default to the Treasurer of the road commission in his precinct not less than two or more than three dollars to be recovered before any justice of the election precinct in which such road is or if there is no justice in the precinct or the justice is incompetent by interest or relationship, then before any justice of an adjoining precinct or any justice in the county in the name of Fayette County.

Section 18. The road commission may excuse defaulters on showing a good excuse on oath, which oath may be administered by any one of the commissioners and said oath must be made within five days after default and the chairman of the road commission, or in his absence, any one of the commissioners must, at the expiration of said five days, return on oath a list of defaulters who are not excused to any justice of the peace of the precinct, in which such road is, or if there is no justice in the precinct or the justice in the precinct is incompetent by reason of interest or relationship, then before any justice of an adjoining precinct or any justice in the county, who may hear excuses at the trial and no security for costs in the proceeding for such default shall be required.

Section 19. It is the duty of the overseer to furnish the road commission in his precinct immediately the name of all hands who have been warned and failed to attend or send a substitute, with the proper tools, agreeable to the notice or fail to faithfully perform its duty.

Section 20. Such list so furnished as provided under section 19 of this Act is presumptive evidence of the default against the persons named therein, and should the county fail, the cost must be paid as in State cases.

Section 21. The overseers of public roads are authorized and empowered, and in precincts where there is no constable or sheriff said overseers shall be required to serve all process that may be issued from justice court in the precinct, against defaulters to work on such overseers road; and such overseer shall receive the same fees for such service as are allowed by law to constables for the same service but such overseers must only serve process where there is no constable in the precinct in which such process is issued by the justice of the peace.

Section 22. The road commission may make contract and it is their duty to do so for making, painting and erecting mile posts and direction boards, the account for which shall be paid out of any special road fund of the county, by and under order and direction of the county commissioner.

Section 23. That when any person subject to road duty becomes eighteen years of age after the 1st day of January and before the 1st day of February in any year he shall pay the full amount of said commutation fee of $8.00 or work eight days

on the public road for said year and any person coming of road age after the 1st day of February of any year shall work on the public roads one and five tenths days for each month of the year that he is of road age or pay a commutation fee for said year of sixty-six and two-thirds cents for each month of said year that he is of road age, and if he elects to pay commutation fee he must pay within five days after becoming of road age and if he fails to so pay he must be apportioned on the road and work as other hands who have been apportioned under this act.

Section 24. That the court of county commissioners of said county, may in its discretion employ the convicts of said county in working and maintaining the public roads and bridges thereof, under such rules and regulations as they may adopt.

Section 25. That any person, firm or corporation who diverts any surplus water from its natural course and allows the same to flow into, over, or upon any public road in said county, shall be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $25.00.

Section 26. That any person who owns land that abuts any public road in said county and in the cultivation of such land plows too near to the edge of any public road and thereby permits earth or debris to obstruct the road or the flow of water of any ditch or drainage connected with said road, or any person who places nails, tacks, shingles, boards, lumber or any other material or debris or obstructions in such public road. shall be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 and not more than $50.00 and said fine when so paid shall be turned over to the road commission in the precinct where said violation occurred and spent by them in repairing the injury or damage done to said road.

Section 27. That the overseers of the public roads in said county shall have the power and authority and it is hereby made their duty to dismiss from service any hand whether working for himself, or as a hired hand, who shall fail or refuse to do good and sufficient work, or obey any reasonable orders, and any such person may be proceeded against as though he had failed or refused to obey the notice to work on the road for which he was warned.

Section 28. Any person who is liable to road duty and who has not paid commutation fee who willfully fails or refuses after legal notice to work on the public road, either in person or by substitute, without a sufficient excuse therefor, must, on conviction be fined not less than $5.00 nor more than $25.00 for each day he is so in default, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than twenty days at the discretion of the judge trying

same.

Section 29. That the road commission shall carefully preserve all tools, implements and machinery turned over to them at any time by the court of county commissioners, or by their predecessors for working on the roads and said road commission shall execute or sign a receipt to the county commissioners for said tools, implements and machinery and said receipt shall state the kind and number of tools and implement so received, and the length of time said tools shall be kept and used by said road commission and at the expiration of the time stated in said receipt for returning said tools, implements and machinery the said road commission shall return said tools, implements and machinery to said county commissioner, taking their receipt therefor, unless the time for keeping said tools, implements and machinery by said road commission is extended by the county commissioners which extension of time, for keeping said tools and implements, must be shown by a memorandum made on the receipt so executed to the county commissioner by the road commission by writing on said receipt the length of the extension and date to be returned.

Section 30. That the road commission shall furnish to the road overseers, in their precinct, when needed for working the roads, the tools, implements and machinery turned over to them by the county commissioners and said road commission shall take a receipt for same and said receipt must state to what overseer said tools have been delivered, the length of time to be kept by them and the date said tools shall be returned to said road commission and when said tools and implements are returned to the road commission, the overseer shall take a receipt for the same.

Section 31. That the county commissioners, road commission and overseers shall not lend or allow any tools, implements or road machinery to be used by any private person or persons for their own private use and shall not loan any of said tools, implements or machinery to any person to be used for their own private benefit and that it is made strictly the duty of all said road officers to see that said tools, implements and machinery are used for working and maintaining the public roads and bridges of said county and for no other purpose and any county commissioner, road commissioner, overseer or their agent or deputy who allow said tools to be loaned or used by any person for any purpose other than the working and maintaining of said roads and bridges shall be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $100.00.

Section 32. The county commissioners shall have power and are hereby directed and required to erect houses in which to keep tools, implements and machinery, lumber and bridge ma

terial belonging to said county at or near the court house in the town of Fayette, Alabama, or at any other convenient point in said county and when said tools, implements and machinery are in their possession and not let out to the road commission they shall keep them in said tool houses for the purpose of preserving the same and to be used in working the public road in said county, and the commissioners are empowered and directed to see that all tools, implements and machinery are kept in repair and ready to be used on the public road at any and all times and where said tools, implements and machinery is kept in the tool house at or near the court house, the probate judge is to be custodian of said tools and execute and take all receipts for said tools required in this act, sign his name as judge of probate and when said tools are kept at a tool house other than the one at or near the court house, the court of county commissioners must designate some person of good reputation for honesty and interest in public roads as their duly authorized agent to take charge of and keep said tools in the tool house and to give and take receipt for said tools in their names as agent of the county commissioners.

Section 33. That it is made the duty of the county commissioners and they are hereby directed to have marks or stamps placed on all tools, implements and machinery belonging to said county so that they can be identified as property of the county and that when said county commissioners or the judge of probate fail to so mark said tools or when the county commissioners, road commission, overseers or agents of said county commissioners fail to use due care and diligence in taking care of and preserving said tools or return the same as required by this act when they are let out to road commissions or overseers as provided by this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $50.00 and said fine shall be turned over to the road commissions to be used on the road as a supplement to the commutation fee.

Section 34. To further secure and preserve the said tools the commissioners are authorized to insure said tools against fire and theft and to pay the premium on said bonds out of the special funds of said county.

Section 35. Court of county commissioners may at any time remove any overseer of roads or road commissioner for neglect of duty, incompetency, drunkenness or any other reasonable cause and in case of death, resignation or removal of any road commissioner, the commissioners shall have the power and authority at any time to fill the vacancy thereby caused. And in case of resignation or removal of any overseer the road commission shall have the power and authority at any time to fill

the vacancy thereby caused.

In case of any removal of any road overseer or road commissioner, or resignation he shall become at once liable to road duty if he is of road age and they shall only be allowed exemption for a period of time equal in length to the time they have served when they have served the full time for which they were appointed.

Section 36. That any overseer or road commissioner who fails to perform his duty as such under the provision of this Act unless otherwise provided for in this act shall be guilty of a misdemeanor and upon conviction shall be fined not less than $5.00 nor more than $25.00.

Section 37. That all prosecution for violating any of the provisions of this act except as otherwise provided herein shall be commenced in the county or circuit court; and the judge of the circuit court shall give this law in special charge to the grand jury and if the evidence is sufficient the grand jury shall have no discretion in returning an indictment.

Section 38. That the chairman of the road commission or in case of his absence or disability to do so some member of the road commission shall report to each and every grand jury all violations of this act and they shall inspect the roads at least three times per year and oftener if possible and report to said grand jury the condition of the public roads in their precinct and the road overseers shall report to the road commission immediately when it comes to their attention every bridge in their precinct which is dangerous and out of repair and if the material is available the road commission shall direct it to be repaired at once and if the material is not available for use at once the said road commission must make a requisition to the county commissioners at once for material to repair said bridge and the county commissioners shall if the requisition for material is found correct and actually needed shall grant said requisition and direct the road commission to proceed at once to repair the same. The county commissioners are authorized to purchase such lumber and material as are needed to repair the bridges and to be kept by them or their agents at convenient places to be used for repairing the bridges immediately. Every overseer shall within twelve hours after his attention has been called to the fact that a bridge on his street or road is out of repair to repair the same if material is available and if the material is not available he must report it to the road commission within said time. If the road commission fails to make the report as required under this section to the grand jury or any overseer fails to make the report of bridges out of repair to the road commission or any overseer who fails to repair broken down bridges or bridges out of repair when material is available and at his command, and who fails to work the road when