Highways & Roads

The following is a listing of acts which once had some effect upon the county road system in Jefferson County, but which are no longer operative. Also referenced below are acts which repeal prior law without providing new substantive provisions.

1. Acts of 1821, Chapter 6, Page 10, was a general law of the State which required the County Courts of all the counties to index and classify the public roads therein. The three classes of roads ranged in width from the stage road to one wide enough to pass horses and riders on the way to mill or market. Penalties were provided for failure to comply with this Act, and for wilful obstruction of a public road. (Although earlier Acts were aimed in this direction, this was the first comprehensive general road law, the harbinger of the current statutes which have produced Tennessee's enviable road network.)
2. Acts of 1835-36, Chapter 2, Page 18, named John Fain, Shadrack Inman, and Caswell Lea, all of Jefferson County, who were joined by several others named from surrounding counties, as Commissioners to sell stock in the Tennessee and Coosa Railroad Corporation as the same was then incorporated with an authorized capital stock of $500,000. This railroad would run between the Tennessee and Coosa Rivers.
3. Acts of 1837-38, Chapter 239, Page 354, Section 18, appointed William Brazleton, William Dick, Jacob P. Chase, Henry Powell, Jacob Smith, John Fain, Shadrach Inman, John Roper, Samuel Martin, Theoderick J. Bradford, Joseph Hamilton, William Moore, Robert H. Hynds, Caswell Lea, Russell Birdwell, Alexander Hays, George Gregory, Senior, David R. Graham, Henry Smith, Isaac Moore, Charles T. P. Jarnigan, and Gideon Rogers, all of Jefferson County, and an additional twelve citizens were named from Cocke County, to be the Commissioners of a turnpike starting at New Market, in Jefferson County, and running through Dandridge to Newport, in Cocke County, and one to the North Carolina line. Capital stock was authorized at $150,000.
4. Acts of 1847-48, Chapter 156, Page 245, provided that any person who was a resident and citizen of Cocke County, Jefferson County, or Sevier County, could contract with William C. Story, the proprietor of the Newport Turnpike Company to perform work and labor on the said road or pay the equivalent of the same where such a person passed the toll gate erected on the said road to collect tolls.
5. Acts of 1851-52, Chapter 191, Page 277, Section 20, provided that so much of this Act which permitted the Counties of Lawrence, Maury, Williamson, and Davidson to subscribe to and take stock in railroads, and to issue the bonds of the County to pay for the stock was in like manner and to some extent made to apply also to the Counties of Jefferson, Greene, Hawkins, Washington, Carter, Sullivan, Grainger, and Warren.
6. 6. Acts of 1853-54, Chapter 323, Page 761, Section 13, gave to the counties of Claiborne, Anderson, Campbell, Jefferson, and Grainger all the rights and privileges conferred by this Act upon other counties to subscribe to the stock of any railroad which might run through their respective counties, and along with them granted the counties the authority to issue and sell their bonds in order to pay for the said stock.
7. Acts of 1855-56, Chapter 61, Page 68, gave the counties of Cocke, Jefferson, Grainger, and Hancock the same power and authority to take stock in the Cincinatti, Cumberland Gap, and Charleston Railroad, or in any other railroad whose lines ran into their respective counties and to issue their bonds, if necessary, to pay for the same. The entire program, however, hinged upon approval of the same through a referendum election.
8. Acts of 1855-56, Chapter 121, Page 147, was the legal authority for the formation of a company to construct a railroad, macadamized turnpike, or a plank road, from Strawberry Plains, by way of Dandridge, to Newport, in Cocke County. A capital stock of $200,000 was authorized the sale of which would be supervised by a commissioner named in each involved county for that purpose.
9. Acts of 1859-60, Chapter 60, Page 269, assigned to the Jefferson County Quarterly Court the duty to apportion the bonds sold to keep up the different roads in the county and stipulated further that no changes were to be made in the program, once adopted, except at the July term of court.
10. Acts of 1865-66, Chapter 88, Page 252, Section 44, incorporated William Galbraith, William Harris, and George Elliott, with all the rights and privileges of similar corporations, as the "New Market, Dandridge, and Newport Turnpike Company" to build a road, graveled or macadamized, from New Market, in Jefferson County, through Dandridge and on to Newport in Cocke County.
11. Acts of 1866-67, Chapter 23, Page 69, Section 14, named and appointed E. A. Sawyers, James H. Walker, John B. Minnis, and John L. Foust, as additional incorporators and commissioners of the New Market, Dandridge, and Newport Turnpike Company.
12. Acts of 1866-67, Chapter 67, Page 192, formed the Dandridge Railroad Company to establish a railroad communication running from the French Broad River and the East Tennessee and Virginia Railroad Company to the town of Dandridge and connecting at or near Mossy Creek, or New Market. Samuel N. Fain, John R. Branner, James Meet, William Galbraith, William Harris, J. C. Cawood, Robert Birchfield, and James P. Swann were named and authorized to sell stock in the said company up to $150,000. When $40,000, or more, had been subscribed and paid in stock, the company could be organized according to conditions mentioned in this Act. The company, when organized, was given the authority to acquire the necessary rights or way. Jefferson County had the power to buy stock in the said company if it was desired to do so.
13. Acts of 1867-68, Chapter 56, Page 119, repealed the 11th Section of the Act incorporating the Dandridge Railroad Company, above. The sum of $20,000 which was previously appropriated to the Tennessee and Pacific Railroad Company was hereby reinvested and appropriated to the New Market, Dandridge, and Newport Railroad Company, for the same purposes which were mentioned in the repealed Act. The Act named Robert W. Pierce, Jonothan Lawrence, George W. Pierce, David Grant, Calloway Thornburg, James M. Meek, Henry Hall, and John Henry, as additional incorporators and commissioners for the company.
14. Acts of 1871, Chapter 18, Page 19, expressly repealed the 1860 Act which apportioned the road hands in Jefferson County to keep up the public roads. (No Chapter was cited in the Act and none could be found which was enacted in 1860.)
15. Acts of 1899, Chapter 54, Page 76, was enabling legislation for the Jefferson County Quarterly Court, at such places as they might deem to be in the best interests of the public, to purchase all boats and equipment necessary, and to employ the necessary labor to transport all persons and their efforts across the said public streams of the county at no charge to them. All costs were to be paid out of the public treasury on the warrant of the County Chairman but nothing herein would deprive any owner of banks, or ferries, of any right to keep their boats running as before.
16. Acts of 1901, Chapter 136, Page 237, was a general road law applicable to every county in Tennessee under 70,000 in population according to the 1900 Federal Census. The County Court was directed to select one Road Commissioner from each Road District in the County, the Road Districts being commensurate with the Civil Districts, to serve a term of two years. The Road Commissioner must be sworn, bonded, and be in charge of all the roads, bridges, road hands, tools, and materials assigned, or used, in that area, and be compensated at the rate of $1.00 per day up to ten days in each one year period. The Quarterly Court would fix the number of days between five and eight for the road hands to work, and set the price of one-day's labor on the road. The Court was further empowered to levy a general road tax of two cents per $100.00 property valuation for each day the road hands were required to work. The Road Commissioners would name and supervise the Road Overseers in their Districts who would be in immediate charge of a section of road, work the number of days of compulsory labor as anyone else and then be paid up to $6.00 each year for extra work. All able-bodied males outside of cities between the ages of 21 and 45 were subject to compulsory road work. The Commissioners would dispose of petitions to open, close, or change roads, would index and classify the roads in their Districts, and see that their roads met the basic specifications in the Act. (This Act was involved in the case of Carroll v. Griffith (1906), 117 Tenn. 500, 97 SW 66.)
17. Private Acts of 1905, Chapter 478, Page 1016, amended Acts of 1901, Chapter 136, above, in several minor particulars, but principally in the methods of acquiring rights of way, especially when the power of eminent domain was to be used to secure it.
18. Private Acts of 1915, Chapter 649, Page 2121, was the first general road law for Jefferson County. The Act required the Quarterly Court to elect three Road Commissioners at its first term after the passage of this Act, one to serve two years, one to serve four years, and one to serve six years, after which each member would serve six years. The Commissioners would be paid no compensation other than their proven expenses. The Commissioners must meet the specified qualifications and be sworn into office. They would have an office in the Court house, make all the essential rules and regulations, and be in overall charge of the public roads in the County. The Commissioners could hire and fire a Road Superintendent, who must be experienced in road building, at a salary not to exceed $1500 per year, payable monthly, plus his out of pocket expenses in the discharge of his duties. The Superintendent must be sworn and bonded, must devote full time to the duties of his position, act as the Secretary to the Commission and keep accurate records of all transactions. He would be in immediate charge of the Road Department and its employees. Workhouse prisoners could be worked on the roads under the supervision of the Sheriff. The Quarterly Court could levy a general road tax of twenty to thirty cents in the county and ten to twenty cents in the cities. Males, outside cities, between the ages of 21 and 50 must work five days on the county roads or pay fifty cents for each day missed. All road districts and District Commissioners were abolished. The Road Superintendent would handle requests to open, close, or change roads. Penalties were set up for violations of this Act.
19. Private Acts of 1917, Chapter 386, Page 1180, repealed Private Acts of 1915, Chapter 649, above, and authorized the Quarterly Court to divide the County into three Road Districts and select one Road Commissioner from each one of the Districts who met the qualifications in the Act. The Commissioner would be in charge of all the public roads and bridges in the District and be paid $500 annually as compensation. The Commissioner could set the days between five and seven which all males outside of cities and between the ages of 21 and 50 would be required to work on the county roads, or pay $1.00 as a commutation fee for each day missed therefrom. Commissioners could appoint road overseers for each Section of road who would be paid $1.00 for each day of extra work but no more than $3.00 each year. All roads were to be classified and indexed. A general road tax of 20 cents to 40 cents per $100 property valuation could be levied in the county and a tax of 10 cents to 25 cents could be imposed in the cities, which would be divided between the Districts as nearly equal as possible. The Commissioners would decide upon the disposition of petitions to open, close, or change roads. The Quarterly Court could suspend, or dismiss, commissioners who were also to be sworn and bonded. Prisoners in the county workhouse could be worked on the roads under certain conditions.
20. Private Acts of 1919, Chapter 246, Page 611, with only a general repealing clause, created a three member Board of Pike Maintenance Commissioners to serve original staggered terms as they were appointed by the Quarterly Court who would also fill vacancies as they might occur. The Act named J. B. Huff, W. C. Lyle, and A. H. Moore, as the first commissioners to serve under this Act. Commissioners must be between the ages of 25 and 60, be of good moral character and sound business judgment, must be sworn into office, and would be paid up to $3.00 a day, but for no more than four days each year, plus expenses. The Commissioners were to be in charge of all roads and bridges except river bridges. The Board could employ a Road Superintendent, who must be trained and efficient in the art of road building and maintenance, who would be in immediate charge of the Road Department, sworn into office and bonded, devote full time to the job, keep accurate records of all the transactions of the Department and be paid up to $1500 annually, plus reasonable expenses. The jail was declared to be a workhouse and al the able bodied prisoners could be worked on the county roads. All males between ages of 21 and 50, outside of cities, were obliged to work five days each year on the public roads, or pay $1.25 per day as a commutation fee. All requests to open, close, or change the routes of roads must be filed with the Board for their decision. A general road tax could be levied of no less than twenty cents and no more than forty cents per $100 property valuation. Any condemnation proceedings could be appealed to the Circuit Court. The Superintendent must file an annual report covering all the activities of the road department during that period of time.
21. Private Acts of 1919, Chapter 247, Page 621, was the legal authority in Jefferson County (identified by the 1910 Federal Census figures) for the Quarterly Court to elect a Road Commissioner in each Civil District who would have the general supervision over all the roads in the District and serve one year at a compensation not to exceed $20. They would appoint road overseers in their Districts as their good judgment would dictate who was compelled to work as such overseer but no more than three days in one week. The commutation rate was set at $1.25 per day. The Commissioner of the District would hear and dispose of all requests to open, close, or change the roads arising in that particular District. The Quarterly Court had the authority to levy a general road tax of no less than five cents nor more than fifteen cents per $100 to be kept separate from other tax money and devoted to the purposes of this Act. The Commissioners were responsible for all the tools, materials, and equipment used in the District and could be disciplined for wilful neglect of duty.
22. Private Acts of 1919, Chapter 527, Page 1544, amended Private Acts of 1919, Chapter 246, Item 20, above, to name J. B. Huff, W. C. Lyle, and A. H. Moore, as the first Board of Pike Maintenance Commissioners which was originated under the terms of that Act.
23. Private Acts of 1955, Chapter 345, Page 1159, was the legal authorization for Jefferson County to negotiate contracts with other counties and cities and the State and Federal Governments and with private industry for the sale of crushed rock.

Roads

1. Private Acts of 1891, Chapter 145, Page 315, authorized the Quarterly Court of Jefferson County to issue bonds at such times and places as might be deemed proper at an interest rate not to exceed 4% and the aggregate amount of which had to be $100,000, or less, which money would be used exclusively to construct public highways and bridges across the streams of the County. None could be issued without being approved in a referendum vote of the people. All the details of a valid bond issue were included and a tax levy was ordered for the sinking fund.
2. Private Acts of 1901, Chapter 244, Page 511, was enabling legislation for the Quarterly Court to submit to the voters of Jefferson County at a time to be set by the Court the question of issuing and selling bonds up to $300,000, to lay out, grade, build, and macadamize public roads in the county. Upon approval by two_thirds of the voters, the bonds would be issued according to the details publicized and accepted. They would mature in specified blocks at five year intervals beginning after ten years from the date of issue. The interest rate to be paid would be decided by the Quarterly Court. Three county citizens would be selected by the Court as Pike Commissioners who would supervise the program. All the essential details were incorporated.
3. Private Acts of 1903, Chapter 7, Page 22, amended Chapter 244, Private Acts of 1901, above, by changing the requirement that the proposed bond issue be approved by a two-thirds vote of the people to approval by a simple majority of the voters.
4. Private Acts of 1905, Chapter 225, Page 462, was the enabling act for the Jefferson County Quarterly Court to issue up to $20,000 in 5%, 20 year bonds, in order to macadamize a road leading from Dandridge to Jefferson City, which bonds would be issued according to the directional details in the act. The Court was obligated to levy a tax for the sinking fund and the county court clerk to keep adequate records of all the transactions. The project would be overseen by the county chairman and two citizens to be appointed, one from Dandridge, and one from Jefferson City.
5. Private Acts of 1909, Chapter 184, Page 647, allowed the Quarterly Court to issue bonds not to exceed $100,000, at an interest rate of 5%, or less, and to mature no later than 30 years from issue, to build, grade, and macadamize county roads, the six roads mentioned in the act to have priority over others. The act named W. R. Manard, S. Harris, and A. C. Parrott, as commissioners, to supervise the program, to employ an engineer, and to otherwise exercise all the powers granted in the act. The Quarterly Court would set the compensation to be paid to the commissioners.
6. Private Acts of 1909, Chapter 233, Page 769, permitted the issue of bonds in Jefferson County not to exceed $75,000, at 5% interest, or less, and to mature within 30 years from the date of issue, with all the essential details contained therein, to build, grade, or macadamize the list of sections on 17 roads in the county. The same commissioners named in the above act were renominated in this one. Their powers were the same except the power to condemn land was added in this act. The commission was to solicit bids and award contracts.
7. Private Acts of 1913, Chapter 94, Page 366, enabled the Jefferson County Quarterly Court, a majority being present and voting for it, to issue and sell up to $125,000 in bonds, at 5% interest, or less, to mature no longer than 30 years from the issue date, to macadamize the public roads of the county which were graded. Any money in hand from former bond issues could be used in this program, also. A general road tax of 30 cents per $100 property valuation was to be levied by the court and collected by the Trustee. Arthur Holtsinger, S. H. Rankin, and A. C. Parrott, were designated as commissioners to oversee the program, employ an engineer and other people who might be needed, and be compensated by the quarterly court.
8. Private Acts of 1915, Chapter 689, Page 2210, was the authority for a bond issue in Jefferson County up to $15,000, at an interest rate not to exceed 6%, and to mature as the Quarterly Court directed, to grade and macadamize a road beginning at the pike near Professor J. I. McDaniel's and running substantially with the River Road by way of the Henderson Farm to Harrison's Ferry, the route to be laid off by the Pike Commissioners. All the details were present and the tax levy required.
9. Private Acts of 1917, Chapter 286, Page 869, allowed the Jefferson County Quarterly Court, a majority being present and approving the same, to issue and sell no more than $200,000 in 5%, 30 year bonds, to macadamize the graded roads, and the new roads being built in the county, and to improve and repair roads already built. The bonds would be sold by the Pike Commissioners, Arthur Holtsinger, S. H. Rankin, and J. B. Hill who were to be in charge of the project, who could acquire rights of way by condemnation, and be paid as the Court directed. Some 30 projects were listed involving several different county roads. Anything left over after completion could be devoted to other road projects.
10. Private Acts of 1921, Chapter 217, Page 696, was the enabling act for the Quarterly Court, a majority being present and approving, to issue the interest bearing warrants of the county up to $10,000 to grade all or any part of a road beginning at the pike near the residence of what was formerly known as the Sam Ferguson farm thence by the steel bridge over Muddy Creek, thence by Ailey's Chapel, and then over the most practical route to intersect the River Pike near the James Gaddis' farm which route would be laid out by the Pike Commissioners. These funds could be used for no other purpose and the warrants would be issued as were other warrants. The interest rate would be determined by the Quarterly Court.
11. Private Acts of 1921, Chapter 384, Page 1172, allowed the Quarterly Court of Jefferson County to issue its interest bearing warrants in amounts not to exceed $5,000 with which to grade a road beginning at the end of the pike at the Thula Fox farm by way of the James McMahan farm to the Sevier County line. These warrants were to be issued as other warrants at an interest rate to be decided by the Court. A tax could be levied, if necessary, to repay them.
12. Private Acts of 1921, Chapter 395, Page 1200, permitted the Quarterly Court of the county to negotiate its interest bearing warrants up to $10,000 to grade and macadamize a road starting at the Pike near Hill's Store, running substantially with the old dirt road known as Indian Creek Road to intersect the Dandridge-Chestnut Hill Pike at or near the V.M. Gaddis' farm, the exact route of the said road to be decided by the Pike Commissioners. Warrants would be issued in the normal way at interest rates decided by the Court. A tax was authorized to be levied if needed to pay the warrants.
13. Private Acts of 1921, Chapter 511, Page 1594, enabled the Quarterly Court to issue up to $10,000 in 5% bonds, or less, to mature no later than 25 years from issue, to grade, macadamize, and build a road from the Dandridge and Newport road which crosses the river at Hays Ferry near the Ferry at the most convenient point, running through Beaver Dam to the Newport and Dandridge Road which passes over the French Broad River at Elliott's Ferry. The Court would appoint a three member Road Commission to supervise this work.
14. Private Acts of 1921, Chapter 529, Page 1671, was the legal authority for the Jefferson County Quarterly Court to issue interest bearing warrants in an amount up to $15,000, at an interest rate determined by the court, to grade and macadamize two roads, one beginning at Reynold's Ferry and running via a point near William Arnold's and the Pleasant Grove Church to the New Market and Nance's Ferry Pike, and the other running by way of Fielden's Store to Millspring, both of which would be laid out by three citizens from the 7th Civil District to be named by the Court.
15. Private Acts of 1923, Chapter 567, Page 2116, permitted the Quarterly Court to issue its interest bearing warrants up to $15,000 to grade and macadamize the road which was the dividing line between the Seventh Civil District and the Fourth Civil District which began at the underpass of the Southern Railroad in New Market and to finish the grading and paving to Millspring and from Millspring to Will Arnold's, a point in the Reynold's Ferry Road. The warrants would be issued in the normal manner at an interest rate determined by the court.
16. Private Acts of 1931, Chapter 205, Page 507, enabled the Quarterly Court to issue and sell up to $95,600 in bonds, at an interest rate of 5%, or less, to mature no later than 20 years from the date of issue, to provide funds with which to grade and macadamize 36 sections of roads as the same were enumerated in the Act. The County Trustee would be responsible for keeping the records.
17. Private Acts of 1947, Chapter 214, Page 623, was the authority for a bond issue not to exceed $60,000 in highway bonds to purchase rights of way and other incidentals in connection with the construction of a section of State Highway #34 running through Jefferson County in cooperation with the State and Federal Governments. These were to be tax exempt general obligation bonds, issued at an interest rate no greater than 3%, over a maturity schedule no longer than 40 years from the issue date. The Budget Committee of the Quarterly Court would see to the sale of the bonds. All essential details were incorporated.
18. Private Acts of 1947, Chapter 215, Page 626, ratified, confirmed, validated, and legalized all the previous actions of the Quarterly Court taken in relation to the issue and sale of $30,000 in bonds to acquire rights of way for the construction of a section of State Highway #34 in Jefferson County. Interest was at 1 3/4%, and the maturity schedule ran through 1956. These were tax exempt, general obligation bonds for which a tax levy must be made every year until paid.

General Road Law

Private Acts of 1929 Chapter 477 (selected sections)

Section 1.That there is hereby created for all Counties of the state of Tennessee having a population of not less than 17,665 nor more than 17,685 according to the Federal Census of 1920 or any subsequent Federal Census, the office of Highway Commissioners for said Counties to consist of three members, no more than two of whom shall belong to the same political party, one of the Commissioners named in this Act to serve for a term of one year, one to serve for a term of two years, and one to serve for a term of three years, at the expiration of their terms their successors shall be elected by the County Commission of said County at its regular April term and to serve for a term of three years and until their successors are elected and qualified. And should any vacancy occur in said Commissioners by death, resignation, or removal, the County Court at any quarterly term shall fill said vacancy. Said Commissioners shall receive for their services the sum of $150.00 per year, except the Chairman of said Commission who shall receive the sum of $250.00 per year. They shall receive necessary traveling expenses when their duty calls them outside of the County, in the interest of the public roads of said County. The County Commission of said County may at its regular April term of any year raise or lower the salary of said Commissioners of any one of them.

It shall be the duty of said Commissioners to meet twice each month for the purpose of designating and laying out the work to be done on the public roads of said County and for the purpose of transacting any other business to come before the Commission. For the purpose of carrying out the provisions of this Act, A. H. Moore, Geo. C. Zirkle and J. W. Sams are hereby appointed and constituted Highway Commissioners for said County, and the said A. H. Moore shall serve for a term of one year, the said Geo. C. Zirkle shall serve for a term of two years, and the said J. W. Sams shall serve for a term of three years or until their successors are elected and qualified.

As amended by: Private Acts of 1949, Chapter 518; Private Acts of 1981, Chapter 50.

Section 2. That no person shall be eligible to a position on said Commission who is not a citizen and freeholder of said County, who is not of legal age, who does not sustain a good moral character and in all respects upright in his dealings. All of said Commissioners shall be men known to be of sound judgment and discretion, who are regarded as successful in their respective vocations of good business capacity and ability and one at least shall be a man skilled in the matters of finance. Before entering upon the discharge of their duties they shall take and subscribe to an oath of office in writing to be filed in the office of the County Court Clerk of said County, that they will faithfully and honestly discharge the duties of the office to the best of their skill and ability without partiality, fear or favor to persons or to the people of any section of said County. After qualifying said Commissioners shall organize by designating one of its members as Chairman, whose term as Chairman shall be for a term of one year and until his successor is elected and qualified.

As amended by several Private Acts.

Section 6. That the County Jail of such counties is hereby declared to be a county workhouse, and the sheriff or jailor of such county shall have the care and custody of all county convicts committed to that institution except when they are at work on the roads and are being taken to or returned from such work during which time the superintendent or persons designated by him shall have care and custody of them and shall be responsible for their safety.

The purpose of this Act in regard to County convicts being only to provide a method for working them on said public roads and bridges and in quarries, and in all other respects the general law in regard to county convicts is not effected but the same is hereby declared to be in full force and effect.

Section 7.That it shall be the duty of said superintendent to work all ablebodied convicts committed to the County Workhouse on said public roads of said county, or in quarries, quarrying and crushing stone for said public roads and road purposes. Taking them from the jail or workhouse in the morning and returning them at night, when it shall be deemed practical by said commission for him to do so.

SECTION 8.That the Board of County Commissioners shall have the authority to levy a public road tax on all the property taxable by law in the county. This tax when collected, shall be kept by the County Trustee in a fund called the Public Road Fund, and all road maintenance funds now in the hands of the County Trustee or which may hereafter come into his hands shall be available for use under this act. All revenue from whatever source derived for the use of public roads and bridges shall be kept by the Trustee in said public road fund account.

As amended by: Private Acts of 1981, Chapter 50.

Section 10.That all applications to open, change or close any road shall be made by written petition addressed to said superintendent, as is now required by general law to be made to the district road commissioner. The superintendent when he receives such petition shall within ten days thereafter fix the time and place of acting upon the same and shall notify the first person named on said petition. It shall then be the duty of said party to give notice, in writing to all interested persons, those deemed interested shall be the land owners and those having pecuniary interest, of the time and place when said superintendent will act upon said petition, and if proper notice has been given to all interested persons as designated above to be affected by said actions sought in said petition the superintendent shall proceed to view out said roads and report his actions to the Chairman of the County Court who shall hear the matter and determine what is the right of the parties and any party dissatisfied with the action of the Chairman as to said proposed change sought by said petition may within ten days appeal therefrom to the Circuit Court of said County upon making bond with solvent security as provided by law. All damages allowed by the superintendent or the Chairman trying said case or any damages allowed on appeal shall be paid out of the public road funds of said county, provided for in this Act. In all cases of opening and closing of roads the superintendent or in case a jury of view is summoned its report shall be confirmed, and any order confirming the same shall be entered on the minutes of said Court granting to the county an easement over the land the roads opened pass.

Section 11.That said county has the right of eminent domain to be exercised by it through its Highway Commission, for public road purposes to be exercised as required by general law in condemnation, except that the county shall not be required to make bond for damages.

Section 12.That all such public road fund shall be paid out by the County Trustee on the warrant of the superintendent when countersigned by the Chairman of said commission, showing for what purpose issued and to make quarterly reports covering the same to the County Court of said County.