South Carolina - Two Legislative Acts about Roads in 1703

1703 Laws - Statute 214 - A Continuing and Additional Act to an Additional Act for Making and Mending Highways

WHEREAS, the Act entitled "An Additional Act for the Mending of Highways, &c.," ratified in open Assembly the third day of February, 1702, is near expiring.

I. Be it therefore enacted, by his Excellency John Granville, Esqr., Palatine, and the rest of the true and absolute lords and proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestown for the South-west part of this Province, That the said Act, and every thing therein contained, be, and is hereby, continued to be and remain in full force, for and during the term of three years after the ratification hereof, and no longer.

II. And for the better encouragement to settle inland plantations, and for the commodity of persons which are already settled inland, Be it enacted, That the commissioners, or the major part of them, in every division appointed, or to be appointed by an Act entitled "An Act for the Making and Mending of High-ways, &c." shall have power, and they are hereby empowered, in their respective divisions, at the request and instance of any person which is already settled, or shall hereafter settle inland, to lay out, and cause to be marked or staked, for a convenient landing for the person at whose request the same is laid out; which road or highway laid out as aforesaid, shall be made at the cost of the person or persons for whom it is laid out, and shall be forever after a common road, as other roads laid out by virtue of the aforesaid Act are appointed to be.

III. And be it further enacted, That every person which shall stop, molest, hinder, or disturb the commissioners in laying out the road aforesaid, or which after the road is laid, shall hinder persons to make use of, or shall prejudice or spoil the same, shall forfeit the sum of one hundred pounds; to be recovered by bill, plaint, or information, in any court of record within this part of the Province; one moiety thereof to be paid into the hands of the receiver for the use of the pubhc, and the other half part, to him or them that shall sue for the same; wherein no protection or wager of law shall be allowed or admitted.

Read three times and ratified in open Assembly,
the seventeenth day of September, 1703.

N. JOHNSON,
THO. BROUGHTON.
JAS. MOORE,
ROBT. GIBBES,
NICHOLAS TROTT,
HENRY NOBLE.

1703 Laws - Statute 218 - An Act for the Cutting and Making a Path out from the Road on the North Side of Ashley River, to the Town of Wilton in Colleton County, and Appointing Ferries in the Said Road

WHEREAS, the remoteness and great distance from Charlestowne, of many of the southern inhabitants of this Colony, is a great hindrance to the speedy uniting our forces on any emergent occasion, as well as a considerable interuption to business and commerce; and whereas, some of the members of Colleton County have informed the Commons, now met a Charlestowne, that several of the inhabitants of that county and others, are willing, at their owne proper costs, labour and charges, to make one common road and highway out of the broad path on the north side of Ashley River, through the plantation of William Williams, to Stony Point; and are also willing, at their own proper costs, labour and charges, to make one other common road or path, from the plantation of Thomas Rose, planter, on the
South-west side of Ashley River, to the town in Colleton County called Wilton; which will much conduce to the speedy conjunction of our forces on all occasions, and the speedy communicating and carrying on of alarms in this time of war.

I. Be it therefore enacted, by his Excellency John Granville, Esquire, Palatine, and the rest of the true and absolute Lords and Proprietors of this Province, by and with the advice and consent of the rest of the members of the General Assembly, now met at Charlestowne for the South-west part of this Province, and it is enacted by the authority of the same. That vvith all convenient speed, after the ratification of this Act, there be laid out, made, mended, and kept clear, one common road or highway, out of the broad path on the north side of Ashley River, through the plantation of William Williams, to Stony Point; and also, from the plantation of Thomas Rose, planter, on the South-west side of Ashley River, to the town in Colleton County, called Wilton. Which several paths are to be laid out by the advice and direction of the commissioners hereafter named.

II. And he it further enacted by the authority aforesaid, That the commissioners in this Act hereafter nominated and appointed, are hereby fully impowered to direct and appoint the keeping of a Ferry for the transportation of man and horse, to and from the plantation of Thomas Rose, planter, to Stony Point; and the said commissioners are hereby further impowered to appoint the keeping of such other ferries on the said roads, as they, or any three of them, shall think proper and necessary.

III. And be it further enacted by the authority aforesaid, That each master, owner, or manager of such Ferry, shall, for the transportation of each passenger, take one royall, and for the passage of man and horse, one royall and a half, and no more.

IV. And be it also enacted by the authority aforesaid, That William Elliott, John Cattle, Thomas Elliott, John Reamer, and James Cockrham, or any three of them, be, and are hereby, nominated and appointed the commissioners mentioned in this Act, to make choice of and direct the laying out, making, mending, and keeping clear, the several roads and paths before mentioned; as also, for the appointing the several Ferries, in such parts and places in the said paths, as they, or any three of them, in their discretion shall think fit.

V. Arid be it further, enacted, That every person which shall stop, molest, hinder, or disturb the commissioners in laying out the paths aforesaid, or which shall, after the paths are laid out, hinder persons to make use of, or that shall prejudice or spoil the same, shall forfeit the sume of ten pounds; to be recovered by bill, plaint or information, in any court of record within this part of the Province; one moiety thereof to be paid into the hands of the receiver for the use of the publick, and the other half part, to him or them that shall sue for the same, wherein no protection or wager of law shall be allowed or admitted. Provided always, and it is hereby enacted. That all ferries appointed by virtue of this Act, shall, in time of alarms, be free to all persons that pass the said ferrys, any thing in this Act to the contrary notwithstanding.

Read three times, and Ratified in open Assembly,
the three and twentieth day of December, 1703.

N. JOHNSON,
THOS. BROUGHTON,
NICHOLAS TROTT,
JOS. MORTON,
ROBT. GIBBES.
HENRY NOBLE.



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