Burke County, NC - Isaac T. Avery - Act For Road, 1827

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An Act to authorise Isaac T. Avery to establish a turnpike road in the 
county of Burke

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 William
M'Gimpsey, Joshua Young and William English, be, and they are hereby
appointed commissioners to view and lay off a road on the best ground
the intervening country will afford for a turnpike road, along the 
line of the Yellow Mountain road, leading from George Rowan's, in
Burke county, to the Tennesse line.

Be it further enacted, That the road so laid off be vested for
twenty-five years in Isaac T. Avery, of Burke county, on the following
conditions: First, that the said Isasc T. Avery shall open and make
said road sixteen feet wide, clear of obstructions, (except where side
cutting may be necessary,) in which case the road shall be twelve
feet wide; secondly, that the said Isaac T. Avery shall construct all
necessary bridges at least twelve feet wide; the declivities of said
road shall not exceed one foot perpendicular to eight horizontal, and
recurrence shall be had to this steepness as seldom as possible.

Be it further enacted, That upon the said Isaac T. Avery making it
appear to the satisfaction of said commissioners, or their successors,
that the said road is fully completely agreeable to the second section
of this act, then the said Isaac T. Avery shall be authorised to erect
a gate and receive the following tolls, to wit: for a man and horse,
twelve and a half cents; for loose horses and mules, six and a quarter
cents each; for hogs and sheep, one cent each; for beef cattle, three
cents per hear; for stock cattle, two cents per head; for road waggons,
seventy-five cents each; for four wheel pleasure carriages, seventy
five cents each; for carriages and vehicles of every other description,
twenty-five cents: Provided, that such of the citizens of Burke county
as heretofore have assisted in opening and keeping in repair the road
from the foot of the south side of Linville ridge to George Rowan's,
or as may hereafter be assigned to work on said road, shall in no wise
be liable to the said tolls; and provided further, that all persons who
heretofore made contributions in money for opening said road from Linville
to George Rowan's, shall be permitted to pass over the turnpike road
aforesaid free of toll, until this toll shall amount to the sum respectfully
subscribed by each person; after which they shall become liable to pay toll
as all other persons: Provided further, that the United States' mail,
sheriff and constables of said county, in the discharge of their official
duties, shall also pass free of charges.

Be it further enacted, That the first County Court after said road is
completed, shall appoint five commissioners, three of whom shall have power
to act, and two of whom shall reside on the said road, none of them being
related to, or connected with the said Isaac T. Avery, whose duty it shall
be, upon complaint or information made to any of them, that the said
road is out of repair, to review said road; and if it is not in good repair,
to order the gate to be thrown open; after which time, if the gate keeper
shall receive any toll until the said road be repaired and put in good
and lawful order, the said Isaac T. Avery shall forfeit and pay, for every
offence, ten dollars, to be recovered by warrant before any justice of the
peace of said county; to be applied one half thereof to the use of the
said county, and the other to the use of the person suing for the same; 
and the said Isaac T. Avery shall pay said commissioners one dollar each,
for every day they may be employed in viewing said road, on complaint or
information to them; which must always be on oath.

And be it further enacted, That if the said Isaac T. Avery shall not 
complete the said road in the manner heretofore prescribed, within two
years from and after the passage of this act, the privileges hereby granted
to the said Isaac T. Avery shall cease and determine.


Source:
Public and Private Laws of North Carolina
1827
Chapter LXXXV
Page 63

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This file was contributed for use in the USGenWeb Archives by
Guy Potts – gpotts1@nc.rr.com
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