The Montgomery advertiser., 1903-10-23

To provide for the construction. and
 maintenance of good public roads and
 bridges in the several counties of the
 State of Alabama
 Section 1. Be it enacted by the Legis- lature of Alabama, that 1t shall be the duty of the courts of county commits sioners and boards of revenue of the va- rious counties of this State, to cause the public roads in their respective counties now in existence, or which may be here after established. to be improved and constructed in such manner. as to ren- der travel over the same, safe and con- venient as practicable.
 Sec. 2. That the various courts of coun- ty commissioners or boards of revenue of the respective counties are hereby em- powered to procure such necessary rights of way for the construction of all new roads which may be established or for changing the course of roads now exist ing. by sale or donation from land own CTS or by ad quod danum proceedings as provided for by the laws for corpor- ations or individuals who are vested by law with the right to condemn real estate for roads. railroads. etc.
 Sec. 3. That the rights of way for first claes roads shall not be less than fifty feet in width and for second class roads not less than forty feet and for third grade roads any width less than 30 feet as may be determined by the court of county commissioners or board of rev. enue or other governing body of the county: Provided, That the provisions of this section shall apply only to roads here after located or established.
 Sec. 1. That in cases where the roads of different counties are projected to con- meet with each other. the courts of coun- ty commissioners or boards of revenue of adjoining counties be and the same are. hereby directed and empowered to meet at such places as they may agree upon to determine the most available and con- venient point on the boundaries of their respective counties, where such roads shall meet and connect and that a com plete and connectual system of good and permanent road may ramify throughout the members of the various courts of county commissioners and boards of rev enue incurred by them. in attending such meeting shall be paid out of the county treasury of the respective counties.
 Sec. 5. That the courts of county commissioners or boards of revenue of the various counties of the State, are hereby empowered to employ such men as may be necessary or expedient for the ance of the public roads of their respec- tive counties. That 1t shall be the duty of such employees to construct, improve and maintain and keep in good repair all the public roads and bridges, already constructed and improved, or which may hereafter De constructed or improved. That all persons employed shall be paid out of the public funds of the respective county set apart for the location, con- struction. improvements and mainten- ance of the public roads or any other f,Inda 0f aafd county
 Sec. 6. That for the purpose of con- structing, improving and maintaining the public roads and bridges of their respec- tive counties. the various courts and coun- ty commissioners or boards of revenue may either do such work themselves or employ contractors to do the same in whole or in part. and whenever the con- struction. improvement or maintenance of the public roads or bridges of a coun- ty Is to be done by independent contrac- tors 1t shall be the duty of the various courts of county commissioners or boards of revenue to require of the person or corporation with whom such contracts are made, the execution of a bond in sufficient amount and with solvent sure ties, conditioned to construct, improve. or maintain such roads and bridges, in a good and safe condition. for the full term for which said contract runs. Such bond
 
 of the county in which such roads and bridges are located, and must be filed and recorded in the office of the pro- bate judge. Any person injured by any breach of said bond shall have the right to bring suit thereon in his own name against the principal and sureties on such bond to recover damages for such injury as he may have sustained, by reason of such breach of such bond Provided fur ther, that the court of county commis- sioners or board of revenue shall have the right to reject any and all bids so made.
 Sec. '. That the various boards of revenue ard courts of county commis- sioners of the counties of this State shall have the power to levy a tax on all the property of their respective counties of centum of the value of such property which tax when collected shall be used exclusively for the purpose of paying any debt or liability incurred for the con- struction, erection or maintenance of the necessary public buildings, bridges or roads of the county, which tax shall be assessed and collected as other county taxes are collected and in cases where bonds of the county may have been is- sued. to the payment of the interest and principal of such bond.
 Sec. 6. That the courts of county com- missioners and boards of revenue may, If they deem 1t expedient, or proper, di- vide their respective counties into road districts" and when such districts are created the said courts of county com missioners or boards of revenue may or der elections in such districts or any of them, for the purpose of ascertain ing whether it is the will of the pc ople of such district or districts that a fax nf mt mora thon aoo fourth of one per centum on the taxable property in such district or districts shall be levied and assessed for the purpose of constructing improving and maintaining the public roads and bridges in such dis trict or districts. That such election shall be held in such manner as the courts of county commissioners or boards of reve- nue shall provide and only the qualified electors of such district or districts shall vote at such election. If a majority of the voters at such election shall vote for such tax the same shall be levied. as- sessed and collected as other taxes for County purposes. All taxes which may be levied and assessed under the provis- ions of this act shall constitute a lien on the property of the person against whom they are assessed superior to all other lines, except the States lien for taxes Pro- vided. no contract shall be made except after advertisement for thirty days in some newspaper published in the county accurately describing the character of work to be done and of the time and place of letting and then only to the low est bidder for such work, who shall enter into bond in double the amount of such bid conditioned for the proper perform ance of said contract according to the plans and specifications and within the A