1897 public laws – Ch.388 Sec.7

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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 so much of the funds received by the counties of Burke and Caldwell, as may remain after paying the sums due from said counties, estimated in proportion to the length of riparian ownership, for keeping the shoals of said rivers unobstructed, shall be devoted to defraying the expenses of building a high bridge across the Catawba, at the crossing of the road leading from Connellys springs to Lenoir over said river, in such a way that each of said counties shall pay out of the fund coming to it out of said tolls one half -4 of the cost of such bridge: Provided, that if the commissioners of Burke county shall have built a bridge across said river at said crossing before a fund sufficient shall accrue from said tolls or charges for the privileges of floating logs, to pay the cost of constructing it, the | fund accruing to said counties of Caldwell and Burke, after paying the cost of ascertaining the number of logs floated and of keeping obstructions off of said shoals, shall be appropriated to the payment of the sum expended by Burke county for its construction, in such a way that said county of Caldwell. out of the fund coming to it from said tolls, shall reimburse one-half -4 of the cost of said bridge and the residue shall be paid out of the net proceeds of said tolls or charges payable to Burke county.

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