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may be necessary to detect and prosecute crime in Jefferson County. That said executive officers shall be designated and known as Marshalls of Jefferson County Court of Misdemeanors, and each shall receive an annual salary of Fifteen Hundred ($1500.00) Dollars, to be paid out of the county treasury of Jefferson County, Alabama, in equal monthly installments, upon warrants drawn by the judge of said court upon the county treasurer of said county.

Section 11. That Section eighteen (18) of said Act is amended to read as follows: Section 18. That the Solicitor of Jefferson County, Alabama, be and he is hereby authorized to appoint a deputy solicitor for said court, whose duty it shall be to attend all sessions of said court, and prosecute all misdemeanors and all felonies to be heard on preliminary trial. That there shall be taxed as a part of the costs in each misdemeanor case prosecuted by the deputy solicitor the sum of five dollars as solicitor's fee, and in all felony cases prosecuted by said deputy solicitor there shall be taxed the sum of ten dollars as solicitor's fee, which solicitor's fees shall be collected by the clerk of said court, or by the clerk of the Circuit Court of Jefferson County, when the case is not finally determined in the Jefferson County Court of Misdemeanors, and shall be paid into the treasury of said county.

Approved Feb. 9, 1923.

No. 61.)

(H. 188. Odom.


To provide for a better system of public roads for the County of Lamar,

State of Alabama, and to provide ways and means by which said system may be maintained and effected, and to provide vehicle license and commutation fees and their manner of collection and expenditure. Be it enacted by the Legislature of Alabama:

Section 1. That the Court of County Commissioners of Lamar County, Alabama, at any regular or adjourned term in the year 1923, and at its November term each year thereafter, shall appoint three road commissioners of public roads, one of said members to be designated as Chairman, one as Secretary and one as 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 commissioners in said precinct, who shall serve for a period of one year ending December 31st, and from year to year thereafter, unless the commissioners court shall for cause remove such road commissioner.

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 executing a bond in a sum to be prescribed by the Commissioners Court, and made payable to Lamar County, with two good and sufficient sureties, conditioned for the faithful performance of their duties, and the Treasurer, in addition thereto, for the accountability of all monies coming into his hands as such treasurer, said bonds to be approved by the Probate Judge of said County, and said bonds to be filed with the commissioners court and said road commissioners also to take the oath of office now required by law, and after the said road commissioners have qualified it shall be the duty of the Chairman to call a meeting of said road commissioners, in their respective election precincts in said county, and, (1st) To divide up the public roads in said precincts in proper road sections or divisions and to appoint an overseer for each stretch of road so divided by them. (2nd) To make a complete list of hands subject to road duty in their respective precincts and after the time in which all roads hands are to pay a commutation fee has expired then said road commissioners 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 said money to the different road or roads in said precinct.

Section 3. That all male citizens between the ages eighteen and forty-five years, not exempt by law, be subject to road duty in said county, and that they shall be required to work eight days of eight hours per day on the public roads or to pay a commutation fee within thirty days after the passage of this law, and to pay such commutation fee annually thereafter between the first day of January and February first, said commutation fee to be five dollars, and said commutation fee shall be collected by the respective treasurers in each precinct, and be spent under and by the direction of said road commissioners in each precinct, said treasurer shall give each road hand a receipt for said commutation fee when paid.

Section 4. That exemption from road duty shall only be granted by the commissioners court in any regular, adjourned, or special session thereof, and when such exemption from road duty is granted the commissioners court shall issue to such exemptioner 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 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 one thousand dollars or over. If the cause of his disability is such a


defect that the same is not apparent, such person shall have the right to prove his ailment by two reputable physicians before the commissioners court.

Section 5. That in paying out money in the hands of the Treasurers the chairman and secretary shall issue a voucher, directed to the treasurer, ordering him to so pay, and all bills shall be passed and allowed by the three road commissioners, and any questions to be decided by said road commissioners each one shall have a vote in deciding such questions and a majority shall control.

Section 6. That whenever any person over road age is willing to serve as a 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 the time 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 commissioners. Section 7. That said road commissioners shall be notified,

. either in person or by mail, and a commission shall be delivered to them signed by the Judge of Probate under his seal of their appointment.

Section 8. That the treasurer of the road commissioners shall within thirty days after the time for collection of commutation fees has expired, and at the April term of the commissioners court each year thereafter 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 commissioners, and at the November term of the commissioners court each year shall make an itemized report of the monies expended, showing the date, number of days, to whom and for what said commutation fees have been spent, and how many days each road has been worked and at the expiration of such year shall make a supplemental report showing such facts for the remainder of the year.

Section 9. That it shall be the duty of the road commissioners to see that each person within road age who does not pay commutation fees, works eight days of eight hours per day on the public roads and the said road commissioners shall have the right to transfer any road hand to any and different roads in the precinct in which said road hand resides having regard for the road hand's proximity to such road.

Section 10. That it shall be the duty of the overseers in each precinct to make a written report immediately after working the roads in each year to the road commissioners, stating the number of hands worked, the name of each, and the number of days so worked and the amount of money expended for labor, to whom to be paid, and it shall be the duty of the road commissioners upon receiving such report showing the amount of money to be paid, to issue a voucher in payment of the same.

Section 11. That the road commissioners in the several precincts shall not expend any of the commutation fees for lumber or material, but that it shall be the duty of said road commissioners 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 have the right to authorize said road commissioners 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 and bridge fund of said county.

Section 12. That it is hereby made the duty of the Court of County Commissioners of Lamar County at the time of levying other taxes for county purposes, to levy at least five per cent of the special tax of the one-fourth of one per cent now allowed by law to be assessed and collected as other taxes for the special maintenance of the different public roads throughout the County, and said five per cent so assessed and collected shall be placed in a separate fund constituting a special fund to be used only for the maintenance and repair of all the public roads and bridges in said county; provided that this special levy of five per centum shall not interfere with any other levy allowed by law for courthouse, jail, roads or bridges, but is only intended to restrict the use of five per cent of one-fourth of one per cent on all taxable property to the exclusive use of maintaining and repairing roads and bridges in said county of Lamar.

Section 13. That the overseers when appointed by the road commissioners shall be subject to the control of such road commissioners and the several road commissioners of the several precincts shall be subject to the control of the commissioners court of Lamar County, Alabama, and nothing in this Act shall be construed as divesting the authority from the commissioners court of said county as to control of the roads and bridges in said county, and the commissioners court shall have the right to direct and supervise any and all road work in the several precincts and to supplement the commutation fees so paid, and direct how the same shall be used.

Section 14. That the county commissioners or commissioners court shall have the active control and management of the public roads and bridges in said county; the manner of working, maintaining, changing or locating the same, and granting new roads, and shall by deed or easement obtain right of ways for public road purposes, and shall have the right as provided under the General Law as to condemnation proceedings for such

purposes, and have the right to grant, open and establish private or settlement roads.

Section 15. That the general laws of Alabama with reference to the mode of warning hands to work on the roads, the notice to be given, the kind of tools or implements to be brought by the hands and also the general laws as to road defaulters and the punishment and prosecution of the same shall not be construed to be repealed by this Act.

Section 16. That any person, firm or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction therefor shall be fined not less than five dollars ($5.00) nor more than five hundred dollars ($500.00), and may be sentenced to hard labor for the county for not more than six (6) months, except as hereinafter provided in Section 33 hereof.

Section 17. That a person liable to road duty who moves into the county, or one residing in the county who becomes 18 years of age, on or after the first day of July of any year, may, by the time he is required to work, pay to the road treasurer of his precinct the sum of two dollars and fifty cents, and the payment to such road treasurer shall exempt such person from the duty of working on the public roads of the county for the year in which such payment is made, provided that when such person is warned to work on the road he shall in any event perform the work, or if he desires to pay, he may do so by the time he is required to work, and a failure to make such payment, as herein required, will constitute an election to work, and he shall be required to work four days on the public roads to which he has been assigned by the commissioners of his precinct; and it shall be the duty of the road commissioners of each precinct to make a list of all such persons who have moved into their precinct or who have become 18 years of age on or after the first day of July, and such commissioners shall forthwith assign such persons to work on a particular road of such precinct.

Section 18. That the court of county commissioners of Lamar 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 19. That the person, firm or corporation who diverts any surface water from its natural course and allows the same to flow into, over or on any public road in said county, shall be guilty of a misdemeanor and upon conviction shall be fined not more than ten dollars.

Section 20. That any person who owns lands that abuts any public road in said county and in the cultivation of such land plows too near to the edge of any road and thereby permits

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