Clarksville weekly chronicle. (Clarksville, Tenn.) 1873-1890, 1883-04-07
THE ROAD LAW.


AN ACT to amend an Act passed March g.
1881, and approved March 80, 1881, and the
Act amendatOry thereof, passed April %
1882, and approved April rs, 1882, Entitled
an Act to regulate the working and laying
out of Public Roads.
Section l. Be it enacted by the General
Assembly of the State of Tennessee, That
Article l, Chapter &, of the Code of Tennes-
see, from Sections 1852 to 1893 inclusive, es-
tablishiTig, changing and disseminating
Public Roads and Ferries, be and the same
is hereby re-enacted, revived and restored
to full force and effect.
Sec. 2. Be it further enacted, That it shall
be the duty of the County Court, in each
county of the State, at the first quarterly
term after the passage OF this Act, to divide
the counties into road districts, and to elect
one Road Commissioner for each road dis
trict, who sh all hold his office for one year
and until his successor is elected and quail
fed, said Commissioner shall have control
of the highways and bridges in his district,
and shall have general supervision over the
road OverSeerS of his district, and direct the
manner of working the roads, and II shall
be the duty of the OVersecrs to work the
public roads as directed by the Commission
er.
Sec. g. Be it further enacted, That said
Commissioner, before entering upon the du-
ties of his office, shall subscribe 10 an oath
before the County Court Clerk or before
some Justice of the Peace to be filed by him
with said Clerk that he will, to the best of
his ability, discharge all the duties of his
Office, and properly account for all money
and other property which may come into
his hands by virtue of his office, and shall
give bond, payable to the State of Tonnes
see, with two or more good securities, in
such sum as the County Court may order,
for the faithful performance of his duties,
said bond to be filed with the County Court
Clerk and enforced and collected as other
official bonds upon failure or refusal of the
Commissioner to give bond as above provi-
ded, the Trustee shall pay out the highway
tax due the road district of such Commission
er on the written order of the Commission
er.
Sec. 4. Be it further enacted, That said
Commissioner shall, by the 25th day De-
cember in each year, render to the chair
man of the County Court an itemized state
ment in writing, showing the amount OF
tax, received by him, amount paid
in work, and the amount paid in money,
how the money has been expended, and the
amount on hand, which statement with,
all vouchers shall be filed with the office of
the County Court Clerk.
Sec. 5. Be it further enacted, That the
public road or highway tax levied under
the provisions of the Act approved March
80, 1881, shall be collected by the County
Trustee of the respective counties at the
same time and the same manner as the
State and county taxes are collected; the
Assessor and Collectors books shall have
columns ruled for the extension of said tax,
and the Trustee be allowed the same COM
pensatiOn for collecting said tax that he is
now allowed for collecting and paying out
school tax.
County Trustee shall keep an account with
each road district of the taxes collected for
and paid out for each district, and shall pay
over the hlghWay-Jax as faSt as Collected 10
the road commissioner of the district, and
take his receipt thereof.
Sec. 7. Be il further enacted, That all the
taxpayers, under the provisions of said
act, shall have until the first day of October
in which to commute for that part of the
tax which may be paid in work, on or be-
fore said date in each year, the Overseers
shall furnish to the County Trustee a list, to
be subscribed to by him, of all Taxpayers
subject to work on his road. who have in
whole or in part committed their tax by
work, with the amount committed for, and
the Trustee shall give such parties credit for
the same on his books.
Sec. 8. Be it further enacted, That all
OVerSeers shall, before taking any timber
for the use of public roads, go to the owner
IF such timber as is required for repairing
Or keeping up public roads, and make
contract for such timber, and receipt the
owner therefor, and the same shall be paid
by the road commissioner of the district,
put of the highway-tax, If sufficient, and if
not, said receipt, when presented to any
quarterly term of the County Court, shall be
paid as other claims against the county
Provided, however, that the owner shall
receive i'll no case a sum exceeding the mar
Ket value of the timber.
Sec. 8. Be it further enacted, That all
quits against delinquent parties Tor failure
% work on public roads, shall be prosecuted |
n the name of the road commissioner of |
he district, and there shall be no property |
If any description whatever, exempt from |
1AGCuLIOh ll6 pay IISIb VI hlA uhCS anu |
,osts so recovered, and IN such cases the |
'verseer is u competent witness to prove |
service of notice.
Sec. 10. Be it further enacted, That in all |
uits prosecuted by the commissioner in |
rood faith, with the advice of the Attorney |
General, to enforce the laws against delin- |
luent hands, if decided against him, the |
;Osts shall be paid out of the highway-tax, |
sufficient, and if not, out of the county |
reaSury.
Sec ii. Be it further enacted, That the |
'fices of district clerk and treasurer, as |
provided for in said Act, be, and the same |
s hereby repealed.
Sec u Be it further enacted, That If the |
verseer fail to perform any OF the duties |
njoined on him by law, he shall be subject |
0 presentment or Indictment, and shall be |
med, on conviction, not exceeding the sum
f fifty dollars.
Sec. ID. Be it further enacted, That the
shall work on their respective |
Dads q sufficient number OF days to Keep
hem in repair, not to exceed ten days in /
ny one year.
treets of unincorporated towns shall be
onsidered public highways, subject to all
ne provisions of this Act.
Sec Is. Be it further enacted, That all
.ws and parts of laws in conflict with this
ct take effect from and after its passage,
ne public welfare requiring 1t.
Passed March q, 1888,
w, l.. LEDGERWOOD,
speaker of the House of Represent ttveS.
B. +. ALEXANDER,
Speaker of the Senate.
Approyed March 26, 1893.
VIM, Il, BATE, Governor.