Childsbury, South Carolina

An Act for Erecting a New Causeway Leading to Childsbury Ferry

May 25, 1745

From "The Statutes at Large of South Carolina - Volume IX," Pages 136-138:

AN ACT to impower the Commissioners of the High-Roads for the Parish of St. John, in Berkeley county, to make a new Causey [Causeway] 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 Frederick Winyaw; and to rectify a mistake in an Act of the General Assembly of this Province, entitled "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 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. John, in Berkeley county, have, by their humble petition to the General Assembly, set forth that the causey at Childsbury ferry being very narrow and crooked, if the same was made straight the road would be considerably shortened; to the intent, therefore, that the said commissioners may be enabled to make the said causey more convenient for travellers, we humbly pray your 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 Carolina, by and with the advice and consent of his Majesty's Honorable 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 Berkeley county, be, and they are hereby, fully authorized, empowered 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 parish.

II. And be it further enacted by the authority aforesaid, That the expense of making the said new causey, and keeping the same hereafter in 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 custom, to the contrary notwithstanding.

III. And whereas, several of the inhabitants on Black Mingo Creek, in the parish of Prince Frederick Winyaw, have, by 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 canoes, and praying for a law for that purpose. Be it therefore enacted by the authority aforesaid, That Thomas M'Keithen, John M'lver, David Allen, Nathaniel Drew, and John M'Cants, be, and are hereby appointed, commissioners for cutting and clearing the lakes and water-courses in the swamp at the head of Black Mingo creek aforesaid; and they are hereby fully authorized and empowered to cut and clear the lakes and water-courses in the said swamp, (that is to say,) from the plantation of Col. Anthony 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 reimburse 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 that shall be put on hoard any 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 bushel 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 impowercd 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 contributed to the expence of cutting and clearing the said water-passage, until 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."

IV. And be it further enacted by the authority aforesaid, That the said 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 moneys 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 defrayed.

V. And be it further enacted by the authority aforesaid, That in case any action or suit shall be brought, sued or prosecuted, against the said several commissioners, or any or either of them, or any other person or persons 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, 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 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 defendants.

VI. And be it further enacted by the authority aforesaid, That in case 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 commissioners 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 particularly named.

VII. And whereas, by an Act of the General Assembly, passed the twenty-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, 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 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, opposite to the landing of John Wallis, Esq., deceased, in the parish of Prince George Winyaw, shall be, and are hereby, vested in the said commissioners for building a bridge over the said north branch of Black river, opposite to the landing of John Wallis, Esq., deceased, in the parish of Prince Frederick, Winyaw; any thing in the said Act to the contrary notwithstanding.

WM. BULL, Jr., Speaker.
In the Council Chamber, the 25th day of May, 1745.
Assented to: JAMES GLEN.



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