powered to contract and agree with any person or persons for building a bridge across Ashley river, at or near the place TIT. 19. I called Stoney Point, on the east side, to the marsh opposite A. A. 1789, to the said point on the west side of the said river, and mak- P.L. 490–1. ing a causeway on the said marsh from the said bridge to the land of the late William Cattell, on the south-west side of the said river; and by the said act, the said bridge when built, was declared to be vested in the person or persons by whom the same had been built, his or their heirs and assigns for ever, and a certain toll or rate for passage over the said bridge, and several rights, privileges and immunities were granted to the proprietors thereof: And whereas by an act passed the 10th March, 1784,* other commissioners were appointed for carrying into effect the act first above mentioned: And whereas it hath been represented to the legislature by the said commissioners, that a proposal hath been made to them for building a bridge across the said river at Ashley ferry instead of Stoney Point, but that it appears to them doubtful whether they have power to agree with any person for so doing, or whether a person who should do so, would be entitled to the toll or rate for passage over the said bridge, and to the rights, privileges and immunities which are granted by the act first above mentioned to a person building a bridge at Stoney Point, and making a causeway therefrom as mentioned in the said act: Be it therefore enacted, That the commissioners Bridge over named in the said last mentioned act, or any five or more of Ashley river. them, shall have full power and authority to contract and agree with any person or persons, for building a draw-bridge across Ashley river, at Ashley ferry, instead of Stoney Point (if it shall appear to the said commissioners, or any five of them, practicable and expedient to build and erect the said bridge at the said ferry) and that the said bridge shall be of the size and dimensions which are directed by the act first above mentioned. 290. And the said bridge when built, shall be vested in the The said person or persons by whom the same shall have been built, bridge shall his or their heirs and assigns for ever; and the proprietor or be vested in proprietors of the said bridge, shall make the causeway lead the persons building it, ing thereto twenty feet wide at the top or surface, with a who may remargent on each side of the said causeway of the width of the ceive the tol), present margent, and not exceeding thirty feet for margent &c. and ditch, and two feet higher than high-water mark at spring tides, and keep the said causeway in good repair; and such proprietor or proprietors shall be entitled to the same toll or rate for passing over the said bridge, and to the several rights, privileges and immunities which are granted by the act first above mentioned, to a person building a bridge at Stoney Point, and making a causeway therefrom.t 291. And be it further enacted, That the judges of the county courts shall have all the powers and authorities vested in See P. L. 331. † See A. A. 1792. 1 Faust 254. Hampton's bridge, not completed, &c. A. A. 1791. Feb. Sess. TIT. 19. A. A. 1791. Road in St. Peter's parish, from New-River bridge. the justices of the county courts, by an act, entitled, "An act for laying off the several counties therein mentioned, and appointing commissioners to erect public buildings." 292. Whereas it has been represented to the legislature, by 1 Faust 100. the petition of sundry inhabitants residing on and near NewRiver neck, in the parish of St. Peter, that the making of a public road running from New-River bridge down to Tunbridge, on New-River neck, and from thence the nearest and best route to the mouth of Savannah Back river, including the road leading from Purrysburgh, lately laid out and worked on, to continue thereon, so as to intersect the same, will be both of public and private utility, as likewise be the means of a more quick and ready communication between this state and the state of Georgia: Therefore, Commissioners empow. ered. Male slaves to work on 293. Be it enacted, That the commissioners herein after named, shall be, and they are hereby authorized, empowered and directed, to make, complete and finish the road aforesaid, and also from time to time to keep the same in good and sufficient repair. 294. And be it further enacted, That be, and they are hereby appointed commissioners for laying out and keeping in repair the road mentioned as aforesaid; and the said commissioners, or a majority of them, shall have full power and authority to call upon all the inhabitants or proprietors of lands, to send all their male slaves from the age of sixteen to fifty years of age, residing within ten miles of the said road. the said road in the parish of St. Peter, to work upon and keep the said road in repair, not exceeding twelve days in the year; and if any person or persons shall refuse or neglect to go, or to send their male slaves, when thereunto summoned by the commissioners aforesaid, or by any person by them to be appointed, or any three of them for that purpose, every such person shall forfeit and pay for the use of the said road, two dollars for himself, and one dollar per day for every male slave so neglected or refused to be sent, to be recovered by immediate warrant of distress, under the hands and seals of any three of the said commissioners, against any of the goods and chattels of the defaulter,* which, after ten days public notice, shall be sold for the purpose of paying the fine aforesaid, and charges accruing thereon, and the overplus, if any, returned to such defaulter: Provided, That such persons who are so made liable to work on the said road, shall be exempted and excused from working on any other public road. Persons sued for any thing done under this act, may plead the ge neral issue. 295. And be it further enacted, That if any person or persons shall be sued for any thing done in pursuance of this act, it shall and may be lawful for such person or persons to plead the general issue, and give this act and the special matter in evidence, and in case judgment shall be given for the defendant or defendants, or the plaintiff shall suffer a non-suit, or discontinue his action, the said defendant or defendants shall recover treble costs of suit. * See State Constitution, Art. 9. 296. And be it further enacted, That the fifth and sixth TIT. 19. clauses of an act passed the twenty-eighth day of March, 1778, other purposes Fifth and 1 for establishing several ferries, and also for revising several A. A. 1791. laws for the establishment of several other ferries, and for Feb. Sess. therein mentioned, so far as respects the con- 1 Faust 102. tinuing the road leading from Purrysburgh to Channing's point, sixth clauses and also the road from New-River bridge to intersect the said of act of road, and obliging all the male slaves from sixteen to sixty March, 1778, years of age, living to the south and eastward of the road lead- partially reing from Purrysburgh to New-River bridge, to work and re- pealed. pair the said roads, be, and the same are hereby repealed and [SeeP.L.292.] made null and void; any law, usage or custom to the contrary notwithstanding. 297. And be it further enacted, That a public road shall be 1 Faust 105-6. laid out the nearest and best way from English's ferry on the Two roads Wateree river, to the main road leading from Camden to from English's Statesborough, and also from the said ferry to the main road faid off. ferry, &c. to be leading from Rocky Mount to Huger's ferry, and that Douglas Stark and Joshua English, be, and they are hereby appointed commissioners for laying out the said road. 298. And be it further enacted, That a public road shall be Road from laid out the nearest and best way from Camden to Chesnut's Camden to ferry, near Knight's hill, and from the said ferry to the main Chesnut's ferroad leading from Rocky Mount to Huger's ferry; and that 1y, &c. Reuben Starke and Zachariah Cantey, be, and they are hereby appointed commissioners for laying out the said road. ford, to be 299. And that a public road shall be laid out from said fer- Road to Tumry the nearest and best way to the Tumbling Shoals on Reedy bling Shoals river, and from the said ferry through Abbeville county the and Cherokee nearest and best way to the Cherokee ford on Savannah river; laid out. and that the respective county courts of Laurens and Abbeville counties be, and they are hereby authorized and directed, to appoint commissioners for laying out said roads, and keeping the same in repair; and to direct what persons shall work on the same. vested in Ro 300. And be it further enacted, That it shall and may be Bridges may lawful for Robert Cannon to build, and keep in repair, good be built over and sufficient bridges over the south fork of Edisto river, at the the south fork place where the main road leading from Burton's ferry on Sa- of Edisto, and vannah river to Orangeburgh crosses said river; and that said bert Cannon. bridge or bridges shall be vested in the said Robert Cannon, his heirs and assigns, for the term of twenty-one years; and that it shall and may be lawful for the said Robert Cannon, his heirs, executors, administrators and assigns, to take and receive the following rates and tolls, and no other, that is to say: for a waggon and team, or other four-wheeled carriage, Rates and with horses, one shilling and six pence; for a chair or cart, tolls to be rewith one horse, one shilling; for each man and horse, four ceived. pence; for each foot passenger or led horse, two pence; for each head of black cattle, hogs, sheep or goats passing over, one penny. 301. And be it further enacted, That it shall and may be law ful for James Johnson to build, and keep in repair, a good and Bridge ove sufficient bridge over Edisto river, at a place called the Pine Pine Log ves VOL. III. Bbb TIT. 19. A. A. 1791. Feb. Sess. ed in James Johnson. Log, where the public road leading from Savannah river to Columbia crosses said river; and that said bridge shall be vested in the said James Johnson, his heirs and assigns, for the term of twenty-one years, and that it shall and may be law1 Faust 107-8. ful for the said James Johnson, his heirs, executors, administrators and assigns, to take and receive the following rates and tolls, and no other, that is to say: for a waggon and team, or other four-wheeled carriage, with horses, three shillings and pence; for a chair or cart, with one horse and driver, one shilling and six pence; for a man and horse, six pence; for each foot passenger or led horse, two pence; for each head of black cattle, hogs, sheep or goats passing over, one penny. Rates and tolls to be received. Road from ford to Car thence to Charleston. six that 302. And be it further enacted, That a public road shall be Williamson's laid out the nearest and best way from widow Williamson's ter's ford, and ford on Saltcatcher river to Carter's ford on Little Saltcatcher river, and from thence passing near to Ferguson's mills on Edisto, the nearest and best way to Charleston; and be, and they are hereby appointed commissioners for laying out the said road and keeping the same in repair, and are hereby fully authorized to call out and employ all the male inhabitants from sixteen to fifty years of age, residing within six miles of said road, to work thereon, for any number of days not exceeding twelve in one year. Ferry on 303. And be it further enacted, That a public ferry shall be Lynch's creek and hereby is established on Lynch's creek, at the plantation vested in Ken- of Kenneth M.Callum;* and that it shall and may be lawful for the said Kenneth M Callum, his heirs, executors, administrators and assigns, to take and receive the following rates, and no other, that is to say: for a waggon and team, or other four-wheeled carriage, with horses, two shillings and four pence; for a chair or cart, with one horse, one shilling and six pence; for man and horse, four pence; for each passenger on foot, or led horse, two pence; for each head of black cattle, hogs, sheep or goats ferried or swam over, one half penny. neth M'Cal lum. Rates of ferriage. Road from 304. And be it further enacted, That a public road shall be Statesbo- laid out the nearest and best way from Statesborough to Darrough to Darlington court-house, and from thence to Greenville on Pedee; lington. and that another road be laid out, the nearest and best way Another from from Darlington court-house to Cashaway ferry on Pedee; Darlington to and that the respective county courts of Claremont and DarCashaway ferry, on Pedee. lington counties be, and they are hereby authorized and directed, to appoint commissioners for laying out the said roads, so far as they shall run through their respective counties, and for keeping the same in repair, and to direct what persons shall be liable to work on said roads. Road from 305. And be it further enacted, That a public road shall be Orangeburgh laid out from Orangeburgh to Granby in the district of Orangeto Granby. burgh, in the nearest and best way, and that be, and they are hereby appointed commissioners for laying See A. A. 1806, which vests this ferry in Malcolm M'Callum; and A. A. 1813, vesting it in P. Dubosc. Vid. post. § 777. out said road and keeping the same in repair, and they, or TIT. 19. any four of them, are hereby fully authorized to call out and employ all the male inhabitants, from sixteen to fifty years of A. A. 1791. age, living within ten miles of said road, to work on the same Feb. Sess. for any number of days not exceeding twelve in any one year. And whereas, it is necessary to provide for the superintendance and management of the high roads in those counties where the county courts are suspended : Prince 306. And be it enacted, That a public road leading from Sin- 1 Faust 111. gleton's old field to the public road leading to Santee, be laid Roads to be off and established, and kept in repair by the commissioners laid off in of the roads for Prince George's parish; and another public George's paroad, leading from the old ferry road to the said Hobcaw point, rish and All be laid off and established by the commissioners of the roads Saints. for All Saints parish; and the said commissioners are hereby Who to work respectively authorized to call out and employ all the inhabi- thereon. tants and slaves that are liable to work on the other public roads of the said parish; and the said commissioners are hereby vested with the same powers, and subject to the same penalties, as they are with respect to the other public roads. 307. Whereas the present established ferry which leads from John's island to Charleston, is found to be very circuitous and inconvenient to a majority of the citizens who have occasion to use the same: Be it therefore enacted, That from and immediately after Ferry esta. the passing of this act, a public ferry shall be and is hereby blished on established on a line between the plantations of Main- Stono, from John's island. well and Thomas Simmons, on John's island, to cross Stono river at the causeway or old landing place, between the plantations of Francis Guerin and William Simmons, in St. Andrew's parish. with any per 308. And be it further enacted, That the commissioners for Commissionthe parish of St. John's, Colleton county, or a majority of them, ers appointed be, and they are hereby nominated and appointed commission- to contract ers for contracting and agreeing with any person or persons son for keepwho shall or may be willing to undertake, maintain and keep ing said ferry, the said ferry, and provide a sufficient number of good boats and flats, necessary for the purpose of transporting of passengers, their servants, carriages, horses and cattle, over the said river, as well by night as by day, and that the commissioners of the roads of the said parish of St. John's, Colleton county, be, and they are hereby appointed commissioners to lay off, make and keep in good repair a public road leading from the high road on John's island to the said ferry; and that the com- Road to be missioners of the roads for St. Andrew's parish be, and they laid off on are hereby appointed commissioners to lay off, make and keep John's island. in good repair, a public road leading from the afore mentioned causeway or old landing place, to join the church path of Fran cis Guerin, in St. Andrew's parish. 309. And be it further enacted, That the person or persons Rates to be who shall or may contract, agree for, maintain and keep the the same as said ferry, shall be entitled to demand, take and receive fer- the old ferry, riage at such rate or rates as that which by law is now demand |