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which report shall be posted at the Court House door, and to present to the Board of Revenue quarterly a summary of all work done during the preceding quarter which summary shall be published one time in some newspaper published in said county. The said Road Supervisor shall perform any and all other duties necessary to the efficient construction, maintenance and repair of the public roads and bridges of the county. The Road Supervisor's claims for expenses shall be itemized and sworn to, audited, allowed and ordered paid as other claims against the county. Such claims for salary and expenses may be paid from any road or bridge fund or from the general fund.
Section 10. The Road Supervisor under the authority of the Board of Revenue shall on the first day of January 1924 or as soon as practicable thereafter appoint a sufficient number of road overseers for all road precincts of the county subject to the approval of the Board of Revenue and they shall be issued a commission signed by the Chairman of the Board of Revenue and shall be appointed for a term of two years and in case of resignation or removal or expiration of term for which appointed, any such overseer shall be exempt from road service for one-half the time of service rendered by him as such overseer. The Supervisor shall furnish each overseer with a list of such persons as have failed to pay road tax by March 15th of each year and have been apportioned to the road precinct to which such overseer has been appointed and at such time as may be deemed advisable the overseer shall duly warn said road hands for road work in the manner provided in this Act. It shall be the duty of the overseer accepting appointment as such to keep his road in as good condition as possible and when it shall come to his knowledge that any part of his road precinct is obstructed by timbers or fallen trees or other obstacles it shall be his duty forthwith to warn out a sufficient number of his apportioned road hands to remove such obstruction and failing to do so he shall be guilty of neglect of duty as Road Overseer and on conviction shall be subject to a fine of not less than ten dollars nor more than fifty dollars.
Section 11. The Board of Revenue shall have the authority to enter into contract on behalf of the County with the State Highway Department for the maintenance of any Federal Aid Project completed or partially completed in Choctaw County, and shall have authority to purchase or hire teams or road machinery for the purpose of carrying out such contract or for doing any other road construction, maintenance or improvement in said County.
Section 12. That when the residents or land owners of any community in said county shall determine to improve, build or better maintain any road or roads in said community and shall
by subscriptions of money, contributions or agreement to contribute labor, teams, tools or road building material for such road improvement and such subscriptions and promised contributions are satisfactorily guaranteed to said Board of Revenue, said Board shall have the right and authority to meet such subscriptions and contributions by appropriating a like amount from the road and bridge fund of the county or so much of said amount as may be deemed advisable, and such contemplated work or road improvement shall be done under the direction of the Board of Revenue, through its agents or employees provided for in this Act.
Section 13. That the said Board of Revenue of Choctaw County shall be authorized and empowered to contract with the State Highway Commission for the building, improvement or maintenance of any Federal Aid Projects established or maintained in said county and in the event any such contract is made receipts from the performance of the contract, over and above the necessary outlay and expenses necessary to said performance of such contract, shall accrue to the road and bridge fund of said county.
Section 14. The Board of Revenue shall have authority to employ, when deemed advisable, a competent engineer for the purpose of locating, surveying and making estimates of construction, maintenance or improvement of county roads and to fix his compensation for such services.
Section 15. The Board of Revenue of Choctaw County shall be atuhorized and empowered, if in the judgment of the Board it is deemed advisable in order to advance as early as possible towards the accomplishment of the general highway scheme of the State as to connecting county seats, to contract with the State Highway Department for the payment of the expense of location and survey by the State Highway Department of a road running through Choctaw County, North and South from the boundary ilne between Washington and Choctaw County where the road running North through Washington County shall touch said boundary line to the Sumter County line; and the said Board of Revenue is further authorized and empowered when such survey and location of such route is made, to appropriate any part of the road and bridge fund not otherwise restricted by law to the construction of such road and to begin work on the grading and construction of the same, provided however that such grading and construction shall be under the direction of the State Highway Department.
Section 16. It is hereby made the duty of all persons in Choctaw County not exempted by this act or by the general laws of the state who fail or refuse to pay the road tax imposed hereunder, to work the public roads of said county, in person or by substitute, for ten days in each calendar year, which duty shail be performed at such times as may be designated by the road overseer or supervisor herein provided for.
Section 17. The following persons shall be exempt from road service and from the payment of the per capita road tax in lieu of such service: All women, and all men under the age of eighteen and over the age of forty-five years; all persons who have lost an arm or a leg; and all persons who, by nature or disease, are rendered incapable of hard labor, who shall procure a certificate of such incapacity from the county health officer or, in the absence of any such officer, from two reputable practicing physicians.
Section 18. The mode of warning hands for road service shall be as follows: The overseer or some person appointed by him shall give two days notice in person or in writing, to be left at the residence, to all persons who are liable to work to meet at such time and place as the overseer of the road may appoint, and with such tools, implements or property liable to road duty as he may direct. Any road hand who fails to faithfully perform his duty, or who fails to attend with proper tools, agreeable to the notice, shall be guilty of a misdemeanor and upon conviction shall be fined not less than five nor more than twenty-five dollars.
Section 19. That no contract shall be made by the Board of Revenue for the purchase of any road or bridge material or supplies, including teams, tools and machinery, for the construction, maintenance or repair of any road or bridge except on the recommendation of the Road Supervisor, and where the amount involved is fifty dollars or more no such contract shall be made except on bids after advertisement for two weeks by posting notices at the court house door and two other public places in the county, one of which shall be at or near the location of any construction work to be done. If the amount involved be two hundred and fifty dollars or more notice that bids will be received shall also be published in some newspaper published in the county for two weeks. The Chairman of the Board of Revenue shall also give notice in writing of any contract to be let to at least three merchants or dealers in the goods or materials to be purchased or to contractors or workmen of the work contemplated to be done.
Section 20. That the overseers of roads provided for in this act shall have the power and authority to dismiss from service any hand whether working in his place on the road or as a substitute for another road hand or as a hired hand, who shall refuse to do good and sufficient work or obey any reasonable orders and any persons may be proceeded against as though he had failed or refused to obey notice to work on the road for which he was warned; provided that this shall not apply to a hired hand paid wages from the road and bridge fund.
Section 21. That the overseer shall preserve carefully all the tools and implements for working on the public road turned over to him at any time by the Board of Revenue or by the Road Supervisor and shall use the same only to work on the public roads and shall deliver the same to his successor or to the Supervisor taking receipt therefor.
Section 22. That any supervisor or overseer 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 23. That if any section or provision of this act shall be declared void and unconstitutional it shall not affect the validity or constitutionality of any other section or provision which is not of itself void or unconstitutional.
Section 24. That except so far as the same may be in conflict with this act the general laws now in force or which may hereafter be in force in this state with reference to public roads and highways shall be in force in Choctaw County and that all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed so far as they may apply to Choctaw County.
Section 25. That this act shall go into effect on Tuesday after the first Monday in November 1923.
Approved Sept. 27, 1923.
(H. 1046. Elliott.
To Abolish the Court of County Commissioners of Choctaw County, Ala
bama; to Establish a Board of Revenue for said County; to provide for the appointment and election of the Chairman and members thereof and to prescribe and limit their duties, powers and responsibilities and fix their compensation; to divide the county of Choctaw into four Board of Revenue districts; to provide a clerk for said Board of Revenue and to fix his duties and compensation, and to prescribe penalties for the violation of the provisions of this act, and repeal all laws in conflict with the provisions of this act.
Be it enacted by the Legislature of Alabama:
Section 1. That on Tuesday after the first Monday in November 1923, the Court of County Commissioners of Choctaw County is hereby abolished.
Section 2. That the County of Choctaw be and the same is hereby divided into four Board of Revenue districts to be numbered one, two, three and four. The said districts shall bear the same numbers as the Commissioners Districts heretofore established and now existing and shall each be composed
of that part of said county embraced within the Commissioners Districts of corresponding number.
Section 3. That there is hereby established a Board of Revenue of Choctaw County to be constituted and composed as follows: The Porbate Judge of Choctaw County as ex-officio chairman and clerk of said board, whose term of office shall run concurrent with the term of office of the Probate Judge; the present members of the Court of County Commissioners from the first and third Commissioners Districts, who shall hold office until the first Monday after the second Tuesday in January 1925, and until their successors are elected and qualified; the present members of the Court of County Commissioners from the second and fourth Commissioners Districts shall hold office until the first Monday after the second Tuesday in January 1927, and until their successors are elected and qualified.
Section 4. That at the general election for State and County officers to be held on the first Tuesday in November 1924, and every four years thereafter, there shall be elected a member of the Board of Revenue from each one of the first and third Board of Revenue Districts; and at the general election for State and County officers to be held on the first Tuesday in November 1926, and every four years thereafter there shall be elected a member of the Board of Revenue from each one of the second and fourth Board of Revenue Districts. The said members so elected shall be qualified voters of the districts they represent, but shall be elected by the qualified voters of the entire county.
Section 5. That the first terms of all members of said Board of Revenue shall begin on Tuesday after the first Monday in November 1923.
Section 6. All vacancies occurring in the membership of said Board of Revenue shall be filled by appointment by the Governor for the unexpired term as herein prescribed.
Section 7. The Board of Revenue shall meet in regular session on the first Tuesday in each month and shall hold all other special or revenue terms as is now or may hereafter be required to be held by Courts of County Commissioners or Boards of Revenue under the general laws of the State or as the chairman of said Board of Revenue may deem necessary or advisable. Except in cases of emergency, the chairman of said Board of Revenue shall give the members of said Board five (5) days notice of any special meeting called by him. The chairman and any two members or any three members without the Chairman shall constitute a quorum for the transaction of business.
Section 8. The chairman of said Board of Revenue shall be the presiding officer and clerk thereof, but it shall be his duty