« PreviousContinue »
when so filed with the Clerk of said court same shall constitute the legal bill of exceptions in said cause, provided, however if either party to said cause being appealed is of the opinion that said transcript of the evidence and proceedings are incorrect, he shall immediately notify in writing the opposite party or his attorney of record together with the trial Judge, the corrections which he thinks should be made in such transcript and proceedings, and thereupon such trial judge shall hear the parties to this cause or their attorneys and shall pass upon such objections and corrections sought to be made, and when passed on by said trial judge and corrected the same shall be filed with the Clerk of said court and shall be the legal bill of exceptions in said cause, and the Clerk of this court shall immediately proceed to prepare the transcript of said cause on appeal for the appellate court as now provided by law. If such litigant who files objections to such transcript of the evidence and other proceedings is still dissatisfied with the same after it has been passed on by the trial judge, he shall have the right to establish a bill of exceptions in the Appellate Court as now provided by law.
Section 31: If an appeal is sought from the judgment in this court on a cause which was reported by a reporter who afterward died or otherwise inaccessible or unable to make and file a transcript of the evidence and proceedings in said cause, then such party appealing shall have a right to prepare and file with the clerk of this court what in his opinion is a correct record or transcript of the proceedings in said cause and notify the trial judge together with the opposing party or his attorney of record, that he has so filed the same. Thereupon said parties or their attorneys together with said trial judge shall have a hearing and agree upon such bill of exceptions if the same can be done, and if not the judge shall so correct and file such bill of exceptions as in his opinion is correct, and when so passed on and corrected by said judge same shall constitute the legal bill of exceptions in said cause provided however that nothing herein contained shall prevent the establishing of a bill of exceptions before the Supreme Court or Court of Appeals as now provided by law.
Section 32: That the Clerk and the Register with the approval of the judge of said court are hereby authorized to purchase all necessary furnishings, records, stationery, and supplies for the equipment and maintenance of said court and the same shall be paid out of the county treasury, in the same way and manner as now or may hereafter be provided by law for the payment for such furnishings, records, stationery and supplies in the Circuit Courts of Alabama.
Section 33: That there shall be taxed against the defendant on conviction the same solicitor's fee and the same shall be collected in the same way as provided by law for the taxing and collecting of solicitors fees in the Circuit Courts of Alabama and when collected the same shall be paid into the Treasury of Franklin County, Alabama.
Section 34: That there shall not be any grand juries drawn, empanelled or organized by this court.
Section 35: That if for any reason any section, provision or clause of this Act shall be held unconstitutional or invalid, then that fact would not destroy the constitutionality of this Act, except as to such clause or section.
Section 36: That all laws both local and general in conflict with said Act be and the same are hereby repealed.
Section 37: That this Act shall take effect from and after the approval thereof.
Approved Sept. 28, 1923.
(H. 950. Odom.
To amend Sections 1, 2, 3, 6, 11, 17, 20, 22, 23, 24, 28, 30, and 34 of an
Act of the Legislature of Alabama, entitled, “An Act 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," approved February 10th, 1923.
Be it enacted by the Legislature of Alabama:
Section 1. That Section 1 be and the same is hereby amended to read as follows: 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. Each commissioner 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. That Section 2 be amended to read as follows: Section 2. Be it further enacted that the three road commissioners mentioned in Section one of this Act shall within ten day's from the date of their appointment qualify by taking the oath of office now required by law and the Treasurer shall execute a bond in a sum to be prescribed by the Commissioners Court, with two good and sufficient sureties or in some bond company, said bond to be made payable to Lamar County, conditioned for the faithful performance of his duties and for the accountability of all monies coming into his hands as such Treasurer, said bond to be approved by the Judge of Probate of said county and filed with the Commissioners Court and recorded in the office of the Probate Judge, and after 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 precinct 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 road 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. That when said Treasurer makes bond in surety companies the premier on said bonds shall be paid out of the special road fund, by the county commissioners.
Section 3. That Section 3 be amended to read as follows: Section 3 That all male citizens between the ages of 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 annually between the first day of January and February first, said commutation fee to be eight 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 Section 6 be amended to read as follows: 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 a time equal to that which 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 commission, and compensation for serving as such overseer shall be an exemption from road duty for a time equal to that which he serves as such
It shall be unlawful for anyone in road age to refuse to serve as road commissioner or overseer when appointed, but no one can be compelled to serve as Treasurer of the Commission unless the County Commissioners pay the premium on his bond when he makes the same in a bond company. Any person who refuses to serve as road commissioner or road overseer when appointed, in road age, shall be guilty of a misdemeanor and upon conviction shall be fined not less than five nor more than one hundred dollars. Provided the County Commissioners and road commission may for good cause excuse their appointee from serving as road commissioner or overseer.
Section 5. That Section 11 be hereby amended to read as follows: 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 or the gasoline tax fund of said county.
Section 6. That Section 17 be amended to read as follows: 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 four dollars, 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 desired 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 Commissioner of his precinct, and it shall be the duty of the road commissioner 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 commissioner shall forthwith assign such persons to work on a particular road of such precinct.
Section 7. That Section 20 be amended to read as follows: Section 20. 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 which might endanger, hinder or impede traffic in such public road and who fails to remove same promptly 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 commissioners in the precinct where said violation occurred and spent by them in repairing the injury or damage done to said road.
Section 8. That Section 22 be amended to read as follows: 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. And any person who is liable to road duty and who has not paid commutation fee who wilfully 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 $500.00, and may also be sentenced to hard labor for the county for not more than six months.
Section 9. That Section 23 be amended to read as follows: Section 23. 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 the condition of the roads in their respective precincts, and shall report any overseer who has failed to do his duty and shall report all violations of this Act.
Section 10. That Section 24 be amended to read as follows: 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 condition, and that the roads are in such condition as not to impede or interfere with the free and proper use of such roads for the passage of persons and vehicles. 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 is found correct and actually needed,