TIT. 8. 136. And be it further enacted, That from and after the first day of January next, there shall be no inspection in Charleston and Georgetown of produce, naval stores, lumber A. A. 1810. or any other article, (tobacco excepted) brought to market Not to be infrom the interior country; unless the person or persons so spected withbringing to market, and offering for sale any such produce, sent of the naval stores, lumber or any other article as aforesaid, do consent to the inspection thereof; in which case the inspector shall as heretofore, receive such fees as are now established by law. [See Wharfage and Storage.] out the con owner, &c. TITLE 9. Dams. TIT. 9. 1. WHEREAS the practice of making and keeping up dams across rice grounds, for the purpose of reserving water thereon during the winter, and the want of a proper law to A. A. 1786. ascertain the time when the same ought to be opened, has P. L. 402. been attended with many inconveniencies, and oftentimes is the cause of much contention: For remedy whereof, Be it enacted, That every person who shall keep water dur- In rice ing the winter, upon grounds on which rice shall be planted grounds, when the ensuing spring, shall, on or before the tenth day of March to be opened. next, and on the tenth day of March in each year, open the dams which keep up the water in a sufficient manner for letting off the same; and if any person or persons shall neglect so to do, on or before the time aforesaid, he or she shall for feit and pay the sum of one hundred pounds for every such Penalty. neglect, upon the complaint or information of any person or persons through whose lands such water may pass. And it How to be reshall and may be lawful for such person to inform, and sue for covered. the same in any court of record in the district where such of fence is committed, and on conviction, the one half thereof Appropriashall be paid to the informer, and the other half to the use of tion. the poor of such parish or district in which the cause of complaint shall lie. are not open 2. Where any person has neglected to open his or her dams Summary rein a sufficient manner for letting the water off the grounds dress, if dams being described, on or before the tenth day of March in every ed. year, in manner aforesaid, it shall and may be lawful for any person who may be affected thereby, at any time after the day aforesaid in every year, either by himself, or herself, or his or her overseer, agent, attorney, or trustee, to apply to any magistrate in the district for a warrant of survey, who shall thereupon notify to the defendant the complaint made against him, with the time and place of meeting, and summon three freeholders, disinterested persons of the neighbourhood or parish where the cause of complaint shall lie, one of whom shall be then chosen by the defendant, and in case of his refusal, TIT. 9. A. A. 1786. then by the magistrate, another by the complainant, and the third by the magistrate, who (being first sworn before such magistrate, to determine the matter in dispute justly and imP. L. 402-3. partially) shall forthwith proceed to view the obstructions complained of; and if on view thereof the said freeholders, or a majority of them, shall be of opinion that such obstructions do, or may prevent the party complaining from planting his or her crop of rice in proper time, then and in such case, it shall and may be lawful for the said freeholders, or a majority of them, to cause the same to be immediately opened or removed in any way or manner they shall think necessary, for the purpose of giving the most effectual relief to the party complaining; whereupon the defendant shall be obliged to pay all expenses attending such survey.* Proviso, s. Provided always, That nothing herein contained shall exwhere suffici- tend, or be construed to extend to impose any penalty on any ent drains are person or persons, or to cause his or her dams or banks to be made. opened, who shall have made through his or her own lands, a sufficient drain or drains (of which the said freeholders shall be the judges) to carry off the waters through the same, in as expeditious a manner as they could have passed through the natural courses or channels, in case no such banks had been erected. Application be made be tween the November. 4. It shall and may be lawful for any person, at any time for a warrant between the said tenth day of March, and the first day of Noof survey, may vember in every year, to apply in manner aforesaid for a warrant of survey on any obstructions which he or she may con10th of March ceive, do impede the conveying off any surplus water on his and the 1st of or her rice grounds, and which by remaining thereon may prove any way injurious, or shall at any time hereafter make or keep up any dam or dams which shall stop the course of any water, so as to overflow the lands of any other person or persons whatever, (without the consent of such person or persons first had and obtained) and which shall be injurious to the said person or persons, then, in either of such cases, the said magistrate, and the freeholders by him appointed, shall proceed in the same manner as is directed in the foregoing Proviso, if de- clause. Provided, That if in either of the cases last mentionfendant does ed, the defendant shall neglect or refuse to attend at the surnot appear. vey, to choose a freeholder as aforesaid, then the three freeholders who shall have been summoned by the magistrate, shall proceed to determine the matter in dispute, in the same manner as if the defendant had been present and had chosen a freeholder; which said freeholders shall in both cases certify to the said magistrate, under their hands, what shall have been by them done in the premises; the expenses attending which survey, shall be paid by the party against whom the award of the said freeholders shall be given. Penalty on persons replacing obstructions. 5. If any person, either by himself or herself, or by his or her overseer, agent, attorney, or trustee, or servants, or slaves, or any other person or persons acting for him, or her, shall pre * See State Constitution, Art. 9. § 2. sume to stop up any dam or dams, or replace any obstructions in any manner whatsoever, which has or have been ordered TIT. 9. to be opened or removed by any freeholders as aforesaid, or A. A. 1786. which has or have been opened or removed by himself or her- P. L. 403. self, or his or her overseer, agent, attorney or trustee, or by order of either of them, on the said tenth day of March, until the tenth day of July; every person so offending, shall forfeit and pay the sum of two hundred pounds, to be recovered and disposed of in manner aforesaid. And if any person shall presume to obstruct, impede, or otherwise hinder or interrupt the And for oppoopening of any dam or dams, or the removing of any obstruc- sing the opentions ordered to be opened or removed by the freeholders as ing of dams. aforesaid, every person so offending, shall forfeit and pay for every such offence, the sum of five hundred pounds, to be recovered and disposed of in manner aforesaid. 6. And whereas the keeping reservoirs of water by insufficient dams, and the want of proper waste-ways thereto, is frequently the cause of such dams breaking, and overflowing the fields of other persons to their great damage: to be made. Be it therefore enacted, That where any dam or dams have Reservoirs : been made, or shall hereafter be made, for the purpose of form- Sufficient ing reservoirs of water, without a sufficient waste-way, and dams and which now are, or shall hereafter be found inadequate to sus- waste-ways tain the weight of water against the same, the owner of such dam or dams shall immediately, or as soon as may be, cause the same to be enlarged and strengthened where they are already made and are insufficient, and such as may hereafter be made, to be erected in a substantial manner, with a sufficient waste-way. 7. And if any person shall neglect to strengthen his or her dam or dams already erected for the purposes aforesaid, where necessary, or shall hereafter erect any dam or dams for the purposes aforesaid, and which (in either case) in the opinion of three freeholders, or a majority of them, (to be appointed, and proceed in manner herein before mentioned, respecting surveys of dams across rice grounds) is or are not made and regulated in manner hereby prescribed, every person so offending, shall, on complaint of any person or persons liable to be affected thereby, and on conviction thereof in any court of record in the district where such offence is committed, forfeit and pay the sum of one hundred pounds for every such offence, which may be sued for, and if recovered, be disposed of in manner aforesaid. 8. Every person to be summoned as aforesaid, shall be a resident in the parish where his attendance shall be required, and who upon being duly summoned, and attending any survey as aforesaid, shall be entitled to receive the sum of nine shillings and four pence per day each, for every such attendance, to be paid by the person against whom the verdict of the freeholders shall be given; and in case of the non-attendance of any person a resident, and summoned as aforesaid, (unless prevented by sickness, or some reasonable excuse, to be made upon oath, to the satisfaction of such magistrate) then and in such case, every such person so neglecting to attend when TIT. 9. A. A. 1799. 2 Faust 271. summoned as aforesaid, and without such sufficient excuse as aforesaid, shall forfeit and pay the sum of ten pounds per day, for every such neglect or refusal. 9. Whereas doubts have arisen under the said act:* Be it enacted, That nothing contained therein, shall be construed to A. A. 1786, ex- authorize any person or persons to keep water at any time on plained. any lands other than his, her or their own. [See Inland Navigation, infra.] TIT. 10. A. A. 1754. TITLE 10. Drains. 1. AND be it enacted, That or any four of them, be and they are hereby constituted and appointed commissioners for, and they or a majority of them are hereby authorized and empowered to lay out, cut, sink, maintain and keep in repair, and to agree for the laying out, cutting, sinking, maintaining and keeping in repair, a free drain or passage to Cacaw-swamp carry the waters off the swamp, commonly called Cacawswamp,t from the north-east corner of Caper's land, now in the possession of Archibald Stanyarne, up along the channel Spoon-Savan- of the said swamp to the uppermost part of Spoon-Savannah, and from Hyde-Park causeway downwards into the drain or passage already cut, which empties the waters into the southwest branch of the said Stono river. And the said commissioners, or a majority of them, shall have power, and they are hereby authorized and empowered, to lay out, and make the said drain or passage, in the said swamp, at such time and in such manner, as they shall think most convenient for the purpose intended by this act. nah. 2. The said drain or passage in the said swamp, shall be laid out, made and kept in repair, at the expense of the owners and proprietors of the lands which shall be benefited by the said drain or passage, and by the labour of the slaves employed on any such lands. 3. And the said commissioners, or a majority of them, shall have power and authority, and they are hereby fully empowered and authorized, to employ overseers to inspect the making the said drain or passage, and keeping the same in repair, and to do all such matters, as they the said commissioners shall be of opinion will best tend to the carrying this act into execution. * The act to regulate the opening of dams across rice grounds, and the making and keeping up dams for reservoirs of water, passed in 1786, [P. L. 403] mentioned in the preamble of this act. See A. A. 1734. P. L. 331., and A. A. 1789. P. L. 490. 1 4. And, that the said drain or passage may be speedily finished, Be it further enacted, That all the male slaves (from TIT. 10. the age of sixteen to sixty years) residing or employed on any A. A. 1754. lands within the limits aforesaid, shall be, and they are here- P.L. 230. by, obliged and required, to work on the said drain or passage, at such time or times, as the said commissioners, or a majority of them shall appoint for that purpose. And in case the owner or owners of any such slaves, shall neglect or refuse to send the same to work on the said drain or passage, at any time when required so to do, by the said commissioners, or a majority of them, every such owner and owners shall forfeit and pay any sum not exceeding twelve shillings and six pence current money per day, for every such slave, that he, she, or they shall so neglect or refuse to send or work on the said drain or passage as aforesaid, to be recovered by warrant under the hands and seals of the said commissioners, or a majority of them, and to be applied toward defraying the expense of making the said drain or passage, or keeping the same in repair. 5. And be it further enacted, That a drain or passage to A drain to be carry the waters off the lands, in a swamp in the parish of sunk in BasSt. Bartholomew, commonly called Basford's swamp, from ford's swamp. the lands of William Smith, down to a creek, commonly call ed Butler's creek, shall be laid out, cut, sunk, maintained and 7. Whereas many valuable tracts of land lying on the swamp A. A. 1783. and savannahs formed by the north-east branch of Stono P. L. 324. river, cannot be seasonably cultivated for want of sufficient North-east drains therein, to the great detriment of the proprietors of the branch of said land: Be it therefore ordained, That Stono river. be, and they are hereby constituted and appointed commissioners for, and they or a majority of them are hereby authorized and empowered to lay out, cut, sink, maintain, and keep in repair, and to agree for the laying out, sinking, maintaining, and keeping in repair, a free drain or passage to carry the waters off the said swamp and savannahs from the most convenient place on the said north-east branch of Stono river, to be continued through the said swamp to Horse Savannah, Horse Savanthere to divide into two drains; one to be continued through nah. Horse Savannah, and the other through Jack's Savannah, as Jack's Savan far as will be necessary for carrying the intention of this ordi- nah. nance into execution. |