provided by law when in the performance or the discharge of his duties as ex-officio attorney for the department.

Section 15. (1315) COPIES OF PLAN ON FILE; RECORDS OPEN FOR INSPECTION. The state highway commission shall keep on file in its office copies of all plans and specifications prepared by the state highway department and the files and records of such department shall, under reasonable regulations, be kept open for inspection of the public at all reasonable hours. Certified copies of records shall be received in evidence in all the courts of this state.

Section 16. (1316) GENERAL DUTIES OF HIGHWAY DEPARTMENT. The State Highway Department shall cause to be made and kept in its office a general highway map of the State which shall show all State trunk roads. It shall collect information and prepare statistics relative to the mileage, character and condition of the roads and bridges in all counties of the State. It shall investigate and determine the methods of road construction best adapted to the various sections of the State and shall establish standards for the maintenance of roads and bridges which have been constructed with State aid. It may at all reasonable times be consulted by county and municipal officials relative to any matter relating to the construction of roads and bridges or culverts and the Commission may also call on all county and municipal officials for any information or assistance it may require and it shall be their duty to supply the same. The State Highway Commission shall determine the character and have the general supervision over the construction and maintenance of all the public roads, bridges, and culverts in the State where the funds of the State are used, and shall have a general supervision over the expenditure of any funds apportioned to any county of the State for the construction and maintenance of all public roads, bridges and culverts in each county.

Section 17. (1317) APPROPRIATION TO DEPARTMENT OF MOTOR VEHICLE LICENSE. There is hereby appropriated to the State Highway Department, for its use the entire net revenue derived by the State from the sale of motor vehicle, trailer and tractor licenses, and such other appropriations or funds, received by the State Highway Department shall be expended and accounted for as herein provided. Said State Highway Fund shall be paid out of the treasury on the State Auditor's warrant drawn upon presentation to him of the certificate of the State Highway Commission signed by the Highway Director, and approved by the Governor.

Section 18. (1318) STATE HIGHWAY FUND; FOR WHAT PURPOSE USED. All proceeds arising from the sale of State

Highway Bonds and the revenue appropriated to the State Highway Department, when received by the State Treasurer, shall be set aside in a special fund known as the State Highway Fund, and be used for no other purpose than in the carrying out of the provisions of this article. The revenue derived by the State from the sale of motor vehicle, trailer and tractor licenses and all other appropriations shall be used for the following purposes; first, to provide a sinking fund sufficient for the retirement of the said road bonds as they shall mature; second, for the expense of the Highway Department and for the maintenance of roads and bridges constructed under the provisions of this article; third, for the purchase of supplies and material, live stock and machinery, and any balance for the construction of roads and bridges. Annually, at such times as they may deem most convenient or suitable, the State Highway Department shall, out of said revenues, set apart a sum sufficient for the providing of said sinking fund and for the further expenses of the Highway Department and the maintenance of constructed roads and bridges, and the sum so set apart shall be used for no other purposes whatever. The proceeds of the sale of State Road Bonds. and the moneys appropriated by Congress under the Act known as the Federal Aid Law, shall be used exclusively for the purpose of constructing highways and bridges and the acquisition of bridges and of material.

Section 19. (1319) RULES AND REGULATIONS OF DEPARTMENT. The State Highway Department shall have the right and power to adopt all reasonable and necessary rules and regulations for the better construction, repair and maintenance of the public roads and bridges in Alabama which the Commission shall deem proper. The Department shall have the power to enter into contracts and agreements with the owners or operators of telegraph or telephone lines or power transmission lines which are constructed or operated along or across the public roads, bridges and highways of this State and to prescribe all reasonable rules and regulations as to the construction, repair or maintenance of the poles, wires and lines of such telegraph, telephone and power companies so as to insure the safety of the public in using the roads, bridges and highways in this State.

The Department may also prescribe any reasonable rules and regulations so as to prevent unnecessary trespassing upon or injury to any of the public roads, bridges or highways of the State, upon which State money may be expended or appropriated, or upon any part of the right-of-way of any of the public roads or highways in the State upon which State money may be expended or appropriated. The Department may also prescribe rules and regulations as to the weight or tonnage of vehicles to be used upon any of the public roads, bridges, or highways of

the State upon which State money may be expended or appropriated.

Section 20. (1320) AGREEMENTS WITH OTHER STATES AS TO BRIDGES. The Department may also contract and enter into agreements with other states as to construction, repair, or maintenance of any bridge across any stream which forms the boundary line between this and any other State.

Section 21. (1321) MEMBER OF COMMISSION NOR EMPLOYEE TO BE INTERESTED IN CONTRACT OR SALE OF MATERIAL. No member of the State Highway Commission, or any other person in the employ of the State Highway Department shall be either directly or indirectly interested in any contract or agreement for the construction or maintenance of any road or bridge in this State, or in the sale of any machinery, material or anything whatever entering into the construction, repair or maintenance of the roads and bridges of this State.

Section 22. (1322) APPROPRIATION TO DEPARTMENT; BALANCE TO ROADS. The State Highway Department shall reserve out of the State Highway Fund a sufficient sum annually to support the State Highway Department, the balance shall be used in the construction and maintenance and repair of the State Trunk Roads and bridges on the State Trunk Roads as is or may be provided by law. Before making any appropriations to counties of State aid fund, the State Highway Department shall first set aside out of the State Highway Fund a sum which, in its opinion, is sufficient to secure the Federal fund apportioned to this State, so that the State will not lose the benefit of the appropriation of Federal aid.

Section 23. (1323) APPLICATION BY COUNTIES FOR STATE AID. Whenever a Court of County Commissioners, Board of Revenue or other like governing body of a county shall desire that a State trunk road or bridge on a State trunk road in said county be constructed or maintained with State aid, written application shall be made by the county to the State Highway Department under such rules and regulations as the Department may prescribe. Such application, when made, shall be considered by the Department and if approved by it, the Commissioners shall direct an engineer to view said road or bridge and cause to be made surveys, plans, specifications and estimates of the cost of construction or maintenance and the State Highway Department may thereupon appropriate out of the State Highway Fund such part of the estimated cost of such work as it may deem proper and the State Highway Department shall proceed to do such work by contract or with its own force. If it deems best, the Department may accept appropriations from the county for said work, which shall be paid into the State Treasury to the credit of the State Highway Fund, before the work begins.

Whenever a county fails to make application for the construction or maintenance of a road, or bridge or the Department deems it best for such work to be done, it may proceed to construct or maintain any part of the State trunk road or bridge upon a State trunk road and pay part or all of the cost of such work out of the State Highway Fund.

Section 24. (1324) ENGINEER FURNISHED TO COUNTY FOR ROAD CONSTRUCTION. The State Highway Department shall furnish a competent engineer, when needed, during the progress of road or bridge construction, repair or maintenance in any county under the provisions of this article, who shall supervise said work and see that the plans and specifications are complied with.

Section 25. (1325) ADVERTISEMENT FOR BIDS; HOW MADE. Whenever it is proposed to do such work by contract and the estimated cost of such work exceeds five thousand dollars, the State Highway Department shall advertise for bids for at least thirty days in advance of the award of the contract in a newspaper published in the city of Montgomery and in a newspaper published in the county where the work is to be done, and in any other newspaper or periodical if the Department deems such other publication necessary and shall receive bids for all or a part of said work and let the contract to the lowest responsible bidder.

Section 26. (1325) PROPOSALS FOR GENERAL WORK; HOW ADVERTISED. When proposals are asked for doing work of a general nature over the State it shall not be necessary for advertisement to be inserted in papers in each county, but the Department must advertise in at least three daily newspapers published in the State for at least two weeks. It shall reserve the right, however, to reject any and all bids and call for new bids, or perform the work or any part of said work by day labor or convict labor or by entering into a contract with the Convict Department of the State to do such work or labor as it may deem best for the interest of the State and the county.

Section 27. (1327) CONTRACTS WITH COUNTIES, MUNICIPALITIES, ETC. The State Highway Department may enter into contracts with any of the counties of the State, or with any of the municipalities of this State as it may with individuals, firms or private corporations, to do any work in the construction, repair or maintenance of the roads, bridges or highways in this State.

Section 28. (1328) BONDS OF CONTRACTORS.

(a) Any person, firm or corporation entering into a contract with this State, or any county or municipal corporation in this State for the repair, construction or prosecution of any public building or public work, highways and bridges, shall be re

quired, before commencing such work, to execute a bond payable to the State, county or municipal corporation, with good and sufficient surety, approved in writing by the authority having charge of the making of such contract, conditioned that such contractor or contractors, shall faithfully perform such contract of the work agreed and contracted to be done, and shall promptly make payment to all persons supplying him or them with labor, material, feed-stuffs, or supplies, in the execution of the work provided for in such contract. Provided, however, that this section shall not apply to contracts of less than $1,000.00 in amount, as to the State, and less than fifty dollars as to counties and cities.

(b) Any person, firm or corporation supplying the contractor with labor, materials, feed-stuffs or supplies, after the complete performance of the contract and within sixty days therefrom, shall, upon application therefor and furnishing affidavit to the authority under the direction of whom such work has been prosecuted, that labor, material, feed-stuffs or supplies for such work has been supplied by him or them, and that payment for the same has not been made, be furnished a certified copy of said bond, and shall have a right of action thereon, and shall be authorized to bring suit on said bond in his or their name or names, and to prosecute the same to final judgment and execution.

(c) The contractor shall immediately after the completion of the contract give notice of said completion by an advertisement in some newspaper of general circulation published within the city or county wherein the work has been done for a period of four (4) successive weeks. In no instance shall a final settlement be made upon the contract until the expiration of thirty days after the completion of same.

(d) Upon the demand of the contractor for final settlement he shall file with the proper officials or authority by and with whom said contract was made, a sworn statement by the publisher of the newspaper as prescribed in provision (c) of this section, attaching thereto a copy of said publication of notice.

(e) That where suit is instituted by any of such creditors on the bond of the contractor, it shall not be commenced until after the complete performance of said contract and final settlement thereof; and where suit is so instituted by a creditor or by creditors, only one action shall be brought, and any creditor may file his claim in such action and be made party therto. If the recovery on the bond should be inadequate to pay the amounts found to be due to all of said creditors, judgment shall be given to each creditor prorata of the amount of the recovery. In all suits instituted under the provisions of this section, personal notice of the pendency thereof, informing them of their right