The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-03-11

o.
But 1t Is Properly Demanded.
BILL TO be entitled IAN act to regulate the LAYING
outand working OF public roads, and compile the
road law. and 10 include all laws on this subject
in one act"
Section |. BE ii enacted by the General
Assembly OF the State of Tennessee, That
all the roads now laid out according to law,
or shall he laid out, shall be deemed pub.
lie roads.
Section 2. BE it further enacted, That
the Civil District shall hereafter be the
Road District
Section 8. BE it further enacted, That
any overseer may contract with any tax
payer belonging to his section of road to
perform any labor upon his section OF the
highway, or to furnish any material for the
same, and give the necessary credit there
for.
Section 4. Be it further enacted, That
the County Clerk shall, within ten days
after the election or appointment OF any
overseer, deliver TO the Sheriff duplicate
certificates thereof, giving the limits and
class Of his section OF road the farms and
residences allotted to his section, and the
and said Sheriff is TO deliver one copy to
said Overseer, and make his return on the
other within twenty days, to be filed in
the Office of the County Court Clerk, aud,
on failure so to do, said Clerk or Sheriff shall
forfeit and pay s. for each otIense, to be re-
covered before any justice OF the peace OF
his county for any road hand or taxpayer
of such overseer's section. Such sum for
IN IA Ia ha ~ rms inn for
the use OF public roads.
Section 3. BE it further enacted, That
| the County Courts shall classify the public
roads into four classes, TO be entered of
record in the office OF the County Court
clerk in book TO be kept for that pur-
pose, and shall assign to each overseer of
such road hands within said bounds Civ
ing the names Of the owners or occupants
OF the farms or residences thereon, neces-
sary to keep such in good repair, having
regard to nearness OF such hands as much
as practicable, and may make such
changes from time to time rs they may
deem best.
Section 9. Be 1t further enacted That
the County Court shall appoint all over
seers, who shall have charge OF not less
than one nor more than five miles OF road
the roads over which he may be APP
pointed, and who shall serve for the term
Of one year, or until his order OF appoint
ment is returned, or his dismissal by the
County Court. lie shall not be required
TO serve more than one IN three years.
Section Z. BE it further enacted, That
the County Courtsshal purchase and have
supervision Of all road tools OF their re-
In nd ulr.s N.r
the protection OF the same.
Section s. BE ii further enacted, Thatall
applications 10 open, change orclOse pub.
lie road shall be made TO the County
Court, which shall have power to appoint
a jury Of view, consisting OF not less than
three nor more than five men; provided
five days notice shall be given to all land
owners, or parties controlling lands which
are touched by said roads proposed TO be
located, changed or closed, which Jury may
employ a surveyor or civil engineer; and
said Jury shall have the power OF con-
domination and TO assess damages, and par
ties aggrieved may appeal TO the County
Court; and provided further, that seven
justices may constitute q quorum TO try all
appeals in road cases, but no Litigation
shall prevent the opening and building OF
the road.
Section 0. BE Il further enacted, That the
County Court may remove any 0yorecr
from office who shall fail or refuse todo his
duty, or TO comply with any reasonable or
der Of said Court.
Section 10. BE II further enacted, That
the Judge or Chairman ofthe County Court
shall settle with the various oyerseens in
his county before the 18th day Of De-
ccmber in each year for services rendered
by giving an order on the County Trustee
for the amounts due them, and he shall
require each oversccr 10 make oath Of the
number OF daysoi actual service, and may
require proof OF the safe keeping Of all
tools furnished said oyeneer before pay.
ing his per diem.
Section N. Be Il further enacted, That
oyemecrs may bring suit before any Jus.
tico OF the Peace against all persons sub
jcct 10 highway labor belonging
TO their road section who snall
fail or refuse 10 work or COM
mute for such work when legally notified
by the ovcrseer, such hne when collected
TO be paid to the County Trustee, aud TO
be used Ia the same way AS the highway
tax.
section ~. BE Il further enacted, that
ovenecrs, upon receiving their orders Of
appointment shall take Immediate super
vision Of respective roads, and may work
part OF the same ut any time they may
think necessary, provided they shall work
the part needing Il most first u practical
bic, and they shall not be required 10 give
more than three days notice OF tho time
aud place, and they shall be present and
supcrintcnd all work done; provided fur
Their. that but one notice shall be- necessary
for the number Of days worked In sue.
ccssion; provided further that II shall be
sufficient notice 30 hands given by the
ovcrseer at the close OF any day worked 10
work ON any subsequent day fixed or DIES.
ignaied by said ovcrseer
Section 10. Bc Il further enacted, that N
any highway shall become impossible
from any cause whatever, Oyoncefs shall,
ns soon NJ the fact becomes known 10
them, give notice 10 any hands on the
section where said casualty occurs and
repair the same, aud shall give such
hands credit for the time on any future
aofk.
Section II. 10 Il = rihcr enacted, That
any oycnccr, or 9ny person acting under
his authority, may enter upon any lands
adjoining or near 10 his section OF road 10
construct any drain or ditch for the prcscr-
walton or Improvement Of such road, or 10
obtain any rock, gravel or timber used
upon such road, provided he can do 20
without imposing any material damage
upon the owner OF occupant Of said land,
taid owners or occupants first being con-
sulied, and fair valuation being agreed
upon. which shall be- paid by the County
Trustee upon the order OF the Judge or
Chairman Of the County Court, said order
4. 4. fl.a