The weekly herald. [volume] (Cleveland, Tenn.) 1876-1888, 1881-04-08

Sec. 81. BE it further enacted
that all new roads opened after
the passage of this act, where
practicable, be laid out not less
than 20 nor mVro than 40 feet
wide for first class, and not less
than II nor more than ~ feet
wide for second class, and not rv.ss
than Z nor more than ID feet wide
for private roads that are TO be
worked, in whole or in part, I'M
der any of the provisions OF this
act, and the bed Of no stream OF
running water shall be measured
as Il part OF the width OF any road
and the ]oyerseers, by and with
the advice OF a majority Of the
commissioners OF tnelr districts,
shall open all old roads TO the
width above set out, when neces-
sary Tor the proper working OF
the same. And the commission
ers shall assess the damages sub.
ject Oappeal, as to amount Of
damages.
Sec. -. Be it further enacted,
that where any highway TO be
worked under the provisions OF
this act shall be the dividing line
between two or more road dis
tricts, the highway commission
ers Of the respective districts may
divide the same, or may by agree
ment work it by joint effort, but
if they cannot agree then 1t shall
be settled by the County Court.
Sec. 80. Be it further enacted,
that any person who shall put or
cause to be put any brush, Drlers,
bushes, or any other obstruction
upon any highway, orin any ditch
or drain up n any highway, shall
be guilty Of a misdemeanor and
the fine collected shall be paid
to the district clerk for the bene-
fit of the highwys, and such per.
son, shall also be liable for any
damage 0ccasiOned by such OBJ
StruCtlCn.
Sec. 81. Be it further enacted.
that any Overseer or highway
commissioner who shall willfully
fail or refuse to perform any OF
the duties required ofhim by this
act, or who shall show any par
TALLY or discrimination in the
exercise Of his duties, shall forfeit
and pay not more than twenty
dollars for each onense, to be re.
covered by any person suing,
therefor before any Justice Of the
Peace, and paid by the officer to
the district clerk, for the benefit
Of the highways, and for conlinu.
ed neglect in keeping the high
ways in repair, any oyerseer or
commissioner NAV be indicted
and prosecuted, and on convinc.
ton shall be fined in Il sum not
more than fifty dollars, the Dis
trict Attorney to be the prosecu
tor, and Judges shall give this act
in charge to the grand %jurles; but
it shall be a good defense for
failing to keep any highway in re-
pair for the Overseer or commits
sioners to show hat the entire as
sessment for labor and tax was
applied in good faith to such high
ways during the time required by
this act.
Sec. So. BE it further enacted,
that the County Courts may re
move any Commissioner from Of
flee for failure to properly per-
form any Of the duties required Of
him by this act, but such Com
missioners shall have at least five
days notice OF the charges pre-.
ferred against him, and Shall be
heard in his defense; but when
= OF more highway districts are
consolidated, the Office of any or
all Commissioners in such dis
tricts may be declared vacant
without notice, and the Clerks of
such districts shall be required to
make the necessary settlements.
Sec. 36. Be it further enacted,
that each Overscer shall be paid
one dollar for each days actual
service in performing the duties
required by this act, to be paid as
heretofore provided. Each Com
missioner snail be paid one dollar
for each days actual service in
performing the duties required
by this act, proof Of service to be
made on oath to the chairman of
the county and paid upon his or.
by the district clerks. The
O~verseers and commissioners shall
also be free from personal service
upon the highways except in the
performance of their official du-
ties, and shall be free from Jury
duty if they so elect. The district
shall receive such addition
compensation COR collecting the
highway tax, and for other duties
required by this act, as the Coun.
ty Court may order, to be allowed
as a credit upon their settlement
the Chairman. The County
Clerk shall be entitled to
receive the same pro rata com
.ensation for preparing the tax
assessments for highway purposes
hat the lawallows for other tax
assessments, to be paid by the
district clerks upon the order Of
he Chairman Of the county.
Sec. 81. Be it further enacted,