delivered the opinion of the court.

‘On the authority of the case of Gilmore v. State (Miss.), 33 South., 171, and its citations, the demurrer to the indictment was properly sustained. There is no averment that the law for working the public roads by contract was put in operation in Oarroll county, and courts cannot judicially know that it was. Elmore v. State, 81 Miss., 422.

Affirmed.