further enacted \)\ the authority aforesaid. That incase 
Penalty for <iny person or persons coming to the said ferry, in order to pass over the 
neglect. said river, shall there meet with any unreasonable delaj^, for want of a 

sufficient ferry boat and two able men, as aforesaid, to transport them, their 
horses or cattle, from one side or other of the said river, he, the said Jo- 
seph Murray, his executors, administrators or assigns, then possessed of the 
said ferry, shall, in every such case, forfeit for every hour's delay, the sum 
of twenty shillings, current money, to be sued for, levied and recovered, 
in the manner directed by the said aforementioned Act for the trial of small 
and mean causes ; provided, the said forfeitures be applied and sued for 
within ten days after the said delays shall happen, and not afterwards ; one 
moiety of which forfeitures shall go to the poor of the parish, and the oth- 
er moiety to the person or party so detained, and who shall inform and sue 
for the same ; any thing hereinbefore contained to the contrary notwith- 
withstanding. 

V. And he it further enacted by the authority aforesaid, That a road be 
Road from laid out, made and kept in repair, in as direct a course as conveniently 
to 'Kiiffstree."^^ '^'^Y ^^' leading from the said ferry to tlie King's Tree, in the township of 

Williamsburg ; and that all the inhabitants and owners of slaves on the 
north side of the said Santee river, within so many miles of the said ferry 
as the commissioners of the public roads of that district next the said ferry 
shall judge proper, within their respective districts, be, and they are here- 
by, obliged and made liable and directed to lay out, make and keep in re- 
pair, the said road, in the same manner as is prescribed by the high-way 
Act of the General Assembly of this Province ; and that the commission. 
ers for the public roads for that district be the commissioners for the laying 
out, making and keeping in repair, the said road on the north side of the 
said river, who are hereby invested with the same powers, privileges, im- 
munities and authorities, for the purpose aforesaid, as any other commis- 
sioners of" the highwa5"s or public roads in any part of this Province ; and 
that the said commissioners, or the commissioners of the said road for the 
time being, be obliged, and they are hereby required and directed, to lay 
out, make and complete, the said road within the term of three years from 
and after the passing of this Act ; and that on their failure to make and 
finish the same, they shall each of them forfeit the sum of twenty pounds, 
proclamation money ; one moiety whereof shall go to the poor of the pa- 
rish, and the other moiety to the person or party that will inform and sue 
for the same ; to be recovered by action of debt, bill, plaint or information, 
in any court of record in this Province; wherein no essoign, privilege or 
protection, shall be admitted, nor more than one imparlance. 

VI. And be it further enacted by the authority aforesaid. That another 



OF SOUTH CAROLINA. 123 

Acts relating to Roads^ Bridges and Ferries. A. I). 1711. 

road be laid out, made and kept in repair, on the south side of the said San- „ , ^ 

_ ' .' 1 1 !• {• 1 • 1 !• 1 cii. K.oa<l from 

tee river, in tnc most convenient place leading rrom the said terry to fet. i\ii,rniv'.s Fer- 
John's Churcli, in Berkley county ; and tliat all the inhabitants and owners ry !o«t. John's 
of slaves on the south side of the said Santcc river, within so many miles of ^""^ '• 
the said ferry as tlic commissioners of the public roads of such districts where 
the said road shall be carried, shall judge proper, within their respective 
districts, be, and they are here[)y obliged, made liable and directed, to make 
and keep in repair tlie said road, in the same manner as is prescribed and 
directed by the highway Act of the General Assembly of this Province ; 
and that the commissioners of the public roads of that district on the south 
side of the said ferry, be, and they are hereby, ordered, empowered and di- 
rected to be, commissioners for the laying out, making and keeping in re- 
pair, the said road on the south side of the said river, who are hereby re- 
quired to lay out, make and finish, the said road within the term of three 
years from and after the passing of this Act ; and that the said commission- 
ers be for that purpose invested with the same powers, privileges, immu- 
nities and authorities, and subject to the same penalties and forfeitures, tor 
their neglect or failure of duty, as the commissioners hereinbefore mention- 
ed are invested with, or made subject to, for the laying out, making and 
keeping in repair, the aforementioned road on the north side of the said 
Santee river. 

VII. Xnd be it further enacted by the authority aforesaid, That the se. 

veral inhabitants and owners of slaves on the south and north sides of the Exemption, 
said Santee river, and who are hereby made liable and directed, and who 
shall work in the laying out, nuiking and keeping in repair, either of the 
said roads leading from the said ferry, on either side of the said Santee ri- 
ver, shall be excused, and they are hereby excused and discharged, from 
any obligation to work upon any other road or roads in the same county ; 
any law, usage or custom to the contrary notwithstanding. 

VIII. And he it further enacted by the authority aforesaid. That if any 

of the said commissioners herein appointed, or any other person or persons Qgug^a; issue 
acting by or under their authority, shall be sued or prosecuted for any mat- may be plead- 
ter, act or thing, executed or done by virtue of or by reason of this Act,'' • 
that in every such case it shall and may be lawful for the person so sued or 
prosecuted to plead the general issue, and to give this Act and the special 
matter in evidence ; and if a verdict shall pass for the defendant or defen- 
dants, or that the plaintiff or plaintiffs shall become non-suit, or sutler a 
discontinuance, that in every such case the defendant or defendants in any 
such action shall be paid and allowed his or their double costs; any law, 
usage or custom to the contrary notwithstanding. 

IX. And forasmuch as it is a complaint, that in divers parts of this Pro- 
vince, where ferries are by law established, and the proprietors of the said Penalty for in- 
ferries obliged to keep sufficient boats and servants to wait and attend at j|'^p''j.'j"jj'fg qj- 
the said ferries, that other persons living near the said ferries, do make adianered fer- 
practice of transporting passengers, horses, cattle and goods, over the rivers '■"'^• 

where such ferries are established, to the prejudice and disappointment of 
the said proprietors of the said ferries ; for the remedying whereof, it is 
herebi/ further enacted hy the authority aforesaid. That if any person or 
persons, living within the space of one mile of the said ferry hereby estab- 
lished, or of any other established ferry in any part of this Province, shall, 
for any fee, toll or reward whatever, transport any person, goods or cattle, 
from one side only to the other of that river where any such established 



124 STATUTES AT LARGE 

A.I). 1741. ^^fg relating to Roads, Bridges and Ferries. 

ferry shall be kept, that in every such case, the person taking any such fee, 
toll or reward, shall forfeit and pa/ to the proprietor of the ferry next adja- 
cent to the place where such fare was taken up, treble the value of the fee, 
toll or reward, given, paid or promised ; to be recovered by warrant under 
the hand and seal of any one justice of the peace, according to the method 
directed by the Act for the trial of small and mean causes ; any law, usage 
or custom to the contrnry notwithstanding. Provided, always, that in case 
any passenger shall be detained more than half an hour at any such ferry,, 
then any persons living near such ferries, may be at liberty to transport 
them ; any thing herein to the contrary notwitlistanding. 

X. Knd be it further enacted by the authority aforesaid, That the road 
roads. *^^*^^'" leading to and from the said ferry, on either side of the said river, shall be 
deemed a public road ; and that the road leading to Palmer's ferry, on ei- 
ther side of the said Santee river, shall, from and after the passing of this 
Act, be deemed and taken to be a private road or path ; and that the per- 
sons liable to work on and repair the said road or path last mentioned, shall 
henceforth be excused from working on or repairing the same ; any law,. 
usage or custom to the contrary notwithstanding. 

Xr. And whereas, it is necessary, for the convenience of the inhabitants 
of :he parish of St. John, in the county of Berkley, that the roads in the 
said parish be continued farther than they at present extend ; Be it enacted 
by the authority aforesaid, That the commissioners of the high-roads for 
the said parish of St. John, shall be, and they are hereby, obliged and re- 
quired to continue the public high-road from the plantation of Mr. Rene 
Ravenell to the plantation of Mr. Samuel Edgar, in the said parish, inclu- 
sive ; and also, to continue the road leading from the township of Amelia 
to the p' ..atation late of Mr. Thomas Ferguson, deceased, in the said pa- 
rish, as far as the line of the said parish extends ; and both the said roads 
are hereby declared to be public roads, to all intents and purposes whatso- 
ever ; ar.d all the inhabitants of the said parish, living contiguous to either 
of the said roads, shall be obliged to work thereon, respectively, as far as 
the parish line extends, and shall be exempted from working on any other 
public road in the said parish : any law, usage or custom to the contrary 
thereof in any wise notwithstanding. 

WM. BULL, jun., Speaker. 

In the Council Chamler, the Qth day of March, 1741. 

Assented to: WILLIAM BULL. 



OF SOUTH CAROLINA. 165 

Acts relating to Roads, Bridges and Ferries. A. I). 1741. 

AN ACT TO APPOINT Commissioners to lay out a Road i-Ror.i the No. 691. 

CORNER OF CaPT. ThOMAS JoHNSOn's PLANTATION FENCE, NORTIIWEST- 

WARU TO Stead's Creek, and from thence westward, so as may 

BEST suit the LANDS LYING ON EdISTO RiVER ; AND TO EMPOWER 

THE SAID Commissioners to continue the said Road to the line 
OF Orangeburg Township, or to lay out any by-Road or Roads 
INTO the said Road. 

WHEREAS, the inhabitants and owners of lands lying between Cypress 
Swamp and Stead's Creek, and between the road to Orangeburg and Ed- preamble. 
isto river, are about to build a bridge over Stead's creek, at their own pri- 
vate charge : and whereas, the inhabitants and owners of lands lying be- 
tween the said Stead's creek and Cypress swamp, and between the road to 
Orangeburg and Edisto river, will be put to great inconveniences for 
want of a road, (from the road leading by Capt. Thomas Johnson's plan- 
tation,) to the said Stead's creek. We therefore pray your most sacred 
Majesty that it may be enacted, and 

I. Be it enacted , hy the Honorable William Bull, Esquire, Lieutenant- 
Governor and Commander-in-chief, by and with the advice and consent „ , . 

-,.-.,. 1 TT 1 1 /^ -111/-! TT f • Koad irom 

of his Majesty s Honorable Council, and the Commons House oi Assem-. Johnson's to 
bly in this Province, and by the authority of the same, That the commis- ^"^^id's creek, 
sioners hereinafter named shall, and they are hereby authorized, impowered '^' 
and required to, lay out, make and keep in repair, a road to lead from the 
corner of Capt. Thomas Johnson's plantation fence, northAvestward to 
Stead's creek, and from thence westward, so as may best suit the lands ly- 
ing on Edisto river. 

n. And be it enacted by the authority aforesaid. That all male inhabi- 
tants, from the age of sixteen to sixty years, residing on such plantations Who to work 
as the commissioners hereinafter named, in conjunction with the commis- °" ''• 
sioners for Orangeburg road, shall judge most convenient, shall, and they 
are hereby obliged to, make the said road, and keep the same in repair ; 
and in case any of the persons adjudged proper by the said commissioners 
aforesaid, to work on the said road, shall neglect or refuse to do the same, 
they shall be liable to the same fines and forfeitures as any persons by Act 
of the General Assembly for making roads in this Province are. 

HL Aiid be it further enacted by the authority aforesaid ,5,That the com- 
missioners hereinafter named shall and may, and they are hereby author- Commissioners 
zed and impowered to, continue the said road, as occasion shall require, 'V'*-^ contmue 
from time to time, as far as the boundary line of Orangeburg township, 
and to lay out any by-road or roads into the said road leading from Capt. 
Thomas Johnson's plantation fence to the line of Orangeburg Township, 
as aforesaid. 

IV. And be it further enacted by the authority aforesaid, That the 
several inhabitants residing on the several plantations that shall be adjudged Exemption, 
proper persons, (by the commissionei"s hereinafter named, in conjunction 
with the commissioners of Orangeburg road,) to work on and keep in repair 
the said road, be, and they are hereby, exempted from working on any 
road, bridge or causey whatsoever, other than the road aforesaid, and the 
bridge about to be built over Stead's creek ; any law, usage or custom to 
the contrary in any wise notwithstanding. 



126 STATUTES AT LARGE 

A. D. 1741. ^fig relating to Roads, Bridges and Ferries. 



Powers of 
coinmissijners 



Commissioners 



V. And he it further enacted by the authority aforesaid, That the com- 
missionerg hereinafter named, or any three of them, shall have, use and 
exercise, all the powers and authorities for putting this Act in execution, 
which are given to any other commissioners of high roads, and be 
subject to the same penalties as are inflicted on any commissioners of 
high roads, by any Act of the General Assembly of this Province, (except 
where the conunissioners for Orangeburg road are impowered by this Act, 
in conjunction with the commissioners hereinafter named, to do such things 
as are required by this Act, in which case any six of the whole number 
shall use and exercise all tiie powers and authorities mentioned as aforesaid, 
and be subject to the same penalties as aforesaid.) 

VI. And be it further enacted by the authority aforesaid, That Mr. John 
Drayton, Mr. John Cattell, (son of William,) Mr. John Stevens, Mr. John 
Roberts, and Mr. Francis Ladson, shall be, and they are hereby nominated 
and appointed, commissioners for putting this Act in execution. And it is 
hereby iviv\.\\ev provided, that the several persons who shall become liable, 
hy virtue hereof, to assist in laying out, making and repairing, the said 
road, shall be summoned to work upon such part of the said road as shall 
be nearest and most convenient to their respective habitations or planta- 
tions 

VII. And he it farther enacted by the authority aforesaid, That in case 
General issue the said commissioners, or any of them, or any other person or persons, 
^^ay e pea " g^gjjj^g under their authority, shall be sued or prosecuted for any matter 

or thing by them to be done by virtue or in pursuance of the direc- 
tion of this x\ct, it shall and may be lawful to and for the said com- 
missioners, or any other person or persons, so sued or prosecuted, to plead 
the general issue and give this Act and the special matter in evidence ; any 
law, usage or custom to the contrary thereof in any wise notwithstanding. 

WM. BULL, Jun., Speaker. 
In the Council Chamher, the 2d day of July, 1741. 

Assented to : WILLIAM BULL. 



No. 692. -A^N ADDITIONAL AND EXPLANATORY ACT TO AN AcT ENTITLED ** An 

Act to empower the several Commissioners of the High-Roads, 
Private Paths, Bridges, Creeks, Causeys, and cleansing of 
Water Passages, in this Province of South Carolina, to alter 

AND LAY out THE SAME, FOR THE MORE DIRECT AND BETTER CONVE- 
NIENCE OF THE INHABITANTS THEREOF." 

WHEREAS, the regulations made in and by an Act of the General 

Preamble, Assembly of this Province, entitled " An Act to empower the several 

commissioners of the high roads, private paths, bridges, creeks, causeys, 

and cleansing of water passages, in this Province of South Carolina, to 

alter and lay out the same, for the more direct and better convenience of 



OF SOUTH CAROLINA. 127 

Acts relating to Roads, Bridges and Ferries. A. I). 1741. 

the inhabitants thereof,'" liave not fully answered the good ends proposed 
in passing the same ; and several regidations and explanations being further 
necessary to be made for that purpose — we humbly pray his most sacred 
Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant- 
Governor and Commander-in-chief in and over his Majesty's Province of f)i,tv of ner- 
South Carolina, by and with the advice and consent of his Majesty's sons" liable to 

Honorable Council, and the Commons House of Assembly of this Province, ^V"!'* "" ''^° 

* • iii'''l\wtivs 

and by the authority of the same, That all and every the white male per- ° 
son and persons whatsoever, liable by law to appear at an)^ of the high 
roads, private paths, bridges, causeys, creeks, passages or w^ater courses 
in this Province, when the same are making, mending or repairing, who 
shall neglect or refuse to appear, or appearing, shall presume to depart 
therefrom, while such highways, private paths, bridges, causeys, creeks, 
passages or water courses, are making, mending or repairing, every such 
person so offending, shall forfeit, for every day he shall offend herein, the 
sum of twenty shillings, current money ; and in case any white person 
or persons whosoever, shall get drunk during the time he or they is 
or are attending the working upon the highways, bridges, causeys, creeks, 
passages or water courses, every such person shall forfeit the sum of five 
pounds, current money, for every such offence; which forfeitures shall be 
recovered and applied in the manner hereinafter directed. 

H. And he it further enacted, by the authority aforesaid. That all and 
every person and persons who are liable to work on the high road leading From Pon Pen 
from Pon Pon bridge to Ashepoo bridge, in the parish of Saint Bartholo- to Ashepoo 
mew, shall be exempted from working upon any other high road whatso- '" ^^" 
ever; any Act, law, usage or custom to the contrary notwithstanding. 

HL And he it further enacted by the authority aforesaid, That the 
commissioners of the high roads, private paths, bridges, causeys, creeks, ^""F''^i"°"®''^ 
passages and water courses, for the parish of Saint John, in the County parish, 
of Colleton, which parish, at the time of passing the Act above recited, 
was in the parish of Saint Paul, shall, and they are hereby declared to be, 
a distinct board of commissioners for the said parish of Saint John in 
Colleton County. 

IV. And whereas, there are but two commissioners for the road leading 

from Dandridge's bridge to Parker's ferry, in the Parish of Saint Paul, f)"|^,'j^fj'LJg"Jo 
who are not a sufficient number for the said road. Be it further enacted by Parker's. 
the authority aforesaid, That Richard Wright and Burnaby Bull, Esquires, 
and Mr. Elisha Butler, be also commissioners for the said road, to make 
up the number five, which number, in case of death or refusal to act, shall 
be supplied and appointed in like manner, and have the like powers and 
authorities, and be under like penalties and directions, as the commission- 
ers appointed by any law of this Province for the said road. 

V. And whereas, by the nineteenth paragraph of the before recited Act, 
entitled " An Act to empower the several commissioners of the high roads, 
&c.'' high roads and private paths are so blended together, as if they 
were designed to be made and kept in repair, both the one and the other, 
at the expense and by the equal labor of the several persons inhabiting 
the said parishes, respectively, which is conceived was not the real inten- 
tion of the said Act, nor ought to be so interpreted or understood : there- 
fore, for removing all doubts concerning the same, and to the intent that 
private paths may be made and kept in repair, at the just and proportiona- 
ble expense of the several persons concerned and interested therein-, and at 



128 STATUTES AT LARGE 

A. D. 1741. j{cfs relating to Roads ^ Bridges and Ferries. 

whose application such private paths are or shall be hereafter laid out, Be 
. it further enacted by the authority aforesaid, That all roads laid out or to 

how to^be ma!ie ^^ ^^^^ *^"*'5 made or to be made, at the instance and by the application of 
and kept up. particular persons, are hereby declared to be private paths ; and shall be 
made and kept in repair by the proportionable labor and expense of such 
person and persons who shall apply for, or shall use the same in common 
with that neighborhood, and by no other person or persons whatsoeyer ; 
which working upon such private paths, shall not exempt or excuse the 
person or persons working thereon, from working on the high roads on 
which such person or persons were obliged to work before such private path 
was laid out, except where any person hath been, or shall be, exempted by 
any Act of the General Assembly of this Province : and the commission- 
ers- of the high roads for the time being, on application made to them, shall, 
and they are hereby required to, lay out and cause to be made and kept in 
repair, in their respective districts, all and every the private paths within ihe 
same, at the just and proportionable expense and labor of all and every the 
male inhabitants, from sixteen to sixty years of age, residing therein, in 
such manner that no person or persons shall be obliged or compellable to 
labor on, or shall be at more charge in making or keeping in repair such 
private paths, than shall be consistent with the advantage received or to be 
received therefrom by him or them ; and so that such person and persons 
shall only work or labor on, or be charged for such distance and part of 
such private paths, as he or they shall receive particular use or advantage 
from ; any law, usage or custom to the contrary notwithstanding. 

VI. And for settling any disputes which may arise concerning any of the 

„ f high roads and private paths — Be it further enacted by the authority afore- 

jrowpr ot com- . ... . .*. 

missioners. said. That the board of commissioners in each parish, at their appointed 

, time of meeting, shall be, and are hereby, empowered to decide all such 

disputes as shall arise, and to determine agreeable to the intention of this 

Act, which roads are to be deemed private paths, and which high roads, 

and what persons are to work thereon, and on what part thereof they are 

to work; which determination shall be final and binding, and not to be 

altered by any future board of commissioners. 

VII. And whereas, by reason of a mistake in the twelfth paragraph of 
D'stiict be. ^^^^ said, in part, recited Act, the lands lying between the west side of 
jweenEdisto South Edisto river, and the north-east side of Ashepoo river, is supposed to 
and Ashepoo. \^q Jj, (j^g parish of Saint Paul, in Colleton County, when the Same, in fact, 

is in the parish of Saint Bartholomew, in the said county; for rectifying, 
therefore, of the said mistake — Be it further enacted by the authority 
aforesaid, That the said lands, so lying between the west side of South 
Edisto river, and the north-east side of Ashepoo river, are hereby declared 
to be within the parish of Saint Bartholomew, in Colleton County ; and 
Culcheth Golightly, Esquire, Mr. Thomas Eberson, and Mr, John Jack.son, 
be, and they are hereby, appointed commissioners for the high road leading 
from Pon Pon Bridge to the Fish Pond Bridge, and of all and every the 
private paths, causeys, creeks, bridges, and water passages within that dis- 
trict ; and tiie said Culcheth Golightly, Esquire, Thomas Eberson, and 
John Jackson, and all and every other the commissioners of the high roads, 
private paths, causeys, creeks, bridges and water passages, lying Ijetween 
the said Pon Pon and Ashepoo rivers, shall have the same powers, privi- 
leges and authorities, in their respective districts, and shall be subject and 
liable to the same penalties and forfeitures, as any other commissioners are 
invested with, or are subject or liable to, by any Act of the General Assembly 



OF SOUTH CAROLINA. 129 

Acts relatitig to Roads, Bridges and Ferries. A.D.lTll. 

of this Province ; any thing in the said Act to the contrary in any wise 
notwithstanding. 

VIII. And whereas, it hath been doubted whether the commissioners of the 
high roadsj private patli.s, bridges, causeys, cuts, and water passages, hav- CQ,„^iggiQ„g,.g 
ing once taken upon themselves to execute the said otiices, respectively, can may resign, 
afterwards resign the same. Be it therefore enacted by the authority aforesaid, 
That it shall and may be lawful to and for all and every the commissioners 
aforesaid, after liaving served three years from the time of passing this 
Act, to resign their offices, respectively, by signifying the same, under their 
hands, to the board of commissioners for the parish or district, respectively, 
for which they are or shall be appointed, at one of the times of their annual 
meetings. 

iX. Knd Ik it further enacted by the authority atoresaid, That Mr. 
Joseph Wilkinson, Colonel John Bee and Mr. James Stobo, be commis- Commissioners 
sioners for cutting, clearing and cleansing New Cut; and that Mr. Joseph appointed. 
Ceely, Mr. William Adams and Archibald Calder, Esquire, be commis- 
sioners for cutting, clearing and cleansing Watt's Cutt; and that Mr. John 
Stanyarne, Mr. Isaac White and Mr. Thomas Tatnell, be commissioners 
for cutting, clearing and cleansing Wappoo Creek; and that Mr. Paul 
Orimball, Mr. John Jenkins and Mr. Robert Sams, be commissioners for 
the Hawlover, at the lower end of John's Island; and that Major Thomas 
Hext, Mr. Joseph Jones and Mr. Joseph Stan3'arne, be commissioners for 
Newtown Cut; and that Alexander VanDussen, Samuel Morris, Esquire, 
and Mr. Zacharia Villepontoux, be commissioners for cutting, clearing 
and cleansing, the cut near Red Bank ; which commissioners are hereby 
declared to be the only commissioners for the purposes aforesaid ; and shall 
have the same powers and authorities, and shall follow the same directions, 
as are particularly mentioned and described by an Act entitled ^' An Act 
for cleansing and opening the several creeks, cut-ofTs, or water passages 
therein mentioned, and for regulating the boats and petty augers going 
through the same,''' passed the twent5--iTfth day of March, one thousand 
seven hundred and thirty-eight; any law, usage or custom to the contrary 
notwithstanding ; and the said commissioners shall, within eighteen months 
from the time of passing this Act, cut, clear and clean, the said New Cut, 
Watt's Cut, Wappoo Creek, the Hawlover, Newtown Cut, and the cut near 
Red Bank, respectively ; and in case they shall neglect or refuse to do the 
same in the time above limited for that purpose, then each and every of the 
said commissioners shall forfeit the sum of two hundred pounds, current 
money ; to be recovered and applied as hereinafter is directed. 

X. And be it farther enacted by the autliority aforesaid, That in case 

the commissioners for Wappoo Cut should make a water passage through Compensation 
the firm land of Mrs. Sarah Woodward, they are hereby directed and '° I^j is. Wood- 
empowered to summons five freeholders, in the vicinage, to estimate the 
damage which shall be sustained by Mrs. Woodward, from the said cut; 
two of the freeholders to be nominated by the conmiissioners, and two 
by Mrs. Woodward ; which said four arbitrators, in case they cannot 
agree, shall choose a fifth person; and their determination therein shall 
be final and decisive ; and the said commissioners are hereby empowered 
to draw upon the public treasurer, for the time being for such dama- 
ges, who is hereby required to pay the same ; which is to be replaced 
by a tax on the inhabitants making use of the said cut. 

XI. And whereas, the inhabitants and freeholders on Ashepoo River, 
and the lands adjacent, have petitioned the General Assembly for leave 

VOL. IX— 17. 



130 STATUTES AT LARGE 

A. D. 1741. Jlcts relating to Roads, Bridges and Ferries. 

to cut a creek from Ashepoo to Pon Pon river, at the upper end of the 
from Ashepo'o^ Goose Marsh between the said two rivers. Be it therefore enacted by the 
to I'on Pon. authority aforesaid, That Culchelh Golightly, Esquire, Mr. John Kelsale, 
Mr. Thomas Eberson, Mr. David Godin and Mr. John Hutchinson, or the 
majority of them, be, and they are hereby appointed to be, commissioners 
for cutting, cleansing and keeping in repair the said creek, at such place 
through the said marsh as they siiall judge to be most convenient, as near 
as possible upon a straight line from Ashepoo river to Pon Pon River, and 
to such a depth and breadth as they shall think necessary ; provided, the 
same do not exceed twenty feet in breadth and six feet in depth ; and shall 
have full power and authority, and they are hereby authorized and empower- 
ed, to agree with any sober and discreet person or persons to undertake the 
cutting, cleansing or repairing of the said creek, as they shall see meet; 
and to assess such sum or sums of money as they shall so agree for, 
by an equal proportion on all the male persons, from the age of sixteen 
years to sixty years, residing on or making use of, or that shall make 
use of any landing on the said Ashepoo river or the branches thereof, 
from Bennet''s Point and Cochran's Island, exclusive, to the head of the 
said river ; and in case any person shall neglect or refuse to pay his 
or their proportion of such assessment, the commissioners shall levy the 
same by distress and sale of the dcfaulter''s goods. 

XII. And he it further enacted by the authority aforesaid, That all 
persons liable" by this Act to pay towards cutting and keeping in repair 

Exemption, ^y^^ g^j^ creek, lie, and they are hereby, exempted from paying towards or 
working on any other creek or cut-off whatever ; any law, usage or custom 
to the contrary notwithstanding. 

XIII. And he it further enactcdhy the; authority aforesaid. That the seve- 
Roads, &c. to ral commissioners of all and every the high roads, private paths, bridges, 
be worked on causeys, creeks, passages and water courses, laid out and to be laid out, 

y. niade and to be made, cleared, altered, amended and repaired, in any part 

of this Province, shall be, and they are hereby, obliged and required to 
cause the persons liable to work upon the said high roads, private paths, 
bridges, causeys, creeks, passages and water courses, of which they are or 
shall be commissioners, to work, respectively, at least once in every year, 
in case the same shall need any repair, under the penalty of one hundred 
pounds, current money, to be paid by each and every such commissioner 
and commissioners who shall neglect or refuse so to do ; to be recovered and 
applied in the manner hereinafter directed. 

XIV. Knd he it Jkrther enacted- by the authority aforesaid. That in case 
no more than five of the commissioners of the high roads, private paths, 

Five commis- bridges, causeys, creeks, passages, and water courses, for any parish or 
quorum. district in this Province, respectively, shall meet at the Parish Church, or 

where there is no church, at the usual place of meeting for the said com- 
missioners, at the times prescribed by the Act above recited, to determine 
of the matters in the said Act mentioned, then the said five commission- 
ers so met togelher as aforesaid, shall be deemed, and they are hereby de- 
clared to be, a board of commissioners, to all intents and purposes what- 
soever, to determine of all such matters concerning high roads, private 
paths, bridges, causeys, creeks, pas.sages, and water courses, as by the said 
recited Act is directed and appointed ; any thing in the said Act contained, 
or any law, usage or custom, to the contrary thereof in any wise notwith- 
standing. 

XV. And he it further enacted by the authority aforesaid, That all and 
every the penalties and forfeitures inflicted by this Act, above the sum of 



OF SOUTH CAROLINA. 131 

Acts relating to Roads, Bridges and Ferries. A. I). 1711. 

twenty pounds, current money, shall and may be sued for and recovered, . 

by action of debt, bill, plaint or information, in any court of record in this jjow^o'lje^. 
Province ; wherein no essoign, privilege, protection or wager of law sliall covered and 
be allowed or admitted, nor any more than one imparlance ; and shall be ^f'' '"'*' 
applied, one half to his Majesty, for repairing the roads and bridges in the 
parishes, respectively, where such penalties shall be incurred, and the other 
half to him or them who will inform and sue for the same ; and all sums 
under twenty pounds, current money, shall be recovered and levied by 
warrant of distress, under the hands and seals of a majority of the com- 
missioners of that district, respectively, where the offence shall be commit- 
ted ; and shall bo ai)plicd to the same use as herein directed. 

XVI. And he it further enacted by the authority aforesaid, That in case 

any of the commissioners of the high roads, private patlis, bridges, causeys, <^eneral issue 
creeks, passages, and water courses, in this Province, or any other person, gj/ 
shall be sued or prosecuted, for any matter or thing done or to be done in 
obedience to the directions of this Act, or the Act above recited, or any 
other Act of the General Assembly of this Province, relating to the mak- 
ing, mending or altering high roads, private paths, bridges, causej^s, creeks, 
passages or water courses, he and they shall be at liberty to plead the 
general issue, and give this Act and such other Acts as aforesaid, and the 
special matter, in evidence. 

XVII. \nd be it further enacted by the authority aforesaid, That this Act, 

and every matter and thing therein contained, shall continue and be of , . . . 
force for the space of three years from the passing of this Act, and from 
thence to the end of the next session of the General Assembly, and no 
longer. 

WM. BULL, Jr. Speaker. 
In the Council Chamber, the 2d day of July, 1741. 

Assented to: WILLIAM BULL. 



AN ACT DECLARING DoRCHESTEE Bridge, Bacoiv's Bridge, McCol- No 706. 
LUJi's Bridge, Eagle's Bridge, Baker's Bridge, and Waring's 
Bridge, in the Parish of Saint George Dorchester, to be Pa- 
rish Bridges, and appointing the manner in which the same 
shall hereafter be kept in repair ; AND for reviving and con- 
TiNuiNG an Act of the General Assebibly of this Province, en- 
titled *'An additional and explanatory Act to an Act entitled 
An Act to empower the several Commissioners of the High 
Roads, Private Paths, Bridges, Creeks, Causeys, and cleansing 
of Water Passages, in this Province of South Carolina, to al- 
ter AND LAY OUT THE SAME, FOE THE MORE DIRECT AND BETTER 
convenience of the INHABITANTS THEREOF." 

WHEREAS, the bridges commonly called Dorchester Bridge, Bacon's 
Bridge, McCoUum's Bridge, Eagle's Bridge, Baker's Bridge, and Waring's 



132 STATUTES AT LARGE 

A. D. 1744. J^cts relating to Roads ^ 'Bridges and Ferries. 

Bridge, in the parish of Saint George Dorchester, are greatly expensiV^ 
and burthensome to some of the inhabitants, although the said bridges- 
are of a pubhc benefit; to the intent, therefore, that the charge and 
expense of keeping the said bridges m repair may be borne by all the in- 
habitants of the said parish — we humbly pray your most sacred Majesty 
that it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
gy^jj.^ {,^jj^e^ chief and Captain-General in and over this his Majesty's Province of South 
declared pub. Carolina, by and with the advice and consent of his Majesty's Honorable 
^^^- Council, and the Assembly of this Province, and by the authority of the 

same, That the bridges commonly called Dorchester Bridge, Bacon's 
Bridge, McCollum's Bridge, Eagle's Bridge, Baker's Bridge, and Waring's 
Bridge, in the parish of Saint George Dorchester, shall be, and they are 
hereby declared to be, parish bridges, and shall, for ever hereafter, be kept 
in repair at the equal charge and expense of all the male inhabitants and 
male slaves, from the ages of sixteen to sixty years, in the said parish ; any 
law, statute, usage, or custom to the contrary notwithstanding; except 
such part of the inhabitants of the said parish as are hereinafter excepted, 
that is to say : — all persons made liable by an Act passed the fifth day of 
March, one thousand seven hundred and thirty -six, to work on a road from 
the head of the path that leads from Dorchester to Captain Izard's cow 
pen, to the township of Orangeburgh ; and also, all persons living on the 
west side of Stead's creek, in the said parish. 

II. knd, he it furtlier enacted by the authority aforesaid. That all and 
„ . , ») every person and persons whoever, made liable by this Act to defray the 
made to com- expenses of repairing the said bridges, shall, upon a summon or notice in 
raissioners of writing, affixed in some public place in the said parish of Saint George 
towoik.*" ^ Dorchester, at the place and time to be appointed for that purpose by the 

commissioners hereinafter named, or a majority of them, give in ar» 
account, on oath, to the said commissioners, or send a certificate of such 
oath having been taken before one of his Majesty^'s justices of the peace,, 
of all the male persons in their families, from the age of sixteen to sixty- 
years ; and where the owner of any plantation in the said parish shall not 
reside thereon, then the overseer on such piantion may give in such account, 
on oath, in manner aforesaid ; and in case any person or persons whoever, 
shall refuse or neglect to render such account, on oath, to the said commis- 
sioners, by the time and at such place as shall be by them appointed for that 
purpose as aforesaid, then the said commissioners, or a majority of them, 
shall be, and they are hereby, fully empowered, authorized and required, to 
assess the defaulters in such manner as they shall think reasonable. 

III. Ayid he it further enacted, by the authority aforesaid, That Robert 
Commissioners Wright, Henry Middleton, and William Walter, Esquires, Captain Wal- 
and their pow- ^er Izard, jr., Mr. Andrew Slan, Mr. Joseph Izard, and Mr. Richard Wa- 
ring, shall be commissioners for putting this Act, and every matter and 
thing therein contained, in execution ; any law, statute, usage, or custom 
to the contrary notwithstanding ; and shall be, and they are hereby, in- 
vested with all the powers and authorities, for assessing, collecting, lev}^- 
ing and receiving, from the several persons hereby made liable to defray 
the expense of repairing the said bridges, the several sums that shall, on 
them, be respectively assessed, as are or have been given by any Act of 
the General Assembly of this Province, to the inquirers and collectors of 
the taxes, for assessing, collecting, and receiving the Provincial or General 
tax ; and shall and may proceed in the same manner for recovery of the 



OF SOUTH CAROLINA. 133 

Xctx relating to Roads, Bridges and Femes. A.l). l/ll. 

same, from all and every person and persons wlio shall neglect or refuse to 
pay the part on them respectively assessed by the said commissioners. And 
the said commissioners arc hereby further empowered to raise any sum not 
exceeding twenty pounds, ])roclamation money, more than may be want- 
ing at an assessment, to be kept as a fund for repairing tlie said bridges on 
any emergent occasion. 

IV. And he it further enacted by the aiilhority aforesaid, That in case 

of the death, absence or refusal to act, of any one or more of the said Vacancies, 
commissioners, such vacancy shall be filled up by the general board of com- 
missioners for the said parish, in the same manner as other commissioners 
are directed to be chosen, by an Act entitled "An Act to em.power the 
several commissioners of the high roads, private paths, bridges," &;c. rati- 
fied the fifteenth day of September, one thousand seven hundred and 
twenty-one. 

V. And be it further enacted by the authority aforesaid, That incase 

the said commissioners, or either of them, or any other person acting under General issue 
them, shall be sued for any act, matter or thing, by them done in pursu- may be plead- 
ance of the directions of this Act, it shall and may be lawful for them and '^^ 
every of them, to plead the general issue, and to give this Act and the 
special mattei in evidence. 

VI. K7id he it further enacted by the authority aforesaid, That an Act 

of the General Assend^ly of this Province, entitled "An additional and ex- Act No. 092, 
planatory Act to an Act entitled An Act to empower the several commis- 'c'^'X'^'l ^^"^^ 

• r> I , ■ 1 , • ,1-1 I II continued. 

sioners of the high roads, private paths, bridges, creeks, causeys, and cleans, 
ing of water passages, in this Province of South Carolina, to alter and lay 
out the same, for the more direct and better convenience of the inhabi- 
tants thereof," passed the third day of July, in the year of our Lord one 
thousand seven hundred and forty-one ; and every article, matter and thing 
therein contained, shall, and is hereby declared to be, revived and continu- 
ed for the term of ten years from the time of passing this Act, and from 
thence to the end of the next session of the General Assembly after, and no 
longer. 

WM. BULL, Jr. Speaker. 

In the Council Chamher, the 29t7i day of May, 1744. 

Assented to: JAMES GLEN. 



AN ACT iMPowERiNG Commissioners to finish and continue cer- No. 711. 
TAIN Roads alre'ady laid out, for the convenience of the in- 
habitants residing between Saltcatcher and Pocataligo Ri- 
vers. 

WHEREAS, divers of the inhabitants of St. Helena parish, 'living 
about Saltcatcher, have, by their petition to the General Assembl}', set forth 
the great inconvcniencies of their having no established road to church, 



134 STATUTES AT LARGE 

A. D. 17J4. Acts relahrig to Roads, Bridges and Ferries. 

convenient landing or muster-field, praying relief in the same. We there- 
fore pray your most sacrod Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esq., Captain. General, 
rovf. •. K„n 1= Governor and Commander-in-chief, in and over his Majesty's Province 
to be com- of South Carolina, by and with the advice and consent ot his Majesty s 
pleted. Honorable Council, and the Assembly of this Province, and by the autho- 

rity^ of the same. That the commissioners hereinafter named shall be, and 
are hereby, empowered to finish and amend a road already laid out, from ai' 
bluff" on Combehee river, commonly called Ellis\s Bluff", to the causey on 
the north side of Pocataligo river ; and also, to finish, amend and continue, 
the road already laid out from the aforesaid road, leading towards the plan- 
tation of the Honorable Joseph Wragg, Esq., on Saitcatcher river, and to 
continue the same as far as the conveniencies of the inhabitants shall re- 
quire the same. 

H. And he it further enacted by the authority aforesaid. That all 
Who to work the male inhabitants from sixteen to sixty years of age, residing above the 
on them. ^^^^ leading from Ellis's Bluff to the causway on the north side of Poca- 

taligo river, and between the said river and the south branches of Saitcatch- 
er river, shall be employed in making and repairing the aforesaid roads, and 
be exempt from working on any other roads already laid out ; any former 
law, usage or custom, to the contrary in any wise notwithstanding. 

HI. And he it further enacted by the authority aforesaid, That Joseph 
Commissioners Butler, Alexander Moon, and William Buchanan, be, and they are hereby 
and their pow- appointed, commissioners for putting this Act in execution ; and shall be un- 
^^^' der the same regulations and penalties, and have the same powers and au- 

thorities, as are given to the commissioners- of the high-roads by an Act 
entitled "An Act to impower the several commissioners of the high-roads, 
private paths, bridges, creeks, causways, and for cleansing of water-passages, 
in the Province of South Carolina, to alter and lay out the same, for the 
more direct and better conveniency of the inhabitants thereof," passed the 
fifteenth day of September, one thousand seven hundred and twenty-one, 
or by any other Act of the General Assembly of this Province. 

WM. BULL, Jun., Speaker. 

In the Council Chamber, the 9th day of May, 1744. 

Assented to: JAMES GLEN. 



OF SOUTH CAROLINA. 135 

Acts relating to Roads, Bridges and Ferries. A. I). 1744, 

AN ACT roK huilding a Bridge ovkk the nohth BRA?f(;u of Black ^"- '^°' 

RiVEK, OITOSITE TO THE LaNUING OF JoHN WaLLIS, Esa , DECKAS" 
ED, IN TUB PARISH OF PbINCE GeOROE WiNYAW ; AND FOR BUILD- 
ING A Bridge between Lady's Island and St. Helena's Island, 
IN Granville county, from the Causways already begun to be 

MADE OVER THE MaRSHES ON THE SAID IsLANDS. 

WHEREaS, the building a bridge over the nortli branch of Black ri- 
ver, opposite to the landing of John Wallis, Esq., deceased, in the parish Preamble. 
of Prince George Winyaw, and the building a bridge between Lady's Isl- 
and and St. Helena's Island, in Granville county, from the causeys alrea- 
dy begun to be made over the marshes on the said islands, will be of great 
convenience and advantage to the inhabitants of the said parishes, as well 
as to others travelling in those parts. We therefore humbly pray his most 
sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esq., Governor-in-chief 

and Captain-General in and over this his Majesty's Province of South Ca- Bridge over 
rolina, by and with the advice and consent of his Majesty's Honorable Black River. 
Council and the Assembly of this Province, and by the authority of the 
same, That Anthony White, Edward Handlin, John White, William Flem- 
ing, and John McKever, be commissioners, and shall be, and they are 
hereby, authorized and required, as soon as conveniently may be, after the 
passing of this Act, to build, or cause to be built and erected, a good and 
substantial bridge over the north branch of Black river, opposite to the 
landing of John W^allis, Esq., deceased, in the parish of Prince George 
Winyaw. And that Richard Capers, John Cowen, and Jonathan Norton, From Lady's 
be commissioners, and shall be, and they are hereby, authorized and re- t<^J^t- Helena's 
quired, as soon as conveniently may be, after the passing of this Act, to 
build, or cause to be built and erected, a good and substantial bridge be- 
tween Lady's Island and St. Helena's Island, in Granville count}^, from the 
causeys already begun to be made over the marshes in the said islands. 

II. And for defraying the charge and expense of building and erecting 

the said bridges ; Be it further enacted by the authority aforesaid. That the As-sessment. 
said commissioners, respectively, or a major part of them, shall have power, 
and they are hereby empoMered, to tax and assess all the male inhabitants 
and male slaves within the parishes respectively where the said bridges 
are to be built, from sixteen to sixty years of age, in order to raise a suffi- 
cient sum of money to finish and complete the said bridges, respectively ; 
and that the commissioners for building a bridge over the north branch of 
Black river, and the commissioners for building a bridge between Lady's 
Island and St. Helena's Island, shall, respectively, have, and they are by powers of 
this Act declared to have and be invested with the same powers and au- commissioners, 
thorities, for taxing, assessing, raising and levying so much money as will 
finish and complete the building of the said bridges, respectively, as the 
several commissioners of high-roads or public paths have by virtue of an 
Act entitled "An Act to impower the several commissioners of the high- 
roads, private paths, bridges, creeks, causeys, and cleansing of water-pass- 
ages, in this Province of South Carolina, to alter and lay out the same, for ^ 
the more direct and better conveniency of the inhabitants thereof," passed 
the iiftecnlh day of September, in the year of our Lord one thousand seven 
hundred and twenty- one, or by virtue of any other Act or Acts of the 
General Assembly of this Province. 



136 STATUTES AT LARGE 

^' '-*' ^' '''• Acts relating to Roads, Bridges and Ferries. 

. , . III. And be it further enacted by the authority aforesaid, That the said 

declared luib- bridge directed by this Act to be made over the north branch of Black ri- 
I'c. ver, and the said bridge to be made between Lady's Island and St. Helena's 

Island, when the same shall be finisiied, shall be, and are hereby declared 
to be, public bridges, and shall from thenceforward be, respectively, re- 
paired and kept in repair as other the public bridges of this Province are, 
or by law ought to be, repaired or kept in repair. 

IV. And he it further enacted by the authority aforesaid. That in case 
General issue ^"- action or suit shall be brought, sued or prosecuted, against the said se- 
jiiay be plead- veral commissioners, or any or either of them, ox any other person or per- 
^'^' sons whoever, for any matter or thing by them, or any or either of them, 

done, or to be done, by virtue of or in pursuance of the direction of this 
Act, it shall and may be lawful to and for the said commissioners and other 
persons to plead the general issue, and give this Act and the special matter in 
evidence ; and in case the plaintifi" or plaintiffs shall discontinue, become 
non-suit, or a verdict shall pass against them, the court in which such ac- 
tion shall be sued or commenced, shall tax and allow to every such defen- 
fendant or defendants his and their double costs of suit, and for which the 
said defendants shall have like remedy as by law is given to other defen- 
dants. 

WM. BULL, Jr. Speaker. 

In the Council Chavther, the 2Qth day of May, 1744. 

Assented to: JAMES GLEN. 



No. 728. AN ACT to impowek the Commissioners of the High-Roads fok 

THE PARISH OK St. JoHN, IN BERKLEY COUNTY, TO MAKE A NEW 

Causey leading to Childsbury Ferry, in the said parish; and 
for cutting a water-passage through certain Lakes at the 
head of Black Mingo Creek, in the parish of Prince Frede- 
rick WiNYAW ; AND to RECTIFY A MISTAKE IN AN AcT OF THE GE- 
NERAL Assembly of this Province, entitled "An Act for build- 
ing A Bridge over the North Branch of Black River, oppo- 
site TO THE Landing of John Wallis, Esq., deceased, in the 
parish of Prince George Winyaw ; and for building a Bridge 
BETWEEN Lady's Island and St. Helena's Island, in Granville 
county, from the Causeys already begun to be made over the 
Marshes on the said Islands.'' 

WHEREAS, the commissioners of the high-roads in the parish of St. 

Preamble John, in Berkley county, have, by their humble petition to the General As- 

sembly, set forth that the causey at Childsbury ferry being very narrow and 

crooked, if the same was made straight the road would be considerably 



OF SOUTH CAROLINA. 137 

Acts relating to Roads, Bridges and Ferries. A.D- 1745. 

shortened ; to the intent, therefore, that the said commissioners may be 
enabled to make the said causey more convenient for travellers, we hum- 
bly pray your most sacred Majesty that it may be enacted, and 

I. Be it enacti'd, by his Excellency James Glen, Esq., Governor-in-chief 
and Captain-General, in and over this liis Majesty's Province of South Ca- Cuusway to 
rolina, by and with the advice and consent of his Majesty's Honorable Child, burry 
Council and the Assembly of the said Province, and by the authority of '''^'■'■>'- 
the same, That the commissioners of the high-roads for the parish of St. 
John, in Berkley county, be, and they are hereby, fully authorized, em- 
powered and required to make a new causey, leading to Childsbury ferry, 
in the said parish, of such width, and in such manner, as they, in their 
discretion, shall think most convenient for the inhabitants of the said pa- __ 
rish. 

H. And be it farther enacted by the authority aforesaid, That the 
expense of making the said new causey, and keeping the same hereafter in Who to work 
repair, shall be defrayed by those persons who by law are obliged to work°" "" 
on and keep the present causey in repair ; any law, statute, usage or cus- 
tom, to the contrary notwithstanding. 

HI. And whereas, several of the inhabitants on Black Mingo Creek, in 
the parish of Prince Frederick Winyaw, have, b}' their humble petition to 
the General Assembly, set forth the great advantage it would be to them 
and others whose lands are adjacent, if the lakes and water-courses in the 
swamp, at the head of the said creek, were made navigable for flats or ca- 
noes, and praying for a law for that purpose. Be it therefore enacted by the 
authority aforesaid, That Thomas M'Keitheu, John M'lver, David Allen, 
Nathaniel Drew, and John M'Cants, be, and are hereby appointed, com- 
missioners for cuttino; and clearino- the lakes and water-courses in the 
swamp at the head of Black Mingo creek aforesaid ; and they are hereby c^nal at the 
fully authorized and empowered to cut and clear the lakes and water-cour- head of Black 
ses in the said swamp, (thai is to say,) from the plantation of Col. Antho- '^^"'g° creek. 
ny White, on the said creek, to the mouth of the run commonly called 
Heathly's Run, and to make the same navigable for flats or canoes, at their 
own proper cost and charge, or at the cost and charge of such person or 
persons as are or shall be willing to contribute thereto ; and in order to re- 
imburse the charge and expense of so doing, it shall and may be lawful to 
and for the said commissioners, or such person as they or the majority of 
them shall appoint, to ask, sue for, demand, levy, recover and receive, of 
and from every person and persons who shall use the said water-passage, 
after the same is cut and finished, the following rates, that is to say : for 
every barrel of rice tiiat shall be put on hoard aa,y boat, flat or canoe, at 
any part of the said water-passage, one shilling, current money ; for every 
barrel of tar, turpentine, pitch, beef or pork, sixpence, current money; 
for every cask of butter, three pence, current money ; and for every bush- 
el of grain, of any sort whatever, one penny, current money. And the 
said commisioners, or such person as the majority of them shall appoint, are 
hereby inipowercd and authorized to take and receive the rates aforesaid, and 
to apply the same to the use of such person and persons as shall have con- 
tributed to the expence of cutting and clearing the said water-passage, un- 
til they be fully reimbursed, and no longer ; and in case any person shall 
neglect or refuse to pay to the said commissioners, or such person as they 
or the majority of them shall appoint, the said several rates aforementioned, 
the same shall and may be recovered as is directed by an Act entitled "An 
additional Act to an Act for the trial of small and mean causes." 
VOL. LX— 18. 



138 



STATUTES AT LARGE 



A, D. 1745. 



Acts relating to Roads, Bridges and Ferries. 



,, . . IV. And be it further enacted by the authority aforesaid, That the said 

to account. commissioners shall, as soon as the work aforesaid shall be perfected by them, 
lay an account of the charge and cost of the same before the commissioners 
of the high-roads in the said parish of Prince Frederick Winyaw ; and 
shall afterwards render an account upon oath, yearly, to them, of the mo- 
neys collected in pursuance of this Act, until the whole charge and cost of 
cutting and clearing the said lakes and water-courses shall be fully de- 
frayed. 

V. And he it further enacted by the authority aforesaid, That in case 
General issue ^^^ action or suit shall be brought, sued or prosecuted, against the said se- 
maybe plead- veral commissioners, or any or either of them, or any other person or per- 



ed, &.C. 



Vacancies. 



Act No. 718 
amended. 



sons whoever, for any matter or thing by them, or any or either of them, 
done or to be done, by virtue of or in pursuance of the direction of this 
Act, it shall and may be lawful to and for the said commissioners and other 
persons to plead the genera! issue, and give this Act and the special matter 
in evidence ; and in case the plaintiff or plaintiffs shall discontinue, be- 
come nonsuit, or a verdict shall pass against them, the court in which such 
action shall be sued or commenced shall tax and allow to every such defen- 
dant or defendants his and their double costs of suit, and for which the 
said defendants shall have like remedy as by law is given to other defen- 
dants. 

VI. And he it further enacted by the authority aforesaid, That incase 
any or either of the said commissioners shall happen to die, refuse to act, 
or depart this Province, it shall and may be lawful for the remaining com- 
missioners to appoint another commissioner or commissioners in the room of 
him or them so dying, refusing to act or departing this Province ; and such 
commissioner or commissioners, so appointed, shall have the same powers 
and authorities, for carrying this Act into execution, as if herein fparticu- 
larly named. 

VII. And whereas, by an Act of the General Assembly, passed the twen- 
ty-ninth day of May, one thousand seven hundred and forty-four, entitled 
"An Act for building a bridge over the north branch of Black River, op- 
posite to the landing of John Wallis, Esq., deceased, in the parish of Prince 
George Winyaw ; and for building a bridge between Lady's Island and St. 
Helena's Island, in Granville county, from the causeys already begun to 
be made over the marshes on the said islands," it is, among other things, 
enacted that certain commissioners therein named do cause to be built a 
bridge over the north branch of Black river, opposite to the landing of John 
Wallis, Esq., deceased, in the parish of Prince George Winyaw. And 
whereas, the aforesaid part of the north branch of Black river is within the 
bounds of the parish of Prince Frederick, and not of Prince George, as 
in the aforesaid Act it is erroniously said to be ; to the end, therefore, that 
the said error may be amended, Be it enacted by the authority aforesaid. 
That the powers granted by the said Act to the commissioners therein 
named, for building a bridge over the north branch of Black river, oppo- 
site to the landing of John Wallis, Esq., deceased, in the parish of Prince 
George W^inyaw, shall be, and are hereby, vested in the said commission- 
ers for building a bridge over the said north branch of Black river, oppo- 
site to the landing of John Wallis, Esq., deceased, in the parish of Prince 
Frederick, Winyaw; any thing in the said Act to the contrary notwith- 
standing. 

WM. BULL, Jr., Speaker. 
In the Council Chamber, the 25th day of May, 1745. 
Assented to: JAMES GLEN. 




OF SOUTH CAROLINA. 

Acts relating to Roach, Bridges and Ferries. 

AN ACT FOR VESTING THR FeRRY OVKR SoUTH EdISTO RiVKR, KNOWN HY No. 732. 
THE NAME OF PaRKEK/'s FeRRY, IN JaNE GrAINOE AND IIER ASSIGNS, FOR 
THE USES AND DURING THE TERM THEREIN MENTIONED ; AND TO IMrOWER 

THE Commissioners appointed by an Act of the General Assem- 
bly TO lay out a Road from the corner of Capt. Johnson's pla:js'. 
TATiON Fence to Stead's (;!reek, instead thereof to make and 
keep in repair a Road from Stead's Creek to the plantation of 
Jeremiah Knott. 



Preamble. 



WHEREAS, an Act of the General Assemhly, passed the eleventh day 
of March, in the year of our Lord one tliousand seven hundred and thirty- 
seven, entitled "An Act for vesting the ferry over South Edisto river, 
known by the name of Parker's Ferry, in Jane Parker, widow, and her as- 
signs, for the term of seven years," is now near expiring ; to the end, there- 
fore, that the said ferry, which is very convenient for transporting travel, 
lers to and from all parts of the southward, may continue to be duly atten- 
ded, we humbly pray your most sacred Majesty that it may be enacted, 
and 

L Be it enacted, by his Excellency James Glen, Esq., Governor-in-chicf 
and Captain-General in and over his Majesty's Province of South Caroli- ^p^^^" ?j jjj"^^ 
na, by and with the advice and consent of his Majesty's Honorable Coun- Grainge. 
cil and the Assembly of this Province, and by the authority of the same. 
That from and immediately after the expiration of the said Act, the said 
ferry over Soutli Edisto river shall be, and is hereby, vested in Jane 
Grainge, heretofore Jane Parker, widow, and relict of John Parker, de- 
ceased, her executors, administrators and assigns, for and during the term 
of seven years, and from thence to the end of the next session of the Ge- 
neral Assembly, to the only proper use and uses hereinafter mentioned, that 
is to say : one third part of the profits of the said ferry to the use of the 
said Jane Grainge, her executors, administrators and assigns, and the rest 
and residue of the said profits to the only proper use and behoof of the 
children of the said Jane, by her said late husband the said John Parker; 
and that it shall and may be lawful to and for tlie said Jane Grainge, her Conditions, 
executors, administrators and assigns, during all that term, to demand, have, 
receive and take, to the uses aforesaid, of and from all and all manner of 
person and persons passing and re-passing at the said ferry, the several 
rates and sums following, that is to say : for every single person ferried 
over at the said ferry, one penny half penny ; for a man and horse, three 
pence ; for a chaise and horse, or cart and horse, one shilling ; for a coach 
or charriot and pair, one shilling and six pence ; for a coach or chariot 
and four, three shillings ; for every head of neat cattle ferried or swam, 
one penny ; for every head of hogs, sheep or calves, ferried or swam, one 
penny, proclamation money, or the value thereof, in the current and law- 
ful money of this Province. 

n. And he it further enacted by the authority aforesaid. That the said 
Jane Grainge, her executors, administrators or assigns, shall be, and they 
are hereby, obliged and required, at the proportional costs and charges of 
the several persons in whom the profits of the said ferry are vested by this 
Act, during all the time aforesaid, to find, provide and keep, a good, large, 
sound, tight and sufficient ferry-boat or boats, with a stage or entering 



140 STATUTES AT LARGE 

A. D. 1745- jif.fg relating to Roads, Bridges and Ferries. 

board, for the convenience of horses passing in and out, for transporting 
men, horses, cattle, coaches, chariots and chaises, over the said ferry ; and 
shall also find and provide two able and sufficient persons to row in the 
boat, with one white man, who shall constantly attend the said ferry, as 
well by night as by day, to ferry over all passengers, their servants, slaves, 
horses and carriages, when and as often as there shall be occasion. 

III. And he it further enacted by the authority aforesaid, That in case 
Penalty for any person or persons coming to the said ferry, in order to pass over the 
neglect, same, shall meet with unreasonable delays, or be retarded in their passage 

over the said ferry, she, the said Jane Grainge, her executors, administra- 
tors and assigns, shall forfeit and pay, for every such offence, to the person 
and persons so delayed, for the first hour, the sum of eight shillings, and 
for every hour after, the sum of four shillings, proclamation money, or the 
value thereof in current money, to be recovered before any of his Majesty's 
justices of the peace for Colleton county, in the same way and manner as 
is directed for recovery of debts by the Act for the trial of small and mean 
causes. Provided^ that such person and persons so delayed shall make his, 
her or their complaint, and prosecute the same to efiect, within ten days 
after such delays shall happen, and at no time after. And for the conve-^ 
niency and shelter of persons coming to the said ferry, from the inclemen- 
cy of the weather, the said Jane Grainge, her executors, administrators and 
assigns, shall be obliged to build and keep in repair, during all the said 
term, a shed sufficient to shelter travellers from rain and the sun, twenty 
feet long and twelve feet wide, on the east side of the said ferry. 

IV. And he it further enacted \)y the authority aforesaid. That the Go- 
^, ^ vernor of this Province for the tiine being, all ministers of the gospel, and 
the ferry free, all persons going to and from places of divine worship, and all persons go- 
ing to and from musters of the militia, and all persons in times of alarm ^ 
and all expresses or messengers sent in the service of the government, be, 
and they are hereby, exempted from paying any ferriage at the said ferry 
for passing and re-passing the same, by themselves, their servants and hor- 
ses; any thing hereinbefore contained to the contrary thereof in any wise 
notwithstanding. 

V. And he it furtlier enacted by the authority aforesaid. That the said 
Ferrv-boats to •^'^"*^' Grainge, her executors, administrators and assigns, shall be, and they 
be provided in arc hereby, obliged to provide the said ferry boat or boats in good and suf- 
Bix months. ficient order, within six months next after the said ferry shall come into the 

hands and possession of the said Jane Grainge, by virtue of this Act, un- 
der the penalty of forfeiting the sum of twenty pounds, proclamation mo- 
ney, to be recovered by action of debt, bill, plaint or information, in any 
court of record in this Province, wherein no privilege, protection or wager 
of law, shall be admitted or allowed ; which said forfeitures shall be applied, 
the one half to his Majesty, for the use of the parish of St. Bartholomew, 
and the other half to him or them that will inform or sue for the same. 
Provided, ahmys, that such suit shall be commenced within six months af- 
ter such forfeiture incurred, and at no time after. 

VI. Whereas, by an Act of the General Assembly, passed the third day 
of July, one thousand seven hundred and forty-one, entitled "An Act to 
appoint commissioners to lay out a road from the corner of Capt. Johnson's 
plantation fence, north-westward to Stead's creek, and from thence west- 
ward, so as may best suit the lands lying on Edisto river, and to impower 
the said commissioners to continue the said road to the line of Orangeburg 



OF SOUTH CAROLINA. 141 

Acts relating to Roads, Bridges and Ferries. A. I). l7io. 

township, or to lay out any by-road or roads into the said road,'' it is enac- 
ted that the commissioners thereinafter named be impowcred and required 
to lay out, make and keep in repair, a road to lead from the corner of Gapt. 
Thomas Johnson's plantation fence, north-westward to Stead's creek, and 
from thence westward, so as may best suit the lands lying on Edisto ri- 
ver : and whereas, by an humlile petition from the said commissioners to 
the General Assembly, it appears that a road may be laid out much shorter, 
and also more useful and convenient for the inhabitants : Be it therefore 
enacted by the authority aforesaid, That it shall and may be lawful for the Act No. 691 
said commissioners, and they are hereby em|)owered and required, instead''"^''" 
of the said road intended to be made from Captain Johnson's plantation 
fence to Stead's creek, to alter, lay out, make and keep in repair, a 
road from Stead's creek to the plantation of Jeremiah Knott, and from 
thence to cross the Cypress Swamp, in the line between Mr. John Pos- 
tell and Mr. Benjamin Waring, and to continue in the said line over 
the swamp, till it is intersected by a road which is cut open almost 
to the said line ; any law, usage or custom to the contrary thereof in 
any wise notwithstanding. And the persons who were obliged by the 
above recited Act to make and keep in repair the said road to lead 
from the corner of Capt. Thomas Johnson's plantation fence, shall be 
obliged to make and keep in repair the road by this Act directed to be 
made ; and the commissioners appointed in pursuance of the directions 
of the said Act, shall have all the powers and authorities, for making 
and keeping in repair the road hereby directed to be made, as are gi- 
ven in and by the said recited Act for making the other road and keep- 
ing the same in repair. 

WM. BULL, jun., Speaker. 

In the Council Chamber, the 25th day of May, 1745. 

Assented to : JAMES GLEN. 



AN ACT FOR ESTABLISHING A FeRRY OVER SaVANNA RiVER, AT THE No. 751- 

Garrison OF Fort Moore, in New Windsor, and for vesting the 
SAME IN Cornelius Cook, for the term of seven years ; and for 
establishing a Ferry over Stono River, at the place where 
the Bridge stands, and for vesting the same in Margaret 
Williamson, widow, her Executors, Ad.ministrators and Assigns, 
for the term of three years. 

WHEREAS, the establishing a ferry over the river Savanna, at Fort 
Moore, will be of great use and advantage to the inhabitants, and all other 
persons travelling in those parts — we therefore humbly pray his most sa- 
cred Majesty that it may be enacted, and 

L Be it enacted, by his Excellency James Glen, Esquire, Captain-Gene- 
ral, Governor and Commander-in-chief in and over his Majesty's Province 



142 



STATUTES AT LARGE 



A.I). 17'17. 



Acts relating to Roads, Bridges and Ferries. 



Fort Moore. 



Conditions. 



Toll. 



of South Carolina, by and with the advice and consent of his Majestj^'s 
F rr es' Honorable Council, and the Assembly of the said Province, and by the 

blshed over authority of the same, That a ferry for passengers, horses and cattle, shall, 
Savanna, near from hence forth, be settled and established, from the usuil landing place 
near the Garrison at Fort Moore, in New Windsor, to the place commonly 
called the Sand Bar, in Georgia, lying opposite to the said Garrison; and 
that the right, title, interest, profit, and advantage of the said ferry, shall 
be, and is hereby, vested and settled in Cornelius Cook ; and the said Cor- 
nelius Cook is hereby authorized and empowered to take and receive to 
his own u.se, and to have and enjoy, ail and singular the profits, perquisites 
and advantages whatsoever, to the said ferry belonging or in any wise ap- 
pertaining, or by any means arising or accruing, or which shall arise or 
accrue by or from the same. 

II. And he it further enacted by the authority aforesaid, That the said 
Cornelius Cook shall, and he is hereby required, at his own proper cost 
and charge, constantly to provide, and keep in good repair, a sufficient 
ferry boat or ferry boats, for carrying and transporting over the said river, 
passengers, horses, cattle and goods ; and also, two able men, one of whom 
shall always be a white man, who shall constantly attend the said ferry, at 
all times of the day and night throughout the year, to transport and carry 
over all passengers, horses, cattle and goods, when and so often as they 
shall be required. 

III. Kiid be it further enacted by the authority aforesaid, That it shall 
and may be lawful for the said Cornelius Cook to demand, have, take and 
receive, to his own proper use, by way of toll, the several rates following, 
that is to say : — for a foot passenger, one sLilling and six pence ; for every 
horse, one shilling ; for neat catt'e, by the head, one shilling ; for trans- 
porting goods, every hundred weight, one siiilling ; for hogs or sheep, by 
the head, six pence, in the current money of this Province ; for which 
several rates and sums, the said Cornelius Cook, after demand and refusal 
of the same, may detain in his custody the goods of any person so refusing 
to pay the same, until satisfaction shall be made for the said rates and 
sums becoming due as aforesaid ; and on such detainer, to apply to any of 
his Majesty^s justices of the peace, who are hereby authorized and em- 
powered, on such application, to issue a warrant of distress against the 
goods and chattels of such person, and to cause the said rates and sums to 
be levied by sale of the said goods, returning the overplus, if any, to the 
owner ; provided, always, that all Indians and all persons in the public 
service, shall and may pass the said ferry gratis. 

IV. And he it further enacted by the authority aforesaid, That in case 
any passenger or other person who has occasion to pass over the said 
river at the places hereinbefore mentioned, shall meet with unreasonable 
delays, or be retarded for want of the said ferry boat or ferry boats, or the 
persons who are hereby appointed and required to attend them, the said 
Cornelius Cook shall forfeit and pay, for every such delay, to the party 
grieved, the sum of twenty shillings, and the further sum of twenty shil- 
lings for every hour afterwards that any such person shall be so delayed ; 
which sum or sums shall and may be recovered, on oath made of such de- 
lay, by a warrant from any one justice of the peace, who, on complaint to 
him made, shall hear and determine the same according to the directions of 
the Act for trial of small and mean causes. 

V. Kndhe it further enacted by the authority aforesaid, That in case 
the said Cornelius Cook shall happen to die or renrtove from Savanna town 



Penalty for 
neglect. 



OF SOUTH CAROLINA. 143 

Acts relating to Roads, Bridges and Ferries. A. 1). 1747. 

before the expiration of the said seven vears, then the Governor, Licuten- 

. .,1 ¥^ ■ 1 J /-, 1 • I ■ r £• ii • T> f iU Owner of fiirry 

ant-Governor, President or CoMimander-in-chict ot this rrovince tor the j^,i„g ^^ remo- 

time being, shall, and he is herel)y empowered to, nou)iiuite and appoint aving. 

fit and proper person to have the care and management of the .said ierry 

for the remainder of the said term ; and the person so to be nominated and 

appointed, sliall have all the advantages, percpiisites and profits, and slialJ 

be liable to the same penalties and forfeitures, as the said Cornelius 

Cook is. 

VI. And xohereas, .several of the inhabitants of the parish of St. Paul, 

and several of the inhabitants of John's Island and Wadmalaw Island, byp^^^^^^j^_ 
their humble petitions to the General Assembly, have set forth that a bridge blishe.l at Sto- 
known by the name of Stono Bridge, leading tVora the said parish of Saint "o Hri.lge. 
Paul to John's Island aforesaid, had been a burthensome expense to the said 
inhabitants of the parish of Saint Paul, and to the inhabitants of the parish 
of Saint John, in Colleton county, as the said bridge had been frequently 
battered down by large boats passing under the same ; that the .said 
bridge was so much gone to decay, that it had been impassable for a consi- 
derable time, and that the same could not be remedied without building a 
new one, the which would create so great an expense, that the ])etitioners 
were not able to defray the .same; and humbly pray that a ferry might be 
established at or near the place where the said bridge stands. Be it there- 
fore enacted by the authority aforesaid, That a ferry shall be, and is here- 
by, established at the place where the said bridge now stands, for the con- 
venience of all travellers passing and re-passing the same. 

VII. And be it further enacted by the authority aforesaid, That the 
commissioners of the hijih roads, in whose division the said Stono Bridge -i^^"^^?!"?"'' 

1111 I 11111 1 ii -1 . . " lor building 

stands, shall cause the same to be pulled down ; and the said commission- ^oat, &c. 
ers shall be, and they are hereby, fully authorized, empowered and requi- 
red, within three months after the passing of this Act, to rate, asses and 
levy, on the several persons who were subject and liable to defray the ex- 
pense of keeping the said bridge in repair, and at the same rate and pro- 
portion, so much money as will be sufficient for the building of a conveni- 
ent boat for the use of the said ferry, and for the making a good and suffi- 
cient causey and landing place on John's Island aforesaid. 

VIII. Knd be it further enacted by the authority aforesaid. That the 
following rates shall be paid to the person in whom the said ferry is hereaf- 
ter vested, by all persons passing the same, that is to say: — for every 
person, one shilling and three pence; for a horse, one shilling and three 
pence; for cattle, per head, ferried or swam, two shillings and six pence ; 
for every- chaise or chair and horse, or cart and horse, ten shillings. 

IX. And be it further enacted by the authority aforesaid, That the said 

ferry shall be vested in Margaret Williamson, widow, her executors, ad- Vested in M. 
ministrators and assigns, for and during the term of tliree years from the ^^ I'hamson. 
time of passing this Act, and from thence to the end of the next session of 
the General Assembly ; lyrovided always, nevertheless , and be it further 
enacted by the authority aforesaid. That nothing in this Act contained 
shall extend or be construed to extend to hinder the said commissioners 
from building a new bridge at the place aforesaid, at the end and expiration 
of the said term of three years ; any thing herein to the contrary notwith- 
standing. 

X. A7id be it further enacted, That the ferry boat herein directed to be 
built, shall be put in the possession of the said Margaret Williamson, for the 



144 STATUTES AT LARGE 

A. D. 1747. ^cts relating to Roads, Bridges and Ferries. 

use of the said ferry, and for no other use whatever, and by her shall be 
constantly kept in repair. 

XI. And he it further enacted hy the authority aforesaid, That the said 
Conditiorif!. Margaret WilHamson, her executors, administrators and assigns, shall, du- 
ring all the time aforesaid, find two able and sufficient persons to row in 
the said boat, who shall constantly attend the said ferry, as well by night as 
by day, to ferry over all passengers, when and as often as there shall be 
occasion ; and in case any person or persons coming to the said ferry in 
order to pass over the same, shall meet with unreasonable delays, or be 
retarded in their passage over the said ferry, she, the said Margaret Wil- 
liamson, her executors, administrators and assigns, shall forfeit and pay 
for every such delay, to the party grieved, the sum of twenty shillings, and 
the further sum of twenty shillings, for every hour after, that such i>erson 
shall be delayed ; to be recovered before any of his Majesty's justices of 
the peace for Colleton county, in the same way and manner as is directed 
for the recovery of debts by the Act for the trial of small and mean causes. 

HENRY MIDDLETON, Speaker. 

In the Council Chamber, the \Zth day of June, 1747. 

Assented to: JAMES GLEN. 



No. 757. AN ACT to nominate and appoint Commissioners of the High- 
ways IN THE upper settlements ON PeDEE, WaCCAMAW, AND BlACK 

Rivers, with power to establish Ferries at such convenient 

PLACES, within THE SEVERAL DISTRICTS THEREIN MENTIONED, AS THE 
MAJORITY OF THE COMMISSIONERS OF THE SAID RESPECTIVE DISTRICTS 
SHALL DIRECT ; AND TO APPOINT HiGHWAY AND BrIDGE CoJIMISSION- 

ERS FOR Sax Gotha Township. 

WHEREAS, the upper settlements on Pedee, Waccamaw, and Black 
Preamble, rivers, are very extensive and remote from each other, by reason whereof 
it will be convenient to divide the same into several districts, under several 
sets of commissioners, to the end that the making and repairing of high- 
ways and causeys in those parts may be better attended to and performed ; 
we therefore pray his most sacred Majesty that it may be enacted, and 
\. Be it enacted, by his Excellency James Glen, Esq., Governor-in- 
. chief and Captain-General in and over his Majesty's Province of South 
established. Carolina, by and with the advice and consent of his Majesty's Honorable 
Council, and tbe Commons House of Assembly of the said Province, and 
by the authority of the same, That the lands situate upon or near to Pedee, 
First district. Waccamaw and Black rivers, shall be, and they are hereby, divided into 
the five several districts hereinafter described and ascertained ; whereof 
the first shall contain all that neck of land lying between great Pedee and 
little Pedee rivers, from the mouth of little Pedee northward to Catfish 



OF SOUTH CAROLINA. 145 

Acts relativg to Roads, Bridges and Ferries. A. I). 1741. 

Creek ; and Francis Breton, Isaac Secare, and John Jordan, shall be, and 
they are hereby appointed, commissioners of the highways for the said first 
district. 

II. \nd he it further enacted by the autl»ority aforesaid, That the 

second district shall contain all that part of the Parish of Prince George Sgj.o„jjjgj^ij.j^ 

lying between little Pedee and Waccamaw rivers, from the upper thorough 

fare to the Province lino, including the township of Kingston ; and that 

George Sterrat, Thomas IJrovvn, and Jeremiah Vareen, shall be, and tlicy 

are hereby appointed, commissioners of the highways for the said second 

district. 

III. And be it further enacted by the authority aforesaid. That the third 

district shall comprehend the settlements on the eastern side of great Pedee Third district. 
river, extending from the Province line, south-eastward to Catfish Creek; 
and that William Colt, William James, Abraham Colson, Malachi Morphy, 
and Jacob Buckholts, shall be, and they are hereby appointed, commis- 
sioners of the highways for the said third district. 

IV. And he it further enacted, by the authority aforesaid. That the 

fourth district shall contain the lands situate on the south-west side of great Fourth district. 
Pedee river, from Lynches Creek northwestward to the bounds of the 
Province ; and that James Gallispie, Francis Young, John Dexter, Samuel 
D'Sorrency, and Thomas Elleby, shall be, and they are hereby appointed, 
commissioners of the highways for the said fourth district. 

V. And he it further enacted by the authority aforesaid. That the fifth 

district shall comprehend the township of Williamsburgh, and such part of pjj-j|j jjg„igt 
the Parish of Prince Frederick as lies on Black river, extending from the 
said township to a place called Pine-tree Creek ; and that Roger Gibson, 
William Young, William Frierson, Isaac Brunson, John Liviston, Roger 
Gorden, Robert Wilson, John Jones, and John Allen, shall be, and they are 
hereby appointed, commissioners of the highways for the said fifth district. 

VI. And he it further enacted by the authority aforesaid. That the 

several commissioners appointed by this Act shall have and exercise, ^9^^?''°°'^'^°™ 
within their respective districts, all and singular the powers and authori- 
ties which are given to and vested in the several commissioners of the 
highways, nominated and appointed in and by an Act of the General 
Assembly of his Province, made and passed the fifteenth day of September, 
one thousand seven hundred and twenty-one, entitled, " An Act to impower 
the several commissioners of the high-roads, private paths, bridges, creeks, 
causeys, and cleansing of water-passages, in this Province of South 
Carolina, to alter and lay out the same, for the more direct and better 
conveniency of the inhabitants thereof;'' and shall themselves be liable to, 
and authorized to inflict on others, the same penalties and forfeitures im- 
posed and created by the Act aforesaid. 

VII. Knd he it further enacted by the authority aforesaid. That the 
commissioners hereby appointed shall meet for the dispatch of business, at When to meet, 
such place within their respective districts as the majority of them shall 

from time to time appoint for that purpose, at least twice in every year, 
to wit : on Easter Monday and the first Monday in August ; and the said 
commissioners shall have succession, in the same manner as is prescribed 
and directed in the aforesaid Act for the succession of the commissioners 
thereby appointed. 

VIII. And he it further enacted by the authority aforesaid. That it shall 
and may be lawful for the said several boards of commissioners hereby 
appointed, to establish one or more ferries, at such place or places within 
their respective districts, as shall from time to time be aereed on for that 

VOL. IX— 19. 



146 STATUTES AT LARGE 

A. D. 1747. Jif-ts relating to Roads, Bridges and Ferries. 

. . purpose by the major part of the commissioners for each district ; and they 
Commissioners' . {. .. • i i • ■ . , , •., ^ 

may establish ^'"^ hereby authorized and impowered to contract with any person or 

lerries. persons to attend and keep such ferry or ferries, at any rates or prices for 

the trani-portation of men, horses, cattle and carriages, not exceeding the 

rates and prices Hmited for the same services by any of the ferry Acts now 

in force in this Province ; and all and every person and persons who shall 

contract with the said commissioners to attend and keep such ferry or 

ferries as aforesaid, shall be subject to the same penalties and forfeitures 

for neglect and delays, as are contained in an Act of the General Assembly 

of this Province, entitled " An Act for vesting the ferry over Ashley river in 

Elizabeth Bellinger, Widow, her executors, administrators and assigns, for a 

term of years therein mentioned," made and passed the twenty -sixth day of 

March, one thousand seven hundred and forty-one ; provided, always. That 

the proprietors of the land where any such ferry shall be established, shall 

have the preference of keeping the same, if they shall think fit. 

IX. And whereas, it has been represented to the General Assembly, by 
Road to the petition in behalf of the inhabitants of Saxe-Gotha township, that there are 
Congrees. no commissioners of high-roads appointed for the said township, whereby 

the highways in many places are become impassable. And ivhereas, the 
pat!) leading from the uppermost limits of St. John's Parish (near Hearn's 
BlufT) to the Congrees, formerly opened at the public expence, for the 
benefit of the inhabitants of His Majesty's new settled townships in those 
pa.rts, is now become in very bad repair, whereby carters, wagoners and other 
travellers meet with great interruption : for remedy whereof for the future. 
Be it further enacted by the authority aforesaid. That the said road or 
path shall be hereafter kept in repair, and altered or straitened, as the 
commissioners hereinafter named shall from time to time find it necessary ; 
and which commissioners shall make and continue the said path to the 
uppermost limits of Saxe-Gotha, otherwise called the Congree township. 

X. And he it further enacted by the authority aforesaid. That the labour 
on the said path shall be divided as follows, to wit : That part thereof 

on it *° ^ from the uppermost limits of St. John's Parish, to the uppermost limits of 
Ameiia township, shall be made and done by the inhabitants of Amelia 
township, and by all the settlers lying between that path and Santee river, 
from the lower part of Amelia township to the limits of St. John's Parish 
aforesaid ; and all the settlers lying between the said path and Four-hole 
Swamp, down to and upon a branch commonly called Providence (those 
within the limits of Orangeburgh township only excepted) shall also work 
upon the same. 

XI. And he it further enacted by the authority aforesaid, That that part 
of the said path from the uppermost part of Amelia township, to the upper- 

• most pa't of Saxe-Gotha township, shall be done and performed by the 

inhabitiints of Saxe-Gotha township, and by those persons lying between 
Saxe-Gotha and Amelia, together with any other person that shall or may 
settle between that path and the north-west branch of Edisto river. 

XII. And he it further enacted by the authority aforesaid, That Stephen 
Commissioners Q.-eU and George Haig, Esqrs., Mr. Daniel Schyder, Herman Geiger, 

Philip Raiford, Jacob Remansperger, Moses Thompson, William Heatly, 
and Charles Russel, be, and they are hereby nominated and appointed, 
commissioners for the said high-road or path herein last before mentioned, 
and for building, repairing and keeping up the bridges and causeys thereon ; 
and they, and a majority of them, shall have the same powers and authori- 
ties, for making, amending and keeping in repair the said road and path, and 




OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 

all and singular the bridges and causeys thereon, as the commissioners of 
the high-roads in any other district in this Province have, by any laws of 
this Province. 

XIII. And be it further enacted by the. authority aforesaid, That thisLjy^jjj^jjyjj 
Act shall be in force for and during the term or space of seven years, and 
from thence to the end of the next Session of the General Assembly, and 
no longer. 

HENRY MIDDLETON, Speaker. 

In Oie Council Cluimber, the ISth day of June, 1747. 

Assented to; JAMES GLEN. 



AN ACT FOR ESTABLISHING A FeRBY OVER CoOPER RiVER, FR03I THE No. 766. 

Plantation of Henry Gray, in Christ Church Parish, to Char- 

LESTOWN, and FOR VESTING THE SAID FeRRY IN THE SAID HilNRY 

Gray, his Executors, Administrators and Assigns, for the 

TERM OF seven YEARS : AND FOR SETTLING THE RaTES OF FERRIAGE 

AT THE Ferry established over the Western Branch of the 
SAID Cooper River, at a place commonly called the Straw- 
berry, AND FOR VESTING THE SAID FeRRY IN LyDIA BaLL, HER 

Executors, Administrators and Assigns, for the term of seven 

YEARS : AND FOR BUILDING A BrIDGE OVER BlACK RiVER, AT OR NEAR 
THE PLACE CALLED THE KiNG's TrEE, IN THE PaRISH OF PrINCE 

Frederick. 

WHEREAS, *.he establishing a ferry over Cooper river, from the plan- 
tation of Henry Gray, in the parish of Christ Church, to Charlestown, 
will be very convenient for travellers to and from the northern parts of this 
Province — we therefore humbly pray his most sacred Majesty that it may 
be enacted, and 

I. Be it enacted, by his Excellency Jaines Glen, Esq., Governor-in-chief 

and Captain-General, in and over his Majesty's Province of South Carolina, pg^rv over 

by and with the advice and consent of his Majesty's Honorable Council Cooper river, 

and the Coninions House of Assembly of this Province, and bv the au- '^J ^\ ^.'^^ ^ 

•' , I'"!!. plaataiion. 

thority of the same, Tliat a ferry tor passengers, horses, chaises and chairs, 
shall be, and is hereby, established over Cooper river, from the plantation 
of the said Henry Gray, late belonging to Peter Villepontoux, in Christ 
Church parish, to Charlestown ; and tliat the right, title, interest, profits 
and advantage of the said ferry, shall be, and is hereby, vested in the said 
Henry Gray, his executors, administrators and assigns, for and during the 
term of seven years from the time of passing this Act ; and the said Hen- 
ry Gray, his executors, administrators and assigns, shall be, and he and 
they is and are hereby, fully authorized and impowered to take and receive, 



148 STATUTES AT LARGE 

A. D. 1748. J^cts relating to Ptoads, Bridges and Ferries. 

to his and their own proper use and behoof, and to have and enjoy, all and 
singular the profits, perquisites and advantages whatsoever, to the said ferry 
belonging, or in any wise appertaining, or by any means arising or accru- 
ing, or which shall arise or accrue, by or from the same. 

II. And he it further enacted by the authority aforesaid, That the 
Duty of ferrv- ^^^^ Henry Gray, his executors, administrators and assigns, shall be, and 
man". " he and they is and are hereby, required, at his and their own proper cost 

and charge, constantly to provide and keep in good repair, a sufficient fer- 
ry boat or ferry boats, for carrying and transporting over the said river all 
passengers, horses, chaises and chairs, and also a sufficient number of men, 
of which one shall be a white man, who sball constantly attend the said 
ferry, at alljimes of the day and night throughout the year, to transport and 
carry over all passengers, horses, chaises and chairs, when and so often as 
thereunto required. 

III. And be it further enacted by the authority aforesaid, That it shall 
Tq]], and may be lawful for the said Henry Gray, his executors, administrators 

and assigns, to demand, take and receive, to his and their own proper use, 
by way of toll, the following rates, that is to say : for a foot passenger, two 
shillings, proclamation money ; if more than one, eighteen pence, procla- 
mation money, apiece ; for man and horse, four shillings, proclamation 
money ; for a single horse, four shillings, proclamation money ; if more 
than two horses, three shillings for each ; for a chaise or chair, four shil- 
lings, like money ; for every head of grown cattle, four shillings, like mo- 
ney ; and if more than two head, three shillings, like money, for each. 
All which rates shall be paid, according to the value, in the current money 
of this Province. 

IV. Knd he it further enacted by the authority aforesaid. That in case 
Penalty for any person who hath occasion to pass over the said river shall meet with 
neglect. unreasonable delay at the said ferry, or be retarded for want of the said 

ferry boat or boats, or the persons hereby required to attend the same, the 
said Henry Gray, his executors, administrators or assigns, shall forfeit and 
pay the sum of eight shillings, proclamation money, or the value thereof in 
currency, for every such delay, to the party grieved, to be sued for and re- 
covered as is directed by the Act for the trial of small and mean causes, 
and for repealing the several Acts now in force which relate to the recove- 
ry of small debts. 

V. And be it further enacted by the authority aforesaid. That the fol- 
Toll at Straw- lowing rates shall be paid to the person in whom the ferry over the western 
bnr^- terry, branch of Cooper river, commonly called the Strawberry Ferry, is hereaf- 
ter vested, by all the persons passing the same, that is to say: for every 
foot passenger, three pence, proclamation money ; for every horse, three 
pence, like money ; for cattle, per head, ferried or swam, two pence, like 
money ; for every chaise or chair, one shilling, like money ; for every cart, 
one shilling, like money ; which rates may be paid according to the value 
in the currency of this Province. 

VI. And he it further enacted by the authority aforesaid, That the said 
Vestef] in Ly- ferry shall be, and is hereby, vested in Lydia Ball, her executors, adminis- 
diaBall. trators and assigns, for and during the term of seven years from the time 

of passing this Act; and the said Lydia Ball, her executors, administrators 
and assigns, shall, during the said term, find, provide and keep, a good, 
large, sound, tight and sufficient ferry-boat or boats, with a stage or enter- 
ing-board for the convenience of horses passing in and out, for transporting 
men, horses, cattle, chaises, chairs and carts, over the said ferry ; and shall 



OF SOUTH CAROLINA. 149 

Act!> relating to Roads, Bridges and Ferries. A.I). I74R. 

also find and provide two able und sufficient persons to row in the boat, who 
shall constantly attend the said ferry, as well by night as by day, to ferry 
overall persons, their servants, slaves, horses and carriages, when and us 
often as there shall he occasion. 

VII. And he it further enacted by the authority aforesaid, That in case 
any person shall meet with unreasonably delay, or be retarded in their pg,|jj|, j-^j. ^^^^ 
passage over the said Strawberry ferry, the said Lydia Ball, her executors, gleet, 
administrators and assigns, shall forfeit and pay for every such oftence, to 
the person so delayed, for the first hour, the sum of eight shillings, procla- 
mation money, and for every hour afier, the sum of four shilhngs, like 
money, to be recovered before any of his Majesty's justices of the peace 
for Berkley county, according to the direct ions of the Act above mentioned. 

YIII. knd he it farther enacted by the authority aforesaid. That all 
persons going to and irom places oi cUvine worship, and to and rrom mus- cee. 
ter of the militia, and all persons in time of alarm, be, and they are hereby, 
exempted from pa3'ing any ferriage at the said Strawberry ferry. 

IX. And ivhereas, it is necessary, for the ease of passengers and travel- 
lers, and for the more safe and better communication to the northern parts 

of this Province, to build abridge over Black river, in the township of Kjn/3!'ivee. 
Williamsburgh : Be it further enacted by the authority aforesaid. That the 
commissioners hereinafter named and appointed by this Act, shall cause 
to be built and erected, a good substantial bridge over Black river, in the 
township of Williamsburgh, in Prince Frederick's parish, at or near the 
place called the King's-Tree! 

X. And he it further enacted by the authority aforesaid. That the said 

bridge shall be built and erected at the cost, charges and expence of the ^^^^ ,q l^g p^jj 
inhabitants and owners of slaves in the parish of Prince Frederick aforesaid, for. 
to be levied on all the male inhabitants of the said parish, from the age of 
sixteen to sixty ; and the commissioners hereinafter named are hereby 
authorized and impowered and required to make an assessment on all 
and singular the male inhabitants of the said parish of Prince Frederick, 
from the age of sixteen years to the age of sixty, for and towards defrays 
ing the charge and expence of building and erecting the said bridge. 

XI. And be it further enacted by the authority aforesaid, That the said 
commissioners, or the major part of them, shall have, use and e.xercise powers of com» 
the same powers and authorities, in building and erecting the said bridge, missioners. 
and in making the assessment for defraying the charge and expence thereof, 

as the beveral commissioners of the high-roads or public paths have in this 
Province, by virtue of any Act or Acts of the General Assembly. 

XII. And be it further enacted by the authority aforesaid. That Nathaniel 

Drew, John Allen, William Young, John Liviston, William Frierson, (-^ij^ij^jggjgjjg^, 
"William Nelson, and W^illiam James, be, and they are hereby appointed, 
commissioners for building the said bridge over Black river, and for putting 
in force and executing every matter and thing thereunto belonging. 

WM. BULL, Jr. Speaker. 

In the Council Chamber, the 29fh day of June, 1748. 

Assented to: JAMES GLEN. 



150 STA.TUTES AT LARGE 

A. D. 1750. j{cts relating to Roads, Bridges and Ferries. 

No. 774. AN ACT for vesting the Ferry established over Stoxo River, 

AT the place where THE BrIDGE STOOD, IN ThOMAS RoSE AND 

Francis Rose, their Executors, Administrators and Assigns, in 

TRUST FOR THE USE OF THE CHILDREN OF HeNRY WiLLIAMSON, DE- 
CEASED, FOR THE TERM OF SEVEN YEARS ; AND FOR SUSPENDING THE 
POWER OF THE COMMISSIONERS FOR BUILDING A BrIDGE AT THE 

said place, during the said term; and for ascertaining the 
Boundaries of the district liable to work on the Cut com- 
monly CALLED New Town Cut ; and for appointing Commission- 
ers TO BUILD A Bridge over Coosawhatchie Creek, lying be- 
tween the Parishes of Saint Helena and Prince William, and 
for keeping the same in repair. 

WHEREAS, that part of an Act of the General Assembly, passed in 
Preamble ^^^ twentieth year of his present Majesty's reign, entitled "An Act for 
establishing a ferry over Savanna river, at the Garrison of Fort Moore, in 
New Windsor, and for ve^sting the same in Cornelius Cook for the term of 
seven years ; and for establishing a ferry over Stono river, at the place 
where the bridge stands, and for vesting the same in Margaret Williamson, 
widow, her executors, administrators and assigns, for the term of three 
years,'" which relates to the said ferry and bridge over Stono river, is near 
expiring, whereby the commissioners for the said bridge would have power 
to build a new bridge over the said river, which would be very burthensome 
to the inhabitants thereabouts, liable to be assessed for defraying the charge 
thereof. We therefore humbly pray his most sacred Majesty that it may 
be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
Ferry over chief and Captain-General in and over his Majesty's Province of South 
Stono vested ill Carolina, by and with the advice and consent of his Majesty's Honorable 
T. &. t. Rose, Qq^,^j.j| g^jjjj ^j-jg Commons House of Assembly of this Province, and by 
the authority of the same, That the ferry over Stono river, at the place 
where the bridge stood, shall be, and is hereby, vested in Thomas Rose and 
Francis Rose, their executors, administrators and assigns, in trust and for 
the use of the children of Henry Williamson, deceased, from the thir- 
teenth day of June next ensuing, for and during and unto the full end and 
term of seven years, fully to be complete and ended. 

H. And be it further enacted by the authority aforesaid, That the fol- 
lowing rates shall be paid to the said Thomas Rose and Francis Rose, their 
executors, administrators and assigns, for the use aforesaid, by all the per- 
sons passing the same, that is to say : — for every person, one shilling and 
threepence; for a horse, one shilling and three pence; for cattle, per 
head, ferried or swam, two shillings and six pence; for every chaise or 
chair and horse, or cart and horse, ten shillings; provided, ahoays , i\\dit 
nothing herein contained shall extend or be construed to extend to oblige 
any person to the payment of the said rates, who shall be going to a gene- 
ral muster of the militia, or in times of alarm. 

HI. Knd be it further enacted by the authority aforesaid, That the 
Ferry boat ^^^''^Y boat which was built at the expense of the inhabitants of the parishes 
of Saint Paul and Saint John, in Colleton county, pursuant to the direc- 
tions of the above recited Act, shall be put in the possession of the said 



OF SOUTH CAROLINA. 151 

Acts relating to Roach, Bridges and Ferries. A. I). 1750. 

Thomas Rose and Francis Rose, for the use of the said ferry, hut for no 
other use, intent, or purpose whatever; and the said Thomas Rose and 
Francis Rose, their executors, administrators and assigns, shall constantly 
keep the said hoat in repair, as well as the landing places leading to the 
said ferry, during all the said term. 

IV. And be it further enacted hy the authority aforesaid, That the said 
Thomas Rose and Francis Rose, their executors, administrators and assigns, 

shall, during all the time aforesaid, at the expense of the said trust, find Conditions. 
two able and sufficient persons to row in the said boat, who shall constantly 
attend the said ferry, as well by night as by day, to ferry over all passen- 
gers, when and as often as there shall be occasion ; and in case any person 
or persons going to the said ferry in order to pass over the same, shall meet 
with unreasonable delay, or be retarded in their passage over the said ierry, 
they, the said Thomas Rose and Francis Rose, iheir executors, administra- 
tors and assigns, shall forfeit and pay for every such delay, to the party 
grieved, the sum of twenty shillings, current money, and the further smu 
of twenty shillings, like money, for every hour after that such person shall 
be delayed ; to be recovered before any justice of the peace for Colleton 
county, in the same way and manner as is directed for the recovery of 
debts by the Act for the trial of small and mean causes ; provided, that 
complaint thereof be made within ten days after such delay shall happen, 
and not otherwise. 

V. And be it further enacted by the authority aforesaid, That the pow- 
er of the commissioners for building a bridge over Stono river, at the place f'V''^?'' °[ ''*'™' 

° .o 'I niissioners sua- 

where the old bridge stood, shall be, and is hereby, suspended for and du- pended. 
ring the said term of seven years; any thing in the said recited Act, or 
any other law, to the contrary thereof in any wise notwithstanding. 

VI. And ivhcreas, disputes have arisen concerning the boundaries of the 
district liable to work on the cut commonly called Newtown Cut. Be it 
therefore further enacted by the authority aforesaid, That the commission- (,„ Newtown 
ers for cleansing and enlarging the passage commonly called Newtown Cut, 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 
southermost 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 INIr. Samuel Jones, on the head of 
Keyawak river, and the Island of the said Samuel Jones, inclusive; and 
likewise, the inhabitants of Keyawak Island, and the inhabitants on Coles's 
Island, on the north-east side of Stono river, which is hereby declared to 
be the boundary of the district liable to work on the said Newtown Cut. 

VII. And whereas, the inhabitants living on the Indian Land on the 
south-west side of Port Royal river, by their petition to the General As- Bridge o^er 
sembly, have prayed that a bridge might be built over Coosawhatchie creek, (~;J?°g^^ 

at the place where the high road leading from Georgia and Purysburgh to 
Charlestown crosseth the said creek. Be it therefore enacted by the autho- 
rity aforesaid, That with all convenient speed, after the passing of this Act, 
a bridge shall be built over Coosawhatchie creek, at the place where the 
high road leading from Georgia and Purysburgh to Charlestown crosses 
the said creek ; which bridge shall be made and kept in repair, at the equal 



152 STATUTES AT LARGE 

A. D. 1750. ^f.ig relating to Roads, BriJges and Ferries. 

charge and labor of all the male persons, from the age of sixteen years to 
sixty years, living and residing in the parish of Prince William, and in that 
part of the parish of Saint Helena which is situate on the Indian Land. 

VIII. And be it farther enacted by the authority aforesaid, That Colonel 
Comm'rs. and Hugh Bryan, Captain Daniel Hey ward, and Mr. Henry D^Saussure, shall 
their powers, be, and they are hereby, appointed commissioners for building the said 

bridge; and they, the said commissioners, or a majority of them, shall 
have power, and they are hereby empowered, to agree with any workmen, for 
the work and for materials for (he said bridge, and shall build the said bridge 
of such dimensions, and with such timber, as they shall think fit ; and 
they are also hereby empowered to make use of any timber that lies conve- 
nient to be made use of about the said bridge, paying such rates for the 
same as shall be adjudged by two indifl^erent people. 

IX. Avd be it further enacted by the authority aforesaid. That the 
said commissioners, or the major part of them, shall have power, and they 
are hereby fully authorized and empowered, to assess all the male inhabi- 
tants and male slaves, from sixteen to sixty years of age, within the said 
parish of Prince William, and that part of the said parish of Saint Helena 
which is situate on the Indian Land as aforesaid, in order to raise a sum 
of money sufficient to complete and finish the said bridge ; and they are 
hereby declared to be invested with the same powers and authorities, for 
raising, assessing and ievying, so much money as will build the said bridge, 
and for keeping the same, from time to time, in repair, as tlie commission, 
ers of the highways have, by virtue of an Act of the General Assembly of 
this Province, entitled "An Act to empower the several commissioners of 
the high roads, private paths, bridges, creeks, causeys, and cleansing of 
water passages, in this Province of South Carolina, to alter and lay out the 
same, for the more direct and better conveniency of the inhabitants there 
of," passed the fifteenth day of September, in the year of our Lord one 
thousand seven hundred and twenty-one. 

ANDREW RUTLEDGE, Speaker. 

In the Council Chamber, the 2>\st of May, 1750. 

Assented to: JAMES GLEN. 




OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 

AN ACT FOR ESTABLISHING A FeRRY OVER SaNTEE RiVER, IN THE No. 776. 

Parish of Saint James Santee, from the plantation commonly 
CALLED Courage's Plantation, on the north side of the said 

RIVER, to the place COMMONLY CALLED JoNATHAN SkRINe's, ON THE 
SOUTH SIDE OF THE SAID RIVER, AND FOR VESTING THE SAID FeRRY 

IN Alexander Dupont, his Executors, Administrators and As- 
signs, FOR THE term OF SEVEN YEARS; AND FOR APPOINTING COM- 
MISSIONERS FOR THE Public Road leading from the plantation, 
late of William Watson, deceased, in Christ Church Parish, 
cojimonly called Habcaw, to the High Road leading to Church 
IN the said parish. 

WHEREAS, many of the inhabitants of the parishes of Prince George, 
Prince Frederick, and Saint James Santee, by their humble petition to the Preamble, 
fireneral Assembly, have set forth that Alexander Dupont had for a long 
time had the keeping of the ferry from the plantation commonly caP'd 
Courage's plantation, on the north side of Santee river, to the place com- 
monly called Jonathan Skrine's, on the south side of the said river ; which 
ferry had been always well attended and kept by the said Alexander Du- 
pont, who had also taken care to keep a good and orderly house of enter- 
tainment for the benefit of travellers, to the general satisfaction of the peti- 
tioners ; and that there was no law at this time in being, whereby the said 
ferry was become a legal established ferry; and therefore humbly praying 
that an Act may be passed for establishing the said ferry, and for vesting the 
same in the said Alexander Dupont, his executors, administrators and as- 
signs, for such term, and under such regulations, as to the General Assem- 
bly should seem meet. We therefore humbly pray his most sacred Majesty 
that it may be enacted, and 

I Be it enacted, by his Excellency James Glen, Esq., Governor-in-chief 
and Captain-General in and over his Majesty's Province of South Caro- Ferry esta- 
lina, by and with the advice and consent of his Majesty's Honorable Coun- j^jj^'^®^ °^^J 
cil, and the Commons House of Assembly of the said Province, and by the vested 'ia A. 
authority of the same. That the ferry over Santee river, from the planta- ^"P""^- 
tion commonly called Courage's plantation, on the north side of the said 
river, to the place commonly called Jonathan Skrine's, on the south side of 
the said river, kept by Alexander Dupont, shall be, and is hereby declared 
and established, a public ferry, and shall be, and is herebv, vested in the 
said Alexander Dupont, his executors, administrators and assigns, from the 
time of passing this Act, for and during the term of seven years. 

n. And be it further enacted by the authority atbresaid. That the said 
Alexander Dupont, his executors, administrators or assigns, shall provide Conditions. 
and keep at the said ferry, during the time aforesaid, one good and sui*!!- 
cient boat, with at least two able men, one of which shall be a white man, 
fit for transporting of passengers, horses and cattle. 

HI. knd he it further enacted by the authority aforesaid, That it sha I 
and may be lawful to and for the said Alexander Dupont, his executors, ad- .j.^^, 
ministrators and assigns, during the said term of seven years, to demand, 
have, receive and take, to his and their own proper use, of and from all 
and all manner of person and persons passing and re-passing in the said 
ferry boat, the several rates and sums ful'.owing, that is to say : — for a man 
and horse, if taken in the swamp, two shillings and six pence ; if taken in 
VOL. IX— 20. 



154 STATUTES AT LARGE 

A.I). 1750. Jlcts relating to Roads, Bridges and Ferries. 

at the trumpet landing, five shillings; and if taken in up the lake, ten 
shillings ; and half as much of the above rates for a foot passenger ; and 
for neat cattle, per head, if swam, one shilling, current money; for a 
chaise or chair and horse, or cart and horse, if taken in the swamp, seven 
shillings and six pence; if taken in at the trumpet landing, ten shillings; 
and if taken in up the lake, twenty shillings, current money. 

IV. And be it further enacted by the authority aforesaid. That in case 
P all for ^"y Person or persons coming to the said ferry in order to pass over the 
ne*glecL ^^ same, shall meet with unreasonable delays, or be retarded in their passage 

over the said ferry, he, the said Alexander Dupont, his executors, adminis- 
trators and assigns, shall forfeit and pay for every such offence, to the per- 
son and persons as shall be so delayed, for the first hour, the sum of twenty 
shillings, and for every hour after, the sum of forty shillings, current mo- 
ney ; to be recovered before any of his Majesty's justices of the peace for 
the county, in the same manner as debts are recoverable by the Act for the 
trial of small and mean causes ; provided, ahvays, that such person and 
persons so delayed shall make his, her or their complaint, and prosecute 
the same to efiect, within ten days after such delay shall happen, and at no 
time after. 

V. And be it further enacted by the authority aforesaid. That the 
Who may pnss Governor or Commander-in-chief of this Province for the time being, all 
die ferry" free, ministers of the Gospel, and all persons going to and from musters of the 

militia, and all persons in times of alarm, and all expresses or messengers 
sent in the service of the Government, and free Indians, be, and they are 
hereby, exempted from paying any ferriage at the said ferry, for passing and 
re-passing the same, by themselves, their servants and horses ; any thing 
hereinbefore contained to the contrary thereof in any wise notwithstand- 
ing. 

VI. And whereas, the majority of the commissioners who were appoint- 
Commissioners ed for making and keeping in repair a public road, from the plantation, 
appointed. late of William Watson, deceased, in Christ Church Parish, commonly 

called Habcaw, to the public road in the said parish leading to Church, are 
dead, by reason whereof the said road hath been neglected. Be it therefore 
enacted by the authority aforesaid. That George Padden Bond, Richard 
Tookerman, and Clement Lampriore, be, and they are hereby appointed, 
commissioners for the said road ; and in case of the decease, absence, or 
refusing to act, of any of the said commissioners hereby nominated, the 
other of the said commissioners shall and may choose another person to be 
commissioner in the room of him so dying, refusing to act or being 
absent. 

ANDREW RUTLEDGE, Speaker. 
In the Council Chamber, the Zlst day of May, 1750. 
kssented to: JAMES GLEN. 



OF SOUTH CAROLINA. 155 

Acts relating to Roads, Bridges and Ferries. A- ^- ^^''O- 

AN ACT FOR VESTING THE FeRRY OVER AsHLEY RiVER, IN EdMUND No. 778. 

Bellinger and George Bellinger, Esqrs. their Executors, Admin- 

ISTRATORS AND AsSKiNS, FOR SEVEN YEARS, IN TRUST FOR AND TO 
THE USE AND APPOINTMENT OF MrS. ELIZABETH ElLIOTT, WIFE OF 

Thomas Elliott, Esa. 

WHEREAS, the law which heretofore vested the Ferry over Ashly 
river in Mrs. Ehzabcth BelHnger, now Mrs. Elizabeth Elliott, wife of 
Thomas Elliott, Esq. has been some time expired ; and whereas the said 
Mis. Elliott hath, by her late petition to the General Assembly, set forth 
good reasons why the said ferry should be again established and vested, for 
a certain term of years, in trustees for her use and benefit ; we therefore 
pray His most sacred Majesty that it may be enacted, and 

I. Be it accordinghf enacted., by His Excellency James Glen, Esq., His 
Majesty's Governor, Captain-General and Commander in Chief, in and 
over this His Majesty's Province of South-Carolina, by and with the advice 
and consent of Ilis Majesty's Honourable Council, and the Commons 
House of Assembly of the said Province, and by the authority of the same, 
That the ferry over Ashley river, commonly called Ashley ferry, leading 
from Charlestown to Stono and the southern parts of this Province, be, and ^^'^'^^>'.^'*'^^ 
the same is hereby declared to be, vested in Edmund Bellinger and George g. Bellinger, 
Bellinger, Esqrs., and the survivor, of them and the executors, admmis- trustees, 
trators and assigns of such survivor, from the time of the passing of this 
Act, for and during and unto the full end and term of seven years, then 
next ensuing, and from thence to the end of the then next Session of the 
General Assembly of this Province : and that it shall and ma}' be lawful to 
and for the said Edmund Bellinger and George Bellinger, and the survivor 
of them, and the executors, administrators and assigns of such survivor, 
during the said term, to receive and take, to and for the use and appoint- 
ment of the said Eliziibeth Elliott, whether married or unmarried, from Conditions, 
all persons passing or repassing or making use of the said ferry, the several 
rates of ferriage and sums following, in proclamation money, or the value 
thereof in currency, viz: for every single person, the sum of one penny 
halfpenny ; for every man and horse, the sum of three pence ; for every 
chair, chaise and single horse, nine pence ; for every four wheeled chair 
and chaise, or coach or ciiarriot and pair of horses, one shilling and six 
pence; for a coach, charriot and four, two shillings ; for a coach or char- 
riot and six, two shillings and six pence : for every cart, the same ferriage 
as for a chair ; for every wagon, the same ferriage as for a chariot and 
pair ; for every head of neat cattle or horses ferried or swam over the 
said ferry, the sum of three pence ; for every sheep or hog, the sum of one 
penny halfpenny. And the said Edmund Bellinger and George Bellinger, 
or the survivor of them, or the executors, administrators or assigns of 
such survivor, shall, and they are hereby required, at the expense of the 
said trust, to keep the causey leading through the marsh to the said ferry, in 
good and constant repair and condition, and at least always twelve feet wide 
at top, with a stand at the middle part of the said causey, at least eighteen 
feet wide and forty feet long, with a convenient stand also at the end of the 
said causey, near the river, so that no passengers, horses, cattle or car- 
riages may be impeded in passing the same, for want of repair in the said 
causeys or stands during the said term: and shall also find and constantly 
keep a good substantial large ferry boat or boats, fit for transporting men, 
horses, cattle, coaches, carts and wagons over the said ferry ; and shall 



156 STATUTES AT LARGE 

A.D^ 1750. jicfg relating to Roads, Bridges and Ferries. 

also find and constantly keep employed in the said boat, and in the ferry- 
ing hereof over the said river, one white man at least, besides two able 
and sufficient negroes, who shall constantly attend the said ferry, as well 
by night as by day, to ferry over all passengers, their horses, slaves and 
servants, when and as often as there shall be occasion. 

II. And be it further enacted by the authority aforesaid, That the 
said Edmund Bellinger and George Bellinger, or the survivor of them, or 
the executors, administrators or assigns of such survivor, shall forfeit and 
pay, at the expence of the said trust, to any person or persons coming to 
the said river, in order to pass over at the said ferry, and who shall be 
delayed for want of the said ferry boat or of sufficent persons to row and 
manage the same, for every hour's delay, after the rate of eight shillings, 
proclamation money, or the value thereof in currency, to be recovered before 
any justice of the peace of Berkley county, as is provided by the Act for 
the trial of small and mean causes ; provided such forfeiture be sued for 
within ten days after such delay shall -happen, and at no time after. 

III. And he it further enacted by the authority aforesaid. That the 
Governor of this Province for the time being, his servants, attendants, 
equipage and horses, and all ministers of the gospel ; all persons on Sun- 
days going to or returning from any place of divine worship ; all persons 
going to or returning from muster, at any time appointed for muster of 
the militia or in time of alarm ; and all expresses or messengers sent in the 
service of the Government; and also all free Indians, are hereby, also, 
exempted from paying any ferriage at the said ferry, for themselves, their 
servants or horses ; any thing herein before contained to the contrary not- 
withstanding. 

ANDREW RUTLEDGE, Speaker. 

In the Council Chamber, the ^\st day of May, 1750. 
Assented to: JAMES GLEN. 



JNo 781. AN ACT for appointing Commissioners to build a new Bridge over 
PoN PoN River, near the place where the old Bridge stood, 

AND FOR MAKING CaUSEYS LEADING TO THE SAID BrIDGE ; AND FOR 
appointing CoMMISSIONKRS to FINISH AND COMPLETE A RoAD ALREADY 
LAID OUT, FROM THE HoRSE-SHOE RoAD TO PoCOTALIQUO CaUSEY, IN 

THE Parish of St. Bartholomew, and to keep the said Road in 

REPAIR ; AND FOR APPOINTING COMMISSIONERS TO CUT A CrEEK FROM 

Ashepoo River to Pon Pon River, at the upper end of the 
Goose marsh, between the said Rivers ; and also, to cut another 
Creek through the marsh between Chehaw and Ashepoo Rivers. 

WHEREAS, the bridge that was formerly built over Pon Pon river, 
hath been destroyed by a flood or rising of the said river ; and whereas, it 



OF SOUTH CAROLINA. 157 

Acts relating to Roads, Bridges and Ferries. A. 1). 1751. 

hath been represented to the General Assembly, that there is a more con- 
venient place for erecting a bridge over the said river, than that where the 
old bridge stood, being abetter foundat'on, and much narrower; wo there- 
fore humbly pray his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esq , Goveriior-in- 

chief and Captain-CJeneral in and over his Majesty's Province of ^outh pj^j^j^^ ^^g^ 

Carolina, by and with the advice and consent of his Majesty's honourable Ton I'on river. 

Council, and the Assembly of this Province, and by the authority of the 

same, That the commissioners hereinafter named and appoirited, shall 

cause to be built and erected a good and substantial bridge over Pon Pon 

river, about one hundred and forty-four feet on the East side, and about 

three hundred feet on the West side, from the place where the old bridge 

stood ; any former law, usage or custom to the contrary thereof in any 

wise notwithstanding. 

II. And be il further ewac/etZ by the authority aforesaid. That the said 

bridge shall be built and erected at the cost, charges and expence of the How to be paid 

inhabitants and owners of slaves in the two adjoining parishes, (that is to ° ' 

say) the one half of the expence to be levied on all male inhabitants, from 

the age of sixteen to sixty years, in the parish of St. Paul, and the other 

half to be levied on all male inhabitants as aforesaid, in the parish of St. 

Bartholomew, in Colleton county ; and the commissioners hereinafter 

named, are hereby authorized, impowered, directed and required, to make 

an assessment on all and singular the male inhabitants from the age of 

sixteen years to the age of sixty, in the said parishes respectively, for and 

toward defraying the charge and expence of the building and erecting of 

the said bridge. 

III. And be it further enacted by the authority aforesaid. That the said 
commissioners, or any (hree of them, shall have, use and exercise the Power of coin- 
same powers and authorities in building and erecting of the said bridge, '"'*®'°"^"' 
and in making the assessment for defraying the charge and expence thereof, 

and keeping the same in repair after it shall be built, as the several com- 
missioners of high-roads or public paths have in this Province, by virtue 
of any Act or Acts of the General Assembly. 

IV. A.nd be it further enacted by the authority aforesaid, That James 
Skirving, Isaac Hayne, James Postell, John Splatt, and Ezekiel Branford, T'^eir names, 
be, and they are hereby appointed, commissioners for putting in force and 
e.xecuting such part of this Act as relates to the bridge over Pon Pon 

river. 

V. A.7id be it further enacted by the authority aforesaid, That the Causeya to be 
commissioners for Pon Pon road shall be, and they are hereby, obliged made. 

and required to make a good and substantial causey, at the expence of the 
inhabitants and others interested in their district, leading from the said 
road to the East end of the said bridge ; and the commissioners for the 
Horse-shoe road, and the commissioners for Ashepoo road, respectively, 
shall be, and they are hereby, obliged and required to make a good and 
substantial causey at the West end of the said bridge, and a road from 
thence along the bay or front of the town of Jacksonburgh, till the same 
intersects the road which leads to the old bridge, at the expence of the 
inhabitants and others interested in their respective districts. 

VI. And whereas, several inhabitants in the district of the parish of St. 
Bartholomew, known by the name of Whitmarsh's neck, and other inhabi- 
tants of the said parish, by their humble petition to the General Assembly, 
have prayed that a public road may be made, from the Horse-shoe road 



158 



STATUTES AT LARGE 



A. D. 1751. 



Acts relati?/g to Roads ^ Bridges and Ferries. 



Road from 
Horse-shoe to 
Pocatalliquo 
causey. 



Who to work 
on It. 



Creeks to he 
cut between 
Ashepoo, Pon 
Pon, and Che- 
haw rivers. 



to Pocotaliquo causey in the said parish. Be it therefore enacted by the 
authority aforesaid, That James Skirving, Robert Oswald, and James 
Postell, shall be, and they are hereby appointed, commissioners for finishing, 
completeing and keeping in repair, the road already laid out from the 
Horse-shoe road to Pocotalliquo causey, in the parish of St. Bartholomew ; 
who shall have the same powers, privileges and authorities, for tinishing 
and completeing of the said road, and keeping the same afterward in 
repair, and shall bo subject and liable to the same penalties and forfeitures, 
as any other commissioners for the high-ways are invested with, or are 
subject and liable unto, by any Act of the General Assembly of this 
Province. 

VII. And be it further enacted by thii authority aforesaid, That all the 
male inhabitants from the age of si.xteen to sixty years, residing between 
Ashepoo and the Horse-shoe roads, so far on the Ashepoo road as Poco- 
taliquo causey, and so far on the Horse-shoe road as the Horse-shoe bridge, 
shall be, and they are hereby, obliged and required to finish and complete the 
said road, and to keep the same in repair ; and in case of neglect or refusal 
to do the same, the said inhabitants shall be subject and liable to the same 
fines and forfeitures, as any persons, by Act of the General Assembly for 
making roads in this Province, are made subject and liable unto ; and the 
said inhabitants shall not, at any time after the passing of this Act, be 
subject or liable to work on any other high-road whatever, except the 
road and causey on Jacksonburg bay, leading to the west end of Pon 
Pon bridge, for working whereon the said inhabitants of Whitmarsh's 
neck shall still be liable; any law, usage or custom to the contrary thereof 
in any wise notwithstanding. 

Vlil. And ivhereas, commissioners were appointed for the cutting of a creek 
from Ashepoo river to Pon Pon river, at the upper end of the Goose marsh, 
between the said rivers, in and by an Act of the General Assembly, 
entitled " An additional and explanatory Act to an Act entitled an Act to 
impower the several commissioners of the high-roads, private paths, bridges, 
creeks, causeys and cleansing of water passages, in this Province of South 
Carolina, to alter and lay out the same, for the more direct and better con- 
veniency of the inhabitants thereof," passed the third day of July, in the 
fifteenth year of his present Majesty's reign, which hath hitherto been 
neglected to be performed, and which cut when made, and also another 
cut, from Chehaw river to Ashepoo river, will make the water passage to 
Charlestovvn much shorter and safer to persons making use of the said 
rivers: Beit therefore further enacted by the authority aforesaid, That 
Henry Hyrne, David Godin, James Skirving, James Postell, and Thomas 
Hutchinson, be, and they are hereby appointed to be, commissioners for 
cutting, cleansing and keeping in repair the said creeks out of Ashepoo 
river into Pon Pon river, and out of Chehaw river into Ashepoo river, at 
such places through the marshes between the said rivers, as they shall 
judge to be most convenient, and as near as may be from Ashepoo river to 
Pon Pon river, and from Chehaw river to Ashepoo river, and to such a 
depth and breadth as they shall think necessary ; Provided, that the same 
do not exceed twenty feet in breadth and six feet in depth ; and all the 
male persons from the age of sixteen to sixty years, residing on or making 
use of or that shall make use of any landing on the said Ashepoo river, 
or anv branches thereof, (Bennett's Point, Cochran's Island, and Maggot's 
Island, exclusive) and Chehaw river or any branches thereof, shall person, 
ally work in cutting, cleansing, and keeping in repair, the said cuts or 
creeks, if the said commissioners shall be of opinion that such personal 



OF SOUTH CAROLINA. • 159 

Acts relating to Roads, Bridges and Ferries. A.D 17.01. 

work will be the most expeditious method of cutting the said creeks; other- 
wise the said commissioners, or any three or more ot" them, shall have 
power, antl they are hereby fully authorized and impowered, to agree with 
any proper person or persons to undertake the cutting, cleansing, and 
repairing of the said creeks, as they shall see meet, and assess such sum 
or sums of money as they shall so agree for on the said male inhabitants 
residing as aforesaid ; and the said commisiioners, or any three of them, 
shall have as full and ample power and authority, for compelling the said 
inhabitants to work on the said creeks, or for levying the assessment to be by 
them made, to all intents and purposes whatever, as are given to any com- 
missioners for highways, bridges, or water passages, by any Act or Acts 
of the General Assembly of this Province. 

IX. And he it further enacted by the authority aforesaid, That the said 
commissioners shall finish and complete the said creeks, on or before the ^^'"^1 '" j*® 
first day of November, one thousand seven hundred and fifty-two, under 

pain or forfeiting the sum of two hundred pounds each, to be levied and 
recovered by bill, plaint or information, in any Court of record in this 
Province, wherein no privilege, protection, or wager of law, shall be allow- 
ed or admitted, nor any more than one imparlance ; one moiety thereof to 
his Majesty, to be disposed of as by the General Assembly shall be directed, 
and the other moiety to him or them who will inform and sue for the same. 

X. And he it further enacted hy the authority aforesaid, That in case 

any person or persons shall be sued or prosecuted, for any matter or i\nnsL^'^^^\°^ 'P"f 
11- ^11 • r^^i 1- .' ^ 1 • . ■ , ?! 'nay be plead- 

by hmi or tiiem done, in pursuance ot the directions ot this Act, it shall ed 

and may be lawful to and for such person and persons to plead the general 
issue, and give this Act and the special matter in evidence ; and if the plain- 
tiff or plaintiffs in any such action or suit shall suffer a discontinuance, 
become nonsuit, or a verdict or judgment shall pass against him or them, 
the defendant or defendants shall be allowed his and their treble costs of 
suit. 

XI. And he it further enacted by the authority aforesaid. That iu case 

any of the commissioners appointed by this Act shall happen to die. Vacancies, 
depart this province, or refuse to act, it shall and may be lawful to and 
for the rest of the commissioners respectively, or a majority of them, 
to choose and appoint another person or persons to be commissioner or 
commissioners in the room of him or them so dying, refusing to act, or 
departing this Province ; and such person or persons so chosen and appoin- 
ted, shall have the same powers and authorities for putting this Act in 
execution, and shall be subject and liable to the same penalties and forfei- 
tures as the commissioners herein named. 

ANDREW RUTLEDGE, Speaker. 

In the Council Chamber, the 2Uh April, 1751. 

Assented to: JAMES GLEN. 



160 STATUTES AT LARGE 

A. D. 1751. J^cfs relating to Roads, Bridges and Ferries. 

No. 782. AN ACT for establishing a Ferry froji the plantation of Col. 
Samuel Prioleau, called Patterson's Point, on Port Royal 
Island, to the land, late of Thomas Innes, deceased, on the 
Indian Land, and for vesting the said Ferry in the said Col. 
Samuel Prioleau, his Executors, Administrators and Assigns, 

for the TER3I OF TEN YEARS ; AND FOR ESTABLISHING ONE OTHER 

Ferry from the said land, late of the said Thomas Innes, de- 
ceased, TO THE SAID PLANTATION OF THE SAID CoLONEL SaMUEL 

Prioleau, and for vesting the same in John Green, his Execu- 
tors, Adminitrators and Assigns, for the like term. 

WHEREAS, a ferry from the plantation of Colonel Samuel Prioleau, 
Preamble. ^^^ 7oYi Royal Island, to the Indian Land, and a ferry from the Indian 
Land to the said plantation, would be very convenient to the inhabitants 
who reside in the south parts of this Province, and to others travelling in 
those parts. We therefore humbly pray his most sacred Majesty that it 
may be enacted, and 

I. Be it enacted., by his Excellency James Glen, Esquire, Governor-in- 
chief and Captain-General in and over this his Majesty's Province of South 

Ferries esta- Carolina, with the advice and consent of his Majesty's Honorable Council, 

blished to and , ^, . , , ,- i • -r» • , , , , ■ o < 

from Patter- f^nd the Assembly of this Provmce, and by the authority of the same, 

bod's Point. That a public ferry be, and is hereby, established at the plantation of Col. 

Samuel Prioleau, called Patterson's Point, from thence to the laud, late 

of Thomas Innes, deceased, on the Indian Land ; which said ferry shall be, 

and is hereby, vested in the said Colonel Samuel Prioleau, his executors, 

administrators and assigns, for and during the term of ten years; and that 

one other public ferry shall be, and is hereby, established at the land, late 

of the said Tiiomas Innes, deceased, upon the Indian Land, from thence to 

the said plantation of the said Colonel Samuel Prioleau, called Patterson's 

Point ; which said last mentioned ferry shall be, and is hereby, vested in 

John Green, his executors, administrators and assigns, for and during the 

said term of ten years. 

II. knd be it furtJier enacted by the authority aforesaid, That it shall 
Toll. and may be lawful to and tor the said Col. Sam'l. Prioleau and John Green, 

respectively, and for their several and respective executors, administrators 
and assigns, to take and receive, for the ferrying over persons, their horses 
or cattle, at the said ferries, respectively, the following rates or prices, and 
no more, that is to say : — for any single horse, the sum of five shillings ; 
for any two or more, the sum of three shillings and nine pence, each ; for 
a man and horse, the sum of seven shillings and six pence ; for a horse and 
chair, or horse and cart, fifteen shillings ; for sheep, hogs or calves, per 
head, the sum of two shillings; and for neat cattle, per head, the sum of 
ten shillings, in the current money of this Province. 

III. A7id he it further enacted by the authority aforesaid, That the said 
Colonel Samuel Prioleau, his executors, administrators and assigns, shall. 

Duty of ferry- always, during the said term of ten years, keep and maintain a good and 
™^"" sufficient ferry boat, capable of carrying two men and two horses, at least ; 

and two able servants or slaves, to attend the ferry hereby vested in him, 
as well by night as by day, for the transporting all persons, their servants, 
horses and cattle, over the said ferry; and that the said John Green, his 
executors, administrators and assigns, shall, in like manner, during the said 



OF SOUTH CAROLINA. 161 

Acts relating to Roads, Bridges and Ferries. A.D.1751. 

ierm, keep and maintain one other good and sufficient ferry boat, capable 
of carrying two men and two horses, at least, and two able servants or 
slaves, "to attend the ferry hereby vested in him, as well by night as by day, 
as aforesaid. 

IV. And be it further enacted by the authority aforesaid, That in case 

any person or persons tendering the ferriage, shall be delayed at either of pg^^j^^ fp^ 
the ferries hereby established, for want of the attendance hereby enjoined neglect. 
and required, the person in possession of the ferry where such delay shall 
happen, shall forfeit and pay to the party grieved, the sum of twenty shil- 
lings, current money, for the first hour such party shall be delayed after 
such tender, and the further sum of forty shillings, like money, for every 
hour after; to be recovered by warrant of distress, under the hand and 
seal of any justice of the peace of the county where the offence shall be 
committed, and sale of the ofrender''s goods; provided, that complaint 
thereof be made by the person so delayed, within ten days after such delay, 
and not afterwards. 

V. And be it further enacted, by the authority aforesaid, That the Go- 
vernor or Commander-in-chief of this Province for the time being, all who may pass 
ministers of the Gospel, and all persons going to and from general musters the ferry free. 
of the militia, and all persons in times of alarm, and all expresses or mes- 
sengers sent in the service of this Government, and free Indians, be, and 

they are hereb}^, exempted from paying any ferriage at the said ferries for 
passing and re-passing the same, by themselves, their servants and horses ; 
any thing hereinbefore contained to the contrary thereof in any wise not- 
withstanding. 

ANDREW RUTLEDGE, Speaker. 

In the Council Chamber, the 24th April, 1751. 

Assented to: JAMES GLEN; 



AN act for amending an Act entitled "An additional and ex- No. 788. 
planatory act to an act entitled an act to impower the 
SEVERAL Commissioners of the high-Roads, private Paths, Bridges, 
Creeks, Causeys, and cleansing of Water-Passages, in this 
Province of South Carolina, to alter and lav out the same, 
for the more direct and better convenience of the inhabi- 
tants thereof. ^^ 

WHEREAS, by an Act entitled "An additional and explanatory Act to 
an Act entitled an Act to impower the several commissioners of the high- Preamble, 
roads, private paths, bridges, creeks, causeys, and cleansing of water-pas- 
sages, in this Province of South Carolina, to alter and lay out the same, 
for the more direct and better convenience of the inhabitants thereof," it 
VOL. IX— 21. 



162 



STATUTES AT LARGE 



A. D. 1751. 



Acts relating to Roads, Bridges and Ferries. 



New Cut, 
Watt's Cut, 
and Wappoo 
Creek. 



is, among other things therein contained, enacted that Mr. Joseph Wilkin- 
son, Col. John Bee, and Mr. James Stobo, he commissioners for cutting, 
clearing and cleansing New Cut ; and that Mr. Joseph Ceely, Mr. William 
Adams, and Archibald Calder, Esq., be commissioners for cutting, clearing 
and cleansing Watt's Cut ; and that Mr. John Stanyarne, Mr. Isaac Waite, 
and Mr. Thomas Tatnall, be commissiners for cutting, clearing and clean- 
sing Wappoo Creek. And whereas, by reason of the death of the greater 
part of the said commissioners, and for want of the districts {wherein the 
persons liable to work in cutting, clearing and cleansing the said cuts and 
creeks, respectively,) being duly ascertained, the said cuts and creeks have, 
for several years past, been neglected, to the great detriment of those plan- 
ters who are obliged to send their produce through the said cuts and creek 
to market. For remedy whereof, we humbly pray his most sacred majesty 
that it may be enacted, and 

I. Be it enacted , by his Excelleny James Glen, E^q. Governor-in-chief, 

„ . . and Captain-General, in and over the Province of South Carolina, by and 

Commissioners • , , ' , ■ , - i • nr ■ • tt i i /-i -i i ^l 

appoinifid for With the advice and consent ot his Majesty s Honorable Council and the 

House of Assembly of the said Province, and by the authority of the same. 
That Mr. Francis Wilkinson, ]Mr. James Stobo, Mr. Richard Cochran Ash, 
Mr. Hugh Wilson, and Mr. Alexander M'Gillivray, shall be, and they are 
hereby appointed, commissioners for cutting, clearing and cleansing New- 
Cut ; and that all the male inhabitants, from the age of sixteen to sixty 
years, living and residing to the southward and westward of the said New 
Cut, to Gibbons, alias Bennet's Point, and the inhabitants between Ashe- 
poo and Pon Pon rivers, inclusive, making use of any landing leading 
through the said New Cut, except those who are by law excepted, and also 
except those named in the district hereinafter mentioned, shall work on the 
said New Cut. And that Mr. William Eddings, Mr. William Adams, Mr- 
David Adams, Mr. Ralph Bailey, and Mr. Charles Odingsell, shall be, and 
they are hereby appoint ;d, commissioners for cutting, clearing ai:d clean- 
sing Watts's Cut ; and that all the male inhabitants, from the age of six- 
teen to sixty years, living and residing from the plantation of Capt. Wm. 
Eddings to the plantations of William Adams and Joshua Grimball, inclu- 
sive, south-westerlv, and of Jehossey Island, shall work on the said Watts's 
Cut. And that Mr. Abraham Waite, Mr. Thomas Elliott, jr , Mr. Thos. 
Laws Elliott, Benjamin Elliott, and Mr. Alexander Hext, shall be, and 
the}^ are hereby appointed, com mi.«;si oners for cutting, clearing and clean- 
sing Wappoo Creek ; and that all the male inhabitants, from the age of 
sixteen to sixty years, making use of any landing on the north sirle of Sto- 
ne river, lying above the said creek leading into the said river ; as also al) 
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 bv lav*- are excepti^d. shall v/ork on the said creek ; any former 
law, usage or custom to the contrary thereof in any wise notwithstand- 
ing- ^ 

II. And he it fnrllier enacted by the authority aforesaid, That the com- 
Their powers, missioners hereby nominated, respectively, or a majority of them, shali 

have the same powers and authority, for cutting, cleariiig and cleansing 
the said cuts and creek, respectively, and shall be subject and liable to 
the like [penalties and forfeitures for neglect thereof, as the commission- 
ers nominated and appointed for those purposes by the said in purl re- 
' cited Act are invested with or made subject and liable unto. 



OF SOUTH CAROLINA 163 

Acts relating to Roads, Bridges and Ferries. A. D. 1751. 

III. And whereas, the bridge over the said Wappo creek is not of 
sufficient heighth for boats to pass conveniently under the same ; Be if. 
therefore further enacted by the authority aforesaid, That the commissioners bridffe°to be 
hereby apjwinted for the said Wappoo Creek shall be, and they are hereby, heightened, 
obliged, enjoined and required, within six months from the time of pass- 
ing this Act, at (he expense of the persons hereby made liable to work 

on the said Wappoo creek, to raise the said bridge to the heighth of ten 
feet from the surface of the water at high-tide, or to make a draw-bridge, 
at the election of the said commissioners, or a majority of them, under 
pain of each and every of the said commissioners forfeiting the sum of 
fifty pounds, proclamation money ; one half to his Majesty, to be ap- 
plied by the General Assembly for the use of the public, and the other 
half to him or them who will inform and sue for tlie same, by action 
of debt, bill, plaint or information, in any court of record in this Pro- 
vince, wherein no privilege, protection or wager of law, shall be allowed 
or admitted, nor any more than one imparlance. 

IV. A^.d be it further enacted by the authority aforesaid. That Mr. An- 
drew Townsend, Mr. Cato Ash, and Mr. Richard Jenkins, shall be, and ^^'""''ssionera 
they are hereby appointed, commissioners for the high-roads upon Edis- g^J^i appointed 
to Island. And in case of the death, absence, or refusal to act, of any 

of the commissioners hereby nominated for tlie said cuts, creeks or roads. Vacancies. 
respectively, it shall and may be lawful to and for the other commis- 
sioners, respectively, to choose and appoint another person to be com- 
missioner in the room of him so dying, absent or refusing to act ; and 
the person so chosen and appointed shall have the same powers and au- 
thority for putting this Act in execution, and shall be subject and liable to 
the same penalties and forfeitures, as any of the commissiners hereinbe- 
fore named. 

V. And be it further enacted by the authority aforesaid. That this Act _, 
shall be deemed a public Act, and as. such shall be given in evidence before Act.^ *''" 
all courts in this Province, without pleading the same; and shall continue 

in force for and during the term of seven years, and from thence to the 
end of the next session of the General Assembly, and no longer. 

ANDREW RUTLEDGE, Speaker. 
Ik ike Council Chamber, the 17 th day of May, 1751. 
Assented to: JAMES GLEN. 



164 STATUTES AT LARGE 

A. D. 1753. J^(^is relating to Roads, Bridges and Ferries. 

No. 814. AN ACT to exempt the inhabitants of the lower District of 
THE parish of St. James Santee, in Craven County, from 

WORKING ON OR CONTRIBUTING TOWARD ANY REPAIRS TO BE MADE TO 

THE Road or Causey leading over Lynciie's Island. 

WHEREAS, the inhabitants of the lower district of the parish of St. 
James Santee, were, by an Act of the General Assembly, made liable to 
work on and contribute to the making and keeping in repair a road or cau- 
sey over Lynch's Island, which road or causey being without the limits of 
the said parish, the obliging the said inhabitants to work thereon is contra- 
ry to the method hitherto observed in this Province, in cases of the like 
nature. We therefore humbly pray his most sacred Majesty that it may 
be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esq., Governor-in-chief 
and Captain-General in and over the Province of South Carolina, by and 
with the advice and consent of his Majesty's Council and the House of 
Assembly of the said Province, now met in General Assembly, and by the 
authority of the same, That the inhabitants of the lower district of the 
parish of St. James Santee shall be, and they are hereby declared to be, 
at all times after contributing their share to a tax now to be levied for re- 
pairs of said causey, exempted from working on or contributing toward the 
repairing of the road or causey over Lynchers Island ; any thing contained 
in any Act or Acts of the General Assembly of this Province, to the con- 
trary thereof in any wise notwithstanding. 

JAMES MICHIE, Speaker. 

In the Council Chamber, the 2\st day of April, 1753. 

Assented to: JAMES GLEN. 



No. 815. AN ACT for appointing Commissioners to build a Bridge over 
THE Pond in the Four Holes Swamp, commonly called Gibbes's 
Pond, and to lay out, make and keep in repair, a Road to 

AND FROM THE SAID BrIDGE, AS CONVENIENT AS MAY BE, INTO THE 

Orangeburg old Road, from the head of the Path leading from 
Dorchester to Izard's Cow-pen. 



.-.■is. 



WHEREAS, the building a bridge over the Pond in the Four Holes 
Swamp, commonly called Gibbes's Pond, and the making a road to and 
Preamble, from the said bridge, into the Orangebiu'g old road, from the head of the 
path leading from Dorchester to Izard's Cow-pen, will be very convenient 
for the inhabitants of the township of Orangeburg and the parts adjacent 
thereto — we therefore humbly pray his most sacred Majesty that it may be 
enacted, and 

I. Be it enacted, by his Excellency James Glen, Esq., Governor-in-chief 



OF SOUTH CAROLINA. 165 

Acts relating to Roads, Bridges and Ferries. A.1).17W. 

and Captain-General in and over the Province of Soutli Carolina, by and 
with the advice and consent of his Majesty's Council and the House a^ iiy^\^\v*^j 
Assembly of the said Province, now met in General Assembiy, and by the <'ibbes's I'ond. 
authority of the same. That the persons hereinafter nominated and ap- 
pointed as commissioners for putting this Act in execution, shall have pow- 
er and authority, and they are hereby fully authorized and empowered, to 
make a bridge over the pond in the Four Holes Swamp, commonly called 
Gibbes's Pond, in such manner and with such materials as they, or a ma- 
jority of them, shall judge most expedient and beneficial to the said in- „ , 
habitants ; and also to lay out and make a road leading over the said bridge, 
from the head of the path leading from Dorchester to Izard's Cow-pen, as 
convenient as may be, into the Orangeburg old road, and from time to 
time, as occasion may require, to keep the said bridge and road in re- 
pair. 

II. And he it further enacted by the authority aforesaid, That the 

said bridge and road shall be made and kept in repair at the expense or by who to work 
the labor of the male inhabitants, from the age of sixteen to sixty years, on them. 
living and residing within two miles of the said road, from the west side of 
the Cypress Swamp to the Four Holes Swamp, and of the south side of the 
said road as far as Edisto river, and of the north side of the said road as 
far as the Four Holes Swamp, from the said Four Holes Swamp to Orange- 
burg township ; and of all the male inhabitants of the age above mention- 
ed, living in the said township. And in case any of the persons obliged 
by this Act to make the said bridge and road, and keep the same in repair, 
shall neglect or refuse to do the same, they shall be subject and liable to 
the like fines and forfeitures as any persons by Act of the General Assem- 
bly for making bridges or roads in this Province are made subject and liable 
unto. Provided, always, nevertheless , and be itfurtlier enacted, by the au- 
thority aforesaid. That the persons obliged by this Act to make the said 
bridge and road, and to keep the same in repair, shall not be Hable to work 
on any other public road ; any law, usage or custom, to the contrary there- 
of in any wise notwithstanding. 

III. And he it further enacted hy the authority aforesaid, That the said 
inhabitants shall be summoned to work upon such part of the said road as 
shall lie nearest and most convenient to their respective habitations or places 
of residence. 

IV. And he it further enacted by the authority aforesaid, That Lewis 
Linder, William Sanders, Abraham Dupont, Capt. James Tilley, and Mi- ^.^^^^ -g^. 
chael Christopher Rowe, shall be, and they are hereby nominated and ap- and their pow- 
pointed, commissioners for putting this Act in execution; and the said *"■■*• 
commissioners, or a majority of them, shall have the same powers and au- 
thorities, for putting this Act in execution, as are given by law to any com- 
missioners for bridges or high-roads in this Province, and shall be subject and 

liable to the like penalties and forfeitures for neglecting the said bridge and 
road, as other commissioners for bridges and roads are made subject and lia- 
ble unto, by the laws of this Province. And in case any of the said connnis- 
sioners shall happen to die, depart this Province, or refuse to Act, it shall 
and may be lawful to and for any three or more of the remaining commission- 
ers to nominate and appoint another person or persons to be commissioner 
or commissioners in the room of him or them so dying, refusing to act or 
departing this Province ; and the person or persons so to be nominated and 
appointed, shall have the same powers and authorities for putting this 



166 STATUTES AT LARGE 

A. D. 1754. j^(.(^g relating fo Roads, Bridges and Ferries. 

Act in excution, and be subject to the same penalties and forfeitures for 
neglect thereof, as the persons herein named. 

V. knd he it further enacted by the authority aforesaid, That in case 
Mav plead <re- ^^'^ ^^^^ commissioners, or any of them, or any other person or persons, 
neral issue. shall be sued or prosecuted for any thing by them done, or to be done, in 
pursuance of the directions of this Act, it shall and may be lawful for him 
or them, so sued or prosecuted, to plead the general issue, and to give the 
special matter and this Act in evidence ; and if the plaintiff or plaintiffs 
in any such action or suit shall suffer a discontinuance, become non-suit, or 
a verdict shall pass against him or them, the defendant or defendants shall 
be allowed his or their double costs of suit. 

JAMES MIC HIE, Speaker. 

In the Council Chamber, the%\stday of kprd, 1753. 

k.ssented to: JAMES GLEN. 



No. 821. AN ACT for building a Draw Bridge across Ashley River, in 
THE Parish of Saint Andrew, from some place at or near Sto- 
NEY Point, on the east side, to the Marsh opposite to the said 
point, on the west side of the said river ; AND FOR making a 
Causey upon the said marsh, leading to the said bridge ; and 

FOR MAKING A RoAD TO THE SAID BrIDGE AND CaUSEY ; AND FOB 
VESTING THE SAID BRIDGE, WHEN BUILT, IN SUCH PeRSON AND PER- 
SONS, HIS AND THEIR HeIRS AND AsSIGNS, FOR EVER, AS SHALL BE 
AT THE EXPENSE OF BUILDING THE SAID BRIDGE AND MAKING THE 
SAID CAUSEYS, AND KEEPING THE SAME AT ALL TIMES HEREAFTER IN 
REPAIR. 

WHEREAS, travellers are frequently delayed in passing Ashley river, 
at the place commonly called Ashley Fery, in the parish of Saint Andrew, 
Preamble, occasioned by high winds and the great strength of the current ; and 
whereas, great benefit would arise to the inhabitants of the southern parts 
of this Province, and to the public in general, if a bridge were built across 
the said river, at or near Stoney Point, on the east side, to the marsh op- 
posite to the said point, on the west side of the said river ; but as the said 
river is much broader and deeper than any river in this Province over 
which any bridge is erected, it would not only be imposing an unequal and 
grievous burthen on the inhabitants of the said parish to oblige them to 
make such bridge, in the manner which public bridges have hitherto been 
used to be made in this Province, but would likewise be prejudicial to the 
navigation of the said river ; and whereas, private persons may be induced 
to build a Draw Bridge across the said river, at or near the place aforesaid, 
and make a causey leading to the same, and keep such bridge and causey 
in repair, in prospect of the gain which will accrue to themselves and their 
heirs, from the pontage or toll hereinafter appointed to be paid for passing 



OF SOUTH CAROLINA. 167 

Acts relating to Roads, Bridges and Ferries. A.I). I7')l. 

the said bridge. We therefore humbly pray liis most sacred Majesty that 
it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
chif and Captain-General in and over the Province of South Carolina, by jj^,.^^ bridge 
and with the advice and consent of his Majesty's Council, and the A.ssem-over Asiiley 
bly of the said Province, now met in General Assembly, and by the aulho- '■"''^'■• 
rity of the same, That in case any person or persons shall be willinj^ to 
undertake or contribute toward the building of a Draw Bridge, and making 
a causey, at the place hereinafter mentioned, and shall contract and agree 
with the commissioners hereinafter appointed for that purpose, it shall and 
may be lawful to and for such person or persons, his or tbeir heirs and 
assigns, and he or they are hereby authorized and empowered, at his or 
their own proper cost and charges, by himself or themselves, his or their 
deputies, agents, officers, workmen, servants and others, to build a Draw 
Bridge across Ashley river, in the parish of Saint Andrew, at or near the 
place called Stoney Point, on the east side, to the marsh opposite to the said 
point, on the west side of the said river, and to make a causey on the said 
marsh, from the said bridge to the land of the late Mr. William Cattell, 
on ttie southwest side of the said river, in the said parish ; and that for the 
purposes aforesaid, he and they shall have full power and authority, by him- 
self or themselves, his or their servants, agent , workwien and others, to 
remove any obstructions in the said river, and to dig up and take away any 
marsh-mud, sand, or other impediment, and to deepen or widen the said 
river at the place aforesaid; and also, to dig and cut the banks of the 
same, in such manner as shall be necessary and proper for the building and 
making the said bridge and causey, and preserving the navigation of the said 
river ; and from time to time, and at all times hereafter, to do all other mat- 
ters and things necessary and convenient for erecting and maintaining the 
said bridge and causey, and preserving the said navigation and the im- 
provement thereof; the said person or person?, his or their heirs and 
assigns, doing as little damage as may be, to the owners, proprietors, and 
occupiers of, and persons interested in, any lands that may be damaged or 
prejudiced by, for or upon account of erecting and maintaining the said 
bridge or causey. 

II. And he it further enacted by the authority aforesaid, That the said 

person or persons, his or their heirs and assigns, shall have power and au- Dimensions, 
thority, and he or they are hereby fully empowered and authorized, to 
build the said bridge and make the said causey, with such materials as they 
shall think fit ; provided, that the said bridge be not less than eight feet in 
heighth, in the centre of the same, above the waters at high water mark, 
and twenty feet wide, and railed in on each side with good and substantial 
rails, or otherwise raised and secured, so as to prevent any mischief being 
done in passing the said bridge; and that the Draw Bridge be thirty feet 
long, and made in the deepest part of the channel of the said river for the 
convenience of the navigation ; and that the said causey be not less than 
sixteen feet wide at the top or surface, and one foot higher than the high 
water at spring fides. 

III. Xnd be it further enacted by the authority aforesaid. That for and 

in consideration of the great charges that the said person or persons, their Vested in the 
heirs or assigns, shall sustain in erecting and making the said bridge and "' '"■ 
causey, and repairing and supporting the same, the said bridge, when 
built, shall be, and is hereby, vested in the said person or persons, his or 
their heirs and assigns for ever ; and it shall and may be lawful to and for 



168 STATUTES AT LARGE 

A. D. 1754. ^Qfs relating to Roads, Bridges and Ferries. 

the proprietor or proprietors of tlie said bridge for the time being, froih 
time to time, and at all times hereafter, to ask, demand, receive, recover, 
and take, to and for his and their own proper use and behoof, in respect to 
his and their charges aforesaid, for pontage, or in the name of a toll or 
duty, before any passage over the said bridge shall be permitted, except as 
hereinafter is provided, the several sums following, in proclamation money, 
or the value thereof in other money current in this Province, that is to 
say: — for every coach, charriot, landau, berlin, chaise, chair, calash, or 
Toll. other vehicle, drawn by six or more horses, the sum of three shillings, 
proclamation money; for every coach, charriot, landau, berlin, chaise, 
chair, calash, or other vehicle, drawn by four horses, the sum of two shil- 
lings and six pence, like money ; for every coach, charriot, landau, berlin, 
chaise, chair, calash, or other vehicle, with four wheels, drawn by less than 
four horses, and more than one, the sum of two shillings, like money ; for 
every chaise or chair, drawn by two horses, and not having four wheels, the 
sum of one shilling and six pence, like money ; for every chair or chaise, 
and single horse, one shilling, like money; for every wagon, drawn by 
four horses or oxen, the sum of two shillings, like money ; for every cart, 
one shilling, like money ; for every horse, mule or ass, laden or unladen, 
and not drawing, three pence, like money ; for every foot passenger what- 
soever, two pence, like money ; for every man and horse, four pence, like 
money; for every drove of oxen or neat cattle, the sum of three pence, 
per head, like money ; for every drove of calves, hogs, sheep or lambs, the 
sum of one penny half penny, per head, like money; which said respec- 
tive sums of money shall be demanded and taken in the name of pontage, 
or as a toll or duty ; and the monies to be received as aforesaid, are hereby 
vested in the proprietor or proprietors of the said bridge for the time being, 
his and their heirs and assigns for ever, and the same and every part there- 
of shall be paid to him or them accordingly ; and such proprietor or pro- 
prietors, his and their heirs and assigns, is and are hereby authorized, by 
himself and themselves, or by any person or persons appointed by him or 
them, to levy the toll or duty hereby made payable, upon any person or 
persons who shall, after demand thereof made, neglect or refuse to pay 
the same as aforesaid ; and the proprietor or proprietors of the said bridge 
for the time being, shall and may deny and refuse to permit any passage 
over the said bridge until payment thereof; which said tolls and duties 
shall and may be levied by distress and sale, either of any horse, cattle or 
other thing, upon or in respect of which such toll shall be payable, or upon 
any other of the goods and chattels of such person or persons as ought to 
pay the same ; and shall and may detain such distress, for any time not 
exceeding the space of five days ; and then, if the tolls and duties for 
which such distress shall be so made, together with the charges attending 
the distraining and keeping the same, shall not be fully satisHed and paid, 
shall and may sell the same, rendering the overplus, if any be, after de- 
duction of the charges of distraining, keeping and selling such goods. 

IV. And be it further enacted by the authority aforesaid. That every 
person who shall have contributed toward defraying the charges of erecting 
the said bridge and making the said causey, his heirs and assigns, shall be 
entitled to have and receive such part or share of the monies accruing by 
the said tolls or duties for passing the said bridge, as shall be equal to the 
sum or sums he contributed, in proportion to the whole charge of erecting 
the said bridge and making the said causey. 

V. And whereas, it may happen that the said bridge may, in times to 
Come, receive such damage by storms or other unforeseen accidents, that 



OF SOUTH CAROLINA. 169 

Acts relating to Roads, Bridges and Ferries. A.D.I 754. 

the passage thereof" may, for some time, become dangerous or impractica- 
ble. Be it enacted by tlie authority aforesaid, That in all such cases, it ^^g''*^®,^"/'^'*'"' 
shall and may be lawful for the proprietor or propiietors of the said bridge bridge. 
for the time being, from time to time, as often as occasion shall require, to 
provide a proper and convenient ferry boat or boats to cross the said river, 
at such place as he or they shall judge to be most proper and convenient, 
and as near to the said bridge as conveniently may be, and there to take 
for passage over the said river, by such ferry or ferries, such rates and du- 
ties as are granted by this Act for the toll or pontage aforesaid ; provided, 
always, that such ferry or ferries shall not continue for any longer time 
than shall be necessary for repairing or rebuilding the said bridge, or longer 
than the passage over the same shall or may be dangerous or impracticable 
as aforesaid. 

VI. Knd provided, also, and he it further enacted, by the authority afore- 
said. That in case the proprietor or proprietors of the said bridge shall at 

any time hereafter neglect or refuse to rebuild or repair the said bridge and Penalty fome- 
causey for the space of twelve months, he or they, and every of them, shall ?''!<=ting to re- 
from thenceforth forfeit all his or their right, title, property and interest, 
of, in, or to, the said bridge, and the tolls and duties hereby granted to 
him or them for pontage or passage over the same, shall cease and deter- 
mine ; any thing herein contained to the contrary notwithstanding. And 
provided also, that in case the said bridge shall at any time hereafter be 
rebuilt, and at any time when the said bridge or causey shall be repaired, 
if any one or more of the said proprietors shall neglect or refuse to pay 
his or their proportionable part or parts of the expence thereof, for the 
space of three month after public notice given thereof at the said bridge, 
and in the public Gazette for three weeks, then every such proprietor and 
proprietors so neglecting or refusing, shall forfeit all his and their right, 
title, property and interest, of, in, and to, the said bridge, and the tolls 
and duties hereby granted for pontage or passage over the same, to the 
person or persons who were at the expence of rebuilding the said bridge, or 
repairing the said bridge or causey ; any thing herein contained to the con- 
trary notwithstanding. 

VII. And that the parts or proportions of the profits, as well as the 
expences, of the proprietors of the said bridge may be the better ascertained, Shares of the 
Be it further enacted by the authority aforesaid. That as soon as the said f"""!"''®*"'''': '° 
bridge and causey shall be finished, the commissioners hereinafter appoin- ^ ascertained, 
ted, or any five or more of them, shall have power and authority, and they 

are hereby fully impowered, authorized, enjoined, and required, to give 
every person who shall contribute toward defraying the charge of building 
and making the said bridge and causey (or his or their executors or admin- 
istrators, in case such person shall happen to be deceased,) an instrument 
in writing, under their hands and seals, to the following efFect, (to wit,) 

" By 
commissioners for the draw-bridge over Ashley river, at Stony-Point. 

These are to certify, that A. B. having contributed the sum of 

towards defraying the charges of erecting the said draw-bridge, 
and making the causey leading to the same, is therefore entitled to one 
part of the monies which will accrue by the tolls or duties granted 
by law for passing the said bridge. To hold the said part of 

the monies accruing by the said tolls or duties, to him the said A. B. his 
heirs and assigns, forever; upon condition, that the said bridge and causey 
are constantly kept in repair by the proprietors of the said bridge, and that 
VOL. IX— 22. 



170 



STATUTES AT LARGE 



A. n. 1754. 



Acis relating to Roads, Bridges and Ferries. 



be recorded. 



Roads to be 
made to said 
bridge. 



he, the said A. B. his heirs and assigns, shall and do well and truly pay 
part of the charges of such repairs as shall, at any time or 
times hereafter, be made to the said bridge or causey, pursuant to the direc- 
tions of the Act of the General Assembly in that case made and provided. 
As witness our hands and seals, this day of 

VIII. And be it further enacted by the authority aforesaid, That all and 
every the said instruments given by the said commissioners, shall be 

Certificates to recorded in the Secretary's office of this Province ; and in case any of the 
first proprietors, or their heirs, shall transfer or assign their right, title, 
property, or interest in or to the said bridge, or any part thereof, to any 
other persons, the deed or instrument of writing by which such transfer 
or assignment shall be made, or a memorial thereof, shall also be forth- 
with recorded in the said office, to the intent that it may at all times 
be known what persons are liable to keep the said bridge and caasey ia 
repair. 

IX. Avd he it further enacted by the authority aforesaid, That the 
commissioners for the roads of the district or districts in the said parish of 
St, Andrew which lead to Ashley ferry, shall be, and they are hereby, 
obliged and required to lay out and make convenient roads leading to \)[\^ 
said bridge and causey, from the present high-roads on each side of the 
river ; and to have such roads completed as soon as the said bridge and 
causey shall be finished ; and the inhabitants of the said district or districts 
shall be, and they are hereby, obliged, enjoined and required, to make the 
said roads, and to keep the same, from time to time, and at all times 
hereafter, in repair, in like manner as other high-roads are made and kept 
in repair by the laws of this Province ; and shall be subject to the like 
penalties for neglect thereof, as the other inhabitants of this Province are 
subjected to, by the said laws, for neglecting or refusing to make or repair 
the high roads in their respective districts ; and the commissioners for the 
roads in the said district or districts for the time being, shall be supervisors 
of the said bridge and causey, after the same shall be finished and com- 
pleted, and shall take care that the said bridge and causey are constantly 
kept in repair, according to the directions and true intent and meaning of 
this Act. 

X. And he it further enactedhy the authority aforesaid. That the pro- 
prietor or proprietors of the said bridge for the time being, shall be, and 
he or they is and are hereby, obliged and required, from time to time, and 
at all times hereafter, to keep a sufficient number of servants, one at least 
to be a white man, to attend constantly at the said bridge, as well by night 
as by day, that passage may be had over the said bridge, and that pettiau- 
guas, boats or other vessels may pass through the draw-bridge as occasion 
may require. And in case any person or persons going to the said bridge 
in order to pass the same, either by him or themselves, or with any vehicle, 
carriage, or other thing, and tendering the toll or duty hereinbefore ippoin- 
ted for passing the said bridge, shall be wilfully retarded, the said proprietor 
or proprietors shall forfeit and pay to such person or perstins, the sum of 
ten shillings, proclamation money, or the value thereof in other money 
current in this Province, for every quarter of an hour that he, she, or they 
shall be so retarded ; and in case any pettiaugua, boat or other vessel, shall 
be wilfully detained at the said bridge, either in going up or coming down the 
river, for want of the draw-bridge being raised, the said proprietor or 
proprietors shall forfeit and pay, to the owner or owners of such pettiaugua. 



Duty of own- 
ers, ns to atten 
dance, &.c. 



OF SOUTH CAROLINA. 171 

Acts relating to Roads, Bridges and Ferries. A.D. l7o4. 

boat or other vessel, the sum of twenty shillings, proclamation money, or 
the value thereof in other money current in this Province, for every hour 
that such pettiaugua, boat or other vessel shall be so detained as aforesaid ; 
which penalties and forfeitures shall and may be recovered in the same way 
and manner as is directed and appointed for the recovery of small debts, 
upon the oath of the party complaining, or any other credible witness, 
made before any one of his Majesty's justices of the peace for Berkley 
county. Provided, that complaint thereof be made within ten days, but 
not after. 

XI. And, be it further enacted by the authority aforesaid, That the 
Governor or Commander in chief of this Province for the time being, and 

all ministers of the gospel, and all persons going to and from places of ^^'j*""^-^ P'^^' 
divine worship, and all persons going to and from musters of the militia, 
and all persons in times of alarm, and all expresses or messengers on his 
Majesty's service to or from this Government, and all free Indians, their 
servants, attendants, horses and carriages, be, and they are hereby, ex- 
empted from paying any toll or duty, for passing or repassing the said 
bridge ; any thing herein contained notwithstanding. 

XII. And for preventing the wilful and malicious destroying or damag- 
ing the said bridge, or any part thereof, or interrupting the building of the 

same, Be it enacted, by the authority aforesaid. That if any person or ?^|';,"*^'^|jj"' '"' 
persons shall wilfully and maliciously blow up, pull down, burn, or other- bridge, 
wise destroy the said bridge, or any part thereof, or attempt so to do, or in 
any wise direct or procure the same to be done, whereby the said bridge, 
or the works thereof, may be damaged, or the lives o? passengers endan- 
gered, every such offender or offenders, being lawfully convicted thereof, 
shall be adjudged guilty of felony, and shall suffer death as a felon, without 
benefit of clergy. 

XIII. And for preventing any damages and mischiefs that may be done 

and committed, by any evil minded or disorderly persons, rowing, naviga- Or for dama"^- 

ting, or managing pettiaaguas, boats or other vessels, in or upon the saidingitby boats. 

Ashley river, and to the end that the masters and owners of such pettiau- 

guas, boats or vessels, may be more careful therein : Be il further enacted 

by the authority aforesaid, That every master and masters, owner and 

owners, of any pettiaugua, boat or other vessel, shall be, and is and are 

hereby, made answerable and responsible to make pecuniary satisfaction, 

for any wilful damage or mischief that shall be done, or for any wilful 

neglect or default, by his or their pettiaugua, boat or other vessel, or by any 

of the pettiaugua-men, boat-men, or crew, of or in such pettiaugua, boat or 

vessel, to the said bridge, or any part thereof; and the said master or 

masters, owner or owners, of every such pettiaugua, boat or vessel, shall 

and may be sued for every such trespass and damage which shall be so 

done, in any court of record in this Province. 

XIV. Arid he it enacted by the authority aforesaid, That the said bridge 

shall not be rated or assessed for or towards the payment of any public or The briilee ex. 
parochial tax whatsoever : nor shall the said bridge and causev, or any ^'"1". ''"'"'" 
part thereof, or of either of them, be deemed to belong to or be withm any 
parish, but shall be extra-parochial, to all intents and purposes whatsoever; 
and that the said bridge shall not be deemed a parish-bridge, so as to sub- 
ject the inhabitants of the said parish of St. Andrew to the repairing or 
supporting the same or the causey aforesaid. 

XV. And be it further enacted by the authority aforesaid. That the 
Honorable William Bull, Jr., William Wragg, and Jamea Michie, Esqrs , 



172 



STATUTES AT LARGE 



A.I). 1754. 



Acts relating to Roads, Bridges and Ferries. 



Commissioners 
appointed. 



General issue 
"may be plead- 
ed, &c. 



Thomas Smith, Benjamin Smith, William Brandford, John Miles, George 
Sommers, and John Drayton, Esqrs., or any five or more of them, shall 
be, and they are hereby, nominated and appointed commissioners for con- 
tracting and agreeing with such person or persons as shall be willing to 
undertake and contribute toward the building the said bridge and making 
the said causey, and for giving to such persons, after the said bridge and 
causey shall be finished, the instrument of writing hereinbefore directed ; 
Their powers, and in case any of the said commissioners shall happen to die, refuse to 
act, or depart this Province, before the matters hereby enjoined shall be 
carried into execution, it shall and may be lawful to and for the remaining 
commissioners, or any five of them, to nominate and appoint another 
person or persons to be commissioner or commissioners in the room of 
him or them, so dying, refusing to act, or departing this Province ; and the 
person and persons so nominated and appointed, shall have the same powers 
and authorities, for carrying this Act into execution, to all intents, con- 
structions and purposes whatsoever, as the commissioners have who are 
hereinbefore named. 

XVI. And be it further enacted by the authority aforesaid. That if any 
action or suit shall be commenced against any person or persons, for any 
thing done, or to be done, in pursuance of this Act, in every such case 
the action or suit shall be commenced within six months next after the fact 
committed, and the offender discovered, and not afterwards ; and the defen- 
dant or defendants in such action or suit shall and may plead the general 
issue, not guilty, and give this Act and the special matter in evidence, at 
any trial to be had thereupon, and that the same was done in pursuance 
and by the authority of this Act ; and if it shall appear so to be done, or 
that such action or actions shall be brought after the time before limited 
for bringing the same, that then the jury shall find for the defendant or 
defendants ; or if the plaintiff or plaintiffs shall become non-suited, or 
discontinue his, her, or their action or suit, or if a verdict shall pass against 
the plaintiff or plaintiffs, or if upon demurrer, judgment shall be given 
against the plaintiff or plaintiffs, the defendant or defendants shall recover 
treble costs, and shall have such remedy for the same as any defendant or 
defendants hath or have, for cost of suit in any other cases by law. 

XVII. Xnd be it further enacted, by the authority aforesaid. That this 
Act shall be deemed a public Act, and be judicially taken notice of as 
such, by all judges, justices, and other persons whatsoever, without specially 
pleading the same. 

JAMES MICHIE, Speaker. 

In the Council Chamber, the SiJi day of May, 1754. 

Assented to: JAMES GLEN. 



Public Act. 




OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 

AN ACT APPOINTING CoMMISSIONKRS FOR REPAIUINO AND KEEPING IN No. 825. 
REPAIR THE BriDGE OVER CoMBEE RiVER, FROM THE CaUSEY TO THE 

TOWN OF Radnor ; and Commissioners for re-building and keep- 
ing IN repair the Bridge over Wappoo Creek, in the parish of 
St. Andrew; and declaring the said Rridge, and Hooper's 
Bridge, in the said parish of St. Andrew, to re parish Bridges, 

AND APPOINTING COMMISSIONERS FOR THE SAID BrIDGE. 

WHEREAS, by an Act appointing co nmissioncrs for building a bridge 
over Conibee river, no powers were therein given to the said commissioners Preamble. 
to repair the said bridge. And tvhereas, most of the persons who were ap- 
pointed commissioners for budding the said bridge over Combee river, from 
the causey to the town of Radnor, by an Act of the General Assembly of 
this Province, made the eighth dav of March, in the year of our Lord one 
thousand seven hundred and forty-two, are dead or removed from that part 
of the county, whereby the said bridge has been neglected and gone to de- 
cay, so that it is become dangerous to pass over the same : — we therefore 
humbly pray his most sacred Majesty that it may be enacted, and 

L Be it efiacted, by his Excellency James Glen, Esquire, Governor-in- 
chief and Captain-General in and over the Province of South Carolina, (-.g,j^,jjjgy;jj^g^g 
by and with the advice and consent of his Majesty's Council, and the for bridge over 
House of Assembly of the said Province, now met in General Assembly, ^°'"''^^' ^' 
and by the authority of the same. That Daniel Wilshuysen and Stephen 
Bull, EsqVs., William Smimons, Thomas Huchinson, and Joseph Ladson, 
or a majority of them, shall be, and they are hereby appointed, commission- 
ers for repairing and keeping in repair the said bridge over Combee river ; 
and they, the said commissioners, are hereby impowered and authorized, 
obliged, enjoined and required, within six months from the time of passing 
this Act, at the expense of the persons who were made liable to defray the 
charges of building the said bridge by the Act above mentioned, to repair 
the said bridge, under pain of each and every of the said commissioners 
forfeiting the sum of fifty pounds, proclamation money ; one moit^ty where- 
of to the use of his Majesty, to be applied by the General Assembly, and 
the other moiety to him or them who will inform and sue for the same, by ac- 
tion of debt, bill, plaint or information, in any court of record in this Pro- 
vince, wherein no essoign, privilege, protection or wager of law, shall be 
allowed or admitted, nor any more than one imparlance. 

H. And whereas, the commissioners appointed by the above mentioned 
Act for building the said bridge over Combee river, under pretence of ^^- xqII'"11''sqs17a. 
pairing the same, did gather and collect divers sums of money for that ser- 
vice, from several of the persons who were liable to contribute toward de- 
fraying the expense thereof, notwithstanding the said bridge has never been 
repaired ; and if the said money cannot be recovered from the said commis- 
sioners, it would be laying too great a burthen upon such persons to oblige 
them to pay an equal proportion with the other persons liable to defray the 
expense, without their being re-imbursod what they have already paid. Be it 
therefore further enacted by the authority aforesad. That the commissioners 
by this Act appointed, when they make the assessment of the charges for 
repairing the said bridge, shall add to the said charges all such sum and sums 
of money as shall be made appear to them to have been paid to the said 
former commissioners by any of the persons aforesaid, for repairing the 



174 STATUTES AT LARGE 

A. U. 1751. ^(-ig relating to Roads, Bridges and Fef-ries. 

said bridge, and shall levy and collect the same from all the persons here, 
by made liable to defray the said charges, and shall return to the said 
persons the several sums of money which they, respectively, had so paid 
for the purpose aforesaid to the said former commissioners ; or the com- 
missioners hereby appointed may discount with the said persons, out of the 
proportion which they are respectively to pay toward repairing the said 
bridge, the several sums which they had before paid, as aforesaid. 

III. And he it fur/her enacted by the authority aforesaid, That the 
Former com- commissioners appointed by this Act for repairing the said bridge shall have 
re'fund'^^'^^ '" ^"" P^^^^"" ^"^ authority to levy and collect all such sum and sums of mo- 
ney from the said former commissioners, as shall be made appear to have 
been by them, or any of them, received from any of the said persons, un- 
der pretence of repairing the said bridge, as aforesaid. 

IV. And be it further enacted, by the authority aforesaid. That Daniel 
Commissioners Pepper, Esq., Capt. Robert Rivers, and James Screvin, or any two of 
b"idge!*^'^'*" them, shall be, and they are hereby appointed, commissioners for rebuild- 
ing and keeping in repair the bridge over Wappoo Creek, in the parish of 
St. Andrew; and they, the said commissioners, are hereby impowered and 
authorized, obliged, enjoined and required, within six months from the 
time of passing this Act, at tlie expense of the persons hereinafter mention- 
ed, to re-build the said bridge over Wappoo creek, and to raise the same to 
such height above the surface of the waters at high tide, as they siiall judge 
convenient, but not less than ten feet, under pain of each and every of the 
said commissioners forfeiting the sum of fifty pounds, proclamation money, 
to be recovered and applied in the same manner as is above directed and 
appointed. 

V. And be it furtlier enacted by the authority aforesaid. That the said 
Who liable to bridge over Wappoo Creek shall be re-built, and at all times hereafter kept 
repair it. in repair, at the expense of the inhabitants of the said parish of St. An- 
drew, by a tax or assessment upon all the male slaves from the ages of six- 
teen to sixty years, within the said parish ; any thing contained in any 
other Act of the General Assembly of this Province, or any law, usage or 
custom, to the contrary thereof in any wise notwithstanding. 

VI. And be it farther enacted by the authority aforesaid. That the 
Hooper's bridge called Hooper's Bridge, near the Church in the said parish of St. 
Bridge .declar- Andrew, shall be, and is hereby declared to be, a parish bridge, and at 
ed a parish ^11 times hereafter shall be maintained and kept in repair in the same man- 
ner as other parish bridges in this Proviuce are maintained and kept in re- 
pair ; any law, usage or custom, to the contrary thereof in any wise notwith- 
standing. And that the board of high-road commissioners for the said parish, 
or a majority of them, shall be, and they are hereby appointed, commission- 
ers for the said Hooper's Bridge ; and they, the said commissioners, are here- 
by impowered, authorized, obliged and enjoined and required, within ten 
months from the time of passing this Act, at the expen.se of the persons lia- 
ble to build and repair the same, under pain of each and every of the said com- 
missioners forfeiting the sum of fifty pounds, proclamation money, to be 
recovered and applied in such manner as is above directed and appointed in 
relation to Combee and Wappoo bridges. 

,, . VII. And he it further enacted by the authority aforesaid, That the 

rowers of com- . . -^ . , ,,,-., • . i i n i c ^\ j 

missioners. commissioners, respectively, by this Act appointed, shall have as lull and 

ample power and authority, to all intents and purposes whatsoever, for car- 
rying the several matters hereinbefore directed into execution, and for as- 
sessing, levying and collecting the expenses that may attend the same, as 



' Vacancies, 



OF SOUTH CAROLINA. nf.> 

Acts relating to Roads, Bridges and Ferries. A.I). 1754. 

any other commissioners for bridges or high-roads have, or are invested 
with, by any Act or Acts of the General Assembly of this Province. 

VIII. And be it further enacted by the authority aforesaid, Tliat i;i case ., 
any of the said commissioners for the said bridges, respectively, shall happen ' 
to die or depart this province, or refuse to act, it shall and may be lawful to 
and for the remaining commissioners to choose and appoint another person 
or persons to be commissioner or commissioners in the room of him or them 
so dying or departing this Province; and the person or persons so chosen 
and appointed sliall have the same power and authority for carrying this 
Act into execution, and shall be subject and liable to the same penalties and 
forfeitures for neglect thereof, as the commissioners hereinbefore named. 

IX. And be it further enacted, by the authority aforesaid. That this 

Act shall be deemed a public Act, and as such shall be given in evidence ''"''•'c Act. 
before all courts of record in this Province, without pleading the same. 

JAMES MICHIE, Speaker. 

In the Council Chamber, the Wth day of May, 1754. 

Assented to: JAMES GLEN. 



AN ACT FOR VESTING THE FeRRY OVER SaVANNA RiVER, AT THE No. 827, 

Garrison of Fort Moore, in New Windsor, in John Stewart, 
OF New Windsor, his Executors, Administrators and Assigns, 

FOR the TERJI therein MENTIONED ; AND FOR ESTABLISHING A FeR- 
RY OVER SaNTEE RivriR, IN THE ToWNSHIP OF SaXE GoTHA, FROM 
THE LAND OF MaRTIN FrIDIG , ON THE SOUTH SIDE, TO THE OPPOSITE 
LANDING, ON THE NORTH SIDE, OF THE SAID RIVER, AND FOR VESTING 
THE SAME IN THE SAID MaRTIN FrIDIG, HIS ExECUTORS, ADMINISTRA- 
TORS AND Assigns, for the term therein ttentioxed. 

WHEREAS, a ferry hath been established from the usual landing place, 
near the Garrison of Fort Moore, in New Windsor, to the place commonly *'''^*™'''®' 
called the Sand Bar, in Georgia, lying opposite to the said landing, and 
vested in Cornelius Cook for the term of seven years from the time of pas- 
sing the Act made for that purpose ; which Act will expire in June next 
ensuing. Arrd whereas, John Stewart, of New Windsor, and several oth- 
er persons, have, by their peti:ion to the General Assembly, humbly prayed 
that a law may be passed for vesting the said fejry in the said John Stewart, 
who has purchased the land contiguous to the place where tiie said ferry is 
established, from the said Cornelius Cook. We therefore humbly pray his 
most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
chief and Captain-General in and over the Province of South Carolina, by 
and with the advice and consent of his Majesty's Council, and the Assem- 
bly of the said Province, and by the authority of the same, That the ferry 
over Savanna river, from the usual landing place, near the Garrison of Fort 
Moore, in New Windsor, to the place commonly called the Sand Bar, in 



176 STATUTES AT LARGE 

A. D. 1754. Acts relating to Roads, Bridges and Ferries. 

Georgia, be, and from and immediately after the twenty-fourth day of 
June, in the present year of our Lord one thousand seven hundred and fifty- 
Mooire vested four, shall be, vested in the said John Stewart, his executors, administrators 
in J. Stewart, and assigns, from the said twenty-fourth day of June, for and during and unto 
the full end and term of seven years, from thence next ensuing, fully to be 
complete and ended, and from thence to the end of the then next session of 
the General Assembly. And that it shall and may be lawful to and for the 
said John Stewart, his executors, administrators and assigns, during all 
that time, to demand, have, receive and take, to his and their own proper 
use, of and from all manner of person and persons passing and re-passing 
at the said ferry, except as hereinafter is excepted, the several rates and 
sums following, that is to say : — for a foot passenger, one shilling and six 
pence; for every horse, one shilling; for neat cattle, by the head, one 
shilling ; for hogs or sheep, by the head, six pence ; for transporting goods, 
every hundred pounds weight, one shilling, current money of tliis Pro- 
vince. For which several rates and sums, the said John Stewart, his 
Toll. executors, administrators and assigns, after demand and refusal of the 
same, may detain in his custody the goods or chattels of any person so 
refusing to pay ferriage, until satisfaction shall be made for the said rates 
and sums becoming due as aforesaid ; and on such detainer, to apply to any 
of his Majesty's justices of the peace, who are hereby authorized and em- 
powered, on such application, to issue a warrant of distress against the 
goods and chattels of such person, and to cause the said rates and sums to 
be levied by sale of the goods, returning the overplus, if any, to the own- 
er. Provided, always, that all ministers of the Gospel, all persons going 
to and from divine service, and all Indians, and all persons on the public 
service, shall and may pass the said ferry gratis. 
11. knd he it further enacted by the authority aforesaid, That the said 
t)uty of owner John Stewart, his executors, administrators and assigns, shall be, and they 
of said ferry. ^^^ hereby, obliged and required, constantly to provide and keep in good 
repair, a sufficient ferry boat or boats, for carrying and transporting over 
the said river, passengers, horses, cattle and goods; and also, two able 
men, one of whom shall always be a white man, who shall constantly at- 
tend the said ferry, at all times of the day and night throughout the year, 
to transport and carry over all passengers, horses, cattle and goods, when 
and so often as they shall be required. 

IIL And be it further enacted by the authority aforesaid, That in case 
Penalty for any person who has occasion to pass over the said ferry shall meet with un- 
oeg ect. reasonable delay, or be retarded for want of the said ferry boat or the per- 

sons who are hereby required to attend the said ferry, the said John Stew- 
art, his executors, administrators or assigns, shall forfeit and pay, for every 
such delay, to the party grieved, the sum of twenty shillings, and the fur- 
ther sum of twenty shillings for every hour afterward that any person Shall 
be so delayed. Which sum or sums shall and may be recovered, on oath 
made of such delay, by warrant, from any one justice of the peace, who, 
on complaint to him made, shall hear and determine the same according to 
the powers given him by law for trying small and mean causes. 

IV. And ivhereas, the establishing a ferry over Santee river, in the 
Township of Saxe Gotha, from the land of Martin Fridig, on the south 
side, to the opposite landing, on the north side, of tiie said river, will be of 
great use and advantage to the inhabitants, and all other persons travelling 
in those parts. Be it therefore further enacted by the authority aforesaid, 
That a ferry shall be, and is hereby, established for the transporting of 



OF SOUTH CAROLINA. 177 

Acts relating to Roads, Bridges and Ferries. A.D.I 754. 

passengers, horses and cattle over Santee river, from the land of Martin 

Fridig, in Saxe Gotha Township, on the south side, to the opposite landing, blished over 

on tlie north side, of the said river. And that the right, title, interest, profit Saiuee, at M. 

and advantage of the said ferry, shall he, and is hcrohy, vested and settled '"^'g^- 

in the said Martin Fridig, his executors, administrators and assigns, for and 

during the term of seven years from the time of passing this Act, and 

from thence to the end of the next session of the General Assembly. And 

the said Martin Fridig, his executors, administrators and assigns, shall be, 

and he and they is and are hereby, authorized and empowered to take and 

receive, to his and their own use, and to have and enjoy, all and singular 

the profits and advantages whatsoever to the said ferry belonging or in 

any wise appertaining. 

V. And be it also enacted by the authority aforesaid, That it shall 

and may be lawful for the said Martin Fridig, his executors, administrators Toll. 
and assigns, to demand, have, take and receive, to his and their own pro- 
per use, the several rates following, that is to say : — for every single person 
ferried over at the said ferry, one shilling and three pence ; for every horse, 
one shilling and three pence ; for an empty cart, five shillings; for a loaded 
cart, ten shillings ; for an empt}^ wagon, seven shillings and six pence ; for 
a loaded wagon, twenty shillings ; for every head of neat cattle, ferried or 
swam, one shilling and three pence ; for hogs, sheep or calves, by the 
head, six pence, in the current and lawful money of this Province. For 
recovery of which several rates and sums becoming due as aforesaid, from 
all persons passing and re-passing the said ferry, the said Martin Fridig, his 
executors, administrators and assigns, shall have like remedy as is herein- 
before given to the above named John Stewart, his executors, administra- 
tors and assigns, from the persons passing the ferry over Savanna river. — 
Provided, also, that all ministers of the Gospel, and persons going to and 
from divine service, and all Indians, and all persons on the public service, 
shall and may pass the said ferry over Santee river gratis. 

VI. And be it further enacted by the authority aforesaid, That the said _ . 

. . . . jJutv 01 owner 

Martin Fridig, his executors, administrators and assigns, shall be, and they of said ferry. 

are hereby, obliged and required, during the said term, constantly to provide 

and keep in good repair, a ferry boat or boats, for carrying and transporting 

over the said Santee river, all passengers, horses, cattle, carts, wagons and 

goods; and also, two able men, one of whom shall be a white man, who 

shall constantly attend the said ferry, as well by night as by day ; and in 

case any person shall meet with unreasonable delay, the said Martin Fridig, 

his executors, administrators and assigns, shill forfeit and pay, to the party 

grieved, the like penalties as are hereinbefore imposed on the above named 

John Stewart, his executors, administrators and assigns ; which penalties 

shall and may be sued for and recovered in the Bame manner as is above 

directed and appointed for recovery of the penalties from the said John 

Stewart, his executors, administrators and assigns. 

JAMES MIC HIE, Speaker. 

In the Council Chamber, the Wth day of May, 1754. 

Assented to: JAMES GLEN. 

VOL. IX— 23. 




STATUTES AT LARGE 

^cts relating to Roads ^ Bridges and Ferries. 
No. 832. AN ACT for laying out, making, and keeping in repair, a Roaii> 

FROM PuRYSBURGH TO Bee's CkEEK, IN GrANVILLE CoUNTY ; AND 
for DISCONTINUING SUCH PART OF THE PRESENT HiGH RoAD AS LEADS 

FROM Day's Creek to Purysburgh. 

WHEREAS, the commissioners for the high roads, and the rest of the 
Preamble, inhabitants of the parish of Saint Peter, Purysburgh, have presented a 
petition to the General Assembly, setting forth that the high road laid out 
from Coosawhatchie to Purysburgh, by the way of Day's Creek, is incapable 
of ever being made good, or even passable, by reason of the frequent fresh- 
es and floods in the said creek, which carry away the bridge and causey, 
and have rendered all the work that hath hitherto been done on the said 
road ineffectual; and that if the said road could be made good, yet it would 
» be a great many miles round about, and out of the way of the petitioners, 

and all others travelling to and from the southward ; and thereforCj praying 
that the said road may be discontinued, and another road laid out and made 
in the most convenient and direct way, from Purysburgh to Bee's creek, 
and thence to Coosawhatchie, as that part of the road already laid out runs, 
by which course the road will be shortened at least seventeen miles, and 
the ground being better, it will be much easier made and kept in repair. — 
We therefore humbly pray his most sacred Majesty that it may be enacted, 
and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
chief and Captain-General in and over the Province of South Carolina, by 
r^sbuMnoUi'e^"^ ^'*^ ^^^ advice and consent of his Majesty's Council, and the Com- 
Bee's creek mons House of Assembly of the said Province, now met in General Assem- 
^°^^- bly, and by the authority of the same, That the commissioners for the high 

roads in the parish of Saint Peter, Purysburgh, or the majority of them, 
together with the commissioners hereinafter named, or a majority of them, 
shall have power and authority, and they are hereby fully empowered and 
authorized, to lay out a new road from the Parsonage House, in the Town- 
ship of Purysburgh, or from such other place in the said township as they 
shall judge most proper, into the present road near Bee's creek. 

H. And he it further c;2ac;^e<^ by the authority aforesaid. That Abraham 
Commiasioners Dupont, Paul Porcher, and Drury Dunn, shall be, and they are hereby ap- 
pointed, commissioners for such part of the said new road as shall be situate 
in the parish of Saint Helena. 

HI. And he it further enacted by the authority aforesaid, That such 
Wh k P^'^^ ^^ ^^^ ^^^^ "^^ xoflA so to be laid out, as shall be situate in the said 

on it. parish of Saint Peter, Purysburgh, shall be made and kept in repair by the 

inhabitants of the said parish ; and that such other part of the said road as 
shall be situate in the parish of Saint Helena, shall be made and kept in 
repair by the inhabitants residing on the west side of Euchaw swamp, inclu- 
ding the several plantations of William Middleton and Henry Middleton, 
Esqu'rs., on the said swamp; and also, by the inhabitants residing to the 
westward of the said road, and all others living most contiguous thereto. 
W. And be it further enacted by th(5 authority aforesaid, That the said 
Power of com. ^^""^''^^'^"^'"^ ^'^'' ^^^^ '^'S'^ roads in the said parish of Saint Peter, Purys- 
miasioners. burgh, and the commissioners hereinbefore named for the high roads of 
that district in the parish of Saint Helena, wher9in the new road is above 
directed to be laid out, made, and kept in repair, respectively, shall have 
all the powers and authorities for carrying this Act into execution, which 



OF SOUTH CAROLINA. 

Act-i relating to Roads, Bridges and Ferries. 



179 



A. D. 1756. 



are given to any other commissioners for high roads by any Act or Acts 
of the General Assembly of tliis Province, and shall be subject and liable 
to the same penalties and forfeitures for neglecting or refusing to lay out, 
make, or keep the said road in repair, as any other commissioners for high 
roads are by any of the said Acts made subject and liable unto. 

V. And be it further enacted by the authority aforesaid, That such part pormer road 
of the present high road as leads from Day's creek to Purysburgh, shall, discontinued. 
from henceforth, be discontinued, so that no person or persons whosoever 
shall be liable to work upon the same ; any law, usage or custom to the 
contrary notwithstanding. 

B. SMITH, Speaker. 

In the Council Chamber, the 12th day of Xpril, 1755. 

Assented to: JAMES GLEN. 



AN ACT FOR MAKING A RoAD ACROSS HiLTON HeAD, FROM PoRT No. 842. 

Royal Inlet to Callibogy Inlet ; and a Road frosi the Ford- 
ING Islands to the head of Oakatee Creek, in Granville 
County ; and appointing Commissioners for the said roads. 

WHEREAS, the making of a road across Hilton Head, from Port Royal 
Inlet to Callibogy Inlet, and a road, from the Folding Islands to the head Preamble, 
of Oakatee creek, in Granville county, will be very beneficial to the inha- 
bitants of those parts. We therefore humbly pray his most sacred Majesty 
that it may be enacted, and 

I. Be it enacted^ by his Excellency James Glen, Esquire, Governor. in- 
chief and Captain-General in and over the Province of South Carolina, by . 
and with the advice and consent of his Majesty's Council, and the Com- t^n Head to 
mens House of Assembly of the said Province, and by the authority of the Calliboggy. 
same, That a public road shall be laid out and made across Hilton Head, 

from Port Royal Inlet, to Callibogy Inlet; which road shall be laid out, 

made, and at all times thereafter kept in repair, by the male inhabitants, 

from the age of sixteen to sixty years, living and residing on Hilton Head 

aforesaid ; and also, that another public road shall be laid out and made, 

from the Fording Islands to the head of Oakatee creek, in Granville county; 

which road shall be laid out and made, and at all times thereafter kept in Fym Fording 

repair, by the male inhabitants, from sixteen to sixty years of age, living Q^katee cteek. 

and residing to the southwani of the said Oakatee creek, in such manner 

as othfT public roads in this Province are laid out, made and kept in 

repair. 

II. And he it further enacted bv the authority aforesaid. That Morgan 

Sabb, John Garvey, Pliilip Martinangel, Arthur^Bull, and Henry Toomer, <^°°^"'«^'°°^" 
shall be, and they are hereby nominated and appointed, commissioners for 
the said roads; and they, the said commissioners, or a majority of them, 
shall have the same powers and authorities for carrying this Act into exe- 



UNiVF-RSITY OF SOUTH CAROLINA 
SCHOOL OF LAW LIBRARY 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 



cution, as other commissioner for the high roads are invested with by the 
laws of this Province, and shall be subject and liable to the same penalties 
and forfeitures for neglect thereof. 

III. And be it further enacted by the authority aforesaid, That in case 
Vacancies. ''^"y °^ ^^^^ ^"^'^ commissioners shall happen to die, refuse to act, or depart 

this Province, it shall and may be lawful for the remaining commissioners, 
or a majority of them, to noniinate and appoint another commissioner or 
commissioners in the room of him or them so dying, refusing to act, or 
departing the Province. 

IV. And he it further enacted b)' the authority aforesaid, That all and 
every person and persons hereby made subject and liable to lay out, make, 

Exemption. g^j^^j keep in repair, the roads above mentioned, shall be, and they are here- 
by, exempted from working on any other road or roads whatsoever ; any 
law, usage or custom to the contrary thereof in any wise notwithstanding. 

B. SMITH, Speaker. 

In the Council Chamber, the \^th day of March, 1756. 

Assented to: JAMES GLEN. 



No. 843. AN ACT establihing Ferries over Waccamaw and Peedee Rivers, 

AND vesting the SAME IN THE PERSONS THEREIN MENTIONED ; AND 
APPOINTING AND EMPOWERING COMMISSIONERS FOR MAKING RoADS 
LEADING TO THE SAID FeRRIES. 



Preamble. 



Ferry over 
Waccamaw. 



WHEREAS, the inhabitants of Waccamaw Neck, by their petition to 
the General Assembly, have set forth, that tvhtreas, the ferry on Wacca- 
maw, opposite to Georgetown, commonly called Wasso Ferry, has been 
found by experience to be badly situated, by reason of the width of the 
river and bad situation of the causeys and slips, which render it, often- 
times, impassable in rainy or windy weather, and humbly prayed that a law 
may be passed for establishing ferries at the places hereinafter mentioned, 
and for appointing and empowering commissioners for making roads leading 
to the same. We therefore humbly pray his most sacred Majesty that it 
may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
chief and Captain-General in and over the Province of South Carolina, by 
and with the advice and consent of his Majesty's Council, and the Com- 
mons House of Assembly of the said Province, and by the authority of the 
same. That a ferry shall be, and is hereby, established for the transporting 
passengers, horses and cattle over Waccamaw river, from the plantation, 
late of George Threadcraft, deceased, on the south-east side of the said 
river, to the Island, belonging to Elias Foissme, Esquire, on the north-west 
side of the said river. And that another ferry shall be, and is hereby, 
established for transporting passengers and cattle, from the plantation, 



Toll. 



OF SOUTH CAROLINA. 181 

Ads relating to Roads, Bridges and Ferries. X.U.UbCu 

heretofore belonging to John Glen, on the west side of Great Peedee river, 
to the island aforesaid, on the east side of the said Peedee river ; and that 
the right, title, interest, profit, and advantage of the said several ferries, shall 
be, and is hereby, vested and settled in the res])ective proprietors of the said 
plantations, late of George Tiireaderaft and John Glen, and to their res[)ec- 
tive executors, adn)inistrators and assigns, for and during the term of seven 
years, and from thence to the end of the next session of the General As- 
sembly. And the said proprietors of the said plantations, respectively, their 
several and respective executors, administrators and assigns, shall he, and 
they are hereby, authorized and empowered, to take and receive, to their 
own proper use, the several rates following, that is to say : — for every sin- 
gle person ferried over at Waccamaw Ferry, two shillings and six pence ; 
for every man and horse, five shillings; for a chair or other two wheeled 
carriage, ten shillings ; for every head of neat cattle, ferried or swam, one 
shilling; for calves, sheep or hogs, by the head, six pence, in the lawful 
money of this Province; and one half of the said rates shall be paid at tlie 
ferry over Peedee river. For recovery of which several rates and sums 
becoming due as aforesaid, from all persons passing and re-passing either 
of the said ferries, the proprietors of the said plantations, respectively, and 
their several and respective executors, administrators and assigns, shall 
have like remedy as is given by law for the recovery of debts under twenty 
pounds, by the Act for trial of small and mean causes. 

II. And be it also enacted by the authority aforesaid, That the said 
proprietors of the said plantations, respectively, their several and ""espective ^^^'-^ "^^"^"^^.^ 
executors, administrators and assigns, shall be, and they are hereby, obliged lies. 

and required, from and immediately after the roads and causey hereinafter 
mentioned shall be finished and completed, during the said term of seven 
years, constantly to provide and keep in good repair, a ferry boat or boats, 
for carrying and transporting over the said rivers, at the said ferries, respec- 
tively, all passengers, horses, cattle and chairs, or other two wheeled car- 
riages, ; and also, two able men, one of whom to be a white man, who 
shall constantly attend the said ferry, as well by night as by day. And in 
case any passenger shall meet with unreasonable delay, at either of the 
said ferries, the person or persons in whom the same is hereby vested, his 
or their executors, administrators or assigns, shall forfeit and pay, to the 
party grieved, the sum of forty shillings, for the first hour, and the further 
sum of twenty shillings, for every hour afterwards, that any person .shall be 
so delayed ; which sum and sums shall and may be recovered, on oath of 
such delay, by warrant, from any one justice of the peace, who, on com- 
plaint made to him, shall hear and determine the same according to the 
powers given him by 'aw for trying small and mean causes. Provided , 
always, that all ministers of the Gospel, persons going to and from divine 
service, persons going to and from musters, and all persons in the service of 
the public, and all free Indians, shall and may pass either of the said ferries 
gratis. 

III. And he it also enacted, by the authority aforesaid, That the commis- 
sioners hereinafter named, or a majority of them, shall have power and fi"- j^^j^^j, ^^ 1^^ 
thority, and they are hereby fully empowered and authorized, to lay out, made to said 
make auvl keep in repair, a road from the highway to Cape Fear, leading f*^"'^*- 

to the ferry hereby established over Waccamaw river, at the plantation, late 
of George Threadcraft, deceased, by the labor of the male inhabitants of 
Waccamaw Neck, from the age of sixteen to sixty years; and also to lay 
out, make and keep in repair, a road or causey across the Island, belonging 



182 STATUTES AT LARGE 

A. D. 1756. jicts relating to Roads, Bridges and Ferries. 

to the said Elias Foissme, opposite to the said ferry, leading to the other 
ferry hereby established over Great Peedee river, in such part of the said 
island as they shall judge most convenient for that purpose. 

IV. And be it further enacted by the authority aforesaid, That Wm. 
Commissioners -^''^*^^"' John Clark, Archibald Johnston, John Waties, Alexander McDow- 
ell, Charles Lewis, and Josiah Allston, be, and they are hereby appointed, 
commissioners for the said roads. 

V. And for the more expeditious finishing the road or causey over the 
island aforesaid, Be it further enacted by the authority aforesaid, That 

£500 to be as-t}^g g^n] commissioners, or a majority of them, shall have power, and they 
and slaves. ^""^ hereby fully empowered and authorized, to levy the sum of five hundred 
pounds, current money, by an equal assessment on the lands and slaves 
lying and being on Waccamaw Neck, from the lower part of the said neck 
to the boundary line between South and North Carolina, according to the 
quantity of lands and number of slaves ; which sums, the said commission- 
ers shall apply toward laying out and making the road or causey across the 
island aforesaid. And in case any person or persons, owner or owners of 
any of the lands or slaves to be assessed by the said commissioners for the 
purposes aforesaid, shall neglect or refuse to pay his, her or their just pro- 
portion of the said assessment, by the time appointed by the said commis- 
sioners, or a majority of them, for payment of the same, it shall and may 
be lawful for the said commissioners, and they, or a majority of them, are 
hereby fully authorized and empowered, to levy and collect the same, by 
warrant of distress, under their hands and seals, against the defaulters, in 
like manner as the collectors of the taxes for support of this Government 
are or have been empowered and authorized to collect and gather in the 
said taxes from defaulters, by any Act or Acts of the General Assembly 
of this Province ; any law, usage or custom to the contrary notwithstand- 
ing- 

VI. And he it further enacted by the authority aforesaid. That the said 
How to be kept '^^^'^ '^XQm the highway to Cape Fear, leading to the ferry over Waccamaw 
in repair. rivcr aforesaid, and the road or causey over the island aforesaid, after the 

same are finished, shall, at all times from thenceforth, be kept in repair by 
the male inhabitants, from sixteen to sixty years of age, living and residing 
on Waccamaw Neck, from the lower part thereof to the boundary line be- 
tween South and North Carolina, in like manner as the roads of other dis- 
tricts in this Province are kept in repair by the laws of this Province. — 
Provided., ahvays, that the said inhabitants shall, at all times hereafter, be 
exempted from keeping Wasso causey in repair ; any law, usage or custom 
to the contrary thereof in any wise notwithstanding. 

Vn. And be it also enacted by the authority aforesaid. That in case 
Vacancies. ''•"y ^^ ^^e commissioners hereby nominated shall happen to die, refuse to 
act or depart this Province, it shall and may be lawful for the remaining 
commissioners, or a majority of them, to choose and appoint another per- 
son or persons to be commissioner or commissioners in the room of him or 
them so dying, refusing to act, or departing the Province. And the per- 
son or persons so nominated and appointed, shall have the same powers and 
authorities for carrying this Act into execution, as the commissioners here- 
by nominated. 

VIIL And be it further enacted by the authority aforesaid, That the 

commissioners of tlie roads in the lower district of Peedee, shall have pow- 

Road from fer- j. and they are hereby fully authorized and empowered, directed and 
ry over reedee • , , , , , • ■ , i i u c 

to Georgetown, required, to lay out, make and keep in repair, at the expense and labour or 



OF SOUTH CAROLINA. 

Acts relating to Roads, Bridges and Ferries. 

the male inhabitants, from sixteen to sixty years of age, living and residing 
in the said district, a road leading from the ferry established over Great 
Peedee river, at the plantation, late of John Glen, to the high road leading 
to Georgetow^n. 

B. SMITH, Speaker. 

In the Council Chamber, the lOth day of March, 1756. 

Assented to: JAMES GLEN. 




AN ACT FOR LAYING OUT, MAKING AND KEEPING IN REPAIR, A RoAD No. 850. 

FROM THE Bridge commonly called Minnick's Bridge, to the 
Fifteen Miles Post, on the Road leading from Orangeburgh 
Township to Charlestown ; and for re-building the said Bridge 

AND keeping the SAME IN REPAIR. 



Preamble. 



WHEREAS, the making of a road from the bridge commonly called 
Minnick^s Bridge, to the fifteen miles post, on the road leading from Or- 
angeburg township to Charlestown, will be very convenient for the inhubi- 
tants residing in the forks of Edisto river, and many of the inhabitants 
living on the north side of Pon Pon river — we therefore humbly pray his 
most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esq., Governor-in-chief 

and Captain-General, in and over the Province of South Carolina, by and Road from 
with the advice and consent of his Majesty's Council and the Commons J^Ijnn'ck's 
House of Assembly of the said Province, and by the authority of the Orangeburg^ 
srme, That the commissioners hereinafter named shall, and they are here- road. 
by authorized, empowered and directed to, lay out, make and keep in re- 
pair, a road from the bridge commonly called Minnick's Bridge, to the fif- 
teen miles post, on the road leading from Orangeburg township to Charles- 
town, and also to re-build the said bridge, and to keep the same in repair. 

II. And he it further enacted by the authority aforesaid, That all the 

male inhabitants from the age of sixteen to sixty years, residing in the ,^. . 

forks of Edisto river, and all the male inhabitants, as aforesaid, living with- on it " 
in three milies on the north side, and within six miles on the south side, of 
the said road, shall be, and they are hereby, obliged to make the said road, 
and to re-build the said bridge, and to keep the said road and bridge in re- 
pair. And in case they, or any of them, shall neglect or refuse to do the 
same, they shall be subject and liable to the same fines and forfeitures as 
any persons by Act of the General Assembly for the making of roads or 
the building of bridges in this Province are made subject and liable unto. 
HI. knd be it further enacted by the authority aforesaid. That the 

several persons who by this Act are subjected to make the said road and re- ^ „_ . ^ 
1 -1 1 1 111 1 1 1 • ■ 1 11 1 11 J tixempt from 

build the said bridge, and to keep the same in repair, shall be, and they and working on 

every of them are hereby, exempted from working on any road, bridge or other roads. 
causey whatsoever, other than the road and bridge aforesaid, and down- 
ward from the said fifteen miles post, in the Orangeburg road , so far as they 



184 STATUTES AT LARGE 

A.I). 1756. j^^ig relating to Roads, Bridges and Ferries. 

have hitherto worked on the same ; any law, usage or custom to the con- 
trary in any wise notwithstanding. 

IV. And be it further enacted by the authority aforesaid, That the com- 
Powersofcom-'"i^^'""6rs hereinafter named, or the majority of them, shall have, use and 
missioners. exercise, all the powers and authorities, for putting this Act in execution, 

which are given to any other commissioners for high-roads or bridges, by 
any Act or Acts of the General Assembly of this Province, and shall be 
subject and liable to the same penalties and forfeitures for neglect thereof, 
as such other commissioners are made subject and liable unto by any such 
Act or Acts as aforesaid. 

V. And be it also enacted bv the authority aforesaid, That Christian 
Commissioners Minnick, Peter Faure, John Clayton, Henry' Young, and Luke Patrick, 

shall be, and they are hereby nominated and appointed, commissioners for 
putting this Act in execution. And in case of the death, absence or resig- 
nation, of any of the said commissioners, it shall and may be lawful for 
the remaining commissioners, or any three of them, to choose and ap- 
point another person or persons to be commissioner or commissioners in the 
room of him or them so dying, being absent, of resigning ; which person or 
persons, so chosen and appointed, shall have the same powers and authori- 
ties, for putting this Act in execution, and shall be subject and liable to the 
same penalties and forfeitures for neglect thereof, as the commissioners 
hereinbefore named. 

V. A.nd be it also enacted by the authority aforesaid, That this Act 
shall be, and is hereby declared to be, a public Act, of which all courts of 
law in this Province are to take notice without pleading. 

B. SMITH, Speaker. 

In the Cauncil Chamber, the l^tJi of April, 1756. 

Kssentedto: JAMES GLEN. 



Public Act. 



No. 851. AN ACT for establishing a Ferry over Sajjtee River, at the 

PLACE COMMOXLY CALLED BeARD's FeRRY, AND VESTING THE SAME 

IN James Beard, his executors, administrators and assigns, for 

THE TERM THEREIN MENTIONED ; AND APPLYING PART OF THE SURPLUS 
OF THE MONEY WHICH WAS GRANTED FOR MAKING THE WaTEREE Ri- 
VER NAVIGABLE, TOWARD MAKING A RoAD OR CaUSEY OVER THE 

Swamp on Santee River, leading to the said Ferry ; and ap- 
pointing Commissioners for making and keeping in repair a 
Road from the said Ferry to the most convenient part of the 
Road leadimg from the Congrees to Charlestown. 

WHEREAS, the ferry over Santee river, commonly called Beard's Per- 
fy, hath been found very convenient for travellers ; but the same not being 



I 



OF SOUTH CAROLINA. 185 

Acts relating to Iloads, Bridges and Ferries. -^-^ '^■^^• 

established by law, no rates of ferriage have been ascertained. We there- 
fore humbly pray his most sacred Majesty that it ma}' be enacted, and 

I. Be it enacted, by his Excellency James Glen, Esquire, Governor-in- 
chief and Captain-General in and over the Province of South Carolina, by Beard's Ferry 
and with the advice and consent of his Majesty's Council, and the Com- established, 
mons House of Assembly of the said Province, and by the authority of the *'*'^'' ^*"^^- 
same, That the ferry over Santee river, commonly called Beard's Ferry, 
shall be, and is hereby declared to be, an established ferry, and shall be, 
and is hereby, vested in James Beard, his executors, administrators and 
assigns, for and during the term of seven years, to be computed from the 
lime of passing this Act, and from thence to the end of the next session of 
the General Assembly after, and no longrr. 

n. Xnd he it further enacted by the authority aforesaid, That it shall 
and may be lawful to and for the said James Beard, his executors, admin- Toll, 
istrators and assigns, during the said term, to demand, have, receive and 
take, to his and their own proper use, from all manner of person and persons 
passing and re-passing at the said ferry, (except ministers of the Gospel, 
all persons going to and from divine service, and to and from musters of 
the militia, and all persons on the public service, and all free Indians,) the 
several rates and sums following, in tlie current money of this Province, 
that is to say ; for every foot passenger, one shilling and three pence ; for 
every horse, one shiihng and three pence ; {"or an empty cart, five shillings; 
for a loaded cart, ten shillings ; for an empty wagon, seven shillings 
and six pence; for a loaded wagon, twenty shillings ; for every head of 
grown neat cattle, ferried or swam, one shilling ; for calves, sheep and hogs, 
per head, six pence ; and when the river is high, for man and horse, ten 
shillings ; for recovery of vvtiich several rates and sums from all persons who 
may refuse to pay the same, the said James Beard, his executors, adminis- 
trators and assigns, shall have like remedy as is given for the recovery of 
debts under twenty pounds, current mone}', by the Act for the trial of 
small and mean causes. 

III. And he it further e«ac<!erf by the authority aforesaid, That the said 

James Beard, his executors, administrators and assigns, shall be, and they Duty of owner 
are hereby, obliged and required constantly to provide and keep in repair a of said ferry, 
good and sufficient ferry boat or boats, for carrsing and transporting over 
the said river passengers, horses, cattle, carts and wagons ; and also, two 
able men, (one of whom shall always be a white man,) wlio shall constantly 
attend the said ferry at al! limes of the day and night throughout the year, 
to transport and carry over all passengers, horses, cattle and carriages, as 
aforesaid; and in case any persons shall meet with unreasonable delay, or 
be retarded in their passing at the said ferry, for want of the ferry boat or 
the persons who are hereby required to attend the said ferry, the said James 
Beard, his executors, administrators or assigns, shall forfeit and pay, for 
every such delay, to the party grieved, the sum of forty shillings, for the 
first hoar, and the further sum of forty shillings for ever}' hour afterward ; 
which sum or sums shall and may be recovered, on oath made of such de- 
lay, by warrant from any justice of the peace, who, on complaint made to 
him, shall hear and determine the same, according to the powers given him 
by law for the trial of small and mean causes. 

IV. hnd, he it also enacted by the authority aforesaid, That all and 
every of the male slaves from the age of sixteen to sixty years, belonging 
to the said James Beard, or to anv other person who may hereafter possess 

VOL. IX— 24. 



186 STATUTES AT LARGE 

A.n. 175G. J[^cts relating to Roads, Bridges and Ferries. 

tlie said ferry under him, shall be, and they are herebj-, obliged and re- 
quired to work and assist in the making and keeping in repair the road or 
causey over the swamp on the north-east side of Santee river, leading to 
the said ferry. 

V. And whereas, the making the said road or causey by the few inhabi- 
£305ponnflP tants living adjacent thereto, would be a grievous and heavy burthen on 
appropriated the said inhabitants. And whereas, there is a surplus of four hundred and 
for the causey. ^^^ pounds remaining ol the sum of seven hundred pounds which was 
granted by the General Assembly for taking away the rafts and other ob- 
structions in the Wateree river, and for making the said river navigable : — 
Be it therefore enacted by the authority aforesaid, That the sum of three 
hundred and five pounds, part of the said surplus, shall be, and is hereby, 
appropriated and applied toward making the said road or causey over the 
swamp on the north-cast side of Santee river, leading to the said ferry, 
and to and for no other use or purpose whatsoever ; and the commissioners 
who were appointed by an Act made the twenty-first day of April, in the 
twenty-fifth year of his Majesty's reign, entitled "An Act for appointing 
and impowering commissioners to make the Wateree river navigable, and for 
laying out a road from the upper settlements, near th- Catawba nation, on 
the north-east side of the said Wateree river, to the place on Santee river 
commonly called Beard's Ferry, and from thence to the road leading from 
the Congrees lo Charleslown," shall be, and they are hereby, obliged, en- 
joined and required, to apply the said three hundred and five pounds ac- 
cordinaly. And the said commissioners shall retain in their hands the one 
hundred pounds residue of the said surplus for keeping the said W^ateree 
river navigable, and shall apply the slame for removing any obstructions 
that may hereafter be in the said river, and to no other use, intent or pur- 
pose whatsoever. 

VI. And whereas, the commissioners appointed by the Act above men- 
tioned, are impowered to lay out, make and keep in repair, a road from 
Road from Beard's Ferry, aforesaid, to the most convenient part of the road leading 
?*','!''''rv!','^-iZ from the Congrees to Charlestown ; which road is at so great a distance 
ton iload. from the places of residence of the said commissioners that they cannot 
conveniently attend the same ; Be it therefore JurtJier enacted by the autho- 
rity aforesaid, That the commissioners for the roads in St. John's parish, 
Berkley county, shall be, and they are hereby appointed, commissioners for 
laying out, making and keeping in repair, a road from Beard's Ferry, afore- 
said, to the most convenient part of the road leading from the Congrees to 
Charlestown, as aforesaid ; any thing contained in the said Act to the con- 
trary thereof in any wise notwithstanding. 

B. SMITH, Speaker. 

In the Council Chamber, the ISth day of kfril, 1756. 

Assented, to: JAMES GLEN. 



OF SOUTH CAROLINA. ' 187 

Ants relating to Roads, Bridges and Ferries. A.I). 1756. 

AN ACT ESTABLISHING A FeRRY FROM THE PLANTATION OF ThEODORE ]Sfo. 852. 

Gaillard, on the south side of Santee River, to Murray\s 
landing, on the north side of the river, and vesting tht: samk 
. IN THE SAID Theodore Gaillard, his Executors, Administrators 
AND Assigns, for the term the rein mentioned ; and for cleans- 
ing AND CLEARING THE CrEEKS THEREIN MENTIONED, FOR THE MORE 
CONVENIENT PASSING THE SAID FeRRY. 

WHEREAS, the inhabitants of Williamsburgh township, by their hum- 
ble petition, have prayed that a ferry may be eslal)lishfcd fronj the planta- Preamble. 
tion of Theodore Gaillard, on the south side of Santee river, to Murray's 
landing, on the north side of the river; and for the more convenient passing 
the said river when the freshes are up, that the creek commonly called 
Ferry Creek, on the south side of the river, and the creek leading from the 
north side of the said river to Murray's house, may be cleansed and cleared ; 
we therefore humbly pray his most sacred Majesty that it may be enacted, 
and 

1. Be it enacted, by his Excellency James Glen, Esq., Governor-in-chief 
and Captain General in and over the Provence of South Carolina, by and ^''"'''?.'''p p'''>' 
with the advice and consent of his Majesty's Council, and the Commons ove*!- Santee. 
House of Assembly of this Province, and by the authority of the same. 
That a ferry shall be, and is hereby, established, for the transporting of 
passengers, horses, and cattle over Santee river, from the plantation of 
Theodore Gaillard, on the south side, to Murray's landing, on the north side, 
of the said river ; and that the right, title, interest, profit and advantage of 
the said ferry, shall be, and is hereby, vested and settled in the said 
Theodore Gailliard, his executors, admisistrators and assigns, for and 
during the term of fourteen years from the time of making this Act, and 
from thence to the end of the next Session of the General Assembly. 

n. knd, be it further enacted by the authority aforesaid, That it shall 
and may be lawful for the said Theodore Gaillard, his executors, adminis- 
trators and assigns, to demand, have, take and receive, to his and their ToU. 
own proper use, the several rates following, in the current money of this 
Province, that is to say, when the river is high, that passengers are oblio-ed 
to make use of the long ferry, for every foot passenger, seven shillings 
and six pence; for every man and horse, fifteen shillings; for every single 
horse, fifteen shillings ; and if ferried over the short ferry, for every foot 
passenger, two shillings and six pence ; for every man and horse, five 
shillings ; for every single horse, five shillings ; for grown neat cattle, by 
the head, ferried or swam, one shilling; for calves, sheep or hogs, bv 
the head, six pence ; for recovery of which several rates and sums, from 
all persons passing and repassing the said ferry, the said Theodore Gail- 
lard, his executors, administrators and assigns, shall have like remedy as 
is given from the recovery of small debts, by the Act for the trial of 
small and mean causes. Provided, always, that all ministers of the gospel, 
all persons going to and from divine service, all persons in time of 
alarm, all persons in the service of the public, and all free Indians, shall 
and may pass the said ferrv gratis. 

HI. \nd he it aha enacted by the authority aforesaid, That the said 
Theodore Gaillard, his executors, administrators and assigns, shall be, and 
they are hereby, obliged and required constantly to provide and keep in 
good repair, a sutTicient ferry boat or boats for carrying and transporting 



188 STATUTES AT LARGE 

A. D. 1756. ^cts relating to Roads, Bridges and Ferries. 

over the said river, passengers, their servants, horses and cattle, and also two 
of said feny. "^^^^ men, one of whom shall be a white man, who shall constantly attend 
the said ferr}', as well by night as by day, to carry over all passengers, their 
servants, horses and cattle. And in case any person who hath occasion to 
pass over the said ferry, shall meet with unreasonable delay, or shall be 
letarded for want of the said ferry boat or the persons who are hereby 
required to attend the said ferry, the said Theodore Gaillard, his executors, 
administrators or assigns, shall forfeit and pay for every such delay to the 
party grieved the sum of forty shillings for the first hour, and the further 
sum of forty shillings for every hour afterwards, that any person shall be 
so delayed, to be recovered, on oath made of such delay, by warrant from 
any one justice of (be peace, who, on complaint to him made, shall hear 
and determine the same, according to the powers given him by law for 
trying small and mean catises. 

IV. And be it further enacted by the aulhorit}' aforesaid. That the said 
Theodore Gaillard, his executors, administrators and assigns, in considera- 
tion of the said ftrry being vested in him and them, shall be, ajid he and 
they is and they are hereby, obliged, enjoined and required, wnthin twelve 
months from the time of passing this Act, at his and their own proper cost 
and charges, to cleanse and clear, and at all times during the term afore- 
said to keep clean and clear, the creek on the south side of Santee river, 
commonly called Ferry Creek, leading from the plantation of the said 
Theodore Gaillard to the said river, so that at all times during the said 
term when the river is high, there shall be a free passage for the ferrj- boat 
or boats in the said creek ; under pain of forfeiting the sum of one hundred 
pounds, current monev, one moiety whereof to his Majesty, his heirs 
and successors, to be applied in such manner as the General Assembly 
shall direct and appoint, and the other moiety to him or them who will 
inform and sue for the same by action of debt, bill, plaint or information 
in any Court of record in this Province, wherein no essoign, privilege, 
protection or wager of law shall be allmved or admitted, nor any more than 
one imparlance. 

V. And be it also enacted by the authority aforesaid, That it shall not 
be lawful for any person or persons whoever living on the south side of the 

No other per- said river, within two miles of the ferry hereby established at the planta- 
wUh saw'lerry! ^^^" ^^ *^^ ^^^^ Theodore Gaillard, to keep a ferry for transporting of 
passengers, horses or cattle over the said river, during the said term, under 
pain of forfeiting tlie sum of thirty shillings, current money, for every such 
offence, to the said Theodore Gaillard, his executors, administrators or 
assigns, to be recovered, on oath made of the same, by warrant from any 
justice of the peace, who, on complaint to him made, shall hear and deter- 
mine the same, according to the powers given him by the Act for trying 
small and mean causes. 

VI. And be it also enacted by the authority aforesaid, That the creek 
Creek at Mur- *'" *^^ north side of Santee river, leading from Murray's house to the said 
ray's to be river, shall be cleansed and cleared, and at all times hereafter kept clean 
cleared. ^^^ clear, so that there be a free passage for the ferry boat or boats in the 

said creek when the river is high, by the male inhabitants from sixteen to 
sixty years of age, living and residing in the township of Williamsburgh, 
or within five miles of the ferry vested in the said Murray ; and that John 
Levinston, William Young and William Neilson, shall be, and they are 
hereby appointed, commissioners for cleansing and clearing and keeping 
clean and clear the said creek on the north side of Santee river, aforesaid ; 



OF SOUTH CAROLINA. 189 

Acts relating to Roads, Bridges and Ferries. A.U. 17:)6. 

and the said eomiiiissioners, or a majority of tiifim, shall have the same 
powers and authorities for cleansing and clearing the said creek, and for 
keeping the same clean and clear, as are given by law to any other com- 
missioners for any creek, cut-off, or water passage in this Province, and shall 
be subject and liable to the same penalties and forfeitures ff)r neglect 
thereof, as any other commissioness for any creek, cut-off or water passage, 
in this Province, are made subject and liable unto. 

VII. And he it further enacted, by the authority aforesaid, That if any 
person whosoever shall, by himself or by his servants or slaves, either by iVnalty for ob- 
felling of trees, or by any other means whatsoever, either wilfully or '*"'"^''"s ^"i'* 
accidentally, obstruct or interrupt the passage or course of the said creeks, 
and shall not, within eight and forty hours after such obstruction or inter- 
ruption, clear and entirely take away, or cause the same to be taken away, 
every such offender shall forfeit the sum of live pounds, current money, to 
be recovered by warrant of distress and sale of the defendant's goods, to be 
applied toward the charge of clearing or continuing to keep clear the said 
creeks respectively wherein the offence shall be committed. 

B. SMITH, Speaker. 
In the Council Chamber, the IZth of Aj^ril, 1756. 

Assented to: JAMES GLEN. 



an act for making and keeping in repair a road across the no. s59. 
Parish of Saint Paul, from the South to the North boundary 

THEREOF ; and A BrIDGE ACROSS THE NoRTH BrANCH OF EdISTO 

River, and a Road or Causey leading thereto ; and appointing 
Commissioners to execute the same. 



preamble. 



WHEREAS, the making a road across the Parish of Saint Paul, from 
the south to the north boundary thereof, will be very convenient for the 
ready assembling of the inhabitants for their attendance on divine worship, 
and in cases of emergency. We therefore humbly pray his most sacred 
Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency William Henr}- Lyttleton, Esquire, 
Captain-General and Governor-in-chief in and over the Province of South Road to be 
Carolina, by and with the advice and consent of his Majesty's Council, made across St. 
and the Commons House of Assembly of the said Province, and by the *"*"''*• 
authority of the same. That a road shall be forthwith laid out, and within 
three years from and after the passing of this Act, made in the parish of 
Saint Pdul, from the south boundary, on Boone's Island, now called Slann's 
Island, where a ferry was formerly settled, to open a communication to 
Edisto Island, in Saint John's Parish, to extend from thence to the New 
Church; and from the said church to Cane- Acres ; and from thence to 
the road leading from Beach Hill to Slann's Bridge, in Saint George's Pa- 
rish, in such manner as the commissioners hereinafter named, or the major 




STATUTE;S 4T LARGE 

Acts relating to Roads, Bridges and Ferries. 

part of them, shall judge will be most convenient for the inhabitants of the 
said parish. 

II. And he it also enacted by the authority aforesaid, That the said road 
How to be ?hall ho laid out and made at the equal laljor of all the male inhai)ilants, 
made. from the age of sixteen to sixty years, living and residing in the said parish 

of Saint Paul. 

III. And he it also enacted by the authority aforesaid, That after the 
And kept in said road shall be finished and completed, the said commissioners, or a ma- 
repair. jonty of them, shall have power, and they are hereby fully empowered, di- 
rected and required, to parcel the said road out in distinct districts, and to 
appoint such persons to keep the same hereafter in repair, living in each 
district, respectively, as shall be most conveniently situated for that pur- 
pose. And the said persons so to be appointed to keep the said road in re- 
pair, shall be, from thenceforth, and they and every of them are hereby, 
exempted from working on any other high road or roads whatever ; any 
law, usage or custom to the contrary thereof in any wise notwithstanding. 

IV. And. he it also enacted by the authority aforesaid, That James Stobo, 
Conimi^sioneis Esquire, Mr. Francis Wilkinson, Mr. Francis Yonge, Mr. Joseph Brailsford, 
and their pow- and Mr. James Ladson, shall be, and they are hereby appointed, cominis- 
®'^®" sioners for the said road, who shall have as full and ample power and 

authority for carrying this Act into execution, and shall be subject and lia- 
ble to the same penalties and forfeitures for neglect thereof, as the com- 
missioners for any high road or roads have or are invested with, or are 
made subject and lable unto, by any Act or Acts of the General Assembly 
of this Province. And in case of the death, absence or refusing to act, of 
any of the said commissioners, it shall and may be lawful for the remain- 
ing commissioners, or a majority of them, to choose and appoint another fit 
person or persons to be commissioner or commissioners in the room of him 
or them so dying, being absent or refusing to act. 

V. And be it further enacted by the authority aforesaid. That in case 

the commissioners herein mentioned ol- appointed, shall, for the space of six 
Vacancies. ,, ,. c ^ ■ l ■ • ■ ■ 

months, neglect or reiuse to appoint a commissioner or commissioners in 

the room of such as shall die, depart this Province or refuse to act, his 
Excellency the Governor, or the Commander-in-chief for the time being, 
is hereby empowered and directed to appoint a commissioner or commis- 
sioners in the room of such persons as shall die, depart this Province or 
refuse to act. 

VI. And whereas, by an Act made the thirteenth day of April, in the 
twenty-ninth year of his Majesty's reign, entitled "An Act for laying out, 
making and keeping in repair, a road from the bridge commonly called 
Minnick's Bridge, to the fifteen miles post, on the road leading from Or- 
angeburgh Township to Charlestown ; and for re-building the said bridge 
and keeping the same in repair," it is enacted, among other things, that 
all the male inhabitants, from the age of sixteen to sixty years, residing in 
the forks of Edisto river, and all the male inhabitants as aforesaid, living 
within three miles on the north side, and within six miles on the south side, 
of the said road, should be, and they are thereby, obliged to make the said 
road and re-build the said bridge, and to keep the said road and liridge in 
repair. And whereas, the said road and bridge are of no benefit to any of 
the inhabitants living and residing to the northward of a western line to be 
run from the mouth of Anderson's branch, in the northern fork of the said 
river, to the Ridge-path, and to the eastward of the said ridge-path, inclu- 
sive. Which inhabitants, by their petition to the General Assembly, have 



OF SOUTH CAROLINA. 191 

Acts relating tu Roads, Bridges and Ferries. A. I). 1757. 

prayed to be exempted iVoin working on the road and bridge aforesaid; and 
that another bridge, may be built, and a causey and road tnade, that will be 
convenient for the said inhabitants. Be it therefore further enacted ^y \^a\\i^ypr 
the authority aforesaid, That the commissioners hereinafter named, or the North Edisto. 
majority of them, shall have power, and they are hereby authorized, em- 
powered, directed and required, as soon as conveniently may be, to erect 
and build a bridge across tlie northern branch of Edisto river, from Orange- 
burgh Township to the opposite side of the said river; and likewise, to 
lay out and make a causey thifcugh the swamp to lead to the said bridge ; 
and a road from the said causey to such place as they, the said commis- 
sioners, shall judge will conduce most to the public service. 

VII. And be it also enacted by the authority aforesaid. That all such 

of the male inhabitants, from sixteen to sixty years of age, in the forks ofwhotowork 
Edisto river, as live and reside to the northward of a western line, to be run on it. 
from the mouth of Anderson's branch, in the northern fork of the said 
river, to the ridge-path, and to the eastward of the said ridge-path, inclu- 
sive, shall be subject and liable to build the .said bridge, and to make the 
said causey and road, and to keep the same hereafter in repair ; who, in con- 
sideration thereof, shall be, and are hereby, exempted from contributing to 
the making or repairing of any other public bridge, causey or road whatev- 
er ; any thing contained in the said recited Act or any otlier law of this 
Province to the contrary thereof in any wise notwithstanding. And all the 
fest of the inhabitants living and residing within the said forks, shall be 
subject and liable to rebuild and keep in repair the bridge commonly called 
Minnick's Bridge, and the causey and road from thence to the fifteen miles 
post on the road leading from Orangeburgh Township to Charlestown. 

VIII. And, he it further enacted by the authority aforesaid, That the 
commissio'jers hereinafter named, or the majority of them, shall have, use Pp^er of com- 
and exercise, all the powers and authorities for building the said bridge ™'*^'°"'"^^' 
across the northern branch of Edisio river aforesaid, and for laying out 

and making the said causey and road, and for keeping the said bridge, can- 
sey and road in repair, which are given to any other commissioners for 
bridges, causeys or highways, by any Act or Acts of the General Assem- 
bly of this Province, and shall Jae subject and liable to the same penalties 
and forfeitures for neglect thereof, as such other commissioners are made 
subject and liable unto by any such Act or Acts as aforesaid. 

IX. \.nd be it also enacted by the authority aforesaid, That John Mur- 
ray, Esquire, Gavin Pou, Michael Christopher Ro we, Luke Patrick, and ^"™™'ssioners 
Abraham Hasfort, shall b(!, and they are hereby appointed, commissioners 

for putting such parts of this Act in execution as relate to the said bridge, 
causey and road last above mentioned. And in case of the death, absence 
or resignation of any of them, it shall and may be lawful for any three of 
the remaining commissioners to choose and appoint another person or per- 
sons to be commissioner or commissioners in the room of hirn or them so 
dying, being absent or resigning ; which person or persons so chosen and 
appointed shall have the same powers and authorities for putting the said 
parts of this Act in execution, and shall be subject and liable to the same 
penalties and forfeitures for neglect thereof, as the said commissioners last 
above named. 

B. SMITH, Speaker. 

In the Council Chamber, the 2\st day of May, 1757. 

Assented to: WM. HENRY LYTTELTON. 



192 STATUTES AT LARGE 

A.I). 1758. Acta relating to Roads, Bridges and Ferries. 

No. 870. AN ACT establishing a Road lately laid out from Tippicut-Law 
Oldfield, in Saint John^s Parish, to Murray's Ferry Road, in 
Saint Stephen's Parish ; and for discontinuing such part of 
Murray's Ferry Road as is therein mentioned. 

WHEREAS, the respective boards of commissioners for the highways 
Pieainl.le in the several parishes of Saint John, in Berkley county, and Saint Ste- 
phen, in Craven county, have lately laid out a road from Tippicut-Law 
Oldtield, near Biggin Church, in Saint John's Parish, to Murray's Ferry 
Road, in Saint Stephen's Parish; which new road will be much more con- 
venient for the inhabitants of Saint Stephen's Parish wh© make use of 
Murray's Ferry, than the old road from Murray's Ferry to Saint John's 
High road, and will equally suit the inhabitants of Williamsburgh Town- 
ship, for whose convenience the old road was made. We therefore hum- 
biy pray his most sacred Majesty that it may be enacted, and 

L Be it enacted, by his Excellency William Henry Lyttleton, Esquire, 
Roarl from Tip- Captain-General and Govcrnor-in-chief in and over the Province of South 
piciit-Law Old Carolina, by and with the advice and consent of his Majesty's Council, 
rr's Fst"' ^"^ ^'^® Commons House of Assembly of the said Province, and by the au- 
road. tiionty of the same, That the new road lately laid out t>um Tippicut Law 

Oldfield, near Biggin Church, in the parish of Saint John, in Berkley 
county, and continued to the Half-way Swamp, at a place called Norman's 
Rice Field, and from thence to or near the plantations of John Conyers 
and Jeremiah Allen, till it intersects Murray's Ferry Road, between a place 
called The Hill, and Theodore Gaillard'.s plantation, in the parish of Saint 
Stephen, in Craven county, shall be, and is hereby established and confirm- 
ed, a public road; and shall be made, and at all times hereafter kept in 
repair, by the several male inhabitants, from sixteen to sixty years of age, 
living in the district or districts through which the said new road is laid 
out, in like manner as other public roads in this Province are made and kept 
in repair. 

H. And be it also enacted by the authority aforesaid. That none of the 
Former road said inhabitants, or any other person whosoever, shall be obliged or liable to 
discoiitiiuied. work on or keep in repair any part of Murray's Ferry Road, lying between 
the place where the same is intersected by the new road and the high road 
in Saint John's Parish, aforesaid; and that the said part of the said old 
road shall be thrown up and for ever hereafter discontinued ; any law, 
usage or custom to the contrary in any wise notwithstanding. 

B. SMITH, Speaker. 

In the Council Chamber, the \9th day of May, 1758. 

Assented to: WM. HENRY LYTTELTON. 




OF SOUTH CAROLINA. 

Acta relating to Roads, Bridges and Ferries. 

AN ACT FOK ESTABLISHING A FeRUY FROM HoOPINfi IsLAiVD TO ]VfQ_ gyj^ 

Boonf/s Island, and to open a Communication from thence to 
THE High Road on Edisto Island. 

WHEREAS, several of the inhabitants of Edisto Island, by their hum- 
ble petition to the General Assembly, have set forth, that they have not freamble, 
the conveniency of a communication, either by a bridge or a ferry, from 
their island to any part of the main, for want of which they labour under 
many and great hardships ; and that as they are situated on the sca-coast, 
surrounded with many bold rivers, they are greatly exposed to the attempts 
of an enemy, and can expect no relief or succour from the main, for want 
of some commimica:ion being settled by law ; and humbly praying that a 
ferry might be established from the said Boone''s island to Hooping island, 
and that a road might be made from thence into the public road on Edisto 
island ; we therefore humbly pray his most sacred Majesty that it may be 
enacted, and 

I. Be it enacted, by his Excellency William Henry Lyttelton, Esq., 
Captain-General and Governor-in-chief, in and over his Majesty'^ Province Ferry estab- 
of South-Carolina, by and with the advice and consent of his Majesty's j'j„oi„*^"j'"]a„j 
Council and the Commons House of Assembly of the said Province, and to Boone's is- 
by the authority of the same, That a ferry for passengers, horses and '^"'^ 
cattle, shall from henceforth be settled and established from Hooping 

island to Boone's island ; and that the right, title, interest, profit and 
advantage of the said ferry, shall be, and is hereby, vested and settled in 
Joseph Ash, his executors, administrators and assigns, for and during the 
term of seven years from the time of passing this Act, and from thence to 
the end of the next session of the General Assembly. 

II. And be it further enacted by the authority aforesaid. That the said 

Joseph Ash shall, and is hereby required, at his own proper cost and Duty of owner 

charge, constantly provide and keep in good repair, a sufficient ferry ° '^'^'•^ 

boat or ferry boats for carrying and transporting over the said passengers, 

horses, cattle and goods, and also two able men who shall constantly 

attend the said ferry at all times of the day and night throughout the year, 

to transport and carry over all passengers, horses, cattle and goods, when 

and so often as they shall be required. 

III. \nd be it further enacted by the authority aforesaid, That it shall 
and may be lawful for tiie said Joseph Ash to demand, have, take and 
receive to his own proper use, by way of toll, the several rates following, "^o'^- 
that is to say, for a foot passenger, two shillings and six pence ; for every 
horse, two shillings and six pence ; for every head of neat cattle ferried or 
swam, two shillings and six pence ; for every chaise or chair and horse, 

or cart and horse, ten shillings, in the current money of this Province ; 
Provided, that all persons in the public service, and all persons going to 
and from a general muster of the militia, or in times of alarm, shall and 
may pass the ferry gratis. 

IV. \7id be it further enacted by the authority aforesaid. That in 

case any passenger or other person who has occasion to pass over from Penalty forne- 
Hooping island to Boone's island aforesaid, or from Boone's island to^'^'^'' 
Hooping island aforesaid, shall meet with unreasonable delays, or be re- 
tarded for want of the said ferry boat or ferry boats, or the persons who 
are hereby appointed and required to attend them, the said Joseph Ash 
shall forfeit and pay, for every such delay, to the partv grieved, the sum of 
VOL. IX— 25." 



194 STATUTES AT LARGE 

A. D. 1758. Jicts relating to Roads, Bridges and Ferries. 

forty shillings, and the further sum of twenty shillings for every hour aftef-» 
wards that any such person shall be delayed ; which sum or sums shall and 
may be recovered, on oath made of such delay, by a warrant from any one 
justice of the peace, who, on complaint to him made, shall hear and deter- 
mine the same, according to the directions of the Act for trial of small and 
mean causes. 

V. And be it further enacted by the authority aforesaid, That the 
commissioners hereafter named shall and may lay out a road from Hoop- 
ing island, opposite to the new road laid out through St. Paul's Parish, 
into the public road on Edisto island, in such place as shall appeat'most 

Road from convenient to the said commissioners ; which road or way shall be used. 
Hooping island , , ^ , , y i . • , ^ i ^ ■ r. ii 

to the road on deemed or esteemed as the King s high-way, tor the convenience oi all 

Edisto island, persons whatsoever who shall have occasion to go through the same road 

with their carts, waggons, horses and carriages, at all times and seasons 

whatsoever. 

VI. And he it further enacted by the authority aforesaid , That the said 
Who to work common road or path shall be made, cleared and finished, and be constantly 
on it. kept in good and sufficient repair, at the equal charge and labour *^of the 

inhabitants of Edisto island aforesaid. 

VII. And be it further enacted by the authorfty aforesaid. That Jonathan 
Frampton, Robert Seabrooke, and Benjamin Jenkins, or a majority of 

. . them, be, and they are hereby appointed, commissioners for making and 

and their pow- clearing the said road from Hooping island aforesaid to the said public 
ers- road on Edisto island, and for putting in force and executing every matter 

and thing thereunto belonging ; and shall have as full and ample power and 
authority for carrying this Act into execution, and shall be subject and 
liable to the same penalties and forfeitures for neglect thereof, as the com- 
missioners for any high road or roads have or are invested with., or are 
made subject and liable unto, by any Act or Acts of the General Assembly 
of this Province ; and in case of the death, removing from the district, or 
refusing to act, of any of the said commissioners, it shall and may be law- 
ful for the remaining commissioners to choose another person to be a com- 
missioner in the room of him so dead, removed or refusing to act, and 
such person so appointed shall have the same powers and authorities, and 
be subject to the like penalties and forfeitures, as the commissioners nomi- 
nated by this Act. 

B. SMITH, Sp^fiker. 

In the Council Chamber, the \%ih day of May, 1758. 

Assented to: WILLIAM HENRY LYTTELTON. 



, OF SOUTH CAROLINA. 195 

; Acts relating to Roads, Bridges and Ferries. A. D. 1759. 

AN 'act for vesting the Ferry over Santeb River, in the way No. 878. 

Ll^ADlNG FROM CuARLESTOWN TO WiLLlAMSBURG, COMMONLY CALLED 

M|JRRAY^s Ferry, in James Hunter, executor of the last will 
A3sh> testament of Joseph Murray, late of Craven county, 

fl/ANTER, deceased, IN TRUST FOR AND TO THE ONLY USE AND BE- 

hqof OF James Murray, an infant, only son and heir at law 
oit THE SAID Joseph Murray, his executors, administrators and 
assigns, for a term of years therein mentioned. 

ij 

whereas, the said James Hunter^ in behalf of the said James 
Murray, an infant., hath, by his petition to the General Assembly, repre- 
sented that an Act was passed the eighth day of March, in the fourteenth P''e*"»ble. 
year of his present Majesty's reign, for settling a ferry over Santee river, 
in the way leading from Charlestown to Williamsburgii, and for vesting the 
said ferry in the said Joseph Murray, his executors, administrators and as- 
signs, for the term of seven years ; and that the land on both sides of the 
river where the said ferry is settled, and where passengers are transported 
over the Short ferry, belongs to the said James Murray ; therefore humbly 
praying that the said ferry over Santee river, to and from Murray's landing, 
on the north side, to the land belonging to the said James Murray, on the 
south side of the river, may be vested in the said James Hunter, in trust 
for and to the use and behoof of the said James Murray, his executors, ad- 
ministrators and assigns, for a certain number of years ; for effecting 
whereof, we humbly pray his most sacred majesty that it may be enacted, 
and 

1. Be it enacted, by his Excellency William Henry Lyttelton, Esq., Go- 
vernor-in-chief and Captain-General in and over the Province of South jjurrav's ferrv 
Carolina, by and with the advice and consent of his Majesty- 's Council and vest, d in Jas. 
the Commons House of Assembly of ' the said Province, and by the autho- ^^"'^'^•■'^'■"s- 
rity of the same. That from and immediately after the passing of this Act, 
the ferry over Santee river, commonly called Murray's ferry, to and from 
the landing commonly called Murray's Landing, on the north side, to and 
from the land belonging to the said James Murray, on the south side of the 
said river, be immediately vested in the said James Hunter, executor of the 
last will and testament of Joseph Murray, deceased, his executors, admin- 
istrators and assigns, in trust to and for the use, benefit and behoof of the 
said James Murray, an infant, only son and heir at law of the said Joseph 
Murray, for and during and unto the full end and term of seven years from 
[the time of passing this Act, and] thence next ensuing, and fully to be 
complete and ended, and from thence to the end of the next session of 
the General Asseml)lv. 

n. And be it further enacted by the authority aforesaid, That the 
said James Hunter, his executors, administrators or assigns, shall provide IJuty of owner 
and keep at the said ferry, during the time aforesaid, one good and suffi- °' ^^^^ '^''''^'* 
cient boat, with at least two able men, (one of which shall be a white man,) 
fit for transporting of passengers, horses and cattle, over Santee river, to and 
from the said James Murray's landing, on the north side, to and from the 
land belonging to the said James Murray, on the south side, of the said ri- 
ver ; and that it shall and may be lawful to and for the said James Hunter, 
his executors, administrators and assigns, for and during the term afore- 
said, to ask, sue for, demand, levy, recover and receive, of and from eve- 
ry persop and persons using the said ferry, the several rates and prices 



196 STATUTES AT LARGE 

A. D. 1/59. ^^ig relahng to Roads, Bridges and Ferries. 



Toll. 



hereinafter mentioned, that is to say : for each passenger on foot, one shil- 
ling and three pence ; for each horse, three shillings and nine pence ; for 
each man and horse, three shillings and nine pence ; for neat cattle, per 
head, ferried or swam, one shilling; for a loaded cart and horses, twelve 
shillings and six pence ; for calves, sheep or hogs, per head, six pence ; for 
a loaded wagon and team of horses, twenty-five shillings ; for a chair and 
horse, seven shillings and six pence. And when the freshets are so high 
that the landing place belonging to the said James Murray, on the south 
side of the said river, is covered with water, so as that passengers must be 
transported from high-land to high -land, from the said James Murray's land- 
ing, on the north side, to the south side of the said river, then it shall and 
may be lawful to and for the said James Hunter, his executors, administra- 
tors or assigns, for and during the said term, to ask, sue for, demand, levy, 
recover and receive, of and from every person and persons using the said fer- 
ry, from the said James Murray's landing, on the north side, to the south side 
of the said river, the several rates and prices hereinafter mentioned, that is 
to say : for each passenger on foot, seven shillings and six pence ; if more 
than two passengers ferried at one time, five shillings each ; for a man and 
horse, fifteen shillings; if more than one man and horse, twelve shillings 
and six pence each; for calves, sheep or hogs, per head, one shilling ; for 
a loaded cart and horses, twenty shillings; for a horse and chair, fifteen 
shillings; for a loaded wagon and team of horses, forty shillings. All 
which said rates and prices of ferriage shall he paid in the current money 
of this Province, to the said James Hunter, his executors, administrators 
and assigns, for the use, benefit and behoof of the said James Murray, his 
executors, administrators and assigns, for and during the term aforesaid, by 
all persons using the said ferry, excepting such persons as are hereinafter 
mentioned. 

HI. Knd be it furtlier enacted by the authority aforesaid. That in case 
How to be re-^^y person or persons using the said ferry, (excepting such as is hereinafter 
covered. excepted,) shall refuse or fail to pay to the said James Hunter, his execu- 

tors, administrators or assigns, in trust, as aforesaid, the several rates of 
ferriage aforementioned, that then it shall and may be lawful to and for the 
said James Hunter, his executors, administrators and assigns, to recover 
the same, by warrent given for that purpose under the hand and seal of any 
of his Majesty's justices of the peace, according to the method directed 
and prescribed by an Act entitled "An Act for the trial of small and mean 
causes." Provided, always, that all ministers of the gospel, all persons go- 
ing to and from divine service, all persons in times of alarm, all persons in 
the service of the public, and all free Indians, shall and may pass the said 
ferry free of and from paying the said rates of ferriage. 

IV. And he it further enacted by the authority aforesaid. That in case 
Penalty for any person or persons coming to the said ferry, in order to pass over the 
neglect. gg^j^j river, shall happen to meet with any unreasonable delay, for want of 

a sufficient ferry boat and two able men, as aforesaid, to transport them, 
their horses or cattle, from one side or other of the said river, that is to 
say, when the river is low, to and from the landing commonly called Mur- 
ray's landing, on the north side, to and from the land belonging to the said 
James Murray, on the south side, of the said river ; and when the freshets 
are up, from the landing called Murray's landing to the south side of the 
said river, as aforesaid, he, the said James Hunter, his executors, adminis- 
trators or assigns, then possessed of the said ferry, shall, in every such 



OF SOUTH CAROLINA. 197 

Acts relating to Roads, Bridges and Ferries. A.D.W/J. 

case, forfeit, for every hour's delay, the sum of forty shillings, current mo- 
ney, to be sued for, levied and recovered, in the manner directed and ap- 
pointed by the said Act for the trial of small and mean causes. Provided, 
the said forfeitures be applied and sued for vi^ithin ten days after the said 
delays shall lia|)pen, and not afterwards; one moiety of which forfeitures 
shall go to the poor of the parish, and the other moiety to the person or 
party so detained, and who shall inform and sue for the same ; any thing 
hereinbefoie contained to the contrary notwithstanding. 

V. And torasmuch as it may be inconvenient and detrimental for pas- 
sengers, or their goods or chattels, to be detained at the landing commonly Incase of 
called Murray's landing, on the north side of the said river, when the fresh- '"='^'"^'**- 
es are so high that the landing place belonging to the said James Murray, 

on the south side of the said river, is so covered with water as to render it 
necessary that passengers be transported 'from high-land to high-land; for 
remedying whereof, it is hereby further enacted by the authority aforesaid, 
That in such case it shall and may be lawful to and for the said James Hun- 
ter, his executors, administrators or assigns, for and during the term afore- 
said, to take into his boat or boats any such passengers, liorses, cattle, goods 
or chattels, at the said landing commonly called Murray's landing, on the 
north side of the said river, and transport the same to and from the south 
side of the same river, at such place or places as they can be most safely 
landed, as near the high-road as they can, and to ask, sue for, demand, le- 
vy, recover and receive, of and from every person and persons so transpor- 
ted, the several rates and prices hereinbefore mentioned for such service ; 
any thing hereinbefore contained, or any other law, usage or custom, 'to the 
contrary notwithstanding. 

VI. And he it further enacted by the authority aforesaid, That the 

said James Hunter, his executors, administrators and assigns, shall con- Table of rates 
stantly keep posted up at some convenient and conspicuous place, to be p^^^" ^ 
seen by all persons passing the said ferry, a table of the rates which he or 
they have by this Act a right to receive for such persons as pass the said 
ferry, their horses, carriages, cattle, sheep and hogs, upon pain of forfeit- 
ing the sum of forty shillings, proclamation money, for every such neglect; 
to be sued for, recovered and applied, as is hereinbeforej|directed. 

B. SMITH, Speaker. 

In the Council Chamhcr, the 1th of Ajjril, 1759. 

Assented to: WILLIAM HENRY LYTTELTON. 



AN ACT FOR VESTI>fG THE FeRRY OVER AsHLEY RiVER IN EdWARD No. 914. 

Legge, his Executors, Administrators and Assigns, for fourteen 

YEARS. 

WHEREAS, the law for establishing a ferry over Ashley river is 
expired, and there is a necessity for having the said ferry, and causeway 
leading thereto, kept in good order, for the better communication and in- 
course with the southward parts of this Province — therefore 

I. Be it enacted, by his Excellency Thomas Boone, Esq., Captain- 



198 STATUTES AT LARGE 

A. I). 1762. ^^ig relating to Roads, Bridges and Ferries. 

General, Governor and Commander-in-chief in and over his Majesty's Pro- 
. ,. J. vince of South Carolina, by and with the advice and consent of his Majesty's 

rested in E," Council and the Commons House of Assembly of the said Province, and 
Legge. by the authority of the same, That the ferry over Ashley river, commonly 

called Ashley ferry, leading from Charlestovvn to Stono and the southern 
parts of this Province, be, and the same is hereby declared to be, vested in 
Edward Legge, his executors, administrators and assigns, from the time 
of the passing of this Act, for and during and unto the full end and term 
of fourteen years, then next ensuing ; and that it shall and may be lawful 
to and for the said Edward Legge, his executors, administrators and assigns, 
during the said term, to demand, receive and take, to his and their own 
proper use, from all persons passing or repassing or making use of the said 
ferry, the several rates of ferriage and sums following, in proclamation 
money, or the value thereof in c\irrency, viz : for every single person, one 
penny half penny ; for every man and horse, the sum of three pence ; for 
every chair, chaise and single horse, or cart and single horse, one shilling ; 
Conditions. for every four wheeled chair or chaise or coach, or chariott and pair of 
horses, one shilling and six pence ; for a coach or chariott and four, two 
shillings ; for a coach or chariott and six, three shillings ; for every wagon 
and two horses, one shilling and six pence ; for every head of neat cattle 
or horses, ferried or swam over the said ferry, one penny half penny ; 
for every head of sheep, hogs or calves, one penny half penny. And the 
said Edward Legge, his executors, administrators or assigns, shall be, and 
they are hereby, obliged and required to make and keep the causey 
twenty feet wide at top, and to be raised one foot above high water mark 
at spring tides, leading through the marsh to the said ferry, in good and 
constant repair and condition, at his and their own costs and charge ; and 
shall also find and constantly keep a good substantial ferry boat or boats, 
with a stage or entering board, also a capstan and a sufficient rope across 
the river, and such other conveniencies as are at present used for trans- 
porting men, horses, cattle, coaches, carts and wagons over the said ferry; 
and shall also find and constantly keep employed in the said boat and in the 
ferrying thereof over the said river, two able and sufficient men, who shall 
constantly attend the said ferry, as well by night as by day, to ferry over all 
passengers, their servants, slaves, horses and carriages, when and as often 
as there shall be occasion. 

IL And be it further enacted by the authority aforesaid, That in case 
any person or persons coming to the said ferry in order to pass over 
the same, shall meet with unreasonable delays, or be retarded in their 
Penalty for no- passage over the said ferry, he, the said Edward Legge, his executors, 
gleet. administrators and assigns, shall forfeit and pay, for every such offence, to 

the person or persons so delayed, for every twenty minutes after the rate 
of eight shillings, proclamation money, or the value thereof in currency, to 
be recovered before any justice of the peace of Berkley county, as is pro- 
vided by the Act for the trial of small and mean causes. Provided, that 
such forfeiture be sued for within ten days after such delay shall happen, 
and at no time after. And for the conveniency and shelter of persons com- 
ing down the said causey to the ferry from the inclemency of the weather, 
the said Edward Legge, his executors, administrators and assigns, shall be 
obliged to build and keep in repair, during all the said term, a shed sufficient 
to shelter travellers from rain and the sun, thirty feet long and twenty feet 
wide, on the riverside. 



OF SOUTH CAROLINA. 199 

Acts relating to Roads, Bridges and Ferries. A. I). 1702. 

III. And he it further enacted by the authority aforesaid, That the 
Governor of this Province for the time being, his servants, attendants, 
equipage and horses, and all ministers of the gospel, all persons on Sunday (y^g 
going to or returning from any place of divine worship, all persons going 
to or returning from muster at any time appointed for muster of the militia, 
or in time of alarm, and all expresses or messengers sent in the service of 
the Government, and also all free Indians, are hereby exempted from paying 
any ferriage at the said ferry, for themselves, their servants or horses; any 
thing herein before contained to the contrary notwithstanding. 

\W. And be it further enacted by the; authority aforesaid. That the said 
Edward Legge, his executors, administrators and assigns, shall be, and they q^^^^ j^ ^^ 
are hereby, obliged to put the said causey in good and sufficient order, completed in 3 
agreeable to the direction of this Act, within three years next after the years. 
passing of the same, under the penalty of losing the benefit of this Act, 
and of forfeiting the sum of five hundred pounds current money, to be 
recovered by action of debt, bill, plaint or information in any court of 
record in this Province, wherein no privilege, protection or wager of law 
shall be admitted or allowed ; which said forfeiture shall be applied to the 
use of the person or persons that will inform or sue for the same. Provided, 
always, that such suit shall be commenced within six months after such 
forfeiture incurred, and at no time after. 

B. SMITH, Speaker. 

In the Council Chamber, the \^th day of May, 1762. 

Assented to : THOMAS BOONE. 



AN ACT FOR DIVIDING THE RoAD LEADING FROM THE UpPER SeTTLE- 
MENTS, NEAR THE CatAWBA NaTION, TO NeLSON's, LATE BeARd's, 

Ferry, into two districts, and aipointing a greater number of 
Commissioners for the said road ; and for laying out a Road 
nioM Saunders^s Creek to Peedee River; another from Mur- 
ray's Ferry to Nelson's, late Beard's, Ferry ; and another from 
the plantation of Dennis Hagen, in Crave.v County, to Mur- 
ray's Ferry ; and for ebipowering the Commissioners of the 
High Roads in Saint James Santke, to build a new Bridge 
over Wambaw Creek, in the said parish; and also, empowering 
the Commissioners of the High Roads for the Parish of Saint 
George, to alter the Road leading through the Village of 
Dorchester. 

WHEREAS, the commissioners of the road leading from the upper 
settlements, near the Catawba Nation, on the north-east side of the Wa- 
teree river, to the place on San tee river commonly called Nelson's, late 



No. 916. 



Preamble. 




STATUTES AT LAUGE 

^ Acts relating to Roads, Bridges a?id Ferries. 

Beard's, ferrry, by their humble petition to the General Assembly of this 
Province^ setting forth the necessity of dividing the said road into two dis- 
tricts or divisions, pray that the same may be so divided, and the number 
of commissioners for it increased ; and that the said commissioners may 
have power to lay out a road from Murray's ferry to the road leading to 
Nelson's, late Beard's ; and another from Saunders's Creek, across Lynche's 
Creek, to Peedee River. And whereas, the inhabitants of the northern 
branch of B!ack«River and Lynche's Creek, are desirous that a road from 
the plantation of Dennis Hagen, in Craven County, to Murray's Ferry, 
and other roads convenient and advantageous to the said inhabitants, may 
be laid out and made. We therefore humbly pray his most sacred Majesty 
that it may be enacted, and 

I. Be it enacted, by his Excellency Thomas Boone, Esquire, Governor-in- 
chief and Captain-General in and over the Province of South Carolina, by 

tawbii to Nell ''^"*^' vi\i\\ the advice and consent of his Majesty's Council, and the Com- 
son's ferry, di- mons House of Assembly of the said Province, and by the authority of the 
disu'i 't"'° ^^°same, That the road leading from the upper settlements, near the Catawba 
Nation, on the north-east side of the Wateree river, to the place on Santee 
river commonly called Nelson's, late Beard's, ferry, siiall be, and it is 
hereby, divided into two districts or divisions; and that the upper district 
or division of the said road be from the said upper settlements down to 
Rafting Creek ; and the other district or division of the said road, from the 
said creek to the said ferry. 

II. And he it further enacted by the authority aforesaid. That Samuel 
Wily, John Cantey, Samuel Millhouse^ and Joseph Kershaw, four of the 

Saundeis's present commissioners of the said road, and Thomas Simpson, John 
creek to Fee Barclay, and Thomas Wade, shall be, and they are hereby appointed, com- 
• missioncrs of and for the said upper district or division of the said road ; 

and that the said commissioners shall, also be commissioners for laying out 
and making, and they, or a majority of them, are hereby authorized and 
empowered to lay out and make, and to keep in repair, when made, as 
direct and convenient a road as may be, from Saunders' creek, across 
Lynche's creek, to Peedee river. 

in. Knd he it further enacted by the authority aforesaid. That Richard 
From Murray's Richardson, Esquire, Isaac Brunson, and Matthew Nelson, the other pre- 
son'"s.^° ^' ^^"* commissioners of the said road, and David Davis, John Cantey, jr., 
Thomas Bosker, John McDonald, and Matthew Singleton, shall be, and they 
are hereby appointed, commissioners of and for the said lower district or 
division of the said road ; and that they, the said commissioners, shall also 
be, and they are hereby appointed, commissioners for laying out and making, 
and they, or a majority of them, are hereby authorized and empowered to 
lay out and make, and to keep in repair when made, as direct and conve- 
nient a road as may be, from Murray's ferry to Nelson's, late Beard's, 
ferry. 

IV. And he it further enacted by the authority aforesaid. That David 
From Hageii's^„(|grgQP^ Moses Gordon, John Newman, Robert Lewis, Henry Cassells, 
ferry. Samuel Bradley, and James Conyers, shall be, and they are hereby ap- 

pointed, commissioners for laying out and making, and they, or a majority 
of them, are hereby authorized and empowered to lay out and make, and to 
keep in repair when made, a road, as direct and convenient as may be, from 
the plantation of Dennis Hagen, in Craven county, to Murray's ferry ; and 
such other roads in the parish of Saint Mark, as the said last mentioned 



OF SOUTH CAROLINA. 2ni 

Acts relating to Roads, Bridges and Ferries. A. D. 1707. 

commissioners, or a majority of them, shall think most convenient and ad- 
vantageous to the inhabitants of the northern branch of Black river and 
Lynchers creek. 

V. And, he it further enacted by the authority aforesaid, That the several 

roads hereby appointed to be laid out and made, or which the said com- yvho to work 

missioners above mentioned, or any of them, are hereby empowered to on said roads. 

lay out and make, shall be, severally and respectively, laid out, made and 

kept in repair, by and at the equal charge and labor of all the male inhabi- 

tants, between the ages of sixteen and sixty years, living within ten miles 

on either side of the said several and respective roads; and that in case 

any of the said inhabitants shall neglect or refuse to work in laying out and 

making the said roads, respectively, or keeping the same, when made, in 

repair, he or they shall be subject and liable to the same lines, penalties 

and forfeitures, as persons are by any law of this Province subject and 

liable to for refusing or neglecting to work in the making or repairing of 

roads. 

VI. And he it further enacted by the authority aforesaid. That the said 
inhabitants shall be summoned by the said commissioners, respectively, to 
work on such part of the said road as shall be nearest and most convenient 
to their respective plantations or habitations. 

VII. And he it further enacted by the authority aforesaid. That the said 
commissioners, or a majority of them, within their several and respective I'owers of corn- 
districts and divisions aforesaid, shall have and use the same powers and au- 
thorities for executing the several matters and things which they are hereby 
authorized and empowered to do, as any other commissioners for high roads, 

creeks and water passages have, and that they shall be liable to the same 
penalties, fines and forfeitures, as are imposed or inflicted on any such com- 
missioners for breach or neglect of duty. 

VIII. And he it further enacted by the authority aforesaid. That in case 

any of the said commissioners shall die or depart this Province or refuse ^ '^'"^"^"'^• 
to act, the majority of the remaining' commissioners, within their several 
and respective districts and divisions aforesaid, shall be, and they are here- 
by, authorized and empowered to nominate and appoint some person or per- 
sons in his or their room and stead ; and that the person or persons so 
nominated and appointed, shall have the like powers and authorities, and 
be liable to the like penalties, fines and forfeitures, as the commissioners 
herein named. 

IX. And ivhereas, Wambiw Bridge, over Wambaw Creek, situated in the 
parish of Saint James Santee, Craven county, is so much cut of repair and Wnmbaw 
decayed, that there is a necessity for erecting and building a new bridge. Be ^^^^i^^ '° ® '^** 
it therefore enacted, by the authority aforesaid. That the commissioners of 

the high roads for the parish of Saint James Santee, or any four of them, 
shall be, and they are hereby appointed and empowered to be, commission, 
ers for erecting, raising and building, a new bridge over the said creek, at 
whatever part or place may appear to them to be most convenient and com- 
modious for the erecting and building the same. And the said commis- 
sioners, or a majority of them, shall be, and they are hereby, invested with 
full power and authority to assess, levy and collect, from the inhabitants 
of the said parish of Saint James Santee, the charges for building, comple- 
ting and finishing the said bridge ; any thing to the contrary in any wise 
notwithstanding. 

X. And whereas, it will be more advantageous to the town of Dorches- 
ter, and also more convenient for travellers passing and re-passing, if the 

VOL. IX— 26. 



202 STATUTES AT LARGE 

A. T). 1762. ji^fg relating to Roads, Bridges and Ferries. 

road leading from Eagle's bridge, upwards, was altered so as to run thro?7gb 
gl°?j, fj™^p jj^' the said town. Be it therefore enacted by tiie authority aforesaid, That 
tered, to pass the commissioners for the high roads for the parish of Saint George Dor- 
through Dor- chester, or a majority of them, shall, and they are hereby authorized and 
empowered to, alter the said road accordingly ; and that the bridge com- 
missioners for the said parish, shall, and they are hereby authorized and 
empowered to, move the bridge, called Vanvielson"'s Bridge, lower down the 
creek, so as to answer the said road, at the joint expense of the inhabi- 
tants of the said parish ; any law, statute or usage to the contrary in any 
wise notwithstanding. 

IX. knd he it further enacted by the authority aforesaid, That thi* 
Public Act. Act shall be deemed a public Act, and may be given in evidence on the 
general issue ; and that all courts of justice shall be obliged ta take notice 
thereof without special pleading- 

B. SMITH, Speaker. 

In the Comicil Chamber, the 29th day of May, 1762. 

Assented to: THOMAS BOONEL 



No. 917. AN' ACT for fimshing, completing anet keeping in rbpaik, a 
Road already laid out, from Day's Creek Bridge, in Granville 

COUNTY, to the PLANTATION OF JeRMYN AND ChARLES WrIGHT- 

CALLED Rochester, situate on Savannah River, in the said coun.^ 

TY ; AND FOR ESTABLISHING A FeRRY OVER "fHE SAID RiVER, FROM 
THE SAID PLANTATION OF THE SAID JeK3IYN AND ChARLES WrIGHT, 
TO THE PLANTATION OF JONATHAN BrYAN, IN GeORGIA. 

WHEREAS, it has been represented to the General Assembly that the 
Preamble, making of a public road from Day's Creek bridge, in Granville county, to 
the plantation of Jermyn and Charles Wright, called Rochester, situate on 
Savannah river, in the said county, and the establishing of a lerry over 
the said river, from the said plantation of the said Jermyn and Charles 
Wright to the plantation of the said Jonathan Bryan, in Georgia, will be 
very convenient and advantageous to the inhabitants of the southern part of 
this Province, and will likewise be the means of a more quick and ready 
communication between this Province and the Province of Georgia, in 
times of alarm and invasion: we therefore humbly pray his most sacred 
Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency Thomas Boone, Esq , Governor-in- 

T, J, chief and Captain-General in and over the Province of South Carolina, by 

Rond from i-iii- -i-i.- -/-i -i .iz-i 

Dav'scieek and With the advice and consent ot his Majesty s Council and the Commons 

brii'ge to Ro- House of Assembly of the said Province, and by the authority of the 
same. That the commissioners hereinafter named shall, and they are here- 
by authorized, empowered and directed to, make, complete and finish, the 
road already laid out from Day's Creek bridge, in Granville county, to the 



OF SOUTH CAROLINA. 203 

Acts relating to Roads., Bridges and Ferries. ^- ^^' ^"^^^ 

Ijlantation of Jermyn and Charles Wright, called Rochester, situate on Sa- 
vannah river, in the said county ; and also, from time to time, to keep the 
same in good and sufficient repair. 

II. A/id be it ftirther enacted by the authority aforesaid, That all the 

male inhabitants from the age of sixteen to sixty years, residing on the vvho to work 
south side of Day's creek, within four miles of such road, shall be, and on it 
they are hereby, obliged to make, complete and finish the said road, 
and keep the same in repair. And in case they, or any of them, shall ne- 
glect or refuse so to do, they shall be subject and liable to the same fines 
and forfeitures as any persons by Act of the General Assembly for the ma- 
king of roads in this Province are made liable and subject unto. P/o- 
vided, always, that such persons who are so made liable to vv^ork on the 
said road, shall be exempted and excused from working on any other pub- 
lic road ; any law, usage or custom, to the contrary thereof in any wise 
notwithstanding. 

III. And be it further enacted by tlie authority aforesaid. That the com- 
missioners hereinafter named, or a majority of ihem, shall have, use and Power ofcom- 
exercise, all the powers and authorities, for putting this Act in execution, missioners. 
which are given to any other commissioners for high-roads, by any Act 

or Acts oi^ the General Assembly of this Province, and shall be subject 
and liable to the same penalties and forfeitures for neglect thereof, as such 
other commissioners are made subject and liable unto by any such Act or 
Acts as aforesaid. 

IV. A?id be it farther enacted by the authority aforesaid. That Robert 
Williams, Jermyn Wright, Charles Wright, Daniel Heyward, and John (jQ,,,^|,gjQ„gr8 
Garvey, or a majority of them, shall be, and they are hereby nomi- and iheir pow- 
nated and appointed, commissioners for putting this Act into execution. ^'■*" 

And in case of the death, absence or resignation, of any of the said com- 
missioners, it shall and may be lawful for the remaining commissioners, 
or any three of them, to choose ar>d appoint another person or persons 
to be commissioner or commissioners in the room of him or them so dying, 
being absent, or resigning ; which person or persons, so chosen and appoin- 
ted, shall have the same powers and authorities, for putting this Act in ex- 
ecution, and shall be subject and liable to the same penalties and forfeitures 
for neglect thereof, as the commissioners hereinbefore nominated are in- 
vested with or are subject and liable unto. 

V. k.nd be it farther enacted, by the authority aforesaid. That a ferry 

for passengers, horses, chaises and chairs, shall be, and is hereby, establish- ]i^j"j 0^,5" 
ed over Savannah river, from the said plantation of the said Jermyn and Savnnnah, at 
Charles Wright, called Rochester, in Granville county, to the said planta- '^°'=''''^.'^''',^"'^ 

o ' , , . , veslod 111 J. ot 

tion of the said Jonathan Bryan, in Georgia ; and that the right, title, in- c. Wright, 
terest, profits and emoluments, of the said ferry, shall be, and are hereby, 
vested in the said Jermyn Wright and Charles Wright, their executors, ad- 
ministrators and assigns, for and during the term of seven years from the 
time of passing this Act. And the said Jermyn Wright and Ciiarles Wright, 
their executors, administrators and assigns, shall be, and they are hereby, 
fully authorized and impowered to take and receive, to their own proper use 
and behoof, and to have and enjoy, all and singular the profits, perquisites 
and advantages whatsoever, to the said ferry belonging, or in any wise in- 
cident or appertaining, or arising or accruing, or which shall or may arise or 
accrue, by or from the same, in any wise howsoever. 

VI. And he it further enacted- by the authority aforesaid, That the said 
lermyn Wright and Charles Wright, their executors, administrators and 



204 STATUTES AT LARGE 

A. D. 1762, ^cts relating to Roads, Bridges and Ferries. 



Couditions. 



assigns, shall be, and they are hereby, required, at their own proper cost 
and charge, constantly to provide and keep in good repair, a sufficient fer- 
ry-boat or ferry-boats, for carrying and transporting over the said river ail 
passengers, horses, coaches, chariots, chaises and chairs, and other car- 
riages ; and also, a sufficient number of men, (of which one shall be a 
white man, (who shall constantly attend the said ferry, at all times of the 
day and night throughout the year, to transport and carry all passengers, 
horses, coaches, chariots, chaises and chairs, and other carriages, over the 
said ferry, when and as often as thereunto required. 

VII. A.nd be it further enacted by the authority aforesaid. That it 
shall and may be lawful to and for the said Jermyn Wright and Charles 
Wright, their executors, administrators and assigns, to demand, take and 
receive, to their own proper use and behoof, for ferriage, as aforesaid, the 
following j-ates, that is to say : for a foot passenger, two shillings ; for a 
man and horse, four shillings; for a chariot or coach and two horses, ten 
shillings ; for a chaise or chair, or cart, with one horse, six shillings, pro- 
clamation money, or the value thereof in currency. 

VIII. And he it further enacted, by the authority aforesaid, That in case 
any person who hath occasion to pass over the said river shall meet with 
unreasonable delay at the said ferry, or be retarded for want of the said 
ferry-boat or boats, or the persons hereby required to attend the same, the 
said Jermyn Wright and Charles Wright, their executors, administrators or 
assigns, shall forfeit and pay the sum of twenty shillings, proclamation mo- 
ney, for every hour''s such delay, to the party grieved ; to be sued for and 
recovered as is directed by the Act for the trial of small and mean causes. 

IX. And he it further enacted by the authority aforesaid. That the said 
Jermyn and Charles Wright, their executors, administrators and assigns, 
shall be, and they are hereby, obliged to make and keep in repair one mile 
and a half of the said road and causey next to Savannah river, under the 
penalty of losing the benefit of this Act, and of forfeiting the sum of fifty 
pounds, proclamation money, to be recovered by action of debt, bill, plaint 
or information, in any court of record in this Prcfvince, wherein no privi- 
lege, protection or wager of law, shall be admitted or allowed ; which said 
forfeiture shall be applied to the use of the person or persons that will in- 
form and sue for the same. 

X. And he it further enacted by the authority aforesaid. That the Go- 
vernor or Commander-in-chief of this Province for the time being, all per- 
sons in time of alarm or invasion, and all expresses or messengers sent in the 
service of this Government, be, and they are hereby, exempted from pay- 
ing any ferriage at the said ferry for passing and re-passing the same, by 
themselves, their servants, horses, chaises and chairs ; any thing hereinbe- 
fore contained to the contrary thereof in any wise notwithstanding. 

B. SMITH, Speaker. 

In the Council Chainber, the 2Qth day of May, 1762. 

Assented to: THOS. BOONE. 



OF SOUTH CAROLINA. 205 

Acts relating to Roads, Bridges and. Ferries. A. U. 1762. 

AN ACT FOR ESTABLISHING A FeRRY FROM THE PLANTATION OF GeORGE No. 921. 
ROUVELL, Esa., CALLED PaTTERSON's PoINT, ON PoRT RoYAL IsL* 
AND, TO THE LaNU NOW OF JoSHUA MoRGAN, ON THE InDIAN LaND, 
AND FOR VESTING THE SAID FeRRY IN THE SAID GeORGE RoUPELL, 
HIS EXECUTORS, ADMINISTRATORS AND ASSIGNS, FOR THE TERM OF TEN 
YEARS ; AND FOR ESTABLISHING ONE OTHER FeRRY, FROM THE SAID 

LAND OF Joshua Morgan to the said plantation of George Rou- 
PELL, Esq., and for vesting the same in the said Joshua Mor- 
gan, his executors, administrators and assigns, for the like 

TERM. 

WHEREAS, a ferry from the plantation of George Roupell, Esq., on 
Port Royal Island, to Indian Land, and a ferry from Indian Land to the preamble, 
said plantation, hath been found very convenient to the inhabitants who 
reside in the south part of this Province, and to others travelling into those 
parts : we humbly pray his most sacred Majesty that it may be enacted, 
and 

I. Be it enacted, by his Excellency Thomas Boone, Esq., CJovernor-in- f'|<:[j'^'|^^^^^*j^-^_ 
chief and Captain-General in and over his Majesty's Province of South ie,-son's Point 
Carolina, by and with the advice and consent of his Majesty's Council and and Morgan's, 
the Commons House of Assembly of the said Province, and by the authori- RoupeiTand" 
ty of the same, That a pubhc ferry be, and is hereby, established at the Morgan. 
plantation of George Roupell, Esq., called Patterson's Point, from thence 

to the land of Joshua Morgan, on the Indian Land ; which said ferry shall 
be, and is hereby, vested in the said George Roupell, his executors, admin- 
istrators and assigns, for and during the term of ten years; and that one 
other public ferry shall be, and is hereby, established at the land of the said 
Joshua Morgan, upon the Indian liand, from thence to the said plantation 
of George Roupell, Esq., called Patterson's Point ; which said last men- 
tioned ferry shall be, anfl is hereby, vested in the said Joshua Morgan, his 
executors, administrators and assigns, for and during the said term of ten 
years 

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

and may be lawful to and for the said George Roupell, Esq., and Joshua ^^^j.^j^^jg 
Morgan, respectively, and for their several and respective executors, admin- 
istrators and assigns, to take and receive, for the ferrying over persons, their 
horses and cattle, at the said ferry, respectively, the following rates or 
prices, and no more, that is to say : for any single person, five shillings ; 
for any two or more, the sum of three shillings and nine pence each ; for 
a man and horse, seven shillings and six pence ; for a horse and chair, or 
horse and cart, fifteen shillings ; for sheep, hogs or calves, the sum of two 
shillings per head ; and for neat cattle, per head, ten shillings, in the cur- 
rent money of this Province. 

III. And be it further enacted by the authority aforesaid. That the said 
George Roupell, Esq., his executors, administrators and assigns, shall al- 
ways, during the said term of ten years, keep and maintain a good and suf- 
ficient ferry-boat, capable of carrying two men and two horses, at least, and 
two able servants or slaves to attend the ferry hereby invested in him, as 
well by night as by day, for the transporting all persons, their servants, 
horses and cattle, over the said ferry. And that the said Joshua Morgan, 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries, 

his executors, administrators and assigns, shall, in like manner, during the 
said term, keep and maintain one other good and suffTcient ferry-boat, ca- 
pable of carrying two men and two horses, at least, and two able servants 
or slaves to attend the ferry hereby vested in him, as well by night as by 
day, as aforesaid. 

IV. A7id he it further enacted by the authority aforesaid, That no per- 
son or persons shall keep a ferry within four miles of either of the said fer. 
ries, during the said term of ten years, unless the Legislature of this Pro- 
vince shall think fit to establish another ferry within the said four miles. 

V. And he it further enacted by the authority aforesaid, That incase 
any person or persons tendering the said ferriage shall be delayed at either of 
the said ferries hereby established, lor want of the attendance hereby en- 
joined and required, the person in possession of the ferry where such de- 
lay shall happen, shall forfeit and pay to the party grieved the sum of forty 
shillings, current money, for the first hour such party shall be unnecessari- 
ly delayed after such tender, and the further sum of five pounds, like mo- 
ney, for every hour after, to be recovered by warrant of distress, under 
the hand and seal of any justice of the peace of the county where the of- 
fence shall be committed, and sale of the offender's goods. Provided, that 
complaint thereof be made by the person so delayed within ten days after 
such delay, and not afterwards. 

VL And he it further enacted by the authority aforesaid, That the Go- 
vernor or Commander-in-chief of this Province for the time being, all min- 
isters of the gospel, and all persons going to and from general musters of 
the militia, and all persons in time of alarm, and all expresses or messengers 
sent in the service of this government, -and free Indians, be, and they here- 
by are, exempted from paying any ferriage at the said ferries, for passing 
and re-passing the same, by themselves, their servants and horses ; any 
thing hereinbefore contained to the contrary thereof in any ways notwith- 
standing. 

B. SMITH, Speaker. 

In the Council Chamber, the 29tk day of May, 1762. 

Assented to: THOS. BOONE. 



No. 941. AN ACT for laying out a public Road, from the Muster-Field 
OF Godfrey's Savanna, in the Parish of St. Bartholomew, 

NORTH WESTARDLY ACROSS BlACK CrEEK, AND THE GrEAT SwAMP, 
being the EASTERNMOST BrANCH OF SaLTCATCHER RiVER, AND INTO 

THE Fork, and to the German settlements, and for appoinling 
Commissioners for the same. 

WHEREAS, the inhabitants in the upper part of the Parish of Saint 
Preamble. Bartholomew, anijl others interested thereinj have, by their humble petition, 



OF SOUTH CAROLINA. 207 

Acts relating to Roads, Bridges and Ferries. A. I). 1765. 

prayed for a public road to be laid out from Ibe public road at tlie muster- 
field'at Godfrey's Savannah, north-westardiy, across Black creek, and the 
Great swamp, being the (iasternmost branch of Saltcatcher rivef, and into 
the Great Fork, and to the German Settlements ; we therefore pray your 
most sacred Majesty that it may be enacted, and 

I. Be it imacled, by the Honourable William Bull, Esq., Lieutenant 
Governor and Conuiiander-in-chief in and over his Majestys Province of j^^^^i f^.^^ 
South Carolina, by and with the advice and consent of his Majesty's Gi.dfrp\'s Sa- 
Council and the Commons House of Assembly of this Province, and bv y;'""'"'''' "^ ''?" 
trie authority ot the same, lliat a public road be laid out trom the public menis. 
road at the muster-field at Godfrey's Savanna, north wcstardly across 
Black creek, at or near a place called Hunt's Cowpen, and across the Great 
swamp at or near Peter's land, and to extend to the German settlements; 
and that all the mr.le inhabitants from the age of sixteen years to sixty, 
residing to the west, north and north-west of a direct line, to be run by the 
commissioners hereby appointed, from the said muster-field to the mouth 
of Black creek, and of the waters or main stream of Godfrey's Savannah, 
and the main branches of the Great swamp leading into it, shall be liable 
to make and keep in repair the said road, and shall not be liable to work on 
any other public road whatsoever. 

n. And be it enacted, by the authority aforesaid, That George Rants, 
James Donnam, Jonathan Donnam, John North, and John Hunt, be, and Commissioners 
they are hereby appointed, commissioners to lay out and give directions 
for making ihe said road and keeping it in repair; and the said commis- 
sioners shall have the same power and authority, and be under the same 
restrictions, in laying out, making and repairing the said road, as any other 
commissioners of the high-roads and public paths in any other part of the 
Province are invested with or subject to; any law, usage or custom to the 
contrary notwithstanding. 

RAWLINS LOWNDES, Stealer, 

In ihe Council Ghamher, the 9lh day of August, 1765. 

Assented to : WILLIAM BULL. 



AN ACT TO ESTABLISH A Fkrry FROM Ladv's TO St. Helena Island ; p^Q 942^ 

ALSO FROH HOBCAW TO ChARLESTOWN ; FROM DaNIEL's IsLAND TO 

Charlestown"; from South EdIsto to the land of William Dray- 
Tox, Esq.; from New Windsor to Augusta ; and from the Ferry of 
Moses Kirkland, on Saluda River, to the opposite shore ; and 
for establishing a Road leading to the said last mentioned 
Ferry ; and for making Parker's Ferry a public Ferry ; and 

FOR establishing A FeRRY FROM MaRR's BlUFF TO THE OPPOSITE 

Shore ; and to appoint new Commissioners for removing obstruc- 
tions IN THE WaTEREE RiVER. 



WHERFjAS, a ferry from the plantation of Daniel Blake and Miles 
Brewton, Esqrs. , on Lady's island, has been found very convenient to the 



Preamble. 



208 



STATUTES AT LARGE 



A.l). 1765. 



Ferry from 
Lady's to St. 
Helena island 



Vested in D. 
Blake and M. 
Brewton. 



Conditions. 



From Lampri- 
ere's to Char- 
leston, over 
Cooper river. 

Vested in C. 
Lampriere. 



Acts relating to Roads, Bridges and Ferries. 

inhabitants who reside in the south part of this Province, and toothers 
travelHng into those parts ; we humbly pray his most .sacred Majesty that 
it may be enacted, and 

1. Beit ena'-ted, by the Honourable William Bull, Esq. , Lieutenant 
Governor and Commander-in-chief in rind over his Majesty's Province of 
South Carolina, by and Avith the advice and consent of his Majesty's 
Council and the Commons House of Assembly of the said Province, and 
by the authority of the same, That a public ferry be, and is hereby, es- 
tablisiied at the plantation of Daniel Blake and Miles Brewton, Esqrs., 
from thence to the land now belonging to the estate of I^aac Waight, on 
St. Helena island ; which said ferry shall be, and is herebv, vested in the 
said Daniel Blake and Miles Brewton, Esqrs., their executors, administra- 
tors and assigns, for and during the term of fourteen years. 

n. And be it further enacted by the authority aforesaid, That it shall 
and may be lawful to and for the said Daniel Blake and Miles Brewton, 
Esqrs., their heirs, executors, administrators and assigns, to take and re- 
ceive for the ferrying over persons, their horses and cattle, at the said ferry, 
the following rates and prices, and no more, that is to say, for every single 
person, three shillings and nine pence ; for a man and horse, seven shillings 
and six pence ; for a horse and chair, or horse and cart, fit^teen shillings/ 
for sheep, hogs or calves, two shillings per head ; for neat cattle, per head, 
seven shillings and six pence, in the current money of this province. 

HL And he it further enacted by the authority aforesaid, That the said 
Daniel Blake and Miles Brewton, Esqrs., their executors, administrators 
and assigns, shall always, during the said term of fourteen years, keep and 
maintain a good and sufficient ferry boat or boats for the purpose aforesaid, 
to attend the ferry hereby invested in them, as well by night as day, for 
transporting all persons, their servants, horses and cattle, over the said 
ferry. 

IV. And he it further enacted, by the aut'iority aforesaid. That no person 
or persons shall keep a ferry within four miles of the said terry, during 
the said term of fourteen years, unless the Legislature of this Province 
shall think fit to establish another ferry within the said four miles. 

V. And he it further enacted by the authority aforesaid, That in case 
any person or persons, tendering the ferriage, shall be delayed at the said 
ferry hereby established, for want of the attendance hereby enjoined and 
required, the person in possession of the ferry shall forfeit and pay to the 
party grived, the sum of forty shillings, current money, for the first hour 
such party shall be unnecessarily delayed after such tender, and the further 
sum of five pounds, like money, for everv hour after, to be recovered by 
warrant of distress, under the hand and seal of anv justice of the peace of 
the county where the ofience shall be committed, and sale of the offender's 
goods. Provided, that complaint thereof be made by the person so delayed 
within ten days after such delay, and not afterwards. 

\T. And ichercas, the establishing a ferry over Cooper river, from the 
plantation of Clement Lampriere to Charlestown, is necessary for travel- 
lers to and from the northern parts of this province: Be it therefore enacted 
by the authority aforesaid. That a ferry for passengers, horses, chairs and 
chaises, shall be, and is hereby, established over Cooper river, from the 
plantation of the said Clement Lampriere, in Christ Church parish, to 
Charlestown ; and that the right, title, -interest, profit and advantage of the 
said ferry, shall be, and is hereby, vested in the said Clement Lampriere, 



OF SOUTH CAROLINA. 209 

Acts relating to Roads, Bridges and Ferries. A. D.17G5. 

his executors, administrators and assigns, for and during the term of four- . 

teen years from tlie time of passing this Act ; and the said Clement Lam- 
priere, his executors, administrators and assigns, shall be, and he and they 
is and are hereby, fully authorized and impowered to take and receive to 
his and their own proper use and behoof, and to have and enjoy, all and 
singular the prolits, perquisites and advantages whatsoever, to the said 
ferry belonging or in anywise appertaining. 

VII. And be it further enacted by the authority aforesaid. That the said 
Clement Larnpriere, his executors, administrators and assigns, shall be, 
and he and they is and are hereby, required, at his and their own cost and 
charge, to provide and constantly to keep in good repair, sufficient feiry 
boats, for carrying and (transporting over the said river all passengers, 
horses, chairs and chaises ; and also, a sutHcient number of men, who shall 
constantly attend the said ferry, at all times of the day and night through- 
out the year, to carry over all passengers, horses, chairs and chaises, when 
and so often as thereunto required. 

VIII. And he it further enacted by the authority aforesaid. That it shall 
and may be lawful for the said Clement Larnpriere, his executors, admin- 
istrators and assigns, to demand, take and receive, to his and their own 
proper use, by way of toll, the following rates, that is to say, for a foot 
passenger, ten shillings, current money ; for a man and horse, twenty 
shillings; for a chair or chaise, twenty five shillings; for any four wheel 
carriage, fifty shillings ; for every head of grown cattle, twenty shillings. 

IX. knd he it fwrtlier enacted by the authority aforesaid, That in case 
any person who hath occasion to pass over the said ferry, shall meet with 
unreasonable delay at the said ferry, or be retarded for want of the said 
ferry boats, or the persons hereby required to attend the same, the said 
Clement Larnpriere, his executors, administrators or assigns, shall forfeit 
and pay to the party grieved, the sum of five pounds, current money, for 
the first hour, and ten pounds, like money, for everj' hour after, that such 
delay continues. 

X. And whereas^ a ferry over Cooper river, from the plantation of 
Joseph Scott, in the parish of St. Thomas and St. Dennis, to Charlestown, p^^^ ^p^. 
or to the plantation of William FuUwood, on Charleslown neck, hath been Cooper mar, 
found convenient to nor.'^ons residing on the east side of the said river :'? ^.'^'^'■'^^'°'^. 
Beit further enacted by tlie authority aforesaid, That a public ferry be, i„ j.scott. 
and is hereby, established at the land of the said Joseph Scott, lying and 

being on the east side of Cooper river, and from thence 10 Charlestown, 
and to the plantation of William FuUwood, on Charlestown neck ; which 
said ferry shall be, and is hereby, vested in the said Joseph Scott, his 
heirs, executors, administrators or assigns, for and during the term of four- 
teen years, subject to the same penalties, rules, regulations and restrictions, 
as are hereinbefore mentioned and declared, and at and under the following 
rates and ferriages, to be paid to the said Joseph Scott, his heirs, executors, 
administrators and assigns, viz: to and from Charlestown, for one person, 
twenty shillings ; a chair, forty shillings ; a horse and chair, three pounds; 
a horse, twenty shillings ; to and from the plantation of William FuUwood, 
on Charlestown neck, for one person, live shillings ; a chair, ten shillings; 
a horse and chair, twenty shillings ; a horse, ten shillings. 

XI. And whereas, a ferry commonly called Clements's, over Pon or 
South Edisto river, to the land of William Drayton, Esq., hath been found 
very convenient for passengers to and from the plantations and settlements 
at the round O and Ilorsc-shoe. Therefore be i( further enacted, by the 

VOL. IX— 27. 



210 STATUTES AT LARGE 

A. D. 1765. j^f.ig relating to Roads, Bridges and Ferries. 

P „ authority aforesaid, That a pubUc ferry be, and is hereby, estabhshed at 

Edisto, at ' ^^6 land of the said William Drayton, lying on the said river, and from 
Drayton's. thence to the opposite shore ; which said ferry shall be, and is hereby, 
vested in (he said William Drayton, his executors, administrators and 
assigns, for the term of fourteen years, at and under the following rates 
and ferriages, to be paid to the said W^illiam Drayton, his executors, 
administrators and assigns, viz : for any single person, ferried over the 
said ferry, seven shillings and six pence ; for a man and horse, one shilling 
and three pence; for a chair and horse, or cart and horse, five shillings; 
for sheep, hogs, calves and neat cattle, per head, seven shillings and 
six pence, in the current money of this Province ; and subject to the same 
penalties, rules, regulations and restrictions, as are herein before mentioned 
and declared. > ' ■ 

XTI. Aiid whereas, the establishing a ferry over Savannah river, from the 
township of New Windsor to Augusta, from Fort Moore, in New Windsor, 
From New wii) be of great use and advantage to the inhabitants, and all other persons 
Augusta. " travelling in those parts : Be it therefore further enacted by the authority 
aforesaid. That a ferry shall be, and is hereby, established for the trans- 
porting of passengers, horses and cattle over Savannah rivei-, from New 
Windsor to the opposite side of the said river, and be vested in John 
Stuart, of New Windsor, his executors, administrators and assigns, for the 
term of fourteen years ; and that it may be lawful to and for the said John 
Stuart, his executors, administrators and assigns, during all that time to 
demand, have, receive and take, to his and their own proper use, of and 
from all manner of persons passing and repassing at the said ferry, the 
several rates and sums following, that, is to say, for a foot passenger, one 
shilling and six pence ; for every horse, one shilling and sixpence; for 
neat cattle, by the head, one shilling ; for hogs or sheep, per head, six 
pence; for transporting goods, every hundred pounds weight, one shilling, 
current money of this Province; for whicn sev^eral rates and sums, the 
said John Stuart, his executors, administrators and assigns, after demand 
and refusal of the same, niay detain in his custody the goods or chattels of 
any person so refusing to pay ferriage, until satisfaction shall be made for 
the said rates and sums becoming due as aforesaid, and on such detainer, to 
apply to any of his Majesty ''s justices of the peace, who are hereby author- 
ized and impowered, on such application, to issue a warrant of distress 
against the goods and chattels of such person, and to cause the said rates 
and sums to be levied by sale of the said goods, returning the overplus, if 
any, to the owner. 

XUL And be it further enacted by the authority aforesaid. That the said 
John Stuart, his executors, administrators and assigns, shall be, and they 
are, obliged and required constantly to provide and keep in good 
repair a sufficient ferry boat or boats, for carrying and transporting over 
the said river, passengers, horses, cattle and goods, and also, two able men 
who shall constantly attend the said ferry, at all times of the day and night 
throughout the year, to transport and carry over all persons, horses, 
cattle and goods, when and so often as they shall be required, subject to 
the same penalties, rules, regulations and restriction, as are hereinbefore 
mentioned and declared. 

XIV. And ivhereas, a ferry from the plantation of Moses Kirkland, on 
Saluda river, in Berkley county, hath been found very convenient to the 
inhabitants living and residing in those parts, and it is also absolutely 
necessary and advantageous to the whole Province, that several roads be 



OF SOUTH CAROLINA. 211 

Act.0 relating to Roads, Bridges and Ferries. A. D. 1765. 

made and laid out, in or near the Fork between Broad and Saluda rivers, 
and parts adjacent, as hath been prayed by the petition of the said inhabi- |y,|'||^-^gj^j^^^l^^' 
tants, presented to the General Assembly: Be it further enacted, by (he land's, 
authority aforesaid, That a public ferry be, and it is hereby, established, 
at the plantation of the said Moses Kirkland, from thence to the opposite 
shore, to tlie land now belonging to the said Moses Kirkland ; which said 
ferry shall be, and is hereby, vested in the said Moses Kirkland, his execu- 
tors, administrators and assigns, for-and during the term of fourteen years, 
at the following rates and prices, viz. for any single person, one shilling 
and three pence ; for a man and horse, two shillings and six pence ; for a 
horse and chair, ten shillings ; for a cart and horses, fifteen shillings; for a 
wagon and horses, twenty-five shillings, current nioney ; and under the like 
penalties, rules, regulations and restrictions, as are hereinbefore limited 
and appointed. 

XV. And be it also enacted, that a road be laid out and made through 

the said fork, from Gordon's Fort, on Enoree river, to the said ferry of the R"ad from ; 
said Moses Kirkland, on Saluda river aforesaid, and that the said Moses [^"g^^"^.®^.^^''* 
Kirkland, Captain Thomas Kennerly and Zuchariah Hollandstread, be, 
and they are hereby appointed, commissioners of the said road, from the 
Wateree creek to the said ferry ; and that Captain Thomas Bond, Adara 
Sommers, and John Galman, be, and they are hereby appointed, commis- 
sioners of the said road, for that part thereof lying between Cannon creek 
and the said Wateree creek ; and that Captain Edward Musgrove, Captr.in 
Thomas Gordon, and Captain Daniel Horsey, be, and they are hereby 
appointed, commissioners of the upper part of the said road, leading from 
Gordon's Fori. aforesaid, to the said Cannon's creek. 

XVI. A7id be it further enacted, that all the male inhabitants, from six- 
teen to sixty years of age, (within the said fork, as high as Weaver's 
ferry,) and within six- miles of the said road above Cannon's creek, on q„ j^ ^"^ 
either side, shall work on the said road ; (those inhabitants who live and 

reside on Saluda river, above Weaver's ferry aforesaid, only excepted.) 
And the said commissioners, and the commissioners for the time being, 
shall and may use, exercise and enjoy the like powers and authorities, 
and shall be under the same rules, regulations and restrictions, as are given 
and allowed to any other commissioners of high-roads in this Province ; 
any law, usage or custom to the contrary thereof, in any wi^e notwith- 
standing. 

XVII. And vjhercas, the law for establishing the ferry over Pon Pon river, 
commonly called Parker's ferry, is expired. Be it therefore enacted by the Parjjpr'g ferrr, 
authority aforesaid, That a public ferry shall be, and is hereby, established ""er Pon Pon. 
over the said river, and the same is hereby vested in Thomas Ferguson, 

Esq., the present proprietor and owner of the lands situated on both sides 
of the ferry, his heirs, executors, administrators and assigns,' for and dur- 
ing the term of fourteen years, subject to the like penalties, forfeitures, 
conditions and provisoes, as is herein before appointed in and for the 
other ferries established by this Act ; and that it shall and may be lav/ful 
for the said Thomas Ferguson, his heirs, executors, ad.Tiinistratot.s and 
assigns, to take and receive, demand and recover, the same toll and fare, 
for all passengers passing and repassing the said ferry with horses, cairiages 
and other things, as was heretofore allowed and appointed by l^.w for the 
same. 

XVIII. And whereas, it is absolutely necessary and convenient, for the 
inhabitants and others of Black Mingo, Peedee, and parts adjacent, that a 



212 STATUTES AT LARGE 

A. D. 1765, Acts relating to Roads, Bridges and Ferries. 

ferrj- should be established from Marr's Bluff; in Craven county, to the 
^^^^*^*^*'"^ opposite shore. Be it therefore further enacted, by the authority aforesaid;; 
that the said Ferry be, and is hereby, vested in John Murray, Esq., his ex. 
ecutors, administrators and assigns, for and during and unto the full end 
and term of fourteen years, at and under the following rates ^ viz ; for a 
single person, one shilling and three pence ; for a horse ^ one shilling and 
three pence ; for a horse and chair, or horse and cart, two shillings and six 
pence ; for a four wheel carriage ^ five shillings ; for hogs^ sheep and neat 
cattle, one shilling per head ; and that the said ferry be under the same 
rules, regulations and restrictions, as is hereinbefore nrentioned. 

XIX. And whereas, in and by a certain Act of Assembly^ passed the 
twenty-first dav of April^ in the year of our Lord one thousand seven hun^ 
fo°"vvateree"' dred and fifty-three, Samuel Wylly, Robert Miihouse, Jared Neilson,- 
river. Mathew Neilson and James McGirt,. were appointed commissioners for the 

purposes therein mentioned, and it was thereby enacted, that the said 
commissioners, or a majority of them, should have power and authority, and 
they were thereby fully authorized, impowered and directed, as soon as 
conveniently might be, after the passmg of the said Act, to take away the 
rafts and other obstructions m Wateree river, or to make the said river 
navigable, bv cutting a water passage in any other naanner, as they should 
judge most expedient. And whereas j no power or authority was given by 
the said Act, to the Said commissioners, aftei they had once removed the 
said rafts and other obstructions, and made the said river navigable, and cut 
the said water passages, to keep the Siime clean, and in good constant re- 
pair. And whereas, the comsnissianers mentioned in the said Act. e.xcept 
James McGirt, are dead or refuse to act. Be it therefore enacted, that such 
of the said commissioners, in the said Act mentioned, as are now alive, 
except the said James McGirt, be,, and they are hereby, discharged from 
being commissioners under the said act. And he it enacted, that the said 
James McGirt, together with Joseph Kershaw ► Ely Kershaw, John Ches- 
nut, Isaac Ross, John Cantcy, and Malachia Weston, or a majority of 
them, shall be commissioners for putting the said Act, and the powers and 
authorities herein given, in execution. 

XX. And he tt enacted by the authority aforesaid. That the said com- 
missioners hereinbefore appointed, slial! have all the power and authority 
given to the commissioners in the .said Act mentioned ; and they, and the 
majoritv of them, are hereby impowered and directed, as soon as may be^ 
after the passing of this Act, to take away all rafts and other obstructions 
in the said river, and to make the said river navigable, by cutting one or 
more water passages in the said river, and to cleanse and keep navigable 
the same, from time to time, as shall be found necessary; and, in general, to 
put in execution everv clause, matter and thing in the said Act mentioned,, 
relating to the said ratf-, obstructions and water passages, in such manner 
as shall appear to them, or the majority of them, necessary and e.xpedient. 

XXI. And be it further enacted by the authority aforesaid. That all the 
Who to work male inhabitants from the ase of sixteen to sixty years, living and residing 
°" '*• on either side of the said river, within ten miles of die .same, and not more 

than fifty miles above the said rafts and water passages, respectively, shalf 
be, and they are hereby, obliged and required, from time to time forever 
hereafter, to work in removing the said rafts and other obstructions, and 
making the said river navigable, and in making, cleansing, and keeping in 
repair, the said water passage or passages, as the said commissioners shall 
judge necessary. 



of SOUTH CAROLINA 213 

Acts relating to Roads, Bridges and Ferries. A. I). 1706. 

XXII. And he it further enacted by tlic authority aforesaid, That tho , 
^. /-. 1 • 1 ■ <• <• "ii ■ f-k ■ £■ i.1 J- u • VVho may pass 

Governor or Commandcr-in-chiet ot this novince tor the time hcing, ,hy fg^rj^^ j^gg 
all ministers of the gospel, and all perj^ons going to and from general rnus- 
ters of the militia, and all persons in time of alarms, and all expresses or 
messengers sent in the service of this government, and free Indians, be, 
and they are hereby, exempted from paying any ferriage at the said ferries, 
for passing and repassing the same, by themselves, their servants and horses ; 
any thing hereinbefore contained to the contrary thereof, in any wise not- 
withstanding. 

RAWLINS LOWNDES, Speaker. 
In the Council Chamber, the 9lh day of August, 1765. 
Assented to : WILLIAM BULL. 



AN ACT FOR ESTABLISHING A PUBLIC RoAD TO LEAD FROM THK FeRRV No. 949. 
COMMONLY CALLED JoHN M'CoRd's FeRRY, ON THE CoNGAREE RiVER, 

TO Fishing Creek, on the Catabaw River; and, likewise, for 

ESTABLISHING AND MAKING PUBLIC A RoaD COMMONLY CALLED Lee's 

Road, which leads from the extreme part of this Province to 
Howell's Ferry, on the Congaree River, thence to Beaver 
Creek, and thence to Congaree Road ; and also, for making 

PUBLIC, and vesting IN JoHN M^CoRD, THE PROPRIETOR OF THE 
LAND ON THE OPPOSITE SIDE OF THE SAID JoiIN M'CoRD, ZebULUN 

GuANT, Samuel Wyley, and Grace Russell, respectively, the 
SEVERAL Ferries therein mentioned. 

WHEREAS, it is necessary that the roads and ferries hereinafter men- 
tioned should be established and made public, for the convenience of many Preamble, 
of the back settlers in this Province: we therefore humbly pray your most 
sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency the Right Honorable Lord Charles 
Greville Montagu, Governor-in-chief and Captain-General in and over his ^ . 
Majesty's Province of South Carolina, by and with the advice and consent Cord's ferry to 
of his iVIajesty\s Council and the Commons House of Assembly of the said Fishing creek. 
Province, and by the authority of the same. That John M'Cord, John 

Russell, James Ross, Henry Hunter, Malachi Weston, Zebulun Guant, and 
W^illiam Harris, shall be, and are hereby nominated and appointed, com- 
missioners for laying out, making and keeping in repair, and they are here- 
by authorized, impowered and required, to lay out, make and keep in re- 
pair, a road to lead from John M'Cord's ferry, on the west side oi the 
Wateree river, up the country, to the place called Fishing creek, on the 
Catabaw river, so far as the Province extends. 

II. Andbe it further enacted by the authority aforesaid, That all male 



214 STATUTES AT LARGE 

A. I). 1766. Acfs relating to Roads, Bi'idges and Ferries. 

inhabitants, from the age ^f sixteen to sixty, on tlie west side of the Wa- 
teree river, and within ten miles of the said road, shall be, and they are 
hereby, obliged to make the said road, and keep the same in repair. 

III. A7id be it further enacted by the aiithorit}' aforesaid, That Thomas 
Road from Fletchall, Esq., Zachariah Bell, John Lee, Robert Goodwin, William How- 
Lee'..^ Fort to ^11, Conrad Jumper, William Scott, William York, and John Hamilton, 
Howell's Fer- shall be, and are hereby nominated and appointed, commissioners for, and 
'^' ^' they are hereby impowered and required to lay out, make and keep in re- 
pair, a road to lead from the extreme part of the Province, near Lee's 
Fort, through the fork of the Catabaw river, to Howell's ferry, on the Con- 
garee river, and from the said last mentioned ferry to Beaver creek, and 
thence to the Congaree road, at or near the plantation of George Deigh- 
tell. 

IV. And he it furthef enacted by the authority aforesaid, That all the 
male inhabitants, from the age of sixteen to sixty, within ten miles of each 

Who to work side of the said road to be made and laid out, shall be, and they are hereby, 
obliged to make the said last mentioned road, and to keep the same in re- 
pair. And in case any of the inhabitants obliged by this Act to work on 
the said roads, respectively, shall neglect or refuse to do the same, they 
and every of them shall be liable to the same fines and forfeitures as any 
persons by Act of General Assembly for making roads are. 

V. And he it further enacted by the authority aforesaid. That the 
Powers of com- commissioners hereinbefore named, or the majority of them, respectively, 
inissionerft. shall have, use and exercise, all the powers and authorities, for putting the 

foregoing part of this Act in execution, which are given to any other com- 
missioners for high-roads, and be subject to the same penalties inflicted on 
any commissioners of high-roads, by any Act of the General Assembly of 
this Province. 

VL And he it further enacted , That in case the said commissioners, or 
Gpnnral issue ^"Y of them, or any other person or persons acting under their authority, 
may be plead- shall be sued or prosecuted for any matter or thing by tiiem to be done by 
virtue of or in pursuance of the directions of this Act, it shall and may be 
lawful to and for the said commissioners, and other persons so sued or pro- 
secuted, to plead the general issue, and give this Act and the special matter 
in evidence ; any law, usage or custom, to the contrary notwithstanding. 
VII. And he it further enacted by the authority aforesaid, That there 
Ferries estab- shall be, from and immediately after the ratification of this Act, for the pub- 
lished at Mc- lie ygg and benefit of all and singular the inhabitants and others passing 
Wright's, and ^"^^ re-passing in this Province, one ferry fixed and established on Congaree 
Howell's. river, at the place now called John M'Cord's ferry ; one other ferry fixed 
and established on the Wateree river, at the place formerly called Wright's ; 
and one other ferry fixed and established at the place called Howell's fer- 
ry, on the Congaree river. All persons using any of the said ferries pay- 
ing at each of the said ferries, respectively, the several rates and prices 
hereinafter mentioned, limited and appointed, that is to say : for a foot 
passenger, one shilling and three pence ; for a single horse, one shilling 
and three pence ; for a man and horse, two shillings and six pence ; for 
neat cattle, per head, ferried or swam, twelve pence ; for calves, sheep or 
hogs, twelve pence, like money, per head ; for a wagon and team of hor- 
ses, with the drivers, twenty-five shillings. All which rates and prices 
shall be paid and received from all persons, (Indians in amity with this go- 
vernment excepted,) at all times, except in times of alarm, when the fer- 
riage shall be free ; and also, except such person and persons who shall be 



OF SOUTH CAROLINA. 215 

Acts relating to Roads, Bridges and Ferries. A.l). 17(iC. 

going to or coming from divine service, who shall pass and re-pass the said 
ferries, respectively, free. 

VIII. And h<i it further enacted by the authority aforesaid, That the 

said ferry hereby established on Congaree river, at the place called John j^ whom said 
M'Cord's ferry, from the said John IVrCord's to the opposite shore, shall be, -erries vested. 
and is hereby, vested in the said John M'Cord, his e.xeciitors, administrators 
and assigns; and from the opposite shore to John M'Cord^s land, shall be, 
and is hereby, vested in the proprietor of the land on the opposite shore, to 
the said M^Cord's land, his executors, administrators and assigns, for the 
term of fourteen years ; and also, that the said ferry formerly called 
Wright''s, hereby established on the Wateree river, shall be, and is hereby, 
vested in the said Zebulun Gaunt and Samuel Wyley, their executors, ad- 
ministrators and assigns, for the term of fourteen years. 

IX. And he it enacted, by the authority aforesaid. That the road laid out 

from the said ferry, on the west side of Wateree river, to the road herein- J^^;":'' '1"°'",, 

. IVl Corel s r 6r- 

before first mentioned, shall be deemed and taken to be a public road, and ^y-^ 
shall be under the care and direction of the commissioners herein first men- 
tioned, and shall be kept in repair by the same persons who are obliged to 
work upon and keep in repair the road herein first before mentioned. 

X. And he it further enacted, That the said ferry called HowelTs ferry, 

on the Congaree river, shall be, and is hereby, vested in Grace Russell, her ^°"'*' ^ * 

executors, administrators and assigns, for the term of fourteen years next 

ensuing the ratification of this Act, and from thence to the end of the next 

session of the General Assembly. Each of them, the said John M'Cord, 

the proprietor of the said land on the opposite shore of the said John Mc- 

Cord, Zebulun Gaunt, Samuel Wyley, and Grace Russell, and their res- J^uty ofowners 

• •■ *'.*. ,■ ., of sQ.i(i ferriGS 

pective executors, administrators and assigns, finding, providing and keep- 
ing at each of said ferries, respectively, during all the said term, a good 
and sufficient ferry-boat and canoe, with two or more servants or negroes, 
fit and necessary for the transporting all passengers, their servants, horses, 
wagons, carriages, cattle and etfects ; and that it shall and may be lawful 
to and for each of them, the said John M'Cord, the proprietor of the said 
land on the opposite shore of the said John M'Cord, Zebulun Guant, Sa- 
muel Wyle}', and Grace Russell, and each of their executors, administra- 
tors and assigns, during the said term, to ask, demand and receive of and 
from all and every person and persons passing and re-passing at any of the 
said ferries, (except as before excepted,) the several and respective rates 
and prices hereinbefore mentioned, limited and appointed, at each of the 
said ferries, respectively ; and in case of failure of payment thereof, to re- 
cover the same by warrant, under the hand and seal of any one justice of 
the peace, according to the method prescribed in the Act for the trial of 
small and mean causes. 

XI. And he it further enacted, by the authority aforesaid, That each of 
them, the said John M'Cord, the proprietor of the land on the opposite side 
of the said John M"Cord, Zebulun Gaunt, Samuel Wyley, and Grace Rus- 
sel, and each of their executors, administrators and assigns, respectively, 
or other person or persons appointed by them, or any of them, to have the 
care and management of each of the said ferries, respectively, shall give 
constant and due attendance at each of the said ferries, respectively, as 
well by day as by night. And if any person or persons shall be detained 
at any of the said ferries, through neglect of any of the said last named 
persons, respectively, or any of their executors, administrators or assigns, 
or other person to be appointed by any of them to keep the said respective 



216 STATUTES AT LARGE 

A. 0.1766. Acts relating to Roads, Bridges and Ferries. 

ferries, or any of them, then, and in such case, the said several persons, 
respectively, and their several and respective executors, administrators and 
assigns, or otlier person to be appointed by them, or any of them, to keep 
such ferry where any person or persons shall be delayed, as aforementioned, 
shall forfeit and pay to such person and persons so delayed the sum of two 
pounds for the first hour, and ten pounds for every hour after ; to be reco- 
vered by warrant from any one justice of the peace, on the oath of the 
party delayed, or any other witness whom he or she shall produce; and 
the said justice of the peace shall issue his summons against the party com- 
plained of, and shall proceed in the same way and manner as is directed 
by the law for the trial of small and mean causes. 

P. MANIGAULT, Speaker. 

In. tJie Council Chamber, the 2d day of July, 1766. 

Assented to: C. G. MONTAGU. 



No. 950. AN ACT for erecting a Bridge over Saltcatcher River ; and 

FOR ESTABLISHING A FeRRY OVER CoMBAHEE RiVER, AND VESTING 
THE SAID FERRY IN StEPHEN BuLt, OF SheLDON, EsQUIRE, AND HIS 

Heirs and Assigns, for the term of fourteen years. 

WHEREAS, the inhabitants of Saint Bartholomew's Parish, by their 
Preamble, petition to the General Assembly, have prayed that a law may be passed 
for building a bridge over Saltcatcher River, at the place where M'Kewn's 
ferry is now kept ; and whereas, it is necessary that a ferry should be 
established where the bridge lately stood, on Combahee River, in lieu of 
the said bridge; and Stephen Bull, of Sheldon, Esquire, by his petition to 
the Commons House of Assembly, hath prayed that the said ferry may be 
vested in him, his heirs and assigns. We therefore humbly pray his most 
sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency the Right Honorable Lord Charles 
Bridge over Greville Montagu, Captain General, Governor and Commander-in-Chief, 
Saltcatcher, at by and with the advice and consent of his Majesty's Council, and the Com- 
McKewn's. mons House of Assembly of the said Province, and by the authority of the 
same. That the commissioners hereinafter named, shall cause to be built 
and erected a good and substantial bridge over Saltcatcher River, at or 
about the place where M'Kewn's ferry is now kept ; and that the said 
bridge shall be built and kept in repair at the charge and expense of the 
inhabitants and owners of slaves in Saint Bartholomew's and Prince Wil- 
liam's Parishes, to be levied on all the male inhabitants of the said parishes, 
from the age of sixteen to sixty years ; and the said commissioners are 
hereby required and empowered, from time to time as there shall be occa- 
sion, to make an assessment on the said inhabitants for defraying the said 
expense. 



OF SOUTH CAROLINA. 217 

Acts relating to Roads, Bridges and Ferries. ^- ^- ^''^G- 

II. And, he it farther enacted by the authority aforesaid, That the . . 
said commissioners, or any three of them, shall and may have, use and exer- a^j iheir pow- 
cise, the same powers and authorities, respectively, in building and erecting eis. 

the said bridge, and in making assessments for defraying the expense of 
building and keeping it in repair, as the several commissioners of high 
roads or public paths have in this Province by any Acts of Assembly ; and 
that John Hunter, Esquire, Henry Hyrne, George Rents, Jonathan Don- 
nam, and Colonel Andrew Dcvaux, be, and they are hereby appointed, 
commissioners for putting in force such part of this Act as relates to the 
said bridge. 

III. And be it also enacted by the authority aforesaid, That a ferry shall 

be, and is hereby, established for transporting passengers, horses, cattle Ferry over 
and carriages over Combahee river, from Combahee causey to the opposite Combahee. 
shore, and from the opposite shore to the said causey, where a bridge lately 
stood, in lieu of the said bridge ; and that the right, title, interest and ad- 
vantage of the said ferry, sliall be, and are hereby, vested and settled in 
the said Stephen Bull, Esquire, his executors, administrators and assigns, 
for and during the term of fourteen years. 

IV. And be it further enacted, That the said Stephen Bull, and his 
executors, administrators and assigns, shall and may demand, receive and Toll, 
take, sue for and recover, to his or their own use, the several rates and 

sums following, that is to say : — for every single perscm, fifteen pence ; for 
every horse, fifteen pence ; for every chair, chaise and empty cart, seven 
shillings and six pence; for every loaded cart, coach, charriot or wagon, 
fifteen shillings; for every head of neat cattle, ferried or swam, fifteen 
pence ; for every head of hogs, sheep or calves, seven pence half penny, 
in the current money of this Province. Provided, always, that the Go- 
vernor of this Province for the time being, his servants, attendants, equi- 
page and horses, all ministers of the Gospel, all persons going to or from 
divine worship, or musters, or passing in times of alarm, all expresses or 
messengers in the service of the Government, and all free Indians, are 
hereby exempted from paying ferriage at the said ferry. 

V. And be it further enacted, That the said Stephen Bull, his execu- 

tors, administrators and assigns, shall, during the term aforesaid, provide Duty of owner 
and keep a good and substantial ferry boat or boats, with a stage or enter- ** *''' ^"■^* 
ing board ; and also, a capstan and a sufficient rope across the river ; and 
also, a canoe and two able men to attend the said ferry, for transporting 
passengers, their horses and carriages, as well by night as by day. And 
for the conveniency and shelter of persons coming down the said causey 
from the inclemency of the weather, the said Stephen Bull, his executors, 
administrators and assigns, shall be obliged, forthwith, to build, and to keep 
constantly in repair, a shed, sufficient to shelter travellers from sun and 
rain, thirty feet long and twenty feet wide, on the causey near the side of 
the said river. 

VI. And be it further enacted. That if anv person coming to the said 

ferry to pass the same, shall meet with unreasonable delay, or be retarded J',^"*''^' '"'' "®' 

in passing the said ferry, the said Stephen Bull, his executors, administra- " 

tors and assigns, shall forfeit and pay, for every such ofTence, to the person 

so delayed, for the first hour, forty shillings, current money, and ten 

pounds, like money, for every hour afterwards; to be recovered before any 

justice of the peace in Colleton county, if sued for in ten days after the 

offence committed. 

VOL. IX— 28. 




STATUTES AT LARGE 

Acts relating to Roads , Bridges and Ferries. 

VII. \tid he it further eiiactcd by the authority aforesaid, That this 
Act shall continue and be of force for fourteen years from the time of the 
passing thereof, and no longer. 

P. MANIGAULT, Speaker. 

Ill the Cotmcil Chamber, the 2d day of July, 1766. 

Assented to: C. G. MONTAGU. 



No. 953, AN ACT for erecting a Bridge over Wai'etaw Creek, establish- 
ing A NEW Road to and from the said bridge, and for discon- 
tinuing THE Old Bridge over the said Creek, and part of the 
Old Road leading to and from the said Old Bridge ; and for 

TUTTING the RoaD LEADING FROM THE PLANTATION OF ClEMENT 

Lampriere, Esquire, at Hobcaw, to the Public Road leading 
TO THE Parish Church of Christ Church, under the direction 
OF the Board of Commissioners of the said parish. 



preamble. 



WHEREAS, many of the inhabitants of Christ Church Parish, by their 
himible petition to the Commons House of Assembly, set forth that the 
bridge which was tbrmei'ly erected over Wapetaw Creek, hath been, for 
some time, destroyed, and that it will be more commodious and less expen- 
sive to have a new bridge erected, about a mile higher up the said creek ; 
and a new road, to and from the said bridge, laid out and established ; and 
thereupon prayed that a law may be passed for those pu' poses. We there- 
fore pray your most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his ExceMency the Right Honorable Lord Charles 
Greville Montagu, Captain-General and Governor-in-chief in and over 

wlfpftaw^'^ his Majesty's Province of South Carolina, by and with the advice and 
creek. consent of his Majesty's Council, and the Commons House of Assembly 

of the said Province," and by the authority of the same, That Clement 
Lampriere, Esquire, Robert Dorrel, George Huggins, George White, John 
Murrill, John Boone, and Levi Durand, be, and they are hereby appointed, 
commissioners, and they, or a majority of them, shall, forthwith, cause to 
be built and erected, a good and substantial bridge over Wapetaw Creek, 
about a mile higher up the said creek than where the old bridge lately 
stood ; and that the said bridge shall be built and kept in repair at the 
charge and expense of such of the inhabitants and owners of slaves in the 
said parish, as were liable to defray the expense of making and keeping in 
repair the said old bridge. 

II. And be it also enacted. That the said commissioners, or a majority 
P g . I . of them, shall be, and they are hereby, empowered and required to lay out, 

leieto. gg^g^jjjjj^jj ^^^ complete, at the expense of all the male inhabitants and 
owners of slaves in the said parish, from the age of sixteen to sixty years, 
a public road, to and from the said new bridge, in such manner as the said 



OF SOUTH CAROLINA. 219 

Acts relating to Roads, Bridges and Ferries. A, 0.1707. 

commissioners shall find most proper and convenient for |)ersons travelling 

that way ; and that when the said new road shall be laid out, established 

and completed, the several persons who were liable to work on and keep in 

repair the old road leading to and from the said old bridge, shall be liable to \\jy\o to work 

iTiake and keep in repair the said new road ; and that from thenceforth on it, &c. 

the commissioners of the high roads in the said parish for the time being, 

shall be the commissioners for the said bridge and road. And that as soon 

as the said new bridge shall be erected, and the said nevv road made, the 

said old bridge and road shall be discontinued, and no person thereafter 

liable to work on or keep the same in repair ; and also, that the said com- 

missioners for building the said bridge, and for laying out and establishing 

the .said road, shall have as full powers and authorities, in erecting, making 

and establishing the said bridge and road, as any commissioners of high 

roads and bridges in this Province have, by any law, usage or custom. 

III. And ivhcreas, the public road in the said parish, from the plantation, 
formerly, of Wdliam Watson, deceased, and now belonging to Captain Road from 
Lampriere, commonly called Hobcaw, to the public road in the said parish Hobcaw to the 
leading to Church, near the plantation of Major Bond, for some years past 
hath been under the direction of private commissioners, by law appointed, 
who have neglected the same, in such manner that the said road is now 
much out of repair, and probably will remain so, unless remedied. Be it 
therefore enacted by the authority aforesaid, That the several Acts and 
clauses of Acts of the General Assembly of this Province, heretofore made 
concerning the said road being under the direction of private commission- 
ers, shall, and the same are hereby declared to, be repealed, null and void, 
to all intents and purposes. Antl the said road, for the future, shall be 
under the direction and power of the board of Commissioners for the said 
parish, in the same way and manner as the other high roads in the said 
parish are, and as if the said Acts and clauses of Acts had never been 
made. 

P. MANIGAULT, Speaker. 

In the Council Chamhcr, the \Qth day of April, 1767. 

Assented to: C. G. MONTAGU. 



AN ACT FOR ESTARLISHING A FeRRY OVER PoRT RoYAL RiVER, FR03t No. 955. 

Beaufort to White H.\ll, on Lady's Island. 

WHEREAS, the establishing a ferry from Beaufort, Port Royal, to 
White Hall, on Lady's Island, will be very convenient to the inhabi- 
tants of Beaufort and Saint Helena and Lady s Island. We humbly 
pray your most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency :he Right Honorable Lord Charles 
Greville Montagu, Captain-General, Governor and Commander-in-chief Ferry from 
in and over his Majesty's Province of South Carolina, by and with the ^f"."'"" '"i 
advice and consent of His Majesty's Council, and the Commons Houso 



220 STATUTES AT LARGE 

A.]). 17G7. Acts relating to Roads, Bridges and: Ferries. 

of Assembly of the said Province, and by the authority of the same, 
Harv^e*^'"^" ^^^^ ^ pubHc ferry be, and is hereby, estabUshed from the town of Beau- 
'"'^^■^" fort. Port Royal, to White Hall, on Lady's Island ; which said ferry shall 

be, and is hereby, vested in William Harvey, of Beaufort, his execu- 
tors, administrators and assigns, for and during the term of seven years. 
n. And it is also enacted by the authority aforesaid. That it shall and 
Conditions. j^j^y ^g lawful to and for the said William Harvey, his executors, adminis- 
trators and assigns, to take and receive, for the ferrying over persons, their 
horses, carriages and cattle, at the said ferry, the following rates and pri- 
ces, and no more, that is to say : — for every single person, three shillings 
and nine pence ; for a man and horse, seven shillings and six pence ; for 
a horse and chair, or horse and cart, fifteen shillings ; for a four wheel 
carriage, twenty-five shillings; for sheep, hogs or calves, per head, two shil- 
lings and six pence; for neat cattle, per head, seven shillings and six 
pence, in the current money of this Province. 

HL And be it fztrther enacted by the authority aforesaid, That the said 
William Harvey, his executors, administrators and assigns, shall always, 
during the said term of seven years, keep and maintain a good and suffi- 
cient ferry boat or boats for the purposes aforesaid, to attend the said ferry, 
as well by night as by day, for the transporting passengers, their horses and 
carriages. 

IV. And be if also enacted by the authority aforesaid. That if any 
person coming to the said ferry to pass the same, shall meet with any un- 
reasonable delay, or be unnecessarily retarded in passing the said ferry, the 
said William Harvey, his executors, administrators and assigns, shall forfeit 
and pay, for every such offence, to the person so delayed, ten pounds, cur- 
rent money, and in case such delay shall exceed an hour, ten pounds, like 
money, for every hour afterwards ; to be recovered before any justice of 
the peace in Granville county, if sued for in ten days after the oflence 
committed. 

V. And be it further enacted, by the authority aforesaid. That the Go- 
vernor or Commander-in-chief of this Province for the time being, all 
ministers of the Gospel, and all persons going to and from divine service 
and general musters of the militia, and all persons in time of alarm, and 
all expresses or messengers sent on the service of this Government, and all 
free Indians in amity with this Government, be, and they are hereby, ex- 
empted from paying any ferriage for passing and re-passing the same, by 
themselves, their servants, horses and carriages ; any thing hereinbefore 
contained to the contrary thereof in any wise notwithstanding. 

P. MANIGAULT, Speaker. 

In the Covncil Chamber, the \Qth day of April, 1767. 

Assented to : C. G. MONTAGU. 



OF SOUTH CAROLINA. 221 

Acts relating to Roads, Bridget and Ferries. A. 0. 17G8. 

AN ACT FOR ESTABLISHING AND MAKING PUBLIC, A RoAD TO LEAD No. 973. 
FROM OrANGEBURGH TO SaLUDA, AND FROM THENCE TO BtJSII AND 

Rayburn's Creeks, and for appointing Commissioners for the 
same; and also, for establishing and making public, a Ferry 
OVER Saluda River, and vesting the same in Samuel Kklly and 
John Millhous, their Executors, Administrators and Assigns, 
for the term therein mentioned. 

WHEREAS, the inhabitants living and residing in the Fork of Broad 
and Saluda Rivers, and Bush and Rayburn's Creeks, in this Province, by Fieamble. 
their humble petition to the General Assembly, have represented many in- 
conveniencies which they labor under for want of having a road established 
and made public, to lead from Orangeburgh to Saluda, and from thence to 
Bush and Rayburnls Creeks; and also, for want of a ferry to be esta- 
blished and made public over Saluda River. We therefore humbly pray 
his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency the Right Honorable Lord Charles 
Greville Montagu, Captain-General, Governor and Commander-in-chief in jj^^ij ,^ j^g 
and over his Majesty's Province of South Carolina, by and with the advice male irom 
and consent of his Majesty's Council, and the Commons House of Assem- ^^''^^S^ j"*"^^ 
bly of the said Province, and by the authority of the same, That Andrew 
Brown, John Millhous, James Cheek, William Booth, Barnabas Arthur, 
John Fisher, and John Furnas, shall be, and are hereby nominated and ap- 
pointed, commissioners for laying out and making, and keeping in repair, a 
road to lead from Orangeburgh to Saluda, and from thence to Bush and 
Rayburn's Creeks. 

H. Knd he it further enacted by the authority aforesaid. That all male ^yj^^ ^^ ^.^^^ 
inhabitants, from the age of sixteen to sixty years of age, within ten miles ou it. 
of the said road, shall be, and they are hereby, obliged to make the said 
road and keep the same in repair. 

HL And he it further enacted, by the authority aforesaid, That the com- 
missioners hereinbefore named, or a maioritv of them, shall have, use and '^""■^'f °/ 

. . iJoiiiniissioncrs 

exercise, all the powers and authorities for putting the foregoing part of this 
Act in execution, which are given to any other commissioners of high 
roads, and be subject to the same penalties inflicted on any commissioners 
of high roads by any Act of the General Assembly of this Province. 

IV. And he it father enacted by the authority aforesaid. That in case 

the said commissioners, or any of them, or any other person or persons General issue 

acting under their authority, shall be sued or prosecuted for any matter or"^'-^ epea - 

thing by them to be done by virtue of or in pursuance of the directions of 

this Act, it shall and may be lawful to and for the said commissioners, and 

other persons so sued or prosecuted, to plead the general issue, and to give 

this Act and the special matter in evidence ; any law, usage or custom to 

the contrary notwithstanding. 

V. And he it further enacted by the authority aforesaid. That there 

shall be, from and immediately after the ratification of this Act, for the p"y "^^"^ ^a- 
pubhc use and benefit of all and singular the inhalntants and persons pass- ^t kVUv and 
ing and re-passing in this Province, a ferry fixed and establislied on Saluda .>nill»ous. 
River, at the lands of Samuel Kelly and John Millhous; all persons using 
the said ferry paying the several rates and prices hereinaft(>r mentioned, 
limited and appointed, that is to say: — for every foot passenger, one shilling 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

and tliree pence; for a man and horse, two shillings and six pence; for 
a horse and chair, or horse and cart, five shillings ; for a wagon, with five 
horses, twenty shillings ; neat cattle, per head, ferried or swam, one shil- 
Conditions ''"S ' ^^r calves, sheep or hogs, one shilling per head. All which rates and 
prices shall be paid and received from all persons, the Governor or Com- 
mander-in-chief of this Province for the time being, all ministers of the 
Gospel, and all persons going to and from divine service and musters of the 
militia, and all persons in time of alarm, and all expresses or messengers 
sent on the service of this Government, and free Indians in amity with this. 
Government, their servants, horses and carriages, excepted, at all times. 

VI. And he it further enacted by the authority aforesaid. That the said 
ferry hereby established on Saluda River, at the land of Samuel Kelly, to 
the land of John Millhous, on the opposite shore, shall be, and is hereby, 
vested in the said Samuel Kelly, his executors, administrators and assigns. 
And from the land of the said John Millhous, on the opposite shore, to 
Sam'l. Kelly's land, shall be, and is hereby, vested in the said John Millhous, 
executors, administrators and assigns, for and during the term of seven his 
years. 

VII. And be it further enacted by the authority aforesaid, That the said 
Samuel Kelly and John Millhous, their executors, administrators and as- 
signs, respectively, shall always, during the said term of seven years, keep 
and maintain a good and sufficient ferry boat or boats for the purposes afore- 
said, to attend the said ferry, as well by night as by day, for the transport, 
ing passengers, their horses and carriages. 

VIII. \nd he it further enacted by the authority aforesaid , That if any 
person coming to the said ferry to pass the same, shall meet with any un- 
reasonable delay, or be unnecessarily retarded in passing the said ferry, the 
said Samuel Kelly and John Millhous, their executors, administrators and 
assigns, respectively, shall forfeit and pay, for every such offence, to the 
person so delayed, ten pounds, current money; and in case such delay 
shall exceed one hour, ten pounds, like money, for every hour afterwards ; 
to be recovered before any justice of the peace in the county which the 
said ferry is in, if sued for in ten days after the offence committed. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the 12th day of April, 1768. 

Assented to: C. G. MONTAGU. 




OF SOUTH CAROLINA. 223 

Acts relating to Roads, Bridges and Ferries. 

AN ACT FOR ESTABLISHING A FkRKV AT THE LANDS OF JaMKS JaMES, No 

IN THE Welch Tract, in the parish of Prince Gkorue, opi'osite 
Cedar Creek, in the parish of St. Mark; and also, for estab. 

LISHING and making PUBLIC A RoAD TO LEAD FROM THE NORTH-EAST 
SIDE OF THE SAID FbRRV, DOWN THE COUNTRY, INTO THE PUBLIC RoAD ; 
AND LIKEWISE, A ROAD TO LEAD FROM THE UPPER SIDE OF CeDAR 

Creek, and also a Road to lead from the lower side of the 
SAID Creek, into the public Road leading down the country. 



Freanil)le. 



WHEREAS ,the inhabitants of the Welch Tract, in the parishes of 
Saint Mark and Prince George, by their hlimble petition to the General 
Assembly, have represented many inconveniencies which thev are under 
for want of having a ferry to be established and made |)ublic on great Pee- 
dee river, and proper roads leading thereto, for the conveniency of them- 
selves and others travelling from the northern parts of this Province to 
Charlestown and Georgetown. We therefore humbly pray his most sacred 
Majesty that it may be enacted, and 

I. Be U enacted, b}^ his Excellency the Right Honorable Lord Charles 
Greville Montagu, Captain-General, Governor and Commander-in-chief 
in and over his xMajesty's Province of South Carolina, by and with the f Ju^-j "J*'"^" 
advice and consent of his Majesty ''s Council and the Commons House of As- Peedee, and, 
senibly of the said Province, and by the authority of the same. That im- ^^^^'^'^ '" •'• 
mediately from and after the passing of this Act, a pub'ic ferry be, and is 
hereby, established at the lands of James James, in the Welch Tract, on 
the north-east side of Great Peedee river, in the parish of Prince George, 
opposite to Cedar creek, which is on the south-west side of the said river, 
in the parish of St. Mark, on the lands of the said James James, and to 
land on either side of the said creek ; and that the said ferry shall be, and 
is hereby, vested in the said James James, his heirs, executors, adminis- 
trators and assigns, for and during the term of fourteen years 

H. And he it also enacted by the authority aforesaid, That it shall and 
may be lawful to and for the said James James, his heirs, executors, admin- Condiuona. 
istrators and assigns, to take and receive, for the ferrying over persons, their 
horses, carriages and cattle, at the said ferry, the following rates and 
prices, and no more, that is to say : for every single person, one shilling 
and three pence ; for a man and horse, two shillings and six pence ; for a 
horse and chair, or horse and cart, five shillings ; for a four wheel carriage, 
with five horses, twenty shillings ; for neat cattle, ferried or swam, one 
shilling and three pence ; for calves, sheep or hogs, ferried or swam, seven 
pence half penny, in the current money of this Province. 

\\\. And he it further enacted by the authority aforesaid, That the said 
James James, his heirs, executors, administrators and assigns, shall always, 
during the said term of fourteen years, keep and maintain a good and suffi- 
ficient ferry-boat or boats, for the purposes aforesaid, to attend the said fer- 
ry, as well by night as by day, for the transporting passengers, their horses, 
carriages and cattle. And that if any person coming to the said ferry, to 
pass the same, shall meet with any unreasonable delay, or be unnecessarily 
retarded, in passing the said ferry, the said James James, his heirs, execu- 
tors, administrators and assigns, shall forfeit and pay, to the person so de- 
layed, ten pounds, current money ; and in case such delay shall exceed one 
hour, five pounds, like money, for every hour afterwards ; to be recovered 



224 STATUTES AT LARGE 

A. D. 1763. ^cts relating to Roads, Bridges and Ferries. 

before any justice of the peace ia Craven county, if sued for in ten days 
after the offence committed. • 

IV. Afid be it enacted by the authority aforesaid, '^hal the Governor 
or Commander-in-chfef of this Province for the time being, afl ministers of 
the gospel, and^ persons going to and from divine service and musters 
of militia, and an person^in time of alarm, and all expresses or messengers 
sent on the service of (^hi3?^overnment,"ai)d free Indians in amity with this 
government, be, and Ihey are hereby, exempted from paying any ferriage 
for passing and re-passing the same, by themselves, their servants, horses 
and'carriages ; any thing hereinbefore contained to the contrary thereof 
in any wise notwithstanding. 

V. And be it -fartlier enacted by the authority foresaid, That Abel 
Roads from Wildes, David Evans, Janies James, Alexander Mackintosh, John Kim- 

brough, Thomas Evans, George Hicks, Thomas James, and John Mackin- 
tosh, sliail be, ..and are hereby nominated and appointed, commissioners for 
laying out, making and keeping in repair, and they are liereby authorized, 
empowered and required, to lay out, make and keep in repair, a road from 
the north-east side of the above mentioned ferry, to lead down the country 
into the public road ; and likewise a road to lead from the upper side of 
the above mentioned creek ; and also, a road to lead from the lower side of 
the above mentioned creek, into the public road which leads down the coun- 
try. 

VI. And be it further enacted by the authority aforesaid, That all the 
on^hem ^ male inhabitants from the age of sixteen to sixty years of age, within 

ten miles on each side of the said ferry, shall be, and they are hereby, 
obliged to make the said roads, and to keep the same in repair. And in 
case any of the inhabitants obliged b5^ this Act to work on the said roads 
shall neglect or refuse to do the same, they, and every of them, shall be 
liable to the same tines and forfeitures as any persons by Act of the General 
Assembly for making roads are. 

V^I. And be it further enacted by the authority aforesaid. That the com- 
missioners hereinbefore named, or the majority of them, shall have, use and 
exercise, all the powers and authorities, for putting the latter part of this 
Act in execution, which are given to any other commissioners of high- 
roads, and be subject to the same penalties indicted on any commissioners 
of high-roads, by any Act of the General Assembly of this Province. 
VIII. And be it further enacted by the authority aforesaid, That in case 
General issue t]^g ^^[^ commissioners, or any of them, or any other person or persons act- 
may be plead- . i i • i • , i". , , -, ^ i ■ 
Bd. mg under their authority, shall be sued or prosecuted for any matter or thing 

by them to be done by virtue of or in pursuance of the direction of this 
Act, it shall and may be lawful to and for the said commissioners and other 
persons, so sued or prosecuted, to plead the general issue, and to give this 
Act and the special matter in evidence ; any law, usage or custom, to the 
contrary notwithstanding. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the \1th day of April, 1768. 

Assented to: C. G. MONTAGU. 



Powers of com 
missioneis. 



OF SOUTH CAROLINA. 225 

Acts relating to Roads, 'Bridges and Ferries. A. I). 1708. 

AN ACT FOR ALTERING A PRIVATK* PaTH OR RoAD FORMERLY LAID No. 975. 
OUT BY THE BOARD OF COMMISSIONERS IN THE PARISH OF St. Th'oMAS 
AND St. OeNNIS, through the plantation of THE ReV. ALEXANDER 

Garden to the plantation of Thomas Aiken ;l and for estab- 
lishing ONE OTHER PRIVATE PaTII OR RoA» TO THE PLANTATION OF 
THE SAID i HOMAS AIKEN ; AND FOR VESTING THE LANDS AND EFFECTS 
LATELY BELONGING TO THE FrENCH ChURCH, IN »rHE SAJD PARISH, 

IN THE Church- Wardens and Vestrv of the said Parish. * 

WHEREAS, tl)w*Reverencl Alexander Garden, by liiis petition to the 
General Asfe'embly, setting forth the grievances which he sustains by a pri- „ ., 
vate path or road which was l:iid out by the commissioners of the high- 
roads for the parish of Saint Thomas and St. Dennis, in April, one thou- 
sand seven hundred and forty-two, from a plantation commonly called the 
Blue House, through the plantation of the said Alexander Garden, and 
prayed that he might be relieved from the said grievance, in the manner 
hereinbefore mentioned ; and it being just and reasonable that the prayer 
of the said petition should be granted : we therefore most humbly pray 
his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by his Excellency the Right Honourable Lord Charles 
Greville Montagu, Captain. General, Governor and Commander-in-chief, in Qarden'Thlan- 
and over his Majest3''s Province of South Carolina, by and with the advice tation discon- 
and consent of his Majesty's Council and the Commons House of As- """^^'' ^"'^ 
sembly of the said Province, and by the authority of the same. That from blished. 
and immediately after tlie passing of'this Act, the said private path or road 
shall be discontinued and no longer used as such ; and that instead thereof, 
the private path or road which leads from the plantation of Thomas Aikin, 
through the north-east part of the plantation of the said Alexander Garden, 
over Guerin's Bridge, to the high-road" near the corner of Mr. Johnson ''s 
fence, shall be a private path or road, for the use and benefit of the said 
Thomas Aikin, his heirs and assigns, forever. 

n. And whereas, by the decease of the Rev. Mr. John James Tisscott, 
late minister to the French congregation at Orange Quarters, in the parish 
of St. Thomas and St. Dennis, and by the deatli of the greatest part of 
the parishioners who understood the French language, and also, by the es- 
tablishing a Chapel of Ease at Pumkeon Hill, in the said parish, the per- 
forming of divine service in the French tongue is now unnecessary and 
disu.sed, the French congregation being incorporated with the rest of the 
parish, and the French Church becoming useless for a place of worship. — 
And whereas, there are no church wardens or vestry of the said French 
congregation, or any other person authorized by law to take charge of 
the records and effects belonging to the said church. Be it therefore en- 
acted by the authority aforesaid. That from and immediately after the pass- ^^^^^* °[ '''^, 
ing of this Act, it shall and may be lawful for the church wardens and jispo*seci of. 
vestry of the said parish of Saint Thomas and Saint Dennis, or their 
successors for the time being, or the majority of them, to sell and dispose 
of the lands belonging to the said French Church or congregation, and the 
buildings thereon, to any person or persons whatsoever, at the best price 
that may be had for the same ; and to execute good and sufficient convey- 
ances thereof to the said purchaser or purchasers in fee simple ; and also, 
that it shall and may be lawful for the said church wardens or vestry, or 
VOL.' IX— 29. 



226 STATUTES AT LARGE 

A. D. 17G8. Jif.ig relating to Roads, Bridges and Ferries. 



* 



their successors, for the time being, or the majority of them, to take inio' 
their charge and possession, all and singular the records, bonds, monies and 
effects, appertaining to the said French church or congregation ; and the 
monies arising from the sale of the said lands and buildings, as well as ttie 
bonds, monies and effects, belonging to the said French church or congrd- 
gation, is hereby vested in the said church wardens and vestry, or their 
successors, for the time being, to and for the only use, benefit ana advan- 
tage of the poor of the said parish of Saint Thomas and Saint DenniSy 
and to and for no other use or purpose whatsoever. 

III. And be it further enacted by the authority aforesaid, That it shalJ 
and may be lawful for the said church wardens and vestry, or their succes- 
sors, for the time being, or tiie majority of them, to demand, sue for, reco- 
ver and receive, of and from ail and every person or persons jvhomsoever, 
all such sum or sums of money which now are, or shall or may be, due to 
the said French church or congregation, either by borfd, note or otherwise, 
and good and sufficient ac(|uittals and discharges to execute to such per- 
son or persons who shall or may be so indebted to the said French church 
or congregation. 

P. MANIGAULT, Speaker, 

In the Council Chmnber, the 12lh day hf Aprd, 1768. 

Assented to : C. G. MONTAGU. 



No. 983. AN ACT pok ESTABLisHii*fG A Ferry at tiik Two Sisters's BhVFFf 
ON Savanna River; and for laying out, making and keeping iiv 
REPAIR, A Public Road from the said bluff to the Main Road 

LEADING from CoOSAWHATCHIE TO PuRYSBtRGH. 

WHEREAS, many of the freeholders and inhabitants of the parish of 
Preamble. Saint Peter, and parts adjacent in Granville county, by their petition to 
the General Assembly, set forth that the establishing a ferry from this Pro^ 
vince to Georgia, over Savanna River, at the Two Sisters's Bluft', will be 
very convenient to persons having occasion to pass from one to the other 
of those Provinces ; and that it will be, also, of advantage to the said pe- 
titioners, their neighbors and persons passing the said ferry, to have a pub- 
lic road laid out from the said Two Sisters's Bluff, to the lower part of Cy.^ 
press Creek ; thence the best and nearest way across the Savanna, to Tur- 
key Hill ; from thence, the nearest and best way to the fifteen mile post, 
on the main road leading from Coosawhatchie to Purysburgh ; and there- 
fore prayed that an Act may be passed for establishing the said ferry and 
road. We therefore humbly pra}' his most sacred Majesty that it may be 
enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, l^icutenant- 
Governor and Commander-in-chief in and over his Majesty's Province of 
South Carolin, by and with the advice and consent of his Majesty's 



OF SOUTH CAROLINA. 227 

Acts relating to Roads, Bridges and Ferries. A. D. I7f;'.>. 



Council, and the Commons House of Assembly of the said Province, That 

from and immodiately after the passing of this Act, a puhhc ferry shall he, j^jgY/^g'Jjj \iU\\y. 

a«d is hereby, established at the Two Sisters's Bluff, on Savanna River ; 

«.nd that the said ferry shall be, and it is hereby, vested in William Wil- 

liamson, Esquire, his executors, administrators and assigns, for and during 

the terhi of fourteen years. 

n. And he it also enacted by the authority aforesaid, That it shall and 

may be lawful for the said William Williamson, his executors, administra- ,, ... 

, • .■■,-,,-• ^1 • Conditions, 

tors and assigns, to take and receive, tor the ferrying over persons, their 

horses, cattle and carriages, at the said ferry, the following rates of ferri- 
age, and no other, that is to say : — for every rtian and horse, two shillings 
and six pence, each ; for a cart or chaise and horse, seven shillings and six 
pence ; for f wagon, ten shillings; for every head of black cattle or horses, 
swam, one siiiliing and three pence ; for every head of hogs or sheep, fer- 
ried, one shilling and three pence, in the current money of this Province. 
in. And he. it also enacted by the authority aforesaid, That the said 
William Williamson, his executors, administrators and assigns, shall al- 
ways, during the said term of fourteen years, keep and maintain a good 
and sufficient ferry boat to attend the .said ferry, as well by night as day, 
for the transporting passengers, their horses, carriages and cattle ; and if 
any person coming to the said ferry to pass the same, shall meet with any 
unreasonable delay, or be unnecessarily retarded in passing the .said ferry, 
the said William Williamson, his executors, administrators and assigns, 
shall forfeit and pay, to the party so delayed, ten pounds, current mo- 
ney, and in case such delay shall exceed one hour, five pounds, like mo- 
ney, for every hour afterwards-; to" be recovered before any justice of 
the peace in Granville county, if sued for in ten days after the offence 
committed. 

IV. And he it also enacted by th(i authority aforesaid, That the Go- 
vernor and Commander-in-chief of this Province for the time being, all 
persons in time of alarm, and all expresses or messengers sent on the 
service of this Government, and free Indians in amity with this Go- 
vernment, be, and they are hereby, exempted from paying any ferriage 
for passing and re-passing the same, by themselves, their servants, hor- 
ses and carriages ; any thing before herein contained to the contrary 
thereof in any wise notwithstanding. 

V. And he it further enacted by tlie autliority aforesaid, That no 
person or persons shall keep a ferry within six miles of the said ferry, 
during the said term of fourteen years, unless the Legislature of this 
Province shall think lit to establish another ferry within the said six 
miles. 

VI. And he it further enacted by the authority aforesaid, That John 
Chisholme, Joachim Ilardstone, Paul Porcher, Drury Dunn, and Josiah itog,] from saiJ 
Dupont, be, and they are hereby appointed, commissioners for laying 'L>rry to Pmys- 
out, making and keeping in repair, and they are authorized, empower- "''='' 

ed and required, to lay out, make and keep in repair, a public road 
from the said ferry, across the Savanna, to Turkey Hill ; from thence 
the best and nearest way to the fifteen mile post on the main road lead- 
ing from Coosawhatchie to Purysburgh. 

VII. And he it further enacted by the authority aforesaid. That all the 
male inhabitants, from sixteen to sixty years of age, within two miles 
to the southward of the road hereby established, and to the north-east- 
ward and westward thereof, as far as the parish of Saint Peter extends, 



•228 STATUTES AT LARGE 

A. I). 1769. Acts relating to Roads, Bridges and Feiries. 

shall be, and they are hereby, obliged to make the said road, and to 
keep the same in repair ; and in case any of the inhabitants obliged by this 
Act to work on the said road, shall neglect or refuse to do the same, they, 
and every of them, shall be liable to the same fines and forfeitures as any 
persons by Act of the General Assembly for making roads are. 

VIII. And be it further enacted by the authority aforesaid. That the 
commissioners hereinbefore named, or the majority of them, shall have, 
use and exercise, all the powers and authorities for putting the latter part of 
this Act in execution, which are given to any other commissioners of high 
roads by any Act of the General Assembly of this Province. 

IX. And be it further enacted, by the authority aforesaid. That in case 
the said commissioners, or any of them, or any other person or persons 
acting under their authority, shall be sued or prosecuted for any matter or 
thing by them to be done by virtue of or in pursuance of the directions of 
this Act, it shall and may be lawful to and for the said commissioners 
and other persons so sued or prosecuted, to plead the general issue, and 
to give this Act and the special matter in evidence ; any law, usage or 
custom to the contrary notwithstanding. 

P. MANIGAULT, Speaker . 

In the Council Chamber, the 23d day of August, 1769. 

Assented to: WM. BULL. 



No. 986. AN ORDINANCE, appointing Commissioners for repairing the 
Bridges over Wappoo Creek, in the Parish of Saint Andrew, 

AND CoOSAWHATCHIE CrEEK, LYING BETWEEN THE PaRISHES OF 

Prince William and Saint Luke. 

WHEREAS, by an Act passed the eleventh day of May, one thousand 
Preamble, seven hundred and fifty-four, eniitled " An Act appointing commissioners 
for repairing, and keeping in repair, the bridge over Combahee river, from 
the causey to the town of Radnor ; and commissioners for rebuilding and 
keeping in repair the bridge over Wappoo creek, in the parish of Saint 
Andrew, and declaring the said bridge, and Hooper's bridge, in the said 
parish of Saint Andrew, to be parish bridges, and appointing commis- 
sioners for the said bridges/' it was therein enacted that Daniel Pepper, 
Esquire, Captain Robert Rivers, and James Screven, should be commis- 
sioners for rebuilding and keeping in repair the said bridge over Wappoo 
creek, in the parish of Saint Andrew. And whereas, by the death of one 
of the said commissioners, and the removal of another, the said bridge is 
now become in a ruinous condition, and impassable to travellers, for want 
of other commissioners to put the said Act in force ; for remedy thereof, 

I. Be it ordained, by the Honorable William Bull, Esquire, Lieutenant 
Governor and Commander-in-chief, in and over his Majesty's Province of 



OF SOUTH CAROLINA 229 

Acts relating to Roads, Bridges arid Ferries. A. I). 1709. 

Soutli Caioliim, by and with tlic ailvice and consent of his Majesty's 
Honorable Council, and the Commons House of Assembly of said I'lovince, f;;^,,,^'^^ f^^ 
and by the authority of the same, That Francis Rose, Thomas Elliott, repairing VVap- 
George Russell, John Dill, and Thomas Screven, or any three of them, ''"" '^"'^S*' 
shall be, and are hereby ai)pointed, commissioners for repairing, and keej). 
ing in re[)air, the said bridge over Wappoo creek, in the said parish of 
Saint Andrew ; and they, the said commissioners, or a majority of them, 
are hereby impowcred and authorized, obliged, enjoined and required, 
within three months from the time of passing this Ordinance, to repair the 
said bridge over Wappoo creek, at the expense of the inhabitants of the 
said parish of Saint Andrew, by a tax or assessment ui)on all the males, 
from the age of sixteen to sixty years, within the said parish ; any thing 
contained in any other Act of the General Assembly of this Province, or 
any law, usage, or custom, to the contrary thereof in any wise notwith- 
standing. 

II. And whereas, two of the commissioners appointed by an Act passed 

the thirty-first day of May, one thousand seven hundred and fifty, for Coo^awhatchie 
building and keeping in repair a bridge over Coosawhatchie creek, are '^"''s^- 
dead, and the said bridge is now in great want of repairs, but no assess- 
ment can be made for that purpose by the surviving commissioner. Be it 
therefore ordained by the authority aforesaid, That John Drayton, Jr. John 
Heyward, William Hazard, and David Toomer, shall be, and are hereby 
appointed, commissioners, together with the said surviving commissioner, 
for repairing the said bridge, and making an assessment for paying the 
expense thereof, agreeable to the directions of the last mentioned Act. 

III. And be it further ordained hy the authority aforesaid. That the 
commissioners, respectively, by this Ordinance appointed, and the surviving Powers of 
commissioners hereinbefore mentioned, shall have as full and ample power *^ °""" '^■''' 
and authority, to all intents and purposes whatsoever, for carrying the 
several matters hereinbefore directed into execution, and for assessing, 
levying and collecting the expenses that may attend the same, and shall 

be liable to the same fines and penalties, as any other commissioners for 
bridges or high-roads have or are invested with, by any Act or Acts of 
the General Assembly of this Province. 

IV. Andhe it further ordained by the authority aforesaid. That in case 

any of the said commissioners shall happen to die, refuse to act, or depart Vacancies. 
this Province, it shall and may be lawful to and for the remaining commis- 
sioners, or a majority of them, from time to time, to choose and appoint 
another person or persons to be commissioner or commissioners, in the 
room of him or them so dying or departing this Province. And the person 
and persons so chosen and appointed, shall have the same powers and 
authorities for carrying this Ordinance and the said Act into execution, and 
shall be subject and liable to the same penalties, as other commissioners of 
bridges and high-roads are by any Acts of Assembly of this Province. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the 23(^ day of August, 1769. 

Kssentedto: WILLIAM BULL. 




STATUTES AT LARGE 

Acts relating to Roads^ Bridges and Ferries. 



No. 992. AN ACT for establishing a Ferry over Saluda river, at the 
LANDS OF Robert Cunningham ; and also another Ferry over 
Savannah river, opposite to Augusta, in Georgia ; and appoint- 
ING Commissioners to lay out, make and keep in repair, seve- 
ral Roads leading thereto. 



Preamble. 



Ferry over 
Saluda. 



WHEREAS, the inhabitants living in the fork of Broad and Saluda 
rivers, Ninety-six, Stevens's creek, Long Canes, and parts adjacent, by 
their humble petition to the General Assembly, have represented many 
inconveniencies which they labour under, for the want of a public ferry 
over Saluda river, at the lands of Robert Cunningham, and also another 
public ferry over Savannah river, opposite to Aug^usta, in Georgia, and 
proper roads established and made public, to lead thereto ; and therefore 
prayed, that an Act may be passed for establishing the said ferries and 
roads. We therefore humbly pray his most sacred Majesty that it may be 
enacted, and 

T. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant 
Governor and Commander-in-chief in and over his Majesty's Province of 
South Carolina, by and with the advice and consent of his Majesty's 
Council, and the Commons House of Assembly of the said Province, and 
by the authority of the same, That from and immediately after the pass- 
ing of this Act, a public ferry shall be, and it is hereby, established at the 
lands of Robert Cunningham, known by the name of the Indian Island 
Ford, on Saluda river, to land on the opposite side of the said river ; and 
that the said ferry shall be, and it is hereby, vested in the said Robert 
Cunningham. Cunningham, his executors, administrators and assigns, for and during 
the term of seven years. 

II. Arid be it also enacted by the authority aforesaid. That it shall and 
may be lawful for the said Robert Cunningham, his executors, administra- 
tors and assigns, to take and receive, for the ferrying over persons, their 
carriages, servants, horses and cattle, at the said ferry, the following rates 
of ferriage, and no other, (that is to say :) For a foot passenger, one 
shilling and three pence ; for a man and horse, two shillings and six pence ; 
for a chair and horse or cart and horse, seven shillings and six pence ; for 
a wagon, or any other four wheeled carnage and five horses, twenty-five 
shillings ; for every head of black cattle or horses, ferried or swam over 
the said ferry, one shilhng and three pence ; and for every head of sheep 
or hogs, ferried over, one shilling, in the current money of this Province. 

III. knd be it also enacted by the authority aforesaid. That the said 
Robert Cunningham, his executors, administrators and assigns, shall 
always, during the said term of seven years, keep and maintain a good 
and substantial ferry boat, with two able bodied men to attend the said 
ferry, as well by night as by day, for the transporting passengers, their 
servants, carriages, horses and cattle ; and if any person coming to the 
said ferry to pass the same, shall meet with any unreasonable delay, or be 
unnecessarily retarded in passing the said ferry, the said Robert Cunning- 
ham, his executors, administrators and assigns, shall forfeit and pay to the 
person so delayed, ten pounds, current money, and in case such delay shall 
exceed one hour, five pounds, like money, for every hour afterwards, to be 
recovered before any justice of the peace in Craven county, if sued for in 
ten days after the offence is committed. 

IV. knd he it further enacted by the authority aforesaid, That f'oin 



Vested in R. 



Conditions. 



OF SOUTH CAROLIxNA. - 231 

Acta relating to Roads, Bridges and Ferries. A. I). 1770. 

riml immcdicitcly after tlie passing of this Act, a public ferry sliall be, 'inJ ^ 

is hereby, established at the place opposite to the ferry at Augusta, '" nul'i at Au"m8. 

Georgia, on part of the lands reserved for the Chickcsaw Indians, to land ta. 

on the opposite shore of the said river, in the Province of Georgia ; and 

that the said ferry shall be, and it is hereby, vested in Thomas Adam, his 

executors, administrators and assigns, for and during the terni of seven 

years. 

V. And he it also enacted by the authority aforesaid. That it shall and 

may be lawful for the said Thomas Adam, his executors, administrators Conditions. 
and assigns, to take and receive, for the ferrying over persons, their ser- 
vants, carriages, horses and cattle, at the said ferry, the following ratrs and 
prices, and no other, (that is to say :) For a foot passenger, one shilling 
and three pence ; for a man and horse, two shillings and six pence ; for a 
chair and horse, or can't and horse, seven shillings and six pence ; for a 
wagon, or any other four wheeled carriage and tive horses, twenty-five 
shillings; for every head of black cattle or horses, ferried or swam, one 
shilling and three pence ; and for every head of sheep or hogs, ferried 
over, one shilling, in the current money of this Province. 

VI. And be it also enacted by the authority aforesaid. That the said 
Thomas Adam, his executors, administrators and assigns, shall always, 
during the said term of seven years, keep and maintain a good and sub- 
stantial ferry boat, with two able bodied men, to attend the said ferry, as 
well by night as by day, for the transporting passengers, their servants, 
carriages, horses and cattle ; and if any person coming to the said ferry , 
to pass the same, shall meet with any unreasonable delay, or be unneces- 
sarily retarded in passing the said ferry, the said Thomas Adam, his 
executors, administrators and assigns, shall forfeit and pay to the person so 

delayed, ten pounds, current money, and in case such delay shall exceed 
one hour, five pounds, like money, for every hour afterwards, to be recover- 
ed before any justice of the peace in Granville county, if sued for in ten 
days after the offence is committed. 

VII. And he it further enacted by the authority aforesaid. That no per- 
son or persons shall keep a ferry within four miles of the ferry hereby 
established on Saluda river, and also the ferry hereby established on 
Savannah river, during the said term that the said ferries are vested in the 
aforesaid Robert Cunningham and Thomas Adam, their respective execu- 
tors, administrators and assigns, unless the Legislature of this Province 
shall think fit to establish other ferries within the said four miles. 

VIII. And he it also enacted by the authority aforesaid. That the 
Governor or Commander-in-chief of this Province for the time being, all 
ministers of the gospel, all persons going to or returning from musters of 
the militia, and all persons in time of alarm, all expresses sent in the ser- 
vice of this government, be, and the same are hereby, exempted from 
paying any ferriage at the said ferries hereby established, for passing and 
re-passing the same, by themselves, their servants, carriages and horses ; 
any thing herein contained to the contrary thereof in any wise notwith- 
standing. 

IX. And be it further enacted, by the authority aforesaid, That Andrew 

Rogers, George Anderson, Samuel Ramsey, Allen Addison and George lload from said 
Bender, be, and they are hereby appointed, commissioners for laying out, '*^"'*^^" 
making and keeping in repair, and they are hereby authorized, empowered 
and required to, lay out, make and keep in repair, a public road to lead 
from the ferry hereby established on Savannah river, to the ferry hereby 



232 



STATUTES AT LARGE 



A.I). 1770. 



Acts rdatins: to Roads, Bruises and Ferries. 



Who to work 
on said roads. 



Vacancies. 



Powers of 
Comm'rs. 



(Jeneral issue 
may be plead- 
ed. 



established on Saluda river. That Robert Cunningham, Thomas Dah-ym- 
pie, Wilham Leargen, Charles Pitts and Wiiham Geary, be, and they are 
hereby appointed, comniis-sioners to lay out, make, and keep in repair, a 
pubHc road to lead from the north side of the ferry hereby established on 
Saluda river, the nearest and best way to Hendrick's mill, on Inoree river. 
And that William WatTord, John Caldwell, William Hendricks, Thomas 
Gordon and Jacob Pennington, be, and they are hereby appointed, com- 
missioners for laying out, making, and keeping in repair, a public road to 
be continued from Hendricks's mill, on Inoree river, the nearest and best 
way to Fish Dam Ford, on Broad river. 

X. kndhe it also enacted by the authority aforesaid, That all the male 
inhabitants, from the age of sixteen to sixty years of age, living within 
four miles on each side of the roads hereby established, shall be, and they 
are hereby, obliged to make the said roads, and to keep the same in repair. 
And in case any of the inhabitants obliged by this Act to work on the 
said roads, shall neglect or refuse to do the .same, they, and every of them, 
shall be liable to the same fines and forfeitures as any persons by Act of 
the General Assembly of this Province for making roads are. 

XI. And be it also enacted by the authority aforesaid. That in case any 
of the commissioners by this Act named, shall happen to die, depart the 
Province, or refuse to act, then it shall and may be lawful for the other 
commissioners, or a majority of them, respectively, to nominate and ap- 
point another person or persons to be commissioner or commissioners, in 
the room of him or them so dying, departing the Province, or refusing to 
act ; and the person and persons so chosen, shall be invested with and 
have the same powers and authorities as the other commissioners hereby 
nominated and appointed. 

XH. And be it also enacted by the authority aforesaid, That the com- 
missioners herein named, and others to be appointed by them, respectively, 
or a majority of them, shall have, use and exercise, all the powers and 
authorities for putting the latter part of this Act into execution, which are 
given to any other commissioners of high-roads, and be subject and liable 
to the same penalties as are inflicted on any commissioners of high-roads, 
by any Act of the General Assembly of this Province. 

" XHI. Atid be it also enacted by the authority aforesaid, That in case any 
of the said commissioners, or any other person or persons acting under 
their authority, shall be sued or prosecuted for any matter or thing by 
them to be done by virtue of or in pursuance of the directions of this 
Act, it shall and may be lawful to and for the said commissioners, and the 
persons so sued or pro.secuted, to plead the general issue, and to give this 
Act and the special matter in evidence ; any law, usage or custom to the 
contrary notwithstanding. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the 1th day of April, 1770. 

Assented to: WM. BULL. 



OF SOUTH CAROLINA. 233 

Af^* relating to Roads, Bridges and Ferries. A.D.I 7/0. 

AN ACT FOU ESTABLISHING A RoAD FROM OrANGKBURGH BrIDGE TO No. 995. 

Indian Head ; a Roao from the Indian Head to the Road 
which leads from the ridgk to augusta ; another road from 
the Ridge Road to Long Cane Creek ; another Road from 
Long Cane Creek to Great Rockey Creek ; and another Road 
PROM Great Rockey to Mountain Crkek, near Cuffee Town ; 
and for declaring the Road from Robert Goudy's, at Ninety- 
six, to the Ridge, and from thence to the Road to lead 
from th,e Indian Head to Long Cane, a Public Road. 

WHEREAS, several of the inhabitants Hving in the interior, and on the 
frontier parts of this Province, by tiieir humble petition to the General Preamble. 
Assembly, have set forth, that the petitioners labour under great disadvan- 
tage for the want of proper roads to be established and made public for the 
conveniency of conveying the produce of their lands to the market of 
Charlestown, and praying that a law may be passed to remedy the same. 
We therefore humbly pray his most sacred Majesty that it may be enacted, 
and 

I. Be it enacted^ by the Honorable William Bull, Esquire, Lieutenant 
Governor and Commander-in-chief in and over his Majesty''s Province of Roads from 
South Carolina, by and with the advice and consent of his Majesty's Oiiangeburgh 
Council, and the Commons House of Assembly of the said Province, and Cherokee Hne 
by the authority of the same, That John Jennings, Philip Jennings, 
Johannes Wolf, John Pou and Henry Young, be, and they are hereby 
appointed, commissioners for laying' out, making, and keeping in repair, 
and they are hereby authorized, impowered and required to lay out, make 
and keep in repair, a public road to lead from the north side of Orange- 
burgh bridge, up the country, to a place called the Indian Head. That 
Maurice Calleham, Aaron Sinquciield and Jesse Lott, be, and they are 
hereby appointed, commissioners for laying out, making and keeping in 
repair, and they are hereby authorized, empowered and required to lay 
out, make and keep in repair, a public road to be continued from the Indi- 
an Head aforesaid, till it falls in or intersects a road which leads from a 
place called the Ridge to Augusta. That James Williams, Jeffery Wil- 
liams, Samuel Anderson, Dr. Nicholas Frederick Mayer and Robert Bryan, 
be, and they are hereby appointed, commissioners for laying out, making 
and keeping in repair, and they are hereby authorized, empowered and 
required to lay out, make and keep in repair, a public road to be run from 
the before mentioned road which leads from the Ridge to Augusta, to the 
Long Cane Creek. That William Calhoun, John Anderson, Elisha Lau- 
rence, John iMcKinley, William Harris, John Pickens, Jr. and Samuel 
Kerr, be, and they are hereby appointed, commissioners for laying out, 
making and keeping in repair, and they are hereby authoiized, empowered 
and required to lay out, make and keep in repair, a public road to lead 
from the Long Cane Creek to Great Rockey Creek, near the Cherokee 
Indian line. That Andrew Williamson, Mathew Edwards, Andrew Pick- 
ens, Robert Miller, Aaron Smith, George Reid and Andrew Neale, be, and 
they are hereby appointed, commissioners for laying out, making and 
keeping in repair, and they are hereby authorized, empowered and required 
to lay out, make and keep in repair, a public road to lead from the last 
mentioned road, to or near a place called Mountain Creek, near CutTee 
VOL. IX— 30. 



284 STATUTES AT LARGE 

A, D. 1770. ^cU relating to Roads, Bridges and Ferries. 

Town, to the plantation of Andrew Williamson, at Hard Labour, and 

from the said plantation of Andrew Williamson, to be continued from 

thence to the plantation of Robert Miller, near the Cherokee Indian line. 

IL \nd he it further enacted hy the authority aforesaid. That a road 

Road from which now leads from the plantation of Robert Goudy, at Ninety -six, to 

Goudy's de- the place called the Ridge, and from thence to the road which is hereby 

Glared public established to lead from the Indian Head to Long Cane Creek, be, and the 

same is hereby declared to be, a public road ; and that Robert Goudy, 

John Savage, John Dooley, Benjamin Tutt and Colbert Anderson, be, and 

they are hereby appointed, commissioners for keeping the said road in 

repair. 

III. knd he it further enacted by the authority aforesaid. That all 
Who to work ^^e male inhabitants, from the age of sixteen to sixty years, living in the 
on said roads, north and south forks of Edisto, and also all other persons living within 

ten miles of each side of the first mentioned road, leading from the north 
side of Orangeburgh bridge to the place called the Indian Head, shall be, 
and they are hereby, obliged to make the said road, and to keep the same 
in repair. And that all the male inhabitants, from the age of sixteen to 
sixty years, living within ten miles on each side of the other roads hereby 
directed to be laid out and made public, shall be, and they are hereby, 
obliged to make the said respective roads, and to keep the same in repair. 
And in case any of the inhabitants obliged by this Act to work on the said 
roads, shall neglect or refuse to do the same, they, and every of them, 
shall be liable to the same fines and forfeitures as any persons by any Act 
of the General Assembly for making roads are. 

IV. A7id be it further enacted, by the authority aforesaid. That in case 
Powers of^ any of the commissioners by this Act named, or any of the commissioners 

by this Act appointed to be chosen, shall happen to die, depart the Pro- 
vince, or refuse to act, then it shall and may be lawful for the other com- 
missioners, or a majority of them, respectively, to choose another person 
or persons to be commissioner or commissioners, in the room of him or 
them so dying, departing the Province, or refusing to act. And the per- 
son or persons so chosen, shall be invested with and have the same powers 
and authorities as the other commissioners hereby nominated and 
appointed. 

V. And he it further enacted by the authority aforesaid, That the com- 
missioners herein named, and others to be appointed by them, respectively, 
or a majority of them, shall have, use and exercise all the powers and 
authorities, for putting this Act into execution, which are given to any 
commissioners of high-roads, and be subject to the same penalties as are 
inflicted on any commissioners of high-roads, by any Act of the General 
Assembly of this Province. 

VI. And he it further enacted by the authority aforesaid, That in case 
any of the said commissioners, or any other person or persons acting 
under their authority, shall be sued or prosecuted for any matter or thing 
by them to he done by virtue of or in pursuance of the directions of this 
Act, it shall and may be lawful to and for the said commissioners, and 
other persons so sued or prosecuted, to plead the general issue, and to give 
this Act and the special matter in evidence ; any law, usage or custom, 
to the contrary notwithstanding. 

P. MANIGAULT, Speaker. 

In the Council Chamher, the 1th day of April, 1770. 

Assented to: WM. BULL. 



Comm'rs. &c. 



OF SOUTH CAROLINA. 235 

Acts relating to Roads, Bridges and Ferries. A. I). 1770. 

AN ACT FOR VESTING A FkKRY, FROM ChARLESTOWX TO HoHCAW AND No. 998. 

Scott's Ferries, in Andrew Hibben, for the term therein 
mentioned. 

WHEREAS, persons having occasion to cross Cooper river from 
Charlestown to Lamprierc's and Scott's ferries, are often greatly delayed, Pieamble. 
by reason that the proprietors of the said ferries do not keep boats in the 
said town. And Mr. Andrtjw Hibheii hath represented to the General 
Assembly, that he is willing to remedy the said inconvenience, by keeping 
proper boats ready at the shortest notice, to transport persons, their horses 
and carriages, from Charlestown to the said places, and therefore prayed 
that a law may be passed for vesting a ferry in him for that purpose. And 
whereas, neither of the owners of Scott's and Lampriere's ferries are 
willing to keep boats in Charlestown for the purpose aforesaid. We there- 
fore pray his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant- 
Governor and Commander-in-chief, by and with the advice and consent Ferry from 
of his Majesty's Council, and the Commons House of Assembly of the g^^j'Jf ^°^;^° 
said Province, and by the authority of the same. That a ferry shall be, and Hobcaw. 
and is hereby, established for the transporting of passengers, their horses 
and carriages, from Charlestown to Scott's ferry, in the parish of Saint 
Thomas and Saint Dennis, and to a bank or ridge of Oyster shells, lying 
to the southward of the house, commonly called the Point House, of Clem- 
ent Lampriere, at Hobcaw, in the parish of Christ Church ; and that the 
right, title, interest, profits and advantage of the said ferry shall be, and Hibben. 
are hereby, vested in the said Andrew Hibben, his executors, administra- 
tors and assigns, for the term of fourteen years from the passing of this 
Act. 

n. And he it further enacted by the authority aforesaid. That it shall 
and may be lawful for the said Andrew Hibben, his executors, administra- Conditions, 
tors and assigns, to demand, have, sue for, recover and receive, to his and 
their own proper use, the same rates and ferriage as are respectively 
allowed for ferriage from Lampriere 's ferry to Charlestown, and from 
Scott's ferry to Charlestown, by an Act of A.ssembly, passed the ninth day 
of August, one thousand seven hundred and sixty. five. 

HL And be it further enacted, by the authority aforesaid, That the said 
Andrew Hibben, his executors, administrators and assigns, shall be, and 
they are hereby, obliged and required, constantly to provide and keep in 
good repair, a sufficient landing place, ferry boat or boats, and proper per- 
sons to manage the same, for carrying and transporting from Charlestown 
to the places aforesaid, passengers, their servants, horses and carriages. 
And in case any person who hath occasion to pass the said ferry, shall 
meet with any unreasonable delay, the said Andrew Hibben, his executors, 
administrators or assigns, shall forfeit and pay to the party grieved, the 
sum of five pounds, for the first, and ten pounds for every other hour that 
such person shall be so delayed, to be recovered before a justice of peace, 
according to the powers given to them by the Act for trying small and 
mean causes. ' 

IV. k.nd he it further enacted by the authority aforesaid, That the com- 
missioners of the high-roads in Christ Church parish, shall forthwith (at ^^^'^'^ 'l'^''«='o- 
the labour and expense of such of the parishioners who are liable to make 
and repair the high-road leading to the house of Clement Lampriere,) cause 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

the said road to be continued and made to and upon the said ridge or 
bank of Oyster shells, which shall be a public road, and kept in repair as 
such. 

P. MANIGAULT, Speaker. 

In fhe Council Chamber, the 1th day of April, 1770. 

Assenli'd to: WM. BULL. 



No. 1000. AN ACT for repealing an Act entitled "An Act for afpoint- 
ING Commissioners to build a Bridge over the Pond in the 
Foitr Hole Swamp, commonly called Gibbes's Pond, and to lay 
OUT and make and keep in repair, a Road to and from the 
said Bridge, as convenient as may be, into the Orangeburgh 
old Road, from the head of the said path leading from Dor- 
chester TO Izard's Cowpen." And for authorizing and empow- 
BRING the Board of Commissioners of the Roads for the Parish 
of Saint George Dorchester, to lay out and make and keep 
in repair, the Road mentioned in the said Act. 



Preamble. 



Act No. 815 
repealed. 



WHEREAS, many disputes have arisen between the commissioners 
appointed in and by an Act of the General Assembly of this Province, 
entitled "An Act for appointing commissioners to build a bridge over the 
pond in the Four Hole Swamp, commonly called Gibbes's pond, and to lay 
out and make and keep in repair, a road to and from the said bridge, as 
convenient as may be, into the Orangeburgh old road, from the head of 
the path leading from Dorchester to Izard's Cowpen,'' so that the said Act 
has never been put into execution, by reason whereof many persons have 
been put to great difficulties and inconveniencies for want of the road 
mentioned in the above recited Act : for remedy whereof, we humbly 
pray his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant- 
Governor and Commander-in chief in and over his Majesty's Province of 
South Carolina, by and with the advice and consent of his Majesty's 
Council, and the Commons House of Assembly of the said Province, and 
by the authority of the same. That from and immediately after the passing 
of this Act, the aforesaid Act, entitled "An Act for appointing commis. 
sioners to build a bridge over the pond in the Four Hole Swamp, commonly 
called Gibbes's Pond, and to lay out and make and keep in repair, a road 
to and from the said bridge, as convenient as may be, into the Orange- 
buro^h old road, from the head of the path leading from Dorchester to 
Izard's Cowpen," passed the twenty-first April, seventeen hundred and 
fifty-three, be, and the same is hereby, repealed, and declared to be null and 
void, to all intents and purposes whatsoever. 

II. And be it also enacted by the authority aforesaid, That the board of 



OF SOUTH CAROLINA. 237 

Ads relating to Roads, Bridges and Ferries. A.D. 1770. 

Commissioners for the parish of Saint George Dorchester, or a majority of 

them, shall have power and authority, and they are hereby fully authoriz- Don'^pg'ter 

ed, empowered and required, to lay out and make and keep in repair, a path to the 

road to lead from the head of the patli leading from Dorchester to Izard's ^."''p °^^'' 

Cowpen, to the bridge over the pond in the Four Hole Swamp, counnonly 

called Gibbes''s Pond, the most convenient and best way, and from thence 

till it falls in or intersects the road commonly called the Orangeburgh old 

road ; and that the said commissioners, or a majority of them, shall, from 

time to time, cis occasion may require, keep the said bridge and road in 

repair. 

HI. And be it also enacted by the authority aforesaid, That the said 
road shall be made and kept in repair, and also the bridge over Who to work 
Gibbes's Pond, aforesaid, at the expense and by the labour of the male ^" * '^'"" 
inhabitants, from the age of sixteen to sixty years, living and residing 
within two miles of the said road, from the west side of the Cypress 
Swamp to the Four Hole Swamp ; and of the south side of the said road 
from the north-west side of Four Hole Swamp, as far as Edsto river ; and 
of the north side of the said road as far as the Four Hole Swamp ; and 
from the said Four Hole Swamp to the Orangeburgh district line. And in 
case any of the persons obliged by this Act to make the said road, and to 
keep the said bridge and road in repair, shall neglect or refuse to do the 
same, they shall be subject and liable to the like tines and forfeitures as 
any persons by Act of the General Assembly for making roads and bridges 
in this Province are made subject and liable unto. 

IV. And he it also enacted by the authority aforesaid, That in case 
the said commissioners, or any of "them, or any other person or per- General issue 
sons acting under their authority, shall be sued or prosecuted for any ™ay ''^ pleads 
matter or thing by them to be done in pursuance of this Act, it shall and ^ ' *" ^' 
may be lawful for him or them so sued or pro.secuted, to plead the general 
issue, and to give this Act and the special matter in evidence ; and if the 
plaintiff or plaintiffs in any such action or suit shall suffer a discontinu- 
ance, become non-suit, or a verdict shall pass against him or them, the 
defendant or defendants shall be allowed his or their double costs of suit. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the II tk day of April, 1770. 

Assented to: WM. BULL. 




No. 1001. 



STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

AN ACT FOR ESTABLISHING A FeRRV OVER BrOAD RivER, AT THE 

Lands of Martin Scheurer ; also a Ferry over Saluda River^ 

AT THE liANDS OF ChARLES CaRSON ; AND APPOINTING COMMISSION- 
ERS TO LAY OUT, MAKE AND KEEP IN REPAIR, SEVERAL ROADS THERE- 
IN MENTIONED. 



Preamble. 



Ferry over 
Broad river. 



Vested in M. 
Scheurer. 



Conditions. 



WHEREAS, the establishing and making public a ferry over Broad 
river, at the lands of Martin Scheurer, with proper roads leading thereto, 
will be very convenient to the inhabitants living on the north-west side of 
Broad river, as well as other persons travelling from the back parts of this 
Province to Charlestown. We therefore humbly pray his most sacred Ma- 
jesty that it may be enacted, and 

1. Be it enacted, by the Honorable William Bull, Esquire, Lieuten- 
ant-Governor and Commander-in-chief in and over his Majesty's Province 
of South Carolina, by and with the advice and consent of his Majesty''s 
Council, and the Commons House of Assembly of the said Province, and 
by the authority of the same, That from and immediately after the passing 
of this Act, a public ferry shall be, and it is hereby, established at the lands 
of Martin Scheurer, on Broad river ; and that the said ferry shall be, and 
it is hereby, vested in the said Martin Scheurer, his executors, administra- 
tors and assigns, for and during the term of fourteen years. 

n. And be it also enacted by the authority aforesaid. That it shall 
and may be lawful for the said Martin Scheurer, his executors, administra- 
tors and assigns, to take and receive, for the ferrying over persons, their 
carriages, servants, horses and cattle'', at the said ferry, the following rates 
of ferriage, and no other, that is to say : — for a foot passenger, one shilling 
and three pence ; for a man and horse, two shillings and six pence ; for a 
chair and horse, or cart and horse, seven shillings and six pence; for a 
wagon and five horses, twenty. five shillings ; for every head of black cattle 
or horses, ferried or swam at the said ferry, one shilling and three pence ; 
and for every head of sheep or hogs, ferried, one shilling, in the current 
money of this Province. 

HL And be it also enacted by the authority aforesaid. That the said 
Martin Scheurer, his executors, administrators and assigns, shall always, 
during the said term of fourteen years, keep and maintain a good and sub- 
stantial ferry boat, with two able-bodied men to attend the said ferry, as 
well by night as by day, for the transporting passengers, their servants, 
carriages, horses and cattle. And if any person coming to the said ferry 
to pass the same, shall meet with any unreasonable delay, or be unnecessa- 
rily retarded in passing the said ferry, the said Martin Scheurer, his execu- 
tors, administrators and assigns, shall forfeit and pay, to the person so de- 
layed, ten pounds, current money, and in case such delay shall exceed one 
hour, five pounds, like money, for every hour afterwards; to be recovered 
before any justice of the peace in Craven county, if sued for in ten days 
after the offence committed. 

IV. And be it also enacted by the authority aforesaid, That no person or 
persons shall keep a ferry within four miles of the said ferry, on Broad 
river, during the said term of fourteen years, unless the Legislature of this 
Province shall think fit to establish another ferry within the said four 
miles. 

V. And whereas, the establishing a ferry over Saluda river, at the place 
called Saluda Old Town, with proper roads leading thereto, will be very 



OF SOUTH CAROLINA. 239 

Acts relating to Roads, Bridges and Ferries. ^ ^- '^'O- 

convenient for the inhabitants living in the interior parts of this Province, 
in conveying the produce of their lands to the market in Charlcstown. Be \^^[^J over, a- 
it therefore enacted by the authority aforesaid, That inimediately from and 
after the passing of this Act, a public ferry be, and is hereby, estabhshed at 
the lands of Cliarles Carsan, on the south side of Saluda river, to the op- Vested in C. 
posite shore, at the lands of William 'i'urner ; and that the said ferry shall ^"'•'''>"- 
be, and is hereby, vested in the said Charles Carsan, his executors, admin- 
istrators and assigns, for and during the term of fourteen years. 

VI. A?i.d be it also enacted by the authority aforesaid. That it shall and 

may be lawful to and for the said Charles Carsan, his executors, adminis- Conditions. 

trators and assigns, to take and receive, for the ferrying over persons, their 

servants, carriages, horses and cattle, at the said ferry, the following rates 

and prices, and no more, that is to say : — for a foot passenger, one shilling 

and three pence ; for a man and horse, two shillings and six pence ; for a 

chair and horse, or cart and horse, seven shillings and six pence ; for a 

wagon, or any other four wheeled carriage and five horses, twenty-five shil- 

lings ; for every head of black cattle and horses, ferried or swam over the 

said ferry, one shilling and three pence ; and for every head of sheep or 

hogs, ferried, one shilling, in the current money of this Province. 

VII. knd be it also enacted by the authority aforesaid, That the said 
Charles Carsan, his executors, administrators and assigns, shall always, 
during the said term of fourteen years, keep and maintain a good and 
sufficient ferry boat, with two able-bodied men to attend the said ferry, as 
well by night as by day, for the transporting passengers, their servants, 
carriages, horses and cattle. And if any person coming to the said ferry 
to pass over the same, shall meet vvith,any unreasonable delay, or be unne- 
cessarily retarded in passing over the said ferry, the said Charles Carsan, 
his executors, administrators and assigns, shall forfeit and pay, to the per- 
son so delayed, ten pounds, current money, and in case, such delay shall 
exceed one hour, five pounds, like money, for every hour afterwards ; to be 
recovered before any justice of the peace in Colleton county, if sued for 
in ten days after the offence committed. 

VIII. And be it also enacted, by the authority aforesaid. That no per- 
son or persons shall keep a ferry within four miles of the said ferry, on 
Saluda river, during the said term of fourteen years, unless the Legislature 
of this Province shall think fit to establish another ferry within the said 
four miles. 

IX. And he it further enacted by the authority aforesaid. That the Go- 
vernor or Commander-in-chief of this Province for the time being, all NVho may pass 
ministers of the Gospel and persons going to divine worship, all persons |..|fp*'^'" '^"'^^ 
going to or returning from musters of the militia, and all persons in time 

of alarm, and all expresses sent in the service of this Government, and 
free Indians in amity with this Government, be, and they are hereby, ex- 
empted from paying any ferriage at the said ferries hereby established, for 
passing and re-passing the same, by themselves, their servants, carriages 
and horses; any thing hereinbefore contained to the contrary thereof in 
any wise notwithstandiiig. 

X. And he it further enacted by the authority aforesaid, That John Lee, 

John IVIartin, and Edward Mobblee, be, and they are hereby appointed, '"^iiiidrv roads 

.. I* . •• II • • • Ji.1 to SQIU lGrn69 

commissioners lor laying out, making and keeping in repair, and they are j^ ^^ made, 
hereby authorized, empowered and required to lay out, make and keep in 
repair, a public road to lead from the head of the North Branch of Little 
River, or Lee's road, to the .south branch of the said Little River. That 



240 STATUTES AT LARGE 

A' "• '"70. ^icts relating to Roads, Bridges and Ferries. 

Martin Scheurer, Richard Hill, and Robert Handcock, be, and they are 
hereby appointed, commissioners tor laying out, making and keeping in re- 
pair, a road to lead from the said south branch of Little river, to the ferry 
on Broad river, heieby vcisted in Martin Scheurer, his executors, adminis- 
trators and assigns. And that Benjamin Gregory, John Gartman, and 
Frederick Hendrick, be, and they are hereby appointed, commissioners for 
laying out, making and keeping in repair, a road to lead from the said fer- 
ry on Broad river, down the country, till it falls in or intersects the public 
road leading from Inoree river to the Congarees 

XL And he it also enacted by the authority aforesaid. That all the male 
inhabitants, from the age of sixteen to sixty years, within six miles on each 
Who to work g[^Q ^f j^g before mentioned roads, and also, all the male inhabitants, 
from the age of sixteen to sixty years, living within three miles of the 
north-west side of Broad river, who, heretofore, were obliged to work on 
the road leading from Inoree river to the Congarees, shall be, and they are 
hereby, obliged to make the said roads, and to keep the same in repair. — 
And in case any of the inhabitants obliged by this Act to work on the said 
before meiitioned roads, shall neglect or refuse to do the same, they, and 
every of them, shall be liable to the same fines and forfeitures as any per- 
sons by Act of the General Assembly of this Province for making roads are. 
XIL And be it further enacted by the authority aforesaid. That Charles 
Road from Banks, Joseph Allen, William West, Charles Carsan, and John Hack, be, 
Carsan's ferry and they are hereby appointed, commissioners for Ia3'ing out, making and 
to Kelly's road, i^eeping in repair, and they are hereby authorized, empowered and requi- 
red to lay out, make and keep in repair, a public road, to lead from the 
south side of the ferry, on Saluda river, hereby vested in Charles Carsan, 
his executors, administrators and assigns, to the nearest and most contigu- 
ous part of the road lately laid out and established, by the name of Kelly's 
road. And that John Caldwell, Joseph Devanport. William Turner, jr., 
And from Car- Lewis Jones, Richard Turner, John Edwards, and Jacob Bowman, be, and 
Re"eav rlver° *'^^-'' ^^^ hereby appointed, commissioners for laying out, making and keep- 
ing in repair, a public road to lead from the north side of the said ferry, on 
Saluda river, to Reedy river. 

XHL And he it also enacted by the authority aforesaid. That all the 
male inhabitants, from the age of sixteen to sixty years, living within four 
Who to work miles on each side of the said last mentioned roads, shall be, and they are 
hereby, obliged to make the said roads, and to keep the same in repair. 
And in case any of the inhabitants obliged by this Act to work on the said 
roads, shall neglect or refuse to do the same, they and every of them, shall 
be liable to the same fines and forfeitures as any persons by Act of the 
General Assembly for making roads are. 

XIV. And he it further enacted by the authority aforesaid, That in case 
Vacancies. any of the commissioners by this Act named, shall happen to die, depart 

the Province or refuse to act, then it shall and may be lawful for the other 
commissioners, or a majority of them, respectively, to choose another per- 
son or persons to be commissioner or commissioners, in the room of him or 
them so dying, departing the Province or refusing to act; and the person 
or persons so chosen, shall be invested with and have the same powers and 
authorities^as the other commissioners hereby nominated and appointed. 

XV. And he it further enacted hy the authority aforesaid, That the 
p . commissioners herein named, and others to be appointed by them, respec- 
Commissioners tively, or a majority of them, shall have, use and exercise, all the powers 

and authorities for putting the latter part of this Act into execution, which 



OF SOUTH CAROLINA. 241 

Aclf relating to Roads, Bridges and Ferries. A. D. mo. 

are given to any other commissioners of higii roads, and be subject to the 
same penalties as are inflicted on any commissioners of iiigh roads, by any 
Act of the General Assembly of this Province. 

XVI. And he it further enacted by the authority aforesaid, That in case 
any of the said commissioners, or any other person or persons acting under Q^^p^^, jg^^^^ 
their authority, shall be sued or prosecuted for any matter or thing by them may be jilead- 
to be done by virtue of or in pursuance of the directions of this Act, it*^ • 
shall and may be lawful to and for the said commissioners, and other per- 
sons so sued or prosecuted, to plead the general issue, and to give this Act 
and the special matter in evidence; any law, usage or custom to the con. 
trary notwithstanding. 

P. MANIGAULT, Speaker. 

In the Council Chamher, the 1th day of April, 1110- 

Assmtedtn: WM. BUU^. 



AN ACT FOR VE.STING A FeRRY OVER SaMPIT RiVER, FROM George- >fo. 1002. 
town to the roal) on the oiposite shore, leading towards 
Charlestown, in William Allston, his Executors, Admin istra- 
TOKS and Assigns, for a term of years. 

WHEREAS, there is a necessity for having a ferry established from 
■Georgetown to the road on the opposite shore, leading to Charlestown, Preamble, 
for the better communication and intercourse therewith. We therefore 
humbly pray his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esquire, Lieutenant 
Governor and Commander-in-chief in and over his Majesty's Province of 
South Carolina, by and with the advice and consent of his Majesty''s 
Council, and the Commons House of Assembly of the said Province, and 
by the authority of the same, That the ferry over Sampit river from Ferry at 
Georgetown, be established at the end of the southermost street thereof, ^j^^^^'^l^^j^pl" 
but on the said river, and to land at the slip opiwsite theteto, which is 
hereby declared to be the landing place on the .south side of Sampit 
jiver, and the same is hereby declared to be vested in William Allston, Vested in W. 
his executors, administrators and assigns, from the time of the passing ^''^'°"' 
of this Act, for and during and unto the full end and term of four- 
teen years, then next ensuing ; and that it shall and may be lawful 
to and for the said William Allston, his executors, administrators and Conditions, 
assigns, during the said term, to demand, receive and take, to his and their 
own proper use, from all persons passing or making use of the said 
ferry, the several rates and feniage and sums following, in the current 
money of this Province, that is to say; for every single person, one shill- 
ing and three pence ; for every man and horse, two shillings and six 
pence; for every two wheeled chair and chaise, or cart, Hvq shillings; 
VOL. IX— 31. 



242 STATUTES AT LARGE 

A. D, 1770. jicls relating to Roads, Bridges and Ferries. 

for every four wheeled carriage, ten shillings and three pence ; for every 
head of neat cattle or horses, ferried or swam over the said ferry, one shill- 
ing and three pence ; for every head of calves, sheep or hogs, seven 
pence half penny. 

II. And be it further enacted by the authority aforesaid, That the said 
William Allston, his executors, administrators and assigns, shall be, and 
they are hereby, obliged to keep constantly a good substantial ferry boat 
or boats, and such other conveniencies as are necessary for transporting 
persons, horses, cattle, coaches, carts and wagons, over the said ferry, and 
shall also find and keep constantly employed in the said ferry boat and in the 
ferrying thereof over the said ferry, two able and sufficient men, who shall 
constantly attend the said ferry, as well by night as by day, to ferry over 
all passengers, their servants, slaves, horses and carriages, when and as 
often as there shall be occasion. 

III. And he it further enacted by the authority aforesaid, That in case 
any person or persons coming to the said ferry in order to pass over the 
same, shall meet with any unreasonable delay, or shall be retarded in the 
passage over the said ferry, he, the said William Allston, his executors, 
administrators and assigns, shall forfeit and pay, for every such offence, to 
the person and persons so delayed, for every hour, ten pounds, current money 
of this Province ; to be recovered before any justice of the peace in Craven 
county, as is provided by the Act for the trial of small and mean causes. 
Provided, that such forfeiture be sued for in ten days after such delay 
shall happen. 

IV. Knd he it further enacted by the authority aforesaid. That the Gover- 
nor and Commander-in-Chief of this, Province for the time being, his ser- 
vants, attendants, equipage and horses, all ministers of the gospel, all persons 
going to and returning from muster, or in time of alarm, and all expresses or 
messengers sent in the service of this Government, and all free Indians in 
amity with this Government, are, hereby exempted from paying any fer- 
riage at the said ferry, for themselves, their servants or horses; any thing 
herein before contained to the contrary notwithstanding. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the llh day of April, 1770. 

Assented to: WILLIAM BULL. 



OF SOUTH CAROLINA. 243 

Acts relating to Roads, Bridges and Fe7~rics. * A. D. 1771. 

AN ACT FOR EMPOWEUING TIIK COMMISSIONERS OF THE HiGH RoADS Nq. 1007. 

FOR THE Parish of Prince George, to lay out and make a new 
Causey over Lynches Island ; and to establish a Ferry from 
THE Plantation of John Cogdill, on Waccamaw, to Georgetown, 

AND also to the SOUTH SIDE OF SaMI'IT RiVER ; AND FOR DECLAR- 
ING THE RoAD LEADING FROM PoCOTALIGO BrIDGE TO THE NINE MILE 

post, to be a public road ; and for continuing the same to 
Mathew's Bluff, on Savannah River. 

WHEREAS, the commissioners of the iiigli-roads for the Parish of 
Prince George Winyaw, by their humble petition to the General Assembly, 
have set forth, that the present causey over Lynch's island, in the said Preamble, 
parish, is become almost impassable, and that it will be more commodious, 
and less expensive, to have a new causey made, than to repair the old 
causey ; and therefore prayed that a law may be passed to authorize the 
said commissioners to lay out a new causey, and to assess the inhabitants 
of the said parish for the making and keeping in repair the same. We 
therefore pray his most sacred Majesty that it may be enacted, and 

I. Be it enacted, by the Honorable William Bull, Esq., Lieutenant 
Governor and Commander-in-chief in and over his Majesty's Province of N(^w causey to 
South Carolina, by and with the advice and consent of his Majesty's j^™'^'!® P^^"". 
Council, and the Commons House of Assembly of the said Province, 

and by the authority of the same, That the commissioners of the high- 
roads for the parish of Prince George Winyaw, or a majority of them, shall 
be, and they are hereby, empowered' and required, to lay out, make and 
keep in repair, a new causey over Lynch's island, instead of that com- 
monly called Lynch's causey, in manner hereinafter directed, that is to 
say, to run, as nearly as conveniently may be, from the landing of one ferry 
to that of the other ; and that the said causey shall be at least sixteen feet 
wide and five feet high in the middle, and three feet high on each side 
above the common level of the surface of the swamp ; and shall be made 
wholly of earth, without any wood, to the height aforesaid ; and that the 
margin or shoulder on each side of the causey shall not be less than ten feet 
wide ; and that all stumps or logs shall be cut away level with the earth, 
and removed from the margin on the north west side of the said causey, 
for the conveniency of the ferry boat passing in time of freshes. 

II. And, he it further enacted by the authority aforesaid, That the said 

new causey shall be made and kept in repair at the equal expense and Who to work 
labour of all the inhabitants from the age of sixteen to sixty vears, livino-o" '*. 
and residing in the parish of Prince George Winyaw ; and the said com- 
missioners, or a majority of them, are hereby fully authorized, impowered 
and required, to make and raise such tax and assessment on all the inhabi- 
tants aforesaid, and in case of refusal of payment, to levy the same, by 
warrant of distress, under their hands and seals, on the offender's goods, 
returning the overplus, if any there shall be. 

III. And he it furtlier enacted by the authority aforesaid, That if the 

board of commissioners of the high-roads for the parish of Prince George, Generalissue 
or any persons acting under their authority, shall be sued or prosecuted for ^^^^ ^® P'^**^* 
any matter or thing done in the execution of this Act, it shall and may be 
lawful for them, or any of them, to plead the general issue, and to give 
this Act and the special matter in evidence ; any law, usage or custom to 
the contrary nofwithstandin£r. 



244 



STA.TUTES AT LARGE 



A.I), 1771. 



Acts rclalins: to Roads., Bridses and Ferries. 



Former Acts 
repealed. 



Three several 
ferries estab- 
lished. 



Conditioiit^ 



IV. And be it further enacted by the authority aforesaid, That the 
several Acts and clauses of Acts of the General Assembly of this Province 
heretofore made concerning the said causey over Lynches island, shalL 
and the same are hereby declared to, be repealed and riiade null and void 
to all intents and purposes. 

V. And whereas, several of the inhabitants of Waccamaw, by theif 
humble petition to the General Assembly, have represented many inconve- 
niencies which ihey labour under, by reason of the great number of ferries 
which they are obliged to pass over, when travelling from thence to Char- 
lestown ; and therefore prayed that a ferrry may be established from the 
plantation of John Cogdill, at Waccamaw aforesaid, to Charlestown, that 
persons travelling from thence to the southward may pass with more ease 
and conveniency. Be it therefore enacted by the authority aforesaid, That 
from and immediately after the passing of this Act, a public ferry be, and 
is hereby, establislted at the plantation of John Cogdill, at Waccamaw, 
from thence to land at Georgetown, and also to land on the south side of 
Sampit river at the causey, where a ferry is now kept for transporting passen- 
gers from thence to Georgetown ; which said ferry shall be, and is hereby^ 
vested m the said John (Jogdill, his executors, administrators and assigns, 
for and during the term of fourteen years. And that one other public ferry 
shall be, and is hereby, established at Georgetown, from thence to the said 
plantation of John Cogdill, at Waccamaw ; which said ferry shall be, and 
is hereby, vested in William Allston, his executors, administrators and 
assigns, for and during the term of fourteen years. And also liiat one other 
public ferry shall be, and is hereby, establisbed at the land on the south 
side of Sampit river, where a ferry is, now kept for transporting passengers 
to Georgetown, from thence to the aforesaid plantation of John Cogdill ; 
which said ferry shall be, and is hereby, vested in the proprietor of the land 
at the said ferry, his executors, administrators and assigns, for and during 
the term of fourteen years. 

VI. And he zt further eiiacted by the authority aforesaid. That it shall 
and may be lawi'ul to and for the said John Cogdill, William Allston, and 
the proprietor of the land on the south side of Sampit river, and for their 
several and respective executors, administrators and assigns, to take and 
receive, for the ferrying over persons, their horses and cattle, at the said 
ferries, respectively, the following rates or prices, and no more, that is to 
say ; for a single person, ten shillings ; for a man and horse, twenty shilU 
ings ; for any two wheeled carriage, twenty-five shillings; for any four 
wheeled carriage, fifty shillings ; for sheep, hogs or calves, per head, five 
shillings ; and for neat cattle, per head, twenty shillings, in the current mo- 
ney of this Province. 

VII. And he it further enacted by the authority aforesaid, That the said 
John Cogdill, William Allston, and the proprietor of the land on the south 
side ot Sampit river, their and each of their respective executors, adminis- 
trators and assigns, shall always, during the said term of fourteen years, 
keep and maintain, at their respective ferries, good and substantial ferry 
boats, with four able-bodied men to attend each boat, as well by night as 
by day, for the transporting passengers, their servants, horses, carriages 
and cattle ; and if any person coming to either of the Piid ferries, to pass 
the same, shall meet with any unreasonable delay, or be unnecessarily retard- 
ed, in passing over either of the said ferries, the said John Cogdill, William 
Allston, and the proprietor of the land on the south side of Sampit river, 
their and each of their respective executors, administrators and assigns, 



OF SOUTH CAROLINA. 215 

Acts relating to Roads, Bridges and Ferries. A. I). 1771. 

Sliali forfeit and pay to the person so delayed, ten pounds, current nioncy, 
and in case the delay shall exceed one hour, ten pounds, like money, for 
every hour afterwards, to be recovered before any justice of the peace in 
Craven county, if sued for in ten days after the offence is committed. 

VIII. And he it further enacted, by the autliority aforesaid. That the 
Governor or Commander-in-chief of this Province, all ministers of the gos- 
pel, all persons going to or returning from musters of the militia, all 
persons in time of alirm, and all expresses sent in the service of this 
Government, be, and they are hereby, exempted from paying any ferriage 
at the said ferries hereby established, for passing and repassing the same, by 
themselves, their servants, horses and carriages ; any thing herein contained 
to the contrary thereof in anywise notwithstanding. 

IX. And he it further enacted by the authority aforesaid. That the 
commissioners of the high-roads for the parish of Prince George, sh^'lco^diirsferrv 
forthwith, at the labour and expence of such of the inhabitants of the said 

parish as the said commissioners, or a majority of them, shall think proper, 
lay out, make and keep in repair a public road, to lead from the landing 
place of the said ferry, hereby vested in John Cogdill, his executors; admin- 
istrators and assigns, to the high road leading to North Carolina. 

X. And he it further enacted by the authority aforesaid, That the Act en- 
titled " An Act establishing ferries over Waccamaw and Peedee rivers, and Former Acts 
vesting the same in persons therein mentioned, and appointing and empow- ''^^'^^ ®'^- 
ering commissioners for making roads leading to the said ferries,'^ passed 

the nineteenth day of March, 1756, and all other Acts and clau.ses of 
Acts of the General Assembly of this Province, made concerning the 
said ferries over Waccamaw and Peedee rivers, be, and the same are hereby 
declared to be, repealed and made null and void, to all intents and purposes 
whatsoever. 

XI. And ivhereas, several of the inhabitants living in the upper part of 

the Indian land. Savannah river, and parts adjacent, have represented to r^"'^<'. j^^''"' ]^"- 
the General Assembly many difficulties which they labour under, for (ij^vv's Bluff, 
"want of a road to convey the produce of their lands to the market of Char- 
lestown ; and therefore pray that a law may be passed to appoint commis- 
sioners to lay out, make and keep in repair, a road from Pocotaligo bridge 
to Mathew's Biuf}', on Savannah river. Be it therefore enacted by the 
authority aforesaid, That the road which now leads from Pocotaligo bridge, 
on the north side of Coosawhatchie swamp, to or near the nine mile post, 
be, and the same is hereby declared to be, a public road ; and that a road 
shall be continued from thence the nearest and best way to Mathew's BlufT, 
on Savannah river ; and that all persons who shall or may be benefited by 
the said roads hereby directed to be laid out and made public, shall be 
obliged to assist in making and keeping the same in repair, in the same 
way and manner as the other roads in this Province are made and kept in 
repair. 

XII. And he it also enacted by the authority aforesaid. That Andrew 

Postell, James Miles, Joseph Brailsford, John Frederick, and James Smith, Commissioners 
be, and they are hereby nominated and appointed, commissioners for "'^'^'"" ^ 
keeping in repair the aforesaid road, which leads from Pocotaligo bridge, 
on the north side of Coosawhatchie swamp, to or near the nine mile post ; 
and also to make and keep in repair a road to be continued from or near 
the nine mile post aforesaid, till it crosses Coosawhatchie swamp ; and that 
John Garvin, Parker Caradine, Bartlett Brown, Tarlton Brown, and 
Ulysses McPherson, be, and they arc hereby nominated and appointed, 



246 



STATUTES AT LARGE 



A.I). 1777. 



Vacancies. 



Acts relating to Roads, Bridges and Ferries. 

commissioners for making and keeping in repair, a road to be continued 
from the aforesaid road, which cresses Coosawhatchie swamp, the nearest 
and best way to Mathew's Bhiff, on Savannah river; and that the said 
commissioners hereby named, shall have as full power and authority, to all 
intents and purposes, and shall and may, at all times, u.se the same ways 
and means for causing the said new road to be laid out, made and kept irr 
repair by the persons hereby made liable to the same, and shall be under 
the same penalties and forfeitures, as the other commissioners of high-roads 
in this Province. 

XIII. And be it further enacted, by the authority aforesaid, That in case 
any of the said commissioners shall die, refuse to act, remove out of -the 
district where they reside, or depart the Province, that then it shall and 
may be lawful for the other commissioners, or a majority of them respec- 
tively, and they are hereby directed and required, to choose another person 
or persons in the room of him or them so dying, refusing to act, removing 
out of the district, or departing the Province ; and the person or persons so 
chosen, shall be invested with and have the same powers and authorities, 
and be liable to the same forfeitures and penalties, as the other commission- 
ers hereby nominated and appointed. 

P. MANIGAULT, Speaker. 

In the Council Chamber, the 20th day of March, 1771. 



Assented to 



WILLIAM BULL. 



No. 1032. AN ACT for establishing a Ferrv over Saluda river, at the 
LANDS OF Benjamin Cook, on both sides of the river. 



IVeumhle. 



Ferry over 
Saludii. 



Vested in B. 
Cook. 



Conditions. 



WHEREAS, the establishing and making public a ferry over Saluda 
river, at the lands of Benjamin Cook, will be very convenient to the 
inhabitants living on the north-west side of the said river, as well as other 
persons travelling from the back parts of this State to Charlestown, and 
other parts of the said State : 

I. Be it therefore enacted, by his Excellency John Rutledge, Esquire, 
President and Commander-in-chief in and over the State of South Caro- 
lina, and by the Honorable the Legislative Council, and by the General 
Assembly of the said State, and by the authority of the same, That from 
and immediately after the passing of this Act, a public ferry shall be, and 
it is hereby, established, at the lands of Benjamin Cook, on Saluda river ; 
and that the said ferry shall be, and it is hereby, vested in the said Benja- 
min Cook, his executors, administrators and assigns, for and during the 
term of .seven years. 

II. And. be it also enacted by the authority aforesaid. That it shall and 
may be lawful to and for the said Benjamin Cook, his executors, adminis- 
trators and assigns, to take and receive, for the ferrying over persons, their 
servants, carriages, horses and cattle, at the said ferry, the following rates 
and prices, and no more, that is to say : — for a foot passenger, the stun of 



OF SOUTH CAROLINA. 247 

Acts relating to Roads, Bridges and Fen- ies. A. 1). 1777. 

one shilling and three pence ; for a man and horse, the sum of two shil- 
lings and six pence ; for a chair and horse, or cart and horse, the sum of 
seven shillings and six pence ; for a wagon, or any other foiu- wheeled 
carriage and five horses, twelve shillings and six pence ; for every head of 
black cattle and horses, ferried or swam over the said ferry, one sliilling 
and three pence ; and for every head of sheep or hogs ferried, one shilling, 
in the current money of this State. 

III. And be it also enacted by the authority aforesaid, That the said 
Benjamin Cook, his executors, administrators and assigns, shall always, 
during the said term of seven years, keep and maintain a good and suffi- 
cient ferry boat, with two able bodied men to attend the said ferry, as well 
by night as by day, for the transporting of passengers, their servants, car- 
riages, horses and cattle ; and if any person coming to the said ferry to 
pass over the same, shall meet with any unreasonable dehiy, or be unneces- 
sarily retarded in passing over the said ferry, the said Benjamin Cook, his 
executors, administrators and assigns, shall forfeit and pay to the person 
so delayed, the sum of forty shillings, current money ; and in case such 
delay shall exceed one hour, the sum of twenty shillings, like money, for 
every hour afterwards, to be recovered before any justice of the peace in 
the district of Ninety-six, if sued for within ten days after the offence 
committed. 

IV. And be it further enacted by the authority aforesaid. That no per- 
son or persons shall keep a public ferry within four miles of the said ferry 
on Saluda river, except such as are now or may be hereafter established 
by law, during the said term of seven years. 

V. And he it further enacted by the .authority aforesaid, That the Presi- 
dent and Commander-in-chief of this State for the time being, the Vice 
President for the time being, all ministers of the gospel, all persons on 
Sundays going to or returning from any place of divme worship, all persons 
going to or returning from muster, at anj^ time appointed for the muster 
of the militia, and all persons going to and returning from the election 
of members of Assembly, or in time of alarm, and all troops in the Conti- 
nental service, all expresses and messengers sent in the service of this 
State, and also all free Indians, are hereby exempted from paying any 
ferriage at the said ferry, for themselves, their servants, carriages or 
horses ; any thing herein before contained to the contrary notwithstand- 
ing. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 
JOHN MATHEWS, Speaker of the General Assembly. 

In the Council Chamber^ the l&tJi day of January, 1777. 

Assented to: J. RUTLEDGE. 







STATUTES AT LARGE 

Acts relating to Raads, Bridges and Ferries. 

No. 1033. AN ACT for vesting the Ferry over Ashley river, in Edward 
Legge, his Execctors, Administrators and Assigns, for seven 

YEARS. 



Preiiiiilile 



Ashley ferry 
yesteti in E. 
Legge. 



Condition^. 



WHEREAS, the law for establishing the ferry over Ashley river is ex- 
pired, and there is a necessity the said ferry, and causey leading thereto, 
be kept in good order, for the better communication and intercourse with 
the southern parts of this State : Therefore, 

I. Be it enacted , hy his YiXceW^ncy John Rutledge, Esquire, President 
and Commander-in-chief of the State of South Carolina, and by the Hon- 
orable the Legislative Council, and the General Assembly of the said State, 
and by the authority of the same. That the ferry over Ashley river, com- 
monly called Ashley ferry, leading from Charlestown to Stono and the 
southern parts of this State, be, and the same is hereby declared to be, 
vested in Edward Legge, his executors, administrators and assigns, from 
the time of passing this Act for and during and unto the full end and 
term of seven years then next ensuing. And that it shall and may be 
lawful to and for the said Edward Legge, his executors, administrators and 
assign.s, during the said term, to demand and receive, and to take to his 
and their own proper use, from all persons passing or re-passing or making 
use of the said ferry, the several rates of ferriage and sums following, in 
current money, viz : — for every single person, seven pence halfpenny; 
for every man and horse, the sum of one shilling and three pence; for 
every chair, chaise and single horse, or cart and single horse, five shill- 
ings ; for every four wheeled chair or chaise, or coach or charriot and pair 
of horses, the sum of seven shillings and six pence : for a coach or char- 
riot and four, the sum of ten shillings; for a coach or charriot and six, the 
sum of fifteen shillings; for a wagon and two horses, the sum of seven 
shillings and six pence ; for a wagon and four horses, the sum of ten shill- 
ings ; for a wagon and six horses, twelve shillings and six pence ; for 
every head of neat cattle or horses, ferried or swam over the said ferry, 
the sum of seven pence halfpenny; for every head of sheep, hogs or 
calves, the sum of seven pence half penny. And the said Edward Legge, 
his executors, administrators or assigns, shall be, and they are hereby, 
obliged and required to make and keep the causey twenty feet wide at top, 
and to be raised one foot above high-water mark at spring tides, leading 
through the marsh to the said ferry, in good and constant repair and con- 
dition, at his and their own cofet and charge ; and shall also find and con- 
stantly keep a good substantial ferry boat or boats, with a stage or entering 
board, also a capstan, and a sufficient rope across the river, and such other 
conveniencies as are at present used for transporting men, horses, cattle, 
coaches, carts and waggons, and every other carriage, over the said ferry ; 
and shall also find and constantly keep employed in the said boat, and in 
the ferrying thereof over the said river, two able and sufficient men, who 
shall constantly attend the said ferry, as well by night as by day, to ferry 
over all passengers, their servants, slaves, horses and carriages, when and 
as often as there shall be occasion. 

n. And be it further enacted by the authority aforesaid, That in case 
any person or persons coming to the said ferry in order to pass over the 
same, shall meet with unreasonable delays, or be retarded in their passage 
over the said ferry, he, the said Edward Legge, his executors, administra- 
tors and assigns, shall forfeit and pay for every such offence, to the person 



OF SOUTH CAROLINA. 249 

Acts relating to Roads ^ Bridges and Ferries. \.T).i777. 

and persons so delayed, for every twenty minutes, at the rate of forty 
shillings, to be recovered before any justice of the peace for Charlestowri 
district, as is provided by the Act for the trial of small and mean causes ; 
provided, that such forfeiture be sued for within ten days after such delay 
shall happen, and at no time after. And for conveniency and shelter of 
persons coming down the said causey to the ferry from the inclemency of . 
the weather, the said Edward Legge, his executors, administrators and 
assigns, shall be obliged to build and keep in good repair, during all the 
said term, a shed, sufficient to shelter passengers from rain and the sun, 
thirty feet long and twenty feet wide, on the river side. And for the bet- 
ter accommodation of travellers passing over the said ferry, the said Ed- 
ward Legge, his executors, administrators and assigns, arc hereby required 
and obliged to keep, or cause to be kept, a proper house of public enter- 
tainment, for and during the said term of seven years, vinder the penalty 
of losing the benefit of this Act. 

IIL A?id be it further enacted by the authority aforesaid, That the 
President and Commander-in-chief of this State for ttie time being, the 
Vice President for the time being, all ministers of the gospel, all persons 
on Sundays going to or returning from any place of divine worship, all 
persons going to or returning from muster, at any time appointed for mus- 
ter of the militia, and all persons going to and returning from the election 
of members of Assembly, or in time of alarm, and all troops in the Conti- 
nental service, all expresses and messengers sent in the service of this 
State, and also all free Indians, are hereby exempted from paying any 
ferriage at the said ferry, for themselves, their servants, carriages or horses; 
any thing hereinbefore contained to the contrary notwithstanding. 

IV. And he. it further enacted by the authority aforesaid. That the 
said Edward Lcgg^ his executors, administrators and assigns, shall be, 
and they are hereby, obliged to put the said causey in good and sufficient 
order, agreeable to the directions of this Act, within six montiis next after 
passing the same, and shall keep it at all times in the same state, under 
the penalty of losing the benefit of this Act, and of forfeiting the sum of 
five hundred pounds, current money, to be recovered by action of debt, 
bill, plaint, or information, in any court of record in this State, wherein no 
privilege, protection or wager of law shall be admitted or allowed ; which 
said forfeiture shall be applied to the use of the person or persons that will 
sue for the same. Provided, always, that such suit shall be commenced with- 
jn six months after such forfeiture is incurred, and at no time after. Provided 
always nevertheless, that nothing contained in this Act sliall extend, or be 
construed to extend, to restrain any person or persons from building a 
bridge over Ashley river, at or near the said ferry, according to an Act of 
Assembly, passed the eighth dav of May, one thousand seven hundred and 
fifty-four. And pro ride d also, tiiat nothing herein contained shall extend, 
or be construed to extend, to the impowering the said Edward Legge, or his 
a.ssigns, to keep the said rope across the said river at the time of any boat 
or vessel passing the same, so as to impede the navigation of the said river. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 
JOHN MATHEWS, Speaker of the General Assembly. 

In the Council Chamber, the l^th day of January, 1777. 

Assented to : J. RUTLEDGE. 

VOL. IX— 32. 




STATUTES AT LARGE 

Acts relating to Roads ^ Bridges and Ferries. 

No. 1056. AN ACT for laying out, making and keeping in repair, a Pub- 
Lie Road, in that part of Saint Peter's Parish from King 
Creek to the plantation of John Allen, in the said Parish, 
and from thence continued to Coosawhatchie Bridge; also, 
that another Road be laid out from the said Allen's to the 
Two SisTERs's Ferry. 



Preamble. 



WHEREx\S, many of the freeholders and inhabitants of the upper part 
of Saint Peter's Parish and parts adjacent in Granville county, by their 
petition to the General Assembly, set forth that they have been heretofore 
entirely without a convenient public road along Savannah river leading to 
the metropolis, and to a public landing, for want of which road the pro- 
duce of the plantations near that river has been impeded from being 
brought to market in this State, and themselves put to many inconvenien- 
cies ; wherefore, 

I. Be it enacted, by his Excellency John Rutledge, Esquire, President 
and Commander-in-chief of the State of South Carolina, by the Honorable 
KrM^cTeek to the Legislative Council, and by the General Assembly of the said State, 
CoolavNliaichieand by the authority of the same, That from and immediately after the 
bridge. passing of this Act, a public road be laid out and worked upon, from King 

Creek, the upper line of Saint Peter's Parish, to the plantation of the late 
John Allen, in the said parish, and from thence to Coosawhatchie Bridge, 
upon the line between the lands of the Honorable John Drayton and John 
Wragg, Esquire. And that all (he male inhabitants, from the age of sixteen 
to sixty years, shall work upon the aaid road, from King Creek to Allen's, 
who are or shall be settled between that part of the road and Savannah river, 
and within four miles on the northern side of the said road ; and on that 
part of the road from Allen's to Coosawhatchie Bridge, all the inhabitants 
shall work on the last part of the said road, who are, or shall be, within four 
miles of the same, except those who reside on the eastern side of Cypress 
Creek. And that Edward Statford, William Statford, James Thomson, 
James Moore, John Moore, Henry Gendrett, Aquila Miles, and Joseph 
Ld ghton, be commissioners for the said road, from King Creek to Coo- 
sawhatchie. 

n. And be it further enacted by the authority aforesaid, That another 

.,, , road be laid out and worked upon, from the said John Allen's to the Two 

toTl'^ Two ^ Sisters 's Ferry, on Savannah river; and that the said road shall be made 

Bisters's ferry, ^^d kept in repair by all the male inhabitants, from the age of sixteen to 

sixty years, who now, or hereafter may, reside within two miles and a half 

of the said road. And that John Grimball, Sr , John Smith, and Henry 

Gendratl, be commissioners. 

HL And he it further enacted by the authority aforesaid, That all the 
Who to work ^^^^ inhabitants, from the age of sixteen to sixty years of age, shall be, 
on them. and they are hereby, obliged to make the said roads, cutting the stumps 

level with the ground, and to keep the same in repair. And in case any of 
the inhabitants obliged by this Act to work on the said roads, shall neglect 
or refuse to do the same, they, and every of them, shall be liable to the 
saiDe'fines and forfeitures as any persons by Act of the General Assembly 
for making roads are liable. 

IV. Xrid he it further enacted by the authority aforesaid. That the 
commissioners herein named, or the majority of those nominated, for each 



OF SOUTH CAROLINA. 251 

Acts relating to Roads, Bridges and Ferries. A.M. 1778. 

of tiie said roads, respectively, shall have, use and exercise, all the pow- j, ^^^ 
ers and authorities for carrying this Act into execution, as are given to any (;;„,„,„',„_ 
other commissioners of high roads ; and shall, also, be subject and liable to 
the same fines and penalties as other commissioners of high roads are made 
subject and liable to by any Act or Acts of Assembly of this wState. 

V. And be it further enacted by the authority aforesaid, That in case 
the said commissioners, or any of them, respectively, or any other person 
or persons acting under their authority, shall he sued or prosecuted for any 
matter or thing by them to bo done in pursuance of the directions of this 
Act, it shall and may be lawful to and for the said commissioners, or other 
persons so sued or prosecuted, to plead the general issue, and to give this 
Act and the special matter in evidence ; any law, usage or custom to the 
contrary notwithstanding. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 

THOMAS BEE, Speaker of the General Assembly. 

In the Council Chamber, the I'i.d day of August , Ylll. 

Assented to : J. RUTLEDGB- 



AN ACT TO MAK£ AND KEEP IN KEPAIK A RoAD FROM NiNEXY-SiX Ho. 1064. 

Court House to the Mill of George Reed, on Long Cane 
- Creek, and from thence to Pratt's Millj on the North- west 
Fork of Long Cane; and also, from Joseph Wardlaw's to John 
Calhoun's Mill, on Coronaka, and from thence to Norwood's 
Mill, on Saxuda River. 

WHEREAS, the inhabitants on the west side of Saluda river, in the 
District of Ninety-Six, have, by their petition, prayed that a public road Preamble, 
may be laid out from Captain George Reed's mill, on Long Cane Creek, 
to Ninety-Six Court House, and from Ninety-Six Court House to John 
Calhoun's mill, at Coronaka. 

L Be it therefore enacted, by his Excellency John Rutledge, Esquire, 
President and Commander-in-chief in and over the State of South Caro-j^^^^ ^^^^ 
lirja, by the Honorable the Legislatiue Council, and the General Assembly i\ii„p,y six to 
of the said State, and by the authority of the same, That a public road be Lon^Cane 
laid out from Ninety-Six Court House to the mill of Captain George Reed, '^^ ' 
on Long Cane Creek, and from thence to Pratt's null, on the north-west 
fork of Long Cane. And that all male inhabitants, between the ages of 
sixteen and sixty years, from the Cherokee Old Road, to the south-west, and 
within four miles of the road to the south above Ninety-Six, shall be liable 
to make and keep in repair the said road from Ninety-Six to Reed's mill, 
and shall not be liable to work on any other road whatever. And that all 
the male inhabitants, from the age of sixteen to sixty years, within lour 



252 STATUTES AT LARGE 

A. D. 1778. Acts relating to Roads, BriSges and Ferries. 

miles on the north, and one mile and a half on the south side of the road 
from Reed's to Pratt's, be liable to work; make and keep in repair the said 
road ; and shall not be liable to work on any other road whatever. 

II. Knd be it further enacted by the authority aforesaid, That Captain 
Commissioners George Reed, John Wilson, John Wardlaw, John Moore, John Logan and 

Andrew Miller, be, and they are hereby appointed, commissioners to lay 
out and give directions for making and keeping in repair the said road. 

III. And he it further enacted by the authority aforesaid, That a public 
road be laid out from Joseph Wardlaw's to John Calhoun's mill, on Coro- 

Wardlaw's to naka, and from thence to Samuel Norwood's mill, on Saluda river. And 
Norwood's that all the male inhabitants, from the age of sixteen to sixty years, between 
'"'"• Saluda river and tlie Cherokee Old Road, above Ninety-Six, shall be liable 

to make and keep in repair the said road; and shall not be Hable to work 

on any other road whatever. 

IV. Ajid be it further enacted by the authority aforesaid, That Adam 
Commifsioners Crane Jones, Joseph Wardlaw, Francis Logan, John Calhoun, and Samuel 

Norwood, be, and they are hereby appointed, commissioners to lay out and 
give directions for making and keeping in repair the said road. 

V. knd be it further enacted by the authority aforesaid, That the com- 
missioners of the said roads, respectively, shall have the same powers and 

Comm'rs. authorities, and be under the same restrictions, in laying out, making and 
keeping in repair the said roads, as any other commissioners of the high 
roads and public paths in any other part of the Stat^ are invested with or 
subject to; any law, usage or custom to the contrary thereof in any wise 
notwithstanding. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 

THOMAS BEE, Speaker of the General Assembly. 

In the Council Chamber, the f)tk day of March, 1778. 

Assented to: J. RUTLEDGE. 



OF SOUTH CAHOLINA. 25.1 

Acts relating to Roads, Bridges and Ferries. ^. I). 1778. 

AN act for establishing a Fkrky over thk Watekki; River, at No. lU?:^. 

THE plantation OK JoSEPH MiCKLE , AND VESTING THE SAME IN THE 

SAID Joseph Mickle, and his Heirs, Executors, Administrators 
and Assigns, for the term of Fourteen years; and also, for 
dividing the Great Road on the north-east side of the said 
river, beginning at Rafton Cheek and running to the Boun- 
dary Line between this State and North Carolina, and ap- 
pointing Commissioners for the same; and also, for appointing , 
A Board of Commissioners for clearing the Wateree River 

AND keeping the SAME NAVIGABLE, BY AN ASSESSMENT ON THE IN- 
habitants, and lands uninhabited, within the district HEREIN 
MENTIONED, IN LIEU OF PERSONAL LABOR. 

WHEREAS, it is thought necessary to estabhsh a ferry over Wateree 
river, at the plantation of Joseph Mickle. 

I. Be it therefore enacted , by his Excellency Rawlins Lowndes, Esquire, 
President and Commander-in-chief in and over the State of South Caro- 
lina, by the Honorable the Legislative Council and General Assembly of 
the said State, and by the authority of the same. That immediately from p^rry over 
and after the passing of this Act, a public ferry be, and is hereby, esta- Wateree. 
blished at the lands of Joseph Mickle, in the parish of Saint Mark, over 
the Wateree river ; and that the said ferry shall be, and is hereby, vested in j\ijck.'e. '" ' 
the said Joseph Mickle, his heirs, executors, administrators and assigns, 
for and during the term of fourteen years. 

H. Knd he it also enacted by the authority aforesaid, That it shall and 
may be lawful to and for the said Joseph Mickle, his heirs, executors, ad- 
ministrators and assigns, to take and receive, for the ferrying over persons, *^°"'1'''°"^" 
their horses, carriages and cattle, at the said ferry, the following rates, 
and no more, that is to say : — for every single person, one shilling and three 
pence ; for a man and horse, two shillings and six pence ; for a horse and 
chair, or horse and cart, ten shillings ; for a four wheeled carriage and four 
horses, twenty-five shillings; for neat cattle, ferried or swam, per head, 
one shilling and three pence ; and for calves, sheep or hogs, ferried over or 
swam, per head, seven pence half penny, in the current money of this 
State. 

HL And be it further enacted by the authority aforesaid, That the said 
Joseph Mickle, his heirs, executors, administrators and assigns, shall al- 
ways, during the said term of fourteen years, keep and maintain a good 
and sufficient ferry boat or boats, for the purpose of transporting passen- 
gers, their servants, carriages, horses, neat cattle, hogs and sheep, over the 
said ferry, as well by night as by day. And that if any person coming to 
the said ferry shall meet with any unreasonable delay or be unnecessarily 
retarded in passing the said ferry, the said Joseph Mickle, his heirs, execu- 
tors, administrators and assigns, shall forfeit and pay, to the persons so de- 
layed, five pounds, current money, for every hour they shall be so delayed 
or retarded ; to be recovered before the nearest justice of the peace in the 
district of Camden. 

IV. And whereas, two Acts of Assembly, the one passed on the twenty- 
first day of April, in the year of our Lord one thousand seven hundred and 
fifty-three, and the other passed the ninth day of August, in the year of 



254 STATUTES AT LARGE 

A. D. JTTo. Acts relating to Roads, Brief ges and Ferries. 

our Lord one thousand seven hundred and sixty-five, for clearing and keep- 
ing the Wateree river navigable, are found insufficient, by reason of the 
deaths and removals of the commissioners therein named irom that district ; 
and also, by reason of the impracticability of doing the same by personal 
labor. Be it therefore enacted, by the authority aforesaid, That Joseph 
Commissioiieis ^^®'^^'^^^^' J^^^" Chesnut, Andrew Allison, Matthew Singleton, George 
for clearing Ogilvie, John Wily, John Millhous, Isham Moore, and Joshua English, be, 
Wateree river. ^^^ they are hereby appointed, commissioners to clear the said Wateree river, 
and keep the same navigable, pursuant to the said Acts; and that instead 
i> of doing the same by personal labor, the said commissioners be, and they 

are hereby, empowered, from time to time, to assess the inhabitants, and 
also, such lands and negroes as belong to non-residents, within the limits 
in the said Acts mentioned ; and to take all ways and means for the reco- 
very of such assessments as in such cases are usual. 

V, And whereas, it is found that the district on the east side of the Wa- 
teree river, in Camden District, is so extensive that one board of commis- 
Comiiiissioiiers s^Q^grs are not sufficient for keeping the roads therein in repair. Be it 

lor roB-us in . ... 

Camden Dist. therefore enacted by the authority aforesaid. That the said district, on the 
east side of the Wateree river, be divided ; and that Joseph Kershaw, John 
Wily, George Ogilvie, Henry Rugeley, John Millhous, Burwell Boykin, 
John Chesnut, William Kershaw, and William Boykin, be, and they are 
hereby appointed, commissioners for keeping all the roads in repair from 
Rafton Creek to Grany's Quarter Creek ; and that Henry Foster, George 
Douglas, William Massie, John Marshal, Andrew Baskin, George Ross, 
Robert Crawford, John Lowry, and Glass Caston, be, and they are hereby 
appointed, commissioners for keepirsg all the roads in repair from the said 
Grany's Quarter Creek to the boundary line between this State and North 
Carolina ; and that the said commissioners shall and may have all the 
powers and authorities given and granted, or meant and intended to be 
given and granted, in and by the former Acts for keeping the said roads in 
repair, and be subject and liable to like penalties. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 

THOMAS BEE, Speaker of the General Assembly, 

In the Council Chamber, the \&th day of March, 1778. 

Xssented to: RAWLINS LOWNDES. 



OF SOUTH CAROLINA. 2r,5 

Acts relating to Roads, Bridges and Ferries. A. I). 1778. 

AN ACT FOR LAYING OUT A RoAU BETWEEN CaTAWBA RIVEK AND No. 1086. 

Broad kiver; and i-or establishing a Ferry on the land.s ok 
Mathew Bigger. 

WHEREAS, a road properly laid out from Matlicvv Biggers fbrry, on 
Catawba river, to Talbert's ferry, on Broad river, will be very advantage. I'lemjible. 
ous to the inhabitants of the district called the New Acquisition : And 
whereas, the establishing a public ferry over the Catawba river, on the 
lands of the said Mathew" Bigger, will be very convenient to the said in- 
habitants and travellers in general : 

1. Be it therefore enacted, by his Excellency Rawlins Lowndes, Esquire, 
President and Commander-in-chief in and over the State of South Caro- P'^"!f'' f™'" ^'8- 
lina, by the Honorable the Legislative Council, and the General Assembly ^-j^ij^^^/^'^^gj^ 
of the said State, and by the authority of the same. That from and imme- 
diately after the passing of this Act, a public road shall be, and is hereby, 
established, between the said Mathew Bigger's ferry, on Catawba river, to 
Talbot's ferry, on Broad river, and the commissioners for the high-roads 
of the said district are hereby authorized and empowered to lay out the 
said road. 

n. And be it further enacted by the authority aforesaid, That from and 
immediately after the passing of this Act, a public ferry shall be, and is .^.^l"^^ ^^'"''' 
hereby, established, at the lands of Mathew Bigger, on Catawba river : Bigger's. 
and the said ferry shall be, and is hereby, vested in the said Mathew Bio-- 
ger, his executors, administrators and assigns, for and during the term of 
fourteen years. 

HL And. be it also enacted, by the authority aforesaid, That it shall and 
may be lawful to and for the said Mathew Bigger, his executors, adminis- Conditions, 
trators and assigns, to take and receive, for the ferrying over persons, their 
servants, carriages, horses and cattle, at the said ferry, the following rates 
and prices, and no more, that is to say : — for a foot passenger or single 
horse, one shilling and three pence ; a man and horse, two shillings and 
six pence ; a wagon and team, twenty shillings ; a cart and horses, fifteen 
shillings ; for black cattle ferried or swam over, one shilling and three 
pence per head ; lor every head of sheep or hogs so ferried or swam over, 
six pence, in the current money of this State. 

IV. And he it also enacted by the authority aforesaid. That the said 
Mathew Bigger, his executors, administrators and assigns, shall always, 
during the said term of fourteen years, keep and maintain a good and 
sufficient ferry boat, with two able bodied men to attend the said ferry, as 
well by night as by day, for the transporting of passengers, their servants, 
carriages, horses and cattle ; and if any person coming to the said ferry 
to pass over the same, shall meet with any unreasonable delav, or be unne- 
cessarily retarded in passing over the said ferry, the said Mathew Bigger, 
his executors, administrators and assigns, shall forfeit and pay to the per- 
son so delayed, the sum of forty shillings, current money; and incase 
such delay shall exceed one hour, the sum of twenty shillings, like money, 
for every hour afterwards ; to be recovered before any justice of the peace 
in the district called the New Acquisition, if sued for within ten days after 
the offence committed. 

V. And be it further enacted by the authority aforesaid. That no person 
or persons shall keep a public ferry within four miles of the said ferry on 
Catawba river, except such as are now, or may be hereafter, established by 
law, during the said term of fourteen years. 



256 STATUTES AT LARGE 

A.I). 1773. ji(.ig relating to Roads, Bridges and Ferries. 

VI. And be it furtlier enacted by the authority aforesaid, That the 
President and Commander-in-chief of this State for the time being, the 
Vice President for the time being, all ministers of the gospel, all persons 
on Sundays going to or returning from any place of divine worship, all 
persons going to or returning from muster, at any time appointed for the 
muster of the militia, and all persons going to and returning from the elec- 
tion of members of Assembly, or in time of alarm, and all troops in the 
Continental service, all expresses and messengers sent in the service of 
this State, and also all free Indians, are hereby exempted from paying any 
ferriage at the said ferry, for tiiemselves, their servants, carriages or hor- 
.ses ; any thing hereinbefore contained to the contrary notwithstanding. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 
THOMAS BEE, Speaker of the General Assembly. 

In the Cotincil Chamber, the 28th day of March, 1778. 

Assented to: RAWLINS LOWNDES. 



No. 1087. AN ACT for establishing several Ferries; and also for reviv- 

ING SEVERAL LaWS FOR THE ESTABLISHMENT OF SEVERAL OTHER 
FeRRIBS ; AND FOR OTHER PURPOSES THEREIN MENTIONED. 

WHEREAS, the accommodation and conveniency of well regulated 
Pieaiiible. ferries within this State, is essential to the commercial intercourse and 
prosperity of the same, and it is therefore necessary to establish several 
ferries under proper regulations, and to revive isevera! laws for the regula- 
tion of certain other ferries within this State : 

I. Be it therefore enacted, by his Excellency Rawlins Lowndes, Esquire, 
President and (^ommander-in-chief id and over the State of South Caro- 
lina, by the Honorable the Legislative Council and General Assembly of 
Ferry over the said State, and by the authority of the same. That from and immedi- 
po"g«rees at ^tely after the passing of this Act, a pul)lic ferry shall be, and is hereby, 
son and Friday! established over Congaree river, from the lands of Colonel William Thom- 
son, on the north, to lands of David Friday, on the south side thereof; 
that the said ferry shall be, and is hereby, vested in the said William 
Thomson and David Friday, respectively, their respective executors, ad- 
ministrators and assigns, for and during the term of fourteen years ; that 
it shall and may be lawful for the said William Thomson and David Fri- 
day, respectively, and their respective executors, administrators and assigns, 
to take and receive, for the ferrying over persons, their carriages, servants, 
horses and cattle, at the said ferry, the following rates of ferriage, and no 
other, that is to say : — for a foot passenger, one shilling and three pence ; 
for a man and horse, two shillings and six pence; for a loaded wagon, 
fifteen shillings ; for an empty wagon, ten shillings ; for any two wheeled 
carriages, ten shillings; for every head of neat cattle, horses, calves, sheep 
or hogs, ferried or swam over the said ferry, one sliilling and three pence, 
in the current money of this State ; and also, that the said William Thomson 



OF SOUTH CAROLINA. 2o7 

Acts relating to Roads, Bridges and Ferries. A. I). 1778. 

and David Friday, respectively, and their respective executors, admin- 
istrators and assigns, shall constantly, on their respective behalfs, during 
the said term of fourteen years, keep and maintain one good and sufficient 
ferry boat or boats, and other necessaries for the transporting passengers, 
their servants, carriages, horses and cattle, over the said ferry, as well by 
night as by day. 

n. And be it Jurfher enacted by the authority aforesaid, That the fol- 
lowing roads, on the north side of the said Congaree river, that is to say, Certain roads 
the North Carolina road, as far as Spear's creek; the road leading to ll*^^'*'"®'^ P"*^- 
Catawba river, as far as David Hay's, on the head of Cedar creek ; and 
the road leading up the river as low as RusseFs ferry, be, and they are 
hereby declared to be, public roads : and that Thomas Taylor, James Tay- 
Jor, William Strother, Nicholas Grub, William Reeves, Captain William 
Howell, John Kennerly, John Gill and Captain Robert Goodwin, be, and 
they are hereby appointed, commissioners to keep the same in repair. 

HI. And he it further enacted by the authority aforesaid, That all the 
male inhabitants, from the age of sixteen to sixty years, living within six 
miles on each side of the roads hereby established, shall be, and they are 
hereby, obliged to keep the same in repair ; and in case any of the inhabi- 
tants obliged by this Act to work on the said roads, shall neglect or refuse 
to do the same, they, and every of them, shall be liable to the same fines 
and forfeitures as any persons l)y Act of the General Assembly of this 
State for making and keeping roads in repair are. 

IV. And he it further enacted by the authority aforesaid, That in case 
any of the commissioners in this Act named, shall happen to die, depart 
the State, or refuse to act, then it shall and may be lawful for the other 
commissioners, or a majority of thorn, respectively, to nominate and ap- 
point another person or persons, to be commissioner or commissioners, in 
the room of him or them so dying, departing the State, or refusing to act ; 
and the person or persons so chosen, shall be vested with the same powers 
and authorities as the commissioners hereby appointed. 

V. knd he it further enacted by the authority aforesaid, That from and 
immediately after the passing of this Act, a public ferry shall be, and is .^'^'JOJit Ciian- 
hereby, established from Chaning's Point, in this State, to Mr. Rae's, in ° ° 

the State of Georgia, and that the same is hereby vested in John Chan- 
ing, his executors, administrators and assigns, for the term of seven years ; 
and that the said John Chaning, his executors, administrators and assigns, 
shall take the following, and no other, rates or prices, for the said ferry, 
that is to say : — for a foot passenger, ten shillings ; for each man and 
horse, twenty shillings ; for each chair, chaise or cart and one horse, thirty 
shillings ; for every charriot or coach and two horses, fifty shillings ; and 
for every head of neat cattle, ten shillings ; and also, that the said John 
Chaning, his executors, administrators or assigns, shall constantly keep, in 
good order and repair, two good and sufficient ferry boats, and other neces- 
saries for transporting passengers, their servants, carriages, horses and 
cattle, over the said ferry, by night as well as by day. Also, that the road 
leading from Charleston to Purysburgh shall be continued to the said 
ferry, and likewise a road from New River bridge, to intersect the said j^^^^jg jj^g^^j^^ 
road, shall also be laid out by the commissioners hereinafter appointed for 
that purpose; which roads are hereby declared public roads; and that 
Robert Dillon, John Lewis Buche, Joachim Hardstone, David Heal, Rich- 
ard Pendarvis, Matthew Patterson and John Lewis Bourquin, are hereby 
declared commissioners for that, and keeping the said roads in repair. 
VOL. IX— 33. 



258 STATUTES AT LARGE 

A. D. 1778. j{^;fg relating to Roads, Bridges and Feirie.s. 

VI. And be it further e««f^efZ by the authority aforesaid, That all male 
slaves, from the age of sixteen to sixty years, living to the south and east- 
ward of the road leading from Purysburgh to New River bridge, shall be 
obliged to work on and repair the said road, whenever and for such time as 
the said commissioners shall deem it necessary. v 

VII. And be it further enacted by the authority aforesaid, That from 
Ferry over Pee and immediately after the passing of this Act, a public ferry shall be, and 
Vested in F. is hereby, established over great Pee Dee river, on lands belonging to 
Port. Frances Port, and that the same is hereby vested in the said Frances 

Port, her executors, administrators and assigns, for the term of seven 
years; and the said Frances Port shall take the following, and no other, 
rates or prices, for ferriage over the said ferry, that is to say, all the rates 
to the first landing place shall be as follows, and no more, to wit : — for a 
foot passenger, or a single horse, fifteen pence ; for a rider and horse, two 
shillings and six pence ; for a horse and chaise, seven shillings and six 
pence ; cart and team, ten shillings; wagon and team, twenty shillings; 
cattle and horses swimming over, per head, one shilling ; hogs or sheep, per 
head, six pence, — and all rates to the second landing place shall be as 
follows, and no more, that is to say : — for a foot passenger, or single horse, 
two shillings and six pence ; for a rider and horse, five shillings ; for a 
horse and chair, thirteen shillings and six pence ; for a cart and team, 
fifteen shillings ; wagon and team, twenty-five shillings ; cattle and horses 
per head swimming, one shilling and six pence ; hogs or sheep, per head, 
nine pence, — and also all rates to the third landing place, at Sandy creek, 
shall be as follows, and no more, that is to say : — for a foot passenger, five 
shillings ; a rider and horse, ten shillings ; horse and chair, fifteen shill- 
ings ; cart and team, twenty shillings ; wagon and team, thirty-two shill- 
ings and six pence ; cattle and horses swimming, per head, two shillings ; 
hogs or sheep, per head, one shilling, — and also all rates from bluff" to 
bluff, shall be as follows, and no more, that is to say : — for a foot passen- 
ger, six shillings and three pence ; rider and horse, twelve shillings and 
six pence ; horse and chair, twenty shillings ; cart and team, twenty-five 
shillings; wagon and team, thirty. five shillings ; cattle and horses swim- 
ming, per head, two shillings and six pence ; hogs and sheep, per head, 
one shilling and six pence. And also, that the said Frances Port, her exe- 
cutors, administrators and assigns, shall constantly, during the seven years, 
keep and maintain at least two good and sufficient ferry boats, and other 
necessaries for the transporting of passengers, their servants, carriages, 
horses and cattle, over the said ferry, as well by night as day. Also, that 
a road leading from the said ferry from the north-east side of Great Pee 
Dee river through the swamp, be laid out and carried through the said 
swamp, and continued from thence to Mr. Fowley Dawson ''s, by the com- 
missioners hereby and hereinafter named and to be appointed. And also, 
that a road be laid out and continued from the opposite side of the said 
Roads thereto. x\\er, by the said commissioners hereby to be appointed, to Witherspoon's 
ferry, on Lynch''s creek ; which roads are hereby deemed and declared 
public roads. 

VIII. Knd be it further enacted by the authority aforesaid, That WiUiam 
Who to work Snow, Hugh Giles and John Irvine, are hereby named and appointed 
on them. commissioners to lay out the said roads, and shall keep the same in repair ; 

and that all male inhabitants, from the age of sixteen to sixty years, within 
six miles of each of the said roads, shall, and are hereby declared to, be 
obliged to work on the said roads respectively near which they shall so 



OF SOUTH CAROLINA. 859 

Acts relating to Roads, Bridges and Ferries. A. D. 1778. 

Jive as aforesaid, whenever the said commissioners shall declare the same 
necessary, and summon each inhabitant so to do. 

IX. A /id be it further enacted by the authority aforesaid, That from and 
immediately after the passing of this Act, a public ferry shall be, and •Sp'errvover 
hereby, established over Little Pee Dee river, on lands of James Johnston little l^ee Dee. 
on the said river, at the place where a ferry is now kept by the said James 
Johnston, and shall be, and is hereby, vested in the said James Johnston, J^*^'®'' '" •'• 
his executors, administrators and assigns, for the term of fourteen years ; 

and that the said James Johnston, his executors, administrators and assigns, 

shall and may take and receive, for ferrying over the said ferry persons, 

their carriages, servants, horses and cattle, at the said ferry, the following 

rates, that is to say : — for a foot passenger, fifteen pence ; for a man and 

horse, two shillings and six pence ; for a loaded wagon, twenty shillings ; 

for an empty wagon, fifteen shillings; for any two wheeled carriage, seven 

shillings and six pence ; for every head of neat cattle, horses, calves, sheep 

or hogs, ferried or swam over, one shilling, current money ; also, that the 

said James Johnston shall constantly, during the said term of fourteen 

years, keep and maintain one good and suflicient ferry boat, and other 

necessaries for the transporting passengers, their servants, carriages, iiorscs 

and cattle, over the said ferry, as well by day as night. And also, that a 

road shall be laid out and established from the north side of the said river I^o'^'^s thereto. 

through the swamp to Mr. Jordan's, by the commissioners hereinafter 

to be named for that purpose ; and that another road from the south side 

of the said river be also laid out and established by the said commissioners 

to Mr. Fletcher's ; which roads are hereby declared to be public roads. 

X. And be it further etiacted hy ihh authority aforesaid, That William 

Snow, Hugh Giles and John Irvine, be, and are hereby declared, commis- ^yj^ ^^ ^^^y 
sioners to lay out and keep the said roads in repair ; and that all the male oq them, 
inhabitants and slaves, from sixteen to sixty years, living within six miles 
of the said roads, shall be, and are hereby declared to be, obliged to work 
on the said roads, for the laying out and repairing the same, whenever the 
commissioners appointed by this Act for la3'ing out or keeping the same 
in repair shall judge necessary. 

XI. And he it further enacted by the authority aforesaid, That imme- 
diately after the passing of this Act, a public ferry shall be, and is hereby, ., 
established on Saluda river, near the place where a ferry formerly vested Saluda at the 
by law in Robert Cunningham, was established j at a place called the Island Island Ford. 
Ford, about a quarter of a mile above the falls ; and that the said ferry 

shall be, and is hereby declared to be, vested in Colonel James Mayson, 
his executors, administrators and assigns, for the term of seven years ; and 
from and after the expiration of the said term, the said ferry shall be, and 
is hereby declared to become, vested in the said James Mayson and James 
Crcswell, jointl}', then- and each of their respective executors, administra- 
tors and assigns, as tenants in common, for the further term of seven 
years; the said James Mayson, his executors, administrators and assigns, 
keeping the said ferrv on the side whereof he is now owner and proprietor 
of the land, for the snid last mentioned term ; and the said James Cres- 
well, his executors, administrators and assigns, keeping the said ferry at 
the other side, and whereof he is now owner and proprietor of the land, for 
the said last mentioned term ; and that the said James Mayson, his execu- 
tors, administrators and assigns, for the said first mentioned term of seven 
years, the said James Mayson and James Creswell, their and each of their 
executors, administrators and assigns, for the said last mentioned term of 



260 



STATUTES AT LARGE 



A. D. 1778. 



Acts relating to Rvads, Bridges and Ferries. 



Who to work 
on them. 



seven years, shall take and receive the following rates of ferriage, for fer- 
rying over persons, their carriages, servants, horses and cattle, at the said 
ferry, and no more, that is to say : — for a foot passenger, fifteen pence; 
for a man and horse, two shillings and six pence ; for a loaded wagon, 
twenty shillings ; for a wagon and team, thirty-two shillings and six pence ; 
for any two wheeled carriage, fifteen shillings; for every head of neat 
cattle, horses, calves, sheep or hogs, ferried or swam over the said ferry, 
one shilling and three pence; and also, that the said James Mayson, his 
executors, administrators and assigns, for the said first mentioned term of 
seven years, and the said James Ma)'son and James Creswell, their and 
each of their executors, administrators and assigns, for the said last men- 
tioned term of seven years, shall keep two good and sufficient ferry boats, 
and other necessaries for the transporting passengers, their servants, car- 
riages, horses and cattle, over the said ferry, as well by night as day. 
And also, that the roads leading to and from each ferry, hitherto laid out 
Roads thereto, and deemed public roads, by any law which established and vested the 
said ferry in the said Robert Cunningham, shall forthwith hereafter be 
repaired, and constantly kept in good older, by the commissioners herein- 
after named for that purpose, and are hereby deemed public roads. 

XII. And be it further enacted by the authority aforesaid, That James 
Moore, John Moore, William ."\[oore, Thomas Wilson, William Anderson, 
James Williams, John Williams and Robert Gillam, be, and are hereby 
appointed, commissioners to keep the same in repair ;. and that all male 
inhabitants or slaves, from the age of sixteen to sixty years, being within 
six miles of the said last mentioned roads, shall be, and are hereby, obliged 
to work on the same, and repair the same, whenever the commissioners of 
such roads, hereby appointed and to be appointed, shall direct. 

XIII. And he it further enacted by the authority aforesaid, That all 
mala inhabitants, liable by this Act to work on any of the roads therein 
mentioned, who shall neglect or refuse to do the same, shall, for every 
day's neglect or refusal of so doing, forfeit and pay the sum of five 
pounds ; and every person having slaves who are liable to work on any of 
the roads in this Act mentioned, and shall neglect or refuse to send any of 
such slaves to work on such road on which they are liable to work by this 
Act, shall, for every day's neglect or refusal to send each of such slaves, 
forfeit and pay the sum of twenty shillings. 

XIV. And be it further enacted by the authority aforesaid, That in case 
any of the commissioners in and by this Act named, and to be named, for 
any of the roads therein mentioned, shall happen to die, depart the State, 
or refuse to act, then it shall and may be lawful for the other of such 
commissioners, or a majority of them, respectively, for any of such roads, 
to nominate and appoint another person or persons, to be commissioner or 
commissioners for such road, in the room of him or them so dying, depart- 
ing the State, or refusing to act ; and the person and persons so chosen, 
shall be invested with the same powers and authorities as the commission- 
ers of any such road hereby appointed. 

XV. And be it further enacted by the authority aforesaid, That the 
commissioners herein named for any of the roads in this Act mentioned, 
and others to be appointed by them, respectively, for such road or roads, 
or a majority of them, shall have all the power and authority, by warrant 
under hand and seal, to levy, and cause to be paid, any of the fines incur- 
red by this Act ; and to exercise all and as full powers and authorities for 
carrying this Act, or any part thereof, respecting such commissioners, 



Penalty for 
neglect. 



Vacancies. 



Powers of 
Comm'rs. 



OF SOUTH CAROLINA. 261 

Acts relating to Roach ^ Bridges and Ferries. A. 0.1778. 

into execution, as are vested in any other commissioners of higli roads, by 
any law of tliis State. 

XVI. And tchereas, an Act of the General Assembly of this State, pass- 
ed the twenty-ninth day of May, one thousand seven hundred and sixty- 
two, for establishing a ferry from the plantation of George Roupell, 
Esquire, called Patterson's Point, on Port Royal Is'and, to the land of 
Joshua Morgan, on Indian land, and vesting the same in the said George 
Roupell, his executors, administrators and assignsj for the term of ten 
years ; and for establishing another ferry on the land of the said Morgan, 
to the said Island, and vesting the same in the said Morgan, for the like term, 
is expired, and it is necessary that the said ferries be kept up and continu- 
ed, under proper regulations. Be it therefore enacted by the authority afore- 
said, That the said Act shall henceforth be, and is hereby, revived and Act No. 921, 
continued, and declared to be of full force for the further term of seven ''°^'\®'' ^'"^ 
years, m like manner as it the same had not been expired, but was ex- 
pressly limited to continue for the said seven years from the passing of 

this Act ; except such part of the same as vested the said ferry in Joshua 

Morgan, deceased, which is hereby vested in Daniel DeSaussure, Esquire, ^ 

his executors, administrators and assigns, in trust for William Obrien, a 

minor, now heir at law to the land from whence the said ferry is fixed ; 

any thing herein contained to the contrary notwithstanding. 

XVII. And be tt further enacted by the authority aforesaid. That it 

shall not be lawful for any person or persons whomsoever, keeping any Rates of fer- 

ferry in this State, and usually transporting any passengers or travellers "^S^ '■^g"^'^^" 

over the same, to take any rates of ferriage, any other or greater sum or 

sums of money or reward whatever, for transporting any travellers, their 

servants, carriages, horses and other effects, over any such ferry, than are 

allowed for the same by the last Act of Assembly establishing such ferry, 

or regulating such rates of ferriage, notwithstanding any such Act of Assem- 

bly being expired at the time of passing this law, on pain that every per^ 

son so offending, shall, for every such ofTence, forfeit and pay the sum of 

twenty pounds, current money, to be recovered before any justice of the 

peace for the district where such offence is committed, on information 

thereof, in like manner as recoveries are had in causes small and mean. 

And also, that every such person keeping any such ferry, shall be liable to 

all the pains and penalties inflicted for detaining passengers or travellers 

applying for passage over the same, in like manner as if the law by which 

such ferry was so established had not been expired ; to be recovered before 

any justice of the peace, in like manner as recoveries are had in causes 

small and mean. 

XVIII. And whereas, great inconveniencies have arisen in several 
parishes and districts in this State, for want of a power being vested in the 
several boards of commissioners authorizing them to parcel out the said 
roads in such parishes and districts to and amongst the inhabitants and 
others liable to work on high-roads, in more equal and convenient allot- 
ments. Be it therefore enacted hy the authority aforesaid, That from and 

after the passing of this Act, it shall and may be lawful to and for the Comm'rs. may 
several boards of commissioners throughout this State, to parcel out the j-'o^jg ''"^ ^^ 
high-roads under their charge, respectively, among such of the inhabitants, 
and others liable to work on high-roads, in such equal, convenient and just 
allotments and proportions, as they shall judge proper ; and the several 
persons aforesaid shall be obliged to keep in good order and repair the 



262 STATUTES AT LARGE 

A.D. I77<3. ^cts relating to Roads, Bridges and Ferries. 

said roads so allotted them, respectively, under the same fines and penal- 
ties now imposed on any persons neglecting to work on high-roads, as by 
law are subject ; any law, usage or custom, to the contrary thereof not- 
withstanding. 

XIX. And be it further enacted by the authority aforesaid, That in case 
General issue any of the said commissioners, or any other person or persons acting under 
Hmy e p ead- jj^gj^ authority, shall be sued or prosecuted for any matter or thing by them, 
or any of them, to be done, by virtue of or in pursuance of the directions of 
this Act, it shall and may be lawful to and for the said commissioners and 
the person or persons so sued or prosecuted, to plead the general issue, and 
to give this Act and the special matter in evidence ; any law, usage or 
custom, to the contrary notwithstanding. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 
THOMAS BEE, Speaker of the General Assembly. 

In the Council Charnber, the 2Sth day of March, 1778. 

' Assented to : RAWL-INS LOWNDES. 



No. 1100. An ACT for establishing a Ferky over Savannah River, from 

THE TOWN of PuRYSBUGH, IN THIS StATE, TO AbERCORN OR 
JOSEPHTOWN, IN THE StaTB OF GeORGIA, AND FOR VESTING THE 

SAME IN John Vauchier, his Executors, Administrators and 
Assigns, for the term therein mentioned. 



Preamble. 



WHEREAS, a ferry from the town of Purysburgh, over Savannah 
river, to Abercorn or Josephtown, in the State of Georgia, hath been 
found very convenient for travellers, but the same not being established 
by law, no rates of ferriage have been ascertained. 

L Be it therefore enacted, by his Excellency Rawlins Lowndes, Esq., 

President and Commander-in-chief in and over the State of South Carolina, 

Ferry from by the Honorable the Legislative Council and General Assembly of said 

Abercorn'^'' *°^^^^^' ^"^ ^y ^^^ authority of the same. That the ferry from the town of 

Purysburgh, over Savannah river, to Abercorn or Josephtown, in the State 

of Georgia, shall be, and is hereby declared to be, an established ferry, 

Vested in J. and shall be, and is hereby, vested in John Vauchier, his executors, 

Vaucliier. administrators and assigns, for and during the term of seven years from the 

time of passing this Act, and from thence to the end of the next session of 

the General Assembly, and no longer. 

H. And be it further enacted by the authority aforesaid. That it shall 
Conditions ^"^ "^^^ ^^ lawful to and for the said John Vauchier, his executors, 
administrators and assigns, during the said term, to demand, have, receive 
and take, to his and their own proper use, from all person or persons pass- 
ing or repassing at the said ferry, the several rates and sums following, 
in the current money of this State ; for every foot passenger, twenty. 



OF SOUTH CAROLINA. 2G3 

Act.? relating to Roads, Bridges and Ferries. A. D. irra 

five shillings ; for every horse, thirty-two shilUngs and six pence ; for 
{in empty cart, forty shiUings ; for a loaded cart, three pounds; for an 
empty wagon, four pounds ; for a loaded wagon, six pounds ; for a riding 
chair or chaise, fifty shillings ; for a charriot, coach, or other four wheel 
carriage, not hereinhefore mentioned, six pounds. 

III. And be it fwrther enacted by the authority aforesaid. That the said 
John Vauchier, his executors, administrators and assigns, shall be, and 
they are hereby, obliged and required, constantly to attend and provide 
and keep in repair two good and sufficient boats, for carrying and trans- 
porting over the said river, passengers, horses, carts, waggons, chairs and 
four wheeled carriages, and also four able men who shall constantly attend 
the said ferry, at all times of the day and night throughout the year, to 
transport and carry over all passengers, horses and carriages as aforesaid. 
And in case any persons shall meet with unreasonable delay, or be retarded 
in their passing at the said ferry for want of the ferry boat or boats, or 
the persons who are hereby required to attend the said ferry, the said John 
Vauchier, his executors, administrators or assigns, shall forfeit and pay, for 
every such delay, to the party grieved, the sum of five pounds for the first 
hour, and the further sum of ten pounds for every hour afterwards ; which 
sum or sums shall and may be recovered, on oath made of such delay, by 
warrant from any justice of the peace, who, on complaint made to him, 
shall hear and determine the same, according to the powers given him by 
law for the trial of small and mean causes ; so as such complaint be made 
by the party grieved within ten days after the offence committed. 

IV. k.nd he it further enacted by the authority aforesaid, That the said 
John Vauchier, with the four persons attending the ferry as aforesaid, 
shall be, and are hereby, exempt from all other public services whatso- 
ever. 

V. And. he it enacted by the authority aforesaid. That it shall not be 
lawful for any person or persons, residing within two miles of the said John 
Vauchier's ferrying place, in Purysburgh", to ferry and transport any pas- 
sengers, horses, carts, wagons or other carriages, into the State of Georgia. 
Provided, ahvays, nevertheless, that nothing herein contained shall be con- 
strued to prevent residents within the above limits from passing and repass, 
ing in their own or neighbours boats to the State of Georgia. 

HUGH RUTLEDGE, Speaker of the Legislative Council. 
THOMAS BEE, Speaker of the General kssemhly. 

In the Council Chamher, the 28th day of September , 1778. 

Assented to: RAWLINS LOWNDES. 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

No. 1105. ^^ ACT FOR ESTABLISHING A RoAD FROM SlANN's, DoRCHESTER, OR 

Bacon's Bridge, to Wort's Ferry, and from thence I'o divers 

OTHER PLACES, UNTIL IT SHALL INTERSECT THE RoAD LEADING FROM 

':. THE Ferry near Fort Moore to Ciiarlestown. 

WHEREAS, the inhabitants living in the interior and on the frontier 

Preamble, parts of this State, labour under great disadvantages for the want of proper 

roads through this State. And whereas, the Grand Jury of the district of 

Ninety-Six, have, by their presentment, requested that a law may be passed 

to remedy the same. 

I. Beit therefore enacted, by his Excellency Rawlins Lo\v;ndes, Esquire., 
President and Commander-in-chief in and over the State of South Carolina, 
by the Honorable the Legislative Council and General Assembly of the 
es"tab[islied!'*' ^^^^ ^i^^c, and by the authority of the same, That George Ford, William 
Dewitt, Richard Walter, Benjamin Coachman, Jr., and Humphrey Som- 
mers, be, and they are hereby appointed, commissioners for laying out, 
making and keeping in repair, and they are hereby authorized, empowered 
and required, to lay out, make and keep in repair, a public road to lead 
from Slann's, Dorchester, or Bacon's bridge, as the commissioners may 
think expedient, the best and most direct way to Edisto river, at or near 
Wort's ferry. That William Mall, Joseph Cogger, Solomon Gray, John 
Ward, and James Cooper, be, and they are hereby appointed, commis- 
sioners for laying out, making and keeping in repair, and they are hereby 
authorized, impowered and required, to lay out, make and keep in repair, a 
public road from the south side of Edisto river, opposite the last mentioned 
road, at or near Wort's ferry, to the plantation of Solomon Gray. That 
Lev/is Box, Patrick Cain, Samuel Padgett, George Pettis, and Richard 
Blackledge, be, and they are hereby appointed, commissioners for laying 
out, making and keeping in repair, and they are hereby authorized, 
empowered and required, to lay out, make and keep in repair, a public 
road from the plantation of Solomon Gray, aforesaid, to the plantation of 
Joseph Sykes. That George Robinson, Michael Odom, Henry Peoples, 
James Fair, and Joseph Turner, be, and they are hereby appointed, com- 
missioners for laying out, making and keeping in repair, and they are 
hereby authorized, empowered and required, to lay out, make and keep in 
repair, a public road from the plantation of the said Joseph Sykes, to or 
near the plantation of Michael Odom, and from thence by the best and 
shortest way, to or near the plantation of Elijah Maredi Baillie. That 
Francis Sinkfield, Benjamin Hatcher, Joel McClendall, Arthur Simkins, 
and Van Sweringham, be, and they are hereby appointed, commissioners 
for laying out, making and keeping in repair, and they are hereby author- 
ized, empowered and required, to lay out, make and keep in repair, a 
public road from or near the plantation of Elijah Meredi Baillie, aforesaid, 
by or near the pine-wood house, and from thence, by or near Charles 
Williams's old house, to Turkey creek. That John Purvis, Robert Bryan, 
David Maxwell, William Perin, and Archibald Murray, be, and they are 
hereby appointed, commissioners for laying out, making and keeping in 
repair, and they are hereby authorized, empowered and required, to lay 
out, make and keep in repair, a public road from Turkey creek, aforesaid, 
by the nearest and best way, to the old wagon road below Ross's Mill, on 
Long Canes. That Colonel Andrew Williamson, James Harrison, Patrick 
Gibson, David Hunter, and Samuel Anderson, be, and they are hereby 



OF SOUTH CAROLINA. 265 

Acts relating to Roads, Bridges and Ferries. A. I). 1778. 

appointed, commissioners for laying out, making and keeping in repair, 
and they are hereby authorized, empowered and required, to lay out, make 
and keep in repair, a pubHc road, from the old wagon road aforesaid, near 
the Indian Camp, by (he nearest and best way, till the same shall intersect 
the road leading to Fort Independence, at «r near Turkey creek. That 
Richard Thredway, David Green, David Zubly, Andrew Burney, and 
Thomas Lamar of Horse creek, be, and they are hereby appointed, com- 
missioners for laying out, making and keeping in repair, and they are 
hereby authorized, empowered and required, to lay out, make and keep in 
repair, a public road, from New Windsor or Fort Moore's Bluff, into the 
road near the White Ponds, at the head of Tinker's creek. That George 
Whitelield, William Cannon, John Cowen, Mathew Briand, and John 
Berksdale, be, and they are hereby, authorized, empowered and required, 
to lay out, make and keep in repair, a public road, from the settlement 
above Fort Charlotte across Long Canes, below New Bourdeaux. That 
Hugh Middleton, \Villiam Tudor, Drury Pace, James Davis, and James 
Carson, be, and they are hereby, authorized, empowered and required, to 
lay out, make and keep in repair, a public road from Long Canes, down 
the ridge between Savannah river and Stevens's creek, to Carson's ford. 
And, that Colonel LeRoy Hammond, John Carter, John Hancock, William 
Covington, Jr., and Captain John Hammond, be, and they are hereby, 
authorized, empowered and required, to lay out, make and keep in repair, 
a public road, from Carson's ford, aforesaid, to Bibbin's bridge, on Horse 
creek, and from thence, by the nearest and best way, until the same shall 
intersect the road which leads from the ferry near Fort Moore to Charles- 
town. 

II. And he it further enacted by the authority aforesaid, That all the 
male inhabitants, from the age of sixteen to sixty years, living within five 

miles of each of the roads hereby directed to be laid out and made public, ^^^° ?1 *'*"'.'* 
except from Sykes's to Meredi Baillie's, aisd fromSykes's to Meredi Baillie's, 
within fifteen miles on each side of the said road, shall be, and they are 
hereby, obliged to make the said respective roads, and keep the same in 
repair, according to the laws and usages of this State. Provided, always, 
nevertheless , that nothing in this Act contained shall oblige any person or 
persons who shall reside on the opposite side of any river to any of the 
.said roads, to work on the same ; but all and every such peison and per- 
sons is and are l>ereby exempted from working on the same, although he or 
they may reside within five miles of any of the said roads. And provided 
also, that no person who shall live within five miles of any of the respec- 
tive roads above directed to be laid out, and also, within five miles of any 
other public road, shall be obliged to work on both roads; but in all and 
every such case and cases, the commissioners of the said roads, respective- 
ly, shall cause one half the male inhabitants who shall be thus situated 
and liable to work on the said roads, to work on the road or roads on which 
they are now liable to labor; and the other half of the said inhabitants to 
work on such of the r^ad or roads they are respectively obliged to work on 
and keep in repair by this Act. And in case any of the inhabitants obliged 
by this Act to work on the said roads, shall neglect or refuse to do the 
same, they, and every of them, shall be liable to the same fines and for- 
feitures and modes of recovery, as any persons by any Act of the Gene- 
ral Assembly for making roads are. 

III. And be it further enacted by the authority aforesaid, That in case 
any of the commissioners by this Act named shall happen to die, depart 

VOL. IX— 34. 



266 STATUTES AT LARGE 

A. D. 1778. j^/5 relating to Roads, Bridges and Ferries, 

this State or refuse to act, then it shall and may be lawful for the other 
Vacancies. • • • -^ r ^i ^- i . i .i 

commissioners, or a majority oi them, respectively, to choose another per- 

son or persons to be commissioner or commissioners, in the room of him or 

them so dying, departing this State or refusing to act; and the person or 

persons so chosen, shall be invested with and have the same powers and 

authorities as the other commissioners hereby nominated and appointed. 

I\ . Atid be it farther enacted by the authority aforesaid, That the com-' 

Poweirs of missioners herein named, and others to be appointed by them, respectively^ 

Comm rs, or a majority of them, shall have, use and exercise, all the powers and 

authorities for putting thi^j Act into execution, which are given to any 

commissioners of high roads, and be subject to the same penalties as are 

inflicted on any commissioners of high roads, by any Act of the General 

Assembly of this State. 

V. Knd be it enacted by the authority aforesaid, That so much of an Act^ 
Partof Act No, passed the seventh day of April, one thousand seven hundred and seventy^ 
995 repealed, as establishes a wagon road from the Indian Camp to the Long Cane Road 

below Cufleetown, be, and the same is hereby declared to be, repealed and 
made null and void, to all intents and purposes whatsoever. 

VI. Pi.7id he it further enacted by the authority aforesaid. That in case 
General issue ^"y °^ ^^^ ^^^^ commissioners, or any other person or persons acting under 
maybe plead- their authority, shall be sued or prosecuted for any matter or thing by them 
^^' to be done by virtue of or in pursuance of the directions of this Act, it 

shall and may be lawful to and for the said coniniissioners, and other per- 
sons so sued or prosecuted, to plead the general issue and give this Act and 
the special matter in evidence; any law, usage or custom to the contrary 
notwithstanding, 

HUGH RUTLEDGE, Speaker of the Legidative CounciL 
THOMAS BEE, Speaker of the General Assembly. 

In the Council Chamber, the %th day of October, 1778. 

kssented to: RAWLINS LOWNDES. 



No. 1134- AN ORDINANCE for kstablishing a Ferry over Santee Rivbk^ 

AT THE plantation OF THE LATE PeTER MaNIGAULT, EsQUIRE, AND 
LAYING OUT SEVERAL RoADS FROM THE SAID FERRY ; AND ALSO, FOB 
establishing ANOTHER FeRRY OVER SaNTEE RiVER, AT THE PLAN- 
TATION OF Tared Neilson, Esquire ; and for other purposes 

THEREIN mentioned. 

WHEREAS, the inhabitants of Camden district have, by their petition 
Prea bl '^ ^^^^ General Assembly, set forth the general utility and advantage that 
would arise to all persons travelling from that district and North Carolina 
to Charlestown, if a ferry was established at the plantation of the late 
Peter Manigault, Esquire, deceased, on Santee River, where one was for- 
merly kept, and roads laid out in manner as mentioned in the said 



OF SOUTH CAROLINA. 267 

Acts relating to Roads, Bridges and Ferries. A.. I). 1779. 

petition — and have, therefore, prayed that a law might be enacted for 
those purposes. 

I. Be it therefore ordained by the Honorable the Senate and House of 
Representatives, now met and sitting in General Assembly, and by the 
authority of the same, That from and immediately after the passing of thispp^^y ^^^^ 
Ordinance, a public ferry shall be, and is hereby, established over Santee Saniet-, at 

river, from the lands that v.'cre the said Peter Manigault''s, deceased, where ■^^^'"§"."'';1*' 

o _/ ' vpstt'd in (jr. 

a ferry was formerly kept, on the south side of the said river, to the lands ^lanigault, 
that were the said Peter Manigault's, on the north side thereof; and the ""ustee, 
said ferry is hereby vested in Gabriel Manigault, Esquire, his executors., 
administrators and assigns, in trust, for the heirs or devisees of the said Pe- 
ter Manigault, for and during the term of three years from the passing 
hereof. And it shall and may be lawful for the said Gabriel Manigault, his 
executors, administrators and assigns, in trust as aforesaid, to take and re- 
ceive, for the ferrying over persons, their carri;iges, servants, horses and 
cattle, at the said ferry, the rates of ferriage hereinafter mentioned, viz: — Conditiona. 
foT a foot passenger or single horse, five shillings; for a man and horse, 
ten shillings ; for a wagon, empty or loaded, and team, and for any other 
four wheeled carriage, three pounds five shillings; for any two v/heeled 
carriage and horse, thirty-two shillings and six pence ; for every head of 
neat cattle, ferried or swam, five shillings; calves, sheep or hogs, ferried 
or swam, two shillings and six pence, over the said river, in the current 
money of this State. And when the freshes are so high that the landing 
place on the north side of the said river is covered with water, so as that 
passengers must be transported from high land to highland, on each side of 
the said river, then it shall and may be lawful for the said Gabriel Mani- 
gault, his executors, administrators and assigns, in trust as aforesaid, during 
the said term, to ask, demand, sue for, recover and receive, from every 
person passing over the said ferry, the several rates and prices hereinafter 
mentioned, that is to say : — for a foot passenger or single horse, ten shill- 
ings; for a man and horse, twenty shillings; for a wagon, empty or load- 
ed, and team, and for every other four wheeled carriage, six pounds ten 
shillings ; for every two wheeled carriage and horse, three pounds five shill- 
ings ; for every head of neat cattle, ferried or swam, ten shillings ; for 
every head of calves, sheep or hogs, ferried or swam, five shillings, in the 
current money of this State. 

n. And he it further ordained by the authority aforesaid. That the said 
Gabriel Manigault, his executors, administrators and assigns, within one 
month from the passing of this Ordinance, shall provide and keep at the 
said ferry, during the term aforesaid, good and substantial ferryboats, with 
a sufficient number of servants to attend the same, as well by night as by 
dtiy, for the transporting of persons, their carriages, servants, horses and 
cattle, over the said ferr}-. And if any person or persons coming to the 
said ferry shall meet with any unreasonable delay thereat, for want of a 
boat or servants to transport him or them, his or their carriages, servants, 
horses or cattle, over the said ferry, in every such case, he, the said Gabriel 
Manigault, his executors, administrators and assigns, shall, to every person 
so delayed, forfeit, for every hour, the sum of twenty pounds, current mo. 
ney ; to be sued for, levied and recovered, in manner as directed by the 
Act for the trial of small and mean causes. Provided, that the said for- 
feiture be sued for within ten days after the said delays shall happen. 

HI. Xnd be it fo,rlher ordained by the authority aforesaid. That Wil- 
liam Richardson, Jacob Christopher Zahn, and Ishnm Moore, Esquires, 



268 STATUTES AT LARGE 

A. D. 1779. Acts relating to Roads, Bridges and Ferries. 

and Mr. Levi Moore, and Mr. Samuel Bennet, shall be, and they are here- 
Roads thereto, j^y appointed, commissioners, with full power and authority to lay out a 
road from the said ferry, on the north side of the river, along Scott's Lake 
and over Jack's Creek, at Sumter's mills, and from thence to the main 
road. And that all the male inhabitants, from the age of sixteen to sixty 
years, living between the river and the road hereby established, shall be, 
and he and they is and are hereby, obliged to make and keep the same in 
repair. And ail the male inhabitants, as aforesaid, living between the said 
last mentioned road and Neilson's ferry road, shall work on the road that is 
nearest to them. And that Colonel William Thomson, Jacob Christopher 
Zahn, Charles Middleton, John Oliver, and William Flud, shall be, and 
they are hereby nominated and appointed, commissioners for laying out a 
road the nearest and best way from the said ferry, on the south side of the 
said river, to meet the road at the Chapel at Wassamsaw ; and that all the 
male slaves, from the age of sixteen to sixty years, living on the south side 
of the said river, within ten miles on each side of the said road so to be 
laid out, shall be, and he and they is and are hereby, obliged to make the 
same, and work on and repair the said road, whenever and for such time as 
the said commissioners shall deem it necessary. And if any of the per- 
sons liable to work on the said roads, respectively, shall refuse or neglect to 
do his or their duty, he and they shall be liable to the same fines and penal- 
tics as any other persons by any Act or Acts of the General Assembly of 
this State are subject and made liable to for making and keeping roads in 
repair. 

IV. And vjhcreas, application hath been made to have the ferry, common- 
Neilson's ferry, jy called Neilson's ferry, established by a law, and to have several roads laid 
over autee. ^^^ ^^ ^^^^ Uom the said ferry, for the greater convenience of persons 
travelling through that part of the State. Be it therefore ordained by the 
authority aforesaid, That a public ferry shall be, and it is hereby, esta- 
blished over Santee river, at the place commonly called Neilson's Ferry, 
from the lands of Jared Neilson, Esquire, on the south side, to the lands of 
the said Jared Neilson, on the north side, of the said river ; and the said 
Vested ill J. ferry is hereby vested in the said Jared Neilson, his executors, administra- 
Neilson. ^^^^ ^^^ assigns, for and during the term of seven years. And it shall and 

may be lawful for the said Jared Neilson, his executors and administrators, 
to take and receive, for the ferrying over persons, their carriages, servants, 
horses and cattle, at the said ferry, the following rates of ferriage, that is 
Conditions. to say : — for a toot passenger or single horse, five shillings ; for a man and 
horse, ten shillings ; for a wagon, empty or loaded, and team, and every other 
four wheeled carriage, three pounds five shillings ; for every two wheeled 
carriage and horse, thirty-two shillings and six pence ; for every head of 
neat cattle, ferried or swam, five shillings ; calves, sheep or hogs, ferried or 
swam over the said river, two shillings and six pence, current money of the 
said State. And when the freshes are so high that the landing place on 
the north side of the said river is covered with water, so as that passengers 
must be transported from highland to highland, on each side of the said 
river, then it shall and may be lawful for the said Jared Neilson, his execu- 
tors, administrators and assigns, during the said term, to ask, demand, sue 
for, recover and receive, from every person passing over the said ferry, the 
several rates and prices following, that is to say : — for a foot passenger or 
single horse, ten shillings; for a man and horse, twenty shillings ; for a 
wagon, empty or loaded, and team, and for every other four wheeled car- 
riage, six pounds ten shillings ; for any two wheeled carriage and horse, 



OF SOUTH CAROLINA. . 2(59 

Acts relating to Iioa/ls, Bridges and Ferries. A. 0.177'.*. 

three pounds five shillings ; for every head of neat cattle, calves, sheep or 
hogs, ferried or swam, ten shillings, in the current money of this State. 

V. Knd be it further ordained by the autliority aforesaid, That the said 
Jared Neilson, his executors, administrators or assigns, shall provide and 
keep at the said ferry, during the term aforesaid, good and substantial ferry 
boats, with a suilicient number of servants to attend the same, as well by 
night as by day, for the transporting of persons, their carriages, servants, 
horses and cattle, over the said ferry. And if any jjcrson or persons com- 
ing to the said ferry shall meet with any unreasonable delay thereat, for 
want of a boat or servants to transport him or them, his or their carriages, 
servants, horses or cattle, over the said ferry, in every such case, he, the 
Slid Jared Neilson, his executors administrators and assigns, shall forfeit, to 
the person so delayed, for every hour, the sum of twenty pounds, current 
money ; to be sued for, levied and recovered, in manner as directed by the 
Act for the trial of small and mean causes. Provided, the said forfeiture 
be sued for within ten days after the said delay shall happen. 

VI. And he it further ordained, by the authority aforesaid, That the 
said Gabriel Manigault and Jared Neilson, their and each of their executors 
administrators and assigns, shall, within one month from the passing of this 
Ordinance, post up, and cause to be constantly kept, in writing, a list of the 
rates of the .said ferries hereby established, respectively, affixed to some 
public place at each of the said ferries. 

VII. Knd be it further ordained by the authority aforesaid. That Hen- 
ry Richbourgh, James Richbourgh, and Robert Carter, shall be, and they Roads to said 
are hereby appointed, commissioners with full power and authority to lay "^'"''y' 

out a road from the said ferry, on the north side of the said river, along by 
Claudius Richbourgh 's, to join the main road leading to Camden, at or near 
the High Hills of Santee. And that John Gambell, John Neilson, and Jas. 
Mortimer Harris, shall be, and they are hereby appointed, commissioners 
with full power and authority to lay out a road from the said ferry, by Capt. 
Gamble's plantation, through the Fork of Black River, until it intersects 
the road leading to Lynch 's Creek and Peedee river. And that Jared Neil- 
son, William Voshat, and John Oliver, shall be, and they are hereby ap- 
pointed, commissioners, with full power and authority to lay out a road 
from the said ferry, on the south side of the said river, to the road leading 
to Wassamsaw Chapel. And that all the male inhabitants, from the age 
of sixteen to sixty years, living within six mdes on each side of the three 
several roads last mentioned, hereby directed to be laid out and established, 
except those persons as aforesaid living between the road leading from 
Manigault's ferry and the road leading from Neilson 's ferry, who shall work 
as aforesaid, shall be, and he and they are hereby, obliged to make the same, 
and to w^ork and keep in repair the said roads, respectively, whenever and 
for such time a« ttie said commissioners shall deem it necessary. And if 
any person or persons liable to work on the said roads, respectively, shall 
neglect or refuse to do his or their duty, he and they shall be liable to the 
same fines and penalties as any other persons by any Act of the General 
Assembly of this State for making and keeping roads in repair are. 

VIII. And be it further ordained hy the authority aforesaid. That in 

case any of the commissioners hereby apppointed for the several purposes Vacancies, 
aforesaid, should die, depart the State or refuse to act, the remaining com- 
missioners or commissioner, in the several departments, shall have power, 
and are hereby authorized, to nominate and appoint another commissioner 




STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

or commissioners, in his or their stead, who shall have the same powers and 
authorities, severally and respectively, as the commissioners hereby named. 

Ratified hy the General Assembly, in the Senate House, the Wth day of 
September, 1779. 

CHAS. PINCKNEY, President of the Senate. 

THOS. FARR, Sjjeaker of the House of Representatives 



No. 1138. AN ACT for raising the rates of Ferriage heretofore allowed 
BY Law to the Proprietors of Ashley axd Combahee Ferries ; 

AND for establishing SEVERAL OTHER FeRRIES THEREI>' MENTIONED. 

WHEREAS, the rates of ferriage allowed by law to the proprietors of 
Ashley and Combahee ferries, are, at present, inadequate to the expense and 
trouble of keeping and attending the same. 

1. Be it therefore enacted, by the Honorable the Senate and House of 
Rates offer- Representatives of the State of South* Carolina, now met and sitting in 
fer^." "' ^■^ General Assembly, and by the authority of the same. That it shall and 
may be lawful to and for Edward Legge, his executors, administrators and 
assigns, during the term of one year next ensuing, to demand and receive, 
and to take to his and their own proper use, from all persons passing or re- 
passing or making use of Ashley ferry, the several rates of ferriage and 
sums following, in the current money of this State, that is to say: — for 
every single person, two shillings and six pence ; for every man and horse, 
five shillings ; for every chair, chaise and single horse, or cart and single 
horse, fifteen shillings ; for every four wheeled chair, chaise, coach or cha- 
riot, and pair of horses, thirty shillings; for a coach or chariot and four 
horses, thirty-five shillings ; for a coach or chariot, and six horses, forty 
shillings ; for a wagon and two horses, the sum of thirty shillings; for a 
wagon and four horses, the sum of thirty-five shillings; for a wagon and 
six horses, the sum of forty shillings ; for every head of neat cattle or hor- 
ses, ferried over the said ferry, the sum of two shillings and six pence ; for 
every head of sheep, goats, hogs or calves, the sum of two shillings and six 
pence, except all such as are brought over the said ferry in carts or other 
carriages. 

n. And be it also enacted by the authority aforesaid. That it shall and 
may be lawful to and for John Packrow, his executors, administrators and 
At Combahee assigns, during the term of one year next ensuing, to demand and receive, 
and to take to his and their own proper use, from all persons passing or re- 
passing or making use of Combahee ferry, the several rates of ferriage and 
sums following, in the current money of this State, that is to say : — for 
every single person, five shillings ; for every single horse, five shillings; 
for every chair, chaise or cart, thirty shillings ; for every coach, chariot or 
wagon, three pounds ; for every head of neat cattle, ferried or swam, two 
shillings and six pence ; for every head of sheep or calves, ferried or swam 
over the same, two shillings and six pence. 



OF SOUTH CAROLINA. -271 

Acts relating to Roads, Bridges and Ferries. A. I). 1779. 

HI. And hcit further enacted by the authority aforesaid, Tliat all per. 
sons, their servants, carriages and horses, who are exempted from paying '^ exempt, 
any ferriage at the aforesaid ferries, or either of them, by the laws which 
establish the same, respectively, shall also be exempted from paj'ing any 
of the rates hereby fixed for passing the said ferries; any thing hereinbe- 
fore contained to the contrary notwithstanding. 

IV. And whereas, the proprietors of several ferries in this State, which 

are not established by law, have demanded and received of passengers using Ferries over 
the same, exorbitant rates or prices of ferriage. In order, therefore, to ^'""?' '^^ '^""'' 

... . . OWIp. S 8.11(1 

prevent impositions and abuses. Be it further enacted by the authority Wallace's, 
aforesaid. That from and immediately after the passing of this Act, public 
ferries shall be, and are hereby, established over the north-cast branch and 
south-west branch of Stono river, where the bridges crossed ihe said respec- 
tive rivers, commonly called Rantowle's and Wallace's. And that the said 
ferry over the north-east branch, shall be, and is hereby, vested in Charles 
Elliott, Esquire, his executors, administrators and assigns, for the term of 
one year. And that the ferry hereby established over the south-west 
branch, at a place called Wallace's, shall be, and is hereby, vested in Jo- 
seph Morrison, his executors, administrators and assigns, for the term of 
one year. And that it shall and may be lawful to and for the said Charles 
Elliott, Esquire, and Joseph Morrison, their and each of their respective 
executors, administrators and assigns, to demand and receive, and to take 
to his and their own proper use, from all persons passing or re-passing or 
making use of the said ferries, respectively, the several rates and sums fol- 
lowing, in the current money of this State, that is to say : — for every 
single person, two shillings and six pence ; for every single horse, two 
shillings and six pence; for every chair, chaise or cart, fifteen shillings ; 
for every coach, chariot or wagon, forty shilling^; for every head of neat 
cattle, ferried or swam over the same, two shillings and six pence; for 
every head of sheep or calves, ferried or swam over the same, two shillings 
and six pence, except all such as are brought over in carts or other car- 
riages. 

V. And be it further enacted by the authority aforesaid, Tliat from 

and immediately after the passing of this Act, a public ferry shall be, and pg^^^. ^^^^ 
is hereby, established over Pon Pon River, near Jacksonbugh ; and that Pon Fon, at 
the said ferry shall be, and is hereby, vested in the proprietors of the land ^^'^'^,^°"'^°* 
on each side of the said ferry, their respective executors, administrators and 
assigns, for the term of one year from the passing of this Act. And that 
it shall and may be lawful to and for the said proprietors, their executors, 
administrators and assigns, to receive and take, to his and their own proper 
use, from all persons passing or re-passing or making use of the said ferry, 
the several rates of ferriage and sums following, in the current money of 
this State, that is to say : — for eVery single person, two shillings and six 
pence; for man and horse, five shillings; for every chair, chaise or cart, 
fifteen shillings; for every coach, chariot or wagon, forty shillings; for 
every head of neat cattle, ferried or swam over the same, two shillings 
and six pence ; for every head of sheep or calves, ferried or swam over the 
same, two shillings and six pence, except all such as are brought over in 
carts or othei carriages. 

VI. And he it fur titer enacted by the authority aforesaid. That from and 
immediately after the passing of this Act, a public ferry shall be, and is ^^'"'■y^'^'' P""^ 
hereby, establisiied over Pon Pon River, at a place commonly called Per- son'g.'^^ '"^^"* 
guson's Ferry; and that the said ferry shall be, and is hereby, vested in 

Thomas Ferguson, Esquire, his heirs, executors, administrators and assigns. 



273 STATUTES AT LARGE 

A-I>-1''''9. Acts relating to Roads, Bridges and Ferries. 

for the term of one year from the passmg of this Act. And that it shall 
and may be lawful to and for the said Thomas Ferguson, Esquire, his heirs, 
executors, administrators and assigns, to receive and take, to his and their 
own proper use, from all persons passing or re-passing or making use of the 
said ferry, the several rates of ferriage and sums following, in the current 
money of this State, that is to say : — for every single person, two shillings 
and six pence ; for every man and horse, five shillings ; for every chair, 
chaise or cart, fifteen shillings; for every coach, chariot or wagon, forty 
shillings; for every head of neat cattle, ferried or swam over the same, 
two shillings and six pence ; for every head of sheep or caives, ferried or 
swam over the same, two shillings and six pence, except all such as are 
brought over in carts or other carriages. 

VII. And be it further enacted by the authority aforesaid, That from 
Ferry over and immediately after the passmg of this Act, a public ferry shall be, and 
old bridg-'e! ^"^ i^ hereby, established over Ashepoo river, where Ashepoo bridge stood ; 

and that the said ferry shall be, and is hereby, vested in Edmund Bellin- 
ger, Jr., (in trust for the estate of Benjamin Webb, deceased,) and Ann 
Bolton, their and each of their heirs, executors, administrators and assigns, 
for the term of one year from the passing of this Act. And that it shall and 
may be lawful to and for the said Edmund Bellinger, Jr., and Ann Bolton, 
his and her heirs, executors, administrators and assigns, to demand and re- 
ceive, and to take to his and her own proper use, from all persons passing or 
repassing or making use of the said ferry, the several rates and sums fol- 
lowing, in the current money of this State, that is to say ; — for every single 
person, two shillings and six pence ; for every man and horse, five shillings ; 
for every chair, chaise or cart, fifteen shillings; for every coach, charriot or 
wagon, forty shillings ; for every head of neat cattle, ferried or swam over 
the same, two shillings and* six pence ; for every head of sheep or calves, fer- 
ried or swam over the same, two shillings and six pence, except all such as 
are brought over in carts or other, carriages. 

VIII. And be it further enacted, by the authority aforesaid, That from 
Ferry over and immediately after the passing of this Act, a public ferry shall be, and 
^g'^^y^^^^'gSs hereby, established over the Saltcatcher river, at the place Avhere the 

bridge stood ; and that the said ferry shall be, and is hereby, vested in the 
proprietor of the land on the east side of the said ferry, his heirs, execu- 
tors, administrators and assigns, for the term of one year from the 
passing of this Act And that it shall and may be lawful to and for the 
said proprietor, his heirs, executors, administrators and assigns, to demand 
and receive, and take to his and their own proper use, from all persons 
passing or repassing or making use of the said ferry, the several rates of 
ferriage and sums following, in the current money of this State, that is to 
say : — for every single person, two shillings and six pence ; for every 
single horse, two shillings and six pence ; for every man and hor.se, five 
shillings ; for every chair, chaise or cart, fifteen shillings ; for coach, chariot 
or wagon, forty shillings; for every head of neat cattle, ferried or swam 
over the same, two shillings and six pence ; for every head of sheep or 
calves, ferried or swam over the same, two shillings and six pence. 

IX. And be it further enacted by the authority aforesaid, That the 
several persons, their heirs, execu:ors, administrators and assigns, in whom 

Duty of owners j^j^g ferries hereby established are respectively vested, shall be, and they 
are hereby, obliged and required, at their respective ferries, during the 
time for which they are established, constantly to attend, and provide and 
keep in repair, good and sufficient boats, for carrying and transporting over 
their said ferries, passengers, horses, carts, wagons, chairs and four 



OF SOUTH CAROLINA 273 

Acts relating to Roads, Bridges and Ferries. A. D. 1779. 

wheeled carriages, and also a sufficient number of able bodied-men, who 
shall constantly attend the said several terries, as well by night as by day, 
throughout the year, to transport and carry over all passengers, horses 
and carriages as aforesaid. And in case any persons shall meet with 
unreasonable delay, or be retarded in their passing at any of the said ferries, 
for want of the ferry boat or boats, or the persons who are required to 
attend the same, the person or persons in whom the ferry at which any 
person shall meet with such delay, shall at that time be vested, shall forfeit 
and pay, for every such delay, to the party grieved, the sum often pounds 
for the first hour, and the further sum of twenty pounds for every hour 
afterwards ; which sum and sums shall and may be recovered, on oath made 
of such delay, by warrant from any justice of the peace, who, on com- 
plaint made to him, shall hear and determine the same, according to the 
powers given him by law for the trial of small and mean causes ; so as such 
complaint be made by the party grieved within ten days after the offence 
committed. 

X. And be it further enacted by the authority aforesaid, That the 
Governer and Commander in-chief of this State, for the time being, the ^^.^ 
Lieutenant Governor, for the time being, all ministers of the gospel, all the ferries free, 
persons on Sundays going to or returning from any place of divine wor- 
ship, all persons going to or returning from muster at any time appointed 
for the muster of the militia, all persons going to or returning from the 
election of members of Assembly, or in time of alarm, all troops in the 
Continental service, all expresses and messengers sent in the service of this 
State, and all free Indians, shall be, and they are hereby, exempted from 
paying any ferriage at any of the ferries hereby established, for themselves, 
their servants, carriages or horses; any thing herein contained to the con- 
trary notwithstanding. 

XL And he it further enacted by the authority aforesaid. That the 
several persons in whom the said respective ferries are hereby vested, or Rateaof fer- 
shall become vested, and all other persons in whom other ferries are liage lobe pos- 
vested, or shall become vested in this State, shall paste up and continue ^^d up, 
at the said ferries respectively, in writing, within one month after the 
passing of this Act, a list of the rates to be received at the said respective 
femes hereby established, and of all other ferries in this State. 

Ratified hij the General Kssemhly, in the Senate House, the Wth day 
of September , 1779. 

CHARLES PLNCKNEY, President of the Senate. 
THOMAS FARR, Speaker of the House of Representatives, 



VOL. IX— 35. 




No. 1164. 



STATUTES AT LARGE 

Acts relating to Roads, Bridges and Ferries. 

AN ACT TO REGULATE THE ELECTION AND APPOINTMENT OF CoMMI^ 
SIGNERS OF THE HlGH-ROADS, IN THE SEVERAL PARISHES AND DlS=- 
TRICTS OF THIS StATE ; AND ALSO TO REGULATE THE RATES OP' 

Ferriage at such Ferries which are not established by Law- 



Preamble. 



Comm'rs of 
roads. 



How to be 
elected, &.c. 



Rates of fer- 
liage regulat- 
ed. 



WHEREAS, from the situation of the State for several years past, the 
public roads and bridges throughout the same are in a great measure des- 
troyed or rendered dangerous to travellers, and it is necessary some imme.' 
diate steps should be taken to repair the same : 

I. Be it therefore enacted, by the Honorable the Senate and House of 
Representatives, and by the authority of the same, That all commissioners 
of the several high-roads and bridges, who were in commission on the 
twelfth day of May, one thousand seven hundred and eighty, (except 
where vacancies have been filled up, or new ones already appointed by his 
Excellency the Governor,) and who are now residents in their respective 
parishes or districts, shall continue to act as such until Easter Monday 
next, when a new election will take place ; and where there are not a suffi- 
cient number to make a board, the surviving commissioners or commis- 
sioner, if only one, shall, until Easter Monday next, have and exercise 
all the powers and authorities, and be subject to all the pains and penalties, 
which by any former Act or Acts were vested in a majority of such com- 
missioners, or to which they or either of them were liable. 

n. And be it further enacted by the authority aforesaid, That on the 
said Easter Monday, and on every Easter 3Ionday following, during the 
continuance of this Act, the freeholders in each parish and district in this 
State, shall elect the same number of persons, freeholders in such parish 
and district, respectively, as were heretofore allowed by law, to serve as 
commissioners of the high-roads and bridges within their respective parish- 
es and districts, for the year ensuing. And the said commissioners so to 
be elected or appointed, are hereby, respectively, invested with all the 
powers and authorities which by any former Act or Acts are vested in any 
board of commissioners of high-roads in this State ; and the said commis- 
sioners so to be elected or apfK)inted, are hereby declared to be, in the 
place and stead and to possess all the powers and authorities of their 
respective predecessors, and shall be subject to all the pains and penalties 
their said predecessors were subject to. And in case any person shall be 
elected or appointed to serve as one of the aforesaid commissioners, in the 
manner hereinbefore directed, and shall neglect or refuse to act as such, 
he shall forfeit and pay into the public treasury of this State, the sura of 
ten pounds sterling ; provided, that no person shall be liable to the pay- 
ment of the said fine more than once in three years. 

in. And whereas, many of the keepers of ferries in this State have 
lately exacted exorbitant rates of ferriage from persons passing and re- 
passing over the said ferries. Be it also enacted by the authority aforesaid. 
That where such ferries are legally established, and the keepers thereof 
demand and take higlier rates of ferriage than are allowed by law, every 
keeper of a ferry so offending, shall, for every such offence, forfeit and pay 
the sum of fifty shillings, sterling ; to be recovered before any justice of 
the peace for the district where such offence is committed, in like manner 
as recoveries are had in causes small and mean. And where ferries are 
not legally established, or where the term for which they were by law 
established is expired, the said commissioners are required, and they are 



OF SOUTH CAROLINA. 275 

Acts relating to Roads ^ Bridges and Ferries. A. D. 1783.. 

hereby fully authorized and impowered, to fix and establish the rates of 
ferriage which shall be demanded and received thereat. And if the keep- 
ers thereof shall demand and receive higher rates of ferriage than the said 
commissioners shall so fix and establish, every such keeper of a ferry so 
offending, shall be liable to the same penalties as the keepers of ferries 
legally established are, for demanding and taking higher rates of ferriage 
than the law allows. And every such person keeping any such ferry, shall 
be liable to all the pains and penalties inflicted for detaining passengers or 
travellers applying for passage over the same, in like manner as if the 
law by which such ferry was established had not been expired, or as if the 
ferry had been particularly estabhshed by law ; which penalties shall be 
recovered before any justice of the peace in the district where the ferry 
shall be kept, in like manner as recoveries are had in causes small and 
mean. 

En the Senate House, the twelfth day of Match, in the year of our Lord one thousand 
seven huudred and eighty-three, and in tlie seventh year o( the Independence of 
the United States of America. 

JOHN LLOYD, President of the Senate. 

HUGH RUTLEDGE, Speaker of t?ie Hoy^e of Representaiiv&i. 



AN ACT FOR ESTABLISHING THE FeRRY THEREIN MENTIONED. No. 1767. 

WHEREAS, it is necessary that the ferry hereinafter mentioned be 
established : 

L Be it therefore enacted, by the Honorable the Senate and House of 
Representatives, now met and sitting in General Assembly, and by the Fenv estab- 
authority of the same, That from and immediately after the passing of ^^gg^.f jg,a„j 
this Act, a public ferry shall be, and is hereby, established at the upper 
end of Green's Island, on Savannah river ; and that the said ferry shall be, 
and is hereby, vested in John Green, the present proprietor of the lands 
on both sides the river, in the vicinity of the said Island, his executors, 
administrators and assigns, for and during the term of fourteen years ; and 
that it shall and may be lawful for the said John Green, and his executors, 
administrators and assigns, to take and receive, for the ferrying over per- 
sons, their carriages, servants, horses and cattle, at the said ferry, the 
following rates of ferriage, and no other, that is to say : — for a foot pas- 
senger, three pence, sterling ; for a man and horse, six pence, sterling; 
for a loaded wagon, four shillings and eight pence, sterling ; for a wagon 
and team, four shillings and eight pence, sterling; for any two wheeled 
carriage and horses, two shillings, sterling ; for every head of neat cattle, 
horses, calves, sheep or hogs, ferried or swam over the said ferry, two 
pence, sterling. And also, that the said John Green, and his executors, 
administrators and assigns, shall constantly, during the said term of four- 
teen years, keep and maintain one good and sufficient ferry boat or boats, 
and other necessaries for the transporting passengers, their servants, car- 
riages, horses and cattle, over the said ferry, as well by night as by day. 



276 



STATUTES AT LARGE 



A. D. 1783. 



Acts relating to Roads, Bridges and Ferrirs. 



Vacancies. 



And also, that a road shall be laid out and established from the said ferry, 
on this side of Savannah river, through Savannah swamp, to the river road 
leading from Savannah to Augusta. 

II. And be it further enacted hy the authority aforesaid, That Absalom 
Best, John Green and Michael Swaycord, be, and they are hereby, declar- 
ed commissioners, to lay out and keep the said road in repair ; and that all 
the male inhabitants and slaves, from sixteen to sixty years, living within 
six miles of the said road, shall be, and are hereby declared to be, obliged 
to work on the said road, for the laying out and repairing the same, when- 
ever the commissioners hereby appointed shall judge necessary. 

III. A.nd be it further enacted by the authority aforesaid, That in case 
any of the commissioners in and by this Act named, shall happen to die, 
depart the State, or refuse to act, then it shall and may be lawful for the 
other of such commissioners, or a majority of them, to nominate and ap- 
point another person or persons to be commissioner or commissioners for 
such road, in the room of him or them so dying, departing the State, or 
refusing to act ; and the person and persons so chosen, shall be invested 
with the same powers and authorities as the other commissioners have, 
hereby appointed. 

IV. And be it further enacted by the authority aforesaid, That the 
commissioners herein named, and others to be appointed by them, respec- 
tively, or a majority of them, shall have all the power and authority, by 
warrant under hand and seal, to levy and cause to be paid, any of the 
fines incurred by any former Act or Acts for establishing ferries, laying 
out roads, and to exercise all and 3S full powers and authorities for carry- 
ing this Act, or any part thereof respecting such commissioners, into 
execution, as are vested in any other commissioners of high-roads by any 
law of this State. 

V. And be it further enacted by the authority aforesaid, That in case 
General issue ^'^Y ^^ ^^e said commissioners, or any other person or persons acting under 
may be plead- their authority, shall be sued or prosecuted for any matter or thing by 

them or any of them to be done by virtue of or in pursuance of the 
directions of this Act, it shall and may be lawful for the said commission- 
ers, and the person or persons so sued or prosecuted, to plead the general 
issue, and to give this Act and the special matter in evidence ; any law, 
usage or custom, to the contrary thereof notwithstanding. 

In the Senate House, the twelfth duy of March, in the year of our Lord one thou- 
sand seven hundred and eighty-three, and in the seventh year of the Independence 
of the United States of America. 

JOHN LLOYD, President of the Senate. 

HUGH RUTLEDGE, Speaker of the House of Representatives. 



Powers of 
Coram'rs. 



ed 



OF SOUTH CAROLINA. 277 

Acts relating to Roads, Bridges and Ferries. A. D. 1783. 

AN ACT FOR ESTABLISHING SEVERAL FeRRIES THEREIN MENTIONED. No. 1181. 

WHEREAS, it is thought necessary and proper that several ferries 
should be established : 

I. Be it therefore enacted, by the Honorable the Senate and House of 
Representatives, now met and sitting in General Assembly, and by the porry over 
authority of the same, That from and immediately after the passing of Santee, at 
this Act, a public ferry shall be, and is hereby, established at the late Peter ^'''"'&^"'^''- 
Manigault's plantation, on Santee river ; and the said ferry shall be, and 
is hereby, vested in Gabriel Manigault, in trust, for the heirs and assigns 
of the said Peter Manigault, deceased, for and during the term of fourteen 
years; and it shall and may be lawful to have, demand and receive, for 
the ferrying over persons, their servants, carriages, horses, cattle, hogs and 
sheep, at the said ferry, the following rates, and no other : — for a foot pas- 
senger or single horse, three pence; for a man and horse, sixpence; a 
wagon, empty or loaded, and team, and for any other four wheeled car- 
riage, three shillings and six pence ; any two wheeled carriage and one 
horse, one shilling and six pence; an ox-cart and team, three shillings; 
every head of neat cattle, ferried or swam, two pence; every head of 
calves, sheep or hogs, ferried or swam, one penny. And when the freshets 
are so high that the landing place on the north side of the said river is 
covered with water, so as that passengers must be transported from high 
land to high land, on each side of the said river, the rates shall be doubled. 
And also, the said Gabriel Manigault, in trust for and in behalf of the 
heirs of the aforssaid Peter Manigault, 'deceased, shall constantly, during 
the said term of fourteen years, keep and maintain at the said ferry, a 
sufficient number of good boats, and other necessaries for the purpose of 
transporting of passengers, their servants, carriages, horses and cattle, 
over the said river, as well by night as bj day. 

H. And be it further enacted by the authority aforesaid, That Colonel 
William Thompson, Charles Middleton, Robert Hales, Phillip Frierson, Roads to said 
William Gickles, Thomas Middleton, John Deas and James Stevenson, ^*'''''->'' 
be, and are hereby appointed, commissioners to work on and keep in repair, 
the road on the south side of said river, leading from the said ferry, to 
meet the road at the Chappel at Wassamsaw, and from thence to Goose 
Creek ; and that William Richardson, Isham Moore, Levi Moore, Colonel 
John James, William McConnico and Edward Richardson, be, and they 
are hereby appointed, commissioners to repair and to keep in repair, the 
roads from the north side of the said ferry along Scott's lake, and over 
Jack's creek, at Sumter's mill, and from thence to the main road. And 
that all the male inhabitants and slaves, from the age of sixteen to fifty 
years, living within seven miles of the said roads, shall be, and they are 
hereby declared to be, obliged to work on the said road, for putting and 
keeping the same in repair, whenever the commissioners hereby nominated 
shall judge necessary. 

HL Xnd be it further enacted by the authority aforesaid, That a public 
ferry, from a lot of land in Kingstown, belonging to John Baxter, to his Ferries at 
tract of land on the opposite side of the river ; and also, another ferry '"^*'°"- 
from said town of Kingstown across the lake to the opposite shore, shall 
be, and are hereby declared to be, established ferries, and vested in the 
said John Baxter, his executors, administrators and assigns, for the term 
of fourteen years from the passing of this Act. And it shall and may be 
lawful to and for the said John Baxter, his executors, administrators and 



278 



STATUTES AT LARGE 



A. D. 1783. 



Ferry at 
Simmons's.