it is impassable for a period of twelve hours after he had knowledge of the same shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than five nor more than twenty-five dollars.

Section 42. That it shall be unlawful for any person, firm, corporation or association to operate any truck upon the public roads or highways of Fayette County, Alabama, at a greater rate of speed than twelve miles per hour, and weighing with its load more than five tons. No such truck weighing with its load as much as five tons shall be operated at a greater rate of speed than fifteen miles per hour, and no such truck weighing with its load three tons shall be operated at a greater rate of speed than eighteen miles per hour, and no truck weighing with its load of two tons or less shall be operated at a greater rate of speed than twenty miles per hour.

Section 43. That it shall be unlawful for any person, firm, association or corporation to haul by wagon or truck logs, timber, lumber, cross ties, sand, gravel, brick, stone, concrete goods, wares and merchandise of every kind and description on and along the public roads and bridges in Fayette, Alabama, for hire, profit or compensation or to be sold, offered for sale, bartered or exchanged, except wagons or trucks used for hauling children to and from school, and also except wagons or trucks used for delivering or hauling ice, gasoline, oils and products of bottling plants, on the public roads of said county within twelve hours after a rain-fall of sufficient quantity to cause the rainfall to stand in said highway for as long as thirty minutes after the falling, and when said roadway is muddy, boggy or wet caused from a slow, soaking rain it is expressly made unlawful for such trucks to be driven over said boggy or wet roads. caused from slow soaking rains while in such condition; provided, however, that if the driver of such wagon or truck is from necessity returning from his trip or passing through said county over said road in the usual course of his business he may drive one way over said highway; provided further, that no truck equipped with solid or semi-pneumatic tires on the wheels may be operated on said highway within fifteen hours after said rainfall except on paved roads, except from necessity in returning from his trip or except when passing through said county over said roads in the usual course of business he may drive on said highway one way; provided, this section shall not apply to persons who only haul logs to saw mills to have sawed into lumber to improve their own premises or that of their tenants or to persons who haul lumber from saw mills to improve their own premises or that of their tenants and for their own private use, nor to persons who haul fire wood or stove wood to market or to persons hauling their own cotton or other farm produce to

market or to persons hauling cross ties from their own land or to persons hauling goods, wares or merchandise from market for their own private use or that of their tenants. Provided further that this section shall not apply to persons hauling material and road machinery to use in improving, building and repairing the roads and bridges of said county.

Section 44. Every truck must have displayed in a prominent place on it a prominent sign, giving the weight of the vehicle when empty and its rated capacity in tons when loaded.

Section 45. It shall be unlawful for any truck weighing including its load more than seven tons to use the public road and bridges or to travel along or over said road or bridges without special permit from the porbate judge of said County to do so.

Section 46. That all State Law Enforcement Officers, sheriff and his deputy of said Fayette County, Alabama, all constables and all road officials of said Fayette County, Alabama, are hereby clothed with special duty in addition to their duty required in other provisions in this act to see that the provisions of sections 42, 43, 44, and 45 is enforced, and are hereby given the same right to make arrest for violation of said last mentioned sections of this act as sheriffs now have under the law.

Section 47. Any person, firm or corporation operating any truck on the highways of said County and who causes any damage or injury to any public road or bridge is hereby made liable for any and all damages or injuries, and liability for damages done to any highway, is hereby fixed against any operator or owner of such truck in an amount double the actual damages done, and when it is proven that the driven or owner knowingly drove his truck on any part of said highway, then in a damaged or injured condition or likely to become so from further use is hereby made liable for the entire damages shown to be done to said highway and bridges the same as if he caused the entire damages.

Section 48. That any citizen of said Fayette County, Alabama, for the use of said county is hereby given a right of action in the Circuit Court of said county to sue in the name of the said Fayette County, Alabama, to recover the damages to said public roads and bridges as fixed in this act and citizens bringing said suit may sue for and recover in separate counts in the same suit for all damages sustained within two years prior to the bringing of the suit, though caused on different occasions. and by different drivers of trucks, but employed or owned by the same person, firm or corporation.

Section 49. It is hereby made the duty of the circuit solicitor of the fourteenth judicial circuit and the county solicitor of said county, to institute suit, and prosecute same to a conclusion,

when said injury or damages are brought to their attention. And the right of injunction to protect said public roads and bridges against a continuation of such injurious use of same, and the right to prohibit by injunction such use of the highways, when there are reasonable grounds to believe that any truck may likely cause damages to the same by traveling over the same, is hereby given to said Fayette County, Alabama, or any citizen thereof, and the complainant shall not be required to execute bond for such writ of injunction when so applied for.

Section 50. Any person, firm or corporation violating any provision of Sections 42, 43, 44, 45, 46, 47, and 48 of this Act is hereby subjected to a penalty of $200.00 to be sued for and recovered as provided in section 48 if no suit has been entered under section 47 thereof, in which event this section cannot be invoked. In the event of suit and recovery by the said County of Fayette, the said penalty must be paid into a fund for road and bridge purposes and used in repairing as near as may be the damage done to the public road and bridges by the party from whom said damage to the public road and bridges by the party from whom said damage is recovered,

Section 51. When a judgment is obtained against the owner of said truck the county shall have a lien thereon for the enforcement thereof, paramount to all subsequent liens and mortgages except liens for taxes as provided by law.

Section 52. As a cumulative punishment and in addition thereto, as provided in sections 48 and 50 hereof, if any person, firm or corporation violates any of the provisions of section 42 to 47 inclusive, of this act, shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not less than fifty nor more than five hundred dollars, at the discretion of the judge or jury trying the same, which fine, must be placed to the credit of road and bridge fund of said county and payable only in cash and when so paid shall be used to supplement the commutation fee in the precinct or precincts to repair the damage done by the defendant to said roads.

Section 53. That it shall be the duty of all road officials of said Fayette County, Alabama, to begin prosecution in the county court or report to the grand jury all violations of this act not herein before provided for in this act.

Section 54. That any road overseer or road commissioner who fails to do his duty as required under this act shall be guilty of a misdemeanor, and upon conviction be fined not less than $5.00 nor more than $50.00 provided this section is only intended to cover violation for failure to do his duty not otherwise provided for in this act

Section 55. That all actions for violations of the road laws in said county now pending or which may be committed before

this act becomes effective shall be prosecuted under the laws existing at the time said violation was committed.

Section 56. The court of county commissioners of said Fayette County, Alabama, shall have the power to elect a county engineer at a salary not to exceed eighteen hundred dollars per annum and no person shall be eligible to hold the office of county engineer unless he is a competent civil engineer and experienced in the construction and maintenance of public roads and bridges. The county engineer, when elected, shall devote his entire time to the duties of this office and such other duties as shall be assigned to him by the court of county commissioners. Said engineer before taking office shall furnish bond with some reliable surety company payable to Fayette County, Alabama, in the sum of three thousand dollars conditioned upon the faithful performance of the duties of said office. Said engineer shall prepare and approve plans and specifications for construction and repairing of the roads and bridges of said county. It shall be the duty of said engineer when so employed to consult and advise with the county commissioners with reference to the construction, erection, and maintenance of the roads and bridges of said county and to advise with the road commissioners and do such other work as may be assigned to him by the county commissioners which has for its object and purpose the construction and maintenance and repairing of the roads and bridges of said county.

Section 57. It shall be the duty of the State examiner of public accounts to examine all books, records, receipts, vouchers and papers of every kind and description kept by the commissioners court and road commissioners for the purpose of ascertaining as to whether or not special road funds, gasoline tax funds and commutation fees have been legally expended and to furnish the circuit solicitor of the 14th judicial circuit and the county solicitor with a copy of his report. It is made the duty of the said circuit solicitor and the county solicitor to see that all road funds are legally spent and in case of misappropriation of any road funds of said county to take such legal steps as may be necessary to recover said fund and to prevent misappropriation of said road funds.

Section 58. That if any section, provision, clause or portion of this act shall be held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, or provision, or portion of this act, which is not in and of itself unconstitutional.

Section 59. To the end that system of public roads for said county may be provided and the provision of this act may be effective for the purpose of improving the roads and bridges in

said county, this act and the provisions thereof shall be liberally construed.

Section 60. That all laws and parts of laws in conflict with the provisions of this act are hereby repealed and this act shall go into effect on the date of its approval by the Governor. Approved Sept. 14, 1923.

No. 274.)

To Repeal an Act Entitled:

AN ACT

(H. 107. Williams.

"To provide for the construction, care, maintenance, and improvement of the public roads of Franklin County; to provide funds, regulations, penalties and officers to ensure such constructions, care, maintenance, and improvement, to provide a county superintendent of roads, prescribe his qualifications, method of selection, term of office, salary, duties, powers; to prescribe in general the records to be kept by said superintendent; to provide that the Court of County Revenue shall have full powers over the Road System; to provide beat supervisors, sections overseers, and other persons to carry out said work on the road system of the county; to prescribe the duties of individuals and corporations in regard to the enforcement of said road law." Approved September 30, 1919.

Be it enacted by the Legislature of Alabama:

Section 1. That an Act entitled: "To provide for the construction, care, maintenance, and improvement of the public roads of Franklin County; to provide funds, regulations, penalties and officers to ensure such constructions, care, maintenance, and improvement, to provide a county superintendent of roads, prescribe his qualifications, method of selections, term of office, salary, duties, powers; to prescribe in general the records to be kept by said superintendent; to provide that the Court of County Revenue shall have full powers over the Road System; to provide beat supervisors, section overseers, and other persons to carry out said work on the road system of the County; to prescribe the duties of individuals and corporations in regard to the enforcement of said road law; Approved September 30, 1919, 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 Sept. 14, 1923.

No. 276.)

AN ACT

(H. 646. Forman.

To provide further for the construction, repair and maintenance of the public roads and highways of Morgan County, Alabama, so as to create a Superintendent of Roads for Morgan County, Alabama, to be known as the Road Superintendent; to provide for the appointment