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duty and manner of obtaining exemptions, and all other provisions as to public roads, shall be applicable to the working of the public roads in said .county, except where same is in conflict with the provisions of this act.
Section 6. That any person liable to road duty may be exempt from work, by himself or substitute, by paying to the Supervisor of his District or the overseer of the road to which he is apportioned, on or before the 1st day of February of the current year for which he is liable to road duty, the sum of seven dollars, which shall exempt him from road work for the year. The Highway Commission of said county shall cause to be printed receipt books, with stubs, and furnish each Supervisor and overseer with a sufficient supply of such books and when and as often as any person liable to road duty pays an overseer or Supervisor in lieu of working, such overseer or Supervisor shall give such person a receipt for the amount paid and shall number the stubs to correspond with the number of the receipts, and such stubs shall show the amount received and from whom. The overseer and Supervisor shall from time to time pay such money over to the Judge of Probate of said county, taking his receipt therefor. Whereupon it shall be the duty of the Judge of Probate to pay same to the county treasurer or other custodian of public funds of the county, to be placed to the credit of the road fund of said county. All overseers and Supervisors shall on or before the 1st day of March of each year deliver to the Probate Judge all stubs of receipts for money collected from road hands. Any road overseer or Supervisor who converts any of such money to his own use or to the use of another, or who willfully fails or refuses to account for the same as required by law, shall be guilty of embezzlement and shall be punished accordingly. The money collected from persons liable to road duty shall be devoted to maintaining and keeping in repair the public roads of the county to which the persons paying the same were apportioned.
Section 7. That any overseer who performs any work on the public roads of said county over and above the ten days required by law for such overseer to work, shall be paid such reasonable sum for his labor as may be fixed by the Highway Commission of said county.
Section 8. The Court of County Commissioners of said county may transfer to the road fund of the county any surplus of the general funds of the county in the county treasury, or any part of said surplus, whenever in the judgment of said Court it will promote the interest of the county to make such transfer. Any surplus of general funds so transferred shall be used for the working of the public roads or the building of bridges or otherwise improving the public roads as the said Highway Commission may determine.
Section 9. All the jurisdiction, power and authority now conferred by the general laws of the State on the Court of County Commissioners or Boards of Revenue as to the public bridges and culverts in Cullman County, Alabama, is hereby conferred on said Highway Commission of Cullman County.
Section 10. That the general laws of Alabama with reference to the mode of warning hands to work on the roads, with 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 but the same shall be in full force and effect as to Cullman County.
Section 11. That in addition to the authority conferred by the general laws of the State on the Courts of County Commissioners or Boards of Revenue for the adoption of rules and regulations for the working and maintaining of public roads and bridges, said Highway Commission is hereby authorized and empowered to adopt such further and additional rules and regulations as in its judgment may be necessary to the proper working and to the proper construction and maintenance of the roads and bridges in said county.
Section 12. That any 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, or who shall throw up any obstruction or embankment on any land near to a public road so as to cause the water to flow into, or along said road, or who shall otherwise obstruct or injure any public road or bridge in said county, shall be guilty of a misdemeanor and upon conviction shall be fined not less than five dollars nor more than fifty dollars.
Section 13. That any person who owns land or who is in possession of land that abuts any public road in said county and in the cultivation of said land plows too near the edge of any road and thereby permits earth or debris to obstruct the flow of water in any ditch or drainage connected with said road, or any person who shall by any other manner obstruct any ditch along any public road to drain the same, shall be guilty of a misdemeanor and upon conviction shall be fined not less than one dollar nor more than twenty dollars, and said fine when paid shall be turned over to the road overseer on said road and spent in repairing the injury or damage done to said road.
Section 14. 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 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 15. That the overseer shall preserve carefully all the tools and implements for working on the road turned over to him at any time by the Highway Commission of such county, or by the supervisor of his district, and shall use same only to work on public roads and shall deliver the same to his successor or to the supervisor, taking his receipt therefor, or on the order of a Highway Commission.
Section 16. That the said Highway Commission may at any time remove any overseer of roads or road supervisor for neglect of duty, incompetency, drunkenness or any other reasonable cause; and in case of death, resignation or removal of any overseer or road supervisor, said Highway Commission 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 supervisor or resignation, he shall become at once liable to road duty and his name added to the list of hands in his beat.
Section 17. That any overseer or road supervisor who fails to perform his duty as such under the provision 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 18. That the Highway Commission of Cullman County shall have the exclusive control and management of public roads and bridges in said county and manner of working and maintaining new roads upon the same proceedings as are applicable under the general law of the State of Alabama governing the same by the Courts of County Commissioners or Boards of Revenue, and shall by deed of easement obtain rightsof-way for public road purposes and shall have the right as provided under the general law as to condemnation proceedings for such purposes; but shall not have any jurisdiction over the establishment, granting or opening of private or settlement roads.
Section 19. That said Highway Commission shall exercise the same jurisdiction, power and authority as to the construction and repair of the bridges in said county and as to letting same by contract, or otherwise, as is provided by the general law for the construction, repair and contracting of same by the Courts of County Commissioners or Boards of Revenue.
Section 20. That if any section or provision of this act shall be declared void or unconstitutional it shall not affect the validity or constitutionality of any other sections or provisions which is not in or of itself void or unconstitutional.
Section 21. That, except so far as the same may be in conflict with this act, the general laws now in force in this State with reference to public roads and highways shall be in force in Cullman County; and that all laws and parts of laws in conflict with the provisions of this act be and the same are hereby expressly repealed so far as they may apply to the county of Cullman.
Section 22. That this act shall take effect November 1st, 1923.
Approved Sept. 26, 1923.
(H. 823. Smith, of Clay.
To provide for the election of County Superintendent of Education for
Clay, Alabama, to fix his term of office, to prescribe his salary and the manner of payment; to define his qualifications, powers and duties, and to provide for the election of his successor in office.
Be it enacted by the Legislature of Alabama:
Section 1. That at the next general election to be held in Clay County, Alabama, in 1924 a County Superintendent of Education for Clay County, Alabama, shall be elected, by the qualified electors of Clay County, Alabama, 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 Clay County, Alabama, shall be elected by the qualified electors of said County at the regular general election, nominations for which office may be made in primary elections as other county officers.
Section 2. That the salary of said County Superintendent of Education shall be fixed by the County Board of Education of Clay County, Alabama, which salary shall not be less than $1800.00 nor more than $2400.00 per annum, and which salary shall be paid in the same way and manner as now provided under the general laws of the State of Alabama for the payment of County Superintendents of Education in the several counties of the State.
Section 3. 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 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 additional study of college grade and proof of three years of successful teaching experience; provided that, if no person meeting these requirements qualifies 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 4. 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 Clay County, such vacancy shall be filled by appointment of the State Superintendent of Education, and his appointee 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 willful neglect of duty, or when, the best interests of the school 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 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 5. 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 oath of office prescribed by the Constitution, and give bond in the 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 his office, and upon the accounting and paying over to the proper authority of all moneys coming into his hands.
Section 6. That all laws or parts of laws in conflict with the provisions of this act are hereby repealed.
Approved Sept. 26, 1923.