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LAWS OF NORTH CAROLINA. m collect the tolls authorised to be received and collected by said acts until the said Canal shall be completed in the manner therein prescribed. H. .8nd be it further enacted. That the said proprietors may erect one or jpore locks on said canal: Provided they should dcen» it necessary towards effc'cluiiting the object contemplated by llu'cuttin-j ofsaiiLcanal; Provldcdfur-t.' ier, tiiat if liic said corporation shall fail to complete the said canal and road wiihin four years from and alter the passage of this act, this act shall be voiil and of no elVoct. CKAPTEll XCVIH. An act to rejiea! an act. passr-d in tlif year one ihouMaiid eight hnii<Kt<I an.) Iwrntv-si.v, appoint inp: 1-0111 inissioncrs lo lay oif and cause txj Ijf opened a public road iVoni l.incolnton to KuUicr- 'ioi'dton. ^ iJe it enacted by the General Assemhli^ of the State of North- Carolina, and V is hereOi/^ enacted Inj the authorVy of the same. That Col. John RobL-rts. Col. John Zimmerman and John Coulter, Esq. from Lincoln, and Lemuel Monr, William Slade, John Bradley, of Mountain Creek, and Lewis Kemp, from Rutherford county, or a majoVity of them, provided there be at Icasn one from each county, be, and they are hereby appointed commissioners to examine a road laid out from Lincolnton to Riuherfordton, a?;rceablv to the provisions of an act, passed at the session of the General Assembly com-niencin;; December twenty-fifth, one thousand ei^ht hundred and twenty-six, chapter fdty-sixth; and also the road leading by Luca's Ford; and also Ihe road called the Flint Hill road; anfl that they report to the next Court of Pleas anil Quarter Sessions to be held for the counties of liincoln and Ruth-erford respectively lioxt after the first day of February, one thousand eij^ht; hundred and tv,cnty-ei<;,ht, or at some succeeding Court iti the course of said vear. such changes as they may think proper to make in the road laid out bv the commissioners appointed by the before recited act: Provided however, if they should, on examination, believe that the road laid out by the said commis-sioners, be not^uch as was contemplated by the before recited act, and that the same is a put)lic grievance instead of a "public benefit, that then, and in that case, they be required to exainiiic the other roads, viz. bv Luca's Ford and the Flint Hill road, and report to the respective County Courts of Lin-coln and Rutherford which road shall be selected as the nearest and best route to and from the said places respectively, together with such alterations in the course of said road as they inuy think proper to make; and their report and -decision shall be tinal, except as may be hereinafter directed. IL Be it further enacted, That tlie said commissioners, before tiiey pro cced to execute the duties retjuired of them by this act, shall, be/ore' some magistrate of their counties respectively, take an oath that thev will do and perform the duties required of them "faithfully, and without prejudice or [lartiality. HL And be it further enacted. That if said commissioners should report that the road, laid ofi' by the provisions of the act before referred to, should be preferred and retained, that then, and in that ease, the County Courts re-spectively shall direct the sherilV to summon a jury of twelve men, who shall be sworn to perfortn their duty without fear, favor or afiVclion, to assess the. daiiiag.-s sustained by the persons over whose lands the said ruad may tun, which shall be paid by the counties respectively. IV'. Ue it further enacted, 'I'h^taU laws or clauses of laws coming withii- 'he meaning and purview of this act. be, and the same are licrebv repealed.
LAWS OF NORTH CAROLINA. m
collect the tolls authorised to be received and collected by said acts until the
said Canal shall be completed in the manner therein prescribed.
H. .8nd be it further enacted. That the said proprietors may erect one or
jpore locks on said canal: Provided they should dcen» it necessary towards
effc'cluiiting the object contemplated by llu'cuttin-j ofsaiiLcanal; Provldcdfur-t.'
ier, tiiat if liic said corporation shall fail to complete the said canal and
road wiihin four years from and alter the passage of this act, this act shall be
voiil and of no elVoct.
An act to rejiea! an act. passr-d in tlif year one ihouMaiid eight hnii|