Overseers. assigned them, shall make to the county courts of their respective counties, a full report in writing of all their proceedings, designating therein as nearly as practicable, all the alterations and improvements proposed by them. SEC. 4. Be it further enacted, That the county courts of the respective counties aforesaid, a majority of the acting justices of the peace being present and concurring in said report, shall appoint as many overseers and designate as many hands as they may deem necessary to make the alterations and improvements suggested by the commissioners aforesaid, which overseers and hands shall be duly notified in the manner now prescribed by law, and for failure to work or perform their duties as required by this act, shall be subject to all the fines and forfeitures now imposed for similar failures by the existing law, which shall be recovered in the same way, and when so recovered, shall be applied to the improvement of the road herein before named, as similar recoveries are now applied to the improvement of the public roads in this State. SEC. 5. Be it further enacted, That when the alterations and improvements hereinbefore provided for shall be completed, they shall form a part of the public road between the points first above mentioned, and shall be kept in repair as other parts of the same road and as other public roads in this State are now kept in repair. SEC. 6. Be it further enacted, That this act shall be in force from and after the first day of March next. [Ratified the 14th day of February, 1855.] Chap. 216. AN ACT TO LAY OFF AND ESTABLISH A PUBLIC ROAD FROM THE STATE ROAD AT WM. WEAVER'S, IN THE COUNTY OF ASHE, TO INTERSECT THE GRADED ROAD ON PHOENIX CREEK, IN SAID COUNTY. Commissioners To take oath. SEC. 1. 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 E. C. Bartlett, James Blevins and Wm. Weaver be, and the same are hereby appointed commissioners to view and lay off a road from Wm. Weaver's to the graded road, the most practicable route, which, in no place, shall be steeper than one foot perpendicular, for sixteen feet horizontal. SEC. 2. Be it further enacted, That the said commissioners, before entering upon their duties required by this act, shall take an oath before some justice of the peace of the county aforesaid, to examine and lay off said road, the best and most practicable route, having due regard to private property, as well as public good. SEC. 3. Be it further enacted, That when said road shall Report. be laid off, it shall be the duty of the said commissioners to make a report thereof, to the next county court of said county, under their hands and seals. SEC. 4. Be it further enacted, That the county court of Overseers. said county, at least twelve justices of the peace being present, shall have power to appoint overseers, with suitable allotments and hands to construct said road: Provided, however, That no hands liable to work on the State road, shall be required to work on this road. SEC. 5. Be it further enacted, That, should any damages Damages. be sustained by the owners of land over which the road may be located, the same shall be assessed as now provided by law in such cases. [Ratified the 14th day of February, 1855.] AN ACT TO IMPROVE THE ROAD FROM JOHN KENEDY'S TO THE TOP Chap. 217. OF THE BLUE RIDGE, NEAR THE FISHER'S GAP, IN THE COUNTY OF SURRY. ated. SEC. 1. Be it enacted by the General Assembly of the State $500 appropriof North-Carolina, and it is hereby enacted by the authority of the same, That five hundred dollars be appropriated, out of any moneys in the public treasury not otherwise appropriated, for the completion of said road. SEO. 2. Be it further enacted, That John Kenedy, Jack- Commissioners son Low and Ice Snow are hereby acpointed commissioners to superintend said work, and that when they shall report to the public treasurer of this State that five hundred dollars in work has been expended on said road, under their hand and seal, it shall become the duty of the said treasurer to pay over to them the amount of five hundred dollars, for which same [sum] he shall be allowed in his settlement of public accounts. missioners. SEC. 3. Be it further enacted, That it shall be the duty of Duty of comthe said commissioners to report to the committee of finance of said county how and where such money has been expended, and upon a settlement with said committee of finance, shall be entitled to a receipt for the same, otherwise shall be liable to the chairman of the county court in a suit of damage for the same, to be tried and determined by said court. SEC. 4. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified the 14th day of February, 1855.] the treasury not otherwise appropriated, to the commissioners appointed by the act of Assembly of 1852, to view and lay off the road from Enoch Vanoy's mill, in the county of Wilkes, across the blue ridge at the Horse Gap, through the county of Ashe, to the Virginia line, near the mouth of Wilson: Provided, nevertheless, That said moneys shall not be paid over to said commissioners, until the sum of five hundred dollars, under the direction of said commissioners, shall have been laid out on said road, by the citizens of the counties of Wilkes and Ashe, either in labor, to be estimated by the said commissioners, or in money paid over or secured to them; and when that amount of labor has been expended on said road, and said commissioners or a majority of them shall certify that fact to the public treasurer, then he is directed to pay over to them for the purpose aforesaid, the sum of five hundred dollars. [Ratified the 14th day of February, 1855.] Chap. 221. AN ACT TO ESTABLISH A PUBLIC ROAD IN THE COUNTY OF ROWAN. Commissioners To take oath. Duty of commissioners. SEC. 1. 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 D. Johnson, Nimrod Dobbin and John G. Fleming, be, and they are hereby appointed commissioners to view and lay off a road from the town of Salisbury, in the county of Rowan, to the junction of Statesville and Wilkesboro' roads in said county. SEC. 2. Be it further enacted, That before the commissioners shall enter upon the duties of their office, they shall take an oath before some justice of the peace of Rowan county, that they will lay off said road the best and most convenient way, having due ragard to private property as well as public good, and said commissioners shall have power to assess any damage that any individual may sustain by the construction of said road, and such damage shall be paid by the county of Rowan. SEC. 3. Be it further enacted, That it shall be the duty of said commissioners to report to the county court of Rowan, and if said court, (twelve magistrates being present,) concur in said report, their decision shall be final and conclusive, and no appeal shall be allowed therefrom, to the superior court of law of said county; said court shall have full power and authority, and it shall be their duty to appoint overseers, and order a sufficient number of hands to open the road, which may be laid off by the said commissioners, between the points above designated, and when said road shall be opened as required by this act, it shall be a public highway, and be kept in repair as other public roads in this State, under the same penalties and restrictions. SEC. 4. Be it further enacted, That this act shall be in force from and after its ratification. [Ratified the 9th day of January, 1855.] AN ACT TO LAY OFF AND IMPROVE A PUBLIC ROAD FROM THE Chap. 222. FORKS OF IVY TO THE TOP OF THE DIVIDING RIDGE IN MAD ISON COUNTY. SEC. 1. Be it enacted by the General Assembly of the State Commissioners of North-Carolina, and it is hereby enacted by the authority of the same, That Robert Patterson, John Ramsey, Abner Jervis, Berry Duck and Pinckney C. Anderson, all of Madison county, be and they are hereby appointed commissioners to view and lay off a road commencing at the fork of Ivy and running up or near little Ivy to Robert Panders, Senr., thence across the Walnut mountain to Laurel creek, thence to the top of the dividing ridge at the Tennessee line so as to connect with the Jonesboro' road leading to Asheville, North-Carolina. SEC. 2. Be it further enacted, That before said commis- To take oatb. sioners shall enter upon the duties of their appointment, they shall take an oath before some justice of the peace to lay off said road with due regard to private property as well as to the public good, and to select the most eligible route. SEC. 3. Be it further enacted, That when said road shall Duty of combe laid off and the survey completed, the said commissioners missioners. shall make report thereof to the county court of Madison county, under their hands and seals; and it shall then be the duty of the court of pleas and quarter sessions of said county to appoint the overseers and order out a sufficient number of hands liable to work on public roads, to complete the said road agreeable to the report of said commissioners, and to keep up said road as other public roads are kept up. [Ratified the 14th day of February, 1855.] AN ACT TO LAY OFF A PUBLIC ROAD FROM UNION CHURCH ON LIT- Chap. 223. SEC. 1. Be it enacted by the General Assembly of the State Commissioners of North-Carolina, and it is hereby enacted by the auhority of the same, That T. M. Mitchell, Hugh Lawson and Allen Fender be, and the same are hereby appointed commissioners to view and lay off a road from Union Meeting House, on Little river, in the county of Ashe, by way of D. H. the treasury not otherwise appropriated, to the commissioners appointed by the act of Assembly of 1852, to view and lay off the road from Enoch Vanoy's mill, in the county of Wilkes, across the blue ridge at the Horse Gap, through the county of Ashe, to the Virginia line, near the mouth of Wilson: Provided, nevertheless, That said moneys shall not be paid over to said commissioners, until the sum of five hundred dollars, under the direction of said commissioners, shall have been laid out on said road, by the citizens of the counties of Wilkes and Ashe, either in labor, to be estimated by the said commissioners, or in money paid over or secured to them; and when that amount of labor has been expended on said road, and said commissioners or a majority of them shall certify that fact to the public treasurer, then he is directed to pay over to them for the purpose aforesaid, the sum of five hundred dollars. [Ratified the 14th day of February, 1855.] Chap. 221. AN ACT TO ESTABLISH A PUBLIC ROAD IN THE COUNTY OF ROWAN. Commissioners To take oath. Duty of commissioners. SEC. 1. 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 D. Johnson, Nimrod Dobbin and John G. Fleming, be, and they are hereby appointed commissioners to view and lay off a road from the town of Salisbury, in the county of Rowan, to the junction of Statesville and Wilkesboro' roads in said county. SEC. 2. Be it further enacted, That before the commissioners shall enter upon the duties of their office, they shall take an oath before some justice of the peace of Rowan county, that they will lay off said road the best and most convenient way, having due ragard to private property as well as public good, and said commissioners shall have power to assess any damage that any individual may sustain by the construction of said road, and such damage shall be paid by the county of Rowan. SEO. 3. Be it further enacted, That it shall be the duty of said commissioners to report to the county court of Rowan, and if said court, (twelve magistrates being present,) concur in said report, their decision shall be final and conclusive, and no appeal shall be allowed therefrom, to the superior court of law of said county; said court shall have full power and authority, and it shall be their duty to appoint overseers, and order a sufficient number of hands to open the road, which may be laid off by the said commissioners, between the points above designated, and when said road shall be opened as required by this act, it shall be a public highway, and be kept in repair as other public roads |