1897 public laws – Ch.388 Sec.6
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CHAPTER 388 An act to keep the Catawba river open as a highway for floatage. WHEREAS, it has been held by the Supreme Court of North Carvlina that certain portions of the Catawba river and Johns river are floatable streams and navigable highways for the pur- pose of floatage, in which the public have rights paramount to those of the riparian proprietors ; and, WHEREAS, it is the right and duty of the counties through which highways pass, or of which they constitute. the bound- aries, to provide for keeping them in proper condition to be used by the public ; now, therefore, The General Assembly of North Carolina do enact:
That upon ascertaining the number of logs floated on said rivers along each of said divisions as aforesaid,it shall be the duty of the said board of managers to apportion the amount due each of said counties and certify the sum to said boards of county commissioners ; and it shall be the duty of each of said boards to order the amounts found to be due to their respective counties to be assessed against the owners of logs floated asa _ tax or toll, and a copy of said order of assessment duly certified and delivered to the sheriff of the county in which it is made a or to the sheriff of any one of the three counties of Burke, Caldwell and McDowell, or of any other county in which any property belonging to the owner of the logs may be floated, shall have the foree and effect of a judgment and execution for said { | ; amount and may be levied on the property of the person or | corporation against whom the assessment is made by the sheriff, to whom it may be delivered, just as though it were an assessment of a tax entered on the tax-list delivered to him by the board of commissioners of the county for which he may have been elected.