USA > New Hampshire > Merrimack County > Salisbury > The history of Salisbury, New Hampshire, from date of settlement to the present time > Part 25
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SEC. 7. And be it further enacted, that the said proprietors are hereby em- powered to purchase, and hold in fee simple, so much land as will be necessary for said turnpike road, and the share or shares of any said proprietors may be transferred by deed duly executed & acknowledged, and recorded by the clerk of said proprietors on the records; and the share or shares of any proprietor may be sold by said corporation, on non-payment of assessment duly made agreeably to the by-laws that may be agreed upon by said corporation.
SEC. 8. And be it further enacted, that no toll shall be taken by said corpora- tion for any mile of said road until six hundred dollars shall have been expended thereon, or a proportionate sum upon the whole number of miles, reckoning from said east of Connecticut river to said west bank of Merrimack river, where said road shall terminate.
SEC. 9. And be it further enacted, that said corporation may be indicted for defect of repairs of said road, after the toll gates are erected, and fined in the same way and manner, as towns are by law fineable, for suffering roads to be out of repair,
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FOURTH NEW HAMPSHIRE TURNPIKE.
and said fine may be levied on the profits and tolls arising or accruing to said pro- prietors.
SEC. 10. Provided, nevertheless, and be it further enacted, that if said turnpike road shall, in any part, be the same with any highway now used, it shall not be lawful for said corporation to erect any gate or turnpike on or across said part of the road, that now is used & occupied as a public highway, anything in this act to the con- trary notwithstanding.
SEC. 11. And be it further enacted, that when said proprietors shall make it ap- pear to the judges of the superior court of judicature, that they have expended said sum of six hundred dollars on each mile, or a proportionable sum as aforesaid, the proprietors shall have the liberty to erect the gates as aforesaid.
SEC. 12. And be it further enacted, that each of the towns through which said road shall be laid, shall have a right & be permitted to become an associate with the original proprietors in said corporation ; and in case of the refusal or neglect of any such town, any inhabitant or inhabitants thereof, shall have the same right, provided, however, that such towns and inhabitants respectively shall be limited in said privilege of becoming associates to such number of shares, as shall bear the same proportion to the whole number of shares as the number of miles of said road, within such town shall bear to the whole number of miles of said road; provided also, that such towns, and inhabitants, shall accept the privilege hereby reserved, & become associates by making application for that purpose to the directors or clerk of said corporation, or in case no directors or clerk shall then be appointed, to the original proprietors, within three months after the public notice, hereinafter directed, shall have been given by said corporation.
SEC. 13. And be it further enacted, that said corporation shall immediately, after the route of said road shall be marked out and established, cause public notice thereof to be given, by advertising the same, three weeks successively in the news- papers printed at Concord & Hanover.
SEC. 14. And be it further enacted, that at the end of every six years, after the setting up any toll gate, an account of the expenditure upon said road, and the profits arising therefrom, shall be laid before the legislature of this state under for- feiture of the privileges of this act in future; and a right is hereby reserved to said legislature to reduce the rates of toll before mentioned, as they may think proper, so however, that if the net profit shall not amount to more than twelve per cent, per annum, the said rates of toll shall not be reduced.
SEC. 15. Provided, nevertheless, and be it further enacted, that whenever the net income of the toll shall amount to the sums which the proprietors have ex- pended on said road, with twelve per cent on such sums so expended from the times of their actual disbursement, the said road with all its rights, privileges and appur- tenances shall revert to the State of New Hampshire and become the property thereof, to all intents and purposes; anything in this act to the contrary nothwith- standing.
SEC. 16. And be it further enacted, that, if in six years the said road shall not be completed, according to the provision of this act, every part and clause thereof shall be null and void. Provided also, that the State of New Hampshire may, at any time after the expiration of forty years from the passing of this act, repay the proprietors of said road the amount of the sums expended by them thereon, with twelve per cent per annum in addition thereto, deducting the toll actually received
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HISTORY OF SALISBURY.
by the proprietors ; and in that case the said road, with all its privileges, and appur- tenances, shall, to all intents and purposes, be the property of the State of New Hampshire; anything in this act to the contrary notwithstanding.
SEC. 17. And be it further enacted, that the directors and clerk of said corpora- tion shall, whenever hereafter required, by a committee appointed for that purpose by the legislature of this state, exhibit to said committee, under oath if required, a true account of all expenditures upon said road, and all incidental charges apper- taining to the same, and also a true account of the toll received up to the times of exhibiting such accounts; under forfeiture of the privileges of this act in future.
According to authority given in the act, Messrs. Payne, Free- man and Storrs associated with themselves such other gentle- men as they deemed advisable.
While the matter was before the Legislature a town meeting was held in Salisbury, and it was voted, October 27, 1800, "that the inhabitants of Salisbury have no objection to a turn- pike road provided they have liberty to travel on said road, toll free, while transacting business that shall end in said town."
The first meeting of the corporation was duly warned by Elisha Payne, January 28, 1801, and held at the house of " Clapp Sumner," innholder, in Lebanon. On March 24, 1801, Elisha Payne was chosen moderator, and Benjamin J. Gilbert, clerk, who was "sworn accordingly." The meeting adjourned to the same place, April 14, 1801, at which time it was voted, "That the rights and privileges of the Fourth Turnpike Road in New Hampshire be divided into four hundred shares."
Voted, "That there be assessed upon the shares aforesaid the sum of six hundred dollars, that is to say, one dollar and fifty cents upon each share, to be paid on or before the first day of September next, and that, if any proprietors shall neglect to pay the sum so assessed on his share or shares by the time aforesaid, the share or shares of such proprietor shall be sold at public vendue, and such vendue shall be advertised six weeks previous to the day of sale."
Major Constant Storrs was chosen Treasurer, and gave bonds to the amount of five thousand dollars.
At the first sale of shares, Thomas W. Thompson had two shares, Andrew Bowers one, and Amos Pettengill four. We find no other Salisbury names recorded as proprietors. The
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FOURTH NEW HAMPSHIRE TURNPIKE.
rival interests along the line were very strong and to locate the road was a very delicate and difficult matter. To avoid all "log-rolling," which had made so much trouble in other cases, the proprietors voted, "That James Whitelaw, of Ryegate, Gen'l Elias Stevens, of Royalton, and Major Micah Barron, of Bradford, all of Vermont, be a committee to survey and lay out the route."
July 6, 1801, voted and chose a committee to draft a code of by-laws for the government of the corporation. September 24, the committee reported the different routes. That part of the report which related to Salisbury was as follows :
From said pond ( Horse Shoe in Andover ) through Salisbury, two routes - the northern by Maj. Gale's to Col. Gerrish's" is 9 miles 113 rods ; from said Gerrish's to Boscawen meeting-house is 2 miles 240 rods; from Horse Shoe pond through the south vale ( See note ) in Salisbury by Esq. Bean's to, Boscawen meeting-house is 10 miles 226 rods which is I mile 113 rods further than by Col. Gerrishes, but is 1 mile 117 rods nearer than the south route by Col. Gerrishes to Boscawen meet- ing-house. Your committee recommend the south route by Esq. Bean's, provided there is no particular embarrasments in procuring the land.
ELISHA PAYNE, in behalf of the committee.
On the question, shall the north route surveyed by the com- mittee from Horseshoe pond, in Andover, through Salisbury, to Col. Gerrish's, in Boscawen, be accepted for the turnpike road, the vote was 284 affirmative and none negative. John C. Gale was chosen as one of the five directors.
If this route had been accepted it would have aggrieved Sal- isbury Centre and South Road Villages, whose leading citizens possessed both money and influence.
February 1, 1803, it was voted, "That the particular route reported by the directors, from Salisbury lower meeting-house to Boscawen bridge be accepted." Selfishness was at work to locate the turnpike at the South Road, thus ignoring the Centre
* Col. Ilenry Gerrish resided near where the County Farm is located at North Boscawen, and Maj. Gale on the North Road, Salisbury, near the Andover south line. No person knows postively anything about "South Vale." It was probably the valley east of Raccoon hill, while North Vale was on the west side.
20
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HISTORY OF SALISBURY.
Road people ; but at a meeting held in Andover, April 14, 1803, "Voted that the votes of the proprietors passed at the last meeting, relative to the course of said road through the town of Salisbury, be reconsidered."
Voted, "That instead of the route which has heretofore been pointed out by the proprietors for laying out the turnpike road through the town of Salisbury, the said road shall be laid out, made and established on the straightest course practicable through said town, anything in any former votes of the propri- etors to the contrary notwithstanding, and the same is hereby established as the same may be particularly surveyed and staked out by David Hough, Stephen Harriman and Elias Curtis, or either two of them, to which purpose they are hereby fully authorized and empowered."
December 6, 1803, it was voted, "That the same committee, Joel Marsh, Elias Stevens and Jesse Williams, Esqrs., be ap- pointed to examine the different courses which have been pro- posed for the turnpike through the town of Salisbury, and ascertain the practicability of making it on a different route from where it is at present laid, and also to receive any propo- sals the town of Salisbury or individuals may make the proprie- tors respecting the same, and report at the next meeting."
At a meeting held February 7, 1804, Thomas W. Thompson was chosen treasurer, and Andrew Bowers, Esq., first director.
There was a continued contest between the South Road res- idents and those at the Centre Village, each striving to secure the benefits of the new road and to prevent the other from obtaining any advantages. The following representations were made by different parties to induce the directors to locate fav- orably to those specially interested :
FOR BOTH VILLAGES.
We the subscribers promise & engage to the Proprietors of the fourth Turnpike road in New Hampshire in consideration that they should think proper to lay out and make said Turnpike road by both of the meeting houses in Salisbury in the usual & ordinary way of making said road, that we will be responsible for all the
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FOURTH NEW HAMPSHIRE TURNPIKE.
extra expense in labor on the road, to make the same so that it shall not rise more than eighteen inches in a rod in any part of said road from Esq. Bean's to Widow Fifield's land,-to the satisfaction of the Directors of said Corporation.
JONATHAN FIFIELD, AMOS PETTENGILL, REUBEN TRUE, ISAAC BLAISDELL, JAMES PETTENGILL.
Salisbury Dec 22 IS03.
To the foregoing is added, by way of postscript :
Not to vary more than eight rods from a straight line. It is further verbally proposed that instead of the rise being eighteen inches in a rod it shall on the same condition be made to be only fifteen inches in a rod.
FOR THE CENTRE ROAD.
We the subscribers promise and agree with the Proprietors of the fourth New Hamp. Turnpike road, provided they can consistently with the public good, lay out and make said road in such a direction as to pass by the Centre road meeting-house, to pay them or the owners of the land all the damages which may be assessed by a Committee from the Court in consequence of said road being made across any lands, from the place on Widow Fifield's where the road would vary from the direc- tion where it has heretofore been laid out to half the distance through Mr. Ephraim Colby's land.
JONATHAN FIFIELD, AMOS PETTENGILL, JAMES PETTENGILL.
Salisbury Dec 21 ISO3
ANOTHER PROPOSITION.
We the subscribers promise & agree to pay the damages which may be assessed on land from Ensign Moses Garland's to Esqr. Bean's in consequence of the fourth New Hampshire Turnpike being laid out and made across said land, -or to pur- chase said land of the owners and convey the same to the Proprietors of said Turn- pike on consideration said Turnpike shall be laid out and made to pass between Capt. Luke Wilder's house and Mr. Josiah Rogers's, in Salisbury, and we further agree in case said road should be made through Ephraim Colby's land to pay one- half of the damages, or to purchase the one half of the land necessary for said road & convey the same to the said proprietors for the use of said road.
SAMUEL, GREENLEAF, MOSES EASTMAN, ANDREW BOWERS.
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HISTORY OF SALISBURY.
Salisbury, December 19, 1803, at a meeting of the proprie- tors, the committee reported as follows :
We the undersigned, a committee appointed by the proprietors of the fourth New Hampshire turnpike, to examine the different routes which have been proposed for making said road in the towns of Lebanon & Salisbury and to receive propo- sals from the inhabitants of said towns report * That in the town of Salisbury comparing the public claim to the shortest course, with the inconven- ience and great damages to a very respectable part of the town, and the large sums to which the corporation would be subjected in damages, we say that the road ought to be made by the two meeting houses, provided the inhabitants fulfil their proposals and if the corporation in addition, would lay out a small part of what they will save in damages by the road going by said meeting houses, it would inake such a road, as in our opinion, the public would have no cause of complaint
ELIAS STEVENS, - JESSE WILLIAMS, Committee. JOEL MARSH,
Voted, "That the report of said committee be accepted so far as it respects the route of said road in the town of Salisbury, and that the directors cause the same to be laid out, made and completed, provided sufficient security be given for a compli- ance with the aforesaid proposals, it being considered that the corporation are to be indemnified for all extra expense in mak- ing said road there, so that it shall not rise more than fifteen inches in one rod, and any vote or votes respecting the laying out of said road in the town of Salisbury so far as they are inconsistent with this vote, are hereby reconsidered."
The survey was in due time completed, and is given in full in the following pages :
THE FOURTH NEW HAMPSHIRE TURNPIKE ROAD.
A Survey of the Fourth Turnpike Road in New Hampshire, completed in Decem- ber, 1804.
Beginning at the northwest corner of the Toll house, at the bridge over Merri- mack river, against the town of Boscawen,
Thence north 65° west 18 rods to a stake and stones.
Thence north 33° west 47 rods to an Elm tree marked II.
Thence north 27° west 33 rods to an Elm tree marked III.
Thence north 15° west 26 rods to a stake marked IIII; four rods easterly from the northeasterly corner of Maj. Chandler's house.
Thence north 32° west 332 rods to a stake marked IIIII.
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FOURTH NEW HAMPSHIRE TURNPIKE.
Thence north 37° west 28 rods to a stake marked IIIIII.
Thence north 48º west 18 rods to a stake marked IIIIIII.
Thence north 34° west 179 rods to a Willow tree by Nathan Carter's marked 8.
Thence north 35° west 240 rods to a stake marked IX.
Thence north 450 west 70 rods to Landlord Pearsons's signpost near the meeting house.
Thence north 54° west 28 rods to a stake marked XI.
Thence south Soº west 30 rods to a stake marked XII.
Thence north 49° west IS rods to a stake marked XIII.
Thence north 20° west 42 rods to a stake marked XIIII.
Thence westerly over the hollow 52º west to a Pine tree marked .XV.
Thence north 52º west 213 rods to a stake in Cogswell's pasture marked XVI.
Thence north 43º west 102 rods to a stake marked XVII.
Thence north 57" west 116 rods to a stake marked XVIII.
Thence north 48° west 97 rods to a stake marked XVIIII.
Thence north 18º west 157 rods to a stake marked XX.
Thence north 14° west S4 rods to a stake marked XXI.
Thence north 39º west 14 rods to an Apple tree by Landlord Choate's barn marked XXII.
Thence north 19º west 349 rods to a stake marked XXIII, by the blacksmith shop by Stephen Gerrish's.
Thence north 22' west 42 rods to stake and stones against the end of said Ger- rish's wall.
Thence north 35° west 16 rods to stake and stones opposite Henry Gerrish's house.
Thence north 4S" west 14 rods to stake and stones.
Thence north 55° west 78 rods to a stake marked XXIIII.
Thence north 58° west 32 rods to a stake marked XXV.
Thence north 65° west So rods to a Hemlock stub on the end of the Hogback marked XXVI.
Thence north 44º west 33 rods to Salisbury line.
Thence the same course 246 rods to stake and stones marked XXVII.
Thence north 46° west So rods to stake and stones marked XXVIII.
Thence north 5.4º west 96 rods to stake and stones in the old road marked XXIX.
Thence south 79º west 38 rods to the southwest corner of Samuel Greenleaf's door-yard.
Thence north 55° west 18 rods to an Apple tree marked I.
Thence north 44º west 68 rods to stake and stones marked II.
Thence north 50° west 197 rods to a Maple staddle* marked III.
Thence north 56° west 120 rods to a stake and stones by the old road marked IIII.
Thence north 59" west 99 rods to stake and stones by the old road marked V.
Thence north 44° west 101 rods to a stake and stones one rod from the south- west corner of Dea. Amos l'ettengill's house marked VI.
Thence north 29º west 25 rods to the westerly corner of Page's hatter's shop.
Thence north 22º west 355 rods to stake and stones marked VIII.
Thence north 28º west 68 rods to a Maple tree marked IX.
* A Staddle is a small tree left standing after the growth has been cut.
1
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HISTORY OF SALISBURY.
Thence north 35º west 123 rods to a Hemlock tree marked X.
Thence north 32º west 91 rods to stake and stones marked XI.
Thence north 40° west 202 rods to a Pine tree marked XII.
Thence north 38º west 66 rods to a Hemlock tree on the bank of Blackwater river marked XIII.
Thence south 59° west 84 rods to a Hemlock tree marked XIV.
Thence north 68° west 40 rods to a Birch tree marked XV standing on the bank of the river.
Thence north 56° west 34 rods to a Hemlock tree marked XVI.
Thence north 40° west 17 rods to a IIemlock stump marked XVII.
Thence north 52º west 30 rods to a Beech staddle marked XVIII.
Thence north 62º west 70 rods to the Cross road near the bridge last built by Capt. Harriman.
Thence north 49° west 92 rods to a stake and stones marked I.
Thence north 28° west 45 rods to a stake and stones marked II.
Thence north 50° west 10 rods to a stake and stones marked III.
Thence north 69º west 122 rods to a White Ash staddle marked IIII.
Thence north 88º west 94 rods to a stake and stones about two rods south of Mr. Mitchel's house.
Thence north 78° west 54 rods to a Pine stump marked VI.
Thence north 85° west 226 rods to stake and stones marked VII.
" Thence north 71º west 20 rods to the end of Harriman's gap to stake and stones marked S.
Thence north 59° west 100 rods to a stake and stones marked 9, about four rods westerly from Landlord Thompson's house in Andover.
Thence north 87º west 29 rods to a Pine stump marked 10.
Thence north 70° west 86 rods to a stake and stones marked II.
Thence north 70° west 33 rods to the southwest corner of Walter Waldo's barn.
Thence north 58° west 27 rods to a Spruce stump marked 13.
Thence north 54° west 74 rods to a Hemlock stump marked 14.
Thence north 71º west 37 rods to a stake and stones marked 15.
Thence north 33° west 28 rods to a Pine stump marked 16.
Thence north 54° west 160 rods to a Pine stump marked 17.
Thence north 60º west 57 rods to a stake and stones marked 18.
Thence north 87º west 27 rods to the northerly corner of Harriman's bridge.
Thence north 75° west 35 rods to a Hemlock stub marked 20.
Thence north 84º west 119 rods to a great rock with stones on it.
Thence north 73º west 57 rods to a Hemlock stump marked 22.
Thence south 88º west 40 rods to a Hemlock stump marked 23.
Thence north 50° west 82 rods to a stake and stones marked 24. Thence north 32° west 22 rods to a rock with stones on the top. Thence north 63º west 34 rods to a Beech stump and stones marked 26.
Thence north 57° west 46 rods to a great rock with stones on top.
Thence north 50° west 48 rods to a Spruce stump marked 28.
Thence north 66° west 60 rods to Hemlock stump marked 29. Thence north 63º west 90 rods to Mack's oven.
Thence north 74º west 62 rods to a Birch tree marked 31.
Thence north 65° west 54 rods to a Hemlock tree marked 32.
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FOURTH NEW HAMPSHIRE TURNPIKE.
Thence north 45º west 61 rods to a Beech stump marked 33. Thence north 41º west 24 rods to a Beech tree marked 34. Thence north 63º west 28 rods to the northerly corner of Mack's bridge.
Thence north 52° west 66 rods to a stub and stones marked 36. Thence north 37° west 44 rods to a rock with stones on top. Thence north 53º west 52 rods to a Maple tree marked 38.
Thence north 65° west 116 rods to a Hemlock tree marked 39.
Thence north 51º west 48 rods to a Birch stump marked 40.
Thence north 60° west 52 rods to a stake and stones six rods north of Maj. · Gay's north door of his low house.
Thence north 39° west 22 rods to a stake and stones marked I. Thence north 71º west 52 rods to a rock with stones on top. Thence south 70° west 34 rods to a stake and stones marked 3. Thence south 60° west 22 rods to a Spruce stump marked 4. Thence north 83º west 49 rods to a rock with stones on top. Thence north 57º west 32 rods to a Maple stump marked 6. Thence north 15º west 100 rods to a Beech tree marked 7. Thence north 16° west 4S rods to a Beech tree marked 8.
Thence north 25° west 33 rods to a Birch tree marked 9. Thence north 20° west 52 rods to a Hemlock tree marked 10. Thence north 32° west 78 rods to a Maple tree marked II. Thence north 21° west 26 rods to a Spruce tree marked 12. Thence north 452 west 116 rods to a stake and stones marked 13. Thence north 22º west 158 rods to a Bass wood tree marked 14. Thence north 15° west 56 rods to a Beech tree marked 1 5. Thence north 35° west 22 rods to a stake and stones marked 16. Thence north 49° west 26 rods to a stake and stones marked 17. Thence north 63º west 52 rods to a Spruce stump marked IS. Thence north 53º west 42 rods to a Hemlock tree marked 19. Thence north 60° west 124 rods to a Spruce stump marked 20. Thence north 67º west 100 rods to a rock with stones on top. Thence north 53° west 26 rods to a rock with stones on top.
Thence north 63º west 45 rods to the top of a ledge of rocks at the southeasterly end of the meadow or log on the height of land.
Thence north 50° west 98 rods to a Hemlock stump marked 24. Thence north 24° west 36 rods to a Birch stump marked 25.
Thence north 33° west 46 rods to a Hemlock tree marked 26.
Thence north 82' west 36 rods to a rock with stones on top. Thence north 52º west 21 rods to a Birch stub marked 28. Thence north 38º west 36 rods to a rock with stones on top. Thence north 66° west Sz rods to a rock with stones on top.
Thence north 51º west 112 rods to a stump marked 31.
Thence north 36° west 300 rods to a Hemlock stump marked 32.
Thence north 10° west 143 rods to a Birch trec marked 33 opposite Mr. Lacey's house.
Thence north 23º west 40 rods to a Birch tree marked 34.
Thence north 16º west 6So rods to a Spruce stub marked 35.
Thence south 25° west 50 rods to a Hemlock stub marked 36.
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HISTORY OF SALISBURY.
Thence north 14º west 278 rods to a stake and stones marked 37.
Thence north 26° west 36 rods to a Hemlock tree marked 3S.
Thence north 33º west 40 rods to a Beech tree marked 39.
Thence north 48° west 366 rods to a great rock with stones on the top against Col. William Johnson's.
Thence the same course 54 rods to a stump marked I.
Thence north 59° west 49 rods to a rock with stones on top.
Thence north 45° west 90 rods to a rock with stones on the top.
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