Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-05
A true copy. Test: c. ". Nelson, Gle


The defendant was tried az the November term,
1855, Of the Circuit Court Of Sewer county, upon
. presentment against him as oVerseer Of a pub
lie road, for neglecting to keep the said road in
repair.
A special verdict was returned by the jury, find
ing that the road was out Of repair charged in
the presentment; and likewise, finding that the de-
PENDANT at the time Of his appointment as Oyerseer,
and also the time said presentment made, was
over the age of Is, but under the age Of q years
and referring the question of law to the Court
whether by reason Of his minority, the defendant
was liable to serve as oyerseer subject to prose-
cution for his failure to perform the duties enoin-
ed upon overseers If So they found him guilty: If
not then they found him not guilty.
Upon this verdict the Court discharged the defend
ant, and the Attorney General, on behalf Of the
State prosecuted appeal in error to this Court
The simple question is-whether person under
the age Of twenty-Qne years, IS Subject to be ap-
pointed an Cserseer-
We think he is. BY section 1875 of the Code, all
free persons not under The age Of eigteen nor over
forty-fye. (uniess within some Of the exceptions
therein stately are bound to work on the public
roads. The County Court is bound to make annual
appointments Of overeers Of the public roads; but
no qualifications, as respects age Or otherwise, are
prescribed. The overseer must, Of course, be a
person subject to road duty; and he must likewise
be one of the number of persons assigned to work
on the particular road. And we perceive no valid
objection. in law to the appointment Of any one as
oyerseer, who, by law, is subject to work on the
road There may be Obvious, prudential reasOna
fer declining to appoint person Of immature years
to I'll the place Of Oversecr. but this Is matter
entrusted to the discretion Of the appointing power.
1t is certainly no legal objection to the appoint
ment of a person under the age Of tweutyene. that
an overscer is subject to pains and penalties for
refusing to serve ard for neglect Of duty. If he
could claim exemption fron service as oyerseer on
the ground of his minority fer the same reason he
might claim to be exempt from road duty altogether,
as well as from other public duties and burdens in
posed by law on minors well as adults.
The rule of the common law, which secures to
persons under the age of twenty-One years certain
privileges and exemptions is a rule Of expediency.
subject to be modified changed at Fhe pleasure Of
the Legislature as public policy may seem to re-
quire Public duties are and may be, enjoined up
on minors, by positive law, and their Obser7an
enforced by forfeitUres or penalties, And in such
cases the minority the person furnishes no ground
of defence. To this extent the disability well
the protection Of the common law rule is removed;
and for the particular purpose, the minor is cOnst
tuted person Sli jH-iS. and IS amenable as such.
And even at the common law, duties and trusts
NAV be imposed on minors against liabilities for the
due performance Of which, homage constitutes no
ground Of defence.
The Judgment will be reversed and Judgment
will be here rendered on the verdict for fine Of
five dollars and the costs Of the prosecution.
Mckinney.
a trus copy-Test: c. W NELSON. Clerk.