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An Act for opening and improving the Navigation of Swift Creek, in the County of Edgecomb. 1810 21 (1810)

handle is hein.slavery/ssactsnc0015 and id is 1 raw text is: LAWS OF NORTH.CAROLINA. pdwered to sue and be sued, plead and be impleaded, before any jurisdiction in this State having cogni-18to esnce thereof, and may appoint such officers fiom time to time as they may think necessary, and may make such by-aws as they may think proper to make: Provided, they are not inconsistent with the con- stitution and laws of the State, or the constituthon of the United States. II. And be it further enacted, I hat from and after the passing of this act, the aforesaid Navigation Company are vested with full power and authority to raise, by way of lottery or lotteries, a sum not ex- ceeding five thousand dollars, to be applied to the purpoec of opening said Navigation as aforesaid, by such scheme or schemes as the Commissioners, or a majority of them, may think proper to advise. III. And be itjitrther enacted, That the aforesaid Commissioners, or a majority of them, shall have full power to appoint such other Commissioners as they may think most advisable. CHAP. XXVIII. An Act for o ning and improving the Navigation of Swift Creek, in the County of Edgecomb. BE it enacted by the General Assembly of the State of North.Carolina, and it is hereby enacted by the authority of the same, That John Wiggins, Frederick Phillips, Dempsey Bryan, Henry Jenkins and William Jones, be, and they are hereby constituted and appointed trustees for opening and improving the navigation of Swift Creek, from Exum Lewis's mill on said creek, to its junction with Tar River; and they are hereby authorised to take and receive subscriptions for that purpose; and if any peraon or persons shall neglect or refuse to pay or to furnish the several sums of money or number of days work, by him or them respectively subscribed for the purposes of this act, it shall be lawful for the said trustees to recover the same, in the name of the trustees aforesaid, by warrant before a single magistrate. The said trustees, or a majority of them, shall have power to contract and agree with any person or persons for clearing and improving the navigation of the creek aforesaid, in such manner as to them shall seem most proper, and to remove all obstructions which shall in any wise injure the said navigation. 11. And be itfurther enacted, That the said trustees, or a majority of them, as often as they may think necessary, shall nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies subscribed by virtue of this act. And the said receiver or receivers shall be accountable for the due appropriation of the same to such person or persons as the said trustees, or a majority of them, shall direct. III. And be it further enacted, That if any person or persons shall obstruct the navigation of said creek, by the falling of a tree or trees, or the rolling of a log or logs into the same, and shall not re- move the same within forty-eight hours ; or shall erect any dam, hedge or other stoppage, whereby the navigation of the said creek shall be impeded, it shall be deemed a nuisance; and every freeman of full age so offending, or the parent, master or owner of every child, apprentice, servant or slave so offend- ing, shall forfeit and pay the sum of five dollars for every such offence, to be recovered by the said trus- tees, by warrant, before a single magistrate. And all penalties recovered by virtue of this act, shall be .applied by the said trustees towards improving and keeping open the navigation of the said creek. And in case of the death, resignation, removal or disability of any of the said trustees, it shall be lawful for the remaining trustees to supply the vacancy. This act shall commence and be in force from and after the first day of February next. CHAP. XXIX. An Act to authorise and empower Caleb Ethridge, Mitchell Simmons and PhiliP Dozier, ofCurrituck County, to cut a Canal on Cowenjock, in said County. WHEREAS the cutting of a Canal from Cowenjock, up the old canal formerly begun by James Ethridge and others, in Currituck County, and extending the same on the north side of Canun's Ridge, and thence westwardly through the said swamp to the turn of the road that runs across the East Ridge, between Samuel Whikhour and Philip Douges plantation, would be of great utility to the inhabitants, as well for a convenient road, as the draining a large body of swamp land: Therefore, Be it enacted by the General Assembly oj the State of North.Carolina, and it is hereby enacted by the authority of the same, That Caleb Ethridge, Mitchell Simmons and Philip Dozier, be, and they are hereby vested with full power and authority to receive subscriptions and donations from such public spirited men as may be inclined to aid such a laudable undertaking, and dispose of the same as they may think proper, for the purpose of draining the said swamp and making a road. II. And be it further enacted, That the commissioners herein named, shall be known and stiled The Great Swamp Road Company, and shall have full power to sue and be sued, and plead and be impleaded, for any money subscribed, or any other contract made or done, in behalf of said road and canal. Ill. And b it further enacted, That the said company, or a majority of them, shall have full power and authority to remove all obstructions that shall or may be detrimental unto said road or canaL And if any person shall designedly injure the said road or caal. such person or persons shall be answerable to the said company for double the amount of dmage thereby sustained, to be recovered by an action of trespass, before any jurisdiction having cognizance thereof. IV. And be it further enacted, That the said commissioners are hereby vested with full power to ap. point an additional number of commissioners to assist tha m in completing the said road and canal; and to do all thing- which may appear to them beneficial in effecting the pm poses of this act. CHAP. XXX. An Act to renew an Act passed in the year 1807, entitled An Act to render Navigable Colly Swamp, in liladen Countyt' BE it enactedby the General Assembly of the State of North-Carolina, and it is hcreby en cird b4 the atuthority of the same, That the above recited act be renewed an continued in full force and virune : Provided, that the company named in said act, incorporated anl stitd The Colly Sw.nnp ComPany, do meet at the house of William Bevan, at Colly lower Bridge. on or before the first day of June nex- to devise or form such regulations as to them ma) seem expedient to carry into tffect the navigation of daid awn mP 2.1

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