Authorisation for Shaler Hillyer to Build a Dam

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE At an Annual Session, IN NOVEMBER AND DECEMBER 1815.

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; PASSED IN NOVEMBER AND DECEMBER, 1815.

1815 Vol. 1 -- Page: 58

Sequential Number: 036
Type: AN ACT

Full Title: To authorise Shaler Hillyer of the county of Wilkes, to build a mill-dam across Broad River, at the Shoals called and known by the name of Muckle's Ferry Shoals, and for other purposes.

1. BE it enacted by the Senate and House of Representatives in General Assembly met, and it is hereby enacted by the authority of the same, That the said Shaler Hillyer, his heirs or assigns, be, and they are hereby authorised, to build a mill-dam across the said river at the place aforesaid, and to keep the same in perpetual repair, under the provisions and restrictions hereinafter pointed out any law or parts of laws heretofore passed to the contrary notwithstanding.

2. And be it further enacted, That the said mill-dam shall be so constructed, that it shall not on the highest part thereof exceed four feet in perpendicular height, above the common level of the river.

3. And be it further enacted, That there shall be at least twenty feet of said dam, immediately over and across the main channel or sluice of said river so constructed, that during the shad season or time of catching shad, it can be with ease lessened in height, so as to admit shad or other fish to ascend and descend without difficulty; and provided also, that the said Shaler Hillyer, his heirs or assigns, shall at all times keep the mill-race or canal leading to his mill now built at or near the Shoals aforesaid, fit and calculated for the safe navigation of boats of the size of those usually navigating between Petersburg and Augusta, which race or canal shall be so constructed, as to admit such boats or other craft to ascend and descend out of and into the said river, above and below the ends of the said race or canal without delay, whenever the waters in the said river will admit its navigation.

4. And be it further enacted, That the said Shaler Hillyer, his heirs or assigns, shall well and truly, so long as they or either of them shall keep up said dam, maintain and keep in constant repair a necessary slope for the passage of fish through the said dam, in conformity with the provisions of the third section of this act, from the first day of February, until the first day of May in each and every year.

5. And be it further enacted, That if the said Shaler Hillyer, his heirs or assigns, shall admit or suffer any impediment to the passage of fish over the slope in the said dam, so to be constructed as aforesaid, from the said first day of February until the said first day of May, they or either of them, shall forfeit and pay the sum of five hundred dollars, one half thereof to the complainant, and the other half to be applied to the improvement of the navigation of said river, to be recovered before any court in this state, having competent jurisdiction thereof.

6. And be it further enacted, That it shall not be lawful for any person or persons whatsoever, to fish for shad or other fish with nets, gigs or any other instrument or machine whatever, (other than the hook and line) within two hundred yards, either above or below the said dam, from the said first day of February until the said first day of May.

7. And be it further enacted, That if any person or persons shall be convicted of fishing or attempting to fish, with any of the instruments or within the distance or time herein before forbidden, and being thereof duly convicted, shall forfeit and pay for every such offence, the sum of fifty dollars, to be recovered before any court having competent jurisdiction thereof, one half to the complainant and the other half to be applied to the improvement of the navigation of said river; except where the offender or offenders should be slaves; then and in that case, he, she or they so offending, shall receive on his, her or their bare back ten lashes; which punishment may be inflicted on due proof thereof before any one or more justices of the peace of this state. And the owner of such slave, or other person having charge or the management of such slave, shall for every such offence committed by such slave, forfeit and pay the sum of twenty dollars, to be recovered and applied in the same manner as if such offence had been committed by a free white person; and if the person or persons so offending should be a free person of color, then and in that case, he, she or they shall receive on his, her or their bare back thirty-nine lashes, which punishment shall be inflicted in the same manner, and under like restrictions, as by this act prescribed for inflicting punishment on slaves for the like offence.

8. And be it further enacted, That it shall be the duty of the said Shaler Hillyer, his heirs or assigns, to keep in constant repair the said race or canal, and a suitable lock therein, so long as said dam shall be kept up, so as to admit an easy and speedy navigation of boats through the said race or canal, and for every day any boat may be detained by reason of said race or canal not being in proper repair for the navigation of boats as aforesaid, the said Shaler Hillyer, his heirs or assigns, shall forfeit and pay to the party aggrieved one hundred dollars for every day such boat may be detained by reason thereof, to be recovered before any court having competent jurisdiction thereof, to be applied as aforesaid.

9. And be it further enacted, That if the Commissioners heretofore appointed by an act, entitled an act, to keep open the main channel of Broad river, from the confluence of the same with the Savannah river, to the mouth of Hudson's river in Franklin county, passed on the 13th December, 1809, together with the commissioners hereinafter named, or a majority of them, or a majority of any commissioners that may at any time hereafter be appointed, shall at any time hereafter, on reviewing the said dam, be of opinion that the said dam obstructs the passage of fish, or that it is in any way detrimental thereto, the said Shaler Hillyer, his heirs, executors, administrators, or assigns, or other person claiming under his or their authority, or other person having charge of the said premises, on being notified by the said commissioners or a majority of them, shall immediately proceed to remove such part of said dam or other obstruction in the said shoal, as the commissioners aforesaid or a majority of them shall direct; and in case the said obstruction shall not be removed within five days after notice being given as aforesaid, the said Shaler Hillyer, his heirs, executors, administrators or assigns, or other person owning said premises, shall for every 42 hours such obstruction now in the meaning of this act, shall remain unremoved, forfeit and pay the sum of fifty dollars, and in proportion to that sum for a longer or shorter time, to be recovered before any court having competent jurisdiction thereof; one half thereof shall be paid to the informer, the other half to be applied to the improvement of the Navigation of the said river.

10. And be it further enacted, That in case the said dam or other obstruction that may be placed in the said shoal, shall not be removed within the time prescribed by this act, it shall and may be lawful for the commissioners aforesaid, or a majority of them, and they are hereby required, to remove or cause the same to be removed, by calling to their aid any number of citizens as they may deem necessary for the purpose of removing the same, and in case any citizen as aforesaid who shall be called on, and who shall refuse to aid and assist in removing such [Illegible Text] or other obstruction, shall for every such neglect or refusal, forfeit and pay the sum of ten dollars, to be recovered before any court having competent jurisdiction thereof, one half shall be applied to the improvement of the navigation of the said river, and the other half shall be paid to the commissioners aforesaid.

11. And be it further enacted, That when any of the aforesaid obstructions shall have been removed, and the said shoal shall thereafter be obstructed by any dam or dams, trap or traps, or any other obstruction, other than such as shall at all times be admitted of by the said commissioners, or a majority of them, the person or persons so offending shall forfeit and pay the sum of fifty dollars, for every 12 hours such obstruction shall remain unremoved, and in proportion to that sum for a longer or shorter time, to be recovered before any court having competent jurisdiction thereof, one half to be paid to the informer, and the other half to be apphed to the improving of the navigation of said river.

12. And be it further enacted, That the commissioners which may at any time hereafter be appointed for the purposes contemplated by this act, shall be composed of persons residing above the aforesaid shoal, and a majority of the whole number shall reside in the counties of Madison and Franklin, and in case of the death, removal, refusal to serve of the whole, or any part of the said commissioners, the Inferior court of the county where the same shall happen, shall on application of any one of said commissioners, proceed to appoint others in their place or stead, to act until the meeting of the next General Assembly thereafter, and until successors shall have been appointed by law.

13. And be it further enacted, That one third of all other parts of the said river, including the main current or channel thereof, from the confluence of the same with the Savannah river, to the mouth of Hudson's river in Franklin county, shall be kept clear of all kind of obstructions whatsoever, and any person who has heretofore obstructed the said current or main channel as aforesaid, or any person who may claim the benefits derived from such obstruction, and who shall not remove the same before the first day of March next, shall for every 12 hours the same may remain unremoved thereafter, forfeit and pay the sum of fifty dollars, to be recovered before any court having competent jurisdiction thereof, one half to the informer, the other half to be applied to the improvement of the navigation of said river; and the said commissioners shall have power and authority to remove any and all such obstructions, as pointed out by this act for removing obstructions in the aforesaid shoal.

14. And be it further enacted, That in case any person or persons shall after the passage of this act, obstruct any part of the main current or channel as aforesaid, he, she or they shall forfeit and pay the [Illegible Text] of fifty dollars for every 12 hours the same [Illegible Text] remain unremoved, to be recovered before any court having competent jurisdiction thereof, one half to the informer, the other half to be applied to the improvement of the Navigation of said river; and the said commissioners or a majority of them, shall proceed to cause the same to be removed in the same manner as pointed out by this act for removing obstructions in said river.

15. And be it further enacted, That Philip Shackleford, John Wilhight, Isaac David, Andrew M'Iver and Archelus Moon, of the county of Madison; and Richard Bond, William Redwine and Joseph Bond, of the county of Franklin; and Charles Woodson Christian of the county of Elbert, be, and they are hereby appointed commissioners of said river, in addition to the commissioners appointed by an act, entitled an act, to keep open the main channel of Broad river, from the confluence of the same with the Savannah river, to the mouth of Hudson's river, in Franklin county, passed on the 13th day of December, 1809.

BENJ. WHITAKER,

Speaker of the House of Representatives.

WILLIAM RABUN,

President of the Senate.

D. B. MITCHELL, Governor.

Approval Date: Assented to, 8th December, 1815.

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