put anything in the road, or across the road that would obstruct, or inconvenience travel; or to deface or destroy any sign board, or index board put up anywhere on the public roads; or for any person to damage any road, bridge, or ferry in the county. The violation of any of the provisions of this subdivision of this Act, shall be deemed a misdemeanor, and on conviction thereof, the court shall assess a fine of not less than one dollar nor over $100.00 and shall sentence the offender to not less than thirty days at hard labor for the county.

Section 44. Any person within public road age who evades the register, or makes false claims of age or exemption, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars.

Section 45. The Road Superintendent is hereby authorized and empowered to purchase any modern road machinery necessary for the construction and maintenance of the public roads in the county; and to hire competent machinists to operate it and keep it in repair; and to hire competent men to direct the work when he deems it necessary.

Section 46. The Road Superintendent of Morgan County may be removed from office for dishonesty, incompetency, or for gross or willful neglect of duty as such Superintendent. When a charge is preferred against said Superintendent by the grand jury of Morgan County, said charge shall be heard before the circuit court, and the Road Superintendent may demand a trial by jury upon any charge preferred by the grand jury, and in the preferring of such charges of impeachment and the trial of impeachment cases, the same rules shall apply as now apply to the impeachment of justices of the peace.

Section 47. Any vacancies occurring in the office of the Road Superintendent shall be filled by appointment by the Governor of Alabama. Any Beat Supervisor may be removed at any time by the Superintendent of Roads without assigning any

cause.

Section 48. It is made the duty of the Road Superintendent or Beat Supervisor to fill out and deliver to each person, firm, or corporation a receipt for all moneys collected by said Road Superintendent or said Beat Supervisor from each person, firm or corporation.

Section 49. All roads contracted for or under construction by the Board of Revenue of Morgan County, Alabama, at the passage of this Act shall be completed by said Board of Revenue of Morgan County, Alabama.

Section 50. It is made the duty of the Road Superintendent to apportion to the public roads of Morgan County, Alabama, the money apportioned by said Morgan County under Section 22 of this act, and also to apportion to the public roads of said

Morgan County all moneys derived under the provisions of Section 23 to Section 41, both inclusive, of this Act.

Section 51. The term "public roads," referred to in this Act includes all roads in Morgan County except the State Highway. Section 52. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

Section 53. If any section or part of this Act shall be declared unconstitutional, such declaration shall not invalidate that which is constitutional; nor shall that part declared unconstitutional suspend the general or State laws governing public roads any section in this Act is intended to cover.

Section 54. The bonds required to be made by the Superintendent of Roads created by this Act shall be approved by the judge of probate of Morgan County, Alabama.

Section 55. The Road Superintendent herein provided shall be paid a salary of $2400.00 a year, to be paid in monthly installments of $200.00 each out of the road fund hereinbefore created; and the Beat Supervisors shall receive such pay for the time actually in service as the Road Superintendent may agree upon, in no event to exceed $3.00 per day of eight hours for the time actually engaged.

Section 56. The Road Superintendent shall make out in writing a requisition directed to the Judge of Probate for a warrant payable to each person or persons to whom he is indebted, showing to whom and for what such indebtedness is due, and the Judge of Probate shall thereupon issue his warrant drawn against the Special Fund created by this act, payable in the amount and to the person directed in said requisition, and deliver the same to the Road Superintendent who shall countersign the same before delivery.

Section 57. For his services as herein set out in the preceding section and for any and all services rendered by him to the Road Superintendent in the preparation of his necessary blanks, books and records, or in any matter of advice or assistance desired by the Road Superintendent, and for performance of duties required by this act relative to collection of taxes the Judge of Probate shall receive as compensation the sum of Two hundred dollars per quarter, payable as other claims under this act. Said compensation shall be in lieu of all compensation provided by law for any service relative to the public roads, highways, and bridges of Morgan County, Alabama, including the compensation provided by Article Four of Local Act App. Sept. 29, 1919 pg. 258 of Local Acts of 1919. "Provided that this act and no provision thereof shall ever be so construed or enforced as to repeal or supersede any of the provisions of the general highway laws of this State which are intended to apply to all counties in the State and to enforce and give effect to the constitutional

provisions of this State relating to public highways, roads and bridges."

Approved Sept. 15, 1923.

No. 280.)

AN ACT

(S. 399. Pelham.

To provide for the election of a County Superintendent of Education for Washington County, Alabama, to fix his term of office, to prescribe his salary, and the manner of payment, to define his qualifications, powers and duties, to provide for the election of his successor in office.

Be it enacted by the Legislature of Alabama:

Section 1. That a County Superintendent of Education for Washington County, Alabama, shall be elected by the qualified electors of Washington County, Alabama, at the next general election who shall hold office until his successor is elected and qualified as hereinafter provided.

Section 2. That at the next general election to be held in said County and State a County Superintendent of Education for Washington County, Alabama, shall be elected, who shall hold office for a term of four years and until his successor is elected and qualified, unless sooner removed for good cause, and each four years thereafter a County Superintendent of Education for Washington County, Alabama, shall be elected by the qualified voters of said County at the regular general election, nominations for which office may be made in primary elections as other county officers.

Section 3. That the salary of the said County Superintendent of Education shall be fixed by the County Board of Education of said County at not less than fifteen hundred ($1500) dollars per annum nor more than two thousand ($2000), which salary shall be paid in the same way and manner as now provided under the general laws of the State for the payment of salaries of county superintendents in the several counties.

Section 4. That said County Superintendent of Education shall be charged with the same duties and shall exercise the same powers as are now provided by the general school laws of the State in the conduct of the office of County Superintendent of Education. No person shall be eligible for political party nomination or for election to the office of County Superintendent of Education of said County who does not as now required hold an Alabama certificate in Administration and Supervision based as a minimum upon graduation from a standard normal school or equivalent education with at least one year of addi

tional study of college grade and proof of three years of successful teaching experience; provided that, if no person meeting these requirements qualified for nomination and election as provided in this act, the County Board of Education shall appoint a County Superintendent of Education as provided by the general law regulating the appointment of superintendents.

Section 5. That in the event of a vacancy in said office for any cause, except removal, such vacancy shall be filled by the County Board of Education, and the person so appointed shall hold office until the next general election thereafter when his successor shall be elected; that should any County Superintendent be removed for cause by the County Board of Education of Washington County, such vacancy shall be filled by election by the County Board of Education of Washington County and said newly elected County Superintendent of Education shall hold office as in the case provided by appointment of the County Board of Education. Provided, that the County Board of Education may remove the County Superintendent of Education for immorality, misconduct in office, incompetency, or wilful neglect of duty, or when, the best interests of the schools require it; any of which causes must be alleged and proved, and the County Superintendent of Education shall have the right to be heard in his defense as in cases of impeachment against County officers, and all such hearings shall be before the County Board of Education and shall be conducted as in cases provided under the general laws for the impeachment of County officers, and provided that upon such removal for cause any County Superintendent may appeal to the Circuit Court and have a trial by jury.

Section 6. That the duties and powers prescribed by the general laws of Alabama for the office of County Superintendents in the supervision of the schools of the several counties shall apply to and be incumbent upon the County Superintendent elected or appointed under the provisions of this Act, and before entering upon the duties of said office he must take the oath of office prescribed by the Constitution, and give bond in an amount to be fixed by the State Board of Education in a reputable surety company authorized to do business in Alabama, conditioned upon the faithful performance of the duties of this office, and upon the accounting and paying over to the proper authority of all moneys coming into his hands.

Section 7. The County Superintendent elected under the provisions of this Act must on the third Monday in September of each year cause to be published in a newspaper published in Washington County a full and accurate statement of all money expended, such statement shall show the amount paid to each teacher and the amount expended in the conduct of each school

separately in the County, if there be no newspaper published in the County then such publication shall be made by posting one copy of such statement at the County Court house and one copy at two other public places in the county.

Section 8. That all laws and parts of laws in conflict with the provisions of this act are hereby repealed.

Approved Sept. 14, 1923.

No. 281.)

AN ACT

(S. 398. Pelham.

To amend Section 7 of an Act approved March 31st 1911 To Better improve the public roads of Washington County, Alabama, and to make better provision for the working of said public roads, to divide said county into four road districts, and to provide for the election of a member of the Court of County Commissioners, as road supervisor for each of said districts; to provide the duties of said road supervisors, to require the overseers of public roads in Washington County, Alabama, to work under and in connection with the said Supervisors; to fix the pay of said supervisors; to provide for reports of the said supervisors; and to provide a penalty for failure to comply with said Law.

Be it enacted by the Legislature of Alabama, that Section 7 of an act approved March 31st 1911 be amended so as to read as follows:

Section 7. That no road commissioner under this act shall receive compensation for his services as such road Commissioner for more than thirty days in any three months.

Approved Sept. 14, 1923.

No. 283.)

AN ACT

(S. 352. Brower.

To vacate, close and annul as public highways, streets or avenues of travel for the public use, that portion of Sixth Avenue, North, which lies between and formerly connected Eighty-seventh Street and Eightyeighth Street near the eastern city limits of the City of Birmingham, Alabama, and that portion of Eighty-eighth Street beginning where said Eighty-eighth Street connects with an alley between Fifth Avenue Road and Arola Avenue, and running northward to a point where said Eighty-seventh Street now connects with said Eightyeighth Street, near the eastern city limits of the City of Birmingham, Alabama, and, to further provide that the title to land comprising said portions of said streets and avenues shall revert to, and vest in the owners of the abutting property.

Be it enacted by the Legislature of Alabama:

Section 1. That that portion of Sixth Avenue, North, extending from the eastern line of Eighty-seventh Street to the western line of the said Eighty-eighth Street, and that portion