The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-03-11
or hands as though they had refused to

ueptn 10 uraii 'hVhi, anu snail remove all
dead trees and overhanging limbs in reach
OF the road, or other distractions, and to
grade their roads to depth of not less
than twenty feet between the drains on
| first-class roads, and not less than fifteen
feet on second-class roads, and shall use
no material but broken stone or gravel
when the same can be conveniently oh
tanned, to form the surface of the road-bed;
but they shall not be required TO do this
when unnecessary or impracticable. First.
class roads shall be from twenty.four to
| fifty feet wide; second-class roads shall not
be less than eighteen nor more than twenty
feet wide; third-class roads shall not be
less than fourteen nor more than eighteen
feet wide, and fourth.Class roads not less
| than ten nor more than fifteen feet wide.
Section Is. BE il further enacted, That
any person who shall put or cause TO be
put any brush, briers or other obstruction
upon any highway shall be guilty of mis-
demeanor and shall be fined as in other
misdemeanors, and ii shall be paid to the
County Trustee, and be expended by him
as other highway taxes, and such person
or persons shall be liable for any damages
caused by said distractions.
Section TO- Be il further enacted, That
ii any Overseer shall willlully refuse or
fail to perform any duties required of him
| by this act, or who shall show any parti-
atty or discrimination in the exercise of
his duties, he shall forfeit and pay not
more than $50 for such oilense, TO be re-
covered by any person suing therefor be-
fore any Justice OF the Peace, and paid by
the officer collecting the same to tho
County Trustee for the benefit OF the high
| ways, and for continued neglect in keep
ing his highway in repair, any Oyerseer
may be indicted, and, upon conviction.
may be fined not less than $50, the Attor-
ney'Geneml TO he prosecutor and the
Judges oil the courts shall give this act in
charge to the Grand Jury, but il shall DO
good defense, Tor any Overseers failure
to keep any highway in good repair, TO
show by proof that the entire assessment,
in labor and in taxes has been applied in
| good faith 10 such highways as soon as
practicable after said money and labor was
available TO him.
Section 20. BE II further enacted, That
each overseor shall be paid 81 Tor each day
| required in the performance Of the duties
imposed upon him by the provisions OF
this act, TO be paid upon the order OF the
Judge or Chairman OF tho County Court
by the Trustee 'on said overseer making
affidavit thereto. Tho overseer shall be
exempt from working on the highways
except in the performance of his official
duties; but said oyereer shall be required
TO contribute as many days of official scr
vice rs are assessed 10 the hands working
said highway rs required by the provisions
OF this act.
Section 81. BE il further enacird, Thu
the provisions OF this act shall not apply 10
incorporated cities or towns, except such
towns Ms are not taxed 10 keep up their
streets but the County Courts Of the re-
specliye Counties shall order the enforce
ment OF the provisions OF this act in such
towns as are not taxed 10 keep up their
streets, aud which fail to work the Same
as prescribed by municipal authority.
Section %. he II further enacted, That
II shall be the duty Of the County Court
TO furnish each ovorseer a copy Of this act,
and the Secretary OF State shall cause 10 be
published 10000 copies of this act for dis
tribuuon, according TO the population OF
the several counties, not including the
population OF incorporated cities aud
towns, and the same shall be provided for
in the general appropriation bill.
Section %. BE !, further enacted. That
in any suit for the enforcement Of any OF
the provisions OF this net, brought In good
faith by any overseer and presented by
the advice OF the Attorney General, II such
fails the cost shall be- paid by the County
Trustee, upon the order OF the Judge or
Chairman OF the County Court
Section "a. BE itiurher enacted, That
days work. within the meaning Of this
act, shall be eight hours OF actual service.
Section % Be II further enacted, That
Il shall be a misdcmeanor for any person
subject 10 road duty TO refuse 10 work,
when lawfully notified, or willlully 10 die
obey the summons OF the overseer, and
any fine imposed upon said person for
failure 10 work, or for disobediencc OF said
summons, shall be applied TO road pur.
poses.
Section %. BE Il further enacted, That
the County Court In each county in the
State shall. at the first quarterly tsrm after
the passage Of this act, aud nc each Janu-
AIRY term thereafter, assess the number OF
days TO be worked by the hands on the
public highway, which shall not be less
than four nor more than twelve days, and
the highway tax, which shall not be less
than cents nor more than 2O.ecnis on
the 500.
Section II. 10 Il further enacted, That
all male inhabitants over eighteen aud
under iliiy years of age, except such as are
permanently disabled from performing
ordinary labor, and arc released by the
oycrsccr upon release from the County
Court from paying poll tax, shall work
each year not less than four nor more than
twelve days on being legally notified by
the ovcfsecr Of the time aud place 10 COM
mcncc; any hand 70 notified may be- ex.
emplcd from work on the road by sending
an ablt.bodied substitute or by paying 7j
cents for each day.
Section %. BE Il further enacted, That
the tax for highways shall not be less than
. nor more than ~ cents ON the 500
worth Of property ~ shown by the
assessment made by tho assessors,
aud on privileges not more than one.
fourth the assessment made for county
purposes. All taxes assessed under
this act, aud collected ~ hereinafter pro-
yidcd, shall DO used Tor maintaining the
highways aud bridges on each road section
Ia which said assessment Is made, and nll
such tax shall be paid Ia money. The
Oycrscor shall specify the Kind Of teams
or tools the hands shall furnish. but said
hands shall not be required TO furnish any
teams or tools not owned by them; pro-
yidcd. that the milrOad tax shall bo pro-
rated throughout the district provided,
that one horse and plow shall ontiile the
party 10 a credit 81 one day, aud two
horses and pillow, wagon or tcrapcr shall
tntitlo the parties furnishing the same 10
two days work on the road, and four
horses aud wagon entitled TO thrco days
work.