Page images
PDF
EPUB

earth or debris to obstruct the flow of water of any ditch or drainage connection with said road, shall be guilty of a misdemeanor and upon conviction shall be fined not less than five dollars and said fine when so paid, shall be turned over to the road commissioners in said precinct, on said road, and spent by them in repairing the injury or damage done the said road.

Section 21. That it shall be unlawful for any telephone company, corporation or person, to construct or maintain a telephone line along the public roads or highways of Lamar County, except where it is absolutely necessary, and in so doing, where it crosses the public road or highway, it shall go straight across and the wires shall be fastened to two substantial posts, one on each side of the road, not over forty feet apart; and in constructing a telephone line it shall be constructed on one side of the public road or highway, and the posts shall be at or near the edge of the driveway of said public road or highway, and shall not be placed in or sufficiently near a ditch, so as to obstruct the drainage of the road.

Section 22. That the overseers of the public roads in said county shall have the power and authority to dismiss from seryice any hand whether working for himself, or as a hired hand, who shall fail or refuse to do good and sufficient work, or who shall hinder or delay other hands, or who shall refuse to 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 23. That it shall be the duty of one of the commissioners of each precinct, after consulting with his associates, to report to the grand jury at each term of the circuit court the condition of the roads in their respective precincts, and to report any overseer who has failed to do his duty.

Section 24. That it shall be the duty of every road overseer to see to it that the public roads of the section to which he is appointed are kept and maintained in a reasonably smooth and level conditon, and it shall be unlawful for any public road to be left in such condition as to impede or interfere with the free and proper use of such roads for the passage of persons and vehicles; and it shall be unlawful for any road overseer to premit any public road, or the culverts, bridges or causeways thereof, within his stretch or section, to be out of repair for an unreasonable length of time.

Section 25: That the overseers shall preserve carefully all the tools, and implements, for working on the road, turned over to him at any time by the court of county commissioners, or by his predecessors, and shall use the same only to work on public roads and to deliver the same to his successor, and shall take his receipt therefor, or on the order of the commissioners court. Section 26. That the 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 overseer or road commissioner, the commissioners court shall have the power and authority at any time to fill the vacancy thereby caused. In the case of removal of any overseer or road commissioner, or resignation, he shall become at once liable to road duty, and his name added to the list of hands in his beat.

Section 27. That any overseer or road commissioner who fails to perform his duty as such under the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be fined not less than five dollars and not more than twenty-five dollars.

Section 28. That each person, firm, association or corporation hauling logs, lumber or freight on, along or across the public roads or highways of Lamar County for hire, profit or compensation, and each person, firm, association or corporation engaged in hauling for hire, and each person, firm, association or corporation hauling freight, goods, wares or merchandise to be sold or offered for sale in the hauling of which any public road or highway in Lamar County is used shall pay the following privilege license for the use of said public roads or highways of said Lamar County, to-wit: (a) For each wagon drawn by

) two animals, six dollars per annum, provided that if the person, firm, association or corporation paying the same desires to do so, he or they may pay for and take out the license semiannually, and in the event the same is paid for semi-annually the first half shall include January, February, March, April, May, and June, or any fractional part of said months, and the second half shall include July, August, September, October, November and December or any fractional part of said months, and the privilege license tax for the use of the public roads or highways during any part of any half as above specified will be the same as if they were used during the entire half, and the amount to be paid if paid semi-annually will be three dollars for the half in which such public road or highway is used. (b) For each wagon drawn by three or more animals, twelve dollars per annum, provided that if the person, firm, association or corporation paying the same desires to do so, he or they may pay for and take out the license semi-annually, and in the event the same is paid for semi-annually the first half shall include January, February, March, April, May and June, or any fractional part of said months, and the second half shall include July, August, September, October, November and December or any fractional part of said months, and the privilege license

tax for the use of the public roads or highways during any part of any half as above specified will be the same as if they were used during the entire half, and the amount to be paid if paid semi-annually will be six dollars for the half in which such public road or highway is used. (c)

(c) For each motor truck used in hauling logs, timber, lumber freight or other merchandise of one ton capacity, twenty dollars per annum; of one and one-half tons capacity, thirty dollars per annum; of two tons capacity, forty dollars per annum, of two and one-half tons capacity, fifty dollars per annum, of three tons capacity, sixty dollars per annum; of three and one-half tons capacity or over, one hundred dollars per annum:

Provided that if the person, firm, association or corporation paying the same desires to do so he may pay for and take out the license semi-annually, and in the event the same is paid for semi-annually the first half shall include January, February, March, April, May and June, or any fractional part of said months and the second half shall include July, August, September, October, November and December or any fractional part of said months, and the privilege license tax for the use of the public roads or highways during any part of any half as above specified will be the same as if they were used during the entire half, and the amount to be paid if paid semi-annually will be one-half of the fee per annum for each half, Provided that this privilege license tax required to be paid under this Section shall not apply to persons who only haul logs to a saw mill to have same sawed on shares and who haul same back to their premises for their own use, nor to persons who haul firewood and stove wood to market, provided that they do not engage in the same as a business, and: Provided further that this privilege license tax shall not apply to persons hauling their farm products to market nor their supplies from market.

Section 29. That the Judge of Probate of Lamar County shall issue all privilege licenses in accordance with the above schedule and shall keep a record of all such licenses issued showing the person from whom collected, the precinct from which collected and the amount collected, and report to the road treasurer of each precinct during the first five days of each month all collections of the previous month, the money received from road licenses shall be paid in to the road fund of the precinct and to the treasurer of the precinct in which the person, firm, association or corporation paying the same does or has done or contemplates doing the greater part of such hauling, and it shall be the duty of the Judge of Probate at the time of issuing the license to ascertain and determine under this section to what precinct road fund such license money shall go. The money received for road licenses paid by any person, firm, association

or corporation not residing in Lamar County shall be paid to the Treasurer of the road commission of the precinct in which the person, firm, association or corporation paying the same does, has done or contemplates doing the greater part of such hauling, and it shall be the duty of the Judge of Probate at the time of issuing the license to ascertain and determine under this section to what precinct road fund such license money shall go.

Section 30. That the Probate Judge shall send a record of all licenses issued showing the person, from whom collected and the amount collected together with the money collected to the road treasurer of each precinct and the road treasurer of each precinct shall sign and send the receipt for same to the Probate Judge. That immediately upon receipt of this report from the Probate Judge, it shall be the duty of the road commission of each precinct to investigate and ascertain if all persons, firms, associations or corporations have paid the required privilege license taxes due by them under the provisions of this Act, and shall take a list of those who have not paid specifying the class of vehicles owned by them and shall at once send same to the Judge of Probate of Lamar County. That said Probate Judge

. shall on receiving such list of delinquents at once issue a citation to each person, firm, association or corporation so delinquent which citation shall be served upon the person, firm, association or corporation so delinquent, by the sheriff of Lamar County, and on the failure of such person, firm, association or corporation to take out such license as required within ten days after being cited as above, one of said commissioners reporting delinquents shall swear out a warrant for such person, firm, association or corporation for violating the provisions of this Act.

Section 31. That a prosecution for a violation of any of the provisions of this Act shall not excuse any person from taking out the license herein provided for, but such person shall, in addition to any fine imposed upon him by the court, be required to take out the license herein provided for.

Section 32. That it shall be the duty of the treasurer of the commission of the precinct entitled to the license tax paid as provided herein to receive from the Judge of Probate all funds collected by him in accordance with the above schedule, and to keep accurate accounts of the same showing the amount received, the date received, and when and to whom paid out. Said funds shall be paid out only on warrants drawn by the chairman of the Commission of the precinct, and shall be used for the construction improvement and maintenance of the public roads, highways and bridges of the precinct for which the same was collected.

Section 33. That any person, firm, association or corporation who is required to pay the privilege license tax hereinabove mentioned, who shall haul on, over, along or across any public road in Lamar County without having paid such privilege license tax shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than five dollars and not more than one hundred dollars, or may be imprisoned for thirty days at the discretion of the court trying the case, and the fine when collected shall go into the road fund of the precinct where the person, firm, association or corporation has done the greater part of such hauling, and shall be used for the construction, improvement and maintenance of the public roads, highways and bridges of said precinct.

Section 34. That this privilege license tax for the year 1923 shall be due and shall be paid by each person, firm, association or corporation entitled to pay same on or before March 1st, 1923, and such persons shall be delinquent on the first day of April 1923. Beginning with the year 1924 and for each subsequent year thereafter said license shall be due and payable on the first day of January of such year and shall be delinquent on the first day of February of such year, provided that licenses may be paid semi-annually as provided in Section 24 of this Act.

Section 36. That if any section of this Act is declared unconstitutional it will not invalidate any other provision.

Section 37. That all laws or parts of laws in conflict with this Act be and the same are hereby repealed.

Approved Feb. 10, 1923.

No. 66.)

(H. 108. Williamson.

AN ACT

To Repeal an Act Entitled: "An Act to regulate the fees of the Judge of

the County Court of Franklin County, Alabama.” Approved February 21, 1893.

Be it enacted by the Legislature of Alabama:

Section 1. That an Act entitled: "An Act to regulate the fees of the Judge of the County Court of Franklin County, Alabama;" Approved February 21, 1893, be and the same is hereby repealed.

Section 2. That all laws and parts of laws in conflict herewith, be and the same are hereby repealed.

Approved Feb. 10, 1923.

« PreviousContinue »