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TIT. 19.

A. A. 1798.

2 Faust 207-8. Babb's mills on Bush river, to Columbia.

Road from

Ashley ferry vested in John

Fraser.

2 Faust 211.

Causeway to be kept in order.

Road from

Lynch's rek to Pudding swamp, and to Murray's ferry on Santee.

450. And be it further enacted, That a public road be laid out from Babb's mills on Bush river to Columbia, and that John Compty, George Bookright, Mathias Quadleborn, Michael Bates and Giles Chapman, shall be, and are hereby appointed commissioners for laying out and keeping in repair the said road; and shall be vested with such powers and authority as have heretofore been or hereafter may be vested in and exercised by the commissioners of high roads: And the inhabitants, from sixteen to fifty years of age, residing within five miles of said road, shall be obliged to work thereon for any number of days in each year, not exceeding ten days.

451. And be it further enacted, That the ferry commonly called Ashley ferry, shall be, and the same is hereby vested in John Fraser, for the term of seven years, and that it shall and may be lawful for the said John Fraser, his heirs executors, administrators or assigns, to take and receive the following rates of ferriage, to wit: For every foot passenger, three cents; for a man and horse six and a quarter cents; for a led horse, three cents; for every waggon or other fourwheeled carriage, and horses and riders, twenty-five cents; for a chair or cart with one horse, and driver or rider, twelve and a half cents; for every head of black cattle, hogs, sheep or goats, two cents; and for each rolling hogshead of tobacco, with the horse or horses, and driver, twelve and a half cents.* 452. And whereas the aforesaid ferry is of very great resort, and a post road, it is therefore necessary that it should be effectually attended by two sufficient flats, ropes, and two sufficient fellows, and that the causeway be always kept in such repair as has been heretofore prescribed by law; the commissioners of the roads of the parish of St. Andrew, are hereby empowered to direct and superintend the same, and to enforce the due observance and execution thereof, in the same manner as they were heretofore empowered in any of the acts relative to Ashley bridge or ferry.

453. And be it further enacted, That Peter Mouzon, senior, James Burgess, Robert Frierson and Henry Mouzon, senior, be, and are hereby appointed commissioners on the north side of Black river; and that James Campbell, William Buford and Isaac Keels, be, and are hereby appointed commissioners on the south side of said river, to lay out, open, clear and keep in repair the present road, leading down the south side of Lynch's creek to Pudding swamp on Black river, and to continue the same to Mouzon's landing on Black river; and from thence over Mouzon's bridge, the most direct course towards Santee, so as to fall into the road leading from Benbow's ferry on Black river, to Murray's ferry on Santee: And that the said commissioners be authorized to call upon all the male inhabitants, from the age of sixteen to fifty years of age, residing within three miles of the said road, to lay out, clear and keep the same in repair as a public road.

*See A. A. 1834, [2 Faust 575] altering this clause. Also A. A Dec. Sess. 1813, establishing Ashley ferry.

toll.

TIT. 19.

454. And be it further enacted, That all persons who are now exempted by law from paying toll or ferriage at any ferry or bridge established in this state, shall be, and they are A. A. 1798. hereby declared to be freed and exempted from the payment Persons exof toll or ferriage at any bridge or ferry established by this empted from act. And that if the owners, keepers or proprietors of any bridge or ferry, shall insist on receiving, or compel, by threats or other like means, the payment of toll or ferriage, from any person or persons so declared to be exempted from the payment of the same, that such person or persons guilty of such exaction, shall be subject and liable to a fine, not exceeding the sum of four dollars, to be recovered by warrant under the hand and seal of any justice of the peace of this state, living in the county or parish adjoining to the bridge or ferry where such exaction shall or may be made as aforesaid.

455. Whereas it is deemed expedient to vest the powers of 2 Faust 230-1, superintending the public roads of the several counties herein

after mentioned, in commissioners instead of the judges of the said counties:

Be it therefore enacted, That James Chesnut, Burwell Boy- Commission. kin, Douglas Starke, Jacob Chambers, James Cowser, Adam ers of the M Willey, William Lang, George Miller and Thomas Whita- roads, &c. appointed for ker, be, and they are hereby appointed commissioners of the Kershaw dis high roads, bridges, causeways and water-courses of and in the trict. county* of Kershaw.

456. And be it further enacted, That David Leach, senior, For York disEdward Moorehead, Abraham Green, Elias Davidson, John trict. M'Caul, Abraham Roach, John Harris, Joseph Moore and James Jamieson, be, and they are hereby appointed commissioners of the high roads, bridges, causeways and water-courses of and in the county* of York.

457. And be it further enacted, That John Woodward, Moses For Fairfield Hill, John Buckhannon, William McMorris, jun. James Bar- county. ber, James Alston, Austine Peay, Daniel Mayberry and Charles Picket, be, and they are hereby appointed commissioners of the high roads, bridges, causeways and water-courses of and in the county of Fairfield.

458. And be it further enacted, That John McKown, Joseph For Chester Gaston, James Crawford, George Gill, John Pratt, Thomas county. Jenkins, Clayton Rogers, Robert Owens and James Anderson,

be, and they are hereby appointed commissioners of the high roads, bridges, causeways and water-courses of and in the county of Chester.

*

459. And be it further enacted, That Thomas Blassingham, For Union John Jeffreys, Thomas Vaughan, Edward Tillman, Benjamin county. Woodson, William Hogan, Joseph M Jenkins, William Johnson and John Martindale, be, and they are hereby appointed commissioners of the high roads, bridges, causeways and water-courses of and in the county* ot Union.

And the commissioners aforesaid are hereby vested with the Vested with same authorities and privileges, and made subject to the fines the powers of and penalties, and are to be governed by the same laws and commission

ers of roads.

Now district.

TIT. 19.

A. A. 1798. Vacancies, how to be filled.

Repealing clause.

A. A. 1799.

2 Faust 283.

Columbia fer

ed.

regulations as the commissioners of the roads are in those parts of the state where county courts are not established.

460. And be it further enacted, That whenever any vacancies shall happen among any of the boards of the said commissioners, by death, removal out of the county, resignation, or refusal to qualify, that the same shall be filled up in the manner prescribed by an act, passed on the twenty-seventh day of February, one thousand seven hundred and eighty-eight, entitled, "An act to alter and amend an act respecting high roads, bridges, &c. passed the twenty-second day of March, one thousand seven hundred and eighty-five."

461. And be it further enacted, That so much of any act or acts of the legislature of this state, as is or are repugnant to or inconsistent with this act, be and the same is repealed.

462. Be it enacted, That Thomas Broxton, Jacob Mole, John Wildon Brown, Jacob Folk, Samuel Miley and John Irvin,* be, and they are hereby appointed commissioners to lay out and keep in repair a road leading from the stage road from Charleston to Augusta, to Broxton's ferry, and passing the Old Cowpen ford on Little Saltcatchers, direct to Orangeburgh; and that the inhabitants shall be liable to be called out within a distance not exceeding two miles, to cut and put the said road in repair. And the said road shall, when so cleared and put in repair, be subject to the direction of the commissioners of the roads in the respective districts where the same shall pass.

463. And be it further enacted, That a public ferry be estary establish blished over the Congaree river, from the extremity of Senatestreet, and the profits arising therefrom be equally divided, one half to be vested in the trustees of the Columbia academy, for the benefit of that institution, and the other in the heirs of Richard Hampton, deceased, for the term of fourteen years, and that the rates of ferriage be established as are established at the ferry known by the name of Hampton's ferry on the said river Congaree.

Koad from

Kingstree to
Cooper's fer-

ry.

Road from

the line of Williamsburgh to Prince George.

464. And be it further enacted, That Thomas Blackwell, Josias Dupré and John M'Clary, be, and they are hereby appointed commissioners to re-establish a road leading from Kings. tree to Cooper's ferry, on the north side of Black river, and that the said commissioners join the board of Kingstree commissioners for the re-establishing of the said road; and that the board of commissioners of the roads in the parish of Prince George shall appoint one or more persons, living near the said road, as commissioners to superintend the opening and keeping in repair the said road, from the place where the road as aforesaid shall cross the divisional line between the county of Williamsburgh and the parish of Prince George; and that the said persons so appointed, shall be members of the board of commissioners of the roads of the said parish, shall be vested with the same powers, and be subjected to the same penalties as other commissioners of roads are now or shall hereafter be vested with or subjected to.

* See A. A. 1800, [2 Faust 337] amending this section.

Two ferries in the fork of Tu

465. And be it further enacted, That two ferries in the fork TIT. 19. of Tugaloo and Keowee rivers, one to cross each of the said rivers, shall be vested in Samuel Earle, esquire, for the term A. A. 1799. of fourteen years, and during that time the following rates of 2 Faust 285-6. ferriage shall be paid at each of the said ferries: For every four-wheeled carriage and horses in harness or gears, with the galoo and Keriders and drivers, fifty cents; for every two-wheeled carriage owee rivers, and horses drawing the same, with the riders and driver, vested in Satwenty-five cents; for every hogshead of rolled tobacco, and muel Earle. the horse or horses drawing the same, with the driver, twelve and a half cents; for every head of horses, four cents; for every head of black cattle, two cents; for every foot passenger, four cents; for every head of hogs, sheep or goats, two cents; every man and horse, seven cents. And no ferry or bridge shall be erected or established within three miles above or below the said two ferries, by this law vested in the said Samuel Earle.

ble's muster

466. And be it further enacted, That a public road be laid Road from out and opened from Bruington's lake, on the south branch of Bruington's Black river, the best and most direct way to Camble's muster-lake to Camfield on M'Girt's swamp, and from thence to Murray's ferry field, and to on Santee, agreeable to a line marked out for that purpose by Murray's ferJohn Hardwick, surveyor; and that the present road from ry on Šantee. said muster-field to Santee, be no longer continued as such by the commissioners of the roads having jurisdiction over the same; and that William Taylor, John Conyers, James Camble, William Neelson, Isaac Keels, and Theodore Gourdin, be, and they are hereby appointed commissioners to lay out, open and complete the said road from Bruington's lake to Santee, as above directed. And the said board of commissioners, or a majority of them, shall have the power to call out all the male slaves from the age of sixteen to fifty years of age, residing within ten miles of said road: Provided they do not exceed six days in a year.

467. And be it further enacted, That a toll bridge be, and Toll-bridge the same is hereby established over Big Saltcatcher river, at established the place where Livermore's bridge was erected on the said over Big Saltriver, and that the toll bridge be vested in the present propri- vested in Wilcatcher, and etor, William Weekly, his heirs and assigns, for the term of liam Weekly. fourteen years; and it shall not be lawful for any person or persons, during the term aforesaid, to keep a ferry or ferries, or to erect any other toll bridge, within three miles of the bridge aforesaid, on the said river. And the said William Weekly, his heirs and assigns, shall, during the time aforesaid, be entitled to receive at the said toll bridge, the toll at present or formerly received at the said bridge.

riage.

468. And be it further enacted, That all persons who are Persons exnow exempted by law from paying toll or ferriage at any fer- empted from ry or bridge now established in this state, shall be, and they toll or ferare hereby declared to be freed and exempted from the payment of toll or ferriage at any bridge or ferry established by this act; and that if the owners, keepers or proprietors of any bridge or ferry, shall insist on receiving, or compel by threats or other like means, the payment of toll or ferriage from any

TIT. 19.

A. A. 1799.

person or persons so declared to be exempted from the payment of the same, that such person or persons guilty of such exaction, shall be subject and liable to a fine not exceeding 2 Faust 287-8. the sum of four dollars, to be recovered by warrant under the hand and seal of any justice of the peace of this state, living in the county or parish adjoining to the bridge or ferry where such exaction shall or may be made as aforesaid.

Lower Three

469. And be it enacted, That William Sturgis be, and is Runs-addi- hereby appointed commissioner for the purpose of clearing tional commis- out the Lower Three Runs, and opening and continuing the navigation of the same, instead of Joseph Harley, who refuses

sioner.

Freeholders

to ascertain

between Hibben's ferry & Lamprier's Point.

to serve.

470. And be it further enacted, That the following rates of ferriage be received and taken at the ferry established in John Allison, in the year one thousand seven hundred and ninetyeight, viz: For every four-wheel carriage, horses and riders, seventy-five cents; for every two-wheel carriage, or rolling hogshead and horses and drivers, thirty-seven and a half cents; for every man and horse, seven cents; for every foot passenger and led horse, and head of cattle, sheep, hogs or goats, three cents.

471. Whereas a dispute exists between Clement L. Prince and James Hibben, respecting the distance between the ferry of the said James Hibben and Lamprier's Point, at which place the said Clement L. Prince has prayed for the re-establishment of a ferry:

Be it therefore enacted, That the said Clement L. Prince and James Hibben, be, and they are hereby authorized and the distance directed to appoint each a freeholder residing in the neighbourhood, which freeholders shall have a power to choose a third, (in case of disagreement between them,) to ascertain, accurately, the distance between the two places aforesaid; and when they shall have so ascertained the distance, that they shall return the same to the legislature at their next sitting, duly certified under their hands and seals.

Commission

by this act,

472. And be it further enacted, That the commissioners of ers appointed roads, appointed by resolution, during the present or any other session of the legislature, be, and they are hereby vested with all the powers, rights and privileges, and made liable to the same penalties. which by law all other commissioners of the roads in this state are vested with, and to which they are made liable.

vested with the powers and liable to the penalties of other commissioners.

A. A. 1800.
2 Faust 328.
Bridge over
Edisto river

vested in Ste-
phen Curry.

473. And be it further enacted, That a toll bridge shall be, and is hereby established, over Edisto river, at the plantation of Christian Cremor, and that the same be vested in Stephen Curry, his heirs and assigns, for the term of fourteen years; and also that the following rates shall be hereby fixed, to be taken at the said toll bridge, and no more, to wit: For every foot passenger, four cents; for every head of horses, four cents; for every head of black cattle, four cents; for every head of hogs, sheep or goats, two cents; for every man and horse, seven cents; for every two-wheeled carriage, with horse or horses, and drivers, thirty-seven and one half cents; for every four-wheeled carriage, with horses and riders, fifty cents;

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