said owners of said wagons and trucks from damaging or injuring said roads and bridges; by giving the County Court and Circuit Court jurisdiction of all criminal violations of said Act; by giving the Circuit Court jurisdiction of civil suits for damages to said roads and bridges; by requiring the Circuit Judge to give this Act in charge to the Grand Jury; by providing that violations of this Act shall be commenced in the county or Circuit Court; by making the sheriff, constables, state law enforcement officers and all road officials of said county to begin prosecution for violations of this Act; by authorizing the County Commissioners to supplement the commutation fees in the several precincts of said County from any special road or bridge funds or the gasoline tax fund by paying said supplement to the Road Commissions in the several precincts to be used by them in repairing and maintaining the roads in their respective precincts; by requiring the Road Commission through one of its members of the several precincts to report all violations. of this Act to the Grand Jury and to report the condition of said roads of their respective precincts to said Grand Jury and providing penalties for the violations of this Act.

Be it enacted by the Legislature of Alabama:

Section 1. That the Court of County Commissioners of Fayette County, Alabama, at any regular or adjourned term in the year 1923, and at its November term in the year 1924 and every two years thereafter shall appoint three road commissioners of public roads; one of said members to be designated as chairman, one as Secretary and one Treasurer in each election precinct in said county except in precinct number one. The Judge of Probate of said county shall be the Treasurer of said road commission in said precinct number one. Each commissioner shall serve from appointment until December 31, 1924. Subsequent appointment of such commissioners shall be for a term of two years unless the Commissioner's Court shall for cause remove such road commissioners.

Section 2. Be it further enacted that the three road commissioners mentioned in Section One of this Act shall within ten days from the date of their appointment qualify by taking oath of office now required by law and the Treasurer shall execute a bond in a sum to be prescribed by the Commissioner's Court with two good and sufficient sureties or in some bond company payable to the County of Fayette, Alabama, conditioned for the faithful performance of his duties and for the accountability of all moneys coming into his hands as such Treasurer, said bond to be in double the amount, estimated, that will come into the hands of said Treasurer at any one time during each year, said bond to be approved by the Judge of Probate of said county and filed with the Commissioner's Court and recorded in the office of the Judge of Probate, and after the said road commissioners have qualified it shall be the duty of the chairman to call a meeting of said road commissioners, and their respective election precincts in said county and first to divide up the public roads in said counties in proper sections,

stretches or divisions and to appoint an overseer for each stretch of road so divided by them. Second, to make a complete list of hands subject to road duty in their respective precincts and after the time in which all road hands are to pay a commutation fee has expired then said road commission shall apportion all road hands not paying said commutation fee and give a list thereof to each overseer and then decide in what manner the commutation fee shall be spent in the precinct and apportion Isaid money to the different road or roads in said precinct. That when said Treasurers make bond in surety companies the premium on said bond shall be paid out of the special road fund by the county commissioners.

Section 3. It shall be unlawful for any one in road age to refuse to serve as road commissioner or overseer when appointed but no one can be compelled to serve as Treasurer of the Commission unless the county commissioners pay the premium on his bond when he makes the same in a bond company. Any person who refuses to serve as road commissioner or road overseer when appointed in road age shall be guilty of a misdemeanor and upon conviction shall be fined not less than five nor more than one hundred dollars. Provided, the county commissioners and road commission may for good cause excuse their appointee from serving as road commissioner and over

seer.

Section 4. That said road commissioners shall be notified of their appointment by the Probate Judge either in person or by mail, and a commission shall be delivered to them signed by the Probate Judge under his seal of their appointment when they qualify by taking the said oath of office and making bond as required under Section 2 of this Act.

Section 5. That all male citizens between the ages of eighteen and forty-five, not exempt by law, be subject to road duty in said county, and that they shall be required to work eight days, eight hours each day on the public road or to pay a commutation fee annually between the first day of January and February first, said commutation fee to be Eight Dollars per annum, and said commutation fee shall be collected by the respective Treasurers in each precinct, and be spent under and by direction of said road commission in each precinct, said road Treasurer shall give each road hand a receipt for said commutation fee when paid.

Section 6. That all exemptions from road duty shall only be granted by the Commissioner's Court in regular, adjourned or special session thereof, and when such exemption from road duty is granted the Commissioner's Court shall spread same upon its minutes and shall issue to such exemptioner a certificate stating the duration of such exemption, and the same to

be signed by the Judge of Probate under his seal. Said exemption shall only be granted on proper proof that said road hand is not physically able to do manual labor on the farm or elsewhere and said exemption is not to be granted if said road hand in either his own name or that of his wife or other person assesses property for taxation to the value of Five Hundred Dollars or over. If the cause of disability is such a defect the same is not apparent, such persons will have the right to prove his disability by two reputable physicians before the Commissioners' Court.

Section 7. That in paying out money in the hands of the Treasurer of the road commission, the chairman and Secretary shall issue a voucher directed to said Treasurer ordering him to so pay and all bills shall be passed and allowed by the three road commissioners and any question to be decided by said road commissioners each one shall have a vote in deciding such question and a majority shall control and all vouchers issued under this Section shall state in detail for what work, service, purpose and to whom said money is to be paid.

Section 8. Whenever any person over road age and under sixty-five years of age is willing to serve as road commissioner they shall be eligible, but when in road age his compensation as such road commissioner shall be an exemption from road duty for a time equal to that which he serves as such road commissioner. All overseers appointed shall be within road age and shall receive a commission signed by the Chairman and Secretary of the road commission.

Section 82. The road commission in each precinct may pay to each road overseer an amount not to exceed one dollar per day for each day's service on the public roads after he has rendered eight days service on said roads in each year. It is the intention and purpose of this Section to allow each overseer who serves more than eight days in any one year one dollar per day for each day's service after he has served eight days service in any one year and that said amount may be allowed said overseers when necessary to keep the roads and bridges in repair and when found correct and may be paid out of the commutation fees or any supplement to said fund by the County Commissioners.

Section 9. That the Treasurer of the road commission shall at the April term of the Commissioners' Court report the names and the amount paid in commutation fees, together with a list of hands not paying, a list of overseers appointed by the road commission and at the November term of the Commissioners' Court each year shall make an itemized report of the moneys expended showing the date, number of days to whom and for what said commutation fees have been spent and how many

days each road hand has been worked and at the expiration of such year shall make a supplemental report showing such facts for the remainder of the year, and said report shall show the number of days each road hand who has not paid a commutation fee for said year has worked on the public roads.

Section 10. That it shall be the duty of said road commission to see that each person within road age who does not pay commutation fee work eight days, eight hours a day in each year on the public road in said county and the said road commission shall have the right to transfer any road hand to any and different road in the precinct in which said road hand resides, having regard for the road hand's proximity to such road, provided no road hand who fails to pay his commutation fee shall be required to work on the public road all of which is more than six miles from where he resides.

· Section 11. That when a road hand who has not paid a commutation fee moves from one precinct to another he shall procure a certificate showing the number of days he has worked on the public roads in the precinct from which he moved and if he has not worked a full eight days in the precinct or precincts from which he moved he shall work the remaining eight days in the precinct into which he moved. Any road hand moving into a precinct from another county who has not paid a commutation fee in another county or worked the time required by law on the public roads in the county from which he moved shall be subject to road duty in the precinct to which he moves in said Fayette County, and if said road hand has worked part of his time as required by law in another county he shall be given credit for said time so worked in Fayette County. Road hands moving into Fayette County from other counties shall pay a commutation fee within ten days after removal into Fayette County and in case he fails to so pay he shall be apportioned on the roads as other road hands. Where said road hands have worked a part of their time in other counties before moving into Fayette County then the road commission shall have full power and authority in his precinct to give him credit for the number of days so worked in the county from which he moved. And if he had paid the full commutation fee or street tax for the year in another county or city or town from which moved he shall be exempt on proper proof and showing from road duty in Fayette County for the year he has so paid.

Section 12. That it shall be the duties of the overseers from each precinct to make a written report to the road commission immediately after working the road each year, stating the number of hands worked, the name of each and the number of days so worked and the amount of money to be expended for labor to whom to be paid, and it shall be the duty of the road commis

sion upon receiving such report showing the amount of money to be paid to issue voucher in payment of the same if found correct.

Section 13. That the road commission in the several precincts shall not expend any of the commutation fees for lumber or material, but it shall be the duty of said road commission to furnish a list to the commissioners court showing the amount of lumber and material actually needed in their precinct for the repairing of bridges and culverts, and the commissioners court shall if the same be necessary, authorize said road commission to purchase the material and make the necessary repairs on any bridge or culvert and the same shall be paid by the court of county commissioners out of the special road, bridge fund or gasoline tax fund of said county.

Section 14. That the overseers when appointed by the road commission shall be subject to the control of such road commission and the several road commissioners of the several precincts shall be subject to the control of the commissioners court of Fayette County, Alabama, in all matters pertaining to said public roads except as to such matters as are delegated by the provisions of this act to the road commission. The commissioners' court shall have the right to direct and supervise any and all road work in the several precincts except to such matters as are delegated to the road commission by this act and to supplement the commutation fees so paid and to direct how said supplement shall be used.

Section 15. That the county commissioners or commissioners court shall have the actual control and management of the public roads and bridges in said county except such control and management as is delegated to the commission by this act, and they shall advise as to the manner of working, maintaining. said roads and shall have the active control of locating roads granting new roads and shall by deed or easement obtain rightof-ways for public road purposes and shall have the right as provided under the general laws as to condemnation proceedings for such purposes and have the right to grant, open and establish private or settlement road.

Section 16. The mode of warning hands is for the overseer or some other person appointed by him to give two days notice in person or in writing to be left at the residence to all persons liable to work, to meet at such time and place as the overseer of the road may appoint, and with such tools, implements or property liable to road duty as he may direct.

Section 17. If any person warned and who has not paid his commutation fee in lieu of work as provided under this act, fails to attend, or send a substitute, agreeable to notice, or fails faithfully to perform his duty, such person must pay for each day's