evidence; and every witness so refusing or ncg- President of the Senate. JACOB READ, Speaker of the House of Representatives. An ACT to enable the commissioners therein appointed, to clear out and remove the obstructions in that Branch of Ashepoo river, which is called the Horse-shoe creek; and to cut or sink, and keep in repair, a Drain or Canal from the head of the said creek, up the swamp called the Round O Swamp, to the junction of the two branches of the said swamp, at the plantation known by the name of Gilkicker's ; for opening Lowder's-Lake, and for other purposes therein mentioned. E it enacted by the honorable the Senate B and House of Representatives, now met. to be clear and sitting in general assembly, and by the authority of the same, That the branch of Ashepoo Horseriver, which is called the Horse-shoe creek, shall shoe creek be well cleared out, and all obstructions therein ed out and shall be removed, and the same shall always be kept clear. kept clear, and that a drain or canal from the head of the said creck, up the swamp called the Round O Swamp, to the junction of the two branches of the said swamp, at the plantation cuiled Gilkicker's, shall be cut, sunk and made, in the manner and by the persons hereinafter appointed for that purpose. And be it further enacted by the authority Commissi- aforesaid, That Col. William Fishburne, doctor oners ap- James Perry, John Logan and John Postell, espointed. quires, and doctor James Clitherall, be, and they are hereby appointed commissioners for the purposes in this act mentioned; and that upon the death or resignation of either of them, or of any commissioner hereafter to be appointed, the vacancy shall be filled up by the appointment of the remaining commissioners; and he shall have the same power and authority as the commissioners first appointed; and that any three of the said commissioners shall be a board or quorum, to do any business respecting the said creek, and canal or drain, arising out of this act; and all acts, orders and resolutions, passed, carried or done by the votes of a majority of the commissioners present at any meeting, shall be valid, legal and effectual, to all intents and purposes. And be it further enacted by the authority aforesaid, That if the commissioners appointed as aforesaid, shall fail to fill up the vacancies within twelve months from the time when they shall happen, each and every of the commissioners so failing, shall forfeit and pay the sum of fifty pounds to any one of the proprietors of land on the said swamp, who shall sue for and prove the same in the circuit court of the district. And be it further enacted by the authority Time and aforesaid, That the said commissioners shall place of hold their first meeting at such time and place as meeting to be fixed, a majority of them may agree upon for that purpose, and that, at that and every meeting afterwards to be held, they shall adjourn to some cer tain time and place by them to be then appointud; and that they shall meet twice or oftener in every year. The chairman of the board, or any three commissioners, shall however have power to cull extraordinary meetings. tendance. And be it further enacted by the authority aforesaid, "That if any commissioner shall fail Penaltics or neglect to attend any stated meeting, or any for non-atextraordinary meeting, after having had two days notice of such meeting, he shall forfeit the sum of ten pounds; and if while the labourers are actually at work, he fail or neglect to attend at the place for that purpose appointed, for every day's absence he shall forfeit the sum of two pounds, unless in either of these cases he shall offer, at the next stattd meeting, such an excuse as a majority of the board shall determine to be good and sufficient. mission crs. And be it further enacted by the authority aforesaid, That the said board shail have pow- Powers of er to employ a surveyor to lay out the canal the comaforesaid, in as ample a mamier as they shall judge necessary or proper; and that the expenses thereof shall be paid by an assessment by them to be laid, rated and levied upon every slave herein after declared to be liable to work upon the said canal; that they shall have full authority to have the said canal or drain made as deep, and to have any such banks made thereto, as they may deem necessary or proper; and to have one or more locks made in the said canal; and to build new bridges over the said creek and canal; and to enlarge or alter any bridge now erected, or hereafter to be erected, over the said creek and canal, in such manner as they may think adviseable or requisite; and that they shall be empowered to cut down or use, for the said creek or canal, any trees or timber, or any earth or stone, that may be found on of near the course of the said creck or canal; any law, usage or custom to the contrary thereof in any wise notwithstanding. And be it further enacted by the authority Slaves to aforesaid, That every person owning or possessed under ang any slave or slaves, residing upon the planpenalty. tations on the said swamp, shall, upon oath, re be return turn to the said commissioners, whenever by them required, the name of every slave, male or female, from the age of sixteen to fifty years, both included, whom he or she may so own or possess as aforesaid; and if any such person shall fail or neglect to make such return within the time for that purpose to be prescribed by the said board, he or she shall forfeit the sum of three pounds sterling for every slave not returned as above is directed, to be recovered, levied and raised by warrant under the hand and scal of the chairman of the said board, or any three of the commissioners, directed to such person or persons as he or they may think fit to name for that purpose. And be it further enacted by the authority Slaves to aforesaid, That every slave falling within the attend description in the next preceding clause containper tools, cd, shall be liable to work upon the said creek and work and canal; and whenever the said commissionunder a penalty. ers shall think it proper to call out the said slaves, upon the said work, they shall give at least two days previous notice thereof to their owners, if they then be upon the plantations, and if not, to the managers or overseers upon the said plantations; and if there should be no owner, manager or overseer upon either of the said plantations, then to the driver belonging thereto; and after having given such notice, every such slave shall, at the time appointed by the board, repair to the place for that purpose appointed; each male carrying with him a spade with pro and an axe, and each female a hoe; and if any such slave shall fail or neglect to appear at the time and place so appointed, with the implements aforesaid, the owner thereof shall forfeit one dollar for every day during which such slave shall be absent; to be levied, recovered and raised in the same manner as is prescribed in the seventh clause of this act, for the recovery of the penalty therein mentioned; unless such owners shall, at the next regular or stated meeting of the board, offer such excuse as they may think sufficient: Provided always, That the said commissioners shall not compel any slave to work upon the said creek or canal longer than twelve days in the course of any one year. thorized to And be it further enacted by the authority aforesaid, That the said board shall always have commissi power to summon, by a previous notice of at oners auleast two days, all the white inhabitants living up- summon a on the plantations above mentioned, who are lia- patrol. ble to do patrol duty, to appear well armed and accoutred, at the time and place where the slaves are to be employed; and upon being so summoned, every such white inhabitant shall be bound to attend accordingly, and to execute all orders given to them by either of the commissioners, for the superintendance and management of the said slaves, and to preserve among them peace and good order; and if either of the said white inhabitants shall fail or neglect to attend, as is above directed, or to execute the orders given him by either of the said commissioners, he shall forfeit two dollars for such neglect or disobedience of orders, and for each day's default, to be levied, raised and recovered in the same manner as the penalty in the seventh clause of this act is directed to be recovered; unless at the next regular or stated meeting of the board, he shall offer a sufficient excuse to them. |