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district; that the member elected from the second district shall be elected by the qualified electors of the second district; that the member elected from the third district shall be elected by the qualified electors of the third district; that the member elected from the fourth district shall be elected by the qualified electors of the fourth district; that the member elected from the fifth district shall be elected by the qualified electors of the fifth district. That the members so elected shall hold office for a term of four years, or until their successors are elected and qualified.
Sec. 3. That the members of the County Board elected under the provisions of this Act shall constitute the county board of Education of Morgan county, and shall exercise all power now or hereafter exercised by other Boards of Education in this State.
Sec. 4. That all laws and parts of laws in conflict with this Act, be and the same are hereby repealed.
Approved Sept. 26, 1923.
(H. 876. Glenn.
To extend the terms of office of certain members of the Commissioners
Court of Lauderdale County, Alabama, and to further prescribe the terms of office of members of the Commissioners Court of said county, and the time and manner of the nomination and election of members of the Commissioners Court of said county.
Section 1. Be it enacted by the Legislature of Alabama that the terms of office of those members of the Commissioners Court of Lauderdale County, Alabama, representing Commissioners District Numbers 1 and 3 in said county, said districts having been laid off in pursuance of the Legislative Act of February 9, 1877, are hereby extended for the period of two years from the date of the expiration of the terms for which they were elected; and the terms of office of Commissioners from said districts for succeeding terms shall thereafter be four years each, beginning with the end of the extended terms hereby created.
Section 2: Be it further enacted that elections for members of the Commissioners Court for said county shall be held at the general elections next preceding the expiration of the terms of office of the respective members of said court, and at said general elections all qualified voters of said county shall vote for each of the offices of Commissioner to be filled at such election.
Section 3 : Be it further enacted that in primary elections candidates seeking the office of Commissioner from a given Commissioner's district in said county shall be voted on only by those qualified voters residing and voting within that district.
Section 4. Be it further enacted that all laws and parts of laws in conflict with this act are hereby repealed.
Approved Sept. 26, 1923.
(H. 902. Odom.
To amend Section 1. of an Act entitled “An Act to amend an Act entitled
An Act to incorporate the town of Sulligent in the County of Lamar, State of Alabama, appr ed Feb. 2th 1897' approved March 4th, 1907.” So as to fix, define and enlarge the boundaries of the said town of Sulligent.
Be it enacted by the Legislature of Alabama:
Section 1. That section One of an Act entitled “An Act to amend Section 1 of an Act entitled an act to incorporate the town of Sulligent, in the County of Lamar, State of Alabama, approved February 12th, 1897, approved March 4th, 1907," be amended by amending Section 1 of said Act, so as to read as follows: Section 1. Be it Enacted by the general Assembly of Alabama that the town of Sulligent, in Lamar County, State of Alabama be and the same is hereby incorporated under and by the name of the town of Sulligent, and its corporate limits shall extend, and be as follows to-wit: Beginning at the center of Section twenty-nine (29), township thirteen (13), range fifteen (15) west, in Lamar County, Alabama, thence run north thirty-three (33) degrees, west one-fourth (14) of a mile, thence east fifty-seven (57) degrees, north three-fourths (34) of a mile, thence south thirty-three (33) degrees, east one and onetwentieth (1 1-20) miles, thence west fifty-seven (57) degrees, south one and one-half (112) miles, thence north thirty-three (33) degrees, west one and one-twentieth (1 1-20) miles, thence east fifty-seven (57) degrees, north three-fourths (34) of a mile."
Approved Sept. 26, 1923.
(H. 878. Byars.
To fix the time for holding the Jury terms of the County Court of
Lawrence County, Alabama:
Section 1. Be it enacted by the Legislature of Alabama that Jury terms of the county court of Lawrence County Alabama shall be held on the First Monday in March and the First Monday in October of each year and at such other times as the Judge of said Court may set, by an order made and entered on the Minutes of said Court, at least Thirty Days prior to the time proposed for holding such Special or called terms.
Section 2. Be it further enacted that all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby expressly repealed.
Approved Sept. 26, 1923.
(H. 941. St. John.
To Provide for the establishing, construction and maintaining of public
roads and bridges in Cullman County, Alabama; creating a Highway Commission for said County, and defining its powers, jurisdiction and duties.
Be it enacted by the Legislature of Alabama:
Section 1. There is hereby created a Highway Commission for Cullman County, Alabama, to be composed of the Judge of Probate of said County, who shall be ex-officio chairman of said Commission, and two associate members who shall be appointed by the Governor, and who shall hold office until the first Monday after the second Tuesday in January, 1929, and until their successors are appointed and qualified, and who shall at the time of their appointment be qualified electors of said County. All vacancies in the membership of said Commission shall be filled by appointment by the Governor, and such appointees are to hold office for the unexpired term. The term of office of said Commissioners shall be six years, to be appointed by the Governor, and shall be concurrent with the term of office of the Judge of Probate. The members of said Commission shall serve without compensation. Before assuming the duties of the office members of said Commission shall take the oath of office prescribed by law for other offices in this State.
Section 2. The said Highway Commission is hereby invested with a general and exclusive jurisdiction and superintendence of public roads and bridges in said county, and may establish new roads and change and discontinue old roads in the same manner and to the same extent as now exercised by the Court of County Commissioners of said county; and all the jurisdiction, powers, and authority now conferred by law on the Courts of County Commissioners or Boards of Revenue of the several counties of this State under the general laws of the State, as to public roads and bridges of Cullman County, be and the same are hereby conferred on the said Highway Commission of Cullman County, Alabama; and all jurisdiction of the said Court of County Commissioners of said county over the public roads and bridges and road and bridge fund of said county is hereby abolished.
Section 3. The said Highway Commission shall hold regular meetings at such times as may be fixed by the Commission, and such other special meetings as the road business of the county may require, such special meetings to be called by the chairman on sufficient notice to the associate members. The affirmative votes of two members of said Highway Commission shall be sufficient to decide any question coming before said Highway Commission for decision. Such Commission, as soon after the appointment and qualification of members thereof as practicable, shall divide said county into as many road districts as in the discretion of the Commission is necessary—not less than five, nor more than seven districts—and the said Commission is hereby authorized and empowered to employ a district road supervisor for each of the said districts to supervise all construction and maintenance of the roads and bridges of his district, and shall fix his duties and compensation, and may discharge such supervisor at their discretion and employ other supervisors. Such supervisors may be employed for such time as in the judgment of said Commission is necessary to the proper construction and maintenance of the roads and bridges of the County. Such Commission shall also have power and authority to employ such other labor and teams as may be necessary for the construction, maintenance and improvements of the roads and bridges in such county, and to buy machinery, tools, implements, books, receipt-books, records and stationery to be used by said Commission, and other necessary equipment and road material which in their judgment is necessary for use on the public roads and bridges of said county, and to provide for the necessary sheltering and housing of the same and to pay all necessary expenses incurred by said Commission, or any member thereof, in performing the duties imposed by this Act. Said Commission shall have authority, when it deems it necessary, to employ an engineer on such terms and for such time as is necessary in the location or change of any public road in the county, and to pay him for his services out of the road and bridge fund of the county. Such Commission shall have exclusive jurisdiction and control over the expenditure of all road and bridge funds in said county from whatever source obtained, and shall pay the same out upon warrants issued by the chairman of said Commission after having been authorized by the vote of two or more members of the said Commission; and the Treasurer of said county, or other custodian of the public funds
of said county, shall pay the warrants so drawn, upon their presentation, out of the road and bridge funds of said county. Said Commission shall also have the power and authority to employ a clerk of said Commission, whose duty shall be to keep a true and correct record of the proceedings of said Commission, as required by law of Courts of County Commissioners as to proceedings with reference to public roads and bridges, and of the receipts and disbursements thereof, and to keep a record of all tools, machinery and implements and road material and a list of road hands in such districts and the names of all roads in the county; and shall perform such other duties as may be required of him by the said Commission. Said Clerk shall receive a salary of $75.00 per month to be paid out of the general or road fund of the county on warrant issued by the Judge of Probate. Each of the road supervisors hereinbefore provided for shall make a true and correct itemized report of all work done in his district, and of the condition of the roads and bridges in his district, the labor employed, and a true and correct statement of the amount due each laborer for work, and all other expenses in connection with the road work in his district at the end of each month, which shall be audited by said Commission, and, if found correct, the Commission shall order a warrant drawn in favor of the person to whom any money is due for the amount so due. No warrant shall be drawn for the payment of any claim against the road funds of said county except upon a duly itemized, verified account thereof being filed with said Highway Commission and duly audited and allowed by said Commission.
Section 4. Said district road supervisors, subject to the approval of the Highway Commission of said county, shall, as soon after their appoint as practicable, appoint as many road overseers in their respective districts as may be necessary for the working, maintenance and construction of roads in said district, which said overseer shall be not under twenty-one nor over fifty-five years of age, and shall apportion the road hands in their respective districts to the different roads therein, and shall order the road overseers to call out the hands on said road for the purpose of maintaining and working said roads at such times as the district road supervisors may deem best, and to report to the Grand Jury of said county at its next regular term any overseer who fails to discharge his duty as such.
Section 5. All persons over eighteen and under forty-five years of age are liable to work on the public roads in said county for ten days in each year, except such as are exempt under Section 5778 of the Code of 1907, and all provisions of the general law of the State of Alabama with reference to the public roads and as to working same, and to exemptions from road